New Britain herald., 1923-06-20
kIRkHAM OPPOSES
TEST OF time LAW
teentlnusa from Fira Rassl


tesR,lausd from FiEst Pager
nes or the inside OF his heuse, pro,
tlasd such eleek does net project oyel
hs street line. A merchant or Other
business man conducting a mereantils
of private business may display day,
lshl Time either IN or On his haild,
ms,
Ahai b Puhlie Bulidiag
II has been supposed hY many
thst the word public building means
any building which the public are aer
eassemed 10 Fisif>so, that the phrase
would cover private building as dis
mnehlshed from a public building,
ihis u not strange as the words pub
ne huilding' are vague aud require
construction, The Connecticut gen-
erai statutes fortunately give us light
en- this matter and defne the phrase
public building "A used in the
statutes as fellows,
THE term public building shall
include a statshouse, courthouse.
townheuse, arsenal. magazine. prison,
Iail, werkheuse, pearhense, market or
other building belonging to the state.
or 70 any county. town, city or her.
enEh In the state. and 10 any church.
chapel meeting house or other build
ing generally used for religious wor.
ship, and any college, academy. school
house or other building generally used
for literary instruction. Connecticut
statutes revision 1919, section 6T2i,
This dennition In the general
statutes OF the expression most likely
explains the failure OF the legislature
TO dehns the phrase In the particular
statute OF 1919. as IL was already by
law defined
III. Notwithstanding the above
statutory defnition OF public build !
ings' there remains any ambiguity. |
then the general rules OF construction
which are also the Connecticut rules
VIII apply. viz. penal statute 10 TO
be strictly construed: one will not be
held liable on doubtful construction;
90 a statute In derogation OF private
rights will be construed strictly
against the state In favor OF the &C
cused: usual and natural meanings OF
words are ordinarily followed.
Il might add that from the SUBJ
,ect matter ana the way II is treated,
the history Of legislation on the mat
ter and from the context Il seems that
the words public buildings mean;
owned by the state or Its
political subdivisions or buildings ,
which are devoted to public uses and
In whole or In part financially sup
kA al |
controlled in whole or In part direct
y by the state or city authorities.
Church Is Public Building
1T is therefore my opinion that the
'nly buildings In New Britain that
ire within the statute are the build
ngs owned by the state and the city,
and other buildings gener-
lily used for religious worship and
my college, academy, schoolhouse or
ther building generally used for lit n
rary instruction. II there are any v
ther buildings within the prohibition a
4 the statute, they are public build t.
ngs of similar kind to those above 3
Mentioned. such as may be owned or T.
ontrolled and held by public authori- o
les for public uses. 8
1T will be seen therefore that the IL
.atutc Is comparatively harmless and I
nat observance Of the law will create es
little confusion, an IN
oyance and damage to the general
ublic, which is operating on so-called ca
aylight saving time, particularly II at
,e clocks on the churches are eo
opped as they now are. oe
III the constitutionality of the law OF
. the meaning OF, the words public Or
lildings' are to be tested, l think
lis should be done by some person
persons other than the CITY, for the ~
ason that the city Is II SUBJ division -
the state and Is incorporated by 20
e state and the court might rule 20
e city out Of court on the ground, Ne
thout passing on the constitution 49,
lty of the act. II test case Is ar. i,v
nged. 1t would probably be at least en-,
months before decision could be nm
tanned from the supreme court. to
The scope of the law being SO art
nited. it does not seem worth while bo,
attack it's validity, as the people the
New Britain are at perfect liberty lax
run their clocks and watches on jY,
Wight saving time in their offices, Gro
uses and places of business. for
Respectfully submitted,
JOHN H. KIRkHAM, S
Corporation Counsel" ing
G. o. p. Conference Held I'M
With at least one important admin s.re
ration measure, that Of a test case 'ne
determine the validity of the anti po'
nn,o, coun,,, -. a.. ,,o mai