Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-10-28
new BREAD LOAF LAW
Commissioners Will Ask Con-
gress to Pass One.
TO WEIGH POUND, NO LESS
In Meantime, Appeal Will Be Taken
From Judge Kimball.
DECISION IN POLICE COURT
UNCONSTITUTIONAL, Because Principle
of Liberty Of Contract Is Vio-
lated, Is Opinion.
DECISION IN POLICE COURT

At the next session of Congress the
Commissioners will ask for the enactment
of a law which will compel bakers to
furnish Ioaves of bread weighing not less
than one pound.
Commissioner West said today that as
Judge kimball of the Police Court has
decided the invalidity of the present law
requiring that a loaf of bread weigh a
pound--no more. no less-he will recon-
mend that the corporation counsel draft a
bill providing that the loaf shall weigh
no less than a pound and correcting the
constitutional mistake in the old law.
The selling price of the loaf does not
figure in the present law. According to
Commissioner West the selling price will
not be dictated in the new law.
He contends that the baker should be
permitted to charge what he considers a
fair price for his wares. He does insist
that the loaf should be sixteen ounces in
weight.
Appeal to Be Taken.
The Commissioners have directed the as
sistant corporation counsel to appeal to
the higher court as a result of Judge KIM
balls ruling.
The motion to quash the information
recently filed against George Hauf. a
baker at 9Th and NJ streets. charged with
violating the bread ordinance of January,
1858. was granted late yesterday after
noon by Judge Kimball in the Police Court,
upon the ground that it was unconstitu-
tional because 1t interfered with a man s
right to make a contract.
1t was specifically alleged in the charge
6lad AGAINST tho defendant that a of-
fered for sale and sold loaves of bread
weighing less than sixteen ounces.
Judge Kmball, in rendering his decision,
said in part:
Had this law in question provided that
the baker should sell his loaf at a mimi
mum weight o. sixteen ounces or thirty
two ounces l would have decided the law
was valid. But as enacted by the Wash
ington council it provided not only a
minimum size, but maximum size. thus
making the baker subject to Il penalty II
he sold loaf weighing seventeen or
thirty-five ounces.
This would limit the baker and pre-
vent him from contracting for the sale
of his own property. 1t is clear that the
common council of Washington had no
larger loaf than that provided for in the
law
This. in my judgment. is a clear vio-
lation of the constitutional right of every
man to the enjoyment and the DISPOSE
ton of his property. Therefore. ! must
grant the motion of the defendant and
quash the information"
History of Case.
Haufs arrest and the prosecution of
the case against him were on complaint
of the sealer of weights and measures,
who charged that Hauf offered for sale
loaves of less than a pound in weight
The rise in the price of flour and
bakers labor, bakers of the city contend,
makes it impossible for them to get a
legitimate profit on pound loaves at )
cents apiece. Many bakers assert they
are losing money.
The original charge against Hauf was
filed August 81 last. A motion to quash
the information upon five different
grounds was the answer of Alexander E.
Bell. counsel for the defendant.
Arguments upon the motion were begun
the early part of last week and contin-
ued until late yesterday afternoon when
the decision was rendered. The motion
was opposed by Assistant Corporation
Counsel Andrew B. Duvall on behalf of
the District authorities