The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-05-02
CRINlNAL LAW AND JURY
REFORM Will Be DISCUSSED


drawn.
There is no use discussing criminal
reform as long as the criminal may
expect to meet his own kind, or the
ignorant and stupid in the jury at his
trial.
The Importance of reform along this
line in reference to juries, We think
should be our first concern.
Second: We suggest that.an amend
ment to the Constitution ought to be
at once passed, giving the state a
right to change the venue of any Grim
inal case on the same terms and under
the same conditions as the defendant
may obtain such change. This reform
is imperatively demanded In the
small counties and districts it is now
impossible to try case more than
one time, if at all. Public sentiment
may be so easily corrupted as to make
it impossible fairly to try case even
once in many instances.
Third: We suggest that under the
present judicial Interpretation of the
constitution, the definition of "a fair
and impartial juror" ought to be so
determined as to qualify the intelli-
gence of the community for this SER
vice. At present, if a man has intelli-
gence enough to have read anything
about the case and to have formed an
opinion, he is utterly disqualified,
though he has no feeling in the case
and is of sufficient intelligence to dis
regard the opinion formed and to try
the case solely upon the evidence.
We suggest as a remedy for this evil
that the constitution ought to be so
amended as to provide that a juror
shall be qualified Notwithstanding his
capacity to read, and form opinions
from reading and that when his quail
fication has been passed upon by the
trial court, it shall not be the subject
of review in the supreme court.
We suggest that the constitution be
so amended as that the district attor-
ney may proceed by information in any
and all cases, or at least in all cases
less than capital offenses.
Fourth; We suggest that Section
1869 of the Code of 1906 on the sub
ject of Furnishing bank officers for the
receipt of deposits into an insolvent
bank, ought to be amended in two
respects: First. 1t ought to be so
amended as to make the crime a con-
tinuous offense so that any number
of deposit from any number
of different persons may be
charged in the same court, in the
same indictment. Second, it ought to
be so amended as that the receipt of
any deposit at any time within six
months before the suspension of busi-
ness of the bank, either by the ap-
pointment of receiver, or otherwise,
that such suspension of business
should be prima facie evidence of the
insolvency of the bankSat the time any
such deposits were made A similar
statute exists in many of the states.
Fifth: We suggest that Section
1905 of the Code of 1906 ought to be
amended by adding the crime of
bribery" before the words gambling
or gaming" in the fifth line of said
section. And this section ought to be
further amended by providing that no
witness shall have the immunity pre-
vided by the section except witness
who is either summoned by an order
of the court entered upon the minutes
of the court, or who refuses to testify
and is given such immunity for so
testifying before the grand jury, by an
order of the court entered upon its
minutes.
Sixth: We suggest that Section |
1906 of the Code of 1906 ought to be |
amended by adding after the words in
the second line of said section upon |
the trial." the words, cor investiga- |
ton before the grand jury"
These last two amendments to Sec
tions 1906 and 1906 are necessary, we
think, for the discovery of the crime of |
bribery before the courts, inasmuch |
as immunity is only given the witness
if he testifies on the trial, and not if |
he testify and discover the crime be.
fore the grand jury.
Seventh: We suggest that Section
1414 of the Code of 1906 be amended |
by adding the crime bribery" to the
exceptions in said statute in place of
the word larceny. There is no earthly
reason why the statute of limitations,
we think, should apply to bribery as
il does now.
Eighth: We suggest that Section
1916 of the Code Of 1906 ought to be
so amended aseto entirely abolish all