Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-04-28
RNtfiHS Fad Law inso . SuAxs's
Month.

The Morning Meas says that Mr.. Cor
nslas J. ball, having been drawn I'D a
juror in the Kent County Courts, willis
acting al juror in the United States
Court, ~ this city, consulted Judge
Bradford az TO bis duty in the dilemma,
when he was promptly reminded that
''his first duty WA to the Authorization
with big N-and that the grand jury
"of Kent would have to do the very best
SIT could without him.
II the youth who wrote this paragraph,
which is one Of the sort supposed on
5hipley street TO be smart, will consult
Judge Bradford We think his self-eompla-
cency will ~. somewhat wiltsd by the
Judges comments since IL is not likely,
and scarcely possible that any lawyer,
much lees any judge would give such an
answer to such question.
There is no question OF superior juris-
diction in the matter. The gentleman in
question when drawn as a Juror for Kent
county was already serving a. juror in
the United States Court. OF course he
could not he compelled 70 drop the ser
vice in which he was already engaged and
act as juror in Kent, the demand ON
man for jury service not being Of such an
exigent nature Us TO force him 10 drop one
important employment 10 do jury duty.
Ii he were an officer, or a soldier in the
army of the United States, if he were
serving this State in some capacity as
public officer, if he we're away from home,
or being home were too sick for service,
he would be excused on the proper pre-
sentation Of such facts TO the court, and
hence all that would have TO be done in
this particular cas-. would be for him in
person or by proxy TO show the court in
Kent county that he was serving as a
| Juror in the United States Court IN Will
| mington To secure him exemption from
the duty assigned him in Kent.
| II, on the other hand, he had hap
pened 70 b. already serving as juror in
| Kent when summoned to act al Juror in
the United States Court, the fact that he
was engaged in such a public duty in
Kent would be an equally good and
sufficient excuse for his failure 10 act as
a juror at tho latter court in Wilmington.
That is 10 say, there is no superiority Of
| f,rfadt.,tin, al. h. A
cannot be two places at once, II he il
serving at the United States Court in
Wilmington he cannot serve in Kent, not
because Of any superior claim the United
states has upon him, but because he ID
already in its service at place which
renders it impractcable for him TO be al
Dover, aud on the other hand, had he
been serving his own county in the same
capacity he could not have served IN
Wilmington, not because the State had
any superior claim TO his service, but
because it already had him in its servic.
in Wilmington impossible, The plaua
ton is simply the ordinary one Of priority
Of engagement and there is no great con;
s.itutioual principle of the superiority .
a nation with q big y underlying it.
1t is really amusing to see the sort Q
almost auperstitious reverence with whici
papers of the .Seus order regard every
thing which III any way can claim til
most indirect authority from the Fedora
Government, and their reverence in fac
extends 10 the bg y with which the,
a | spell nation, ~ that it Is u wonder tina
A thoy do not make il b sort OF sacred sym
O bol and scatter it as an ornament owe
+ everything as the Bonaparte's BIS wer
i scattered in France during the reign I
! Napoleon the Little. This il dilere1i
4 matter, however, from drawing from til
: inner CONSCIOUSNESS Of = newspaper ma
t false statements oi Law, and attribntin
i. them 10 judge on the bench. This lu'
It ter is unfair 10 the ludg-. -..-