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Description and Holding Information
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1834-10, Supreme Court Opinion in the Petition of J. Wellington
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SEE ALSO 52332 Senate No. 17 Opinion of the Supreme Judicial Court on the petition of Jeduthan Wellington and others in relation to Cambridge
Common. Boston : Dutton & Wentworth, 1835. On January 29, 1835, a copy of the opinion was provided to the Senate. The petitioners wanted the Court to
require the County Commissioners to decide if a road the petitioners wanted to build through the Cambridge Commons was of common convenience or not.
Permission for the road was first sought in 1832, but opponents of the plan said the County Commission could not give permission, only the Legislature
could. The Legislature had granted the land to Cambridge in 1769 for public use only. Cambridge could enclose the space, plant trees, make
walks--generally make the space a public park. The Court noted that roads were not compatible with open park grounds and knocked down all the other arguments
of the petitioners. It noted that there was no doubt the Legislature superseded the County Commissioners' authority in this situation, so the
Commissioners' refusal to respond to the petition was correct. Petition dismissed. (Digitized from a microfilm copy of title originally held by the
Massachusetts State Library).
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Title:
Opinion of the Supreme Judicial Court on the petition of Jeduthan Wellington and others, in relation to Cambridge common.
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OCLC Number:
506026509
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Available Volumes
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| Name | Fiche Count | Online | Paper Backup |
| Vol. 1 | | Yes | No |
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