Evening star., 1939-01-26
By the Associated Press,

PHILADELPHIA, Jan. 26.-Mayor
Frank Hague lost in the Third Cir
cult Court Of Appeals today his
fight to keep the c. I. o. from
holding public meetings in Jersey
City, N. ].
The court, in q 2-to-1 decision.
affirmed the decree of Federal Judge
William Clark preventing the city
from interfering with c. I. O. meet
ings and speakers.
The decision made certain modi-
flcations in Judge Clark's decree
which did not affect the general
object of the injunction.
The notifications included:
l. Holding unconstitutional the
Jersey City ordinance regulating
public meetings. Judge Clark had
not decided whether the ordinance
was valid
2. Holding unconstitutional an
ordinance prohibiting the distribu-
ton of circulars. Judge Clark also
had not ruled on the validity of this
local law
3. Striking out Of Judge Clark's
decree clause that police could not
halt c. I. o. meetings unless all
similar public meetings were banned.
Judge Davis Dissents.
The opinion was written by Judge
John Biggs of Delaware, and con-
CURED in by Judge Albert B. Maris.
Judge J. Warren Davis dissented
in part from the conclusions of the
majority opinion.
The majority opinion stated that
even If the ordinance regulating
meetings were constitutional, Jersey
City authorities acted in a discrim-
lnatory and unconstitutional manner
The dissenting opinion did not
concur in declaring unconstitutional
the ordinance relating to public
meetings and also did not agree that
the Jersey City authorities acted in
discriminatory and unconstitu-
tional manner.
The court, upholding the injunc-
ton by Judge William Clark, then
member of the District Court and
now of the Circuit Court of Ap-
peals, said
In our opinion, however, para
graph four Of the decree (by Judge
Clark requires modification in that
1t enjoins the appellants Jersey
City officials from enforcing their
deliberate policy of forbidding the
appelleeS &C. I. o. or their sympa-
thizers to hold meetings upon the
public streets or places of Jersey City
other than parks, unless and until
the appellants, acting in their off,
cial capacities, adopt and enforce a
deliberate policy of forbidding meet
ings of any kind upon the streets or
public places of Jersey City, other
than parks. ="
Attorneys for Mayor Hague, who
said the &C. I. o. shall never come
into this city as long as I am
Mayor were expected to appeal to
the Supreme Court.
Decree Enforceable.
Judge Biggs' opinion said the
court holds Judge Clarks decree is
enforceable and does pot substitute
the will of the court for that Of the
governing authority of Jersey City.
Mayor Hague's counsel had argued
that the injunction put the court
IN new status as a governing
body"
THE police are left free" the
opinion said, to pursue the duties
placed upon them by law. and in
sofar as they act within the scope of
the law their activities are in no
wise interfered with or hindered.
The authorities of Jersey City,
by the terms of the decree, care
fully drawn by the court below, are
free to carry oul their duties in re-
spect to preserving the safety of the
lives and property of the inhabitants
OF Jersey City within the structure
OF existing law"
Overrule Hague's Charge.
Commenting on the argument of
counsel for Mayor Hague that the
G. 1. 0. and other organizations are
not entitled to the injunction be-
cause they came into court with
uncleaH hands" .he courts opinion
said:
We do not find the appellees
guilty of having unclean hands"
mayor Hague's counsel said the
c. I. O. had "unslean hands" in the
case because the entire proceeding
Is the result of a planned court of
conduct directed at the Jersey City
government and designed to result
IN the utmost disturbances and riot"
Stay Will Be Sought
By Jersey Officials