The Waterbury Democrat., 1937-09-14
MANDAMUS HAS
 BEEN INITIATED
tCOntlnued from Page D

T
 The states attorney referred to the remark made by Attorney Fred- eric O. Sgnedley last night before the Beard of Aldermen which was to the effect that he and "the state's attorney and his assistant dis- agreed" with Mir. o'ConnOr's l opinion.
 we haven't seen Mir. o'Connor's opinion" said MT. Lewis.
 Complaint Alleged
 The complaint by which the writ of n1andarnus Is sought sets forth the plea to the court that individual members of the board of aldermen, acting as Q board, "on or before Sept. l7, instruct the defendants Frank Hayes and Dora A. Egan to place said question (arnendment providing for merit systeml on the voting machines to be used in the election to be held in the City of Waterbury, October 5, 1e97."
 This document is signed by Mir. Lewis in his capacity as states ate torney and was presented by John M. Brodie, John B. OoSs, William F. Burke, and Gustave H. Reihl.
 MT. Smedley, asked about the denial of the states attorney of his claim that they backed his dis- agreement with MT. O'Connor's opinion, said that he "had under stood" this to be so.
 Appeal Fer Writ
 Tn the appeal for the writ of mandamus, Sections 66 and 67 of the Charter of the City of Water bury are quoted to support the n1er- 1t systems packers in suhstantiation of their claim that they are within legal rights asking that the proposal be referred to the voters. These sections provide for changes by amendment, at election or Q spec cial election, by voters, when peti- tions with 26 per cent or more voters signatures are presented to the city administration.
 The Merit System packers recite that such Q petition was presented and relate proceedings of the board of aldermen which appointed @ committee to consider the petition and then turned the matter over to the corporation counsel who gave his opinion that the proposi- tion was illegal.
 Took No Action
 Mayor Hayes is accused of taking no action either approving or dis approving said votes of the board of aldermen" which, 1t is com- plained, is stipulated by Section 41 of the City Charter under the heading: Approval or veto by mayor. Town Clerk Egan is named as defendant because 1t is under that oflce that preparations of bal- lots Is made for the election.
 Mayor Hayes, the town clerk and all of the aldermen are summoned to appear at the hearing next Fri- day.
 Application For Writ
 Following application for the writ today, the Merit System workers issued this statement:
 Tn the opinion of the Water bury Chapter of the Connecticut Merit system Association, the ruling of the Corporation Coun- sel made public last night Is contrary to the provisions of the City Charter. The Corporation Counsel brought out nothing new. All the points h0 made were considered months ago by members of our legal committee. In effect, MT. O'Connor said that the city charter can be Amended to provide for a board of civil service, but the amendment will be illegal if 1t attempts in any way to depart from 8 particular merit system as set up in the general statutes. Obviously such @ ruling Is contrary to the intent of the state legislature when 1t granted the city of Waterbury Q certain degree of home rule.
 "Furthermore the corporation counsel did not point out in what particulars the proposed amend ment Is illegal. He dealt only in generalities. When he did become specific, he said the amendment should provide for Q chief exam iner" instead of c personnel di- rector This line or reasoning is entirely unsatisfactory and we believe the board of aldermen and the mayor were in error in abiding by any such ruling.
 lover 5000 citizens have de- manded that the merit system question be put on the voting machines this fall. We have promised to co our best to carry out their mandate. The action of the board of aldermen and the mayor leaves us no alternative but to take the matter to the courts"
 .JOFTN M RR0NTE