Gunnison news-champion. [volume] (Gunnison, Colo.) 1905-1932, 1923-04-27

thought they would no, make fair and
ImpaTr-4l jurors They further ailege
that tn persons selected BY them they
belize. . gl-d make fair and impartial
juror
L. uay be- that some Of the grounds
Of tn notion 20 quash the panel are
not z. t Certain q them relate TO
irregI which may not b. fatal
10 tn return The particular grounds
Of q. notion which / will give atten-
ton % are those TO the effect that il
EsilI b. lrupossible 70 get a fair and
imparg.at jIry from the list certified
by the Commissioners, and charging
FRAUD upon the particular conluct OF
the ta-mIssIUuers in selecting the
list esrtlfied 10 the District Clerk
Tho are the important grounds.
No | believe Se all agree that the
Statu.s governing the selecting Of the
list b. the Commissioners Is directory;
that mere irregularities ia the action
Of the Commissioners, or the TreasgT-
er, or the Clerk and the Sheriff in
drawing the jury would not be fatal
TO the panel. ! believe We also agree
that i j. the Law tina; there shall be
= substantial compliance with the
provisions Of the statute
So. after all, i Is left for the court
20 determine whether the action OF
the Commissioners in this instance
va Of such importance and the ir-
regl4aTItics amounted TO such a de
paT-uue from the provisions Of the
statute as 20 vitiate their action in the
premises. In other words, il j. large
Is dictionary with this court, sub
jet however, TO review on error for
abG-e Of discretion ] believe that 20
be the iaw.
Now, the question to be determined
by the court Is whether or not the
act. Of the Commissioners in this
instaare is such a. to yitiatc their &C
thor. know il has been suggested 70
the court that the case Of Rex rs.
O'Cuanei, an English case, decided by
the House Of Lords Of England, held
tina, even fraud in making up the
lis not sufficient TO vitiate the re-
turr But the same authority from
wh... this was read stated that that
Wa. at the law Of this country. And
r-I that in The People vs.. Tweed,
so E1aari's Practice, n Y, 2G4; and
n, Hrople vs. DolaH, 81 y. Y, 4sj;
an re People -. Tankins, y. j., 22s,
all I'D directly 10 the contrary. !
a.. ind, and believe II Is the law,
til. . departure from the provision OF
n. ,atute. such as n failure 10 select
fr.- the assessment roll, or 10 select
from q part Of the county instead OF
the whole, or arbitrarily emitting a.
large number Of persons qualified, Is
s..E-ent 10 yitiate the return. These
Qua. TONS have been definitely before
tr, Supreme Courts Of Louisiana,
r. las. and Wyoming; and | believe
That 10 be the law.
Vow then, our statute here provides
that the county commissioners may
add to the list certified TO them BY
III. Treasurer; but there is no provi-
sion Of law that the Commissioners
may omit from that list, as the Com
m sioueTS did in this case.
he same law provides also that the
Commissioners shall, as far as practi-
cable, select the 200 from the list fur
nj he'd BY the County Treasurer. Now,
this word practicable" has meaning.
There are certain persons who are by
law exempt from jury service; all
persons who have served on 4 jury in
q court OF record in the year proceed
ing the Term at which the jury is to
serve are exempt under the law The
Commissioners would have night to
omit from the list certified by the
Treasurer all such exempt persons.
They might be justified in emitting
other persons made exempt by law,
such as persons over jury age, such
as railroad employees, postal employees,
and also others who are made especi-
ally exempt by operation Of law. Yet,
at the same time, most of the other eS-
emptions, outside of service on the
jury within the year preceding, are
exemptions to be claimed by the per-
sons summoned as jurors. Now then,
after making such deductions, If the
Commissioners find they haven't the
200 names necessary to certify to TIE
Clerk, they have the power under the
law to add TO the list so as to make
the necessary 200. There is no provi-
sion in the law that the Commissioners
can look over the list furnished by the
Treasurer and determine whether or
not in their oDiuion thew wnuld mako