New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-07-03
"P0LICE WERE LAWLESS."
POOLROOM MEN FREE.
GaynOr VIII Not Believe McAdOO
Ordered UhOIesale Raids.

Police lawlessness" as he terms it, was Sc
verely condemned again in an opinion. handed
down yesterday by Justice Gaynor in the Su-
preme Court. Brooklyn. in the case OF Charles
d. Hammond ard others. who We're arrested in
L raid the News Distributing and Circulating
Comapny at No. IL Park Row, Manhattan at
the time of the agitation regarding the dstri-
button of racing information by the Western
Union Telegraph Company and over telephones
rented from the New-Yor Telephone Company.
They came before Justice Gaynor on writs of
habras corpus AS there was no evidence before
him tina. the REALTORS had been unlawfully de-
taired. he dismissed the writs. bat later the
entire case was submitted to him. Yesterday
h ss1aed down his opinion discharging the
and severely censuring the police. who he
declares could have been lawfully resisted to
the last extremity, and should be arrested and
indicted for their criminal lawlessness." He
says he cannot credit the report that the raid
was ordered by Commissioner McAdoo
Police Inspector Schmittberger and Captain
Hodgkins, with twenty policemen made the
raid. They arrested twenty-one employees Of
the concern. which disseminates sporting infor-
nation. and locked them up in the station house.
They carried 10 the station all the telegraph
and telephone instruments and books and pa
pers Next day they arragned before
Magistrate Breen Regarding this, Justice Cay
says that the police could make no COM
plairt of any criminal offence whatever. and
adds:
They had seer the prisoners commit no criminal
offence, and had no evidence whatever that they
had cominltted any. Ia iact there was no criminal
oHence. NeVertheIess. the magistrate unlawtully
held the prisoners unit! day For this mad
TO have been S ms ehe d 9 es c6
plant OF any criminal offence has since been made
against the prisoners and the learned District At
torney who appears before me admits that there is
no evidence that they committed any TN. Dis;
tlict attorney ONCE mas IN no way sanctioned
the conduct OF the police. but, on the contrary.
Justice Gaynor then scores the police, saying:
The police acted without warrant. Their acts
could have been lawfully resisted to tho last ex-
tremity. They should be arrested and indicted Tor
government of law, and not a despotism. law and
trampled upon and debased. Our government is
of laws and not OF men, but such these
England the unlawful arrest of the humbest indi-
yaua creteS &c bo6 6u6c o pr @ WGM ms e0vet b
educated and wealthy are the guardians and cham
pions Of the liberties of all
After relating that Inspector Schmittberger
remarked when making the raid that he was
acting under instructions from his superior"
Justice Gaynor says:
1t is alarming enough that inspector or a cap
should commit such 4 crime against law ana order
tions to esta blsh against arbitrary force under
claim of divine right; but that police commits,
sioner, selected and kept in office by the Mayor OF
this great free city. should order Il be done is
wholly incredible do not credit II. If IL so.
then free government here would be wholly over
thrown.
But such superior orders would not shield those
who committed the lawless acts They could not
confer any authority give any immunity what
ever The police force is military, but a civil
force and its powers are most carefully limited by
laws A policeman cannot even be removed
from his office for refusing 10 obey order To-
commit lawesS act. on the contrary. is
official who gives such order who subjects him
self removal
The police officials say for their justification that
the employer of tho prisoners engaged In the
collection and distribution by telegraph ana teIe-
phone of what is called sporting news, viz, of
horse But such business is forbidden by
no law. Do the police officials assume To
make laws?
Justice Gaynor then talks about the abuse of
official power saying:
We have fear from the growth of arbi-
trary power In officials than from all other vices
and crimes combined