St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-01-01
BoNFIELD's BLUFF.
Master in Chancery Windes De-
cides That 1t Goes.

CHICAGO, Dec. 3l.-Master in Chan
Gerry Windes, to whom was referred the
anarchist petition for an adjunction re-
straining the police from interfering
with their meetings, rendered his de-
cision this morning. The opinion re-
fuses to recommend the granting of an
injunction and thus gives the victory to
the city. The master says that he can
not discover that any property rights
are involved in the issue. and that there
is no precedent for the granting of such
an Injunction.
AS to the facts, he finds that the COM
plainantS have constitutional right to
meet; that there is no testimony beyond
the mere belief of Chief Hubbard and
ants desire to overthrow the laws of the
state and the nation. The statement of
these two defendants that some Of the
members of the Arbeiter Bund belong
to anarchist societies. in which the
overthrow of state and national law was
advocated, is not sufficient to prove the
Arbelter Bund to be an illegal and rev.
oiutionary organization, he says. The
affidavitS of compartments and eleven
other citizens. no one of whom has ever
been accused of crime, say that the pur-
poses of the Arbeiter Bund are lawful
and proper. This testimony has not
been met by the defendants, and the
master therefore declares the meetings
proposed to be held by the Arbeiter
Bund are lawful. and are not subject to
police interference. fhe master denies
that to restrain the police from permit
ting the Arbeiter Bund meetings would
be an interference with their ''discre-
tlOn." And on that subject he says:
Counsel for defendants insisted on argu-
ment that an Injunction in this case, II Is
sued. would be an interference with the dis
erection of the chief executive officers OF the
law and conservators Of the peace by the Jul
dietary, which is unwarranted. The POSI-
ton that an Injunction should not interfere
with the discretion of the executive officers
of the law is in my opinion sound one, but
not applicable to this case. The mayor and
chief of police have no discretionary power
given them by law TO prevent the peaceaDle
assembly of citizens. 1t is hostile, and even
and in conflict with those upon which they
are based, to assume that policeman with
out judicial responsibility shall exercise the
judicial power to grant or withhold the right
of citizens constttutionally to meet in public
assembly. To state the proposition that
the policeman has this power, it
seems to me. is sufficient to refute
it. There Is no testimony before
HE except the uicTe pcllel VI TWO VI uC-
PENDANTS that the purposes of the Arbeiter
Bund meetings are illegal. This would not
be sufficient to overcome the presumption
that the compliments purposes are lawful.
But this presumption is fortified by the un-
contradicted affidavlts of the complainant
that their purposes are lawful; that they wish
TO meet publicly, and that they have invited
and do invite the police to attend their meet
ings. If the mere belief of police. officer
that projected public meetings are for I'M
1ox.y hall fn IN
ton Of such meetings, such belief, created
by error, malice, bigotry or political parti-
sanship be resorted to for the effectual ex-
tinguishment of fundamental constitu-
tiunal right. when citizens have assem-
bled. if they advocate or proceed to the com.
mission of unlawful acts Or the otherthrow OF
government or destruction of property then
the conservators of the peace may exercise
their discretion IN dispensing them. Ii IN
this case the police have substantial ground
for their belief they should not be engaged
in debate before master in chancery de-
Tending an assumed judicial power, but as
conseryators of the peace, should arrest COM
p1alnantS and appear as their accuSerS IN
criminal proceeding.
The attorney for the Arbeiter Bund
considers the report of the master
partial victory only. "The master SIM
ply has some doubts about our remedy"
he said when asked his opinion about it.
'',The facts are in our favor, but the
whole affair narrows down to question
of law and not of facts" Socialist
George Schilling said:
1t does not make much difference what is
done by the courts; the police will bulldoze
us anyhow. With the arbitrary power in the
hands of the mayor to give or take away q
saloon license, they can do what they wish.
If they don't want us to gather in the halls
connected with saloons they will threaten
to have the license of a saloonkeeper revoked
if he permits any such meetings to take place
in his hall.
Chief of Police Hubbard said:
When the speakers at the meetings of the
anarchists say that the streets have got to
flow with blood before they can get their
rights, it is plain the gatherings are not for
any good purpose. At any meeting where
the law is openly defied we shall see that it is
suppressed.