Evening star., 1938-11-07
u. 5. Judge Signs
Injunction Curbing
Hague War on nC.|.0.
Union, Allied Bodies
May Meet in Streets
If Others Do
Ey the Associated Press.

NEWARK. N. j.. Nov. 7.-Federal
Judge William Clark-putting into
effect his decision upholding the
right of the C. 1. o. and allied Or
CARNATIONS to function in Jersey
City-signed an injunction today
granting them the privilege of hold
ing meetings in the streets as long
as others are allowed to do so.
The njunction-finale of a 10
month-old suit against Mayor Frank
Hague and fellow officials arising
out of Mr. Hagues self styled war
on reds and radicals and the
failing of l3 c. I. o. organizers in
what he called an 'invasion''-did
not, however, establish the absolute
right of any one to use the public
streets for meetings.
1t forbade the State Democratic
leader and his co-defendants from
refusing to grant the plaintiffs
permits for meetings in the streets
and other public places unless
and until the defendants
adopt and enforce the deliberate
policy of forbidding meetings of
any kind on any OF the public
streets -
Meeting Right Given Earlier.
The c. I. O., American Civil Lib
critics Union and co-plaintiffs were
granted the right to use the public
parks for meetings in Judge Clark S
Is 5,0O0-word decision of October 27.
which also gave them freedom from
"deportation' by the police and al
lowed them the right to distribute
leaflets on the streets and carry
placards. These rulings were given
legal effect in the injunction.
The lnjunctive clause allowing the
plaintiffs to hold street meetings as
long as the city's policy was to allow
others to do so was suggested to
Judge Clark November 2 when he
heard lawyers for both sides argue
on what should be put into the
formal injunction binding the find
ings in his decision.
Neither in his decision nor in the
injunction did Judge Clark upset the
city ordinance requiring a police per-
NIT for a public meeting. In his
findings of fact" accompanying the
injunction. however, he said the
ordinance under which the de-
PENDANTS have purported to act is,
in its application, void, unconsti-
tutional and of no force or effect" :"
(The plaintiffs, in addition to alleg-
ing the ordinance was unconstitu-
tlonal, complained they were dis
criminated against in the adminis-
tration of it,
Hague and Police Restrained.
The injunction restrained Mayor
Hague, Public Safety Director Daniel
Casey. Police Chief Harry Walsh
and the City Commission from
placing any previous restraint upon
or in any other manner whatsoever
interfering with the plaintiffs
in respect to the holding of
meetings or assemblies in the open
air and in parks dedicated for the
purposes of the general recreation
Of the public. ="
1t made the proviso that "an ap-
plication for a permit to hold such
meetings =" has to be made three
days in advance - and provided
further than such permit may be re-
fused only for the reason that
the particular time or place desig-
mated in the application is in reason
able conflict with the public recrea-
tional purposes of said parks"
Organizing Rights Not Settled.
In a letter to opposing counsel,
Judge Clark pointed out he left open
'the question of the rights of the
plaintiff with respect to their labor
organizational activities. He also
left open final ruling on the abso-
lutte right of the plaintiffs to hold
street meetings, he said.
He pointed out an appeal was
pending from his action in another
case enjoining "the present defend
ants from interfering with the labor
organizational activities of some OF
these plaintiffs and of certain labor
unions whose claims were substan-
TALLY identical with those of others
of the plaintiffs"
The judge explained he left open
the question of street meetings be
cause the plaintiffs herein asked for
and presumably are satisfied with an
opportunity to speak in the public
parks"
Corporation Counsel James A.
Hamill announced Jersey City would
file an appeal "as soon as possible
with the Third United States Circuit
Court If ANNALS a. hi1adslpfIa