Tynan

This is a writ of error to review a judgment of conviction under the Alaska Bone Dry Law ( 39 Stat. 903 [ 48 U.S.C.A. § 261 et seq.]). The assignments of error are directed against the jury as impaneled, against the information, and against testimony obtained through an unlawful search and seizure.

The jury trying the case was composed partly of women, and the plaintiff in error contends that he was entitled to a common-law jury, composed wholly of men. Section 9 *213 of the Organic Act of the territory of Alaska ( 37 Stat. 514 [ 48 U.S.C.A. §§ 77-79 ]), provides that the legislative power shall extend to all rightful subjects of legislation, not inconsistent with the Constitution and laws of the United States, with certain exceptions not material to our present inquiry. Chapter 68 of the Session Laws of Alaska 1923 provides that every person, without regard to sex, possessing certain qualifications, shall be competent to act as a grand or petit juror. To define the qualification of jurors and prescribe the mode of their selection is, no doubt, a rightful subject of legislation, and the act of 1923 is clearly valid, unless inconsistent with the Constitution and laws of the United…