...States, 147 US 282, 13 Sup. Ct. 361, 37 L. Ed. 170, the court, speaking through Mr. Justice Shiras, say: "In the memory of men now living a proposition to take private property without the consent of the owner for a public park and to assess a proportionate part of the cost upon real estate benefited...

...action. At the opening of his opinion in Shoemaker v. United States ' Mr. Justice Shiras remarks that " in the memory of men now living, a proposition to take private property without the 1 consent of its owner for a public park and to assess a proportionate part of the cost upon real estate...

...judicial tribunals. In Shoemaker v. United States, supra, Justice Shiras, speaking of city parks, says: "In the memory of men now living a proposition to...cost upon real estate benefited thereby, would have beeri regarded as a novel exercise of legislative power." May not this growth in the conception of...

...established under Act of Congress for the District of Columbia, that in the memory of men now living the proposition to take private property without the consent of its owner for a public park and assess a proportionate part of the cost upon the real estate benefited would have been regarded as...

...railroad the canal bed." Shoemaker v. United States (147 US, 282). Justice Shiras likewise said (p. 297): "In the memory of men now living a proposition to...regarded as a novel exercise of legislative power. * * * The validity of the legislative acts erecting such parks and providing for their cost has been...

..."In the memory of men now living a proposition to take private property without the consent of the owner for a public park and to assess a proportionate...regarded as a novel exercise of legislative power. * » • There is now scarcely a city of any considerable size in the entire country that does not...

...in the District of Columbia and assessing part of the cost upon the property especially benefited, said : "In the memory of men now living, a proposition...regarded as a novel exercise of legislative power." And, in the case of Attorney General v. Williams, 174 Mass. 476, the Supreme Court of Massachusetts,...

...V parks. 1 The point as to the public purpose of a park was not at issue in the case, but the court said: In the memory of men now living, a proposition...proportionate part of the cost upon real estate benefited ; _ thereby, would have been regarded as a novel exercise of legislative] ; •• •/ power. It is...

...in a unanimous opinion which has never been challenged, said, in substance, this : "In memory of man now living a proposition to take private property without the consent of the owner for a public park and assess a proportional part of the cost upon real estate benefited thereby,...

...originally had been provided not for recreation but for grazing domestic animals "in common," and that "[i]n the memory of men now living, a proposition to take private property [by eminent domain] for a public park . . . would have been regarded as a novel exercise of legislative...