The San Francisco call., 1908-11-20
PROPOSES CHANGE
IN CRIMINAL LAW
Well Known Attorney Makes
Suggestions for Amendments
to State Constitution
Favors Having Jury Consist OF
Eight Men in Place of Twelve
as at Present

Attorney Walter X. Fuller has inaug
rated on his own account movemer
or certain changes in the constttutlo
# the state intended TO remedy de
ects in the criminal code. In IN
urtherance of the work he has ad
Iressed the following letter to the VAR
'us newspapers of the state:
To the Editor of The Call-The
legislature of our state is soon to
convene in it's regular biennial
session. Probably every one IN the
state realizes in some measure the
urgent necessity of Improvement
in the administration Of our crimi-
nal law While in every other
country of the civilized world
crime is on the decrease. in the
United States. and in our own
state, it seems to be constantly
increasing, not only absolutely,
but actually increasing in proper
tion to population. No improve
ment in our criminal law can be
made, however, that is in conflict
with the present provisions OF our
change 1t Is necessary, OF course,
that the constitution be amended
As a citizen of this state / am
therefore sending you a statement
of certain amendments TO our con-
stitution which, If adopted. will, 1
creasing the efficiency and equality
of our criminal law.
They are as follows. the pro-
posed amendment in each case be-
ing capitalized:
/. That article 1 section of the
California state, constitution shall
be amended to read:
The right of trial by jury shall
be secured to all, and shall remain
inviolate; but in civil actions AND
IN M, THE TRIAL OF ALL PER,
COMMISSION OF A CRIME AFT
ER THE ADOPTION OF THIS
PROVISION, EXCEPTING IN
THOSE CASES WHERE THE
DEATH PENALTY BE IMPOSED,
three-fourths of the jury may rem
der verdict. (The remainder Of
the section to remain as at pres
ent)
II. And as a second and separ-
ate proposition. that article / sec
tion of the constitution be amended
clause: AND IN ALL CRIMINAL
ACTIONS FOR OFFENSES HERE
AFTER COMMITTED THE JURY
SHALL CONSIST OF EIGHT.
III. That a new section be add
ed to article 1 to be numbered
CRIMINAL ACTION MAY BE RE
MOVED FROM THE COUNTY IN
WHICH 1T is PENDING UPON
THE APPLICATION OF THE DIS
TRICT ATTORNEY WHENEVER
1T SHALL APPEAR TO THE SAT-
ISFACTION OF THE COURT BE-
FORE WHICH 1T IS BEING HEARD
THAT A FAIR AND IMPARTIAL
JURY CAN NOT BE SECURED IN
THE COUNTY WITHOUT GREAT
DELAY, AND THAT THE ENDS
Of JUSTICE Will BE con
SERVED BY SUCH REMOVAL.
THE ORDER OF REMOVAL FOR
SUCH CAUSE SHALL NOT BE
RENEWABLE UPON APPEAL
These provisions are all such as
require change in the constitution.
In order TO secure any amendment
to our constitution IL is necessary
that 1t first be proposed in the
legislature and that there be a
two-thirds vote of both houses in
favor of submitting it TO the peo-
pie. 1t must then be submitted to
popular vote and, If approved by
majority of the qualified electors
voting thereon. il becomes a part
of the constitution.
Believing that the matters above
set forth are of vital Importance to
every citizen of California and that
the people of the state should have
an opportunity of expressing their
will thereon. l would most earnest
ly request that you use your in
f1uence and best endeavors to place
these questions before the people
of your community and TO secure
the pledge of your representatives
in the next legislature to work and
vote for submitting these PROPOSE
tions to a popular vote.