The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-01-01
What the Constitution Assuro1.
The Anarchists of Chicago Accord
cd the Right to Meet.
A Privilege With Which tho Police
May Not Interfere.
Tho Latter Must Watch Until Overt
Acts Are Committed.
The Decision of n Master In Chaucery-
He Cannot Restrain the Police,
But Makes Pertinent -
Suggestion.

CmcAGo, Ill.,, Dec 3l.-Seycral days
ago the Arbcitcr Bund, an anarchistlc
society, appealed to the courts for an in
junction to prevent the cty's police from
interfering with their public meetings.
Tho bill WIS taken before Judge shepard,
who referred the whole matter 10 Master
in-Chanccry Windes, to take testimony
and report back his findings. The Master
completed taking testimony several days
ago and concluded his report today. Tho
report reviews both the facts aud tho law
at length, aud shows that the Master
made thorough examination OF the legal
authorities lIc cites cases from many OF
the State reports and from several OF tho
leading writers, English and American,
on equity jurisdiction. Mr.. Windcs finds
no precedent for interfering by injunction
with official conduct unless property
rights are involved. The facts in this
ease, he suggests, are sufficient 10 Justify
n chancellor in making a precedent. IN
view of the uniform practice Of Chanccry
Courts In restraining husbands by injunc-
ton from committing acts OF violence
upon their wives during the pcndoncy ~
divorce cases In the absence OF any
other precedent, however he declines 70
recommend nm injunction, rs he does not
deem II within the province OF a master "
recommend injuncuons. save where u u
established clearly by precedent that they
shall ISSUE and contents himself by sug~
gcstng that one issue.
a. 10 the facts lac finds the complainanis
have constitutional right 10 meet; that
there Is no testimony beyond the mec be-
lief oi Chief Hubbard aud Inspector Bon
field tha, the complainants desire 10 over
throw the laws OF the State aud the Ma
/ ton. The statement of these two dcicnd-
ants that SOME OF the members of the Ar
better Bund belong Ia Anarchist societies
| IN which the overthrow NJ State aud Ma
| tionnl law was advocated Il not sufficient
10 prove the Arbcitcr Bund 10 be an illegal
aud revolutionary organization, he says
The allidavits Of complainants and eleven
other citizens no one Of whom has ever
been accused oi crime, say that the pur-
posca OF the Arhcilcr l,und are lawful aud
pr,P ger. This las not hren met by the dc-
icndnnts, aud the master therefore de-
the Arbciicr Bund are lawful, and are not
subject TO police interference. lie further
says Counsel for defendants insisted
on aIgumcnt that an injunction in this
case. u issued, would b. an Interference
with the discretion Of the Chief
Executive. officers OF the law and con-
soryaton of the peace by the judiciary
which Ia warranted. The position that
the Injunction would not interfere with
the official discretion of the executive off,
ccu oi the law. is, In my opinion, a sound
one, but not applicable 10 this ease. The
Mayor and Chief Of Police have mo dis-
crctionary power given them by law 10
prevent the peaccablc assembly OF
citizens. II is hostile aud even danger
Gus 10 tho genius Of our institutions
aud In conflict with those upon which
they are based 10 assume that police.
man without judicial responsibility shall
exercise the judicial power 10 grant or
withhold the right of citizens constitutions
ally 10 meet In public assembly. To state
the proposition that policeman has this
power. u seems % mo, IN sufficient 10 re-
futo II. There Is no testimony before me
except the mere belief oi two Of the de.
PENDANTS that the purposes OF the Arbcitor
Bund meetings are Illegal. This would
not bo sufficient 10 overcome the pro-
sumption that the oomplainanis purposes
irc lawful. hut presumption Is fortified
by the uncontratliclod ai!ihavils II the
complainanis that their purposcsarc lawful.
that they wish 10 meet privately, and that
they have invited and do invite the po-
lice 10 attend their meetings. II tho
mere belief of police officer that pro-
jocicd public meetings AFRO for unlawful
purposes, nhnll operate TO the prohibition
Of such meeting, such bolioi-crcatcd by
error malice bigoiry, or political parii-
sanship ip-may be- rcsOrted 10 for the cilcc-
tual eNtingtishmcnt OF q fundamental
constitutional right. When citizens have
assembled, " they advocate or proceed TO
the commission u unlawful acts OF tho
overthrow Of the government or the do
struciion Of the property, then tho con-
sctyaion Of the peace may exercise
discretion In dispensing them. H. In this
cnsc the police have substantial gfOuri
Tor their belief they should not bc en-
gagged IN u debate with u master In chan.
Gerry, doion1ing an assumed judicial
power, but ~ conscryaiOn OF the peace,
should arrest complainanls and appear "a
their ncruscrg In q criminal proceedings"
The attorney for the Arbcitcf Bund COLI
siders the report II the master partial
victory, only. Tho master simply has
some doubts about our remedy, he said.
when asked his opinion about II. "Thc
facts are in our favor but the whole affair
naruws down ioa question Of law, and
not Of facts"
Socialist George Schilling said: at
does not make much difference wha, IL
done by the courts, the police will bull
dozo us anyhow. With the arbitrary
power In the hands OF the Mayor TO piyc
or tako away q saloon license they can do
what they wish. II they don't want us to
gather In the halls connected with saloons
they will threaten 10 have the liccnso Of
saloonkccper revoked II he permits any
such meetings to take place In his hall. p"
Chief OF Police Hubbard said: when
the speakers at the meetings Of tho An
Archisls say that the streets have got 10
How with blood before they can ret their
rights, Il Is plain that The gatherings aro
no, ior any good purposes Al any. meet
Ing where the law Is openly dehed, we
shall 500 that IL Is suppressed"