Oates

From an order of the District Court for the Territory of Alaska, Fourth Judicial Division, discharging the appellee from custody upon a hearing upon return to a writ of habeas corpus, plaintiff has appealed.

The return of the marshal to the writ recited that he was holding the defendant in his custody on a certified copy of judgment rendered by the United States commissioner and ex officio justice of the peace at McGrath, Alaska.

It was conceded by both parties to the proceeding that the justice court had jurisdiction of the person of defendant and of the offense charged; that the commitment is in regular form, except that it purports to authorize imprisonment for nonpayment of costs.

*678 The main contention of the petitioner was that the trial proceedings were vitiated because of the manner of impaneling and selecting the jury, and therefore all subsequent proceedings were void.

From evidence introduced upon the hearing it appears that the jury was drawn in accordance with the provisions of section 2528 of the Compiled Laws of Alaska, and not in accordance with a later act, chapter 100 of the Session Laws of Alaska, 1931, page 178. Section 10 of the last-mentioned act…