The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-04-08
Eight Men Sufficient to Try Grim
inal Cases.
SUPREME COURT DECIDES
UTAH JURY LAW Is UNANI-
MoUsLY UPHELD.
Not In Violation of the Federal or
Utah Constitution-James Mckee
Sent Up From Vernal, Must Serve
His Sentence-Due Process of Law
Defined.

The supreme court Of Utah. in an
opinion written by Justice Miner and
concurred in by Chief Justice Bartch
and Justice BaslLin, yesterday declared
that jury of eight men empaneled to
try a person charged with crime, less
than a capital offense against the laws
If Utah is a valid jury and a convic-
ton thereby is a valid act, in so far as
the number constituting such jury
is concerned, and, moreover, is in con-
formity with the constitution or the
state and not repugnant to the Dro-
visions of the fourteenth amendment
to the constitution of the United States.
The question came before the su-
preme court on an application of James
Mckee for a writ of habeas corpus
The petition alleged that his conVlctlon
by a Jury of eight in the district court
of Uintah county on Aug. 10, 1897, on
the charge of grand larceny, and Inc
sentence by Judge Dusenberry to
term of six years imprisonment in the
state prison, were not by due process
of law. Further, that the trial before
Jury of eight WAS in contraVentlon Oh
The United States, and also OF the state
constitution. The petition also set up
as a reason why his release from PRISON
should be ordered, that the trial was
eral constitution, which. the petitioner
claimed, forbids any state to proVloe
for q trial by less number of iUro''S
than twelve.
THE COURTS OPINION.
Getting down to the real point in Is
sue, the court states the question: can
a state provide in its constitution Tor
the trial of persons charged with a
criminal offense less than capital, by
Jury composed of less than twelve clti-
zens. and will such trial and CONVICTION
be by due process Of law within the
meaning OF the fourteenth amend
men?
Answering the query, the opinion
cites numerous authorities. and states:
1.-THE fourteenth amendment is
distinct restriction on the states ana
their courts, and the fifth and four
teenth amendments have reciprocal
prohibitions, and so far as concerns TINS
case. are in the same words. But IN
another provision the constitution
prescribes a common law jury in fed
eral courts. Nc such provision exists
in regard TO state courts. The tcllr-
teenth amendment is comparatively
recent, and its history, and the evils
existing or anticipated which 1t was
intended to remedy or prevent, are wen
known 1t was intended, at least incl
dentally to more definitely define
the relation of the several states TO the
general government. and especially TO
define the rights of citizens Of the Unit
ed States within the several states, and
the right of all persons in each s-'ta
to equal protection under it's laws.
Section 1, therefore, declares that
citizens of the United States are ciu-
zens of the state in which they reside.
and that no state shall by law abr;dge
their privileges and immunitieS as cil-
zens, or deprive any person of life, I'D
- erty or property without due process OF
law, or deny to any person within is
jurisdiction the equal protection OF the
laws. The whole section clearly shows
that equal rights, immunities and pro
lection in each state. in accordance
with its laws, are declared to legislate
for the state, or define what its laws
shall be. or how its courts shall be
composed. or what their process of pre-
ceedings shall be- These the state can
not justly yield without destroying its
autonomy. The existence of the several
states, with constitutions and laws, and
courts TO administer the laws is aSSur-
ed; but, equal rights of citizenship, and
equal personal rights of all persons af-
fected by the administration of the
laws are the only things commanded.
WHAT DUE PROCESS OF LAW IS.
There are many cases, as we have
seen, in which there are comments Of
the words, Due process Of law but no
case has been referred to in which they
have been held TO mean more than the
process which is due alike to all per
sons in the administration of the law
to which they are subject. They forbid
the arbitrary punishment of any man
on account of race, color, religious or
political opinions, or on suspicion or
without trial in the due course pre-
Scribed by the laws for all persons ac-
cused.
THE fourteenth amendment was not
designed to confine the states to a par
ticular mode of procedure in judicial
proceedings. II does not mean nor has
it the effect to limit the power of state
governments in the prosecution of Grim
inals to any particular mode Of proceed
ure in the selection Of its juror or
manner Of conducting its trials, but did
require that such trials shah be con-
Quoted in the due course of the admin
istration Of justice, according to the
prescribed forms and judicial procedure
of the state for the protection of the
individual rights and liberties of its
citizens. That which the common law
tolerated might be regarded as due pro-
cess Of law, but methods and procedure
which were unknown to the common
law cannot be discarded If they are con-
sistent with the cardinal principles and
groundwork which are necessary to the
administration OF justice, in the several
states"
THE WRIT DENIED.
The decision denying the writ of ha-
beas corpus concludes with this dec
laration:
We therefore hold that the proceed
iTss by which the petitioner was tried
and convicted weTc legal proceedings.
11lnrinr. q valid law of the 81 ate ernfnrcad