Los Angeles daily herald., 1889-01-16
ANARCHISTS ABETTED.
A Chicago Judge Decides in
Their Favor.
MEETINGS TO BE PERMITTED.
Chancellor Tuley Holds that the
Police Have No Right
to Interfere.
Associated Press Dispatches to the HERALD

| W
Associated Press Dispatches to the HERALD
CHICAGO, January 15.-Judge Tuley,
Of the Circuit Court, in his decision rem
dered to-day, holds that Anarchists and
Socialists have not forfeited their consti.
tutional right to assemble peaceably and
discuss any question which interests
them, provided they do not plot to carry
out their ideas by use of force against
constituted authority. This decision was
| the outgrowth of the application made
in December last by the Arbeiter Bund
for an injunction to restrain the police
from interfering with their meetings,
| the progress of which case Las been re-
ported from time to time in these dis
| patches. Judge Tuley's decision, which
is more than six thousand words in
length, begins by reciting the history Of
the case stating that the particular
meeting which was made test case was
called for the purpose of hearing the re-
| port OF the Arbeiter Bund Committee on
Constitution and Bylaws, and of COM
pleting its organization that the only
objects of the society, according to all
the allegations of its constitution, were
to secure to its members mutual
benefit, social intercourse, and po-
litical education - that the police
we're invited to be present and
did actually, by chow Of force, prevent
the holding of the proposed mseting. On
behalf OF the city authorities this inter-
ference is justified on the ground that
the name "Arbeiter Bund" ia a mere
cloak; that the real purpose Of its mem
bers is to plot to overthrow the Coustitu-
ton and laws of the United States and
this State; that, as police officers, it is
within their jurisdiction to forbid such
meetings in order to prevent the commits
sion of crime. The Chancellor says: II
find no reason to differ from the Master
in Chancery in his conclusion that the
evidence adduced fails to show that the
proposed assemblage was for unlawful
purposes. 1t was argued that the Con-
stitution shows on its face an unlawful
purpose because of the condition of mem
bersLip, that only persons of reputable
character, declaring for the abolition
of the inhuman wage system, can become
members. The Solicitor is in error as
to the supposition that the law upholds
or demands any particular system for
carrying on industrial enterprises. The
Master reports that there was no evil
dence to show the meaning of the dec
laration that the society favors the aboli-
ton of the capitalistic system of ex-
ploitation, nor of their purpose to assist
in the fight against exploitation.
The word exploitation" is a
French word, for which in English
we have no precise equivalent. l un-
derstand the object intended is opposi-
ton to the present system of using capi-
TAI, ami u demand that it shall be Sc
used that the labor will receive greater
share of the com bined earnings of labor
and capital than at present, and that
capital shall not be used 30 as to oppress
the people by com bination and monopo-
lies. l may be mistaken in my inter-
probation, but whatever may be the
meaning as to he5object to be accom-
plished by the enlightenment and edu-
cation" of the masses, l find no law
which prohibits the formation of societies
for such purpose. Members of the So
ciety may seek to disseminate prin-
ciples which, in the opinion of the great
ma ajority OF our citizens are prejudicial
to the public welfare, but they have the
right to publicly meet and discuss them
in quiet and peaceable manner, and
make converts to their views if they are
able to do so. The question of the rela-
tions of capital and labor in its varied
phases, and many others, like the ques-
ton of the right of exclusive individual
Ownership Of land or the single tax
theory. are burning questions of the hour
that have come to stay and must be met
Referring to the claim of the authori-
ties that the purposes of the society are
the same as those of Speis, ct al, Judge
Tuley says he is of opinion that there is
this vital difference, that the interna-
tionals declare for force of organization
| for the purpose of rebellion and for Sin
exorable revolution" and for 'assassina-
tion," while in the constitution of this
society there is nothing to indicate that
their objects are to be accom- plished by
such measures.
"In any contingency, if itappeared that
this society was such one as the SUI
preme Court describes them to be, it
could have no standing in court. Men
can not appeal to the law for protection
| in overthrowing the law. The Supreme
Court denounced the principles OF An.
archism and Socialism, but it did moi
decide that either Anarchists or Social
lists were criminals. The Court held thai
Anarchists who commit crime are Grim
inals, but pronounced no judgment O
outlawry against the Anarchists as 6
body"
Judge Tuley then takes up the claim
on behalf of the police that they had g
right to prevent the meeting and to pre-
vent crime, and holds that power cannot
be given such latitude that if the police
may at their discretion do what they
think will prevent what may, in theil
judgment, result in crime, legislatures
courts and government officers would bt
entirely superfluous. II am astoundec
to find that at this day, fn this free coun
try" continues the Judge, "it should bt
urged by affidavit and arguments in {
court of ju stice that court official car
forbid society or public meeting because
of his belief that this society is a treason
able one and it's members are about t.
commit a reasonable act. If this b'
law then every political, literary, relig
. ious or other society would hold thei
constitutional right of free speech ant
peaceable assembly at the mercy Q
every petty policeman. In no other cit.
in the Union, except here in Chicago
have police officials attempted to preven
the right of free speech or peaceable as
sembly upon such unwarranted pretense
. and assumptions of power. 1t is time