Sellers v. Johnson, Civ. No. 746.

• Decision Date: 30 December 1946
• Docket Number: Civ. No. 746.
• Parties: SELLERS et al. v. JOHNSON et al.
• Court: U.S. District Court — Southern District of Iowa

69 F. Supp. 778

SELLERS et al. v. JOHNSON et al.

Civ. No. 746.

District Court, S. D. Iowa, C. D.

December 30, 1946.

COPYRIGHT MATERIAL OMITTED

Hayden Covington, of Brooklyn, N. Y., for plaintiffs.

W. B. Sloan and Herschel G. Langdon (of Herrick, Sloan & Langdon), of Des Moines, Iowa, and J. O. Watson, Jr., of Indianola, Iowa, for defendants.

DEWEY, District Judge.

This action was brought by plaintiffs for themselves and other members of the Jehovah's Witnesses to restrain certain individuals in the Town of Lacona and Warren County, Iowa, from an interference with their constitutional rights of freedom of speech and assembly. The action came on for hearing in open court at Des Moines, Iowa, on the 25th to 28th days of November, 1946, upon its merits and was submitted to the court for decision.

The Facts

The facts are not greatly in dispute but the parties have deduced therefrom widely different inferences.

Plaintiffs seek an injunction to restrain the defendants from interference with plaintiffs' exercise of their rights of freedom of speech and worship in the public park of the town of Lacona, Iowa. In addition thereto plaintiffs request the court to declare that the acts and conduct of the defendants are in violation of law, and that the regulations, ordinances and statutes under color of which the defendants have admitted that they acted are unconstitutional and contrary to the Civil Rights Act.

The matters out of which the controversy arose first started when the council of Jehovah's Witnesses of the Des Moines area decided to hold a series of four meetings on each Sunday from Sept. 1 to Sept. 22, 1946, inclusive, in the public park at Lacona, Iowa. None of the Witnesses live in Lacona. Some of the representatives of the Witnesses called on two of the town council of Lacona on August 31, 1946, and asked for leave to use the park for these purposes. These councilmen thought there would not be any opposition and one of the councilmen said there was no reason to see other members of the council as there would be no trouble about their using the park. On this same date some of the Witnesses called at homes in Lacona, partly to advertise the intended meetings and partly to offer for sale their tracts or books and to talk religion. They also advertised the meetings by placards placed in the windows of business houses.

The next day, Sunday, September 1, several carloads of the Witnesses appeared at Lacona and held a service in the public park in the afternoon. Beginning on the day before this meeting there was in the town a spirit of opposition to the plaintiffs. The opposition was not based on what the Witnesses might say or against any individual, but upon the fact that certain citizens of the town and surrounding country disliked the organization on account of its attitude in opposing the draft and refusing to take any part in the 2nd World War. The meeting on Sept. 1, in the park was completed without organized opposition, although there was some interference with the speaker.

What opposition there was, however, to the meeting was reflected by the action of the town council which held a meeting on the night of Sept. 2, and passed a motion declaring that the town park or public square could not be used for any meeting or congregation of any kind unless it be brought up before the town council and voted on.

On Sunday, September 8, 1946, about noon, two cars filled with Jehovah's Witnesses called on the mayor to talk about the incident of the opposition to them on Sept. 1, and learn what could be expected at their meeting of that afternoon. The mayor says that they did not ask for protection and the mayor informed them that there was opposition against them in the town and that they were coming into the community too soon after the War; that they should wait until the feeling engendered by the War should subside before holding protracted meetings in the park. Aside from argument he took no action to prevent their meeting that afternoon.

As the day progressed it was evident that there was a tense feeling and an atmosphere which indicated there was going to be trouble in the park that afternoon. The bandstand was filled with parties who expressed their displeasure at the actions of the Witnesses in trying to hold a meeting in the park, and a couple of citizens came to the bandstand with an American flag.

Notwithstanding this known feeling the Witnesses selected another part of the park for their services and started to set up a loud speaker to carry the sermon of the day. This action on the part of the Witnesses started a discussion with certain members of the opposition group which finally resulted in blows being struck and Jehovah's Witnesses spread out to protect the loud speaker and the other members of their group. Some of the Jehovah's Witnesses had brought cameras and pictures were taken of what followed. Several fights took place. The Mayor when he arrived later said that he saw bloody noses, scratched and bleeding faces. At least two Witnesses were knocked down, but it seemed from their testimony that they not only protected themselves but gave out more punishment than they received.

When the trouble started some members of the Witnesses by pre-arrangement called the sheriff who lived at Indianola. The Mayor had gone to a family reunion and he and the sheriff arrived in the park shortly after the fights had taken place. The sheriff with the Mayor talked to some of the leaders of the Witnesses and told them they ought to call off the meeting and, as it was then getting late, the Witnesses agreed not to try to hold any further meeting that day and by an agreement were to see the sheriff and talk things over at his office in Indianola during the week.

The Mayor says that he never objected to the use of the park by the Witnesses. On Sept. 10, the town council resolved on a motion that, as the town council had prescribed rules for the use of the public park in Lacona, the Jehovah's Witnesses would have to have permission from the council before holding meetings in the park, or their action would be deemed an unlawful act and be punished as such.

On Sept. 11 the Mayor addressed a notice to C. E. Sellers and the Jehovah's Witnesses, stating that the town council had prescribed rules for the use of the public park at Lacona by groups holding meetings and that they had not obtained permission to use the park. Further, that any attempt to hold a meeting in the park without permission of the council would be deemed an unlawful act and punishable as such.

It was indicated, although not directly shown, that some time between the 8th and the 14th of September, certain prosecutions of the citizens of Lacona were being held in Indianola growing out of the affair of the 8th.

Certain members of the Jehovah's Witnesses called on the sheriff at his office on Sept. 11, and said that they wanted to hold the four meetings and asked that the sheriff protect them. The sheriff told them that he doubted whether he could protect them and asked them not to insist upon their holding meetings in the public park and suggested that if they would hold them at some private place he could handle the crowds better and protect them, but he was concerned about being able to maintain law and order if they persisted in holding their meetings. And on this and at other times he called their attention to the resolution of the town council of Sept. 10, requiring permission to be granted before using the public park and asked them not to try to hold any further meetings in the park and later told them that they could not and would not be permitted to use the park for further meetings.

During this week between Sept. 8, and the 15, the county attorney was consulted both by the Witnesses and by the sheriff and mayor, and on Sept. 13, the town attorney, the county attorney, the sheriff and the mayor called at the office of the Attorney General of the State of Iowa and were advised not to permit further meetings of Jehovah's Witnesses and a plan to blockade all of the roads to prevent a meeting by the Witnesses on Sunday, Sept. 15, was approved by all parties. The commissioner of public safety agreed to furnish help on such a blockade. The sheriff told some of the Jehovah's Witnesses who had followed them to the State House they had better not come back to Lacona, that they couldn't hold any meetings there on the 15.

On Sept. 14, the Jehovah's Witnesses handed the sheriff a letter. This letter, after reciting what had transpired previously, notified the mayor that Jehovah's Witnesses would continue with their planned public meeting at Lacona on Sept. 15, and thereafter until the scheduled series was completed, and that the mayor and sheriff were further informed by the letter that if adequate police protection was not provided to assure Jehovah's Witnesses and others against injury and damage, civil actions would be instituted for damages.

In the meantime and between Sept. 8, and the 14, information had been coming to the sheriff that if the Jehovah's Witnesses attempted to hold a meeting at the public park at Lacona on Sept. 15, there would be trouble and bloodshed, as the meeting was going to be prevented by hundreds of "G. I's", if there was an attempt to hold a meeting. He was informed that 1,500 were coming from Ottumwa and the sheriff at Chariton, (the county seat in an adjoining county) called the sheriff by telephone and advised that he could not handle the "G.I's" from Chariton alone if the meeting were permitted. From this and other information coming to the sheriff from reliable sources he was convinced that if further meetings were held in Lacona there would be riots and bloodshed. He, therefore, decided to carry out a plan to blockade all of the roads and not permit any one in or out of the town on September 15.

On Saturday night, Sept. 14, the commercial club of the Town of Lacona had a meeting and discussed the...