Page:Federal Reporter, 1st Series, Volume 6.djvu/149

 UNITED STATES V. ROSE. 137 �publicly drawn from a box containing at the time of each drawing the names of not less than 300 persons possessing the qualifications prescribed in section 800 of the Eevised Statutes, which names shall have been placed therein by the clerk of such court, and a commissioner to be appointed by the j'udge thereof, which commissioner shall be a citizen of good standing, residing in the district in -which such court is held, and a well-known member of the principal political party in the district in which the court is held, opposing that to which the clerk may belong; the clerk and said commis- sioner each to place one name in said box alternately, without reference to party affiliations, until the whole number required shall be placed therein." This act in terms repeals sections 800, 801, 820, and 821 of the Eevised Statutes of the United States. �Section 80e of the Eevised Statutes of the United States provides: "When from challenges or otherwise there is not a petit jury to determine any civil or criininal cause, the mar- shal or his deputy shall, by order of ihe court in which such defect of jurors happens, return jurymen from the bystand- ers sufficient to complete the panel." This section is not repealed in terms by the act of June 30, 1879, nor do we think it is repealed by implication. The language of the lat- ter law is that "ail such jurors, grand and petit, including those summoned during the session of the court, shall be publicly drawn from a box," etc. The calling of jurymen from the bystanders sufficient to complete a panel, under the order of the court, is not a summoning of jurors in the sense in which the term "summoned" is used in the act of June 30, 1879. They cannot, therefore, be said to be in conflict with each other. Besides, if such were the construction, the in- convenience and delays to the court in the transaction of business would be incalculable. The person whose name may be drawn from the box by the clerk and jury commis- sioner may reside 160 miles from the place where we are holding court. This would involve a delay for a time suffi- cient to enable the marshal to summon such person and to- enable him to corne to the place where the court is held. It ��� �