397
In
reC.A.RNES.
n
(Oirc'ltit Oourt, 8. D. Georgia, lV, D. June 28,1887.)
That one summoned as a juror in the United States courts was an officer of the navy anterior to the late war; that he resigned, lliI!d thereafter served in the COnfederate army; and that his disabilities have not been removed,"":"will not support a personal claim for exemption from jury duty. {Syllabu8 by the Court.)
JUROR-EXEMPTION-DISQUALIFIOATION-F:E:DERAL COURTS.
W. W. Carnes, in propria persona. No counsel contra. SPEER, J. W. W. Carnes was summoned as a tales juror by special venire, returnable this day. 'He protested, twheh'about to be sworn, that he is not liahle to perform jury duty in the courts of the United States. His name was drawri. regularly, and appears on a revised list of jurors of the circuit court filed at this term. The reasons he assigns are that he was an officer of the United States t1li'Vy (a for 'midshipman) anterior to the late war, and that he resigned and,took service with the Confederacy, commanding a battery of artillery in its army, and that his disabilitiell consequent upon such action have never the been removed i that he can hold rio office Of profit or trust government, and should not be compelled to serve as a juror. The 01J.. jection must be overruled. ,Capt. Carnes is a resident and 'Citizen by birth or the United States of America, having their protection, and enall of the enlarged and liberal advantages of such citizenship. Should his rights be infringed by any other nationality, the government would extend to them the same jealous and watchful supervision that another citizen would have under similar citcumstances. It is altogether anomalous, and not to be permitted, that, enjoying these privileges, he "nauld be exempt from jury duty because of any action of his during the late war. If he could for this reason 'decline to serve on'theJllrles, he might, with the same propriety, decline to serve in the armies of the ..:ountrYi and thus would be presented the extraordinary spectacle of a citizen excused from defending hisgovernmellt because previously-he had been in armed resistance to it. The government might raise this 'iuestion, but does not do so. The juror is known to be a man of exemplary character, and now devoted to the UniolJ.and constitution: of the United States. Besides, the Revised Statutes, § 800, provide that jurors in the United courts shall possess the same qp"\ifications, and be e11titled tat}le same exemptions, as jurors in the state col,1rts, and no other, and'iris not disputed .that Capt. Carnes. is qualified to serve as a juror by the laws of Georgia. This statute operates as a repeal of his disabilities, 80 furas aervice as a juror in the United States courts is concerned.. I hold that .while, Carnes has not thought pr()per t() apply for the removal of his disabilities, he may not be permitted to hold offices of trust aqd
',398
FEDERAL REPORTER.
pr6fit under the general government, he cannot for that reason be exempted from rendering the services, and performing the ordinary duties, of This is a direct and beneficent complete restoration of bur government in' all of its Integrity, and the redintegration of our people in their rights of citizenship, after the termination of the ,unhappy struggle between the sections of our common country,-a marvelous instance of the presence of apadvanced civilization,literally without parallel in. history, .satisfying the most incredulous' of the perpetuity of our liberties, and silencing the criticism of republican instituti6ns.
WILLIAMS
and others
t1. BARFIELD.
(Oirouit Oqu,rt, 8. D. GltJrgia, W; D. May 26, 1887.)
Under a state statute requiring that commercial fertilizers shall be "branded or tagged with the manufacturer's guarantied analysis, It showing the percent· ages of certain determinations specified in the statute, held that, if the analyof ingredients the fertilizer sis branded ,on the package show!! th.e is guarantie'd to contain, it need not specify other ingredients mentioned in the statute, about which there is no guaranty. ' a. SAME-TAGS. : I ' If a manufacturer's guarantied analysis is branded'on, the saoks, and it ap; pears that the fertilizer has been inspected, it does not invalidate the sale that tags showing the inspection and analysis were not appended. {Byllabu8 by theOourt.) . '
,t.
l?
K. HineS, for plaintiffs. Hill Hairia,for defendant·
.SPEER, J. This suit was..brough"t.on certain promissory notes given }>y the defendant to the plaintiffs, for a large shipment of a commercial fertilizer known as the ,GUlinO." On the tria,l .the jury rendered a verdict for the . the defendant made a motion for a new trial. The grounds;are-First, because the court charged the jury as follows: .' law requires that packages of commercial fertilizers, when offered for sale, must show the manufacturer's guarantied analysis; but this does not 'mean that the fertilizer mustoontainall the ingredients m,entioned in the stat.ute. but onlY,tliat it Illust tJ:1e percentages of the irigreclients it does contain., If, therefore, you belIeve from the evidence that the sacks of guano sold by the plaintiffs to the defendant Were branded with the manufacturer's guar'antied 'QnlllySiS, and that the fertilizer sold had been inspected, it was a compliancewith ,theJaw, and the sale is legal. If. not so branded and inspected. sale illegal, and the plaintiffs cannot r6cover." Secondly, because thecourt refused to charge the jury the following re'quest to' charg&,'tnadeby ;defendant'soounse1: