Birkheiser

This suit in equity involves the validity of a penal ordinance of the city of Los Angeles that declares unlawful and punishes by fine and imprisonment the delivery of any milk, cream, or buttermilk to any residence or domicile of any person except between the hours of 8 a. m. and 7 p. m. of any day. Deliveries of such dairy products to stores, public eating enterprises, or other places of business, when such products are to be processed, pasteurized, or resold, are in terms exempted from the application of the ordinance. The regulation in suit has been inaccurately characterized as the “daylight milk delivery” ordinance. It has no necessary relation to daylight deliveries. To the contrary, it fixes an arbitrary, unchangeable, perennial period of time for its operation upon such restricted persons and places as are expressly affected by its terms. Its effectiveness is not controlled by the physical factors of light and temperature that are paramount considerations in the regulated delivery of milk from the standpoints of public health or the detection and suppression of pilfering, the two basic features of police power that have been assigned as justifying the regulation that is…