The labor journal. [volume] (Everett, Wash.) 1909-1976, 1917-01-12
LEGAL
IN OKLAHOMA

ordinance passed by the City Com
missioners of Oklahoma City, Okla
homa, came up for decision before
the Criminal Court of Appeals. The
ordinance in question declared pick
eting illegal and fixed penalties for
the violation of the law. This case
is unique and not entirely void of
humor. The story is worth reading:
"The streets are not owned by the
city-they are dedicated to the state.
This court passed upon this question
in the Byers Judge Thomas
H. Doyle"
'The city might as well say that
people will have to leave town as to
say they can't walk up and down the
street in front of theatre. The law
has got to be clearly with you and
in the interest of the public or l will
not uphold your picket ordinance. A
person has the right to walk up and
down all day and all night, as long
as he is peaceable and don't block
traffic. Judge j. r. Armstrong.
Such were some of the remarks of
members of the criminal court of ap-
peal of Oklahoma when the city at
torneys attempted to convince the
court that the picket ordinance pass
ed by Oklahoma City was valid.
81 have been unable to find decis-
ion touching directly upon this picket
ordnance" spoke Lawyer Frank
Watson, for the city. He produced
several decisions where cities sought
to regulate hauling garbage, banana
peddling, etc. The court held that
these did not apply to picketing.
isn't it fact that no such ordi-
nance has ever been attempted by a
municipality beforehand that is the
reason you can't find any decision
upon this point?" asked Judge Doyle.
The lawyer was unable to cite the
court to any other such ordinance.
General Right to Picket.
"If these union people want to
picket the non-union theatres, it is a
general right which they have" con-
tinued Judge Armstrong. "The gen.
eral public is always concerned in the
disputes between employers and their
employees.
"These pickets may keep some peo-
pie away from the theatres, but they
may also cause some to patronize the
theatres" spoke Judge Doyle. "There
are some people here who don't like
the unions and would be encouraged
to patronize the theatres on that ac-
count" he continued.
81 am great believer in freedom
of speech and personal liberty. No
city council has any right to keep the
people from using the streets. From
the showing made here the pickets
have been peaceful. They have not
been boisterous, disturbed the peace
or committed any other crime. About
the only man that the pickets hurt is
the theatre owner. 1t is just ques-
ton as to whether or not the theatre
owners have right to keep the pick
cts away from their business. The
city's attempt to suppress is an in
herent wrong unless the pickets have
committed some crime" spoke Judge
Armstrong. "The city has right to
regulate how fast an automobile can
run down the street, but it can't say
that the automombile can't be driven
over the street. If the city could sup
press the pickets for outcrying
against the non-union theatres, it
could stop the people from outcrying
against a boot-legging joint. The
city must be reasonable in legislation
affecting the rights of free speech
and shall not be oppressive" spoke
Judge Doyle. at is up to the city to
show that this ordinance is reason
able. The right of free speech and
peaceful assemblage is guaranteed to
everybody under the constitution"
A desperate attempt is being made
in Oklahoma City to destroy the
unions represented in the theatre and
picture show business. The unions
involved have Loyalty stuck together.
1t happens that Oklahoma City is un-
der what is known as Commission
government of three" Unfortunately
g al :
ers of or interested in several local
theaters. These two passed a drastic
city ordinance declaring picketing il
legal, with severe penalties for vio-
lating the picket ordinance. The mat
ter was taken into court and the or