Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-06-23
JOSEPH c. WAGNER
On the Growth Of Zonine Sentiment


THE sentiment Of the general public is
L now more in favor of Zoning than at
any time since the project was first ad-
vanced. says Joseph c. Wagner Assistant
Director "f Public Works and one of the
citr's greatest experts IN the theory and
practice of coming.
''One of the strongest indications that
neigh5orhood interest in Zoning is being
crcated,' said Mr.. Wagner. ''is the fact
that constantly increasing number of
cases are being brought before the courts.
where the invasion of residential sections
by what might be termed hostile users is
the principle involved. This is especially
the case where the, use of mills, factories
and especially public commercial garages
is proposed.
Cases From Many Points
"rherc have been Il number of these cases
from various parts of the city. One was
from near Ridge avenue and Huntington
street and opposite Paramount Park, where
the owner tried 10 erect n public garage
facing tn" Park and IN generally. resi-
dental section The Court decided that
such II NuSin"Ss building should not be
erected there, as it would be Incompatible
with the proper use OF a property, facing the
PARK as it does and where there is constantly
passing great many pedestrians. especially
young children. The words of the Court
in this decision were that this garage would
be distinctly OBJ irctionable to the welfare.
SuIeIS ana peace OF tne
After an injunction had been issued the
owner changed his mind and put up sew
eral very pres"nlnble dwellings, thus making
far better use Of the land.
another case. and one which ultimately
went to the supreme Court of the State fOr
decision. was III" erection of Il saw mill and
planning mill near Eleventh and WcstmOre-
land streets. The ncghbOrs made siren
uous objections; and the Supreme Court. in
upholdlng the decision of the lower courts,
decided that tn" noise. dirt and other OBJ
icctionable features should not be permitted
in that ncghhorh"od and ordered an in
junction to issue The mill, therefore, is out
of business.
"Othcr cases which would be settled by
n coming ordinance, if we had one, but in
the absence Of which have to be taken to the
courts, are the erection of II garage near
Thirty eighth and Spring Garden streets
and similar cases in Frankf0rd and Ger
mantown. These three suits are not yet de-
cded but the number of cases taken to court
tends to show in what direction the wind is
blowing in the coming matter.
Zoning Principle Recognized
"In the case of the mill. which was taken
to the Supreme Court, that body ruled that
in certain sections Of the city, given over
largely to residences. the operation of saw
and planning mill. built on land formerly Oc-
cupied by dwellings. was n nuisance, owing
to the noise and dirt emanatng from such II
plant.
but the great point is that in all these
zoning principle and the necessity of pro-
tccting the owners of homes. This, however
is zoning by court action, and it cannot be so
effective as full coming by law would be.
This Is because coming by law throws the
mantle of protection over the entire city,
whereas court action neccssitates long
tedious and expensive litigation and is eff
fcctivc only in the specific cases in which