D was charged with making a public address on the Common in Boston in violation of Section 66 of chapter 43 of the 'Revised Ordinances of the City of Boston, 1892.' The ordinance states: 'No person shall, in or upon any of the public grounds, make any public address, discharge any cannon or firearm, expose for sale any goods, wares, or merchandise, erect or maintain any booth, stand, tent, or apparatus for purposes of public amusement or show, except in accordance with a permit from the mayor.' The jury returned a verdict of guilty, and D appealed.

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