Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-07
LAW NOT OBSOLETE
OPINION OF ATTORNEY DUvALL
ON DISTRICT REGULATIONS.
Alleged Sale Of Short Weight Bread
Under Consideration-Duty
Of Police.


opinion submitted to the Commissioners to-
day. disagrees with Judge Kimball of the
Police Court and Assistant Corporation
Counsel James L. Pugh. jr. relative to the
regula tions governing the sale of short
weight bread in the District. Mr.. Duvall
holds that the ordinance controlling this
matter is not obsolete. but that it Is en-
forceable by the Police Court.
Several weeks ago Commissioner West
received number of complaints that a
great deal Of the bread manufactured and
sold In the District Is short weight. The
matter was referred to Commissioner Mac
farland, who In turn referred 1t to the seal
err of weights and measures for report
Mr.. w. C. Haskell, sealer of weights and
measures. reported that he sent an In
spector into the field for the purpose of
testing the weight of bread sold. In COM
pany with police officers the inspector
found quantity of bread which was not
in conformity with the regulations, and
against the alleged offenders the warrants
were refused. Mr.. Haskell said MFR. Pugh
Informed him that only the police depart
ment has authority under the law to take
up bread or enter any place of business
for the purpose OF testing the weight of
breadstuffs, and that he could not file an
Information on a complaint Of the seoler
Of weights and measures. Mr.. Haskell
stated that MIR. Pugh, before giving his
opinion, consulted with Judge kimball. who
informed him that as the police officers
were specifically specified In The act Of
January Z. 1858. they only had authority
to act in the matter.
In his opinion on the matter Mr.. Duvall
says the only provision Of existing law Is
contained in the ordinance of the late cor
poration of Washington of 1853, found in
Webb's Digest. The provisions Of the ordi-
nance make it the duty of police officers to
enter bakeries Sh0nS n Uh oh
bread is sold. and also to search the carts
and other vehicles employed in carrying
bread around, and examine and weigh the
bread found therein; and If the bread shall
police officer shall proceed against the per-
son or persons so offending in the manner
provided"
The Penalty Imposed.
THE penalty for selling bread contrary
to the ordinance is a forfeiture of the
bread offered for sale, and a fine of 81
for every loaf offered for sale and for
every loaf actually sold; the information
to be lodged with police magistrate with
been committed.
1T is said that the ordinance is obso-
lete and unenforceable, because when the
ordinance was enacted the system of po-
lice magistrates was in vogue and that
that system has been superseded by the
establishment of a police court. I am I'M
able to take this view Of the ordinance The
Police Court by its organic act has juris-
diction of all offenses against municipal
ordinances and regulations in force In tho
District Of Columbia I am Of the opin-
ion that the above mentioned ordinance
in enforceable by the Police Court. juris-
diction having been conferred upon that
court by its organic act"
Mr.. Duvall concludes with the statement:
'The police judge. within the meaning Of
that act. is the successor of the police
magistrate referred to in the ordinance. Tho
law recognizes no difference between po-
lice magistrate or justice and police Judge,
the terms being synonymous"
The question as to whether or not the
sale of short-weight bread shall be per-
mitted is regarded as one of great inn
portance, particularly to the less fortunate
class of people, who, it is considered, should
receive full weight in their purchases OF
breadstuffs, which form a large part of
their subsistence.
Commissioner West has recommended
that the opinion of the corporation counsel,
which he approves. be referred to the su-
perintendent of police for action in ac-
cordance Herewith