The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1907-01-17
COURT SUSTAINS
GENERAL COUNCIL
Has Right to Name officials;
Board OfPublic Works
Has no Authority
MERCHANTS ALSO vIcToRs.
Board Asks for Ordinance Defining
Kinds of Signs Permitted ON
the Streets.
COMES WITHIN POLICE POWER.

Charles e. Bell is marketmaster
and A. Bundesman sewer inspector,
according to the ruling of Judge
Reed, of the circuit court, who de-
lcided the Injunction suit of J. e.
Potter against Charles e. Bell in
favor Of the latter today and instruct
ed nentry to be prepared.
Mr.. Bell was elected marketmaster
by the general council last December
under an ordinance, and A. Bundles
man was elected sewer Inspector. The
board of public works insisted these
officers and the wharfmaster are mere
ly employees of the boar dof public
works and not city officials. Conse-
quently, after Messrs. Bell and Bun
desman had qualified, the board of
public works proceeded to appoint ].
e. Potter marketmaster and A..
FRANKIE sewer inspector. The boards
marketmaster secured the keys from
Frank Smedley, retiring marketmas-
ter, and instituted injunction proceed
ings to restrain Mr.. BEN from acting.
Since then both men have been on
duty at the market house, while the
board of public works has been ig-
noring Mr.. Bundesman and keeping
Mr.. FRANKIE busy looking after its
orders.
In the marketmaster case, the
board of public works secured an
opinion, which it submitted to the
general couLcil. City Solicitor Camp
bell believe the general council had
the right to appoint the marketmas-
ter and sewer inspector. Hendrick,
Miller & Marble represented Col. Pot
ter and Flournoy & Reed MIR. Bell.
Before the suit was filed both con-
testants said they would fight the
case to the court of appeals.
Two severe jolts have been sus-
tanned by the board of public works
which is engaged in litigation with
Broadway merchants over the swing
ing sign edict, and indirectly with
the general council over the right to
appoint wharfmaster, marketmaster
and sewer Inspector.
Yesterday Judge Cross in the po-
lice court practically sustained the
contention to prevent the board
of public works from ordering
down their sign for an electric one,
and now the city solicitor has been
requested to draw up an ordinance,
defining the kind Of signs to be used
on the streets of Paducah and giving
the board of public works authority
to enforce the ordinance.
Sign Regulation.
In regarl to the regulation of
signs, City Solicitor Campbell said:
1.-THE regulation of signs extend
ing over the sidewalks, think comes
clearly within the police powers of
city, and any ordinance or contract
waving such power, can be abrogat-
ed at any time by the city. Police
powers cannot be granted away. TIE
question involved here, however, is
the right of the board of public
works to legislate concerning signs.
The easiest way out of the predica-
ment Is for the general council to
enact an ordinance, embodying the
rules of the board Of public works,if
the general sees fit, and then allow
tee board Of public works to enforce
it's provisions. The board Of public
works is an executive body. think
the board may regulate the hours
for Illuminating electric signs. pro-
vide for inspection, etc., but It can
not make laws providing for the kind
4 - ..~AI