Henderson daily dispatch. (Henderson, N.C.) 1914-1995, 1940-11-22
Restricting Freedom

Announcer lllClllOtl VI llle lellSlOuS
sect known as Jehovah'S Witnesses
has cullided with the law in this
State. the most recent occurrence
bejn. IN Murganton. Trial before a
m3rj,tr,.tr resulted in Il thirty-day
iail sentence. albeit the Judgment,
including court costs, WAS suspended.
The incident is Il sequence to similar
instances in Eastern North Carolina
communities in recent months, and
which have given rise to charges that
constitutional guarantees of religious
freedom were being infringed.
The defendant in question in the
Norsanton case noted an appeal to
SUPERIOR court and it might be fair
to assume that if he loses there he
will caly the fight to the State
S,mreme Court. DISTINGUISHED OBJ
servers would like to see such final
md ultimate adjudication of the
iSSrle which may alone be sufficient
70 settle the argument by clearing
the atmosphere with respect to Il
controversy in which probably the
Inst has not vet been heard.
\ Norganton news item says the
defendant WAS convicted on charges
growing out of distribution Of re-
lieiouS literature on the streets. He
was actually accused of violating two
municipal ordinances. one relating
to distribution of printed matter and
the other 10 obStructing traffic on a
sidewalk. The prosecuting attorney
is reported to have sought nolle
prose ON the former count, while a
SiX-man jury convicted the defendant
of obSlrurting pedestrian traffic.
OF course. it is entirely possible
the man may have been blocking
traffic. Such things have happened.
But il would be an interesting angle
Of the incident to know just how
much feeling may have existed
against the cause the defendant
represented. 1t is seldom that law
abiding citizens flatly refuse to COM
ply with an officers request. or
warning. or command. to deSiSt from
obsuucling Il sidewalk.
We would not assume to know all
the facts in this case nor in those IN
the eastern part Of the State. But
from casual reading of stories about
them the idea somehow has been
gained that feeling against the re-
ligiolS group WAS in the background.
and but for that prosecutions might
not have occurred.
Among the facts we do moi claim
10 know is one as to the content Of
the literature Jehovah'S Witnesses
were distributing. But if it were
purely and solely Of a religious char
ucter. il would appear to be very
close To a violation of constitutional
guarantees Of religious freedom to
undertake to Interfere. The prose-
cutor i'm the Morganton case admitted
at the hearing that the United States
Supreme Court had held invalid an
ordinance intended to prevent dis
tribution of printed matter. That in
depreciation applies everywhere mi
the land. by reason Of the Federal
Constitution. even if it were not
supplemented by basic law of the
State, which it is.
Signs have not been lacking of
late of Il growing tendency in this
State and elsewhere to ignore orr
defy guaranteed rights of citizens I'M
certain directions. 1t appears that
there are those who have little
enough regard for law to attempt to-
evade OF dodge lis provisions when.
they stand in the path one wishes to-
travel. The procedure is in manner
Of stealth or innocence, or in inter-
probation of statutes by circuitous
routes in order to gain ends sought.
We are on dangerous ground Wh'
trespassing Of guarantees are over
looked or Winked at. Submission
without resistance or opposition to
such encrOachmentS could in the
end lead to serious abridgment OF
rights guaranteed to citizens by the
Constitution. It is necessary that an
alert attitude be maintained II
liberties won at such terrific cost and
sacrifice as were ours are to be
preserved. And the prosecution OF
.Jehovah's Witnesses, regardless OF
what may be thought OF their beliefs,
is a case in point.
An EneliShman suggests the CLOUDS