The Alaska daily empire., 1923-12-18

opinion just filed in the Federal
District Court Judge r. NJ Reed
upholds the validity of both the new
Territorial, jury law, the so-called
Dimond Act. and the Women's Jury
Law, both enacted by the Legisla-
ture last Spring Both laws were
attacked in motions filed by local
attorneys in a number of cases at
the beginning of the present term of
court.
The memorandum opinion was filed
following ruling Of Judge Reed
which denied a motion of quash
md a plea in abatement entered by
Fl. L. Faulkner against the indict-
ment in the case against William Lott
for shooting w. F. Prentice. A SINH
ar motion and plea were filed by
R. f. Robertson and Henry Roden
in the Johnson murder case.
Three grounds were set up in the
attack on the two laws in question
first, that the court was in error
n selecting and impaneling the grand
fury under the provisions of Chapter
IL, otSSlon ldMS Vi <NidShhy ivHc,
the Dimond Act: and for impaneling
women as qualified women as grand
Jurors under Chapter G5 of the same
laws: and further. because one In
dian, was allowed to sit on the
grand jury.
The opinion TOOK up first among
the general propositions, the Dimond
Act One of the defects alleged was
that it required a minimum jury
list of three-fourths of the voters
as shown by the returns of the last
preceding general election instead of
the minimum of 800 as provided
for under the old. After discussing
this and citing a number Of authori-
ties. Judge Reed said:
"How this provision extending the
minimum limit of names of prospec-
tive grand jurors placed in the jury
box can prejudice the defendant is
incomprehensible to me. The onus
is on the defendant to show such
prejudice in his plea and he has
not done so; his plea as to the
manner of drawing the grand jury
is. as was said by Chief Justice
Fuller, fatally defective
Drawing is Ministerial
Judge Reed held also that the act
of drawing grand jurors is minis
terial and net judicial function, say
ing:
"The defendant urges that the law
is invalid in that it deprives the
Judge of the Court. the U. s. At
torney, the u. s. Marshal, and the
Clerk of the Court respectively. jur-
isdiction and functions exercised by
like judges and officers of District
Courts of the United States.
st doubt If this is material to
defendant If he cannot show that he
is preiudiced thereby. The drawing
of the original panel of grand jurors
is not a judicial act; it is purely
ministerial act which the court is
empowered. and is necessary ad-
junct of the court in the admins
tration of justice. If by the assign
alton in the plea 1t is meant that 1t
deprives the court of authority to
fill the panel impartially from the
bystanders or issue a special venire
for that purpose, 1t might be con-
sidered: but it should be noted
that in the Territorial statute there
is no provision for filling the panel
of grand jurors If sufficient regularly
drawn grand Jurors do not appear
"The Court, under its general au-
thority, may exercise his discretion
as to how the panel should be filled
and such discretion. If fair and
impartial qualified grand jury is Sc
cured would be, at the most, a
mere irregularity not prejudicial to
the defendant and not affecting the
validity of the Indictment U. S. v.
Nevin, supra.
"The only officers of the Court
having to do with the selection of
grand jurors under the Revised Stat
utes of the United States, which
control of the former practice of this
Court, were the Judge. Clerk and the
Marshal. 1t cannot be said that the
present law deprives any OF these
officers of any function, because
under 1t all the officers perform the
same duties and functions and have
the same authority they heretofore
had except, under the former practice
under the direction of the court, the
marshal was authorized to fill tho
panel from the bystanders.
"This proceeding is merely direc-
tory, ard the Court in its discretion
may In rne interest Of securing
fair and impartial jury, order
special venire facias to issue for any
number sufficient to fill the panel OF
grand jurors This IL
we'll established by numerous authori-
ties It NAV be argued that the
authority. Jurisdiction or function or
the Judge over the <lethod OF fillinr
the nanel is abrogated by Section
providing for the manner Of drawin9
additional jurors from the jury box
and Section Z Of the same act. to
tbo oefoct that violation OF the pro