The Waterbury Democrat., 1938-02-03
SPECIAL PRICES FOR THURSDAY AND FRIDAY ON
MACDONALD HAS
 WON DECISION
(Continued from Page D

(Contlnued from Page D Commissioner John A. Macdonald as wasteful, inefficient, and un- sound, among other things.
 No action as yet has been talk en on this report.
 Back to Macdonald
 Attorney General Charles J. Mo- Laughlin took steps at once to re- turn all control of highway con- struction and maintenance to Com- missioner Macdonald, whose depart ment now is being investigated by Fairfield county grand jury in connection with alleged eXorbitant prices paid for rights-of-way for the $2O,000,000 Merritt Parkway.
 q shall see,' sai Mclaughlin, that adjustments are made forthwith in accordance with the provision of the decision"
 Written by Justice Hinman
 The unanimous supreme court opinion was written by Justice George E. Hinman, He went into a lengthy discussion of the intent of the general assembly, and the state reorganization commission before 1t, in creation of the public works de- partment.
 "It is apparent Hinman wrote, "that the general assembly approved the recommendations of the com- mission to the extent of retailing the existing method of administer ing state and state aid highways and bridges, and creating depart ment of public works with such jurisdiction and powers over state activities as is conferred by the act adopted"
 Justice Hinman said legislation passed by the 1897 general assem- bly, prior to passage of the public works act "is indicative of an under standing that the jurisdiction of the highway commissioner has not been affected by that act"
 Hurley's Main Duties
 Hurley's main function now 1t was understood, will be to administer the states $15,000000 building program, which is just getting under way. He also has supervisory charge of Con- necticut-owned buildings.
 He sent his accountants and audi tors into the highway division shortly after he assumed office last summer, on the strength of an opinion from the then Attorney General Edward J. Daly, now a superior court judge.
 Daiy ruled the term "real assets" around which the entire jurisdic- tional battle centered, included highways and bridges and that, therefore, Hurley was entitled to administer their construction and maintenance.
 The Connecticut Rural Roads Im- provement Association, Inc, there upon filed suit in superior court challenging Hurley's right to inter- fere with highway department &C., tivities.
 Extensive litigation resulted final ly in the supreme court ruling, which was handed down last night.
 Is More Confusing
 Competent authorities regarded the present situation as more con- fusing than ever, since the Hurley report now appears to have been written without statutory authoriza- ton. Although there are no pro- visions ir the law which prevent such an activity, there is 8 tacit un- derStanding among state capitol commissioners that none will in- fringe upon the domain of the other.
 Hurley was understood to have taken over functions of the highway department solely on the opinion of former Attorney General Daly. Now that opinion has been over thrown by the supreme court.
 The situation was seen as plac- ing Gov. Wilbur L. Cross in a diff cult position of having to take some action either in support of, or in opposition to, the Hurley report. He was understood to be waiting for 8 reply to the charges by Commis- sioner Macdonald, but there was no indication when this would come.
 Meantime, Fairfield County States Attorney Lorin w. Willis as- serted he believed the new situation would have no bearing on the grand jury inquiry into the $6,100,000 Mer- ritt Parkway land purchases.