Legal Opinion

Davis v. Massachusetts

Supreme Court of the United States

Decided May 10, 1897No. 229PublishedCited by 164 opinions

ERROR TO THE SUPERIOR COURT OF SUFFOLK COUNTY, MASSACHUSETTS. It was charged against the plaintiff in error, in the municipal court of the city of Boston, that “in and upon certain public grounds of said city, within said district, called the < common,”’ he “did make a public address, the same not being then and there in accordance with a permit from the mayor of said city, against the peace of said Commonwealth, the form of the statute of said Commonwealth and the revised…

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ERROR TO THE SUPERIOR COURT OF SUFFOLK COUNTY, MASSACHUSETTS. It was charged against the plaintiff in error, in the municipal court of the city of Boston, that “in and upon certain public grounds of said city, within said district, called the < common,”’ he “did make a public address, the same not being then and there in accordance with a permit from the mayor of said city, against the peace of said Commonwealth, the form of the statute of said Commonwealth and the revised ordinance of said city in such cases made and provided.” The ordinance claimed to be violated was section 66 of the…

1Opinion of the CourtJustice White

In the brief of counsel for plaintiff in error many presumed errors are elaborately discussed, all of which when analyzed rest on the assumption that there was a right in the plaintiff in error to use the common of the city of Boston free from ' legislative or municipal control or regulation. It is argued that —

“ Boston Common is the property of the inhabitants of the city of Boston, and dedicated to the use of the people of that city and the public in many ways, and the preaching .of the gospel there has been, from time immemorial to a recent period, one of these ways. For the making of this…

2Cases cited8 opinions

  1. Barbier v. ConnollySupreme Court of the United States · 1884
  2. Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
  3. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  4. Giozza v. TiernanSupreme Court of the United States · 1893
  5. In Re KollockSupreme Court of the United States · 1897

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3Cited by164 opinions

  1. Dennis v. United StatesSupreme Court of the United States · 1951
  2. Phillips v. CommissionerSupreme Court of the United States · 1931
  3. Saia v. New YorkSupreme Court of the United States · 1948
  4. Jamison v. TexasSupreme Court of the United States · 1943
  5. Packard v. BantonSupreme Court of the United States · 1924

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