FOOTNOTES:
[129] See pp. [146] ff. for further discussion of this law.
[130] House Bill No. 81, 12th Session. (The bill was not reached in committee.)
[131] For text of the acts, see Appendix, pp. [221], [223].
For text of the decisions, see Appendix, pp. [219], [226] ff.
[132] State vs. Berdetta, 73 Ind. 185.
[133] Affirmed in 194 N. Y. 19.
[134] Charter of City of Dallas, Sect. 5, Par. 12. Charter of Detroit, Chap. 7, Sect. 44. Charter of Portland, Ore., Art. 4, Sect. 73, Par. 27.
[135] Massachusetts Revised Laws, Chapter 75, Section 91.
[136] 161 Cal. 220.
[137] 163 Cal. 457.
[138] Also see Acts of Minnesota, 1913, Chaps. 98 and 420; Acts of New York, 1913, Chap. 774; Acts of Wisconsin, 1913. Chap. 743.
[139] For further references see Veiller, Lawrence: A Model Housing Law, pp. 62 ff. See also “Protecting Residential Districts,” a paper read by Lawrence Veiller at the Sixth National Conference on City Planning, Toronto, 1914.
[140] For cases see St. Louis vs. Hill, 116 Mo. 527. St. Louis vs. Dorr, 145 Mo. 466.
[141] Bostock vs. Sams, 95 Md. 400.
[142] Questini vs. Bay St. Louis, 64 Miss. 483.
[143] Freund, Ernst: The Police Power, p. 166. Chicago, Callaghan and Co., 1904.
[145] St. Louis Gunning Advertising Co. vs. St. Louis.
[146] For text see Appendix, p. [219].
CHAPTER VI
THE WORK OF ADMINISTRATIVE AGENCIES IN THE EXECUTION OF A CITY PLAN
We have thus far considered how the municipal authorities may execute a plan by enforcing those rights which the legislature has delegated to them as the representatives of the people. Through the ownership of land and by the exercise of the police power the city may absolutely control the working out of many details of a plan. But a city is seriously handicapped in the use of both of these methods of control. The acquisition of land by any method is expensive, and by the condemnation method is both expensive and slow. To enforce a police ordinance requires an injunction after a court hearing, and the usual administrative agency is slow to ask for an injunction and the usual court is slow to grant it. Some details, at least, of a city plan will be executed, in the future as in the past, by the mere guidance of developments undertaken on private initiative without resort to legal compulsion.
A plan for a city’s growth generally approved by the business interests, by public service corporations, and by the public, and administered by a tactful agency which advocates the execution of the proper features of the plan at the right time carries with it the persuasion of good business policy. It becomes the thing to do to fall in line with such a plan.