The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-02-04
ssThira sections, Delng. IN New yor,

WIN the people endure this. outrage?
ssThird SectTen's beings in New York
h decision of the New York Police
Commissioners in the matter Of the See
ley dinner is rendered without the least
reference to the true issue in the case.
Stated in a word, this was whether a
policeman had a right to invade a pri-
yate apartment on mere suspicion and
without a warrant.
The trial before Commissioner Grant
was so outrageously conducted, that this
issue was wholly lost from sight. All the
efforts of the defence were devoted to
working up an irrelevant prejudice
against the persons who were the VIC
TINS of Chapman's raid. In reality, the
immoralities proven nave no bearing on
the case They were a fortunate accident
for Chapman; they had no essential in
fuenee on the principle involved. If the
Inner had turned out an innocent affair.
nobody will deny that Chapman would
nave been in the wrong. and that pos
sibilitys of .in~nocencesis the guiding factor
in any true judgment of the case. The
thing hat it would not have been right
for Chapman to do if the people had been
innocent. was not made right by the ac-
cident that they were guilty of impro-
priety amounting perhaps to statutory
misdemeanor.
The right of the public as against the
police are properly presented in Colonel
James brief. This paper ought to be
printed in letters of gold and distributed
broadcast as a lesson IN personal liberty.
One part of it is 50 conclusive that we
cannot refrain from printing it here.
After defining he scope of police powers
and duties with a liberaIity at which even
Chapman himself could not caviI, Colonel
James goes on to say
But these general provisions do not
change or subvert the common law or
the other provisions of the Consolidation
act, which protect private apartments
from Invasion and citizens from arrest
without warrants. They do not. in ex-
press terms, give the police any right to
enter the places specified. They certainly
do not give the police the right to fcrci-
bly, enter, without warrant or invitation.
the private rooms, or the rooms for the
time being in private occupation, of the
guests Of a hotel, any more than of a
family in a dwelling house. They must
be construed with reference TO those
right of privacy which are f~undamenta
in our law, and to those other provisions
OF the Consolidation act and of other
Statutes which regulate and limit the ex-
ercise of these general, powers.
1t was never intended by the Legfsla-
ture by these general provisions of Sec
ton 2s2, authorizing the police to pre-
vent crime to detect and arrest Offend
ers,' to enforce and prevent the violation
OF all laws and ordinances in force in said
city and to make arrests to break
down, impair or affect those safeguards
of private life which the law has main
tanned from time immemorial. If 1t was.
then private rooms, both in hotels and
dwellings. may be entered by the police
at any hour of the day or night, with
out warrant, upon suspicion of wrong
doing, or upon mistaken or malicious ru-
NOR, and the citizens SO insulted and
abused would ave no redress"
IF CAPTAIN CHAPMAN's CON-
DUCT IN THIS CASE CAN BE JUsTI-
FLED, THEN EVERY CHURCH FAIR |
OR FESTIVAL, WHERE ARTICLES
ARE SOLD ON SHARES, If IT BE
HELD AT THE WALDORF. SAVOY.
MANHATTAN, OR ANY OTHER
PLACE WHERE THERE rs a RAINEs |
Law LICENSE, MAY BE RAIDED BY
THE POLICE FOR ALLEGED VIOLA
TON OF THE LOTTERY LAWS;
EVERY PRIVATE DINNER PARTY
FOLLOWED BY CARDS OR OTHER
GAMES OF CHANCE MAY BE RAIDEDI
BY POLICE FOR ALLEGED yIo-
LATION OF THE GAMING Laws:
EVERY BALL, CONCERT OR OPERA
TO WHICH LADIES GO IN FASHION,
ABLE EVENING ATTIRE MAY BE
RAIDED By THE POLICE FOR ALL
LEGGED vIoIATIoN0F THE Laws
AGAINST ExPosERE%oR1THE PER-
SON. ass2ss
Not because, in any of these cases
suggested, the Excise law IS violated; not
because the parties are guilty Of break
ne any laws. except upon some. strained
pr stupid nterpretation.spu because
Dersou known or iff13<nnurn IL f1e