The daily morning journal and courier., 1902-03-20
THE CON YENTlON.
DISCUSSION OF THE TRIAL BY
 JURY.
Waller Amendment Extending Jury Trials tu Actions for Damoges at Re- quest of Either Party, Defeated.


 Hartford, March 19.-The Waller amendment to the bill of rights ex- tending jury trials to actions for dam ages at the request of eiyter party was defeated in committee of the whole of the constitutional convention to-day, 63 to 50. The feeling of many delegates seemed to be that a change of this sort should be carried out by the legislature and not by the convention.
 When the convention resumed busi- ness this morning MT. Osborn of New Haven presented a petition signed by forty lawyers of New Haven protest ing against the passage of the Waller amendment
 MT Perry of Fairfield urged that the convention should use the utmost dili- sence hereafter in the dispatch of bus mess, and to test the feeling of the del egates he movedf that when the con vention adiourns tomorrow it be until 12:30 on Monday instead of on Tues day, as the custom has been heretofore. This motion was carried.
 In committee of the whole MT. Wal Ter resumed his unfinished speech of yesterday in favor of his amendment. He declared that the amendment was favored by three-fourths of the lawyers of the state and three-rourths of the people also. He replied to arguments made yesterday against the amendment by Messrs. Sperry and Phelps and clos ed with an eloquent plea in behalf of the proposed change A vote was then taken on the amendment with the fol lowing result:
 Whole number of votes cast. t..,.....125 Necessary for choice ............. 63 Those voting yes .................... 50 Whole number of votes cast ....113 Necessary for a choice .............. 57 Those voting yes ..................... 30 Those voting no ...................... 63
 After the defeat of the Waller amend rnent as to jury trials of damage suits an amendment offered by Delegate Davenport of Bridgeport was taken up which provided that civil cases might be decided by not less than nine of a jury This was defeated. Then Dele gate Maltbie of Granby offered an amendment providing that in damage cases where the defendant defaults, the judge shall pass only on the amount of damages to be assessed. This was de- feated Then the committee of the whole adopted the section No. 21 of the bill of rights just as it now stands in the con stitution. Delegate Davenport then brought up a resolution for an addition al section of the bill of rights forbidding the legislature from limiting the amount recoverable in cases of death. This was under discussion when ad- journment took place.
 At the usual conference of the small town delegates before the constitutional convention opened this morning there was some consideration of the probable time of sine die adjournment of the convention.
 Afterward Delegate Warner of Sails bury informed the reporter that he did not think it possible to adjourn before the middle of April. MT. Warner spoke of several matters which are likely to come up and which he believed would give rise to considerable debate. Among these matters are the questions of spec ial legislation, the governors veto, the pay of legislators and the eligibility of appointment of members of the legisla- ture to civil offices.