The evening world., 1909-02-16
POLICE ROUNDLY
CONDEMNED BY
JUDGE ON BENCH
Brutality Oppressive in Case of
Mrs. Carrie B. Colby,
Granger Says.
PUT GUARD AT DOOR.
Inquire Business of Visitors and
Accompany Them Into
the House.
PUT GUARD AT DOOR.

Justice Erlanger, In the Supreme
Court to-day while denying an iniunc-
ton asked for by Charles l.. Hoffman
In behalf OF Mrs. Carrie h. Colby, who
owns the house and has for ten years
kept fashionable boarding house at
No. l42 West Flfty-fourth street, to stop
Commissioner Bingham and Capt DAILY
OF the West Forty-seventh street sta
ton, from keeping policeman at her
gate. denied 1t to give the disputants an
| opportunity to exhaust their legal
rights In the Police Court. He gave
leave to renew the application later on
with an opinion In which he condemns
police methods. Said Justice Erlanger
by this Injunction It is not sought
to restrain the Police Commissioner
from enforcing the criminal law. nor to
interfere with him in the performance
Of his duties; but 1t Is sought to restrain
him and the Captain from pursuing a
course which, II the facts as stated BY
Mrs. Colby are true, presents case OF
gross and brutal oppression and, in the
last degree, an assumption OF authority
which the police do not possess.
Assume a Dictatorship.
without charging Mrs. Colby with
the commission of any crime, or pre-
senting TO the Police Magistrate any
evidence upon which warrant could be
obtained, they have assumed a dicta-
torship over her and her home which
no court OF justice should tolerate or
approve.
She states in her affidav!ts that they
have stationed an officer In front OF her
house who inquiries OF every caller his
business and the purpose OF his visit
Not only that. the officer assumes to
follow callers into the house and to
remain until the visitor shall leave.
This is abhorrent to all sense OF jus.
tIce The police should know by this
time from repeated judicial 'utterances
that they are not above the law, and
have no right OF dictatorship over the
citizens, whose servants they are. The
very fact that they do not arrest Mrs.
Colby or make any charges against her
OF a criminal sort increases the enormity
Of the wrong that IS being committed.
II she were arrested she might have
her day in court to meet any charge
against her, but they arrogate TO them
selves the arbitrary authority to Invade
her home and presume to pass upon the
responsibility OF her visitors.
They suspect her Of committing a
m!sdemeanor. but are guilty OF q more
serious infraction OF her rights than Is
the offense o! which she is suspected
They violate her rights Of property and
Of liberty and are common trespasser'
not occasionally. but continuously,
Play the Autoerat.
This Court is not so feeble that Il
cannot restrain illegal trespass. Hers
Mrs. Colby charges that the peace Off
her before any tribunal, but, in ths
cloak Of an autocrat, determines VIVA
snail transpire in her home and whc
may visit her. II equity cannot ale
such. cause, then all her powers arr
visionary, and the boasts Of the law tina
there is no wrong without remedy be
come but well-soundng phrase"
In spite OF this strong argument II
! favor OF an injunction. on the conten
| ton Of the Corporation Counsel that III,
: decision in the case OF one Delaney
t similar to Mrs. Colby's, that the proper
remedy for such an invasion OF heI
l rights is prosecution Of the Commits
7 stoner and captain In the Cr'mina
Courts for oppression. Justice Err
: LANCER finds himself forced to deny tn,
: Injunction. though In an exhaustive re
/ view Of such prosecutions he convince
, himself tina. II is very poor remedy.
, Il think a test case should be made