Victories in Your Defense (1941)
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KINGDOM NEWS
INFORMATION for all persons of good will toward Almighty God. Constructive comfort for all that mourn. GOD'S TRUTH shields and strengthens the upright.
... the government shall be upon his shoulder; and his name shall be called Wonderful Counsellor, . . of the increase of his government and peace there shall be no end . . The zeal of JEHOVAH of hosts will perform this.—Isaiah 9:6,7.
DEVOTED to the principles of Justice, truth, equity and kindness as exemplified in the acts and sayings of The Creator of the Universe and of His King Christ Jesus.
New York City - August 1941
Vol. 1
No. 9
Victories in Your Defense
America's Gain by the Fight
VICTORIES in defense of rights and privileges which you enjoy as an American are not always gained on the bloody battlefields with carnal weapons. Battles for the upholding and preserving of the United States Constitution and its Bill of Rights are not always fought between armies locked in combat resulting in mournful loss of precious human lives. For several years past, while sanguinary wars have raged on other continents in which democracy is seriously concerned, right here within these United States and behind the peaceful, dignified fronts of court buildings have been waged battles in behalf of our common rights and liberties, and that with gratifying success.
Strangely, these victories for the right and freedom have been by a very unpopular minority, Jehovah's witnesses, but nevertheless with the highest benefit to all true Americans. Thus they are indebted to the courage and faithfulness of a small minority, but little does the general public appreciate this or know of it.
The Facts in Brief
Recently the attorney general of the State of Indiana cross-questioned one of Jehovah's witnesses on the witness stand and asked: "What has your organization done to make the people love you?" He went on to inquire about the building of hospitals, orphanages, church buildings, etc., but never asked about their defense of the fundamental principles upon which this nation and its Constitution are based, and which are now in grave danger by enemies of freedom and truth and righteousness within our very borders. It was Patrick Henry that said, "Give me liberty or give me death!" and he was one of those few that appreciate that the things of the spirit are far more important and precious to life and happiness than the perishing material things built by religionists and other imperfect men. Jehovah's witnesses are interested in the things of eternal value and in the lasting welfare of their fellow men, not the crumbling things of these present perilous times.
Particularly during the past three years, in every state of the Union the false charges have been leveled against Jehovah's witnesses by religionists and their allies, to wit, charges of "sedition", "disrespect to the flag," "riot," "breach of the peace," "disorderly conduct," "against the
government," "trespassing," "offending and annoying people," "vagrancy," "soliciting, peddling, canvassing, selling, conducting a business, hawking from house to house and on the streets without permits or licenses." "inciting riot," "assault and battery," "distributing obscene literature," "blasphemy," "violating the Sabbath laws," "distributing circulars without a permit," and many other purposely manufactured false charges. On all the above charges the courts have ruled in favor of Jehovah's witnesses and completely vindicated them and their work.
The arrests that have followed such charges have numbered into the thousands, and the fight for freedom to do that which is right and which is also commanded by the Almighty God and Supreme Being has been with great cost to Jehovah's witnesses in their financial means, comfort, liberty and personal freedom. A costly fight, but worth every bit of it.
The great majority of the cases were dismissed in the trial courts; but a great number have been appealed to higher courts, with the result that more than ninety-nine percent (99%) of the appeals were sustained. Thus Jehovah's witnesses were vindicated in the rights which should be common to all law-abiding Americans, and the scheming enemy and their dupes were rebuked and their conspiracy against American democracy and liberties was blocked. In every one of the thousands of the cases prosecuted against these Christians and in the number that have been taken to the higher courts there was no evidence whatsoever that Jehovah's witnesses had violated any law or injured anyone. On the contrary, the record showed that they were blamelessly innocent of the charge.
The Enemy Exposed
Why then this nation-wide action against these witnesses, necessitating such frequent appearance in court? Examination of the facts reveals a marked similarity of false charges and misapplication of existing laws or the special enactment of catch laws. Furthermore, in all this the hand of religionists has been openly displayed and has taken the leading and moving part, but being careful to screen itself hypocritically behind a patriotic front to hide its real motive. From all this it becomes unmistakably clear that the witnesses are not at fault, but that the real purpose of this prosecution and persecution against Jehovah's witnesses is to settle a religious grudge; and that
throughout the entire nation the persecution was set in motion and controlled from one common center. This directing group, being unable to answer the Scriptural truths which exposed their duplicity and fraudulent practices, have thereupon resorted to the method of violent mobs and use of the "strong-arm squad" and false charges, all to "get" Jehovah's witnesses.
The un-American spirit of the whole procedure and the flagrant disregard of the rights and liberties set forth in the Constitution prove that those back of this vile effort are a foreign religious organization, whose doctrines and practices mark it as a totalitarian power, not democratic nor approving of freedom of speech, of press, of conscience and of worship of Almighty God, and whose history for fifteen hundred years shows it has consistently persecuted true Christians who followed the Bible. It has resorted to religious crusades and inquisitions and the rack and sword and flame to destroy the practice of true Christianity and the publication of Bible truth.
Victory for Free Press
Americans can be grateful that not all the judges of our land are in favor of mobocracy or are intimidated by mob rule and religious threats as many judges showed themselves to be during the hysteria of mob rule that broke out against Jehovah's witnesses and swept the nation during 1940. This was clearly demonstrated in April of this year, 1941, in the case of Wilson and Shadman against the City of Clearwater, wherein the Supreme Court of Florida held it to be unconstitutional and contrary to the Fourteenth Amendment to apply the city ordinance against the distribution of Bible literature by Jehovah's witnesses. The city contended the ordinance was necessary as a "war measure" and meant to "prohibit the teaching of anarchy and a refusal to salute the flag" and that their regulation was "in harmony with and strengthens the national defense program".
Was the Supreme Court thrown off guard by this guise of patriotism? No! Deciding in favor of Jehovah's witnesses the Court said: "A court in the discharge of duty under our system is required to be oblivious to public clamor, partisan demands, notoriety, or personal popularity and to interpret the law fearlessly and impartially so as to promote justice, inspire confidence and serve the public welfare. . . The perpetuity of democracies has as a foundation an informed, educated and intelligent citizenry. An unsubsidized press is essential to and a potent factor in instructive information and education of the people of a democracy, and a well informed people will perpetuate our constitutional liberties." Jehovah's witnesses are in favor of an informed, educated To be of that "informed, educated and intelligent citizenry", knowing the difference between religion and Christianity, read the book
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public, and that is why they engage publicly and from house to house in Bible educational work and concede the same right to others that the general public may have a chance to hear all sides and then decide its course with full enlightenment. If the ditch of destruction at the battle of Armageddon is ahead and the nations are in danger of falling into it, then it would be a neglect of duty and a disobedience of God's command and a disregard of the welfare of the people of good-will if Jehovah's witnesses failed to employ all proper and legitimate means of publication to submit the proof to the people that such danger exists and that Jehovah God has provided the only way of escape.
The above Florida decision was in full harmony with an earlier decision of the United States Supreme Court in the case of Alma Lovell against the City of Griffin (Ga.), and in which the then Chief Justice Chas. E. Hughes said: "The liberty of the press is not confined to newspapers and periodicals. It necessarily embraces pamphlets and leaflets. . . . The press in its historic connotation comprehends every sort of publication which affords a vehicle of information and opinion." Here through the positive action and vigilance of Jehovah's witnesses was a victory for a democratic principle, for which newspapers and publishers throughout the country were grateful and so expressed themselves.
Free Expression of Opinion
The record at Matthew 10 and Acts 20:20 shows that Jesus and His apostles carried on their educational work from house to house. Today religionists frown on this form of preaching and they cause the enactment or enforcement of many ordinances to try to break up a like activity by Jehovah's witnesses today. The case of Clara Schneider against the City of Irvington (N.J.) was on this very issue. When the case finally reached the Supreme Court, that august body decided in favor of Jehovah's witnesses and, speaking through Mr. Justice Roberts, said: "The streets are natural and proper places for the dissemination of information and opinion; and one is not to have the exercise of his liberty of expression in appropriate places abridged on the plea that it may be exercised in some other place. . . As said in Lovell v. City of Griffin, supra, pamphlets have proved most effective instruments in the dissemination of opinion. And perhaps the most effective way of bringing them to the notice of individuals is their distribution at the homes of the people."
In the Cantwell v. Connecticut case involving the charge of "breach of the
peace" over playing on a portable phonograph a recorded Bible speech attacking organized religion, the Supreme Court in a unanimous decision in favor of Jehovah's witnesses included these words: "In the realm of religious faith, and in that of political belief, sharp differences arise. In both fields the tenets of one may seem the rankest error to his neighbor. . . . But the people of this nation have ordained in the light of history, that, in spite of the probability of excesses and abuses, these liberties are, in the long view, essential to enlightened opinion and right conduct on the part of the citizens of a democracy." Thus the Supreme Court held it was clearly within the provisions of the Constitution for Jehovah's witnesses to distribute their literature from door to door and accept contributions therefor; further, that just because the message may not be acceptable to a particular person, such is no reason for depriving Jehovah's witnesses of continuing to express their opinion and transmit God's message to the public by literature and phonograph reproduction, all within Constitutional guarantees.
Christianity Not Seditious
Christ Jesus himself was accused and executed on the false charge of sedition and subversive activities against the government, and He forewarned His footstep followers that they would suffer a like experience, unjustly. Not strange, then, that in the wild days of 1940 six Christians were thus falsely accused in the notorious "bloody Harlan County" of Kentucky, and were wrongfully jailed and held without bond under false charge of sedition for almost three months, indicted and released on bail. In due course an injunction against the city and county officials was sought, and a hearing was had in November before three Federal judges. Finally comes a decision, in June of this year, 1941, whereby the United States District Court for the Eastern District of Kentucky granted a permanent injunction, holding that the literature of Jehovah's witnesses is NOT SUBVERSIVE, IS NOT SEDITIOUS, AND DOES NOT ADVOCATE THE OVERTHROW OF THE GOVERNMENT BY FORCE, and that such prosecuting attorney and others be restrained from interfering with Jehovah's witnesses in distributing their Bible literature announcing Jehovah's Theocratic Government by Christ.
The witnesses of Jehovah believe in the integrity of the home and in the obligation of "parents in the Lord" to teach their children the fear of God and obedience to His perfect law. The exercise of this Christian right and duty brought on the case of State v. Roland Lefebvre et al. The lower court broke up the home and committed to the reform school the Lefebvre children who had been expelled from school for refusal to salute the flag. But now, in May, 1941, the Supreme Court of the State of New Hampshire published their decision, holding that Jehovah's witnesses were not acting contrary to the law when they refused to salute the flag. It held that expulsion from school for such refusal did not constitute juvenile delinquency or a violation of the law, and therefore released the children and restored the integrity of the home and the parental discipline and the "nurture and admonition of the Lord".
Many other cases like the aforementioned and the favorable court decisions thereon might be cited if time and space permitted. A few of the hundreds thereof have been listed below. These victories on basic and fundamental American principles have been so numerous and so generally spread over the land that they have surely had an incalculable and wholesome effect upon the entire nation, in the people's interest, welfare and defense. The persistent exercise by Jehovah's witnesses of their Christian and American rights of publication in the face of opposition, and their carrying the battle into the courts, has resulted in the emphatic restatement of the grand principles of American democracy and in the fresh insistence that these shall be preserved against the encroachment of a foreign religious totalitarian power and all enemies of democratic liberties. Thus the order-loving, liberty-cherishing people of the entire nation have been vastly benefited, especially in their highest privilege of the free worship of Almighty God according to conscience and His sacred Word.
The worship of Almighty Jehovah God is most important now, because preservation through the impending battle of Armageddon will be only to those who, like Noah and his family in the ark, now worship him "in spirit and in truth". So said the Lord Jesus Christ at Luke 17: 26-30. Seek the truth of Almighty God, "whose name alone is Jehovah," and learn His way of life through Christ Jesus, if you would survive and enjoy living on this earth in unending happiness under His Government of righteousness.
Favorable Decisions
Lovell v. Griffin (Georgia), 303 U.S. 444. Schneider v. State 308 U.S. 147.
Cantwell v. Connecticut, 310 U S. 286.
Hibshman v. Kentucky (Pike Circuit Court opinion March 17, 1941).
State ex rel Wilson & Shadman v. Russell. Police Chief, City of Clearwater (unanimous opinion of Florida Supreme Court April 8, 1941)
Rosco Jones v. City of Opelika (Alabama Court of Appeals opinion March 18, 1941).
People v. Kieran, 26 NYS 2d 291.
People v. Ludovici, 13 NYS 2d 88. People v. Guthrie, 26 NYS 2d 88.
People v. Guthrie, 26 NYS 2d 289.
Tucker v. Randall, 15 A 2d 324 (New Jersey). Commonwealth v. Anderson, 32 N. F 2d 684.
Commonwealth v. Anderson, 32 NE 2d 684. In re Roland Lofebure
In re Roland Lefebvre (unanimous opinion N. H Supreme Court May 6. 1941).
California v. Northum, 108 Cal. Supp. 295. South Holland (Illinois) v. Stein, 26 NE 2d 868.
Thomas v. Atlanta (Georgia), 1 SE 2d 592. Cincinnati v Mosier, 61 Ohio App. 81.
Semansky v. Stark, Sheriff (Louisiana), 199 So 129.
People v. Sandstrom, 279 N Y 523.
City of Portsmouth (Ohio) v. Stockwell (opinion Court of Appeals Fourth District of Ohio. November 1940).
In re Jones, N Y S 2d 10.
De Berry v. City of La Grange (Georgia), 8 SE 2d 146.
City of Gaffney (S. C.) v. Putnam (opinion by South Carolina Supreme Court June 2.1941)
Zimmerman v. Village of London (opinion by U. S. District Court Southern District of Ohio, April 25, 1941).
Reid v Brookville et al. (opinion by U. S. District Court for the Western District of Pennsylvania, May 2, 1941).
Douglas v. Jeannette (opinion by U. S. District Court for the Western District of Pennsylvania, May 2, 1941).
Kennedy v. City of Moscow (opinion by U. S. District Court of Idaho, May 14, 1941).
State ex rel. Hough v. Woodruff, Police Chief (opinion by Florida Supreme Court, May 27, 1941).
and hundreds of others.
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