The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-01-16
THE ANARCHISTS CASES.
JUDGE TULEy's DECISION IN THE
APPLICATION
or the Arbeiter Bund for an Injunction
to Restrain the Police Authorities
From Interfering With Their Meetings
They Don't Get It.

CHICAGO, H., Jan. 10. Judge Tuley,
the Circuit Court, in q decision rendere
today, holds that Anarchists and Socialis
have not forfeited the constitutional rigl
TO assemble peaceably and discuss an
question which interests them, provide
they do not plot TO carry out ideas by tn
use OF force against constituted authorit,
This decision was the outgrowth of a
application made in December last by tn
Arbeiter Bund for an injunction to re
strain the police authorities from forbid
ding tho members of tho bund 10 hol,
public meetings, aud from closing TIN
public halls OF the city against them b,
threatening the proprietors with revoca
ton Of their license.
The matter was referred TO Master.in
Chancery Windes 10 take testimony gnt
report The Master after hearing the
ease, made his report TO the general effect
that there was no evidence TO show that
the members of the Bund were criminals,
or that they were plotting 10 overthrow
the existing order OF things by force Int
that, rs no property rights seemed to be
involved, he would decline 20 recommend
the issuance OF an injunction, but would
leave the question open for the Judgment
OF the Circuit Court. He was inclined 10
be OF the opinion, however, that the mem
bers Of the Bund had n right to meet and
10 seek their remedy in the courts through
nn action for damages against the police
authorities
II was tho decision, based on tho Mas.
tors report, which was handed down
today. The opinion is long one, of
about six thousand words.
Judge Tuley begins by rcciting the his
Tory OF The case stating that the meeting
which II was sought 10 restrain the police
IRON interfering with was called ior tho
purpose OF hearing the report OF the Bund's
Committee ON Constitution and BYLAWS
and OF completing its organization; that tho
only object OF the society was 20 secure 10
lis members mutual benefit, social inter.
course and political education" ~ set out
IN the proposed constitution; that the po-
Ice were invited to be present, aud that
the police did actually by q show oi force,
prevent the holding Of the proposed meet
ing The opinion proceeds 10 say that, on
behalf Of the city authorities, these facts
arc admitted, and interference with tho
right of assembly OF these persons Il iusti-
fled on the ground that the name Arbeiter
Bund Is morr cloak, that the real pur.
posc oil It's members Is to plot TO overthrow
the Constitution and laws Of the United
States and states that the police officers
claim II " within their jurisdiction 10 for.
~blu snch meeting IN order 10 prevent the
commission OF crime. and that over such
discretion the court has no jurisdiction.
Judge Iulcy quotes from the masters
report the objects of the Afbeitcr HunJ
which arc: by means Of enlightenment !
and education, by iuccssant agitation. by
speech aud writing b. organize pcoplctp |
full liberty, fraternity aud Independence. /
10 resist with energy the inr1nd Of cligucs |
that are hostile To the people. 10 project /
AMI maintain tho rights granted by the
constitutions of The State and the United
Sinlcs, 10 call the attention of the p,ople
o. the danger that threatens il through
the corporation aud power of the wealthy.
nnd 10 incitc them 90 uac their wl6lr |
strength io SECURE The recognition Of fleir
inalicuahIc rights OF assured existence.
liberty and happiness. II il made tho
dnly q iir nninibon 10 promote the or.
ganizalion Of trade unions. 10 aid orpln.
ned labor IN iis fight against exploitation
anu oppression, aud To cultivate inrbcar-
ance AMI friendship, and TO force conscicn.
tions conduct
The Chancellor then procccdsas follows
] hnd no reason 70 differ irum the Master
~ hs conclusion that evidence fails To
show that the proposed asscmblagc III the
mrmpcfa ol uic society was cot an uulaw.
iul purpose.
Arc these purposes unlawful? Have
thcse parties rght 10 meet torrtbcr
peaccahly and in ma orderly manner i,r
such purpuscs1 Il WIS nrrncd on h,hnlf
OF the defendants counsel that the rDn.
siiiuiion shows. ON ~ face. the unlawful
purpose, BECAUSE ut the condition of mrm-
berhip. that "Only persons of reputable
character who declare Tor thc abolition of
HE inhuman wage system can bcc1mp
members The solicitor i In error In tho
that the law upholds or 10.
mands any particular system Tor carrying
on industrial enterprises. There are MANY
cooperative industries in the United
States and 20 advocate the co.oper,tiyr
profit sharing found here. or the dp,tici.
patton system Boo vogue in lunrc. cannot. =
n free government, Ice heid % 10 4
Ia unlawful purpose. Tho Master no. G
inre That ihyro was no evidence .
= shnN TIE meaning 81 tho declaration O
nat the society ilKUns the abolition of z
ho capiiaiisiic system ~ tho exploitation 4
of al The purpus.' a. assist in the usht Y
glinst 'oxploiiliion." The word 90. =
loiiauon' isa French word ior which No 3
.ngish have no equivalent | understand u
he object intended h opposition Co tho g
'rcsent syslcm ~ way 0t using eapitnl or
= hoihcr capital shall be- us.,I on vili a..
'tiVo greater share of lhr combined
aiIling. oi labor aud capital than 90 prss.
MT and that capital shall MT o. us''I Ia
,ppicss ihc people by combinations and a
nnnopu.ivt ] uiny b. mistaken M INV u
hl,lPIeAli9n, bat whatever may BE- tic "
tho object b. % maintain lrc. o
'pNeen. ms hight ni free speech and lrcr "
ls'emblagr h uatugl right, and ID would h
~em unnecessary 10 hc expressly provided Z
.oF IN a republican form ol g5,tfrmrpt
- howcvor IL expressly sccufpi t1 thc
,eople by the hi.l Of rights In nur sfaie
constitution. 10 s also insisted f,r IN, Y
lciunse that tlic objects and purp..,,. M y
hiseocicly, ~ at forth Ia tLfir cap.iifu. =
Ion, are the same a. that Of Tho IntrrYg. i,
EQUALS which the supreme Court uf nm.
ius' in thc case ~ Spies ct a. w. tbe
'eollo Declared % be IAN unlawful CON. Il
I,Noy The rsrmhlnncc was NOT
iolhicd ont hut from f.yipw of no OILS
vol. uhn puifoa 's NJ tHr international " :
= ihc SAME are declared tn b. by ti, =
our IN The Spies ease. with BU 9f tIe Il
'rniouN there is vital dinrr.pr, H.. Il
Wccn ihc soriDiica. and that Il fi,.f,,.
nlrmaional- declared for "iorr. b. l.r
,'s.i,Ilillln ior lhc purposes Of rebellion. p
or hehofabe revolution and i1f uH.. Z
a,..'inauon, while in the Constitution" of J.
,lls s,,'ieiy There is nothing 10 Indicate