New Britain herald., 1930-07-10
LENTTT'S STERLING VICTORY

When Professor Levitt began his proceedings against the Public Utilities Commission more than year ago Ue ventured the opinion that he had a good case; and not ing in general how the r. |, c. had handled the railroad situation with silk gloves we wished him well. It has been l one-man fight since that time, the professor receiving no aid at all from the judicial department of the state; rather the attorney generals department put Up spirited contest on the side Of the railroads, Deputy Attorney General Averill talking for all the world like 8 railroad attorney. But Professor Levitt, Knowing his law with the pest of the law masters, went right ahead. winning his first victory in the Superior court and following this up with a slashing victory in the state Supreme court. The pro- lessor has won every point in the legal bout and the surprised poli- ticians of the state haven't even the opportunity to howl foul,
 MT. Levitt IS fortunate in pos sessing such a clear-cut issue. The general statutes (Section 3710) re- quires the removal or application for removal Of one grade crossing in the state for every 50 miles of rail- road, providing the financial condi- tion Of the railroad warrants such expense. The railroad has been in good condition for five years and is paying dividends. During that time the three ?. |. C, commissioners have done nothing to carry out the plain law Of the state, It was in view of such q situation that Pro- lessor Levitt took action under the law, with the aid of 100 electors who signed his petition, which was presented to the attorney general. asking for the removal of the P. L. C. commissioners under section 5s14 Of the statutes.
 All that Attorney General, Aver i'll can see, according to a report from Hartford. is 10 appeal the case to the federal courts upon the amazing assumption that the Con- necticut law which seeks to safe guard the public is unconstitutional The most that can be hoped for by the state organiza ton defending the ?. L. C. is to create further delay
 Why is it necessary for the state legal department and the state or zanization generally to attempt such length. to protect the ?. [. C.? h. stead 0, offering such protection the logical policy if a desire were present to serve the public instead of the utility corporations. would bt ! 10 force the P, L. C. to do it's dut! , under the law.
 Professor Levitt is to be com. . mended for his exceptional public spirit, and for his courage and de. $ termination 10 fight his cast . through 10 complete victory. H. . will have to continue single-hand. D ed so far as expounding the Jaw il concerned, there being no hope oi " material assistance from the state . political organization. In order tc have his case presented in the $ courts he must do so himself under the guise of being a technical ad .~ wiser, which in itself is quite a com.
 mentary upon railroad and utilit! . influence In the state. It is fortu
 nate, however, that Mir Levitt il
 skilled In the law and thus car proceed 10 the best advantage of th1 public without the assistance Of the state departments which under or
 dinary circumstances should be or his side instead Of opposing him.
 We continue to wish him the bes of good fortune, being fully convinc
 ed that in this knight Of action thu
 public has a good friend at bar.