Evening star., 1902-01-24
Opinion in Test Case Handed Down
BY Court Of Appeals.
SWEEPING EFFECTS OF TIE DECISION
The Police Court and Criminal
Court Juries Included.
TEXT OF THE OPINION

| The Court of Appeals today handed down
| an opinion written by Mr.. Justice Shepard
| holding In effect, that the bodies OF men
| organized the early part of the present
month as a grand jury, Police Court jury
and Juries for the Criminal and Circuit
| branches of the Supreme Court Of the Dis
| trict of Columbia were not legally en-
paneled. The ruling was made specifically
regarding the present grand jury, but it Is
| understood to apply with equal force to the
others. The rendering of the opinion was
| the outcome of the test case of William
Clark, appellant. against the United States,
argued last Tuesday. An indictment for
larceny was reported against Clark In
Criminal Court No. 1. His counsel filed a
plea in abatement, contending that the
| body of men reporting the indictment did
| not constitute a legal grand jury. A de-
murrer to the Plea was sustained by the
court and the appeal was from that ruling.
The Court of Appeals holds that there
being no law authorizing the empaneling
| of the grand jury which returned the NJ
dictment against the appellant, ms pea N
abatement should have been sustained. Inc
judgment will therefore be reversed ana
| the cause remanded. with direction to over
| rule the demurrer and enter judgment on
| the plea. 1t is so ordered"
The Opinion Rendered.
| The opinion follows:
I'm order to bring up for speedy deter
mination the question of the regularity or
| the organization of the grand jury Of the
Supreme Court of the District for the term
commencing January 7. 1902. this appeal
was allowed to be taken from an order OF
a special term of that court, on January 10,
| 1902, overruling the plea of abatement to
an indictment for larceny.
1T appears from the appeal that the per-
sons composing that grand jury had been
summoned on December 23. 1901, in ac-
cordance with the law then enforced, to
| appear in said court on January Z, 1902.
I'm the meantime act of Congress en-
titled an act to establish a code of law
for the District of Columbia approved
March 8, 1901, had, by its terms. taken eff
| feet from and after January 1. 1902"
THE said grand jurors having been sum-
moned under the prior law were examined
tooching their qualifications in accordance
with the requirements of said law, and
| sworn and charged Hereunder, on January
| 8. 1902. The indictment in question was
| returned by them into open court. where
| upon the defendant filed his plea in abate-
ment thereto.
Provisions of the Law.
Section 1 declares that: The common
law. all British statutes In force in Mary
land on the 9th day of February, AID.
1901, the principals of equity and admir-
atty, all general acts of Congress not legal
bia and all acts of Congress by their
terms applicable to the District of Column
bia and to other places under the jurisdic-
tiOn of the United States in force at the
date of the passage of this act shall re-
main in force, except in so far as the same
are inconsistent with replaced by
some provision of this code
THE acts of Congress regulating the
selection and qualifications and grand and
petty juries in force when the members OF
this grand jury were summoned, were spe-
| cially enacted for and given exclusive oper-
alton in the District of Columbia.
Hence they do not come within the nu-
| meration of section 1 of the act above set
| forth.
The Acts of Congress.
"These acts of Congress provided many
other things, that the Supreme Court of
the District of Columbia shall appoint GER
tain persons. which persons were called
| under the law jury commissioners, to make
a list of jurors for service. The names Sc
lected by these persons We're placed in the
jury box and sealed: then the box was de-
| livered to the clerk of the Supreme Court
of the District of Columbia for safe keep
| ing, and at certain time the clerk opened
| the box and drew therefrom the names of
a nXed number of persons for service; and
| thereupon. at least five days before the be-
| ginning of the term for service it was the
| duty of the marshal TO notify each person,
and in case all of the names were with
| drawn from the box and the several juries
| not yet impaneled the court could under
| certain conditions. order the marshal to
summon persons to serve. The term of the
grand jury was three months and that Of
the petit jury one. The qualifications of a
1 juror were that he be a citizen of the
/ United States. resident of the District of
| Columbia, over twenty-one and under sixty
| five years of age and a good and lawful
| man who had never been convicted Of q
| felony or msdemeanor involving moral tur-
| pitude.'
| New Code and the Jurfes.
| THE new code contains elaborate pro-
| visions relating to jurors for all purposes
in the District which are embodied in Sec
tions from 1913 to PIT, inclusive.
1T Is sufficient for the purposes of this
case to note few only of the substantial
conditions between the old law before
! stated and the new.
| There is a complete change in fury COM
! missioners. For those appointed from time
| to time by the court under the old system
have been substituted the clerk of the Su-
| preme Court, the marshal and the collector
of taxes of the District. There are some
changes respecting the service and the
| mode OF drawing names from the jury box
which may not be specified.
| The competency of jurors under the old
law is represented with this important ad-
| dition: They shall be able to read and
| write and to understand the English Ian
| guage.
| jurors who returned this indictment were
not only selected by persons Incompetent
| to act under the new law, but were i'm
paneled also without regard with their
| ability to read. to write and to under.
| stand the English language
Old Law Not Included.
Having pointed out that the old law was
not included in those specially declared to
remain in force by section Of the code un-
der the terms therein provided. it remains
to inquire whether it was included In or
excepted from any of the repeating proyi-
sions of the code. These are found In the
last chapter 6O Of the code. as published.
| and embrace sections 1886 to 1642 inclusive
| Section 1855 declares: All acts and
| parts Of acts Of the general assembly of
| the state of Maryland. general and perme-
! nent in their nature all like acts and parts
Of acts of the legislative assembly Of the
| District of Columbia, and all acts and pa rt .
| of acts of Congress applying solely to the
| District of Columbia in force in said Dis
| trict on the day Of the passage Of this act
| ar, hereby repealed except:
| This Is followed by the recital OF the
| exceptions which are eight in number. AS
1t Is conceded that the formal law was