The Bridgeport times and evening farmer., 1921-07-20
Jitneymen Wait Anxiously
 For Decision

Superior court room of New Haven
 county yesterday morning when Judge John E. keeler heard the arguments on the injunction asked by Attorney Robert woodruff to prevent the New Haven police arresting operators on the New Haven.Derby bus line, pend ing an appeal from the Public Uti1i- ties commission ruling. that is to be taken.
 So dense was the crowd that late corners who had business in the court room had to be escorted through the crowd by deputy sheriffs. All seats were filled and hundreds stood in the passage ways. doors. and corridors. the time the hearing was over, the crowd had moved to far toward the front that many were fairly hanging onto the edge of the bar. Some were col1ar1ess, and a number coat1ess. and from the awe expressed on their faces, and the interest with which they hung on every word uttered 1t was evident that most of them were in a high court room for the first time in their lives.
 Attorney woodruff first called at tention to the fact that not until July that made 1t reality and that it was
 many days after that before the jit- neurs who failed to receive permits knew definitely their fate. which left read1ust their affairs and get arother job, If such an accomplishment be possible at this time. He cited the announcement that the New Haven police would arrest every jitneur as often as he operated, and pleaded that this be not done until a Superior court decision had been reached. The unfairness of this was pointed out, for in event of the jitneys winning on an appeal many of the men, owing notes on buses, would have lost their machines because of replev1n pro- csedings. and would therefore wrong
 I16 hoir- y~ip denied them and their property lost to them He claimed that the law is 1ndef1- nite and that his clients are engaged in a peaceful and lawful business The trolley with tts double track sys- tenn years ago practically eliminated the railroad as a. passenger carrier between New Haven and Derby, pe- cause 1t was quicker, more direct. ana gave more frequent service. The 1lt- ney now is supp1anting the trolley because the machines are faster, ana
 because of 2 more direct @ serVcdes cbsaner ner in the running time. ana a. cheapel mode of transportation"
 "Tbe public will follow the line of least resistance, and this has been
 illustrated by their support Of the iitneys." Particular objections were made to sections five and eight which are claimed to be indefinite. It IS also claimed that the commission un- der the act can make more rules at
 any time, which would continually keep OD6TdIOIS, dL CooS in many ways, continually un- easy. woodruff declared the statute void because it has resulted in arb1- trary action. To prove this he point ed out that in Branford ana on the Devon-New Haven run, because no jitneur applied for the exact footage of the route, all were denied, and the two routes handed over to the Con necticut company, with no guarantee that the trolley company will furnish
 
 piled by the buses.
 "Unwarranted power is given the police,'' stated Woodruff, who closed by recalling the expression in the
 Constitution of the unlted states, Equal rights to all, special privilege to none,'' which he declares has cer- tainly not been the outcome of the decisions of the P. U- c.
 Sheriden T. Whitaker, representing the city attorney of New Haven, after
 discussion, stated that he believed
 the police of the Elm City would still postpone making any arrests until Judge Keeler makes known his de-
 cision, but pointed out that his office
 would eventually have no alternative but to enforce the law. Attorney William F. Hea1y, representing the Derby city court made a like explana- ton of their stand in the matter. These stat em ents were made after inquiry on the part of Attorney Hart
  representatives
 Attorney George T. waterous for the Connecticut company next took the floor. He thought that the jitney interests assumed a great deal to ask a Superior court judge, sitting in chambers, to "do what a Supreme court rarely does, declare a law un- constitutional" He claimed the law "clear and specific, in three ways" Judge KeeIer interrupted at this point to "a n- necessary ground, stated his opinion that there Is @ penalty connected with the law, (prevtous claimed otherwise by many). and pointed out that an arrest, appealed in City court inn mediately to Common pleas criminal, could be subsequently, appealed in time to reach the Supreme Court of Errors during the coming Septem-
 Der term, and settle the matter once
 and for all at that time.
 WatefouS declared that there was ne question of the power of the com mission, that both methods of ser vice could not continue in the pres ent competition without extinction to one or both, and that there is no question of a jitney being a common carrier, subject to all regulations
 and laws that are and can be tmpos- ed upon a common carrier.
 He stated that the men in the Jtt-
 ney business are not to be deprived of their property, but can still operate tdXlS, OInSF ConIheFc1a1 pur- suits, OF use their buses for pleasure. This remark brought forth a sarcas- tia smile upon the faces of many who eistufed a jitneur retaining 25- passenger a,us to take someone on a | joy ride.
 Woodruff again took the f1eer and called attention te the difference be- tween regulation and prohibition, de- eiaring the present prosecution of | iitaeys as eeIning under the latter | hsad, He claimed that this state had | aeve# definitely defined what lis a | public convenience and necessity"
 He again asked Judge KeeieF that tha matter might remain status quo
 until after the decision on the. in | junction, and utnil the result of an | appeal can be reached, arguing that
 this is the way public opinion would have it stay.
 fIayen was the last te speak, eeeuny=