William R. Day

“ The local legislature is presumed to know what will be of the most benefit to the whole body of citizens. Evidently, the council of the city of Chicago has acted with the belief that a full pound loaf, with the variations provided, would furnish the best standard. ”

“ The 5-cent loaf weighs about 14 ounces when baked, and the weight of the bread in the loaf varies and is adjusted in accordance with the fluctuations in the price of raw material, labor, and other elements of expense of production, and the different qualities of bread, and as a result of competition. There is a considerable demand in Chicago, especially in the restaurant trade, for bread in weights differing from those fixed by the ordinance. In some parts of the city bread weighing 7 pounds is commonly sold. ”

“ The city of Chicago instituted suit against the plaintiff in error in the circuit court of Cook county, Illinois, to recover penalties for certain violations of an ordinance of that city. The violations alleged in the declaration which are material here consisted in the making and selling of loaves of bread differing in weight from the weights prescribed by the ordinance. Upon the first trial in the circuit court judgment was rendered in favor of the plaintiff in error, then defendant. ”

“ Such limitations are constantly imposed upon the right to contract freely, because of restrictions upon that right deemed necessary in the interest of the general welfare. So long as such action has a reasonable relation to the exercise of the power belonging to the local legislative body, and is not so arbitrary or capricious as to be a deprivation of due process of law, freedom of contract is not interfered with in a constitutional sense. ”

“ The moisture in the bread after it leaves the oven causes very appreciable shrinkage in weight, the extent of which depends upon the quality and size of the loaf, the atmospheric condition, and the dryness and temperature of the place where kept. ”

“ Furthermore, laws and ordinances of the character of the one here under consideration, and tending to prevent frauds, and requiring honest weights and measures in the sale of articles of general consumption, have long been considered lawful exertions of the police power. McLean v. Arkansas, 211 U.S. 550, 53 L. ed. 320, 29 Sup. Ct. Rep. 206; Freund, Pol. Power, §§ 274, 275. Laws prescribing standard sizes of loaves of bread, and prohibiting, with minor exceptions, the sale of other sizes, have been sustained in the courts of Massachusetts and Michigan. Com. ”