State v. Zanker, 27763.
| Decision Date | 14 February 1930 |
| Docket Number | No. 27763.,27763. |
| Citation | 229 N.W. 311,179 Minn. 355 |
| Parties | STATE v. ZANKER et al. |
| Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Municipal Court of Minneapolis; Fred B. Wright, Judge.
Frances Zanker and others were convicted of disorderly conduct under a city ordinance, and they appeal. Affirmed.
Defendants were strikers. They went to the home of Norma Christensen, a coemployee, but a nonstriker and a nonunion member. They marched back and forth in front of the Christensen home carrying a large banner bearing these words: ‘Norma Christensen, strike breaker, lives here, who is lowering wages and lengthening hours for employees in the city of Minneapolis.’ People gathered about. Resentment was expressed. Responding to a neighbor's call, police interfered. Held that defendants were guilty of ‘disorderly conduct’ in violation of a city ordinance, the specific provisions of which are mentioned in the opinion. Arthur LeSueur, of Minneapolis, for appellants.
Henry N. Benson, Atty. Gen., and Neil M. Cronin, City Atty., and Arthur P. Jensen, Asst. City Atty., both of Minneapolis, for the State.
Defendants appealed from a judgment convicting them of disorderly conduct. The conviction was under a city ordinance which provides that ‘any person or persons who shall make, aid, countenance or assist in making any * * * disturbance or improper diversion and all persons who shall collect in bodies or crowds in said city, for unlawful purposes or to the annoyance or disturbance of the citizens or travelers,’ shall be punishable, etc.
Defendants were former employees of the Northbilt Leather Craft in Minneapolis and had been on a strike for about three weeks prior to September 5, 1929, the date of the alleged offense.
Norma Christensen, age 17, an employee of the same concern, and a nonstriker and nonunion member, was living with her parents at 3340 Thirty-Fourth Avenue South. This home was in the residential district where homes were owned by the working class.
Defendants went to the above address in an automobile which they parked, and while there two of them remained in the car while the other two got out of the car and produced a banner bearing these words: ‘Norma Christensen, strike breaker, lives here, who is lowering wages and lengthening hours for employees in the city of Minneapolis.’ They carried the banner back and forth in front of the Christensen home about eight minutes. Mr. Christensen ordered them off the sidewalk, and they then continued marching back and forth in the street in front of the house. The police, responding to a neighbor's call, found 15 to 20 people gathered and ‘a lot of young people came up...
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...Minn. 481, 265 N.W. 302. Most of the cases have based their holdings on a disorderly conduct statute or ordinance, e.g. State v. Zanker, 1930, 179 Minn. 355, 229 N.W. 311, upon the likelihood of resulting violence, Miller v. Gallagher, 1941, 176 Misc. 647, 28 N.Y.S.2d 606, Busch Jewelry Co.......
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...right to picket the private residences of other employees or of the employers of that business or industry. (State v. Zanker, 179 Minn. 355, 229 N.W. 311; State v. Perry et al., 196 Minn. 481, 265 N.W. 302; People v. Kaye, 165 Misc. 663, 1 N.Y.S.2d 354; Petrucci v. Hogan, 5 Misc.2d 480, 27 ......
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