The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-11-28

decided by the courts In Boston that new
buildings could not exceed l25 feet on
certain streets and eighty feet on others.
In Los Angeles II had been decided by
the courts that brickyard could be
ousted from a residential district without
making payment to the owner.
The numerous coming ordinances of
the last four years. including that Of
New York city, have brought about
many legal decisions. some of them by
the highest courts of the various States.
These decisions have uniformly upheld
the coming ordinances and have stated
over and over again that where the reg
ulation was for the health, safety and
general welfare OF the community II was
not necessary to make payment TO prop
erty owners. Building zone ordinances
throughout the United States. where
passed under grant of authority by
the State and having a relation to the
health, safety, morals and general well
fare of the community. can now be con-
fidently declared to be constitutional
and they viii be protected and enforced
by the courts.
The Massachusetts Legislature pre-
pared Law empowering all cities and
towns to pass coming ordinances and in
accordance with a constitutional re-
quirement requested the opinion of the
Supreme judicial Court of that State
before passing It. In May, 1920, the
court handed down decision in which
they said that they were not able to per
trary to the fundamental law OF the
Commonwealth.
Case I'm East Cleveland.
In April 1920, the Ohio Court of Com
mon Pleas, passing on q case which
arose In East Cleveland. held that II
was constitutional to prevent apartment
houses In districts of private homes,
using the following language:
1T would seem that there could be
no two opinions upon the proposition
that the apartment house. or tenement
In section OF private residences. is a
nuisance to those In Its immediate
vicinity. Under the evidence, and as
a matter of common knowledge, Of
which the court may take judicial
notice GIG Cyc. 5s2), it shuts off the
| light and air from it's neighbors 1t
invades their privacy. it spreads smoke
and SCOT throughout the neighborhood.
| The noise of constant deliveries is al
most continuous. The fire hazard Is
| recognized to be increased &. The
| light, air and ventilation are neces-
sarily limited. from the nature of .its
construction. The danger of the spread
OF infectious disease is undoubtedly in
creased. however little, where num-
Der of families use q common hallway
and common front and rear stairways.
THE erection of one apartment house
in a district of private homes would
seriously affect only those presons llv-
ing In the immediate vicinity thereof,
but the common experience is that the
erection of one apartment drives out
the single residences adjacent thereto
to make way for more apartments. The
result Is that in time. and not very
great time, when one apartment is
erected the whole street is given over
largely to apartment houses"
A Case Nearer Home.
The Court of Appeals of New York
State in July, 1920, handed down a de-
cision in a case arising In New York
city (Lincoln Trust Company VS.. Will
Jams Building Corp, 229 n. Y. 3l3)
unanimously agreeing with Justice Nc
Laughlin of that court, whose opinion in
part was as follows
'1The exercise OF the police power,
within constitutional limitations. de-
ponds largely upon the discretion and
good judgment of the municipal au-
thorities, with which the courts are re-
luctant to interfere. am Of the
opinion that the resolution In question
(the coming ordinance OF New York
city, Is a valid one"