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The more than 200 miscellaneous Jehovah's Witnesses historical court cases and historical scenarios posted in this six-page section are intended to provide additional enlightenment on the various issues which arise elsewhere within this website. Even highly educated readers will never have heard of most of these cases -- primarily because such have never been cited by liberal authors and reporters whose own writings have been constrained for decades by "political correctness", which dictates the glorification of the Jehovah's Witness Court Cases of the 1920s-1990s. We have also "un-spun" several highly publicized cases so that readers are able to see for the first time the "whole truth" which liberal authors and reporters have censored for decades. Each of the six webpages contains its own multiple shocking revelations.

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EDITOR: We are quite proud of the job that we have done over the years of collecting together the numerous memorializations of the WatchTower Cult's various shenanigans. However, we occasionally are reminded that we have fallen short on certain topics. The following "dirty tricks" topic is one of such. Over the years, we have ran across a number of exampes of this type shenanigan, which we were able to recognize due to our experience, but we decided not to post such due to the specific news article's lack of full recognition of what had occurred, and thus the lack of sensationalism in the newspaper's article. Yes, we admit that we like our postings to be "sensational". For now, visitors are free to disbelieve us, or believe the truth that after J. F. Rutherford arrived on-scene, this "dirty tricks" shenanigan happened both intentionally, and with some frequency:

1915 "Jehovah's Witnesses" Stick Their "Middle Finger" in the Eye of Their Opponents

Rev. Charles C. Selecman, pastor of Trinity M. E. Church, in Riverside, California, was an outspoken local critic of "Pastor" Russell and the WatchTower Society. In May 1914, Rev. Selecman had introduced a resolution at the Los Angeles Union Preacher's meeting condemning "Pastor" Russell for preaching FALSE DOCTRINES and doing so using FRAUDULENT METHODS. That resolution passed there, and was later also passed at a meeting of the Los Angeles Church Federation. Missouri backwoods dirty politician Joe Rutherford decided to teach Rev. Selecman and Trinity Church a lesson on "fraud". "Judge" Rutherford had some "investigating" done of this opposer, and discovered that Trinity Church would occasionally rent out its auditorium on certain weeknights. Taking advantage of the circumstances as they then existed in 1915, and that few people other than Russellites knew the names of even so-called prominent Russellites, "Judge" Rutherford sent a local Russellite to rent Trinity Church's auditorium for a Russellite rally. The Los Angeles Times later reported:

The pastor and congregation of Trinity Church are very much disturbed over what they call a cunning deception practiced on them by followers of Pastor Russell in obtaining the use of their auditorium for a lecture by J. F. Rutherford, of New York, last Monday evening. L. E. Cehyraer, who manages the auditorium for week-day events, says that he was deceived into technically violating his agreement with the church officials. The fact that Rev. Charles C. Selecman, pastor of the church, introduced a resolution in the church federation, condemning "Russellism", several months ago, and is a recognized leader in the city against the unorthodox religious movement makes the affair all the more serious with him and the members of his congregation.

"Every one representing Trinity Auditorium in any way in the transaction of renting the hall, was deceived," Rev. Selecman said yesterday. "I have asked that the pulpit be fumigated before I occupy it on next Sunday."

After his lecture last night, which was in Pastor Russell's "Temple" at Eighth and Flower, and not in Trinity Auditorium, Mr. Rutherford admitted that he is Pastor Russell's personal attorney, and that he preaches "Russellism" in his lectures. He further admitted that nothing was said about this when arrangements were made for renting the auditorium in which "Russellism" is specifically and particularly barred. The literature and advertisements of Mr. Rutherford prominently displayed in this city contain no reference to "Russellism" or "Pastor" Russell. -- edited.

EDITOR: Researchers can find in newspaper archives multiple similar instances of churches across the United States being used by "Judge" Rutherford and other WatchTower lecturers, with that humiliated church congregation then being left in an uproar afterwards.

An even more frequent "dirty trick", which was used regularly regardless of the venue was for a local high-ranking politician, or other prominent local citizen, to be asked to attend "Judge" Rutherford's lecture and INTRODUCE Rutherford to the local audience. Many, many such DUMBA$$ES agreed to do so after being told only that an internationally "prominent New York attorney" and "Judge" was going to lecture in their city. Generally, such INTRODUCERS were seated onstage alongside "Judge" Rutherford while he delivered one of his TWO-HOUR long lectures. Can you imagine the faces on those egotistical fools when Rutherford got around to preaching his "real message" -- "no-hellfire", "no-patriotism", etc. Of course, this "dirty trick" pretty much ended after newspapers continuously reported "Judge" Rutherford's sedition trial, conviction, and imprisonment, in June 1918.

However, you can "bet" that not only those DUPES, but also those local audiences remembered those experiences for decades thereafter. You also can "bet" that later on during the 1930s-50s that some of those "victims" were able to get some revenge on local "Jehovah's Witnesses" for how they once had been treated by still WatchTower President J. F. Rutherford.

PSS: We had already moved on when we recalled this "scam". Occasionally, advertisments for a lecture at a rented venue would be so worded such that readers would imagine that the lecture was to be "anti-Russellism", when in fact, it was being delivered by a lesser known Russellite lecturer. We suspect that such instances may not have turned out well given that only people hoping to see/hear a "train wreck" likely showed up. 

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FIRST ARREST - PROSECUTION OF A JEHOVAH'S WITNESS

(BIBLE STUDENT) FOR LITERATURE DISTRIBUTION

PENNSYLVANIA v. ELMER BRYAN was what we believe to be the VERY FIRST arrest and criminal prosecution of a "Jehovah's Witness" (Bible Student) while they were publicly distributing WATCHTOWER literature. On Sunday, March 31, 1889, Elmer Bryan was charged with "disorderly conduct" by an "Elder" of the First Presbyterian Church of Allegheny, Pennsylvania, named John Slagle, age 61. On Slagle's complaint, a summoned police officer placed Bryan under arrest, and took Bryan to jail. Later that same Sunday afternoon, as soon as Charles Taze Russell learned of Bryan's arrest, Russell rushed to the jail and posted Bryan's bond.

Undoubtedly at the insistence of Charles Taze Russell, as soon as Bryan was released from jail, Bryan went straight to each of the local Pittsburgh newspapers to give his side of the story that same Sunday evening. Elmer Bryan claimed that he had been publicly distributing WATCHTOWER literature in Allegheny for years on Sundays. Per chance (right), Bryan just so happened to be outside the First Presbyterian Church on Arch Street when it let out at noon. Bryan then entered onto the church's sidewalk and into its' vestibule (trespassing) and began to hand out WATCHTOWER literature. Bryan was immediately approached by Elder Slagle and ordered to stop, and to get off church property. When Bryan refused, Slagle and his son took Bryan by his arms and led Bryan out into Arch Street. The Slagles then continued to prevent Bryan from further accosting any of the church members as those members proceeded to walk home.

After Sunday night services, the church's Board of Trustees met and reviewed the "situation" that had occurred earlier that Sunday. The Trustees approved the actions of Elder Slagle outside the church earlier that Sunday, and encouraged Slagle to continue with his prosecution of Elmer Bryan. On Monday, Elmer Bryan appeared in Mayors Court before the Mayor of Allegheny. Bryan was fined $5.00 plus court costs. Elmer Bryan immediately filed a criminal complaint against John Slagle -- charging Elder Slagle with"Assault". Slagle, who was one of Pittsburgh's most prominent businessmen, was arrested at his place of employment on Tuesday morning. Outcome unknown. The case was passed over at the first court hearing, and probably others before being dismissed. Elmer Bryan appealed the Mayor's Court decision to the local Court of Common Pleas. There, both Bryan and Slagle were represented by attorneys. Bryan's appeal was heard, but dismissed, on April 12, 1889.

NOTABLY, Elmer Bryan would not have dared to have distributed Russell's literature as Bryan had been accustomed to doing regularly on Sundays, for years in and around Pittsburgh, unless Bryan had had Russell's expressed approval and encouragement. However, as soon as newspapers across the United States picked up Bryan's story, PROMINENT Russell supporters began to criticize Elmer Bryan under the assumption that Russell had no idea what Bryan had been doing, before or after Bryan's arrest, and that Russell disavowed all of Bryan's actions. Once the satanic Charles Taze Russell understood "which way the wind was blowing", Russell even published one of those criticisms of Elmer Bryan in the WATCHTOWER magazine. Despite such, it still took Elmer Bryan 2-3 more years before he finally figured out what kind of POS was Charles Taze Russell.

Given the amount of international litigation that has resulted from similar actions by "Jehovah's Witnesses", over many decades, one would think that "Elmer Bryan" would be an honored name within the WatchTower Cult community, and that Elmer Bryan's story would have been repeated by WatchTower officials thousands of times over the decades. HOWEVER, we are the first to publicize Elmer Bryan's story. WHY? In 1894, Elmer Bryan and other prominent followers of Charles Taze Russell publicly charged Russell with numerous business irregularities before Russell's Allegheny congregation. Elmer Bryan and the others were promptly "disfellowshipped", and as had happened to others before him, and to others after him, any favorable mention of Elmer Bryan's years of service to the WatchTower Society were deleted from its history.

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JEHOVAH'S WITNESS (BIBLE STUDENT) FOR LITERATURE DISTRIBUTION

UNITED STATES v. EMMA MARTIN (1917-20) is the first criminal prosecution -- local, state, or federal -- that we have found that resulted in a FEMALE "Jehovah's Witness" spending any significant amount of time in jail or prison.

Emma Martin, of Colton, San Bernardino County, California, became an official "Colporteur" for the WatchTower Society in June 1916. Martin had been a "Bible Student" since 1905. However, when her husband died in 1916, she began supporting herself by selling children's books door-to-door, and thereafter, by selling WatchTower literature door-to-door. Martin claimed that the "commission" from such literature sales was her sole means of support. Martin also was the "pianist" for the local Congregation, which met in rented halls.

Emma Martin was jailed in March 1918 during the nationwide federal sweep of Bible Students whom were selling copies of the seditious THE FINISHED MYSTERY book, as were three others (MALES) of her fellow San Bernardino County Bible Students. As were most arrested Bible Students across the United States, Martin was indicted in April 1918 on two federal charges -- causing insubordination and disloyalty amongst members of the military during a time of war; and obstructing the recruitment and enlistment of members of the military services. Emma Martin's fellow Bible Students blessed and encouraged Martin for her "martyrdom" both in the courtroom and later at the jail. Martin reportedly spent all of her time in jail preaching to the jail "matron" who constantly looked after Martin's welfare. That matron reported that Martin preached to her that "the end of the world" would occur before the start of 1919, and that she (matron) should get right with God.

At Emma Martin's trial in July 1918, a jury foun Martin "guilty" only on the first count of the indictment. That federal jury also recommended "leniency" to the sentencing judge -- presumably because Martin was a "female". Emma Martin ultimately was sentenced to three years in federal prison, but was released on $5000.00 bond during her lengthy -- probably intentionally drawn out -- appeals. However, after Martin's conviction was ultimately affirmed by the USCA in early April 1920, Martin was shipped to San Quentin. 

Only a few weeks later, on June 23, 1920, Emma Martin's sentence was commuted by President Woodrow Wilson, and she was immediately released and returned to San Bernardino, after President Wilson received a telegram from a large Assembly of Bible Students held in San Francisco on June 20, 1920, which included a resolution pertaining to Martin's incarceration. Note the probably intentional misleading language in that resolution sent to Wilson:

"AND WHEREAS, this Christian home missionary is now daily compelled to associate with vile and immoral negro women, being held in prison more than two years after the war is over; ... ."

Like all good Jehovah's Witnesses, Emma Martin repeatedly "shaded", "spun", and outright LIED during her trial testimony. For example, Martin could quote and explain from memory many sections throughout THE FINSIHED MYSTERY book, but the parts of the book which were "seditious" -- for which people wanted to buy the book, and for which JWs were being arrested and jailed -- Martin supposedly had never even read those parts.

It is also clear from Martin's testimony that, as it has done for decades, the WatchTower Society published material specifically designed for "public consumption", while it made sure that its members received a verbal, off-the-record interpretation of such. For decades, multiple publications of the WatchTower Society have made much of its LETTER, dated March 7, 1918, in which it ordered its members to remove offending pages 247-253 from their large stockpiles of the FM book prior to selling such. It is clear from Martin's testimony -- to those who exercise "discernment" -- that many Bible Students removed the offending pages from only one copy of FM at a time. Those removed pages were then kept in their pocket; and if/when a sales prospect inquired about such, the pages were then given to the prospect for their perusal. If the prospect wanted to buy that copy of FM, the purchaser naturally asked for, and were given, the removed pages. "Qualified" purchasers were straight out asked if they wanted a copy from which the offending pages had not been cut-out. Despite testimony to the contrary, Martin testified that after receiving the Society's letter, she had not sold a single copy of FM with the offending pages intact.

Notably, Emma Martin and several California "Bible Students" had been arrested "weeks" before "Judge" Rutherford and his WatchTower Directors were arrested. Click here to read the untold "rest of the story" as to what happened when the "really important people" were arrested.

Once again, it is anyone's guess as to why "EMMA MARTIN" is not an honored name within today's WatchTower Cult community. The odds are, as do a significant percentage of "Jehovah's Witnesses", Emma Martin may have "awakened" at some point in her later life -- with the result that Martin's service and exploits were purged from the Cult's history.

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FIRST STATE SUPREME COURT DECISION

INVOLVING A JEHOVAH'S WITNESS (BIBLE STUDENT)

PERFORMING WATCHTOWER RECRUITING ACTIVITIES

As covered in our CHARLES TAZE RUSSELL FINANCIAL BIOGRAPHY, two of "Pastor" Charles T. Russell's business-related court cases were heard by the Supreme Court of Pennsylvania in 1895 and 1898. After relocating to New York, several other of Russell's court cases went all the way to New York's highest appellate court, as did other cases in other states. NONE of those court cases related to "field service", or literature distribution. The following 1916 Decision by the Supreme Court of Idaho is the earliest State Supreme Court case which we have located which involved a "Bible Student" who was in court because of his recruiting work for the WatchTower Society.

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To hold that the use of a moving picture machine on Sunday for the purpose of illustrating a sermon, or religious lecture, is keeping open or operating a moving picture show in violation of the statute, would be to improperly invoke the police power of the state, for, thus construed and in that particular, it would bear no real or substantial relation to the public health, the public morals, the public peace, or the public safety. Such a construction would bring the statute into conflict with the [Idaho] Constitution, guaranteeing religious liberty to the inhabitants of Idaho.

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This is a suit by members of a group known as Jehovah's Witnesses on behalf of themselves and others of the same group seeking to enjoin ... officials of the State of Illinois and of St. Clair and Saline Counties in said state, from enforcing in said counties Section 471, Chapter 38 of the Revised Statutes of Illinois, in a manner that will interfere with the distribution in said counties by Jehovah's Witnesses of books and pamphlets published by the Watchtower Bible and Tract Society ... . ... ...

The essential facts are these: The plaintiffs and others who belong to a group known as Jehovah's Witnesses have for many years distributed in all the counties of Illinois, including St. Clair and Saline, books, pamphlets and other literature published by the Watchtower Bible and Tract Society ... . Sometimes they work in large groups coming into a community from surrounding counties and states. Each of them regards himself as a duly ordained minister of the gospel and carries credentials as such from said Watchtower Bible and Tract Society ... . Each believes it to be his divinely required duty to worship God and to witness for Him by distributing said Watchtower literature on the streets and from house to house.

In the months of June, September, and December, 1940, plaintiffs and others of Jehovah's Witnesses were ... distributing Watchtower books, pamphlets and periodicals on the streets and from house to house in the cities of Belleville ... and of Harrisburg ... . At times phonograph records were used. Some of them sold Bibles. They did not sell the Watchtower literature but received contributions which was the means of a livelihood for those who were full time ministers. [Editor: Is money received as "the means of a livelihood" "CONTRIBUTIONS" or PROFITS?] Said books, pamphlets, periodicals, records and other literature set forth the beliefs and doctrines of Jehovah's Witnesses. Some of them also contained drastic denunciations of all religion and religious organizations, as "a snare and a racket of the very worst kind," with particularly bitter and virulent attacks upon the Roman Catholic Church; also accusations which in substance and effect were charges of treasonable disloyalty, and deceptive and dishonest teaching and practices on the part of the leaders of both the Catholic and Protestant Churches and particularly those of the Catholic Church. Plaintiffs and others of Jehovah's Witnesses are taught and believe that it partakes of idolatry to salute the flag and not only refuse so to do but teach the doctrine.

Resentment was aroused among [THE CITIZENS OF BELLVILLE AND HARRISBURG] by the attacks contained in said literature upon religion, churches and church leaders. Some, particularly in Harrisburg, were incensed by their attitude toward the practice of saluting the flag. Complaints were made to ... law enforcing officers in both counties by those who were offended by the attacks upon religion and the Catholic and Protestant churches and upon their leaders contained in the literature so distributed, warning of violence against the persons distributing said literature unless such distribution ceased and requesting the officers to take steps to stop it.

Investigations by the officers were followed by arrests and preferment of charges against plaintiffs of violating the Illinois criminal statute, Section 471, Chapter 38, Illinois Revised Statutes, which reads:

It shall be unlawful for any person, firm or corporation to manufacture, sell, or offer for sale, advertise or publish, present or exhibit in any public place in this state any lithograph, moving picture, play, drama or sketch, which publication or exhibition portrays depravity, criminality, unchastity, or lack of virtue of a class of citizens, of any race, color, creed or religion which said publication or exhibition exposes the citizens of any race, color, creed or religion to contempt, derision, or obloquy or which is productive of breach of the peace or riots. Any person, firm or corporation violating any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50.00), nor more than two hundred dollars ($200.00).

Typical of the charging part of the complaints under which plaintiffs were prosecuted is the following: "That Emma Wilson, Charles R. Leiwe, Charles A. Davis, Ernest Summers on, to-wit, the 31st day of August 1940, at the County aforesaid then and there unlawfully advertise, sell or offer for sale a certain sketch whichpublication portrays depravity, criminality, unchastity or lack of virtue of a class of citizens belonging to the Roman Catholic religion, which said publication exposes the citizens of said religion to contempt, derision or obloquy and which is productive of breach of the peace or riot contrary to the form of the statute in such case made and provided and against the peace and dignity of the same People of the State of Illinois."

In the city of Belleville twenty-three of Jehovah's Witnesses were arrested, charged with violation of said statute and released on bond. These cases have not been brought to trial and plaintiffs have made no showing of any effort to procure trials though the cases have been pending since June, 1940, or shortly thereafter. In Harrisburg, Saline County, three of Jehovah's Witnesses were arrested, brought to trial, found guilty and sentenced to pay fines. These cases had been pending on appeal for several months at the time of the hearing herein and no showing of effort on the part of plaintiffs to obtain trial of these cases appears from the evidence. Certain of the defendants in each of said counties have told plaintiffs they will continue to arrest and prosecute any of Jehovah's Witnesses found distributing Watchtower literature in his county. Ever since and by reason of the said arrests, prosecutions and threats of future prosecutions plaintiffs have refrained from distributing said literature in said counties and say that by reason of the wrongful acts and threats of defendants they have been deprived by defendants of their rights of free speech, press, assembly, worship and their right, in connection with the distribution of said literature, to receive money contributions upon which some of them rely for a livelihood; also that unless further arrests and prosecutions are restrained by interlocutory injunction they will suffer irreparable damage and loss pending final hearing.

We have found under the evidence that defendants do not threaten or intend to arrest plaintiffs or any of them for distributing Watchtower literature in either of said counties unless the literature contains matter which, in the opinion of the state's attorney of the county, constitutes a publication in violation of said section 471 of chapter 38 of the Revised Statutes of Illinois and not then until a supposed offense has actually been committed. We have further found that the acts of the defendants in connection with the investigation, warning, arrest, detention and prosecution of the plaintiffs were official acts performed in good faith in an honest endeavor to carry out their official duties as law enforcing officers ; also thatdefendants honestly believed that the publication of the virulent attacks upon churches and religious leaders contained in the Watchtower literature being distributed by plaintiffs constituted a violation of said section 471; also that they feared and had a reasonable basis for fear that if the distribution of the literature containing such attacks continued, riots, assaults and breaches of the peace would ensue.

While the evidence does show that the defendants who are local law enforcing officers will continue to enforce the statute in their respective counties when advised by the state's attorney that the statute is actually being violated, the evidence fails to show that any extensive injury will be suffered by any of the plaintiffs or others on behalf of whom they bring this suit by such enforcement pending final hearing herein or a determination of the constitutionality of the statute and its applicability to the plaintiffs by the courts of Illinois. Plaintiffs are at liberty, so far as the evidence shows, to propagate their beliefs, distribute their literature and receive contributions anywhere outside of St. Clair and Saline Counties. The evidence indicates a practice among them of working away from home. Some of the plaintiffs are from other states. In view of this practice and the fact that the effect of the allegedly wrongful acts of defendants is confined to the counties of St. Clair and Saline, it would seem that the probable loss and injury to plaintiffs that will flow from the threatened acts of the defendants pending final hearing need not be great. Furthermore, it does not appear from the evidence that it is essential for the plaintiffs to distribute literature which belabors existing churches and their leaders with defamatory charges and epithets in order to perform their ministry; nor that there may not be a great deal of Watchtower literature for them to distribute that would be considered legally inoffensive.None of the defendants has indicated any design to interfere with any witnessing by plaintiffs in accordance with their beliefs unless such witnessing is accompanied by violations or supposed violations of existing law. ... ... ...

The precise question presented to us now takes form as follows: Should an application for an interlocutory injunction restraining state officers from enforcing a state criminal statute be allowed where the statute is not clearly unconstitutional and where the evidence shows that though some injuries and loss may be suffered by plaintiffs, through the enforcement of the statute, which may, because of their nature, be irreparable, it fails to appear that such injuries and loss need be more than slight or inconsequential? We think the question must be answered in the negative and the application for interlocutory injunction denied.

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KICKING DOWN LEGAL IMPEDIMENTS

FOR THE CRIMINALS

The defendants were convicted of violating village ordinance No. 28 of the village of Southampton, Suffolk county, N.Y., which ordinance reads as follows:

"Solicitors, etc., on Private Property. No person shall enter upon any private residential property in the Village of Southampton, Suffolk County, New York, for the purpose of vending, peddling, or soliciting orders for any merchandise, device, book, periodicals or printed matter whatsoever; nor for the purpose of soliciting alms, or a subscription or a contribution to any church, charitable or public institution whatsoever; nor for the purpose of distributing any handbill, pamphlet, tract, notice or advertising matter, nor for the purpose of selling or distributing any ticket or chance whatsoever, without the consent of the occupant of said premises previously given.

"Nothing herein contained shall be construed to apply to any person who has been a bona fide resident of the Village of Southampton, New York, for a period of at least six (6) consecutive months last past, nor to any person who has maintained a place of business in the Village of Southampton for a period of at least six (6) consecutive months, prior thereto, or his duly authorized representative. Any person violating this ordinance shall be subject to a penalty of not more than One Hundred ($100.00) Dollars for each violation thereof.

"Any violation of this ordinance shall constitute disorderly conduct, and the person violating the same shall be a disorderly person."

Southampton village and the surrounding community is well known throughout the world as a summer colony for the wealthy. It is common knowledge that the rotogravure sections of our leading newspapers carry many pictures depicting the elite and socially prominent persons of the country at play in Southampton during the summer season. Consequently Southampton is a village of beautiful homes with spacious lawns and gardens. In the past, jewel robbers have preyed on the summer residents of Southampton, creating a serious problem for the local police and others in authority. To help correct this evil Southampton ordinance No. 28 was passed and became law. This law attempted to prohibit strangers from distributing pamphlets or advertising matter without first obtaining the consent of the occupant of the premises. This statute did not affect residents who had been residents for a period of at least six months last past or any person who had maintained a place of business for a like period.

The defendants were distributing religious literature by leaving the same on the front porch, door mat, or other convenient place at the houses in the village at five o'clock in the morning, and when informed by the police of the ordinance refused to discontinue the undertaking, saying that they were protected by the Federal Constitution; that to prevent them from carrying on their avocation or occupation of serving the Master was in violation of the Fourteenth Amendment of the Constitution.

The defendants raised three points in their argument on appeal, as follows:

1. The ordinance as construed and applied is void because it deprives the defendants of their right of freedom of speech and of press and freedom to worship Almighty God as commanded by Him in the Bible and according to the dictates of conscience, all in violation of section 1, Fourteenth Amendment, United States Constitution.

2. The ordinance is void on its face because it deprives the defendants of equal protection of the laws and of due process of law in violation of section 1, Fourteenth Amendment, United States Constitution, in that the ordinance is unreasonable, discriminatory, and arbitrarily deprives persons of liberties, privileges, and immunities constitutionally guaranteed and secured, and amounts to legislation by individuals rather than by the constituted authority because the ordinance can or cannot have effect according to the pleasure of individual occupants of premises.

3. The ordinance is unconstitutional and repugnant to section 1, Fourteenth Amendment, United States Constitution, because it imposes an improper classification predicated upon residence and in operation is unreasonable and because of lack of rational connection between the interdiction of the ordinance and the end ostensibly sought to be accomplished, so that it cannot be justified as an exercise of the police power.

The police power is very broad, and necessarily so, and certainly the police power is broad enough to give a local legislative body of any community the right to protect its citizens, and the only question is whether or not this local ordinance is discriminatory in that it exempts local residents. It makes it very difficult for the police where a person, under the guise of distributing literature or otherwise, can go from house to house, leave the road or sidewalk and go to a person's front door with pamphlets. Of course, most people are not criminals and would do this with honest motives and good intentions, but I believethe courts should take judicial notice of the fact also that there are some persons living in these United States who are criminals, and very dangerous ones. Residents should be protected against the kidnapper and the highwayman, and where would the kidnapper and the jewel thieves operate? Certainly not in the slums, but in a place like Southampton. The exercise of any police power limits individual freedom. Some do not like the Legislature of our State to fix a speed limit on the highways, yet the speed limit and regulation is not fixed and enforced for those who drive in a careful and prudent manner but for the reckless few, and I believethe defendants in this case should recognize that they owe to society the giving up of a little freedom for the benefit of all the persons in the community. And certainly no one will argue that if the police have the power to arrest any one who violates ordinance No. 28, and question him as to his residence and business and from where he came, it is a very powerful weapon in discouraging criminals. ... The local legislature of the village of Southampton in its wisdom has found that six months' residence is sufficient for the purpose at hand, and the court should not find fault with the legislature's wisdom if it is reasonable. ...

The Legislature is justified in guarding against any evil which may be fairly anticipated, and it has wide discretion in deciding what means to be used, and unless the means used to correct the evil are unduly oppressive and confiscatory, the courts will not interfere. ...

The other point raised on appeal, namely, that the defendants were denied their right of freedom of speech and of the press and freedom to worship Almighty God as dictated to them by their conscience and guaranteed by the Fourteenth Amendment to the United States Constitution, is a much more serious matter. In this twentieth century, when so few people are effusive about their religion, those who are should be encouraged, and I believe every fair-minded individual, whether a communicant at any temple of religion or not, respects and admires those who practice their religion faithfully. There is not any doubt that the defendants are enthused with their religious beliefs and are ready to sacrifice themselves in spreading it. There is not any question in any one's mind about the honesty of purpose of the defendants or their freedom from any nefarious scheme. What they were doing was undoubtedly harmless. Maybe it did a lot of people good, but the police too do a lot of good in another way, and in performing their duty as such the defendants cannot complain providing the police acted within the law of the land.

Whether the enactment of the ordinance is wise or unwise, whether it is the best approach to the evident danger, is a matter for the judgment of the legislature, and if they drew the ordinance within the Constitution, then the court will not interfere. ...

The Fourteenth Amendment guarantees the equal protection of the law. Laws are not abstract propositions in themselves, but are expressions of policy based upon the will and needs of the people. The classification in favor of residents is not a new proposition, and the legislative body of the village of Southampton has the power to make residence a qualification. It was held in the case of Tigner v. Texas ... that the Legislature has the power to exclude farmers and stockmen from the criminal statute against combination and monopoly, and certainly it is no more discriminatory to prohibit strangers from going to a person's house for the purpose of soliciting or leaving pamphlets without previous permission than it is to discriminate against a class.

The rights of the individual are not absolute. They are subject to the exercise of the regulatory powers of government. The State may enact laws regulating, restraining and prohibiting, although such regulation, restraint or prohibition interferes with, curtails or diminishes personal rights. Judgment affirmed.

Appellants were convicted of a violation of an ordinance of the village of Southampton, which ordinance makes any person guilty of disorderly conduct who, "without the consent of the occupant of said premises previously given", enters upon private residential property in the village for certain purposes, including "the purpose of distributing any handbill, pamphlet, tract, notice or advertising matter." The ordinance states that it is not to be construed to apply "to any person who has been a bona fide resident of the Village of Southampton, New York, for a period of at least six (6) consecutive months last past, nor to any person who has maintained a place of business in the Village of Southampton for a period of at least six (6) consecutive months, prior thereto, or his duly authorized representative."The ordinance contains a "preamble" to the effect that it was enacted pursuant to the village's police power and in order to protect its citizens against crime and preserve the private property, peace and comfort of the occupants of private residences in the village.

On the trial it was established, without dispute, that appellants, who are ordained ministers of their religion and authorized representatives of a publishing house or publishing department of that religion, and who are not within the exceptions of the ordinance as to residence or business place in the village, did, without the previous consent of any householders, circulate religious pamphlets from door to door in the village very early in the morning of July 30, 1940. The sole defense of the appellants was and is the alleged unconstitutionality of the ordinance in that, according to appellants, it is repugnant to the Fourteenth Amendment to the United States Constitution as depriving them of their rights to freedom of religion, freedom of speech, and the equal protection of the laws, and in that it makes an invalid distinction or classification based on residence in or out of the village.

We hold the ordinance valid. It does not prohibit pamphleteering. It regulates pamphlet distribution in private, not public, places, and gives no public officer any power of censoring the pamphlets or licensing, or refusing to license, their distribution. ... It does not infringe any of appellants' rights to the free exercise of their religion since it merely regulates their entry onto private property for the purpose of promoting their religious beliefs. It does leave to the pleasure of the individual householder the determination of whether or not pamphlets may be circulated on that householder's premises, but this infringes no right of appellants, since the Constitution does not guarantee them any right to go freely onto private property for such purposes. As to the alleged invalid discrimination in favor of residents, we hold, taking into consideration the statement of purposes contained in the ordinance's preamble, that the distinction is valid in a small village where, presumably, the dangers and annoyances of trespasses or unsolicited visits are less when the trespassers or uninvited visitors are not strangers but known, or easily identifiable and traceable, residents of the community. ... The judgments should be affirmed.

CHAPLINSKY v. NEW HAMPSHIRE

[T]he Reverend (self-designated) T.F. Lawlor of St. Mary's Catholic Church, New Britain, praised the police greatly for their brave activities in the suppression of religious freedom. Mr. Lawlor says he believes in religious freedom, except when the Catholic Church is attacked and he would like to have removed from office all officials who do not conform to his special interpretation of freedom of worship and conscience.

As in most cases when the high court rules upon legality, it did not rule on wisdom ... . Distributors may, for instance, be within their constitutional rights in throwing a handful of circulars into the householder's vestibule. But that there is any profit in it, or in scattering them on porches so as to be blown off and to strew a lawn and to collect in shrubbery, is more than doubtful. There was no sign of hostility to the Jehovah's Witnesses, only an aversion to litter. The New Haven Journal-Courier also ran an editorial supporting the [U.S.]Supreme Court's decision in favor of the [Jehovah's] Witnesses.

The record of that religious organization is written in human blood and tears of bitterness ... . The cruel Inquisition of that religious organization has left its slimy trail in almost every land on earth. It has ever been known as an unclean thing, for the reason that many of its leaders and priests have been and are morally putrid.

The most seductive and subtle instrument employed to deceive man is religion, because religion has the appearance of doing good, whereas it brings upon the people great evil. There are many different religions, all of which are deceptive, are the instruments of the enemy Satan, and all work to the injury of men. This book submits the conclusive proof that for more than fifteen hundred years a great religious system, operating out of Rome, has by means of fraud and deception brought untold sorrow and suffering upon the people. It operates the greatest racket ever employed amongst men and robs the people of their money and destroys their peace of mind and freedom of action. That religious system is vigorously pushing its political schemes amongst all the nations of earth, with the avowed purpose of seizing control of the nations and ruling the people by cruel dictators.

Much that appears in these publications would give offense to devout persons of [Catholic, Protestant, or Jewish] religious persuasions, if forced upon their attention. Most persons would ignore such emanations as unworthy of serious attention . ... I can comprehend no useful purpose for this writing or publication of such matter, but I am as little willing to declare them unlawful per se as I would be to declare that a Christian may not argue the Divinity of Christ, a Jew deny it and a Confucianist ignore it as a legend ... . I can see little danger to either government or any substantial religion resulting from stupid, bigoted or fanatical attack.

I claim that I haven't elicited everything as to the woman's feeling that she wanted to take, perhaps, an active step in doing something to this fellow or something in the form of physical violence to him. I claim that I have a right to go into the workings of her mind under common law breach of the peace -- that having met with this situation and having her religion attacked as it is in these pamphlets, she felt like, as we put it vulgarly, perhaps, doing something to inflict violence on him, although she is a woman. She was so worked up that she wanted, perhaps, to resort to violence and hit or strike him, in addition to what she has already said.

Q: I will put it again. After hearing this record ...
A: Yes, sir.
Q: What was your reaction? Did you want to do something or nothing about it? Did you want to do something?
A: Yes, sir.
Q: What did you want to do?
A: I just wanted him to take that victrola and get out of there.
Q: Did you want to beat him up or do anything like that?

Conviction ... was not pursuant to a statute evincing a legislative judgment that street discussion of religious affairs, because of its tendency to provoke disorder, should be regulated, or a judgment that the playing of a phonograph on the streets should in the interest of comfort or privacy be limited or prevented. Violation of an Act exhibiting such a legislative judgment and narrowly drawn to prevent the supposed evil, would pose a question differing from that we must here answer. Such a declaration of the State's policy would weigh heavily in any challenge of the law as infringing constitutional limitations.