Los Angeles herald., 1907-12-28

sideration is reasonable or unreasonable
exercise of police power.
..By the constitution OF the state and
OF the United States there is guaranteed
to every property owner the use OF tnat
property free and untrammeled by any
restrictions whatsoever, save only as may
be necessary for the protection OF the
public against those things which might
be hurtful to the comfort, safety and
welfare of society--'the law of overruling
necessity'-and, second, extraordinary
uses which under certain circumstances
may damage the property of others In
such a manner as to constitute In law
public or private nuisance.
'The first of these restrictions Is accom-
plished by .overnment exercise of the
police power the second by the actions
for the abatement OF nuisances."
It is declared that in the exercise of
police power, whether by the state or the
local government, the statutes or ordi-
nances must not restrict the individual
In the absolute freedom of the use of his
property beyond what Is necessary for
the protection of the public against
danger.
Regulation Reasonable
''In other words" says the court, the
regulation must be reasonable, and II IL
goes beyond such necessity 1t Is the
province and duty of tho court upon ap-
plication of an injured party, to declare
the statute or ordinance void ana restrain
its enforcement
Regarding the city attorneys conten-
ton that billboards are unsightly, Judge
Bordwell says
sit cannot be denied that billboards
themselves are unattractive and that, In
fact, they do mar the general beauty of
the city And it is likewise true that
many advertising designs, instead OF be-
ing artistic, are hideous in their concep-
ton, positively shocking to the educated,
aesthetic sense, shaming both the adver-
tiser and the designer"
The remedy for this, the court believes,
must be found in education rather than
legislation.
AS to the requirement that owners of
billboards must give notice to owners OF
adjoining property, the court says IL
would be as reasonable to require or q
person about to construct building to
give notice to his neighbors of his desire
for permit
The court concludes as follows:
"Other criticism of the ordinance might
be made, but enough has been said to
show that 1t is the duty of the court to
declare the whole ordinance unreasonable
and violative of the rights Of the plain
tiffs and those similarly engaged, and
should, therefore. be declared invalid and
annuiled."
Act Long Fought For
The ordinance which has been knocked
out by Judge Bordwell's decision Is one
that was placed in the citys laws after
a long fight by a number of womer' s
clubs and individuals in an effort to fur
ther beautify the city. 1t provided for
notice of filing application for the erec-
tion Of billboards In order that residents
might have an opportunity to appear be-
fore the police commission and protest.
In the war against billboards the Civic
association has been among the most
prominent, this work having been placed
in charge of special committee. The
chairman of this committee, Mrs. j.
w. Kanst, did not take the decision of
Judge Bordwell as altogether defeat.
.It has been decided that billboards
may be taxed" said Mrs. Kanst "and
that is one of the things for which we
have been working. We will continue
our educational campaign, and feel some
what elated when we remember that the
city will be enriched $4,000 annually by the
tax"
Hundreds of letters will be sent out by
the association to club women asking
their help in discouraging billboard ad-
vertising If necessary 1t Is expected a
boycott will be instituted against adver-
tisers who use this method of advertis-
ing their goods.