The Providence news. (Providence [R.I.]) 1891-1906, 1901-08-28

that there would be no violation OF the
law I'm regard to speed allowed.
Speaking or the matter OF ingress and
egress and the interference with these
rights Mr.. Brown called attention TO the
decision OF the New York courts In re-
gard TO the enjoining OF the erection OF
an elevated railroad system. The courts
OF New York we're still engaged in set
Ting the damages up TO this time but
they had refused an injunction. 1t seemed
as II the question OF injunction was to be
founded on distractions, and that there
was constant call for such injunction, but
the race of automobiles was one against
time and the automobiles were TO be
started at intervals.
Mr. Brown, in conclusion, said that un-
less IL was shown that the running of
race on the Ocean drive for two hours
was public nuisance the injunction must
be denied. The fears in which court
of equity is justified In acting are reason
able fears, and again the court of equity
would not act as police court.
MR.. GREEN'S REPLY.
Arnold Green replied for the complain
ants and said there were two municipal
corporations that Il would be well IL they
did not occupy so much OF the Supreme
courts time These municipalities were
Pawtucket and Newport.
side he said amused him, for they claimed
they were going TO violate the law OF the
state and then told the court they could
not be interfered with. A race meant going
faster than the ordinary course OF travel
and the counsel on the other side under
stood such to be the fact, for IL must
be n pretty swift movement that would
pass for a race with Gen. Wilson.
Mr.. Green thought the contempt shown
10 the conspiracy charges was not called
for. There was a conspiracy. he said. and
I'm support OF the statement read. the pc
tion of the National Automobile asso-
cation 10 the Newport city council I'm
which IL was stated that the parties were
to race. The affidavits Mr. Green urged,
showed that the laws OF the state were to
be violated ana there could be no doubt
that a public nuisance was shown and
that there were special damages TO the
complainants no one could deny.
III these races could be held on next Fri
| day WHY not the next Friday and then on
| the following Monday and thus the pub
| lie highways of Newport be given over
| as racetracks 10 public racing.
Mr.: Green made n facetious compari-
| son between the proposed auto races as
| he said 20 be held I'm violation OF the
! law 10 the racing OF Gen. Wilson OF his
horse, and one that he mfr Green) IN
his poverty might hire on the highways
| OF this city. Mr.. Green said n he ran
| his horse faster than the law OF the state
\ allowed he would be arrested As Cen
I Wilson was n United States officer IL is
| not probable he would be arrested.
JUDGE wILBUR's DECISION.
Judge Wilbur said that the parties who
| were 10 hold tho races had applied 10 the
| city council OF Newport for the right &c
| conduct the same and had obtained per-
| mission 20 race. but the statute law made
! the travelling over a public highway al
| a greater speed ethan ten miles Illegal
| Had it been the intention OF the parties
| to use the highways only as they are Gus
! tomarily used there would have been nc
| necessity 90 apply 10 the city council.
| He thought IL, therefore, best to leave
| the matter as it was until the full couL,
| might pass on the subject when II wen
! 10 Newport next month. The restraining
| order was granted on n statement oi
! certain facts and no reasons had heer
| advanced why the order should not a<n
| tinue IN force.
MIR. Green asked if nc might enter ar
order in accordance with the decision an
nounced and was informed that he nigh
so do.