The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-04
WICKERSHAM MAKES LABOR ACTS TO-DAY
A REpLY TO CULLEN ON CULLEN WARNING
DR.. Butler, Too. Defends Con-
stitutiOn With Powers to
Military Tribunals.
PRAISE FOR

The argument submitted by ex-Chief
Judge Edgar NJ. Cullen of the Court OF
Appeals that the new Constitution
should be rejected by the people because
it failed to provide that military
tribunals must not concern themselves
with civilians while civil courts are
open met with prompt opposition yes
terday by men who were leaders In the
recent Constitutional Convention.
George W. Wickersham, one of the
most ~indefatigable laborers in the franz
ing OF the new Constitution DIR. Nicho-
las Murray Butler. president of CO.
lumbia University, also an active In
fiuence in the convention. and others
communicated their opinion to THE III
positively that 1t would be a grave mis-
take TO reject the generally fine structure
of the new Constitution merely because
OF a plank which had not been built into
the structure.
Both Mr.. Wickersham md Or. Butler
thoroughly agreed with Judge Cullen
that II would ave been well II the
convention had specifically limited the
powers OF military courts. so far as such
courts could touch upon the rights OF
civilians in times of peace or war, but
they called attention to the fact that
the new Constitution lacks nothing that
was Incorporated In the old, n that for
1873 years the organic law of the state
has served adequately to protect civil
ians from the possible encroachments Of
military authority.
Remedy Later On Proposed.
Their point of view. as opposed to
Judge Cullen's fiat dictum. was that the
new Constitution is too good. too much
80 49, IA - LII
merely on the theory that some set of
conditions might arise to imperil the
Liberties of the people through the sud-
den usurpation OF power by military
tribunals. They urged that the new Con-
stitution be adopted and that later. as
could easily be done. the provision for
bidding military courts from exercising
jurisdiction over a civilian, unless en-
gagged In military or naval service. while
the regularly constituted state courts
are open to administer Justice could he
inserted into the new Constitution by
amendment, and could. If the people de-
sired. become a part OF the organic law
by 1917.
Il take it that Judge Cullen doesn't
want the new Constitution adopted be-
cause 1t doesn't contain his pet pro-
vision concerning military courts said
MIR. Wickersham yesterday. HE has
'''''N ~ 'AH INV hhu VII Allst sun
ject and he seems to hold II greatly to
heart. But the point of view is quite
absurd. You can't object to a really
good thing merely because something
has been omitted from It. The peoples
rights as regards military courts are
Just as secure under the new Constitu.
ton as they have been for 1873 years.
II a change is desired II can he made
by amendment at any time If the people
see Al.
Judge Cullen has seen fit to address
Il part Of his argument To laboring men.
but laboring men are in no more danger
than they have been FOR 13S years. and
! take II most persons Will agree that
their RICH have not suffered becaus.
Of military tribunals. In variou ar
iicles published by THE SU& | hav. en-
deavored 10 set forth she merits. as | see
them, of the various parts Of the new
constitution. To me these are great
advances over what we possessed pre-
Niously. and ! maintain that it would
be utterly foolish to rcjeC: the new in
strument merely because "A detail (Which
may be inserted AT any timcJ was not
included. cannot conceive that the
people Will take Judge cullen's view OF
the matter"