Coleman v. City Of Griffin

• Decision Date: 17 September 1936
• Docket Number: No. 25695.,25695.
• Citation: 55 Ga.App. 123,189 S.E. 427
• Parties: COLEMAN. v. CITY OF GRIFFIN.
• Court: Georgia Court of Appeals

55 Ga.App. 123

189 S.E. 427

COLEMAN.

v.CITY OF GRIFFIN.

No. 25695.

Court of Appeals of Georgia, Division No. 1.

Sept. 17, 1936.

Rehearing Granted Dec. 15, 1936.

Judgment Adhered to Dec. 18, 1936.

Syllabus by the Court.

1. Restraints upon the free exercise of religion according to the dictates of conscience are unlawful under our state and national constitutions. "No external authority is to place itself between the finite being and the Infinite when the former is seeking to render the homage that is due, and in a mode which commends itself to his conscience and judgment as being suitable for him to render, and acceptable to its object. [But 'religious liberty does not include the right to introduce and carry out every scheme or purpose which persons see fit to claim as a part of their religious system. No one can stretch his liberty so as to interfere with that of his neighbor, or violate police regulations or the penal laws of the land, enacted for the good order and general welfare of all the people.']" 2 Cooley's Constitutional Limitations (8th

Ed.), 968.

2. An ordinance passed by the City of Griffin, declaring "that the practice of distributing, either by hand or otherwise, circulars, hand-books, advertising, or literature of any kind, whether said articles are being delivered free, or whether same are being sold within the city limits of the City of Griffin, without first obtaining written permission from the city manager of the City of Griffin, shall be deemed a nuisance, and punishable as an offense against the City of Griffin, " does not deprive the defendant of his constitutional right of the free exercise and enjoyment of religious profession and worship, even though it prohibits him from introducing and carrying out a scheme or purpose which he sees fit to claim as a part of his religious system. "A party's religious belief cannot be accepted as a justification for his committing an overt act made criminal by the law of the land."

Error from Superior Court, Spalding County; Wm. E. H. Searcy, Jr., Judge.

Spencer Coleman was convicted in the Recorder's Court of the City of Griffin of violation of a city ordinance, the Superior Court refused to sanction his petition for certiorari, and he brings error.

Affirmed.

Chas. G. Reynolds, John O. Owen, and C. F. Hutcheson, all of Atlanta, for plaintiff in error.

W. H. Connor, Sol. Gen., and J. O. Futral, both of Griffin, for defendant in error.

MacINTYRE, Judge.

Coleman was convicted, in the recorder's court of the City of Griffin, of a violation of section 1 of an ordinance of said city which reads as follows: "That the practice of distributing either by hand or otherwise circulars, hand-books, advertising, or literature of any kind, whether said articles are being delivered free, or whether same are being sold within the city limits of the City of Griffin, without first obtaining written permission from the city manager of the City of Griffin, * * * shall be deemed a nuisance, and punishable as an offense against the City of Griffin." The judge of the superior court refused to sanction a petition for certiorari, and the defendant excepted.

At the trial in the recorder's court, Paul Slaton, a citizen of Griffin, testified that he knew Mr. Coleman and saw him in Griffinon March 15, and that Mr. Coleman gave him a yellow card and asked him if he did not want to buy a book. Mr. Slaton told him that he did not want to read the card and he did not want to buy a book, and then Mr. Coleman gave Mr. Slaton a radio slip. The yellow card was introduced in evidence. It reads as follows: "The newspapers have had much to say about Loyalty. The Associated Press, however, declines to publish the truth regarding this issue. Every fair-minded person should want to know the true facts. I would like to leave with you some booklets which discuss problems affecting you. New political methods are everywhere. Dictators grab control of the governments and make special laws. How can you be loyal to all and still be true to God? The answers in these booklets will help you, because there is no dodging or side-stepping the issue, but straightforward Bible answers, which is what you need and want. These three booklets please read carefully, and by contributing, say, ten cents you will make it possible to print more of these which can be placed in the hands of other persons desiring truth." After the admission of this evidence, the defendant made a statement admitting that he did not obtain from the City of Griffin a permit to distribute circulars, handbooks, advertising, or literature of any kind, and that at the time he was arrested he was distributing circulars, handbooks, advertising matter, or literature within the City of Griffin. He further stated that he did not ask for a permit from the City of Griffin, because he was sent by Jehovah to do His work, and that His law is supreme and above every human law, and to apply for a permit to do His work would be an act of disobedience to His commandment and it would be an insult to Almighty God. A copy in full of said statement is as follows: "I admit that I did not obtain from the city manager of the City of Griffin a permit to distribute circulars, hand-books, and advertising, or literature of any kind, and I further admit that at the time I was arrested by the police officers of the City of Griffin I was distributing circulars, handbooks, advertising matter or literature within the City of Griffin. I am one of Jehovah's witnesses, who are entirely devoted to God, and who obey His law by publishing his truth without money consideration. I am a true and sincere follower of Christ Jesus, who is the Son of Jehovah God. I have consecrated myself to do the will of God, and to follow in the footsteps of Jesus. In obedience to the command of Jehovah I was preaching the gospel of His Kingdom from house to house when I was arrested. God's command as set forth in His Holy Word at Isaiah 61: 1, 2; Matthew 10:7, 12; John 18:37; Acts 20: 20; 1 Peter 2:21. If I failed or neglected to obey these commandments, I would be destroyed. This is shown in Acts 3:22, 23; which reads as follows: 'For Moses truely said unto the fathers: A prophet shall the Lord your God raise up unto you of your brethren, like unto me; him shall ye hear in all things whatsoever he shall say unto you. And it shall come to pass that every soul which will not hear that prophet shall be destroyed from among the people.' I called on the people at their homes and told them about the kingdom of Jehovah. I displayed to them books and booklets which contain the message of the Kingdom, and gave them opportunity to secure this printed message if they so desired. I further offered to the people invitations to hear the Kingdom message over the radio. As I had opportunity I told the people how they could have a part in the work, either through going forth to the people with the message or by making a small contribution to assist in carrying the message forward. The message is too important and the time is too short to cover the whole work in a few words; hence the message of facts concerning Jehovah's kingdom and giving the scriptural authority. This enables the people to sit quietly in their own homes and to inform themselves of and concerning the real meaning of present-day world distress, and of the kingdom that will bring relief. Under the authority of Jehovah I am a duly ordained and authorized minister of the gospel, and it is incumbent upon me, in obedience to God's law, to preach the gospel. I worship Jehovah God by obeying His commandments. Gad's work, the Bible, commands all who worship him in spirit and in truth to go from place to place and tell others about Him and His Kingdom. At the time I was arrested I was going from house to house in obedience to His word, and...