Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-12-27
COURT BACKS CURB
ON HIGHWAY SIGNS
Indiana Decision Considered
of Vital Importance in
War on BiIIboardS.

In view of steps now being taken te
provide more stringent regulation o.
the billboard industry in the District
of Columbia, attention was called by the
American Civic Association today tt
the recent decision of the Indiana SUI
preme Court on the indianapolis ordi-
nance restricting billboard as being OF
vital significance.
Recognizing the evolution in law to
the point that the esthetic factor may
now be regarded as OF primary i'm
portance, the Indiana Supreme Court
in its decision upheld the right OF the
city to prohibit the location or mafnte-
nance Of any billboard structure, or the
leasing of any premises for the purpose
within 500 feet of any park, parkway
or boulevard and directing that all such
existing structures within the city be
removed.
This ordinance, passed some years
ago. was attacked by the General Out
door Advertising Co. in the lower
courts and carried before the Supreme
Court of the State. According to the
decision the ordinance is a proper ex-
ercise of police power, but 1t may not
be enforced against then lawfully eX-
isting boards unless and until compen-
sation is provided for them in accord
dQCe WIFI LIE IeIIIlS "a LiIC odLlC ACSIo-
lation that authorizes the prohibition
Called Vital Decision.
It is regarded that this decision Is
Of importance to all interested IN
coming, city planning and general
esthetics of the outdoors. 1t is pointed
out that general welfare" is now ex-
tended to cover public property, con-
venience and prosperity" Further, the
decision was said to make definite
shift in emphasis from the attitude
that esthetic considerations are auxil-
larry to one where they are Tar from
subordinate IN Importance.
By the Indiana decision, it is brought
out, a new emphasis is given to the
argument that billboards are in a class
by themselves and may be dealt with as
such, without too nice regard for the
inclusion Of other businesses in the
regulation. It is, therefore, distinctly
counter to the wishes and doctrine OF
billboard interests.
The decision also is regarded as sig
nificant that the Indiana case holds
that the ordinance is in accord with
the Federal Constitution as well as that
of the State. Judge Clarence r. Mar
tin, who rendered the decision of the
court, said, in part:
Sight Not To Be Offended.
Under q liberalized construction of
the general welfare purposes of State
and Federal constitutions there is a
trend in the modern decisions (Which
we approve) to foster, under the police
power, an eSthetic and cultural side of
municipal development-to prevent a
thing that offends the sense of sight in
the same naner as a thing offends the
sense of hearing and smelling"
The decision further points out that
whether an advertising billboard Is a
Disagreement or a desirable addition to
a community depends upon the charac-
ter Of the surroundings in the community
as well as upon the billboard advertis-
ing itself. But the determination of
such a question and the determination
Of what regulation or what prohibitions
within certain areas there shall be of
.billboards under the police power is
subject to the limitations hereinbefore
stated-for the legislative body of the
city:
pick, restrictions on individual rights
become more common. Restrictions
which years ago would have been deemed
intolerable and in violation Of the prop
erty owners constitutional rights are
now desirable and necessary, and 1on-
ing ordinances fair in their requirements
are usually sustained.
Validity Of ZOning Law.
"A coming law and ordinances enacted
hereunder have been in effect in this
State and In municipalities thereof for
eight or nine years, and their consti-
tutional validity has never been ques-
toned in this court. Under laws and
ordinances of this character many
regulations and limitations of Struc-
tural design and property use have been
upheld which bear no closer relation
to the public safety, health, morals
and general welfare, or public COM
fort, convenience and prosperity (Which
latter terms are also included in the
recent cases. than does the ordinance
concerning billboards in the instant
case"
The District Commissioners at present
are marking time on the billboard sit
uation. It Is doubtful If they will give
any further consideration to the pend
ing regulatory bill until Maj. John G.
GotwalS, Engineer Commissioner, rem
ders final report to the board.
Lieut.. Col. u. s. Grant, Sd, director
of the Office of Public Buildings and
Grounds, it is understood, has not been
consulted about the proposed legislation
since last Spring, when he made GER
tain recommendations. Some of these
were incorporated in the amendments
now being proposed. Col. Grant was in
favor of the bill stipulating that public
hearings be held on any regulations
which would be established under the
law. ut seems to me good way of
getting the reaction of the public" he
said today.
Has Not Seen Draft Bill.
Col. Grant explained, however, he
had not seen the new draft of the bill
and therefore did not feel inclined to
discuss that part of the measure which
would give the Commissioners the right
to keep billboards in a state of repair.
Miss Harlean James, executive Sec
rotary of the American Civic Associa-
ton, was insiStent that without public
hearings the public generally would be
unaware of what changes the Commits
sioners, or perhaps the billboard inter-
estS, would seek from time to time in
the regulations. 1T is a safeguard to
the public which should be contained
in writing in the law" she declared.
CHICAGO BUILDINGS