The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-08
COURT ALLOWS AUTO RACE.
THE APPLICATION FOR AN IN
JUNCTION rs DENIED.
Automobile Men Are Glad. but They Ex.
pected Nothing Else-ROw Over Weigh.
Ing Order Causes Some Dciny--Cou
in Fine Condition-IIotcls Crowded.

The automobile race for the Vanderbilt
cup over the thirty mile track in Nassau
county will take place to-day as originally
scheduled Notwithstanding the fact that
the Peoples Protective Association of that
county made an effort TO enjoin the auto
mobilists from participating In the race.
Supreme Court Justice Wilmot M. Smith
in special term in Brooklyn denied the
application for an injunction yesterday
afternoon Last Thursday evening John
NJ. Bennett, representing the Peoples Pro-
tective Association of Nassau County.
secured an order directing the Su pervisors
of that county and the American Automobile
Association to show cause yesterday after
noon why an injunction should not DO
issued enjoining the proposed race Of auto
mobiles for the Vanderbilt cup. The order
was issued on the affidavit OF Charles T.
Cunningham, who averred that the race.
II allowed, would not only stop traffic on
/ many roads and turnpikes in assau county,
but would be dangerous to life and limb.
William NJ. Wyckofr, counsel for the
Automobile Association, demurred to the
order, and then former Congressman Scud-
der, who appeared for the Supervisors
of Nassau county, explained that the Su-
pervisors had on Aug. 90 given permission
to the Automobile Association to have q
race over the highways of Nassau county
between A. NJ. and p. M. on Oct. 8 and
that public notices had been given. notify
ing all persons to keep of the highways
fowl, cattle and other distractions during
the hours the roads were to be closed.
This Is a speed test said w. n. Goodies
counsel for the petitioners. sThe notices
mean by implication that the people must
keep off the roads during the prohibited
hours, thereby monopolizing the roads
for the Automobiles race that is to crafty
those who desire to see how fast automo-
biles can be made to 60. 1t is not a matter
Of pu bio utility, and no public or economic
advantage is to be gained by this race.
1t Is purely matter OF sport and personal
qualification and racing competition
between those who own or have acquired
automobiles.
"With these speeding machines going
around the triangular course. IL is I'M
necessary for me to say-machines going at
a speed Of fifty miles an hour-that the
residents who pay the taxes must keep
Of the course, which will be impossible
for ten hours for any other than autoists.
These automobiles are not useful vehicles
like trolleys, but are only high toned pleas
ure automobiles. These pleasure loving
people alone. under the provisions Of the
rule Of the Supervisors. have Immunity
to use the highways when other people
having wares to sell are practically barred
from the roads. The Supervisors have given
an exclusive privilege to special class.
a privileged class. These pleasure seek
ing autoists are simply gratifying their
aristocratio taste
Lawyer Wyckof representing the auto
mobile association, said that the organiza-
tion was incorporated under the laws Of the
State and that the Supervisors might times
suspend the police regulations as to speed
and give the right to run over the roads
Of the county under proper regulations.
He denied that it was a class privilege,
and as to the constitutional rights he con-
tended that the Supervisors had proper
right to close the roads. He said that the
Supervisors had. on Aug %, granted the
request of the Automobile association to
use the roads in Nassau county, and since
then preparations had been made for the
race, and all the expense that had been
incurred should not be overlooked. He
thou ght it strange that no attempt had
been made to stop the race until the eve
of the event.
Mr.. Wyckoff argued that the object OF
the race was to determine what advance
had been made in the manufacture and
perfecting of automobiles since the last race,
in 1909. He said that the residents Of Mas.
sau county were not opposed to the race,
as it had brought many visitors to the
county and much money was being spent,
which was great boom to the business OF the
towns. Lawyer Scudder then said that the
Supervisors had not exceeded their powers
He commended that in every community
there could be found "mossbacks who are
standing in the way Of progress.
mo one" he said, has any right to have
cattle and fowl on the public highways.
and If during the race nothing else is done
it will bring forcibly to the attention Of the
residents of the place that cattle and fowl
must be kept of the highways. 1t is not
the rate of speed so much as it is the injury
that an automobile may infict. it IL
question OF what damage is done Mt the rate
he is travelling. The autoist ia linble for
any damage he may infict. whether he 10
exceeding the speed limit or not. Their
liability is 80 understood
Il want it understood that am not at
taCklDR aOtOlStS OF aulOuODles' rdiu
LAWYER Goode. We attack only that part
of the act which gives privileges to the
Automobile Association"
This is a case said Justice Smith.
where / must act ut oncc. The Court
has nothing to do with the wisdom Of the
act. They must go to the Legislature for
that remedy. The Court has no right TO
review the discretion of TIE Supervisors.
They are liable for thci- own acts. deny
the motion to enjoin"
Immediately there was great comino-
ton in the court room as toe autoists and
their friends hurried out to send the news
broadcast.
GARDEN CITY, l.. l., oct. There Ia no
jubilation here tonight over the fact that
the Supreme Court refused to grant the
Injunction asked for to stop the Vanderbilt
cup race There is gladness and rejoicing,
but it Ia Of an undemonstrative sort rcsern.
bling the satisfaction Of persons who never
had n doubt Of victory.
The news Of the action taken by the
court was telcphoned out this evening,
and when H. came there was no anxious