Leadership

CONSTITUTIONALITY OF LAW AUTHORIZING THE STATE FIRE MARSHAL TO CONDEMN AND REMOVE BUILDINGS THAT ARE FIRE HAZARDS

Issue 3 and Volume 59.

CONSTITUTIONALITY OF LAW AUTHORIZING THE STATE FIRE MARSHAL TO CONDEMN AND REMOVE BUILDINGS THAT ARE FIRE HAZARDS The subject assigned to me implies a question which doubtless has caused more or less concern to every State Fire Marshal, who operates under a statute empowering him to order the removal of building especially liable to fire, and to himself remove them in the event of non-compliance on the part of the owner, with his order. Are these statutes under which we have been operating valid enactments, or are they such an invasion of the rights of the citizens as to be repugnant to the guarantee provided in both the Federal and State Consitutions? Personally, I was for a long time in doubt myself, as to their validity and rather avoided the issue in Ohio, like Bunyan’s hero, I saw a lion in the way; but like him again, when I got…

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