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

tional prejudice OF the court wonlu
press for sustaining the CONVICTION ~
the government But hayVlhS -,
this most able court upon tnis POM
alone rose above any preJuulSe tns'
might have OF A racial or poltlcal ia
ure and enforced the law, that tiio e'
tire jury panel should be tairlS uramh
from the body Of the county anu
Indifferent To both the state ana thc
prisoner as a question Of the greatest
Importance I'm the administrator .!
the criminal laws; ana declhTeu shu'
no matter what the practice hau ac
tually been the law or the land had
always demanded the application oi
this principle OF fairness. Suthce ~
also TO say that the opinion OF thie'
Justice penman together with the de
cisions OF the court 81 last resort OF
this state. prompts me To hold that III
an honest endeavor 10 carry OUT tnS
law and furn sh a jury list that would
be above crittCiSm--if such thlhs can
be done-the commissioners unwilling
ly invaded the defendants legal rights.
Jury commissioners Erred.
The jury commissi ! hold, with
the best intention In the world 10 90
their full duty, erred in the stanuaru
they set up for the composition OF the
jury panel. that the tombstone ID the
clean average. capable man, and that
$4,000 people cannot be wholly over
looked In an entire ward, with more OF
population than there Is in some
counties In this country. IL not in TINS
state.
And IL appears to me further, that
at least one OF the jury commissioners
violated the spirit and the word OF the
fourteenth amendment To the federal
constitution, where the Individual COM
missioner Disseminated against those
OF our fellow citizens otherwise com
petent. but who have Negro blood in
their veins; something the courts OF
this state have expressed very decided
opinions upon. particularly In the case
az
Again, that the eighteenth ward and
every other ward, being like the town
ships as II unit OF government, was
and were entitled to furnish It's proper
quota for jury service upon the panel.
And | am OF the opinion that there
are many men in the excluded ward
who viii give the defendant. as well As
the people OF this state. fair trial
I'm this cause.
also hold that because a citizen
takes on active interest in politics that
is of itself no legal ground for eX-
Guiding him from jury service; Tor. u
that rule were extended, there would
be few Judges in the state or country
competent to sit.
Again. because a man rs In the legal
business OF selling liquor at wholesale
or retail | hold is of Itself no peremp-
tory reason odisqualify him from the
opportunity OF jury service as class
although IL may be taken into consid-
Grafton with the men by the jury COM
mission in passing upon his compe-
tency, individually. to sit a. a juror.
sustains Challenge.
The challenge TO the array must be
sustained for the reasons herein stated.
| But inasmuch as this result is not oc-
casoned by any partisan prejudice
| upon the part OF the jury commission
| ers, but solely for the reasons herein
! before given. and basing my action
/ upon Hewitt va. circuit Judge and other
! cases, | hereby order the board OF jury
! commissioners for the county OF
I Wayne after the present ballots ana
! list are destroyed. TO reconvene WITHIN
J 10 DAYS TO supply the court with new
/ levy for another panel. conforming IN
/ the drawing to this opinion. by eN-
| GLIDING no ward. go that the work OF
/ this court may be proceeded with &C
/ cording to law
This opinion In no way abridges inc
! right OF the prosecuting attorney To
! review the order entered In this case,
/ by writ OF mandamus ~ there pe any
| doubt OF the right OF the court To en-
/ ter such order. the court believing thai
! il is better TO order a new jury at tins
! time which viii be free from any legal
/ question. rather than risk the Work ot
/ the recorders court for an entire year
JAMES PHELAN.
Recorder.