New Britain herald., 1927-02-08
K|RKHAM RESENTS
 OPPOS|T|ON'S HINT
(Continued From First Page)

sS -HaooilS plau tO purCndSe the property if they are permitted to erect the structure, denied the state ment of previous witness to the effect that he would move out of the district if the building were placed on the property. He stated that he hasn't even thought of such a thing.
 Mir. Sloper stated that real estate values on that street have passed their peak and he stated that the deal between him and the Masons hinges on the securing of a permit to build.
 Harold T. Sloper of 36 Russell street expressed himself as being in favor of the building because it would serve to screen off the backs of apartment houses on West Main street.
 Attorney Patrick r. McDonough Of the board of adjustment testified that property on Russell street has declined in value. He was of the opinion that it would be better to have the Masonic temple on the property than to have two two- family houses there. He testified that the board studied the situation carefully and made many inspec- tions of the locality. Attorney Rob- inson interrupted to say that the appellants do not claim that the board acted in bad faith, but that it's action was not quite proper. Attorney McDonough concluded his testimony by saying that none of the 13 sites mentioned last week was desirable for the purpose for which the Masons wished to use it.
 Lodge Secretaries Testify
 William J. Rawlings, secretary of Harmony lodge. stated that tho organization held 42 meetings last year and that the membership is 93S, of which 200 reside out of town. The average attendance at meetings is 51 members. Walter Westlake. secretary of Centennial lodge, stated that 2S meetings were held last year and that the average attendance at meetings is 45 members. The membership numbers 577. of which 1S6 live out of town. 4. II. Parker, secretary Of Doric Council. also testified. He said that the organization has 379 members, of which number 100 re- side out of town. Ten meetings were held last year and the aver
 1p, ,t ta ? members.
 Thomas Linder, appraisal en- rineer of the city of New Britain, stated that Russell street property is on the decline and that land as easements there have decreased of late.
 Arthur N. Rutherford. building in spector, stated that on December 10 he gave the Masonic corporation a permit to erect the building for which he received a s250 fee. This. he stated, would be remitted If the exception is not allowed by the court.
 John c. Loomis. president of the Commercial Trust Co.,. stated that Russell street property for residen- tial purposes, is on the decline. No other site is available or suitable for the purposes of home in the minds of the officials of the Masonic cor poration.
 A classified ad page from the New Britain Herald was introduced as testimony into the court proceedings containing an advertisement of double room for rent for two gentle men roomers at 73 Russell street. This was introduced for the purpose of proving the statement of the respondents.
 Howard S. Humphrey, who was not present, by agreement of both parties. was placed on the record as being in favor of the exception. He Is property owner on Russell street.
 James w. Carpenter. counsel for the defense, in summing up his side of the case, stated that one would gather from the claims made by Robinson that it is the contention of the appellants that the board of adjustment is re-zoning the city. That is not fact, he said. The ap- pellants concede, he stated, that there Is the right to zone and there fore, there must be the right to make exceptions.
 It has been admitted throughout the trial. he said, that the danger would be the same whether a club house or a lodge room were to be erected on the property. He point ed to the fact that the Masonic or eanizatiou is a big public asset and 8 constructive force and it should be aided under the broad principle of the zonng law. If they are reject cd he said big public asset will be turned down.
 Attorney Robinson, counsel for the appellants, in summing up, stated that it was apparent to him that the hoard of adjustment has not yet walked up to the effect that thera is a zoning law. He stated that no great weight should be placed on the fact that land which can be used for a. purpose not permitted to other lands in the same vicinity will be more valuable.
 2 He illustrated by saying that a taection of the Arctic zone, if placed s.in the torrid zone, would become