The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1889-01-24

ably render Leg stature, courts on0
other Government facers entirely unncccs-
sary and useless. Tho law enumeratcs the
speci,l matters in which the sher has power,
and mts Il 90 that the statutory provisions
and Supreme Court decisions are conclusive
that tho power to prevent crime Was not In
tended to enlarge the common law powers.
The court proceeded and reviewed the af1da.
davits OF the rohco ofiicials thut they ''bo
Neved'' that the meetings Of ths bund were for
an unlawful and illegal purpose and said: II.
- tho master forcibly says, the nero 10
lief Of . police ofacer that project
cd public meetings arc for unlawful
purposes shall operate To the prohibition OF such
meetings. such belief created By error. malice,
bigotryur political partisanship may be resort
ed 70 for tho extinguishment OF funda-
mental constitutional right. ! am astounded
TO ind that at this day. In this frss country, II
should be urged that . police Official can for
bid tho meeting Of society because Of hts be-
lief that the society e reasonable ono, and
the members ore about to commit reasonable
acts.
II this be the Law, then every political
literary. religious or other society would
hold their constitutional right OF free
speech and peaccablc assembly at the
mercy of every petty policeman, for
tho chief In this respoct has no more
power than hts lowest subaltern In this civ.
tlized ago Deithcr By the law Of this State nor
any other State nor nation making any pre-
tense 70 freedom are reasonable intentions
or words, unaccompanied BY overt deeds Or
acts, made punishable oRenso.
The afldavits Of the police aver that many
Of the prominent members advocate murder
and arson and revenge for the execution oi
Spies, Parsons, ct al, and IN meetinga
advocate the murder Of of1cials con.
nected with that trial There aro nc
allegations against the society as . whole.
Because some bad men get into . society,
that ID no reason why tho right OF peaceabie
assembly should 30 taken away from tho 90
ce y. There - . giaring injustice IN defaming
any body Of men as class BY reason Of there
being some bad men among them.
In NO ty OF t.e On on, IN no part OF any
State or Territory except here 10 Chicago, have
police of1ctals attempted 70 prevent the right
Of free. speech or Of peaceable assemblage
upon such unwarranted pretcxts and assump
tions OF power. II ID tine 70 call halt The
right OF free speech ind peoceahls assembly ID
tho very l,fe-blood OF freedom. You N ght o
well expect tho human body to exist after
stopping the c;rculat on OF the blood a. 70 cx
pect the continued existence Of liberty the cit
izen bc ng deprived Of the right Of Tree speech
and peaceable assembly. But the Ques'
tion arises, are there no limitations Or restric
ons on these rightsi The answer -: None
by the Will Of tho police and only sucl
% the people BY their constitution and
through their Legislature have placot
thereon. The police BY arbitrary arrests
without warrant and By such illegal acti
~ are here compl aimed Of cause more disorder
than they ture and create more crime thai
| q ev prevent. This society has : ght 70 nd
vocato - peculiar ews in public assembly
they may critic % the sets Of oil public ON
GERS, from the President Of the United Statc
| and the Judge on the bench down TO the police
mer, II they on y do II In = lawful manner.
The power here vested is delicate on,
and 70 be exercised tn great caution
| and at the perl Of the peuce ofncer
II he 60 too far. He 10 not constituted
BY the law censor Of the right Of fre'
speech, nor Ii IL material whether no ap
proves or disppproves OF the utterance
or acts Of tho persons assembled. Hi
| only duty % to keep the peace. and It !
only when there is an imminent DANCE
OF then present breach OF the peac,
that he has right 70 interfere with th
meeting. II may be that our laws are insuffi
cent III tho present excited conditions Of Ou
society. think not but, il they are. wo mus
changed, for loyalty to the law Is the first grea
duty Of the citizen.
| Judge T9ley then refers TO the agreemen
made BY defendants counsel TO chcerfully q
/ Quiesc0 In whatever Op MON night be pre-
| nounced. Such m assurance Of ocQuiesconc
in the courts decs on 70 the effect that n Il b
held that the police have trespassed upo
complainants' ghts they Will cease sue
trcspasses, renders IL unnecessary for the cour
| to issue IN injunction, since the necessity 10
an injunction NO longer exists In conclusion
the Judge says: I'm this cose have though
II necessary TO vindicate the right Of fre
| speech and Of peaceablc assemblage, bu
| IL IS not the Intention OF this court to attcmp
TO regulate the mayor and police ONO als In th
discharge OF their responsible duty TO maintal
the peace aud good order Of the CITY,"