New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-03
Or LAWLESS POLICE

Inasmuch as Commissioner McAdoo appar-
emily had either no power or no disposition to
keep his policemen from turning themselves
into a lawleSs gang of marauders, it was time
for Mayor Mcclellan to take a hand. For the
last few weeks everybody with the least rev
erence for orderly government and the prin-
ciples Of American liberty has been scandalized
by the riottng going on in this town in the
name of law enforcement Instead Of perform
ing their duty in decent and legal manner,
the police under Inspector Schmittberger and
Captain Dooley have been on debauch Of law
breaking which would not be tolerated in any
other Anglo-Saxon community for a single day.
They have been setting an example of violence
and usurpation more dangerous to society than
an outbreak of lynching, for under cover of
their uniforms they have been turning them
selves into lynching mobs. with no more right
to respect and obedience in that career than
any other body Of rioters.
The law of ancient standing is perfectly ex-
plicit about the authority and duty Of police
officers. No mans house can be broken into
without a warrant No mans property can
be ruthlessIy destroyed. No mans person can
be wantonIy injured. The right of persons
charged with misdemeanors to bail is explicit.
Yet the police have been going about breaking
into the houses Of suspected criminals without
warrants, and then smashing furniture and
tearing down curtains as if they were conquer
ors sacking a city. And in some cases their
exploits have not even been accompanied by
arrests or by the discovery of crime-except
their own. Now the latest exhibition of con-
tempt for law is the refusal of Captain Dooley
to accept bail, and his announced determination
to infiict the punishment of night in q police
cell On those who earn his sovereign displeasure.
The law guarantees them against this punish
ment. but the law does not go" with the Ten
derloin police. who are not likely to regard the
rights of citizens merely expressed in a statute
book when they are grown so great as to dis
regard specific injunctions Of the Supreme
Court, and without warrant break into places
which the court has forbidden them to enter
unless so authorized. Captain Dooley, no doubt,
is honestly aiming TO break up the long stand
ing professional bondsmen abuse, but that could
be done by the exercise Of discretion in the
acceptance Of bail. Professional bondsnen are
reaping harvest from the misfortunes of dis
solute women, but that does not justify the re-
lection of reputable business man who comes
10 bail out a friend arrested for intoXication.
Most Of the persons who are thus harried
and oppressed are doubtless vicious and crimi-
nal Their resorts should be closed and their
business broken up. But this should be done
lawfully. Lawless enforcement of the law is
most dangerous. If gamblers can be illegally |
honest men can be and will be, as
soon as the police have an object in persecut-
ing them. The proceedings Of the New-York |
police in the last few weeks would have pro- |
voked a revolution in London century and a |
quarter ago The police think they are safe |
here because honest people are hot alert and |
the Iawbreakers do not dare fight back for |
fear of being worse treated by despotic au-
thority. The Mayor, having started an inquiry |
into these outrageous performances, cannot af- |
ford to ignore the suspicion expressed by some |
OF the gamblers that the present persecution is |
not intended a measure of reform, but as a |
measure Of blackmail They are saying that |
the club and the cell without bail are the in |
strumentS for twisting out contributions for |
the Tammany strong box which have not been
They may be wrong about this,
but the violent lawlessness of the police, SO
suddenly manifested just at this time makes
their suspicion natural