The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1902-01-15
JURY LAWS UNCONSTITUTIONAL.

Supreme Court Renders a Unani-
nous Opinion on the Subject.
77ext of the Opinion That is Of More
Than Ordinary Interest to The
SoloEs Now Assembling at
the Capitol.
The State supreme court has sus-
tained Circuit Judge Gary's opinion
that the jury laws Of the State are un7
5consJi tutional, null and void, IN that
they are special and not general laws
as required by the constitution, and
the legislature is thus given an object
lesson which should prevent the IN
PRODUCTION of the usual round of Drills
that are clearly in violation of the
constitutional provision.
The court renders unanimous op1n-
ion, the paper being written by JUS
tice Eugene B. Gary. The case is
that of the State VS.. a. j. Mcqueen,
ct al, from Cherokee county.
The Cd Union IN the other case on the
same subject, that of the State VS..
Franklin. af6irms the Judgment Of the
court below-Judge Ernest sGary.s
decision-and merely states that all
points are covered in the opinion IN
the Mcqueen case.
Yhe full text Of the opinion is as
follows:
The appellants we're tried and con-
yicted Of riot and assault and battery
with intent to kill at the June (l9Ol)
term of court for Cherokee county
Before the jury was selected, the
attorney for the appellants, made q
motion to quash the array OF Jurors on
two grounds, a. because there was
no .iury law warrauting the drawing
sof a jury for Cherokee county, and "
because the jury law. jf any, was re-
p,1ugnant to that provision of the con-
sstitution which prohibits special leg
islation.
His honor, the circuit judge. over
ruled the motion wbereupon the de-
PENDANTS appealed upon the following
except on ,s.g
80 Because his honor erred IN holdlng
that the Jury law Of 1900, l3 Statutes
315 entitled. - act to amend sec
tions 1886 and 1887 Of the general stat
utes relating to the drawing and term
of service Of jurors, IN the circuit
courts Of this State and to validate the
curry lists already prepared. IS not
repugnant to, or in violation Ct s1bdil-
visions 8. IL ad 10 Of section 81, art1-
Gle 8, consti tuition 1895, lnasmuch as
said jury law contains special and
local provisions allowing the counties
of Greenwood, Abbeville, Edgefeld,
aOrangeburg and Lexington and Aiken
to summon and empanel Jurors In
those counties, and the county OF
Charleston has a separate and distinct
act at page 32O, 1900. All Of which
ssyiio olates the aforesaid constitute
provision. 80
5 Section Iof the act first mentioned
in the exception contains the follow
ing provisions
That section 1886 of the general
statutes of 1882 now known as section
.2375 Of the revised statutes, be amend
ed so as to read as follows:
Section 2375. The clerks of the
court in each county in this State
shall, on or before the 9th day OF
January Of each year. prepare state
ment and deliver the same to the
county board OF commissioners OF the
number of jurors that will be re-
auired to be In attendance for@each
term of the court, to be held IN the
county during the ensuing year, and
the county board of commissioners
shallin each year during the month
of January prepare list OF such
legally qualified voters of their re
spective counties, not absolutely ex-
empt, as they may think well qualified
serve as jurors, being persons OF
good moral character, of sound Judg-
ment, and free from all legal excep-
.tions, to be selected from the county
at large, without regard to whether
such persons reside in seven miles OF
the corut house or not: except IN the
counties Of Spartanburg and Orange
burg, the list shall be prepared in the
month Of December, and the list SO
prepared by each board Of county COM
missioners shall contain twice the
number as reported by the clerk OF
the court Provided. that in Aiken
county the jury shall be. listed and
drawn as provided by the county gov
eminent law: Provided, that in the
counties of Abbeville, Edge6eld, Lex
intgon, and Greenwood the said jury
list shall be prepared il the following
manner, the list in Abbeyille to be
one thousand names, to Wit::''....
Art. III, section 81 of the constitn-
tion provides
ssThe general assembly of this State
shall not enact local or special laws
concerning any of the following sub
jects or for any of the following pur-
poses. to wit l. To change the name
of persons or places. 2. To lay out,
open, alter or work roads or highways.
3. To incorporate cities, towns or
villages. or change, amend or extend
the charter thereof. To incorpo-
rate educational, religious, charita-
BILE, social, manufacturing or banking
institutions not under control OF the
State, or amend or extend the charters
thereof. 5. To incorporate school
sd;e+r;o+c e To authorize the adOp-