Putnam patriot., 1921-01-21
SAYS "GAS" TANKS
CANNOT BE ERE cTED
Streets Are For Public and
Must Not Be Blocked To
Traffic
New Haven Corporation Counesl Rem
ders Opinion In Situation Like
Putnam's

At the last meeting of the common
council the ordinance committee an
he highway committee were request
ID to get together and draft an ordi-
lance regulating the erection of gaso-
enc service stations in the streets o.
he city in front of business places
dany requests have been made TO.
he installation Of these pumps. Some
rave been granted and now the coun-
I'll is confronted at nearly every meet
ing with requests for more pumps
Already members of the council have
expressed regret that some of the per-
nits were granted. The problem has
been perplexing one as it seemed
unfair to grant one permit and to re-
use another.
That Putnam is not the only city
hat has been troubled over the matter
is evidenced by the fact that Hartford
ecently appointed COMMITTEES to
iraft a similar ordinance to that
proposed in Putnam. In Investigating
the powers of the executive body in
his regard the corporation counsel In
Hartford obtained an opinion from
he corporation counsel of the city OF
New Haven where the matter had pre-
viously come up and was acted upon.
The corporation counsel of the Elm
City gives it as his opinion that the
common council has no power to grant
permits for the erection of gasolene
stations in the city. streets, as he
points out that the highways In the
city limits are not laid out for New
Haven alone but are for the public of
he state. If the opinion of the New
Haven corporation counsel is sound
egally, then the common council OF
Putnam has no authority to grant any
permits for the erection OF these
pumps in the highways, which include
the sidewalks of the city. The opin-
ion in part is as follows:
"There are many objects community
placed in the highways which the law
does not regard as distractions or en-
cumbrances. The poles Of telegraph,
telephone, electric lighting and street
railway companies, MIGRANTS and wa
ter boxes of water companies, lantern
posts of gas companies, if placed I'M
der property authority, are not con-
sidered by law as distractions or en-
cumbrances. The reason IS that the
nuhl;c use of the highway is not con-
fined to the travelling over it, but Is
wide enough to justify these modern
uses. So also, shade trees, horse
blocks and hitching posts are regard
ed as objects, by custom rightfuily IN
tho nublic street and not in derogation
of the public use.
"But unless an object placed IN a
mnblic street by private citizen citi-
zen is found to be such thing as Is
recognized by law or custom to per-
tain to the public use, it has no risht
there and is an incumbrance ana a
nuisance. which the municipality can
not authorize. The city has no power
to devote to private uses the pupiic
wav. No one would claim that the city
could empower a private person LOT
his own benefit, to build over the
$50 1.-Two The public right
is invaded if any space in the highway
;s occupied by an object which the
law does not authorize to be there.
~ am of the opinion that the board
of aldermen cannot authorize their
erection and on the other hand, that IL
is the duty of the city acting for the
state. as guardian of the highways, TO
remove them wherever found IN tne
highways, as nuisances within the
meaning of Sec. 1855 Of the General
Cfafutesb