The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-25
GAYNOR DENOUNCES RAIDS.
ONCE MORE WHACKS POLICE FOR
ALLEGED LAWLESSNESS.
This Time Capt. Bourke OF the Mercer st.
station Comes In for a Wigging-Cisar
Dealer Whose store Was Under Sur
,eillanCe Gets a Permanent Injunction.

Supreme Court Justice Gaynor in Brook
lvn filed a decision yesterday afternoon
in the suit Of James r. Cullen who keeps
cigar store at 81 West Third street,
against Police Captain Edward j. Bourke
Of the Mercer street station for a permanent
injunction to restrain the defen dant from
u continual trespass on the plaintiffs prem
i-s-, Justice Gaynor not only grants the
njunc ion but lambastes the police author-
ties even more severely than he had done
in other anti-polce oppression denunci-
ations. This is the decision in part:
This is suit to restrain the defendant
captain OF police from continuing to 40 acts e
~! trpspass and violence upon the PLAINTIFF
and his place of business The nndisputed
tact, OF the complaint and afidavits disclose
~hiyh has become common in the city Of
New York. and from which no good but only
evi! can possibly come.
Third street. Manhattan. He purchased the
business Fob. |, 1909. on Feb. three police,
Gar They found the plaintiff and several
other there at ba, Eey ns p la
Very soon the defendant came in with sew
eral POLICEMEN. The plaintiff and his lawyer.
&9G aea aef9 to so M d Se wond
there and break in whenever he saw fit.
when. he went away he lClt two policemen
with instructions to stay there until further
orders They remained all day.
Neyt day the delendGMnt rn Ist ,T Tin
out of the way and went into the rear room.
We refused to leave on demand, When
H. %e S he m day he fde
ant came again into the plaintiffs store and
stationed three policemen there for several
como in front with several policemen. BY
his order the gong OF this wagon was loudly
nns io e hcm bad the wa .e We up and
down in front of the plaintiffs store for half
an hour the gong being rnnr n Az the While lie,
tho defendant withdrew he left one police
man in the store for the day.
tins store again with several POLICEMEN.
and stationed two there for the day. During
ali of these days the defendant also had one
the sidewalk in front Of the plantihs store.
Who called out 10 every one Offering TO enter,
liable to be arrested il you 90 il there" OF
course there was no poolroom. Tor pools
have not been sold in or about the Gity y, OF
the defendant suspected that the plaintiff
allowed secret betting in his place on horse
All of the foregoing was done without a
warrant. and no arrest was made. from
first to last the actions Of thus deteh 1orna
He seems to he possessed OF the dtnlson
TINT he is under no restraint whatever by the
inunty 70 knock people about and do as he
II il incredible that a police captain, har
boring The notion which tlis one does in re-
card to his powers could have got on the
nolicn force at all. and much more incredible
That he should be, permitted to stay there;
not Informed by his official supcriors, that
the vice of arbitrary power which he INDUCES
IN is far worse vice, and far more dangerous
20 society and to our system, Of government.
t ,rain a. horde Of vices, and especially the
dneplcahle vices Of oppression. eNtortion and
il may may be that this plaintiff is addicted
10 the vice OF private betting on morse races o.
vice pgShiG o tbs s Of on hs Se cr new
York. and that he allows such betting TO be
privately rractsed on his premises II 60.
piain 1t is, also effective; The. way, and
'hc command of the law Is that evidence
Of the fact be first obtained. and that there
Such a course would beget wholesome re-
rpocr and fear Of the law. and even rev rev
CONVICTIONS would be sestNe TO esSfn eas
lawlcss. spectacular raids not only deeraas
the law, but do. no good TO OBTAIN snch
et shs p se4ScS rra be asked
what ia to be done if no evidence can pc
obtained?" the answer of the law is emphatic
am Informed that since this ease case d MS
on on nacc but ut sa
in court there was no evidence to sustain
the charge. This defendant is free TO get
evidence and get another warrant; but unless
he can do so he must not further modest.
this plaintiff. :, -
L hope / may pronerly say that i s seems
defend the police in unlawful acts like those
here disclosed His official duty is. on the
CONTRARY to advise the police of the ef Stsn
of their powers. and to refuse to uphold them
in INV violation of the law