The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1932-02-27

the supreme court will be one of
great interest.
The agents, according to the New
London Day, In their sales talks,
stressed the fact that ten per cent
OF the net sales were given to the
Passaic Home and Orphanage at
Passaic, ". j., and the police held
that In making this representation
they we're soliciting funds for
philanthropic cause and that they
would have to have a certificate OF
approval from the secretary of the
state welfare department in order
to make their solicitations legal.
They did not have such q certi-
fcate and on Feb II Ray Bruce of
Hartford, one of the statesmen, was
arrested and the following day was
fined $25 and costs in the police
court. He was represented by At
torney Morris Lubchangky, who
appealed the finding to the court
of common pleas, which will hear
the case at the April term.
On Feb 1G the police arrested
FIVE more of the concerns sales
men. charging that they were still
continuing to exploit the charity
end Of their business in soliciting
orders, and on Feb IT the cases
were continued until today to await
the report OF Judge O'Sullivan on
the application for the Injunction
on which he held q hearing Feb
10. Notice OF the finding OF the
Judge had not been received when
the police court convened today
and the cases Of the five statesmen
we're again continued for one week
% q IN x.L ,sk. Il
Coscina, Morris Kaplan, George
Dobson and Mary Dobson. all of
Hartford.
Alleged Police Exceeded Powers.
The application for the injunc-
ton was flled by Attorney Lub-
chansky and in 1t he alleged that
the police were exceeding their
powers In arresting the agents and
Prosecuting Attorney Max Boyer.
be restrained from further inter
fering with the business OF the
New jersey concern.
The application get forth and Mr.
Lubchansky argued before Judge
O'Sullivan last Friday. that mas
much as no actual money was
solicited for the Passaic institution
the agents OF Hoyt Bros. needed
no certificate Of approval from the
secretary Of the state welfare de-
partment and that section 1924,
which Establishes procedure that
must be followed by all persons
and organizations seeking contri-
buttons for charitable and philan-
thropic purposes did not apply to
the business OF his clients.
Director of Law Thomas r.. Tro-
land represented the police depart
ment and the prosecuting attorney
In opposing the application for the
injunction.
Secs No Need OF Restraint.
In a memorandum, accompany
ing his refusal to grant the injunc-
ton Judge O'Sullivan made the
following statement:
1.-THE application for temporary
injunction Is predicated upon the
allegations of the complaint, none
Of which, however, alleges the I'M
constitutionnlity or invalidity Of
Section 1924 Of the general statutes
Equity Is concerned only with the
protection of civil and property
rights. II Is intended to support
not usurp. the functions of the
proper courts of law. TO restrain
proceedings Tor punishment Oh Or
lenses would constitute an invasion
of the rights of these courts OF
law In these premises the court
sees no need of any such restraint"
Judge O'Sullivan states further
that II the agents OF the company
are guilty of the offense with which
they have been charged the courts
will 80 determine and that II they
have been arrested illegally they
have appropriate remedy through
bringing actions for damages a.
gainst the arreating officers. On the
application for an injunction, the
Judge held, he was not required to
pass upon the question of guilt or
innocence.
AS result OF Judge O'Sulllvan's
decision the local police said today
they would continue to arrest
agents OF the Hoyt Bros, Inc. If evil
dence was obtained that they are
still representing that a portion OF
the sales proceeds are to be turned
over to the Passaic home. II the
agents solicit orders without refer
ence to the part that Ii given to
charity they VIII not be mOlestcd.