Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-10-29
TAYLOR sTRAUDER VS. THE STATE
OF WEST VIRGINIA.

OF WEST VIRGINIA.
This case, which is now awaiting de-
cision by the Supreme Court OF the
United States, involves issues OF Ma
tional Importance. 1t is destined TO
make not only an important chapter in
national jurisprudence, but possibly in
national politics.
The important question to be deter
mined is whether a State has any indl-
viduality in the matter OF legislation
which Congress is bound to respect;
whether it shall havethe right to the adj
ministration Of law, not in conflict with
the Federal Constitution, by such
methods and the use OF such ma
chinery as it may choose 10 devise;
whether there are any privileges ana
immunities belonging to the citizen oil
the State, as such, which are not DEEPEN
dent upon citizenship of the United
States and which the State may not con-
troll or abridge at its pleasure; whether,
in fine, a citizen of the State, who has
violated the law OF the State, and has
been tried by a jury OF the State, formed
under the laws OF the State, and found
guilty, shall be allowed to escape the
penalty which the State law inhicts, by
a resort 10 the United States Courts, not
by way OF appeal, but through trial de
moro.
The State of West Virginia has seen
proper to prescribe the materialot which
iuries in her courts shall be constituted.
That is to say: "All rhite male citi-
zens who are twenty-one years OF
age and not over sixty, and who are
citizens OF this State, shall be liable to
serve as Jurors" with certain exceptions
named in the statute.
Under jury so constituted, TAYLOR
SrRAUDER was tried and convicted OF
the murder OF his wife. He asked, after
conviction, Tor removal OF his case to
the United States Court for new trial,
on the ground, chiefly, that he is entitled
under the laws of the United States to a
trial by jury composed, at least in part,
of persons OF his own color, which IN
the trial in our State court he did not
have, and cannot have under the laws
OF West Virginia.
II is claimed by the plaintiff in error,
that the laws passed by Congress in per
suance OF the thirteenth and fourteenth
amendments, which are part OF what is
Familiarity known as the reconstruction
measures, or civil-rights bill, give STRAU-
DER the right to a jury OF his own color,
and deprive the State court Of jurisdic-
ton.
On the other hand, il is claimed by
the State of West Virginia, Defendant
in error, that the amendments to the
Constitution confer no power on Con-
gress to pass such laws, and were not
intended to protect the citizens OF the
State against even unjust legislation by
their own State; that the authority OF
the State over its citizens in such mat
tiers is supreme and cannot be interiered
with; that the State has a right to make
Determinations as to citizens who shall
participate in the administration OF her
laws as are not inhibited by the federal
constitution; that the amendments do
not prohibit any discrimination, except
in the matter OF voting; that all States
discriminate between their citizens in
constituting their juries, by excluding
infants, women and unnaturalized for
eigners; and that negroes are not sub
| iected to any greater punishment or in
vidious discrimination by being eNcIud-
ell from iuries than are women and for
eigners.
These and many other arguments are
urged pro and con upon the issues OF the
case. We had intended giving some
what full synopsis OF the arguments
made in the case, as well as a more
complete presentation OF the issues In
volved, but have been compelled, for
want Of space, to contine it to a very
imperfect outline. We hope, however
it will be sufficient to give our readers a
view of the case as presented and the
importance OF the issues involved.
The case was ably argued by eminent
counsel on both sideS-for the plaintiff
bv Acknowledgement DEvENS, GEO. O.
Davenport, OF this city and Judge VII.
LoUGHBY, OF Washington, and Tor the
State, by Attorney-General WHITE, and
JAS. W. GREEN, OF Washington. The
decision of the Court will be awaited
with considerable interest by the whole
country.