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t ALL THE MEWS THAT'S WORTH PRINTING ALL THE NEWS THAT'S WORTH PRINTING Established A. D. 1790 Vol. C XX VII gyygjgyg ag tcfV BRIDGEPORT, CONN., FRIDAY, JULY 23, 1920 SSSSS "4? ff SHE ISSS? Nw Series Vol. CXXVIII No. 5726 COURT DECISION SUSTAINS THEJITNEYS TROLLEY ASKS EVEN CENT FLAT FARE i i I Hearing On Company's Application Next Thursday Flat Rate Place Of Present TrolleyZoDe Plan General Plan is That the 7 Cent Rate Shall Car ry a Passenger Three Miles From the Center of the City Public Utilities Board Sends Out Notice of Hearing on the Application. The Connecticut company has asked authority from the Public Utilities Board of the state for permission to impose a flat rate of seven cents in the cities of the state in place of the zone system, the distance however not to include all of the dis tance formerly ridden over for five cents. The Public Utilities board has ordered a hearing on the application of the company at Hartford next Thursday, July 29, at ten o'clock. The petition of the company and the order of the board is as follows: In Re Petition of the Connecticut Company for approval of the following proposed schedule of rates over entire sys tem (except New London Division), in substitution for present system of collection and fares. 1 Flat rate fare of 7 cents in substitution for present dis tant tariff. 2 On all short city lines flat rate to apply to entire line. 3 On longer city lines fare limit to be located at a point not less than three miles from traffic center of the city. 4 On all rural lines fare limits to be located approxi mately 2.8 miles apart. 5 -Transfers given to all passengers from and to points not more than 2 1-2 miles from traffic center. In the above entitled matter it is ordered that same be heard at the office of the Commission in Hartford Room 41, State Capitol on Thursday, July 29, at 10 o clock in the fore noon. Dated at Hartford. Conn., this 21st day of July 1920. By order, Public Utilities Commission, Henry F. Billings, Secretary. The statement of the company fol low: "In order to meet Increases in coat of operating the street railway ser vice The Connecticut Company must obtain a greater revenue. The pay rolls for 1920 will be one million dollars greater than last year due to recent advances in rates of pay. Coal which cost $4.00 per ton a few years ago and $7.00 per ton last year Is now selling for $13.00 per ton and at times even more. ' "The authorities In the various cities where efforts are being made to restrict ruinous jitney bus compe tition have asked us to return to a flat rate of fare collection and we are, therefore, proposing a seven cent flat rata of fare covering the largest portion of each city area, but not in cluding the entire areas falling within the old five cent fare limits. "As we are now obtaining fares of eight, ten and twelve cents from a large number of the passengers whose payments will be reduced to aeven cents it is clear that no lower rate will produce sufficient revenue. We have no means of determining whether the seven cent rate will be high enough, although It is possible that with a restriction of ruinous Jitney bus competition and a large uee of the cars we may able to establish a lower rate. "Every effort will be made to re tain service upon all the lines now operated Including all thoste in the country areas, but of course, suffi cient revenue must be obtained to meet the cost of operating the cars." The seven cent flat rate as proposed by the company does not mean that a( person may Tide anywhere within city limits for seven cents. It means that on all the short lines within the city the fare of seven cents will apply to the entire distance covered by the lines. In the case of the longer city lines, however, the fare limits will be (lo cated three miles from the trafflo center of the city, so that a person may ride, according to the notice given by the company, anywhere in side a zone whose radius is three miles from the centre of the city for seven rents. On the suburban lines the fare limits in each case will be located two and four-fifths miles apart so that the fare to New Haven would be approx imately 42 cents. In the matter of transfers the com. - pany is to give transfers free to all passengers riding from and to points not more than two and a half miles from the traffic center of the city. The plan as proposed would do away almost altogether with the present zone system, though some of the features might be retained. In -He absonA of datatlart Infnrp- To Take of Just what the company's plans are. however, it is probable that the con ductorn would collect the fares as in the old days, collecting again when the cars passed the zone limits three miles from the center of the city's traffic. In Bridgeport the new plan would probably mean a seven cent fare for all of Bridgeport proper as most of the city would be included in a zone with a center at Main street and Fairfield afenue and the radius three miles '"from that point. TELEGRAPHERS REJECT AWARD Chicago. July 22 Heads of the great railroad brotherhoods today were divided in opinion on the course of action which should be pursued as to acceptance or rejection of the $600,000,000 wage Increase granted by the railway labor board. At the close of an all night session, at which no agreement was reached on a plan for concerted action, six of the brotherhoods, In addition to the masters, mates and pilots of America, had expressed themselves as favora ble to acceptance of the award in its entirety, seven favored referring the question to the unions with recom mendation that It be accepted; two were undecided, and the Brotherhood of. Railway Telegraphers had decided to reject the award and was said to be preparing for a strike ballpt BEARDSLEY AS HEAD OF FIREMEN Chief Ianlel E. Johnson of the Fire Department started on a two weeks' vacation this morning and Assistant Chief George F. Bea.rdsley will be acting chief of the department until Johnson's return to duty. Chief Dan will Attend the International Fire Chiefs' Conference which will be held in Toronto. Ontario. Canada, from July 26 to July 30. He will leave for Canada on Saturday. One small fire that did only slight damage called out the firemen last night when a three story rooming house at No. 8 Gilbert street caught fire as a supposed cause of ignition from a oarelessiy tnrown cigarette. The house was owned Kalman Goldbej-ger of Water street, who was arrested on Monday charged with profiteering for selling potatoes at an excessive profit. VAXDERB1M1 SERIOTJSLY ILL. Paris. July 2 2 William K. Vander bllt is in a critical condition. He is reported to be slowly declining, suffering from heart trouble with complications. He was taken ill at i ... ii An-ti i s; HARDING TELLS WHY Republican Candidate for President Formal ly Notified of His Nomination Speech of Acceptance Attacks Wilson and Foreign Policies. Marion, O., July 22 The Republi can campaign attained full speed ahead today with the formal notifica tion here of Warren G. Harding, the party's nominee for the presidency. The ceremonies which brought to Marion most of the big party leaders and many thousands of enthusiasts, included an acceptance speech by Senator Harding interpreting the Chi. cago platform and declaring the prin ciples on which he expects the cam paign to be fought out. At' 7 o'clock in the morning a noisy aggression of Marion citizens that looked like half the town led off with a demonstration. To their acclaim the senator played the leading part in a flag raising, pulling the Stars and Stripese to the top of a weather beaten McKinley flag pole sent here a few days ago from Canton. Delegation after delegation with bands blaring and colors flying fol lowed up to the Harding front porch as 30 special trains and thousands of automobiles unloaded their contribu tion to the crowds. Not content with showing themselves to the nominee they marched and counter marched through the city. The Marion Boosters cheered the Senator until he consented to make a short talk, thanking them for their show of neighborly interest and en thusiasm. "I cannot let you go without say ing how deeply I am touched by this tributo from the home folks," he said. Members of the Hamilton Club of Chicago, came up singing Good Morning, Mr. Harding," fashioned after the army march ing song. "Good Morning, Mr. Zip," and presented the candidate with a resolution giving him honor ary membership in the club. In re sponse he declared there ought to be a similar Republican organization in every great city. "We do not give enough attention to our politics," he added, "for googl government ought to be the first bus. iness of e'very citizen And I think we do not pay enough attention to party; in this country we had too much of the rule of the individual and not enough of the rule of great masses. I am especially proud to be a member of your club because it bears the name of the man who to my mind was the greatest constructive American statesman that ever lived." A pledge of constitutional gov. ernment, administered by party, and not by individual, and based on national rather than world ideals, was given by Warren G. Harding today in formally ac cepting the Republician nomination for the Presidency. He welcomed a popular referen dum on the League of Nations, ad- I voeated increased production to cut the high cost of living, pleaded for obliteration of sectional and class conflict, and declared for industrial peace "not forced but inspired by the common weal." Prohibition he gave only a passing notice, saying that despite divided opinion regarding .the Eighteenth amendment and the statutes enacted to make it operative, there must be no evasion in their enforcement. He declared it his "sincere desire" that ratification of the suffrage amend ment be completed to permit women to vote this Fall in every State. Reviewing and commending briefly many other planks of the party plat form, the candidate declared for col lective bargaining for farmers. re pression of the disloyal," "generous Federal co-operation" in rehabilitat ing the railroads, intelligent deflation of the currency, enlargement of gov ernment aid in reclamation, a genuine expression of gratitude to veterans of the World War and maintenance of an ample navy and "a small army but the best in the world." In his promise of "a party govern ment," Senator Harding reiterated his belief that the Vice President should have a part in the affairs of the chief executive's official family and declared there also should be "a cordial understanding and co-ordinate activities" between the executive and Congress. Min.liii.il 1-Poir. W-i &V. t 1 LIVED HERE jWissMSj minimi ii n wsss inn swi Mrs. William Mayhew Washburn of New Tork, formerly Miss Elizabeth Clarkson, who with her husband lived in Bridgeport, well known in Eastern society circles, is the latest woman to be mentioned. She re ceived a. check for $200 as a wedding present from the turfman and 'whist king." SHAMROCK IS SENT TO A DRYDOCK Sandy Hook, N. J., July 22 The cup challenger Shamrock IV was towed to the Staten Island Ship building Company's plant today to be drydocked and have her underbody cleaned in preparation for the fourth race with the American defender Resolute tomorrow. The contest yesterday in which the two sloops went over the thirty mile course in exactly the same elapsed time, has added interest to the next race. Captain Burton, Designer Nichol son and Navigator Claude Hickman of the Shamrock, were especially "pleased with what they agree was a wonderfully fine race yesterday even if the challenger lost it on time al lowance. "Resolute is a fine oat," said Mr. Nicholson, "and Herreshoff has de signed a craft that goes better to windward than Shamrock. On the run home before the wind yesterday the sloops raced along beam to beam as if they had been locked together. It Svas a fine race even if we did lose it." The race tomorrow will be over a triangular course ten miles to a leg. Shamrock is expected to force the Resolute to the limit, as the legs -of. the race will be reaches at which point of sailing the Ljpton sloop has shown to her best advantage. PRIEST HELD IN AUTO ACCIDENT Meriden, July 22 Fire Chief John F. Donovan, while marking crossing lines at Main and Colony streets, this forenoon, was struck by an automo bile driven by the Rev. Francis Feeley of New York City. He was thrown against a lamp post and his left leg fractured in two places. He was taken to the hospital and Father Feeley or dered to appear before court on Fri day morning. With the clergyman In the car was Miss Anna M. Mc Carthy of 2 8 Park street. New Haven, who owns the machine, and a Misa McKeown of the same address. Father Feeley did not have an op erator's license, but Miss McCarthy did. POLES FEAR REDS AIM AT WARSAW Warsaw, July 22 The menace to the Polish capital is becoming serious through the defeat of the left wing of the Polish army. The battle front runs 400 miles on a fairly straight line north and south, and is about 125 miles east of Warsaw. Since the attacks of the Bolshevik! against Vilna on July 14, the Polish left or northern wing has been com pelled to hasten its retreat and the T Bolshevik! have been following it with a daily advance averaging 15 miles. In three weeks the Poles have retjred from the Beresina river to the Nie man, a distanc of more than 188 man, a distance of more than 180 men and the Vistula, which follows through Warsaw, is about ljjp miles. Launceston, Tasmania, July. 21 The Prince of Wales arrived here to day but was unable to reply to the address of. welcome because of a slierht attack of laryngitis. His physician has forbidden him to us-; 1 Vi ' ti vrtif,. woMENOFijudge Banks Says IUUMY SHIN Fairfield County Pledges Against the Republi can Party on Suffrage Announced One Gift of $1,000 is Withheld. The following Republican women of Fairfield County have signed the pledge not to help the Republican party until the SuffraE Amendment js ratified: Mrs. James iStokes, Ridgefield; Miss Mary Olcott, Ridgefield; Mrs. John Adams Thayer, Westport; Stone Pmneo, Norwalk; garet S. Wilson, Norwalk: Brooks, Norwalk; Mrs. Adams, Norwalk; Mrs. J. Miss Dotha Miss Mar Mrs. Percy Spencer S. Milton Co- burn, South Norwalk; Miss Louise B, Bigelow, Newtown; Miss Alice C. Jul son, Stratford; Mrs. Nellie M. Camp bell, Stratford; Mrs. A. E. Kingsbury, Bridgeport; Miss Edna Sohoyer, Ridigefield; Miss Nellie J. Leslie, Stratford; Miss Helen Louise Peck, Stratford; Miss Katharine Barry Langaettel, Westport; Miss Caroline W. Lawrence, Glen'brook; Miss B. Frances Phillips. Glenbrook. Litchfield County Mrs. John L. Buel, Litchfield; Mrs. Frank B. O'Neill, Woodbury; Mrs. John C. Brinsmade, Washington; Mrs. Lester D. Brown, Lakeville; Mrs. C. E. Hough, Washington; Mrs. H. L. Bis sel, Litchfield: Miss E. W. Hartland. Woodbury. New London county Mrs. George Maynard Minor, Waterford; Mrs. William Norton, Norwich; Mrs. Al bert H Chase, Norwich; Miss Louise B. Meech, Norwich; Mrs. H. W. Jacques, Waterford; Mrs. Harry B. Hunt, Niantic; Mrs. Arthur H. Myers, Mystic. A well known Republican, to show his approval of the women's course, has signified that he is withholding a $1,000 contribution to the Republican party until the Anthony amendment has been ratified. Mrs. George Maynard Minor of Waterford, who was recently chosen president-general of the National D. A. R., and Mrs. John Laidlaw Buel of Litchfield, leader of the Connecti cut D. A. R., are among the signers of the pledge. Wives of several mem bers of the General Assembly are also included in the number. By coun ties some of the well known signers are: STANLEY GETTING STATEMENT READY President John C. Stanley of the Boara of Police Commissioners, has as yet prepared no statement in answer to the allegation made yester day afternoon by ex-Assistant Super intendent Charles S. Suckley, in which the former officer declared that it was "a commissioner" and not "the commissioners" who ordered him to "get" Captain Edward O. Cronan. Mr. Stanley said this morning that he is preparing a statement, but it Is not ready to be made public as yet. The commissioner refused to com ment on the situation. No definite date has been fixed for a meeting of the commissioners, but it is expected that the Suckley matter will be taken up at the first session of the board. Suckley could not be located this morning. Governor Cox Coming New Haven, July 22 Gov. James M. Cox of Ohio, Democratic presiden tial nominee, will ccme to New Haven next month to attend the ratification celebration now being planned by the County Sheriffs' association, the local Young Men's Democratic club and the Gabrielle d'Annunzio Democratic club, it was definitely announced last night. Sheriff Thomas L. Reilly returned yesterday from Columbus, O., where he saw Gov. Cox and invited him to the ratification meeting. The gover nor, it is said, may make two trips to New England, and probably will come here about the middle of next month. ONE LICENSE TODAY. Only one marriage license had been issued at the Bureau of Vital Statis tics up to a late hour this morning. The one license issued resulted in. a hasty marriage. Andolffo Rubestuso, 42 years old, of 207 North Washing ton avenue, took unto himself a bride of the same age. Miss Helen Micolena, of 90 North" Washington avenue. The couple were married by Justice' of the Peace Howard Dunbar who tied the knot in his offlfce immediately after tli. ""'nlo vsri ohta.inffd their-paper rw UlUlUdULL I dLU By Cityjs Void Council Exceeded the Power Granted The Mo tion to Dissolve the Injunction is Denied and the Injunction is Continued in Force Until the September Term of the Superior Court. Judge John W. Banks in the superior court today de cided that the city ordinance passed by the council, driv ing the jitneys off the main streets, is void and he denied the motion of the city that the injunction granted the jit neymen restraining the city from enforcing the ordinance be dissolved. He ordered that the injunction granted to the jitney men be continued in force until the September term of the superior court. The reason of his finding is that the council exceeded the power given it when it passed the ordinance in that it delegated to the police commissioners the power to license and fix the traffic routes. He upholds the contention, however, that the council has the right to fix traffic routes, but holds that in this case it went beyond its powers. The finding in full follows: PARK CITY BUS ASSOCIATION, INC. VS. CITY OF BRIDGEPORT SUPERIOR COURT, FAIRFIELD COUNTY. July 22, 1920. MEMORANDUM UPON MOTION TO DISSOLVE TEMPORARY INJUNCTION The question here involved is that of the validity of an ordinance adopted by the Common Couneil of the City of Bridgeport on July 12th, 1920, amending an ordinance adopted on June 23rd, 1919, dealing with the subject of the regulation of the operation of public service motor vehicles in the City of Bridgeport. Counsel for both parties have agreed upon the facts, waived any technical question as to the right of the plain tiff to maintain ihis action and have united in asking the Court to pass upon the fundamental question involved in order that it may be speedily determined as the important public inter ests involved and the exigencies of the situation require. The facts beingv undisputed the sole question to be deter mined in this proceeding is one of law, to wit: .Whether the ordinance is a valid exercise of the legislative powers of the Common Council. The question submitted is one of munipal power, not policy. With the latter the courts have nothing to do. They cannot overthrow ordinances made by competent au thority merely because in the opinion of the judges they are un wise nor can they sustain ordinances made without authority merely because they may approve of the result sought to be accomplished. Neither are the courts concerned with the mo tives of the city in adopting the ordinance. The powers of a municipality are only such as are con ferred upon it expressly or by necessary implication. The leg islature may authorize it to exercise within its territorial limits certain governmental powers of the state and when the local legislature in strict pursuance of the authority given by statute enacts ordinances these ordinances are operative as law by force of the statute. The statute which specifically vests such authority in this municipality is the City Charter. Section 53 I of the charter provides that power to enact ordinances: "Relative to the restraint of all kinds of animals and vehi cles and street railway cars and the control of the same in their use of the streets." "Relative to hacks, carriages, carts, trucks and other ve hicles and the places where they shall stand and the price for the transportation of person and property therein." . "Relative to licensing cartmen, truckmen, hackmen, butch ers, bakers, petty grocers, hucksters or common victuallers, under such restrictions and limitations as said Common Coun cil may deem necessary and proper." These charter previsions powers to regulate traffic in generally neia inai in tne ansenee oi special statutory restric tion the municipality may enact valid ordinances regulating the operation of jitneys and motor busses requiring them to be specially licensed and to submit to various restrictions. There is therefore no merit in the plaintiff's claim that the or dinance is unconstitutional because of unfair discrimination in the use of the public highways. Nor is the ordinance invalid because it revokes the permits which have been issued under the ordinance of June 23rd, 1919, since such permit is a mere privilege or permission and is in no' sense a contract or prop erty. Burgess v. Brocton, 126 N. E. 456 These charter provisions are not, however, controlling as to. the validity of the ordinance in question since a later en actment of the legislature deals directly with the subject and the charter provisions in so far as they are inconsistent with the later statute must give way to it. Section 30 of Chapter 233 of the Public Acts of 1919 pro hibits any municipality from adopting any ordinance respect ing the regulation of motor vehicles except that any ordinance CContinued on Page Eight) the Common Council shall have give the common council broad the city streets and it has been J