Los Angeles herald., 1909-05-29
News OF the Courts
WILTSHIRE BOULEVARD
ORDINANCE IS VALID
CITY WINS SUIT AGAINST
HEAVY TEAMING
Judge Willis Finds Council Has Right
to Restrict Glass of Traffic
on a Residence
Street

The constitutionality of the Los An
geles city ordinance declaring Wiltshire
! boulevard, which for more than q half
century was a portion of the direct
route from Los Angeles and the San
Fernando valley through the Cahuenga
pass, is upheld in an opinion handed
down by Judge Willis of the superior
court yesterday in the habeas corpus
proceedings of L. r. Race, who, in July,
last year, was arrested upon a warrant
issued by a police justice, charging him
with violating the ordinance by driving
a heavily loaded wagon over the road
way.
The ordinance in question is one
which declares Wiltshire boulevard,
from Benton boulevard to the west
limits of the city, to be public boule-
ward, prohibiting its use for railway
tracks or heavy hauling of any kind.
It was contended by Races attorneys
that the ordinance was unreasonable
and oppressive, that the highway was
continually used by the residents of
Colegrove Hollywood, Beverly and
Sherman and farmers and other resi-
dents of the surrounding country IN
reaching the central and business por-
lions of this city, and by reason of be-
ing unable to use the boulevard it was
necessary for a large number of persons
to make detour of over four miles on
a round trip to and from Los ngeles.
1t was also contended that the or
dinance deprived these persons of long
existing rights and privileges and less
ened the values of property by reason
of making it more inaccessible and
making the transportation of farmers
produce, oil and other products more
difficult and expensive.
Judge Inspects Streets
Judge Willis, for the purpose of aid
ing him in reaching a decision, in
spected Wiltshire and other streets lead
ing into or connecting the territory al
fected with this city.
"From the actual inspection of these
streets and the territory in question"
he says, Il am satisfied that the resi-
dents of Colegrove, Hollywood, BeVer-
" and Sherman, and, in fact, all per
sons living adjacent to or north of
Santa Monica avenue, are not injured
or prejudiced in any manner by the
limitation which the ordinance in ques-
ton imposes upon the use of Wiltshire
boulevard
Judge Willis says he also found that
the only people, If any, whose rights
could be prejudiced by the limitations
imposed upon Wiltshire boulevard, are
those whose property or business hes
northerly of the extension of Plco
street and south of Santa Monica ave
nue. and between the prolongation OF
Pico street and Santa Monica avenue,
to La Brea boulevard.
While expressing the opinion that the
city in depriving the inhabitants of this
section of the unlimited and uncon-
trolled use of Wiltshire boulevard has
exceeded it's constitutional right he
adds that the ordinance does not as
sumo to prohibit the use of the bouie-
ward by the general public, but only
in, xtyha fha HifV council
deemed to be a reasonable manner.
In this connection he says: 1.-THE con-
clusion from the testimony introduced
and the investigation made is that the
greatest good to the greatest number
of people is best subserved by limiting
the use of Wiltshire boulevard to the
purposes authorized by the ordinance
in question"
Use other Streets
In the opinion of Judge Willis the
people living in the district are pro-
yided with means of ingress to and
errees from the city by Fourth and
sixth streets which, he says, fully com
pensates them for the loss of any ad-
Vantage they had by reason of travel
ing upon Wiltshire road prior to its be-
coming boulevard.
Indeed" he adds, "the testimony
proves conclusively to my mind that
the road known as Fourth street was
granted to the county many years ago
by Mrs. Hancock for the express pur-
pose of accommodating the travel that
had Heretofore gone into the city over
that portion of the highway now known
as Wiltshire boulevard"
In regard to the contention that
Fourth street is at times INSTRUCTED by
street cars, Judge Willis says it should
be borne in mind that the railway com
panies have only a right of way over
and not the exclusive use of the streets.
and the city is not bound to improve
other streets in order that street cars
NAV have exclusive use of streets
Heretofore dedicated to the general
public.
Judge Wills opinion contains nearly
twelve typewriter pages and quota
lions from numerous authorities.