, 1891-01-24

CIVIL, political and religious rights and
privileges, and section 8 provides that as
the equal enjoyment OF natural and civil
rights is only made sure through political
equality, the laws Of this state affecting
the political rights and privileges shall be
without distinction of race. color, sex, or
any Circumstance or condition whatsoever,
other than individual Incompetency or
unworthness. The provisions OF section
l of chapter At of the Session Laws of
1888. relating to %juries, limit the drawing
of jurors to the male sex. and the defend
ant contends that the female citizens of
the state are thereby Disseminated against
and by statute preeluded from acting as
jurors. He contends that under the
Declaration of Rights in the constitution
of Wyoming it is not only the right of a
woman to be entitled to serve as a Juror,
but is the right of a person charged with
crime to demaud that no statute shall DIS
criminals against female citizens of the
state and limit the drawing of jurors to
the male citizens. The defendant does
not contend that he is entitled to have a
jury made NJ patty of men and partly of
women but that under the statute BY
which the jury which tried him was
drawn females were precluded and the
declaration of rights in the Wyoming con-
stitution was therefore violated. The
court has overruled this petition and
McKinneY's counsel will take the case to
the United States circuit court.
Another question raised is the challenge
to the array of the jury. The petit Jury
was drawn BY the county commissioners,
tue clerk of the district court and two JUS
tees of the peace as provided for by the
law of 1888, but on the converting of
court the district judge discharged the
petit jury upon Its own motion, contend
ing that under section &c of article 5 of
the constitution, which provides that un-
Ill the Legislature provides By law for fix
ing the terms of coat the Judges of the
supreme and district courts shall fix the
terms thereof, the jury was not
legally drawn. The counsel for McKin-
ney contend that this clause of the consti-
tuition was imperative at the time for the
reason that a statute provided and fixed
the times and terms of court and that the
discharge Of the Jury drawn by the com
~missioners, clerk of the district court and
justices OF the peace was illegal. That
the summoning of a jury by the
court by issuing an open yeuire
directing the sheriff to select 4 petit Jury
from the body OF the county was in
violation Of the 18th Amendment tn the
Constitution of the United States which
provides hat no person shall be deprived
of life, liberty or property without due
process of law. The defendent contends
that there Is no law OF Wyoming which
provides that IN open venire can be
issued to summon from the body OF the
county petit jurors until the regular panel
has been exhausted either for cause,
p%remptory challenges or by being excused
by the court for sickness or disquali.
f~cation. This also raises a federal question
which entities the defendant to resort by
petition IN error to the supreme court of
the United States.
The settlement OF these questions has
an important bearing upon future legal
proceedings in the state and the d~eslsion
of the supreme court will be watched for
with intense interest. 1t is the intention
of Mr.. Raynor, the counsel Cor the de-
PENDANTS to take the cases to the supreme
court at once and as all of the proceedings
will be upon writs nfhaheas eorpas speedy
decisions will be obtained.