Legal Opinion

Commonwealth v. Davis

Massachusetts Supreme Judicial Court

Decided January 8, 1886PublishedCited by 37 opinions

Complaint for delivering a sermon, lecture, address, and discourse on Boston Common, on May 17, 1885, without permission of the committee of the city council of Boston having charge of the public grounds, in violation of c. 37, § 11, of the Revised Ordinances of the city. At the trial in the Superior Court, before Aldrich, J., the jury returned a verdict of guilty; and the defendant alleged exceptions, which appear in the opinion.

1Opinion of the CourtMorton, C. J.

By the city charter of Boston, the city government has the “ power to make all such needful and salutary by-laws or ordinances, not inconsistent with the laws of this. *486Commonwealth, as towns by the laws of this Commonwealth have power to make and establish, and to annex penalties not exceeding fifty dollars for the breach thereof, which by-laws and ordinances shall take effect and be in force from and after the time therein respectively limited, without the sanction or confirmation of any court or other authority whatsoever.” St. 1854, a. 448, § 35.

In pursuance of this power, the city…

2Cited by37 opinions

  1. Davis v. MassachusettsSupreme Court of the United States · 1897
  2. General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
  3. Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
  4. Pacific Palisades Ass'n v. City of Huntington BeachCalifornia Supreme Court · 1925
  5. Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1895

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