New-York tribune., 1921-12-10
Birth Control
Arrest Inquiry
is Demanded
Ten Prominent Mem Request
Mayor TO Investigate the
Recent Police Action in
Breaking Up Meeting
ssMust Explain Outrages''
Henry Morgenthau, Paul ID.
Cravath and l.. l.. Del
afield Among Signers

Ten prominent New York men signed
a letter sent yesterday to Mayor John
F. Hylan, requesting that he order an
Immediate and public Investigation of
recent police action in breaking up
meeting held at Town Hall on November
1S for discussion of birth control. The
following signatures were attached:
Paul D. Cravath. Lewis l.. Delaield.
Charles c. Birmingham, Samuel IL.
Ordway, Pierre Jay, Paul NJ, Warburg,
Henry Morgenthau and Herbert l.. Sat
teree.
The letter says none of the signers
has taken any part in advocacy of birth
control, and stresses "the grave and
aagrant police interference with the
rights of free speech" 1t demands that
an Immediate public investigation of
the causes of this interference be or
dered, to the end that the right of free
speech may be safeguarded, and con-
ciudes:
"You doubtless are already ac-
quainted with the fact that on the
evening of November Is police of the
26th Precinct, acting, we understand,
under the direct command of Captain
Thomas Donohue, forcibly closed a
pubic meeting which had 4athered at
the ioWH HAL, III NSSI oIty-tHiiu
Street for an oral discussion of a
question of public policy and of NOR
ais.
Two Women Arrested
''We are advised that without any
warrant or legal authority justifying
his action Captain Donohue arrested
two ladies, and in spite of their pro-
tests caused them to be taken to the
police station and thence to the mag
istrate's court, where they were dis
charged.
"a second offense was even more
fragrant. 1t occurred on December 2,
rest of Mrs. Juliet Barrett Rublee, after
she had testified as witn<ss before
Inspector Lahey in an inquiry into the
action of the Police Department in con-
nection with the Town Hall meeting.
Mrs. Rublee was arrested by Patrolman
Thomas Murphy by the direction, we
are informed, of Assistant Corporation
Counsel Martin Dolphins who was pres
ent as inspector Iahey's adviser.
''The arrest of Mrs. Rublee was so
completely without justification or ex-
cuse that the Assistant District Attor-
ney acknowledged in open court hav-
ing no evidence to support a charge of
any kind, and Magistrate Hating
promptly released Mrs. Rublee.
THE action of the Police Depart
ment above referred to constitute such
wilful violation of the right of free
speech as to cause grave alarm to the
citizens of New York, who have right
to know why such outrages have taken
place, what motives and influences are
behind them and whether any con-
spiracy exists in the Police Department
to deny the right of free speech and the
equal protection of the law to citizens
of New York. This obviously is mat
ter Of the gravest concern.
Full Investigation Asked
eve, therefore, ask an immediate and
full investigation of the action of the
Police Department in the premises, to
be followed, if the evidence warrants,
by such disciplinary measures against
the officials found to be guilty as will
discourage similar offenses hereafter" :"
Robert McC. Marsh, counsel for Mrs.
Margaret Sanger and Mrs. Rublee, said
last night:
''The interest taken by signers Of the
protes to Mayor Hylan, who include
both leaders of the bar and distin-
guished la men, is a natural reaction
to the unlawful methods of the police.
"The courts have declared such dis
cussions as the one here involved to be
legal, but the police seem to consider
themselves above the courts. We are
not in the least intimidated, and if a
battle is called for to maintain our po-
sition we accept the challenge"