The Waterbury Democrat. [volume] (Waterbury, Conn.) 1917-1946, 1935-07-16
Package Stores And
Taverns Are Aided
Judge McEvOy's Decisions Yesterday Afternoon Pre-
vent Commissions interfering in Twilight Period

Tavern keepers and packagt
store owners of the state whose
permits expire between July 1 and
July 20 will be allowed to remain
open, even though they have nc
legal permit to do so and the state
LIQUOR control commission and the
prosecuting authorities of the
state are not expected to inter
fere as a result of the decision OF
Judge Frank P. McEvoy on in
junction proceedings against the
liquor commission, handed down
yesterday.
The liquor commission has ruled
that no new permits can be issued
before July % and that permitees
whose permits expired after July
( l, the day the new liquor law went
into effect, would have to close
their doors until their new per-
mits were received. A number OF
tavern keepers and package store
owners found their permits ex-
pired in the so-called twilight
period" between July l to July
22nd. In order to protect them
SeiN6b dIlu IeiIldAu opSA Aoi JUST
ness, they came before Judge Nc
Evoy to obtain relief through in
junction proceedings.
Ballard Case First
The first one to come before
Judge McEvoy during his cham
Der session here was Peter Bal
laro, Norwich tavern keeper. He
was granted a temporary injunc-
ton retaining the liquor commits
sion and prosecuting authorities of
New London county from inter-
fering with him in the conduct of
his business until a new permit
was obtained by him.
Last week, the liquor commits
sion, through Deputy Attorney
General Harry Brooks filed a mo-
ton to have the injunction dis
solved. Prosecuting authorities did
not appear at the hearing.
Attorney Brooks argued that the
Injunction should not hold against
the commission because it was only
adhering strictly to the law in its
stand.
Package stores PFOteSG
At the same time, the Connect
cut Retail Package Store Associa-
ton, Inc, appeared before Judge
McEvoy seeking an injunction SIM
liar to Ballaro's. This application
was granted, but only as tenn
porary injunction, in a decision
handed down yesterday.
In another decision, he refused
to dissolve the injunction obtained
by BALLARD. In referring to this in
junction. Judge McEvoy states:
"It is not conducive to good or
der, in this land of steady habits,
that applicants for renewals or
permits should be required to seek
out judges and temporary protec-
ton at their hands at all hours of
the day or night, and during the
so-called vacation season., at
great expense and inconvenience
to all concerned in an endeavor to
preserve a status quo which might
be arrived at in an orderly fashion
by an agreement or stipulation"
Judges Order
In deciding to issue the injunc-
ton to the package store plain
tiffs, Judge McEvoy orders:
.'These are, therefore, by
authority of the state of Con-
necticut to command and enjoin
YOU, Frank S. Bergin, John
Buckley and Samuel r. Spen-
Ger, members of the liquor con-
troll commission, and Edward J.
DAILY, attorney general of the
state of Connecticut, and each of
you and your officers, servants,
agents and employees, to wholly
and absolutely desist and re-
frain from compelling the plain
/ tiff, Connecticut Retail Package
4 Stores Association, Inc. and its
members, or any of them, to
close their places Of business un-
til such time as action by the
liquor control commission upon
the issuance of permits to the
plaintiff and it's members is
completed and during the time
required for appeal proceedings,
If any, and during the said time
the defendants are further en-
Joined from interfering with and
prohibiting the business of the
plaintiff and its members and
from instituting any criminal
action against the plaintiff and
Its members until further order
of the court, or Judge thereof,
in the premises. No penalty for
the failure to observe this in
junction is prescribed, since it
is assumed that the defendants
will abide the terms of the in
junction until it is duly modified
or altered"
The Official Decision Was as
Follows
PETER BALLARD VS.. FRANK
s. BERGIN, EFT AL, constituting
the Liquor Control Commission;
ARTHUR M. BROWN, States At
torney for New London County;
and ALBERT J. BAILEY, Prose-
cutting Attorney of the Town Court
of Norwich.
4 SUPERIOR COURT FOR
HARTFORD COUNTY. B f or e
HON. FRANK P. McEVOY, a