Horton v. Old Colony Bill Posting Co.
Decision Date | 26 June 1914 |
Docket Number | C. Q. Nos. 452, 453. |
Parties | HORTON, Deputy Chief, v. OLD COLONY BILL POSTING CO. |
Court | Rhode Island Supreme Court |
Case Certified from Superior Court, Providence and Bristol Counties.
Complaints by Constant S. Horton, Deputy Chief, against the Old Colony Bill Posting Company, begun in the police court and appealed to the Superior Court. There defendant moved to quash the complaints and constitutional questions raised were certified. Questions answered.
Elisha C. Mowry, Asst. City Solicitor, and Albert A. Baker, City Solicitor, both of Providence, for complainant. J. Jerome Hahn, of Providence (Gorman, Egan & Gorman, of Providence, of counsel), for defendant.
These complaints are for the violation of an ordinance of the city of Providence regulating outdoor advertising. One charges that the defendant "did unlawfully use, for the display of outdoor advertising, a certain structure, to wit, a billboard, located upon and over the Union street side of the roof of that certain building situated on the northeasterly corner of Fountain and Union streets," etc. (within the first building district of said city) "said structure not being constructed throughout of incombustible material as such term when referred to as a structural material is defined in chapter 472 of the Public Laws," an offense under section 4 of said ordinance. The other complaint charges that the defendant "did unlawfully construct and use for the display of outdoor advertising, a certain structure, all the supports and parts thereof set in and resting upon the ground, not being of brick, stone, terra cotta, concrete or metal, alone or in combination with any other or others of the same, said structure being situated on the southerly side of Huntington avenue, at and near Noyes avenue in said city of Providence, attached to the ground, more than six feet in height, not securely and immediately attached to the outside surface of a building, and nearer the line of said Huntington avenue than a distance equal to the height of said structure," an offense under section 6 of said ordinance. These complaints were duly prosecuted in the police court of the city of Providence between August 20, 1912, and March 26, 1913. On the latter date, the defendant, having without trial admitted evidence sufficient to convict (having previously moved to quash and said motion being denied), was adjudged guilty and sentenced to pay a fine, and appealed to the Superior Court. In the Superior Court, defendant again filed its motion to quash, raising certain constitutional questions; whereupon an order was made, May 3, 1913, certifying said constitutional questions to this court.
The ordinance of the city of Providence referred to in these proceedings is chapter 443 of the Ordinances of the City of Providence, approved July 11, 1910, passed pursuant to authority given by the General Assembly under chapter 542 of the Public Laws of Rhode Island, January Session 1910, approved April 14, 1910. Said chapter 542 of Public Laws of Rhode Island, January Session, 1910, reads as follows:
Said chapter 443 of the City Ordinances reads as follows:
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...large latitude allowed to the states for classification upon any reasonable basis" (citing cases). See, also, Horton v. Old Colony Bill Posting Co., 36 R. I. 507, 90 Atl. 822; Miller v. Wilson, 236 U. S. 373, 35 Sup. Ct. 342, 59 L. Ed. 628, L. R. A. 1915F, 829; Bosley v. McLaughlin, 236 U. ......
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