The sun., 1919-05-09
BAGPIPES ACCUSED
AS SLEEP SLAYERS
Court to Decide II Scots Fa-
vOrite Instrument Makes
Music or Only Noise.
CLANS REBUKE TENANTS
Caledonians Answer Suit by
Insisting Flat Dwellers Are
Biased and Unfair.


presented to American jurispruden 20,
namely, is the sound Of bagplpe noise
or music? is involved in a lawsuit con-
corning which Justice Whitaker of the
Supreme Court will hear arguments this
morning
Complaining that reveis OF the New
YORK Caledonian Club at 846 Seventh
avenue, In the pastoral neighborhood
ABOVE Times Square, murder the sleep
OF jewellers in the apartment house next
door at 2o1 West Fifty-fourth street, the
apartment house owners have asked the
courts to restrain the Scots from maxi
Ing the noises referred to in the sai
complaint" Six tenants make accusing
afndavits. "Uroarious Jollifioation."
loud and offensive noises" nuisance
and menace to health" are some of the
words used in their attack
One Of the tenants. Grace Angler,
swears that once a week and sometimes
oftener the Caledonians have dances or
entertainments. with singing accompa-
MED by an orchestra, hand clapping and
the stamping of feet. She says those
manifestations last until midnight and
frequently until 2 a. NJ, seriously dis
turbing her and interfering with her
sleep and the enjoyment OF her apart
ment. which is AID. Other Individual
protestants are Herman Cooper. Waiter
II. Code. John F. Lenigan. Gustav
Ljunglof John F. Staider. tenants. and
Harry Baer. attorney for the POI West
Fitty-fourth Street Corporation. The
corporation contends that numerous
tenants" threaten to move out II their
repose at reasonable hours Is prevented.
and that the value OF the property may
deteriorate.
Three Clans Rise TO Answer.
Not only the Caledonisn Club but the
Clan Macdonald, the Clan Mackenzie
and the Clan Lindsay rise to answer.
Alexander Caldwell. first chieftsin of the
Caledonians. sets forth that the club was
organized in 1851 and Is next to the old
est in the city: that 1t has occupied
It's present quarters since 1898; that
fifty members-all Of the young men
among the clubs s25--went to the war !;
that to each member returning from the
war there has been given an enthusi-
astic reception: that these receptions
have always been conducted with de-
corum and have all been over before
midnight" and have been given as
much Scottish flavor as possible, and the
pipes and Scotch songs and dances have
enlivened the early evenings for these
returning heroes" He also says the
club does not employ an orchestra out
has a piano which Is occasionally used
in competition with the piano playing
in the adjoining fats.
For the Clan Macdonald speaks
James Donaldson, who is also chairman
OF the social and finance committees OF
the Ca!edonian Club. He too mentions
the celebrations in honor of members
coming back from the war. and says:
There is nothing SO inspiring TO them
or TO any other Scotsrnen as the SOUND
Of the pipes the Scotch songs. men OF
different clans in the different kits and
the different dances OF Scotland, In no
instance have these receptions gone De-
yond 12 o'clock. There has been no
music, singing. dancing or handciapplng
that one would not hear in any enter
tainnent in a private house or otherwise
which arose from the return OF these
Young heroes Nor has any of these
affairs been such as would annoy neigh
bors.
Reels Put Life Into Heels.
There could be no so-called noise
in the different sword dances which we
have at the club" he continued. and
the hornpipes, jigs and reels which put
life and metal into their heels are con-
Quoted in n becoming way. Tho Scotch
music used in these different dances Is
not usually high. and the more stirring
of the Scotch dancing tunes are put by
deponent in the programme for the
earlier part OF the evenings entertain
ment so that they will quickly get into
the Scotch spirit OF the occasion. These
lveliest Of Scotch dancing tunes include
| Bonnie Dundee Drunken Piper and
| Dell Amang the Tailors.' We have
solos and duet singing, but no chorus
singing except in the finale Of Aud
Lang Syne."
'Frae the north OF Scotland cam as
he says In his affidavit, John MacLean.
treasurer Of the Clan Mackenzie and ex-
chieftaln of the Caledonian Club. The
clan meets twice month at the club
| house, he says, and has no dancing, but
has Emusic furnished by one or more of
the skilled pipers of Scotland" To his
ears has never come any obnoxious
tumult In fact, he says complaint
never has been made until now, and the
| tenants of the apartment house used to
gather at their windows intensely in
terested in tho music of the pipes, the
Scotch songs and costume dances
| where-with the open meetings Of clan
or club were spiced.
'The names of the people making the
moving affidavits," Mr.. MacLean adds in
due course. such as Cooper. Ljunglof.
| Staiber and Graf (John l.. Graf Is presi-
dent of the complaining corporation) do
not suggest an interest in Scotch affairs.
But we have been mindful at all times
of the tenants around the club. and IN
spite of loud plano playing at very late
hours from this south side house. to con-
duct our affairs in the same orderly way
! We have always done and in such q way
as one would expect to ind at a private
entertainment
Best Dressed Highlander Replies.
AS proof of his right TO enjoy his
privilege OF having charge OF tho Gale
DOMAIN Clubs kilties John III. Whiteford
OF the Clan Lindsay modestly offers the
fact that at the Scotch Athletic gamea
In Philadelphia in 1907 he won two
! first prizes for being the best dressed
| Highlander.
| THE members Of this club" says Mt
whiteford. take great pride in their
kits and In their Scotch pipers and
! Scotch singing. and tho members who
have returned from the war have made
straight line to the clubhouse to re.
ceive the Scotch entertainment which
we ofrer This clubhouse Ia open to all
officers and enlisted men OF the Ameri.
can and allied armies and navies.'
And now comes Andrew Galloway
superintendent of the club and inhabi.
tant OF its top floor. 1t is his Job TO see
that the house Is closed at midnight
and he says he does 30. Neither his
wife, his child nor himself has any
| trouble in BlSopinT after midnight ex.