Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-04-18

l ROSTRUM
Asks Jury Bm Referendum.

the recent dispute on the noor OF Ine
Assembly as to the attitude of organ
lied labor on the proposed change in
the method of drawing juries.
1t cited the recent arrest in Pater-
son of William D. Haywood, who was
held under $1,000 bail for the grand
jury, on the charge of unlawful as
sembly. and laid especial stress upon
the fact that it was a Supreme Court
Justice-"appointed by the Governor
at Trenton, free from political bias
and inf1uences''-who gave Haywood
his freedom.
assume the purpose in referring to
this incident was to illustrate that tbs
rights of a worker or labor leader
would not be jeopardized by the pas
sage and enactment of Jury re-
form" measure, as advocated by
President Wilson, and concerning
which considerable discussion has
arisen in our State during the past
three months.
1t can hardly be denied that the ac-
ton of Justice Minturn, in discharg-
ing Haywood from custody. rectit1ed
blunder that had been made by the
police and the recorder of Paterson.
1t is admitted that Haywood, at the
time of and prior to his arrest. was
acting in a peaeeable and law-abiding
manner. He could have avoided ar
rest by stepping over the city line,
but the city authorities apparently
played into his hands by making a
martyr of him.
One might also be led to believe by
reading the article that organized
labor was divided on this question.
Citizens are agreed that abuses
have crept in through the present
system of jury selection, but there
is no reason, so far as / can see,
for any doubt as to the attitude of
organized labor toward any measure
| whose purport is to take away from
| the people their right to repudiate
| and punish those who have been
faithless to their trust Organized
labor land | but voice what / have
heard in it's mids) does not admit
that there is a demand for jury re-
form as is contended by its advo-
Gates. The election last fall was
waged on issues that can be readily
recalled by any citizen. National is
sues predominated, but nowhere, ex-
cept possibly in an occasional edi-
| torial, could any sentiment be found
for a so-called Jury reform" meas
ure.
IT is immaterial whether jury COM
missioners would be selected by the
Governor, by the Supreme Court JUS
| tice, or our Circuit Court judges.
The effect, insofar as it would re-
move the judiciary of the State from
the control of the people, is the same.
| might go further and say that
were the question to arise tomorrow
of vesting the power of appointing
judges and prosecutors in the hands
of the Governor it would encounter
strong opposition.
While able men have undoubtedly
been selected for these positions, who
might not have been elected had they
appeared before the people for their
suffrage, it nevertheless cannot be de-
MED that the electorate has not been
In a position to show their disapproval
of decisions rendered in this State II,
recent years which, while they may
have been based upon a strict inter-
in their application. We are living in
an advanced age, and checks and
balances which might have been ad-
vlsable and even necessary at the
time of the formation of the govern
ment. are uncalled for now.
While making these positions APP,
pointive removes them from political
influence; as claimed by it's advocate,
the appointive principle leaves only
an indirect control to the people of
their own affairs. This is apparent
when one considers that the same
electorate which at a general election
vote for sheriff, also cast their ballot
for governor. Are we to conclude
then that the conscience of a voter
undergoes a change by the time he
reaches the name on his ballot of his
probable choice for sheriff or alder
man?
The province of a jury, as / under
stand 1t, is to determine questions OF
fact. It is for the judiciary to de-
termine points of law. Both are es-
sential in free country, not only to
mete out justice, but to maintain
confidence in the government as we'll
Both are part of our judicial ma
chinery, and they should be kept
separate. Neither should dominate
the other. Withdrawal of represent
alive government leads to poverty
and revolution.
The Assembly has been condemned
in some quarters for attaching a
referendum clause to the zisgen bill
Assemblyman Martin, of Hudson, has
been made special target by some
because of his defense of the refer
endum features which he so vigorous
" fought to embody in the measure
The Assembly is TO be commended
for its course. I am not influenced
In saying this through party consid-
erations. The assemblymen who
voted for this bill should be given
credit for carrying out their platform
pledges.
We should not lose sight of the
fact that under the law 1t was they
who drew the platform of their party
last fall, and they knew better than
any what they had in mind when
they inserted the plank relative tc
Jury matters, and their action, inso.
far as they embodied referendum
clause, met with the full approval oil
the trade union movement in this
State. HUGH V. REILLY.