The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1898-11-08
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! anomaly? What would the fathers.
the revolutionary fathers of Worcester
nave said to such a proposition? How
would they have received a propose
TO erect a memorial to a British mon
arch upon the common?
II you should find that neither prin-
c1ple nor tradition, nor precedent, for
plds the erection of a memorial upon
the common to Victoria, queen of Great
Britain and empress Of India. then /
submit as my concluding proposition
that such an act would be a violation
| OF the spirit, if not the very letter. of
the laws of our country, and this must
be so for any one of three reasons. Sec.
p, cl. of the constitution of the Unit
ed State provides that, mo title of no
| bility shall be granted by the United
States, and no person holding any office
Of profit or trust under them shall.
without the consent of congress, accept
any present. emolument, office or title
of any kind whatever from any king,
prince or foreign state"
In commenting upon this section.
Story, the noted commentator of the
constitution, says: TITLES and foreign
emoluments would subvert the spirit
Of independence and personal dignity
which are so often proclaimed TO be the
| best security of a republican govern
ment And in explaining why the
trainers of the constitution confined
their prohibition to but one class of
citizens, he reasoned that such recogni-
ton of monarchy by the people of the
nation or by the people Of its several
states would be so improbable that
special mention of them in the consti-
tuition was rendered unnecessary. And
again, the common is public park, and
the rights of the people therein and the
city as municipal corporation thereto
are well defined and understood No
reasonable being would contend that the
city council could donate any portion
of the common for private purpose or
for the special benefit or use of any par
ticular class or sect of our citizens. Ac-
cording to the laws Of this common
wealth, the common is dedicated solely
and absolutely to the use of the public
and hence it must follow that any
other use would be in violation of the
laws of the commonwealth.
BY special statute of 1885, chapter 1889
the city of Worcester was authorized
to take a particular portion of the COM
mon for the purposes of a city hall
and there is absolutely nothing in that
act of the legislature nor in any act
of any legislature, nor in the general
laws of the commonwealth of MaSsa-
chusetts, which permits the city of
Worcester to set apart any portion or
parcel of the common land for
the purpose of the erection of
memorial to foreign monarch, and
if there is no law which authorizes such
an act it must follow that such ded-
ication of public property would be
unlawful.
1t is not so long ago that the people
in various states of the Union made a
most vigorous protest against the dec
laration Of public property by any dis
play of foreign flags or emblems, and
in Massachusetts, in response to a pop
ular demand from. the people, the legis-
lature Of 1895, in chapter 115 in the acts
Of that year. enacted that it shall be
unlawful to display the flag or emblem
Of any foreign country upon the outside
Of any state, county, city or town
building or public school house within
the commonwealth.
If a fair Interpretation of that stat
ute prohibits and discourages even the
temporary adornment of public prop
erty in Massachusetts with emblems
and flags of foreign countries, must it
not follow that the permanent dedica
ton of any portion Of Worcester COM
mon to the honor and glory of the ruler
Of any foreign country would be most
inconsistent with the spirit and reason
able intendment of the law. But, Mr..
President and gentlemen of the city
council of Worcester, ] cannot believe
that it will be necessary for me to ar
que before you that prohibition of
law should be invoked to cause you 10
refuse the request of the Brit
jsh Jubilee Memorial Association.
know that in all matters pertain
ing to the welfare Of our city and OF
the people who have made It their home.
you will be guided by that prudence
and honesty and integrity for which
the city fathers of Worcester are so
Justly famed and honored throughout