Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-03-09


Of Haboss Corpus.
Mr. Justice Fields dissenting.
| dissent from the Judgement OF the
court in this case, aud from the reasons
by which It Is supported, aud will
state the grounds OF my dissent
In Virginia, all male citizens between
the ages Of twenty .One and sixty, who
arr entitled 10 vote aud hold office un.
der the Constitution and laws OF the
State, arc liable, with certain excep.
tons not material 10 DO hero mention.
ed, 10 serve as Jurors. The Judge OF
each county OF corporation court rs re-
quired TO prepare annually a list OF such
inhabitants OF the county OF corpora
ton, not lcss than one hundred, nor
exceeding three hundred in number,
"as lac shall think well qualified to
serve Us jurors, being persons OF sound
judgement and free ir0m legal oxcrp'
ton" The name Of each person on the
list thus prcrarcd il to be- written on u
separate ballot aud placed ia box TO
be- kept by the clerk Of the court
From this box the names OF persons to
be- summoned as grand aud petit jurors
Of the county are To- he drawn,
The law in thus providing for the
preparation 81 the list ui persons, from
whom the jurors are 10 bo taken. makes
no Discrimination against persons IN no
colorcd race The Judge ui tho county
ur corporation court IL restricted in his
action only 10y the condition, that the
persons selected shall, IN his opinion, be-
"wcll qualified To serve w jurors, bo
"of sound Judgement and "lrco from
legal exception" Whether they pos
scss lhcs, qualifications, IL left 10 his
determination, and M shall attempt
hereafter TO show, ior the
MANNER IN winch nE DISCHARGES RUS
Duty,
ho is responsible only 10 the state,
whose officer he is and whose law lac Is
bound To enforce.
The petitioner, i. H. Coles, ~ tho
Judge OF the County Court OF the coun-
IS Of rltsylvuuia. in Virginia, aud has
held that office ioI some years. II ~
not pretended that, in the discharge Of
his judicial duties hr hns ever selected
~ jurors persons who were not quallll.
cd tu serve ia that character, or who
were not OF sound judgement, or who
were not free from legal exception. II
~ not oven suggested in argument, that
lac has not ut all times faithfully ohoyri
4 II a.. Nf.,f lao lua HRRn
indicted IN the District Court OF tho
United States Tor tho Western nislricl
81 Virginia Tor having, on some undes,
ignatcd day IN the year 1873, excluded
und failed iO select ~ grand aud petit
jurors citizens 81 the county on account
of race color and previous condition ui
arryltudc. Tho indictment does not
state who those citizens were or Nct
forth any particulars ot the offence, bat
charges IL in the general words ul u Diet
tuition The District Court, ncycrtho-
lrss. issued bcuCh-wufTaut, upon
which the Judge Was arrested, aud, re-
fusiug 10 give bail, he is held ia custody
10 answer thc Indictment lie there
lore petitions for ccHiOrdr, TO that
court To- send up the record Of lts pro-
it''llllkN WI 'lll 'AAllllAAAN'llt hlAA W. y
hdb,ls corpus, alleging that
IN ACTION WAS WITHOUT JURISDICTION,
and that his imprisonment Hereunder
is unlawful. and he prays to bc released
thCrcirotu.
The Commonwealth Of Virginia has
also presented a similar petition, de,
,arlng that she Is injured hy being dr.
priyod 81 the services Ut her judicial
officer 10y hls unlawful arrest aud i'm.
prlsonmcnL
Ii tho District Court had no jurislic.
ton. ~ alleged OF the matters charged
against the county Judges, II they con.
siitutc no public offence for which lie
could BE- held, his arrest aud lmprlsDur
mcnt upon process issued upon the in
dlc,mcni. we're unlawful, and las pcti
liou should hc granted.
Ii has been settled 10y this court, mp
on full examination, and after some con-
nici Of opinion among it, members,
that the writ Of hdbogs corpus Is mode
provided ipr the exercise OF lts appellate
jurisdiction whenever. 10y any uu-
authorized action Of an inferior tylhu'
nal whether II be by It's order, decree,
or process. citizen IN restrained ui his
personal liberty, aud that u critic drl
will issue, lu connection with the writ,
to bring up the record OF the Inferior
tribunal Tor examination. In such cas-
IS this Court will
LOOK INTO TuE RECORD
[, determine. not whether the inferior
tribunal has erred IN ~ action, but
whether il has exceeded It's jurislic'
ton ia the imprisonment 81 the pcti-
toner ~ L. part, Icrgcr, $ Wall, 81
or Jurir l.angC, Is Ibid, 100
The indictment is founded upon tue
fourth section Of the act ot Congrcrsl OF
March LIST, 1875, 't6 protect all citizens
in their civil and legal rights" which
declares; That no citizen possessing
al other qualifications, which are or
may bc prescribed 10y Law, shall be dis.
qualified Tor service o. grand or petit
Juror in any court OF the United States
or oi any State. on account ui race. col
or, OF previous condition II -cfyitudc;
and any officer or other person charged
with any duty in the selection or sum
muuing oi Jurors, VINO shall exclude OF
lAll 20 hAlNhlhh ANN tlitNH WI wv = aus
Aforesaid, shall. on conviction thereof
Ice deemed guilty Oi a misiemcAnOr,
and b. incl not more than five ihous-
and dollars
In whal have to say. shall endeay-
or 70 show that tho District Court, In is
suing its process for the arrest Of the lie
PENDANT. and in imprisoning him. eI.
ccctvd IT, jurisdiction. lst, because, as
sumug tina, tie act OF 1875 II cOnsliu.
iluual and valid legislation, the inlict'
mcni describes no offence under L. bat
Is void ON rs face. and. 81, because the
act. ia the section cited, ~ lar - u re
lAles 10 jurors in the State courts. IL
UNCONSTITUTIONAL AXp VOID.
The indictment merely repeats the
general language o. tie statute. IL
AYERS that the defendant, being Judge II
PisylyaniA county and an officer
changed by law with thS selection 81 iur-
ots 10 serve IN the oircult and county
courts OF the county, excluded AMI tii.
sd % select ~ Juror, on account ID
race. coler. aud previous coalition Of
sctyiiuie. certain cits-ns II the county
possessing all other qualifications pre-
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