Fifteen Jewish Bakeries in Montreal Charged Alleged Infraction Lord’s Day Act

for Jews in the Federal act, intend the Jewish Sabbath and not the general term “Saturday”?

This very question was before the Recorder’s Court some three years ago for decision. It was in the case of the King versus Friedman before Recorder G. H. Semple. At that time, Recorder Semple, in his judgment, held that the Federal Act stipulated Saturday—from midnight on Friday to midnight on Saturday—and not the Jewish Sabbath —Jewish merchants, therefore, to enjoy the privilege of doing business on Sunday must remain closed all day Saturday.

“We will argue this point again,” Mr. Rohrlick said. “Also, we will hold that the baking of bread on Sunday is a ‘work of necessity’ therefore permissible under another clause of the Federal Lord’s Day Act. A test case will be instituted to decide upon the issue.”

Recorder’s Court Officials indicated that authorization for this present prosecution had been received from the Attorney-General at Quebec.

Recorder Aime Leblanc, in a judgment handed down here, acquitted one Jewish bakery — Dortman’s Bakery, Limited, St. Lawrence boulevard—of two alleged infractions of the Lord’s Day Act. The dossier in each case charged that the bakery had committed an infraction of the Federal act by performing its ordinary calling, that of baker, on Sunday, by delivering bread to customers on the Lord’s Day. The actions were taken in virtue of a time-worn judgment by Recorder Semple in which he held that bakers cannot deliver bread on Sunday.

In his judgment Recorder Leblanc upheld Mr. Rohrlick’s argument that in view of the fact that the proceedings were criminal, dismissal would be necessitated if the defense showed that the defendant company did not deliver bread, but that a third person purchased the bread from the company and then proceeded to deliver it to his regular customers. The prosecution showed that Dorfman’s truck was in use at the time of the alleged offence, but the defendant proved that while the truck belonged to the bakery company, its maintenance was being paid for by the peddler in charge who, after buying bread from the company, proceeded to peddle it at his own expense to his own customers.

In dismissing the actions, Recorder Leblanc ruled that proprietors of a bakery who lease trucks or waggons to peddlers for the delivery of bread, cannot be held responsible for the peddlers if they carry on deliveries on Sunday.