ded in the cases of Marino _v._ Ragen, 332 U.S. 561
(1947); Wade _v._ Mayo, 334 U.S. 672 (1948); and Uveges _v._
Pennsylvania, 335 U.S. 437 (1948). Justice Frankfurter has frequently,
albeit unsuccessfully contended, that "intervention by * * * [the
Supreme Court] in the criminal process of States * * * should not be
indulged in unless no reasonable doubt is left that a State denies, or
has refused to exercise, means of correcting a claimed infraction of the
United States Constitution. * * * After all, [it should be borne in mind
that] this is the Nation's ultimate judicial tribunal, not a
super-legal-aid bureau."
[864] 176 U.S. 581 (1900).
[865] 110 U.S. 516 (1884).
[866] Jordan _v._ Massachusetts, 225 U.S. 167, 176. (1912).
[867] Maxwell _v._ Dow, 176 U.S. 581 (1900).
[868] Hallinger _v._ Davis, 146 U.S. 314 (1892).
[869] Ibid. 318-320.
[870] Missouri _v._ Lewis, 101 U.S. 22 (1880); Maxwell _v._ Dow, 176
U.S. 581, 603 (1900); Jordan _v._ Massachusetts, 225 U.S. 167, 176
(1912); Snyder _v._ Massachusetts, 291 U.S. 97, 105 (1934).
[871] Brown _v._ New Jersey, 175 U.S. 172, 175, 176 (1899).
[872] Ashe _v._ United States ex rel. Valotta, 270 U.S. 424, 425 (1926).
[873] Fay _v._ New York, 332 U.S. 261, 288 (1947); Moore _v._ New York,
333 U.S. 585 (1948).--Both cases reject the proposition that the
commandment of the Sixth Amendment, which requires a jury trial in
criminal cases in the federal courts is picked up by the due process
clause of the Fourteenth Amendment so as to become a limitation upon the
States.
[874] Fay _v._ New York, 332 U.S. 261, 283-284 (1947).--Since Congress,
by way of enforcing the guarantees contained in the Fourteenth
Amendment, has, by statute [18 Stat. 336, 377 (1875); 8 U.S.C. 44], made
it a crime to exclude a citizen from jury service only on account of
race, color, or previous condition of servitude, the Supreme Court
"never has interfered with the composition of State court juries except
in cases where this guidance of Congress was applicable." Without
suggesting that "no case of discrimination in jury drawing except those
involving race or color can carry such unjust consequences as to amount
to a denial of * * * due process," the Court has nevertheless required
that a defendant, alleging grounds not covered by that statute, "must
comply with the exacting requirements of proving clearly" that the
procedure in his case was destructive of due process.
These statemen
|