George Shiras, Jr.

“ Several of the assignments of error bring into question the correctness of the judgment of the supreme court of the state of Louisiana affirming the action of the trial court in proceeding with the trial in disregard of a petition by the accused to have the cause removed into the circuit court of the United States upon the allegation that the petitioner was a negro, and that persons of African descent were, by reason of their race and color, excluded by the jury commissioners from serving as grand and petit jurors. ”

“ In the absence of a bill of exceptions disclosing, at least, the substance of the evidence, and of an assignment of error, we are permitted to suppose that the evidence was trivial, and that it did no injury to the defendant. ”

“ Nor can we perceive any merit in the assignment which avers that this Act No. 170 is in conflict with the fourteenth amendment to the constitution of the United States, because such law is alleged to confer on the jury commissioners of the parish of New Orleans judicial powers in the selection of citizens for jury services. It is not pretended that the accused was subjected to any other or different treatment, in respect to that of the statute, than that which prevails in other cases or on the trial of white citizens. ”