Albuquerque morning journal., 1910-10-16

anurutEnfA knbF Over Ahn "IEbHtthN
were heard for the adoption ef regu
latious covering every phase OF th'
school activities down to the power'
of precinct school directions Il u
likely, however. that whcn this com
mittee presents It's report Il Viii rec
ommeud mn article containing bnlA
constitutional provisions and entireb
devoid of legislation.
The tendency tp put legislation III
the constitution seems strong amonl
the delegates. bur il is certain 10 grow
less pronounced As the members after
studying other state constitutions be-
come more familiar with the dir
1inction between constitution making
and legislation. A certain amount OF
purely legislative matter is sure 90 be
contained ia the instrument when ~
rs finally submitted. but by many this
in Justified on the ground thar the
people must know what they are get
ting on certain important subjects be-
fore they VIII vote for ratification.
Bill of Rights.
AT a public meeting this afternoon
the committee on bin ot rights dis
cussed the proposed abolition Of the
grand Jury The meeting Was adj
dressed by Attorney General CLANCY
and Justice Mechem, both of whom
had been invited 20 give their views
for the benefit 0f the committee in
determining this important question
The attorney general though heartily
in favor ~ abolishnE the grand jury
doubted whether il could be done az
this time. He thought the people
were 50 accustomed 10 this inhtitu-
tiou that they would look with sus-
picion on ang attempt to suddenly do
away with a. MI CLANCY thought the
matter was one that should not be
mentioned iu the constitution, but
should be LETT entirely In the hands
of future legislatures, which could.
when the proper time came ana
public sentiment demanded il, make
laws modifying the grand Jury sys-
tenn or ahoiishing the Institution alto
rethef He outlined he history of the
grand jury system from It's origin,
several centuries ago. as "A means OF
protection for the people against the
fyrannieal oppression of kings, and
declared that while Il had proved q
very potent Institution for that purs
pose, It's period Of uaefnlnoss had Tong
since passed away Mr.. CLANCY ala
not believe that the people az present
stood IN danger of official oppression
and II they did, he believed that me
grand jury would most likely be the
engine used for the purpose of op-
DfthHl0U III flif fNhAnFH 'tffsfAA#fhPfff
Mr.. Clancy pointed out, no mention 10
mnde of a grand jury. Fifteen years
after the adoption Of this Instrument,
the legislature enacted q law abolish
ing the grand jury except In special
cases, The system has worked 50 wen
that only two or three grand 1uries
have been convened In the state IN
over thirty years The great reduc-
zion Ia court expenses which could be
made WIS another reason nfged
against the continuance OF the pres
cnt system. Mr. Clancy saw little
merit IN the argument that proaecu-
tors might misuse their powers IN the
event they were left as the sole Judges
Of who should be prosecuted for a
crime He thought that man
charged with this great power would
be extremely careful about the exer-
s.ise Of IL, and he saw VASTLY more
danger Of an innocent man being
wr0ngfully charged with crime by a
grand jury Of twenty-one, men. none
OF whom could he held responsible
for the action owing TO the secrecy
with which the law surrounds the
grand jury room. than by district at-
torney alone The attorney general
also pointed out that as a general
thing. prosecutors now get about what
they want in the way of indictments
without responsibility for any OF them
that may be wrongfully obtained
Judge Mechem agreed with Mr..
Clancy and favored the adjustment
Of the grand Jury IN all save extra
ordinary cases, among which he
ihouttht should be inquiries into Off
-ycial conduct Of public officers. lie
ala not holiovo the people over the
whole territory were welded TO the
grand jury system. and thought y
WAS a sectional question which could
be well left 10 the legislature for de-
clsion.
on the question OF requiring less
than unanimity la the verdict of
petit jury, Judge Mcehem was heart
iIy ia favor of the plan IN civil cases
but was strongly opposed to Il ~
felony eases and doubted It's wisdom
IN mindemeanur cases. He thought |
nine out of the twelve would be
about the proper proportion TO return
a verdict IN a civil case. The present
system. said Judge Mcchem, had been
the cause OF u vast amount OF cor
ruption and attempted corruption, nnd
prolonged and useless litigation, that
was a disgrace TO our system of iurls'
prudence.
Mr. Clancy also favored the plan
advocated in the committee ana went
further IMAM Judge Mtchehl, ~ thAi
he advocated less than an unanimous
verdict in criminal as well AS civil
cases He said there was nothing
sacred In the number twelve and did
not believe there was any danger that
ten Jurors would be more likely 90
convict an Innocent man than the
dozen good mon. aud true. whieh
the present law requires Mr clancy
pointed out that there was moro
temptation to attempt the corruption
OF one or TWO jurors in a criminal
case. IN which the defendant know
himself Go he guilty than in civil
ease
The entire afternoon WAS taken up
ia listening to the views ol the at
torncv general Judge Mochom ana
the various members of the commit
tee, and the subject was thoroughly
gone over hut NO decision was
rencheG II b. said that this matter
is also being considered hy suh-com-
mittep nf the committee ON judiciary
DEIEG ATE ABSENT OK
ACCOINT on ILLNESS
George r. Moffett one OF the del
cgutiou from oterO county has been
stricken with typhoid fever and is
lying dangerously il ut his home in
Oro Graudo. where he WAS taken