New Britain herald., 1921-08-16
JITNEY LAW BEING
 ATTACKED IN COURT
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 pHcant to- 'toAl. l.ain". certificate. without telling how to- obtain it. It provides for an appeal to the SUI perior court but leaves the court without power to grant, a certificate or to control the ' action of .s the commission in- refusing one. # 12-The comm mission is not re- quired. to state any, reason for the -.efusal of a certificate. It can, also revoke an existing certificate with out a hearing and without stating a eeason-both clearly unconstitutional. 13-The- finding of an adminfstra- tive com mission is only valid when it is reached after due process of aw. In this case the evidence seems. to have been ignored. Y
 14-If this statute was passed to allow the state through the public utilities com mission to < create, a existing street railway companies then it is unconstitutional and void. Transportation a Necessity 15-Transpoftation is cone of the I necessities of life: It is questionable v init a monoply in that respect :. i 16-The citizen was not made for i; the street. The street was made for the citizen and for. his use, Neither i the legislature nor any other power can prohibit the citizen from his free use of the street. =.
 l 17-PubHc policy prohibits the pas sage of laws. which will stay progress. The real purpose of this present law seems to be to turn back the clock on transportation methods. 1 18-Improved methods of locomo- tion are perfectly admissible, If any shall be discovered, and they. cannot be excluded from the roads provided their use is consistent with present m ethods.
 l 19-The law may throw around jit- ney busses various regulations which must be req asona bly,, but not excessive 1y arbitrary or prohibitory.
 Curry vs. Osborne 79; Southern, l2es. :. s-- -
 The statute is void for many of the reasons set forth and an injunction to stay its enforcement ought to be is. lsued forthwith. Judge Asks Questions
 During Mr. Woodrun's argumen which also was submitted as a, brief Judge Mantdn asked many questions Once the judge said he thought MT Woodruff's' argument was directed more against the personnel of tn, commission than against the law, ant attorney replied that not only have tn commission arbitrary power but the tare arbitrary and have been and ccon sequently their actions are unconsti tutional under the law.Y -.:r-.-,
 Robert S. De Forest. of Bridgepor followed MT. Woodruff and in his ar gument of some length Judge Manto1 constantly asked questions. Once tn, lawyer said that ''The legislatur, fought to be- condemned"
 Condemns the Legislature
 Condemn the legislature?"' s asket Judge Manton.
 Well" MT De Forest replied :. do not know how great part of th' Legislature was concerned in the pas Usage of the law but my opinion is tha is was worked through the committe and then the lobby did the rest. | Judge Manton several times aske, lquestions of the attorneys if the, denied the right of the state to regu late the use of. highways for commer cial purposes. When. the replies wer, made the court called for authoritie on the points raised.
 Insists in. Reply
 Judge Manton was insistent on get ting reply from MT. De Forest ant an argument ensued on this and MT De Forest produced a Michigan cas- to sustain a point he had made. Tn, burden of MT. De Forests reply wa that the police power of the state owe the use of highways was limited At another time Judge Manton ask ed MT. De Forest about somethin, and the attorney replied that that wa. his opinion" The court said "bette stick to the record. We cannot con sider anything that is not a matter O. record"
 Judge Walter C.. Moves made an ar gument in behalf of the. Connection Co. as did George D. Watrous the lat ter stating the alleged losses of tn, trolley company in competition agains the jitneys.
 Atty. Gen. Speaks
 Attorney Gen. Healy followed to ar que the right of the state to regulat, and control the use of highways ant Judge Manton told him the argumen was not necessary. He also stoppe, MT. Healy when he began on the. righ on the legislature to give power to commission this, also being: an : un necessary argument. -...s The case was concluded at nool when the court took the briefs unde consideration There was some expec tation of decision during the day.
 APPEALS TO PRESIDENT. Il Omoha, Aug. 16.-An appeal t President Harding to appoint q