The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-16
4 FOUR DIVISIONS.
- Hanford Rules That
They Are Separate.
/ GRAND JuRIEs ARE VALID.
Anourdity Of Judge Hofrman's Rul-
~ ehown-ElIis Bound over
usnmond's Trial - Notes.

- - nnestiou as to the validity Of indict-
q found by United States grand jurors
5ss .S.d ffom one Of the several divisions
- ~. Washington district, was decided
= <saav in the United States court by
~ - Hsnford in the ease of the United
- against Wan Lee.
.s5sz 3&t Friday United States District Judge
- 2ssn Of California, released George
y :. - u. a writ of habeas corpus, at San
- zsrixeo. Oh, the grounds that the indiet-
u <-s under which the arrest was made
III ~ hind BY grand jury empanneled in
q xssIon Of o district and not in the body
~ district, as provided by law.
1. 4 efron vas indicted in the northern di-
49,. -, of the Washington district for
- - -rvling opium, was admitted to bail in
q ~ s,m Of $50, and jumped his bail. He
u = - sahseuucntly arrested at San Fran
MT = -. Al requisition from the United
~ -, court of Washington, but went be-
g S1 Judfe Hoffman, of the United States
49, ~ Il that place, on a writ of habcas
~. y - and was released, as stated.
Yesterday the case of the United States
49, $3.50 Wan Lee, chinaman, for selling
zd hciItating the sale of struggled
sium. came up in the United States
~. Wan Lees counsel, Mr.. w. Fl.
Th;te. challenged the whole panel of the
~. 0u the grounds that it had not been
secfd according to law, because it had
z ~ a hern selected from the body Of the en-
4, district, but from only one division of
. n A,3lstlkk The court overThled the OBJ
tfon the Jury was empaneled and the
49,. 81 witness in the case called, when Mr..
yhite said:
We object to further proceedings in this.
! ans - on the grounds that there is no in
Htment in the case according to law,
"a % the further grounds that the grand
~ ~ that found the indictment was noe Sc
ided ffom the district, but only from one
xvsion Of the district
n He then read the part of the indictment
vhieh said that "the grand Jurors in aud
ps0 II he district of Washington" and called
! ae courts attention to the fact that it was
- in and for the northern division of
Washington"
a - NJ White also took the grounds that
&e Jury commissioner to select the jury
nnst be from the district, and not from
the 20 ~ four separate divisions of the district
Z. Hsesd from the United States statutes
teat creating the district of Washington
"a the act dividing it into four divisions,
"a argued that that act only applied to
dyil actions and that the constitution the
Unied States provides that in all criminal
gssdy trial by jury from the state or dis
d ppu1I III In which he lives, and that he is en-
49,. tAsd TO jury from the entire district. In
ader to prove that congress did not intend
bhaye the jury drawn from the various
!, ,.,,,s fyisions Of the district, Mr.. White read
aQisea d0m the act creating the eastern district
dArkansas, which specified that in each
Chile tvision of the district the jury should be
css1 srtrd from the division of that district,
nthe said in the act creating the four di-
~ skons Of the district of Washington, no
r.v,nS pch provision was made and none could
{ Ne amplied.
= $. Gs.rict Attorney Winston argued that
n ! TIE grand juro were TO be selected
tDm I'll over the district the act would
aock hss been worded differently and If any
~. =. one grand jury could inquire into offcnses
il e tom ali over the state what is to become
wc4 the other three grand julies? He
stained that the case in Arkansas is the
nne Is that in this state, and held that
!. congress- intended the law in this case to
h the same. He said:
The man who drew up the bill Great
ing these four divisions used the wordT
district and division INTERCHANGEABLE,
hence 1t was intended TO separate the
siate into four divisions which are prac-
tcaly four districts, with one Judge and
attorney. There is no sense in the law
Unless 1t is to be construed as we have
construed it, and there is nothing in the
Subdivision Of the district if the grand
jurors have to be called from all over
the district"
Assistant Attorney Sullivan said: "If
the construction of the law as put by Mr..
Wmte Is correct, it CONFLICTS with the con-
m'ution OF the United States, which
II tn
criire, speedy trial and the right to
know where his trial is to be held. If this
nright he can be tried in any division in
he state, bat criminal is entitled by the
constitution TO trial by the electors of
asown division and not from any other
divisionn
ne canned that the words district
oort IN their application to this court,
sS generic term, and that the four
u,sisohs were practically four districts.
An runhg upon this question Judge
A.aioru SAID: by the act of congress
sAng the times and places of holding the
onilea States courts in the state of Wash
as'on 18th United States Statute, page 45)
VIC STATE Is declared to constitute one Judi
.A district For the purpose of holding
wins Oh court this district is sub-divided
aso iour divisions. Certain named coun-
a. 4'seieute TIE northern DIVISION so
senomlnated in the act, and the courts
~ S'a division are TO hold their terms at
saue II is perfectly apparent on the
Of the act that its only object is to
lug the seat of justice near TO the people.
haus'rict so large as this il would be a
VI soas burden upon the people to require
Jurors and witnesses TO leave
Al 80 homes and occupations and travel to
Nj Nnote place in the state to attend the
WI. as would be necessary in numerous
Ahces, If but one place in the state
W provided for the sitting of the court.
:. - Naiese the people from this burden the
= ~ ~ssas passed, and the only possible con-
aeaon that can be gwen TO it
As sae one that limits the jurisdiction of
"a ,as; 1af, when holding a term Ia the terri
~ ss- si limits of the division for which that
49,, Nh = provided. And by necessary inn
EEssss.on, the grand jury summoned to at
III trs x ssh term is n grand jury of the dis
Nss.l mat division in and for which
dr.ss!n Il held, Just as the grand jury is
. a aTihated In this indictment.
N t,,s ss court can only bring to trial at any
g. PERSONS accused of committing Of
49, within the division, and the jurors,
= ssssa and petit, should, to accomplish the
M vse OF this act, be summoned only
r, ~ shaf part of the district. This con-
hsse s sea Is IN harmony with the proyis-