The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-05
The People Of New York Have Al
ready . Safeguard Against
Military DespOtIsm.

We yield neither to Judge CULLEN
nor to VI neighbor the World in the
earnestness of our belief that the Bill
Of Rights Of the Constitution Of this
State ought to contain a clause speclfi-
cally protecting citizens not engaged
In military or naval service from the
attempts Of military tribunals to ex.
ercise jurisdiction while the regularly
constituted state courts are omen to
administer justice.
The suboriination Of martial to
civil law under these circumstances
10 Of the very essence of republican
government.
Judge CULLEN makes II perfect case
for the incorporation in our Consti.
tuition of this additional safeguard Of
civil liberty. II is not in the present
Constitution, it is not proposed in the
Constitution soon to 90 before the
people. II must he PUT there by a
subsequent process Of amendment {:
and Judge CULLEN seems To regard as
n necessary preliminary to such
amendment the rejection NJ the entire
Constitution now proposed.
We cannot quite follow the reason
Ing of the eminent and respected jurist
In this particular. II would appear
to us very much ike the Chinese
method Of roasting pig. as reported
hy CHARLES LAMB: that is. the method
Of turning the house down in order
10 cook The meat.
CUR ~neigllbor the WoIId. which
strenuously opposed the new Consli-
tuition on other grounds before Judge
CULLEN ISSUED his address 10 the
voters. ably sciZes upon this add.
tional reason for di>crediting it and
calling for It's defeat. our neighbor
points out that New York is the only
one of the forty-eight States whose
Constitution does not declare that the
military shall be forever subordinate
10 the civil power.
Well might any person who reads
our esteemed contemporaries stirring
remarks in support Of Judge GU
LENS proposition SUPPOSE that thu
ten million people Of the Empire
state stand now. and will continue t,
stand (unless the new Constitution Il
rejected in its entirety by the voter
a month hence, unprotected by an!
provision of organic law against tn
most outrageous usurpations and oI
pressions OF military tyranny.
If the new Constitution Is defeated
because 1t omits to provide Il certai,
desirable addition to the Bill Of Right
the next convention to revise the in
strument in its ~totality cannot be hell
until after an interval OF invent.
ears: that il. unless there shall b
special legislative provision for II
earlier revision.
But If the new Constitution II
adopted next month notwithstanding
its failure To include this desirabl
provision, the desirable provision ca
Ire made an integral part of the Con
Stitutlon by the ordinary process q
amendment in detail II process n
qmring two years and perhaps
campaign oi education In which "
are confident that the WORM wOul
powerfully add lis efforts 10 those q
Judge CULLEN and TnE Sun.
What. then. in the view of thos
whose only objection to the new Con
stilulion j. the omission pointed or
by Judge trILEN. is Ia be gained b
defeating il on that account in y,
Nembert
IT the NoiId is anxious about III
safety of civil law and civilian righ'
against martial aggression during Il
comparatively brief period before II
specific amendment can le made, v
beg leave to remind it Of the fact thi
our ten millions Of fellow Glitter
are not even now wholly at the mere
of the mailed hand.
This may he the only State of Il
forty-eight whose Constitution do
not declare that the military shall