Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1924-06-05
COURT REFUSES
TOC[OsE PLANT
At I HIS TINE
But Herbert & Herbert Agrco
to Close Voluntarily Until
Equipment Comes
/ HEARINGS ARE COMPLETED
Feeling Is That Factory CT.
Be Operated to the Salts
faction of All
HEARINGS ARE COMPLETED

Declaring that he will not clos
up the factory of Herbert & Herbert
Inc. II the conditions producing fnz
odor can be remedied and the fumes
eliminated, Vice Chancellor John II. Il
Backes, sitting in the city hall here
yesterday afternoon, asked the repK<< q
sentative of the company, H X. 4ol~
enbock, of the law firm Of W1Gaf,
Wight & Golenbock, II the odLc3ols
of the plant would close voluntarily
until after the changes in eQu1pmea<
had been made, or IL he should 1n1Qe
an Injunction against the plant c4x1o<
ing 1t to close until such f1mo a
they could satisfy the court thu rl&0<
could be run without annoyanQo IA
the neighbors Mr. GolenboGx -
piled the officials OF the plant N1U@&
voluntarily close and the v5co <ll1@<
| celior then dismissed court 1o<
. day. City Attorney WiIeHtz 4ppe
for the city and the reside
vicinity of the plant and
berger for the Board Of
The question as to whethez
the officials of the plant would
unfairly close until the fumes cou1n.,
be eliminated by the INSTALLING Of
additional apparatus was made BY
the vice chancellor aft he had 1lz-
tened to the testimony of RodoIrh
]. Babor, chemist of the State Board
of Health. who told OF the equip
ment which the company planned TO
install In the plant to do away with
the odor, and after he had questions
ed Herbert Gillis, secretary OF the
company, as to how long II would
take to start UP for trial run after
the plant had been closed down. Mr..
10 rx..II = <rI<
period of twenty-four hours.
The vice chancellor then declared
that Herbert & Herbert Inc. has q
nuisance here and the neighbors
should not be made to stand it, but
they must stand the period of exper-
iment. He then said tnat he would
appoint a master from among the
local attorneys = the expense OF the
company, who would report to him
on the odor after the experiments
have taken place. These experiments
are to take place following the in
stallation of a scrubbing machine
and other equipment to elfmin~te
the gases which produce the fumes
from which the people living In the
vicinity of the factory complain.
The experiments which are to take
place following the installation OF
the additional equipment viii be
made on a day to be fixed by the
officials of Herbert & Herbert Inc.
between the hours of o'clock in the
morning and O'Clock in the after
noon, the special master to be pres
ent and report as to the results OF {
the test to Vice Chancellor Backes,<
and IL they are successful he will.
allow the plant to operate. Between
the timss the tests or experiments
are made, however, the plant Ia to
cease operation. The vice chancel-
lor declared that he did not want TO
keep the place idle one minute after
they have eliminated the odors.
Yesterday afternoons session OF
the court was taken up with hearing
residents in the vicinity of the plant
who were called to testify by City
Attorney Wilentz as to the fumes
from the plant and the Offering Of
testimony by witnesses OF the plant
as to the lack of fumes and testi-
mony of experts concerning equip
ment by which the fumes can be
eliminated.
Alexander Eyer of 221 Grant street
was the first witness of the afternoon
session. Mr.. Eggers and his family
live directly across the street from
the plant. he SAID the DOCTOR n9Q
advised that he give his chi1dreu
lots of fresh air, but the fumes made
this impossible and they were forced
to sleep with the windows closed. He
declared the continued odor of rotten
eggs coming from the plant made e.
impossible for the children to eat and
also interferred with his eating. Hoz
did not change his testimony on
cross examination.
Mrs. Jane McMurtree said she had
been annoyed by the odors all during
the winter, and at some periods they
were so bad she was forced to wake
UP in the night.
CONTINUED on page %