Response or Comment
There have been many unsuccessful attempts by city authorities of late to abolish or prevent unsightly billboards and advertising. In a recent case A was arrested and fined for violating a city ordinance prohibiting the display of advertising matter on walls and buildings within the city without the consent of the city council. On refusal to pay the fine A was held in the custody of the city marshal, and brought habeas corpus to secure his release. The court held that the affidavit charged no violation of the ordinance unless it were construed as prohibiting the painting of any sign on walls or buildings within the city, and the ordinance, if properly so construed, was invalid as constituting a taking of private property for public use without compensation. Anderson v. Shackelford (Fla. 1917), 76 So. 343.
Stoner, W. Gordon. "Prohibiting Advertising on Walls and Buildings Under the Police Power." Mich. L. Rev. 16 (1917): 34-6.