The Montgomery advertiser., 1908-08-08

lawful acts referred to therein. 1t Is proper to supplement the definition or the statute. in order to more accu- rately determine what constitutes an unlawful assembly. by referring To definitions thereof at the common law. The following are some of such defiaitions. to be found in the books;
 "A meeting attended with circum- stances calculated to excite alarm Is an unlawful assembly,
 Any meeting assembled under such circumstances as. according to the opinion of rational and firm men, are likely to produce danger to the tram quility and peace of neighborhood. Is an unlawful assembly,"
 An unlawful assembly is where three or more persons assemble with an intent to commit violence upon per- son or property. to resist the -execu- tion of the laws, to disturb public order. or for the perpetration of acts inspiring public terror or alarm.g
 Since no rule, or standard can be laid down by which 1t can be ascertained, with mathematical accuracy, in any case, whether or not an assemblage is unlawful--that is to say. whether, ac- cording te the opinion of firm and rational men. Is one that is likely to produce danger to the tranquility and peace of a netghborhood--much must be left to the sound discretion and good judgment of the civil officers or of the ofacer in command of the troops, charged as they are with the duty of acting, and they must be con- trolied by all Of the facts and circum- stances which would legitimately en- ter into the solution of the question, whether the assembly is likely to pro- dace danger to the tranquility and peace of the neighborhood. Under these circumstances. they would not be liable for mere error of Jpdg- ment. ff they acted sn good faith and without wilfulness or wantonness. in the performances Of the statutory duty of dispensing tumultuous or unlawful Assemblies or combinations.
 As shading light upon the act or acts that may be Unlawful. under the situation with which you are now dealing. 1t may be proper to supple ment what has already been said by a further refsrencb to the statutes of Alabama upon the subject Of the con to the ihhlpltsons against wrongful in- terference with such businesses. These statutes. 10 be found in the Criminal Code of Alabama of 1907, are the following:
 "s3s4--Any two or more persons who conHptre f0gether TOT the purpose oI preventing Any person. persons, firm or corporation from carrying on any lawful business within the State of Alabama, or for the purpose of inter fering with the same, Rhai be guilty Of q risdeneanor."
 "e3s5--Any person or persons who go near to or loiter about the prem ises or place of business of any per- son, firm or corporation engaged in a lawful business. for the purpose of influencing or Inducing others not to trade with. buy from, sell to, or have business dealings with such person, firm or corporation, or to picket the works or places of business of such other person, firm or corporation for the purpose of Interfering with or in- turing any lawful business or enter prise, shall be guilty of a misdemeanor; but nothing herein shall prevent any person from soliciting trade or busi- ness for a competitive business" "6397--Any person who uses force, threats or other means of intimidation to prevent any person from engaging in any lawful occupation at any place he or she sees fit, shall be guilty of a misdemeaer."
 Yours very truly,
 Samuel D. Weakley.