The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-06-24
OUR NICE JURY SYSTEM.
cgRIosITIEs OF RADICAL Law IN
SOUTH CAROLINA.
A Double-BarrelIed Jury and a Puzzled
Judge-The Matter Referred to the
Bar-How 1t was Decided,

Judge-The Matter Referred to the
Bar-How 1t was Decided,
From the Darlington Index, June 22.l
The Court Of General Sessions for Darlington
County convened last Monday, Hon. ]. NJ. Rut-
land presiding. At an early hour in the day 1t
was ascertained that two,grand jurles were In
attendance, and this fact was announced to
the court by the acting solicitor, C-P. Town
send. Ills Honor expressed grave doubts as
to whether the jury drawn under the act OF
1868, or that drawn under the act of 1871, was
the legal jury, and, at the suggestion OF the
solicitor, directed the members Of the bar,
with the solicitor, to examine Into the matter
and reporttheir conclusion to the court. There
Upon c. P. Townsend, Esq, acting solicit
tor, and all the members of the bar present,
.cors:sting of Messrs. E. A. Law, A. G. Spain,
B. W. Edwards, E. G. Baker, R.W: Boyd, E.
K. Dargan, ID. Ward, ]. F. Dargan and /. E.
Hill, (of the lawyers who practice III the courts
of Darlington, Messrs. W. W. Hafllee, Henry
McIver and F. F. Marley only were ABSENT
retired for consultation. 1t was soon nnanl-
mously decided that the law of1s1l is the'only
Jury law in existence in South Carolina, and
that, therefore, the grand jury drawn under 1t
could no longer serve; but the more important
question arose: Is the jury commissioner, who
was a member OF the board by whom the other
grand jury and the petit juriee were drawn,
a legally constituted officer? Before deciding
this question his Honor was requested to ad-
journ the court and be present at the delibera-
lions of the bar. After some further consulta-
ton it was decided, his Honor being present,
that the jury commissioner for Darlington
County was not legally appointed, and that,
therefore, no legal juries were In attendance
on the court. At 8 o'clock In the afternoon,
the acting solicitor, in behalf Of. the members
of the bar, addressed the court as follows:
Mau it please your Honor-When the court
met this morning, my attention was directed
10 the fact that two grand turies were In alten.
dance, one drawn under the act Of 1868; and
the other under the act Of 1871. Your Honor,
when the fact was brought to your notice,
suggested that there we're doubts In. your mind
as 10 which Of the juries should serve during
the present term, and, at my Invitation, the
members of this bar were called together for
consultation upon the subject. During the
conference another question OF graVer impor-
lance was suggested and discussed, and 1t was
whether there were any legal 5Hries, grand or
AS acting solicitor, l have been COM
.m%issioned by the members Of this bar to sub
nit their Judgment upon the questions dis
cussed, In which judgment / fully concur. 1t
is their unanimous opinion, after due consid-
Grafton Of the law, that there are no legal ju-.
ries, grand or petit, In attendance.
The act Of 1868 charged the Jury law OF this
State, without, however, repeating all former
statutes, and provided a new code OF drawing
Jurors. An amendment to this act was passed
In 1869, which repealed in words all acts or
parts OF acts previously passed, except the act
to which that act was Gn amendment. After
the passage of the amendatory act of 1863, the
Jury law of South Carolina was embodied in
the two. acts of 1868 and 1859, and 30 continued
until the passage OF the actof 1871, which pro.
vided an entirely new mode of drawing
jurors.
In the 3sLh section of the act Of 1871, ratified
and approved March 10Th, 1871, It is enacted
that '.this act shall take effect, and have the
full lorce OF law, from and after Its passage
The act of 1871 was then in fun force and et-
feet from and after the 10th day OF March,
1871, and was the only jury law Of South
Carolina.
III Vic SOlh GCNLlOll " ObkiS " " Az NSSSSN
THAT an act entitled, an act to regulate the
manner of drawing jurors, approved the 26th
day of September, 1868, aud the act entitled
On act to amend an act entitled an ac9to regu.
late the drawing OF juries, approved the 25d
day of March, 1869, and all other acts or parts
OF acts In any way conflicting with the provls-
ions of this act be, and the same are hereby,
repealed"
The act of 1869. and that of 1871, are in con-
fiet as to the manner OF drawing jurors, and.
this section In the act of 1871 necessarily re.
peals tue. act. of 1869. All acts then In this
State relative TO drawing jurors are repealed,
aud the only Jury law OF South Carolina at this
time is the act passed and approved the 10th
day OF March, 1871. If the act Of 1859 has been
repealed, the grand jury now IN attendance,
drawn in accordance with the provisions OF
that act, Ia not a grand jury, because the re-
peal of the act relieves them from the duty
and deprives them Of the right to exercise the
duties Of grand jurors:
Besides, In the 9th section of act of 1871,
provision Is made for the drawing. of jurors
for the present year, within one month alter
the passage OF the act, and afterwards they.
are to be drawn id the month Of January Of
each succeeding year. 1t seems that by this
provision being made the Legislature clearly
Intended that new .%juries, grand and petit,
should be drawn for the present year. II
such was not the Intention, why make pro-
vision at all for the drawing OF jurors Tor Inc
present year?
II either grand jury in attendance can
serve, it Is manifest that the jury drawn
under The act of 1869 cannot. But are there
any juries. grand or petit, In Attendance upon,
the court, drawn In accordance with the pro-
visions of thejnry act Of 1871 IT these pres
ent have not been so drawn, they are clearly
not legal jurors, and cannot take c0gnlzance
ofany case submitted to them In the Court OF
General Sessions or Common Pleas.
By the fourth section of the act of 1871, a
new office is created, that of the jury com
missioner, and the manner Of his appointment
Is therein designated He IS TO be appointed
by the Governor and confirmed by the Senate,
Is the language employed in the. act, and to.
gether with the chairman Of the board OF
county commissioners and the county auditor,
shall constitute a board of Jury commissioners
for the county.
In the fifth section of the act it is enacted
that .lhe board OF jury commissioners, once
III every year, during the month Of January,
and for the. present year within one month
alter the passage of this act, shall prepare a
jury list &c.
In the 18th section it Is enacted that when
Jurors are to be drawn, the board of jury com
missioners shall attend at the office Of the
clerk OF The court, and in the presence OF the
clerk of court and the sheriff OF the county,,