New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-05-22

rest assured that his fellow citizens VIII
treat him with justice. however maieVo-
lent the attacks Of petty politicians OF
corrupt people or however loud senseiess
or corrupt clamor against him may be
Sees Danger Ahead.
90 There are two very dangerous sec
lions in our city charter. The possibiilues
Of oppression. eXtortion and olacknlali
under them by those who enforce the
laws are without limit. The sections l
refer 10 are No. 315 and 31S. The former
makes IL the duty of the police and en-
mowers them at all times OF the day ana
night TO visit certain places mentioned, In
Guiding all houses Of i'll fame or prostitu-
ton and houses where common prostitutes
resort and all gambling houses and re
strain all unlawful and disordcrly conduct
or practices therein
Under this section the police had long
claimed the right of visitation TO these
places and to enter them by force WITH
out warrant. Indeed, literally read, the
section empowers the police to preserve
order in such places. That would prac-
y tically amount to licensing them and put
ting them in charge Of the police to Keep
order IN them. The other section-name-
~. No. S1S--empowers the police to enter
any house in the city under mere re
port 10 them of two householders that
they believe such house 10 be house or
III fame or a gambling house. No oatn Is
required. This is contrary TO the pro-
vision which is found in the bill OF rights
or constitution OF every state in this UNION
and OF the United states. that entrance
into houses and searches and seizures
therein cannot be made except on a war
rant Issued by magistrate on the oath
Of witnesses before him showing probable
cause. This section of the charter wholly
disreca rds this great constitutional SAFE
guard. which IS common to every civilized
government in the world. For that reason
Il is void.
NO better device for the practice OF
official extortion and blackmail could be
devised than that afforded by these two
sections. They have been dead letters
since l have been Mayor. l have for
hidden any house TO be entered or any
search or arrest 10 be made under them
II IS always easy 10 get warrant from
magistrate to enter house When nee
essary II no evidence can be found 10
lay before magistrate on oath, that IN
itself shows that the house should not
be entered. In years gone by the ponce
have made use Of these two sections OF
the charter TO assert the right Of forcible
entry and visitation and inspection oil
houses at will In that way they were
able 10 collect any amount OF money they
hiCh officials
Police Department. one after another
and year after year. retired milionaires'
This is all matter Of history.
LEGISLATURE Is Blamed.
In 1905 my predecessor appointed
commission 10 consider police matters.
These two dangerous sections of the
charter were pointed out to that COM
mission. together with the eXtortion
which had long been practised under
them The result was that the SAID COM
mission recommended their repeal 10 the
Legislature But they were not repealed
And now, when I had supposed II was
we'll known that these two sections or the
charter had been made dead letters. ana
were no longer in use, the Legislature
solemnly re-enacts them both in the Dill
now before me. Under no circumstances
could l be induced TO sign this bill with
these two sections in II. We have lar
more to fear in this country from the
gradual encroachment of arbitrary power
than from all the vices OF liquor drink
ing. prostitution and gambling combined.
IL must never be forgotten that the ex-
ercise OF arbitrary power brings in It's
wake sooner or later all Of the vices
and especially the detestable vices OF
official oppression, extortion and black
nail"
The Mayor elaborated his fourth rea-
son, that there is no exigency calling for
the bill. by repeating what he has said
many times about the excellence Of the
Police Department and that the convic-
tions of policemen were due 10 the fact
that he had enforced the law against
illegal resorts. causing their owners TO
come forward and give evidence against
the police.