The Waterbury Democrat., 1938-01-14

eyes, turned to Corporation Counsel O'Connor and shot back, You've been in the papers enough already, MT. O'Connor," evidently referring to present situations of city hall. With a bound, MT. O'Connor was on his feet, Your Honor," he said, T demand that this man be repri- manded."
 Judge McEvoy retained his si- lence, as MT. O'Connor continued in his demands for reprimand to MT. Cassidy. Evidently, MT. Cassidy. bv that time realized his mistake in addressing O'Connor instead of Traurig, for he said, That won't be necessary, Your Honor. I apologize MT. O'Connor. I mistook MT. Trau- rigs voice for yours"
 The trial then proceeded.
 The action was brought against MT. Harrington, Building Inspector Patrick Carlin and Mayor Frank Hayes, by a group of residents of the Woodlawn terrace district, rep- resentative of 25 property owners.
 The petition before the court at present seeks temporary restraint upon the work of constructing the gasoline station, which was made possible by the board of aldermen on January 3 when they changed the zoning restrictions of the area A permanent injunction is sought in another section which will be tried shortly. Damages of $5,00o are also asked.
 Await Court Action
 The bond is sought by the defense to safeguard against the loss which allegedly will be suffered by the pendency of the trial. They offer no objection to the granting of the tenn porary injunction, until the matter can be settled in the court. | The defense claims thas they were to seek permit to erect the gaso- inc station on next Tuesday. and that immediately the land was to be rented for $75 a month as such Corporation Counsel O'Connor said tnat It would be his duty to fore stall Issuance of that permit until the legal aspects of the case were settled.
 Protect Children
 Attorney Cassidy stated that he is seeKlng to protect 400 school chil- dren, who attend sections within 2oO yards of the place where the proposed gasoline station will stand
 counsel for the defense, consisting or Corporation Counsel O'Connor Attorney Traurig and Attorney Rlchardson Bronson differed vigor- ouSly With several of the statements made by Attorney Cassidy with ref erence to aldermanic hearings on the zoning change.
 Different Board
 One of MT. CaSsidy's main obiec- tions is that the board which an- pointed the committee to consider the change was a different board rom the one which accepted the committees report. Corporation counsel O'Connor stated here that m making the change, the board of aldermen was amending the charg- CT, and that such could have been done without referring it to com- mittee. He continued that the court has no right to act unless the board or aldermen has abused its discre- ton or acted illegally.
 In pressing his arguments, MT. Cassidy called upon Judge McEvoy to see that the constitution of the United States and the decisions of the courts of this state be adhered to. T say the law has been terribly violated" he commented. Gamblers Chance Continuing in his charges, which at times were vitriolic he at times referred to the plans of MT. Far rington for erection of gas station as gambling.
 Early trial of the actual case was urged by Attorney Bronson. Several of the residents involved in the litigation appeared in court today.