George Matheson v. United States
| Citation | 227 U.S. 540,57 L.Ed. 631,33 S.Ct. 355 |
| Decision Date | 24 February 1913 |
| Docket Number | No. 148,148 |
| Parties | GEORGE MATHESON, Plff. in Err., v. UNITED STATES |
| Court | United States Supreme Court |
Messrs. James Wickersham and John F. Dillon for plaintiff in error.
Assistant Attorney General Adkins and Mr. Karl W. Kirchwey, Assistant Attorney, for defendant in error.
Congress, by the act of June 6, 1900 (31 Stat. at L. 322, chap. 786), established a district court for Alaska, with general civil and criminal jurisdiction. There were three judges, who, though given jurisdiction over the entire district, were required to reside in that one of the three divisions to which they were respectively assigned by the President. On December 29, 1908, the grand jury of the third division indicted Matheson for murder. On the next day he was arraigned and entered a plea of not guilty. Before his case was called for trial, Congress passed the act of March 3, 1909 (35 Stat. at L. 839, chap. 269), providing for a fourth division, to be held at Fairbanks by the judge of the former third division. This act was not to become effective until July 1, 1909; but in preparation for the first term convened thereunder, the district judge, assigned to the fourth division passed an order, under which jurors were drawn and summoned in June to attend at the session of court to be held in July at Fairbanks.
On July 13, during this term, the defendant applied for and obtained an order to have his witnesses subpoenaed at the expense of the government. His case was called for trial in September. He announced ready, and without making any question as to the qualification of the jurors or the method and regularity of their selection, objected to the entire panel on the ground that the judge of the third division was without jurisdiction to issue the call at a time when the fourth division had not come into existence. The objection was overruled. Several of those on the jury which tried his case were taken from this panel. After a verdict of guilty and sentence to imprisonment for life, the case was brought here by writ of error in which complaint is made of the action of the judge in allowing a jury to be selected from a panel drawn in June, before the act creating the fourth division became effective.
The Alaskan Code (31 Stat. at L. 322, §§ 4 & 5, chap. 786) created one district court with three judges having general civil and criminal jurisdiction over the entire district, and authority to hold regular terms at Juneau, St. Michael's, and Eagle City, and special terms at such times and places in the district as they or any of them might deem expedient. The act of March 3, 1909 (35 Stat. at L. 839, chap. 269), in providing for a fourth division, did not contemplate an interruption of the functions of the judge throughout the entire district, nor did it destroy the unity of the district court. But while preserving unimpaired the power of the court and judges, it fixed a new place, at which the same district court must be held. It did not create a new tribunal, with new officers, to be organized in a new political division, but it continued the jurisdiction and power of the...
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