New-York tribune., 1908-02-03
GAYNOR HITS COURTS.
EPHOLDS THE PRESIDENT.
Meaning of Lac Perrerted by Ne70
York Judges GiTen.

Justice w j. Gaynor. of the Appellate Di-
vision Of the Supreme Court. in his address a'
the Peoples Forum in the New Rochelle iheaie
YESTERDAY afternoon on The Constitution ana
the Courts defended the policy OF PRESIDENT
Roosevelt denounced despotiszn and graf' IN 'fie
New York Police Department arrasheo 'he
trainers of the United States Constitution as not
being i'm sympathy with the rights of the masses
ard criticised the courts for decisions Whlch
contravene the spirit of the law.
There IS an erratic man in Washington sad
Jusfice dsannor we hear much about him
now but The people know who IS cratic fAey
know that vou cannot get a great man without
he has some great defect. Every purse proud
individual as well as reactionary dullard always
considers great character erratic or insane In
their Iitfeness Of heart and soul lie seems so 10
them President Roosevelt is safe ard sane
enough for the most cf Us. We ought to give
everybody his Que. whether he belongs to OUT
party or belongs elsewhere
He intimated that most Of tine clamor against
the President from wronsdoers VINO were
TRYING To U.s., the government TO enable them TO
undersei1 and ruin their rivals in business
IN the last forty years" continued Justice
t-avnor I'VE have not had AnElo-Saxon govern
,nent in this city Of New YORK Houses have
been broken into. doors have been smashed open
by the police who have not taken the trouble 10
Eet 4
government. Il is despotiSrn that permits such
things without lew-or authority except at the
instruction Or chief Of police or some one
higher up. Il has been said before and | repeat
II NOW that l,'anl. warrants. the kind of wa'-
rants that are known rs the John Doe warrants
are warrants against al OF the people because
il is possible - arrest any one Of them
NEW YORK POLICE GRAFT
-,- :, -. ,,,-o "a On bacly moro than 4
courle Of administrations in New York City 10
find that this method of visitation was used 10y
-he police to cxtor1 over S,fStitoo a year IN
revenue from gambling houses and other houses
which i is not proper "a mention For twenty
five wears the chiefs Of ro3ice OF New York CITY
went OUT Of Office hioatod with this i'll gotten
wealth Il they did not get il in this way then
we go back 70 that old question: How do
they get it? Reform used as 2 preteXt TO
,,ersecute unfortunate women and lawbreakers-
Reforn,ers sanctioned these arbitrary search
methods on the theory that the people could be
made moral with a club. but never in any way,
nv friends. can that he done except through
schools education churches and the slow process
Of eN oluton.'
Turning his attention the trainers Of the
Declaration Of Independence and the United
States Constitution. Justice Gaynor compared
them in the following language;
The Of Continental Congress VINO POM
ulgated the Declaration e lndep5nderce IN l,.o
manifested confidence in the Intelligence o ire
nsesr -, go,-ernroenf md govern themselves
They boldly declared that the consent 81 the SOY
the object Of goVeIInleri vas 20 secure II 10
and The pursuit Of happiness and that when any
form Of government became deSTfucIlNe "l thest
sbofisb = i Tbey rla4e no bones of declaring the
divine right of revolution against governments OF
But the spirit which animated and controlled the the
majority Of the who composed the convention
Of I7G which after our indep enieace vas
achieved To frame rev coiis1 uIon &g l y GO III,
little and many them nons at all in the fitness
81 . rraneIry aristccracy. They successfully oI-
rosed the election of he President. the judges the
6eT Gi eaqS TheT eI eft 6niy the election Of he
he's Of the fto1st oI @ +1 rsa5 W % 49, The
President should be- elected by the people Mason
character for Chief Magistrate the people would
be unnatural as TO refer a trial Of colors to d
That was how much he believed in the fitness of
ueo9le choose their rulers and govern ITEM
selves and his sentiments Were those Of The great
majority of the convention Ihey hnaiiZ go! Ile M
TO body electors. be chosen by the people in
each staie These I" @ c"o were 80 some jnoc
Gus individual. safe and sane man. as Inc
would az least ,,s pe @ acl.e "a ti TeoIe and choose
their ralers fer them. since the people as whole
are not fit do il themselves; But so far was
they had even intelligence enough 10 make dead
letter and mere useless formality of The whole
scheme when ii came into operation They simply
in their party conventions and choose their
candidate and force the electors to accept him
They know safe and sane man also-one who will
he safe and sane TO them, and not 10 few favored
individuals.
dictionary dullaTl. always considers a great char
eTratc insane In their littleness of heart
knew that Frederick the Great insane.
though he was called ali over Europe. just as
well they know and understand Theodore
Roosevelt
THREE NEW YORK DECISIONS.
Justice Gaynor then enumerated and spoke Of
the chief guarantees and restrictions contained
in the bill Of rights. commencing the for
the manner in which they had preserved them
inviolate and annuIled void all statutes inn
pairing them. He then said:
they have not begun % arrogate To themselves
power OF declaring statutes void which
The tendency OF government and Of all depart
nlents OF government. always Was, and / suppose
aIWays VIII oe, 70 qfa~ power unto tse1-io eH,
that tendency The Judges should therefore be
government, and they should themselves carefully
weigh and consider their conduct. especially
I2ls I'M. M.t ol IN tas tlii.hlis peoi1
their powers in some recent decisions
Justice Gaynor then spoke of three decisions
declaring acts of the Legislature of this state
void, follows:
Some humane and charitable men and women in
habit visiting the tenement houses OF New
York City found tobacco bsing ctured in
tenement rooms. The mother and little children
all only breathed its poisonous and sicken-
ing doors ali dav hui all night and every day and
night OF ,heir lives. sleeping waking, their
scant quarters sometimes only one room. The
suit TO their health VAS apparent. The Legis-
iature. at the instance of these humane people,
r1anufacture Of tobacco in such tenements. and
II