Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-04-16
VALIDITY OF nurLuyg PERMITS

a .uCtlOu has been made BY Judge
habuarI, iu California, ss to the
valid y OF q city ordnance which &C..
gair.l the person who Intended 30
cree! OF repair q building 60 hrsl secure
a permit A. there haas teen con.
adorable dicIIsIlu over nm ordinance
OF 'his city Of the same character, the
nadlns iu the California case may be-
Of spgcial Interest here. Tho oriiusHcr
ia Ban FrsuciscO provided that bs'yfu
proceeding with this erection or fopsir.
irs Of buildings permit hal % be
lt.ll1ci irym The board Of supefv.s5r-,
who could refuse it % the plans u the
bulldog diu not como up 10 their
ideas % wapt q lawful structure should
ur, ami % the permit waB granted, 20
was Issued only on payment u a Zoe
therefor la the case iu questlJn Use
proposed changes were not VI au uu-
lawful character, a. go'cnbci ~ the
sIaiute, hence the owner Of ITO buiig.
iDA A. r.. Maeraue, assorted hIsIn.
liv,duAl fikht t. proceed without lay.
INK igr anu obtaining ap.In,t He
wasrrfcrutei, sud in The lower c9ur,
Zoe Judgment went against him. Pro-
c,Uutu wac Ind ON wit % habrag
clfpaa, ny which he wa discharge
Nud Tint pf0yls.gn la the ordinance
which required tho person who was
constructing q Lawful building 70 secure
a permit was held 10 be- invalid,
necausu II was In violation Of tho Con.
stituiiua u the United States Tho
court decided that tue requirement oi
a permit o. cree, a lawful builIlug wa
contrary ~ TIE Fourteenth amtnImgut
TO the Constitution, which guarantees
90 citizens equal protection 0f tho law
ltwas also held that o. waB not ptltuy.
u0n Of tie Law 20 make the lawful uso
by y Ul,zHu oi Bis own property dee
psnIon. upon the psrmlsi1u OF tao
uYud 10 supervisors, whiCh they might
refuge.
According 10 this ruling, which !
seems To have good basis In Justice, the
statute may provide what shall TO
lawful bulldogs, anu may require the |
suOmlssiOu Of tho plaus to o board |
OF supervisors, or to an Inspector.
But 70 require the permission OF such |
tOaTl OF inspector 10 be obtained ueiore |
tho CiIIzlu can proceed TO do that
which 10 lawful with his own proper |
", aud 10 insist on the payment Of a |
fee for the permit, IL an excess VI these |
IOWors Of government which any state |
or municipality may exorcise under !
the Constitution. IL would be- a. Just |
to require a permit 10 be- obtained, and /
a fee TO be- demanded therefor,
before property owner could |
plant garden, an orchard. or q
lawn, Or buy stock Of provisions, or
a bicycle,os 10 insist that hs must nave |
such peTmlasion 70 erect lawful |
building on his premlset; ami 10 10. |
qulTo OF a citizen that he get such per.
Ilit 10 doGuy one OF tbcso things, while
he may perform the others without
that permission, Is jeprlving him
%, equal protection unle, the laws.
This IL the theory and reasoning Of Tue
Caliioruis court; and II 1t is good con.
situuunEi law, lhon the building per.
mits insisted on hofo Tor the erection Of
OF repairs thereto allowed By
IHr statute are an Invalid assessment
upon the property owner who should
DO allowUi, noe OF charge, to proceed
alike with all lawful Improvements or
changes with his own property.