Evening journal., 1922-05-23

power In this sense means public
policy or the welfare or the State and
is invoked only for the safety.
health. order and welfare OF the
community This being so 1t is ex-
ercised without compensation to the
property owner
Limitations upon the use OF pro-
vate property may be made by prl-
vate restriction. by dedication TO the
public, hy eminent domain and by
the police power. Under eminent
domain private property taken for
public use must not be paid for.
Under police power whatever Is
yielded from the individual for the
public health. safety and general
welfare is yielded for the public or
community purposes without COM
pensation because whatever is given
by the individual 10 the community
for the general welfare Is received
in the same measure protectively
from the community by the individ-
ual for the said public welfare.
Zoning. therefore. is exercised for
the general well-being. and under
police power. zoning regulations 10
be approved by the court must be
reasonable and not arbitrary and
must be confined TO police power
reasons. Standardization OF values
or esthetics have not yet been ap-
proved by the courts as sufficient
reasons for the exercise OF the pO-
lice power. These two results. how
ever. are brought about indirectly.
Zoning ordinances throughout the
United States based on the police
power have been uniformly upheld
as constitutional by decisions Of the
United States Supreme Court. where
the regulations in such ordinances
are reasonable.
Men Of Wilmington you may or
you may not desire a zoning law. but
desiring such you may not he able 10
convince your neighbors or the citi-
zenship generally or the Council as
TO the advantage OF such law be-
cause the beneficial effect OF such
legislation will not Immediately be
seen. But II you have a vision OF
the future city-the Wilmington fifty
years hence-yOu may hand on 20
your children and to their children
the realization OF your vision In
heritage that will he to your ever
lasting honor and credit. For then
yours will be a city whose building
and growth will be directed by rule
and regulated by order instead OF
disorder. II will be a city OF better
health. greater safety. higher morals,
thus getting nearer the goal OF gen
eral welfare. These will make itthe
city OF beauty and the home OF
happy and contented people.
You have begun well with Rod
ney Square. and the Civic Center and
with Brandywine Greek Park lead
ing out through your beautiful
suburbs. Protect. conserve and
strengthen these for all time. Use
foresight. he farseeing and order
the future"
Mr.. Mackenzie said in part:
"On our former visit to the City
OF Wilmington I described in detail
the methods employed in Philadel-
phia to obtain definite data upon
which to base our Zoning Ordinance.
and showed you how It was done and
what was accomplished. II would
be needless for me TO again take up
in detail such technical description,
so ! will devote a few minutes. more
in the line OF the benefits OF zoning.
mo doubt there are several cases
in wilmington where coming would
be OF advantage to the city. Some OF
these have already been previously
In tho
square surrounding City Hall on the
main street and on the park boun-
daries. OF course. IL would take a
more thorough investigation to de-
lineate the boundaries OF any partic-
ular district. but II is wiser to zone
Wilmington today than to wait ten
years or until property is depreciat-
ed before taking action. The main
object OF zoning is to protect resi-
dental sections OF the city from uses
that do not conform TO the neigh
borhood. Secondly, to protect busi-
ness or commercial districts from
manufacturing. and lastly TO define
ate districts for industries. To do
this, we in Philadelphia divided the
city into three kinds of districts
use. height and area. II may not be
any more advisable for Wilmington
to adopt the exact same method
that II was for Philadelphia TO adopt
New York's method. To my way OF
thinking. a much simpler method
could be mapped out here in VIII
mington. which, think. would work
- HaaHa n q