Los Angeles herald., 1909-08-22
CHARGE POLICE
WITH TYRANNY
! NOTED WRITERS DEN0UNCE
ILLEGAL ARRESTS
Administration of the Third Degree
Arouses Storm of Protest-St.
Louis Wrought Up Over
Recent Disclosures

Recent Disclosures
Civilization has many vital issues to
decide, and we habitually bewail the
fact that the masses do not buckle to
the task. 1t is the object of this let
ter TO show that their courage and in
itiative is constantly crushed by the
Illegal action of the police, just as
the conViCt's will is broken in prison,
and the man who packs his blankets
is turned into a hunted hare by con-
stables "for revenue only" This is a
feature of our national life that is
bringing this country into worldwide
contempt, and a Prison Reform league,
If 1t is to be worthy of its name, must
handle the subject without gloves. We
deal in this letter with Illegal arrests
and the administration of the third de-
gree.
New York city had a great deal to
say on the first of these two themes
after the disclosures of the LeXow in
vestigation, and is now making herself
heard once more. st. Louis, Mo, is
also at this moment much wrought up
over the question. We select, therefore,
these two cities, for they reflect con-
ditions that are prevalent with mors
or less intensity, throughout the coun-
try.
In 1901 Hon. Frank Moss, former
commissioner of the police department
of New York city, wrote for the North
American Review an article entitled,
National Danger from Police Corrup-
ton" It begins with these words:
THE corruption of the police force of
New York is a fact that nobody in
the city denies seriously. 1t is believed
throughout the nation and over the
he
explains how vast was the system of
blackmail and extortion exposed by
the police board and the Lexow In
Vestigation, and proceeds In these
words: For three years there has
been through the courts and the streets
a dreary procession of citizens with
broken heads and bruised bodies,
against few of whom was violence
needed to effect an arrest. Many of
them had done nothing to deserve ar
rest In a majority of such cases no
complaint is made. If the victim COM
plains his charge is generally dismissed.
The police are practically above the
law"
There was much discussion as TO
what the powers Of the police in the
matter Of making arrests actually
were, and the statement of Sir James
Fitz-James stephen, one of the most
noted jurists England ever produced,
was generally accepted as giving the
rule for the police in this country, as
throughout the British empire. It is as
follows: THE police in their different
grades are no doubt officers appointed
by the law for the purpose of arresting
criminals, but they possess for this
purpose no powers which are not also
possessed by private persons. A
policeman has no other right as to ask
ing questions or compelling the attend
ance of witnesses than a private per
son has" such is the legal theory
Beside the facts it looks ridiculous.
Prevent Their Voting
In 1903 the North American Review
published an article by Justice William
]. Gaynor of the supreme court of the
state of New York on "LaWlessness OF
the Police in New York " He cited the
following case: "One recent instance
suffices to show the false idea of the
right and power to arrest and imprison
without a warrant which exists IN the
police department Of the city of Ne"
York. In October last police cap
tain came into a magistrates court
with a large batch of prisoners, whom
he had arrested and locked up over
night without warrant. He told the
magistrate that he wanted them all
committed to prison until after cleo
tion. The magistrate asked what
charge of a criminal offense he made
against them, and the response was
that he made none, but that he reared
they would register and vote II not
locked up. Being asked if there was
anyone to make any charge against
them. he said NO The magistrate
said. that he had no right to commit
anv one except on charge OF some
criminal offense made on OATH ana
discharged the prisoners. can any one
imagine such an occurrence In ENG
land or. for that matter, anywhere
outside of the city of New York;
n must not be forgotten that New
York is the second largest city in the
world. and that examples set there are
quickly followed by the authorities IN
less important centers.
We turn to ST. Louis. There the
leading clergy. backed by the women 6
clubs. are agitating for the establish
ment Of a night police court, declaring
il against the principles of humane
| Government to submit persons, many
| of whom are innocent, to the suffering
and disgrace of a night passed in the
Dolice hold-over. 1t Is pointed out or
| course, that the poor are the great SUI
| ferers. and that professional bondsmen
grow fat on the wholesale arrests made
nv the police. In cases of homicide It
is said 10 be the habit of the police
| in many places to arrest all witnesses,
often holding them for weeks.
Police Bitterly Attacked
The result of this agitation has been
! a most lively discussion as to the ne
! galitv Of arrests without warrant ana
! the administration of the third degree
! the latter question having come proml-
! nently to the front, owing to the treat
rnent a stenographer received In the
endeavor to obtain from her informa-
tfon as to the whereabouts of her abb
| sconding employer. In this discussion
the st. Louis Dispatch the Re
public, the Mirror, former Governor
| Charles P. Johnson and many others
| have played a prominent part. In n
recent number the Mirror sums up the
| question so vigorously that we quote:
| "The issue is not local The police
| of every big city torture prisoners TO
! extort information from them to be
used against themselves or others. The
police saw they do these things only
| to the professional criminal The an
! swer Is not good. The police have no
| right to abuse A ran or woman who IS
A criminal. Even the criminal has
rights. He cannot be deprived or me-
liberty or property, except by due pro
cess of law He cannot be compellsd
to testify against himself In England
when a policeman arrests man, he
warns the prisoner that anything he
may say will be used against him. This
is supposed to be a freer country than
England, yet, as soon as a man is ar
rested here he is subjected to an in
ouisitlon under threats and often, to
the accompaniment of kicks and cuffs.
The police have no authority to queS-
tion under torture or otherwise. The
onlv authority to question rests in the
saI 1,a Vlrfe fC fTaln