Arizona republican., 1914-09-19
POLICE GIVEN
 POWER ID STOP DEMONSTRATION
Commission in Special Ses- sion Adopts Emergency Ordinance Prohibiting h. reference With Business Lawfully Conducted

With the idea of giving the city man. ager and the chief of police authority at flaw to cope with the situation de- Veloping out of the efforts of the Cooks and Walters Union to boycott the New Palace Cafeteria, the city commission met in special session at noon yesterday and adopted an emergency measure, eff fective forthwith, to abate nuisance and to prevent Instructions in and upon the streets, alleys, sidewalks, parks and other public grounds Act ing under authority of the new ordln- ance Chief of Police Brisbois directed his men to arrest any person or per sons found carrying banner in front of the cafeteria as part of the cam paign of the cooks and walters against that place. Before night two arrests had been made of banner carriers, but these immediately secured bail which had been fixed by City Magistrate Me Bride at s each. Their cases are set for trial in the city police court at four o'clock this afternoon.
 The announcement of City Manager Parish as published exclusively in The Republican yesterday morning that any person found carrying a banner in front of the cafeteria would be arrest ed put a new bone of contention in the mouths of the men directing the dem onstration against the New Palace Cafeteria. They hold that under the state statutes they have the right to gather in front of a place of business to inform prospective customers of the unfairness of the place Then when the commission adopted what will here after be known as Ordinance No. 26, cooks and walters again went to the state statutes to show the ordinance was in conflict with the state law.
 The first paragraph of the new or dinance reads as follows:
 Section l. It shall be unlawful for any person or persons, association of persons, or corporation, to Obstruct or cause to be Obstructed any public street or alley, or sidewalks, or park. or other public grounds within the limits of the city of Phoenix by committing any act or doing anything therein, or there upon, which is injurious to the health, or indecent or offensive to the senses, or to do or cause to be done in or upon any such streets, alleys, sidewalks, parks or other public grounds any act or thing which is an obstruction or in terference to the free use of property or which nterferes or tends to interfere with the comfortable enjoyment of life or property, or with any business law fully conducted by anyone, in or upon, or facing or fronting on any of said streets, alleys, sidewalks, parks or other public grounds in the city of Phoenix.
 For the violation of any of the pro- visions of this section a penalty of not less than twenty five dollars. and not to exceed $3O0OO or a term in the city jail not exceeding ninety days, or both such fine and imprisonment, is pro- vided.
 That such an ordinance is in conflict with the civil code of Arizona, is the contention of the leaders of the demon stratiOn who point out the following excerpt from the statutes:
 And no such restraining order or in junction shall prohibit any person or persons from terminating any relation of employment, or from ceasing to per form any work or labor or from recOm- mending, advising or persuading others by peaceful means so to do: or from attending at or near house or place where any person resides or works or carries on business, or happens to be, for the purpose of peacefully obtain ing or communicating information, or of peacefully persuading any person to work or abstain from working; or fram ceaslng to patrOnize or to employ any party to such dispute; or from recom- mending. advising or persuading others by peaceful means so to do; or from peaceably assembling at any place in a lawful manner and for lawful pur- poses; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto.
 Part of Par. 1464, pp. 551 and 552, civil code
 It is quite likely that there will be a record breaking attendance in the city police court this afternoon when the two men arrested subsequent to the passage of the new ordinance are brought up for trial.
 Despite the energetic work of the demonstrators, the New Palace Cafe teria did a rushing business yesterday Particularly at the noon hour was this evident. At one time there was a long line Of prospective diners outside un- able to find accommodations inside un til others had finished And among those who patroniZed the place yester- day was no small number of men with union cards in their pockets One union man, approached by one of the demonstrators and urged not to pat roniZe the place attempted to point out the folly of the plan of procedure. Thereupon the man who was distrib- uting the cooks and walters literature made remarks quite anarchistic Whereupon the union man drew his card from his pocket, tore it up, threw the bits into the face of the agitator and went into the cafeteria for dinner.
 Business men, their clerks, and even their families, were seen at the tables in the cafeteria. Manager smith said he hadn't done such a business in one day since the place was opened.
 The case of Marvin Smith son of Proprietor A. G. Smith, charged with assault with deadly weapon, is set for hearing in Judge Johnstone's court next Wednesday, Young Smith