MISCELLANEOUS MUNICIPAL PROBLEMS BY CLINTON ROGERS WOODRUFF HONORARY SECRETARY OF THE NATIONAL MUNICIPAL LEAGUE in which proceedings the public has an interest, when the report is a fair and accurate one of the proceedings had, is privileged, even though it contains matter defamatory of another. . . . Reports of such proceedings are privileged in the same manner as are reports of judicial proceedings. It is not necessary in reports of judicial proceedings, and hence of the proceedings of municipal councils, 'that the report should be verbatim; nor is absolute accuracy essential so long as the report is substantially correct. A few slight accidental errors will not destroy the privilege, provided the whole report, as published, produces materially the same effect on the mind of the reader as an absolutely correct report would have done.'" Streets. Washington, D. C., has been held by the District Court of Appeals liable for failure to light its streets. In the case of Berberich vs. District of Columbia (not yet formally reported) Justice Van Orsdel held that "it is settled law in this District that the commissioners being charged with the duty of maintaining the streets in proper condition are chargeable with negligence in allowing the streets to become unsafe. Unsafe conditions may result from improper lighting as well as from defect in the street, and the degree of lighting required will depend upon the existing conditions. In the present case, as clouds and mist settled in wet and damp weather about this viaduct, the District was charged with the duty of meeting this emergency by proper and sufficient lightCarrying on Business.-A city may ing facilities. . . . The jury therefore engage in business incidental to pubwas not required to pass on the num-lic utilities operated by it. In the ber and character of the lights, but case of the City of Mayfield vs. from the evidence whether the light- Phipps (263 Southwestern Reporter ing at the time of the accident was sufficient to make the place reasonably safe." Privilege of Proceedings.-Newspaper reports of the proceedings of municipal bodies have been held to be of a privileged character. In the case of Leininger vs. New Orleans Item Publishing Company (101 Southern Reporter, 411) the Louisiana Supreme Court applied the principle saying: "A report, by a newspaper, of proceedings had at a public meeting of a municipal council, 37) the Kentucky Court of Appeals found the prevailing will throughout the country to be that if a "business is such as to come within the regulatory power of the munici pality, because of its quasi-public nature, it may be authorized by the Legislature in the absence of constitutional inhibitions to itself engage in that particular business for the benefit of the public, and when it does so it is not performing strictly a governmental function, but it is exercising what the opinions hold as BILLBOARDS ones its right to conduct the particular | American cities and towns appear to BILLBOARDS BY CLINTON ROGERS WOODRUFF HONORARY SECRETARY OF THE NATIONAL MUNICIPAL LEAGUE Billboard Interests. The billboard | would tend to endanger traffic. 2. interests of the country have been Structures shall not be erected exgenerally combined in the General cept on property owned or leased for Outdoor Advertising Co., Inc., of New that purpose, and in no instance York. This organization is aware of within the confines of the public the growing public resentment highway." against billboards and has issued a statement entitled "Standards of Recognized Outdoor Advertising," in which are included two items that would be most important if they could prevail. They are: Investigation. The National Association of Real Estate Boards has instructed its Committee on City Planning and Zoning to commence investigation as to how billboards' use should be regulated so as to con"1. Structures should not be lo- serve scenic beauty and at the same cated in purely residential districts, time provide opportunity for legitior in locations where the resentment mate advertising. The investigation of reasonably minded persons would will be made with the purpose of forbe justified; in locations that ob- mulating suggestions as to what legisstruct the view of natural beauty lation may wisely be enacted by spots; on trees, rocks, fences, posts municipalities and by States to exor natural objects; on locations that tract the nuisance element from this form of outdoor advertising. It is the purpose of the Association, through its 545 constituent boards, to urge the enactment of such legislation. In the meantime it is calling on city planning and zoning commis sions to devise methods of proper control, and asking executives of cities and states to study this matter and to act. It is not opposing the use generally of billboard or signboard advertising. But it does hold that the erection of obstructive signs is out of place in a residential section of a city and in any position in the open country where such signs deface a scenic spot or mar the view from a scenic highway or boulevard. "Resolved, That the National Association of Real Estate Boards recommends to the various executives, city and state, and to the various planning and zoning commissions, that immediate study be made of this problem, both with reference to county and state areas, which shall prevent the destroying of the beauty spots of the open country and bring about discontinuance of unsightly conditions in our cities. And be it further "Resolved, That the National Association instruct its Committee on City Planning and Zoning immediately to commence investigation as to the possibilities of just regulation of billboard use, and to recommend legislation to make such regulation Platform. This position of the Association and the action which will be taken by it in regard to this sub-effective." ject are stated in a resolution passed Recent legislation restricting outunanimously at the annual conven- door advertising in three New Engtion held in Detroit, Michigan, June land states points to definite prog23-26, of this year. The resolution ress. In Connecticut, the Pierrepont Bill imposes a license fee of five cents per square foot. is as follows: "We recognize that the natural beauty of our country is a public heritage to be conserved. It is a community possession, and no individual and no corporation has the right to despoil the natural scenic beauty of the land for private profit. "We believe that with the growth of the movement for city planning and zoning as a means to direct the future development of American cities, stabilize their land values and preserve their æsthetic values for community living, we should give serious consideration to the problem of outdoor advertising as one phase of the whole zoning movement. In Maine, the original bill introduced by Mr. Hale, of Portland in 1924, forbade the display of billboards unless licensed by the Secretary of State and authorized by the municipal officers. It imposed a tax of one dollar, plus five cents per square foot. But, the bill actually passed in 1925 merely forbids the erection or maintenance of billboards in highways, or "so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways, or otherwise so situated as to prevent the safe use of the public highway." "We hold that the indiscriminate In Massachusetts, on January 24, use of signboards today retards the 1924, the Massachusetts Department development of desirable districts, of Public Works, after public hearand tends to destroy values in dis- ings, promulgated new rules and tricts already built up, and that such regulations for the control and resignboards have become an offense to striction of advertising devices. In the public generally. We hold fur- consequence, the Poster Advertising ther that the time has come when Association of the United States and we should determine whether or not Canada has filed a bill in equity in the character, location, extent and the Federal Court (at Boston) remaintenance of signboards cannot be questing the Court to issue an inso regulated and controlled as to give junction restraining the Public legitimate opportunity for necessary Works Departments of the state and advertising without the continuance of certain cities, including New Bedof the present harmful conditions. ford, Pittsfield and Easthampton, Therefore, be it from "molesting their business or State, to permit only those to remain or to be newly erected that do not, in his judgment, add to the dangers of the traffic on such highways by diverting the attention of the drivers of vehicles used thereon. property." They state that "it is im- | him, under the police power of the possible for the complainants to continue in business and comply with said rules and regulations." Confusion. The salient incidents of these three incidents as pointed out to the American Civic Association by H. A. Caparn are: (1) The adop- This general proposition has been tion of the taxation principle in Con- discussed with Attorney General necticut, and its being looked on as George W. Woodruff of the State of a means of partial suppression. (2) Pennsylvania; with Dr. Clyde L. The control of billboards by three King, secretary of the commondifferent authorities (Superintendent wealth; with William H. Connell, of State Police in Connecticut, mu- deputy secretary of highways of nicipal courts and trial justices in Pennsylvania; with Everett L. MilMaine, and the Public Works Depart- lard, a Chicago attorney who has ment in Massachusetts). The re- successfully carried a famous billjected Maine Bill gave control to the board case through the United States local authorities, subject to the li- Supreme Court, and with Frank B. cense of the Secretary of State. (3) Williams, counsel for the National The ignoring in the Maine Bill of all Committee of Restriction of Outdoor objections to billboards excepting as Advertising, of New York city. All dangers to traffic. (4) The adoption these authorities agree according to of the so-called "æsthetic" principle J. Horace McFarland who drafted the of regulating billboards in Massa- bill that the principle is sound and chusetts. The story of Massachusetts that the police power of the state is the most stimulating. The consti- can properly be exercised as proposed tutional amendment (Art. 72), in protection of public safety along passed in 1918, reads thus: "Adver- the state's highways. The opinion tising in public ways, in public places has also been expressed that as abutand on private property in public ting property owners benefit greatly view may be regulated and restricted from the building of improved roads by law." by the state and federal authorities, Pennsylvania Proposition. - In and as they are not assessed for any Pennsylvania a bill was introduced part of the cost of such roads, they by Senator Buckman to place under might legally be restrained from the control of the Secretary of High- maintaining or erecting private adways all advertising signs visible vertising signs that tend to interfere from the State highways authorizing with the safety of traffic. FIRE PREVENTION BY CLINTON ROGERS WOODRUFF HONORARY SECRETARY OF THE NATIONAL MUNICIPAL LEAGUE Discussion. The outstanding development in the fire protection movement is the rapid extension of the field service of the National Fire Protection Association; to the support of which the principal industries are responding and through which project Needs. These methods applied in it is hoped to bring about a very defi- some thirty cities during the past nite reduction in the present pre- year have met with signal success so ventable fire waste. The method of far as the response of influential citiattack chosen at the outset, and zens is concerned, and in most of which presumably must be followed these, causes of the daily fires have for a number of years, is to make a been easily disclosed and the neces special study of local conditions in a selected number of cities showing high fire losses over the last five-year period and to stimulate or create local agencies to undertake and achieve the desired improvement. |