The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-10-09
Jury bets Declared Unconstitutional.
Iudge Gary Renders Very I'M
portant Decision.

The constitutionality of the jury laws
of the State has been questioned, ano
a decree from Judge Ernest Gary de-
clares that in his opinion the acts OF
1900 and of 1901 relating to the draw
inc of iuries are in contraventlon OF
article 3, section 81 of the constitution
OF 1885. The case will be carried to
the supreme court, and, if Judge Gary
is sustained, the legislature will be
forced to pass a new law.
Especial legislation" is the ground
upon which the acts were declared IN
constitutional. The constitution speci
fcally forbids the legislature to pass
special laws relating to certain sub
5ects, and in the case Of county Off
GERS salaries. etc., the courts have al
ready decreed that the legislature had
enacted special legislation for the
several counties. The decree of Judge
Gary in the case of the jury laws is
calculated to direct the attention of
the law makers to the necessity OF
avoiding this danger.
The fight upon the constitutionality
of the law was made by Senator W. n.
Graydon. of Abbeville. He was coun-
sci for the defense in the case OF the
State against Wilson, in Cherokee
County. Wilson was charged with
nanrder, and the case was the first on
the docket when the court was opened
at Gafney last Monday. Senator Gray
don moved to quash the Indictment on
the ground that the jury had not been
properly drawn.
He declared that the law under
which this jury was drawn IS IN viola
ton of article 8, section 81 of the con-
sitution. This article states: The
general assembly of this State shall
not enact local or special laws concern
ing any of the following subjects, or
for any of the following purposes, to
Wit: Then are enumerated thirteen
subjects for which special legislation
cannot be enacted, and among these is
to summon and empanel grand and
petit iuries'' and in al cases where
a general law can be made applicable,
no special law shall be enacted. -
Judge Gary sustained the contention
made by Senator Graydon, and the
Indictment was quashed. This prac-
tically nuIlifed the validity Of all
juries drawn in that county for this
term Of court, although several cases
were heard by consent of both sides
that no objection to the. validity of
the iuries would be made. Solicitor
Henry gave notice that he would take
the Wilson case to the supreme court.
Senator Graydon was in the city last
night. He said that the reason the
jury act of 1900 is SPECIAL legislation is
because it permits one county to have
one way of drawing a jury, and an
adjoining county might have an entire
,ly different way. Charleston has sys-
ten Of its own. In some counties the
iurT commissioners draw the jurors,
and in other counties the county COM
nissioners are empowered to do this.
Not only is it unconstitutional, but it
is wrong, states Senator Graydon, for
The reason that in cases of change OF
venue. or in cases where party has
property interests in several counties
s5he different methods OF drawing
jRries are confusing and perhaps do
not guarantee the same rights and
offer the same protection. 1t is con-
.fusing to the judges themselves to have
different provisions for the several
counties. Senator Graydon says he
can see why there might have been
some excuse for. trying to make the
salaries of county officers conform to
the necessities and resources Of a
county, bat there seems to be no rea-
son why there should not be a general
Jury Law, and but one.
The act Of 1901 merely validates the
5uries drawn under the act Of 1900.
Senator Graydon contends that while
the latter act may validate the former
statute so far as inaccuracies are con-
cerned. it cannot make the jury law
constitutional.
It is said that this question was
broaehed earlier in the year, and that
the trial Judge stated that he himself
doubted the validity of the acts in
question but that he would not at
that time assume the responsibility of
passing upon SO grave matter, for it
might affect and even interfere with
trials by jury in every county IN the
State for the rest of the year.
The following subdivision is the
one over which the fight will probably
be made
XII. The general assembly shall
forthwith enact general laws concern
ING said subjects for said purposes,
which SHALL be uniform in their opera
hoRs: Provided, That nothing con
tanned in this section shall prohibit
the general assembly from enacting
special provisions in general laws. .
The State, Oct. 4.
-u->-oo