The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-05
GAYNOR ON RIGHT OF ARREST.
ANOTHER STATEMENT CALLING
ATTENTION TO POLICE ABUSES.
Arrests for Trivial Causes Instead OF NotIn-
cation to Appear Opport unities for
Men or Education ami Wealth to Re-
sent Official Wrongs Done to Others.

Men OF Education ami Wealth to re-
sent Official Wrongs Done to Others.
DEAR Mr.. SKINNER: Your note calling
my attention 70 the arrest by policeman
Of bystander for saying 1T a shame TO
arrest folk for such trivial cause while
the policeman was arresting a green
grocer for selling few vegetables on last
Sunday morning, Is at hand. You well
say the occurrence deserves open COM
ment. No doubt it merits public attention.
but more particularly the official attention
Of the Mayor and Police Commissioner,
which it has of course fully received be-
fore this, although the people Of the city
have not been 80 informed. But do not
80 much blame the policeman. He was
only following examples which have long
been set him by his official superiors, to
consider himself master instead Of an
honorable servant. All in all, there are
rather few outrages on the rights and
liberties OF the citizen by individual police
men, except where they act under the
direction Of their superiors.
The material on the police force liz not
bad, and is rapidly growing better, as was
missioner Ebstein, who Is a thoroughly in
telligent official When the organized law
lessness Of the police force, which has
been growing for more than quarter Of
century during which time such force has
often been ruled by clubbers and ruffians
and Commissioners who did not know what
the phrase free government meant, instead
OF by enlightened American citizens), is
broken and done away with, we will easily
deal with the comparatively few cases Of
wrongs by individual policeman.
But the occurrence to which you call my
attention impresses me in way entirely
different from that In which it impresses
you. You speak only OF the oppressive
ness Of arresting the bystander who made
the harmless remark, while the great and
far-reaching abuse to my mind is the prac-
tice and system under which the green
grocer was seized and locked up for selling
quart Of beans on Sunday.
1T is shame to arrest folk for such trivial
cause, said the bystander; and he was
right. and tersely summed up the whole
subject The grocer was properly subject
to prosecution for violating the Sunday
law; but it does not follow that he should
have been arrested and taken to the lookup.
Citizens with households, and families,
and businesses Tor with stake in the
hedge as the phrase is) are being con-
stantly arrested and locked up by the police
in this city, before hearing for all sorts
OF trivial misdemeanors whereas, under
our constitution and laws, the only reason
for arresting persons and locking them up
in advance OF q hearing is to prevent them
from fleeing from Justice. 1t would suffice
for the police to take the name and address
of such people on the spot Ito book" them,
as it is called in England) and notify them
to be present ut designated Magistrates
court next morning at certain hour to be
complained against by the accusing police
men. II they failed to appear there, then
they could be arrested and brought in;
but they would be there.
This practice OF arresting and detain-
ing people, and requiring bail of them in
advance of a hearing for common misde-
meanors, for which no dweller would run
away land what mat ter If he didD, has
created the large and furnishing business
Of the professional bOndsmen, and seems
designed for nothing except his benefit;
for to escape being locked up. especially
for the night, people are only too glad to
hire Eondsman for s. or $50. How strange
il seems that those who rule the city and
control the police should suffer such prac-
tlce Of oppressive, wholly unnecessary and
even senseless arrests to grow up and
continued
In a large measure, you newspaper
editors and writer's are to blame for such
abuses. You do not with few notable
exceptions) call public attention to them
III an accurate and serious manner; i'll
discriminate ragbag articles carry no
weight. Newspapers and public men must
always address the best intelligence OF
the community in order to accomplish
any good result. The American people
are peaceabe and law-abiding, and the
first and great duty Of constables and police
officers is to leave them alone, unless they
see them commit some criminal offence,
which. OF course, includes all breaches
Of the peace. COnstables and policemen
are peace officers" as the law calls them.
that lis to say, their chief duty is to keep
peace and decency The law does not
make them the guardians or overseers
Of the private morals Of the community,
or put the people In Leading strings to them.
Park few days ago, and counted nine
policemen in the field during the game,
and l do not know how many upon the
stands. There were also several outside
about the entrance. Can you tell me what
all these policemen were sent there for?
Was there nothing useful for. them to do
elsewhere, or have we too many policemen?
the city, consider US such disorderly and
dangerous rabhle that squad Of policemen
must be sent to stand over us wherever
we GO and even while we are performing
the sovereign act Of voting?
Who ever saw squad Of policemen or
even one policeman at a cricket game In
England, much less intruding into and med
ding at the polls, which the law here and
there puts in the charge Of other offcials2
viii the police here ever learn, or be told,
that their place is to stand at a distance
from the polls, to b. called by the election
officials II necessary? Substantially, all
the election frauds we have had were COM
mitted under the encouragement or protec-
ton OF the police at the polls. And seldom
II ever Is policeman TO he seen in Hyde
Park, London,
But have already said more than had
any intention of saying. hope it will
soon be with us as 1t is in some other
countries, that those who are so fortunate
as to be educated by their fathers, or to
have more property than Others will help
to protect the liberties of even the humblest
and least influential in the community,
and resent an official wrong or oppression
done to any of them as being done against
all of US. We are coming toward this.
could give you an instance of it in con-
nection with recent criminal case in New
York county il felt at liberty to men
ton the name OF the eminent lawyer who
came forward without fee to vindicate
for all Of us the great question Of liberty
involved in that case OF a poor and OBJ
scure defendant. Sincerely yours,
W. j. GAYNoR.
Charles M. Skinner, ESQ.
BROOKLYN, July 4.
The case referred to bv judge Gavnor