The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-11-01
THE NEW CONSTITUTION.
Judge Clearwater Commends Its Pro-
visions TO the Electorate.

Judge Clearwater C0mmends Its Fro
visions TO the Electorate.
To THE EDITOR or THE suN-sr: II
is greatly to be regretted that a Judge
OF the exalted position and a gentleman
Of the personal distinction of Judge Sea-
bury should inadvertently have fallen
into 50 grave an error regarding the
Constitutional Convention. and II Ii but
fair to assume hat his recent statement
IL predicated upon a lack OF exact In
formation. Nothing could be further
from the fact than his conclusion that
1.-The convention was controlled by a
small coterie Of corporation lawyers"
or that ut resembled a meeting or q
committee OF the Bar Association whore
a few corporation lawyers gather to-
gether in mutual admiration OF one an
others ability and discuss matters OF a
, purely professional nature Affecting the
interests of their prosperous n mo
! nopolistic clients" Doubtless there were
corporation lawyers in the convention.
but they did not control II. and II ever
there was a gathering which was char
acterized by an absence of the express
sion Of mutual admiration Of individual
ability, tho Constitutional Convention
was such n gathering.
While there was no asperity and no
personalities. yet IL was the delight OF
the delegates TO catch the moro distin-
guishcd members Of the convention trip
ping. either in quotation of constitu-
tional provision or of law or in classic
or historical allusion. The discussions
Of the convention. as Its records will
demonstrate. were OF a high order. great
governmental questions being debated
with an ability and a knowledge OF
their far reaching consequences, with a
force and lucidity OF diction which
would have been creditable in any de-
Lucrative body OF the past century.
An interesting fact was that delegates
who perhaps may be regarded as cor
poration lawyers were the very men
who most warmly cspoused the amend
ments introduced by the representatives
OF tho labor organizations. namely. the
amendment relative to the right to re-
covery for loss OF health or life result
Ing from occuputional diseases and the
much criticised amendment, increasing
the salaries Of Asscfnblymen and Sena-
! tors. This very amendment was pressed
by the representatives, of organized labor
upon the ground that the representatives
OF labor organizations could not AFFORD
to become members of the Legislature
at the existing salaries because by DIN
SO they would lose the positions they
held. sacrifice the wage they earned
and incur the expense OF living in a
not inexpensive capital and so earn
estlv and 80 eloquently was this pressed
upon the attention OF the delegates that
many members OF the convention who
otherwise would have voted against II
were induced to favor n.
The particular specification OF Judge
Seabury OF the permissive feature in the
revision giving to "A person charged with
one of the lesser degrees OF felony leave
20 waive indictment and trial BY Jury to
plead guilty and 10 be sentenced by "a
Judge OF a court OF record was neither
introduced nor advocated, as he seems
to think, in tho interest OF wealthy or
Influential ma!eeactors. Exactly the
contrary was true. 1t was first sug-
gested by the magistrates presiding in
inferior courts at tho meeting of the
State Bar Association held at Buffalo
In ~anuary 1915, and there discussed.
then laid over to the adjourned meeting
Of that association held In Albany in
March OF this year. and after being dis
cusscd there sent for further considera-
ton by that association to the Constitu-
tional Convention. where II was strongly
advocated and urged by the magistrates
OF inferior courts from different sections
or the State, their ;sivocacy being
predicated upon the fact tina men UNI
questionably guilty OF crime, willing to
SNa''N h+A'N caAaAs 81 1T nc Oh
enterIrg upon their term of imprison-
mcnt. frequently were detained in the
county Ja!ls of the various counties for
months waiting the ~empanelling OF a
Grand Jury, there being "A number OF
counties In the state in which the Grand
Jury sits but twice. many in which it
sits but three times annually.
Happening ~ have been the chair
man OF the committee on state prisons,
| 70 ANFHFN - NO.. .--l 49,
punishment of crime, the force OF the
suggestion OF these magistrates was
demonstrate 10y a collation. OF statistics
which surprised me Notwithstanding my
tWenty-seNcn wears official connection
W'ta The administration of justice and
the punishment of offenders.
Tho question presented to the people
OF New York is not whether the new
Constitution is a faultloss instrument,
put whether II is an improvement upon
existing conditions, because the world
never has seen and never will see "A per-
i"ctly iiawless code of laws. II is CON
coded that at no time in their history
have the people of New York chosen
representatives better fitted by charac-
ter. training. learning aud broadneSs OF
vision TO frame a Constitution. No cle-
ment of partisanship entered into their
consideration Of the great Fundamental
questions which the convention submits
to the people.
II is not necessary TO say that reforms
make their way slowly. and that always
there is opposition, always discourage
ment. but the nation. the State, the
community and the individual which
advances and achieves is the one that
osrires TO better things and selaes them
when they come within It's grasp. and it
Is 10 he hoped that the people Of New
Nork Will regard the new Constitution
with that breadth of view and cath
olicity of Judgment which so long have
characterized them in dealing with
questions OF controlling public interest.
A. T. CLEARWATER.
KINGSTON. October 80.
THE D"READNOUGHTS.