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Evans Vs. Newton
Cites for this judgment
- US Supreme Court
- Jan 17, 1966
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U.S. 296 (1966) U.S. Supreme Court Evans v. NewtonSearch
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U.S. 296 (1966) Evans v. NewtonSearch
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bars a city from acting as trustee under a private will that serves the racial segregation cause. Pennsylvania v. BoardSearch
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action is not always easy to determine. See Burton v. WilmingtonSearch
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as trustee of property under a private will serving the segregated cause is an obvious example. See Pennsylvania v. BoardSearch
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an aspect of the elective process to private groups, they become subject to the same restraints as the State. Terry v. AdamsSearch
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Page 382 U. S. 300 ( Burton v. WilmingtonSearch
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as to exclude one or more religious groups, those sects may maintain their own parochial educational systems. Pierce v. SocietySearch
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remains subject to the restraints of the Fourteenth Amendment, just as the private utility in Public Utilities Comm'n v. PollakSearch
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traditionally serves the community. Mass recreation through the use of parks is plainly in the public domain, Watson v. MemphisSearch
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Amendment. Like the streets of the company town in Marsh v.Alabama, supra, the elective process of Terry v. AdamsSearch
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supra, and the transit system of Public Utilities Comm'n v. PollakSearch
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Watson v. MemphisSearch
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U. S. 526 . And see Mayor & City Council of Baltimore v. DawsonSearch
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Holmes v. CitySearch
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New Orleans City Park Improvement Assn. v. DetiegeSearch
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commons, with an easement in favor of the general public. See Mayor & Council of Macon v. FranklinSearch
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Ga. 239. The concept of dedication meant that the property was to benefit the public as a whole. Ford v. HarrisSearch
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East Atlanta Land Co. v. MowerSearch
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least, to dedicate land to the public as a whole, at the same time excluding the members of the Negro race. Cf. Brown v. GunnSearch
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of the state law issues free from the compulsion of an erroneous view of federal law. Missouri ex rel. Southern R. Co. v. MayfieldSearch
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Minnesota v. NationalSearch
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State Tax Commission v. VanSearch
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to convert the infected private discrimination into state action subject to the Fourteenth Amendment. Compare Robinson v. FloridaSearch
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Peterson v. CitySearch
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Newson v. StarkeSearch
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Ga. 88, 92 (1872), and has the effect of fully adopting in Georgia the common law of charities, Jones v. HabershamSearch
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to the use of less than the whole public. In the leading case of Commissioners for Special Purposes of Income Tax v. PemselSearch
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at 2715 (2d ed. 1956). (Emphasis added.) Accord, Trustees of New Castle Common v. MegginsonSearch
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Feb. 1939), but the available Georgia authorities are consistent with the rule enunciated by Scott. Compare Bramblett v. TrustSearch
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not charitable), with Houston v. MillsSearch
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means dedication to the public as a whole, and not some portion of the public. See also Western Union Telegraph Co. v. GeorgiaSearch
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the court felt bound to hold such a trust was charitable on the authority of a dictum by Lord Selborne in Goodman v. MayorSearch
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Lord Blackburn dissented in Goodman v. MayorSearch
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of a town (in fact, the trust in Goodman v. MayorSearch
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for its illegal use cannot be escaped by putting it in the hands of new trustees. Cf., e.g., Mormon Church v. UnitedSearch
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rule that this Court will not reach constitutional questions if their decision can reasonably be avoided. Peters v. HobbySearch
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Charles River Bridge v. ProprietorsSearch
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action was appropriately challenged, resigned as trustee. The state courts, obedient to federal commands, Pennsylvania v. BoardSearch
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this novel state action theory. Public Utilities Page 382 U. S. 320 Commission of District of Columbia v. PollakSearch
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theory. Watson v. CitySearch
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operated residential community of apartment buildings housing 35,000 residents, Watchtower Bible & Tract Soc'y v. MetropolitanSearch
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and to a privately owned housing development of 25,000 people alleged to discriminate on racial grounds, Dorsey v. StuyvesantSearch
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Town Corp., 299 N.Y. 512, 87 N.E.2d 541, 14 A.L.R.2d 133, certiorari denied, 339 U.S. 981. See also Hall v. VirginiaSearch
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on such a park in trust, so that the statute was but declaratory of existing law pro tanto. See, e.g., Houston v. MillsSearch
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that the Court should have refused to adjudicate the constitutional issue on this cloudy record. See Rescue Army v. MunicipalSearch
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