Page:Cole v. State (214 Ark. 387).pdf/5

ARK.] more other persons, to promote, encourage or aid anysuch unlawful assemblage. Any person guilty of violating this section shall be deemed guilty of a felony, and upon conviction thereof shall be punished by confinement in the State Penitentiary for not less than one (1) year, nor more than two (2) years."

It is clear that this section charges two offenses, which we may for convenience refer to as "Offense A"and "Offense B." Offense A is embraced in the first 47 words of § 2, which reads: "It shall be unlawful forany person acting in concert with one or more other persons, to assemble at or near any place where a labor dispute exists and by force or violence prevent or attempt to prevent any person from engaging in any lawful vocation, "

Offense A applies to any person acting in concert to assemble, at a place where a labor dispute exists, and by force or violence, prevent or act to prevent any person from engaging in a lawful occupation. Offense B is embraced in the first four words of § 2 plus words 48 to 82 of said section, and reads: "It Shall be unlawful for any person acting either by himself, or as a member of any group or organization or acting in concert With one or more other persons, to promote, encourage or aid any such unlawful assemblage." (Italics supplied).

The words, "any such unlawful assemblage," as italicized above, relate to the assemblage in offense A, supra, so that offense B applies to any person (1) acting individually or in concert, etc., (2) to promote, encourage or aid "such unlawful assemblage" as that denounced in offense A, supra—that is, an assemblage which by force and violence prevents or attempts to prevent any person from engaging in any lawful vocation.

The question here to be decided is whether the promoting, encouraging or aiding "such unlawful assemblage" as contained in offense B is conduct which the State may denounce as an offense, and constitutionally prohibit. What is the "unlawful assemblage" which