Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-02-22
POLICE MAKE ARRESTS
FOR STREET SPEAKING
sPELLBINDERs DECLARE oRDl.
NANCE UNCONSTITUTIONAL
Three Men Forced to Put Up 500
Each or Go to Jail-Liberal
Club Makes Plea to
Mayor

"It is not my fault il the city or
djnance runs contrary to the consti
tuition OF the United States" said Pc
lice Sergeant Tyler last night when III
arrested ]. C. Hurley, who was ad
dressing a crowd of about 300 persons
at Seventh and Grand avenue.
you will have to bring the question
Up In the courts. Speaking in public
without a permit from the police conf
missioners is contrary to the city law
and / must do my duty. 1t is not for
an officer to interpret the law or pass
upon its constitutionality. I shall or
der the arrest of anyone speaking on
nv beat without permit" added the
police officer.
! In addition to the arrest of Hurley,
r. E. Appel, who says he represents
the Industrial Workers of the World,
and ]. ]. O'Byrne of San Francisco
were taken into custody.
At the police station Attorney G. w.
Downing was on hand to represent the
rnen and each was allowed to go after
Gepositing $1oO cash bail.
This makes total of ten arrests on
the charge of speaking without IL
cense during the past week. About
half of these men are Socialists and
organizations.
When the speakers began last night
no patrolmen were present. The crowd
increased despite the drizzling rain. A.
F. Lindwall spoke twenty minutes
without disturbance. Appel spoke ter
when a patrolman appeared and de-
manded his permit
1T have a permit" said Appel, fum-
Bling in the deep recesses or his INSIDE
pockets. Finally the spellbinder dug
up a printed slip which read
Permit to Speak-Congress shall
make no law respecting an establish
ment of religion, or prohibiting the
free exercise thereof or abridging the
freedom OF speech or of the press or
the right OF the people peaceably to
assemble. "-Extract from the Constitu-
ton of the United States.
The patrolman read it and passed IL
back to Appel without a word of COM
ment The crowd laughed and the
speaker continued his harangue.
Later the sergeant and a squad ar
rived and the arrests took place.
1--WE believe the constitution of the
United States to be paramount to any
ordinance passed by the council of any
city. We are law-abiding citizens and
on that ground we demand our full
rights under the constitution.
Some Of the best attorneys in the
city have expressed the opinion that
we can with little difficulty prove the
ordinance unconstitutional, We shall
carry these cases to the highest courts.
who shall say when campaign of
education of the working class shall
begin and end? 1t is our intention to
tell our fellow workers where lies the
road out of the wilderness, They are
as eager to hear this message as we
are to carry 1t. Our campaign is for
O principle and not for party; for
OF our condition rather than
to put some one on the payrolls of
the city or state.
as there not manifest injustice in
the way our cases are handled? Men
arrested on charges of gambling the
same night some of us were arrested
for speaking at Fifth and Los Angeles
were allowed to 80 with $25 bail. where
as we have been forced to put up 500
In every case"
Members of the Liberal club have
sent the following letter to Mayor Har-
rer:
LOS ANGELES. Feb. 10, 1sos.-To
the Honorable the Mayor of the City
Ct Los Angeles: BY the unanimous vote
Of meeting of the Los Angeles Lib
eraI club, especially called at this adj