The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-01-16
THE ARBEITER BUND.
The Chicago Police Cannot
Interfere.
DECISION BY JUDGE TULLEY.
Sound Law and Reason-No IDjunc-
ton Granted-A Victory for the
Anarchists-Etc Etc.

CHICAGO, January 15.-Judge Tulley,
of the circuit court, in his decision rem
dered to-day, holds that the Anarchists
and Socialists have not forfeited their
constitution rights to assemble peace
ably and discuss any question which
interests them, providing they do not
plot to carry out their ideas of the use
of force against constitutional author
ity. This decision was the outgrowth
of the application made in December
last by the Arbeiter Bund for an in
junction to'restrain the police from in
terfering with their meetings, the
progress of which case has been re-
ported from time to time in these dis
patches. Judge Tulley's decision is
more than 6,C00 words in length, and
begins by reciting
THE HISTORY OF THE CASE,
stating that the particular meeting
which was made the test case, was
called for the purpose of hearing the
report OF the Arbeiter Bund committee
on constitution and bylaws, and of
completing its organization; that the
only objects of the society, according
to the allegations of its constitution
were to secure to its members the
mutual benefit of social intercourse and
political education; that police were i'll
Vited to be present and did actually, by
show of force, prevent the holding of
the proposed meeting. In behalf of the
city authorities this interference is
justified on the ground that the name
of Arbeiter Bund
IS A MERE CLOAK;
that the real purpose of its members is
to plot to overthrow the Constitution
and laws of the United States and this
State. AS to the police officers, it is in
their Jurisdiction to forbid such meet
iugs, IN order to prevent the commits
sion of crime. The judge says: 81 find
40 reason to differ from the master in
chancery in his conclusion that the evil
dence adduced fails to show that the
proposed Assem- blage was for an unlaw-
full purpose. 1t was argued that the
constitution shows on its face an IN
lawful purpose, because of the condi-
ton of its membership, that only per-
sons of reputable character, who de-
clare for the abolition of the inhuman
wage system, can become members.
The solicitor is in error in the SUPPOSE
ton that the law upholds or demands
any particular system for carrying on
industrial enterprises. The master re-
ports that
THERE WAS NO EvIDEuCE
to show the meaning of the declaration
that the society favors the abolition of
the capitalistic system, and purpose to
assist in the fight against exploitation.
The word exploitation is French word,
for which in English we have no pre-
else equivalent. 1 understand the OBJ
ject is to protest against the present
system of using capital, which shall be
so used that labor will receive greater
of labor and capital than at pres
ent, and LABOR shall not be used
so as to Cypress the people by
communications and monopolies.
may be mistaken in my Interpretation,
but whatever may be the object to be
accomplished by the enlightenmentand
education Of the masses, l find no law
which prohibits the formation of socie-
ties for such purposes. The members
of the society may seek to disseminate
the views and principles, which, III the
opinion of a great many citizens, they
have right to, and to publicly meet
and discuss them, IN quiet and peace
able manner, and make
CONVERTS TO THEIR VIEWS
if they are able to do SO. The question
Of the relations of capital and labor, in
its varied phases, and many others, like
the question of the exclusive individual !
ownership of the land or the single tax
question, burning questions of the hour, !
that have come to stay and must be |
met. Referring to the claim of the au-
thorities that the purposes OF the |
society is the same as that of Spies ct |
al. Judge Tulley says he is of the opin-
ion that there is vital difference; that |
the internstionaIs declare for force
of organization tor the purpose |
of rebellion and for the inexecrsble |
revolution and for assassination,
while in the constitution of this society |
there is nothing to indicate that their |
objects are to be accomplished By such |
measures in any contingency. If it |
appeared that this society was such a |
one as the Supreme Court describes |
them to be, it could have no standing |
in the court. Men cannot appeal to the |
law fog the purpose of overthrowing |
the law. Men appealed to the court |
and denounced the principles of
SOCIALISM AND ANARcHIsM,
but it did not decide that Anarchists |
or Socialists are criminals. The court |
held that the Anarchists who commit |
crime are criminals, but pronounced no |
Judgment OF outlawry against Anar-
chists as a body. Judge Tuley then |
takes up the claim on behalf of the |
police that they had right to prevent |
the meeting and preventing crime, and |
holds that this power cannot be given
such latitude; that the police cannot |
at their discretion prevent what NAV,
in their judgment, result in crime, Il
am astounded to find that at this day.
i'll this free country" continues the
Judge, sit should be urged by afidavits
and argument in court of justice that
a court official can forbid a society to
hold public meeting, because OF his
belief that this
SOCIETY is REASONABLE ONE,
and its members are about to commit