The Waterbury Democrat., 1935-07-15

there might be some difficulty in reconciling them.
 It is significant that none of the law enforcing officers who were in- cluded in the injunction have join- ed in the motion to dissolve it.
 It may ultimately be determined upon a hearing up merits that Liq- uor Control Commission has no au- thority to renew the plaintiffs per- init because it expired after July 1, 1885.
 It may be determined that the plaintiff was required to apply for a new permit.
 |. Upon these points no opinion is herein expressed as such decision is not within the purview of these proceedings.
 Upon argument of the motion it was suggested by the named de- fendants that the plaintiff ought to surrender his present permit and apply for a new one or that he ought to risk prosecution and if convicted, appeal therefrom. It Is to avoid just such hazards that the injunction was asked and granted.
 The pertinent feature of the injunction now in force is that it enjoins all of the defendants there- in named from instituting any ac- tions, suits or proceedings, civil or criminal, or for forfeitures or pen alties against the plaintiff or aganist the property of the plaintiff, by ,ooeav, of I;o o1pfip,,inor fa onarafo a his tavern from July 2, 1885, until said Liquor Control Commission takes final action upon the appli- cation of the plaintiff now pending before it for a tavern permit or until further order of the court in the premises. And the Liquor Control Commission is further re- strained from deeming the plaintiff herein an unsuitable person to hold a liquor control permit by reason of any action hereunder or by reason of his continuing to operate his tavern under said injunction
 The first sentence quoted is prac- tically in accord with the statutory provisions respecting criminal pro. ceedings.
 The 1895 Act goes beyond the terms of the 1888 Act and indi. cates an intention by the Legisla. ture that all criminal proceedings be stayed until after final action by the Liquor Control Commission.
 It should be noted that none o1 these statutes undertake to ulti. mately eliminate criminal proceed. ings against permittees but merely to suspend them until after fina action by the Liquor Control com mission.
 A fair reading of this phase ot the injunction shows that the in. junction goes no further than to affirm and require recognition o1 the plain intent of the existing sta ute.
 The second sentence of the con- cluding part of the injunction should be read and interpreted ir the light of it's real meaning and purpose.
 If it concluded with the word permit" the injunction would con. stitute an unwarranted invasion o1 the function of the Liquor Contro commission and usurpation of au- thority by a judge not consisten; with the obvious intent of the legis- lature nor with the recognized and weli-esta blished spirit of comity and respect which has long char acterized the executive, legislative and judicial departments of oui state.
 The Liquor Control commission is not generally enjoined nor is il required by mandatory injunction Ito refrain from deeming the plain. tiff an unsuitable person to hold 6 liquor control permit" but the re. straint and injunction come into force only insofar as 1t may affect or be based upon faction (by the plaintim) by reason of his continu. ing to operate his tavern under said injunction.
 It Is not as If the plaintiff defied the commission and undertook to place his own interpretation upon the legislative intention. He has proceeded in an orderly way; made what appeared to him under the advice of competent counsel, a proper application and he has asked . judge of the su. perior court to grant him such relief. by way of injunction, as will permit him to be reasonably heard by the commission and 10 be req. sonably protected against undue hardships or the lnfiiction of un. warranted penalties upon him pending the final action oe the commission ln the premises. This ia the letter and the spirit Of the injunction now in force. it ought te be possible and C ll aEpedlent f0F the peace and oFs Ger Of the whole community that harshHess De avoided And that ali applicants. ihe commission and all enforcement efieeFa eo,eperais