New Britain herald., 1925-07-22
Msyor Would Have Courts Determine Whether Closing Reg ulation Should Be Strictly Enforced.
Quotes Corporation Coun- sel Kirkham Who Says Statutes Permit Certain Stores to Remain Open.

A test case to determine to what extent the authorities can enforce statutes pertaining to suspension of store trade on Sunday, is advocated by Mayor A. M. Paonessa in a publie statement today.
 The mayor and the Chamber of Commerce have been In dispute for several days, the former claiming 1t is the function of the chamber to regulate trade disputes such as the present one, and the chamber de- cIaring that existing statutes will eifectually bring about Sunday clos ing, and calling upon the mayor to enforce the law.
 In conjunction with today's state ment, the mayor published an opin ion handed him by Corporation Counsel John H Kirkham which points out that certain kinds of stores may remain open and sell on Sunday. and in some cases the law might uphold selling of any kind of merchandise.
 Mayor Paonessa's statement fol- lows:
 ! Tt appears 10 me that little can be gained by prolonging the discus sion on the elimination of Sunday trade. This matter first came to my attention several weeks ago when q petition circulated among grocery store owners was handed to me with a request that l assist in bringing about the plan taken up therein. namely. he closing of grocery stores on Sunday with the exception of two hours In the morning. It was my be- lief tRat no action could be taken by inc city other than to zAst mer~ chants in pachirg 9 mutpal 'ader- standing aKi &erc rr'
 "AccordingiN r9nlnl gag, 7te1 with Secretary Gould Of the ihlr, Der of Commerce and asked that his office undertake the task of polling sentiment among grocery store own CTS on the proposition of Sunday closing, The Chamber called a meet Ing which, unfortunately, was not representative of the store interests since few attended, Resolutions call ing for closing all day Sunday were adopted and copy sent to my of flee.
 My neSt step was to advise Sec retary Gould that I knew of no law which would allow me to issue an order to close on Sunday. I suggest. ed that new effort be made ia ! bring about an agreement. This, Mir, Gould has since advised me, Is not possible.
 Statement By Kirkhsm , Interesting information on this matter has been furnished this offica by Corporation Counsel John H,
 kirkham, in the following state.
 ment:
 " Hon. A. NJ. Paonessa. < l Mayor, New Britain, Conn. . Dear Sir:
 Sunday observance laws srs = found in general statutes section 3 645o to section 645S inclusive. Is it contrary 10 law for gro.
 cery stores to keep open and dc 2 business on Sunday, either all da, . or part of the day? The particu. O lar law regarding this is sectior i 645o. stating: Every person vht e shall do or require an employe to dt r any secular business or labor, ex e cept works of necessity or mercy
 shall he fined"
 f Section 6451 permits the sale c ,- milk, tobacco products, fruits, lee n ice cream. confectionery non-alco IF holtc beverages. and drinks tobacc, l in any form, smokers supplies n newspapers and other periodicals i drugs or automobile supplies by re If tail dealers whose places of bushes n are open for the sale thereof O,
 secular days, except that the provi 10 sions Of this section shall not appl h 10 any hotel or restaurant, nor oper
 ate 10 prevent a regularly license
 druggist 10 sell on Sunday intoxicat
 ing liquor on the prescription of
 licensed physician.
 Section 6452 regulates the em
 pioyment of labor on Sunday, bu cl its provisions have little significa nc
 on the question we are consideriny ,n because it states that this sectio
 shall not be construed as authori,
 ing any work on Sunday not author
 ized by law. Otherwise the eNcer rk
 tContlnued on Para 1N