Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1883-09-17
STATE.

Sioux Falls Press.
Robert Dollard of Bon Homme and
A. q. Mellette of Codington opposed it
as being impolit;c and unwise, the latter
saying he proposed going into statehood
in good faith, and if we got into it he
never wanted to get out of it. He
thought there should be no doubt about
the object desired and if it was to be
inserted the word "secede" is better
than abolish, as it is more clear.
MIR. Campbell said it was not intended
to secede, nor was it intended to ever 20
back to territorial government.
"Then what is the necessity of the in.
sertion of the word abolish?" inquired
A. s. Jones of Hutchinson.
Mr.. Campbell answered that it was
used by other states.
A. B. Melville of Beadle, chairman of
the committee reporting the section,
thought the word unnecessary.
B. q. Caulfeld of Lawrence said that,
a state-rights democrat though he was,
he did not like the word "abolish''-that
it vas liable to misconstruction, and
should not be inserted. He thought
there was no necessity in contemplating
the use of the word abolish in conEec-
tion with the constitution. His remarks
were listened to with rapt attention.
Mr.. Campbell withdrew his amend
| ment.
The consideration Of the report was
resumed and the amendment, to insert
the word abolish" was defeated.
| 1t was moved to recommit sections six
and seven, that the question arising as
to trial by jury in all cases be settled.
&C. Moody of Lawrence-It is {
relic of barbarism. trial by juries, and i
is source of great injustice and corrup
ton. would like to abolish the whole
system of grand and petit juries. 1t il
the shield behind which rascals hide.
A man who honestly believes he has g
good and honest case is always ready to
waive the jury. 1t is farce, the expense
OF maintaining grand juries. If We
were now making a constitution for q
state already in existence, I should fa
vor its total abolition, but We must defel
somewhat to the popular prejudice il
at least limit the application of the sys
tenn in every way practicable.
J. r. Gamble of Yankton-I fully en-
dorse the gentleman's remarks. Their,
are many minor cases that should moi
have recourse to trial by jury. In cas-.
of murder it is right to have jury,
George h. Hand of Yankton-Nothinf
should be stricken from this that woul(
thereby prevent man from having tria
by jury. Both of the gentlemen who
have just spoken have practiced befor.
a court, whereby, had they themselves
been on trial before the Judge they woult
Fhave been sent to the penitentiary
Iaughter.) 1t is something that belong,
to the humblest citizen. 1t may be q
shield for rascals, but it Is shield also
for honest men.
A. B. Melville of Beadle-It may b.
we'll to recommit the sections, because
they are of great importance, and it may
be well to amend 30 that the jury may
be waived, but trial by jury should b,
kept inviolate.
Mr.. Moody do not want to be un
derstood as advocating the abolishment
of the entire Jury system at this time
but the grand jury system should be q
bolished now.
w. w. Brooklngs OF Minnehaha sec
onded those who had spoken against til,
grand jury system. He would 20 so fa
as to abolish the entire jury system
The Jury was at first intended to stanc
between the people and the Judge ap
pointed by the crown, but We select ou
own judges. The jury system is now
relic of barbarism.
Sections six, seven, eight, nine and tel
relating to the jury system, were recon-
mltted.
i A discussion arose over the l4th sec
ton, which provides that "private prop
erty shall not be taken for public us,
without just compensation therefor.
The debate grew out of an amendmen
from j. w. Taylor of Lincoln, addln,
the words first paid or secured" afte
the word "therefor." The debate wa
directed especially t. the power of rail
road companies to take property wlthou
first securing payment for it. Th
amendment was defeated.
Section l9-"Writs of error shall neve
be prohibited by law"-was stricken out
| A. @. Mellette of Codington move,
that the committee to whom section
Six and seven we're recommit
ted be instructed to report
section allowing parties the privil
ege of waving trial by jury in al
criminal cases by consent of both parties
. The amendment prevailed.
G. G. Moody of Lawrence moved t
instruct the committee to report sec
tion that the Jury system be secured t
all and kept inviolate, but that the leg
, islatare may pass law that three
fourths of jury may return final We,
dict. The motion was lost, and the re
port adopted.
3. H. EIrod Of Clark called up for 1
doption the report from the conmitte
on exemptions, real and personal, and
was adopted with o slight amendmen,
At $50 p. m. the convention adjourne