Evening journal., 1913-10-03
BAKERS BAKERS GET
OFF WITH FINE
OF SIS EACH
Court Hands Down Decision
UphOIdinC COnStltutiOnality
Of the Law
MAY SELL LOAVES IN
BULK OR BY WEIGHT

Chief Justice Pennewill, in the Court
OF General Sessions yesterday alter
noon. handed down decision OF the
court sustaining the constitutionality
OF the bread law. One baker who made
a test case then was found guilty and
FIVE others then pleaded guilty and
were fined S. and costs each The
courts opinion was as follows
Gentlemen OF the jury. II is charg-
ed in this Indictment that George b..
Huber the defendant, sold on the TWEEN
ty-third day of August. 1918, 20 one
William J. Mcknight, loaf OF bread
made wholly Of wheat -four, that weigh
ed less than one pound avoirdupois
weight, in violation Of the Act OF As
sembly. in that behalf Vol p, Chap.
%. Laws OF Delawarel.
"We have been asked TO direct you 20
return a verdict of not guilty, on the
ground that the act under which the in
dictment was found is unconstitutional
and void.
1T is urged by the defendant that
the act is an arbitrary and unreasonable
exercise of the police power OF the State
BY the legislature because IL abridges
the privileges and conhscates the prop
ertv of the citizens engaged in the man
ufacturc and sale OF bread, without
protecting the health, morals or welfare
OF the people.
1--WE have had very little time to con
slider this important question, but dur.
ing that time have given IL as careful
consideration as was possible.
"We have reached the conclusion that
the act in question was reasonable
and legitimate exercise OF the police
power. which in this day is given a very
wide scope for reasons that are obvious,
and that the act is, therefore, consti-
tutional
THE statute was manifestly passed
for the protection OF the general pub
lc and we may say, of the entire pub.
lic because bread is an article Of uni.
versal use and necessity. Under its po-
lice power the State has as much right
70 protect its citizens against false
weight. false measures, and other like
methods. imposition and wrongdoing on
the part of those dealing with the pub
lie in articles of food, az IL has in mat
ters affecting the health and morals
OF the people.
"Such was unquestionably the pur-
pose of the act under consideration,
and if it was not arbitrary or unnec-
esarily confscatory in its effect 1t IS
not cpen to any constitutio al ohlec-
tionf
efhe terms Of the act may impose a
hardship and risk on those who sell
bread IN the loaf. but the hardship and
risk of the law is to be recognized and
made effective. IL may be noted that
the act docs not undertake TO fix or reg
ulate the price of loaf of bread. The
seller is not restricted or interfered
with in that regard.
"We are compelled BY the plain and
positive provisions of the act TO hold
that any one who sells bread in the
form or shape of loaf, as that term is
ordinarily understood which weighs
less than one pound avoidupois weight,
violates the law and and is liable 10 its
penalty And It does not matter wheth-
er the loaf is fresh bread or stale
bread because the law makes no ex.
ception and contains no qualification
As long as the article is in the form
of a loaf IL Is covered by the statute.
no matter what its condition may be.
"Bnt we think the statute. which is
q very strict one, should be as literally
construed as possible And we say.
therefore that the word .sloaf," as used
IN the act does not mean. roll.
twist. a hun. OF any form OF shape Of
bread. other than that which the term
e ordinarily and popularity understood
10 mean.
"NNe also say that the act does not
make Il impossible for the baker 10 dis
pose OF his stale bread While he can
not. under our construction. sell IL in
The form Of a loaf. he may nevertheless
sell II in bulk and by weight. In our
opinion he may divide a single loaf
ard sell Il by weight for an agreed
price as stale bread The statute does
not prohibit the sale Of a part OF a
loat or Of two OF more loaves in bulk
and BY weight for such price az ths
purchaser may be willing to paw, pro
yided it Is So understood az that time
But We Do hold, and are required "a
hold. 'nat when bread is sold by the loaf
1nd ~ the form and shape Of a loaf, the
transaction comes clearly within the
terms and contemplation Of the statute
snd IS q violation Of its provisions If the
loaf weighs less than one pound avoirdu.
pois weight
at ''NltI-i'N We saw IT Won are eHfl-.
red beyond a reasonable doubt. from
the evidence in this case. that the de.
fendant sold to William J Mcknight on
the twenty third dav Of August. 1913.
loaf Of bread manufactured from wheat
Hour IN whole or in part. that weighed
less than one pound avoirdupois weight
your verdict should be guilty. no matter
what his intentions may have been. be.
cause the bona fdes on intention of the
seller is entirely inmaterial under the
PLAN and positive terms Of the statute
he jury gave a verdict Of guilty and
huber was fined s. ard costs. John w.
Nooley. F. Emil Wagner. Jerry Movni-
han. Charles H. Huber and Louis Reches
wit1drew their I'leas Of not guilty and
pleaded guilty 70 the charge and were
fined S and costs each.
NEW HEAD FOR BANK.
Special TO THE EVENING JOtrRNAr
GEoRGETOWN. Del. Oct 2-At !