Manuscript/Mixed Material NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New York v. Johnson, undated (criminal law, N.Y.)
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Image 1 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … NAACP LEGAL DEFENSE AND EDUCA A AT YED BOX 1 FOLDER A et RE I SUBJECT FILE COLLECTED cases NM
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 2 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … To be Argued by AIKEN A PoPE Court of General Sessions of the Peace IN AND FOR THE COUNTY OF NEW YORK PEOPLE OF THE STATE OF NEW YORK Respondents against KATHRYN…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 3 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … Facts The facts upon which the charge of violating Section 15 Article 2 Chapter 22 of the Code of City Ordinances is predicated are as follows On Priday May 6 1921 at…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 4 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 3 The leaflets in question were entitled Stop the Ku Klux Propaganda in New York They were distributed by the defendants and purported to call the attention of the public to the…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 5 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 4 2 That if said ordinance may be interpreted to make the acts committed by the defendants unlawful said ordinance is invalid as ultra vires the charter powers of the City of…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 6 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 5 The questions posed for this Courts deter mination on this appeal are therefore 1 Whether Section 15 Article 2 Chapter 22 of the Code of Ordinances of the City of New…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 7 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … Argument POINT I Section 15 Article 2 Chapter 22 Code of Ordinances of the City of New York does not prohibit the act of handing out or giving away circulars to pedestrians…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 8 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 7 People v Lacombe 99 N Y 48 People v N Y Commissioner of Taxes 95 N Y 554 People v Pierson 79 N Y 424 People v Meyers 71 Mise 77…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 9 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 8 presumed that some exception or qualifica tion was intended by the Legislature to avoid such conclusion Where it is ap parent that a strict construction of a statute would defeat the…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 10 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 9 Rubbish It is apparent therefore that it is only when circulars are thrown away or cast away in the streets that is to say when they are discarded and distributed as…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 11 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 10 The catcher and possessor at whom the penal provisions of that section were aimed are those engaged in the pursuit of clams as a business or pastime and who in order…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 12 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 3 3 is here held to be a legitimate subject for consideration in determining the intention of special legislative action People Vv Molyneux 40 N Y 113 Bishop Vv Barton 2 Hun…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 13 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 12 refuse into the streets with a view of preventing the littering of the streets This latter was the evil sought to be prevented It was not intended to legislate on the…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 14 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 13 accords with the subject to which the statute re lates People v Fitzgerald 180 N Y 109 People v Woods 169 App Div 649 Smith v Helmer 7 Barb N Y…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 15 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 14 in the street If it be urged that the pedestrians would throw the circulars away after having read them and therefore the ordinance was intended to prevent this result the answer…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 16 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 15 on any stoop vestibule or hall of a build ing Obviously the owner of any house having a front yard court yard stoop vestibule or hall way could allow another person…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 17 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 16 tribute making the word distribute synony mous with throw and cast and equivalent to the word scatter B The prosecution in the instant case however would use Section 15 Article 2…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 18 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 17 could not be understood as meaning unlawful ap propriation of the literary property of another So again stock might mean a very different thing when used in relation to husbandry or…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 19 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 18 the ordinance to the case at bar is based upon such an ingenious but fallacious use of the word distribute While the word distribute may have such broader meaning as contended…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 20 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 19 and give color and expression to each other must be applied to the statute and ordinance under consideration In other words a particular word ought not to be permitted to control…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 21 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 20 distribute used therein as excluding any broader meaning than throw cast or scatter in keeping with the context and subject matter of the statute as it is a penal statute and…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 22 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 21 lowing an enumeration means other such like See McKinneys Consolidated Laws Book 1 Section 131 and cases there cited The limit ing phrase following the rule of construction ap plicable thereto…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 23 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 22 words relating to the possession This is the natural and more obvious meaning of the language used as it would ordinarily be understood and it is the more reason able interpretation…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 24 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … A 23 tisement except in such manner as may be ap proved by the Commissioner of Police It is submitted that advertising matter con notes only such matters as disclose the further…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 25 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 24 the wares advertised But soliciting is a well known and defined action and adver tising is an equally well known and de fined action and they are not identical It ig…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 26 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 25 Ku Klux propaganda in New York Next there are three statements of fact The first states the relation between The Birth of a Nation and the Ku Klux Klan The second…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 27 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 26 gress of the activities of the Ku Klux Klan it is an educational document and insofar as it seeks to inform and influence public opinion it is a social and political…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 28 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 27 would be to hold that all such handing out or giving away of circulars pamphlets etc on the streets of New York is per se illegal regardless of the circumstances of…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 29 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 28 apprehended to life and limb yet the rea sonableness or unreasonableness of an or dinance is not determined by the enormity of some offense it seeks to prevent and punish but…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 30 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 29 1 As to the contents of the matter distributed legal safeguards are ample as a few examples will show a If the printed matter contained in the circulars or handbills distributed…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 31 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 30 of the City of New York does not prohibit the act of handing out or giving away of circulars to pedestrians in the streets for which act the defendants were convicted…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 32 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 31 Nor would such ordinance be an exercise of legis lative authority as might be construed as essen tial to the declared objects and purposes of the corporation The sole source of…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 33 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 32 handing out of circulars to pedestrians in the streets It gives power only to prevent the throwing or depositing upon ihe streets This is in accord with the interpretation and effect…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 34 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 33 ing noises in the streets impliedly with holds the power to prevent the ringing of bells and the crying of goods for sale at auction in the street by giving authority…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 35 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 34 In this case a similar rule of construction was involved The Court speaking through Judge Gaynor said The power te make ordinances to reg ulate and license but not to prohibit…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 36 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 35 ing section Section 43 General Welfare clause which is of a general nature as the specific enumeration of powers granted excludes the general People v Angle 109 N Y 564 Praoit…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 37 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 36 POINT IIL Section 15 Article 2 Chapter 22 Code of City Ordinances if given the effect con tended for by the prosecution violates the constitution of the State of New York…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 38 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 37 authority But the ordinance in question does not do so It is arbitrary it is absolute allow ing for no exceptions or public exigencies The ordinance goes so far as to…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 39 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 38 ants circulate their ideas of amiable relations between races and educate the public to that ideal if the only American way the way of edu cation is closed to them by…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929
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Image 40 of NAACP Legal Defense and Educational Fund Records: Subject File, 1929-1968; Collected cases; New … 39 executive power those guaranties and safe guards to individual rights which in Eng land were first extorted from the crown only as limitations upon the crown Again on page 709 the…
- Contributor: NAACP Legal Defense and Educational Fund
- Date: 1929