The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1913-02-25

\ courts nave caused Dhh t~
adopt reform measures. Recosniz'hs
the need for it IN North Carolina the
press, with practical unanimlty, has
besought the Legislature to reduce
the number OF p~eremptcry challenges
now allowed defendants in criminal
eases and 70 change those methods CT
practise which enable conspicuous
violators of the law 20 90 unwhipped
Of justice. Governor kitchin. in he
excellent message. which he sent TO
the present General Assembly. recon-
mended that the state anG defendant
should be placed upon equality. The
Acknowledgement in his report made
a similar recommendation. The Bar
Association Of the State. which en-
and most patriotic, members Of the
learned legal profession, have demand
ed reforms. They prepared or caused
TO be prepared bills incorporating
their views. One Of these bills provid-
ed hat the number Of peremptory
challenges in capital cases should be
reduced from twenty-three to eight for
LAc Oc4SIIOoAN dAu tIft tNG toeC
should continue to AVE four.
Bills were introduced in the General
Assembly in both branches for the
purpose Of securing reforms along
these lines. Judiciary Committee No.
2 Of the State Senate, headed by Sen
ator StubbS and embracing fifteen
other lawyers, considered the matter
at length and heard arguments by
Mr.. c. w. .rillett and others. After
lthraSlliHg it out. this committee, rec
.Osnizing that abuses existed and thai
changes should be made, united on the
bill which did not go as far as the rec
ommcndation OF the Governor and the
Acknowledgement or even those made
by the Bar Association. 1t was under
stood to be a compromise measure,
adopted with the hope that it would
be passed through the Genefal Assem-
bly, without serious opposition. II took
what might he called halfway ground.
1t passed the Senate by Il vote that
was practically unanimous. The mat
: ter is now pending in the House. It
= received u favorable report from one
? of the Judiciary committees and pass
: ed its second reading on Friday night
: after a lengthy debate. While it had
a substantial majority, the vote was
sufficiently close as to cause disap-
pcintment to the friends Of the meas.
= urc. It is true that only seventy-three
: Of the one hundred and twenty mem.
berS Were present in the House anc
this may accOunt for the close vote bu,
. the opposition to any change of re.
form along this line is active and cor.
. tinues the fight against the passage ..
the bill upon its third reading. l
went over on Saturday NTH mex
week.
The bill now pending allows the de
PENDANT In capital cases twelve per
emptory challenges and the Stat
fOur. It also eliminates the right o
the state TO stand any jurors at tn
foot OF the panel. 1t denies the RICH
to admit the cause OF challenge whel
q party is only seeking to ascertain j
the Juror is competing or unbiased
" MIR. Tjliett. in his able be
= fore The Joint meeting OF the tudiciar
committees. described the practis
now existing In North Carolina in thi
respect as absurd. Some members o
the committee even suggested that tn
practise did not exist in their ountie
But it does exist In many. In nor
than n instance in North CaTolin
The entire jury has been excused fror
the box simply because the callsa wa
admitted when an attorney represen,
ing n Of the parties, only sought t
" ascertain II they were disqualified b
q reason OF relationship or expression {
opinion. The pending bill changes tn;
practise. IT also denies the right I
!" challenge because Of ownership {
asst ,.od ar harana .r -,
re ;,,,x y;tbin two .h.,. -, 80,