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THE SELECTION OF JURIES
An Act passed by the last Congress of the United States to settle the confusion that had arisen in Oklahoma in the selection of juries.
See SUPPLEMENT to Fed. Statutes Anno., Page 214.
Sec. 1. That until otherwise provided by the legislature of Oklahoma it shall be the duty of the Judge of the dietrict court in each judicial district of the Territory of Oklahoma to appoint in each county of his district two discreet, honorable, and reputable persons of opposite politics, and having the qualifications of jurors as prescribed by the laws of said Territory, and not interested in any cause, civil or criminal, pending in the district court of the county for which he is appointed, which two persons, together with the clerk of the district court, or his resident deputy, in such county, shall constitute a board of jury commissioners. Said commissioners shall meet at the office of the clerk of the district court upon the order of the judge of said court at least once each year, at such time as the judge shall designate, and after having taken and subscribed an oath that they will honestly, faithfully, and impartially discharge their duties as such jury commissioners, shall proceed to se. lect the names of not less than three hundred nor more than three hundred and twenty five persons, having and possessing the qualifications of jurors as prescribed by the laws of said Territory of Oklahoma. Said names for jurors shall be appointed and selected from the several voting precincts in said county as near practicable according to the voting population of each precinct. The board of jury commissioners shall make a list of said names, showing the election precinct from which each juror was select, and shall certify to the same and file said list in the office of the clerk of the district court For the county for which said names were selected. The clerk shall record said list upon the journal of the court and certify to the correctness thereof.
As soon as said list is completed and recorded the clerk of the district court shall forthwith write each of said names upon a separate slip of paper, which slips shall be of uniform size and color, and shall fold said slips and place them in a box provided with two locks and keys of dịfferent designs and securely lock the same, leaving no opening. When said box is closed and locked, the key of one lock shall be retained by the clerk and the other shall be delivered to and retained by the sheriff of the county. Prior to any term of court at which a grand or petit jury will be required the Judge of the district court shall certify to the clerk of the district court the number of jurors that will be required for either a grand or a petit jury, and direct said jury to be drawn and summoned at such times as he shall direct. Upon receiving such order the clerk of the district court shall notify the sheriff or one of his deputies, and the clerk of the district court or one of his deputies, shall take said box containing the names of the jurors so se. lected and thoroughly shake the same. They shall then together, in the presence of each other, open said jury box, and after placing the same in a position that neither can see into it, shall draw therefrom alternately one name at a time and record the same until the number of jurors have been drawn required in the order of the judge, which may be not to exceed thirty persons from which to select a grand jury and not to exceed forty persons from which to select a petit jury. As soon as said jurors are drawn and the names recorded, the slips drawn shall be destoyed and the box securely locked and retained in the custody of the clerk, one key being retained by the sheriff. Upon the completion of such drawing the clerk shall issue separate venires for the grand and petit jurors, returnable at such time as the judge shall in his order direct. The first names drawn to the number stated in the judge's order shall be summoned as grand jurors, and the grand jury shall be empaneled from said persons: Provided, That additional and other drawings may be had at such times as the court or judge may order for the completion of the panel of either the grand or petit jury, or for the empaneling of a new grand jury during any term of court, if, in the judgment of the court, the same shall become necessary, or if, for any cause, the court in its discretion, shall deem other jurors necessary. The court may excuse or discharge any person drawn and summoned as a grand or petit juror whenever, in the discretion of the court such action may be deemed expedient: Provided further, That at any time during a term of court after a petit jury has been drawn and summoned in the manner as herein provided, when for the trial of any cause, civil or criminal, the regular panel of jurors shall appear to be insufficient, the jury may be completed from talesmen or the court may direct that an open venire issue to the marshal or sheriff for such number of jurors as may be deemed necessary to be selected from the body or any portion of the county: And provided further, That the probate judges of the several counties may order a jury drawn in like manner from said jury box for any term of the probate court or for the trial of any cause in said court wherein a jury is authorized by the laws of Oklahoma to be drawn from such box. Sec. 2. That the commissioners shall each receive as compensation for his services the sum of ten dollars per day for each day actually and necessarily employed in the discharge of their duties, the time necessarily employed to be determined by the judge and to be paid upon the order of the judge of the district court, either by the United States or the county, as the judge in his order shall direct. The venires for juries, grand or petit, may be served by either the United States marshal or the sheriff of the county, as the court or judge shall order. Sec. 3. That all laws of the Territory of Oklahoma inconsistent with the provisions of this Act are hereby repealed.
34 Stat. at L. 11.
CONSTITUTION OF OKLAHOMA
BILL OF RIGHTS.
Sec. 1. All political power is inherent in the people: and government is instituted for their protection, security and benefit, and to promote their general welfare; and they have the right to alter or reform the game whenever the public good may require it; provided, such change be not repugnant to the constitution of the United States.
Sec. 2. All persons have the inherent right to life, liberty the pursuit of happiness and the enjoyment of the gains of their own industry.
Sec. 3. The people have the right peaceably to assemble for their own good, and to apply to those invested with the powers of government for redress of grievances by petition, address or remonstrance.
Sec. 4 No power civil or military, shall ever interfere to prevent the free exercise of the right of suffrage by those entitled to such right.
Sec. 5. No public money or property shall ever be appropriated, applied, donated or used, directly or indirectly, for the use, benefit or support of any sect, church, denomination or system of religion, or for the use, benefit or support of any priest, preacher, minister or other religious teachers or dignitary, or sectarian institution as such.
Sec. 6 The courts of justice of the state shall be open to every person, and speedy and certain remedy afforded for every wrong, and for every injury to person, property or reputation, and right and justice shall be administered without sale, denial, delay or prejudice.
Sec. 7. No person shall be deprived of life, liberty or property, without due process of law.
Sec. 8. All persons shall be bailable by sufficient sureties, except for capital offenses when the proof of guilt is evident, or the presumption thereof is great.
Sec. 9. Excessive bail shall not be required, nor excessive fines imposed nor cruel or unusual punishments inflicted.
Sec. 10. The privileges of the writ of habeas corpus shall never be suspended.
Sec. 11. Every person elected or appointed to any office or employment of trust or profit under the laws of the state, or under any ordinance of any municipality thereof, shall give personal attention to the duties of the office to which he is elected or appointed.
Sec. 12. No member of congress from this state, or person holding any office of trust or profit under the laws of any other state, or of the United States, shall be eligible to any office of trust or profit under the laws of this state.
Sec. 13. Imprisonment for debt is prohibited. except for the non-payment of fines and penalties imposed for the violation of law.
Sec. 14. The military shall be held in strict subordination to the civil authorities. No soldier shall be