This decision seems to stand alone. A contrary conclusion was reached in Re Grilli, 110 Misc. 45, 179 N. Y. Supp. 795, affirmed on opinion below in 192 App. Div. 885, 181 N. Y. Supp. 938, which involved the right of an enfranchised woman to compel the board of assessors and the commissioner of jurors to complete the county jury lists by including therein the qualified women voters of the county. The Court said: "The only claim made by the petitioner in connection with her application is that jury service is incidental to and a part of suffrage, and since, by the recent amendment of the State Constitution, women are qualified to vote, they must be made jurors. The fallacy of this contention is found in an examination of the history of the jury system since the adoption of the first Constitution in the State of New York. While citizenship has always been a qualification of jury service, every voter has not been included within the jury lists. The various laws with reference to jurors show that men who were entitled to vote have been excluded from jury service."
In Illinois, the fact that women are legal voters for the election of statutory officers, and certain other purposes, is held not to make them eligible for jury service in criminal cases, in People v. Krause, 196 Ill. App. 140, and People v. Goehringer, 196 Ill. App. 475.
In Virginia, according to 6 Va. L. Reg. N. S. 780, Judge Gardner, in instructing jury commissioners, distinguished between the right to vote and the duty to render jury service, by stating that the former is a constitutional right conferred, while the latter is a legislative duty imposed. He concluded that women cannot lawfully serve as jurors under the Virginia statute, which limits that duty to "male citizens over twenty-one years of age," until the legislature so modifies the statute as to make it applicable to "all male and female citizens twenty-one years old."
The Court, in the Wyoming case of McKinney v. State, 3 Wyo. 719, 30 Pac. 293, 16 L.R.A. 710, seems to have been of the opinion that a constitutional provision that "the rights of citizens of the state of Wyoming to vote and to hold office shall not be abridged or denied on account of sex," and that "both male and female citizens of this State shall equally enjoy all civil, political, and religious rights and privileges," did not require that women voters be allowed to serve as jurors.