As

Agreeable to your wish, the Park Commissioners herewith give you the conclusion arrived at after the hearing on Monday afternoon. stated to you then, the Commissioners desired the use of the parks to be for the greatest benefit of the greatest number of people— parks to which all the people could resort, and where they could enjoy the largest liberty without any interference, molestation, or annoyance of any kind; where men, women, and children would be safe from the interference of others; where there should be no crowds or gatherings of people for you know that throngs of men, excited by discussion or debate, are often alarming to the timid. This freedom from all these excitements and other annoyances was the great object of the rule in question. It seemed a necessary rule to secure to the people the true and best object of the parks. The parks are provided by the money of all the people, and should be for the benefit of all the people; giving no right to any class or any organization to monopolize any portions of them, so as to deprive any of the free use thereof. If the Commissioners should accede to your request, all this would be changed. One of you ask the right to discuss great and exciting labor questions, which you claim peculiarly interest you, and seek the privilege of gathering together, to erect stands and create demonstrations, for the purpose of propagating and giving instructions in the principles you represent. The other, The Evangelical Alliance, claim that there are large numbers of people whom they desie to reach with their teachings, who will not come to them, and whom they cannot reach without following them to the parks, there to prevail upon them to listen to their teachings.

It seems to the Commissioners that the public parks should secure all who visit them from such invasions; that visitors should receive what they are led to seek — peace and quiet; to them the parks should be an asylum. It will, of course, be understood by every intelligent person that, in making these remarks, and in insisting that the parks should be kept actually free, as heretofore described, the Commissioners do not intend to disparage discussions on any of the political, economic, or labor questions of the day. They look upon such discussions as calculated for the instruction of the people, and were much interested in the remarks of those who appeared before them; nor can the Commissioners be supposed to entertain other than the highest appreciation of the Christian teachings of the churches represented by the Evangelical Alliance; and yet they believe the public parks could not be used for these purposes without detriment to the great objects and purposes for which they were established. So far as the Commissioners can learn there is no considerable rural park in this country where such meetings are permitted to be held.

The Commissioners, while again expressing their regrets that they cannot have the pleasure of yielding to the wishes of any of their fellowcitizens, see no reason, after reconsidering the question in the light of your various arguments, to change their conclusion as expressed in their former communications; and are of the opinion that the preservation of the parks for the greatest number and the greatest freedom in their use, are best subserved by the continuance of the ordinance in question, and cannot accede to your requests.

Subsequently, on the 4th of July, Henry Abrahams, against the warning of the Park police that it was in violation of the ordinances, addressed a group of people in Franklin Park for the alleged purpose of testing their rights. He was subsequently brought before the Municipal Court in West Roxbury, and, after a hearing, was fined for a violation of the Ordinances of the Park Department.

The defendant subsequently carried the case to the Supreme Court, and the following opinion of the full bench was rendered :

We see nothing in this case to call for any lengthy discussion. The Park Commissioners had, by the Stat. of 1875, Chap. 185, Sect. 3, power "to govern and regulate" any of the parks which they might lay out under the statute," to make rules for the use and government thereof and for breaches of such rules to affix penalties, not exceeding twenty dollars for one offence, to be imposed by any Court of competent jurisdiction." The rules which the defendant violated are similar in form to the city ordinance which was before the court in Commonwealth v. Davis, 140 Mass., 485, and which was held to be reasonable and valid. Of that ordinance Chief-Justice Morton said: Its purpose is to preserve the public peace, and to protect the public grounds from injury, and it is calculated to effect these ends, without violating the just rights of any citizen." The same language is applicable to the rules before us. See also Commonwealth v. Plaisted, 148 Mas, 375; Quincy v. Kennard, 151 Mass., 563.

We see nothing in these rules inconsistent with Art. XIX. of the Bill of Rights of this Commonwealth which declares that The people have a right, in an orderly and peaceable manner, to assemble to consult upon the common good; give instructions to their representatives, and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer." The defendant admits that the people would not have the right to assemble, for the purposes specified, in the public streets, and might not have such right in the Public Garden or on the Common, because such an assembly would or might be inconsistent. with the public uses for which these places are held. The same reasons apply to any particular park. The parks of Boston are designed for the use of the public generally, and whether the use of any park or of a part of any park can be temporarily set aside for the use of any portion of the public is for the Park Commissioners to decide in the exercise of a wise discretion.

The defendant further contends that the rules in question are in conflict with that provision of the Fourteenth Amendment of the Constitution of the United States, which provides that "No State shall deny to any person within its jurisdiction the equal protection of the laws." This amendment does not impair the police powers of a State. Barbier v. Connolly, 113 U. S., 27. And we fail to see anything in the rules, or in the statute authorizing them, which falls within the amendment. The case of Yick Wo v. Hopkins, 118 U. S., 356, on which the defendant chiefly relies, was one of race discrimination.

Exceptions overruled.

On September 18, 1891, applications were received from Colonel Strachan and Major Follett for the use of a part of Franklin Park for the annual drill of the Ninth Infantry and the parade of Battery A. A hearing was given to the officers of the Ninth Regiment, at which they stated that they desired to have a sham fight and parade on the Park. On this application the Board

Voted, That in the judgment of the Board the fighting of a sham battle or military manœuvres and exercises of this character are incompatible with the proper purposes of Franklin Park, and it is therefore deemed inexpedient to grant the petition.

And on the application of Major Follett, it was

Voted, That the Board regrets that it deems it inconsistent with public interests to grant the petition of Battery A to parade on Franklin Park, October 12.

ATHLETIC AND PARADE GROUNDS.

In its last two annual reports, under the headings "Athletic Grounds" and "Public Meeting Grounds," the Board suggested the location of a large common on the South Bay which would serve for games of ball and other athletic sports, large open-air meetings, and for training or parade purposes for the militia.

The Board also reported a communication from the owners of a large part of the flats in the bay, giving to the city a six months' option to purchase about 20 acres for this purpose for the sum of ten cents per square foot, or $98,800. Subsequently, at the request of the Common Council, received through His Honor the Mayor, the Board reported that the cost of filling said area and adjoining streets would be $310,000; that the cost of constructing a road to connect the same with Swett and Boston streets, the land for which would be given, would amount to $68,000 more. This, with 10 per cent. added to each for contingent expenses, would make a total of $415,800. By using city ashes for all but the streets the area could be filled for about $175,000. No further action was taken by the City Council in the matter at that time. Later in the season the Board considered the availability of the Peat meadow, lying east of Blue Hill Avenue and south of Talbot Avenue, for the purposes of a skating-pond, training-field, and playground. This territory, which is mainly wet ground and of small value for building purposes, had previously been brought to the notice of the Board as well adapted to being made into a lake.

The latter project was not feasible, owing to the small area of water-shed and the great evaporation which would take place over so large an area, but the use of the land for a playground in summer and a skating-pond of shallow flowage in winter was found to be possible with a moderate expense for under-draining and surfacing.

The Board caused surveys to be made of the Peat meadow and adjoining upland, and subsequently, on October 7, called the attention of the Mayor to the availability of the location for the purposes abovementioned, as follows:

For a large public ground for mass meetings, parades, sports, and like uses, there is a tract of about 70 acres in Ward 24, bounded on three sides by Talbot Avenue, Blue Hill Avenue, and the- Roman Catholic

cemetery. This tract is composed of about 40 acres of meadow and 30 acres of upland. It is believed that properly drained and treated the meadow can be made suitable for all uses where level ground is needed, and that it can also be flooded in winter to make a skating-pond. The upland would be useful during the preparation of the meadow, and would always be a desirable ground from which to view sports and parades on the meadow, and for some of the manoeuvres of troops, the whole being sufficient for a brigade's evolutions.

The ground is near Franklin Park, the street railway in Blue Hill Avenue, and the N. Y. & N. E. R.R, and it is a tract two-thirds of which is at present undesirable for building purposes.

The 40 acres of meadow are assessed for $15,000, and the 30 acres of upland for $23.300. The market value can hardly be more than double the assessed value. The expense of draining and preparing these grounds need not exceed $150,000. A temporary preparation of the grounds for immediate use can be made by under-draining the meadow and by diking and ditching two of its sides at a cost of $30,000.

Public reference to this proposition was made in the press, and interviews with the officers of military organizations were published, favoring in the main the securing of the grounds for a muster-field.

A committee has been appointed by the present City Council to consider the expediency of securing the ground in the South Bay abovementioned for a public meeting ground.

CHARLESBANK GYMNASIUMS.

Inquiries having been received from many quarters in regard to the laying out of the open-air gymnasiums at Charlesbank, the facts relative to the establishment of these grounds are given below in detail.

Plans for improving the city shore of the Charles River were first outlined in the second report of this Board in 1876, in connection with the general plan for public parks.

In 1881 authority was obtained from the Legislature to construct that part of the proposed Embankment lying between Craigie's and West Boston bridges and shown in accompanying key map.

Subsequently the City Government made appropriations therefor, and thereupon the sea-wall and filling were completed in 1886, and a plan for the laying out of the grounds was made by the landscape architect, Mr. Frederick Law Olmsted.

In his report (published in the annual report of this Board for 1886) Mr. Ölmsted described the leading features of the plan as follows:

First. A level promenade nearly half a mile in length, adjoining and overlooking deep water. This promenade is to have an unbroken width of twenty-five feet. It is to be bordered on the side opposite the river by a row of trees, back of which are to be shaded seats, the arrange

ments being spacious, simple, and convenient for keeping clean and in good order.

Second. On the side of the promenade toward the city the larger part of the ground is to be raised above the general level with slopes of a natural aspect, and is to be planted in the character of a natural grove. screening the air coming from that direction, shutting the buildings out of view, giving a certain degree of sylvan seclusion to the promenade, and smothering the roar of the streets to those upon it.

Third. A space 370 by 150 feet in extent is to be enclosed and prepared especially as an exercise-ground for women and children. no others being admitted. It is to be screened about with shrubbery, and is to be adapted only to simple forms of recreation in which many can be engaged at a time quietly, without compelling care-taking of exces

sive cost.