The Portland daily press., 1886-02-16
AN IMPORTANT CASE
Which Strikes at the Fundamental
Principles of United States Courts.

A case Of considerable interest was yester-
day raised in the United States district court
in the case of the United States VS.. Miranda
A. Richardson, indicted by the grand jury at
this term for presenting fraudulent pension
claim to the United States pension agent at
Augusta.
Counsel for defendant fled three special
pleas to the competency of the grand jury to
act, claiming in the first that the grand jurors
should have been drawn from box contain
ing not less than three hundred names placed
therein by the clerk of the court and by a
jury commissioner appointed by the court in
accordance with the act of June Both, 1879.
The second plea alleged that two of the
jurors were not drawn by a person authorized
by law to act in the premises, and set out an
order of the court TO the marshal and writ
of cenire .facias directed to a constable, who
served the same, the jurors being drawn ae-
cording to usage in the State.
The third plea alleged that the ceIsire upon
which two grand jurors were drawn was
not served by any officer authorized by law
to serve the same and set out the centre
which was served by town constable.
The counsel for defendant claimed that
section So3 of the United States Revised
Statutes limited the right to serve writs of
Uenire .fociaS to the United States marshal or
his deputy, or some person specially appoint
ed and sworn by the court, when said officers
were incompetent to act.
In the afternoon the court Judge Webb,
having examined the questions raised by
counsel for the defendant, spoke as follows:
| have looked at the nature of the question
which was raised, and am myself prepared to rule
upon the pleadings whenever the issue is framed.
This, the District Attorney tells me, is matter
that has come upon him somewhat newly and I'M
expectedly, and that he has not yet had the time
to perfect his replication with the care he desires
and as the question is one which is OF the highest
public and general interest, it should be met and
decided upon its merits and substance, and not
upon any incidental naccuracy of pleading,
which either party may fall into by haste in pre-
pairing their papers
The question raised is fundamental, it goes not
only to this particular district court but to all the
courts of the district and, so far as am informed,
to several other districts In the circuit, both in
| civil and criminal causes.
If should rule upon the questions, the ruling
of single judge, and that of a Judge of the low
est court in the system of the country would not
| be satisfactory Whichever way the ruling may
be- it is not question that ought longer to be left
| with any part OF doubt about it. and it will be
| somewhat troublesome, perceive that the re-
spOndentS in this would be obliged to discuss
this question upon writ of error which might or
might not be allowable, it being in the discretion
| of the circuit judge.
have, therefore, concluded to avail myself of
the power set down in Section 1898 of the Revised
| Statutes.
Therefore, l propose to order admission of this
case to the Circuit Court that these questions of
| large import may be settled by the action of my
| superiors shall endeavor to have it heard by
the circuit judge and circuit justice, so that the
highest judges of the circuit shall establish the
rule, but at any rate that two justices shall sit in
| the decision of the question.
Twill not enter the order at this moment, but
allow both parties ample time before it is actually
entered to prepare and correct their pleadings
with any degree of elaboration they choose, OF
| course expecting them to complete the papers SO
that the order for RENTING may be passed in sea-
son to have it go into the April term of the circuit
court; and as this question Is one which affects
all questions which may come before the jury at
this term, shall dismiss them for the present and
without any further proceedings before the jury
upon the business now pending, till this question
will be required to recognize for their appearance
| at the next term of court. If any recognize for
their appearance from day to day they can con-
tinue under their present recogniZance until the
final adjournment of the court, which will not be
till the last Of May, probably. 1t is understood,
therefore, that this particular case and its asSo.
cate, if need be, will be ordered to be remitted to
the circuit court to be heldiu this district in April
next.
The District Attorney, Hon. George E.
Bird, appeared for the government, and Hon.
W. F. Lunt, Messrs. W. NJ. Bradley and D.
A. Meaher for defendants.