The Waterbury Democrat., 1933-09-09
JUDGE MASCOL0 UPH0LDS
 LOCAL MILK DEALERS
In Police Court This Morning He Decided Against the
 State Milk Control Board

{ Control, and also provides the diff. ferent state agencies from which said board shall require legal and expert services.
 Section g provides compensation and othor expense of the board. Section 4 provides just what the i board shall seek to achieve. Section s provides the powers Of tho board to investigate and regu. late the milk industry in the state and also, under certain circum. stances, 1t shall invoke the aid oi the courts.
 Section 6 provides that tho board shall have the power to hs and establish, from time to time,' c minimum price for the 'differen, markets of the state for each class of milk; (a) to be paid to tho pro. ducers; (bJ to be paid, at whole. sale or retail, by consumers, such minimum, wholesale and retail prices to cover sales by dealeri and licensees, other than stores, te consumers; (c) to be paid to deal. CTS and licensees by stores and other wholesale purchasers, ex. cept sales to other dealers or lie. ensees who arc shippers or distri. butors; (d) to be paid to stores by consumers.
 Section 2 provides that no per. son shall distribute or sell milk within the state unless he shall bt licensed as provided herein, noI shall any dealer so licensed sell oi offer for sale any milk or cream te any dealor in tho state who Is un. licensed, if, under the provisions oi this act, he should be licensed. Sait section also provides the method O. obtaining a license and the power which the board shall have. either to refuse license or to revoke { license,
 Section & provides the informa. ton which the milk dealer shall incorporate In his application and also the method of charging Il. cense fees.
 Section Q provides that any per. son, aggrieved by any action oi the board, may appeal to tho su. perior court and the machinery for such appeal.
 Section 10 provided tho time within which the board shall nc, upon an application for Q license
 Section Il provides that no pro. vision of this act shall revoke oi abridge certain existing obligations under contracts between certair dealers.
 Section 12 provided that tn, comptroller shall furnish m office for the milk control board. l Section 13 provides that tn, board "may make, and from timt to time revise such rules and reg uiations as may be necessary fol the administration of this act, and also the method of filing ant the method of application.
 Section 14 provides that if an, provision of this act shall be ad judged unconstitutional or invalit said judgment shall not invalidat, the other sections.
 | Section 15 provides as follows Any person or the officer of an. corporation which shall violate any provision of this act, shall b, fined or imprisoned, or both" | Section IS provides the dat, when this act shaii take effect.
 have reviewed all of the sec tions of this statute, in order t, determine the section or section which are capable of being violat ed criminally by any of the per sons over whom the state mill board has control, and in my opin ion, there are but two sections namely, section 2, which provides that no person shall distribute o sell milk within the state unless h, shall be licensed, and no dealel so licensed shall sell or offer fol sale any milk or cream to an! other dealer in the state who il unlicensed, If, under the provision, of the act, he should be licensed and section 8, which provide. that a milk dealer, in his applica tion, shall state the amount O. milk which he usually distributes or sells, or proposes to distributt or sell as daily average.
 None of the other sections pro | ViueS iOf any dutieS tO pc per formed by the milk dealers for tht failure of which he may be pros ecuted criminaliy, with the possi. ble exception of section 5. which provides, among other things. thai if a person falls to appear as 6 witness before the board. or faili to testify. or fails to produce hi record books and accounts, he may be adjudged in contempt by the superior court of Hartford county or any judge thereof.
 am compelled, tn the perform ance of my duty. to construe thiI statute strictly, insofar as thu case at bar is concerned. and un' der that construction, can arriv, at but one reasonable conclusion and that is that the legislature in tended that vioiators of the rule and regulations should be deal with by the milk control board b! revoking the licenses Of thos' who disresarded said rules ans reguiafiens, and not by erimina ceurts, in the enforcement Of sec ton iG of the act.
 | further believe that the legis iatuFe intended that after q nna Revocation Of. the license shall hay' taken place. and the psrsol whose 1I&euse has been revoked