New-York tribune., 1909-06-03
RTNGHAMS BUSY DAY.

Meanwhile Commissioner bingham Is making
vigorous efforts 10 accumulate all available in
formation about Duffy. The Commissioner had
talk with Inspector NIcCaferty. and the latter
left headquarters under orders TO look up Duffy
and all circumstances connected with his arrest
H spent the morning at the Brooklyn detective
bureau.
Acting Captain Kuhne Of the Brooklyn de-
tective bureau also was called in to see the
Commissioner and IT was understood that half
a dozen detectives had been detailed on the case
and would report 70 the Commissioner to-day.
Both Commissioner Bingham and Justice Gay
nor reiterated their position in statements and
oral interviews yesterday. Commissioner Bing-
ham said that Duffy was "a bad egg that he
was convicted even If sentence was suspended
and that It was perfectly proper to have his
rartlr-e IN the Rogues' Gallery. The law. he
said did not forbid the police 10 take complete
records. including photographs. # persons ar
rested. and only since September I. 1907. had II
required that the photographs Of persons ac-
quilted be removed from the police records. He
continued:
When the justice wrote To me about Duffy
At once caused such an Investigation to be made.
At the time ! fully expected that the investiga-
ton would result in an order removing the
MADE the request To my astonishment. the
police report. which vas printed in some Of the
morning papers. was such that as a public Off
ce- felt ] should be- derelict I'm my duty If
ordered this photograph removed
Justice Gaynors pride is hurt because am
rHt awed by a request from him affecting my
public duty. ard he i angry because he cannot
tulldoze ne"
Why is II that although Duffy has been ar
rested frequently. he has never been sent 10
3all2@ the Comnissione- was asked.
Ask the magistrates replied the Commits
sloner IF the magistrates would do their duty
ana act with the police instead OF acting against
them at times the police work would be ever so
much easier
Have you consulted with Mayor Mcclellan
about Justice Gaynor's letter."
/ have not but You can say that I am going
10 serve the 2l6 days Of my term
LAwLEssNEss OF POLICE"
Justice Gaynor asserted yesterday that law
lessness and despotisnl were rife in the Police
department under General Bingham He said
ne mad no particular answer 10 make TO the
commissioner. Nevertheless, he presented a
said:
80 case Is only that Of thousands and
Po5;osa The despotism and lawiessness Of the
u5o tn ollI5ssioner is shocking to every American
s'e"s what free government and
acquire II
hsssisn methods viii not be. further tolerated
ars heg have been so long praCtised that
acls az sense of the dignity Of free and
sso,..lg oebased- Mayors and police commis-
ieIs are no more above the law than is any
OF powers of pubic officers. and the thing
saeh limits .
biIssls under a free government cannot do as
~. ksease Ihi- is a government of laws and
ahovsi men and official who sets himself I'D
~ - ne laws is more dangerous 10 the perpetuify
rines, lsitutions and 10 the public order and hap
So So than the worst criminal.
dousP'sts az public officials. from the President
the,, ehond kick aside the restraints pat
tse sh.s aW, and do they pease-do YOU not
~ es, 60 Nat is despOtiSm? ours is a government
eontrs..u uiy limited powers 20 every ofcial. The
sft IS despotisn.
e. estrste Finn--B Battery Dan'-jumped into
o., ''htroversy regarding police lawlessncss,
- . get a chance TO sa ) a word against Com
cLner Bingham He chose the arrest OF
t-u0no Palermo an Italian rounded up on
IS d entering the tenement house at No 80
-. Street with intent TO commit larceny. as
,s.At At Tor praise Of Justice Gaynor and criti-
p u bingham and his methods. Abraham
p.,eh the plaincothes man who arrested
h.. me did NOS have mUcr evidence against