The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1913-08-15

case should be quashed. although II
may be obiter dictum In that case.
Cites Stronger Case.
But stronger case Is the opinion
Of Mr. Justice Sherwood. speaking as
did MT Justice Morse. for an undt-
vided court, In Hewitt VS.. circuit judgs,
Il Michigan, 29l.
The selection OF the jury secured
to ltigants by our constitution, -
OF nrst Importance 10 parties. ana
they have the right To have jury
constituted In substantial com
tormity with the law as estab-
lished, and where departure has
occurred and the positive provis-
Ions enacted To secure and guard
the right OF trial 10y jury have been
violated or disregarded. there is no
warrant. In our Jurisprudence, for
treating the devtatlons "a harmless
irregularities. and when the party
10 be affected thereby seasonably
makes his objections to such de-
Niations he stands ON substantial
and valuable rights. and ought TO
have his challenge prevail. The
provisions OF the law cannot be set
aside. although IL may appear to us
that neither party has been In
jured by the transgression. That
we can never for "a certainty know,
and for this reason safety can only
be secured by reasonable com
pliance with the law. One OF the
principal objects in any mode pre-
scribed. has been that the panel
shall come from the body OF the
county, and this means. under our
system OF territorial division. from
every township In the county.
Ia this ease the challenge 10 the ar
ray was held TO be good. on page 2s5,
where. speaking upon the question as
20 whether the challenge was good, the
learned chief justice said
IL is clear that plain violation
OF the law has occurred. and II Is
Impossible for the court to know
or say that the parties Will not
be prejudiced thereby. IL is its
duty to require compliance with
the law In all cases when II is not
plainly manifest no injury or pre-
JUDGE can come 10 the parties oy
reason OF non compliance;
and then "A remedy is prescribed, OF
which | shall have more TO say here
after, and follow. as IL appears 10 me
Justice Can,pbeIrs Ruling.
Mr. Justice Campbell in writing the
opinion in the case OF the people vs.
Hall as Michigan. 4s7, speaking OF a
jury drawn where special townships
had been favored and others excluded
In the drawing OF the paneL speaking
for the court. says;
The jury was. therefore. neither
a jury OF the vicinage nor jury
OF the county at large, nor one
near the county seat nor one de-
sired by the Judge himself. for the
general purposes OF the term. lt
was, therefore not sanctioned by
law.
But II is said in answer 20 this. that
the unit OF the township or ward has
been destroyed and that this objection
will not avail the defendant because
there are some men from the jury dis
trict he resides In, But ] decline, In
the absence OF any express enactment
to believe that law which was passed
for the convenience OF the commits
sioners, should wipe out the ward OF 9
city, something known to municipal
In this country since II
had cities to be governed.
In the case OF Zanone VS.. the state
81 Tennessee, 101. the trial court dt-
vided the county by ordering the sherif
of the county in which the city Of
Memphis is located. 70 summon n We
nire OF Jurors from the county outside
the city OF Memphis. which was a par'
of the county where the crime OF muir.
der was committed. The supreme court
OF Tennessee, In strong opinion. and
a full review OF all the American au'
thorities, held that the challenge &c
the array should have been sustained
and upheld
The DanieI O'Connen Case.
But by far the most exhaustive case
is that OF O'Connell vs.. the queen. y
Clark q Finnelly, whore an eight PEI
cent tktAuSlOH VI component PtiH
from the city OF Dublin from the pros
pective jury roll. or 50 out OF I'll, was
held to vitiate the panel and reverse
the case. There. the law was gone into
very thoroughly, and followed and eX-
planned from the earliesttimes OF Coke
and where. by reason OF there being a
diversity Of opinion among the lords
and the judiciary, many able opinions
were written. But suffice II TO say
that so celebrated a case. occupying
as il did. the attention Of the civilized
world and passed upon by men thar
whom there have been no ADLER upon
the bench of any English speaking
court. must attract attention by lt'
reasoning and carry great
weight to the mind OF any man; par
ticularly is this true. when every ma