davidaulloa/AmericanStories huggingface dataset:
The Waterbury Democrat., 1934-05-04

rho water eommisAlon In telling
tho borough officials what 10 do,
he asserted. There iH no court In
tho country that would mako towns
III this work with conditions M
they are todny, he Hcornfuily 70.
marked,
Concerning the appointment of
ChriHlinn Groh CWA and FEI,A
director and supervisor, ho said
that Groh was only made II citizen
"a short time aRO, Hc IN human, no
needs work and don't blame him
for trying 20 got Il.
II do lay the blame for unem.
ployment OF Chris Groh NJ tho feet
OF Mr. Whittemore," Green said.
"He waH brought here by Mr.
Whittemore. l am an ex-servloomnn
and am looking nj u from tho
standpoint OF an cx-ervlcemhn and
not that OF a politician,
The Waterbury Democrat., 1934-05-04
Insult ~ Ex.scrylccmcn

II think II In ropuIHlve ana an IN
suit 10 x-scrviccmon In town. Mr.
Groh has tho right to hire of IRE
seas 10 night tho German people,
Tho war In over and We think M
much Of tho German people ms We
did before tho war but an Amcrl-
can should have been given this
Job. II isn't right and ] am not u
bit afraid 10 toll any member OF
tho republican organization my
feelings on u.
lie also praised the ticket saying
II In n most representative one.
The Waterbury Democrat., 1934-05-04

Howard Bristol, member OF the
local board Of education, sailed
Saturday for England where he Will
spend a month on business. The
Bristol company plant In iB Water
bury but has an interlocking plant
In London.
The Waterbury Democrat., 1934-05-04

And some pipe on the work Ut
putting tho brook on Recreation
hold underneath tho nolf waA paid
tor. amounting 10 about $1,000
worth, Hut all tho pipe for this
Job was not delivered before April
30 when tho CWA work closed and
"the $4,000 seems 10 have closed
also," Superintendent chittcnden
remarked,
SO the balance OF pipe has arr
rived and there remains n bill OF a
little lcHa than $1,000 which ap-
pnrontly tho education department
must shoulder. tho official said. "ff
] am going 20 pay bills Of this sort
there won't be much left In our re.
pair budget IN n short time" Sup.
orlntcndont Chittenden said.
Ito pointed out he expects the
materials expcnBc for the new
RrandHtand at the field vii iamount
TO nearly $1,000 part Of which haa
been paid hut there still In moro 10
pay. I'VE better face tho situation
now than next March and then
lind we ran behind three or four
Thousands for REPAIRS" said Mr.
chittendon. AZ least $4,000 Of the
10000 appropriated for repairs In
needed for routine rcpnIrs which
crop IN during the year, said tho
superintendent.
Attorney MacDonough declared
that $4,000 was too small 10 carry
on repairs an u 100000 plant,
Work on tho Rrandstnnd must he
continued. tho superintendent said,
ITO expects TO complete II within
three or four weeks,
" In planned 10 erect n retaining
wall at tho Milivilio school IN front
or tho yard. Work there In still
progressing.
The Waterbury Democrat., 1934-05-04
I.nutla Candidate

Mr. Fitzgerald In tried and prov
on, Mr. Dinney will work for tho
best interests OF his ward, Mr.
Sheridan IN IA fighter who viii work
for tho rights Of tho people and for
tho principles for which tho dem
ocratic party stands. lie VIII make
capable, efficient warden, Mr.
flreen Rnid
The Waterbury Democrat., 1934-05-04

ITALIAN WARSHipS SPEED
Rome, May -- tUP) - Three
Italian warships stationed In the
Red sen were ordered 10 speed 10
Hodeida 10 protect Italian sub
Jects.
The Waterbury Democrat., 1934-05-04
Statement Made By
Democratic Speaker
Is Rally Highlight
John Sheridan Predicts Increase In Taxation II Repub.
Icans Are ReeIected-OppOses Plan to Erect Sew.
age Disposal WhttemOre's Hobbies Raped

600 for new one. ~ HtIll be.
llevo some apparatus there In an.
tiuue and should bo replaced hut
now the old truck IN good truck,
hn snld. II In not going 10 be
replaced. II In able TO 10 10 fires
now. This truck should have been
turned IN when tho other was
brought and an amount realized
or II should have bocn sold 10 n
small town, he declared, Az u In
tho borough will later have TO pay
for repairs on tho old truck.
Takes w Expenses
lie pointed out that ncnrly half
o million was appropriated last
year by tho freomon. There was
over $4,000 appropriated In tho
welfare department despite tho
fact they were told conditions
would bc no bo,ctr and despite
tho fact moro had been spent the
previous year, The state sent
them s2i,5OO IN credits, Mr. Green
snid, Besides this tho department
received thousands of pounds of
pOrK and many dozens OF oggs and
other food HtuffH which took away
Homo OF the burden OF the de.
partmont OF feeding tho needy.
The department spent all of this
which amounts 10 well aver $780,
900 when tho value OF tho food
stuffa In considered, no asserted,
There In no excuse for Il tho bud
get was proposed nj tho start of
thcye AR the year, lilo urges his
audience 10 analyxc tho various
Items Mt the next freemon's meet-
Ing and II thay are too low, try
I oRot them raised 10 YOU won't
have budget ovcr-Apont all the
time,
Ito agreed with Mr. Sheridan on
tho sewage matter, saying the state
water commission In taking Naug-
atuck for "A ride" In connection
with II, using tho borough ns a
wedge to get other towns 10 act.
Towns north OF us will not be In
n financial position 10 undertake
this work for from eight to 10
years, IN HIS opinion, inHtond Of
saving money tho borough stands
to lose 10000 by erecting the
plant II tho other towns delay ms
long M ho anticipated, he said.
The Waterbury Democrat., 1934-05-04

Mr. McNhmhrh Hhlu u ~ nus
man 10 err and have erred In
trusting In the hinceritw OF every
member fths progressive party.
I am talking for the democrats
now he said because l. believe they
are best for you and me. HIS
attacked the republican odminia'
tration, pointing out taxes were 20
Ing up and up and saying the ad-
mlnistrntion did not follow the
merit ayatom In appointments, re-
ferring directly to the appointment
Of Mr. Groh. Eventually you Will
have TO get better Leadership. he
concluded. why not now9"
Mr. Fitzgerald thanked voters for
their support In the past and urged
them To vote democratic this cleo
tin,
Mr. Dinncy said he would work
for the FIRST ward constituents and
Mr. McDermott praised Mr. sheri-
dan and told of the fine record OF
President Hoosecelt. lie urged the
borough voters to follow the ex.
ample the country and vote dem
Ocratlc.
The Waterbury Democrat., 1934-05-04

A nominating committee consist
Ing Of Mrs John n. Ferris, Mrs
Tracy Noble and Mrs Louis l.. Cur
fiss was named yesterday NJ "a
meeting Of Sarah Rogers cbnptsr.
II wIil nominate officers and The
election viii take place ~ the next
meeting whIrh viii he the annual
one. Election ain take piace then
Mrn Frank a. Bronson. delegate
10 The convention IN Washington,
reported on her trip.
Miss FInFener ~. cgVfui gave
40 interesting talk on historic
The Waterbury Democrat., 1934-05-04
Set Aside A2.OOO

on the suggestion OF Mr. Mae
Donoukh u was decided to set
aside $4,000 OF tho $4,000 appro.
priatcd. and uae this for routine
repairs, and use the rest for unex.
jecta.
Mr. Chlttendon said materials for
the Pond Hill work. where toilet
facilities were Installed and the
building paintcd inside and ou,
amounted to $i.073.
1T nlI goes 10 show even a small
job In expensive I" he added. Chair
man Itodenbach pointed out that
IN ordinary times this work would
nave 10 be done but would be dis.
tributcd over "a period OF years. n
IN permanent Improvement, he
SAID and 10 the town will benefit
later. he stated.
The superintendent said he will
Ike 10 repair the wiring system al
inc Prospect school which In old
but not dangerous. No action on
this Huggeation was taken.
The East Waterbury roa1 trsnt
porthtlon matter struck a anae
tnid the superintendent. II had
been hoped Lionel LcclaIr would
be willing TO transport pupils from
this district nj a low price, seeing
he also had the job Of transport
ing other pupils but the superin-
feDdent reported Mr. LecJalr want,
W day. The hoard members con.
slderod this price too high and In.
structed Mr. Cbltten len 10 see n he
could obtain q lower figure. Some
dlssatisfnctIon with The present ar.
rangement Of rsnsDortlng children
ny Mr. I.eclaIr was expreased by
the superintendent.
Although educational work an.
der the FERA stopped April 80,
four OF the Ave teachers employed
mere under II had been Transferred
20 the nursery school work prior
to that and THU work In sflll being
continued AZ outside expense. This
held seems more aabIn n was
brought out and the CLASSES viii be
continued through the summer.
They nrH BrOviDn noot,Iar .vft 4.
The Waterbury Democrat., 1934-05-04

The funfFnI n Mrs Mary fKIeIy1
O'MnrB viii be- held Tomorrow
morning ~ 1850 O'Clock from the
GIlnack FuBerHi Home, ~ Park
place and ~ = o'clock ~ ~ FIRM.
cis church. burial Will be IN M
James cemetery. Friends may call
a. the funeral hume tonight.
The Waterbury Democrat., 1934-05-04

" was dfcIFfd 90 have tbe su-
perlnfendeBt sisrf work Of x-ray.
Ing pupils this month n ne e0nsid-
err u advIsaLIe. THE viii be done
:" determine II amy have tnbercu.
i"sls. The payment ~ o small fee
and signed eOrteBt of parents for
this work VIII be- required. u car
be done Within few DAYS when
started. the superintendent stated
ttr Baker. health officer In IN favor
~ such work. he added.
lilRb school graduation VIII be
held June ~ ard grammar school
graduation suGs 20. The supeFiu-
tcndeni was ordered by tbs board
The Waterbury Democrat., 1934-05-04

Nnngatuck, May A predlc.
tloa By John Sheridan, democratic
burgess for warden, that " the re-
puhllcmnH are reelected next Mon
day, there viii be nm Increase IN
eaxatlon Just M there was this
wear, and n statement by Frank
Green. democratic town committed
chairman that at,AOO appropriated
ct the meeting % tho board OF war;
den and bnrgcsNes Tuesday night
was Illegally appropriated, were
che high lights OF tho democratic
rally last night NJ the Mlllville H.
brary.
There was a good attendance nj
she rally, Speakers aside from the
ewa mentioned above, were James
fitzgerald, party candidate for tax
collector; Rcpreuentntive William
McDermots, Joseph Dinneny, can.
dldata For burgess IN the first ward ,
George Mcnamara, progressive
leader last year who this year IN
nupportlnng tho democratic party,
and Richard Durkin, hrh ware
committeeman who introduced the
speakers,
Under republican rule, Mr. Shcri.
uhn hhlu, tH0Eu nus VN.H '"'''"o.'
penMonnol IN many departments,
such increases M democrats ~
much better times would never
dream OF. ~ can foresoo now more
increases and more burden to the
taxpayers II tho republicans win
Monday" he asserted.
u cant SEE why our IRE ana
police departments should go he.
You'd figures vet by the fretmon''
he added.
The Waterbury Democrat., 1934-05-04
banquet Guests


Miss Eliza sweeney and Miss
Jane TwItchell, both teachers In
the grammcr schools for more
than 30 years Will be guests AT the
annual chamber Of commerce ban
auet next Tuesday at 7 o'clock.
Miss Sweeney retired this year.
Other speakers than those nnnoun-
ode previously Will be Calvin X.
Kazanlian of the Peter P0ul Candy
Co, and Lewis A. Dlbblc Of the
Kisdon company.
He'd Cross Asks Books
The local Red Cross today urged
local people 10 bring 10 the chap
ter house used books which are
lying around In their houses. Books
are needed for foreign ex-servIce-
men. Every Christmas things are
sent 70 ex-servicemen IN foreign
hospitals and preparations for
these are made now. The books are
much needed. Those suitable 20
such persons will be- taken.
The Waterbury Democrat., 1934-05-04
CONN HEIRESS
GIVES UP BARBER

CONTINUED nom Page -
The Waterbury Democrat., 1934-05-04

IN the high schol In the term
ending March 81. 1894 there we're
500 pupils ami the previous year
IN the same period iber. were sos
But year axe ~ this time there
was q total ~ z7i5 pupils In al
schools. Nov there tire 1860,
a-......s.sa - A. a.aaa...
The Waterbury Democrat., 1934-05-04

Mr. and Mrs Frank Mclean have
have moved TO their summer home
at Lake Quassa paug.
The Washington times., 1934-07-20
Misjoinder Alleged

The defendants in their de-
murrer contend that the plaintiff
has misjoined the parties herein,
that there is no allegation of
authority to bring suit, and that
plaintiff failed to allege certain
statutory conditions precedent to
the right Of the plaintiffs to
bring suit; i. e., the declaration
fails to allege that any application
has been made to the department
under whose direction the work
was done, or that an affidavit was
furnished to said defendant or
that a certified copy of the con-
tracts and bond were furnished to
plaintiffs as is required by U. S.
c., Title 40, Chapter 3, Section
270, and in that said amended
declaration fails to allege a notice
Of publication as required by the
aforesaid Section 270.
The Hurd Law, U. S. c. (Title
40), Sec. 270, provides among 9th
er things:
"That where suit is so inSti-
tuted by q creditor or by credi-
/ tors, only one action shall be
brought, and any creditor may
file his claim in such action and
be made a party thereto within
one year from the completion
Of thezwOrk under said contract,
and not later.
eff the recovery on the bond
should be inadequate to pay the
amounts found due to all of said
creditors, judgment shall be Civ
en- to each creditor pro rata Of
the amount Of the recovery.
provided further, that in all
suits instituted under the prOvi-
sions of this section such per-
sonal notice Of the pendency Of
such suits, informing them of
their right to intervene as the
court may order, shall be given
to all known creditors, and in
addition thereto notice of publ
cation in some newspaper of gen.
eral circulation, published in the
state or town where the contract
is being performed. " " ."
The Washington times., 1934-07-20
Single Suit Permitted

From the above it will be noted
that only one suit may be filed
within a period beginning six
months from the date of the con-
tract and ending one year there
from. All persons having claims
under the bond may intervene and
the creditor who files suit, in fact,
brings it on behalf Of all such
plaintiffs and is required to serve
them with notice. In this respect
the law is somewhat similar to the
bill in equity filed to enforce a
mechanics lien.
This action is in the nature of
an equitable one and therefore
the parties plaintiff are proper,
If not necessary, parties.
Equity Rule 13 of the Rules of
the Supreme Court Of District of
Columbia d93D, as to parties, is
as follows:
every action shall be prose
Cuted in the name Of the real
party in interest, but an execu-
tor, administrator, guardian,
trustee of an express trust, q
party with whom or in whose
name q contract has been made
for the benefit Of another, or q
party expressly authorized by
statute, may sue in his own
name without joining with him
the party for whose benefit the
action is brought.
"AII persons having an inter.
est I'm the subject Of the action
and i'm obtaining the relief de-
manded may Join as plaintiffs,
and any person may be made q
defendant who has or claims an
interest adverse to the plaintiff.
"Any person may at any
time be made q party II his
presence Is necessary or proper
to q complete determination Of
the case. Persons having q
united interest may be Joined
on the same side as plaintiffs
or defendants, but when any
one refuses to join, he may for
such reason be made . defen-
dant."
The Washington times., 1934-07-20
HOL[AR TRIAL
NEARS CLOSE

HAGERSTOWN, Nd, July 20.
Counsel for Allen L. Hollar, As,
on trial here charged with fatally
shooting George A. Saum, "a,
enighbor, as the outgrowth of an
eScapade of Saum and Hollar's 16-
year-old daughter, Jane, in June,
said Hollar will be placed on the
stand today. The case probably
will reach the jury late today.
Two witnesses for the defense,
the wife and daughter of Hollar,
were heard before adjournment
late yesterday. The girl was
briefly questioned. Efforts by de-
fense to bring out testimony con-
corning a weekend trip of Saum
and the girl to Washington, where
she was later located, met objec-
tionS from the State, sustained by
the court.
Detective William Peters, for
the State, testified that at a
conference between himself and
States Attorney Harshman, the
accused expressed a desire that
Saum be released from Jail. The
widow Of the slain man testified
that Hollar visited her home and,
after expressing sympathy for her,
declared:
"It won't be good for George
if I get my hands on him."
Captain Of Police Emmert teS.
titled that Hollar said his mind
went blank after firing the first
shot. The defense attempted to
establish that the fatal shot was
fired during a struggle between
Hollar and Saum for the gun.
The Washington times., 1934-07-20
HURD ACT-DEMURRER-MIS-
JOINDER U. s. c., TITLE 40,
CMTNHHnAI. 07n

HURD ACT-DEMURRER-M1S
JOINDER U. s. c., TITLE 40
SECTION 270.
I. The purpose Of the Mo
tsvi0lnsn's Act, which is highly
remedial and must be construed
literally, is to provide security
for the payment Of all persons
WhO supply labor or materials
in a public work, thGt is, to
GiOe all creditors remedy on
the bond Of the contractor to
be enforced sUithin a reason
able time in a single proceed
ing in Ohich all claimants shall
unite.
2. The l0sO Of any State of
America, Uhether depending
upon judicial opinion, is a mat
ter Of which the courts of the
United States are bound to
take judicial notice without
plea or proof.
In the case of United States oj
to the use of Shartzer et
al. VS.. H. Herfurth, jr., Inc, a
declaration and amended declara
ton were filed under the Hurc
act. A demurrer was filed to the
declaration and the
cause came on for hearing before
Mr.. Justice Luhring on the de
to the amended declar
alton.
The Washington times., 1934-07-20
Purpose of Law

In affirming the lower court,
MIR. Justice Sanford, 70 L. Ed,
p. 631. said:
"The purpose of the Material
mems Act, which is highly RENE
dial and must be construed lib
orally, is to provide security for
the payment Of all persons who
supply labor or materials in a =.
public work, that is, to give all
creditors a remedy on the bond
Of the contractor to be enforced
within a reasonable time in sin
gle proceeding in which all
claimants shall unite"
In Chicago Bonding and Surety
Company VS.. United States, for
the use Of Frank Adams Electric
Company, 261 Fed. 266, it was
held in a suit by a materialman
on the bond of the contractor
for public work that the right
to recover on behalf of a subcon.
tractor is not affected by the fact
that is is represented by a re-
ceiver, who could not sue in a
foreign jurisdiction. The Court,
p. 268. said:
shields contract was with
the United States. One Of his
promises to the United States,
secured by his bond, was to
make prompt payment for ma
terialS and labor. This suit
was by the United States itself,
and in its own interest as well
as that Of the claimants, to en-
force that specific obligation.
United States F. q G. Co. v.
United States, 2O4 U. S. 349,
~ Sup. Ct. SS1, 81 L. Ed. SIG.
"ASSuredly the United States
had authority to sue in the
Federal courts Of Illinois. And
assuredIy the receiver has au-
thOrity to accept payment from
the United States in Pennsyl-
vania."
The basis of the contention that
plaintiff failed to allege authority,
is "thiS court will not take judicial
notice Of the statutory law Of a
sister State (Gaquet VS.. Lapeyre,
(191D, 242 us. 367, 81 L. ed 367) -
The case cited is not in point. It
involves q question as to how far
under the Constitution the full
faith and credit must be given in
a State court to a judicial pro-
ceeding in another court.
While it is generally held that
a State court does not have to
recognize and does not usually
take judicial notice of the laws of
another State, this is not the rule
in the Federal Court. In the Fed
eral Court the judge must take
judicial notice Of the laws Of an
other State. Lamar VS.. McCann,
ia U. S., 218, Pennington VS.. Glib
son, IA L. Ed. S47, % c. j., p. 1877.
After hearing, Justice o. r.
Luhring overruled the demurrer
to the amended declaration.
The plaintiffs were represented
by Aubrey B. Fennell and L. Q. c.
Lamar and the defendant by
Douglas, Obear and Douglas.
The Washington times., 1934-07-20
LEGAL NEWS---COURT RULINGS
Joint Suit Declared Proper
Under Materialmen's Act

dropped, by order Of the Court,
at any stage Of the cause, as
justice requires.
"2. Persons may be Joined rs
defendants against whom the
right tU relief is alleged to exist
in the alternative, although q
right to relief against one may
be inconsistent with q right to
relief against the other"
1t will be noted that the above
section expressly provides that the
action shall not be defeated BY
nonjoinder or miSjoinder of par
ties. If counsel is unable to de
termine the proper party plaintiff
and cannot, therefore, amend his
declaration, the sustaining OF q
demurrer would certainly defeat
his action and also if he selected
one Of the equitable plaintiffs and
it developed at the trial that the
party dismissed was, in fact, the
proper party, the action would
likewise be defeated because this
Is the only suit that can be filed
under the statute.
The above section also express
ly permits defendants to be joined
in, which relief is sought in the
alternative. This, of course, is dt
rectly contrary to the common
law Of pleading. In the case at
bar the alternative is with the
plaintiffs rather than the defend
ants as expressly provided for in
the above section.
In U. s. VS.. Fleischmann Con-
struction Company 298 Fed. 800, it
was held that in suits under this
act suit could be brought against
the contractor by subcontractors'
assignees in his own name or in
that Of the assignor. The court
said:
"a further ground Of objection
to the allowance of this claim
is that there was no interest
on the part Of the interviewer.
The answer to this is that it
showed q valid, SubSisting as
signment, transferring to it all
the title, right, and interest Of
the Keppler Company. The
rights as between itself and
the Keppler Company are mat
ters in which these defendants
have no interest.
"A judgment in the present
action is conclusive against the
Keppler Company and its as
signee, Otto and Sons, Inc.
Otto and Sons, Inc, as as
signee, might have sued in its
own name or In the name Of
the KeppIer Company, and the
assignment, in q proper legal
form, being shown, the amount
Of consideration paid on &C
count Of it was of no COnse-
quence in this behalf"
The Washington times., 1934-07-20
.BeruUy1s Husband
Awarded DiUOTce

Henry LaValle, of Berwyn, Md,
was awarded a limited divorce in
the Prince Georges County Circuit
court yesterday at Upper Marl
boro from Beulah E. LaValle, Of
Potomac, on q charge Of deser-
ton. The alleged desertion oc-
Cured 10 months after they were
married at Berwyn, it was stated
In the bill Of complaint
The Washington times., 1934-07-20
1000 MILLION
ISSUE, PLAN
By International News Service

BY international News service
Consideration Of a Government
financing program Of more than
/ 900 million dollars September 10
was under way today at the Treas
ury Department.
II conditions continue as at
present, a long-term bond issue,
Carrying q rate Of around 3 per
cent. appeared a probability.
On September is, $524, ,748'5OO
in W. per cent certificates ma.
ture. The Treasury has called
1000 million dollars OF the out
standing ~ fourth Libertys Tor
October IS. Any portion OF this
. bloc may be retired on or before
that date. It was indicated today
; that some of these bonds would
: be redeemed october IS.
: Acting Secretary Coolidge de-
clined to discuss the situation, ex-
cept to say that there will be no
major financing before Septem-
ber IS.
The Washington times., 1934-07-20
Paroles Are Asked
For 2 in RObberieS

Applications to parole David
johnson and George Rutter, both
convicted in the Prince George
county circuit court, have been
made to Gov. Albert c. Ritchie,
and q decision is to be made
after a hearing on July %, ac-
cording to David c. Winebren-
ner, Maryland secretary Of state.
johnson, colored, was convicted
in 1888 for robbery and sentenced
to two years in the Maryland
House Of Correction. Rutter, con-
victed in 1882 for larceny and re-
ceiving stolen goods, was given a
three-and-a-haN year sentence In
the Maryland Penitentiary.