The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-10-14
THREE FIGHT LID ON
OPEN AIR SPEECHES
TWO Pastors and Woman Can.
didate for e. 8. Senate
Plead Not Guilty.
TRIAL SET FOR MONDAY
Dudley Field Malone Asks the
Governor to Remove Mayor
of Mount Vernon.

The question as to whether Mayor
Kincaid of Mount Vernon can legally
prevent speechmaking on the streets OF
Mount Vernon will be taken to the
Supreme Court OF the United States II
necessary. Dr.. John Haynes Holmes,
pastor OF the Community Church OF this
city, declared YESTERDAY.
A demand that Mayor 1lincaid DO re-
moved from Office was made yesterday
by Dudley Field Malone, Farner-Labor
candidate for Governor, in a telegram
sent to Gov. Smith. Mr. Malone declared
that Mr.. Kinca!d had aroused the in
disnation OF thoughtful citizens by his
'1awless refusal to permit street meet
ings by Socialists because of their politi-
cal creed.
'If the right of FREQ speech and as
senblage has any sanctity in New York
don't you think it high time you exer-
cised your power under the law TO re-
move from Office this anarchy-breeding
Mayor Of Mount Vermont" Mr.. Malone
wired.
Woman Speaker Arrested.
DIR. Holmes, Miss Rose Schneider
mann, Tar1ner-Labor candidate for
United States Senator, and the Rev.
Norman Thomas, editor OF the World
cession on O. street corner In Mount
Vernon Tuesday night when they at
tempted one after the other to read
that part OF the State Constitution
which guarantees free speech and pro-
hibits the passage OF laws abridging
free speech.
The defendants were arraigned yes
terlay before Judge Jacob Bernstein In
tho Mount Vernon City Court on
charge. OF violating Mount Vernon
ordinance which requires all street
speakers to get a permit from the
Mayor IL they can. The defendants
were represented by Arthur q. hays.
counsel for the Civil Liberties Union of
New York, unders'whose auspices inc
street meeting was held.
Mr.. Thomas told the court that the
constitutional guarantee OF free speech
was being ignored in Mount Vernon.
but Judge Bernstein stopped him, de-
claring that his talk was for the news
papers and not for the court. Corpora
ton Counsel Frederick w. Clark in
sisted upon ain immediate plea Of guilty
or not guilty, so all three pleaded not
guilty. They were permitted to leave
on their own recognizance. The trial
will take place Monday.
Do Not Blame Police.
Mr.. Holmes said that the Civil Iiber-
ties Union had applied to the Mayor
| for q permit to discuss the free speech
| issue, but had been refused. This power
Of refusal he said, made It possible
| for the Mayor to control absolutely the
! character or the speeches made. AS ar
example OF this. he said. the ordinance
was being enforced against the Farmer
| Labor and Socialist organizations. but
not against Republican ans Democratic
! meetings.
| Eve went to Mount Vernon and tool
our stand on a street the name OF which
! do not know" Mr. Holmes said. %
took a copy of the Constitution. of the
! State OF New York from my pocket :ynt
began TO read 1t aloud. A police leu
tenant asked me IL I had n permit.
replied that we had applied for a permit
I but It had been refused. He then SAID
| / could not speak continued to reae
the Constitution. that part which says
And no law shall be passed to restrain
or abridge the liberty OF speech or o.
the press lie then arrested me. Miss
Schneidermann then began TO read Thu
/ Constitution. She was arrested. TheI
Mr.. Thomas tried, and he too was ar
rested. We have no complaint to maxi
concerning the way in which We wer'
| treated by the police"