New Britain Herald Newspaper, February 26, 1930, Page 2

2 NEW BRITAIN DAILY HERALD, WEDNESDAY, FEBRUARY 26, 193 MARIAN IN TOP TRIO 'SANTO DOMINGO OVER ORMOND COURSE ders W ers to disbar side a J und talists—their A band o nightsticks sw and munists £ Wa orner ¢ Offic MIGHAEL MURPHY, P. 0. CLERK, !]FAI] Held State Ofice FALLY IN'| REVOLT | nt Eapected o! o zood he opposition position to r i p No Will Not As! Doming told a t co Re 7. Santo Domin- prospects Domin- rebellious plutior o gover d shown ever American live mpron esign By the s0c e P) nited xelusiv will not resizn the Dominican ends to a remain in itution, id - fLice 0 the question of w indidate issues in th e present i for office cd to reply. N 1 e\ repor proside St Tis usually R gth nt rou Not 1 the T n from (dvisers on p i ind old spectacles and a ainly owed 7 H operation at Ba Yellow in imore, 1t gth surr t Dot Corridors Full of in tions). n Te- minic Horacio Vas- | gentleman of nd kindly Press co inte presiden- Republie, and he coun- which 1 ntil August hen he will he again, one ¢ surrcction view sident's bed was receiving his counse rogress at t & some from a pity well ed sct hite cts of og goatee loy o a ely his major Johns Hopkins hospital a ep chair frequently constitution ninican loyal The surprised, he ionists to ti he T ent blood: People bANK sTockHowDERs MAN BADLY BURNED 10 RECEIVE (BN CLA BESULTS SHELD 1o S HERALD A Tnsists On Lon Fruck s61,000 HASLONG CAB RIDE took soen onl ied hy |BELIEVE IT OR NOT e BUHER Duke” (¢ (On request, dressed en et clope, Mr. (Reg. U. oF DIAMONDS 1S THE CURSE of SCOTLAND of (v NROTE THE DEATH SENTENCE OF 2000 SCOTCHMEN ON 1T / A WHITE LAID GHORN HEN 3GS IR ONE DF ./ Owred by AUBURN | HAGGARD —of Topeka,IMd | HAS Imme Capt. Manu Swam Twenty Miles first pi EXPLANATION OF YESTER. DAY'S Across a Shai in the Hawaiian “Believe 1t Or Not” contest. On IFebruary 28, crossing the Molekai channel, Tawaii. ship, and realizing his plight started to sw ater infested with shortly before noon the next day. other through 1911, at 8:30 p. m. Capt. Manu's He was thrown 1arks. Manu's feat, with stamped, Ripley will furnish proof of enything depicted by him). 8 Pat. Off) Manu reached Kaena Point considering his advanced agc ad- PERCY. MEKINSTRY 39 MEN 1N 28 INNINGS < (Dbouble Header:, 5 CARTOON Infested Channel—This suggestion won | water, not noticed by the| the Island of of 77 yeai on is one of the greatest endurance tests and displays of grit and courage ever recorded in the history of the Pacific “Little Iz. breeding b a foul \\ur—mlrl Poland C and 4 feet 4 inches in height. <e” the 1.165 Pound Hog type Poland China hogs. Little Jake. Matt J. Long, of Elkatawa, K) TOMORROW—Where Women Are Noise questioned could cept that I head an nar fire fir 5, 10 the c Attorne Miss Ttoar I ary along of North Have believe the Mary Barbe learn and stor a short distance Ieeney hospital Woods Pa nothir Rarne ecial to son, I and W to th Place Plgured in Bootl H from R Prosccut Lccon P rd of 1 uestion Building Destroyed Hay [l omobils 1. aged War later I'ol plosion occurr the ches driver about N in where I hospital name as 1 His condition riou 1 1squal Wit police werd womar in Shed said e hefore interior. He later police stills from hi ing dead und identity Stills 1 Anoth 1 explosion ard he in the housc flames in the n an alary covered 1t ed in the Del o 20 gallon in a ralea’s daughter, had been At tor Alrs. who awa city days for s re- first she md in the her. The nd found she had the was tha Falea there morning charred hody f her 1 brother her where Flee persons, a4 man r children to th Sunday. Home and in stroet From a wife and next door, in night was burned on burned of the lhouse on nothing d no iden ~ MYSTERY BEVERAEE - FATALT0 GROGER, DEAD IN HOSPITAL Page) in rear Davenpor lical that or © police ho after Sergear.t stomer, left the SEA MONOTER IS SEEN NEAR [SLES tinued exani- death oth wer yonc say (o I'rom ¢ than 1t turn- | dis- | to teil Reel Carr 1w &5 and then 1 1o anyt 40-foot time to on believe failed or L tl bt © TAFT SINKING AND HOPE ABANDONED (Continued TFrom Lirst age) or death Friends bec failed to show days ago, the weaken: he returned Therc Asheville, N, ( a vuin effort may come sooncr. alarmed improvement he had con afte rallied from lition d which a ago from to regain ormer ring from recurrence of old b His is in a ion from his long fight against a general breakdown of His 1i also vated by the death Charles Taft, cral we goO. chief arterio f lerosis ndder ment heart his system cor was of his brother, i was foreed the suprer return from P ek in Taft s on his Cincint give up his 1o hencl the s00n neral Took Southern fu Trip e hospital | W into a then My took i Taft, th im since Taft e, Mrs ter-in-law left here i Robert last night week-end Mannin from Taft tice, here over Liis brother. 1lor preparatory Conn and the Itobert A riods lle, Taft. head town, sons, Taft, since Charles P. Taft the return Ashey DAY COMPTROLLER, COURT'S FINDING I (Continued From porary injunctions over t of Judge Thomas P. court of common pleas last day. He explained that an effort had been made to cation ut this impossible First Page) the ure the aet with a superior court judg having been found to h Judge Molloy acted accordance with statut by counscl. the conrt Day from ies of comp! Clark to records or office piained ord. cnjoir performing any of the dered o of th pertain n fillin release none hing th ul to the he w when a in month where he his is suf- and ail- weakened aggra- to his 1 Water- . was here several days have visited for from Molloy of 1ri- in communi- and or- ) \mlv,\ Lanai |, - s | has specialized in‘ the three-quarter ton prize winner, is ina of Liberator descent, and he measures 8 feet 6 inches in length ! in | | books, BY RIPLEY ‘ | Attorn little ship was rammed and sunk while |democrats,” into the im to Lamai, a distance of over | Contir “Mr. Can corporation senc of the treasurer clected, an Lawyer Calnen said: who s been counscl the st had advised the cit that Day was legally 1d papers signed by Clark should not be recognized. Day restrained from acting, and cannot perform, due to the & corporation counsel. New Britain a comptroll bills or salaric hecame due for that moves rull the a Th of without 1o of can i Blackali injune: relief. I , through 18 made a similar paid vesterda Mr. the ative Day to dissolve give alt d that Mr. v Gaffney I n today. “To give of the entir or a cl ma Han wer und er, T mi ford L. o 1 Comptro M. ( ptroll t various t . he assuir of Mr. Curti f the mayor. Mr. s dicl uary, and Mr. Clark continucd acting up until we court of common council k nominated Day as comptroll nd passed a resolution which was referred to the mayor, who vetoed resolution. It then came bac to the common council where no ac- tion was taken and the meeting ad- ourned. On the following night th resolution was passed over the veto. City Charter Quoted contention of plaintiff i of the cit follows:— of aid the common ame political former in- he person until his the Sectios hich AL es shall b 6 char- reads as vacancies in filled by council and from the ty from which tk bent was clected, and hosen shall hold office hall be clec any SUCCESSOr & ed and quali- “When the resolution was passed ng corporation counscl gave opinion to Mayor Paonessa th Section 6 was capable of tions, the first that, d that the successor 1 from the party which greater numl sor must Mr. ¢ D ich republican Question of Endorsement “Was Mr. Curtis a republica nings interrupted ' answered Mr. Cal lican but the noni- inated by You democrats. endorsed the Attorney Gaftney cut in. dou’t mean anything For all 1 know, the might have M. mean by “No, I kind. publicans the re- was Calnen’s answer. To bring the ue to the fol Mr. Gaffney reminded him that t | auestions had to do with dissoln of the injunction and he asked Calnen if he opposed dissolution “Absolutely,” was the answer. Blackall's Statement, Counsel for Clark, La addressed b is ion M Black- 1 court, next ay ing: Mr. Clark comptroller by inued to act until the Mr. Day. An injunction sued, restraining him from the books. When Mr. Day elected, he went to Mr. Clark turned over the office ceipt from MM was ap the mayor pointed acting and con- election of was then is- ove was who and received Day. The city clection does not take place until April, and in the mcantime the sit- uation is intolerable. Mr. Clark now asks that the injunction be dissolved, he wants to know if he is comp- roller. We more interested in pract than the legal phases the question.” Gaffney's Contention Mr. Gaffney was next allowed te his case. He said “Mr. Day and Mr. Clark have both made motions to dissolve. That's all merits of the mined in April, ex- I¢ ot cepting as they bear on the questions now before cur, and lifted. “The temporary you the con be Clark and Day injunction should injunction is two- fold, restraining Day from acting and Clark from turning over tha hools, but the sccond came too late. Day had already given a receipt for the on a form drawn by the cor- tion counsel. before h 1 with the injunction, de facto comptroller at the of the injunction. “This is an ex-parte hearing, but neither Day nor Clark received no- tice and no bond was filed. M. Taonessa, as zen and tax- paver, says he las suffercd ‘irrepar- injury.” 1 cannot see how. “The cffeet of th paralyze M por tine city finances so that Paonessa may personal nd keep Day satisfy out situation has ar mayor of the city 1 p the cit n has com This 18 sceen Iy, to try fir s here the title—it should ne been do Mr one have Iy quo Paoncssa should have n the to come he t the injunction be di; should have issued. Calls Situation Serious “The harm in this case, your hon- far outbalances the feeling of gratification. Everything points to the fact that the injunction shou be dissolve it is dissolved Mr. Day will issue the war situation will be cleared up. It is serious situation, but it has been brought down on the city by mayor himself. “Mr. Clark’s position can termined at the trial. The injunc- tion as a matter of fact does not af- fect Mr. Clark. He ready re- jeased the books. If Mr., Paonessa hias any cause inee, he can proper time."” At the suggestion of Mr. Gafiney, rney Camp made a bricf state- to the court, explaining olved. It never be de- bring it up at the A ment he in officials. condition with no the the action, but all city He called attention to the vhich exists in w Britain, comptroller to sign orders on treasurer, and suggested as possible remedies dissolution o e injunc- tion or having both Day and Clark sign the orders, Any Democrats in New Britain At this Judge tempted to pick out dispute File mayor's v WS @ point, tie Day over mitted, bui acting av-| of Judge Kirkham, who is out |answered affirmatively, adding: ¢ | Jennings smil of | cndorsed | turning | to| and was Angelo > injunction is to| Angelo ! varranto pro- | and ask | rants and the | il the | of action or any griev-| that represents not only the principals Jennings at- points in cl d Day “alnen ‘And legality. He asked if Curtis ar were republicans, and Mr. | Clark, too.” | “But you have some democrats in | New Britain, don’t you? ngly asked. ver Calnen made it ) ad suggested that | Clark and Day sign warrants, but Attorney Gaffney had objected. He then told of Mr. Camp's suggestion {o the mayor that Mr. Clark resixr and that the common council be convened to clect an acting comp- troller, and he asked the court how this 1ggestion could be reconciled with Mr. Camp's declaration that is no comptroller in New Britain today. Admitting that Clark en a receipt for the book Mr. Calnen said that he also has physical possession of the docu- | He suggested that the in- ction stand, but be amplified, that be recognized as the de 0 comptroller and At it e possible for him to release the order {on the treasurer. At this point, Judge Jennings made an observation that the were well covercd, leaving only a | question of law. He suggested that both sides present thicir arguments | or evidence as they saw fit. Lawyers Argue Case | ‘Aftorney Gaffney described the | suggestion that both men sign orders {as an “ingenious way” to have the issue decided. Day, he insisted, is| legally elected comptrolicr, and is willing to engage Clark as his as-| sistant and pay him, but will not clinquish the office to him. e peated his claim that the mayor now shown “irreparable injury. Lawyer Calnen responded by nting to the apparent doubt in the Judsge own both rl fac has \d of the corporation counsel at time the injunction was drawn 1 declared it to be the mayor's duty to have the issues determinecd in court when the payment of thou- sands of dollars of the city's money was concerned. Mr. Calnen called Day to the stand to put in evidence the fact that he 4s not furnished a bond, as is re- quired by city ordinances. Day d mitted this to be , explain that he had to take ca lof this requirement in the riod clapsing between his ele and serving o injunction papers. He also caused to be put in the | record the fact that Day has not ac- city hall office kept. Reference padlock on the comp- Mr. Day said he had not seen the padlock clasped in such 1 way as to prevent entry. Mr. Clark answered several formal questior his connection with l‘h‘ office was Cross-ex- amined. When Clark left the stand, Judge Jennings waited for further evidence and argument, and when neither was forthcoming, he stated: “1 fecl it is the duty of the peti- tioner to show a prima facie case to show why the temporary on should stand. This has not been done in this case, I will grani | both motions.” | Statement By Mayor Mayor Paonessa made the follow- atement after the court hear- ion s to the the books are was made to the troller's door as to and not | 1 have been justified bringing this matter before the for a decision, in view of its great| importance and doubt which | have existed and which would have {o he cleared up cventually. | “In my conversations with M | camp, it has been impossible for me {to get a clear-cut understanding | which would he safe from possible future attack on legal grounds, Mr. Camp admitting at possibility that Mr. Day was not legally elected. When doubt exist- ed in his mind I felt obliged, in conformity with my duties as mayor, |10 go higher for a ruling that would clarify the situation, once and for all. “In the an office as important as that the comptroller, it is essential that the person filling the position {and using the powers given by the charter should be doing so legally. “I have also felt that a man fully | of in the the few weeks of the fiscal which remain. To avoid interrup- tion, T asked Mr. Clark to continue in office, and my opinion as to the wisdom of this move is unchanged. “When a ruling by Mr. Camp, Monday morning. resulted in holding up the pay of city employes, I im- mediately took steps to have the en- tire question adjudicated to relieve | this condition. of these employes, time workers engaged through municipal employment hurcau, , particularly part- the were ible date. I1am pleased that to- |day’s decision overcomes this diffi- culty “I could had 1 i office, a ne expected opposition a democrat in the right which the city ordi- s gives me, but I made no such Mr. Clark, T regarded to proper man, and the fact that not the same political mysclf did not govern Had T disregarded Mr. Clarh five years of connection with the of- fice ‘of comptroller, and installed democrat, I would have been o criticism. Since I did not do so. I defy any critic to show that ar thing other than the city’s best in- terests prompted my action Will Remain on School Contrary to original plar Day will not resign his school boar:l | position but will remain in that place at least until the spring elec- tion. He feels that he would be of ervice to the department while the audit of the books is being ques- tioncd. It is the school committeeman’ contention that if he resigned he would put the city to the added in- convenience of calling a special council meeting to elect a successor | for one month. Mr. Day expects that excused from voting on any school board matter which may conflict with his duties as comptroller. PRIEST TESTIFIES have alled tempt I party a was of my proper Board he will be (Continued From First Page) vight repeal of the eighteenth {amendment Dr. Francis J lead of the psychopathic hospital in Cook coun- Gerty, T med to have been voided by il-|ty, facts | e brief | in which | injunc- court | all times the! acquainted with the work would be best position to carry on for year 1 realized that many | i | in need of their money at the earliest | open | Mr. | - DRY LAW FAILURE Tllinois, where Chicago is located, taking the stand before the commit- tee, said there had been a material increase in alcoholic cascs for both sexcs since the dry statute was en- acted. The commitlee is considering bills and resolutions proposing repeal of | the prohibition amendment or modi- | fication of the dry statute in onc form or another. Today's session was the next to the last to be held for opponents of prohibition. Short- 111 friends of the dry laws will have {an opportunity to be heard. says Constitution Violated Dr. Butler's statement asserted the cighteenth amendment had Vio- lated the constitution, while Dr. !Irwin's brief said its author had ‘br‘cn unable to see any benefit un- |der the prohibition law, | “That this iniquitous amendment he nullified is my earnest prayer, |the Irwin statement said | When the renewed their tacl the dry laws they presen ed the statement from Nicholas M | ray Butler demanding outright re peal of the eighteenth amendment on the ground that it constituted an |invasion of the constitution. | Tnable to Appear Personally Dr. Butler, long an outstanding figure in the educational and politi- cal world, was unable to appear per- sonally and Chairman Graham of the committec had his statement incor- | porated in the record. The university head urged a re |turn to state control of liquor, con- tending this would not be difficult as state statutes dealing with the ques- tion again could take forer Immediately after state was presented, Dr. Francis J. G charge of the Psycopathic pital of Cook county. Illinois, took stand. He was the first of a long list expected to appear. Others included W. W. Atterbury, president of the Pennsylvania railroad and re- publican national committeeman from the Keystone state, and Pierr S Du Pont of Wilmington, De ware, chairman of the board of tI E. I. Du Pont De Nemours & Co. and a promincnt personage in finan- cial affairs. | Gerty's testimony delayed homentarily by the reading of a statement from Wallace Irwin, a member of the authors and artisis commitice of the association against the prohibition amendment | “Submission to tyranny moral nny itself, statement “Bu against the unjust alien authority, there would have been no United States of America. Unless there is strength to bring about an henest revolt against the tyranny of a fana- tic minority, the United States of America cannot endure as the frec country of a free people.’ Hopes For Nullification Trwin in his statement said he failed to see any benefit from pro- hibition, adding: “That this iniquitous amendment be nullified is my dearest prayer Graham, after Irwin's statement had been read, sought to introduce into the record a statement from Senator Sheppard, demgocrat, Texas, one of the fathers of the dry amend- ment, along with a resolution passed by a W. C. T. U. organization in Texas, opposing the hearings. The committec, however, declined to per- mit it to be filed at this time, de- | ferring action until the advocates of the dry law are heard after the wets conclude their side of the picture, With remark, “Now that are much perturbed about condi- | tions in Kansas, I'll ask the clerk of the committec to read a news item from Kansas City,” Chairman Gra- ham handed a clipping to the clerk The item went on to say that four seventh grade school boys had set up a speakeasy with liquor found in a cache in the bascment of building. One of the boys, it said was 13 years old, and three of them were 16. They were to sell the liquor at a price to be fixed by tie buyer, because the profit would have been 100 per cent anyway, Representative Michener, republi- can, Michigan, objected to placing the item in the records. He said he had received hundreds of clippings on the prohibition question since the hearings began two weecks ago, but that he did not feel they contributed to the evidence unless substantiated by reliable witnesses. Pastor Denies Charges A letter from Rev. Charles S. Me- Farland, of New York, secretary to the federal council of churches, denying the charges made by Henry B. Joy, of Detroit, last week that {hat organization had contributed to |the clection of Representatives |Cramton and Hudson, rcpublican drys of Michigan, also was read by |the clerk. Mclarland advised Chair- !man Graham that his organization [nad a policy which prevented parti- cipation in elections. presentative LaGuardia, repub- lican, New York. objected to the in- sertion of the letter in the record until the drys were heard. AGTING COUNSEL OUSTED BY MAYOR (Continued From Tirst Page) \0 r- the nt rty, hos- the 1- was is as b Irwin's revolt as tyr s for the we to committees of the com- mon cotncil and has prosented and defended city cases in court. Camp, the former Attorney Margare rkins, and Harold N. Williams ot the offices of IKirkham, Cooper, | Hungerford & Camp also acted similarly. Neither the charter nor the city | ordinances make provision for an | assistant or a deputy in the office | of the corporation counsel. Section | 1, Chapter 34 of the charter, reads as follow % %% Additional counsel to as- sist the corporation counsel may be employed only by the consent of the mayor ¢ # «." Mayor Paoncssa that no consent has been given by him for the employment of Mr. Camp to fulfill the duties of Judge Kirkham's office during his absencr According to the mayor, the only lawyer authorized to represent the city in such matters is Attorney John Robinson of Hartford, who was engaged by Judge Kirkham with the consent of the mayor, to defend the | municipality in a $15,000 damage | claim Dbrought by A. E. Bowers of East Berlin in connection with pollu tion of Mattabesett river. Lawyer | Robinson’s authority is limited to this case, the mayor also stated | adviser has explained