New-York tribune., 1902-12-31
GAYNOR RAPS JEROME.
C3NFTELD Raid Id WLEoo
Hot Shot from Justice-"1oo A"ch
Lozc.'' District attorney Says

Tustjce william J. Gaynor writes an article on
tbe 'IawIessness of the Police in Ne" loiA "a
sn the January North American he'Ie"'
After discussing the rights and duties OF tne
notice under the Penal Code he continues as io'-
lows:
Several typical instances of the ia~ieSf law eifv Of
,asion of houses by the police IN the Guy "a "a
New-York occurred only last Tnonth t ~ w.
sr,fFse to describe of them An dCCot.ies -
agree as TO the particulars of H. ana tne w.
statement from a truthful and carefui peTSoh
who present throughout ne .t nooSo 60 -. Il
vaded was said TO be a place OF private gam
ing A large posse Of policemen sudoenIg 5 sur
rounded it and violently attacked IL. 1ney
smashed in a window by means OF some heaVy
weapon, and entered pell nell py the preach
thus made some of them fourishing reVo4Vefs
and others armed with axes ,,
After entering the same course OF laWless
violence was continued. tn Y had search
warrant from magistrate, Jut did not act
under il in getting in. They old not present II
at the door, nor give any notice of it. nor ask
for adnittance under il (nor at all, tor that
matter, before breaking in; whereas section
799 OF the Code Of Criminal Procedure 1Whlch
only follows the common law) prescribes that an
officer having a search warrant may break into
the house to be searched only If, after notice OF
his authority and purpose. he be refused admit
tance"; and section 120 Of the Penal Code makes
II criminal offence TO exceed the authorlt!
which a search warrant confers by law.
Their conduct in breaking in was just as law
less as though they had no warrant, because
they did not act under the warrant. They
might as well have gone TO the house without
q warrant. II is only Of late that they have be-
gun TO get warrants to enter houses, owing to
recent judicial decisions, but TO get warrant
and then violate it is only adding an addilonal
crime TO that OF the unlawful invasion The
raid" as 1t is aptly called Gor lawless word
best describes lawless acO, was, according 10
all accounts. planned and led by the District At
torney Of New-York County in person-the ehiet
officer elected by the people. to guard thelr
rights and liberties. and maintain law and
order in the community; but this seems quite in
credible
--ba o-ap5 5,,y-- z4-ae in session ru+ no inquiry
was made by il into the matter: nor did any one
in the government Of the city call the police TO
account or make any protest; nor has any one
made any complaint TO the Governor Of the State
10 enable him to exercise the constitutional
power given to him for investigation. and for
redress and relief to the people, in such cases
IN a similar raid" not long ago. retainer or
officer Of the District Attorneys Office shot
down a He has not been tried for II,
nor even indicted, although no lawful cause or
justification for his act is known 10 the public
The notion that the morals of the community
can be reformed and made better. or that gov
eminent can be purified and lifted up, instead OF
being 6ebased and demoralized. by the police
mans club and IS so pernicious and dan
gerous in any government. let alone in a free
government, that no one can harbor IT whose
intelectuals are not. as Macaulay says, In that
most unhappy Of all states that is to say too
much disordered for liberty. and not sufficiently
nisordered for Bedlan'
Unfortunate women and gamblers were in the
beginning. and viii be here, II may be, at the
end. At al events. this we do know, that wher-
ever their number grows less, it will be in the
orderly brute force. but as the result Of the
moral growth Of the community, accompanied
by humane, even and orderly administration
of the law.
THE DISTRICT ATTORNEYS REPLY.
District Attorney Jerome said yesterday. after
reading portions Of Justice Gaypor's article that
he did not believe the liberties Of the people
were in danger because some policeman, igno-
rant Of the law, made an illegal arrest with
good motive "And II. n a raid on a gambling
house, the police failed to observe every tech
ncal point of law he said, the sacredness Of
the constitution and of the home is not in dan
ger There would be reason for public protest if
the police invaded any place or made any ar
rest for purposes of coercion blackmail, or for
any bad motive The severest possible punish
snent should be visited upon policeman who
violates the law fo- q bad purpose. There
should be excuse for policeman who. with a
. good motive and in the discharge Of duty,
II breaks some provision Of law in pursuit of z
criminal The police not all lawyers or
even law clerks. God forbid that they should be.
TO nay mind the occasional illegal arrests
by policemen are Of little significance compared
with the tendency Of the people to disregard the
law. What has tended more than anything else
TO bring the law into contempt is the action
Of the legislature in passing laws that are not
sntended TO be oheyed, and which cannot be en-
forced because they against public senti-
nent. Too many laws are placed on the statute
books 10 please some moral reform element Of
me people When somebody has a moral yearn-
ing the FIRST thing TO be done is TO have it
enacted into law for the government Of other
people
We ought to have two kinds Of laws Just as
The Congressional Record has two kinds of
speeches-speeches that are made in Congress
ano speeches which are not actually inflicted
or that body. but which Congressman have
leave 20 print for the benefit of their constitu-
ents- We should have laws that are TO be
ooeyed and respected by everybody, and we
should have laws which are intended to satisfy
moral pangs, but not intended TO be observed.
The trouble is that have both kinds mixed
together. and people get into habits of contempt
Cor all law"