State v. Read
Supreme Court of Rhode Island
C(DESTITUTIONAE questions certified to the Supreme Court under Gen. Stat. R. I. cap. 209, §§ 1-9. The act, Pub. Laws R. I. cap. 629, March 30, 1877, to be declared constitutional, must be upheld either under the doctrine of eminent domain or as a police regulation. There is no pretence that it is a taking of private property for public use, and if there was such a claim no one can pretend that any just compensation has been provided either in the act or otherwise.
Read the full summary
C(DESTITUTIONAE questions certified to the Supreme Court under Gen. Stat. R. I. cap. 209, §§ 1-9. The act, Pub. Laws R. I. cap. 629, March 30, 1877, to be declared constitutional, must be upheld either under the doctrine of eminent domain or as a police regulation. There is no pretence that it is a taking of private property for public use, and if there was such a claim no one can pretend that any just compensation has been provided either in the act or otherwise. To come under the power of the State, as a police regulation, the thing to be prohibited must not only be for the general and…
1Opinion of the Court
Providence,
Dureee, C. J.
The question submitte'd to us in this proceeding is whether Pub. Laws R. I. cap. 629, of March 30, 1877, is constitutional. The act is as follows, to wit:
“ AN ACT NOR THE EURTHER PROTECTION OE THE MEETINGS OE RELIGIOUS SOCIETIES.
“ It is enacted by the Greneral Assembly as follows:
“ Section 1. Whenever any religious society shall hold any camp, tent, grove, or other out-door meeting, for any purpose connected with the object for which such religious society was organized, no person, without the consent of such religious society or of its proper officers, shall keep in…
2Cases cited1 opinion
- Harrison v. ChilesCourt of Appeals of Kentucky · 1823
3Cited by1 opinion
- O'Neil v. Providence Amusement Co.Supreme Court of Rhode Island · 1920