The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1926-05-11
Win Free Speech
Fight in Pittsburgh
Continued from Para II

NONAbAAAC0 rum NHAH ~
an immediate hearing, postponing Il
until Saturday morning. This resulted
in Engdahl and Jalrira being held in
jail for four days, only one day less
than their original sentence.
During the court procedure, Judge
Ford showed himself to be as temper
amental as his decision. While wait
ing for the representative of the city
solicitors office to appear, without the
case being actually before the court
he delivered himself of an extended
lecture on obedience to the law.
Judge Ford Makes Speech.
"The laws are on the books and
must be obeyed," was the substance
Of his argument. III the police tell
people to move on, they must move
If they don't like the laws then they
should elect better representatives at
the next election to have the laws
changed. But the laws must be obey
ed. You cannot challenge the law.
You must obey It,"
When the case was finally called,
he questioned Engdahl, then Jakira,
and finally D. e. Early, local educa-
tional director of the Workers Party
who had actually made numerous trips
to the office OF the superintendent of
police, seeking permit for the meet.
ing.
Superintendent of Police Peter P.
Walsh, who had refused the permit for
the hall meeting, failed to appear in
court, even tho he had been served
with a subpoena. None of the police
who made the arrests were in court,
but the testimony they had given in
Magistrate E. NJ. Hough's court, where
the case was originally heard, was
reproduced in the transcript. City
Solicitor Randolph sought to have the
case continued until Monday, but
Judge Ford claimed that the prisoners
would have completed their sentences
Sunday morning and then the case
would be out of his hands.
Mustn't Break Plttsburgh's Laws.
"But want you to distinctly under
stand that you can't break the laws
here in Pittsburgh" declared Judge
Ford vehemently, turning to Engdahl
and Jakira, as he prepared to dismiss
the case. 1T doesn't matter whether
you are laborites or Communists. You
can't defy the law. And you have
defied the law"
He then dismissed the case and it
was only after the insistent demands of
Attorney Shaffer that counsel for the
Communists got this across:
Il insist that the main issue in this
case has not yet been touched" said
Attorney Shaffer. 1.-THE issue is
whether the police have right to de-
mand permits for hall meetings. There
is no law or ordinance demanding that.
That is the issue that should be
decided here"
Courts Ear Goes Deaf.
81 refuse to hear anything about
that" declared Judge Ford, insisting
that, so far as he was concerned, the
case was ended.
In the meantime the great banners
of candidates for United States SEN
ator, governor and a host of other pol
itical Offices, fly across the downtown
streets, when there is an ordinance
stating specifically that the flying of
such banners is illegal. 1t all depends
on which party's flag is being flung
to the breeze.
'In spite of the unsatisfactory deci-
sion in this case, we believe that a big
victory for free speech has been won,"
declares Organizer Jakira. The head
of the police department failed to
come into court to justify the illegal
arrests carried out by his officers I'M
der his instructions. The arrests made
by his officers were thrown out of
court, altho the court at the same time
made an effort to justify those arrests.
The dismissal of the cases, neverthe-
less, must be considered as a distinct
defeat for the police department in its
efforts to outlaw Communist meetings
in the Pittsburgh district. The fight
will be pushed to prove, even TO the
police department and the city ad-
as a whole, that 1t has no
right to demand permits for hall meet
ings. In the meantime suit for
damages will be brought against Supt.
Of Police Walsh in an effort to collect
the losses sustained by his arbitrary
ruling that the international May Day
demonstration must not be held"