The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1912-06-13

ney, has designated the west end Of
Market Square as the place where
street meetings may be held in Keno
sha in the future and the soap box
orators who seek to have the right o.
free speech will have TO pitch their
boxes at this point. The new order
is now in effect. The opinion of the
city attorney on which the order was
made follows:
To owen O'Hare, chief of police.
Dear Sir:-Your inquiry as to what
rights the police have in prohibiting
or controlling or suppressing public
speaking on the streets such as was
recently INDUCED in on last Saturday
night and likely to be pursued on SAT
urday and other evenings during Che
coming summer and fall, can be ans
wered by me only in a genera waY
at this time by reason Of lack Of time
to make a thorough investigation
which [ can later make should coca
sion require.
In the first place the constitutional
right of the people 10 p9ace2biy as
semble and the right to the freedom
Of speech must not be overlooked.
This means all the people and not
merely those who are resident within
our own city limits, but it does not
mean that they can indulge IN assem-
blies which amount TO a nuisance but
the courts have held that an open air
assembly to discuss political, religious,
and other questions is not of itself
a nuisance and an ordinance prohi-
biting such an assembly is unreason-
able and therefore void. But such
meetings cannot be held when the
rights of other citizens are infringed
upon and which are so conducted that
they amount to nuisance. IT has
been held in Wisconsin that an ordi-
nance requiring a permit from the
mayor for persons, societies or bodies
to parade the streets, but wherein
others may parade without such per-
nit, such as funerals, regular political
organizations, fire companies, state
militia and other like organizations
may parade without the permit is void
and unreasonable and unjust di5afimi
nation in that il makes and gives to
the mayor arbitrary power TO make, in
violation of the constitutional proYi-
sion The same ruling has been made
where the same power was given to
the council, chief of police and other
officers, the gist of the decisions being
that by permitting such permit to be
given there is thereby created an ar
bitrary power whereby unjust diserimi-
nations may be made and is thereby
void.
Under the decisions the peaceful
assembling of the people cannot be
suppressed as it would thereby violate
constitutional right, yet under the
police power the same may be- regulat-
ed and the mayor, council or police
may designate the place Of meeting or
assembling, but again, the discretion
here used must not be unreasonable.
and must apply to all alike, Tor in
stance, it would be unreasonable TO
assign these meetings to Washington
Island; to the south end of Ashland
avenue; on to places at the west or
north city limits; it should be to a
place where people are likely to con
gregate and where free passage would
not be Distracted; it would also be
unreasonable and unjust discrimination
to say that the Democratic party or
the Republican party may have some
favored location and the Prohibition
or Socialists party may be delegated
. position much less favorable far
obtaining an audience. There are
abundant decisions covering this much
vexed question which is. surrounded
and protected by the constitutional
rights and guarantees and / shall be
pleased to give you the law ia full
at some later time when / have the
opportunity to cite the decisions On
the question.
Now you will understand:
l. The people have 4 right to
peaeeably assemble, even in public
places, aud they have the right to
freedom Of speech.
?. In the exercise Of this right
they cannot infringe upon the rights
Of others, but the holding Of public
open air meeting for political or re-
ligious discussion is not Of itself a
nuisance
3. The right to assemble for such
discussion is subject to the police
" power, and subject also to the rights
OF the people to free and unobstruct-
ed passage on the public streets and