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iiijljppimwujji THE LAKE SHORE NEWS, FRIDAY, OCTOBER 14, 1921 SOME FACTS ABOUT ZONING Why the Proposed Zoning Law Lacks Vitality and How a Change in the State Law Would Overcome the Difficulties. „ .« the report submitted by At- " <S? S J. wSJorf to the Doctors of ^ttnitto improvement Associa- the ^dMDub!i«hed throu«h the cour- m J^a^iA. Hoffman. President.) by the State or by municipal corpor- ations, which interfers with private property rights or personal liberty cannot be sustained for purely aes- Zoningisinevitable. It is bound to thetic purposes." eome. I* is so ,0«ical and reasonable (This decision foreshadows how our L_* ;'f must come sooner or later. Put- Supreme Court will view the present state law as well as the proposed lo- cal zoning law. The city of Minneapolis. Minnesota, adopted a zoning law in 1915 under a legislative grant similar to the one under consideration, and the same question was presented to the .Su- preme Court of Minnesota in the case of State v|. Houghton, reported in 134 Minn. Suplreme Court Report, at page 226, where the question was upon the propriety of the exclusion of a store from a restricted residential district under the police power of the state. The court in that case cited the Illi- nois case with approval and held to the same effect. In a subsequent de- cision by the same court, entitled State vs. Minneapolis, reported in 136 Minn. Supreme Court Report, at page 490, under the same zoning law, with respect to the right to exclude apart- ment buildings from residential areas, the same court heM that there is no tenable distinction between ordinary store buildings I'-nd ordinary flat buildings, and the same rule holds good, the court there citing its form- er decision as applicable. It being fairly demonstrated that no distinction can be made between residential and commercial districts as defined in the proposed law. the ques- tion arises how many of the indus- tries as designated in the ordinance are proper, subjects for police regula- tion. A careful check of the last in the light of adjudicated cases dis- closes that only about fifty per cent may be effectually controlled as to location. It will thus be seen that th* oroposed law is about 35 per cent pfficient. Then why all this hulabajoo about the zonincr law, you say? ine answer to that is this it is a steo in th* ri«rht direction. Can the village officials moke the law more effectual f Yes and No. They have no power beyond the provisions of the State Law. But they can do their bit to ef- fect a change in the State Law by bringing pressure to bear on the State Legislature. In 1917, after the courts had driven "a coach and four through the then existing Minnesota Zoning Law. it damned upon the oeo- that it must come sooner £g bad property where it belongs Spins the use of property where it •.most appropriate for the common Lent of the whole community; giv- w the people a means to secure for 'that portion of a city wherein they es- JSlish their homes, fit and harmoni- cs surroundings, promotes content- St, induces further efforts to en- hance the appearance and value of the Som . fostew civic pride, and thus Ends'to produce a better type of citi- zens. . ~ , r the best argument m favor of zon- ing is the "horrible example' fre- quently cited of the man who erected a home and was paying $15.00 a year fire hisurance. A lumber yard located on adjoining property, and his insur- ance increased to $156.00 yearly. He tried to sell his home and found he could only get half of what he paid for it. Losses of this kind are con- stantly growing through lack of con- trol of the use of property in the in- terest of the community. There should be a lawfut way to forestall such wrongs. Zoning a village like Wilmette pre- sents problems for solution that are not ordinarily met with in the plans of the larger cities. Every consideration that enters into the physical makeup of the village should be taken into ac- count. Wilmette is primarily a vil- lage oThomes and detached houses, it he inhabitants largely former Chica- ^oans who, for some reason or other, became dissatisfied with their sur- rundings and environments, and may be said to be those having athletic tastes and tendencies. Stores and apartment buildings in residential sec- tions are things they abhor and are inclined to look upon them with dis- dain- . ... The aesthetic is a factor in lite. Beauty and fitness enhance values in public and private structures. But it is not sufficient that the building is fit and proper, standing alone.i it should also fit in with the surrounding structures to some degree. People -are-beginning to realize this^mo« than before and are calling for city planning, bv which the '"dividual homes max, be segregated from not only industrial and mercantile dis- tricts, but also from the districts de- ^votea"tcThoteli anorapartment build- ings. Does the proposed law respond to the call? In other words, will the proposed zoning law effectually ex- clude, renulate or control the Ration of stores and flat buildings? This point can only be determined fromi a consideration of the fundamental principles. State zoning V^Vj™££* from an exercise of the police^powers of thr: state. Their object is^to regu- late and control the location ofbttiW- irirl designed for specific uses and re- strict the location of certainJrades and industries which, while they are not nuisances per se. haye longJ>een •rrrntrnized aspronei subject* of po- lice regulation. While the pohceW- er of the state is a very extensive one, it is not without limits. A l*w enacted in the exercise of the police power must be a police regulation in fact.. « it will not conduce to anv leeitimate police purpose, or. if it amounts to an arbitrary and unwarranted "?terter; ence. with the right of a citizen tp 'pursue a lawful bjisiness, the courts have a right, and it is their dauty. to de^^re the law unconstitutional. That the right of a Property-owner to erect a stofe building upon his land is within the protection of the consti- tution and cannot be taken away un- der the guise of the police regulation is <;o universally recognized that an extended search has failed to discJose an- Hicision holding otherwise, eitner in fact or~principle. In People vs Citv of Chicago, re- ported in 261 Illinois Supreme Court Pf->orts st page 16, the Supreme CnMrt of Illinois had under consider- ation an ordinance of the City of Cni- caso prohibiting the erection ot a retail store in any block in which all the buildings were used exclusively fo- resident purposes, and said: n act of the legislature which • ._ *•_â- *•* i___~t U\e. lihertv or West. 159, involved the validity of the statute creating restricted residence districts established by the exercise of the power of eminent domain, and apartment houses, among other class- es of buildings, were prohibited there- .n. It was held that the restrictions, as applied to apartment houses, were based upon a "public use", and that the statute providing for condemna- tion was valid. - Write to your state representatives. Tell them you want a zoning law that is 100 per cent efficient. Tell them you want to profit from the exper- ience of others, particularly Minne- sota. NUXATED IRO rich, red AND SAPPING YOUR BODILY AND MEN. TAL VIGOR, LEAVING YOU WEAK, NERVOUS AND IRRITABLE AND MAKING A FAILURE OUT OP YOU? HOW TO TELL If you suspect you may be suffering from iron starvation, do not wait until you go all to pieces and collapse in a state of nervous prostration or until in your weakened condition you contract some serious disease, but consult your family physician ana have him take a specimen of your blood and makea"blood count"' of your red blood' corpuscles or test the iron- power of your blood yourself by adding plenty of spinach, carrots, or other Iron-containing vege- tables to your daily food and take organic iron like Nuxated Iron with them for a while and see how much your condition improves. Thousands of people have surprisingly in- creased their strength, energy and endurance in two weeks' time by this simple experiment. But in making this test, be sure the iron you take Is organic ironâ€"Nuxated Ironâ€"and not metallic or mineral iron which people usually take. Or- ganic Nuxated Iron is like the iron in your blood and like the iron in spinach, lentils and apples, while metallic iron is iron just as it comes from the action of strong acids on small pieces of iron. Nuxntcd Iron represents organic iron in such a highly concentrated form that one dose is estimated to be approximately equivalent (in organic iron content} to eating half a quart of spinach, or one quart of green vegetables. It '.$ like taking extract of beef instead of ettir.; pounds of meat. Beware of substitutes. Look for the word "Nuxated" on every package and for the letters N. I. on every tablet* Your money will be refunded by the manufacturers if ><>u do not obtain perfectly satisfactory results. For sale by all druggists. e-----------------------------------------» Miss Edith Ray Young Teacher of Piano Fall Term Now Open • Telephone Wilmette im Dr. Charles E. Gi Osteopathic Physician WU.20S2 1150 RESIDENCE PHONE PALACE CASH MARKET Telephone Evanston 2720 1559 Sherman Avenue : § Evanston, 111. SPECIAL NO. 1 Strictly Fresh Dress- ed Spring Chickens 34*/ac SPECIAL NO. 2 Hind Quarter Spring Lamb 29V8c lb Peacock Bacon, whole or half .'. ;...;-.*•.. .32V8c lb. Peacock Hams..............^..................27V8c lb. Peacock Rib Bacon, whole or half....... .......2SV2c lb. Very Best Sirloin Steak..................35c and 40c lb. Fancy Cuts of Pot Roast..................... .18c lb. Milter A Hart Bacon, whole or half .......... \\ jjjfeg lb- Strictly Fresh Dressed Boiling Chicken..........26V2c lb. Very Best Round Steak .. ... .30c lb. Pork Shoulders, wholes.....nr*.......... .^,.. ,lo%c lb. Pork Loins, half or whole............. 7. .. 27V«c lb. SPECIAL NO. 3 Short Leg of Spring Lainb 291/jsc lb. SPECIAL NO. 4 Very Best Standing Rib Roast 35c lb. ft pie of Minnesota that the Const.tu- Hon of the United States is. stilj work- compensation therefor. They there iinon set out to remove this obstacle and changed the State Law. authoriz- ing cities and villages to establish re- pe"o?%ey leaf Sate "n the district Sir all the objectionable trades .and ^aMp7'the * "council is em- tion "a 'SPmm by eminent do- P°Tf Ae riBht to cUdUn for "pub- r«? tie district designaud tor sons (none retsm"*0_ra:sers. to view fected) to act #Jfi*£gS%ti the thC ro7Tamag\s suffereTor bene- amount of d»maB" r„„,ctive owners fits to a«rue to £e "spect.v d ^ in the d'stnet affected, occ ^^ the estabhshment o, su y ^ rthe Mino,ec ir^e^stare VII.L.U.K OP WILMETTE v«»Tl. K OF HW*"!*'*- BV lO^IXft w" roMNi^iox lie sho^me depnvertheVtizen of his liberty or prooeriy right cannot be *«^a'"5*[ MSeof^lS*Sr«T w^n^v? o"l under the oolice power unless £5 iSS i*t!7SlClw5! ^?o^5S^E health, comfort, safety or welfare ^ STftake up and confer ffj*&*gg -. Sround the Elevated Terminal . All , l^rson.inteJ^atM^r^rffU^tedto3- AFTER MONTH8 and months. • • • MY WIFE persuaded me. THIS TIME they were great. FOR HERE'S what happened- TO HAVE it done. # • • SO I went around. TO THE photographer. .• * '* AND GOT mug~ed. • * * WHEN THE pictures came. • * • I SHOWED them to a gang. • • ♦ OF AMATEUR art critics. • • • AND PROFESSIONAL crabs. • * • DISGUISED AS friends. • ♦ • WHO FAVOR CD me. • • • WITH SUCH remarks as. » - • * * "DOESN'T HE look natural?" • • • <4HAS IT got a tail?" • • • "A GREAT resemblance." • â-  • • AND THAT last one. •' •â-  «° MADE ME sore. *• • â- *>• 80 WHEN friend wife. • . • • â€" ADDED HER howL THE PHOTOGRAPHER said. • * • "LOOK THI8 way, please." " AND HELD up something. • • • A8 HE pushed the button. • • * AND NO one could help. - • • • BUT LOOK pleasant. • • • â- , FOR WHAT he held 'up. • • • WAS A nice full pack. • • • OF THE cigarettes. THAT SATISFY. • • • 1IGHT up a Chesterfield and J sense the goodness of those fine Turkish and Domestic to- baccos in that wonderful Ches- terfield blend. Taste that flavor! Sniff that aroma! Youll regis- ter "They Satisfy." You cant help it Did yem know about #«W ChmtimrfimUp n r Issgi mflO? he,,, m^nrU such enactment. There » nothing inherently dangerous to tne nJor--safcty-of the public ducting a retail store. It may be that in certain exclusively residential dis- rrWR tfc<» owners of residence proper- ><• vould prefer not to have any rc- iaiUtores in snch blocks, but if surh u- th* case H manifestrv arises soleH from the aesthetic considerations, dis- connected entirely from any relation to public health, morals, comfort or general welfare. Legislation, either t'SsTthlsmeetlSr which wilt h* held "iKmettb ^Sw amission W1 ' EDWARD ZIPF ________ ,< - Chairman EARL. E. ORXKR. Secretary zz^izzziinrHjaAM H. m«Lris JUDSOX F. STOKE^ W. C. SHTRTT^EFF HENRY FOWLER PAYETTE W. REED â€"tâ€" LYMAN M. DRAKE a. L4S-ltc