COOLING‐OFF EDICT ISSUED IN NEWARK

NEWARK, Nov. 13 — Superior Court Judge Irwin I. Kimmelman declared today a seven‐day “cooling‐off period” in the racial controversy surrounding the construction of a black‐sponsored high‐rise project in this city's predominantly white North Ward.

Judge Kimmelman did not rule on the merits of legal arguments advanced by John Cervase, a lawyer for a white group, when he granted a request for a temporary restraining order halting construction until full legal arguments are heard Nov. 20.

The judge said he was acting out of his obligation “to prevent any kind of violence.”

Judge Kimmelman made his ruling after Mr. Cervase had said that white pickets would be at the construction site tomorrow to prevent workmen from resuming construction after a three‐day shutdown, and that there might be violence.

Mayor Kenneth A. Gibson hag said he would order city policemen to escort workers past the demonstrators. Assemblyman Anthony Imperiale, Independent of Essex, said yesterday that he would chain himself to the gate leading to the site to block the workers. He also urged North Ward residents to lie down in front of the site at 129‐141 Lincoln Avenue.

Mg. Cervase told the court that he construed a statement by Imamu Amiri Baraka, the Black Nationalist leader, at last Friday's Special City Council meeting, that “the project will be built” as a “veiled threat.”

Mr. B araka's Kawaida Temple set up the corporation that is sponsoring the 16‐story, 210‐unit project called Kawaida Towers. The corporation has obtained a $6.4‐million, 48‐year mortgage from the New Jersey Housing Finance Agency and has spent $1‐million on the project to date.

A spokesman for Mr. Baraka, who was formerly known as LeRoi Jones, the poet and playwright, said after the court hearing that members of the black organization had no intention of going to the construction site to confront the white demonstrators. Lawyers kr the project said that they were confident the contracts signed for the project were binding, and that it would be built:

Mr. Imperiale, who was in Trenton for the resumption of the Legislature's brief year‐end session, said he had received assurances from Lawrence Kramer, State Community Affairs Commissioner, that the state would abide by the. wishes of the Newark City Council in deciding whether the project should be completed.

The Council voted 6 to 3 last week to call a halt to construction until a compromise could be worked out,

Mr. Cervase also said he intended to make a constitutional challenge to the 1966 Housing Finance Act, which set up the mortgage financing agency. Judge Kimmelman ordered briefs and affidavits from attorneys for both sides by Friday and told Mr. Cervase to inform the State Attorney General's office of his intended Constitutional challenge, to give the state an opportunity to respond.

Remarks Assailed

A spokesman for the Bronze Shields, an organization of 70 black policemen in Newark, issued a staterrient expressing “anger and disgust at the racist, inflammatery remarks” of Deputy Police Chief Dominick Spina and Roger Gasperinetti, president of the. Newark Patrolmen's Benevolent Association, during a protest meeting in the North. Ward on Sunday.

At the meeting, Mr. Spina compared Mr. Baraka's Writings with Adolf Hitler's “Mein Kampf.” Mr. Gasperinetti said that the housing project was product of the “Black Panther movement” and that “some black policetnen” were ,part of the movement. The P.B.A. chief also invited policemen to join the picket line and dem: onstrate against the project.

Claude Coleman, spokesman for the Bronze Shields, manded. that Mr. Gasperinetti disclose the names of the black policemen he said were Black Panthers. He also said Mr. Gasperinetti should clarify hii call for policemen to join the protest, adding: “As head of the P.B.A., is he calling for a Confrontation between groups of policemen?”