The Birmingham age-herald., 1907-05-21
Hooting, Violence and Cries of "Scab" Will Subject the
 DiSturber to Arrest
EXTRA DEPUTIES WILL
 MAN ALL STREET CARS
Sheriff Seeks Cooperation and Assist ance From All Law-Abding Citi- zens In Preventing Dlsor-
 ders in the District.

Sheriff Higdon yesterday swore in more than hundred extra deputies to assist In preserving order. The extra men will be used largely to see that no violence results when attempts are made to run the street cars.
 The sheriff has Issued a statement, call ing attention to what constitutes viola ton of the law, and he wishes 1t under stood that order will be preserved at any cost. His men will have special ju- risdction over the interurban lines. Last night he stated that he was of the opinion that many men were not informed on what constituted disorder, making the perpetrator subject to arrest and with that in view he has issued a cir cular setting forth nfractions which will not be tolerated. He seeks the assistance ana cooperation of all law-abiding clti- zens ir preserving law and ,rder. Here is the circular issued by the sheriof:
 Circular by Sheriff.
 Violation of the Law by Labor combi- na .ons-"Concessions wrung from an un- Hing employer by words or actions pro- ducing in his mind a reasonable fear of injury to persons property from vio- lence, if the concessions be not granted, those using such means by combination are guilty of criminal conspiracy" IS Ency, 2d ed S4.
 g. To be unlawful it is not necessary that the intimidation should be directed against the employer or that there should be any overt act or violence or any direct threat by word of mouth. If the mem bers O. a labor union. by previous agree ment or concerted action congregate at or near the works of an employer, with the intention of intimidating the em- ployes of the establishment by display ing opposition to the course pursued by such employees in continuing to work sucn combination is unlawful, and all persons engaged therein are guilty of conspiracy. IS Ency.. 2d ed. s5, p Fed. Rep. 7iS, 90 Fed Rep.
 B. Sending threatening letters to employ CTS, patrons and customers, or by con- gregating or hiring others to congregate about the doors of the employers place of business, intimidate those who might otherwlse patronize him. the members of the union and those who participate in IlleSG dclS dIt BulllJ Ol conspiracy. Eohiut authorities.
 l. The means employed by the labor unions in order to be illegal, need not be carried to the length of violence or intimidation. Acts creating nuisance, intending to annoy and disturb an em- ployer. his workmen or customers, in the enjoyment of their several rights, are illegal, and those who by preconcert per form these acts are guilty of criminal conspiracy. Is Ency., 2d ed, D. s5 Cramps Con. 10 Am. St. Rep. S95.
 5. Picketing is no+ necessarily unlawful, but when carried on to such an extent as to be an annoyance to an employer or his workmen, independent of the statute, is unlawful. Same authorities.
 Breach of Peace-Sherif May Prevent.
 G. A breach of t.e peace Is q violation of public order or decorum; the offense of disturbing the public peace or tram quillity enjoyed by the citizens of a com munity. Actual or threatened violence Is an essential element of breach of the peace. Acts calculated to put one in fear of bodily harm. Enc. 2 ed, 902. Actual personal violence is not essential, but is sufficient if the conduct Is of such u character as to arouse the passions and induce personal violence. Same authori- ties and note 2, 52 Am. Rep. 2S2; 6S Mech, 572.
 Breaches of the peace includes unlawful assemblies, disturbing meetings, riots. af- frays, forcible entry and detainer, send ins challenges, provoking to fight, the ,laxu Il dfgpIaX of fire nr other dangerous weapons. etc., and many other dangerous acts Discharging fire arms in q public highway, putting per sons in terror for their personal safety, or near the chamber of a sick person a. or warning not to do so, etc Ency., 2d cd page 903.
 A person after going out on strike, lin- gers about the place of his late employ ment, hooting at others, who take the place of the strikers. and calling them scabs is breaking the peace. Same au- thorities.
 Citing Com. vs. Selvers Il Pa. Ct Rep. 48l; Com. vs. Redshaw, F Pa. Co. Ct Rep. 9l. Acts tending to breach of the peace are indictabie Such acts may be breaches of the peace: Loud and abusive language in a public place, tending to collect a crowd and arouse passions against the individual abused, wlfully dis turbing the peace of any neighborhood family or person by loud and unusual noise loud and abusive or indecent con versation. or by threats and quarrels, are made offenses by statute. Same author tiles.
 Arrests By Sheriff Without Warrant.
 Section 5211 of the code authorizes ar rests without warrant when the offense is committed in the presence of the sher- iff, whether misdemeanor or felony, or breach of the peace threatened, and for a felony though not in his presence by tn, person arrested, and he has reason- able cause to believe that the person arrested committed it. officers may arr rest without warrant, to preserve peace and order, or to prevent threatened vlo- lation of law in their presence. Jones' ca~s 100 Ala. s. 90; s9 Ala. 115. As con servator of the peace. sheriff may sup press all riots, unlawful assemblies and a affrava and may sITnmous a many men