The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-10-09

1 Z sr4-i
| among lawyers, as 1T is claimed that
the supreme court has already held that
the action of deputy is the action Of
q principal. and in addition. II will raise
the question of the expediency of the
struck jury for the reason that the
sheriff himself is often out OF the city
on official and other business, which
would make the securing of struck
jury an impossibility under such cir
cumstances IL the custom heretofore in
effect of allowing deputy to procure
the venire is held to be Illegal. In
support of this view of the question,
it is argued that a sheriff's sale is re
Quently conducted by q deputy and is
| held to be legal proceeding, although
the law states that the sale must be
made by the sheriff. On the other hand
1t is claimed that the order of Judge
Brill will not effect the drawing Of a
struck jury as the law provides that
in case of the disqualification of the
sheriff. the court may appoint suit
able person to act in his stead
1t has been customary in Ramsey,
| since the enactment of the struck
jury law for the sheriff to delegate
all of the decisions which have
been made by turies of this kind
/ are the decisions of juries drawn by
deputy sheriffs. The order Of Judge
Brill, however will have no affect upon
verdicts of the past, but will undoubt-
edly be urged by attorneys in future
where struck juries are not drawn by
the sheriff in person as a cause for
quashing the .yenire and setting aside
the jury.
Following Is a portion of an extensive
memorandum in which Judge Brill dis
cusseS the order:
The facts in this regard are that the sheriff
did not in person participate in any Of the
proceedings for obtaining the struck Jury;
he was not present and made no selection Of
persons, everything in that behalf having been
done by deputy. 1t is claimed by the plaintiff
that the duties enjoined upon the sheriff by
the statute relating to struck juries must be
performed by him in person.
The statute relating to sheriffs provides that
the sheriff may appoint deputies, but there Is
no statutory provision which defines the gen.
eral powers or duties of such deputies. In the
absence of specific statutory provision the
deputy Of public officer may perform all the
ministerial duties of his principal. But he can
not perform any judicial duties which the law
casts on his superior.
Judge Brill then quotes a part of the
struck jury law and continues:
The struck jury is special jury to try
particular case. And the theory Of the legis-
lature in providing for struck juries ap-
better qualified to try the issues could be
secured by the means specially provided for
obtaining these special jurieS than from the
regular panel.
Naturally 1t would be expected that the duty
OF selecting the persons from whom such
jury was to be drawn, would be confined to q
person Of sound Judgment, of wide acQuaint-
ance In the community, and OF familiarity
with the qualifications of persons to act as
Jurors.
The ancient office Of sheriff Is one Of the
most important in the government.
The sheriff Is chosen by the electors Of the
county at large and his duties bring him
into close contact with the people Of his
bailiwick.
Naturally he becomes somewhat familiar
| with the procedure of the courts, and 1t is to
be expected that he will be man OF dis
erection and Judgment. For these reasons, 1t
is fair to infer that the legislature designed
the sheriff as the person who should perform
flcations. But If the duty is to be performed
by deputies, then there is no assurance, not
even presumption, that 1t will be performed
ny person ia, qualified for the work-and this
character or ability OF any deputy. The
deputy is not chosen by the electors, but is
appointed by the sheriff alone
He is not expected to possess the degree
OF discretion required of his superior; he
exercises his duties under the direction of
the sheriff; his work may be. and usually u.s.
pertaining to the Office of his principal
He may be, and often is, merely an office
man or bookkeeper. Now. the law quoted
above requires that the sheriff shall select
forty such persons as he shall think most
Indifferent between the parties and best quail
flied to try the issue. The language used
indicates quite clearly an intention to desig-
nate the person who is to perform this duty
The duty required OF the sheriff In this par
ticular is not ministerial duty; he isn't
liable for any mistake he may make In judg-
ment Of his selection.
The duty is quasi judicial, and 1t is duty
that he cannot delegate to another. The
parties are entitled to the discretion and
judgment OF the sheriff himself The law
evidently contemplates that the mind of the
sherin shall act. He must do the thinking,
and it cannot be done by deputy.
The further provision for the APP
pointment by the court "of some Judi
cious and disinterested person to act
when the sheriff is disqualified adds
strength to this view.
In other cases the coroner Is to act
where the sheriff Is disqualified to per-
form the duties pertaining to his office