Said the mayor in his written opinion:
"After thinking over this matter with the greatest care, I
am led to the conclusion that as mayor of the city of New
York I should not order the police to stop taking photographs
of people arrested and accused of crime or who have been
indicted by grand juries. That grave injustice may occur
the Duffy case has demonstrated, but I feel that it is not
the taking of the photograph that has given cause to the
injustice, but the inefficiency and maladministration of
the police department, etc."
In other words, the mayor set the seal of his official
approval upon the very practice which caused the injustice to
Duffy. "Mugging" was all right, so long as you "mugged" the
right persons.
The situation thus outlined was one of more than passing
interest. A sensitive point in our governmental nervous
system had been touched and a condition uncovered that sooner
or later must be diagnosed and cured.
For the police have no right to arrest and photograph a
citizen unconvicted of crime, since it is contrary to law.
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