Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-01-18
FREE SPEECH.


no means settled to the satisfaction of the
people of Chicago by the decision of the
Master in Chancery in that city agains
the Anarchists and supporting the police.
The Arbeiter Bund, with most astonishing
inconsistency, appeals to the very law it
derides and seeks to overthrow, for protec-
ton in its claim of right to hold public
incendiary meetings. In perfect fairness
it must be said that the decision of the
Master in Chancery in favor of the order
of the police authorities prohibiting the
meetings, goes off upon technical ques-
ton of Jurisdiction and more than init
mates that upon a clear issue the police
must be held to be in error-so jealous is
the law of any infringement of the right
of free speech.
Considered calmly, it is easy to under
stand what danger lies in any attempt to
prevent public speaking for the Consti-
tuition guarantees the right of free speech,
and the law can only hold one amenable to
it who abuses the right and goes beyond its
limitations. There cannot, therefore. be
prejudgment in the matter; that is to say,
there cannot be issued any form of iniunc-
ton to prevent one from expressing his
thoughts, on the plea that if he does so he
will exceed his guaranteed right. But if
one announces that he proposes to speak
advising riot, assault upon the conservators
of the peace, and for the purpose of organ
izing effort to overthrow the law and do
injury to the life and property rights of
citizens, may not such promised attempt
be checked and prevented? The Anarchists
claim that they are amenable to police in
reference only when they violate the law
commit an overt act 1t is certainly the
American policy that no lawful meeting
shall be prevented; that the right to
peaceably assemble and discuss public
questions shall not be infringed. But when
before such an assemblage speaker at
tempts to incite his hearers to commit
crime, certainly he may be laid hold upon
and prevented from further addressing the
people. The law of the land must be held
to be equal to meeting all criminal assaults,
and until they are made it must not inter-
fere with free speech. The danger of at
tempting to interfere with the right resides
in committing to any authority whatever
the power to judge in advance of what will
and what will not be within the guarantees
of the Constitution in proposed speech.
But the police of Chicago certainly will be
fortified by the law in making arrests of
men who print, post and circulate invita-
lions to assemble for the expressed pur
pose of organizing unlawful proceedings,
such as conspiring to appeal to the people
to resist the law, to arm against it, to de-
stroy property and endanger life Such
publication may in itself be declared an
ofiense under the statutes that will not be
held to be hostile to the genius of our in
stitutions and the guarantees of free
speech.
Since the foregoing was placed in type
the opinion of the Court, to whom the
Master in Chancerv in Chicago reports,
has been given affirming the Masters deci-
sion. 1t does not put any new construc-
ton upon the law. The Court finds that
the constitution of the Arbeiter Bund is
not of character to constitute con-
spiracy among those who sign it, whatever
their Interior views. But the Court very
clearly says that if the Arbeiter Bund had
for its expressed object assassination, re-
sistance of the law by force and the organi-
cation of men to violently overthrow the
law, it could have no standing in Court.
Men cannot appeal to the law for pro-
lection in overthrowing the law" 1t is
added: "The right of free speech and
peaceable assembly is the very life blood
of freedom. We cannot expect the con-
tinued existence of liberty when citizens
are deprived of the right of free speech
and peaceable assembly"
THE disposition of legislators IN visit