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. 1, and learn what could be expected at their meeting of that afternoon. On Sunday, September 8, 1946, about noon, two cars filled with Jehovah's Witnesses *781 called on the mayor to talk about the incident of the opposition to them on 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. 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. 1, in the park was completed without organized opposition, although there was some interference with the speaker. 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. Beginning on the day before this meeting there was in the town a spirit of opposition to the plaintiffs. 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. They also advertised the meetings by placards placed in the windows of business houses. 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. 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. 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. 22, 1946, inclusive, in the public park at Lacona, Iowa. 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. 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. 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. The facts are not greatly in dispute but the parties have deduced therefrom widely different inferences. 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. 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. Watson, Jr., of Indianola, Iowa, for defendants. Langdon (of Herrick, Sloan & Langdon), of Des Moines, Iowa, and J. *779 *780 Hayden Covington, of Brooklyn, N.
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