New Britain herald., 1921-12-16
Common Pleas Court In New Haven Holds Hear ing On Temporary h. junction Obtained By Movie Men
Appeal of PrOprietors From Mayors Resembling Order Also Goes to Board of AL dermen for Action.
COURT GRANTS NEW
 INJUNCTION TO-DAY

New Haven, Dec. 16.-A general public hearing of citizens to be called either by Mayor Fitzgerald or the board of aldermen to discuss the city S building code and the action of the mayor in recalling the licenses and permits of the thoaters, large and small, in this city seemed likely today.
 Hearings on Injunctions.
 In common pleas court Judge F. C. Simpson began a hearing upon the temporary injunction secured by coun- sel for the group of smaller picture houses to restrain Chief of Police Philip T. Smith from closing them un- der the mayors order. This hearing is independent of the injunction pro- Cocdings of last night when counsel for the larger theaters secured re- straining orders both from Judge F. s. Thomas of the United States dis trict court and from Judge James II. Webb of the superior court.
 Many Attend Hearing.
 The hearing today drew to the court room nearly every official who in one way or another has been a party to the inquiry into the Rialto theatcr fire, the controversy over the city's building code, the dispute over inspections of theaters and the pre- liminary actions which have culmin- ated in the injunction proceedings.
 The appeal Of one theater manage ment to the mayor to revoke his in structions to Chief of Police smith also goes to the board of aldermen, which may revoke the mayors order and vote to instruct the mayor to issue new permits and licenses that theaters may legally open and the issues raised be dealt with by process of law other than through action by the police
 May "Pass the Buck
 The present board of aldermen goes out of office January 1 and q new board comes in. If the present board does not act the entire matter will be thrown into the new board. One fore cast today was that the theater man agcments' petition will be taken up at a special meeting of the board next week, and instead of acting upon it 1nt bOdTI VIII OTutI dll lllllntuitLJe public hearing on the whole matter. This board then will have time to dis pose of the question Of issuance of new permits and licenses. If the present board does not act on the pc titon the situation rests upon the out come of the temporary injunction proceedings.
 still Doing Business.
 At present the theatcrs are all open except the one which was closed by the state police, without permits or licenses. Chief of Police Smith has been restrained from interfering with them pending hearings. Attorneys say that if the injunctions are dis solved the police may close every house until the board of aldermen act Counsel for theater manage ments are claiming that losses of con- siderable amounts arc likely to be in- f1icted upon their clients unless way is found to adjust the controversy.
 Coroner Mix has been in Boston in connection, it is understood, with the Rialto theater fire inquest A. s. | Black, head of the corporation which | controlled the theater, would not come within reach Of a subpoena and | it is said that MT. Mix went to sec him to obtain information bearing upon certain phases of the evidence in | the inquest.
 Injunction Allowed.
 temporary restraining order was granted by Judge F. C. Simpson in the | New Haven common pleas court to- day, on the application Of the owner of small moving picture house . under which Chief of Police Smith . may not interfere with the business of the house. It is assumed by at torneys who are interested in legal action for theater arrangements, Somc | IS in number that this order cstab fishes a precedent so that all theaters may continue to run without a per init or license from Mayor F'itzGer- aid, until court decision is had on some action which will settle the con troversies.
 The plea of counsel for the thCater owner who was the petitioner, was that the city authorities should not interfere with his business
 The next step on this particular or der probably will be an appeal ny tho city.
 Legal Arguments.
 legal contention is that the build ing code was not published as re- quired by law when the aldermen enacted it Counsel for the thcatcr owner in question declared the build ing code was invalid" He claimed the code never would have been en- forced or never would have been heard of had not there been q Rialto theater fire.
 City Clerk Miles dcpospd that the building code had not been published. ''