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Perley v. North Carolina, 249 U.S. 510 (1919)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Perley v. North Carolina, 249 U.S. 510 (1919)
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Perley v. North Carolina No. 251 Submitted March 19, 1919 Decided April 21, 1919 249 U.S. 510
ERROR TO THE SUPREME COURT
OF THE STATE OF NORTH CAROLINA
Syllabus
To protect the watersheds held by cities for supplying water to their inhabitants from danger by fire is a governmental purpose, in the execution of which it is not arbitrary for a state, where there is reasonable apprehension of the danger, to require the owners of timber, upon cutting or removing it from land near to such watersheds (in this case within 400 feet), to remove or cause to be burned under proper supervision, the tops, etc., not desired to be taken for commercial or other purposes. P. 513.
Mere assertion that the presence of such refuse would be harmless, not a nuisance, etc., held not to countervail the judgment of the state court, the legislative judgment implied in the act making the requirement, and common experience as to the danger of fire spreading from such accumulations. Id.
A statute making this requirement of individuals in favor of municipalities does not deny equal protection of the law in failing to make similar requirement of municipalities for the protection of individuals. P. 514.
173 N.Car. 783 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Perley v. North Carolina, 249 U.S. 510 (1919) in 249 U.S. 510 249 U.S. 511–249 U.S. 512. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=TAK7XUGJ92AFDVQ.
MLA: U.S. Supreme Court. "Syllabus." Perley v. North Carolina, 249 U.S. 510 (1919), in 249 U.S. 510, pp. 249 U.S. 511–249 U.S. 512. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TAK7XUGJ92AFDVQ.
Harvard: U.S. Supreme Court, 'Syllabus' in Perley v. North Carolina, 249 U.S. 510 (1919). cited in 1919, 249 U.S. 510, pp.249 U.S. 511–249 U.S. 512. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=TAK7XUGJ92AFDVQ.
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