New-York tribune., 1918-01-15
Criticism Is Healthy

To the Editor of The Tribune
Sir: In these strenuous times it behooves
US to be careful of what we write and saw,
but 1T is damaging to the great cause if we
mlslead ourselves misled by others as
to the important subjects of "frce speech"
and the freedom of the press" both of
which treated in q recent communica-
ton published in your paper The same
communication touched upon the suspension
Of the writ of habeas corpus, and fear that
here, too, there may be unintentional mis-
leading
The history of the United States Constitu
tion shows that the writ of habeas corpus
as a privilege should not be suspended un
less IN case of rebellion or invasion. be-
cause 1t had been familiar means of quiet
'"s opposition to put person in Jail and
then forget about him until he passed away
lhls evil was common abroad. and our fore
bears were determined that a man should at
least be heard under writ and heavy penal
ties are inflicted for refusing it,
he practice of choking off criticism Of
ruling powers was also common and persecu
tlons were launched against those who even
dared to make fair comment upon the act.
of their governing clement The Constitu-
ton overlooked this matter. and the first
amendment of what was familarly called
Bill OF Rights at the time forbade the enact
ment OF law by Congress which should
aor'dge freedom Of speech OR of the press"
linking 1t with prohibition of laws "respect-
ing the establishment of religion or prohibit
ing the free exercise thereof or tho
right OF the people to pcaceably assemble
and to petition the government for a redros.
Of grievances
1T was argued at the time that freedom, -
speech and of the press was fundamental n
a free government. and no matter what oy,a
dcnts may be urged for d;fferan.
view the safety of cur country rests ma.
that same position. In New JERSEY tbe co,
ernor Sheriff and some other officers o..
forbidden to succeed themselves in ofioo
lor 'he very sound reason that il ua ~
"eVeo when the New Jersey constitution wos
ehacted as 1t now stands that such Office
holders would their powers to onotI.
them to force reelection. By parallel tho
iighI 10 falriy crlticise by speech and wit
lng' winch the Federal Constitution creates
must De protected as the means of BRINGING
apou' ana assuring to a great extent proncr
ue'aSlor -, on the part of officials; otherwise
'hey VIII ride roughshod over the r;ch+s -
the people and establish a eovornnant ~ y:
'orn'' II not IN fact which would be no more
democratic than that of Russia beforo 49,
revolution. e"e
~ would be wiser to rely upon the natr;o+-
.''' vi eolVofs 70 RESTRAIN themselves than
10 endeavor to force them to narrow CON-
hnes by statute. dangerous as we'll as nncon-
s"'u"onal. Many statutes ride to success
through the "police power" applied as
power putting ban on acts for the common
neaith and safety, and people concede this
ior lhe most part necessary. But in
tnese times, when the feelings of most peo.
pie are of the "touch- and go" sort. if is dan.
gerous to 80 freely attack the constitutions,
acknowledgement to the rulers and "A
the people, between whom there must he
such confidence will continue tho soil
darity established at so great a sacrifice and
expense.
Fair criticism by word or writing should
be encouraged and not made the basis for i.
characterization of the person as a "tra;+or,,
"a cheap bid for patriotism. Criticism :.
healthy and upLuiding. This is so eyen
when given in mean spirit, and il be;no
fundamental stone in the arch of our co,n
try there should be no attempt to raLo :.
the subject for governmental fiat or r,;l;t.
dictation. Apns
New York, Jan. /, 1918.