New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-05-12
Judge Clearwater Tells
Constitution Reviscrs
Of Abuses.
SEEK TO SAFEGUARD
VOTE ON SUFFRAGE
Marshall Amendments Give
Legislative Proposals
Preference.


Albany, May 1.-THE Jury system in
this state was denounced in no uncer-
tain terms this afternoon before the
judiciary committee of the Constitu-
tional Convention by Judge A. T. Clear
water. Of Kingston, one Of the delegates
at-arge. He declared that in making
up the lists OF jurymen political pull
was the only thing taken INTO consid-
Grafton and that in country districts
the back rooms Of saloons often figured
as the scene of the selection OF the
lists. Judge Clearwater is an ex-
president of the State Bar Association,
and he has investigated the cause of
the lowering Of the character of trial
jurors at the request OF that organiza-
ton.
In only few counties. he said. did
the conditions he described not prevail.
These were New York, Kings, Queens,
Albany, Rensselaer,, Oneida, Erie, On
ondaga and Broome.
"A great reason for the general de
terioation of the jury system" he said,
II found lay in the excessive number
of exemptions from jury duty which
had been created. These exemptions
include horse doctors, embalmers and
all sorts of petty officials. Unless some
restriction is placed upon the Legis-
lature the process of exemption Will
90 on and the list be increased until
practically all persons except those
altogether destitute OF political infu-
ence will be exempted
Judge Clearwater said he believed
men doing business continuously IN
New York City who live in other coun-
ties and states should be subject 70
jury duty in this state. He declared he
would do away with all the present eX-
emptions and substitute new ones, TO
include only a few state and county Of
ficis!s, physicians, lawyers and one or
two other classes, such as fremen and
policemen. He saw no hope in the
Legislature correcting the evils in the
present jury system, saying that If left
10 the Legislature the trouble would
only become further aggravated be
cause the lawmakers would be certain
TO yield &c the peItinaclous solicitation
of influential bodies of constituents
and increase the list of exemptions"
Members of the Judiciary Committee
were Of the opinion that many reforms
in the jury system may result from
the Suggestions maui ny JuuBt 'ltdt-
water.
At the session OF the convention to-
day, ex-senator Edgar r. Bracket, of
Saratoga, lost his fight against having
a limit placed on the time that pro
posals may be introduced by delegates.
The convention adopted an amended
rule that no proposed amendments can
be introduced after June II. As orig
inally introduced the time limit was
placed al June |. Senator Bracket and
John Godfrey SAKE opposed the amend
ed rule. holding that delegates should
be allowed 10 introduce proposals I'M
I'll the convention adjourned.
Under "A proposal submitted By Louis
Marshall, the voters OF the state
would be authorized TO pass upon the
woman suffrage question regardless of
what action on the subject the con-
vention may take.
The present constitution provides
that the submi of revised con-
stitution by a convention shall super
sede amendments authorized TO be
voted on by the legislature. MIR. Mar
shalFs proposal would reverse that
provision with respect 10 the suffrage
question and provide that PROPOSE
ton submitted on authorization Of the
Legislature take precedence over ans
amendment submitted by the conven
ton. The Legislature already has au
thorized that the voters shall pass
upon the suffrage question this fall