Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-10-17
OUTLOOK D|STURbS
MR.. ROOT'SFR|ENDS
Opposition to New York's Pro-
posed Constitution May Pre-
vent His Nomination.
HE ISSUES STATEMENT
IN ANSWER TO CRITICS
Attack by Samuel Gompers May
Array Labor Against Him in Re-
publican Convention.
BY N, O. MESSENGER.

NEW YORK, October 16.-Frlehds OIL
former Senator Elihu Root. who, in re-
cent weeks, have noted with satisfac-
ton the growing sentiment in favor OF
his selection as the republican nominee
for the presidency and have been
adroitly using it in efforts to induce
his consent to be candidate. are very
much disturbed over the outbreak OF
opposition to the ratification by the
New York voters of the proposed new
state constitution.
They foresee two serious results II
the constitution should be rejected oy
the electorate, and in that connection
it is appropriate to observe that It's
adoption is not regarded as certainty.
They are:
First. If the constitution should pc
rejected they fear that Mr.. Root would
| regard it as a personal reneetlon upon
himself, which might turn his known
disinclination to run for the repubH-
can presidential nomination into a
settled determination not to be a can
didate for the nomination.
Second. In event of its failure, II
he should nevertheless consent to run
it is apprehended that the opposition
engendered to the constitution would
be used by western republicans as an
additional argument against his NOM
ination.
Some of his friends here who have
received reports of the feeling of doubt
among a class of republicans in the
middle west Of the political wisdom OF
nominating Mr.. Root on account OF his
corporation and alleged "reactionary"
enhancement Of opposition to him.
influence of Labor Element.
1t is said here that the reputation
by organized labor of the work of the
constitutional convention, which was
presided over by Mr.. Root, will attract
the attention of labor throughout the
country, and 1t is regarded as a serious
question whether the republican party
would care to saddle that handicap
upon its candidate for the presidency.
The question of whether that hostil-
ity is justifiable OF not is said to be
beside the point. The fact that 1t ex-
is.s viii. it is feaEsa by 1870, Ms; Roots Is
dsincnsaion the to take
untary political liabilftysatssA~t time
when the republicans will be seeking
all available assets.
Indeed, it is thought by many that
even If the constitution is ratified, Mr..
Root, If the candidate Of the republ-
cans, would still have to face the op-
position Of organized labor and that
the democratic party would play up"
The current opposition to the
new constitution blazed up suddenly,
though it is apparent it had been
smoldering for some time. The friends
genuinely surprised at the sudden
blast Of criticism and at the discovery
Of widespread individual disparage-
ment of the measure developed by pri-
vate inquiry.
Mr.. Root Makes Statement,
So menacing is the situation that Mr.
Root found it necessary this afternoon
to issue a statement defending the
work of the convention, devoting his
argument, however. mainly to the
structures of Edgar NJ Cullen, ex-chief
judge of the court of appeals. Judge
Cullen's arraignment Of the constitu-
the individual hostility, although it is
differentiated from the broad impeach-
ment of the measure by President
Samuel Gompers of the Federation of
Labor.
In a two-thousand- word statement
Mr. Root points out that the present
constitution and the new one contain
ample protection and concludes as fol-
| lows:
III we were to put into the constitu-
now proposed that no civilian shall be
| tried by military tribunal while the civil
| courts are open. we put into the con-
| stitution also a necessary Implication
| that civilians may be tried by military
| tribupals when the courts are not open
| that Is to say. II we put such pro-
vision into the constitution. when mar
tial law has been declared within a
| given district and the courts within
| that district have been closed, for the
| first time in our history the military
| commander would have tho constitu-
| tional right to try citizens for Of
| fenses against the law.
Would Open the Door.
When W reflect upon the ease with
| range that courts shall be closed in
| time of disturbance 1t is apparent that
| such a provision would be opening the
door for the destruction by military
power of the most valuable guarantees
| of our constitutional liberty.
| III had been in the convention whom
| the proposed addition to the constitu-
ton was brought up 1 probably should
have voted for 1t, not because I ever
thought 1t necessary. but as q correct
| tatement of existing law. I should
have made a mistake, however. through
not realizing the effect which ! have
just stated of putting that statement
| into the constitution. Instead Of add
Ing strength to the provisions against
| military usurpation 1t would have i'm
posed a Limitation upon the provisions
| to that end already existing and would
| have made the constitutional guaran-
tees of civil liberty weaker rather than
stronger"
May Depend Upon Conditions.
1