The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1901-10-09
NEW JURY ACTS
Declared Unconstitutional by
Judge 0ary An
IMPORTANT DEcls!cN.
A Matter That Supreme Court
Will Have to Pass Upon.
Point Raised by Sena.
ter 0raydcn.
ter 0raydcn.

ter 0raydon.
The State says the constitutionality
Of the jury laws Of the State has been
questi ned, and deere from Judge
Ernest Gary declares that in his opin-
ion the acts Of 1900 aao Of 1901 relat-
ing to the drawing Of iuries are in con-
trsvention CT article 3 section 81 Of
the constitution Of 1895. The case
will bs carried to the supreme court,
and if Judge Gary is sustained. the
legislature will be forced to pass new
law.
"Soec;sl legislation" is the ground
upon which the acts we're declared un-
constitutional. The constitution speci.
fcalls forbiis the Legislature to pass
spsoial lsss relating to certain sub,
jscis, and in the case Of county o&sers'
salaries, etc., the courts have already
dscreed that the legislature had en-
acted special legielation for the several
counties. The decree Of Judge Gary
in the case Of the jury laws is cslcu-
lated to direct the attention Of tbs Law
makerd to the necessity Of avoiding
this danger.
TIE Fl ght upon the constitutionality
Of the law was made by Senator ". \.
Grsydon of Abbeville. Ia was counsel
for the defense in the case of the State
against Wilson, in Cherokee county.
Wilson was charged With murder, and
ths case was the first on tne docket
when the court was opened at Gaf1ey
Lass Monday. Senator Iraydon moved
to quash the Indictment en- the ground
thsa the jury had not been properly
drawn. =
He declared that the Law under which
this jury Rss srsRn is in violation Of
article 8, 3,esecsion "a Of the constitution.
This article stairs: The general as
asmbly Of this State shall nos enact
lccsi or special laws concerning any Of
the following sutj:ctu. or for any Of
the following purposes, to wit: (Thea
are enumerated th;rGsen subjects fer
which special legislation cannot be Ga.
acted, and among there is TO summon
and empsrel grsnd and petit j1rles'
and Sin all csses where a general lag
can be msde applicable, no special law
shall be enscted."
Judge Gary sustained the contention
made BY Senator Gcaydon, and the in
dictmsnt was qusshad. This pracsi-
c.lly nulli6ed the validity Of all juriea
drawn in that county for this term Of
court, although several cases were
heard by c,nsent Of both sides that no
objection to the validity Of the juries
would be made. Solicisor Henry gave
notice shss he would take the Wilson
case 10 the supreme court.
Ss1stor Grsydon was in the city
Thursday night. He said thas the res.
son the jury aos Of 1900 is special lsgis-
lation is because it pemits one county
TO havs one way Of drawing jury, and
an adjoining county might have IN en-
tirely different way. Charleston has a
system Of its own. In some counties
the. jury commissioners draw the
jurors, and in other counties the ooun-
ry commissioners are empowered to do
this. Not only is it unconstitutional,
but it is wrong, states Senator Gray
don, for the reason that'ln Gases Of
change Of venue, or ia cases where
party has property interest in several
counties the different methods Of draw
ing juries are confusing and perhaps do
not guarantee the same rights and offer
the same protection It is confusing
to the judges themselves TO have differ
ent provisions for the several counties.
Senator Graydon says he can zee Why
there might have been some excuse for
irving to make the salaries Of county
officers conform to the necessities and
resources Of a county, but there seems
to be no reagon why there should be 8
general jury Law, and but one.
The act OF 1901 merely Validates the
juriea drawn undsr the scs Of 1900.
S5aator Grsydon contends thst while
the lsttec act may validate the former
statute so far as Inaccuracies are con-
esrned, it cannot make the jary Law
constitutional.
It is said that this question was
broached earlier in the year, and thst
the trial judge stated that he himself
doubted the validity Of the acta, in
question, but he would not st that time
assume the responsibility Of passing
upoa 80 grave 8 matter, for it might
affect and even interfere with tria.S by
jury N every county in the Stats for
she rest of the year.
The following sub division is the one
over which the fight will probably be
made:
XII. The general assembly shall
forthwith enact general Laws concern
ing said eubjacts for said purposes,
which shall be uniform in their opera
t;ons: Provided. That nothing con-
| tained in this aeotion shall prohibit the
general assembly from eascting special
provisions in generai Laws"
Driven to Suicide.