The New York herald., 1921-06-05
SOAPBOX ORATORS
Lose in TEST CASE
Mayor Kincaid of Mt. Yer
non Upheld in Stand on
Permits and Arrests.
CASE WILL GO HIGHER
Question of Municipal Ordi.
nances VS.. Free Speech to Go
to Court of Appeals.
DIR. j. III. HOLMES FIGURES
He and Rose Schneidermann
Were Among Those Sup
pressed by Police.
CASE WILL GO HIGHER
DIR. j. III. HOLMES FIGURES

The ordinance under which Mayor
Eincaid of Mount Vernon caused the
arrest last fall of a dozen soapboa
speakers, including the Rev. Johr
Haynes Holmes, was upheld yesterday
by the Appellate Division of the Su'
preme Court in Brooklyn The court
reversed the decision of Justice Keogf
G. the Supreme Court, who on October
IA last declared the ordinance to be
unconstitutional.
Mayor Kincaid said lact night thai
IN view Of the new decision all the de.
PENDANTS would be taken before the
City Court again on the Original
charge. This may be made impossible
for Arthur G. Hays, attorney for the
three directly concerned in the case
before the Brooklyn court, announced
when the decision was made known
that be would go to the Court of Ap-
pee1s and, If necessary, to the United
States Supreme Court.
Mr.. Hayss clients were his wife, Mrs
Blanche N. Hays of New Rochelle
Thomas F. Doyle of Mount Vernon and
William g. Chambers Of Mount Vernon
Mayor Kincaid, who had been trying
no stop the unlimited oratory of Social
fstS, had refused to give them a permit
Nor an open air meeting. They started
shaar meeting anyway. but were arrested
inlay took the matter before Justice
f8eogh on a writ of habeas corpus, an6
6A ordered their discharge. He said that
No ordinance requiring speakers to get
u permit from the Mayor was unreason-
;abel because It was zone man power
ordinance"
The case went to the Appellate Divi-
SION on appeal from the city OF Mount
Vernon. The decision, wkritten by JUS
f1ce Harrington Putnam. dismissed the
writ of habeas corpus. In writing the
opinion OF the court he said that the
ordinance clearly cams within the terms
of the city charter. in which the Legis-
1ature empowered the Common Council
of Mount Vernon to enact ordinance
regulating the use of the streets for
holding public meetings.
Hence, said the opinion, public
speaking upon the streets was only al
lowable after such leave Without any
permit from the Mayor and against his
refusal thereof meeting could not Dc
lawfully held.
Withholding permits for speaking in
streets or parks. therefore. does not deny
the right of free speech. It follows that
those REALTORS, In mistaken assertion of
their supposed rights. were actually
breaking valid ordinance, so that In its
enforcement an arrest was in the lawful
exercise of the police power
Even IL discrimination against DO
litical party were suspected, those vino
felt Disseminated against could not take
the law into the own hands and, by such
assemblage, defy this city ordinanee. n
n permit be improperly withheld it's is
suance may be compelled through man.
damus"
DR.. John Haynes Holmes. Miss Rose
Schneidermann and the Rev. Norman
Thomas. editor of The World Tomorrow
attempted on October 13 last to read the
constitutional guarantees of free speech
on Mount Vernon street corner and
were arrested. The meeting was man.
aged by the Civil Liberties Union. DR..
Holmes charged Mayor Kincaid with
enforcing the ordinance against Social
ist and Farmer-Labor speakers but not
against Democrats and Republicans. A
few days later, after Justice Keogh had
given his decision as to Mrs. Hays and
Messrs. Chambers and Doyle, all the
defendants were DISCHARGED.