The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-08-13
AN INJUNCTION SUED OUT
IT WAS GRANTED BY JUDGE
TIMBERLAKE.
WILL BE HEARD BY JUDGE MOORE
i is Made Re'uroabI4 in Rale Oh on Seplemb.r
End. The h jur c'ion Was Granted 10
Sherwood Higgs & Co., But
pnnles Ia Everybody,
fppIies to Everybody.

This is a day of injunctions, and so
when the Board of Aldermen refused to
so modify the sign ordinance as to suit
each and every merchant, shopkeeper
and other business or professional
men, it was to be expected that the men
not suited should sue out an injunction.
Such Il course has been pursued by
Sherwood Higgs x Co., and Judge Tim
1 berlake has granted the injunction. 1t
restraints the mayor and Board Of Alder
men from enforcing the ordinance rs to
| signs against anybody until ii can be
passed upon by the courts.
This hearing will occur on September
End when the matter will come up be-
fore Judge Moore in this city.
The title Of the action is Sherwood
Higgs, trading and doing business
as Sherwood Higgs Il Go. against A. NJ.
Powell, mayor, ard l.. b. Pegram, C.. c.
| Mcdonald. j. s. Wynne, w. e. Jones,
j. G. Drewry, w. w. Parish, II. w.
| Miller. Lynn Wilder, j. s. Correll. sam
| uel Bogasse, IL. H. Crocker Chas. +
| Cooke, David $. Hamilton, Il. c. Red
ford, Chas. y. Williams and James f.
Hamilton, members of the Board OF
Aldermen of the city of Raleigh.
The plaintiff complains and alleges:
1. That he is, and for some years
past has been doing general retail dry
goods, notions and shoe business on Fay
etteville street in the city Of Raleigh,
under the name and style of Sherwood
Higgs & Co.
?. That the defendant A. NJ. Powell
is mayor, and the other defendants are
members of the Board of Aldermen of
said city
3. That at much expense the plaintiff.
for the purpose OF making known and
| advertising his place Of business and at
| tracing attention thereto. some years
/ ago put up in front of his store a large
and electric sign, fourteen feet above
/ the street which shows both up and
down the street and spells out the plain
| tiif's surname. 1t projects from the
second story Of his place of business, is
4 securely suspended from bar Of COM
mon railroad iron, and is absolutely safe
from falling. This sign only projects
three or three and Il half feet from the
building, and is upright, instead Of hor-
| izontal 1t makes beautiful, safe and
attractive sign, and Is an ornament to
the city, and nterferes with and is a
source OF danger to no one Projecting
under this and attached to its lower end
is a hollow iron bar. about two inches in
diameter firmly fixed in the wall, and
| this supports Il second sign, made OF
| wire. This last sign extends partly over
the sidewalk about nine feet above it.
1t is securely fastened. and there is no
risk Of falling and it is a source Of
danger to no one. lit is a slightly, pleas
ant sign, entirely safe.
4. That on the 7th day Of June, 1899,
the defendant Board of Aldermen passed
an ordinance in the following words and
figures:
BE it ordained by the Board Of Alder
men Of the city Of Raleigh
Section /. That no sign shall be
suspended or projected over the side
walks in the city of Raleigh.
Section 2 That all signs that are
now projecting or that are suspended
over the sidewalks in the city of Raleigh,
shall be removed, together with the rods,
posts and poles used for supporting or
swinging said signs, by the 10Th day
of August, 1899
Section 3. Any person or firm violat-
ing the provisions Of this ordinance or
failing to comply with the provisions Of
the same, shall upon conviction thereof
before the mayor, be- fined 500, or inn
prisoned thirty days"
). That said signs contribute largely
to the advancement of plaintiffs BUSH
ness, and the increase of his trade, and
the plaintiff AYERS that the defendants
have no right to modest his signs so
long as they are safe and properly adj
justed and managed, and are not nuis-
ances TO the public. Yet the defendants
will enforce said ordinance unless re-
strained by the court. Said action will
much injure his business and cause TO
him irreparable damage.
/ 6. That on many of the houses along
Fayetteville street are porches and YER
andabs, which project over the sidewalks
as far as the said electric sign, and are
no safer to the public; and in front of
many stores on Fayetteville and other
streets are awnings, some with cloth
and some with wood as coverings, sup
ported by posts. These last cover up the
entire sidewalk. yet none of these things
are against the ordinance of the city.
And the plaintiff insists that the Ordl-
nance as to signs is arbitrary and OPP
pressiye; that it wrongfully discrimin-
ates against him, and denies to him the
equal protection of the laws, and takes
his property without due process of law.
I. That plaintiff has begun an ac-
ton in this court for the relief demanded
herein
Wherefore he prays that said ordin-
ance be declared null and void that
the enforcement of the same be restrain
. ed: for such other and further relief
as may be just, and for costs
/; Upon consideration of the foregolhs
complaint, Judge 1ilnberlake has order
. ed that the defendants, their agents,
) servants and attorneys be enJolned
and restrained from enforcing the
t ordinance as to signs, passed on the fth
day of June 1899, and set out in the
complaint, and from in any manner IN,
terfering with the plaintiffs signs til
t the further order of the court; and from
: imposing any penalty or punishment foi
failure to obey said ordinance; and they