The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1886-03-26
LEGAL NOISE.
what the Law Allows and what It Con-
siders . Nuisance.

LEGAL NOISE.
what the Law Allows and what It Con-
siders . Nuisance.
Every good citizen is interested in
knowing how much noise the law will
compel him to endure at the hands Of
his neighbors without redress. and
many citizens who are not good will
doubtless like to ascertain how much
noise they can inflict upon their neigh.
bors without fear of punishment. Sew.
eral decisions bearing upon these
points have lately been made by the
courts. One broad principle well
established in the law of noise, both in
this country and England. curiously
illustrates the serious bent of our
Anglo-Saxon nature, and that is the
sharp distinction drawn between
money-making noises and those which
are made in the pursuit of pleasure.
The law Is tender to steam engine or
a boiler maker, and will allow them to
disturb whole neighbOrhoOd with i'm
punity, but it is severe upon brass
band or a game of skittles. The good
citizens must be very wary about play
ing bowls or skittles in populous
places, The Italians order this matter
differently. and restrain blacksmiths,
boiler makers. ETC., within somewhat
close limits as to time and place,
whereas they allow musical merry
makers to make night hideous or beau
tiful. as the case may be, without any
restraint whatever.
The dog, in English and American
Jurisprudence. stands upon the border
line, because he may be considered in
either aspect-as kept for use, when a
watch dog, or for pleasure. when re-
garded merely as companion or an
ornament. Here, however, we run
against another principle of the COM
mon law, according to which dogs are
privileged persons. For instance, it is
unlawful for farmer to shoot an
others dog who has eaton his sheep,
provided it be the animals first Of
Tense of that kind; for the dog who is
young in the sin of sheep-killing may
repent and lead a respectable life
thereafter: but if he has already been
convicted of the crime, then it is law
full to shoot him. In other words, as
Lord Mansfield once said: "The law
allows every dog in England one bite
at a sheep"
1t has, however, been held that "the
noise produced by a dog barking in the
night is nuisance, and that man
may shoot the dog and abate the nui-
sance when on his own premises; that
is, we presume, when on his own. the
shooters, premises. for it has never
been lawful for man to stand
on his own premises and shoot
dog in his neighbours yard.
A great Judge, Lord Ken
yon. held that a dog barking at night
is not nuisance, but it is doubtful if
this would be considered d good law at
the present day. According to the
definition given by one writer. a noise
is nuisance when it is unusual, i'll
timed or deafening." This is plainly
incorrect. for the noise of nightin-
gale in the streets of Boston would be
unusual" but hardly a nuisance.
Some very ..ill-timed' noises are also,
in the eye of the law. not nuisances.
Thus it has been held in the case of
Pool against Higginson and DAILY that
it is not nuisance for the parent of
an infant suffering from collie to trun-
die baby-carriage all night in a
boarding-house over the head of a
nervous bachelor editor. This noise
NAV not have been unusual and per-
haps was not deafening. but it would
be an abuse of language to say that it
was not "ill-timed. Probably what
saved the parent in this case was the
fact that the noise was useful. for the
evidence tended to show that the baby
was relieved by the trundling. On the
other hand. useless noises, ''such as a
concert we quote from 4 decision OF
the Supreme Court of Massachusetts
although they disturb but single per-
son, may constitute nuisance" II
has very properly been held that q
..show having brass bands. when con-
tinued two weeks is a nuisance. Ii
is not likely that many people will
quarrel with this decision.
A kindred subject is that of nuisance
by vibration. If man attempts to
operate steam hammer next door to
a dwelling-house the law will restrain
him. One authority states the rule as
follows: THE vibration must pro.
duce such condition of things as, in
the Judgment of reasonable men, is
naturally productive of actual phys
zeal discomfort to persons of ordinary
sensibilities and of ordinary tastes and
habits" The words in italics seem to
imply that some persons like more
vibration than others. and are in the
habit of vibrating themselves.
Residents in the Back Bay who are
accustomed to pile-drivers in theil
close vicinity may be said to have ac
quired the habit of vibrating. but W,
doubt if they have any taste for it
However this may be. the sum of the
matter is that in the interest of trade
or manufactures you may yibrate OF
deafen your neighbor with few restric
tons, but that for purposes of pleasure
Your faculty of noise-making must Sc
verely be repressed.-Boston Adcer
tiser.