The evening world. [volume] (New York, N.Y.) 1887-1931, 1908-12-31
ATHLETIC CLUBS
UPHELD BY COURT
AGAINST POLICE.
CONTINUED from First Pase)

the bud. and to DO this without war
rants enter with force and remain there
as long as they deem 1t necessary to
ascertain whether or not acts which
they deem msdemeanors are being com
| mit;ed or are likely 10 be committed
the Justice says.
Police Become Wrongdoors.
The duty of police officers is fixed
and defined by law, and when they act
= contrary to their duty they become
wrongdoers and violators of law them
selves. 1t is an essential of free gov
eminent that every official is himself
sub iect to the law and that none are
above the law.
"A misdemeanor must be committed
in the presence Of an officer, to give
him authority 10 act; mere. even rea-
sonable suspicion. that a misdemea nor
Is about to be committed is not sufii-
Client.
Police officers have no right, with
out a warrant, 10 enter upon private
property, such as dwellings or club
houses, because they suspect that mis-
demeanors are or may be committed
therein.
III would De dllIlCult 10 imagine d
more odious form of oppression than
this so-ca!led right 10 search private
premises 10 ascertain whether crimes
are being committed. Lord Camden de
clared that this is worse than the
Spanish Inousition law, a most daring
attack upon the liberty OF the subject.
The act Of the police in entering the
clubroom of the club is without justi-
hcauon unless they can point to the law
which sanctions 1t. If there is no such
law. and none has been cited. then the
silence of the books IL an authority
against the Police Department"
False Idea of Their Rights.
AT common law the King had no
right to enter without a warrant the
house of the humblest subject on the
mere suspicion that he had committed.
or was about to commit. crime The
Governor OF this State has no such
right. 1t seems, however. that in the
opinion OF these defendant police Off
GERS, the limitations which restrain the
actions of kings and governors are but
ropes OF sand to New York policeman.
They seem to imagine that because
they are police officials they are free
from all constitutional restraint and
have n commission that entities them
10 rove at will into the private houses.
clubs or places of business Of citizens
II cannot be too, often reiterated that
they nave no Sutn TlBnt.
The act OF Capt, Post in forcibly en-
tering the clubrooms of the Paramount
Athletic Club with squad OF policemen
and without warrant of arrest was an
There can be no, question as to the
illegal character the acts committed
by them, and that they threaten TO
do IL again. An Injunction is necessary
them from entering the cluhrooms
without a warrant or entering 10 make
arrests for alleged misdemeanor not
committed or attempted In their pres
ence"
Trying to Suppress These Clubs,
In the decision granting the Injunction
asked for by the Whrlwind Athletic
Club, Justice SeahurN saws
IAN affidavit of an Inspector Of Police
AYERS that to properly enforce the law
and prevent It's violation, II Is necessary
frequently to make inspections to ascer-
tain whether the law is being evadei,
and the police complain that the city
Magistrates will not aid them in violat-
.',rhus Inspector Thompson swears that
the great difficulty In suppressins these
clubs IL because of the ruling Of the
City Magistrates requiring SPECIFIC evi-
dence, which II IL extremely d'fh'ult 10
"This very frank declaration throws
Consideration. II shows that the police
are engaged in suppressing these
clubs, and II also shows their Inn
patience with the city magistrates who
are unwilling TO convict without specific
evidence
where difficulty in obtaining evidence
dlspenses with the necessity FOR II. The
impatlence OF the police with the CITY
Magistrates, who actually require evil
dence before they convict, points very
str ,ngly to the necessity FOR the inter
ventiOn OF a Court Of Equity
Justice McCall's Views.
T. simultaneously with Justice Seabury's
decision in favor OF these three clubs,
Justice Mccall handed down an order