New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-24
LETTERS TO THE EDITOR
THINKS LAW UNCONSTITUTIONAL
W E. Rogers Opposed Section Of Charter
Allowing Entrance Without Warrant

To the Editor of The Tribune.
Sir: In your editorial columns on tho "a oS fnss
conduct of the police in breaking into the housss
OF suspected criminals without warrants In your
columns of this morning you quote a letter nom
Justice Gaynor to DR.. Thomas Flournoy. OF Bale
Hospital. in which the justice dsnounces tina
acts in the same terms.
quite agree to the outrageous charactsS OF
some Of these acts but, unfortunately, they are
not without color Of law.
Section 2S5 of Chapter 40 LAWS OF 1Ss2 known
the Consolidation act and constituting the char
ter of NewYork before consolidation with Brook
Ign. provided that 'ff any member Of the police
force if any two more householders shall re-
port IN writing to the superintendent OF pcitos
that there good grounds for believing any
house. room premises within the said city % b
kept used common gambling house. OF Tor
Iewd and obscene purposes, for the sale OF lot
terry tickets, It shall be lawful for the supertn-
tendent Of police to authorize any member or Nam
bers of the police force TO enter the sans, who
may forthwith arrest all persons there found Of
Tending against law. and seize all implements OF
gaming" etc.
This section adopted. word for word by the
commission, of which General Tracy waS chair
man, which drafted the first charter Of greater
New-York and became Section S1S Of that charter
1 opposed it at the time constitutional grounds
and fled with the commission quite elaborate
brief. but to avail When the charter was re
vised, in 1900, by the commission OF Whlch GeoIge
position this section, being the only person Nlo
did The latter commission struck out the OPEN
ing words, IF any member OF the police force.
This left it somewhat less Objectionable but not
much AS the section stands now, the Police Com
missioner or Deputy Police Commissioner, upon
the unveri1ed complaint Of any two hOuseholosrss.
can authorize policemen to break into anyoooys
house in the most summary way Insy choose.
Now I contend that this section is In cOnIrSEsn-
ton of the Constitution of the United States Inc
Fourth Amendment to that instrument proVioes-
The right Of the people be secure In their per
sons houses papers and effects against unreason-
able searches and seizures shall not be ytoiteo ano
no warrants shall issue but upon prooaDls cause.
supported by oath affirmation, ana P5rllcul1Ly
describing the place to be searched' and the per
sons or things to be seized 49, .,n- est.
The Fourteenth Amendment provides; NO s fs
shaIi make or enforce any law which shall aDTlose
the privileges or immunIties Of citizens OF the
United States. .., - .bo p%o,,r
taenth Amendment, the United states SupIel. m
fSourt held that the first ten amendments wee sR
ncsbe only to federal legislation and psoSess6 t s
Irara NOT Intended limit the powers OF tho 0tSst
government Since its adoption, hoWe ever, tfs+
o,,rt has taken different view, and DeieSe la
- cass Is brought in the federal courts lhvoIsLs
this question this section will be declared unSoh
stIt,,tio1aI Certain 1t is that measures snoui9 Us
taken to test the law. better st,I 20 ISPS1
New-York, Oct. o. 1906