Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1889-01-23

archsts as q body. Tie Merr,tI Conspiracy law,
Judge Tulcy says, merely put into the shape Of
statute Law what the Supreme Court III the
Spice case hud already declared to be the Law
OF the State The law Is aimed ut ON abuse OF
the right of free speech, but it does not deny
the right.
Counsel for the defense ella med that the
police were possessed OF I'LL the powers con-
ferred by law uton the sheriff to prevent
crime, in addition to their pe wcrs as con.
servators OF the peace, and by virtue OF these
powers had tho right 10 prohibit the meeting
OF tho bund They have the power to prevent
crime, but not to the broad extent they con-
tend. 1t does not follow that they can take
any means or do any act they deem neces
sary to prevent CRIME. That would prob
ably render Leg stature, courts and
other Government Ulcers entirely unneces-
sary ind useless. The law enumerates the
speci ! matters In which the shcr II has power,
and IN rs 1t SO that the statutory provisions
and Supreme Court dec sions are conclusive
that the power TO prevent CT me was not in
tended to enlarge the common law powers.
The court proceeded and reviewed the aff1da-
| davits OF the police officials that they "be-
lieved" that the meetings of the bund were for
On unlawful and illegal purpose and said: II,
as the master forclbly says, tho mere be-
lief of police officer that project
ed public meetings are for unlawful
purposes shall operate to the prohibition OF such
meetings, such belief created by error, NAL. ce,
! b'gotry or political partsanship may be resort
ed to for the extlngulshIuent OF funda-
mental institutional right. I am astounded
to find that at this day. in this free country, it
| should be urged that police official can for
bid the meeting OF q society because Of his be-
! lief that the society is d reasonable one, and
| the members are about to commit reasonable
! acts.
II this be the law, then every political.
literary, religious or other soc ETY. would
hold their constitutional r'glt OF free
! speech and peaceable assembly at the
mercy of every lefty policeman, for
the chief In this respect has more
! power than his lowest subaltern. Ii this CIV
ilized age neither by the law OF tsis State nor
any other State nor nation making any pre-
tense to freedom are reasonable intentions
| or words, unaccompanied by overt deeds or
acts, made punishable of1ense.
The afdavts Of tho police aver that manv
| OF the prominent members advocate murder
! and arson and revenge for the execution OF
| Spies, Parsons, ct al, and in meetings
! advocate the murder of officials con.
| nected with that trial There are no
allegations against the society as a whole
| Because some bad mon get into SOC ETY.
that is no reason why the right Of peaceabl
assembly should be taken away from the So
! cie y. There is glaring injustice in defamine
| any body OF men as class by reason Of there
being some bad men among them.
| In no ty Of t I'm on, N no part OF any
State or Territory except here in Oh cago, have
police officials attempted to prevent the right
OF free speech or OF peaceable assemblage
! upon such unWarranted pretexts and assum D.
tons OF power. 1t is me to call a halt. The
| right Of free speech u I'd peaceahls assembly is
the very llfe-blood OF freedom. You m ght as
| we'll expect the human body to exist after
stopping the circulat on OF the blood as to ex
! pect the continued existence Of liberty the CIT
izen be ng deprived OF the right of Tree speech
| and peaceable assembly. But the ques.
ton arises, are there no limitations or res rio
| ons on these rightsI The answer is: More
| by the Will OF the police. and only such
! IS the people by their constitution and
| through their Legislature have placed
thereon. Tho police by arb trary arrests
| without war; mt and by such illegal acts
| as are here com ii aimed OF cause more disorder
than they cure and create more CRIME thar
| t. ev prevent. This society has ght to ad
vocate is peculiar ews in public assembly
they may critic 81 the acts Of all public Off
| GERS, from the President Of tho I'm ted Stale!
! and the !ge on the bench down to the police
mer, II they on do it in u lawful manner.
The power hero vested is delicate on<
and to be exercised W tn great caution
and at the perl OF the peace officer
il he go too far He IS not constituted
! by the law censor OF the right OF fret
speech, nor is it material whether he ap
proves or disapproves OF the utterance.
or acts of the persons assembled Hi.
only duty IS to keep the peace. and it i.
only when there is an imminent danger
OF then present breach OF the peace
that no has a right to interfere With tn.
! meeting 1t may be that our laws are INSULT
Gent in the present excited cond tlons of ou
society. l think not but, If they are, we mus
abide by them as we find them, until they ART
changed, for loyalty TO the law Is the first grea
duty of the citizen.
| Judge Tuley then refers to the agreemen
! made by defendants counsel to cheertully &C
quiesce in whatever op Mon ght be pr
| nounced. Such an assurance OF acQuesCen
| in the courts dec on to the effect that II it
| held that the pol &C have trespassed upo
| corQ claimants gh.s they will cease sucl
| trespasses, renders it unnecessary for the cour
to issue an injunction, since the necessity 10
an injunction no longer exists. In conclusion
the judge says: ''In this case have though
it necessary to vindca'e the right of FREE
speech and OF peaceable assemblage bu
| it is not the intention OF this court to attemp
to regulate the mayor and pol. &c of11c ais in th'
discharge OF their respons BILE duty to MAINTAIN
the peace and good order Of the CITY,"