New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-23
GAYNOR WONT PICK MAN
Wants District attorney to Stop
Police LGzCIessneSS.

| In response to letter from DR.. Thomas Flour
noy of Bellevue Hospital seeking advice con
corning the best candidate for District Attorney
| In the field Justice Gaynor, of Brooklyn, replied
| that the most desirable candidate was the mar
who for one thing. would protect the people
| against lawless acts of the police. DR.. FlournoS
addressed him, he said in his letter to the jus
/ tice. because of the latters judicial and other
| public utterances concerning the enormiiy of the
acts of awlessness Of the police and othar public
officials which have been rife of late in this city
Justice Gaynor replied that he could not fit
tingly mention by name the most desirable can
didate, but would counsel DR.. Flournoy to STUDY
the record of each candidate. and then support
that candidate who would teach police officials
that no official in this country, no matter how
high was above the law could defy 1t with
impunity. His letter follows:
Your letter strongly appeals to me. but 1 do
not think 1 should pick out by name one OF the
candidates for District Attorney Of the county
of New-York I should more fittingly counsel
you TO study the character, record and bent o.
each candidate, and determine for yourselt
which OF them, if elected, will be most likely 10
summary put end to the criminal laWIess-
ness of high police officials and other ofnclals
who have set at naught and trampled under
foot in the city of New-York the essential safe-
guards OF house and of person which constitute
the warp and the woof of free government not
only throughout the English speaking world out
wherever else free government has in Gods time
and providence seen attained.
These safeguards are declared in the Constitu-
ton of the United States and that of every State
in this Union, having been put there by the peo-
pie for the reason that they are the foundation
of free government, the difference between free
government and despotism; and yet we have po-
lice officials and other officials in New York
County treating them with open defiance and de-
rision and ridiculing the courts for asserting
them Who these men and where did they
come from2 Are we going to let them destroy our
system Of government. and in the place OF
rive ant 0f Ia US a
doing as they please?
We have all witnessed from week to week. or
from day to day, mobs of policemen and other
officials. armed with axes clubs and firearms,
suddenly assailing and smashing into houses.
and then often wantonly smashing the furniture
therein even to the mirrors and the urinnls and
water closet bowls all without a magistrates
warrant. which, however, could not excuse such
devilishness. You would be amazed and your
free blood would boil II the photographs Of these
devastations were submitted you. 1t is
strange that no newspaper has ever published
those on file in police cases in the Supreme
Court. More than that we have seen many thou
sands of men and women seized in these lawless
raids. hauled through the public streets and
locked up over night in filthy cells without bail,
and bail being often actually refused only TO be
discharged in count neX1 morning for lack
of a particle of evidence or of any one to make
a sworn complaint Of any criminal offence what
ever.
This Iawlesa rule by the club. the axe and the
shelah is what IS called in fppant slang put
ting down the lid the city OF New York. 1t
is high time that the lid be put down hard
graced the city OF New-York throughout the
country and Inundated debased and degraded
the mind OF this intelligent community. There
is no contemporary parallel for 1t except in Rus
STA and possibly in some parts OF Ireland under
the mounted police there. community capable
Of even temporarily submitting to such official
oppression. one of the worst and most dan
geroUS crimes defined in the Penal Code, has
alreadY lost that keen sense of individual right
and immunity which is absolutely essential to
the maintenance OF civil liberty. When and
where i'll all the world from the beginning Of
time have women--unfortunate women, if you
wil-been treated by men with the brutality
that we have all witnessed in the city of New
York and hung our heads in shame for during
The rank and file Of the police are In no way
to blume. They have been compelled against
their will to do these lawless acts which are
disgusting to them. and have necessarily de-
moralized them. Considering the example set
them by their rulers, it is wonder the police
not loss all ciYiity or regard for the people and
their rights
assume that you know that the District At
torney Of New-York County has the power and
also that It is his duty, to put an end to this
reign Of official lawlessness and crime Which
of tine candidates would do it? Which of them
would cause the speedy arrest indictment, trial
and conviction Of any police official. whether the
head or subordinate who should commit or
order the commission of such criminal law
lessne9s and oppression? For that one by all
means vote. Do not be humbugged by talk
We are having q flood OF Ii, but the proof
OF men is their acts
The way prescribed by law is for the police
to first get evidence through their secret service
or in some way of criminal offences not COM
mitted openly, and that evidence sworn to
before n magistrate to get a warrant and cause
the arrest, trial and conviction OF the criminal.
II they cannot get evidence against a muir
dercr, they have to leave him alone. That is our
sy stem of government. and free government can
exist other basis. Under q despotism peo-
pie are locked up and held at viii. without war
rant o. evidence.
Most of these criminal police trespasses of
late have been against places where the Police
Commissioner suspects that men privately bet
Oh horse races. Well. now, to bet on n horse
race the wrong side of the fence OF the Ave
or six racetracks within this city may be a
terrible crime. but 1t is still insignificant when
with the enormous crime against our |
blessed system of government and against the |
OF public officials breaking into and |
sacking houses without warrant. and locking |
found there after the way of the Russian police
on and violate the law limiting and regulating |
people observe the law regulating theirs is the
most pernicious and dangerous that could enter
the heads of men. First OF all, those put In |
public place must observe the laws The most |
dangerous OF all men in office in a free country
Is one who sets himself up better than the
law, and therefore free TO disregard the law He /
Is either possessed of egotism to the point of |
unacy, or else he is a scoundrel who would de-
stroy our system of government and Introduce |
Russian methods in its stead. Vote for that |
candidate for District Attorney who Will at last |
teach these defiant police officials that no OFF,
rial in his country however high, is abOve Tho