Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-10-07
LOCAL NEWS.
THE GRAND JURY.
Is the Present Body Legal.

twill be remembered that about the time
The Safe Burglary case was on tris'-No-
vember, Is4-the case OF Huff, charged with
stealing a horse, was pending in the Sdpreme
Court In General Term, Mr.. W. A. Cook his
counsel, having, after challenging the array
OF the grand jury, carried his case 20 that
court upon appeal. The Supreme Court de-
tided that the grand jury by whom the in %
documents Were found was not properly
oonstt uted, and Of course the safe burglary
ana other indictments fell through.
Congress q Z once took steps 20 recfffy the
N after and by act of december 18th prnvfie,t
that until February LIST, 1875, II should b.
lawful 10 cause "tO be drawn by LOT and i'm
Pannelled the proper number of persons
from those whose names are now Deposited
with the clerk of the court in the general
Jury box"
Tie grand jury summoned for the necan
Der term of the CTimidal Court had ON the
meeting of that court been discharged but
trials were proceeded with asuSul.
Under the special act December 2Sth, is-i 3
no drawing took place. and IL was not until
the latter part OF February that a new grand
names select, by MesSrs. Z. r. Bacon John
r. Cook John L. Mitchell and John saul, who
were appointed under the act OF 1871, and IL
is claimed that these names were selected
strictly In accordance with existing law aud
mat the drawings from the box since have
been perfectly regular.
A BILL WHICH DID NOT BECOME Law
About this time, however the Pacific Mail
inquiry seemed To develop the fact that WIN
;. King had been guilty OF false swearing
and IL therefore became important that N ne
was To be indicted, an Indictment should be
found i'm few days. With this end in view
Mr.. Dawes, OF Mass, on February Sth las
introduced a bill, and IL was passed by the
House by two thirds vote. page 1,O72, Con
greSsional Record.) The bill was at once
sent 10 the Senate, referred 10 the Committee
on the Judiciary, reported by Mr.. r Imunds
with amendments, February 18th, and
passed by two thirds vote February 10Th
(page ,30i, Congressional Record) Ca Feb
ruary I'D the House agreed to the Senate
amendmC-'s. Congressional Record. page
1888, AID il was sent TO the President IL
has be N generally supposed that this bill
had tecOme a law, aud therefore all the
defects I'm the previous acts had been cured
by IL. Recently, when the Revised Statutes
were referred to, 30 trace OF such an act
could be found, and 10 is said that the PreSi-
dent neither signed nor returned the bill TO
the House with bis objections and but nine
working days having interviewed between
the passage of the act and the adjournment
of Congress. IL failet TO become a law. Under
the 9TH section of article list of the Constitu-
tiOn, II ten days expire after the passage of a
bill and the President does not return IT, IL
then becomes a law.
There is considerable diversity OF opInion
on the subject OF the legality of the present
grand jury, some members OF the bar claim
ing that IL is as defective as the former but
the Judges and other officials about the civ
Hail, relying on the law a. IL appears on
page l0l, Consolidated Statutes OF the Dis
Irict, are % the opinion that the present
body is legal one.
THE LAW
as IL appears there provides that, until other
wise provided by the legis alive assembly,
the Supreme Court OF the District may by
orders Ia general term, from time 10 time,
designate necessary officers or persons 10
make the list OF jurors for service i'm said
court TACT lS1i)- The names on the lists
shall be selected, as near as may be- from
among the citizens OF the several wards or
districts OF the cities of Washington and
georgetown, and the three divisions of the
District outside the limits OF said cities
formed 10y the Eastern Branch of the PotO-
mac Ri,er and Rock Creek, in proper
ton 10 the number of iuhh9itsn re-
siding therein resi- ectlvely. The names
selected shall be written on separate
and similar pieces of paper, which shall
be so folded or rolled up that the names can
not be seen, and placed In a box 20 be pro
NlJed for that purpose, The box shall be
sealed, ana after being thoroughly shaken
shall oe delivered TO the clerk of the Supreme
Court for saiekeeping. AT least ten days be
fore the commencement of each term held as
the Circuit Court, or as the Criminal Court,
respectively, the clerk shall publicly break
the seal of the jury box and proceed to draw
tneTefrOm the names OF as many persons as
are required. II the jury is intended for the
service In the special term sitting as a crimi-
nal court, the twenty-three persons whose
names shall be first drawn shall constitute
the grand jury. and the twenty-six pc. sons
stitute the petit jury for that term.