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THE LAKE STTORE NEWS. FRâ„¢v TANUARY 26, 1923 Welfare of Inhabitants Given as Motive The Wilmette Board of Appeals on Zoning Wednesday, January 17, for- mally denied an application of Bern- ard Meyer to amend the zoning law to permit the establishment of coal yards in the "C" industrial zone. Meyer's application was denied by the board on grounds that "the Vil- lage of Wilmette is now thickly set- tled with homes of a substantial char- acter and there are no more sites available for the operation of a coal yard without jeopardizing the health, safety, comfort and welfare of the inhabitants residing in close prox- imity thereto." Meyer is a builder arid contractor with offices and material yards at Main street and Linden avenue. The decision of the Board of Ap- peals was set forth as follows: "Applicant takes the position that the exclusion of coal yards from Wil- mette under the terms of the Zoning ordinance is not a reasonable or lawful restriction upon the use of property because, as it is said, it tends tjr dis- criminate between a business already itablished-^and ^those that might thereafter become established, and thereby fosters a monopoly. Reliance is placed by applicant on a recent Ill- inois Supreme Court decision. Court Decision Not Applicable "There is, we think, no force in this contention. The Supreme Court In that case had under consideration Paragraph 82 of the Cities ferred by the legislature onr Cities and Villages to control the location of certain industries therein designated; the court there holding the entire paragraph void because it excepted from its operation industries already established. The Zoning Law was not before the Court in that case nor was there any question involved therein relating to the exercise of po- lice power. This decision can there- tore hare no controlling force here. "Zoning in nilinois. proceeds from exercise of police powerTawtauy delegated to the various municipal- ities throughout the State, in the interest of public health, safety, com- fort and welfare of the inhabitants- All pe'rsons hold their propertyvand engage in their business sufrtect-te- the police power of the state and a property owner can therefore acquire no vested right to the use of his prop- erty for a particular purpose freed from public control. Fundamental Principle Involved . "This is a fundamental principle ly- ing at the very foundation of organ- ized society. It is yielded by each member when he enters society for the good of the entire community. "One of the ordinary functions of the exercise of police power is the prevention and abatement of nuis- ances. The operation of a coal yard may or may not be a nuisance, its character in this respect depending upon a variety of circumstances such as location, surroundings, and manner of conducting the business and must therefore be determined as one of fact and not of law. And there is em- inent authority to the effect that it may constitute a nuisance by reason of its locality. It would seem, there- fore, that the reasonableness of this provision depends upon the existing circumstances or contemporaneous conditions, the object sought to be attained, and the necessity or want of necessity for its adoption. "The Village of Wilmette is now thickly settled with homes of a sub- stantial character and there are no more sites available for the operation of a coal yard without jeopardizing the health, safety, comfort and wel- fare of the inhabitants residing in close proximity thereto. "The right of the people to be free from disturbance and reasonable ap- prehension of danger to person and property is to be respected and jeal- ously guarded. It being the duty of every person to so use his property as not to injure others. We are con- strained, therefore, to hold that the exclusion of coal yards from Wilmette excepting those lawfully established Louis S. Becker Appointed Deputy Sheriff by Hoffman ^oula^S."Becker, former Wilmette Village Trustee, recently r**1***â„¢* appointment as deputy sheriff of Cook county. " â-  Mr. Becker, who resides at 105 Fifth street, will have the north shore as his territory in the sheriffs juris- diction. His duties will be confined principally to Bvanston and the inter- vening towns of^fcbe north shore to the county line at Glencoe^ ________ Article 5____ 'and Villages A*J"^*^ grant or power xon imnn«« an unrea- into effect does not impose an unrea sonable restriction on the 4ise of pri- vate property but is, under the exist- ing local conditions, both salutary and just. "It follows from what has been said that the application to amend the Zoning Law most be denied." REED'S PARTNER DIES Hot Springs, Ark.â€"Jacque C. L. Harvey, Kansas City attorney, and law partner of Senator-James^A^Reed 6T Missouri, died here early this morning. Death was caused by pneu- monia. USB }UMS Night and Morning Have Clean, Healthy Eyes, H they Tire, Itch, Smart, Burn or Dis- charge if Sore, Irri- tated, Inflamed or ' Granulated, use Murine often. Refreshes, Soothes. Safe for Infant ox Adult. At all Druggists, Writ* lor Free €ye Book. Maria* By* Remedy Co., 9 Haa* Ohio St.. Chicago ^or all the Sweethearts, Fathers and Mothers, Siste^andBrotners, ; Husbands and Wives and dozens of others> 'â- ':..â- â€" Chevrolet Miss DeYoung, who has had several years of experience in Chicago in designing and making of high class^own^ wraps, etc., is now located at 150 Linden Ave., Glencoe| invite* the patronage of the ladies of this Jocahty. 1181 WILMETTE AVE, Opposite Village Jiall ~fm TheBestFood Obtainable, Varefally and Appetizingly Prepared will be Found in the New Eating Place ofWilmettev â- â- -^:i.f^^ S&3 TABLE D'HOTE z: NOW ON DISPLAY i Your Friends have the Birthdays and we have the Birthday Cards* tStTDINNERi WiHrBe Served Every Day * and Sunday v I Scatter Sunshine with • â€"â€"Greeting Cards. COMPANY Also Short Orders an&Waffles at all Hoars Witaetterra^ *<^'^^,"<'^t'll»<Vb,"1>|V^'*<»^»'*<^V>Ml« L^:MilIli§i fcKS^&ffi^'&fc?'^'Jz&£\<tfs*&'-^-.:l :dV.v" amaaaaaaWMBlaaaaw*^**!* "':;'"~~"TaaaaaJaaaaaaaaaaaa^ taaaaai " i â-  ' â-  â- __...:,:^ k&ii- â-