Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-09-25
Exemptions of Jurors.

Mr.. E. c. Graham, a member OF
the Jury Commission, favors legislation
removing the large number of persons
exempted from jury service rather than
placing on the Jury Commission the
duty of passing on the qualifications of
prospective jurors"
The statutes exempt from jury serv-
ice in the District "all executives and
judicial officers, salaried officers OF the
Government of the United States and
of the District of Columbia, all officers
and enlisted men of the National Guard,
both active and retired, and those con-
nected with the Police or Fire Depart
ments, counselors and attorneys at law
in actual practice, ministers O., the gos-
pei and clergymen of every -denomina-
ton, practicing physicians and sur
geons, keepers of hospitals, asylums,
aims houses or other charitable insti-
buttons created by or under the laws
relating to the District, captains and
masters and other persons employed on
vessels navigating the waters OF the
District"
These statutory exemptions might be
lessened If, in the opinion OF those
qualified to know, any practical benent
would result.
But there is another class OF COM
mon law exemptions that in the DIS
trict has been broadened by judicial
interpretations to include an extraor-
dinarily large proportion OF the popu-
lation; which embraces not only those
men who draw pension from tne
Government. but even those who are
protected by war risk insurance OF
who have a soldiers bonus. These ex-
emptions may exist by legal hair
splitting, and it might be argued on
good grounds that If there is pre-
sumption of biased Judgment In be-
half of the Government because
Juror has received from that Govern
ment a soldiers bonus, the same bias
would be found in the case OF any gooo
citizen and true who had received, IN
time of war, the protection OF his Gov
eminent; who In time Of peace has re-
ceiyed from his Government the pro-
lection that is guaranteed in the is
suance of a passport.
These exemptions, or disqualifica-
lions. have been broadened since the
Supreme Courts decision in the case
of q druggist who sat as the member
of a trial jury. The druggist was the
clerk in charge of subpostal station
located in his drug store, and the Gov
eminent paid him $500 year for rent
and clerk hire. The Supreme Court
held that he was disqualified, and In
the course Of its opinion declared:
It is of special Importance in this
District, where there are so many thou
sands of clerks and employees OF the
Government, to know whether thsy are
qualified jurors to sit on the trial OF
cases to which the Government is a
party. If they be so qualified 1t might
not be cause for much establishment
to see in this District majority OF
jury composed Of such jurors
A jury composed Of Government en-
ployes, where the Government was
party to the case on trial, would not In
the least conduce to respect for, or be-
lief In, the fairness of the system Of
trial by jury. To maintain that system
in the respect and affection of the citi-
zens of this country, it is requisite that
the Jurors chosen should not only in
fact be fair and impartial, but that they
should not occupy such relation to either
side as to lead, on that account, to and
doubt on the subject =
Modern methods of doing business
and modern complications resulting
therefrom have not wrought any change
in human nature itself, and therefore
have not lessened or altered the general
tendency among men, recognized by the
common law. TO look somewhat more
favorably. though perhaps frequently
unconsciously, upon the side OF the ger
son or corporation that employs them.
Bias or prejudice is such an elusive con-
| dition Of the mind that 1t Is most diff
ficult, II not impossible, to always recog-
nize its existence, and 1t might exist in
the mind of one who was quite
positive that he had no bias. The
law therefore most wisely says that
with regard to some of the relations
| which may exist between the juror and
one of the parties, bias is implied" and
evidence of its actual existence need not
be given.
This implication of bias seems to
1 have been carried to absurd extremes
1t is high time that a further test be
made to establish the line beyond which
it cannot be held reasonably to exist.
But in the meantime there is no ex-
cuse for the swearing in Of jurors who
come under the established ban. Rea-
sonable precaution, which was not ex-
ercised in the case of this grand jury
| should be sufficient to prevent 1t. While
| nobody wants the Jury Commission to
pass on the qualifications of jurors, a
right and a duty of the court, there
/ should be a system to weed out before
! the names are drawn prospective jurors
who are manifestly disqualified or
unfit Tie District Supreme Court
should see to the establishment Of
! proper machinery, through legislation
or through its own rules, to make such
system effective.
/ -A---------S--SOs.-S-----
A journey to Detroit showed Presi-