The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-01-13
AN ORDINANCE
hlsdcmoaaors- ODeascs against RAlio
Raoe, DoAHCd, eto,
= !, ordained by the olg Council OF tho

~ NiNhlhNN Wy lhN AlA9 NpuhVH 81 w
section !, Any two or more persons WIN
hhhlli IA thih CITY, assemble together, Il
upihk hhHuluhivut hhAll ant IA puntufi ln u
any nuluWlul act with iulcp ur Yloloue
uAnlnht tie property uf thlH CITY, 90 the lUf
peace on o. tuo terror oi othVTR, and IA
lnsh1 any movement ~ preparation There
luf, ANA every person present ~ such meet
ing OF assembly, who shall not VndOaVor 1,
prevent the commission or perpelration q
huoh unlawful act, shat he deemed gulli,
ul mlhlninVhnuT hnu upon CONVICTION
thereof, ho nned not less Than ave nor mor'
IMAM nitA dollars,
Soc, 2. Any unlawful assembly Is IA,
meeting ul three or more persons with iu
tent Ia ala each other 10y violence, either {,
commit an oilonso, or Illegally 20 duprly,
any p.rhon OF tho enjoyment OF any right,
seo \, II the purpose OF IA unlawful aA
Nombly be ~ prevent the holding OF any
public election, or tOpreyent any paitlculHi
pelhuh or number OF perHons from voting al
pubic election, tho person OF persons NJ
| ulandlng shall 0aOh bp nned Ia u sum uut
exceeding one hundred dollars,
SEQ, I, IL the purpose OF AR unlawful as'
sombly DO 10 oppose or prevent tho oXeou-
llun or ontorcomont of any law of the state
or ordinance OF tho corporation, OF iudg-
| mont OF tho Recorder on Mayor, the punlbU.
ment shall be- u nnu not eXcooaing one hun.
| drud dollars,
See. Q. 1.-The purpose of tho unlawful M.
solnply be 10 oppose or prevent tho oulloo.
| uon OF tax, or money due the corporation,
| tho punishment shall bu u hno not exceed,
| ma one hundred dollars,
reo, q, II Tho purpose of tho unlawful as
| selnDly Do 10 vilect any illegal OBJECT, other
| thau lnoho mentioned la the preceding SOC.
tlonS OF TINS chnpter oach person engaged
thtlon shall loo liable lou tlnc not exceed.
my one hundred dollars,
Sec.1 Z, Whore tho assembly was NJ first
lawful, ana the persons assembled shall
AL "A tftat dian .af
any onensc, OF shall illegally deprive any
pctuon OF the enjoyment OF any right, all
pelNunH so agreeing or acting together, shall
DO deemed guilty uiHn uiiunso ANA shall be
punished by u iinO not exceeding ono huu.
dr,d dollars,
See 5, Any person who, In this CITY, shall
disturb the pence of Others 10y violent, tu-
multuonsi offensive or obstrVperous couduot
or carriage, or py loud ana unusual noises,
or by unseemly, prOtanc, ohhCUno or otien.
hlNo Language, calculated to provoke
breach Oh thb peace, or by ussnultiug, strlk-
ing OF lighting another or amy person wno,
IN lhls olly, small pornilt any snon conduct
III any mousse OF upon any pfumlseH owned
or possessed by them, or under their man
ugvment and control, ~ mat Others In the
vicinity arc disturbed thereby, shalt he
deemed guilly otn misdemoanor, anu upon
conviction thereof, hu uned not less tnnn
i've nor morc than one hundred dollars.
500 .. II any two or more persons shall
iiBht together IN Il public place WI hin the
limits of this city, lhcy shall be- punished by
nno not exceeding one hundred dollars.
sec, 10 Inc use OF amy unlawful violence
within the limits of this city, upos the per-
son with intent To inJuIc hlm, whatever be-
inc cans or degree OF Violence used, is AN
assault aud bait ~; amy attempt 10 commit
battery or any threatening gesture show,
ING in Itself or by words accom- anylng it,
an Immediate intention, cOupied with aH
ability 10 commit a battery, isan assault.
Sec. II. Where injury Is caused by vio-
Ian IA Ng
presumed and II rests with the person In
nlcUng the injury to snow the accident or
Innocent intention. The injury intended
may be either bodily pain, cOnstraint, n
Sjuse of Snanc or other dlsAgreeable emo.
ton of the mind,
sec Il. An assault, or an assault aud bat
terry, may be committed, though the pt rson
actually injured thereby was not the person
intended TO be injured.
Sec. IL, An assault, or an assault and bat
terry, may he committed by the uso of any
part OF the person committing the ollenSe,
Az OF the hand, foot or head, or by use OF any
lnanlmute object, as n stick or anything else
capuule of iuilictlug the sllghteat injury, or
by the use of amy animate object. M by
throwing one person against another. OF
driving II horse or other animal against the
person,
sec IA. Any means used by the persons
assaulting, M by splitting in the face on
otherwise, when In capable of mtlioting
any injury, comes within the definition OF
an assault, or an assault and battery. rs the
case may be.
See. 10. BY the terms coupled with an
ability to commit" as used herein, IL
meant:
|. Ihat the person committing tho as-
sault must be Ia such u position TINT, II not |
prevented, lie may mtlict battery upon |
the person uSsailtds
,. That he must be Within such distance |
of the person SO assailed az tn make 10 with. |
IN his power to commit the battery nv tne |
Ilp with Mhiph b..o al IA. .
see, III. violence used 90 the persuL does |
not amount 10 an assault and battery in the |
following cases:
|. In the exercise OF the right of moderate |
restraint gwen by law to the parent over |
the child, the guardian over tho ward, the |
master over his apprentice or the teacher |
over tho scholar.
?. For preservation OF order In meeting
for any religious, political or other lawful
pu poses.
8. For the preservation of peace or to
prevent the commission OF ofienses
!. In preventing or inteTrupting an in
truslon upon the lawful possession of prop
eTty.
3, In making a lawful arrest and detalp-
Ing the person arrested in obedience to the
lawful order of a magistrate or court and in
overcoming ro. istance to such lawful order,
q. In selt-delense, or the defense of anoth-
or against unlawful Violence offered TO his
person or property.
Sec. Il. Ia al cases mentioned In the pre-
ceding section, whore violence ia used TO eff
feet lawful purpose, only that degree of
violence should be used 10 effect sucn pur-
poses.
Sec. IS No verbal proyOcatlon justlles an
assault and battery, but insulting ana abu-
sive words may be given In evidence In nit
igatiOn of the punishment affixed to the
offence.
sec. 10. Tho word battery las used in the
preceding sections, IL used In the same sense
as assault aud battery.
SaC. 10 The JuIlgllmpt for n giDnpin a
sault, or for assault aud battery within the
limits Of the CITY Of Dallas, shall be a.,nne
not Gcetdtng ono hundred dollars.
SEQ. Il. IL shall not be lawful for any mill
itaTy co pHnY or any procession, or any
body OF persons, accompanied with martial
music, TO march or pass through, or for any
person TO play on any musical insti ument In
any OF the streets Of the city within on
block of amy house Of worship, ON Sunday,
during tie hours OF worship. any peraOn
who shall violate this section SHALL be
deemed guilty OF miSdemeanOr, ana upon
conviction thereof be tiuoj not less than ten
nor more thtu one hundred dollars for each
and every offence.
See. ~. Amy person who shall, in this city
disqu'et or disturb any congregation or AS
elubly, met fOr religious worship. by maxi
lug noise, or by rudu or Indecent behavior
or profaue discourse within their place OF
worship, or 50 near the same a. TO disturb
the pTuer or aOletnnlty OF the meeting, shall
be deemed guilty of miEdemCanOr and
than ten nor more than one hundred dollars.
Sec. y. Any person who shall, In this city,
disturb any lawful assemblagc Of people
by rude and indecent behavior, OF
shall b. found lettering at the corners of
streets or in the vicinity of any place of
amusement or motel or thOlOughfafe and re-
luse To dlsIerse or vacate such place when
requested To do 30 by any police officer, shall
DE deemed guilty OF misdemeanor, and on
conviction thereof shall be fined not less
thnn I'VE nor more than twenty dollars.
Zee. 70. Any person who shall Intention
ally, In this city, give or make "a fass alarm
Cf fire, shall be deemed guilty of mlsde-
meauor and shall be fined not less than i've
nor more than twenty-five dollars.
Sec. -. Whenever there shall be found
upon tue person OF any one who has been
found guilty ola bfeaon OF the peace. or OF
conduct calculated to provoke a breach OF
the peace, any siung-shot. colt, or knuckles
OF lead, brass or other material, or when
upon trialeyidence shall be aiduced proving
that such weapons were ia the possession OF
on tbs person Of any one while In the act
Of commission Of the acts Aforesaid, ch
person thali be deemed guilty Of q nisde-