No. 229.

167 U.S. 43 (1897)


Supreme Court of United States.

Decided May 10, 1897.

Attorney(s) appearing for the Case

Mr. James F. Pickering for plaintiff in error submitted on his brief.

Mr. Hosea M. Knowlton, Attorney General of Massachusetts, for defendant in error. Mr. George C. Travis was on his brief.

MR. JUSTICE WHITE, after stating the case, delivered the opinion of the court.

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...

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