State v. Lee N. Houston.

• Decision Date: 29 May 1941
• Docket Number: 32,810.
• Citation: 298 N.W. 358,210 Minn. 379
• Parties: State v. Lee N. Houston.
• Court: Minnesota Supreme Court

298 N.W. 358

210 Minn. 379

State v. Lee N. Houston.

No. 32,810.

Supreme Court of Minnesota

May 29, 1941

Appeal by defendant from a judgment of the municipal court of Minneapolis, Hennepin county, Joseph A. Poirier, Judge convicting him of violation of a city ordinance relating to the purchase and sale of eggs. Affirmed.

George A. French, for appellant.

R. S Wiggin, City Attorney, and Leo P. McHale, Assistant City Attorney, for the State.

The opinion of the court was delivered by: Gallagher

Municipal corporation -- validity of ordinance regulating grading purchase, and sale of eggs.

1. Minneapolis city charter gives to city council power to enact an ordinance "relating to the purchase and sale of eggs."

Municipal corporation -- validity of ordinance regulating grading, purchase, and sale of eggs.

2. L. 1937, c. 471, does not take from the city council the power to enact an ordinance establishing grades for retail trade of eggs in Minneapolis.

Municipal corporation -- validity of ordinance regulating grading, purchase, and sale of eggs.

3. Ordinance establishing grades for retail sale of eggs held not to be so unreasonable as to violate constitutional rights.

GALLAGHER CHIEF JUSTICE.

This appeal is from a municipal court judgment convicting defendant of violating an ordinance of the city of Minneapolis "relating to the purchase and sale of eggs."

Section 14 of the ordinance purports to establish grades for the retail trade of eggs in Minneapolis. The grades so established are Grade "A," Grade "A" Medium or Small, and Grade "B." All eggs that are not graded must be marked "unclassified." Nothing in the ordinance makes grading compulsory. The quality factors for each grade are specified in the ordinance. For example, the quality factors for Grade "A" eggs are:

"Min. aver, 24 oz. per doz. per case. Min. rate 23 oz. for individual egg. Case 46 lbs. net. Shell: Clean, sound, normal. Air Cell: 2-8 in. or less, localized-regular. Yolk: Well centered; may be visible with outline moderately defined; may be slightly mobile. White: Firm, clear. Germ: No visible development."

Lesser standards are required for the other grades.

Defendant was charged with selling a quantity of eggs as Grade "A," some of which were in fact Grade "B" and undergrade eggs. Section 6 requires any person exposing or offering eggs for sale to a consumer to give notice of the exact grade in the manner specified in the ordinance. Sections 11 and 12 make it unlawful to sell eggs which do not conform to the grade represented by the dealer.

It is urged on this appeal that the ordinance here involved is void for three reasons: (1) The city lacked the power to pass it; (2) if the city ever possessed such power it was taken away by the enactment of L. 1937, c. 471 (3 Mason Minn. St. 1940 Supp. §§ 3935-11 to 3935-19); and (3) the ordinance is unnecessary to the regulation of the subject matter and is so unreasonable as to be an arbitrary exercise of power.

1. Defendant's contention that the city lacked the power to pass the ordinance is without merit. The necessary authority is found in several provisions of the city charter. Chapter IV, § 5, known as the general welfare clause, provides:

"The City Council shall have full power and authority to make, ordain, publish, enforce, alter, amend or repeal all such ordinances for the government and good order of the city * * * as it shall deem expedient * * * Provided, that they be not repugnant to the laws of the United States or of this State, and for these purposes the said City Council shall have authority by such ordinances:

"Nineteenth. -- To license and regulate butchers' stalls, shops, and stands, for the sale of game, poultry, butchers' meat, butter, fish and other provisions, and also to license and regulate all peddlers doing business within said city.

"Twenty-fifth. -- To regulate the inspection of wood, hay, grain, flour, pork, beef, mutton, veal, and all other kinds of meat, poultry and game, fish, salt, whiskey and other liquors and provisions and milk; * * *

"Twenty-ninth. -- To do any and all acts and make all regulations which may be necessary and expedient for the preservation of health and the suppression of disease, and to make regulations to prevent the introduction of contagious, infectious or other diseases into the city, and to make quarantine laws and enforce the same within the city."

The general welfare clause of the city charter, which amounts to a grant of all usual and necessary powers, does not limit a city to the doing of the things enumerated therein but authorizes the licensing and regulating of businesses not specifically referred to in the charter. State v. Sugarman, 126 Minn. 477, 148 N.W. 466, 52 L.R.A.(N.S.) 999; Meyers v. City of Minneapolis, 154 Minn. 238, 189 N.W. 709, 191 N.W. 609; City of St. Paul v. Fielding & Shepley, Inc. 155 Minn. 471, 194 N.W. 18; State v. Morrow, 175 Minn. 386, 221 N.W. 423; Crescent Oil Co. v. City of Minneapolis, 175 Minn. 276, 221 N.W. 6; State ex rel. Remick v. Clousing, 205 Minn. 296, 285 N.W. 711, 123 A.L.R. 465. The power to establish and regulate markets is an appropriate subject for municipal regulation. 28 Cyc. 930(3). Regardless of whether the ordinance here involved is authorized by the general welfare clause of the charter, it is clear that it is authorized by the subsections of chapter IV, § 5, heretofore quoted. While the word "eggs" is not specifically mentioned in any of the subsections, the word "provisions" is used, and eggs are provisions as that term is commonly understood. Weiss v. Swift & Co. 36 Pa. Sup. 376, 381. Webster's New International Dictionary (2 ed.) 1935, defines "provisions": "A store or stock of needed materials prepared beforehand; esp., a stock of food; hence, any kind of eatables collected or stored; food." A statute regulating the sale of eggs was held not to violate constitutional rights in People v. Wilson & Co. Inc. 138 Misc. 440, 246 N.Y.S. 111.

2. The next claim made by defendant is that if the city possessed the power to legislate on the subject matter here involved prior to the enactment of L. 1937, c. 471, such power was taken away by the passage of that act. L. 1937, c. 471, is entitled: "An act relating to the grading, candling purchase and sale of eggs and egg products, and providing for the regulation of the business of breaking eggs for resale; providing for the procurement of a...