The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-06-28
v, ]. GAYNOR FOR LIBERTY.
THE SUPREME COURT JUSTICE
ALARMED AT LICENSE or POLICE..

u a
Arrests Made Utterly without Authority OF
Law and Approved by Coed People VINO
Think They Are Made with Good Mo-
- tiye-Raits the BASIS OF "Protectton."
Supreme Court Justice William j. Gaynor
OF Brooklyn yesterday sent this letter 70
M. W. B. Verrap,: in response to his re-
Quest for s1vice in regard to the organl-
cation of society for resistance to ponce
OPP. ~ssion'
sDEAR SIR: Your letter asking for my
advice about forming a society FOR the
protection Of the right and liberty OF the
individual a. guaranteed by the Consti-
tuition OF the United States and OF the state
against the constant violations thereof by
the police Of this city, at the commands
Of those in rulership over them, ID at hand
Such society could by moderate and
judicious action finally stop the criminal
lawlessness Of our police officials In re-
curing policemen to invade and RAID
houses and other places without warrant
and make arrests without warrant LOT
nothing, or for misdemeanors not com
mitted in their presence. The rank ana
file Of the police force are not to blame;
they are required to do this unlawful work
BY those who rule them. Outrages by
individual policemen are rather rare, and
are comparatively trifling. AS such law
less arrests and invHsions by those who
control the, police occur, protests could
be made TO the Mayor by your society.
II they proved fruitless, the Grand Jury
could be applied to to indict police officials
L. ioh xvh
dangerous deusion that they are above
the law and can trample on the legal lmi-
tations which the people, taught by the
experience Of former times, have by the
law set upon their powers. The idea that
the police. may trample under foot the law
regulating their conduct in order to make
other people observe the law regulating
t,seife u esronee, indeed. 1t is wholly in
consistent with free government; it be-
bfes to despotism.
There seem to be more lawess and brutal
arrests and house invasions than ever be-
fore h the city of New York. Within a
few weeks over one thousand persons.
men and women. have been arrested in
patches and locked up over night without
belnk even 80 much as accused by the
pofioe or any one else of any criminal oflense
whaee*er. Many Of these people were mere
visitors to the city, who stepped into the
cafe Of some licensed place and in little
while found themselves locked up for the
night. The recent lawless and brutal arrest
aud Interrogation in that way of 1928 persons
in Ma nhattan by Capt. German is only
sample. He and retinue of his policemen
arrested these people at the cigar counter
and bar, and seated at the tables, in the
cafe on the street floor OF hotel open to the
public under q license from the State. and
where any ore had right to be. They did
not let soul escape.
"Gapt. German had no warrant for their
arrest and saw none of them do any criminal
act. much less all of them. After keep
ing his l28 viotins locked up over night
in. crowded and filthy cells he arraigned
them before Magistrate Crane next NOR
ings and the newspapers told US what there
ireWred. also took pains to ascertain
the facts from an authentic source. We
would be loud in denunciaion OF despotic
power II we read Of such an occurrence in
Russia.
The prisoners being arraigned and ALL
ing the courtroom, the Magistrate asked
Capt German, what charge, do you make
against these persons?' Il make no
charge answered the captain. Then why
did you arrest them and bring them here?'
asked the Magistrate. ITO suppress vice"
answered the captain. wholly unconscious,
apparently, that there are more vices than
one. and that he was guilty Of most dam
gerous vice to society by his lawless con-
duct. did you see them commit any
criminal of1ence?" inquired the Magis-
trate. no." said the captain. The Mag
istrats told him he had committed a great
wrong. He could have told him that he
had committed the grave crime OF OPP
precision defined in the Penal Code, and
held him for trial therefor. When you
stop to consider that the only reason why
policeman may arrest person and bring
him before a Magistrate at all without a
warrant is to make a complaint OF some
criminal ofense against him, and have
hin, tried and convicted thereof, the con-
duct Of this captain in arraigning so many
persons before Magistrate only to say
he accused them Of nothing and saw them
do no offence. would be laughable II it were
not 90 dangerous to the perpetuity OF our
free government.
!. capt. German has not been tried and
dismissed by the Commissioner for his
criminal conduct, nor has he been indicted
for IT,. nay, he has not even been repri-
mandeds Those officially over him seem
to approve Of his brutal lawlessness, His
conduct may have been the res ult OF ig-
norance. for incredible as it may seem in
any enlightened community not only the
ordinary policeman, but the police SER
GeSpts captains and inspectors in the city
81! New York are appointed and promoted
without any instruction or examination
whatever IN respect Of their right or power
to enter houses or make arrests or meddle
With people, Though this seems to be
beyond belief, it is literally true. They
ere jlist appointed and let loose on the
community Is the same also true, as q
1lla, Of Police Commissioners?
81 In the very same way batch OF seventy
vera arrested while seated at tables in a
public restaurant licensed by the State
over here In Brooklyn, locked up over
night and discharged by Magis, rate
a,sasmornink forlack Of any charge against
thern.~ No one kROws Why they we're raided
and arrested. They were in q restaurant
Hkieh b g. rival OF another rest aurant fol
aftsp-theatrs custom. Are the poliot
- serve one rival by extinguishing the
3thef! Batthes Of 6s persons, $50 persons
7kIep pp through a long list, were recently
treated in the same way in Manhattan.