New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-05-06

'bov.rr that $50 long as the regula-
for m question is not shown TO be
.-re.t enable and arbitrary. and Oper-
s-es u-.formly upon an persons sim
1s-lr situated I'm the particular dis
.re. tho district itself not appearing
70 have been selected. il cannot be
'vdicisllv declared that there is a dep
rvaton Of property without due proc
e,s Of law. or a denial of the equal
protection OF the laws within the
meaning Of the Fourteenth Amend
nent'
The brief further says in part as
follows.
aThere is no doubt in our minds that
ne dcvelonwent Of real estate, as well
- human progress. demands some such
reeulation and restriction on the use
O. real estate IN the City Of New YORK
a, set forth in Article " Of the Build
10 Zone Resolution Many matters
rive undergone a change. Ten years
Or 80 ago our Court OF Appeals heId
Hat a statute fixing the number OF
vofking hours for women was Nolo'
whereas recently the same court has
upheld such q statute. In other words
hC police power ls one OF the least
hmitab.c Of the powers Of govern
nent 10 marches with human prog
fss. Il ID were otherwise the CITY
Of New York, especially the Borough
q Manhattan. would very soon be
destitute Of residential sections. II is
DE police power that keeps garages out
o. residential blocks. II rs the police
power that prevents saloons from
opening uD next % churches. schools,
&c. In a city Of five or SIX millions OF
Inhabitants dreadful conditions would
result n under The police power un-
scrupulous persons were not restrained
both in their persons and IN the use OF
Asir property.
The maxim sic utere tue, ut
Litnum non ladas must be enforced.
Individuals forget that maxim, or II not
forgetting i they, through motives OF
plhshnefs and indifference 10 their
heighbors' nights, exploit themselves
AID their property for gain and with
OF any consideration whatever OF the
stect their actions may have on
s,herg
The benefits 20 be gained by the
g'y Of New York from the operation
he Building Zone Resolution IN re
Tset 70 the regulation and use OF
property are many. Let us recall what
ne court is very familiar with or whst
ne court will take judicial notice or
asnely. the transformation OF certain
sections Of the City Of New York dur
ag the past ffteen years.
A Blghted Section
Without any regulations or rostric-
sons on the use OF property We find
"a av. from 18th 20 23d 81. q blighted
Aoroughfare. This is due 20 the char
Ster Of the buildings and business IN
1t cross streets adjacent 70 9TH av.
90 IN 9th av. itself south OF Z5d 81
~ some years speculation was rife,
nc without regard % ones ncighbors
ne effect upon the locality gen
.elly, buildings were erected for man
Ssesurng purposes and drove other /
Aeod.
rms brought temporary prosper
y % some real estate interests and /
hhsron Of values 70 a standard /
a. mas been impossible for the Gty |
MAINTAIN for some years past, with |
result that the taxable values have l
epessed 70 an alarming extent. and !
many properties which were i'm !
eo On the wave Of the boom are |
INC 70 be in the possession and own
mp OF mortgages.
seems impossible 20 consider an I
ehee OF this kind and retain 4
~ as 70 the necessity for some |
.sIaton and restriction on the use /
property By the City OF New York.
esfnlnly is for the welfare Of the
,ps Of the City Of New York TO
ss,i. values maintained on stable /
II means better city, health