Waterbury Democrat., 1902-07-17
LIQUOR DEALERS AMAZED.
Have Not Yet Recovered From
 Shock of Revised Statutes.


 They Scarcely Know Which Way to Turn for Relief--Many Lawyers Be- lieve the Law Unconstitutional aOthers Claim It the Reverse--Attor- ney Guilfoile Thinks the Commission Overstepped the Bounds of Their Authority-Liquor Dealers Associa- tion to Take the Matter Upn
 Ihe liquor dealers wilo may be af- fected by the revised liquor laws are wondering where they are at in the matter. They appear to be so amazed that they have not so far taken any concerted or even individual action. They have not done anything but dis cuss the law and these discussions take them into fields of speculation without limit, The revised law has fairly taken their breath away. There never was such a surprise given the trade in all it's history in this state.
 The question that seems to interest the public is the constitutionality of the law. Lawyers are doubtful about this. They disagree and even Prose- cutting Agent Pierce has nothing to say about it. The lawyers, however, appear to be of the opinion that the commission who revised the statutes overstepped their powers, for in chang ing this law as they did, they did more than ''revise, correct, arrange and ln- corporate together the laws as they stood.
 According to Representative Gull foile, who was a member Of the com mittee that ratified the revision of the laws, said to-day that there ap- peared to be serious doubt between the members of the revision commis- sion as to the powers, and that they asked the opinion of the respective judges of the supreme court. Here even there was a division of opinion, for some of the judges gave 1t as their opinion that the revision commit tee could not change any of the stat utes. but could be quite liberal in their revision and corrections, while other judges of the court said that it was within the power of the commission to make any change they desired. MT Guilfoile said that one day the mem bers of the commission were discuss ing their powers in this matter and each of them said that he was acting upon the advice of such and such judge of the supreme court, therefore he went to work upon the statutes confident that what he was going to do and had done was legal and consti- tutional But it is the opinion of Mir Guilfoile and other lawyers in this city as well as the majority of them throughout the state, that the commits sion in changing the effects of any law acted illegally and overstepped their powers.
 But even admitting this, the legal fraternity say that the revised stat utes become law upon the expiration of the license year and inasmueh as they are already printed and endorsed by the committee to ratify them and approved by the legislature it will be a very difficult mater if not impossible to eliminate them. One lawyer said that it was the intent of the old law to prohibit the sale of intoxicants within 200 feet of any. public school property,, church edifee, public library or cemetery and that that being so the revised section in question was merely literally not actually revised. There fore the commission did not oyerStep their powers They simply made more definite the section in question, accord ing to this authority, by making more plain the duty of the county commiS- sioners in the premises.
 The Liuuor Dealers association will no doubt take the matter up and that there will be some attempt to bring legislative attention to it next winter is a certainty. It will pay to be a member of the committee on temper ance in the next legislature. Hith- erto that committee has been consid- cred a minor body, but next winter it will be one of the most sought for. There will be grand rush for seats in the front row, for legislative action means the spending of considerable money.
 Another statute that has been re- vised makes it punishable by fine of $1O and not more than $200.to be found in saloon after legal hours, and fur thermore sentenced to six months in jail for a second offense, while the old law made such an offense punishable by a fine of not more than $7 The more one studies the revised statutes l it becomes apparent that they were revised for the purpose to not only pro- hibit offense, but to punish most se- verely. MT Greene of Norwich, who did the work on the liquor laws, did his work most effectively. It was thought that he had allowed the law relating to judges of the minor courts granting certificates recommending them to the consideration of the coun- | ty commissioner saloon keepers found guilty of violating the laws, but it now develops that MT Greene got in his work here also. Section 2,677 is jas follows:
 Whenever any person licensed to l sell spirituous and intoxicating liquors shall have been convicted of the viola tion of any of the provisions of this title, he shall, in addition to the penal ties for such offense, incur a forfeiture of his license and all moneys that may have been paid therefor, and the county commissioners shall thereupon revoke his said license, and he shall not thereafter, for the space of one year from the date of said revocation, be capable of receiving any licsnse to sell spirituous and intoxicating liq- uors''
 The law does not leave the matter | with thn oa111.te or oo,Iy,