Commonwealth v. Davis
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the city of Boston, charging that the defendant, on June 10, 1894, “did make a public address ” upon certain public grounds of Boston called the “ Common,” without a permit from the mayor of the city, and contrary to the Revised Ordinances thereof.
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Complaint to the Municipal Court of the city of Boston, charging that the defendant, on June 10, 1894, “did make a public address ” upon certain public grounds of Boston called the “ Common,” without a permit from the mayor of the city, and contrary to the Revised Ordinances thereof. Section 66 of chapter 43 of the “Revised Ordinances of the City of Boston, 1892,” is' as follows: “ No person shall, in or upon any of the public grounds, make any public address, discharge any cannon or firearm, expose for sale any goods, wares, or merchandise, erect or maintain any booth, stand, tent, or…
1Opinion of the CourtHolmes, J.
The only question raised by these exceptions which was not decided in the former case of Commonwealth v. Davis, 140 Mass. 485, is one concerning the construction of the present ordinance. That such an ordinance is-constitutional is implied by the former decision, and does not appear to us open to doubt. To say that it is unconstitutional means that, even if the Legislature has purported to authorize it, the attempt was vain. The argument to that effect involves the same kind of fallacy that was dealt with in McAuliffe v. New Bedford, 155 Mass. 216. It assumes that the ordinance is directed…
2Cases cited6 opinions
- McAuliffe v. Mayor and Board of AldermenMassachusetts Supreme Judicial Court · 1892
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. EllisMassachusetts Supreme Judicial Court · 1893
- Village of Des Plaines v. PoyerIllinois Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
- Bowe v. Secretary of CommonwealthMassachusetts Supreme Judicial Court · 1946
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Lowell v. City of BostonMassachusetts Supreme Judicial Court · 1948
- Hague v. Committee for Industrial OrganizationCourt of Appeals for the Third Circuit · 1939
55 more not listed; retrieve them via the Exa API.