The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-10-11
mn LAST ExPEDITST,
Taylor slFaudeTAs Case to be Argued Ne.
lore the United States sHpTeme Court,
Next Tuesday, when The Suspense OF
Years OfImpFisoment will be Ended.

tore tnN gmlttu hluttA bupfttne Sourts
Next Tuesday, when the .s1spense OF
Years OF ImpFisomeh Will be Ended.
The fact that The case Of Taylor sIau.
der will DO argued before The Supreme
Court Of the United States, sitting In
Washington, on Tuesday next, has again
revived the interest heretofore taken In
the constitutional questions raised at his
trial, and once moro brings him before the
public. Tho case Is deemed by some Of
the highest legal authorities in the conn.
try as the most important ono ever before
the Supreme Court Of the United States,
involving the rights Of citizens, and more
especially the rights Of colored citizens.
This history Of this important case as
been frequently presented, by us, to cur
readers, but tho interest taken in the case
iustiiles us in again publishing the facts
connected herewith, On the 10th day Of
May, 1879, Taylor Strauder Ia eOlOred per.
sony was indicted In the Circuit Court OF
Ohio county for the murder Of Anna
slrauder, his wife, ancgTess, upon which
indictment he was tried and con.
vlCted and sentenced to b. hanged,
His attorneys, however, carried his case
to the Supreme Court Of this State and
succeeded In obtaining for him new
trial.
A new trial Of his cause was had In tho
Circuit Court Of Ohio county, at which
trial ho petitloned the court 10 remove his
cause To- the Circuit Court Of the United
StAtesiOF trial therein, which petition was
In substance as follows: That he cannot
have the full and equal benefit Of laws
and proceedings In the State OF West Wiz.
ginia, as are enjoyed by while citizens,
and that he has less chance OF enforcing
his rights IN the State Of West Virginia, as
citizen Of the United States, on the pros.
eCution then pending against him, and
that the probability Of denial oil them to
him rs such citizen on every trial which
might take place In said court, were more
enhanced than II he were q white man.
The Circuit Court refused the petition
Of the prisoner and denied his right to
have his cause removed to the Circuit
Court Of the United States, and compelled
the prisoner 10 proceed to trial In the
State Court, wherein he was, on the 9th
day Of january, 1875, again convicted and
sentenced to be executed by the Sheriff
Of Ohio County on the 10Th day Of March,
1876. His counsel again took his case 10
the Supreme Court Of the State, and on
the l7th day Of November, 1871, that
Court affirmed the judgment OF tho Circuit
Court and ordered the case 10 be returned
10 that Court for resentence Of the pris.
oner II Is from this decision Of the Su.
preme Court OF this State he has appealed
TO the highest Court In the land as to
whether or not, under the laws Of this
State, he has had all the rights and privi.
leges accorded him by the Fourteenth
Amendment 10 the Constitution Of the
United States and the Acts Of Congress
passed in pursuance TO that amendment.
Section 1917 Of the Revised Statutes Of
the United States Is as follows: AL perSORS
within the Jurisdiction ofthe United States,
shall have the same right In every State
and Territory, to make and enforce con.
tracts, to sue, be parties TO suits, give evi.
dence,An TO tho full and equal benefit Of all
laws and proceedings for the security Of
persons and property as enjoyed by white
citizens, and shall be subject to like pains,
penalties, taxes, license aud exaCtiOns Of
every kind, and 10 no other.
Section /, ofchapter AZ OF the Acts Of the
Legislature OF West Virginia OF 1928,
commonly known as the Jury Law, pro.
vides that, "all irhils male persons who are
81 years Of age and not over 10, and who
arecitizens Of this State, shall be liable to
serve as jurors, except as hereafter pro.
vided."
The exception mentioned in that sec.
ton being the exemption Of State officers,
attorneys, physicians and military men
from jury service.
Counsel for Strau1er claim that that the
provisions OF the above Jury law, bywhiCh
irhiie men only can serve as Jurors, are
in direct conflict with the Fourteenth
Amendment TO the Constitution, and de.
pens to have black skin, the equal rights
to all laws to which white man Is emit.
tied, and which rights are guaranteed to
all citizens, irrespective Of color, by the
Fourteenth Amendment.
II Is commended that 1t Is not enough to
say that the negro is our peer and then
deprive him, by reason OF his color, from
all that protects him. The right to have
his cause tried by his fellows, or under a
law that does not discriminate against
him, Is a greater protection to his rights
and liberty than the right to hold office.
Strauder will be represented before the
Supreme Court OF the United States by
Messrs. Davenport & Dovener, who have
so indeiatigably fought his case in the
State Courts for the last seven years, rs.
sisted by the Attorney General OF the
United States aud Hon. ". Willoughby,
late Judge Of the Supreme Court Of Viz.
ginia,
The State Of West Virginia will be rep.
resented by Attorney General Robert
White and probably the Attorney Gener-
al Of Virginia, who will represent Viz.
GINA in the celebrated Reeves case, q case
similar to Strauder's case, which will also
be argued at this term OF the Court. BY
the act Of Congress, approved March l.,
1875, no citizen shall be disqualified from
service Of grand or petit juror by reason OF
race, color or previous condition OF seryi.
tude, provided he possesses all other quail
tcations prescribed by law.
The Congress that passed this act was
in session at the time Strauder was con.
victel.
Under this act We cannot conceive how
q Colored man can be legally convicted OF
any crime or offence in any court Of this
State, his race being disqualified under
the State law Of West Virginia from Jury
service, The final decision OF this case
will be anxiously looked for by the pub.
lie, and should the decision Of the Su,
preme Court oithis State DO reversed every
Colored man in the State will have the
right to remove his cause to the Circuit
Court Of the United States, until the Leg.
islature shall change the jury law In
conlormity.with such decision.
Lengthy briefs have been filed in the
cause by Attorney General White and
Messrs. Davenport and DOvener.