Chapter 155. To provide for the selection of grand and petit jurors for the district courts in the Territory of Oklahoma
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CHAP. 155.— An Act To provide for the selection of grand and petit jurors for the district courts in the Territory of Oklahoma. February 9, 1906. [[H. R. 5289](/us/bill/59/hr/5289).] [[Public, No. 13](/us/pl/59/13).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That until otherwise providedOklahoma.Selection of jurors.Appointment of jury commissioners. by the legislature of Oklahoma it shall be the duty of the judge of the district 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 shallMeeting. 12meet 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 Oath.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 select 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 Jurors.by the laws of said Territory of Oklahoma.
Said names for jurors shall be apportioned to and selected from the several voting precincts in said county as near as practicable according to the voting populationSelection of names. of each precinct. The board of jury commissioners shall make a list of said names, showing the election precinct from which Filing the list.each juror was selected, and shall certify to the same and tile 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 Procedure.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 different 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 Empaneling the jury.summoned at such times as he shall direct. Upon receiving such order the clerk of the district court shall notify the sheriff of the time of the drawing of such jury, and 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 selected 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 destroyed and the box securely locked and retained in the custody of the clerk, one key being retained by Grand and petit jurors.Issue of separate venires.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: *Provisos.*Additional drawings. *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 Completion of the petit jury.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 13issue 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 severalProbate jury. counties may order a jury drawn in tike 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 compensationCompensation of commissioners. 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. TheService of venires. 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 withRepeal. the provisions of this Act are hereby repealed. Approved, February 9, 1906.