Workmen's advocate. (New Haven, Conn.) 1883-1891, 1891-02-21


In the last batch of opinions rendered
in the Supreme Court of Ottawa, Justice
David J. Baker decided that the Ordi.
nance of the city of Chicago, passed
July %, 1856, in regard to regulating the
| public streets. was invalid. John Trot-
ter was captain of the Salvation Army
and was arrested by the city authorities
because Of parading his army in violation
of the ordinance. Its validity was the
only question at issue, On that subject
Justice Baker says:
"Parades and professions upon the
streets of a city are not necessarily pro
ductive of such danger and disorder as
to render them, per Sc, the creators of
public disturbances, nor are they neces.
sarily nuisancrs. There is no authority,
therefore, in the municipal corporation
to suppress such demonstrations of all
kinds, at all times, and under all circum-
stances. Citizens have the constitutional
right of pursuing their own happiness,
and on suitable occasions and for lawful
purposes, and in peaCeable manner,
they may gather together in street
parades and professions, if they so de-
sire, provided they do not disturb or
threaten Ike public peace or Substantially
interfere with the rights of Others
"The ordinance in question seems to
recognize the fact that all professions
are not to be depressed and seems to
proceed upon the theory that some of
such demonstrations are to be allowed
and permitted and others prevented.
1t does not, however, fix and determine
the conditions under which parades and
professions will be unlawful. 1t merely
leaves it to the discretion or caprice of
the Superintendent of Police to I'M
peratively prescribe who shall be per
mitted to gather together in such pro-
Cessions and who shall not, to dictate
that the members of one political party,
or Of one religious denomination, or of
one civic society may, the members of
another political party, religious de-
have such parades or professions, and to
arbitrarily fix the times, occasions and
localities when and where such assem-
blages viii not be allowed. Under the
ordinance the Superintendent of Police
has even authority to prohibit all street
parades and professions whatever.
1T is subversve of the liberty of the
citizens and outside of the domain of the
law that authority so arbitrary should
be lodged in one individual. The pow
ers that were granted by the State and
were relied upon by the municipality
were delegated to the City Council, and
that body could not transfer its legis-
lative prerogatives and the public trust
which was imposed upon it to a mere
executive officer. All ordinances must
be reasonable and the ordinance before
us is unreasonable. As was said by the
Supreme Co urt of Michigan, in re Ere
zee, SD Mich, 399, where a similar or
dinanCe was under Investigation: This
bylaw is unreasonable because it sup.
presses what is in general perfectly law
fuI, and because 1t leaves the power of
permitting or restraining professions
and their courses to an unreguated
official discretion, when the whole mat
ter, If regulated at all, mus be by per-
manrnt legal provisions operating gen
orally and impartiaIly.'
"In our opinion the ordinance of July
%, l 1885, is invalid and appellee could not
lawfully be convicted for violation of
its provisions.
The ordinance declared invalid reads;
I. That no parades or professions shall
be allowed upon the streets Of the city,
nor shall any open air meetings be held
upon any ground AUDITING upon any
street or avenue of the city until a per
NIT therefor shall first be obtained from
the Police Department, under penalty
of not less than $50 nor more than 800
Such permits shall be issued without
fee, by the Superintendent Of Police, and
shall in the case of parades or process
sons, specify the route to be followed
upon the streets of the city.