Arizona republican., 1895-03-15
WON BY THE CITY.
The Sign Post Franchise Over
 turned.
The Ordinance Under Which MT, Winters Has Proceeded Is Pro-
 nounCed Invalid.

Judge Baker decided yesterday that when the city council passed an ordin- ance granting the privilege to erect un- slightly advertising signs on the street corners under the pretext that the signs were more especially to inform the puhlic concerning the names of the streets it was doing something which it could not legally do. This decision was reached in the case of E. H. Winters vs. The City of Phoenix, an action for damages amounting to $l0,000.
 Nearly three years ago the city granted to R. L. Long franchise for designating the street corners. The streets needed designating badly enough, and in seeking the franchise MT. Long may have been inspired in part by municipal patriotism, but he was inspired in greater part by the advertising or bill posting privileges and possibilities herewith connected. He WAS given what he asked for with single restric tion. He was not permitted to levy blackmail upon merchant by erecting on contiguous street corner any ad
 
 particular merchant. There was nothing in the ordinance on the sub- feet, but the council considering the ad- vertisements to be incidental only to the general scheme for giving publicity to the names of the streets which were new and not very well understood at that time, believed that the holder of the franchise would not utilize more than ons of the. four corners at the intersection of any two streets. The holder of the franchise who considered the giving of information concerning the names of the streets only an incl dent of the general advertising scheme, believed that he could erect not less than four street signs at every inter- section.
 So anxious was the city to have the streets designated that the grantee was bound to erect so many signs the first year, so many the second and so on until the town should fairly bristle with intelligence concerning the thorough fares.
 Within month or two after the franchise was granted Mr. Long trans ferred it to E. H. Winters, who im- mediately put up 100 intelligence off, ces. He was complying strictly with the terms of the franchise. The signs were artistic in their way but more lum Der than was necessary seemed to be used and the information was re- garded as too diffuse.
 Last spring another council repealed the ordinance and MT. Winters was warned to stop operations under it. He continued however more energetic ally than ever and the city marshal caused all the new posts to be ex- tracted. Two contractors were arrested convicted in police court of obstructlng the streets and were fined $1 each. The cases were appealed to the district court.
 Soon after that MT. Winters began damage suit against the city. The dam ages claimed were real and constructive. For instance. each post cost the plain tiff $573. It does not take skillful mathematician to figure how much he was out by the extraction of thirty-two posts. The rest of the $10,0O0 claimed in the petition represented the possi- bilities of which he had been deprived.
 Several witnesses were examined on both sides. The plaintiff sought to 5uOW tIldt ue WAS III sOOu ldltu COmpiy- ing with the terms of his contract with the city. The equity of the case WAS not considered by the court which held that both the plaintiff and the defen- dant were acting under contract made without authority. A city council could grant franchise for railway, telegraph, telephone line, electric light, gas or water system, for all these are public Tn their character. The council