The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-01-23
TRIAL BY JURY
IGNORED
The Constitutional Convention De-
cides That All Bribery Cases
Shall be Tried by the
Judges.

| 11iali W AASA ny LllS
Judges.
DOVER Jan. eat the session Of the
| constitutional convention to-day by vote
| of 10 to the report of the committee on
| securing the purity of the ballot was
adopted. Irhe sections reported by the
committee as amended provide that per.
sons accused of election offenses such as
bribery, offering to bride voters of election
or registration officers, making wagers on
an election Of any sort or attempting to
influence votes by the use OF money shall
BIO tried by the Judges of the Superior
Court.
The section also applies to any attempts
at intimidating voters at any election.
Persons SO convicted shall be deemed
guilty of misdemeanor and shall be fined
not less than 800 or more than 5000 and
be imprisoned from one to five years, ut
the discretion Of the Court. The person
SO convicted shall be DISTINGUISHED for 10
years.
The section also provides that no per.
son other than the accused shall be per-
mitted to Withhold testimony at such trials
on the ground that it may incriminate
himself, but such testimony shall not be
used against LIN except in prosecutions
for perjury. Al prosecutions shall be on
information filed by the attorney General
after examination or commitment or
holding to bail by Judge or Justice of
the Peace
The case shall be tried without the in.
tcrvcntiOn of either grand or petit jury.
The accused, if convicted, shall have tho
right Of appeal to the Court of Errors and
Appeals. All the JUDGES must concur to
secure a conviction, and for a sentence of
the Lower Court to be affirmed by the
Court Of Errors and Appeals all the Judges
must concur. The sections do not pro.
hibit the General Assembly from pre-
scribing penalties for oifenses regarding
elections, other than those not mombcrs
in the Constitution.
Tho vote on the report was as follows
Yeas-Messrs. Bradford, Biggs, Burris,
Lavender, Cannon, Carlisle, Cooper. Ellie
good Dasey, Gllchrist, Hesrne, Horsey,
johnson, Murray, Or Pratt Richards,
Sapp, Wright Total-Yeas, 49,
Nays-Messrs. Donahoc, Democrat),
Herring, Union Republican,, Salisbury
(Democrat), Smithers tunion Rcpablican)
Spruance, Irregular Republican,. Total
The debate was lively and some of the
members caused surprise by their olo-
qUenCe
Mr.. Herring in stirring speech said in
part:
"Why, sir, the rcmcdyRproposod by this
report Is almost az bad rs tho evil ITSELF
alarming though itmay be. In my opin.
Ion the increase of bribery in this state
is largely due to two rcas Ons; One is tho
oycrzcalouS desire Of the dominant party
to continue in control of the Government
by the enactment of unfair, partisan lcgis.
latiun, and the partial and discriminating
exercise Of their official power. The other
reason Is the belief of tho opposite party
that they are aud have been deprived and
driraudcd Of equal fundamental rights of
citizenship under the government and
laws Of this state.
"And, sir, II Is my opinion that if this
convection shall so construct II cOnstitu.
ton as to wipe out the possibility of all
partial and discriminating laws and all
possibility Of the discriminating and
partial administration OF them by means
of a bipartisan bench aud nom partisan
juricS, composed Of competent men who
do rot desire to serve, and not of inCOm.
petrnt men who ask to serve; prevent tho
possibility of The Acknowledgement of pO-
litical "upnnents for party advantage and
guarant"c 10 all lnGn equal opportunities
and privileges without regard to party
affiliations.
Then, sir. it is my opinion, that the
bribery of voters can b. prevented in this
state 'y ordinary statutes and by the
moral sense of The people without tho
infringement Establishment of that inesti-
mahl" safeguard Of the liberties of the
peOple- trial by Jury in any class Of Grim.
inA otrcnSes
Mr.. EIlngOOd said in part. HAS trial by
Jury been q success? Ii il impOssihle to
secure conviction. The gentleman from
Wilmington SAYS he has secured a conyic
ton. That was years ago. lie could no
do it new. | want to take an advanced
stpp [ want to vote for the rCuort M IT.
come from tho committee
"Win this measure snhdna thc cvil9 7
dorbt II. hut If nnnrars tn no thn hast th,t
tho 1niud Of man can frame I wish 7
rouId check il, Thr gentleman from lrn
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nike n par.tisan n1yartHgn Trdnr fLo
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