Varney & Green v. Williams

The plaintiff, a corporation engaged in the business of posting bills, painting advertising signs, and conducting a general advertising business, brought this action to enjoin the municipal authorities of the town of East San Jose from tearing down certain bill-boards maintained by plaintiff in said town. The defendants based their contemplated action upon the provisions of an ordinance passed by the town trustees. Section 1 of this ordinance provides: “That every per son who, within the corporate limits of the town of East San Jose, shall erect or maintain or cause to be erected or maintained, any bill-board, sign board or other structure for the purpose of painting or otherwise delineating or picturing or displaying thereon or thereby any advertisement of any goods, wares or merchandise whatsoever shall be guilty of a misdemeanor and shall be punishable by a fine not exceeding two hundred dollars, or by imprisonment not exceeding two months or by both such fine and imprisonment.” Section 2 makes it the duty of the marshal in the event of the erection or maintenance of a bill-board in violation of section 1, to remove such board, after notice to the offender. By section 3, the…