New Britain Herald Newspaper, May 23, 1927, Page 13

FAGTORY HUST PAY IGRATH FORHURTS Noonan Places Liability for Tnjury to Window Washer Upholding the finding of Compen- sation Commissioner Leo J. Noonan, who awarded compensation at the rate of $13.75 per week from Octo- ber 14, 1926, over the period of the disability of Richard Fox of 176 West street, this city, Judge L. P. Waldo Marviit in superior court de- clares that the cleaning of the win- dows of the Fafnir Bearing Co. of this city is just as essential to the company's interests as ib the clean- ing of the floors and equipment. The case may be taken to the su- preme court by Attorney 8. Polk ‘Waskowitz, representing the Fafnir Bearing Co. and the American Mu- tual Liability Insurance Co. Attor- ney William M. Greenstein repre- sented Fox at the hearings. Fox, whose regular occupation is that of a lineman, was in the em- ploy of Edward McGrath of 232 Hartford avenue, this city, as a window cleaner, and on October 13, 1926, while cleaning the windows of the Fafnir Bearing_Co. factory, he was forced to jump to the ground when a window suddenly raised fit- self after having stuck. He suffer- ed a fracture ofthe leg. He had entered McGrath's employ on Octo- ber 7 and worked on the Fafnir job until October 9 On the 11th and 12th he worked for truckmen and on the 13th he returned to Mec- Grath's employ at the Fafnir plant. Before Commissioner Noonan, ar- guments were presented as to whether Fox was entitled to com- pensation against McGrath or the Fafnir Bearing Co. under Section 5345 of the general statutes. Inas- much as McGrath did not employ five persons, he was not subject to the provisions of the compensation act, and the Fafnir Bearing Co. and the insurance company contended that they were not liable on the ground that window washing was not part or process of the respond- ent’s business,-and that the employ- ment of the claimant was casual and otherwise than for the respondent’s business. Commissioner Noonan dismissed the claim against McGrath and or- dered the Fafnir Bearing Co. and| the American Mutual Liability Tn- surance Co., insurer, to pay Fox the sum of $13.75 per week, beginning October 14, 1927, and continuing for 30 long as the claimant shall be to- tally disabled because of the injury, subject to the 520 week limitation as provided by law, and that they also pay all reasonable medical, sur- gical and hospital expenses incurred by the claimant in connection with treatment of said injury. In his memorandum on a motion to corrcct and add to the finding |wholesale evasion of responsibility. | and award, Commissioner Noonan wrote: “Presumably Section 5345 was enacted by the legislature to take care of this very type of case. We understand that it had been assumed that large employers of labor would parcel out their work to contractors, none of whom would have more than four em- ployes, and hence there would be an escape of compensation liabil- ity by the principal employer. If this claimant is not-covered by Sectlon 5345, then the statute might just as well be taken oft the books. The respondents are quib- bling that washing windows is no part of the business of manufac- turing ball bearings and in an elaborate brief recite various cases based on statutes not worded like ours to support their contention. Our courts have been liberal inthe construction of the compensation act, and I fail to sce where this claimant is not within the protec- tions of - the so-called sub-contractor statute. If he is not, then the door is open for employers of labor to parcel out their work to contrac- tors, none of whom will have suf- ficlent employes to be subject to the act, and hence there will be It Section 5345 means anything at| all it means that this claimant fs entitled to the protection of the compensation act.” CLINE S HELD ON CHARGE OF MURDER Bound Over to June Term of Superior Gourt Willimantic, Conn., May 28 (P—| Leonard Cline, novelist and play- | wright, charged with the murder May 18 »f his friend, Wilfred Irwin, | of New York city, was bound over| to the June term of the Tolland county superior court by Justice of the Peace George H. Andrews in| Mansfield today. ‘When arraigned today Cline plead- | ed not guilty. The atate called sev-| eral witnes: who, in the opinion of the justice of the peace, gave suffi-| cient evidence to warrant holding | Cline for murder. | Irwin, who had been Cline's guest | for several weeks, was wounded at| Cline’s home in Mansfiell. He died | about 20 hours later in St. Joseph's | hospital here of a gun shot wound. Cline gave a pint of his blood in ! an effort to save Irwn's life and his| arraigngnent had been held pending his recovery from transfusing opera- tion. During the testimony, Sergeant | Russell 1. Harman of the state po-| lice, told of a conversation he had| had with Cline on May 1 at the time Cline had Irwin arrested for drunk- enness and disorder, “He told me,” the state policeman testified, “that he had his gun |achool NEW BRITAIN DAILY HERALD, MONDAY, MAY 23, 1927. loaded to shoot him then, but I just couldn’t do it. I lost my nerve.” Cline in calling state police at that time reported that he had a “friend who had apparently gone violently| insane” and requested the police to call at his home at once. The shooting on May 16, weeks after this conversation, fol- lowed several hours drinking at the Cline home, according to police. BYRD'S PLANE FAILS 10 RISE DURING TEST Acosta Explains There is No De- fect in Motor But That Land- ing Begring “Froze.” Roosevelt Field, N. Y., May 23 (M—The Fokker triple motored plane Amcrica in which Lieut. Com- mander Richard E. Byrd may at- tempt a duplication of Captain Lindbergh’s New York to Paris non- | stop flight failed to rise from the ground today in a load test. Carrying 13,600 pounds, 900 pounds less than the load it would have at the final hop-off, the mono-. plane was started down the runway where Lindbergh began, his now fa- | mous flight. After traVersing half the runway the engines were shut oft. The plane had not lifted itself from the ground. Bert Acosta and George Noville, who were making the test, said there was nothing wrong with the motors, but that a bearing of a landing gear wheel had “frozen.” This, it was explained, meant that the bearing, having come overheat- ed, had swelled and jammed. The plane was returned to the hangar. The plane had previously lifted 13,- 280 pounds, mechanics said. Grover Whalen, Rodman Wanamaker, backer of the flight, sald that there was no in- tention of abandoning the New York-Paris flight. “The flight,” he sald, “was planned | great as it was, has not lessened the | need for scientific data an trans- | Atiantic fiying.” Commander Byrd also said that he knew of no change in the plans | for the flight. America to attempt the City Items Richard Katz, aged 17, a student of the State Trade school, suffered an injury to his hand while at this afternoon. and was3 treated at New BritainGeneral hospital. Caesar Oddi of 184 street, New Haven, Captain Kelly this afternoon that an automobile backed against his car on Myrtle street, breaking the headlights, and the driver refuséd to give his name and address. Hamilton READ HERALD CLASSIFIED ADS FOR BEST RESULTS two representing | for scientffic | | purposes. Lindbergh's achievement, reported to| THO AMERICANS WIN IN TOURNEY { Newton and Haley Come Through in British Goli Eng., May 23 (® — Americans won two well-deserved victories” in the first round of the British amateur golf championship | tournament, which began over the | Royal Liverpool club’s course here today. The steadiness of the veteran, |Frank C. Newton of Brookline, | Mass., helped him defeat Lieutenant- Colonel A. W. Tate of the Royal and Anclent club by two holes, and the former Willlams college star, E. H. Haley of the Westchester Biltmore club, New York, elimi- |nated H. A. Kay of Wilmslow by the same margin. After welcoming the Americans with sunshine, Hoylake weather re- verted to its more usual brand this afternoon, with cold winds and gusts of rain. When W. L. Richard of the Engineers’ club, Roslyn, N. | Y., onc' of the late starters, teed off, he wore three sweaters and woolen mittens. The English stars, including the former champions, Cyril Tolley and | Roger Wethered, came through the |first test without casualties. A. F. |Simpson, the Scotsman who was |the finalist against Jess Sweetser |when the American won the title |last year, was put out by R. H. |Hardman, the Lacashire champion, |three and two. W. L. Richard of the Engineers’ club, Roslyn, N. Y., was defeated, |six and five, by W. A. Murray of {the West Hill club, who played No. |1 for the Scottish team against {England Saturday. BUSINESSMAN DIES Homer E. Remington Was One of Willimantic's Oldesy and Best Known Residents. i | Hoylake, Homer Ernest Reminfton, for fifty years in the clothing business here, died today at the home of a daugh- | ter in Hartford, aged 74. He retir- ed from businass life on February 11, 1925, which date marked the rounding out of half a century of activity. HAD STOLEN GOODS Bridgeport, May 23 (# — Harry | Demerjian, 88, and George Demer- |jian, 34, at whose homes police say | they found quantities of cigarettes |and cigars stolen from Miner, Read jand Tullock, were held in bonds of 1$3,000 when arraigned in city court itoday on charges of receiving stolen BO00 Their cases were continued to May 27. Willimantie, Conn., May 23 (#— | Week’s Activities in Catholic Churches «St. Mary's Church Banns of marriage were published for the first time yesterday at St. Mary’'s church between Walter Coughlin and Agnes M. McNamara. The society of the Children of Mary will hold a strawberry festival and supper Tuesday in the parish hall from 5 to 8 p. m. A novena to the Holy Ghost will open May 27 and will continue to June 4. Services will be held every evening at 7:30 o'clock. Thursday, Ascénsion holyday ot obligation. Masses will be said at 5:30, 7, 8 and 9 o'clock. The last mass will be a high mass. Confessions will be heard Wednes- day evening. i St. Joseph’s Church Thomas J. Heley church of Day, is a Rev. Thomas' of 8t ‘Waterbury, church last evening in connection with the annual crowning of the statue of the Blessed Virgin by the Children of Mary. A class of 115 boys and girls will receive their first communion | Thursday morning at 8 o'clock. Thursday, being Ascension Thurs- | day, will be a holy day of obligation. St. Peter’s Church The annual crof¥ning of the sta- tue of the Blessed Virgin by the Children of Mary, will take place in |St. Peter's church next Sunday at 8 o'clock in the evening. Father De- |nault of the LaSallette Order of | Missionaries of Parkville, will |preach the sermon. | A large cl of boys and girls |will receive their first holy com- |munion at the 8 e@'clock mass. St. Andrew's Church | The concert rendered by members of the junior and senior chefrs of St. Andrew’s church yesterday aft- {ernoon, was well attended. Lithu- {anian folk songs andother numbers were given under the direction of Organist Leo Vasaitis. The proceeds will go to the church. Banns of marrigge were publighed at the church yesterday for the sec- |ond time between Constant Murzyn of 53 Broad street and Helen Bizis of the same address. A class of 110 boys and girls will receive their first holy communion jat the church next Sunday morning lat the $:30 o'clock mass. Masses on Thursday, Ascension | Thursday and a holy day of obliga- Ation, will be said at 5:30, 7:30 and [8:30 o'clock. The last mass will he la high mass and benediction wikl follow. Confessions will be heard Wed- nesday evening. AUTOMOBILE STOLEN Captain Kelly was notified today {of the theft of an sutomobile own- |ed by George F. MacLachlan of 208 |Carlton street, who said he left it {in front of New Britain Institute lon High strect about 8 o'clock this {morning. At 3 o'clock this after- noon, the car had not been found. preached the sermon at St. Joseph's | MEDICINE WHISKEY Action Will Permit Use of Fall Gorn Crop Washington, May 23 (P—Manu- {facture of whiskey for medicinal pur- | |poses will be begun under treasury | supervision in time to utilize tHe fall | |corn crop, Assistant Secretary An- {drews announced today. i ury, he said, would authorize such | manutacture by possibly five corpor- ations. | It was the original intention to authorize two companies’to engage in making the spirits, but when the question of violation of the anti-trust laws was brought up, it was decide 'to allow enough corporations to en- (ter the Industry to provide competi- | tion. | Bourbon and jry whiskey will be |manutactured with an estimated an- |nual output of 8,000,000 gallons and | |should there develop eventually a le- !gitimate demand for medicinal xm.’ |brandy or other spirits, authoriza {tion for their manufacture would be considered. | General Andrews said the officers |of the corporations would be care- | fully chosen, in order to insure | stable and responsible companies, | manufacturing only pure medicinal whiskey at a reasonable price. A conference will be held this |week with representatives of the li- |quor industry, which is co-operating | with ¥he treasury in establishing the |corporations. They will meet with |General Andrews and Dr. James M. Doran, new prohibition commission- cr, to whip the plans into shape. | MAKING APPROVED The treas- | MAJOR DARGUE HOPS OFF ;Army's “Good Will” Flier Plans te Visit Hartford on Friday of This ‘Weck. Washington, May 23 (P—Major Herbert A. Dargue, who led the army Pan-American flight, hopped |oft from Bolling field shortly after 110:30 o'clock this morning on a Good will tour around the eastern half of the United States. Major Dargue, who is accompan- ied by Walter O. Lochnar, president of the National Assoclation of Com- ercial Organization Secretaries, will make his first landing at Har- risburgh, Pa., but en route there will circle over Hanover, Pa. The flight may take Major Dargue to Montreal and Ottawa if the Canadian govern- | ment complies with the request of the war department that he be per- 4 | mitted to take his plane, the flagship :w York 1I, across the Canadian | border. If the Canadian flight is |agreed upon, it is expected he will | visit the two cities late this week ior carly next week. Other scheduled stops for today linclude York, Pa. and Camden, N. | J., with a circling of Lancaster, Pa. Landings will be made tomorrow |at Dover, Delaware, Annupolis and Baltimore, Md., and Trenton, N. J., with stops at Wildwood and Atlantic | Cit; J., and Bridgeport on Wed- nesday. There will be no flying on | Thursday, but on Friday Major Dar- |gue will visit Hartford, Conn., Bos- ton, New Bedford, Mass., and Prov- lidence, R. I. On Saturday landings will be made at Concord, N. H., and | Portland, Me. Many cities between | the landing places will be circled by | the airplane. | It is estimated that the New York |IL will fly approximately 10,000 {miles during the seven weeks flight. The manufacture of the whiskey, | while under government supervision, will be financed and operated entire- {1y by private citizens. \ | 'Sweden Rejoices That | Lindbergh Succeeded | Stockholm, Sweden, May 23 (®— |Everybody in Sweden is proud that the hero of the day — Charles | Lindbergh — i3 of Swedish descent. The Royal® Aero club of Sweden {has awarded the fiier its highest come to receive it. When the news of his landing reached the second chamber of parliament a message was drafted offeripg congratulations to “a de- |scendant of Swedish parents for a |successtully completed achieve- {ment.” | NEGRO IS LYNCHED | Braggadocio, Mo., May 23 (®— Wills Sherod, 30, a negro, was lunch- ed here last night after an alleged {criminal assault on Mrs. Henry Shot, {31, a widow with two children. Sher- {od was strung up by the hands to a |temporary scaffold in the town {square and his hody pierced with |about twelve bullets. |gold decoration and invited him to | | SUSPECT ARRESTED London, 'May 23 (® — Scotland | Yard announced today that John Robinson, 46, a clerk, had been ar- |rested in connection with the Cha |ing Cross trunk mystery. He is {charged with the murder of Minnie | Bannati, wife of an Italian waiter. |Her body was found, dismembered, in a trunk at Charing Cross station, | London, on May 10. NEWBLSINESSRATE. FOR LIGHT SERVICE Revised Basis of Gharging Op- ]1 tional With Merchants The Connecticut Light and Power Co. today announced to its business lighting customers an optional rate for electric service which will lower the cost to a large number of its consumers. The new rate will be $3 per month plue five cents per kilowatt hour for the first 1,000 Kkilowatt hours used per month and three cents per kilowatt hour for all over 1,000 kilo= watt hours per month. This rate eliminates the need of periodic in- spections to check up connected loads and enables the use of elec- tricity up to = load of 1500 watts without any change in the flat charge. For loads above 1500 watts there will be an additional, cost of $2 per thousand watts of Buch in- crease. The new rate will be ef- fecttve on the next bills rendered to all business lighting customers who wish to take service under it and the company will hereafter bill un- der the new rate all such customers who it thinks will benefit unless it is notified not to do so. J CENTRAL JR. H. S. NOTES The regular morning exercises at the Central Junior high school were suspended for this week because of the pupils having to make up their back work as it is the last assign- ment this semester. The regular auditorium program was also sus. pended but on further considera- tion it was scheduled again, as a speaker has been invited to come and talk. His subject will be “Sportsmanship.” At the president’s meeting this Wednesday, efficlency lists will be distributed to the presidents for their home room. Up to this time the secretary of each room has had to make up the list herself but now a printed sheet will be avail- able. making the work much less difficult. Hot Water! Who's Nexf? 100 Gas Water Heaters will be installed this summer, why not take advantage of our easy terms. Brass pipe and fittings used in all installations. ERICSON & JOHNSON 34 DWIGHT ST. Lindbergh Trusted His Life to a Single Air-Cooled | Engine and won the Orteig Prize He Says: Over 40% of forced landings of airplanes before air -cooled motors became popular were due to trouble developed in water cooling systems. Byrd reached the North Pole with an air cooled motor, con- quering 1,600 miles of Arctic wastes and zero temperatures. Cobham flew from London to Capetown over the world's largest stretches of tomid desert and jungle with an air cooled motor. The: Bellanca plane which recently made the world's record for endurance of 51 hours, 11 minutes and 25 seconds was pow- ered by a Wright air cooled motor, which had been driven 30,- 000 miles without overhauling before it established its great record. Call Franklin Motors, New Britain, and learn more about the world's greatest motor car; Drive it and get a revelation. st cate his feat. future ? G. C. Katzbach of Franklin Motors of New Britainon July 1926, the 25th anniversary of the Franklin Automobile Co., drove a new Franklin automobile that had been driven less than - 1,000 miles for 100 miles in low gear in 6 hours and 39 min- ‘utes without a stop, officially timed and observed every foot of ‘the way and fully reported by the Herald and Record on July Ist'and 2nd. Then he challenged any water cooled car to dupli- Can there be any doubt that air cooling is the method of the Why not be up-to-date? Leave your plumbing at home. ' Keep your head and feet cool in hot weather. Forget freezing 'FRANKLIN MOTORS: OF 403 West Main St. 'NEW BRITAIN S - in cold. Drive the best---it is cheapest in the long run. T:elephone 3696