The Richmond palladium and sun-telegram., 1911-06-23
His Honor Ouashes the Affi-
davit Declaring Prof. Bor-
ris of Earlham Had DIS
turbed the Peace
CIVILIZATION AND
CULTURE A WINNER
Over Police Despotism, Says
Boris, and He Will Not
Attempt to Have Officer
Hebble Broken"


ing. and thereupon he quashed the af-
fdavit charging Prof. Aurele Boris,
head of the vocal music department of
Earlham college, with maintaining a
public nuisance. Prof. Boris smiled
broadly, said words to the effect that
civilization and culture were vindi-
Gated, accepted the congratulations Of
several notable musicians of the city
who were present, and bid all fond
good bye, saying he was soon to de-
part on his vacation.
And so it was that in Richmond,
Shakespeare's immortal saying that
music hath charms etc." was estab-
lished as law, even though it did in
terefere with the day time sleep of a
night policeman and cause him to
grow SO wrathy as to place the music
teacher under arrest. And so it was
that the cruel allegations of merci-
less prosecuting attorney that Prof.
Boris permitted noisome and offens-
i've screenings of the human voice to
emanate from his studio were held as
groundless by Richmond's mayor and
led him to wax so eloquent that he
said even little child, such as his
young son, can make noise which
has some sweet strains of music in
it,"
Prof. Boris was asked if he was 60
ing to carry out the threat made yes
terday that Patrolman Hebble. who
preferred the charge, would have to
be removed from the force, or he
lBorris) would resign his position at
Earlham. He replied that the affair
was now over and that he was going
to let it drop.
Immediately upon the reading of
the affidavit charging the Earlham
professor with maintaining a public
nuisance in the rooms of the Starr
Piano company, Prof. Boris attor-
neys moved to quash the affidavit on
the grounds that the allegations did
not constitute a case under the law.
After short argument by the attor-
neys Mayor Zimmerman ruled favor
ably on the motion, declaring the af-
fidavit mo good at all" Patrolman
Hebble arrested Prof. Boris yester-
day after he had been kept awake for
some time by the singing in Prof
Boris studio.
Anyway Richmond has the distinc-
tion-or rather, some think. the dis
grace-of being the first city, since
the creation, in which such a charge
has been made. For the first time in
the world" declared John F. Rob-
bins, counsel for Boris, this town,
which l think has too often assailed
laudable enterprises, has arrested a
professor for teaching music. In the
whole history of litigation, in this
country and in Europe, you cannot
find case where music teacher was
arraigned on a charge such as this. -
Attorney Robbins paid high trib-
ute to Prof. Boris as teacher of
music and said that he thought Rich
mond was very fortunate in securing
his services. He said his business
was both laudable and lawful Attor.
ney Robbins declared noises arising
from any lawful enterprises, such as
factories and industrial plants, do not
make the enterprises public nuisances
in the eyes of the law. Music is not
an offensive noise, he said. and even
| if it were the business of teaching
music is lawful and hence there are
no grounds for prosecution.
You can't have the professor go out
into the woods to teach music and he
can't instruct his pupils by drawing or
by pantomime. The manner in which
he is teaching music is the only way
| it can be done"
Prosecuting Attorney Ladd declared
in his argument that the singing OF
beginners is not music at all, but a
Beginners haven't any voices" he
said, and the result is a conglomera
ton of noises. He declared that the
singing of Prof. Boris pupils was a
public nuisance in that it interefered
with the enjoyment of life by resi-
dents on the adjoining public street.
Ladd declared that he didn't know
the connection of Prof Boris with
Earlham college but that he knew
Earlham college had department OF
music and that the professor should
take his pupils out there for instruc
| ton where it would not be a nuis
ance.
| In giving his opinion on the mat
+! ter Mayor Zimmerman said: Music
/ is music and not noise" and that
teaching music could no more be
stopped than the street cars because
they interfered with the sleep of citi
zens. Therefore he quashed the afif
dayit
Patrolman Hebble was given a
slight rebuke by the mayor when he
/ said he believed the oficer had acted
a little prematurely.