Smallwood v. District of Columbia

I regret that I am unable to concur in the majority opinion.

The streets in the District of Columbia have been dedicated to the use of the public; and the legal title thereto is vested in the Congress of the United States, as trustee for the public. The power of regulation and control thereof is, therefore, vested in the Congress only, and may be exercised directly, or through such corporations, associations, or individuals as the Congress may by law prescribe. The authority of the Congress in this regard is substantially the same as that vested in the Legislatures of the several states. Smith…