Evening star., 1934-04-22
JUDGES ATTITUDE
ON SIGNS ASSA|LED
Officials Call Attempts to
Enforce Regulations A.
most Useless.

Protesting against the unreasonable
attitude" of Police Court judges with
respect to enforcement of local sign
regulations, District officials COM
planned yesterday it is almost USE
less for their inspectors to report vio-
lations in efforts to clean up unsightly
outdoor advertising conditions in
Washington.
Maj. John c. Gotwals, Engineer
Commissioner. and Capt Hugh P.
Dram, chairman of the Commission
ers' Special Sign Committee, were
both critical of the Police Court
They pointed out that it is not only
impossible to get the judges to pass
on pending and important cases. but
that previous rulings have practically
"hamStrung" the sign regulations.
Action Called Useless
Capt Dram pointed to a report of
alleged violations of the sign law
lying on his desk. He said there was
no use doing anything about them, as
they all involve principles of the sign
regulations. which have been waiting
in Police Court for months for de-
cisions. Others, he said involve
violations which have been thrown
out of court in other cases.
1t is this situation in Police Court
which has brought about a determi-
nation of the Commissioners to get
a test case before the Court of Ap-
peals so as to obtain a definite de-
cision on the constitutionality and va
lidity of the advertising regulations
They are confident the higher court
will uphold the law.
Maj Gotwals, who said his hands
have been tied by previous Police
Court rulings in trying to enforce
the code, complained that the judges
take the position the alleged violations
of the sign laws do not come within
the police powers or the welfare sec
tion of the act.
officials believe the Court of Ap-
gressive attitude being taken by courts
in other sections, which have applied
liberal interpretations to the police
powers and welfare sections of anti
billboard legislation.
Have Legal Precedent.
The District officials have a well
established legal precedent in their
own desire to secure absolute control
over billboards and signs overlooking
public space The courts in Indianapo-
lis, Ind. rendered a far reaching de-
cision, followed by many other courts,
and upheld the welfare" clause in a
case involving the General Outdoor
Advertising Co. This is the same ma
tional concern which monopolizes the
billboard industry in Washington.
The indianapolis decision held that
the law applying to billboards near
public parks and boulevards may have
a relation to public welfare which 1t
would otherwise not possess, but that
such a statute requires payment OF
compensation in order to compel re-
moval of a sign existing before the
statute became effective. Under the
decision the municipality was given
authority to prevent signs from being
erected within 500 feet of a public
park or boulevard.
Cites ''FIagrant Violations"
Capt. Dram explained there are a
number of what he regards as fragrant
violations of the local sign regulations
against which the police are powerless
to act because of unreasonable" rul-
ings by Police Court judges. One
particular case hanging fire in Police
Court for at least six months. he said.
involves residence on the 400 block
of Eye street which was made over
into a business establishment, although
! it was in a residential area
Several of the larger buildings in
! the city, including the Hamilton and
Raleigh Hotels and the Fidelity Stor-
age Co., have their advertising signs
on pent houses, which can be re-
painted at will under recent Police
Court ruling. The court held that any
roof sign structurally safe and erected
before the regulations became effective
can be repainted without a permit.
District officials declared they are
getting splendid support from the
higher courts in enforcing the coming
regulations but that the Police Court
has proved serious stumbling block
to the sign law. They believe this
condition will continue indefinitely
unless they carry their fight for a
real test case before the Court of