use of all the people it is doubtless the duty of the police to take measures to stop public speaking in a street whenever such speaking creates disorder or, in some cases, when it only tends to create disorder, or whenever it unduly obstructs the public way by causing crowds to gather. This duty the police will perform with courtesy and discretion whenever the public interest so requires. Should conditions herein described make it necessary that speaking should be stopped, the speaker will be so informed, and should he then persist he may be arrested without a warrant and prosecuted for a disturbance of the peace or for the maintenance of a common nuisance.

On the other hand, persons who choose to speak publicly in the streets are not to expect a police escort or a police guarantee that their audience will be quiet and attentive. When the police are present in the performance of their general duties or in accordance with orders from their superior officers, they will note and suppress disorderly conduct on the part of individuals; but should such conduct become general, to the detriment of the public, it may well be the duty of the police to stop the speaker even though he should not be in fault.

It is fair to assume that when speaking is in progress in a proper place and manner a person who interrupts it whether in the street or from private premises, and persists in such interruptions after warning from a police officer, is guilty of a disturbance of the peace and may therefore be arrested without a warrant.

Questions from auditors, whether voluntary or in response to an invitation from a speaker, or answers to such questions by the speaker, should be discouraged, for questions lead to controversy and controversy is likely to cause disorder or even breach of the peace. Though at proper times and in proper places a person may publicly express his own views, a public street is not a fit place for a debate, whatever the subject.

In addition to the foregoing general statement the following special points affecting speakers should be made clear:

1. The right to speak publicly in the streets does not free the speaker from legal liability for the use of profane, obscene or abusive language or of language likely to create a breach of the peace, for any of which offences he may be prosecuted.

2. Instrumental music is unlawful unless the performers have been licensed by the police commissioner.

3. For public speaking on the Common or other public grounds, or for vocal or instrumental music thereon, a permit from the mayor is required, and in the city parks a permit from the city park commissioners.

4. A person speaking publicly in the street does not acquire thereby a right to sell or distribute printed or other matter if such sale or distribution, considering time and place, would be unlawful if attempted by a person not so speaking. Free distribution is forbidden by City Ordinances, section 41, chapter 47. Sales are governed by City Ordinances, chapter 47, sections 86, 87, 88, and by the rules for hawkers and peddlers made by the police commissioner under the authority of Acts of 1907, chapter 584, section 9.

5. In addition to the police authority herein outlined a private citizen who is disturbed in his legitimate occupations at his place of residence or of business has the right to complain to a court concerning the speaking of a certain person or persons in a particular public place on the ground that it constitutes a breach of the peace. This form of complaint cannot be used effectively by the police, but they will assist citizens who wish to employ it.

6. An individual may also petition the court at any time for an injunction restraining such speaking as being a nuisance. With this procedure, which is civil not criminal, the police have no concern.

RULES FOR HAWKERS AND PEDDLERS.

[As Established December 17, 1907, and Amended to October 15, 1913.]

In accordance with the provisions of section 9, chapter 584, Acts of 1907, I hereby designate the streets, parts of streets, and sections of the city of Boston, wherein, and not elsewhere in said city, it shall be lawful for hawkers and peddlers to stop or stand for the purpose of selling merchandise; provided, that such hawkers or peddlers carry on their business in conformity with the laws of the Commonwealth, the ordinances of the city, and the regulations of the board of aldermen and of the board of health of the city of Boston not inconsistent with such laws or with the following rules hereby established under their authority:

1. For the purposes of these rules the area comprised within the following streets and squares and all others included within them as boundaries shall be called the "Business Section":

Haymarket square, Canal street, Causeway street, between Canal and Portland streets; Portland street, between Causeway and Chardon streets; Chardon street, Bowdoin square, Court street, Pemberton square, Somerset street, between Pemberton square and Ashburton place; Ashburton place, Bowdoin street, between Ashburton place and Beacon street; Beacon street, between Bowdoin and Park streets; Park street, Tremont street, between Park and Boylston streets; Boylston street, between Tremont and Dartmouth streets; Tremont street, between Boylston and Eliot streets; Eliot street, between Tremont and Washington streets; Washington street, between Eliot and Essex streets; Essex street, Atlantic avenue, between Essex and Clinton streets;

Clinton street, between Atlantic avenue and Blackstone street; Blackstone street, between Clinton street and Haymarket square.

2. That part of the city proper lying outside the "Business Section" and north of a line formed by the tracks of the Boston & Albany Railroad and Summer street from Dewey square to Dorchester avenue shall be known as the "Restricted Territory."

3. In all parts of the city excepting the "Business Section" and the "Restricted Territory" hawkers or peddlers may carry on their business at reasonable hours subject to conditions herein prescribed, with vehicles drawn by horses, or on foot, with trays, baskets, handcarts, barrows or other easily movable appliances.

4. In the "Restricted Territory" they may carry on business at reasonable hours; but between 8 A.M. and 6.30 P.M. they may use only vehicles drawn by horses, or trays, baskets or other appliances not in the nature of stands carried by the persons using them.

5. In the "Business Section" they may carry on business only before 8 A.M., or after 6 P.M., with the following exceptions:

Between 3 P.M. and 11 P.M. on Saturdays and on the week day immediately preceding legal holidays and the seventeenth day of June in each year respectively they may stop and stand subject to the direction of the police for the sale of merchandise outside the curbstones in the following streets: Blackstone street, between Haymarket square and North street, both sides; North street, between Blackstone and Union streets, west side; North street, between Blackstone and Cross streets, both sides; Merchants row, between North and North Market streets, west side; North Market street, between Merchants row and Faneuil Hall square, north side.

Before 8 A.M. and after 6.30 P.M. on ordinary days and at the times and places specified in the next preceding paragraph of this rule, hawkers and peddlers in the "Business Section" may use the same kinds of

vehicles and other appliances as are permitted in the same periods of the day outside the "Business Section" and the "Restricted Territory."

6. Except as specified in the second paragraph of Rule 5, no hawker or peddler, unless licensed at a designated stand by the board of street commissioners of the city of Boston in accordance with the provisions of chapter 584, Acts of 1907, shall in a public street and while offering merchandise for sale remain in one place or within 200 yards thereof for more than five minutes, unless actually engaged in selling to a purchaser. This rule shall not be so construed as to prohibit hawkers and peddlers from proceeding, as their present practice is, from house to house and stopping thereat, even should such houses be less than 200 yards apart, for the purpose of inquiring whether or not their goods are desired by the residents.

7. Hawkers and peddlers may make reasonable announcement of the merchandise which they have for sale, but loud outcries likely to disturb or annoy other persons will not be permitted at any place or time.

8. The selling of newspapers and other periodical publications at retail in the public streets shall not be restricted by these rules, except that Rule 7 shall apply to persons so engaged, and that no stand or other appliance encroaching upon a public street shall be maintained without a license from the board of street commissioners.

These rules shall take effect December 30, 1907, and shall be in force thereafter except as they may be revoked or amended from time to time.

STEPHEN O'MEARA,

Police Commissioner for the City of Boston.