The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-04-14

The Right to Quiet.

New York City, April 1.-THE
question Of superfluous noise and
It's effect upon the public health ID
now receiving much energetic dis
cussion In this city. as the result Of
an interesting case recently brought
into a New York police court
This was the complaint Of Fran
els Newton and Childe Hassam,
we'll known artists. against the mid
night musicales Of Mrs. Richard 7.
Wilson. Jr., prominent society wo-
man and sister-in-law Of Mrs. Cor
nelius Vanderbilt The artists
claimed that their sleep was re-
peatedly interrupted by loud and
late music In Mrs. Wilson'S apart
ment, which is situated beneath
the apartment Of MIR. Hassam and
over that Of Mr.. Norton. in a CO.
operatively-owned apartment house.
Mrs. Wilson. appearing with sever
al modishly gowned friends as wit
nesses in court, presented the novel
defense that the artists could not
have been greatly disturbed be-
cause her music was not common
jazz but expensive orchestral mel
ody. And the Judge agreed with her
In other words, according to the
decision Of this magistrate, the New
York apartment house dweller has
practically no redress against sup
erfluous noise. il it be fashionable
and elegant noise. though it lasts
until three and four o'clock in the
morning. Fortunately, however.
the word Of this magistrate is not
the last in the now widespread
noise controversy. The public
health department Of the city is the
final authority on the question of
noise, and DR.. Copeland. the COM
missioner, is a just and vigilant
protector Of despair1ng noise vic
tins.
When the commissioner declares
that noise is unnecessary and OBJ
jectionable, the noise is stopped.
There is no argument about it, no
trial. no fracas of any sort The
commissioner merely sends his in
spector around. and if the warnings
OF the inspector do not Immediately
produce a silencing effect, militant
steps are taken to enforce the order
The authority Of the commissioner
is unlimited in this matter. He can
close a house, or, II necessary, A
whole street He can cancel the
license Of a noisy cafe or noisy
truck. He can come into your
house and silence your victrola
| Begged for Mercy.
| The long-suffefing artists in the
aforementioned case apparently did
not know this. Instead Of appeal
ing to the powerful health commits.
sioner, they attempted to establish
their rights as American citizens II
peaceful nocturnal slumber accord.
ling to methods suggested in ths
Constitution, They went to court
!, But first they sent notes of en-
treaty, politcly-worded supplica
tons for mercy, TO Mrs. Wilson. |,
was impossible to call In the aid o.
the landlord. There was no land
lord. The house was co-operativel,
owned.
, Before the musical days of Mrs
/, Wilson, her apartment had beer
owned and lived in by William Dear
| Howells, who never did anything
. more noisy than use a typewriter
Childe Hassam wore padded heel
in his apartment overhead ant
; moved his easles about on rubber
tired rollers. When any one Of tn,
, artists or writer's living in the hous
planned to have a late party, he no
titled the superintendent, and tn
superintendent informed the neigh
bors. The neighbors then planne'
their evenings accordingly; eithe
e they stayed at home and prepare,
, to endure the noise. or they wen
e to the club or to the theatre.
! was a most satisfactory system
t But William Dean Howells died
e His apartment was secured by tn
: musical Mrs. Wilson, and the old
considerate regime was ended.
o When questioned concerning tn
: Wilson case. Commissioner Cope
land has been -committal. H
refuses to state how he would hav
settled it, had it been referred t
him, inasmuch as all of his informa
ton has been obtained from tn
published accounts in the news
papers and not from the reports G
one of his own investigators. H
v points out that many Of the com