The Alaska daily empire., 1923-12-18
MADOO is in PRESIDENTIAL RACE
REED UPHOLDS W0MEN'S JURY ACT
and DIMOND ACT IN MEMO OPINION

BILE error. Admitting the force Of
the argument as to the drawing of
petit juries, it can have no applica
ton to the empanelling of grand
iuries. 1t is evident that the law
was enacted for the purpose of hav.
ing all jurors drawn from the body
OF the district and of eliminating
selection of jurors by any officer of
the government. and 1t does not ap-
pear to me even though it might
hinder and delay the Court in the
dispatch of business that the method
of selection provided would be pre-
judicial to the defendant. Even
were the law invalid in the particu
lar named, that would not make the
whole statute invalid, because that
particular section may be separated
from the rest of the statute without
destroying the wrole."
The most serious point raised, SAID
the court, is the personnel of the
grand jury in that it sis urged that
qualified jurors In support of the
contention 1t was pointed out by
counsel that the grand jury was not
composed of not less than 16 and
not more than 23 white male citizens
of the United States, but that the
grand jury was composed of 20 per
sons. three of whom were women
and one an Indian5 This raised three
questions. said Judge Reed, first
whether the Legislature was empow
cred to prescribe the qualifications
of jurors: second, whether 1t could
legally alter or amend. Sections 2
119 and 2190 of the Compiled Laws
enacted by Congress; third, whether
the act of the Legislature providing
for jury service by women was void
as being in conflict with the Con-
stitution of the United States.
Before taking up these matters
the opinion first discussed the oh.
lection to one of the grand jurors
because he was m Indian. In this
connection fts'wsfyssaid:
mo objection is made in the plea
or in the motion to quash to this
juror on the ground that he is not
male citizen of the United States
but the objection Is, that he is not
white male citizen--that is. that
he is not of the Caucasion race. #
the objection had been that as ar
Indian he had not abandoned his
tribal relations and taken up his
residence separate and apart from
tribe of Indians and had not adopt
ed the habits of civilized life, II
would have tenable for, in this case
of the United States and of the
Territory. It must be presumed that
In accordance with the law and the
established customs of the Court, he
was examined as to his qualifica
tions, and one of those qualifications
is whether he is citizen and an
elector. This presumption is verified
by the actual happening in open court
at the time the grand jury were
empanelled: and ii was established
from the thorough exsnination of the
juror by the United States Attorney
that this so-caled Indian was we'll
educated man. speaking English flu
emily who for some eight years had
been conducting a mercantile bust
ness in the Town of Sitka In the
First Judicial Division of the Ter
ritory: that he had severed his tri
bal relations had taken up his resi-
dence separate and apart from any
tribe of Indians. and had adopted
the habits of civilized life. He was
then, a citizen of the United States
and of the erritory. and a qualified
elector. 1t would have been error Of
the Court, which would have been
cause for quashing the indictment, to
have dismissed this grand Juror
solely because he was not of the
white race"
Has Power TO Legislate
The enactment of legislation gov
erning the selection, summoning and