George W. Preston v. John E. Mandeville as Clerk of the Thirteenth Judicial Circuit of Alabama(mobile County)

BELL, Circuit Judge.

This appeal involves a challenge of the jury system in Mobile County, Alabama on the basis of alleged racial discrimination in compiling and maintaining the master roll of jurors. The discrimination is said to be in the form of too few Negroes being included on the master roll. The proof, of a bare bones nature, was accepted by the district court to demonstrate a Negro population of jury age of 29.3 per cent and a total number of Negroes on the master roll of 16 per cent. On this finding of fact, the court concluded that the disparity was not such as to make out a charge…