Jury System and its Critics. of divination can a particular panel ascer tain in advance what cases may be assigned to them for determination. This avoids the suspicion of partiality or contrivance. It does more; it also excludes the idea of fealty or accountability to a principal or a superior. Another matter which is very much in favor of a jury is that it is not an official body. As we have just observed, the jurors are not selected on political issues. They cannot aspire, therefore, to re-election; and this fact confers on them a degree of fear lessness which would otherwise be extremely difficult of acquisition. In the opinion of the writer, however, there never has been or can be such a thing as absolute justice. If Astrea ever had her habitation among humanity, she has centuries ago removed to some unexplored planet. Even if she were to return, the assertion is hazarded that she would not be understood or appreciated. Strange as it may appear, men as a class do not care for strict abstract justice. What the major portion of the race much more desires is to receive what, in their judgment, passes for justice. And to attain this de sideratum, owing to the peculiarities of the jury system previously mentioned, this de vice seems to be admirably adopted. Of course, however, no one human inven tion embodies in itself every commendable feature. All systems have their disadvan tages, together with their advantages. The jury enjoys no exemption. Although strenu ous precautions are taken to insure impartial ity, it is more than probable that some of the number will be biassed in the verdict given. Ofttimes mere prejudice or passion is al lowed to dominate their action. For in stance, all lawyers know that where the adversary is a woman, the large percentage of chances for success are on her side, irre spective of the merits of the controversy. This doubtless comes from the natural chiv alry implanted in the breast of every rightthinking man. At such times we involun tarily recall our sainted mothers, our loving
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sisters, our devoted wives; and the conclu sion is instantly reached that such women could do no wrong. From this position to the necessary " there fore " is an easy logical step; hence the ver dict. It remains to be remarked also that in this instance intuition frequently proves to be a safe guide; for often indeed it is man's inhumanity to woman that makes the countless millions mourn. So deep in truth is this instinct of gallantry towards femi ninity implanted in the masculine heart that its eradication appears almost, if not alto gether, hopeless. If ever the day should dawn when women compose juries and wear the ermine, then the legally inclined of our descendants will be emancipated from the difficulties which for the present must con tinue to perplex the ordinary attorney even to the verge of distraction. But opponents moreover allege that petit juries are irreconcilably opposed to corpora tions. As a matter of experience, it must be acknowledged that this accusation is gen erally sustainable. In the great majority of cases, however, this animus is primarily due to the oppression that too frequently char acterizes many of these artificial entities. The author has been in some localities — in places where corporations were operated in a manner at which some utilitarian persons go out of their way to sneer — where it would be rather difficult to secure a verdict adverse to the company in question. And, as a matter that defies successful contro version, it may be averred that companies which remember that their employees are human have nothing to apprehend from this reputed hostility. On the whole, then, it appears that whatever animosity exists to wards these monstrous aggregations of cap ital is riot without its redeeming features This antipathy simply tends to realize what would otherwise be unattainable, — equal protection and rights before the law for Lazarus as well as for Dives. Admirably equipped as the jury is for the adjudication of many of the contests arising
