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" The inhabitants of a city or town cannot be compelled to give up rights in property, or to pay taxes, for purely aesthetic objects; but if the primary and substantive purpose of the legislation is such as justifies the act, considerations of taste and... "
Survey - Page 516
1909
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 249

Illinois. Supreme Court - Law reports, digests, etc - 1911 - 712 pages
...could not compel the surrender of private rights in property for purely aesthetic purposes, still, if the primary and substantive purpose of the legislation is such as to justify the act, considerations of taste and beauty may enter in as auxiliary. This case was subsequently...
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The Atlantic Reporter, Volume 70

Law reports, digests, etc - 1908 - 1148 pages
...even for such purposes. In Welsh v. Swasey, supra, it Is said that, "If the primary and substantial purpose of the legislation is such as Justifies the...considerations of taste and beauty may enter In as auxiliary." And our predecessors have said, in speaking of an ordinance of Baltimore City, passed in pursuance...
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Massachusetts Reports, Volume 193

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1907 - 796 pages
...will be needed, and the manner in which the land is laid out, and the nature of the approaches to it. with compensation for landowners, would have been...of the St. 1904, c. 333, for dividing parts of the city into two classes, in each of which there is a prescribed limit for the height of buildings, was...
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The American State Reports: Containing the Cases of General ..., Volume 118

Abraham Clark Freeman - Law reports, digests, etc - 1908 - 1158 pages
...before the court, enacted under the right of eminent domain, 3T5 with compensation for land ownc"rs, would have been unconstitutional if it had been passed...enter in, as auxiliary. We are of opinion that the provisions of the Statutes of 1904, chapter 333. for dividing parts of the city into two classes, in...
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The American State Reports: Containing the Cases of General ..., Volume 118

Abraham Clark Freeman - Law reports, digests, etc - 1908 - 1158 pages
...before the court, enacted under the right of eminent domain, 375 with compensation for land owners, would have been unconstitutional if it had been passed...beauty may enter in, as auxiliary. We are of opinion thut the provisions of the Statutes of 1904, chapter 333, for dividing parts of the city into two classes,...
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Pamphlets

American Civic Association - 1916 - 416 pages
...fruit. APOLOGETIC ESTHETICS .JP* SL8 AMERICAN CIVIC ASSOCIATION of the legislation is such as to justify the act, considerations of taste and beauty may enter in, as auxiliary." The reason we want to get rid of billboards along railroads and in the business section, as well as...
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The American State Reports: Containing the Cases of General ..., Volume 129

Abraham Clark Freeman - Law reports, digests, etc - 1910 - 1266 pages
...Swasey, 193 Mass. 3G4, 118 Am. St. Rep. 523, 79 NE 745, it is said that, "if the primary and substantial purpose of the legislation is such as justifies the...considerations of taste and beauty may enter in as auxiliary." And our predecessors have said in speaking of an ordinance of Baltimore City passed in pursuance of...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 226

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1913 - 806 pages
...purposes, still, if the primary and substantive purposes of the legislature are such as to justify the act, considerations of taste and beauty may enter in as auxiliary. Haller Sign Works v. Physical Culture School, 249 Illinois, 436. MR. JUSTICE McKENNA delivered the...
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Carrying Out the City Plan: The Practical Application of American Law in the ...

Flavel Shurtleff, Frederick Law Olmsted - City planning - 1914 - 370 pages
...the architectural symmetry of Copley Square," or "merely for the benef1t of individual landowners." The inhabitants of a city or town cannot be compelled...substantive purpose of the legislation is such as justif1es the act, considerations of taste and beauty may enter in, as auxiliary. We are of opinion...
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Bulletins for the Constitutional Convention, 1917-1918: Bulletins 17-37

Massachusetts. Commission to Compile Information and Data for the Use of the Constitutional Convention - Constitutional conventions - 1919 - 630 pages
...the Supreme Court of Massachusetts the following significant statement was made (193 Mass. 364, 375): The inhabitants of a city or town cannot be compelled...considerations of taste and beauty may enter in, as auxiliary. Thus far the immediate question of aesthetics has not been passed upon by the Supreme Court of the...
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