The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-09-03
milwaukee LOSES.
In a Legal Contest With City Bill
boards.

In connection with the pending Dill
board controversy here is case
which went against a city last week
as detailed in the Milwaukee Sentlnel
of August IS:
THE city of Milwaukee has lost its
fight against the socalled billboard
nuisance
I'm rendering a decision against
the city in favor of the Cream City
Bill Posting company and the Thomas
Cusack company in suit brought Dy
the city alleging violation OF tne
city ordinance applying to the Dill
boards Judge Fritz on Wednesday
said that under its police power the
CITY can regulate and control the con-
struction of billboards only insofar
as to protect the health and safety
of the citizens, but it cannot, Tor
aesthetic purposes, deprive lot owners
of the right to cover the entire space
of ground with billboards if they wish
or to compel them to have open
spaces at both ends of the b1llboardS
in addition to an opening at the Dot
tom.
Judge Fritz further said in his de-
cision that the billboards, signs and
advertisements of the defendants do
not in any way, menace or interfere
with the safety, health or morals or
the public, since the advertisements
are generally of a business nature ana
do not injuriously affect the public IN
any way.
such an ordinance, the court
ruled, would be an invasion on private
property rights and therefore is uh-
Constitutional null and void. as 1t
would deprive a person of his property
rights without due compensation as
guaranteed by the constitution of the
United States and the laws OF Wis
conS;n.
The court orders that the city and
its officials be perperually enjoined
from enforcing the ordinance or from
Interfering with the completion OF
billbOardS in process of erection, or
the construction of any new signs,
billboards or advertisements of the
plaintiffs located on private property,
or from removing any of these signs
or bilIboards from any private prop
ertE.
common council on January 81, 1910,
and provided that billbOards shall not
be nearer than three feet to any
building, more than twelve feet high
and that the lower edge of the bill
boards shall not be more than three
feet or less than two feet from the
ground. The ordinance further pro-
Vides that all billbOardS shall be con-
structed to withstand wind pressure
of forty pounds to the square foot,
and be securely fastened and open at
both ends SO as to not obstruct pass
age.
The trial of the case has been in
progress for the last two months. it
was a joint suit brought by the
Cream City Bill Posting company and
the Cusack concern, asking an injunc-
ton restricting the city from enforc-
ing the ordinance and making a test
of the validity of the law.
The plaintiffs claim that nearly all
of their billboards were located on
private property During the trial of
the case a number of firemen and po-
lice officers testified that the bill
boards were a menace to the city
they hampered the firemen in fighting
fires and it was also alleged that
owing TO the fact that they were built
close to the ground refuse gathered in
and around the - biIlboards which
meant an added danger to the health
of the Dutiic ~