The Evening critic., 1884-07-18
THE FLAG MAY PROUDLY FLOAT


Now Look out for Flags Every
where.
The charge against Colonel Perry II. Car
son of obstructing the street in suspending
his Blaine and Logan banner above the
Avenue, in front Of his hotel, last, Wednes-
day night, came up in the Police Court to-
day. There was a large audience present.
Attorney for the District Riddle aud his
assistant, Mr.. Ed Forrest, appeared for the
Government, and Messrs. Daniel Il. Cahill
and G. NJ. Smith appeared for Colonel Car
son.
Mr.. Forrest called the Courts attention
to the case and said that the defendant was
charged with obstructing the street with
flag.
Mr.. Cahill asked under what law the
charge was brought.
His Honor said they would hear the proof
and make the arguments afterward, because
be wanted to learn the nature Of tho charge.
"Oh, that Is well known said Mr..
Cahill. "The alleged obstruction consists
in the suspension of q flag over the Avenue
with the name of the next President aud
Vice. President Of the United States
thereon"
Mr.. james Campbell clerk in the Dis
trct Commissioners Office, was called to
prove that tho defendant applied for per-
nit to suspend his banner and.was refused
the same. He said the missioners
wrote him letter, stating that they deem
ed il too early In the campaign to suspend
flags above the streets.
Officer CAN'T, the policeman who swore
out the warrant, stated thatthe flag, which
had some muslin attached on which there
was some painting, hung down within six
feet of the pavement last Wednesday, and
touched the heads of some car horses, caus-
ing them to squat and shy.
On crosse examination by Mr.. Smith, the
witness stated that no was there by special
order to watch the flag.
"Who ordered you there?'
~ requested Major Dye to send officers
there to sec what the result would be-" said
Mr.. Riddle.
The witness, continuing, said the flag is
now twenty or twenty-five feet from the
ground. After about two hours ono of
Mr.. Carson's men came out aud tore off the
lower part from the flag. 1t was suspended
from the top Of Carson's Hotel and Lees
undertaking establishment. The witness
stated that he had often seen flags sus-
pended in this way, but never knew of
anything serious to result from them. Mr..
Carson's name was not on the banner aud
there was no advertisement of Carson S
saloon on the muslin.
Mr.. Harry p. Goodwin, of the Star, was
called as witness. He testified that the
flag sagged down for while and struck
the car horses as they passed.
This closed the evidence for the prosecu-
ton.
Mr.. Smith said the American flag should
not be singled out as obstructing the street,
when there were hundreds of awnings that
were VIGOROUSLY larger distractions. There
is considerable animus in this prosecution,
and 1t emanates from
A hold, BAD Democrat-the Presi.
dent of the Board OF District Com.
missioners.
The Court asked the Government under
what section Of the law he based his prose-
cution.
Mr.. Forrest answered, Under section 8
act Of January II, 1856"
Judge Smell said by the enumeration oil
articles in the law 1t was seen that they
were all physical objects, and they have to
be east" placed" or "laid" in the street
He had looked the ordinances up and finds
that there was law which applied to avn
ings being Suspended" and he was OF
opinion that this was the law, If there wa'
any that was meant to cover such obstruc
tions.
"Oaenses Must BE Specifically be-
scribed,'
said His Honor. "Ctizens must not bt
specifically and clearly charged with a vic.
lation of some law"
District Attorney Riddle said this is g
matter that has attracted considerable at
tention, but he didn't suppose that the
Government was going TO try a case on thai
account. "Our lively friends have had
some filings at u.s." said tho speaker, "foi
insulting the flag. They also want to know
what animus there is in this case. / dom
lrn hat sg los. rxxthi nI, tei.,.
this case specifically within its language.
it amounts to any injury to the public a
all 1t may be one to which the law doe
not apply. 1t was determined that thu
case had better be brought to the attention
of the Court
And Get n Judicial Opinion On IL
IF the flag is found to be detrimental Il
the use of the street it makes no diiferenc:
whether the obstruction is on the street o
$50 feet above 1t. There is law, bat NJ
penalty attachment, covering the oifense
The streets are placed under the otica
control of the Commissioners, and they hav,
right to control them"
The speaker here became somewha
heated, and turning to the other side said
ut is exceedingly
Low Patriotism 10 COnnne One'l
Patriotism Simply 90 u Rag.
The question here Is, whatever it may be
the flag bad no business there. coult
tell what part the president of the Commits
sioners took in this matter. He is
Not Narrow-Minded Fool, But
Gentleman.
There is no disposition to suppress tn
erection of Republican or Democratic flags
The Government is not partisan, aud al
parties shall be protected. But no partie
shall invade the law. So far as i am con
cerned, if the matter was left to mo, woult
say let Perry
Put Up Twenty Flags in the Mann
OF the Eagle"
Judge Smell said he thought the law L
be applicable to the case should So,
cover" or "above" the streets.
Mr.. Cahill said he would say in reply Il
Mr.. Riddle that the rights of politica
parties to suspend banners in the street
of any town. village or hamlet have beef
acquiesced in from time immemorial, an,
there can be no precedent found to thi
prosecution. 1t is the privilege OF q citi
zen in this nineteenth century
To Suspend the American Flag.
Your Honor has been with us hero for
dozen years, aud during no campaign hay
you ever seen our streets free from flag
and banners. You never heard of u com
plant from mayor, q governor or com
missioner until we got a board of commits
sioners with Democrat as their president.
1--WE want to try this as legal question,
interposed the Court.
NOW, the law under which this case