The opinion of the court was delivered by: GOURLEY
This matter relates to a motion which challenges the array of jurors and to strike the panel of jurors.
Verdict was returned by the jury in favor of the defendant and the motion for new trial filed by the plaintiff has been refused by the trial judge. 100 F.Supp. 493. Since the plaintiff contended in his motion for a new trial that the denial of said motions was prejudicial error and in order that the basis for the denial of said motions will appear of record, this opinion is filed contemporaneously with that of may associate who administered said trial. The motion to strike the panel of jurors is as follows:
'And now comes the plaintiff by her attorney and respectfully moves the Court to strike the entire jury panel and presents this challenge to the array of jurors and in support thereof, assigns the following reasons:
'1. The method and procedure of selecting trial jurors in this Court does not comply with the law.
'2. The method and procedure of selecting and qualifying trial jurors is not in conformity with the decisions of the Supreme Court.
'3. The panel of jurors and their method of selection indicates that they are not representative of the community nor do they constitute a cross-section thereof.
'4. The jurors have been selected in a discriminatory, unfair and partial manner and excludes either deliberately or by necessary implication important elements of the community such as naturalized foreign born citizens, Negroes, veterans, labor people and many others.'
The Court is fully informed as to the manner and method which is used by the United States Jury Commissioner and the Clerk of Courts to secure individuals for jury service in this district. The names of persons for jury service are secured by the Jury Commissioner and the Clerk of Courts, independent of each other, from the following sources:
(a) Names suggested by the members of this Court.
(b) Names presented by members of the various state and county courts in this district.
(c) Names presented by United States government and state employees.
(d) Names secured from reliable persons in the various counties of the district, who are ...