ts reflect the views of only five Justices. Speaking for
the minority (Justices Black, Douglas, and Rutledge), Justice Murphy
declared that "the vice lies in the very concept of 'blue ribbon'
panels--the systematic and intentional exclusion of all but the 'best'
or the most learned or intelligent of the general jurors. Such panels
are completely at war with the democratic theory of our jury system, a
theory formulated out of the experience of generations. One is
constitutionally entitled to be judged by a fair sampling of all one's
neighbors who are qualified, not merely those with superior intelligence
or learning. Jury panels are supposed to be representative of all
qualified classes. Within those classes, of course, are persons with
varying degrees of intelligence, wealth, education, ability and
experience. But it is from that welter of qualified individuals, who
meet specified minimum standards, that juries are to be chosen. Any
method that permits only the 'best' of these to be selected opens the
way to grave abuses. The jury is then in danger of losing its democratic
flavor and becoming the instrument of the select few." A "blue ribbon
jury" is neither "a jury of the * * * [defendant's] peers," nor "a jury
chosen from a fair cross-section of the community, * * *"--Moore _v._
New York, 333 U.S. 565, 569-570 (1948).

[875] Rawlins _v._ Georgia, 201 U.S. 638 (1906). The Supreme Court "has
never entertained a defendant's objections to exclusions from the jury
except when he was a member of the excluded class."--Fay _v._ New York,
332 U.S. 261, 287 (1947).

[876] 211 U.S. 78, 93, 106-107, 113; citing Missouri _v._ Lewis, 101
U.S. 22 (1880); and Holden _v._ Hardy, 169 U.S. 366, 387, 389 (1898).

[877] In several decisions the Court, assuming, but without deciding,
that a State law requiring a witness to answer incriminating questions
would violate the due process clause, has then proceeded to conclude,
nevertheless, that a State antitrust law which grants immunity from
local prosecution to a witness compelled to testify thereunder is valid
even though testimony thus extracted may later serve as the basis of a
federal prosecution for violation of federal antitrust laws.--Jack _v._
Kansas, 199 U.S. 372, 380 (1905).

[878] Snyder _v._ Massachusetts, 291 U.S. 97, 105 (1934).

[879] Palko _v._ Connecticut, 302 U.S. 319, 325-326 (1937).

[880] 297 U.S. 278, 285-286 (1936). For the significance of this
decision as a prec