Pueblo chieftain., 1921-04-14
BY Frederic ]. Haskin

New York City, April 1.-THE 1ues-
ton of superiluous noise and its cf
feet upon the public health is now
receiving much energetic discussion in
this city. as tho result of an interest
ing caEc recently brought into q New
York police court.
This was the complaint of Francis
Newton and Shildc Hassam. we'll
known artists. against the midniGht
musicales of Mrs. Richard T. Wilson,
Jr. prominent society woman and sis
ter-in-law OF Mrs. Cornelius Wander
bilt- The artists claimed that their
sleep was repeatedly interrupted by
loud and late music in Mrs. Wilsons
apartment. which is situated beneath
the apartment OF Mrs. HaSsAm and
ovcr that OF Mr.. Newton. in a cooper
atively owned apartment house. Mrs.
Wilson. appearing with several MOD
ishiy gowncd friends A. witnesses In
court. presented the novel defense
that tho artists could not have been
greatly disturbed because her music
was not common jasx but expensive
orchestral melody. And the judge
arreed with her.
In other words. according to the dc
cision Of this maxtstrate: the New
York apartment house dwcller has
practically no redress against super
fluous noise, II II he fashionable ana
elegant noisc. tho II lasts until ana
O'Clock in the morning. Fortunate
lv. however the word Of this mag
istrato Is not tho last in the now wide
spread noise controversy. Tho puphc
health department OF tho city Ia tha
final authority on the question OF noise,
,..H.Et
a just and vigilant protector OF de-
spairinS noise victims.
When the commissioner declares that
n noise is unnecessary ana objection
able. the noise is stopped. There II no
argument about IT, no trial no fracah
Tof any sort. The commissioner merely
sends his inspector around. and II the
warnings OF tho inspector do not i'm
rnediatcW produce silcncing effect.
militant steps arc taken to enforce tho
order. Tho authority OF the commis-
sioner is unlimited in this matter. He
can close a house. or II necessary. a
whole street. lie can cancel tho license
Of "A noisy cafe or noisy truck. He
can come into your house and silence
your Nictrola.
BeggeA for Mercy
The long suffering artists in the
aforemen TONED case apparently
did not know this. Instead of appealing
to the powerful health commissioner.
they attempted to establish their
rights as American citizens to peace
fui nocturnal slumbor according to
methods suggested In the constitu-
tIon. They went to court. But first they
scnt notes of entrcaty. politely wordod
supplications for mercy. to Mrs. Will
SON II was Impossible to call in the
aid Of the landlord. There was no land
lord. Tho house was comparatively
owned
Before tho musical days OF Mr.,
Wilson. her apartment had been owned
and lived in by William Dean Howells,
who never did anything more noisy
than to use typewriter. Childo Has
sam wore padded heels In his. apart
ment overhead and moved his casels
about on rubber tired rollers. When
any ono of the artists or writer's living
in tho house planned 10 havo n late
PARTY, he notified the superintendent
and the superintendent informed thu
neiEhbors. Tho neishhors then planned
their evenings accordingly: either
they stayed at homo and prepared TO
endure the noise. or they went to the
club or to the theatcr. II was = most
satisfactory system. But William Dean
Howclls died. His apartment was Sc
cured by tho musical Mrs. Wilson, and
tho old. considcrato regime was end
cd.
When questioned concerning the viii
been non -committal. He refuses To
stntc how he would have settled II,
had It been referred to him. inasmuch
as all OF his Information had been OBJ
taincd from tho published accounts in
tho newspapers and not from the re-
ports Of one Of his own Investigators
lie points out that many Of the COM
plants against noise received BY the
health department are unreasona ble--
that about ono out of every ton re-
fers to a single noisy instance. and
not to a whole series OF them. Yet his
attitude Ia distinctly sympathetic to-
ward tho anti-noiaa crusaders
New York he declares. rs fast
becoming n city OF ncurotics because
Of tho unnecessary noises of automo.
bilcs. elevated trains, large trucks and
continual traffic. to say nothing Of
household noises. We have the noisies,
city In tho world.
The effect Of the noise on the nerv.
Gus system is as dangerous ma any
bodily disease. Tho vitality is lowered