New Britain herald., 1925-07-22
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ton made in this section 64S2 in re- gard 10 the sale or delivery Of milk, food, or newspapers, etc. might be considered Of significance in that 1t adds flood 10 the list of articles permitted 10 be sold on Sunday men, toned in section 645l, provided the employe selling the same is relieved from work for one full regular working day during the six days next ensuing
 Section 6451 permits the sale of milk, tobacco products, fruit ice, ice cream and confectionery, etc, but does not mention food, While sec ton 6452 seems 10 class food along with the same articles mentioned in section 6451.
 Whether a grocery store doing business on Sunday by selling food violates the Sunday law depends on the question of whether such action is a work of necessity or mercy,
 "T find no decisions Of our Su- preme Court which construe the meaning Of the words necessity or mercy except one case, so Conn. page 253, which states that the statute excepting works of necessity is construed as not confning the eX- ception to acts Of absolute physical necessity citing Flagg vs. Millbury. 4 Cush. (Nass.) o43. l find that this Massachusetts case has the following head note;
 "'"Any labor, business or work which is morally fiji and proper to be done on that day under the cir cumstances of that particular case is a work of necessity within the statute"
 "'We find in CTC vol B. page 552, the following;
 "'"The question Of what consti- tutes a work of necessity within the meaning of the Sunday statute has often been mooted and much dis cussed in the authorities The det- milton adopted hy the courts IS most satisfactory is the one involved in an early Massa chusetts case. tFlagg vs. Millbury abovel to the effect that the necessity meant is not a physical and absolute necessity, but the moral fitness or propriety of the necticut statute depends on the cir cumstances in each particular case" Conclusion. What labor Is per missible on Sunday under the Con- necticut statute depends on the cir cumstances in each case, depending on the question Of whether the labor done is a matter of necessity or mer- v, The judge or jury in any par ucuar cage is 10 be guided by the ! moral fitness or propriety of the work and labor done What might be the right thing to do in a small country town, might not be the right ! thing to do in a city of considera ble | size. The necessities of the inhabi- ! tants on account Of circumstances might vary considerable. People should he able 10 have three good meals on Sunday. Most people can make provisions on Saturday for their Sunday needs In hot weather if they do not have refrigerators and ice this might be exceedingly diff cult.
 '' The purpose of the law IS t0 preserve Sunday for the rest or i'm provement of the body and the up | lift of the soul, but the law is not 10 be construed unreasonably and each case that comes up is a separate case 10 he determined according to the existing special circumstances
 It might be said that when the legislature in section 6451 pcrmite the sale Of milk, fruit, ice cream, candy. soft drinks tobacco, news napers, drugs or automobile supplies hy retail dealers whose places of business are open for sale thereof on secular days, that thereby the legislative intent Is shown 10 per init the sale of groceries and meat as being more necessary than to- haCco and aut Omohile supplies The answer 10 this given in the law
 books is that the legislature in per. mlttng the sale of certain articles IS not thereby authorizing tht
 keeping open of places of business
 for the e1le of other articles ever
 though the other articles are more ! necessary for the people to have
 In other words the drive of tht
 s.atute is agains' keeping oper
 stores, rather than against or ir