New-York tribune., 1904-10-08
BIG AUTO RACE TO-DAY.
cOnrinuea from h@t page.

anFs but all we're denied BY Justice Smith Ihe
aEet motion was on the ground that, whereas the
action was apparently based on the supposi'lOi
that the petitioner q taxpayer that poii't
was not aIleged IN the papers. and as matter u oI
fact he not taxpayer. The second "as OH
she ground that the petitioner was not fesloeht
on the route OF the race, and the third mat Il
the action Was based the grounds of damages
the petitioner he must show that he had oeen
specifically damaged. The last motion was mace
on the ground that e the petitioner alleged he was
70 Re damaged he must show how the damage was
70 come. that il would be 10 him alone, and that
Inorey would not make it good.
After these preliminary motions had been de-
MED NJ WyckoT argued that the law gave no
exclusive privileges. as the Automobile Club o.
America was only of several clubs in the
State. Special police regulations could be sus-
pended any road. u the Supervisor considered
Il e good thing and It was not exclusive. II the
plaintiff wished 10 attack the constitutionality OF
the law. he should have done il in another way.
The enormous expenditure Of money in prepara-
tlon for the race should not so for nausht on a
doubtful question.
Taking up a point made by III. Good that the
permit granted by the Board OF Supervisors spoke
Of "a highway" and not six highways, Mr.. Wyckoh
argued that the permit should be taken literally
It would have been possible TO have obtained the
use Of six highways by six petitions. The object OF
the Automobile Club was TO find out what advance
7nent had been made IN the construction of ma
chimes in the last year and TO how successfully
new inventions could be used in converting power
irto motion Therefore. the test was a practical
one and was OF interest to thousands. IN addition
10 the owners and builders Of machines.
The permit had heen granted by the supervisors
six weeks ago, and yet legal attempt 20 stop the
affair had been made until the day before the race
The permit had been discussed at meeting N me
courthouse at MineOla week ago. ana oul OF tIe I
big crowd there was only one voice raised against II
Mr.. Scudder. arguing for the supervise :. .s sa.u
Z was not their duty 10 pass on the consLiitu-
fionalty Of the law under which they acted Ine|
tious for highways at their discretion The ques-
quioble on the rart OF Mr. Goou but some moss
hack" was always ready TO stand in the way OF
the whesls II progress. Automobiles had come 20
stay. and the people Of Nassau County wanted 10
the best machines, as well as the 6est roaGs .,
II had been understood. M Scudder said. that ne
proceedings had been intended 20 be brought on ne
ground that the race was \ public NUISANCE, oot II
had not been shown that II was. or would De. aty
nuisance. II showed lack Of public spirit on ne
part OF the plaintif 10 oppose the race Tnen ne ne
knew that about SO cent OF the residents or
Nassau County favored the speed contest ne oe-
clared.
Alter Mr. Good and Mt. wyckof had spoken
again briefly. Justice Smith remarked; I sup
nose ! must decide this matter at once
Mr. Wvckoff replied that Il was necessary. as me
race was 10 take place to-day. and thousands were
awaiting the decision Justice Smith then denied
the Injunction.