Republican farmer., 1920-07-23

came after o'clock the city had re- sumed practically it's normal aspects before bedtime. The theatres attract ed thek usual crowds, the streets pany, and asked if it was not true that the measure was put through only after the Connecticut Go. had agreed to continue to operate if the ordinance was adopted.
 Comley replied that the ordinance was passed following an ultimatum delivered by the traction company, to the effect that service would be dis continued unless the jitneys were withdrawn from the streets.
 'sIsn't it so, that the ordinance was framed in order that the Connecticut Co. should not withdraw its cars?" incurred Klein. 'As a matter of fact neither the buses or the trol- 1eys alone can carry the people of Bridgeport
 The city attorney would not agree to this last statement, on the grounds that it was inference which could be drawn by the other side as we'll.
 In opening his defense of the in junction which was granted the jit- neymen, Judge Robert E.. DeForest declared that the only question was whether the temporary injunction would be upheld until the September term of the Superior Court, at which time the case will be considered.
 "All we ask is that the court does not dissolve this injunction and de- prive us of our rights in the mean time," said the attorney.
 Taking as the base of his conten- ton, the ordinance which was pass ed in June, 1919, Judge DeForest declared that every member of the jitney corporation has secured a li- right to operate his machine on any street in the city until January 1, 1921.
 The attorney continued at some length to discuss the state laws and city ordinances governing motor ve- hic1e traffic, and concluded by saying
 that the passage of the latest ordi nance has deprived the jitneymen of
 their natural, original and vested rights.
 These men have secured licenses
 under the original ordinance," declar-
 ed Judge DeForest. They have se- state and they have their natural rights as citizens, which allows them
 to use the public highways in any city or part of this state. This attempt on the part of the
 city to rescind from it's original ordi- nance is illegal, unconstitutional and conflicts with the laws of the state. In my opinion, therefor, this temporary injunction should not be dissolved" !" Judge DeForest argued that the Conn necticut company should be com pelled by mandamuS to operate their cars in this city and that the city should not have succumbed to the threats of the trolley company. The pleas of the company that they can not run their roads on account of com petition were characterized as puerile and disgusting.
 The present condition of the com pany was caused by the disregard of the convenience and desires of the company and brought the jitney com petition.
 Ut is un unsufferable thing,'' said , Judge DeFHorest. flor the aldermen to suppress competition when the com pany can be compelled to perform the obligations they assumed when they accepted their franchise Judge Comley for the >s!ty said that 1 the talk of mandamus proceedings was a matter collateral to the issue and that mandamus would not lie un- i til the conDpan had actually stopped running its cars.
 "On the other hand" said Judge Comley, i've might have obtained Q | mandatory injunction, but in that case we would have been compelled | to file a bond of $60o,0o0 or s1,000,- 1 900 to meet any loss the Connecticut Company should sustain in the event l the company won the suit. Ever since I have boarded this ship of statc, as city attorney, we haU in Jnd r there has been storms and lightnings and thunders and charges of ulterior | motives in everything that we have done. When we passed the ordin- ance requiring brick to be used in