United States Supreme Court Cases & Opinions

U.S. Supreme Court

HAUGE v. CITY OF CHICAGO, 299 U.S. 387 (1937)

HAUGE
v.
CITY OF CHICAGO.
No. 175.

Argued Dec. 11, 1936.
Decided Jan. 4, 1937.

Appeal from the Supreme Court of the State of Illinois.

Page 299 U.S. 387, 388

Messrs. Owen Rall and Irwin T. Gilruth, both of Chicago, Ill., for appellant.

Mr. Martin H. Foss, of Chicago, Ill., for appellee.

Mr. Justice McREYNOLDS delivered the opinion of the Court.

Appellant, while residing at Morris, Ill., engaged in trucking coal for hire from a mine near that place 62 miles over public roads to Chicago where he delivered it to consumers. He both owned and drove the truck.

Smith-Hurd Ill.Stats. c. 24, 65.53, 65.54, 65.55, 65.90, Revised Statutes of Illinois (1935) c. 24, art. 5, 65(54), 65(55), 65(56), 65( 91), give cities power to regulate inspection, weighing, and measuring of coal, inspection and sealing of weights, measures, etc. Chapter 147 Smith- Hurd Ill.Stats. c. 147, 1 et seq.) provides for inspecting and sealing scales by state officers; but no law permits designation of state weighmasters.

Chicago by ordinance has authorized the appointment of weighmasters and prescribed their duties. Rev.Code (1931) 525, 526, 2939, 2947, 2950, 3612, 3623

Section 29471 requires that merchandise 'sold in load [299 U.S. 387, 389]

Full Text of Opinion