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· 4/15/1913

City of Seattle v. Goldsmith

Citations

  • 73 Wash. 54
  • 131 P. 456
  • 1913 Wash. LEXIS 2144

Syllabus

<p>Weights and Measures — Power to Regulate. It is within tbe general police power of a city to legislate upon tbe subject of weights and measures to prevent frauds.</p> <p>Same — Power to Regulate — Delegation of Powers. Const., art. 11, § 10, permitting cities to frame their own charters, and Id., art. 11, § 11, providing that any city may make and enforce all such local police regulations as are not in conflict with the constitution and general laws, delegates to the city police power to legislate upon the subject of weights and measures to prevent frauds.</p> <p>Same — Power to Regulate — Implied Power. Tlie power to require tbe true weight or measure to be stated on the container is fairly implied in and incident to tbe power conferred by Rem. & Bal. Code, § 7507, subd. 16, to “provide for tbe weighing, measuring and inspection of all articles of food and drink.”</p> <p>Municipal Corporations — Ordinances — Subjects and Titles. Provisions in an ordinance regulating weights and measures requiring the true weight or measure to be stated on the container, are within the title “relating to weighing, measuring and inspecting all commodities sold ... to enforce the keeping of proper legal weights and measures . . .” etc.</p> <p>Same — Regulations—Reasonableness. An ordinance requiring the true weight or measure to be stated on the container is not unreasonable in that the true weight at the time of packing is more than the true weight after loss by evaporation; since it merely throws the loss upon the packer instead of the consumer.</p>

Judges: Morris

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