Evening star., 1925-04-29
zON|NG CASE
UNDER AMUSEMENT
Court Hears Final Arguments
in Legal Battle Against
Local Law.

Hearings were concluded today be-
fore Justice Bailey in the District Su-
preme Court in the case in which Mrs.
Annie Sherman, owner of 1656-5S-60
Columbia road, is challenging the
right Of the Zoning Commission to ex-
clude all classes of business from
residential street.
Counsel for Mrs. Sherman will file
A brief in support of Their contention
that the present zoning regulations
are unconstitutional. Assistant Cor
poration Counsel James c. Wilkes was
granted until Tuesday to file a brief
TO substantiate the Zoning Commits
sion's position that the regulations are
constitutional.
In making the closing argument to-
day for Mrs. Sherman, Attorney }.
Y. Morgan declared there are many
provisions of the Zoning law with
which he agrees, such as regulation
OF the height and area Of buildings,
but he said he believed the commits
sion has gone too far in excluding
all business from residential streets.
CORPORATION Counsel Stephens and
Mr.. Wilkes contend that the zoning
regulations are a proper exercise OF
the police power for the protection OF
the health and safety of the public.
Want Some Stores Exempt.
Counsel for Mrs. Sherman take the
stand that while there may be par
ticular classes of business that would
be a menace to a residential section,
the Zoning Commission cannot say
that all stores fall in the class that
would make their exclusion from resi-
Dental areas justifiable.
Mr.. Wilkes argued yesterday that
great majority of the people regard
zoning as a good law. Mr.. Morgan
sought to show in his closing argu-
ment that the public generally is in
clined to favor laws that are deslr-
able but which. he said, infringe on
constitutional rights.
Il love the District of Columbia,
and l hearken to the cali of the city
beautiful. but I am not going to let II
blind me-" said Attorney Morgan.
The specific plea of Mrs. Sherman
is for a writ of mandamus to compel
the building inspector to allow her TO
remodel her property to make 1t avail
able for business. The section of Co
lumbia road in question has been
zoned residential by the commission.
Following today's hearing the court
took the case under advisement.
Declares Law Reasonable.
on behalf of the commission yesterday
afternoon Edward NJ. Bassett. legal
expert from New York, stressed the
point that a zoning law is a proper
exercise of the police power if it is
reasonable and non-confiscatory.
I'VE have tried" said Mr.. Bassett.
Ito keep Zoning reasonable and not
to try to cure all the ills of city in
the name of zoning."
The New York lawyer referred to
some communities which, he said. did
not approach the subject of zoning in
the proper way, with the result that
their zoning ordinances were not sus-
tanned.
Mr.. Bassett declared New York
would no more do without its zoning
law today than it would try to do
without its school system or police
and fire protection.
Counsel for Mrs. Sherman had
previously stressed the point that
while some particular store or class of
stores might be a nuisance in a resi-
Dental neighborhood, and, therefore,
subject to exclusion under the police
power, it was unrea sonable to bar all
stores from a residential area with
out regard to the nature of the busi-
ness.
Attorney 10 V. Morgan, in begin
ming his argument for Mrs. Sherman
yesterday, mentioned Photographic
studios, book stores and beauty par
lors as examples of business that could
not be regarded as detrimental to
health, morals or safety, and, there
fore, not subject to exclusion under
the police power.
Exceptions Impossible.
Answering this point, Mr.. Bassett
said it was not practicable or reason
able to attempt to set up zoning areas
based on the nature of the stores to
be conducted
Mr.. Bassett also asserted that Zon-
ing is not based on esthetic con-
siderations, nor is it invoked for the
purpose of beautifying a city. The
operation of a coming law, he added
may incidentally bring about an or
derly development, but he insisted the
real purpose of such laws is to safe
guard the health and general welfare
He said that advocates of a reason
able invocation of the police power
to zone cities would be sorry to see
Zoning overthrown in the National
Capital.
Mr.. Bassett said that store exclu-
sion has been upheld in Ohio, Iowa,
Kansas, New York, Louisiana, Ten
nessee. Massachusetts, Wisconsin and
California. He frankly admitted that
coming had suffered defeat in New
Jersey and in Maryland. In the Mary
land case Mr.. Bassett expressed the
belief that the adverse decision was
due to the failure of the City of Bal
timore to obtain an enabling act.