Disturbing the Peace in Libraries: An Statutory Interpretation Puzzle

Most of my research in recent weeks has veered away from constitutional interpretation. This has been a welcome change of pace as theoretical questions of interpretation and the judicial shenanigans this work tends to uncover can grate on the soul after a while. But even when I'm researching intricacies of state criminal laws pertaining to libraries, these theoretical questions have a way of creeping up on me.

Take Massachusetts' law against disturbing the peace in libraries:

Whoever wilfully disturbs persons assembled in a public library, or a reading room connected therewith, by making a noise or in any other manner during the time when such library or reading room is open to the public shall be punished as provided in the preceding section. (emphasis added)

This law is Massachusetts General Laws, Chapter 272, Section 41. As of today, the preceding code section appears to be Section 40A, which provides:

Whoever gives, sells, delivers or has in his possession any alcoholic beverage, except for medicinal purposes, in any public school building, or on any premises used for public school purposes and under the charge of a school committee or other public board or officer, shall be punished by imprisonment for not more than thirty days or by a fine of not more than one hundred dollars, or both; provided, however, that a school committee of a city, town or district may authorize a public or nonprofit organization using a public school building with its permission during non school hours to possess and sell alcoholic beverages therein provided such nonprofit organization is properly licensed under the provisions of section fourteen of chapter one hundred and thirty-eight.

While Section 40A contains a punishment provision (imprisonment for 30 days and/or a $100 fine), it seems like a bit of an odd reference for Section 41's prohibition of disturbing the peace. Sure, selling or distributing alcohol in schools may constitute (or lead to) a disturbance of the peace, but the conduct at issue seems quite a bit different than the general disturbance covered in Section 41. Indeed, a better match appears to be the section preceding 40A--Section 40:

Whoever willfully interrupts or disturbs an assembly of people meeting for a lawful purpose shall be punished by imprisonment for not more than 1 month or by a fine of not more than $50; provided, however, that an elementary or secondary student shall not be adjudged a delinquent child for an alleged violation of this section for such conduct within school buildings or on school grounds or in the course of school-related events.

This section also includes a punishment provision--although it's slightly different from Section 40A, providing for punishment of up to a $50 fine (rather than $100) and imprisonment for one month.

The first instance of Chapter 272 of the General Laws that I could find is in the version of the General Laws that went into effect in 1921. That version of the General Laws includes both Section 40 and 41, but not Section 41A. It appears that Section 40 was enacted in 1849, and that Section 41 was enacted in 1885. Section 40A is nowhere to be found, as it wasn't enacted until 1962.

With all of this in mind, what is the meaning of "the preceding section" in Section 41? Do we read it from a present perspective and interpret it to mean what is now the preceding section--Section 40A? Or do we read it in the manner it would have been read in 1885 when Section 41 was enacted, at which point "the preceding section" seems to refer to to Section 40? 

Even if we decide that we must look to the original, 1885 meaning of the statute, the questions don't end there. How generally are we to interpret the original meaning of Section 41? A specific reading might be that "the preceding section" referred to a specific law--whatever was the preceding section at the time Section 41 was enacted. Under this approach, even if that law is later moved to a different chapter or repealed altogether, it would still inform the meaning of Section 41's penalty provision. An alternate, less specific reading would interpret "the preceding section" to refer to whatever section preceded Section 41 at the time of enactment. As it happened, that was Section 40 as it was written in 1855. The result the same as the previous, more specific reading, but the meaning employed is more abstract. 

Things change, however, if we get even more general with our reading of "the preceding section," and read it as expressing an original intent to reference whatever statute appears, at any time, immediately prior to section 41. This abstract reading would lead us back to the same result as a present-tense reading of the phrase, as a generalized statement abut whatever appears in the preceding section may change in meaning over time as that reference point shifts with the enactment of Section 40A. Or, to look at it a different way, this reading treats the enactment of Section 40A as also changing the meaning of Section 41. And now that we've laid out all these alternate formulation of the original meaning of Section 41, how are we to decide between these varying levels of generality?

To date, it does not appear that Massachusetts' courts have wrestled with these interpretive questions. It therefore remains unclear whether disturbing the peace in a library results in a fine of $50 or $100. Ever the optimist, I continue to hold out hope that the Supreme Court will take up a case that resolves this issue.