New-York tribune., 1903-01-30
ME-, CANS SAYS:

BY far the most insidious form Of a lie is a half
ali the 'h dangerous charm Of mtsapplied table Of
statistics The public accepts tne ~ fnd OUT
wherein they have been misapped 1t Is pIeG,se t;Se
" OF course-has told in his paper published in
The Review" for January , =. ~,
Police" the learned author impliedly asserted that
what he would discuss would be tee Gnet nnnt e5e9nt
which IL behooved the good citizen TO scrutinize
5eresis By discussing under that head the coca, coca,
sional illegal arrest he has 9leq re T g0oI the t1e
lawlessness OF the pohce.-their systematlzea cor
ruption and blackmai their alliance with the keep
rership with criminals and their acceptance OF me
eqIpS son efnsj messre i0 Also he has actually af
Sorded a new line Of defence to the blackmailer.
Heretofore the great instrument in the hands OF
those who have undertaken to weed out the cor
rupJ among the police, and thus to institute re-
form mas been the prosecution civil and eI1fnal, @
neglect OF duty 1t is rarely posslbe 10 prove
hackrail, and experience shows that the witnesses
5eo T9 bE 5nres Is n Teputsbe Witnesses can be s
duoed show that duties have been neglected ana
fio sg Jul les ao bnarhie I1oce Son,uissioner Man
ifestly. the corrupt among the police are always
and rnanifestiy they hal with joy any judicial
1Itterance which emphasizes the difficulties OF sue
oessful prosecution Manifesfy, & 100 o ansTns sqiT}
ties in the suppression OF crime tends 10 increase
fa{Inra "a s1nnress an illegal resort namely that
81 has been impossible TO do so.
Therefore 50 much Of udga T nto aTf5e heuss s
until after demand for admission has been made
and of authority has been SHOWN wlth
great formali7y and circumstance viii be a boon
to any officer who is called upon TO explain ms
failure carry a successful issue an attempt TO
make arrest OF the proprietor or a gaInpllng
10 ssv Il did All the Jaw permitted But while
was doing those things Judge Gaynor has said i l
must do. the criminals escaped over the ROOF or
snto the next house through the yard
Moreover, the natural result OF Judge Gaynor 5
article viii be to inspire the honest policeman with
tnidity in the performance Of his duty CeI1alnlyy
no officer desires call down upon his head such
10 Inspector Brooks for his raid upon Sar1eIo :,
and, certainly. officer. however jealous, VIII
fail to underestimate, rather than 10 oVerestlTnat
his authority in such case. when ne rea!lzes tndi
by failing make arrest he may be called
70 account solely for mistake OF Judgment whereas
ny making the arrest in excess OF ms aulhorltg
lie runs the risk Of criminal prosecution 49,
Had the learned author been in the position or
private counsel retained to prepare a brief for
Criminals upon their right avoid and resist
rest he could have done no greater service TO the
criminal classes.
facts But the thing has a stl graTer aspect At
The time when Judge Gaynor's paper appeared
there was pendlng IN he InaSistIate @ eoGrt a
line suggested in that paper founded upon the
sections of the law therein quoted instituted per
haps. after the interview between Judge Gaynor
and that truthful and careful person. Mr.. Can
fields attorney-at all events. instigated and prose-
Cuted by Mr.. Canfleld's manager. Mr.. Buckln, and
conducted by his private attorneys
Shortly alter Judge Gaynors article appeared the
magistrate before whom the hearing was pending
held Inspector Brooks for trial
Speaking of constitutional rights. IT is. perhaps.
7lrt one Of the least important safeguards of our
system Of government that man shall be con-
denned upheard: nor is il one Of the least honoreo
hoorsble OF traditions OF our judiciary that
opnion matters pending before the courts.
since his opinion may have weight in determining
lie in a measure deprived of his liberty of his
property without his day in court and IN spirit at