Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-07-31
ELECTRIC PARK
Wins POIil IN
INJUNCTION SUIT
Vice. Chancellor Re-
serves Decision in
MOtOrdr0me Case.
DENIES PRELIMINARY
ORDER AGAINST PARK
Says Amusement Place Has Ex-
isted Too Long to Justify
Such Step.

The adjourned cases against the
Eastern Motor-racing Association and
Electric Park brought by complaining
citizens in the vailsburg section, who
call the newly-constructed MOTOR
drome a noisy nuisance" was
brought before ce-Chancellor Stew
ems today, who denied the application
for a preliminary injunction in the
case of Electric Park and reserved
decision in the motordrome case.
Injunction was denied in the case
of Electric Park on the ground that
1t had been so long acquisced in that
a preliminary injunction could not
issue.
The applications for preliminary re-
straining orders were made by
Michael ]. 'Tansey, and the motor
drome interests were in the hands of
Conover English, of McCarter G. Eng
lish.
Mr.. English commended that the
motordrome' vas a huge bowl and
that the noise from the motorcycles
was largely confined within the oval
walls of the big track.
The noise is all over In a twink
ling said Mr.. English, and it is
auieting and comforting. rather than
annoying. There is not more than
an hours noise in the whole week"
The attorney explained that the
particular ground on which the
motordrome is situated has been used
for amusement purposes since the
Civil War;
The p~,otordrop,o ranrocants :, !,
vestment of between. $50, 900 and
$780, 900.
Mr.. English stated that a high
class crowd attended the motor
drome, as is evidenced by the fact
that they pay 81 a seat, which keeps
out the rough-and-tumble."
"As to the danger from fire." said
the attorney, the building was con-
structed with the authority and ap-
prevail of the city authorities.
THE. oil used by the motorcycles il
mineral oil and will not burn" said
he. I'VE burned newspapers over
the oil on the tracks as a test and
the oil would not ignite"
Mr.. Tansey presented af1davits
from property-owners who assert
thot tfCA piOPCItY has ueCTedSeQ III
value; from agents who assert that
the rental values are decreased; from
h~ouseholders who assert that the
noise is "nerve-racking and unbeara-
ble."
William H. Maryott, of so Columbia
avenue, swore hat he would have
to move if the noise was allowed to
continue.
Joseph c. Soemer, of 20 Richelieu
terrace. stated that he hears the
noise of the machines and the shouts
of the crowds at his home a mile
away.
Frank H. Drew. of IS Columbia
avenue, swore that the noise was
nerve-racking and very trying, in
deed"
Property is suffering materially.
People r receiving injury to health
and property" said Mr.. Tansey. 1T
is quite impossible now to rent or
sell property in the neighborhood."
Mr.. Tansey attacked the affidavits
submitted by the defense and stated
that many of those who made them
were interested in some way or other
with the motordrome.
He cited the affidavits of Frank E.
Bollen. who sells motorcycles; Charles
Dunlap, manager of the park: Charles
E. Garrabrant. special officer; George
w. Cross, president of the racing as
ISOLATION, who swore that the noise
was not unpleasant"
ut is their wi risk if they have
invested $50. 900 or $40. O00," said Mr..
Tansey. They might have gone
down on the meadows"
Roy F.. Anthony, of the firm of
Barrett & Barrett, appeared for the
Electric Park Company.