New Britain herald., 1921-06-29

10 grant permits, anJto order the ro- moval of present puI Ihps within q req sonablc time.
 Ilo added that whether or not that would be Il wise policy to adopt waa matter for the city to decide.
 The matter resolves itself down fn to d question as to whether or noL mont of what seems to be the law, unless changed by "Custom."
 Many laws arc not enforced. Their violation is countcnanced by the Iact that custom has made that technical violation lc6al 10 all intonts and pur- poses.
 It is d question whether or not pumps on tho curbs have become such d custom in New Britain. that the violation of the law against allowin i5 obstructions oil the streets may Do permitted to continue.
 Tho law which prohibits such ob- attractions Is not u new one. It is that which gives control over the streets to the Municipality. by th1 state tu act mot for the city alone but for the public of the state.
 The law existed us it is when many people put up pumps and made con siderable investments in them. They would suffer financially were the las to be recognized. and the pumps ordered removed.
 Then. too, if the city adopts the policy of allowing the gas pumps on the streets, it cannot in justice refuse to grant more permits for new pumps.
 On the other hand it must be re- membered that person may recover damages from the city if injured by an illegal obstruction, merely because tho obstruction is illegal. The same damages may be recovered where a person is injured through tho agency of the presence of something rccogniz- ed us legal obstruction, but in that caso there must be proof that it wOs improperly maintained.
 The general statutes of the state provide against the allowing of ob- structions on the street and still the law does not regard many things, such as telegraph poles. hydrants and water boxes, lantern posts of gas com panies as obstruction.
 To quote from the opinion of the Corporation Counsel of New Haven: But unless an object placed in a pub lie street by d private citizen is found to be such a thing as is recognized by law or custom to pertain to the public use, 1t has no right there and is m encumbrance and U nuisance which the municipality cannot author ize."
 In this paragraph lies the hope Of those interested in maintaining, or of having maintained. pumps on the. street.
 1t is quite possible that the highest courts of tho stnte would hold that the placing of gasoline pumps on the street had been so recognized in New Britain, by custom. that they are no longer ''nuiEances" under the law. IL might be argued that fruit stands. signs. weighing machines would also come under this classification.
 But in this day when motor cars arc used so freely for pleasure and for work, it is believed that they come in class by themselves in relation to tho public.
 In tho hay condition in which the law stands OH this comparatively new matter. it is quite possible that the highest courts of the state would he able to find that, in this city as least pumps on the stroots had been made legal by common usaEe and recogni- ton of public necessity.
 Taking a long look into the future, and remembering the possibility of city liability for damages caused by the presence of pumps on tho street and seeing the innumorabIe number of pumps that might some day be erected along the street curbs. the wisdom of adopting this policy is open to consid- | erable question.