New Britain herald., 1925-04-18
FILLING STATION CASE AND THE STATE LAW

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 Warfare for revocation of the H. conse 10 sell gasoline at new driye-in filling station 10 be con- structed on the so-called O'Connell site on West Main street having been honorabIy fought and lost, nothing remains for the embattled protoStants but to grin and suffer.
 Robbins E. Stocckel, motor vo- hicle commissioner, says tho evil donco indicated that charges of lack Of safety within the meaning of tho statute' were unfounded; and this was all in which he was in tcrcstcd under the meaning of the same statute. Tho evidence as he interpreted it suggested that the station would he reasonably safe. Questions of whether there would be too many stations in that vicinity Of the city and the effects upon the value of real estate, did not con- ccrn him, according 10 his view.
 The situation seems to be a most unusual one. Charles P. Mccarthy, who has been operating a curb sta tion, got permit 10 operate drivc-in station a few doors away and no objections come to mind. His change of base would not have increased the number of gasoline stations in the vicinity, and perhaps for that reason there were no ob- jections. On the other hand, only six months or so previously gaso- line station was constructed across the street nearby; memory does not serve whether there were rrmon- strances by neighbors; at any rate, the filling station was built.
 But when Drs. D. w. and J. J. O'ConnelI, owners of the site to be vacated by Mr, Mccarthy sought q license for a gasoline station on the same site this time for q drive In station - there were astringent remonstranccs, the license was with held by the local authorities, and the state motor vehicle department granted it. The fight against the proposed station. which is to be leased to the Standard oil company, centered around the contention that 1t would increase the accident haz- ard. This appeal was set aside by the motor vehicle department.
 The law encms to be such that local authorities have no final say as to what shall be done about fill ing stations. It is u system of checks and balances with ven geance, but with the state authori- ties having the final disposition,
 The rcmonstrants were right in supposing that filling stations have q dcletcrous influence upon prop erty values; but Standard Oil sta tions have no more such influence upon property than other stations and even h0G AIr. Stocckel not req soned in favor Of the newly pro- posed station, the other stations al- ready existing must have already exerted a harmful influence from this respect. The most reasonable conclusion is that three filling sta. tons close roG,'hcr would have g norc dcgoncra,!ve influence in con, nection with property yalu.s thar two slattons,
 The argument that there already is a suficicncy of nlIing station. along West Main street IS wei taken. When the Staudayl Uu grt! its station in operation jl.re wi be five within d few blocks in tha vicinity; at present there arc four Whether the motoring public IT, quircs so many gasoline stations i a debatabe question which mos people will decide in the negative But this ts-a-Ircc country and tn filling station business seems to of fer opportunities for supposed prof to those anxious 10 get into it. Tn more stations that exist the nor profits it will take to maintain them. The effect upon the price o gasoline will be obvious.
 Those who demonstrated agains the newest proposed filling statiot will regard the decision of the mo tor vehicle eommissioner as an un warranted notification of hom rule. But it is useless tO blame tha official. He is bound by the law am the evidence as brought before him If he didn't think tha Standard Oi station would be more dangerous t autoists than the other stations, am