The Waterbury Democrat., 1937-07-06
SPANISH MOVIE
 HEARING TODAY

(Continued From Page D would be thrown out of court. If they are denied by Judge Inglis, the trial Of the actual injunctive meas ures will begin.
 Three Grounds
 The three grounds of the de- murrer are as follows:
 1. Seeking an injunction is the improper procedure. A writ Of mandamus should have been sought.
 2. The city charter gives the chief of police discretionary powers, and he has the right to use his judgment in such matters. 3. Other means of relief should have been sought by the plaintiffs before the bringing of the case to court.
 Statement of O'COnnor
 Arguing on the demurrers today, Attorney O'Connor stated that Superintendent Roach's duty is to see that the law is enforced. and also to prevent trouble. Consider ing that the picture. Spain in Flames" might have caused trou- ble, he was duty-bound to ban it.
 Insofar as the court action is concerned, Attorney O'Connor stat ed that the committee could have gone either to Mayor Hayes or to the board of police commissioners for relief, instead of the court. Both have superiority to the chief Of police. Attorney O'Connor also ad- vanced the opinion that it would not be public nuisance if the permit for the picture were not granted.
 Continuing in his presentation of the demurrer, Attorney O'Connor stated most definitely that the in- junction wanted was out of the question, and that if granted would be equivalent to ordering the police chief to change his mind. In short. he argued, 1t would be taking away the powers of the chief of police.
 Rebuttal of Wells Tn rebuttal of the demurrer, At torney Wells argued that 1t would be impossible to start an action on mandamus proceeding until Septem- Der. He further stated that Super intendent Roach merely termed the picture controversial" in banning 1t, and this was not sufficient reason. They persist that the demurrers should be overFuled and the injunc- tions granted.
 If the injunctions are granted the picture, Spain In Flames" will be shown at Temple Hall, July 22. A previous attempt to show the same picture g. the same place was frus- trated when Chief Roach refused to issue the necessary permit. After several weeks of consideration the court action to force the issuance oi the permit was taken by the com mittee.
 The picture is said to uphold the Loyalists' cause.
 The controversy over Spain in Flames" began late in May. The To- cal chapter of the North American Committee to Aid Spanish Democ- racy applied for permit to show the picture at Temple hall June 5. The petition was denied by Supt. Roach on the ground that the pic ture was too controversial and might cause disorder. The superintendent said he had investigated and founo that the film was banned in several states and numerous cities about the country.
 A delegation of local ministers, headed by Rev. T. c. Bobilin as spokesman, conferred with the su- perntendent and sought to have the ban lifted. Supt. Roach refused He was supported in his stand by number of Catholic and veterans organzations. A controversy over the ban ragged for more than week.
 Then, last week, Attorney Ralp.l O. Wells and committee of clergy men applied for permit to show the picture at Temple hall July g They offered the requisite S for a license. Supt. Roach declined to give them the permit. The legal ac- ton followed, and Supt Roach last Thursday was served with papers ordering him to appead at Middle town today to show cause why in. functions should not be granted forcing him to issue a license anc restraining him from otherwise in- terferring with the showing Of the film Nt