New-York tribune., 1905-12-31
GAYNOR FLAYS POLICE.
L,AWLESS RAID THE TEXT.
Calls Retention of Men Who Ordered
It a Crime.

-,oroving on the heels Of the affirmation by the
appellate Division IN Brooklyn. that Commissioner
yoAdoo had no right entirely to shut of vehicular
.rsHo in Brooklyn Borough Hall Square. Justice
csvnor yesterday handed down a decision favoring
John Devlin in his suit against Mr.. McAdoo, IN
snector William J Hogan and Captain William
Todeins for trespassing against the University so
,sl Club OF which Mr.. Devlin is the president,
7hfs was the last decision of Justice Gaynor as q
trial justice before going into the Appellate Di-
vision
Justice Gaynor criticised the Police Department
z-itb vigor Frederick B. McNish represented the
rlaintif and Assistant Corporation Counsel Breck-
enr3dge represented the defendants
The decision says that squad OF policemen IN
H. ,ha orders of the department. smashed into tne
T-,ivsrs,tv Social Club last September The ooo1
s1d windows were broken with axes croWDais ~ Ano
o.her instruments. The interior OF the cIuD vas
completely wrecked
T,stfce Gaynor says IN his decision;
~. .as. d,soloses again the absolute disregard
and contempt OF the rulers Of the ponce ~ 1Ti
the city of NewTork for those @ fh Woof of our
Se Government and Of free government W4tg
exet Freedom of speech Of the PTe9S S553ss % con-
semby and immunity OF person s StT nIsrnrnent and
sti+l,te the difference between free go'eiii1-i
despotism- ...- ,a--. show that the po-
nc Nv ana safeguards Of the immunity o. fonsti-
ion Of the United States and In The the pS onirT and
or constitutions of every stare IA IL 10 ,11,Tat ty and
which me %i Peep are now shedding their blooa 20 20
attain The same as & PasI o6tr shed theirs to the
sane eo governnent does not exist where sT o
aaall;SoIss bsbfIalv do what the ponce Lon+rory
New-York City did IN this case oses ON e are sacked
tbe T21Issian system exists, Where Soreeted and
& 1eCne are cuffed about ana aIteSST t1I+ inst
lockeo up seeTot or his agent says So lhta s al
sIs CAPABLE of doing what lnes5 .ppftlellv doing
ca IN oor5s LIS Of this court attest should DC IN
rs tLLS - -aT7ain in their official poslltos
81
Tinb the educated and thinking ot the polls
ro-ornunitv have repeatedly TeseLLETi+V TeseLeSri comes
eg5 vii resent again when opIorIoIy reyrnen under
In September last a sqlao. sq. VI mashed into the
the oIttfoIIee oIuEthfh through doors and WlnuoMs oDd
means of axes, oe weapons smashed the interior
sao-s and partitions and the cEa-Ls' LIE shelves
siden9eriis iiss and a Of the fixtures ana
IN the place. The photograpn1s e' vas completely
TecTed Nothing more v.anton eL1o ant the many
eyer proved 1cb II have been Supreme CoqT5 956
~ he last few years The me f @ba house and
seized, knocked about and Pur OUT % '--'
warned never TO come PaSh- without a warrant,
ID more than that, without parq@Gle @ ev an one in
81 anv criminal offence whaieEe1 y Sava been re-
Ihe salG m 70 this time In some Of these bt no
sf5s arrests were made ana N soI T-ee+AS had to
-a9s - rs T1roduced, and those eTIese ,1,I5 he
evidence Was 5,spcberred When the house wou1 s o ~
ensirsd the defendants Would sbaTafeiy sem resorted
oh TtoIerce and in the eyes OF tlS 71rIyate
Of officials u policemen stationed At e5e
door and the stairs 10 PI0'e"'
tering. ~, .bo,,+ o11r present police
rulers IS as Being 50 good that they tba may aw do not
rdT how good they are. bur 40 6G 20 override the
cal is good en2TEh 70 bo oe thinks himself better than
& s s% sRo or above the law is the the w0Fs5 w6as au are
- ts al important that they reIpeIsL ot set
d42 that good ocals IN cIss g09d IeS IN bad times
eaG eatTy Of houses was long qSeq 70 0extort
rulers OF ne P Poi over 50 600 900 year was COZ
none Nv them in that way. enabling {ne And it
Iecteo o5 s+s- another with great weaLSl we. eeain
uIe +bix2 one a. he used for the same purpose
8it be not pat an ne sii asked what are the police
rulers n to DO If they cannot get am any e4npSc DO
ensEs, % E-e, suspected murderer has ~ IN ief
sIo5e # you cannot get evidence e smaller ofence
s5-e --eonie who only commit me s1a@ss-aee and
a4ope e. +PP;,p PtoPi with each other on hoTseIa
1v--,4iTg +Se bet on card