The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-01-16

nationals to be, IL could have no stand
ing in this court. Men cannot appeal to q
Jaw Tor protection In ovcrthrowing the
law. IL has been grayely argued by the
counsel for the city that the Supreme
Court IN The Spies cnse decided that all
Anarchists are criminals, and therefore.
IL Is argued, their meeting in public as
semDly Is unlawful. The Supreme Court
did donounco the principles OF Anarchy
ana OF Socialism, hut it did not decide
that either Anarchists or Socialists were
criminals. The court held that Anarch.
ISIS VINO commit crime are criminals,
that the defendants In that ease were
guilty, put the court pronounced no judg-
ment OF outlawry against Anarchists as a
| body.
Judge Tuley then takes up the claim on
, behalf OF the police that they had a right
10 prevent tho meeting, thereby preventing
crime, and holds that the power granted
by tho law Of this State for such purpose
cannot be given such latitude; that if the
police may, at their discretion; do what
they think will prevent what may in
thelr Judgment result in crime, Icgisla-
lures, courts or other government officers
would he entirely superlluous. Police
powers are then defined as settled by
numerous decisions which were quoted.
ana the opinion proceeded as follows: al
am astonished 10 find that ut this day. In
TINS Tree country, ii should be urged by
ailldavt and arguments in court of ms
tee that q police official can forbid the
meeting OF social or public meeting be- |
cause OF hisbelief that the society Is A trea.
sonabe one or the members are about 10 |
commit reasonable acts. Ii this be the |
law then every political, literary religious
or other society would hold their c0nsti. |
tnuonal right OF free speech and peaca.
Ole assembly at the mercy Of every petty
politician, for the chief, in this respect.
has no moro power than his lowest sub.
altern.
In no other city in tho Union: in no
part 81 any S;ato or Territory except i'm
Chlcago have police officials ATTEMPTED 10
prevent the right Of free speech or of
peaceable asscmblsgo upon such unwar.
Ialted prctenscs aud assumptions OF power.
II is time TO call n halt. The right of free
speech and pcacoibc assembly X the very
Likelihood Of freedom. You might as well
expect the human body 10 exist after the
circulation OF blood had been suspended as
20 expect the continued existence Of lib
irly, the citizen being deprived Of the
night OF free speech and OF the peacenble
assembly
But the question arises, arc there no
limits or restrictions upon the exercise of
hcso rights. The answer il. none law
he will OF the police. and only such AS the
,eoplc, by their constitution and through
heir Legislature, have placed thereon.
my abuse Of the right Of free speech or Of
ssombly must be punished under the law
tliorcto. II these complainnnts
any other persons have conspired. or
men assembled, or any other persons
ave cons ired 10 attack lie or '
r9per'y' arrest thcm upon complaint '
uiy made under the law. II when law.
illv assembled they act In n tumutous ar
lolous manner or break the peace. dis
'crSe lhom IN any way pointed out by the
lalule' II they when assembled or
'hcthcr assembled or not, threaten the
enon or the life uf any police official
llgr or other individual, arrest them or :,
ave Then put under bonds 10 keen the ,,
,,acc ~ tho manner provided by The law.
no police by arbitrary arrests without
aHant' and by such illegal acts as nrc G
Ere complained Of. cause morn disorder L
ah ihcy cure, create moro crime than
oy can prevent. 81,
In conclusion. the Chancellor sad. in. N
much ~ the city authorities had UNDER a,
Ken To respect the law ~ laid down by
~ IN this cnsc, lac would not issue The
Junction prayed Tor because II Was NOT
.cdcd." NV