Evening star., 1939-06-05

py d oldlc WlllCll previously lldu
rejected it. Chief Justice Hughes
wrote the decision but it was read
in his absence by Justice Stone.
BY the Associated Press.
The Supreme Court affirmed, with
notifications, today decree hold
Ing Mayor Frank Hague of Jersey
City had violated the constitutional
right of free assemblage in interfer-
ing with c. l. o. meetings.
The tribunal held unconstitutional
a Jersey City ordinance authorizing
the director of public safety to pro-
hibit public meetings in streets or
parks for the purpose of preventing
riots. disturbances or disorderly as
semblage.'
1t was the second major decision
of the day. The justices had dl-
vided five to four to hold constitu-
tional the Roosevelt administra-
tion's attempt to stabilize the milk
industry by fixing minimum prices
and equalizing the amount paid pro-
ducers.
Hague Decision to 2.
The Hague decision was five to
two. with Justices McReynolds and
Butler dissenting.
Justices Roberts and Black de-
livered one opinion, Justices Stone
and Reed another and Chief Justice
Hughes delivered a concurring opin-
ion
Justice Roberts said in his opinion
that members of the G. I. o. ARE
free to hold meetings without
permit and without regard to the
terms of the void ordinance"
The tribunal upheld, in general
a ruling by the Federal Circuit Court
at Philadelphia enjoining Mayor
Hague and his police from prohibit
ing G. l. 0. meetings. and the Cir
cult Courts finding that the Jersey
City ordinance was unconstitutional
c. 1. o. Obtained Injunction.
The Hague litigation had it's in
ception late in 1887, when a c. I. o.
organizer prepared to begin a men,
bership drive in Jersey City.
c. I. o. sympathizers were barred
or removed from the city, Mayor
Hague contended this action was
necessary to preserve order and to
prevent riots and strife
Joined by the American Civil
Liberties Union, the C. I. o. obtained
an injunction on November 7, 1898,
from Judge William Clark of the
Federal District Court for New
Jersey
Judge Clark, since elevated to
the Circuit Court, held that the
c. l. o. should be permitted to hold
meetings as long as other groups
were allowed to do so.
Mayor Hague appealed to the Cir
cult Court, which made the injunc-
ton against Jersey City officials
even broader 1t held there was
no right to deny a permit for a
meeting because disorder was feared.
Forty Year-OId Decision Cited.
Mayor Hague contended the Jer-
sey City ordinance was valid, under
a Supreme Court decision 40 years
ago sustaining Boston ordinance
requiring a permit as a prerequisite
to the right to speak on Boston
common
Wherever the title of streets and
parks may rest" Justice Roberts
said, they have immemorially been
held in trust for the use of the pub
lie and, time out of mind, have been
used for purposes of assembly, COM
municating thoughts between citi-
zens and discussing public ques-
tions.
Such use Of the streets and pub
lie places has, from ancient times.
been a part of the privileges, i'm
munities, rights and liberties of
citizens.
The privilege of a citizen of the
United States to use the streets
and parks for communication of
views on national questions may
be regulated in the interest of all;
1t is not absolute. but relative, and
must be exercised in subordination
to the general comfort and con-
Venlence, and in consonance with
peace and good order, but it must
not, In the guise of regulation, be
abridged or denied"
Arbitrary Suppression Seen.
Justice Roberts said the Jersey
City ordinance docs not make COM
fort or convenience in the use of
streets or parks the standard of off,
cial action"
1T enables the director of safety"
the opinion continued, ito refuse a
permit on his mere opinion that
such refusal will prevent riots, dis
turbances or disorderly assemblage
1T can thus, as the record dis
closes, be made the instrument of
arbitrary suppression of free express
sion of views on national affairs
for the prohibition of all speaking
will undoubtedly prevent such
eventualities
But uncontrolled official suppress
sion Of the privilege cannot be made
. substitute for the duty to maintain
order in connection with the exer-
else of the right
Reed Delivers Milk Decision.
Justice Reed delivered the deci-
sion sustaining the Governments
program for stabilizing the milk in
dustry in the New York area.
A similar decision was delivered by
Justice Reed in a Boston milk area
case
Yhe opinion held that the power
Of Congress to enact the 1887 Agri-
cultural Marketing Act depended
upon the peculiar use and nature of
milk.
Justice Black and Douglas Con-
CURED in the opinion, expaining
however. that they did not believe
the court was called upon to indi-
cate, as they interpreted the opinion
to hold, that there is such consti-
tutional limitation on the power of