New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1921-08-08
Decision Filed Today De-
crees That Public Uti-
tiles Commisson Ruling
Is Effective at Midnight
FINAL HEARING TO
BE ON AUGUST 16
Counsel for New Haven
Busmen Hints at Possible
Appeal to Justice Brandeis
of Supreme Court.

| New Haven, Aug. s.-The restrain-
ing order issued a week ago Satur-
| day by Judge Edward S. Thomas,
under which all peace officers of the
! state have withheld interference with
the operations of jitneys in the state
! will be vacated at midnight, tonight
by decision filed today.
Ruling of Judge.
In his decision Judge Thomas says:
| The alleged rights of the PLAINTIFF
on the facts set forth in the bill OF
complaint are not free from doubt
Concluding this-as I do-the tenn
porary restraining order must be va
Gated
The revocation of the order will
be effective at midnight tonight The
situation in the jitneytrolley con-
troversy will revert to what it was
before Judge Thomas granted tenn
porary restraining order This con-
dition will continue pending decision
of the three judges who will hear the
issue on August Is.
Is Not Pre-Judgment-
The court says that in arriving at
the conclusion that the order must be-
vacated, it has not been necessary
for me to PREJUDICE some questions
upon which the parties may be at
issue when the matter is fully heard
before the enlarged court of three
judges. which viii hear and deter
mine the prayer for relief as to
granting the interiocntory Injunction
which is sought In lfhe bill OF COM
plaint, nor is it necessary at this time
to pass upon the constitutional ques-
ton presented by the bill Of COM
plant.
Doubts Are Evident
"The continuance Of the extraor-
dinary remedy of a temporary re-
straining order can only be JUSTIFIED
when it appears that the plaintiffs
rights are free from doubts-and not
otherwise-in addition to the allega-
ton that irreparable damage will re-
suit 'The rights of the state to
to enforce its laws by its own instru-
mentalties is paramount and should
not be interfered with by the federal
government except in clear and con-
vincing cases. >.
THE power of the court to revoke
the temporary restraining order has
been challenged and in support OF
that contention plaintis' reply upon
Section 266 of the judicial code, to-
gether with the decision Of the SUI
preme court of the United States
is ex parte Metropolitan Water Co.
Of West Virginia 22o u s. 53s, IN
terpreting the action Of the code
"A careful examination of both aus
thorities discloses that plaintiffs have
misconceived the legal import of the
statute and the decision"
Officials Waiting.
what course the state police depart
ment would now pursue, Supt.
Robert T. Hurley said today that he
would make no move until he had
been officially notified of the revoca-
ton of the injunction.
"Will you then begin to make ar
rests promptly?" Supt. Hurley was
asked.
We'll, we are not going out and
try to snap anybodys head CT" he
replied. I'VE are going at this
thing on common sense basis and
give everyone chance to obey the
law voluntarily. The whole jitney
situation has been in such confusion
that 1 have not attempted to lay.
down definite course of action but
we shall see that the law is enforced
as soon as we are sure of our
grounds
Up to a late hour this afternoon the
local police had not received any no.
tification of any sort from the state
commissioner Of motor vehicles or
any other officials having to do with
regulation of jitneys.
May Appeal Again. -
Ar1rr $ovH
the jitneymen here were to confer
this afternoon ON the next stem to be /.