27 Del. 259 | Del. Super. Ct. | 1913
delivering the opinion of the court:
We sustain the objection to the question.
The defendant then rested, and Mr. Saulsbury asked the court to instruct the jury to find a verdict of not guilty, because
Mr. Chaytor, Deputy Attorney General, replied, distinguishing most of the authorities cited from the present case, in that they were based upon city ordinances and not upon statutes.
(The court passed upon the motion in the charge to the jury.)
charging the jury.
Gentlemen of the jury:-—It is charged in this indictment that George P. Huber, the defendant, sold on the twenty-third day of August, 1913, to one William J. McKnight, a loaf of bread made wholly of wheat flour, that weighed less than one pound avoirdupois weight, in violation of the act of assembly, in that behalf (Volume 21, c. 92, Laws of Delaware).
It 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 it abridges the privileges and confiscates the property of the citizens engaged in the manufacture and sale of bread, without involving the health, morals or welfare of the people.
We have had very little time to consider this important question, but during that time have given it as careful consideration as was possible.
We have reached the conclusion that the act in question was a reasonable and legitimate exercise of the police power, which
The statute was manifestly passed for the protection of the general public, and we may say of the entire public, because bread is an article of universal use and necessity. Under its police power the state has as much right to protect its citizens against false weight, false measures, and other like methods of imposition and wrong-doing on the part of those dealing with the public in articles of food, as it has in matters affecting the health and morals of the people.
Such was unquestionably the purpose of the act under consideration, and if it was not arbitrary or unnecessarily confiscatory in its effect, it is not open to any constitutional objection.
The terms of the act may impose a hardship and risk on those who sell bread in the loaf, but the hardship and risk are unavoidable if the purpose of the law is to be recognized and made effective. It may be noted that the act does not undertake to "fix or regulate the price of a 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 a loaf, as that term is ordinarily understood, which weighs less than one pound avoirdupois weight, violates the law and is liable to its penalty. And it does not matter whether the loaf is fresh bread or stale bread, because the law makes no exception and contains no qualification. As long as the article is in the form of a loaf it is covered by the statute, no matter what its condition may be.
We also say that the act does not make it impossible for the baker to dispose of his stale bread. While he cannot, under our construction, sell it by the loaf, he may nevertheless sell it in bulk and by weight. In our opinion he may divide a single loaf, and sell it by weight for an agreed price, as stale bread. The
But we do hold, and are required to hold, that when bread is sold by the loaf, and in the form and shape of a loaf, the transaction comes clearly within the terms and contemplation of the statute, and is a violation of its provisions if the loaf weighs less than one pound avoirdupois weight.
In conclusion we say, if you are satisfied beyond a reasonable doubt, from the evidence in this case, that the defendant sold to William J. McKnight on the twenty-third day of August, 1913, a loaf of bread manufactured from wheat flour 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, because the bona fides or intention of the seller is entirely immaterial under the plain and positive terms of the statute.
Verdict, guilty.
In the other cases, by leave of the court, pleas of not guilty were withdrawn and pleas of non volt and nollo contendere were entered.