New Britain herald., 1930-02-26

claimed to have been Voided by H. legality. He asked if Curtis and Day were republicans, and Mir. Calnen answered affirmatiyely, adding: And Clark, too"
 But you have some democrats in New Britain, don't you?", Judge Jennings smilingly asked.
 Lawyer Calnen made it known that he had suggested that both Clark and Day sign warrants, but Attorney Gaffney had objected. He then told of Mir. Camps suggestion 10 the mayor that Mir. Clark resign and that the common council be convened to elect an acting comp troller, and he asked the court how this suggestion could be reConcile1 with MT. Camps declaration that there is no comptroller in New Britain today. Admitting that Clark has given a receipt for the books, Mir. Calnen said that he also has physical possession Of the docu- mcnts. He suggested that the in- junction stand, but be amplified, that Clark be recognized as the de faCto comptroller and that it be mad" possible for him to release the orders on the treasurer.
 At this point, Judge Jennings made an observation that the facts were we'll covered, leaving only question of law. He suggested that both sides present their arguments or evidence as they saw fit.
 Lawyers Argue Case
 Attorney Gafney described the suggestion that both men sign orders as an ingenious way to have the issue decided. Day, he insisted, IS the legally elected comptroller. and is willing to engage Clark as his as- sstant and pay him, but will not relinquish the office to him. He re- peated his claim that the mayor has now shown "irreparable injury,'
 Lawyer Calnen responded by pointing to the apparent doubt in the mind of the corporation counsel at the time the injunction was drawn. and declared it to be the mayor $ duty to have the issues determined in court when the payment of thou SdlluS OI dOAldl ol SIlC NANJ o 4i'OAANs vas concerned.
 MT. Calnen called Day to the stand 10 put in evidence the fact that he has not furnished bond, as IS re- quired by city ordinances. Day ad- mitted this to be a fact, explaining that he had not time to take care of this requirement in the brief period elapsing between his election and serving of the injunction papers. He also caused to be put In the record the act that Day has not ac- cess to the city hall office in which the books are kept. Reference was made to the paddock on the comp troller's door. MT. Day said he had not seen the paddock clasped Tn such g. way as to prevent entry.
 Mir. Clark answered several formal questions as to his connection with the office and was not cross-eX- amined.
 When Clark left the stand, Judge Jennings waited for further evidence and argument, and when neither was forthcoming, he stated
 "I feel it is the duty of the peti- tioner to show a prima facle case to show why the temporary lnJunc- ton should stand. This has not been done in this case. l will grant both motions.'
 Statement By Mayor
 Mayor Paonessa made the follow ing statement after the court hear ing:
 q feel I have been justified In bringing this matter before the court for a decision, in view of it's great importance and the doubt which have existed and which would have to be cleared up eventually. "In my conversations with MT. Camp, it has been impossible for me to get a clear-cut understanding which would be safe from possible future attack on legal grounds, MT. Camp admitting at all times the possibility that MT. Day was not legally elected When doubt exist | ed in his mind I felt obliged, ln | conformity with my duties as mayor, 10 go higher for a ruling that would clarify the situation, once and for all.
 Tn an office as important as that of the comptroller, it is essential that the person filling the position and using the powers given by the charter should be doing so legally.
 "I have also felt that a man fully acquainted with the work would be in the best position 10 carry on for the few weeks of the fiscal year which remain. To avoid lnterrup- ton, I asked Mir. Clark to continue in office, and my opinion as to the wisdom of this move is unchanged
 When ruling by Mir. Camp Monday morning. resulted in holding up the pay of city employees, I i'm mediately took steps to have the en- tire question adjudicated to relieve this condition. I realized that many of these employees, particularly part | time workers engaged through the municipal employment bureau, were in need of their money at the earliest possible date, l am pleased that to- | uaS QcClSloH ONclCOllleS tIlS ullll- | Culty.
 'I could have expected opposition had l installed a democrat in the office, right which the city ordi, nanccs gives mo, but l made no sucf attempt. Mr Clark, I regarded tC be the proper man, and the fact thai he was not of the same politica party as myself did not govern my action. Had disrcgardcd Mir. Clark's five years of connection with the of. 1 fee of com Iii roller and inst tal He'd i: