Albuquerque evening citizen. [volume] (Albuquerque, N.M.) 1905-1907, 1905-11-16
JUDGE GAYNOR OF NEW YORK
ON THE AMERICAN GAR
From the Denver News.

The matter is very simple. There are two kinds OF
government. %despotism and free government The PEG
pie OF Russia are just now casting Off %despotism. Ana
what do we read in the daily newspapers as the man
things they are demanding in order to do i' why,
simply liberty and immunity of person and house, and
free speech. How little they seem and yet how great
they are. These are the chief thing that makes the
difference between a %despotism and a free government
namely, a government under laws made by The people
themselves.
In a despotism. in Russia, the executive officials ar
rest you and lock you up as long as they will, and in the
same way break into and sack your house or your club
or your place of business at will In a free government
they cannot touch you or arrest you or lock you up with
out a warrant obtained Of a court or a magistrate on
sworn evidence unless they see you in the act of commit
ting some criminal offense; and they cannot enter your
house or your place, however high or humble, without a
warrant. These immunities and the provisions which
safeguard them are the warp and wool Of free govern
ment everywhere.
In the city of New York these rights have been
trampled under foot by the rules of the police for several
years, and the police officials Of other cities throughout
the country are, as might be expected, following their
pernicious example. There have been more Illegal ar
rests and house invasions in New York city during the
last six years than in all Europe, including Russia, ac.
cording to careful observation. Ango-Saxon government
is practically overthrow here. Even the decision Of
the courts declaring the rights and immunities of per.
son and house under our system of government are de-
fed and laughed at by the rulers of the police.
In New York city the police executive has usurped
the legislative and judicial powers, and united all three
powers in himself. That is the way it is with the car.
That is the overthrow of free government. The first
thing is for those in office to obey the laws limiting ana
regulating their conduct and powers. The notion that
they may trample on the laws limiting and regulating
their conduct and powers in their efforts or pretenses to
make other people observe the laws regulating their con
duct is the most dangerous and pernicious that ever
entered the heads of men. We have more to fear in
his blessed country from the vice of arbitrary power
than from all the other vices and crimes combined. 1t
brings in its train all of the vices, especially the detest-
able vices Of official oppression, extOrtion and blackmail.
The lawless raid without warrant was first used in
New York city to force the collection of police leyies on
houses and places. If they did not pay the weekly or
monthly levy they were raided, and in that way over
100000 a year was finally collected, and we saw our
chief police rulers retire one after another minionaires,
and they are now living as such. Some say it is little
if any better now, but that / cannot say. only know
that the lawless raid is kept up in part by men who have
used it in the past to collect such levies. One of them,
a captain, confessed it all before the LeXow legislative
investigating committee in 1894. He was not dismissed
from the force, but has, on the contrary, been promoted
to be an inspector of police.
Under our present system of government even a
murderer cannot be arrested and held without evidence,
let alone people suspected of petty ofenses, such as play
ing poker and betting on horse races, for which lawless
raids and housebreaking or arrests without warrant or
evidence are made continually and deiantly in the coun-
trys greatest city.