Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-01-28
Mr.. spruance concluded bis remarks

lie SAID that the committee would soon |
be called upon to vote on this very |
important question, and that it should
be thoroughly discussed.
at the conclusion Of Mr.. Richards
remarks Mr.. Spruabce introduced the
following amendment:
Amend section . by adding at the
end thereof the following:
mo conviction for any of the
offences enumerated in the first section
OF this amendment shall be had with
out concurrence of all OF the judges
trying the case; and upon appeal no
judgment OF conviction for any of said
offences shall be affirmed without the
concurrence OF all of the judges of the
court OF appeals trying such appeal.
The convention then adjourned until
$50 p. IN.
When the convention reassemhled
Mr.. Salisbury, chairman Of the COM
mittee on accounts, presented u report
approving bills as follows: Adams Ex-
a. 70; George W. Bonn, 81. 06; Caleb s.
Sla 43; II. A. Miller, S240; Litchenstein
& Hart, STA so; Guyer & Hardesty,
$3.50. 60.
Mr.. Spruance objected to the indis-
criminate furnishing of stationery to
the members, and said he hoped the
proper person would see that it ceased.
Dr. Pratt said he heartily agreed
with the remarks OF Mr.. Spruance.
DIR. Cooper and Cant. Dgsey follow
ed in favor OF trials nv the court, but
MIR. Martin opposed tue proposition to
take from the people tine right of trial
by jury. He said there was q feeling
among the members that the Consti-
tutiOnal Convention was better than
the Legislature, but he did not think
go. There are just as good msn in the
Legislature, be said,7 as in this body
and l have confidence in tue General
Assembly. l believe we can trust the
representatives of the people to do what
ia right. He said that when the Thir-
teenth amendment to the Constitution
of the United States was adopted there
| was sufficient confidence felt in Con-
gress to allow tine members to enact
appropriate legislation FOR is enforce.
ment. 1t is not the province OF this
convention to say how these trials shall
| be held-Ghat il question for the Leg
| isiature and courts entirely.
The convention then adjourned until
10. 80 this morning.
Dover, j an. 80 In the Constitutional
Convention yesterday Mr.. Gilchrist
presented two letters from the Equal
Suffrage Association of New Castle
county, one signed by men and the
other by women. asking that the
| Constitution be so amended az TO give
women equal rights with men in
repeGt to voting. The petitions were
referred to the committee on elections.
The convention resolved itself into
committee of the whole for the con-
sideration of the report of the COM
mittee on securing the purity of the
ballot. Mr.. salisbury presiding.
MIR. Herring made strong address
in opposition to trying Offenders against
the election law before courts instead
of juries. He held that should such
provision be made in the Constitution,
it might he loophole whereby IN
scrupulous ofiicers of the law might use
their authority to intimidate voters and
thereby aid the political party to which
such officer belonged.
Mr.. Ellegood took strong stand in
favor of the innovation. He SAID
honest men would have nothing to fear
from such law. The old condition of
things badly needs changing. In reply
to Mr.. Hering's insinuation that an
attorney general might put his authority
to bad use, Mr.. Ellegood said he had
no fear of that. The attorney. general
of the future is to be elected by the
people, and the honest Voters of the
State will relegate to oblivion men vino
would put their office to improper
use. He hoped that Constitution
| H. Il o.. ~
test of Go years.
Mr.. Smithers said he was Just as much
opposed to vote-buying and vote sell.
ing, but he thought he was not sent to
the convention to vote away the rights
of the people. He said that the vote.
stealing and the disfranchisemen OF
voters should also be considered. He
favored trial by jury.
Mr.. Salisbury called Mr.. Cooch tc
the chair and made an address, in
which he expressed his dislike fol
bribery and corruption. He said thai
when the elections were fraudulent in
many cases the people who succeed tc
Office are not the honest choice of the
people, So serious in the evil in this
State, and so loud ia the call for {
! remedy that at the opening of the con
! vention committee was appointed or
securing the purity of the ballot. He
was not willing to give up the trial by
J jury. No court starts out with the pre-
: sumption that an accused man is guilty
! He must be proved guilty. Ther'
are often men prosecuted for spite who
are not guilty. 1t 10 always easy t.
procure unworthy and unreliable testi
, mony. He was unwilling TO beIiev,
that jury could not he found VIII,
would convict. The men in jury bo,
respect their oaths as much as the mel
! on the bench. Sometimes judges err
which ia proved BY the fact that th
: judges sometimes disagree and some
} times the decision by court below j
reversed by court above. Abuse o
J the courts lessons the respect for them
Every political decision which tn,
> court is called upon to make weakens
{ to certain extent, public confidence
in that court, especially when. tn
j decision is in accord with the politica
3 faith Of majority OF the court. Thi
) convention ia asked to force upon tn
I courts vast number of political case
. right in the heat Of political cam
r raign. Tine effect would be absolute
> alarming and would increase lawess
ness. Ii this privilege is taken ava
l. there ia no assurance rnat the attorney
q general would prosecute any NOR
cases. If attorney generals had refuse
I to convict men because they did no
l agree with them politically then Their