Los Angeles herald., 1908-02-15
SOCIALISTS DEMAND
RIGHT TO SPEAK
WILL MAKE FIGHT ON GROUNDS
OF "coNsTiTUTIoNALITY"
Men Arrested for Speaking on Vacant
Lot on Los Angeles Street VIII
Ask for Trial by
Jury


ue Stodell, local president of the In
dustrial Workers of the World, who
were arrested Thursday night at Fifth
and Los Angeles streets while attempt
ing to address a crowd of laboring men,
were arraigned before Police Justice
Rose yesterday on a charge of mis-
demeanor They were given until Feb
ruary Is to plead to the charge. Mean
while they are held in 500 bail, which
was promptly deposited by their
friends.
Patrolman Steiner made the arrests.
1t Is believed the accused men, both
of whom are prominent in Los Angeles,
will plead not guilty, and that the
charges will be fought to supreme
court decision.
Chief of Police Ed Kern said yes
terday: II am fully determined to en-
force the ordinance against street
speaking without permits. The ques-
tion of the validity of an ordinance
cannot enter into it's enforcement by
an officer of the law. If it is not con-
stitutional, as commonly declared by
adherents of the rights of free speech,
that is no excuse for it's non-enforce-
ment so long as 1t is on the statutes.
The case has excited a great deal of
interest throughout the city, and es-
pecially at police headquarters, where
many policemen seem to have been
laboring in some doubt as to just what
should be done between the demands
OF the ordinance and the protestations
of many Socialists and others.
Discussed by Police
Some of the police confidentially dis
cuss the present case with misgtVings,
an in one or two quarters yesterday
at police headquarters it was predicted
L. In gn6
out.
"a law that so obviously discrim-
mates between public speakers as does
the present law in this city, by which
permits may be issued to snake show
spielers and countless takers, such as
bark continuously all day long in ap-
plying their gambling and phoney jew
elry CRAFTS on Fifth street at Main and
Los Angeles streets, while at the same
time it denies the right of decorous
speechmaking by lawabiding citizens
and organizations, outside of religious
bodies, cannot be expected to stand the
supreme court tests" said a high-up
police official yesterday. 1T won't pass
throug,. the sieve of justice" he added,
smiling, for a constitutional law can
not discriminate as does the present
speech-prescribing ordinance"
Mayor Harper admitted that he was
opposed to the granting of permits to
the Socialists, saying that he "consid-
cred it too early to launch the political
campaign"
"Officers are confronted by difficult
problem declared a police officer yes
terday. I'VE are told TO arrest speak
ers who cannot show permits, and of
course we must do so, although the
officer who makes the arrest is gen.
orally jeered by the crowds.
I'VE cannot please everybody, try as
we do. OF course it seems strange to
such crowds as congregated the other
night at Fifth and Los Angeles streets
when they see a couple of inoffenSive
speakers dragged to Jail, for it doesn't
| look right in view of the fact that
everyone knows this crowd is always
congregated at Fifth and Main streets.
whether there is oratory going on there
or not.
Many SpieIers There
might and day, as is commonly
known, there are hundreds of men,
attracted by the willy spiels of peddlers,
patent medicine sellers, free show vau-
deville barkers and the like. No
speaker however good, could make the
crowd much worse than it usually is
there noon and evening.
But the ordinance permits this.
Open gambling has been going on in
this vicinity for some months. Only
yesterday five men were arrested for
running fake games of chance at Fifth
and Los Angeles streets, two of which
games consisted of ring-throwing for
silver coins. Until after the arrest of
the Socialist speakers the men were
not interfered with. Possibly the ar
rest of these other fellows had some
thing to do with the Socialists case.
If arrests are made in one instance it
must follow that the rea. and criminal
violators of the law-the gamblers
must also be arrested"
A large crowd of sympathizers ap-
peared at the arraignment of Bradford
and Stodell yesterday, and it was an
nounced by the Socialists that a test
case of the present charge would be
made.
Are you going to demand a jury
trial?" Mr.. Bradford was asked.
"Assuredly" he replied. I'VE are
lawabiding men, and our party. it's
principles and its people are diamet-
rically opposed to violence, misdemean-
or or bloodshed.
Is Political Organization
1--WE are a political organization, and
our campaign is on. No man or party
outside of our own has a right to say
when we shall launch it, any more
tnan tney nave T1SnI TO say WHSn
we shall hold our conventions or whom
we shall nominate. That is O. party
prerogative, as invlncible, as inalien-
able and as indisputable as any right
guaranteed to an American by the con-
stitution of the United States.
IF Mr.. Harper, who is supposed to
be q Democrat, were a candidate for
some higher office would he not ques-
ton the right or justice of any mayor
who forbade him the sacred constitu-
tional rights of life, liberty and the
pursuit of happiness?'
'Would he not question the justice
of a mayor or an ordinance which de-
MED him the privilege of publicly pro-
claiming his candidacy or of champion
ing the principles upon which he eX-
poets to be elected?
80 far as the limitations of a cam
paign are concerned, L had never
dreamed before that thev were other
than optional with the parties making
them. But in the Socialists campaign
the city--in fact the worlds con-
fronted with different condition. The
campaign of the Socialists Is always on.
It's principles are not of two, four or
six years duration, but are eternal and
indomitable.
"The campaign began with the in
ception of our Fundamental principles
equality and justice-and in the estab-
l;ahnaant of these and their allied nrin-