The herald., 1898-06-21
INVALID and VOID
JUD0E VAN, DYKE so SAYS OF
BrLL16AHD ORDINANCE
WILTSHIRE is DISCHARGED
a Thin6 sos Beauty Is a, Joy Forever,
and MI Rpbltc win Have to Make
&C., the Hestof It

In the decision in the matter Of the ap-
pication of H. G. Wiltshire for a writ Of
habeas corpus, Judge Van Dyke yesterday
pronounced the city bill board ordinance
invalid And void. and discharged Mr.. Will
shire from custody. The ordinance in ques-
tion reads as follows:
1t shall be unlawful for any person,
either for his own use or for the use
of any other person or persons, or as
agent or employe of any person, firm or
corporation, to build. erect on maintain
or cause to be built, erected or main
tanned along the line of any pubic street
or alley of said city or within thirty feet
of such, any bill board, sign board, adj
vertising sign board or other board or
structure intended to be used for ad-
vertising or sign purposes, any part Of
which exceeds ten feet In height, meas
ured from the surface Of the ground to
the highest point in said structure.
H. G. Wiltshire was arrested ON the COM
plant of Police Sergeant Smith, who al
legged that the Wiltshire company had erect
ed sign board on Tempe street which vi
olated the provisions of this ordinance, both
rs to height and location In passing on
the validity of the ordinance, the court
says: bs.
1T is commended on The part of the petit
toner (Mr Wilshire) that the ordinance
In question is wnoly ilesai anu Voia, anu
not within the power of the municipal au-
thorities Of the city of Los Angeles to
enact, and also that it is unreasonable and
discriminating. On behalf of the city, 1t
Is maintained that the ordinance is rea-
souable and is within the constitutional and
statutory power conferred upon the CITY.
1T is claimed that the purpose Oh inis
ordnance was 10 project inc cl'izehs against
the danger OF such structures, on account
OF their liability to fali or be down over
aud also from their combustible nature. But
1t will be seen that the ordinance mas no
regard to the material Of the structure, or
its strength, nor does it prohibit the cree
ton of structure over ten ieet IN heisnt
or within thirty feet of the line OF the side
walk, 1t 1t be not intended 10 De USED or
needed for advertising purposes, and 1t is
difficult to see how structure Oh ten ieet
or over, and within thirty feet OF the side
walk Is more dangerous from the fact that
it has an advertisement upon it. 1t the
structures were of iron instead OF boards,
and built In the most substantial and dur
walk, and, over ten feet nigh, and USED Tor
Advertising and sign purposes, 1t would De
In violation OF the terms OF the ordnance.
Again. 1t makes no dlHerence whetner sucn
sign board be erected IN the central, busi-
ness portion OF the city, or away out In the
sparseiy settled districts. II is olIncult 10
see how the erection OF such Dill board,
with an advertisement on II, IN the out
skirts and unsettled portions OF the CITY,
for instance, could anect the pubic NOR
ais or health OF the city, or endauser lie
and property
AS already SHOWN, the ordinance itseif
does not seem to be leveled al the erection
OF the structure, but al its INTENDED use,
or uses, after erection, IN the way OF ad-
vertising. III plain poard structure OF
the height and within the distance from
the sidewalk mentioned in the ordinance,
would be harmless OF itself, poster tnere-
on containing program OF the celebration
of the, Fourth OF July or picture OF the
American flag, or ike patriotic or narm-
less advertisement, could not nave the Ell
feet to change 1t into pubic nuisance or