1 MASSACHUSETTS FEDERATION OF PLANNING BOARDS
tion. Any other interpretation would not nnW a <• the avowed object of the framers of the SmeifieM hi would make it wholly meaningless and futile- for tiu power of the law to restrict public advertising ’on other than esthetic grounds was already established. m While the state constitution thus explicitly sanction* the restriction of unsightly outdoor advertising, it does not sanction its complete prohibition, and restrictive laws cannot go beyond the limits that the supreme court may decide to be reasonable. Moreover, all exercise of the police power by a state is subject to the authority of the constitution of the United States, which forbids taking private property for public use, without just compensation. It follows that before we can know how far we may proceed in bill board restriction under Massachusetts laws, there must be one or more decisions by the United
States Supreme Court.
Judging by its action in former similar cases, such
for instance as are cited in Bulletin No. 11, the prospect of a liberal ruling is hopeful. Court decisions in this country show a disposition to enlarge the limits of the police power progressively wherever such extensions are in the public interest and supported by public opinion. In this connection the Supreme Court has said (239 Q. S. 394, p. 410) “It is to be remembered that we are dealing with one of the most essential powers of government, one that is the least limitable. It may indeed seem harsh in its exercise, usually is on some individual, but the imperative necessity of its existence precludes any limitation upon it when not exercised arbitrarily. There must be progress, and if in its march private interests are m the way, they must yield to the good of the community. The same authority has said in a slightly different connection that regulations of this general character do not constitute an “appropriation of private p merely a lessening of value due to a permissab E imposed upoX its.use” (264 U. S 303) and that nerson suffering in this way must be held to be comp sated by the general benefit to the commum v
he is a member.
IV—Present State Regulations for ®°^5:t],e Gen-Acting under the authority of chapter 93 oral Laws, the division of highw aj s of t
MASSACHUSETTS
FEDERATION OF planning boards — 9 setts department of	|	e or'111 e' c o it trote st r i c -
announced a new set of lules	advertising	devices
lion of bill boards, signs and	“Swie	park or
« JAM «Eu'iX
them in full; but their more important paits aie &i
condensed form as follows:	,	,,	,	disnlaved
Permits—No advertising device shall be displace i
on anv property within public view until the consent of the owner or tenant has been obtained and a peimu therefor granted by the Division.	.
(Note—Although it is not so stated m the tions, we understand that it is the practice of the Division to exempt from this rule, and from all others, those advertising devices specified as exempt from the pio-visions of section 30 in that section of chapter 93, General Laws; namely, such as advertise only the person or business occupying the premises, or the property itself as for sale or to let. But the law does not exempt such advertisements from the regulations authorized by section 29; and local ordinances and by-laws should therefor specify whatever exemption it is desired to grant-such advertisements.)
Applications for permits for locations for outdoor advertising devices shall be made on forms furnished by the Division, which on receipt of an application, will send a copy thereof to the city or town where such device is proposed to be located. Such notices will be addressed to the clerk, the chairman of the Selectmen or other offi-cer designated by the local authorities to receive them it the city or town objects to the location it shall, within tlint} days of the date of the notice, file with the Divis mn is objections, m writing. Thereupon the Division
SbtE	S
manent” and “temporary1'” MidfS? *espectl.vely “per-prescribed by the rules. Stalled «ent°peEts £