Evening star., 1946-05-21
Commission Sets Goal
Of Service on Jury
Once in Lifetime

Ihe District Jury Commission
believes its goal whereby the average
citizen will serve on jury once in hi,
life, but rarely oftener, would nullify
any need for excluding from jury
lists persons who work for a daily
wage-a practice denounced by the
Supreme Court in an opinion yes
terday.
The court granted a new trial
for Gilbert E. Thiel, who appealed
a California Federal Court jury's
verdict denying him s250,O0t
damages from the Southern Pacific
Railroad for injuries allegedly suf-
fered in fall from a train
Mr.. Thiel claimed he fell from
a train window while suffering de.
lirium tremens, and that the line!
employees had been told in advance
of his condition and should have
guarded him. He said in his appea
that at the time of the fall he was
lin a highly depressed mental state
over the week-old marriage in Reno
Court Supports Motion
Justice Murphy delivered the
courts So opinion which said the
trial court should have granted Mr.
Thiels motion to dismiss the jury
panel.
Mr.. Thiel's appeal asserted among
other things that seven of the pros.
pective jurors represented the EN-.
ployer viewpoint" and three other.
had business or friendly connec.
tions" with the railroad.
Evidence in the case, Justice Muir.
ply wrote. showed a failure ''tc
abide by the proper rules and prin.
ciples of jury selection" He added
Both the clerk of the court ane
the jury commissioner testified tina
they deliberately and Intentionally
excluded from the jury lists al
persons who work for daily wage
This exclusion cannot be justified
by Federal or State law"
Frankfurter Dissents.
Justice Frankfurter, dissenting
commented that American society
"is happily not so fragmentized thar
those who get paid by the day adopr
a different social outlook, have &
different sense of justice and s
different conception of a Jurors re.
sponsibility than their fellow work.
ers paid by the week"
The District system has beer
sympathetic toward prospectiv,
jurors who are paid by the hour o.
on commission basis, or operat.
one-man businesses.
Vincent Saccardi, chairman of tn,
Jury Commission, pointed out
however, that these persons are no
altogether dropped from jury lists
They may be deferred for a year o.
so, by which time they may hav,
become better able to serve, h,
pointed out.
The commission is swelling 1t.
"base" of prospective jurors with al
eye to abolishing the old system
where one person might be called t.
service twice with IA to 18 months.
5O,OOO Names Sought.
Where a per diem wage earne,
might suffer extreme hardship IL
loss of pay through serving on +,
jury periodically, Mr.. Saccardi as
serted, he could, and should, serv
once in his lifetime.
The commission, which include.
also Col. Edward Goring Bliss ant
Mrs. Eunice Thomas, is sending ou
questionnaires at the rate of 500
a month to provide base of 50,OO(
names.
These figures compare, Mr.. Sac
cardi pointed out, with a base O.
about 10000 names in 1943, will
about 1000 adding during the year
The three commissioners are seek
ing to abolish the "professiona
juror" as one person termed him
self after having served II times.
I'VE are trying to give every citi
zen of the District an opportunit,
to serve" said Mr.. Saccardi. wv,
want them to realize they have al
interest in the administration O
justice"
The large base enables the com
mission to supply the courts her
with a large proportion of citizen
fresh to jury service.
I'VE intend in the near futur
to seek legislation requiring all citi
zens between the ages of 81 and s.
to file questionnaires," Mr.. Saccard
said. I'VE would recommend it a.
a solution to jury problems all owe
the country. 1t would give jur,
commissioners an unlimited numbel
OF people to draw from" -.