Great Falls daily tribune., 1920-05-22
BANNER ORDINANCE IS VOID
IS JUDGE EW|NC'S DECISION
Holds CITY Statute Unconstitutional; Declares It
an Unreasonable Use Of Police Power Vested IN
Aldermen by State Law; Lee Nelson Discharged

ness, according to the courts findings.
This view of the measure appears
repeatedly throughout Judge Ewing s
decree. Rigid enforcement would cause
the prosecution of nearly every business
man in the city. Signs on delivery trucks
and within street cars would constitute
a violation. A ,nan with banner car
ried under his coat or truck driver
delivering a boxed sign would be liable.
The Courts Decree.
Judge Ewing's decree reads i'll part:
.s1Iere is no doubt that under the
police power delegated to the city by the
legislature, the city council may pass
and enforce ordinances on many subjects
affecting the people of the city. but the
reasonableness Of the ordinance is al
WAYS q question for the courts. The
defendant contends that 1t ls an un'
reasonable exercise Of the police power
of the city council to declare 1t unlaw'
fu, for a person to carry q sign upon
the streets Of Great Falls without first
obtaining a permit from the city council
The ordinance contains nothing about
displaying a sign or banner upon the
streets or public places OF the city, sc
the offense cannot possibly be i'll dis
PLAYING a sign. but it is declared unlaw-
full to carry 1t.
A person could have a sign con-
structed or banner painted in the street
in front of any building in the city ano
there display it indefinitely, provided II
remained stationary, and not violate the
ordinance. But signs or banners en-
closed in a box or carted or hauled II
a dray from the depot to business
house in this city is violation OF the
ordinance.
Liable to Arrest.
"a person may carry a banner folded
under his arm and wrapped in paper
entirely concealed, nevertheless, unde'
the streets of the city he is liable to ar
rest and subject to a fine and maybe
Imprisonment.
The street car company violates thls
ordinance every day and night by car
rying upon the streets OF Great Fans
advertising signs on the inside of itf
cars. Any business man in the cit,
owning and using a delivery wagon OF
automobile upon which there are signs
in reference to his business is violating
this ordinance every day his wagon oil
automobile uses the streets OF Great
Falls.
IF this ordinance were to be enforced
literally, there would be few, if any
business men in the city escape prose
cution and conviction under section one
of said ordinance.
Declares II Void.
THE court, therefore, declares 0rdi
nance No. sos of the city of Great Falls
unconstitutional, oppressive and void
and for that reason finds the defend
ant, Lee Nelson, not guilty, and orders
his bond exonerated."
Nelson was twice arrested under thu
banner ordinance. The first time wal
shortly after it's passage. when he wa
detained at the city station. over. nigh
following his refusal to furnish bal
pending appeal. Because of this arres
he has filed suit in district court de
manding $4,000 damages from Chic
of Police Marcus Anderson.
Judge Ewing's decision releases from
liability under the ordinance the 36l
men who were arrested May ! for carry
ing banners in a parade. The marcher,
were all taken to the station and booked
but released On their own recognizanct
pending the outcome Of Nelson's appeal