New Britain Herald Newspaper, March 11, 1927, Page 20

Py NEW BRITAIN DAILY HERALD, FRIDAY, MARCH 11, 1927. _— RUSSELL ST, APPEAL " UPHELD BY COURT Continued from Tirst Pagv) second day of trial, T understar that my duty is n the action of t ment was wise or ¢ find wlther their to f rd of outset | 1 that t not attacki defendil 1s an attack by th ment In making tion which Is th is nothing us detai gives any make this speci has that power,: it in one of those sour this question a close 1a necessary. to ry b erc it from is the use motinz I and general the rooms were exclud- | oper lot. ally this speci e lot in zone it in lowed in this case. tion (g) gives the imed for it by the 4 be exercised on- ¢ adequate remedy Here the remedy to meet the precise situation | is plain and clear; the exception | does not fall under any of the enur crated powers of the board; the rem- | ided, with its additional \rds, should therefore be fol- I rather than to strain the pr ns of (z) bevond their and intent pro ordinar ceneral pu Aways to shall be ma leration to consery alth, safety, welf 1 its ption ¢ ort the action of " FLIGHT TO MEW ZEALAMD IN SEVEN LAYS iS TRI? TO BE ATTEMPTED MAP SHOWING ROUTE SELECTED BY CAPTAIN F.T. COURTNEY FOR HiS PROPOSED FLIGHT FROM LONDON TO NEW ZEALAND March 11 (Rm wh Karach the Straits ptain T. will make an at- to fly trom Eng- and in seven da route to be tak il fly from Eng- here A see- citiements and on to Fort Durwin in Northern Australia. Three more hops will take the air. men to New Zealand. Landing will be made only in daylight. ptain Courtney wili have a relief pilot, and a navigator and n hop will take s cperator will complote the i nee it will fly Keith-Albee and Orpheum Jeremiah Miibank. Blair and Con pany recently was reporte Circuits in Big Merger acquirca an interest in 1 LAWRENCE AWAITS - TEXTILE STRIKE ‘Sympathy Walkout of 7,500 May Follow Dye Workers' Action | 3 — Lawrence, Mass,, March 11 (P\—A | general sympathy strike | operatives of the Pacific mills textile plant here loomed today as a possi- ble sequel to the recent walkout of | the dye house workers. A mass meeting of the striking | employes last night voted against | the“advice of officlals of the Ameri- can Federation of Textlle operatives {to call a general conference of all of 7,500 workers next Sunday when a poll on | the advisability of the sympathy strike will be taken. Labor troubles at the Pacific mills started & week ago Monday when 150 employes of the dye house walk- | ed out in protest against installation of a time card system which would { make possible an accounting of the | actual amount of work accomplished { by each employe. Mill officials countered with an |announcement that the strikers would have to file new applications 11t they wished to return to work. | Several cases of personal violence have been reported to police but ance. William E. G. Batty of New Bed- ford, general sccretary of the opera- tives federation, argued against the ing but those present heard Oliver Christian, president of the Loom- I ML there has been no general disturb- | | day in favor of Arthur T. Wall general walkout at last night's meet- | ready to strike. A spokesman 59 women employes preseht also serted the women in the plant w ready to come out if a general wa out is ordered. The federation officials counsei| against any attempt at such act until all of the plant had been canized Into separate locals. | Ellison Loses Suit for Part of Searles Millio New York, March 11 (P —Ang Ellison, former hotel eleva operator, lost his suit for the § 000,000 estate of Edward F. Sear when a jury returned a verdict former private secretary and cl beneficiary of Searles under the ter's will. Ths value of turpentine, rosin other products of wood is estima tfixers' local declare his men were | at $35,000,000 a year. | Inviting | New York, March 11 (P——The new the Kelth-Albee and Orp York cuits took over a half ir ; e involving the Kcith-Albee and ' the DeMille Company a 3 h t Good Orpheum Vaudeville Cireuit and the | - a >athe Bxchange, Inc., and the Pro- ducers Distributing Corporation. | ch controls output of C. B. DeMille motion picture pleted last night. volves millions Tt adAtion o |8 1 that it has practic vested in such ) cial excr the following ! €x of New Rritain Section ; b section 26 the purpose of the act LR RN el described as follows: ‘For the pur- 5 and decide J.‘"”:,"‘f post of promoting safety l’]‘f"‘]‘“‘;" morals or the general wa! = of the L community or the comfort, happi- ptions prov rately, after notice and hearing 1 honestly. I agree with the ap- nts that this presupposes too 4 a power in”the board in view of the character of the statute and ordinances analyz:d above. The in-| sport, March eriminal responsibility is attached teo the death of Dr. Annie Keeler, 61 of Danbury by Coroner J. Impression ermir woman was struck and fatally ition ma commission in the Banking inter sald to be as- quiry in each case must be, what is sociated in the merger were Biair ured in Danbury on March 6 by an ness and prosperity of the inhabl- enforcement tants thereof, the common council of the city of New Britain is em- powered to establish building dis- tricts and restrictions.’ rest of this section and Sections 2 29 deacribe the powers of the coun- | eil. Section 30 describes the method of changing the original layout and the part the board of adjustment plays. “Section 31 reads as follows: “*The common council shall pro- +l4e for the appointment of a board of adjustment, and, in the regula- tlons and restrictions adopted pur- suant to the authority of this act, may provtle that the said board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make epecial exccptions to the terms of such regulations or restrictions in harmony with the general purpose end intent and in accordance with| gencral or specific rules therein con- tained.’ “The important feature of this scction is that in itself it gives no power to the board to make special ¢ exceptions. Tt says that the council may give this power to the hoard. “Sections 32, 33 and 34 describe the method of appointment and of the board. reads as follows rd of adjustment shall the following powers: (1) to tear and decide appeals where it is alleged there 19 error in any order, requirement, decision or determina- tion made by the administrative of- ficer in the enforcement of any or. dinance adopted pursuant to this act: (2) To hear and decide special exceptions to the terms of any such ordinancs, in accordance with rules and limitations therein contained (3) To authorize upon appeal in specific cases such varfance from the terms ot such ordindnces as will not | be contrary to the public interest, where, owing to special conditions, a lteral enforcement of the pro- vislons of such ordinance will result in unnecessary hardship, and that spirit of the ordinan bs observed and substantial done: (4) To make much changes a8 provided In section thirty thereof.’ “With (1) and (4) we are not Rere ooncerned. Relfable Store Saturday Specials RUFFLED CURTAINS Saturday only 98c value, pair MARQUISETTE (ECRU Saturday only T5¢ value, pair . 65¢ $2.12 value, pair . v White Edge. paly $1.89 value. in colors Saturday 2.59 value, pair .. 50-INCH In alil colors. $1.79 value, yard . wo | MARQUISETTE LACE CURTAINS Saturday only - $1.69 FANCY MARQUISETTE CURTAINS only LK OVERDRAPES ... $1.50 $30 $35 $37.50 $3 ARMSTRONG'S FELT BASE 9x10.6 and 9x12 1 $16.00 i ARMSTRONG'S LINOLEUM RUGS 36-INCH OVERDRAPES ‘ STEVENS' ALL LINEN CRASH l 5c yard ! of this : with limita- 7, 28 and | the basic, underlying reason for makin, this exception? When this reason appears to come within one | of the ecified exceptions of 13 g oubtedly be supported. | J1f an exception were granted to cor- : from ance as will public inter- st, where, owing to special condi- a literal enforcement of the sult in u so that the shall be ssary hardship, and pirit of the ordinance observed and substantial done; and to this end the d may, among other matters: ‘ermit a temporar non-con- forming re or use in an un- developed section of the city, for a period of not more than one year's non- ning -con- ming is not more harmful or detrimental; provided | that no extension of a non-conform- | ing area or structure is involved. 1 )etermine as to the intended ation of a district boundary in any disputed cas: variance from terms of this ordinance in connec-| tion with the property of any public utility corporation, where guch vari- ance is necessary for the public wel- usc use the ‘Permit a variation required sctback building s where the topogray otherwise ex wasteful or impracticable construc- from any line, in v would necess essively of the wo classes any required open cted district | rmit within lary line be stricts, that » in the mc may be reduced {less than the a | sponding dtmen “types of distr Pass upon s to this or¢ of the corre- quired in th in accord- 'n 14 hereof.' is substantially the 5 (3) of the statute is disposed of s v for the same reason. There remains then this inquiry (and this is the real nub of the case) does (g), in and of itself, give the board author- Ity to make the specific exception | work in E of the or- @ the purpose ¢ case, the rect a manifest fail dinance to accompl he law in some spec! same result might be reached. But when, as hers, this reason in the Tast analysis, is purcly and simply to cancel the restriction im a certain lot, I feel that the exceeded its authority. “It is probably sufficient to point out t the claims of u tionality sct up as grounds 3 and 4 on respondents’ brief are not based on any allegations of the pleading. “I find that in making the special ption which is th of this appeal the hoard of adjustment exceeded its legal powers, the appeal and the order vacated, hout costs. sed on board constitu- 5 sustained “JENNINGS, “Judge.” Wants Stenographer At Council Meetings Councilman Donald L. Bartlett announced today that he will rec- ommend to the common counci that a stenographic report of pro- ceed at meetings be provided for in the future. e councilman's recommendation is the result of a muddled conditicn of minutes found during investigation of fire depart- ments appointments, and he claims it is practically impossible to learn de many of the motions ap- pearing in the records of meetings. Councilman Bartlett informed Mayor Weld today he regards the | present system of recording proceed- as inefficient. PLOTO TOWNS FROM AIR Aerial photographs taken today in East Hartford, Woethersfield, Plalnvie, Portland and a section of Southineton pre- paratory to installation of ment systems similar to the one in here. Contracts have been signed with the Service of this city to do t Hartford and the other | towns are negotiating for the same | are being use Co. (2) again refers in questlon or must this exception, | system. TheD. Miller 26 — CHURCH STREET — 26 Your Money's Worth or Your Money Back 5% value .... 85¢ ) CURTAINS 98¢ $1.85 HODG! $245 HIGHT WHITE BATH TOWELS ~ $17.00 ... 48¢ "LADIES' SILK HOSIERY _ all latest colors 89c WOOLE! $1.69 value $1.50 \ FIBRE RUGS 9x12 S RUGS—9x12 $21.00 AXMINSTER VELVET—9x12 _$250 TOWN A) TER RUGS $16.50 in all sizes and Company, pany, the Chase Merrill-Lynch Corr National bank anc automobile operated by Alfred Os- Lorne, o at city. (EW BRITAIN MARKET CO. 318 MAIN ST.. PHO 2485 Morning Specials 7 to 12:30 Lean Fresh Fresh Cut | Lean Smoked Shoulders Hamburg = Shoulders Ib......18¢c. 2 Ibs. .. 25c. bb. ..... 18c. Best Maine Potatoes, iS Ib. Pk. 39¢ STEAKS Ib. 39¢ All Day Specials SIRLOIN SHORT PORTERHOUSE LEAN ROAST PORK ................. SMALL FRESHHAMS ................ BONELESS POPT ROASTS ...... Small Legs GENUINE SPRING L ROAST VEAL ... o ’Y ROASTING CHICKENS . ...... SUGAR CURED BACON .............. HONEY BRAND HAMS ... MB SFHFFFFFFSF CULOLOLORNDLIRDLORY QUUTD O Q0 Q0D Ot [N/ Lean Corned Beef .. 1h 10c | Best Frankforts .. Lamb for stew .... b 18¢c = Home Made Sausage 1b 28c Beef Liver ....... 1b 15¢c | Choice Sh’ld’r Steak Ib 22¢ Challenge | Best Pure o | CORN AN] Ml“( Lard 1 TOM A-mgg 2cans .. 25c. 2 Ibs. .. 27c.|3 cans .. 29c. SUGAR 10i.65¢, 251,62 Evaporated Milk .. ov... 3 cans 29¢ ..sack $1.15 Gold Medal Flour .. . . 2-1b box 29¢ Fancy Royal Lunch Crackers . Confectionery Sugar—in packages ... 3 ths 25¢ Pea Beans . Best Rice .. Lima Beans 25¢ Wax Beans ..... White Rose Tuna Pink Salmonm .... Premicr Salad Dressing ........ bottle 3¢ Sardines in ol .... 4 cans 33c Maxwell House Coffee 2 Ibs $1.00 3 cans 35¢ + 3 cans 33¢ 19¢ «+ 2 cans m‘ Fancy Sliced Pineapple, can 25¢ Large Meaty Prunes, 2 lbs 25c Lowney's Cocoa, large can 15¢ lecherg Lettuce . ... . 2 for 25c Fancy Bleached Celery, beh, 20¢ New Beets and Carrots, beh, Kiln-Dried Sweets .. C __a_nlg_’!‘on!ato SouP cereieeean.... 3 cans 23¢ WEDGWOOD BU'I'IER ;‘}I:;:\ 2 lbs. $1.09 OLEO | OLEO OLEO 32 be. | 30c.b. | 30c b Calif. Sunkist Orang;s cevsesene... dozen 29¢ —E;i;ge Ripe Sound \";llow | Fancy Baldwin Bananas ONIONS Apples CREAMERY Good Luck | Nucoa Nut First Prize Extra Hc@fy Grapefruit . .. . 4 for 25¢ Kale .. . peck 35¢ Doz ... 29c. 41bs. ... 17c.|4 qgts. .. 25c. | | | KaPLAN'S CLOTHES SHOP When you wear clothes that have been tailored properly, fashioned properly, and fitted with mre and precision, you tell the world you value its good impression of yourself. That’s the type of CLOTHES we sell, and if that's how you feel about it, you're the type of man we want to serve. May we have that pleasure? 440 MAIN Lend Connecticut An organization comprising thorized to loan money on personal property, in mined by the state not to exceed 315% a month. MAIN at EAST MAIN When should you borrow money? The members of the Connecticut Industrial Lenders Asso- ciation consider it their duty to make loans only for pur- poses that will benefit the customer. We recommend and urge that borrowers have a real need for the es- sentials of life before they borrow money. We realize the value of THRIFT. We encourage it. And in all our relations with the public we are pledged to see that the people .do not borrow money only as they have use for it to tide them over in cases of emergency. We never suggest the use of borrowed money for getting luxuries and trifles. Every member of this organization is interested in see- ing the borrower make the best use of his money and get the most returns from its expenditure. For further information call or write any of the oftices. BENEFICIAL LOAN SOCIETY 101 Raphael Bldg., 2nd Floor. 99 W. Main Street, between Washington & High Sts. Tel. 1-9-4-3.—Open 9 to 5:30. Saturdays 9 to 1. Licensed by the State and Bonded to the Public. a FRIENDLY HELP to honest folk Industrial ers Association Licensed By And Bopded To The State 30 Loan Companies in the State of Connecticut au- sums up to $300, at a rate deter-