Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-01-26

L
church Likewise when our people
combine their capital and organize
banks or manufacturing or commercial
institutions, a majority of the stock
controls the policy of the corporation.
The same rule prevails in our social
organizations.
Thus we see that it is in the jury
box alone that the majority rule does
not govern.
1T is inexplicable that this condition
has been permitted to stand for so long
time; the fact illustrates the conser-
vatism of the American people.
But upon inquiry of a. correspond
ent in each and every state in the I'm
In favor of the modification Of the
unanimity rule. Various notifications
have been adopted in many of the
states, and l hazard but little in re-
cording the prediction that the time
Is not far distant when e. change will
be accomplished that will be more con-
sonant with reason and more consist
ent with time honored majority prin-
ciple which prevails in the most i'm
portant affairs in which our people are
concerned.
Il trust that the members of the
South Carolina bar will assume and
maintain the leadership in this i'm
portant matter and thus merit the
gratitude of the American people, even
as their fathers have done in so many
epochs of American history.
Let us now consider the second
and third objections to the unanimity
rule, to wit: is it true that this rule is
the most prolific source Of the delays
of the. laws, and is it true that it is the
cause of a large proportion Of the ex-
pense that Is incident to the admins
tration Of justice in our state?
These two questions may be con-
sidered together, for it cannot be de-
MED that whatever causes delay Is
likewise the cause Of unnecessary ex-
pense.
II have taken the pains to inquire
of each and every clerk of the court
| in our state as to the number Of mis-
| trials in their respective counties dur
ing the twelve months next preceding
the date of my inquiry and twenty
nine clerks favored me with prompt
reply. These reports include the fall
| term of our courts for the year 1907
and the spring and summer terms for
the year 1908, and in these twenty-nine
counties there were fifty-five mistrials.
| In several of the causes in which such
mistrials resulted there was more than
one mistral, and in many of these
causes there was more than one day
consumed in the trial. With such
record before us it is not strange that
we often see from two to five years
elapse between the institution Of an ac-
ton and the date of the final Judgment
With such a. record before us who can
challenge the. objections to the una
nimity rule that it causes delay and
the delay causes grievous expense to
the people,.
Tol 1900 PAS'ON"NAO''
fathers abolished special juries in civ
il cases.
In 1797 (see second Erevard's Di-
gest, page 454,) the legislature passed
an act with the following preamble:
"'Whereas, the regulations for the
trial of civil causes by special juries
have been abused to the purpose of
delay and chicanery, and the admin
istration of justice hath been impeded
by these delays, to the great discour-
agement of credit. For remedy thereof,
be it enacted, that the right of trial
by special jury be, and Is the same
hereby abolished, and all clauses Of
acts respecting the same be and are
hereby repealed
I'VE read of no such evil conse-
quences which resulted from trials by
special juries as our children will read
OF the misfortunes which we expe-
rienced from mistrials.
There should be no mistrial in
any case in any Of our courts save
from providential causes, such as the
sickness Of a judge or juror or an
attorney. We should have an efficient
agency for the prevention of injus-
tice in our courts, in the generous pro-
visions for new trials, which our laws
afford, but there should be no mis-
trials.
In litigation between the strong and
the weak, in litigation between the rich
and poor, too much discrimination is
possible, when by fear, favor, affection,
reward, or the hope of reward. mis-
trial is possible.
The citizen whose house is burned
Is entitled to as much consideration as
the man who burns it. The citizen
whose character is assaulted should
not be required to seek Yindication at
the hands of the entire panel of jurors,
when the man who assails it may rest
serenely in the assurance that one Ju-
ror may be influenced by affection for
him, or by favOritism for his attorney.
Thus we have frequently seen, and we
have all seen it, that the resources of
W llO uppiiSu ~ Ni'N ~'N'N"
for redress have been exhausted before
the end of the law was reached. WITH
such experience there should be no sur
prise when the people turn their backs
upon the courts and redress their
wrongs in defiance Of the courts and
of the law"
THE mistrial is not the only con-
sequence Of the evil tendency OF the
unanimty rule. but the more fire.
uuent and irritating illustration Of the
delay and the expense that are attri-
butable to it, and inseparable from 1t,
is found at each and every term of our
courts in the prOlongation of jury
trials. We constantly sec minority
of the jury. frequently a single juror,
holding the court all day and on
throughout the night, whereas ma
jority of the jury might render full jus
tice in few hours"
T., The British Society for the De-
structiOn of Vermin is pushing vigor-