The San Francisco call., 1910-10-23
LEGISLATORS
TO BE ASKEDTO
REFORM LAWS
Bar Association Maps Out Pro-
posed Civil and Criminal
Procedure Changes
Three=fourths Vote of Jury to
Convict in Nondeath PEN
atty Cases Is Urged

Full Endorsement in nearly every par
ticular was given Friday night by the
San Francisco bar association to the
report on reform Of the civil and Grim
inal procedure in the state. with tne
exception Of minor changes the report
Of the committee was adopted as the
expression Of the bar association, and
The association viii vigorously urge the
recommended changes to the state leg
islature.
Two important changes in the jury
system, recommended by another spe-
cial committee, were adopted. Presi-
dent Curtis n. LIndley presided, the
meeting being held in the qua rteTs of
the bar association in the Pacific build
ing. Debates over several changes in
the codes were conducted spiritedly.
THREE-FOURTHS VOTE FAVORED
The most important change made to
the report of the committee was in
the proposed amendment to the state
constitution regarding conviction in
criminal cases by a three-fourths vote
OF The jury. The original report rec
ommended that the three-fourths vote
would apply in every case save where
The death penalty must be pronounced
by the court. The proposed consti-
tutiOnal amendment reads:
Article 1. section :. sThe right of
trial by jury shall be secured to
AL and remain inYiolate; but in
civil and criminal actions three
fourUhs OF jury may render YER
dict. provided, however, that in all
cases where the death penalty or
penalty Of life Imprisonment NAV
be pronounced by the court. or
where the offense is committed be
lore the adoption Of this amend
ment, the verdict must be unani-
nous.
The remainder Of the section stands
unchanged. The debate on this point
was strong.
WOULD WITHHOLD INDICTMENT
a particularly spirited debate was
held on the proposed amendment to
section 9ss of the penal code which
now provides that the defendant un-
der indictment shall be served with a
true copy of the testimony given in
his case before the grand jury
The committee strongly supported
their recommendation, which is that
such testimony be not furnished. o.
K. Cushing, chairman Of the commit
tee that prepared the reform measures.
assisted by members of the committee
and Warren Olney Jr- argued strongly
for the amendment which would have
the effect Of keeping the records of the
grand jury room inviolate. Judge
Charles H Fairan, Daniel O'Conneu
and others opposed the proposed
change.
On vote the committee was sustained
and the amendment as now proposed
would exclude the defendant from the
present right Of reference TO the grand
jury testimony
The committee which prepared and
presented the report on the reform of
civil and criminal procedure was COM
posed Of Q. X. Cushing (chairmanl,
Boutwell, Dunlap. L Harris, Beverly L.
Hodghead. Grant H. Smith and Curtis
If. Lindley. exofhcio member of the
section.
OTHER REFORMS URGED
OF the reforms suggested eight are
important They are:
1-Terdict BY three-fourths of jury in
all criminal cases, as well as civil
except where the penalty is death or
life Imprisonment
2-P~osecution officer given right TO
comment on failure of accused to tes-
tify
witness 10 be denied right to re-
fuse 10 testify in bribery cases on the
ground that they might incriminate
themselves, but protected against
prosecution for any offense concern
ing which they might be forced to
give evidence
Repeal Of law requiring that in
dicted persons be given stenographic
copy Of testimony taken before grand
jury
5-Prosecutor 10 be right to amend in
dictment found faulty.
6-Grand jury to be protected against
prolonged investigation by indicted
persons.
7-Defendants 10 be required to file an
swer 10 complaint at the same time
they demur.
s-Appeals TO be based on minute of
the court instead OF bill of excep-
tions. for purposes and expedition.
REPORT ADOPTED
The special committee on the jury
system. which also reported Friday
evening, was composed of Allen G.
Wright chairman; William Denman,
Alexander D. Keyes and ]. S. Bowie.
It's communications, which were
adopted. were to provide that the trial
Judge may charge a. jury on points Of
fact as well as on points of law in
both civil and criminal cases. and that
Juror shall be discharged after 10
davs Of service. unless engaged in a
trial. and that jurors remaining on the
panel at the end of two months shall
he discharged. This latter recommended
ton is blow at professional jury
servers.
The recommendation that the mum
Der Of Jurors be reduced from IL TO z
with the vote Of befn sufficient for
3 verdict failed Of approval by the bar
association.
1nurDNnD ApDOINTS