The record-union., 1893-07-05
A REBUKED CITY.

The San Jose officials made asses of
themselves in passing and enforcing an
ordinance forbidding the Salvation Army,
the Florence Mission and other similar
bodies the right to preach, sing and pray
on the business streets. 1t was a dis
elimination unamerican and a most un-
wise proceeding, and reflects no credit
upon the city where the scheme origi-
mated. 1t is gratifying to learn that the
Salvationists have won the legal battle,
and have knocked the ordinance crooked.
The court holds that the ordinance was
unreasonable and oppressive, and that
the city had not the power to pass, much
less to enforce, so foolish regulation.
The court quotes an authority from a
higher tribunal. which said:
It has been customary from time fmmemo-
rial, in all free countries and in most civilized
countries, for he people who are assembled
for common purposes to parade together by
day or reasonable hours at night with ban
ncrs ana other parapheInalia and with music
OF various kinds.
These professions for political, religious
and social demons ration are resorted to for
ing and enthusiasm, and frequently to pro
duce some effect on the public mind by the
spectacle OF union and numbers. They are a
natural product and exponent of common
aims and valuable factors in furnishing them,
They are only found to any appreciable ex-
tent in places having collected Inhabitants
1or spectators are generally as important as
members. They are among the incidental
conditions Of city life, and are as much to be
expected on suitable occasions as any other
public meetings, and dnotnecessarily any more
dangerous.
The court was unquestionably right
when it declared that the attempt made
under the ordinance was an abridgement
of the common right of the people. 1t
was in repression Of the right to assem-
BILE and to address the people. 1t was in
violation of the right to parade the streets
so long as order is observed and the
public tranquility not invaded.
The court proceeded to warm the
ears of the city of San Jose in way that
must have made the cheeks of honest
Americans flame. 1t plainly and firmly
denounced the ordinance as putting San
Jose on record as condemning even a Sun
day-school marching with banners in
the streets. Itpointed out that the ''law"
was not aimed at street fakirs, windy
political orators, lodges and societies with
torches and bands-all these could possess
the streets at will, but religious bodies
must not move through the precious
highways of highly moral San Jose.
Doubtless if ever that pretentious city
gets the Capital, it would smile upon
dime Legislature moving through the
streets on the road to the unmentionable
quarter, but by such ''law'' as this silly
ordinance it would prohibit decent
body of citizens worshiping Almighty
God upon the public streets.
The decision of the court is one of the
most singing rebukes to intolerance
ever administered. 1t points out how un-
american and dangerous such doctrines
as the ordinance inculcates, are If one
party in power may prohibit one class of
assemblages, still another party may
estop their rivals from assembling in pub
lie. Even in Chicago, the anarchists
and socialists are not, and cannot be, for
hidden the right to march in the streets.
They can be held accountable only for
infraction Of the laws OF peace applying
to all people.
Now that San Jose has been rebuked in
its own household for intolerance, un-
smericanism and ignorance of the consti-
tutional rights of its citizens. we may ex-
pect little less fuss and feathers about
the supreme model that city is supposed
10 constitute. Certainly no other city in
Christendom has been made such an ass
OF as has San Jose by its delectable Com
mon Council.