Commonwealth v. Bearse
Massachusetts Supreme Judicial Court
Indictment, under the St. of 1867, c. 59, in two counts. The first count alleged that the defendant, at Yarmouth in the county of Barnstable, on August 9, 1880, and from that day till August 16, 1880, unlawfully did maintain a building for vending provisions and refreshments within one mile of the place of the holding of a certain camp-meeting, to wit, a camp-meeting known as and called the Yarmouth Camp-Meeting, and during the time of holding said camp-meeting, which said…
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Indictment, under the St. of 1867, c. 59, in two counts. The first count alleged that the defendant, at Yarmouth in the county of Barnstable, on August 9, 1880, and from that day till August 16, 1880, unlawfully did maintain a building for vending provisions and refreshments within one mile of the place of the holding of a certain camp-meeting, to wit, a camp-meeting known as and called the Yarmouth Camp-Meeting, and during the time of holding said camp-meeting, which said camp-meeting was there and during said time being lawfully held for religious purposes, the said defendant not then and…
1Opinion of the CourtDevens, J.
The defendant, who is indicted under the St. of 1867, o. 59, for establishing and maintaining a building for vending provisions and refreshments within one mile of the place of holding a camp-meeting for religious purposes, contends that the statute, or at least that portion of it under which he is charged with this offence, is unconstitutional. He urges, that it does not possess" the appropriate characteristics of a police regulation; that it is intended to confer special privileges on camp-meetings, assuming to take away the control of his own property from him, and to give it to others for…
2Cases cited1 opinion
- Inhabitants of Watertown v. MayoMassachusetts Supreme Judicial Court · 1872
3Cited by17 opinions
- General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
- Portage Township v. Full Salvation UnionMichigan Supreme Court · 1947
- Daugherty v. ThomasMichigan Supreme Court · 1913
- Town of Green River v. BungerWyoming Supreme Court · 1936
- City of Newton v. JoyceMassachusetts Supreme Judicial Court · 1896
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