The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-27
VARYING TONES

VARYING TONES
For the purpose of further amusing the patrons
| and 10 attract customers to the enterprise, the
mcrry. go round is accompanied by organ
which, although ii is not necessarily operated
lay the revolving of the merry .go.round yet as
matter of fact il is operated Cuntenporancously
Herewith, and the wheel goes round il gives
| ou' tones which heard for a distance oi four
or five city blocks. and which have been de
scrhcd As varying in quality and effect produced
upon the residents of the vicinity from resting
| and cNhlarating harmony to the doletul moaning
| OF tow in distress.
This has been in operation Tor several months,
| during which time the organ has been giving
cut these tones every day in the week, sundays
| sometimes excepted, from 10 or II O'Clock in the
| forenoon until 10, and in one recent case II
O'Clock, at night
The continuous noise made by the organ has
| become such a source of ANNOYANCE and 50 often.
| sivc to the plaintiff and his family, aS well as to
| other persons living in tho vicinity, which ia
| strictly residential portion Of the city. that it
| has seriously iutrrfcrcd with the comfort Of the
| said plaintiff and his family, and other persons,
and deprived them ot rest. and by thus rendering
| the enjoyment Of lie and property impossible,
| has made the ncighburhuOd an undesirable place
| Of residence.
E,dcncc was produced on the part NJ the
| plaintiff to show that the defendants are also
carrying on, or have until quite recently been
| carrying on. various games on tho lot in Qnes.
| ton, such throwing balls at IMAGES of cats,
and pitching rings at canes for money, but the
weight of the evidence seems TO prove that this
| has been discontinued; at any rate il is rot
| specifically complained of in the bill, and Il the
| practice should he resumed it can be prohibited
hy other means
| But thCrC can hc no question that the loud and
continuous noise of this organ, located a. it is
| in a quiet residence portion of TN" city. is a
nuisance 10 those who have their homes in the
| immediate vicinity.
II l. not an enterprise of such importance that
| il should hc maintained at the sacrifice ot the
| comfort and health Of larg, number OF persons
who are compelled to hear II. Il serves ne uSC ful
| purposes except, perhaps 20 attra.t customers
10 the mcrry.goround. which can as veil be un
without it, and tho patrons Of which might.
perhaps, wllngl, torcgo its music
40 FURTHER RESTRAINT
| II is not my design to impose any turther re-
| straInt upon the defendants than Is necessary to
protect the complainant, and, as it 4, not clearly
| shown that the operating ot the m"rrl .gu-round
| Itself is q source If annoyance either in creating
noise or being responsible for loud and holster.
| onS conduct, | am oi opinion that cnioinlng the
| defendants from grinding the organ will relieve
IA" plaintiff oi the disturbance Of which he com.
| plains.
| This much think he is clearly entitled TO.
| Harrison VS.. -. MARK : thurCh, l. Phlla. 2iI.
| And now, Aug. @6 1901, il l. ordered and de.
| creed that upon security being given in the sum
| ol FIVE hundred dollars. an injunction issue re-.
| srainjng the dcfanddnrS. James Crosby. Arthur
| Ogden and Howard Ogden from operating the
| organ connected with their merry go.rouud, or
otherwise using the same, or permitting it to he
| u1od, 50 aS TO cause nuisance or annoyance to the
| complainant at his home.
The required bond was submitted
! yesterday afternoon by city Solicitor
George NJ. Watson and :. b. Price, at
torneys for the plaintiff. 1t was ap-
| proved by Judge Kelly. with Mr..
Hicks, Mr.. Smith and others of the
Complainants as surety.
Judge Carpenters order means that
| the organ must cease opera tons at
once, If the defendants so desire they
! can make answer to the bill i'm equity
and fight the case further The pro-
ceedinSs ON which vest nrday's order
was made We're Of n preliminary ma
turo, being based on a rule to show
cause why an Injunction should not
issue.