New Britain herald., 1921-12-14
Effort May Be Made To
 Obtain Injunctions
 Against City Author ities-Police Get Evi- dence Against IS Places
Claim Is Made That New Building Code Is So Dras- tic Y Cannot Be Lived Up to.

New Haven, Dec. 14.-Theaters in this city except one moving picture house which the state police closed , last week were open again today de- spite the action of Chief Of Pohce Philip Smith in withdrawing thelr permits to run places of amusement Attorneys for one theater management this noon said that efforts were Delns made to obtain injunctions agalhst the city authorities. Chief smith dur- ! ing the forenoon had announced that he had secured evidence relating to IS places which had been submitted to City Attorney Sheridan Whitaker. Inquiry in official circles and among the theater arrangements indicated that the entire situation has become puzzle. Late yesterday States At- torney Aaron filling issued to the newspapers a transcript Of certain portions of the testimony taken py Coroner Mix during his inquest into the Rialto theater fire in which eight persons lost their lives.
 Transcript on Rialto.
 The transcript was accompanied by copies of correspondence between MT. Alling and one theater management in which he warned the latter that in case of a fire in certain theater which the said management controll- ed the owner of record would De held responsible for loss of life, damage, etc. The excerpts of the evidence submitted with the letters were those taken from insurance companies ln- spectors who as inquest witnesses had sworn that the theater in question was unsafe. The evidence was that there was old scenery piled up backstage, junk and rubbish of years accuinula- ton. was under the stage, employees smoked about the place with impun- ity. fire escapes were at windows which would be outlets for fire and smoke, and the stage equipment was fimsy, intiammable, etc.
 Case Is \ Muddle
 With the theaters continuing to give performances, as Chief Smith claims illegally, the controversy which embraces the chief of police, the city building inspector the fire marshal, the city attorneys office the state police, the states attorneys office and the theater managers and owners ap- parently became more involved. The theater men have put forward claim that the new city building code can- not bealived up to because of it's dras- tic provisions and that if theaters are to be closed under it the same rigid requirements should be at once ap- piled to all large buildings, such as department stores buildings in which there are public halls and even to apartment houses and tenement blocks.
 Lawyers Are Active
 number of lawyers have entered the controversy in the interest of clients At noon the interest was in the first move to be made in the courts on applications for injunctions and from the city attorneys office on alleged evidence against the theater men which Chief Smith said he turn ed over to MT Whitaker. On all sides also the action of States Attor- ney filling in sending to newspapers his communication was under dis cussion, it being pointed out that nothing like this can be recalled here. Mir filling sat with Coroner Mix or was represented by Mir. Pickett, his assistant, during the inquest Mayor | Fitzgerald also sat with the coroner part of the time.
 City Attorney Whitaker stated this afternoon that no evidence against the theaters had yet been presented to him and he could take no action until he knew what the evidence was.
 All theaters were refused new licenses because they could not re- ceive written approval of building h. | spcctor Austin and Fire Marshal Per- llns. The officials say their inspec- tions had been based upon the as- umption that the building code is re- troactive and applies to theaters which were open when the code was adopted and to those built since.
 Patients Recovering.
 The condition of patients in the hospitals who were fire victims re- mains good. Skin grating has been used in a number of instances and some patients are having their faces treated in this way.