The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-30
TRIAL BY Jury.
Judge Seabury's Attack on the Pro-
posed Consultation Answered.

To rms EDITOR OF THE SuN-Sfr: II
is regrettable that the few of our higher
Judges or ex-Judges who attack the new
constitution make such little and I'M
tenab'e objections to II. The new Con
stitution must he pretty good when they
can only find small faults.
Judge Seabury's attack as set forth
to-day Ia the latest instance Of this. lie
starts with the charge that the conven-
ton was controlled by a small coterie
or corporation lawyers. One naturally
expected he would follow this W with
pointing out all the vicious things the
Constitution contained %favoring corpo-
rate interests. But no; he mentions
none nor even ~insinuates there are any.
He does declare the unQuestioned ability
OF these lawyers. This conceded. and no
charge OF their acting for their usual
clients. common sense would say that
their new clients. the people. were for
tunate IN securing such able attorneys.
II In noteworthy hat the attacks on
the Constitution from its bitterest foes.
even labor. do not point to It's favoring
corporate interests. Bu In the only
actual instance in the convention in
which corporation lawyers fought to pre-
vent an amendment really and seriously
affecting their interest they were badly
beaten. That, was In the article on taxa
ton relating to State assessment OF all
corporate personal property and both the
real and personal property OF public SER
vice corporations. That they vigorously
fought. much to t1c fear Of 4 ose Of us
who were not employed by corpora
lions. But they lost.
Dealing in general glitteralities Is al
ways safer. When Judge Seabury gets
specific he Is lamentably weak. The first
specific objection he raises. and presum-
ably therefore the most important. is AS
to the permission the new Constitution
gives to a person charge I'd with "A felony
Of the lower degrees to waive indictment
and trial by jury. He questions whether
this was not inserted to permit iniuen-
tial and powerful persons charged with
crime to waive a jury trial and be tried
by a single Judge. presumably more
easily Influenced.
That OF course would be a serious af-
fair for the State. But he oyerlooks the
fact that indictment ard trial by jury
are rights declared in the so-called Rill
of Rights of the Constitution and are
guaranteed there not as n protection for
the State but solely as "A protection for
the individual. Ii Is therefore the irdi-
vidual who is more to he considered in
any change affecting this right. and II
is entirely In his interest that this
change Is proposed. Even such a bull
wsrk OF individual liberty has been found
TO restrain liberty. Under il no one can
bc tried for q felony unless ne is first
indicted by a Grand Jury and he must
he tried by a jury. Men charged with
crime have to await indictment In jail
unless they can give bail. and Nc were
told OF cases whore men had had to lie
in Jail for five months before they could
he indicted. Grand Juries are not ALWAYS
In session. Is not that "A terrible vista
ton on an innocent man?
II Is To remedy this We permit him 20
waive indictment and go to trial at once
and ever further. IL he wishes. waive a
jury trial. as there L. also great delay in
getting Juries. II is a positive act OF
Justice TO the individual Aud II j. no;
new. We were told that IN Canada such
a privilege liz allowed. and that ninety
per rent. OF those charg d with crime
avail themselves OF it.
Yet this II the great fault which Judge
Seaburv raises against he neN 'un>ti-
tution. and it is in this real act IT mercy
that labor charges US with seeking 10
abolish trial by jury.
In whom will the aopie hay conf
dence? la The i6S delegates chosen by
them. who, understanding me evils dah
considering for five months the iufnrmg-
ton that came to them a. first hand
and weighing the arguments Tor AID
against the remedies presented fully and
directly 20 them by those most later
es;ed. come to a practically unar nous
conclusion. or the hnphazard fault finder
who knows SO little about them"
c. \. WEBER.
BEooELyS, October *.