New-York tribune., 1909-06-02
SAYS REMOVE BINGHAM
Continued from first page.

in rulership over them and suffered to run their
course unchecked No free people & can be c ruled 3 IN
authority should first of all obey the laws which
eTs In that way only can they effectively
force the laws against others ours Is govern
freedom m from Unlawful offical interference and
by our Constitution and cannot exist without
Nav remind you of some pertinent things
which you already know. but which have 1t would
f5e noIce auth6rties iawlessiy seized persons who
were at large under bail on indictment in Kings
end their pictures hung in the Rogues Gallery;
defiant assault and violation of law a citizen, MI
Charles II. Hyde; wrote letter to your honor
conyicted persons and qsked you stop the Police
Gommssioner as you have ample I pGweT S g9
receipt Of his letter and stated that, It had been
offender. and that the same Illegal conduct has has
gone on openly and VIGOROUSLY from DAY 10 Gay
Moreover. the next month dn. December. 1901,
decided that the police officials have no authority
to measure and photograph persons and put tneir 7
statutes expressly provide G4aws OF 1896. Chap
40 Laws ., 1885. Chap. Ss2 Sec. 4o) The case Is
Cow agt bingham. reported in 81 Miscei- &
put beyond dispute for the police and all executive
officers have 70 confcTn TO the decisions % p fle
courts But 1t IS ~ ordinary thing TOT tne Ponce
commissioner 20 refuse obey the decisions or
her me Man arr nsfan6Ss can be cited In this
he openly and ostentatiously set himself above tae
m lc ntfnad to this hour to disobey it, with
n g "T renrimand or check much less removal He is
possessed of the most dangerous and destructive
ernment nameiy that re is under no legal restraint
whatever but may 90 as ne WIS, IS{ga4 T.; fb oL 0,'
ner II prescribes.
At Police Headquarters last night, Commits
sioner Bingham did not seem surprised when
he read Justice Gaynor's letter The first I
ever heard of the case of George Duffy" he
said was on March Il. when I received a letter
from Judge Gaynor. telling me how the boys
picture was in the Rogues' Gallery and ought
TO be removed. I wrote Judge Gaynor the next
day. telling him I would look into the matter.
I demanded a report on the arrest Of George
Duny, and as a result Of the report 1 wrote 70
Judge Gaynor March %"
Commissioner Bingham said he had received
a letter from Justice Gaynor thanking him for
the trouble he had taken in behalf of Duffy.
The letter which he gave out said that after
further carefully examining in the case Of Duffy
the writer had found the charges accompanying
the different arrests TO be trivial 1t continues,
This boy Is at work In a responsible place but.
Of course. he can never get along win MS picture
in the RoEucs' Gallery You are very KIND my GEAR
n I ask Il, but am averse 10 asking It outright;
FOR would prefer that II It be done. you 81 shouia QUO
that see. and hope you will do IT.
To a later note from the justice reminding him
of the Duffy case, Commissioner Bingham re-
piled:
I was inclined 10 yield to your representations in
the matter and have sent word twice 10 have
the young man call and This he has failed
to do, and the last word is that the family viii not
let him come and has consulted an eminent lawyer
who advised against this. Under the circumstances.
my dear Judge. my duty is clear take further
steps in this matter
Mayor Mcclellan informed last night Of
Justice Gaynor's demand that Commissioner
Bingham be removed He declared he had not
received the letter. He had men in his office in
the city Hall until ;: so o'clock he said. and up
to that time no such letter had arrived Not
having seen the letter. he said. he preferred not
to talk about it.