New Britain herald., 1924-01-30
JUDGE ALLING's DECISION

JUDGE ALIING'S DECISION
 One result of the decision Of tn
 Superior Court, upon which Judg
 Alling bases his decision holding fire
 quenters" of places where liquor i
 sold or reputed to be sold, liable t,
 arrest and punishment will bring as
 tonishment to those who never ire
 quented such places. It Is not impos
 sible that the far-reaching effect O
 this decision has not been appreciated
 even by the ordinary lawyer" Ere
 quenters' were the people being con,
 sidered in this case. But logical req.
 soning will make the section the law
 under which these "frequenters" were
 held, apply to every person who buys
 or attempts to buy liquor anywhere.
 In others words anyone who buys
 liquor from a hootlegger may suffer the same penalty as these frequent CTS" held to be guilty This is just, for the purchaser is as morally wrong as the bootlegger. But it is a new situa- ton.
 Eliminating the portions of the sec ton of the law which has been held to be effective today as it was wten passed before prohibition, which ap- plies 10 "frequenters, the section read: every person who shall purchase or attempt to pur- chase such liquors shall be fined not more than $50"
 1T frequenters may be held under this section, anyone who buys liquor anywhere may be held. And that's that.
 As to Judge filings decision pub lished in yesterdays Herald, 1t is a clear statement of the history Of the pertinent sections Of the law and might well be incorporated into a brief of any lawyer attacking tho present validity or tho section which was upheld hy the Superior Court II shows that the section was adopted originally to protect tho seller Of liquor who. at that time had a right to protection. II shows how the penal ty imposed then upon minors and posted people was withdrawn by re- peal Of a part Of the section, because they were covered by the portion left in the section. and shows that the su- perior court, in recent decision, emnced it's belief that the penalty was left to apply 10 persons 10 whom it is unlawful to sell liquor because it was the intention 10 punish fre- quenttrs. < legitimate doubt may arise. however. as to whether the leg islature, whatever it's intention in re- gard to 'freqnenters" in 1921 when it allowed this portion of the section to stand, intended to make everyone who purchased liquor guilty under this old law. And, of course, if the legislature did not intend to allow it to stand in every particular; if the legislature did not intend to continue the validity Of every part Of the sec ton. inc whole section becomes void. 1
 Emphasis should be laid on the fact that. under this new interpretations l the entire intent Of the original law has been changed absolutely. r was adopted to protect the seller in his legal rights by punishing those who . imposed upon the seller by false state . ments as to age or other matters. IL is . now changed absolutely into statute the purpose Of which is. not 10 pro- tect the seller who has no rights at all. but to punish the purchaser. And II is to be remembered. too, as em- phasized by Judge Ailing. that g penal statute is to be strictly con strued punishing no one where it is to imply something in order to do SO.
 Judge Alling says the decision in this case rests upon the construction of this section, zsI3 of tho general statutes. And then he asks: What then Is the construction to be placed upon this sections The answer ' To this question am not called upon To give for two judges Of inc Su- ' perior Court have already said g hat an persons are forbidden by law 10 enter any premises where intoxi- sating liquors are sold to be drunk or : he premises, and that any persons , yho enter such premises are liable un- , fer Section 2s13." He says further. in { .nect, that while he is not absolute 2 y" bound by such decision. nevertHe- [ ess. under present conditions, t Is [ stter that unless and until court 2 f higher jurisdiction than this court [ lscss a different construction upon 2 ss statute. ths decisions of the su- [ srior court be followed" V