Legal Opinion

Shoemaker v. United States

Supreme Court of the United States

Decided January 16, 1893No. 1,197PublishedCited by 428 opinions

ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. Under the title of “ An act authorizing the establishing of a public p¿rk in the District of Columbia,” an act of Congress was approved on September 27, 1890, 26 Stat. 492, c. 1001, directing that a tract of land lying on both sides of Rock Creek, and within certain limits named in the act, be secured as thereinafter set out, and be perpetually dedicated and set apart as a public park or pleasure ground for the benefit…

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ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. Under the title of “ An act authorizing the establishing of a public p¿rk in the District of Columbia,” an act of Congress was approved on September 27, 1890, 26 Stat. 492, c. 1001, directing that a tract of land lying on both sides of Rock Creek, and within certain limits named in the act, be secured as thereinafter set out, and be perpetually dedicated and set apart as a public park or pleasure ground for the benefit and enjoyment of the people of the United States. The act provided that the whole tract to be selected and condemned…

1Opinion of the Court

Mr. J ustioe Seiras,

after stating the case as above, delivered the opinion of the court.

In the memory of men now living, a proposition to take private property, without the consent of its owner, for a public park, and to assess a'proportionate part of the cost upon real estate benefited thereby, would have been regarded as a novel exercise of legislative power.

It is true that, in the case of many of the older cities and towns, there were commons or public grounds, but the purpose of these was not to provide places for exercise and recreation, but places on which the owners of domestic animals…

2Cases cited15 opinions

  1. Wales v. WhitneySupreme Court of the United States · 1885
  2. Smith v. WhitneySupreme Court of the United States · 1886
  3. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  4. Mattingly v. District of ColumbiaSupreme Court of the United States · 1878
  5. Kerr v. South Park CommissionersSupreme Court of the United States · 1886

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3Cited by428 opinions

  1. Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
  2. United States v. MillerSupreme Court of the United States · 1943
  3. Berman v. ParkerSupreme Court of the United States · 1954
  4. Olson v. United StatesSupreme Court of the United States · 1934
  5. The Minnesota Rate CasesSupreme Court of the United States · 1913

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