Norwich bulletin., 1911-11-08
WAS ADVISED INJUNCTION
 HAD BEEN VACATED.
State Treasurer Lippitt So Testifies in
 Contempt Proceedings.

The contempt proceedings instituted EX Clarence Deming OF New Haven and other taxpayers against Comp troiler Thomas D. Bradstreet and State Treasurer Costello Iippitt based on an alleged violation of an injunc- ton issued by Judge Williams July 19 restraining the comptroller and state u casurer from paying $500 each to II newspaper legislative reporters. were resumed in the superior court at Hart ford Tuesday before Judge Greene. New answers were made by Attorney General Light on behalf of the defend ants Tn substance they denied that the comptroller drew his order in dis obedience to the injunction and that he acted under advice of the attorney general who declared that the lesis- latVe oroer was not in violation Of said injunction. that the state treas urer believed it his duty as an execu- tive officer to make the payments, as the attorney general had advised that such action would not be in violation Of the injunction.
 Original Records Required.
 Attorneys Daggett and White of New Haven represented the plaintiffs Immediately after the req ding of the complaint and substitute answers Mir DaEgett called Deputy mptrolier r. C BisseH to the stand and examined him regarding the details of the trans action with the reporters. Searching
 
 presenta ton of the claims. the method Of filing them, etc. Attorney Da gg cit then asked for the records. The at torney general presented certified copies but counsel for the plaintiffs refused to accept them. After hearing arguments from both sides the court ruled that the original records be pro duced in court. Deputy Comptroller BiSSeH on being asked how long it would take te get them replied that he would have to advise with the comptroller before answering He left the witness stand to consult with MT. Bra dstreet and upon returning nounced that the latter declined to al low the records to leave the office. The court asked why. and was informed tE@t such procedure was unusual. whereupoD Judge Greene replied tlIs the case was an unusual one and that h. would disregard the custom. The attorney general then announced thai the ruling of the court would be fol- lowed
 Tn resurning his testimony the dep uty in reply to questions said that the blank forms upon which the claims of the reporters were presented had been Robert J. Woodruff Of New Haven. He then left the stand and went to the capitol for the original records.
 Stipulation Admitted.
 Attorney Woodruff was then called. He testified that he appea red in the original proceedings fer II reporters and filed stipulation which was to be used only in the injunction pplica- tion- The stipuIat tion was then pre- scented by Attorney Daagett. but the general objected to it's intro cuctief on the ground that the de- were in no sense bound by il. Counsel for the plaintiffs then undertook to prove that the defendants had know leoee or IL He said it's object was 10 srevent the issuing of the injunction. The court ruled that the stipulation Of the reporters might be admitted at this time merely 10 prove Knowledge oe the fact The attorney general then asked that an ~~ception be noted.
 It was brought out that the defend ants consulted with the attorney gen ersL who said that the injunction would fail fiat owing to the repeal of also shown that the reporters claims Tor services were all in the handWrit- ing of Attorney Woodruff. The hear ing was resumed at the afternoon ses- sion.
 State Treasurer's Statement
 At the afternoon session Trea surer LIppitt went on the stand. MT Lippitt 1lsclalmed any intention of viola ting the injunction and said he had acted on the advice of the attorney general He stated that he had told his deputy MT Marsh, of Winsted, that the senate resolution eff April had been rescind- cd and that he had been advised by the attorney general that the injunc- ton had been vacated. His deputy he said, paid the claims without further instructions from him. He had not consulted. he said, with the attorney general on senate resolution 133 and that he had not seen the resolution un- -il after the payments had been made. lie also said that he never had any IF rttmation of the stipulation filed in behalf of the reporters until he heard bout It today He had left, he said. all matters pertaining to the injunction 10 the attorney general who he bought was competent to take care of hem.
 MT. Lippitts testimony closed the -akins of evidence and the making of 1 arguments was begun. Mr Daggett of sounsel for the plaintiffs opened the regiments taking up especially the csal scope of the original injunction nd urging that it was practically in ! ull force notwithstanding the rescind- ng order He laid stress upon the 1 character of the stipulation as being 1 nforna tive in the case of the comp roller and treasurer on the point Of 1 inc reporters being in the suit. He isO cited legal cases to show the scope 1t iniuncticns and asked that in case contempt was found the comptroller | md treasurer he fined enough to re- | 'ay the state for the payments and the | .osts
 Attorney General Light in his argu- | nent for the state officers spoke some l what briefly. He asked the court to | consider seriously whether the injunc- lon was not by strong implication at l east aimed at the senate and there ere void. He emphasized the general | egal policy of keeping separate the | xecutive and jedicial departments and | alied attention to the action of the | comptroller and treasurer before the | 'ayments were made in asking advice | f himself their natural and legal l under the statute
 Henry C. White closed the case for he petitioners. saying that he desired 1 o go right to the substance of the | hing, which he said indicated plainly trick and strata gem to avoid the in