Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-04-16
BAR TO VETERANS
AS CRIME JURORS
FACES CHALLENGE
Courts Here Are Hampered
by Practice Which Has
Grown lnsidiously.
FINE LEGAL QUlBBLE
is HELD RESPONSIBLE
Relations of Former Soldiers With
Government Might Cause
Mistrial, Is Argument.
BY THOMAS r. HENRY.

under which virtually every World War
veteran is debarred from serving on
criminal jury in the District of CO.
lumbia. will be challenged in the Dis
trict Supreme Court next month.
The questions to prospective jurors,
relating to insurance. bonus and men,
bership in the Off1cers' Reserve Corps
have been stricken from the list to
test the validity of the contention that
the presence of such individuals on
juries might result in numerous and ex-
pensive mistrials.
This curious condition has arisen
through the close relation of the local
courts with the Federal Government,
which is party to all criminal actions.
Rejection of World War veterans as
jurors involves fine point in law IN
depreciation, relative to drawing juries
here.
II the veteran holds war risk in
surance policy or an adjusted compen-
sation certificate, he has contractual
relation with the Government which
makes him ineligible. to serve. in any
case to which the Government is a
party. Most veterans fall into one OF
these categories. Thousands have allow
ed their war risk policies to lapse, but
nearly all have adjusted service GER
tiflcates. About the only former serv-
ice men not included are those who, IN
the ranks for few weeks at the end of
the war, accepted lump payments which
closed their business relations with the
Government.
Barred, Just the Same.
II the veteran is receiving disability
compensation alone, his relation is not
strictly contractual, but still it is such
40 Ilxyh him from. GRIM
inal Jury service Since he is receiving
dement's from the Government, it is
argued, he might feel, however unrea-
sonably. that any adverse decision
would be resented by Uncle Sam. who
might get revenge by cutting down the
CONDENSATION Court officials admit
this is a finely-drawn point, but it is
not uncomfortable some veteran might
be beset by such fears.
Rejection of veterans is not specific
in the statute. but the practice has
grown up from judicial Interpretation
of the contractual relations clause. War
risk insurance policies and adjusted
COMPENSATION certificates. it has been
determined. are clearly legal contracts
between the individual and the Gov
eminent. Hence. veteran serving on
q fury might afford technical grounds
for mistrial in q hard-fought case, de-
laying the course of justice and putting
the Government to q great deal Of ex-
pense.
The practice has been to ask pros
pective Jurors specifically If they fall
IN any of the above categories. II
they do. they are automatically disquali-
fed for a criminal jury. Court officials
stress that this can in no sense be con-
sidered discrimination against veter-
ans as such. ~@rs
Challenge Is Contemplated.
For some time. it is learned, there has
been an inclination in the District SUI
preme Court to challange the practice
No judge hitherto has taken that step.
which is full of technical dangers. II
tractual relations with the Government
were accepted, the result might be in
valuation of a great deal of the pro-
ccedings and q heavy expense to the
Government
The courts recognize, however, that
because of this technicality, many per-
sons ideally adapted for jury duty are
lost. It also results in narrowing an
already extremely narrow list of eligi-
bles.
Specifically barred by statute are
all persons under 81 and over IS, all
employees Of the Federal Government
and Of the District of Columbia, all
clergymen, physicians and lawyers in
active practise, all notaries public and
masters of vessels in District of CO.
lumbia waters all illiterates and all
who have been convicted of felonies
Women are eligible, but are exempted
at their own request. Formerly 1t was
the practice to make them appear in
open court and state their objections.
This has been discontinued. since 1t
obviously was not the intent of the
law that a woman should be subjected
to any humiliation or embarrassment
in availing herself of the privilege of
not serving
She Is not required to give any rea-
son. Jury service for women is a COM
paratively new thing and naturally
many are loath to put themselves in
q position which may involve disagree
felt, which will be overcome in time as
the women on juries become less Of a
novelty.
Leaves Small Remainder.
Out Of population of half a million
this leaves small remainder. 1t is i'm
possible to estimate the number of
Washingtonians actually available for
criminal jury service because the ex-
empted classes overlap in so many
places. Many war veterans, for ex-
ample, are employees Of the Government
and so barred in any event. Others are
clergymen, lawyers and physicians.
Were it not for this overlapping, the
those who are exempted at their own
request might actually be larger than
the total population half the
people in washington are women. This
would knock OF quarter of million
at once. Government employees, In some
capacity or other, would approach 100.-
600, but here again there is much over
tapping so far as women and those I'M
der and over age are concerned.
The juror must be resident OF the
District of Columbia. Formerly this was
interpreted as exempting all who had
voting residences in other States. For
the last year it has been given broader
Interpretation. A person Is considered
g Washingtonian whose actual living
quarters and principal place of business
are here and who has lived here for a
reasonable period. This is . fine point
which must be decided by the court in
individual circumstances. Generally a
person living and working in Washing
ton for two or three years Is considered
acceptable, although there might be ex-
ceptions.
Court Uses Its Judgment.
Within the narrow limits allowed,
Jurors are taken without discrimination.
But even here the court must be guided
hy good judgment and discard persons
obviously united for service, although
,.ef FIR any reason named snecificallv In
the statute. The Law requires the juror