New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-04-14
BAR OPPOSES SWAMI
Thinks Judges Court Reform
Bills Are Dangerous.
POLITICS CHARGE DENIED
"Deplorable' Proposals, How.
ever, Found in Section of
U. S. Revised Statutes.

Judge Edward Swami and the Bar As
ISOLATION are at odds regarding the merits
OF two bills designed To improve court
procedure which Judge Swami and State
Senator James ID. McCleland arc trying
to coax through the Legislature. The
queerest part OF the whole business is that
Judge Swami adopted his amendments di-
rcctly from proposals or which he says
the Bar Association had reported favor
ably
The changes would leave il to the dis
erection OF the court whether two or more
defendants indicted jointly should go 10
| trial separately or together. and would
make it possible TO include number Of
crimes of a similar nature in one indict-
ment. The latter is adopted directly from
| the federal statutes. Nevertheless. the
| Bar Association committee on the amend
ment Of the law, composed OF Clarence II.
Ashley. dean of the New York Univer-
sity Law School: Harlan S. Stone. dean
| of the Columbia Law School. and William
, Larremorc, editor of The Law Journal
wrote to Senator McClelland as follows
about this amendment:
Under the law as it has been construed
| by the most enlightened courts In the
F.. land proof Of the alleged commission OF
similar crimes by the defendant is in
| competent FOR the reason that it tends TO
unduIv prejudice the defendant in the
eyes Of the jury and multiply issues to
such an extent as TO confuse the minds Of
the jurors The defendant may actually
be put on trial for an indefinite number
of offences entirely separated and inde-
pendent Of each Other
The committee wrote II would consider
such change in the law as Is proposed
dangerous and deplorable,' and 1t had
much the same thing to say OF the other
amendment.
| In response to an invitation Judge
Swami appeared on Friday TO champion
| his bills before the committee. His an
nouncement that the dangerous and de-
plorabe" law was one contained IN sec
| tion 1924 of the United States Revised
! Statutes was received with astonishmen'
Some one suggested that there might ne
politics" in the proposed changes. botn
Judge Swami and Senator McClelland are
| Tammany men.
Not POLITICS" said Judge Swami. com
mon sense There is popular clamor ior
reform in our judicial procedure, ana " y
much better for us. gentlemen, not 10 s''
like Bourbons. intrenched in the dream OF
our own impregna blity. but to use "u'
wisdom and experience in making neces-
sarv reforms before some one, more u
norant and mere jealous. does it win
an axe ,....s
So the debate went Oh. several menosis
OF the association declaring rouhu'H ."
they cared nothing for public c!amor' Nv
con mittee finally decided TO take the 'ee
lislation under consideration anew.
Clarence d. Ashley said yesterday that
no question of politics entered into the
matter and that it was not true that the
Bar Association. seeming the lammahE
tain, from afar. had revised its views on
the bills. He did not recollect whether the
] committee had reported favorablE AZ an.
I time on one or both or the bills, out an
| the records were being searched TO nhn
out If IL were tue