New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-01-31
TOO MANY LAWS,
SAYS JUDGE CULLEN
Sees in Them Symptoms of
Decline of Personal Lib
erty in America.
URGES FREEDOM
OF THE PRESS
Thinks Public Should Be Excited
That Wrongs May Be Righted-
Defends Christian Science.

Multiplication Of labor and industrial
legislation. limitations imposed upon the
press too ready use Of the military. espe-
cially in West Virginia. eugenics. ''perse-
cution" of Christian Scientists uy phvsi-
clans. excessive penalties Tor slieht Of
fences. the Massachusetts, ballot and the
direct primary. all are symptoms OF the
decline eft personnel liberty ,n America
according TO Edgar VI cullen, former
chief judge Of the Count of Appeals. who
expressed his views last night NJ meet
ing Of the State Rar Association In Car
nogle Hal
There Is strong tendency In courts,
IN legislatures. and. worst of al. IN the
people themselves. To- disregard the most
fundamental principles OF personal
rights" he said judicial decisions are
made. statutes are enacted and doctrines
are publicly advocated which when J was
young would have shocked our PEOPLE 10
the last degree In those days libel ~
was thought 20 Re the night OF the citizen
20 sct and live as he thought best. so long
a his conduct did not invade Ike right
on the part OF others. To-day according
10 the notion OF many. if not most. PEG
pie liberty is the right OF part OF the
people TO compel the other part TO 40
what the first part thinks the latter ought
to do for It's own benefit.
Governor All Powerful.
After reviewing he decision Of the
courts IN West Virginia during the period
OF martial law which obtained in that
state in iel2. Judge cullen said:
Under these decisions the life and lib
erty Of every man IN the state would seem
10 he at the mercy OF the Governor. He
NAV declare a state OF war whether the
facts Justify such a declaration or not.
and that declaration is conclusive upon
the courts II he declares only portion
Of the state 10 be in a state Of war, a
person in any other part Of the state.
however distant. may be arrested and de-
uvered to the military authorities in the
martial zone and his fate. whether i'm
prisonment or life. depend on the action
If a military commission. for | know OF
no principle which authorizes a military
commission TO impose the penalty Of i'm
prsonment that would not equally au-
thorize the imposition Of the punishment
Il death
These decisions exalt the military
power beyond any height hitherto known
in this country: Yet / am by no means
sure that a majority Of the people, indig-
nant al the many outrases and crimes
committed by strikers. DO not approve the
decisions which ! have criticised forget
ful Of the precedent they establish. II II
be true that In this country order cannot
he maintained and the law enforced by
the civil authorities our boast Of freedom
is but Idle"
Liberty Of the press. Judge Cullen con-
tinued. had been menaced IN at least one
instance by the conviction Of man who
had published matter which tended "a
excite the public MIND"
Surely. if government can prohibit
the publication Of anything that tends "a
excite the public mind" he said. 1T i'
much wiser that nothing should be pub
lished that has not been properly GEN.
sored believe that on many subjects
Il is right that the public mind should be
excited despite the disadvantages that
may come from that condition, and had
supposed It was the inalienable right OF
the press 10 excite the public on the sub
ject OF any wrongs so that that wrong
might De re0ressed.