New-York tribune., 1878-02-04
JUSTICE BRApLEVS DECISION.


III, ArpiICAIIoS IN>rrvICI"&r-!Hc .MPo spit-
Ifr or F,la TRIAL UNtEG a.. lAw, NOr
r:Dyru-PJBiIC rHEJUDlC.. &rr ENOUGH ~
ms CAs".
lui IELucEiiE 7" T"r TaiS'NGi
W,,utsGI0V Feb. 81 ,>,i.r N'3 ley has de-
nicd fnc petition fos Il removal oi a. Returning
Board crscs to the Uaitcd states Circuit Court.
The petitioners claim that by III" presentation of
= rctit'ou to thr Criminal Cont for removal,
tie caEsc stood reinoy,l, an1 that The
Criminal Court had no authority q proceed
further in the ca. Tho rriacipal facts state
in sail petition as ground for rcEoY-
ing the cause were that 10y reason Of tie
prejudice cN.siiag against tha petitioners IN the
court, il tn jury and IN the panlic mind
in thc Parish of Orleans. and throughout
.hc state a most y.uaicatiyo prejudice cS-
ISIS in the lay-uaking and lawaGuini,terug
quthot.., in tie Sia;e a2 inst thom, and they be-
rcyc t'it they will he denied their Ii@hts rs citi
zen, before any jury that may be cmpan-
crcd in the State. They further aiIree
that tie jury law was passed. March
l3. 1877. and that in so far as Il provides
ior IL appointment Of jury commissioners and the
method Of clccting the jury, II was intended for
AMI operates in favor Of, white citiZ.nS and
ag.ii.st those of African descent, and that
urdcr it jury has been drawn Tor the
t.ia Of the petitioners the effect ana
intention Of the law being to exclude persons Of
African descent anlothcr Unprcju'c,l persons from
tie jury, and to substitute in their pac,S prejuiiced
whit, men, Justice Bradley says:
The application now made to Tie Circuit C0dfi, and
prcetntCd 10 me, raises these question::
Iirs'-Was lie mere prc-eiation of the pcton for
rrInOI al sufficient 10 arrest TIE iuifirton OF he state
Court, lad tEat Court hc ris to examine mo us SUI
SceoSiinIf the Ccnr; had the right to examine into
~ a.
fc ryt To CAaminc tc same. aud, II i'anu tHEcch
o ,,er "A writ oi crIi:oiii or other wr tor the removal
ct the ptoc,c ciiuis from "a" state Court ,.,.,
ImrUE-I the Circuit toui hao huth riSn', uiu ',e
petition Ia s lcacnt Sufficient ground ior Tehoy-
thiuk lie first and second questions must be an
s@elcd III lie affirmative. The sate c9mt surely
! i, rot bound to siut its eyes and y!'ll to every
.ppHr'ion t"t comes 10 ~, !HoT-n & ~ I'ino' d a.
Sc tnc Court must have right 10 sec whether tnc ap-
| p,at0u To remove comrs wiiiin thc meaning oI NE
/ law. have 10 o.uhi' E."'Ne'' tiiat .'o ,, tH,
cut Court; BY Ninue of ls SUPERIOR Ic,nli.., nE,t
i, entitled to assert its jurisdiction by proper pro-
! c'.s Gigccird 10 tie ,ta.c Court. think thtt
the circuit Court may .sus tithcr h",aS t6c HoFs M
/ fcrdant J. in custody not la custody for the
ia Gone ii viii he Tie dGtJ 81 tc STATE Con- ana lts
/ officers to ytld obcdcncs to such VIII, and
any further inhibition either by writ or oii.IW'sc:
should nave no hcs4iaiom tcfeoi,, To aluN % we WIZ WIZ
cercy o tie application Ihi3 .I!nSS o 10 'hH' qcs-
ton roc,,s ,o ,,r, cor,,lanca Of passed March 10.
1877, prescribing tbs mOGc oi selecting ana drawing
,,lS have c1r, fuy ,inaed IT. provision, and am
uuabe to see any itus mi open TO any t.lsiui oha
! objection. IT. provides for the appointment by
Tie iud cs Of the principal courts AZ NcW-Orcnns OF two
conni- siorcrs whose duty IL is made 10 sccet ia,
partially from the citizens of the parish qualified
! Ia vote the names az not less than 1000
good and competent men TO serve on Jurics.
! Thesc names are 20 be placed IN box
| and from thence " To be drawn the general panel
for each term. This the principal feature Of the law:
substantially the sninc methods "a in in several
other states The Commissioners IL Is true, may abuse
ter trust but 40 system bo devised that Will not
| b, liable to abuses. 49,
The allegations with regard TO the manipulation OF tho
Law IN such 10 secure jury inimicd TO the
petitioners and with regard To the existence OF genori
prejudice against them IN tho minds Of the Court the
| Jurors, the officials and the people are not within
| the puryew Of the statute authorizing removal.
| Tho XINth Amendment TO the Constitution, wnlcn
guarantees the equal benefit Of the laws on when the
present application based, only prohibits State cgsa