The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-12

decent pictures can be taken over by
the city officials.
But the plans to raise the boards
four feet from the ground, require
that they be constructed at certain
place on a lot, will have to be aban-
doned fol the present unless the city
wishes to have a tusSle with the SUI
preme court and wage another bill
board war similar to the one fought
out some years ago when the munich
pal officers lost.
In his opinion to the city coun-
ell Monday night Mr.. Ralston will
show the councilmen just where their
power lies and Just where 1t will be
possible for them to make laws for
the regulation of the sign boards in
Topeka. It is possible then that the
council will order an ordinance drawn
up to show the limit of their powers
and then enforce it to this limit.
The whole trouble seems to be with
the rights of q man on his OWE prop
erty In Kansas the DILL boards are
placed on a par with the fences and
the man who builds them has about
the same rights that he does with
fence He can build it any place on
the lot and he can build it in any
position-just so he is not endanger-
ing the life of pedestrians and injur-
ing his neighbor.
The main point in the opinion hand
ed down by the city attorney is that
the city of Topeka does have the right
to condemn and prohibit the picturing
Of indecent and immoral tendencies.
1t is within the power of new or
dinance to regulate the kind OF mat
ter pasted on the bill boards-in case
this matter is declared immoral or in
decent.
It is the same way with fence, how
ever according to Mr.. Ralston. If
man builds fence on his place ana
pastes immoral and indecent pictures
- Il a M
the law to prosecute him because ne
has injured the public morals.
After ALL it has always been one OF
the strong features of the fight on bill
bOards-to do away with the bad pic
lures that are supposed to injure the
morals of the children of the city. It
has been to this end that the church
and civic improvement societies have
been working. 1t will be a good piece
of news to them to find at last that
they have the necessary power.
The proposed ordinance which
brought out the opinion from the city
attorney provided for a regulation of
the construction of the bill boards in
such manner that they would be built
three and four feet from the ground. It
was argued that the low built bill
boards are lurking place of filth and
dirt-that it gives the property an I'M
healthy resort and is a menace to the
neighboring property. 1t was also
stated IndC CRIMINALS, men anu WOIIcH
of bad reputation and -drunkards gath
cred behind the boards as shield for
their crimes.
Mr.. Ralston says that the city has no
right to govern the height of these
boards. He cited opinions and cases all
over the country up to March, 1909, and
proved that the courts have killed that
regulation in many places. 1t all comes
back to the theory that a man has a
right to his own property and when the
city makes such regulations it is an in
fringement
The city does. however, have a right
to regulate the kind of material used IN
bill boards within the fire limits of the
city. The material must be metal of
some kind-but must not be in
| f1ammable. Outside of the fire limits
the property owner has right to build
what he wishes-except when he is en-
dangering the public with insecure and
| dangerous signs.
The opinion comes like a bombshell
into the camp of the supporters of the
proposed ordinance. 1t was hoped that
the height of the bill boards could he
! regulated and that the position of the
boards on the lots could be maintained
also the right of a man to build a
| from the city.
authorities to work out an ordinance
embracing all of the points mentioned
! by the city attorney and then try and
enforce the other regulations upon an
agreement with sign board companies.