Norwich bulletin., 1920-08-02
DANIELSON

The washout under the north end of the power plant, where the water comes down into the building from the Quine- baug river to drive the water wheels, now out of service, is of serious na- ture and the repairs will cost thous- ands of dollars.
 One great concrete pier, which became undermined, has dropped down into the yawning depths through which the Wa ter is now rushing, leaving a large sec ton of the ground level floor on which heavy machines set almost unsup- ported through the central section of the northerly end of the building.
 It has been stated that spiles may have to be driven at the point where the base of the great concrete pier rested, befort the foundation for new one that will stay put can be laid
 An inspection of the premises where the task will be an expensive one and will take considerable time to complete, In the meantime the water power that is available at the power plant cannot be used.
 The pier that collapsed after being un- dermined went down with a terrific crash. The happening came at 1.S0 in the morning, at which time cars are not operating over the local line.
 In the opinion of many of DanieIson's citizens, something will have to be done to curb fast driving of motor vehicles through the boS%Ih The abuse of speed has become particularly fragrant in the business section, where narrow escapes from serious accidents are of daily oc- currences.
 Fifteen miles an hour is the maxi mum speed at which motor vehilces may
 
 and this fact is we'll known to every motor vehicle operator, at least each op- orator makes oath that they are familiar with the motor vehi ;le laws of the state when accepting an operators license.
 Arrests for violation of the speed law are being urged upon officials as a sum mary means of checking the reckless drivers. It is well recognized that even twenty miles an hour through the bus mess section may easily be established as a reckless speed, traffic conditions considered.
 Saturday, was day marked by partic- ularly bad judgment on the part of some drivers who were Slndling cars in the business section, and called forth critici- cism and a demand that action be taken to teach the careless ones a les son, that serious accidents may be avert ed.
 Funeral services for Mrs. Margaret E. Reynolds were held at the home of her nephew, Dyer Potter. in the town of Brooklyn, Rev. Albert Jepson of St. AL bans church. Danielson, officiating. Burial was in the South cemetery, Brook lyn. The bearers were Sherwood Pot ter, Dyer Potter, William Potter, all of Brooklyn. and pr. F. T. Baldwin. of Putnam. A. F. Wood was in charge of the funeral arrangements,
 Splendid weather and one of the fin est attractions billed for the series Colangelo's band attracted unusually large numbers to the Chautauqua tent on Saturday. Featured with the band was Miss Myra Louise Eckhoff, soprano, who was given fine reception. The lectourer of Saturday was John A. Dun way and his interesting subject Serbia in 1920. MT. Dunway recently returned from Serbia where he has been engaged in relief work.
 Sunday there was a union meeting of the churches at the Chautaucua tent The evenings programme included a sa- cred concert by Golango's band, and address by Mir. Dunway and songs by Miss Eckhoff.
 Herewith are excerpts from the mem- orandum of Judge George E. Hinman. of the superiod court, in passing upon motions recently discussed by counsel in the case of Miss Gertrude A War dell vs. the town of killingly:
 Motion to strike out. There is no such essential difference between the appli- cation and rules to show cause in this case and the ordinary alternative writ of mandamus as to render a motion to Quash inappropriate as means of testing the sufficiency of the allegations thereof. Such an application and rule may, as is the the alternative writ, prop erly be regarded as standing in the place of the complaint and the motion to quash as performing the office of a demurrer upon the grounds alleged in the motion.
 While the necessity of the filing of a separate motion to quash by the de- fendant town of Killingly as we'll as by the respondents named in the several ap- plications is perhaps open to question, such motion is not so within the scope of Section 1S1 Rules of Court (Practice Book p. 254) as to justify striking it out.
 The motions to strike out are denied
 Motions to quash. The grounds com mon to all the motions to quash will be first considered.
 These allegations of the applications which relate to the acts of the plain tiff are sufficiently broad to permit proof hereunder of such compliance on the part of the plaintiff with the pro- vision of Section 1907 General Statues as may entitle her to a certificate.
 If the duty to issue the certificate if plaintiff is entitled to it-is not "pub- lie and enioined by law" so that for that reason no demand is necessary, it ap- pears from the course of conduct on the part of the respondents alleged in the pleadings and disclosed by the pro- ceedings that a demand would be un- availing. It is not, therefore, neces- sary to allege demand.
 The claim of the respondents that Section 6065 Gen. Stat. is not applica bIe to the present case is not sustained. While judicial interpretation of this statute as to the scope of it's applica- ton is lacking, the present situation ap- pears to be one which the statute, fair designed to meet The respondents are not, in a proper sense, strangers to the original action but are-or were at the time the alleged duty arose, off, cers or agents of the defendant town, and the duty performance of which is sought is. if it exists at all, a duty in such representative capacity. In such case they. instead of the defendant town are properly named as respondents
 It appears by the motion of Turner and Boys to quash the application against Pillings ct al, and by said applica- ton that Turier did not vote in favor of employing the plaintiff and therefore is fairly to be regarded as not approv- ing the issuance of certificate to her. Such approval on his part was discre- tionary with him and this discretion cannot be controlled by mandauus