Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-03-31

ustic and in good taste, and enjoy
them. But I do not enjoy having
these huge, and often ugly. perma-
nent handbills thrust before my eyes
at every turn, and l do not believe
that they improve the appearance
OF the State to any degree, or add
materially to property values, even
including the property on which
they stand.
Now what is the remedy? What,
gentlemen, can we do about it? In
Europe they do some things better
than we do here in America. In the
various countries of Europe they
have drastic laws regulating and re-
stricting outdoor advertising signs.
But they do not have constitutions
as we do here which prevent such
exercise of legislation over private
property. Yet even in this country
there are things that may be abated
as public nuisances under the police
power of the State. Noises and
.odors if big enough and bad enough,
may be so abated. But there are
sight just as poignantly. The courts,
however, have notSyet held that es-
thetics is within the police power.
Therefore, without this proposed
amendment, we as Legislature may
pass laws in regard to billboards on
private property only if they con-
Germ the police power as at present
defined,-that is. the public health,
morals or safety. For instance, bill
boards may affect the public health
by shutting off, in cities, light and
air; or by the space in the rear be-
ing used as a dumping ground. They
may affect the public morals by dis
playing improper advertisements.
And they may affect the public safe
ty by being so poorly constructed as,
especially in the case of roof signs.
to be likely to blow over and injure
someone: Or by being built of in
f'ammable materials and so increas-
ing the fire risk; or by affording a
shelter for criminals and criminal
practices: or by being located near
highway intersections and railroad
crossings. We have a section in our
Revised Statutes which forbids their
being so located in the case last
mentioned.
So. gentlemen, we can now pass
laws restricting billboards only If
they come under one Of these heads,
that is. in cases affecting the pub
lie health, morals or safety. Such
cases. with the exceptions of signs
near highway intersections and railv
road crossings, believe to be very
rare in Maine. At least, I have
heard no complaint about any. What
] wish, however, for the Maine Leg
islature is not merely the power,
which it now has, to pass legislation
against specific cases-rare iii Maine
of hillboards affecting injuriously
the public health. morals or safety.
I wish it to have powers more broad.
7 wish it to have the power which
will allow it to pass legislation which
will regulate and restrict, in proper
cases. the construction of billboards
along our scenic highways, and in
our cities where they lessen ma
teriallv the values of surrounding
property.
If this constitutional amendment
which I propose should be passed
here and adopted by the people, 1t
wo1l(. of course have no Immediate
effect upon billboards. 1t would not
change the status Of one of them.
The amendment would simply give
succeeding Legislatures the power 10
pass such legislation as might seem
proper to them. We do not need 10
fear that under this power they
would do any injustice. We do NOT
need to fear that they would be any
less careful of property rights, IN
proper cases. than are we. However
much. gentlemen, we may be loath
to admit it, other legislatures will
come. other senators will sit in these
-self-same seats, and the business OF
government will so on as usual. But
If this amendment is adopted thev
will have power in this instance
which we do not have. They Will be
able to abolish ugly and unsightiy
structures, which we cannot DO.
R,,t it is objected by. some that
+hera is no demand for this amend
ment mo demand they say glibly,
and throw it INTO their mental waste
basket. 1t is true. Mr. President that
at the hearing before the committee
T happencd to be the only one TO
sneak in behalf Of this resolve. 1t
is true that there were no persons or
interests behind me to induce me to
prepare or introduce it. 1t is true
that the papers of the State have had
neither headlines nor editorials upon
This matter, and therefore the peo-
ple over the State as well are al
most entirely ignorant of its very ex-
istence The members of this body
have not been deluged with form let
tiers innumerable urging its passage.
No genial and expert lobbyists have
enlisted your sympathies in its be-
half. I myself have asked no Sena-
tor to vote for it; in fact, l nave
not even mentioned it, except at the
committee hearing. There has been
absolutely no publicity in this mat
ter. / have sought none, being quite
content to rest the case entirely upon
its own merits. trusting to the good
Judgment of the Legislature. Wheth-
er there is a so-called demand" for
this or not, there certainly is need
and that should be sufficient rea-
son for us to submit the matter to
the peop]e. If the demand does not
~ will he Verv