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BYRD FAGING TASK CHALLENGING GRIT Plight Over South Pole Fitting GOOLIDGE OYER RADIO President Will Be Heard Tonight at ! Dedication of National Press Club | Building. ‘Washington, Feb. ¢ UP—Radio listeners tonight will have oppor- | NEW BRITAIN DAILY HERALD, SATURDAY, FEBRUARY 4, 1928. CHAMBERLIN AND WILLIAMS CRASH (Continued from First Page.) EAST-WEST ROMANCE Hindu Department Store Clerk in Boston and Portland Girl Not To Wed Just Yet, | | | Boston, Feb, 4 (UP)—The East- striking some railroad ties at the end | West romance of a IHindu depart- 18 CLEANING UP Begins at Once Its Reconstruc—} BRINGS SUIT FOR 87,50 Mazic Breen of Hartford Names Frederick C. Ncumann of This City Defendant, that if the liability of the school |district as a member of the insur- {ance company is limited and does | not exceed the reasonable cost of the protection which it receives, that the district may lawfully become a {member of the mutual insurance { company. | “Attorney generals of other |states have given opinions that cities 13 FALL RIVER NOW _ [Gmetum o, sz = =T THER, OF FOUR DRUNK AT WHER Fined $100 and Warned to S { tunity to hear the dedication of the|of the ficld. It shot up probably 20 {ment store clerk and an American | Test for Superman The Antarctic, the Arctic and tropical seas are all familisar to Frank W. Fritson of 328 South Main street, who was a member of Com- mander Byrd's expedition to the North Pole, Fritson, in more than 17 years in the U. 8. navy, “rolled down to Rio,” landed at Vera Cruz during the fracas, witnessed the bullding of the Panama canal, rode a submarine out of Ponta Del Gada in the Azores during the war and rounded the southern extremity of South America. Fritson felt the bite of the winds from the South Pole aboard the U. 8. 8. Delaware, which had been as- signed the task of carrying the re- mains of a Chilean minister, who had died in Washington, back te Valparaiso, Chile. Rougher and colder weather was encountered in pamsing through the S8traits of Magellan than Fritson experienced | new National Press club building, | at which President Coolidge will de- | liver an address. The program will be put on the air by the National Broadecasting company through its Red and Blue networks, beginning at 10 o'clock. Frank B. Noyes, publisher of the Washington Star, also will address | the gathering as president of the Associated Press. A marine band concert will complete the program. President Coolidge laid the corner- stone of the building some months ago. The building affords spacious quarters for the Press club and holds | acores oY offices, many occupied by out of town newspaper bureaus. In addition to its own private theater for club members, the building houses the new Fox theater, the opening performance in which Pres- ident Coolldge attended. {climbed out, |The right wing of the feet higher then swerved and fell. Chamberlin and Williams quickly apparently unscathed. plane was crushed, the under carriage smashed and the propeller broken. Tells How #t Hi Chamberlin said he realized that he would be unable to take off when ground observers signalled him to lift it off the runway. He said he motioned to Williams to let out the gasoline so that the lightened ma- chine might rise, but before that could be accomplished the tail skid dragged over tne railroad ties and bounded the machine into the air. It lost balance and Chamberlin was unable to right it. He cut off the motor and waited for the crash. Chamberlin appeared crestfallen as he studied the ruins of the big monoplane. Williams was optimistic saying: “We will be able to make it next time.” A. R. Martine, backer ot the flight ‘Blrl of Portland, Me., will not lead | |to the altar—at least not until the| prospective bridegroom has estab-| “lish(‘d his right to remain in this!| ‘country. | Mohammed F. Karim, 26, of the {south end, has been refused a iis |eense to wed Miss Dorothy Flint, 27, {of Portland. | Registrar Edward W. McGlennan |of the marriage lice reau has | |announced that the license will be | withheld pending an investigation of | rim's citizenship st | rim was admitted to the ['nil(‘d‘ States in 1920 for educational pur- | poses. He has completed his studies ;ho\\'f‘\(‘r, and is now employed in a |local department store. 1 | The Hindu told license bureau of- | nictals that he took out his first nat- | uralization papers in 1921, but w ‘unable to show documents to con- |firm his claim. The couple first met at a theologi- cal lecture here several months ago. | | | tion Work Fall River, Mass.,, Feb. 4 (UP) (— Undaunted by the worst disaster in story, courageous Fall River to- v took up the work of restoring I: of property lost in 1y night's With the swiftness that marked the spread of flames through very heart of this industrial center, the rchabilitation program was ad- vanced under plans for a finer city than ever before. Mayor W. Harry Monks announc- cd that a committee of 15 represen- tative business men would be named shortly to speed the reconstruction | work and arrange financial aid for the many Dhusiness enterprises that were victims of the conflagration. Though struggling under the bur- den of a great disaster, Fall River realized that it had many reasons to be thankful. the | “laiming that she was seriously {injured in an automobile accident, through the negligence of Frederick ’\‘. this cit Mazie | Breen of Hartford, through Joseph | B. i as brought suit for $7,- {500 damages against the New Brit- jain man. Deputy Sheriff Martin H. Horwitz served the papers today. | The plaintift claims that on Nov. {11 last a out 8:15 o'clock she wsa {riding in an automobile, as the guest of Cletus D. Lyons. The car was | proceeding along the Berlin turn- pike. The defendant’s car was pro- ceeding in the opposite direction and the machine crossed the highway, without any warning, and crashed ,into Lyons’ machine. | The woman claims that she suffer- |ed sprains of the back, shoulder and lankle, contusions and abrasions about the head, knee and body and so that she suffered nervous shock. he was confined to her bed for five weeks, it is alleged, and she has {been unable to do any work for nine could not insure in mutuals, be- |cause they were thus going into the |tive authority. “You will see therefore that there |is nothing that can be said with any confidence as to what the Con- necticut courts might hold. “Your attention is called to sec- |tion 58 of the General Statutes, ! which provides e fine and impris- onment for members of the school committee, for example, who ex- ceeded their appropriations, the ex. ception being that such mcmbers could exceed the appropriation for necessary expenses of the school {district after the appropristion wi exhausted. This is the only consti- tutional or statutory provision in {Connecticut laws directly bearing on this question. “Of course, the general law in {Connecticut 18 recognized that a | municipal corporation may not go {into business not authorized by insurance business without legisla- | Drinkiag Liquor Czeslaw Pomnichowska, aged 34, | of 115 Bilver street, pleaded guilty tq the charge of operating an automo. | bile while under influence of liquor and was fined $100 and costs with 2 suspended jail sentence of 15 days by Judge M. D. Saxe in police coury today. Judge W. F, Mangan ap- peared for him and asked that the court take into consideration the fact that there are four*small chil. dren depending on Pomnichowska for support, also that an impediment of speech might have made it ap- pear that he was intoxicated to a greater degree than was actually the case. “It is another of those cases that are hard to understand,” Judge Mangan said. “This man has a wife and four small children and earns probably $30 a week in the factery, yet he drives a car.” Assistant Prosecuting Attorney W. MARION TALLEY IS in the Arctie, when asked when another atterapt While nearly 300 mpersons were [weeks. | charter or by law. M. Greenstein said B8ergeant T. J. Both Karim and Miss Flint, who is Queer birds called penguina that | walk about on the rocks, but do not fly, are found in large numbers on the southwest coast of Bouth Ameri- ca, according to the local sailor, but while there are many large gulls and seals in the northern polar seas (he has the skin of one polar seal he harpooped on exhibit in the window of the Globe Clothing House) he saw few living things off the southern tip of Bouth America, and was informed that there was ab- solutely no animal nor vegetable life rearer the South Pole, Not willing to rest content with having circled the north pole, Com- mander Byrd plans to fiy to the south pole this year, Fritson says it was 660 miles from Spitsbergen to the north pole and Commander Byrd made the round trip in 15 1-2 hours. The nearest land to the south pole, Ross island, is 900 miles distant and Byrd must spend about 24 hours in the air because he found it too rugged to land at the north pole and the explorations of Scott, Amundsen and others have proven that the terrain at the south pole is all jagged ice offering poor accommodations for airplane landing. Land near the south pole is sald to be a place where human beings have never lived, where it never rains and where the wind rages a 70 mile an hour gale at 30 degrees below zero. Knowing the difficulties encou tered in the northern polar regions Fritson realizes the perils Comman- der Byrd will face when he “hops off” to the southern tip of the carth, but he says, “Commander Byrd is an officer of the navy, well aceustomed to Rardship, can get along on little and come through somehow."” Proving his loyalty to his former skipper, - Fritson volunteered his services to appear in uniform at the airplane parked on Central park for as long as he was needed s0 that he might answer questions about the trip to the north pole and pro- mote interest among New Britain people in Commander Byrd's lee- ture about his proposed dash tothe antarctic which will be given to- morrow afternoon at the Strand theater, NEW BRITAIN NUN HOME FROM CHINA (Continued from First Page) tion is afforded the various foreign agencies and for that reason mis- sionary activities in the interior are directed from this point. It s the province in which Rev. Joseph H. Sweeney, formerly of this city, was stationed after his arrival in China. Father Sweeney and his brother, Rev, Leo Sweeney, had left Kowloon before the arrival of Sister St. Phil- lipps and she has not seen either sinoe taking up missionary work in the Orient. Plan School for Chinese Girls Provided the two nuns now visit- Ing here are successful in obtaining sufficlent funds threugh contribu- tions by parishioners of local churches it will be possible for them to play an important role in estab. lishing a novitiate at Kowloon for Chinese girls who wish to become Roman Catholle nuns. There are al- ready many Chiness girls anxious to take up religious work, it is said, but the absence of & convent and funds to maintain it has made it impos- sible to inaugurate the work. EARNING BIG SUMS, Gonceris Have Brought Over, $300,000 in Less Than 2 Years stars in various ficlds who report their annual income in six figures face another contender for financial | honors with the announcement that | Marion Talley, Kansas City opera ! singer, carned more than $300,000 | In less then two years from concert | tours alone. Concert Earnings $334,892 Part of the income of the young | soprano, who was 21 years old De- | cember 20, last, was revealed in a | letter to the Kansas City Star from | F. C. Copplcus, head of the Metro- | politan musical bureau and former | manager of M that her net carnings under his man- ! | t of 1926. This amount, Mr. Coppicus sald, | did not include Marion's earnings from her Metropolitan opera en-| gaagements nor her income from her phonograph record royalties. He explained that in reporting that| amount he had deducted all ex- penses except hotel accounts for those of her family, who accompan- fed her. Retires For Study Mr. Coppicus announced when Marion recently left the mtn- agement of the Metropolitan busi- cal bureau, which is not a subsidiary of the Metropolitan Opera, he ad- vised her to retire for a time to per- mit further study. “On Miss Talley's | recent concert tour the music critics of many cities suggested in their re- views of the representative concerts that Miss Talley should retire for a year or two in order to study,” he said, “I made the same suggestion to her.” | No statement was made by Miss Talley concerning her plans for the future, 8he only said that she did not ex- pect to appear in concerts this sum- mer following the close of the| Metropolitan opera season, Mias Talley, who studied a year abroad before her debut as Gilda in “Rigoletto” in New York in Febru- ary, 1926, when asked recently as to her plans, was quoted as saying: “Of courst, you see, I am a fatal- ist. It I go to Europe I will be pleased, but if T don’t go I will not be disappointed. I never worry about anything because I am & fatalist.” It was pointed out that from the time she first gained recognition while singing in a church here in 1932, she avoided a professional caroer on the plea she wished to study, and that her debut In New York was postponed a year for this reason. Marion is now represented by George Engles of New York, who succeeded Mr., Coppicus as her man- ager. | that ; CIVIO LEAGUE ADVISORS The teacher advisers for the Civic league officers and committees of the Central Junior high school have been announced and are as follows: Direc- tor of the Civic league, William C. French; assistant director, Miss Carolyn Btearns; banking, Miss Edith Mather and James Glover; bulletin, Miss KEstelle Molander; health and attendance, Misses lMarion Hoar and Ruth Jacobs; The former Miss Allard and her companion are alse anxious to raise money with which to enlarge their Chinese hospital which now more closely resembles & barn than an in- stitution for the sick and disabled. It is now possible for them at pres- ent te furnish medical and first ald treatment to & total of 10 patients. Almost invariably these who have been aided have had their interest in the religion and the practices of the nuns awakened to a degree that they have taken up & study of the faith and many conversions have resulted. It it is possible to extend this work, the influence of the order will be &roatly broadened, the nuns believe. Maintains Home For A home for the aged in which in- digent Chinese who cannot longer support themselves are given shelter, food and clothing, is also maintain- ed by the nuns with great success and has helped to make the order a weleome acquisition to the com- munity which numbers 300,000 Chi- nese and 15,000 foreigners. In addition to the work personally supervised by the order, the nune give of their revenues for the sup- port of institutions through the in- terlor which annually aid thousands suffering from tropical diseases, or who are made ill through poverty and privation. Local pastors have endorsed the ‘work of the religious order and have promised their assistance. Stster 8t. Phillippe and her com- panion will be in the city for several days at the home of Henry Allard of 14 Orange street, father of the local nus. _music, Miss Doris Bradley; scholar- ship, Miss Astrid Olson; traffic, Wal- ter Haley and Vincent Sala; boys’ athletics, Searle Brewster; girls’ ath- letics, Gladys Tarr; library, Miss Elisabeth Johnson; property, Hgrold Nelson; social, Misses Ruth Dunlap and Beryl Libby; pin, Miss Helen Whitmire and auditing property, Miss Mary Sanderson. KNOCKED DOWN BY AUTO aged 50, of struck by a sedan driven by Anthony E. Petraus- kas of Newington, on East Main strect, about 9 o'clock last evening and suffered a painful bruise on the forchead and an injury to the left leg below the knee. He was at- tended by Dr. A. L. Avitable and taken to his home by Petrauskas. Reporting the accident to the po- lice, Petrauskas said he was driving west on Edst Main street at the ap- proximate speed of 15 miles an hour and turned left to avold striking Diavukatis, who was crossing from the south to the north side of the street. The right front fender struck the man, however, and knocked him to the pavement. 13 AT BREAKFAST Washington, Feb. 4 (UP)—Thir- teen scnators breakfasted at the White House today with President Coolidage.’ The guests included: Republicans, Keyes, N. H.; Metcaif, R. I. Senator Johnson of California was invited but was forced to decline be- cause of a fire that partly destroyed his home. | Thomas I*. McDonough. would be made, sald: “T am not in the mood to talk about that now.” Mechanics after a cursory exam- ination of the plane said the en- gine was apparently all right Lut that the rest of the machine ap peared to be dameged beyond re- pair. Observers regarded the escape of the two pilots from injury as re- markable. Virtually all the glass cnclosed scction cf the plane was littered with it. KRCTIC CIVILIZATION PICTURED BY EXPLORER Stefansson Gives Interesting Address Before Chicago Club Men Chicago, Feb. 4 (A—An Arctic civilization with commerce and in- Talley. He stated | dustry thriving in the frozen north- lands was pictured yesterday by agement totaled $334,892, since her | Vilhjalmur Stefansson, explorer, au- | concert career began in the spring |thor and lecturer, in an address be- | | fore Chicago business leaders of the Executive club. The march of progress has ever teen northward, the explorer said, At present, Stefansson said, the expan- sion of civilization must be on north- | ward into upper Canada and Alaska. Winnipeg, he said, alrcady handles| more wheat than Chicago, Duluth and the Twin Cities corabined, and western Canada has only started to grow. Among the resources of the Arctic circle he mentioned oil, as yet unde- veloped but present in abundance, and gold, with vast acres of grazing land. The winter in the Arctic cir- cle is only one month longer than at Winnipeg and all the activities of Winnipeg are possible there. He pictured the cross-roads of the world in the great northern icelands with the shortest routes from Chi- cago, London and New York to the Orient by airplane over the north pole, | STEWART WANTS LIBERTY | Procession of Lawyers to and From ‘His Quarters Shows Move to Frec Him is Afoot. ‘Washington, Feb, 4 (#—A proces- sion of lawyers to the Willard hotel suite where Robert W. Stewart, the Standard Oil magnate, is held under arrest by an assistant senate ser- geant-at-arms, indicated today that some move was under consideration to obtain Btewart's liberty. In addition to his own attorney, several Washington lawyers with bulky brief cases visited the hotel, and on leaving one of them said that a move might be expected soon. Stewart is to go before the senate on a contempt charge unless he gets court intervention. “Hit and Run Driver” Crashes Bridgeport Man Bridgeport, Keb. 4 ®—A “hit |and run” automobile driver struck city | Robert Douglas, 43, of this early today, seriously injuring him. Douglas’ left arm was fractured, several ribs on his left side were fractured, and he suffered probable internal injuries. He is unconscious | at the Bridgeport hospital and is reported on the danger list. $3,000 FORECLOSURE SUIT Seeking $3,000 damages, fore- closure of & mortgage, possession of mortgaged property on Lafayette and the appointment of a receiver to collect rents and income from the property, Louis Steinberg of Hart- ford, through Samuel. 8teinberg, has brought suit against Gactano Fazzina of this city, and others claiming to have interest in the property. Con- stable Fred Winkle served the pa- pers. Katherine Grzyb has brought a foreclosure action against John and Maggle Grabowski and others. The property involved is located on Broad street. MUST PAY WIFE ALIMONY The payment of $8 4 week all- mony, for the next four weeks, or a jail sentence was ordercd by Judge L. P. Waldo Marvin of the superior court in the action of Katherine Kronesko Wolcz against Mike Wolcz. Both are residents of New Britain. Wolcz was given his choice of the courses open. Wolez was ordered to pay $10 a week when his wife divorced him, but he has been in arrears since May 29, 1927. An ad- justment s to he made in regard to that amount, it is said. Mrs. Wolcz has the custody of their two chil. dren. She was represented k Monroe 8. Gordon defended. HOOVER IN PRIMARIES- Washington, Feb. 4 (UP)—Sccre- tary of Commerce Hoover will be Bcnator Willls. the state’'s favorite son, If favorable reaction follows the Hoover move started by Representa- tive Burton of Ohio. entered in the Ohio primary against | |now living in Boston, they were confident that the marriage li- leense would be granted, although |the wedding probably would have to be postponed for several months. DESPONDENT MAN Kansas City, Feb. 4 UP—Young | oched into bits and the seats were | ATTEMPTS SU";I[]E f[AJss of Wile and Pain in Head ‘ Prompt Act | Despondent because of his wife's cfusal to live with him, and frant r suffered in the world war, Joscph Fitrzyk, aged 85, of 94 Com- mercial street, drank three ounce of iodine on Main strect last eve- ning and as the poisof began t make itself felt, he approached Su- pernumerary Officer William Cronin told him of his act. The officer brought him to the police station and Sergeant Feemey and Officers Hellberg and Brophy drove him to antidotes were applied successfully. It is expected he will recover. For some time after he was ad- mitted to the hospital at 7:30 o'clock; Fitrzyk was unable to talk about his act, but later he told Sergeant Feen- ey that his wife is living with her could not live happily with his mother-in-law, He was under treat ment for ear trouble, at Brooklyn Naval hospital and on being releas- |ed about three months ago he walk- ed tho strects of New York trying |to commit suicide by starving, but the authorities took him into custody and his wife brought him to New Britain. Fitzryk is recelving compensation |from the United States government, being classcd as & disabled veteran. Last evening he was in such a frame of mind he decided to commit sui- cide and to that end he purchased the fodine in a drug store and drank it on the impulse. REFUSES TO GET COAL, WIFE IS BADLY BEATEN (Continued From Iirst Page) Questioned by Assistant Prosecut- ing Attorney W. M. Greenstein, Wab- nig admitted having slapped his wife in the face, but when pressed furth- er he admitted that he punched her and pulled her hair. He mumbled something about scif defense against | her biting him. “She is not work- ing,” he said. *“She could bring up the coal. She's always nagging me, anyway. They have keen married nine years. | Judge Saxe imposed a fine of $15 and costs and told Wabnig he can- | not expect to smooth matters out by | assuming the attitude which result- ed in the ar Wabnig_replicd | | that he was willing to meet his wife half way and Judge Saxe interrupted | | to tell him he should go more than half way to keep peace in the housc- |hold, and at any rate he must not {assault his wite. Officer Hanford | Dart made the arrest about 5:30 {last evening on complairt. GOV. SMITH INVITED Is Asked To Stop Off At Montgom- ery, Ala., Capital of Senator Hef- | lin's Home State. New York, Feb. 4 (P—Governor Altred E. Smith today had an invita- tion from Mayor W. A. Gunter, Jr., of Montgomery, Ala., capital city of the home state of his antagonist Senator Heflin, to be the city's guest on his way to or from the democra. tic national convention at Houston, Tex., in June. The governor has not yet replicd to the invitation, but previous indi- cations were he would not attend the convention, The telegram of invitation read: “Montgomery invites you and the members of your delegation to come hy and stop on your way to or from |the democratic national conventioh | iat Houston. Wo will do everything! |in our power to udd to the pleasure| of your stay in the cradle of the| confedera | | Feb, (UP) ina Keith, 40. a widow, was |confessed to the burning of her il- | legitimate child in a stove at her| home. ‘ TWIN DAUGHTERS BORN Twin daughters were born at New RBritain General hospital today fo Mr. and Mrs. Loui Bryan of 245 |Arch street. a resulting from an injury | - McCUE WARNS SLEUTHS near Lafayette and Main streets and | New Britain General hospital, where | mother at 648 East strcet but he [slightly injured, not /. life was lost | {in the Not a single dwelling was burned, | |and there were no homeless refugees |to be provided for, | | he firc did not destroy any oper- | |ating mil nd only about 3,000 | persons were reported out of work | today. A comprehensive losses i repot disaste check-up of however, that early he magnitude of the not been exaggerated. ve buildings were com- ed. Twenty-five more seriously damaged. Approximatcly 100 stores, res- irants and similar establishments + cither in ruins or so badly | d as to render them useless. | wo hotels, with z\rtommodnt\ons‘ for 630 guests, were destroyed. ven banks were ruined by the | fdames. | | Oftices of at least | brokers and insuranc {burned out. 300 lawyers, men were | o i | | T0 KEEP NEWS LID ON! Detective Scrgeant Reminds Them | Ofticer in Charge Has Author- ity to Give Out Facts | | Aroused by the publication of the fact that a burglary had been com- |mitted in the Stanlcy Hotel on | Church street, after he had given assurance to the management that the matter would be kept away from | the newspapers, Detective Sergeant { William P. McCue, who is in charge | of the detective burcau and the po- lice school, gave the detectives un. | der his command a lecture last eve- |ning on the ways and means of {h.’mdling police news 8o that noth- |ing can leak out excepting that which the department wishes the public to know. He ix said to have | pointed out that the rule of the de- | partment is that only the officer in | charge bas the power to dispense |news, and because he personally obeys the rule, he is subjected to criticism by the press, No progress. has been made to-! wards placing the gulit for the ho-| tel burglary, so far as could be learned today. The hiding of the| report by Chief Hart and Sergeant| !McCue has given rise to numerous | ireports concerning the burglary, but so far as could be learned today, no arrests are expected. RADIO ROMANCE Singing Over Ether and Publicity Really Brought About Werren- rath's Match, New York, Feb. 4 (®—The mar- riage of Reinald Werrenrath, noted ‘baritone and the former Verna True Nidig of Chevy Chase and Washing- iton, was revealed today & ro- mance of radio and publicity Werrenrath has sung frequently over the radio, at times during the Atwater Kent hour. He thus became acquainted with the Atwater Kent publicity representative, Thomas Shipp of Washington, Shipp's wife was formerly Hope Nidig, a twin sister of Verna True Nidig, and the singer became ac- {quainted with his future bride on | visits to the 8hipp home. The Werrenraths were in Buffalo, N. Y., today where the singer ap- pears &t a recital tonight. He leaves next week to fill a series of southern engagements. WILLING T0 BAR SUBS Kellogg Says U. S, Would Sign Such & Treaty With All Powers of the World. Washington. Feb, 4 (P—Secretary Kellogg today advised the house for- cign affairs committee that the American government would be “willing to sign a treaty with al powers of the world prohibiting the use of submarine entirely.” Automobile Driver_Not Held at Fault for Death Derby, Feb. 4 (®—1In a finding is- sued today by Coroner EI Mix, William E. Hession of 31 Tenth street is held not criminally respon- sible for the death of ward J. McKeown, 47 of 21 Bishop street, New Haven. Hession was driving a car owned by Louis Krauss of Wash- ington, 1. C. last Saturday night and while going along State street at 9 o'clock he saw McKeown starting to cross the str He struck Me- BODY LI N § Edinburgh, Scotland, Feb. 4 M —The body of Field Marshal Eart Haig. who was born in the county of Fife and attained the highest command in the Dritish army, lay in state in &t. Giles cathedral to- day. | W. Hateh, F. MUTUAL INSURANCE FOR SCHOOLS 0. § (Continued From First Page) upon *Mr. Day's plan of installing | sprinklers in the schools and insur- ing under a mutual insurance plan. | In a statement which was issued for publication by a special commit- tee of underwriters several pointed |statements were made at Committee- man Day for his part in trying to bring about mutual insurance. one part of the letter the statement { was made that Mr. Day was making a frantic effort to justify himself after the fire at the lsrael Putnam school on Osgood avenue. The com- mittee consisted of W. G. Dunn, H. H. Shield, G. A. Quig- ley and R. G. Wilbur. Corporation Counscl opinoin follows: “Mr. Louis W, Young “Chairman of BSpecial School District “New Britain, Conn. “Dear 8ir: “Under the laws of the State of Connecticut, I can sce but one reason why it might be held that the school district has not the power to insure the achool buildings in & mutual company. That is, that & municipal corporation has not the power, unless given it by the legis- lature to go into the Insurance business. “I have made as extensive an ex- amination of the decisions of the courts in the various states of the union on the whole general subject as the time has permitted. charters of the various mutuals dif- fer, For example, in the case of French vs. City of Millville, supreme court of New Jersey, points out that the city did not become an owner of the capital assets of the insur- ance company, but was entitled only to share in the profits of the business for the current year, in much the Kirkham's Committee {same way that an employe might contract for a bonus, payable out of the profits of the company for which he worked, without becoming there- by a member of the corporation. “Probably the charter of the com- pany in which you propose to insure makes the policy holders members of the corporation, with power and authority to vote for officers and to receive their share of the profits of the business during the time which they are members and making them liable for their proportionate share of the losses, but limiting the liabil- |ity for losses to five times the amount jof the premium. ‘The achool district s authorised (and directed to provide and main- | tain school bulldings and this by im- plication authorizes it to insure the | buildings against loss by fire. Mu- tual fire insurance companies have been chartered by our legislature and probably the history of insur- -nce in Connecticut would show | that fire insuraace companies were the first fu the field. Our statutes | recognize forelgn mutuals and pro- |vide means whereby they may do | business in this state, We have & statute prescribing that mutual jcompanies stats in their policy the jamount of assessment in which the | members may become liable. { "It seems to mo that while the school district might be considered |as a matter of form of going into | the insurance business, it is a mat- | ter of form only, but that the trans- action in spirit and in its essentials 1s simply that the school district is roing into the business of getting ita insurance on as favorable terms as possible. “What the Connecticut courts would hold on a test case, I do not know. I think the chances are that they would hold that the contract that you propose making is not be- yond your powers. In the case of & loss, and you should be compelled to |sue the insurance company to re- cover your damages, my opinion s |that the Connccticut courts would |not hold that your contract was ul- tra vires, that is, beyond your power, and that you would be permitted to sue for your loss. Likewise in case of suit and the insurance company should claim that the contract was void, being beyond your powers, I think that a court would hold first that it was not beyond your pow. {crs; and secondly, that the insur. |ance company should not be permit- ted to make their claim in view of the fact that they had accepted your | premiums. In other words, that the |company would be stopped from |making any such claim. “However, on this point there are !good authorities to the contrary. |The supreme court of New Jersey has held that the city of Millville |had the right to insure its said buildings in a mutual fire insurance held here today on a manslaughter Keown who sustained a fractured | company located in the city of Mill- charge after she was alleged to have |skull which later caused his death. | yijje, | “The supreme court, state of Texas |has held that a city did not have | the right to insure under the work- men's compensation act eon the mutual plan. ““The supreme court of Idaho has held to the same effect in a fire in. surance matter. “The attorney general of the state Inj Thes | “Should you insure in & mutual, |vou should ask the city to appro- | priate a special amount equal to |five times the liability which you |would incur by insuring in this | particular mutual. Then in case of an assessment, the members of your committee could not be sald to have made a contract calling for an |amount in excess of the appropria- | tions, ‘The 1 legislature could put this {whole mi atter at rest by passing a law permitting municipal corpora- tions to insure in mutuals, where |the liability is limited. Such laws have been pased in several of the [states. “Yours very truly, “J. H. KIRKHAM;, Per Olsson, director of the' Bach | Male chorus, has roquested mem- |bers to meet at fhe Trinity Metho- dist church not later than 9:20 o'clock tomorrow morning. The chorus is to sing at the weekly merv. ice of Everyman's Bible class. John A, Anderson has purchased the gasoline filling station at Trinity and Bouth Main streets, from the Unity Petroleum Co. The plot is 106x112, Jacob Neubauer of 20 Brook street complained to Officer Fred Wagner yesterday that his dog had been shot, apparently with a shotgun. Work was started today on the laying of & new floor in the patroi- men's room at police headquarters. All wooden lockers are being remov- ed and will be replaced by steel lockers. A daughter was born at New Brit- ain General hospital today to Mr. and Mrs. Frank Grubar of 38 Win. throp street. Mrs. David L. Nair and daughter, Zecllle, will spend the next two weeks in Worcester, Mass. The members of the New Britain Dartmouth club will hold their luncheon meeting at noon today at the Burritt hotel. Routine business will be transacted. COASTERS RUN INTO TAXI Oue Boy Has Broken Nose, Com- panion Has Fractured Arm As Re- sult of Collision, Christopher Rosis, aged 10, of 26 8mith street, and Philmore Paulson, aged 10 of 14 Bmith street, were in- Jured about 4:30 o'clock yesterday afternoon when their sled struck the rear left wheel of & Yellow Cab driven by John A. Boyle of 756 Stanley street. Boyle told Detective Bergeant Ellinger he was driving cast on Broad street to bring two passengers to Grove street, and saw the sled come out of Bmith street on his left. He did not anticipate a collision and was surprised when he felt the bump of the sled against the wheel. He took the boys to New Britain General hospital. The Rosia boy has severe lacera- tions about the head, the face and the left foot, and his nose is frac- tured. His companion suffered a fracture of the right arm, lcera. tions of the face and Injuries to his scalp. Mayor May Not Call Meeting of Council ‘Mayor Weld is not certain he will call & special meeting of the common council next week, as he is to be requested to do, but does plan to have the members called for a special session sometime before the next regular meeting, he said today. Republican members are desigpus of having a gathering prior f the school board’s meeting of next Fri- day to make it possible for the suc- ceesor to George W. Trout to be elected in time for service at that meeting. Spanish War Naval Hero Dies at/Sailors’ Home New York, Feb. 4 W—Dr. John Tracey Edson, naval hero in the Bpanish-American war, died yester- day at Sailors’ Snug Harbor, Staten Island. He was 78 years old. He was a graduate of the na academy at Annapolis and the Col- lege of Physicians and Surgeons of New York. During the Spanish- American war he served on the United States gunboat Gloucester, and was awarded & government medal for meritorious conduct in battle for his efforts in rescuing the Spanish Admiral Cervera and officers of the Spanish flagship in the battle of Santiago. FORESTRY MEETING - Waterbury, Feb. 4 M—Experts in the_various departments of forestry were speakers at a joint session of the Connecticut Forestry amociation and the Naugatuck Valley Chamber of Commerce on forest, park and roadside development here today. READ HERALD CLASSIFIED ADS Feeney arrested Pomnichowska en Grove street, between Broad and | Lafayette streets the night of Janu- ary 28, after having observed that Pomnichowska's car was being driven unsteadily before it crashed against a tree. There was no ques- tion that the driver was intoxicated. Mr. Greenstein said. Judge Saxe told Pomnichowska he would be lenient with him because of all the circumstances in the case, but he should leave liquor alone while driving a car. “Your family needs your money more than yon need liquot,” he sald. | Abrahamson Bound Over | Richard D. Abrahamson, aged 3u. jof 179 Jubilee street, pleaded not Builty to the charge of indecent as- | A cault on two girls, aged 10 and 11 years, and after testimony had been offered by Sergeant J. C. Stadler, Dr. John Purney and one of the girls, Judge Baxe found probable caus: and bound Abrahamson over to the March term of superior court in $1.- 000 bonds. He was represented by Attorney Stanley J. Traceski, whoe chose not to have him testify. Information leading to the police investigation was received by Miss Ruth Bristoll, woman probation ficer, from a school nurse, and ac- cording to Sergeant Btadler, Abra- hamason admitted having taken four small girls to a theater and then to & clubroom on Church street and assauited them. for Four Yoars Bteve Piontk of 31 Richmond ave- nue pleaded not gulity to charge of breach of the peace and drunken- neas, Sergeant T. J. Feeney testified that he made the arrest about 11 o'clock last night on eomplaint of Plontk’s sister, who lives in another tenement in the same house. The complainant’s husband testified that Plontk has made a practice of com- ing home intoxicated and making a disturbance, for the past four years. Piontk denied that he was intox- icated or made trouble. He and his brother-in-law are jolat owners of the house in which they live and they have had disputes over the car- rying charges. Judge Baxe imposed & fine of $5 without costs, remarking that it was Plontk's first offense. On House Stanley Koipartis, aged 37, of 189 Hartfdrd avenue, charged with breach of the peace and drunken- ness, was represented by Judge W. F. Mangan. Officer Weare testified that he made the arrest at 2:40 this morning on complaint of Mrs. Koi- | partis. Kolpartiz was intoxicated and the upset condition of the house- hold indicated that someone had been on a rampage. Mrs. Koipartiz and her children were outside, afraid o go into the house, Kolpartiz testified that a man called on him last night and gave him two drinks out of a bettle. Mrs. Kolpartis had one drink and the caller had one drink, after which the latter left. About 9 o'clock another man called and made advances to- ‘wards Mrs. Koipartis, which aroused Koipartiz's ire and the racket en- sued. Judge Saxe warned Koipartis that if he is convicted again he will go to jall for a long tim He already has a suspended jail sentence hanging over him, and Judge Baxe said the reason he did not want to enforce it if Koipartiz would go to work and remain out of trouble. He imposed a sentence of 30 days in jail and suspended exe- cution. The non support charge against Antonia Zinowski, aged 48, of ¢3 Vetren street, Meriden, was contin- ued until Monday and will probably be nolled. Attorney V. J. Monkie- wics represented Zinowskl. | | while under the influence ot liquor when his car struck an automobile owned by the Auburn Transporta- tion Co. on February 2, according to the complaint of Martin H. Her- wits, recelver for the firm, who has brought suit for $500 damages It is understood that brough the car to & stop in that he might repair a tire chain. ‘The car was properly equipped with lights, it is alleged. The defendants’ car proceeding west, in the same direction as the plaintiffs car was headed, crashed into the Auburn Company’s machine, causing considerable damage. It §8 claimed that Gaitl was negtigent and that he was under the influence liquor. It is understood that parked car was of 50 feet by the pact. Ahiquist, whe saw machine approach, jumped out the way in the nick of time. A