¶1dissenting. I am unable to agree with the majority opinion because in my judgment section 11 of chapter 149 of the ordinances of the city of Pawtucket enacted August 17, 1916 is clearly prohibitory and not in any sense merely regulatory in respect to the right of free speech in a public park in that city. The section does not even contain, for what it may be worth, a provision that a license may be issued by a municipal authority permitting the making of an address in any maimer, at any time, or in any place. It may be that other sections of the chapter are regulatory in nature, but they in no way refer to or have any connection with section 11, which is the only portion of the chapter material to the questions before us. Since section 11 is plainly distinct and separable from the rest of the'chapter the validity of that section should rest upon its own language without reference to other clearly unrelated provisions of said chapter.
¶2Also in my opinion Davis v. Massachusetts, 167 U. S. 43, upon which the majority of the court relies, cannot properly be held to govern the instant case. While it is true that the above-cited case has never been specifically overruled *29by the supreme court of the United States, nevertheless in my judgment that court, in later decisions where it referred to the Daviscase, has so weakened its effect as an authority that I am unable to accept it as controlling here. Among such decisions are Hague v. Committee for Industrial Organization, 307 U. S. 496, Jamison v. Texas, 318 U. S. 413, Saia v. New York, 334 U. S. 558, Niemotko v. Maryland, 340 U. S. 268. See also Milwaukee County v. Carter, 258 Wis. 139, a recent opinion of a state court of last resort. Several of these cases involve the right of free speech in public parks. The general principles of law applicable to the right of freedom of speech and assembly under the first and fourteenth amendments of the constitution of the United States, as set out in such cases and in others, are in substance inconsistent with and contrary to the holding in the Daviscase.
¶3In addition it may be noted that in Commonwealth v. Gilfedder, 321 Mass. 335 (1947), the supreme court of that state, in a case involving the right to make an address on Boston Common contrary to an .ordinance of that city and certain rules of the board of park commissioners, held such ordinance and rules to be in conflict with the rights of freedom of speech, of the press, and of assembly guaranteed by the first amendment to the constitution of the United States. At page 342 of that opinion the court makes the following comment: “We confess to difficulty in reconciling the present decision with the decisions in the Daviscases. Nevertheless, we feel compelled to the result now reached by the broad sweep of principles set forth in great amplitude in more recent decisions of the Supreme Court of the United States.”
¶4For the reasons stated it is my opinion that section 11 of chapter 149 of the ordinances of the city of Pawtucket is contrary to the pertinent provisions of the first and fourteenth amendments to the United States constitution. I *30therefore answer in the affirmative the first question certified to us by the trial justice.
¶5In view of the fact that I have construed section 11 of the ordinance to be invalid under the federal constitution, and further as the defendant in his motion to quash did not specifically point out the particular sections of the constitution of this state which he alleges are violated by section 11, as our well-established practice requires, I am of the opinion that is is unnecessary for me to answer the second question certified by the trial justice.
¶6APPENDIX “Chapter 149.
¶7Approved August 17, 1916.
¶8An Ordinance Providing Rules And Regulations For Public Parks In The City Of Pawtucket.
¶9It is ordained by the City Council of the City of Pawtucket as follows:
¶10Section 1. No person is allowed to land or take passengers on any boat from the banks of the pond. Any person entering or leaving a boat must do so at the landing provided therefor.
¶11Sec. 2. No person is allowed to occupy the tennis court for more than one hour if other patrons of the Park are waiting to play. While playing on the tennis court patrons must wear shoes without heels or spikes.
¶12Sec. 3. No person is allowed to use profane language in the Park and Ladies and Children must not be annoyed or molested by anyone.
¶13Sec. 4. Slater Park shall be open to the public from sunrise until eleven o’clock afternoon from April first to November first, and from sunrise until ten o’clock afternoon from November first to April first in each and every year; and no person shall enter or be within the limits of .said park except between said hours without permission from the Commissioners or Superintendent of Parks.
¶14*31Sec. 5. No person shall take, pluck, injure, destroy, cut, mark or deface any flower, root, plant, shrub, tree, building, fence, monument or other property in any park. No person shall throw a stone or other missile in any park.
¶15Sec. 6. No person shall ride or drive within any park at a rate of speed exceeding ten miles per hour. No person shall ride or drive any animal, bicycle or other vehicle except upon the driveways; nor ride or drive any animal, bicycle or vehicle upon other than the right hand side of the driveways, except to cross such driveway or to turn out for some obstruction, or for some animal, bicycle or other vehicle going in the same direction.
¶16Sec. 7. Automobiles, or other vehicles, must not be driven faster than ten miles per hour within the limits of the Park.
¶17Sec. 8. No person shall drive any heavy team, nor any swill or residuum cart, nor any team or carriage for the purpose of business, into any park, without permission from the Commissioners or Superintendent of Parks.
¶18Sec. 9. All vehicles while within the limits of the Park must conform strictly to law regarding lights to be carried.
¶19Sec. 10. No person shall bathe or fish in, nor go into, nor send any animal into, any of the waters of any park, nor disturb any of the fish, birds, water fowl or animals in any park, nor throw or place any article or thing in said waters; provided however, that fishing in any such waters from boats owned by the City of Pawtucket may be allowed by the park commissioners at such times and under such regulations and upon payment of such fees as said commissioners may from time to time prescribe and determine.
¶20Sec. 11. No person shall address any political or religious meeting in any public park; but this section shall not be construed to prohibit any political or religious club or society from visiting any public park in a body, provided that no public address shall be made under the auspices of such club or society in such park.
¶21Sec. 12. No person, being the owner or having the charge or custody of any dog, cat, fowl, goat, swine or neat cattle, shall allow such dog, cat; fowl, goat, swine or neat cattle to enter any public park or to remain therein.
¶22Sec. 13. No person, except in the employ of the commissioners or superintendent of parks, shall light, build or make any fire in any park, square or public grounds.
¶23Sec. 14. No automobile, or other vehicle, shall be permitted to remain stationary in any part of said park for a longer period than ten minutes, except in such locations as shall be assigned for such purpose by the park commission; and any person in charge of such automobile or other vehicle shall at any time, upon the direction of any officer, immediately remove such automobile or other vehicle to such location as such officer shall direct.
¶24Sec. 15. Any person violating any of the provisions of this ordinance shall be fined not exceeding twenty dollars, or be imprisoned for a term not exceeding ten days for each offense.
¶25Sec. 16. This ordinance shall take effect upon its passage.”