State v. Sukoff

• Court: New Hampshire Supreme Court
• Writing for the Court: KENISON
• Citation: State v. Sukoff, 192 A.2d 622, 105 N.H. 70 (N.H. 1963)
• Decision Date: 09 July 1963
• Parties: STATE v. Henry SUKOFF.

Page 622

192 A.2d 622

105 N.H. 70

STATE v. Henry SUKOFF.

Supreme Court of New Hampshire.

Argued June 25, 1963.

Decided July 9, 1963.

William Maynard, Atty. Gen., Irma A. Matthews, Law Asst. and Robert A. Carignan, County Atty., for the State.

Alfred Catalfo, Jr., Dover, for defendant.

KENISON, Chief Justice.

The issue in this case is whether an ordinance adopted by the selectmen of the town of Rollinsford is a valid defense to a prosecution for selling merchandise on Sunday. The defendant contends that it is a valid defense while the State maintains that the ordinance has no present force or effect and cannot bcome effective until it is approved by a majority vote of the legal voters present and voting at the next regular election of the town.

RSA 578:4 prohibiting the sale of merchandise on Sunday with certain exceptions is given some flexibility by RSA 578:5. This latter statute provides that selectmen may adopt ordinances permitting and regulating retail business '* * * on the Lord's Day, provided such * * * ordinances are approved by a majority vote of the legal voters present and voting at the next regular election. * * *' The defendant urges that RSA 578:5 should be construed to hold that the ordinance adopted by the selectmen 'becomes valid and remains valid until such time as the town voters meet at their regular meeting.' The answer to that contention was made at the beginning of the legislative session in January 1961 in Mason v. Town of Salem, 103 N.H. 166, 168, 167 A.2d 433, 435: 'When the Legislature has desired that regulations by selectmen shall be immediately effective until approved or rescinded by the voters, they have usually made explicit provision therefor. See RSA 31:41, 42 regulating open-air motion picture theaters.' It is significant that no changes in the Sunday laws to give selectmen interim powers to make regulations and ordinances effective immediately have been made in either the 1961...