Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-19
BILLBOARD GROUP
TO FIGHT CONTROL
Subcommittee Orders Favor
able Report on Measure After
McCIintoCk Issues Warning.
Continued From First Page.)

Continued From First Page)
ate. Chairman Hall said ne would SUBJ
| mit the report to the full District Com
mittee on Wednesday in the hope that
| action might be taken then or at the
earliest opportunity to bring 1t before
the House.
Maj. Dawson Appears.
Those appearing before the subcom-
mittee today were Maj. Donald A,
Dawson, Assistant Engineer Commits
sioner of the District; Miss Harlean
James, secretary of the American Civic
| Association, and DR.. George G. Haven
ner, president Of the Federation OF
Citizens Association.
At the conclusion OF the hearing
James w. Mullings, vice president OF
the outdoor Advertising Association OF
| Maryland and Virginia, told Chairman
| Hall he had been instructed to state for
| the record that the sign men are I'M
qualifiedly in favor of the proposals
made by the District Commissioners.
In explaining the purposes of the
bill, Maj. Dawson said the Commits
sionerS were fostering it because 1t con-
sidered it urgent that the new and
proper regulations be promulgated to
the District before the 1882 bicenten-
NAL celebration.
Regulations Held UnenfOrceable.
The present sign regulations, so far
as controlling the erection and display
of signs on the premises, are unenforce-
able because the courts have held thai
no permit is required for such signs
BY giving the Commissioners power tc
make reasonable regulations, Maj
Dawson said, 1t would be impossible tc
order the removal of the scores OF signs
which now appear on many premises.
1t was considered more advisable, hs
told the committee, for Congress tt
pass an enabling act Of this kind
authorizing the Commissioners to make
their own regulations. rather than have
Congress pass measure stating the de-
tails of regulation.
The only serious question that arose
was one involving the constitutionality
of such an enabling act.
Maj. Dawson explained that the bill
is anomalous to existing coming, build
ing, plumbing and police regulations
that had been thoroughly tested in the
courts. The bill comes squarely within
the police power, he said, as it merely
authorizes the extension TO signs OF the
police power.
Scope of Authority.
Under the proposed amendments, the
Commissioners would be empowered tc
regulate all signs within the public
view" DR.. Havenner commended that
public view is an unknown quantity
and, while Mr.. McCintock agreed that
it might depend on the extent of ones
vision, he said he saw no reason why
the committee should not delegate this
authority to the Commissioners and let
them make their own regulations.
DR.. Havenner also was of the opinion
that the bill should stipulate that the
Commissioners were empowered to make
and enforce reasonable regulations" as
they may deem advisable.
Assistant Corporation Counsel Thorn
as F. Cameron opposed this on the
ground it would tie the hands of the
commissioners and suggested it would
be SAFER and saner" to leave the
phraseology of the bill as it stood. Dr.
Havenner, however, commended the pro-
posed amendment does not take away
any authority and was intended merely
to perfect the phraseology Of the bill.
Courts Construction
1t was generally agreed that the
courts, in passing on any case under
judgment on the question of the rea-
sonableness of the regulation as this
practice has been carried out in the
past.
whether you leave it in or out" Mr..
Cameron said, 'the courts will deter
mine whether 1t is a reasonable or I'M
reasonable exercise of police power"
No further objection was raised and
DR.. Hayenner'S amendment was ac-
copied.
DR.. Havenner explained his organi-
cation was thoroughly in accord with
the principles of the bill and the efforts
to eliminate signs in the District. His
only reason for making the various
suggestions, he said, was to perfect the
bill and make sure 1t stood every con-
stitutional test.
Refers to Point Raised.
On behalf of the American Civic As
ISOLATION, Miss James referred to the
constitutional point raised during the
hearing. The recent decision rendered
by the Indiana Supreme Court, which
declared the regulations of the city of
indianapolis to be valid, hinged on the
question of reasonableness, she ex-
planned. She expressed the opinion
also that the Massachusetts, Supreme
Court also would uphold the constitu-
tionality Of billboard regulations now
pending before it.
The Commissioners held two public
hearings on the bill now under consid-
Grafton, Maj. Dawson said, at which
outdoor advertising representatives, as
we'll as public interests, were repre-
sented and expressed themselves In &C.
cord with its provisions.
He explained the bill sets up no new
board, nor does it repeal the existing
real estate section of the law govern
ing erection Of real estate signs.