DEPARTMENT OF COMMERCE

BUREAU OF STANDARDS

S. W. STRATTON Director

Weights and Measures

TENTH ANNUAL CONFERENCE

OF REPRESENTATIVES FROM VARIOUS STATES

HELD AT THE BUREAU OF STANDARDS

WASHINGTON. D. C, MAY 25, 26, 27, AND 28, 1915

WASHINGTON

GOVERNMENT PRINTING OFFICE

1916

DEPARTMENT OF COMMERCE

BUREAU OF STANDARDS

S. W. STRATTON ^ Director

Weights and Measures

TENTH ANNUAL CONFERENCE

OF REPRESENTATIVES FROM VARIOUS STATES

HELD AT THE BUREAU OF STANDARDS

WASHINGTON. D. C. MAY 25, 26, 27, AND 28, 1915

WASHINGTON

GOVERNMENT PRINTING OFFICE

1916
ADDITIONAL COPIES

OF THIS PUBUCATION MAY BE PROCTOED FEOM

THE SXJPEKINTEKDENT OF DOCDMEOTS GOVERNMENT PRINTmG OFFICE WASHINGTON, D. C. AT

SO CENTS PER COPY

V
OFFICERS AND COMMITTEES.

OFFICERS.

President, Dr. S. W. Stkatton, Director of the Bureau of Standards, Washington, D. C. Vice President, William L. Waldeon, State Superintendent of Weights and

Measures, Trenton, N. J. Secretary, L. A. Fischer, Chief, Division of Weights and Measures, Bureau of

Standards, Washington, D. C. Treasurer, John T. Willett, Chief State Inspector of Weights and Measures,

South Bend, Ind.

COMMITTEES.

executive committee.

Dr. S. W. Steatton.

L. A. Fischer.

John F. Faeeell, State Superintendent of Weights and Measures, Albany, N. Y. Thtjee Hanson, State Commissioner of Weights and Measures, Boston, Mass.

J. W. Richardson, State Superintendent of Weights and Measures, Richmond, Va.

Chas. G. Johnson, State Superintendent of Weights and Measures, Sacramento, Cal.

Btjeb B. Lincoln, Deputy State Dairy and Food Commissioner, In charge of

Weights and Measures, I^ansing, Micli.

Thos. F. Egan, State Superintendent of Weights and Measures, Hartford, Conn.

Feed C. Albrecht, Chief State Inspector of Weights and Measures, Columbus, Ohio.

Joseph Haetigan, Commissioner of Weights and Measures, New York, N. Y. W. F. Clxjett, Chief Deputy Inspector of Weights and Measures, Chicago, 111. E. W. Van Duyn, State Superintendent of Weights and Measures, Des Moines,

Iowa.

.Tames Sweeney, Chief of the State Bureau of Standards, Harrisburg, Pa.

I. M. Howell, State Superintendent of Weights and Measures, Olympia, Wash.

COMMITTEE ON TOLERANCES AND SPECIFICATIONS.

L. A. Fischer, Chief, Division of Weights and Measures, Bureau of Standards,

Washington, D. C. John C. Connors, es-Sealer of Weights and Measures, Cambridge, Mass.,

Troy, N. Y. Fred P. Downing, Chief State Inspector of Weights and Measures, Madison,

Wis.

committee on constitution AND BY-LAWS.

John H. Sherman, Superintendent of Weights, Measures, and Markets, District

of Columbia.

W. F. Hand, State Chemist, Agricultural and Mechanical College, Agricultural

College, Miss.

W. F. Cluett, Chief Deputy Inspector of Weights and Measures, Chicago, 111. Joseph Haetigan, Commissioner of Weights and Measures, New York, N. Y. Chaeles G. Johnson, State Superintendent of Weights and Measures, Sacramento, Cal.

3
4 BUREAU OF STANDARDS.

COMMITTEE OF EEFEEENCE.

E. F. Stimpson, Deputy State Sealer of Weights aud Measures, Lawrence, Kans.

William F. Cluett, Chief Deputy Inspector of Weights and Measures, Chicago, 111. committee on the metric system.

Joseph Haetigan, Comniissioner of Weights and Measures, New York, N. T. Thuee Hanson, State Commissioner of Weights and Measures Boston, Mass.

F. G. Buchtel, Deputy State Sealer of Weights and Measures, Salem, Oreg.

F. P. Downing, Chief State Inspector of Weights and Measures, Madison, Wis.
LIST OF PERSONS WHO ATTENDED THE CONFERENCE.

STATE DELEGATES.

California Charles G. Johnson, State Superintendent of Weights and

Measures, Sacramento.

Connecticut Thomas F. Bgan, State Superintendent of Weights and

Measures, Hartford.

Chaeles a. Fine, Deputy State Superintendent of Weights

and Measures, Hartford.

Walter F. Stiles, State Inspector of Weights and Measures,

Hartford.

Dist. of Columbia John H. Sherman, Superintendent of Weights, Measures,

and Markets, Washington.

Indiana John T. Willett, Chief State Inspector of Weights and

Measures, South Bend.

John F. Sullivan, County Inspector of Weights and Measures, Crawfordsville.

Iowa E. W. Van Duyn, Chief State Inspector of Weights and

Measures, Des Moines.

Massachusetts Thure Hanson, State Commissioner of Weights and Measure?, Boston. Michigan B. B. Lincoln, Deputy State Superintendent of Weights and

Measures, Lansing.

Mississippi W. F. Hand, State Chemist, Agricultural College.

New Jersey W. L. Waldron, State Superintendent of Weights and Measures, Trenton.

New York .John F. Faeeell, State Superintendent of Weights and

Measures, Albany.

James J. O'Haka, Deputy State Superintendent of Weights

and Measures, Corning.

F. Reichmann, Special Representative, New York City.

North Carolina Thomas F. Beockwell, State Standard Keeper, Raleigh.

New Hampshire James F. Brennan, Special Representative, Peterborough.

Ohio F. C. Ameecht, Chief State Inspector of Weights and Measures, Columbus.

Pennsylvania James Sweeney, Chief, State Bureau of Standards, Harrisburg.

Philippine Islands- James J. Rafferty, Collector of Internal Revenue, Manila.

Rhode Island William F. Goodwin, State Sealer of Weights and Measures,

Saylesville.

Virginia John W. Richardson, State Superintendent of Weights and

Measures, Richmond.

Washington I. M. Howell, State Superintendent of Weights and Measures, Olympia.

AVest Virginia J. H. Nightingale, State Commissioner of Weights and

Measures, Charleston.

O. W. Waggoner, Assistant State Commissioner of Weights

and Measures, Morgantown.

Oliver A. Ashburn, Special Representative, West Union.

B. H. HiTE, Special Representative, Morgantown.

L. E. Hook, County Sealer of Weights and Measures,

Charleston.

Wisconsin F. P. Downing, Chief State Inspector of Weights and Measures, Madison.

5
6 LIST OF PERSONS WHO ATTENDED.

CITY AND COUNTY DELEGATES.

Connecticut JVew Haven : Ed. J. Maeoney, Sealer of Weights and Measures. Stamford : John F. Beitton, Sealer of Weights and Measures. Dist. of Columbia—Geoege A. Howe, Assistant Superintendent of Weights,

Measures, and Markets.

Leo S. Schoenthajl, Assistant Superintendent of Weights,

Measures, and Markets.

Illinois Chicago : W. F. Cluett, Chief Deputy Inspector of Weights

and Measures.

Indiana Indianapolis: H. F. Adam, Inspector of Weights and Measures. Lake County : J. A. Umpleby, Inspector of Weights and

Measures, Crown Point.

Massachusetts Beverly : Robeet J. Raffeety, Sealer of Weights and Meastires. Gardner: C. W. Sheppee, Sealer of Weights and Measures.

Holyoke : J. D. Goddtj, Sealer of Weights and Measures.

Lowell: Waeben P. Rioedan, Sealer of Weights and Measures.

Pittsfield: John F. O'Kane, Sealer of Weights and Measures. Salem : G. L. Day, Sealer of Weights and Measures.

Somerville: J. H. Dusseault, Sealer of Weights and Measures. Michigan ^Battle Creek: F. G. Baenaed, Sealer of Weights and Measures. Detroit : Geoege F. Austin, Sealer of Weights and Measures. Missouri St. Louis: James W. Geiffin, Commissioner of Weights

and Measures.

Maryland Washington County : S. D. Feownfeltee, Sealer of Weights

and Measures.

New Jersey Bayonne : H. Mainhaed, Superintendent of Weights and

Measures.

Bergen County : Jesse DeGeoff, Superintendent of Weights

and Measures, Hackensack.

Camden County : Geoege E. Stabn, Superintendent of

Weights and Measures, Camden.

Elizabeth : W. J. Bendee, Superintendent of Weights and

Measures.

Englewood : J. E. Fitzgerald, Superintendent of Weights

and Measures.

Hudson County : Thomas J. Waldeon, Superintendent of Weights and Measures, Jersey City.

Jersey City: J. S. Bxjeke, Superintendent of Weights and

Measures.

Kearney : J. D. Castles, Superintendent of Weights and

Measures.

Morris County : H. S. Woeman, Superintendent of Weights

and Measures, Boonton.

Union County : Isaac Seeley, Superintendent of Weights

and Measures, Elizabeth.

New York Buffalo : Chaeles J. Quinn, Sealer of Weights and Measures. Canandaigua and Ontario Counties : H. J. Mooee, Sealer

of Weights and Measures, Canandaigua.

Greene County : A. E. Ballou, Sealer of Weights and Measures, Catskill.

New York : Joseph Haetigan, Commissioner of Weights and

Measures.

Feed H. Tighe, Deputy Commissioner of Weights

and Measures.

Mrs. Katheeine Haenlein, Confidential Representative.
LIST OF PERSONS WHO ATTENDED. 7

New York Oswego County : Feank H. Feench, Sealer of Weights and

Measures, Fulton.

Washington County : S. T. Downs, Sealer of Weights and

Measures, Hampton.

Ohio Columbiana County : W. H. Baee, Sealer of Weights and

Measures, Columbiana.

Cleveland: W. Q. Radcliffe, Commissioner of Weights and

Measures.

Franklin County: W. W. Lanning, Sealer of Weights and

Measures, Grove City.

Madison County : L. J. Leonaed, Sealer of Weights and

Measures, London.

Pennsylvania -AUentown : B. Feank Rinn, Inspector of Weights and

Weights and Measures, Pittsburgh.

Allegheny County: J. B. Heeshey, Chief Inspector of

Measures.

Cambria County : Thomas Powell, Sealer of Weights and

Measures, Patton. Chester : Robeet Watson, Sealer of Weights and Measures.

Delaware County: O. N. Smith, Inspector of Weights and

Measures, Darby.

Fayette County : J. D. Bennett, Inspector of Weights and

Measures, Uniontown.

Frankiln County : F. A. Foeeman, Inspector of Weights and

Measures, Chambersburg.

Harrisburg : H. D. Reel, Inspector of Weights and Measures.

Johnstown : H. E. Mitchell, Sealer of Weights and Measures. Lancaster, City and County : John A. Leinbach, Sealer of

Weights and Measures.

Lehigh County: Harey E. Bieey, Sealer of Weights and

Measures, AUentown.

Luzerne County : J. F. McGeoaety, Inspector of Weights

and Measures, Wilkes-Barre.

Maetin Mueeay, Inspector of Weights and

Measures, Wilkes-Barre.

Northampton : John A. Peeson, Sealer of Weights and

Measures, Williamsport.

Northumberland County : W. F. McGoveen, Inspector of

Weights and Measures, Mount Carmel.

Philadelphia : Benjamin M. Shaep, Chief Clerk, Bureau of

Weights and Measures.

John Umstead, Chief Inspector of Weights

and Measures.

Wilkes-Barre: F. N. Roll, Sealer of Weights and Measures.

York: Chaeles F. Boegel, Inspector of Weights and Measures. Tennessee Nashville: James R. Smith, Sealer of Weights and Measures. Virginia Alexandria County: Geoege F. Dennis, Sealer of Weights

and Measures, South Washington.

Petersburg : A. S. Johnson, Sealer of Weights and Measures.

Prince William County : Chaeles Faeqtjhab, Sealer of

Weights and Measures, Manassas.

Richmond: T. W. Joseph, Inspector of Weights and Measures. West Virginia .Parkersburg : B. F. Nebn, Inspector of Weights and Measures. Wheeling: W. H. Smith, Commissioner of Weights and

Measures.

Wisconsin Beloit: W. M. Van Lone, Sealer of Weights and Measures.

Milwaukee: W. F. Steinel, Deputy Sealer of Weights and

Measures.
8 LIST OF PEESONS WHO ATTENDED.

VISITORS.

Chas. F. ANDEESON-Post Office Department, Washington, D. C.

J. B. Anderson Scale Inspector, Kansas City Southern Railway, Mena, Ark.

H. S. Bailey Food Investigation Chemist, Bureau of Chemistry, Washington, D. C. W. J. Barnes Special Representative Detroit Automatic Scale Co., Detroit,

Mich.

F. M. Basler Assistant Scale Inspector, Pennsylvania Railroad, Altoona,

Pa.

F. J. BouRGER Superintendent of Bridges and Buildings, New Orleans

Great Northern Railway, New Orleans, La.

A. BotTSFiELD Chief Engineer, Fi. & T. Fairbanks & Co., St. Johnsbury, Vt. Millard F. Bowen_JL739 F Street, Washington, D. C. R. F. Chatillon John Chatillon & Sons, New York, N. Y.

F. F. Clapp Weigher, Chamber of Commerce, Milwaukee, Wis.

Newton I. Colf Superintendent Scales, Stimpson Scale & Electric Co., Northville, Mich.

J. M. Connor District Manager American Kron Scale Co., 632 Chestnut

Street, Philadelphia, Pa.

J. C. Connors W. & L. E. Gurley, Troy, N. Y.

J. F. CRUiKSHANK_.Superintendent Scales, Southern Railway, Washington, D. C. W. Frank DATJB__.The Howe Scale Co., 341 Broadway, New York, N. Y.

L. D. Davis Supervisor of Scales and Weighing, Baltimore & Ohio Railroad, Baltimore, Md.

John Dower Supervisor of Weights, Merchants Exchange, St. Louis, Mo.

J. W. DuGAN Chief of Weighing Bureau, St. Louis & San Francisco Railroad, Springfield, Mo.

A. Neal Dtjgger Chief Scale Inspector, Tennessee Coal & Iron Railway Co.,

Ensley, Ala. G. M. Ecker Scale Inspector, Central Railroad Co. of New Jersey, Mauch

Chunk, Pa. W. C. Edwards Charles Forschner & Sons, New Britain, Conn.

F. S. Elliott Scale Inspector, Missouri Pacific Railway, 4537 San Francisco Avenue, St. Louis, Mo.

A. W. Epright Scale Inspector, Pennsylvania Railroad, Altoona, Pa. Fred W. Gast Engineer of Scales, Treasury Department, Washington,

D. C. T. H. Gatlin Assistant Chief Engineer, Southern Railway, Washington,

D. C. B. B. Gordon Scale Inspector, Pennsylvania Lines AVest, 1530 Broadway,

Logansport, Ind.

C. H. Graff Bennington Scale Co., Evans Building, Washington, D. C. A. H. Hafnee Representative M. E. OIHce, Pennsylvania Railroad, Altoona,

Pa. William Hardy Erector, Winters-Coleman Scale Co., 182 Hamilton Avenue,

Clifton, N. J. H. H. Harman Engineer Bridges, Bessemer & Lake Erie Railroad, Greenville, Pa. H. L. Harris Pacific Coast Borax Co., 100 William Street, New York, N. Y. Nathan Haxjse Manager, Baltimore Branch Standard Scale & Supply Co.,

409-411 North Gay Street, Baltimore, Md.

John T. Heard Scale Inspector, Louisville & Nashville Railroad, Birmingham, Ala.

H. O. Hem Chief Engineer, Strait Scale Co., Kansas City, Mo.

M. W. Heckman Gilbert & Barker Manufacturing Co., 26 Broadway, New

York, N. Y. H. B. Houston A.ssistant Scale Inspector, Pennsylvania Railroad, Altoona,

Pa.

Jos. HopKiNSON—Superintendent, The Computing Scale Co., Dayton, Ohio.

C. A. Jackson President, A. S. M. A., Delaware & Hudson Co., Rutland, Vt. G. R. Johnson Virginia-Carolina Chemical Co., 610 Washington Street,

Petersburg, Va.

D. H. Kelly Assistant Secretary, Toledo Scale Co., Toledo, Ohio.

T. G. KENWOETHY-Scale Inspector, Wabash Railroad, Peru, Ind.
LIST OF PERSONS WHO ATTENDED. 9

C. J. LaPoege Manager Scale Department, The Fairbanks Co., 416 Broome

Street, New York, N. Y. F. N. LoHMANN Chicago, Burlington & Quincy Railroad, Aurora, 111. John R. LoosEN__.Weighing Supervisor, Wells Fargo & Co., 817 South Fifth

Avenue, Chicago, 111. M. F. McCann Agent, Western Weighing and Inspection Bureau, South

Chicago, 111. H. G. Mack Pennsylvania Railroad, 199 Weber Road, Columbus, Ohio. A. Malmsteom Chief Scale Inspector, Atchinson, Topeka & Santa Fe Railway, 231 Branner Street, Topeka, Kans.

C. G. MicHALis Torsion Balance Co., 92 Reade Street, New York, N. Y. Wm. N. NiCHOLSoN-Assistant Manager, Whitall-Tatum Co., Millville, N. J. Ernest Ohnell Vice President, American Kron Scale Co., 430 East Fiftythird Street, New York, N. Y.

J. W. H. O'Meaea Supervisor Weighing, Chesapeake & Ohio Railway, Richmond, Va.

Daniel C. Palmee_.Standard Computing Scale Co., 24 Claflin Road, Brookline,

Mass.

C. A. Peesxjn A.ssistant Scale Inspector, Pennsylvania Railroad, Altoona,

Pa.

C. Pettis General Scale Inspector, New York Central, Rochester, N. Y.

J. L. Pheeigo Scale Inspector, Queen «& Crescent, Chattanooga, Tenn.

H. F. RECKENDOEr_.Secretary-Treasurer, Streeter-xlmet Weighing & Recording

Co., Chicago, 111. Mat Ribble Standard Computing Scale Co., Detroit, Mich.

M. D. RicHAEDS0N_.Scale Inspector, Wabash Railroad, Decatur, 111. W. E. Rhodes Scale Inspector, Buffalo, Rochester & Pittsburgh Railway,

Dubois, Pa. Wm. M. RoYLANCE-.Treasurer, Western Fruit Jobbers' Association, Provo, Utah.

Geoege Scheetz Scale Inspector, Philadelphia & Reading Railway Co., Reading, Pa.

J. A. ScHMiTz A.ssistant Weighmaster, Chicago Board of Trade, 90 Board

of Trade Building, Chicago, 111. J. G. Sims Sales Manager, Angldile Computing Scale Co., Elkhart, Ind.

C. A. Slatee Strait Scale Co., Washington, D. C.

C. G. Stoodt Chief Scale Inspector, Chicago, Rock Island & Pacific Railway, room 823, La Salle Station, Chicago, 111. H. A. Tate Chief Scale Inspector, Norfolk & Western Railway, Roanoke,

Va.

S. M. TEMPLETON_.District Sales Manager, Dayton Moneyweight Scale Co., 1313

Arch Street, Philadelphia, Pa. John L. Theobald- Eastern Representative, Toledo Scale Co., 1358 Broadway,

New York, N. Y. A. Cheistophee Nashville, Chattanooga & St. Louis Railway, Nashville, Tenn.

J. L. Teoemnee Henry Ti'oemner, 911 Arch Street, Philadelphia, Pa. T. B. TxiRNBULL Superintendent Bridges and Buildings, Ann Arbor Railroad,

Owosso, Mich.

William Waed Assistant Scale Inspector, Pennsylvania Railroad, Altoona,

Pa. G. I. Wateehotjse- -Norfolk & Western Railway Co., Roanoke, Va.

A. C. Welch Scale Inspector, Toledo & Ohio Central Railroad, 1127 Highland Street, Columbus, Ohio.

W. E. Wells Chief Scale Inspector, Chicago, Burlington & Quincy Railroad, 547 West Jackson Boulevard, Chicago, 111. RoBEET C. Welsh Assistant Scale Inspector, Pennsylvania Railroad, Harrisburg, Pa. H. C. Waerall Gilbert & Barker Manufacturing Co., Springfield, Mass.

A. G. Zeibel Scale Supervisor, Chicago Great Western Railroad, Oelwein,

Iowa.

CONTENTS.

First Session (Morning op Tuesday, Mat 25, 1915).

Page.

Address of welcome by Hon. William C. Redfield, Secretary of Commerce 13

Address by the president, Dr. S. W. Stratton 17 Appointment of acting secretary 19

Reports of State delegates:

Arizona, O.N. Creswell .• 19

California, Charles G. Johnson 20

Connecticut, Thomas F. Egan 20

District of Columbia, John H. Sherman 22 Idaho, John K. White 23

Indiana, John T. Willett 23

Kansas, Edwin F. Stimpson 24

Massachusetts, Thure Hanson 25 Michigan, Burr B. Lincoln 26

Minnesota, Charles C. Neale 27 New Hampshire, Maj. James F. Brennan 28

New Jersey, William L. Waldron 29

New York, John F. Farrell 31

Ohio, Fred. C. Albrecht 32

Oklahoma, W. P. Haseman 33

Oregon, Fred G. Buchtel 34

Pennsylvania, James Sweeney 35

Rhode Island, William F. Goodwin 36

South Carolina, E. J. Watson 37

Utah, Heber C. Smith 37

Vermont, H. H. Henry 39

Virginia, John W. Richardson 40

Washington, I. M. Howell 40

West Virginia, J. H. Nightingale. 41 Wisconsin, Fred P. Downing 42

Reports submitted by city delegates:

Chicago, 111., William F. Cluett 43

Indianapolis, Ind., Herman F. Adam 45

Report of the secretary, L. A. Fischer 46

Second Session (Afternoon of Tuesday, May 25, 1915).

Remarks by James J. Rafferty, collector of internal revenue for the Philippine

Islands 50

Testing of electric meters, by H. B. Brooks, Bureau of Standards 52

Discussion of above paper 56

Report of committee on constitution and by-laws and discussion thereon 58

Third Session (Morning op Wednesday, May 26, 1915).

Report of railroad track scale tests conducted by the Bureau of Standards, by

C. A. Briggs 82

A method of adjusting railroad track scales, by H. L. Van Keuren, Bureau of Standards 86

Automatic scales, by F. J. Schlink, Bureau of Standards 95

Discussion of above paper 108

Remarks by William M. Roylance, representative of Western Fruit Jobbers

Association of America 109

Report of committee on constitution and by-laws and discussion thereon (continued) 110

11
12 CONTEKTS.

Fourth Session (Morning op Thursday, May 27, 1915).

Page.

Reconsideration of report of committee on constitution and by-laws 115

Weights and measures work from the standpoint of the efficiency engineer, by

John H. Sherman, superintendent of weights, measures, and markets, District of Columbia 122

Resolution for appointment of committee to investigate elevator hopper and

grain scales, and discussion thereon 133

Resolution in opposition to fee system of inspection 134

Fifth Session (Afternoon of Thursday, May 27, 1915).

Appointment of committees 135

Remarks by Mrs. Haenlein, confidential representative, Mayor's Bureau of Weights and Measures, New York, N. Y 136

Resolution extending vote of thanks to Mr. Sherman 136

Report of committee on tolerances and specifications 137

Discussion of above report 138

Resolution to enlarge and increase power of tolerance committee 143

Reading of manufacturers' comments and objections to report, and dis- cussion thereon 151

Secretary's note, as to disposition of remainder of comments and objections 158

Sixth Session (Morning of Friday, May 28, 1915).

Discussion of Ashbrook Bill, including text of bill 159

System of keeping records, by Benjamin M. Sharp, chief clerk. Weights and

Measures Bureau, Philadelphia, Pa 171

The standard barrel law, by F. S. Holbrook, Bureau of Standards 176

Report of committee on resolutions:

Resolution recommending uniformity of legislation and of tolerances and

specifications ' 186

Resolution for holding next conference in New York, N. Y 186

Resolution for establishing a national board of examiners 187 Several resolutions for inviting scale experts and manufacturers to give

papers at the next conference 187

Resolution extending vote of thanks to the Director and members of the

Bureau of Standards 188

Resolution extending vote of thanks to oQicial stenographer 189

Resolution favoring sale of dry commodities by weight 189

Legislation: Addition of section to model law requiring sale of dry commodities

by weight, etc 189

Report of committee on nominations > 190

Election of officers 190

Report of entertainment committee 191

appendixes.

Appendix 1.—Tolerances and specifications for weights and measures and

weighing and measuring devices 193

Appendix 2.—Continuation of comments and objections of manufacturers to advance report of committee on tolerances and specifications, and committee's statements in relation thereto 220

Appendix 3.—Model State law on the subject of weights and measures, drafted

by the_ Bureau of Standards and indorsed by the Eighth Annual Conference on Weights and Measures, as amended by the tenth conference 235
REPORT OF THE TENTH ANNUAL CONFERENCE ON

WEIGHTS AND MEASURES OF THE UNITED STATES.

HELD AT THE BUREAU OF STANDARDS, WASHINGTON, D. C, MAY 25 TO 28, 1915.

FIRST SESSION (MORNING OF TUESDAY, MAY 25, 1915).

The conference was called to order at 10 o'clock a. m. by the chairman, Dr. S. W. Stratton, Director of the Bureau of Standards.

The Chairman. Gentlemen of the conference, it gives me very

great pleasure to again welcome you to this, which has proven to be

the most important conference of the year at the Bureau of Standards, and we have a great many of them, some 20 or 30 each year.

This, as the older members know, is the tenth conference held at

the Bureau of Standards, and we have looked forward to this meeting. Those of you who were here last year remember the words of

encouragement that were spoken to us by the Secretary of Commerce. During the year the Secretary has given a great deal of

attention to all of the buz'eaus of the department, and especially

to the Bureau of Standards, all with the idea of making the bureaus

useful to the country. We are fortunate, indeed, in having a Secretary who goes so minutely into the details of the work of the bureaus

and studies the methods by which they may be made useful. The

Secretary is again with us this morning, and it gives me great pleas- ure to have him address you.

ADDRESS OF WELCOME BY HONORABLE WILLIAM C. REDFIELD,

SECRETARY OF COMMERCE.

Gentlemen of the conference, I sometimes wonder when we hear

the formal words of welcome if we do not, as a matter of course,

think that they are part of the day's work, a thing of form rather

than of substance, a sort of preliminary to the real job of the day.

I think we all coimnonly feel, when we are members of conferences,

conventions, and meetings of the kind, that somebody has to say

a polite word, a " let us in," so to speak, as pleasantly as may be.

If that is true, I desire that you shall start your discussions here

under the most pleasant circumstances, and mere politeness would,

I hope, carry me far enough to say that you are welcome. If I

speak the whole truth, perhaps I ought to add that you should give us credit for the unusual influence we have exerted with the Agricultural Department to have the weather arranged properly for

you this morning. Little things like that, however, are a portion

13
14 BUREAU OF STANDARDS.

of the work of the bureau, which are not as yet published accurately.

We hope in time to arrange the weather service so that it will operate entirely satisfactory to all of our friends who come here.

What I would like for you to get from me, if I have the power to

make it clear to-day, is that of a welcome which is always at work.

I have not much use for the kind of welcome which says, " Gentlemen, come in ; this is a perfect morning, and we are glad to see you

I hope you will have a fine time;" and then the speaker goes home

and forgets you for the rest of the year. That principle would not

run a factory, for it would shut down as soon as the fellow's back was

turned that said that sort of thing. If I say to my superintendent,

"John, you are doing well; that was a fine job," I have done pretty

well, so far, and I have pleased John ; but if from that time on I forget John and give him no help or encouragement through the year

and take no interest in John's work and do not assist John to get the

obstacles out of his way, then, after all, it is merely language and

not practical service.

This bureau here and our whole department has no excuse for existence if it does not work all the year round, and it has no justification for existence if it does not do good work all the year round. If

we are here to hold down jobs, get our names in the papers, and

make something of a noise in the world, and do nothing else, then

we are frankly not worth while at all. Therefore, if there is one

thing we ought to do and which, with the knowledge we have, we

try to do, it is that of keeping at work both while you are here and

while you are away from here on the job to make this service something of use to the people, not merely to occupy a group of pleasant

buildings in delightful surroundings, but to be of some real service

in the world.

Over the gate of the infernal regions you will remember the oldItalian poet put the sign, "Abandon hope, all ye who enter here,"

and with a certain amount of justification, I imagine, from what

followed in his poem.

We should like to have the opposite result here. We would like to

have it happen, for example, that the fellow who finds fault with

us—they do; there are some so misguided that they do occasionally

find fault—would find us so treating that opportunity as to make a

friend.

I remember a business man, one of the best I ever knew, who said

that he cared more for the complaints that came into the shop than

anything else, because every complaint was an opportunity, and I

think he conducted a very successful business, largely upon the

foundation of the complaints that started ; he took occasion to make

every complaint a practical means of dealing personally with the

complainer in such wise that the complainer became the friend.

I remember very distinctly of an opportunity once taken by a

great commercial house that had a bad fire. The company had in

its custody many thousands of dollars worth of goods in storage

belonging to all kinds of people, and every one of those people was

at once in a good deal of difficulty, because their things were more

or less destroyed. Instead of dealing with that opportunity in such

a way as to make these people unhappy, this concern saw in this

disaster an opportunity, and they used it in such wise that when they

got through dealing with all these people, myself among them, we
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 15

all felt that there was no concern in this whole country that we would

so willingly deal with thereafter, because they showed their appreciation of our needs and of our difficulties and of our troubles. Putting themselves, with great skill, apparently, in the background, they

dealt with the matter as they thought we would like to have them

deal, and when I went in to present my claim for damages for the

goods which I had myself lost I remember very well I was perfectly

amazed to be in substance told, "Why, Mr. Eedfield, you have not

sufficiently looked after your own interests in this matter. Our

judgment is that your claim should be enlarged, and if you are quite

willing we will give you a check now, to-day." I went out with a

sense of dealing with men who thouglat of me and of my interests

and of my care ; and that was clearly business advertising, which was

worth all it cost. I believe our spirit is to deal with problems that trouble men and

trouble industry and trouble men of affairs all over this country,

with a desire to work the difficulties out in order to be helpful. I

have called this place on one occasion, and I like the title, " The House

of Accuracy." I should like to add to that now another title, and

call it " The House of Helpfulness," for we have no other excuse for

being here unless it is to make the path more straight, to take the

difficulties out of the road, to deal with the things that worry and

make others worry less, and to contribute to the building up of the

work that is so necessary, through you, for the people of this country.

I often think of the particular work with which you gentlemen

are charged, as sifting down, more than most work in support of the

men and women who have nobody else to 'help them and who are not

able to help themselves. I suppose, gentlemen, that the science of

weights and measures finds its worst abuse, in so far as it is abused,

in the small dealings with the very poor. I presume it is true in this

country, as in others, that the people who own the least and need the

most, suffer in their need for the lack of the knowledge which,

through you, should be supplied to them and given to them in protection of their need.

I 'have known it to be true that in the city where I lived, the people

who were the least able to afford paid most per unit for what they

had to get, and those who had the least opportunity to detect a fraud were often the most continuous victims of that kind of fraud

which it is your business and ours, in such measure as we can, to find

and to expose.

Therefore, I think, as I have said to you before, and I feel it very

deeply now, there is a social value to your work which is of a very

peculiar character and weight. I like to think of this institution as reaching out into the unknown, into those portions of nature which

are as yet an undiscovered country, as reaching out into that which

is as yet unknown and finding it out and learning how to handle and

to deal with it, and translating it into usefuless for those who have

neither the power nor the means nor the opportunity to do anything

of that kind for themselves.

Now, I am going to leave the question of your work and of this

institution for a few moments this morning, and I want to talk to you

now—because I think it is a good opportunity to meet the citizens of

many States and of many cities—a little bit on those affairs which

interest us all as American citizens.
16 BUREAU OF STANDARDS.

Nearly half of the world is on fire. The citizens of Europe, of

Africa, of Asia, and of Australia are engaged in destruction. I

wonder if you have ever thought, as I used to think, that now is a very ordinary time in which to live, that all the interesting things

happened in the time about which the books were written, and that

this was a very humdrum day. We, none of us, think so now, for

America is the only continent in which a great many people are not

trying to destroy one another. Neither your fathers nor yourselves ever saw such a condition as we face every time we pick up our

morning newspaper. Men's lives, men's property are being destroyed

at a rate which is appalling. Sciences are being utilized to produce

disaster on a scale which we have never known. Nothing could be

more contrasted than the spirit in which we meet here to help one

another and the spirit with which, across the sea, men are trying to

destroy one another. There can be no sharper difference made between the spirit of America and the spirit of militancy than that.

Now, of course, when so great a fire is burning we feel some of

the heat, and there have been those who have been unwilling to play

because they felt the heat, not realizing the spirit of thankfulness

that should be theirs because they themselves were not being con- sumed by the fire. Please God, we shall keep out of that fire and we

shall keep out of it not because we ai'e afraid, but because if there

is one thing in the Nation greater, perhaps, than anything else it is

the power of self-control; and we do not purpose to lose our grip

upon ourselves. So that, no matter what the event shall be—and

I am not in the back of my mind even thinking or intimating for

myself that there is to be any event other than a happy one—whatever the event shall be, you and I have faced in the last two or three

weeks something that should make us very proud of our country.

We have seen things happen that were, to say the least, hard to bear,

and we have seen this wonderful people of ours, composed of men

living in different climates and under different conditions, we have

seen them calm and steady at a time when they were also most concerned, in a way that has been a splendid exhibition of power.

I think you will agree with me that the strength of America, the

power of her manhood and conscience, has never been more finely

exhibited than in its unanimous feeling and in its equally unanimous

restraint of the last two or three weeks. I am sure you will be glad

to tell your sons that you and I belong to a people strong enough to

hold itself down and to be patient and firm and wholly unafraid.

Now, I want to pass for a moment to another phase of our situation. When you met here a year ago this Nation of ours was a debtor people; we owed Europe five thousand millions or more

which it had loaned us to build our railways, to construct our utilities, and for manifold other uses. We owed her, also, when you last

met here, four or five hundred millions or more of floating debt, and

both of those things were in such condition that we could be called

upon to pay. In August, when the storm broke, we were asked to

pay, and gentlemen came hither for the purpose of making it possible for us to make the payments, and for some weeks there was

that same kind of distress in our national affairs which would come

to any man who was suddenly and immediately, in time of difficulty,

called upon at once to pay all that he owed. It is almost an incredible

situation that faces us to-day, as we look back at August of last year.
TENTH ANK-ITAL CONFEEENCE ON WEIGHTS AND MEASUKES. 17

Yesterday I had to prepare for publication to-day the facts con- cerning the position of the United States in tlie international world

with relation to the international markets, and found that it was

almost impossible for me to get my figures in my estimates as large

as the facts proved to be as regards our favorable position in the

world. I had said to myself that I thought we would have a favorable balance in our international market for the 10 months ending

May 1 of $800,000,000. In the back of my head I thought it might

be $805,000,000, but I kept a little matter like five millions to the

good. As a matter of fact, it is $850,000,000.

If we add what has occurred in May up to last Saturday night, the

favorable balance of our merchandise transactions with other nations is now in excess of $900,000,000. If the rate of growth stays

where it is and grows no more, and even falls off somewhat, we shall,

at the close of the fiscal year on June 30, be in the unique position

of having sold to others more than we have bought of them to the

extent of a thousand millions of dollars, and that despite the fact

that for the first two months of the year—July and August—the

balance was adverse, so that we had to make that up in order to

start. We have never, any of us, gentlemen, known anything like

that before—never. The country of which we are citizens is nec- essary to the world as she has never been before. It is a very proud

position to hold to-day—that of an American citizen—and it is

proud not only by reason of our financial power, never so great as now, but also because we, conscious of our power, know the duty

and the obligation of being calm and wise in the use of that power.

So that there flows out from America to-day what I am most anxious

should go out from this institution and this department—a spirit to

the world of helpfulness, not because we are not able to struggle, if

that be necessary, but because we think the finest use of power and

of knowledge is to lift men up rather than to drag them down.

ADDKESS BY THE PRESIDENT, DR. S. W. STRATTON, DIRECTOR OF THE

BTJREAir OF STANDARDS.

As the Secretary has said, mere formal welcomes do not amount

to much and, furthermore, we trust that most of you gentlemen are

so much at home in the Bureau of Standards by this time that you

do not need any formal welcome. You are always welcome, not only

at this conference, but at all times of the year, either personally or through the mails. I will not take up much of your time, as the

greater number of you have been here before, but for the benefit of

the new members with us I will say just a word or two with regard

to the object of our conference.

In the early days of the bureau, we recognized that the bureau

could not reach the people in the affairs of ordinar}'^ weights and

measures without a perfected machinery. Its usefulness to the public

would be very greatly impaired without a stable organization in

every State and in every community to bring about correct weights

and measures and, when I say correct weights and measures, I mean

that it is just as important to assist the man who wants to do right

as it is to watch the man who wants to do wrong.

24309°—16 2
18 BUREAU OF STAiSTDAEDS.

I am very glad to notice as this work develops, both in the con- ference and at the bureau, that there is a growing tendency on the

part of the sealers throughout the country, both State and municipal,

to consider something more than the mere police duties before them,

to educate the public as it were, not only the dealers, but the public

themselves, and to place the means before them for having correct

weights and measures, and to educate them in matters along similar

lines. The time is not far distant, as I have often said, when your

work will be greatly enlarged, when you will be called upon to

answer questions and to take up matters considered entirely outside

of your functions at present.

Already the people throughout the country are beginning to give

just as much attention to the weights and measures of public

utilities as they are the weights and measures of your work. During

the year the bureau has noted a decided improvement, a decided

awakening of the weights and measures interest in all lines, not only

in the smaller weights and measures used in commerce, but in the

larger track scales, in the weights and measures used by the departments of the Government, and in the whole subject of weights

and measures in its broadest aspect. Manufacturers are beginning

to consider the manufacture of weights and measures from a scientific standpoint a-nd the bureau can be and is exceedingly helpful to

them in that matter.

The main object of this bureau in calling these meetings was to

bring all of the people interested in these matters together, in order

that the bureau might be a clearing house, as it were, for weights and

measures matters. The official from one State who has had a lot of

experience, who has found out by experience that some things were

good and that other things were bad, can give us the benefit of the

experiences at these meetings and the newer official from a State

which has recently organized its weights and measures matters, can have the benefit of that experience.

Untold good has already come from these meetings and much more

is to follow along that very line. There are many questions to be

discussed about which we may differ. It would be somewhat unusual

if a class of practical men should get together and not, from the

standpoint of their own experience, in different localities, draw

different conclusions but, as with weights and measures themselves,

we must have a certain uniformity in regard to practices and we can

best obtain this uniformity by the bringing together of the people

interested, and some of us will have to give and others will have to

take. However, throughout all the conference and throughout all

the discussions, let us keep in mind that our object is to get at the

truth, to eliminate all forms of politics, and to get at those facts

which will help every man to do his work better.

We enjoyed very much in the first years of the conference hearing

the delegates from the different States give us their experiences, and

give us a resume of the conditions. We have had to curtail that

feature to some extent in the last few years. However, it was

thought best this year, in order that we might get acquainted with

the delegates and to know who are here, to have just a brief statement from each official State delegate.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 19

APPOINTMENT OF ACTING SECRETARY.

The Chairman. As you perhaps know, the secretary of the conference, Mr. Fischer, is in San Francisco, serving as a member of the

jury of awards of the exposition, and in his absence I have asked

Mr. Holbrook to act as secretary, because he is acquainted with the

work and will be in close touch with Mr. Fischer upon his return.

REPORTS OF STATE DELEGATES.'

ARIZONA.

By O. N. Ceesweix, State Inspector of Weights and Measures.

Mr. President and gentlemen, no funds were available with which

to meet the expense of a trip to Washington; for this reason the

State of Arizona is not represented on the floor of this conference.

The original weights and measures law of this State became effective August 16, 1912. Since that date several amendments have been

made to the law, the most important of which are to require regular

inspections to be made in all precincts, town, or cities with a population of not over 5,000 and not under 900 inhabitants, and to have

inspections made in any place in the State when a request is made so

to do. In addition to the increased jurisdiction, the commodity sec- tions of the law were enlarged so that the net weight and measure

must be marked on all necessary articles offered for sale.

The weights and measures officials of this State consist of the

State inspector and six city sealers. Each city with a population

of over 5,000 inhabitants has a city sealer who is named by the common council.

In addition to the weights and measures work, the State inspector

and city sealers are required to test all water, gas, and electric meters

in the State. These tests of meters have not been made for the reason that no funds have been appropriated with which to secure the proper apparatus or to meet the necessary expenses of conducting this inspection.

This department recommended the abolition of fees, but the legislature failed to take favorable action on the subject. Some friction

has been caused by reason of the collection of fees,- and we feel sure that the elimination of fees for inspection work would materially

help this department in enforcing the weights and measures law.

The last legislature failed to pass an appropriation bill. At this

writing the legislature is in special session, called for that purpose.

It is not known what appropriations will be made, but we are in

hopes, however, that ample funds will be provided with which to

carry out in an efficient manner the weights and measures law of this

State.

This department is indebted to the Bureau of Standards and its

courteous officials for the help and cooperation which has been given

since its organization.

The State inspector regrets his inability to attend this conference,

but hopes that at the next meeting he will have the pleasure of

attending and making the personal acquaintance of the officials who

are carrying on the important work of weights and measures.

1 These reports are those which were submitted in writing to the secretary of the con- ference for inclusion in the record.
20 BUREAU OF STANDABDS.

CALIFORNIA.

By Charles G. Johnson, Siiperintendent of Weights and. Measures.

Mr. Chairman, the State of California is for the first time represented at this conference by a delegate. His coming signals the successful termination of five years of constant effort to write into the

statutes a weights and measures law that would prove effective,

comprehensive, and constitutional.

The California State Department of Weights and Measures, from

its inception, June 10, 1914, has pursued a vigorous organization

campaign along educational and tactful lines seriously impressing

the city and county supervisors of the merit and the necessity of

weights and measures inspection and regulation. To-day 58 weights

and measures officials are employed, fully equipped with modern

apparatus, and doing excellent work.

The weights and measures laws of California, as amended by the

last legislature, are model laws. They give to the superintendent the

authority to adopt tolerances and to establish a standard net weight

or net measure of commodities, and provide for the adoption of

opinions and regulations as issued by the Secretary of Agriculture

appertaining to weights and measures. Tolerances and specifications as suggested by the Bureau of Standards were adopted and have been successfully enforced.

The officials have been carefully instructed and schooled in their

duties. They work in full harmony with the State department and

they have favorably impressed the people of the State, in a dignified

ancl effective manner, that a uniform standard of weights and measures is essential to commercial harmony and prosperity, and the

merchants are cooperating to establish conditions that will obviate

unfair competition by eliminating and discarding trade customs

that were not equitable.

CONNECTICUT,

By Thomas F. Egan, State Superintendent of Weights and Measures.

Mr. Chairman, it is a pleasure once again to take part in this

conference as a representative of the Connecticut weights and measures department. In this connection the delegates present may be

reminded that it was mostly through the efforts and work of former

delegates to these conferences that the present weights and measures law of Connecticut was brought to the attention of the Connecticut

General Assembly at its January session, 1911.

The law just referred to does not give as much benefit as might be

obtained, if other laws had been specifically repealed, since the re- pealing section or clause—"so much of any act as is inconsistent

with the provisions of this act is hereby repealed "—does not always

operate as a sufficient repeal.

The legislative committee that reported our weights and measures

law to the general assembly intended that the authority and duties

of town sealers should cease if the law was enacted. It was realized

that the small towns could not afford to pay a salary to the town

sealer and fee system was objectionable. The committee, however,
TEITTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUBES. 21

did not succeed in repealing certain statutes, because it was found

after the law had been approved, that the statutes referred to were

not inconsistent with the later enactment ; consequently, town sealers

continued to perform duties and collect fees therefor.

During the January, 1915, session of our general assembly, the

following bills relating to weights and measures were introduced

House bill No. 454, providing that cities of 15,000 population and

over should appoint city sealers. This bill was favorably reported,

but it was defeated.

House bill No. 252, making it the duty of sealers to examine gas,

water, and electric-light meters. This bill did not pass, as it was

reported that the pubic-utilities commission could perform the duties

provided for in the proposed law.

Senate bill No. 429, authorizing the sale of certain articles, vegetables, etc., by weight was quite strongly opposed by representatives

of certain interests.

A substitute for House bill No. 288 provided the maximum amount

of $1,800 for compensation for county sealers. The bill was afterwards amended, providing that a county sealer might be paid such

compensation as should be fixed by the senators and representatives,

residents in the same county, at their biennial meeting. This amendment to chapter 280, public acts of 1911, was adopted, the amendment taking out the former maximum amount of $1,000, and leaving

the amount of salary for the county sealer to be determined by the

senators and representatives of his county.

House bill No. 458, concerning weights and measures. This bill

was drawn up at the request of a member of the general assembly,

and, on account of lack of time, the officer copied the Ohio law re- garding the sale of fruits, vegetables, and a large number of commodities by numerical count, weight, or measure. The bill was introduced and referred to the judiciary committee, who assigned it for hearing. At the first hearing a continuance was asked for by

some one who was opposed to the law, and, after a postponement of

two weeks, lawyers from Boston, New York, New Haven, and representatives of the Wholesale Grocers' Association, the retail meat

dealers, and others, appeared before the committee and offered

strong opposition. The member introducing the bill had, in the

meantime, received information that a part of the Ohio law, which

was under consideration by his committee, had been declared unconstitutional, as the result of a prosecution in Ohio. The bill was re- ported unfavorably and rejected in the House.

The enforcement of our weights-and-measures law, chapter 280,

public acts of 1911, is productive of much better conditions as re- gards the sale of food, coal, and other articles than formerly existed.

Regarding the sale of print butter our officers have been diligent

;

several prosecutions for short weight having been instituted, but

only in cases where it was certain that the dealer had a knowledge

of giving short weight. Prosecutions have also been brought and

penalties imposed in cases where the container was weighed and

sold with the butter. We also had prosecutions against two creameries for selling short-weight butter. Fines were imposed in each case. One of the concerns, on account of the conviction, was obliged to go

out of business.
22 BUREAU OF STANDARDS.

Successful prosecutions under the net weight package law have

been had in several cases since a decision by our supreme court, entitled, State of Connecticut v. Thomas H. McGee, an appeal from

the court of common pleas for Fairfield County, in which case our supreme court decided that the law was constitutional.

Another case, State v. John E. Woodhull, wholesale butter dealer,

is pending in the court of common pleas, Fairfield County, at

the present time, claim being made that the case will be sent to the

supreme coui-t on some law point.

DISTRICT OF COLUMBIA.

By J. H. Sherman, Superintendent of Weights, Measures, and Markets.

Conditions in the District of Columbia are far from satisfactory,

and for a cause which is beyond our control, but which you gentlemen, delegates to this conference from the various States and cities, can reach and correct if you will.

The District has no suffrage. We are governed by Congress, which

is a body of 500 or more men of varying qualifications and points

of view ; but none of them come from this District and but few ever

really learn the District's needs. Now, no matter who these men are or what they are, whether elected as Democrats or Republicans, Bull

Moose, Socialists, or Prohibitionists—it makes no difference—every

one of them when elected was pledged to economy. You gentlemen

from the States elect these men and send them down here to Congress with every man of them pledged to economy. When they get

here they find that the only place on earth where they can economize

without losing votes is in the District of Columbia.

What need to say more to practical men? We are allowed the

same number of inspectors we had in 1900, although the needs of

the work have doubled in that time. Our most up-to-date legislation

was passed in 1896, and is about as tight as a sieve. Our equipment

is inadequate, and we have to economize on car fares. Although all

employees are paid salaries from general funds independent of the

' amount of fees collected, we still are hampered by the fee system.

Under these handicaps all that can be done has been and is being

done. Further improvement must largely depend upon your influ- ence upon your local Congressman.

We are using the conference tolerances, but have no legislation

governing types definitely enough to permit of the adoption of the

conference specifications, although we approve of them and would

like to enforce them. For years the shortage of working force in the

growing city, coupled with positive regulation requiring inspection

of all scales each six months, has forced a steady reduction of the

capacity of the tests made, until last year heavy wagon scales were

being tested with a 1,000-pound corner test, l,060-pound scales were

being tested to 300 or 400 pounds, and lighter scales to one-half their

rated capacity.

During the year now closing this policy has been reversed. Considerations of revenue have been disregarded and adequate testing

ordered. All scales up to 1,000 pounds are now tested to full capacity.

Scales from 1,000 pounds to 2 tons are tested with the 1,000-pound

test, and all heavy scales get a 1-ton corner test, which is frequently
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 23

doubled in cases of doubt. The improvement caused by this change

has been very evident, but it is secured at the expense of frequency.

We should be testing not less than twice yearly and as much oftener

as necessary. With the present small force that is impossible if adequate tests are to be made, and we are therefore able to reach these

scales only about once in each 8 or 9 months. The merchants desire a

stricter supervision.

I think all here will agree that the National Capital should be

second to none in caring for its citizens. All here will agree that the

best welfare of weights and measures work demands that it be not

retarded at the Capital City. Therefore I appeal to you gentlemen

from the States

Go back to your Congressmen and impress upon them your appreciation of this need at the Capital. Tell them to permit us one-tenth

as much for weights and measures as they spend on parks, and we

can make you a better report next year. Only you can do this. The

people of Washington are helpless.

IDAHO.

By J. K. White, State Sealer of Weights and Measures.

I beg to submit a report of inspection of scales, weights, and measures, under the law passed by the twelfth session of the Idaho Legislature.

Scales inspected

Scales found O. K. at time of inspection 269

Scales repaired and sealed by deputy 186

Scales condemned for repairs 133

Scales permanently condemned 53

641

Measuring pumps inspected:

Found O. K. at time of inspection 26

Adjusted and sealed 71

97

Measures (all kinds and sizes) inspected:

Sealed O. K 307

Condemned 333

640

In addition to the above inspections hundreds of packages of

food commodities have been inspected for short weight and short measure. Our work during the current year has been confined to wagon scales

and stock scales. This State is exerting every influence to persuade

the larger cities to establish a department of weights and measures

inspection, and I feel that much good work will be accomplished

when this organization has been completed.

INDIANA.

By J. T. WiLLETT, Chief Inspector of Weights and Measures.

Mr. President and delegates, in reporting the condition of the

weights and measures department of Indiana, I am pleased to say

that the work is progressing very satisfactorily.
24 BUEEAU OP STANDARDS.

This year no changes or amendments were made to our present

weights and measures law ; we did, however, introduce two bills at

the last general assembly. One was a " sale by weight law " which

I am pleased to say received very careful consideration, although

it was lost. The other was the establishing of a " weight per bushel

of all dry commodities. This bill, like the other, was defeated.

There was no attempt made in any way to interfere with the State

department of weights and measures as I understand there was in

other States.

I wish to take this opportunity to thank the Bureau of Standards

for the services rendered to the State of Indiana through sending

the Government test cart into our State imder the able direction of

L. R. Boyer of the bureau, who made tests of a number of railroad

track scales. This work covered the inspection of 44 scales which

were located in all parts of the State. Of this number about 67 per

cent were found incorrect. These figures are taken from statistics

at the Bureau of Standards. We feel a great deal of good will result

from the inspection of these scales by the Government test car. Other branches of the weights and measures work are progressing

very satisfactorily through the efforts of the State and local departments. Indiana is represented at this conference by one State and

three local inspectors.

Gentlemen, I thank you.

KANSAS.

By Edwin F. Stimpson, Deputy State Sealer of Weights and Measures.

Conditions in the State of Kansas in regard to weights and measvires, are very much as they have been for the past few years. No

new cities have established inspection of weights and measures. The

city of Parsons has had this matter under consideration for some

time, but as yet has not passed an ordinance establishing the inspection of weights and measures. The State food inspectors continue

to inspect the weights and measures in the grocery stores and other

stores in which food is sold and in that way keep the smaller weights

and measures in fair condition. Likewise, the drug inspectors keep

watch of the prescription weights and other weights and measures

in the drug stores. As 3'^et, there is no adequate provision for the

inspection of wagon scales, elevator scales, track scales, and other

similar weights and measures. There has been a great addition to the

number of measuring pumps for the sale of gasoline to motorists

within the State and there is no adequate provision for the inspection and regulation of these pumps.

Three bills were introduced in the legislature which met last spring,

looking toward improvements of these conditions, but none of them

were passed. These were as follows

1. A bill to revise the fee system so that the fees charged would

come nearer to pa^dng the expenses of inspection, which would have

enabled the State sealer to do more work throughout the State, by

deputies from his office. 2. A bill to repeal our present berry-bos section, which authorizes a liquid quart box for berries, and also, to repeal the obsolete oil

section of the law, which requires certain oils to be sold at specified

weights per gallon.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 25

3. A bill which would make the maintaining of false or illegal

measures, especially liquid measures, in or near the quantities of

dry commodities exposed for sale presumptive evidence that these

commodities were being sold by these false or illegal measures.

It has been found very difficult to get convictions for the above

practice under the present law, and it was hoped that this law could

be passed, which would throw the burden of proof the other way

around.

MASSACHUSETTS.

By Thuee Hanson, State Commissioner of Weights and Measures.

I am glad of the opportunity of being here to-day and to report

on the progress of our work in the Commonwealth of Massachusetts.

Since becoming commissioner of weights and measures I have found

that there is more to be gained by way of practical information at

this annual conference than from any other gathering of weights and

measures officials.

Ours is a work which is constantly growing in scope and importance, and it is our duty to acquire as much knowledge as possible,

for those in charge of the enforcement of laws governing weighing

and measuring devices must keep abreast with the times in order to

administer their offices successfully.

Four new laws relative to my department have been enacted by the

General Court of Massachusetts in 1915. One provides for the

licensing of hawkers and peddlers by the commissioner of weights

and measures ; another relates to packing, grading, and sale of apples

;

another relates to the testing of weighing and measuring devices used

in State institutions and departments. The legal weight of the

bushel of fine salt has also been changed from 50 to 70 pounds.

Heretofore the licensing of hawkers and peddlers has been done by

the secretary of the Commonwealth. Under the law just passed, the

commissioner of weights and measures may grant a license to go

about exposing for sale and selling any goods, wares, or merchandise,

except jewelry, wines, spirituous liquors, and playing cards to any

person who files in our office a certificate signed by the mayor of a

city, or by the majority of the selectmen of a town, stating that to

the best of his or their knowledge and belief the applicant therein

named is of good repute as regards morals and integrity and that he

is or has declared his intention of becoming a citizen of the United

States. This law will give our department thorough supervision

OA'er hawkers and peddlers and is a forward step in the work for

which our department was organized.

The law relative to packing, grading, and sale of apples fixes the

standard barrel and provides for the grading and packing of the

fruit. The dimensions of the barrel, as defined in section 1, are the

same as required by section 1 of the " national apple barrel law " (H. E. 21480, approved Aug. 3, 1912), which became effective in

interstate trade in July, 1913.

The ordinary flour barrel conforms to these dimensions, and the

cubical content, 7,056 cubic inches, gives a capacity of exactly 105

quarts, dry measure. However, this act differs from the national law in that it also

makes provision for a standard box for apples. A box conforming
26 BUREAU OF STANDARDS.

to the prescribed dimensions would have a cubical content of 2,173.5

cubic inches, and would therefore be capable of containing one

bushel (2,150.42 cubic inches) while also permitting the box to be

covered, so as to make it a closed container without bruising the fruit.

This legislation was recommended by the State board of agriculture with the idea that the standardization of the grading and

packing of apples in this Commonwealth would aid materially in

meeting the competition of Western States and in encouraging the

development of orchards in our agricultural districts.

Investigation by men attached to our office last year showed that

weighing and measuring devices used in State institutions were incorrect to a considerable extent, and that in some instances the Commowealth was losing money because of this fact.

After a very careful study of the situation, legislation was rec- ommended. I am glad to report that a law has been enacted providing that the commissioner of weights and measures, or his inspectors by his direction, shall at least once annually test all scales,

weights, and measures used in checking the receipt or disbursement

of supplies in every State institution or department, and shall mark

the same in accordance with the results of such tests. The commissioner shall report his findings in writing to the executive officer of

the institution or department concerned, and, at the request of said

officers, the commissioner of weights and measures shall appoint in

writing one or more employees then in actual service of such institution who shall act as special deputies for the purpose of checking the

receipt or disbursement of supplies.

I am pleased to report that we have had the marked cooperation of

officials throughout the State. The mayors and councils of cities and

the selectmen of towns are learning more and more about the importance of our work and are working with us hand in hand. The

sealers in the various cities and towns are firm in the belief that co- operation will secure the best results, and they are doing everything

in their power toward securing harmonious action. The growing

importance of the work of those in charge of the enforcement of laws

relative to weights and measures is being felt generally throughout

Massachusetts.

MICHIGAN.

By BuEE B. Lincoln, Deputy Dairy and Food Commissioner, in Charge of

Weights and Measures.

Mr. President, ladies, and gentlemen, Michigan has made progress

in the enforcement of weights and measures laws. The enforcement

of the weights and measures law was placed with the dairy and food

department, and, as our appropriation is very small, the work rests

principally in educating city and county sealers when they are appointed and in visiting the old sealers and seeing to it that there is a uniform enforcement of the law. Our food inspectors condemn

all illegal measures such as bottomless measures and those whose

diameters do not come up to the model specifications as established

at the last conference. The measures condemned and destroyed

number several thousand some months. Inspectors also do a large

amount of reweighing and condemning scales of certain types, such

as those which have jump charts, cheap spring scales, etc.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 27

In the matter of legislation we secured the passage of a Babcock

test bottle law and a scale bill, modeled after the Bureau of Standards' specifications, and we are becoming equipped to test all bottles

submitted. Our creamery inspectors will carry small pocket balances

to test cream scale weights and scales. We also secured the passage

of a milk-bottle bill placing the manufacturers under bond. This

bill is modeled after the Wisconsin law, except that our tolerances are much smaller. The rest of our proposed legislation failed in

passage largely for the reason that certain of the members of the

legislature undertook to place our department with the Michigan

agricultural college. This resulted in a strenuous fight, and, al

though we won that battle, most of our proposed legislation went by

the board. A bill was passed amending our net-weight law so that

vegetables and fruits are exempt from stamping contents on the outside of package. This was a step backward.

We find our educational exhibits are very helpful in the work, and

any State might profit by same. The railroads furnish our department and the State board of health with two baggage coaches, which

they draw free of charge during the month of August. We have

an exhibit of both foods and weights and measures. We also have

an exhibit at the State fair and at different cities where we hold

" good health " weeks. One county inspector exhibited at his own

local fair. This year we intend to extend the number of exhibits, as we find them of great assistance in educating the people as to the

value derived in having weights and measures officials and inspection

work.

We held a conference of State, county, and city officials last year

at Detroit, at which great interest was manifested. We were ably

assisted by J. C. Connors, Fred Downing, and F. S. Holbrook. We

will hold another in the same city July 6, 7, and 8 of this year, and

hope you all will be present.

MINNESOTA.

By Charles C. Neale, State Commissioner of Weights and Measures.

Weights and measures conditions in Minnesota are now on a

fairly satisfactory basis, but of course there is great room for improvement. Speaking from a mechanical standpoint, as far as scales

and measuring devices are concerned, the trade is in very satisfactory

condition, but it is to be regretted that our laws are still inadequate

in the matter of compelling sales by weight, except in the commodities coal, charcoal, and ice. We are still in that unsatisfactory

situation where commodities may be generally sold by indefinite

quantity, such as a heap, pailfull, boxfull, bagfull, etc., without ref- erence to legal measures, but when the terms of standard legal

measures are used in a transaction in selling dry commodities for

instance, our law is comprehensive enough to require that pounds

shall be given for any mentioned measure as established for that

particular measure. We have been very successful in ridding the State of " snide " berry boxes, but have found that since the net-weight package law

became operative, short-measure boxes are again coming into this
28 BUREAU OF STANDARDS.

State and the shippers claim the protection of interstate commerce

in the matter.

It is gratifying, however, to know that our local wholesalers and

retailers are anxious to cooperate with the department in the proposition of full weights and measures in general.

This department is now on an appropriation basis, except for

extra and special tests, and since the department was first established

on a straight-fee basis, we are in a position to speak with authority

as to the great advantage of free inspection rather than a fee inspection, for we have now had experience with both systems. The

weights and measures department of Minnesota had its own troubles

during the last legislative session, but perhaps no more than the same

service had in some other States, but on the whole the legislative

body desired to maintain the department as an entirety, and some of

the criticism and unfair charges against the department were simply

the effect of a general cry against the fee system, which crystallized

in the minds of some legislators in the form of a belief that the department must be a source of trouble and unfairness.

The scope of the work in Minnesota may be briefly summarized as follows: Minnesota has an area of 84,682 square miles. This ter- ritory is divided into 86 counties, having a total population at the

present time of about 2,200,000 people.

There are 2,100 cities and villages in the State, in which cities and

villages approximately 28,000 business firms, large and small, are en- gaged in commercial pursuits. This commercial work is done over approximately 38,000 scales with 81,000 weights and 51,000 measures. Since a limited appropriation has reduced the department to 12 regular inspectors in the field, it is very evident that the territory can

not be completely covered in one year as contemplated by the provisions of the weights and measures law.

However, we are determined to do our best in going as far as we

consistently can in the work, and we take some satisfaction in Imowing that Minnesota has been placed on the weights and measures map

of this country, and will always feel that the Bureau of Standards

was the most important factor in awakening this State to the necessity of weights and measures supervision.

NEW HAMPSHIRE.

By James F. Beennan, Special Representative.

There being no valid argument advanced, or attempted to be advanced, in opposition to an honest and uniform enforcement of cor- rect weights and measures laws under State supervision, it is indeed

strange that there still are some States in this Union which, through

alleged ulterior influences, have failed to protect purchasers in this

)natter of such admitted importance to the people. I have the honor

to be a delegate to this conference representing the good old State

of New Hampshire, a State second to none in the Union in the honesty and intelligence of its people, and yet the only State in New

England where there is no State supervision to protect its people

from imposition in this iniquitous cheat of short weights and measures and where the purchaser is being constantly and grievously

wronged, a State which has become the dumping ground of all man-
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 29

ner of incorrect scales, and where injustice to purchasers runs rampant and unchallenged. All this in violation of the will of the

people, against the wish of the governor, and contrary to the over- whelming vote of the popular branch of our legislature, simply be- cause our senate—as was the case in the senate of the previous legislature—stood across the path of this movement for an honest deal

in relief of the people. That small body of men—too small, indeed,

as it is thought—constitutes at the present time the only branch of

any New England legislature in opposition to State supervision of

weights and measures, and maintaining the only citadel in the northeastern section of our country protecting those who seek that which

does not belong to them.

In 1910 the National Bureau of Standards made a careful examination of conditions in New Hampshire, and especially in Concord

and Manchester—this being three years before the excellent law of

1913, relating alone to Manchester, was passed—and it was found

that, upon the basis of the shortage found in those two cities, $700,000

was wrongfully taken by short measure each year in food supply from

the consumers of the State, and it is fair to presume that conditions

in those two cities were no worse than the conditions in the country

towns.

Those people of our State who have investigated this matter were

aroused to the true condition, and the women's clubs aided materially in the movement for reform.

It was my privilege to introduce in the house of representatives a

bill which sought to place our State abreast of her sister States; it was drawn to conform to our conditions from the standard law

which the department at Washington recommended and to which

an expert of that department had offered some amendments which

recent experience and study had suggested. This bill was carefully

considered and favorably reported by the judiciary committee of the

house; it received also the favorable recommendation of the house

appropriation committee and overwhelmingly passed the house, but

was strangled to death in the senate. It is up to the members of

that body who voted to kill this bill to explain to their constituents

their act. It would seem that if the people are to get an honest regulation of weights and measures law in our State they must see to it that they elect a senate who will act in their interest.

New Hampshire, unfortunately, has no law to permit of State

supervision of weights and measures, but the governor and council

wish to aid in the good work of this confei'ence, and our people

still have hopes that the Granite State will be permitted by the

next senate to take her place with her sister States in remedying a condition which is as much a robbery as would be the giving of 96

cents in return for a gold dollar.

NEW JERSEr.

By William L. Waldeon, State Superintendent of Weights and Measures.

Mr. Chairman and gentlemen, if we glance back over the past few

years we can not help coming to the conclusion that important

changes for the better have taken place in our work, that progress

has been made, that our aims and objects are becoming better under-
30 BTJBEAU OF STANDARDS.

stood, and that we are becoming more efficient in our line. The purchasing public, too, is more alert than ever before and affords splendid cooperation. The attitude of the consumers is traceable, to my

mind, to the fact that weight-and-measure officials are more in earnest to-day than they used to be. If public officials take their work

lightly, it can be stated without fear of contradiction that the public

will do the same; but if officials show themselves in earnest, so will

the public. The net result will be the accomplishment of more work

in a better way, to the satisfaction of all concerned.

As an illustration of the progressive trend weight-and-measure

work has taken within the last two or three years, it might be well

to cite the passage of the net-weight-container law and the Tuttle

barrel act. Both are splendid pieces of legislation and will go far

toward improving conditions. The laws were greatly needed and

will prove a source of benefit to manufacturers, consumers, and

officials alike after their provisions have become generallj'^ understood. The passage of the bills ought to eliminate the impression that

Congress will not enact weight-and-measure legislation. A healthy

beginning has been made and, by working harmoniously, it ought

to be possible to have other needed laws enacted. In relating instances of progress, I must not forget what my own State, New Jersey, is doing. We have not lost sight of the need for uniformitj'^, and

our 1915 legislature changed the weight per bushel of two agricultural products, so that both now conform with the standards established in adjoining States. The changes will eliminate the confusion

formerly existing. Competition will also be placed on a fairer and

firmer basis. Dealers affected by the changes in the law have

strongly approved of them. Uniformity in the weight of agricultural products in the laws of adjoining States is very important and

is a subject that should claim consideration from every State official

present at this conference.

In my remarks last year I drew attention to some of the rather

rmusual conditions then existent in this State ; this year it is pleasing

to me to be able to say that general conditions in New Jersey are

better than ever before. Our law is more thoroughly understood and

complied with, our officials are uniformly capable and courteous and

work harmoniously together, and the purchasing public generously

cooperates. Eeports to the state department from municipal and

county officials for the year of 1914 showed that more sealed equipment was in use, less equipment had been condemned and confiscated,

and that there were fewer prosecutions, with a consequent reduction

in the amount of fines imposed, in 1914 than any preceding year.

These are significant facts, and can be safely taken as an accurate

indication of what has been done and what is being done. Mentioning our activities brings to my mind a very important work we have

started on this year. We have started to inspect the scales and

weights used in the preparation of prescriptions in drug stores. Heretofore we have confined our efforts to counter equipment, which

was usually satisfactory. The present campaign, I think, is the first one of its kind to be instituted anywhere, and the results from the

preliminary inspection more than justify the continuation of the

work. I am familiar with the fact that our inspection of the standards will not result in any decrease or increase in the prices of pre-
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUBES. 31

scriptions, but it will mean that the purchaser will get all that is paid for. In addition, druggists will be certain of the accuracy of

the equipment they are using. In a vital case a difference of a few

grains might seriously hamper the ultimate outcome of a patient's

welfare. For that reason we are glad we have started on the work.

The larger cities of the State have already received attention, and the

smaller places will be given attention as soon as possible. It has been

found that many of the weights in use were short and that some

of the scales were not working as they should. Druggists who have

been visited are outspoken in praise of the movement and have

readily cooperated. Officials present desirous of learning more of the

drug-store inspection may do so by communicating with our department. Superintendents who have other equipment in good condition might well take up the drug work. It requires additional

equipment of a finer kind; the work itself is more careful and re- quires patience. It will be time well spent, and the public will be the

gainer.

NEW YORK.

By John F. Fabrell, State Superintendent of Weights and Measures.

Mr. Chairman and gentlemen of the conference, weights and measures in the State of New York is a vital, living issue, and the citizens

generally of the State have become peculiarly interested in the questions affecting not only weights and measures, but weighing and

measuring devices. The individual resident of the State of New

York has been saved thousands of dollars a year on account of the

work, not only of the State department but of the separate city and

county departments, which are under the general supervision of the

State department. The specifications and tolerances as promulgated

by the State department are observed generally throughout the State.

The Empire State is splendidly situated in that it has upon its

statute books the most advanced legislation covering weights and

measures of any State in the Union.

Chapter 81, Laws of 1912, known as the net-container law, has

been the forerunner of all laws covering the plain and conspicuous

marking of the net contents of containers. There was no law en- forced in this country which could be followed by New York State,

and of necessity there are some minor changes which should be made

before a report of its perfect working can be made. A report of

progress certainly does not cover the work done within the Empire

State.

The department of weights and measures of the State of New

York with the cooperation of the local officials under the wise laws of

the Empire State are correcting many abuses which have grown up

in the different trades and in the trade customs. The State superintendent has appeared before many exchanges and associations of

different kinds and has stated at such meetings the exact meaning of

the laws and the rulings of the department, and has succeeded in

procuring the cooperation of not alone the individuals but the asso- ciations themselves in the correcting of these abuses.

The department of weights and measures of the State of New

York is more of a department of commerce ; it acts as an intermediary
32 BUKEAU OF STAjSTDAEDS.

between the purchasing public and the sellers, and demands that substantial justice be doled out to both sides of the contract. What success the department has achieved is attributable to the experience

and enthusiasm of the individual members of the department and the

help and encouragement it has received from outside sources.

OHIO.

By Fred C. Albeecht, Chief Inspector of Weights and Measures.

Since the last annual conference Ohio has made excellent progress

in the work of the weights and measures department. Weighing

and measuring apparatus is more carefully inspected and tested

than ever before, with the result that conditions are greatly improved. The specifications and tolerances as drafted and submitted

by the committee and approved by the last conference have been

adopted by the agicultural commission of Ohio, and while we have

not been able to strictly enforce them, yet they have had the effect

of working a material improvement in the results obtained.

We have had no new legislation affecting the work of our department, but we have had some adverse decisions in the courts. The

sales-by-weight law, which provided for the sale of 94 different commodities by weight or numerical count, unless provision was made

by contract in writing to sell otherwise, was attacked in the courts

and carried through the supreme court, which held the law unconstitutional on the ground that the act placed an unreasonable and

burdensome obligation upon persons engaged in lawful business

and that it was an unwarranted exercise of police power. While

the decision was a great disappointment, yet many of the merchants

of the rural districts who discarded their measures when the law

was firet enacted have ignored the decision and are still selling by

weight, claiming it is the only fair and equitable basis on which to

do business.

We also have litigation pending against the law defining the

height and width of dry capacity measures. Favorable decisions

have been rendered in both the common pleas court and the court

of appeals, but the case has been carried to the supreme court, where

we are confident that the law will also be sustained. Both of these

cases were instituted by the market venders and street peddlers, who

are, as everyone knows, opposed to all restrictive laws against dishonest practices in weights and measures. We have 80 county and 25 city sealers at work in Ohio, only 8

counties having failed to appoint sealers. This, I believe, compares

favorably with other States, considering the time since the organization of the State department a little more than four years ago.

During the past year a total of all the weighing and measuring

devices sealed was 3,656,990.

The total of all the weighing and measuring devices adjusted and

repaired was 16,027.

The total of all the weighing and measuring devices condemned

was 380,625, and the grand total of all the weighing and measuring

devices inspected was 4.052,751.

In closing, permit me to mention the fact that now there are no

short berry baskets or boxes used in Ohio. This was a difficult
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUKES. 33

problem to deal with, as the growers and shippers claimed they had

ordered full quart and pint baskets and boxes, but that the manufacturers filled their orders with " snides " and " dinkies." Our

department took the matter up with the manufacturers, and after

some trouble made them understand that short baskets or boxes

would not be tolerated, and that if any were found on the markets

they would be confiscated and destroyed. We are glad to be able

to report that the manufacturers have complied with the regulation

and are now manufacturing only standard baskets or boxes.

OKLAHOMA.

By W. P. Haseman, Director of State Bureau of Standards.

A. STATUS OF WEIGHTS, MEASTIEES, AND TESTS IN OKLAHOMA.

1. Old existing laws provide nothing but weights for a limited

number of commodities in certain measures and packages.

2. County sheriffs are enforcing officers for weights and measures,

but there is no provision for standardization of their measuring.

3. New law passed this spring creates " State bureau of standards

of weights, measures, and tests and of methods of weighing, measuring, and testing " ; locates same at State university ; provides that

its word shall be the highest authority in the State; and provides

for its control by a board of directors of at least three faculty members of the university, appointed by the president of the university.

B. OEGANIZATION AND PLANS OF BtJEEAU.

1. The present board consists of: Director, W. P. Haseman, professor of physics; assistant director, H. V. Bozell, professor of electrical engineering; assistant director, W. J. Wohlenberg, assistant

professor of mechanical engineering.

2. This bureau has in contemplation the following work

a. Standardization of standard test meters for electrical operating

companies of the State under supervision of the State corporation

commission.

h. Standardization of electrolysis specification for railways.

c. Standardization of standard test weights and measures for general use under the general supervision of the State board of agriculture.

d. Standardization of standard test meters for gas and water distributing companies under supervision of the State corporation

commission.

e. Standardization of standard test apparatus for the determination

of the heating value of fuels and the refrigerating values of ice.

/. Formulation of rules and regulations governing methods of all tests over which this bureau has jurisdiction.

g. Investigation of the industrial conditions throughout the State

to enable this bureau to recommend industrial legislation which will

be of general benefit.

Ji. In its work the bureau hopes at all times to cooperate with and

receive the friendly counsel of the national bureau.

24309°—16 3
34 BUREAU OF STANDARDS.

OREGON.

By Feed G. Buchtel, Deputy State Sealer of Weights and Measures.

Several new laws in relation to weights and measures were passed

during the recent session of the legislature, and since the changes

made were both excellent and important ones a brief outline of them

may be of interest.

First: The machinery of enforcing the laws was changed by re- pealing the original act which required the appointment of county

sealers by the county courts in each county and substituting a lawproviding for the appointment of district sealers, each district to

be composed of a number of counties. This has proven beneficial in

many ways. Primarily it promotes efficiency, as the men devote all

their time to the work and naturally become more proficient ; secondarily, it allows of a more economical administration of the laws without the sacrifice of efficiency. In addition, the appointive power was

changed from the county court to the State sealer. This makes possible the selection of men fitted for this particular work, thereby

enabling the State office to exercise closer supervision over the field

work; and it places the responsibility of enforcement on one individual and in one office, thus eliminating that division of authority

which in the administration of any law frequently causes it to become

useless for the purposes for which it was passed.

Second : The State office was empowered to adopt such tolerances

and specifications as were recommended by the National Bureau of

Standards, and the same will be issued and placed in effect very

shortly, their adoption being important at this time, as they place

all purchasers upon an equal footing, and prevent the flooding of

the State with inferior or faultily-constructed apparatus, the sale

of which has been legislated against elsewhere.

Third: The dry measure as a means of determining quantities was

abolished, and all commodities heretofore commonly sold by dry

measure must hereafter be sold upon the basis of net weight or by

numerical count. This section is a step in advanced legislation, is

for the protection of purchasers generally, and will enable the merchants to deliver correct amounts, which is practically impossible

where a capacity measure is used to estimate the quantity of dry

commodities.

Fourth : The berry boxes were standardized, following the suggestions of the conference, with the exception of the " half-pint box,"

which was not included, as apparent^ there was no particular necessity for it in our State. The principal object to be obtained by the

standardization of boxes is the elimination of the unnecessary ones,

so as to enable the purchasers to more easily determine what they

are buying.

In general : The sale of wool, coal, and ice was regulated, a re- quirement being that in all sales of these commodities, a definite

statement be made as to the amount or quantity delivered ; a standard sack of potatoes of 100 pounds was provided for; the sale of

oysters was regulated by limiting the amount of water that can be

included in the container; and the sale of various other commodities were regulated, as well as improvements made in the wording of

many sections with the end in view of clarifying the meaning, pro-
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 35

tecting the consumer, and safeguarding the intei-ests of the business

men.

In conchision : While Oregon has only taken up this work of late,

the State office being established in 1913, it is apparent that the efforts to better conditions are appreciated by the public generally, and

much good has been accomplished. There is a noticeable effort made

on the part of the business houses to comply with the laws by a

careful handling of the commodities sold, and on the part of the

purchasers to adopt the business-like method of ordering in specific

amounts. This, in my opinion, is one of the greatest advantages

gained by the establishment of a department of weights and measures, since the education of the general public (consumer and merchant), taken in conjunction with the primary work of the office in

testing the equipment, insures the success of the department along

the lines for which it was created.

PENNSYI>VANIA.

By James Sweeney, Chief of the State Bureau of Standards.

Pennsylvania had been without any weight-and-measure laws for

probably half a century until the act establishing a bureau of standards had been approved—June, 1911. The act directed the appointment of a chief of the bureau, whose duty it would be to have custody

of the State standards of weights and measures, to compare, test, and

regulate weighing and measuring devices of county and city inspectors of weights and measures. The act did not vest the chief of the

bureau with any further authority.

The legislature of 1911 also enacted legislation authorizing the

seTeral cities and counties to appoint such number of competent per- sons as inspectors of weights and measures as was deemed proper

to protect the people from the use of false weights and measures. The amended act of 1913 makes it mandatory upon counties and

cities to appoint one or more persons as inspectors of weights and

measures. It also fixes a tenure of office and prohibits the removal of

any inspector except for inefficiency or incapacity. Where the inspector is charged with any violation of the law, he must be furnished with a written statement of the charges, and can not be re- moved until the charges are investigated by the appointing power.

The law requires that the inspector shall have reasonable notice of

the hearing, and may be represented by counsel, and is permitted to

oflFer any testimony or produce any witnesses which he believes to

be necessary in his behalf.

The legislature of 1913 enacted the first commodity law ever placed on the Pennsylvania statutes. Previous to the passage of this

act the State of Pennsylvania had a standard weight per bushel for

but 17 of the various commodities. The act of 1913 establishes a standard weight per bushel for 81 commodities. Wherever any of

the commodities named in the act of assembly are sold by the subdivisions of the bushel, the subdivisions must contain the fractional

number of pounds as fixed by law for the bushel.

This act also directs the chief of the bureau of standards to establish a tolerance on goods that are sold in package form which are
36 BUREAU OF STANDARDS.

subject to losses through shrinkage or evaporation. It also directs

the chief to fix exemptions on small packages.

The provisions of the act require that where commodities are sold

in containers the net quantity of the contents shall be clearly and

plainly marked on the outside of the container in terms of weight,

measure, or numerical count.

The legislature of 1915 has amended the commodities act by establishing a standard basket or tray. These baskets or trays are designated as the standard pony basket, the standard basket, the standard jumbo basket, and the standard tray. Those baskets have cer- tain dimensions. Wherever the baskets are used in the sale of vegetables and fruits and contain the dimensions named in the act, it will not be necessary to mark or brand them in any way to indicate

the quantity of their contents.

The act provides that in determining the dimensions of the standard baskets the measurements must be taken on the inside of the

basket, except as to the standard tray. The act specifies the size of

the material which shall be used in the manufacture of the standard tray. The measurements to determine the dimensions of the tray

are taken from the outside.

The law is also amended to read that whenever vegetables or fruits are sold in quart baskets or boxes, or quart containers of any kind,

the cubical contents of such boxes or containers shall be 67i cubic

inches. If this standard quart box is used the law does not require

that it shall be marked to indicate the quantity of the contents. All

other containers, baskets, or boxes that may be used in the sale of

commodities, not having the dimensions as specified in the act, are required to have marked thereon th& net quantity of the contents.

It being a recognized fact that it is the duty of the State to safeguard the people's rights by the enactment of legislation that will

guarantee to them that they are secured protection in their dealings

with those whose desire for increased profits would cause them to

resort to the practice of giving short weight and measure, the enactment of the weights and measures law in Pennsylvania has been the

means of securing to the consumer the full quantity of his purchase.

It has been demonstrated that this law not only protects the con- sumer, but protects the honest merchant from the competition which

he encountered from the dishonest merchant, and, as a result, we have

had the cooperation of the merchants and their organizations in the

enforcement of the provisions of the law.

RHODE ISLAND.

By William F. Goodwin, State Sealer of Weights and Measures.

Mr. President, my report will be very brief. I will say the sealing

laws in our State are being carried out as in years past with the

usual results. We have had no serious troubles or complaints which

were not adjusted to the satisfaction of all parties concerned. I

recogTiize the fact that better results could have been had if the financial conditions were such as to enable the State sealer to give more

attention to the subject. We are all using great economy at the present time to reduce expenses, and Rhode Island is no exception to this

rule. We have had very few prosecutions for vialations of the seal-
TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES. 37

ing laws, and I think that fact shows the merchants realize the importance of having their apparatus tested and corrected by officials

appointed for this purpose.

We have not made any great changes in our sealing laws, and, with

the exception of an amendment regarding the giving of short weight

and measure and amending our laws for the sale of milk, nothing

further has been done. We are waiting for the Federal laws being

formulated by the Bureau of Standards and these conferences as represented by the several States so that we can adopt them when

they become laws. This matter is a very slow process, judging from

the conditions in our own State, and I realize the fact we will have

to be patient and all use our best endeavors to encourage our representatives in Congress to render their aid and assistance to these

measures at the proper time.

I am very proud in saying the governor of our State is greatly

interested in our work, and after explaining the object of these conferences decided we ought to be represented here ; and I can assure you it is a great pleasure and honor I have in representing Rhode

Island on this occasion and to greet the officers of the Bureau of

Standards and representatives of the sealing interests of the several

States of our great Nation. I earnestly hope that our work will be

such as to warrant its enactment by the Federal Government, and

we will in the near future be able to adopt a Federal law that will

bring uniformity in weights and measures to all the States.

I thank you for the kind attention.

SOUTH CAROLINA.

By E. J. Watson, Commissioner Department of Agriculture, Commerce, and

Industries.

Mr. Chairman and gentlemen, I beg to advise that the efforts of

this State so far toward enforcing the inadequate State law relating

to weights and measures have been confined by the inspection force

of this department to tests of scales and to testing the weights of

such generally used commodities as flour, corn meal, mixed feeds,

and produce. Our principal activity has been in the matter of

weights of flour and meal, and we have been so persistent in that

regard that we have almost run the short-weight man out of the

markets in this State. We have had many cases, and in every instance have stopped the sale of the consignment, requiring that each

sack be brought to full weight before releasing the goods and permitting them to go to the consumer. This method has been effective

without having to resort to prosecutions, which, of course, could

not have been instituted under any circumstances, owing to the fact

that the shippers in more than 90 per cent of the cases were interstate shippers.

UTAH.

By Hebee C. Smith, State Sealer of Weights and Measures.

Prior to the year 1911 the State auditor was ex officio sealer of

weights and measures for the State of Utah. However, very little

work, if any, was done under the provisions of the law as it stood
88 BUREAU OF STANDARDS.

at that time. In 1911 the State legislature made some few changes

in the law and placed the supervision of weights and measures under

the State dairy and food department. The law, however, was a very

unsatisfactory one, as it provided for the condemnation of incorrect

weights and measures but made no provision for the disposition of same. This law also carried with it the foolish and embarrassing fee

system.

In the fall of 1914 the United States Bureau of Standards

worked in connection with the commissioner of the dairy and food

department and a bill was drafted, patterned somewhat after the

model State law approved by that bureau. According to this new

law, the dairy and food commissioner is ex officio sealer of weights

and measures. It is also provided that each city with more than

25,000 inhabitants shall have a sealer of weights and measures, whose

duty it is to enforce the State law, and such cities are to equip such

departments with all the office and field standards that are necessary

to fully carry out the provisions of the State law.

At the present time, however, I am not entirely pleased with some

provisions of our new law, such, for instance, as the adopting of

the United States standards of weights and measures, especially as they pertain to bushels, half bushels, and pecks, and then prohibiting

the sale by bushels, half bushels, and pecks, in that our law provides

that every commodity sold in package form must contain the number

of pounds and ounces contained in said package. Further, we have

no standard as to the contents of bushels, half bushels, and pecks.

Therefore, at the present time we are having a great deal of diffi- culty with the farmers and produce men in obtaining a strict compli- ance with the requirements of the law that each container must be

marked with the net contents as to pounds and ounces. It seems

almost impossible to stop them from selling by the bushel, half bushel,

peck, etc., as the custom has been heretofore.

As our law pertains to the testing, sealing, and condemnation of

weights and measures, we think we are provided with a means of

getting rid of those weights and measures that are not susceptible

of repair, as 10 days time is stipulated for the proper repairing of

condemned scales, after which time, by confiscation they become

State property. About 10 per cent of the scales that were in use heretofore have been found not susceptible of repair, and therefore are being gathered in by the inspectors of this department.

The new bill provides for the selling of butter, renovated butter,

and oleomargarine in standard-sized packages of one-fourth pound,

one-half pound, 1 pound, 1-| pounds, and multiples of 1 poimd, thus

clearing up a condition that heretofore existed in the butter trade,

which was the grounds for many bitter controversies and resulted

in considerable ill feelings. We attribute the indefinite law which

we had to be responsible for the former condition in weights, but

at present all butter dealers are on the same basis, and most are putting up their product in standard-sized packages.

We have experienced considerable difficulty with the A'endors sell- ing berries and small fruits in containers which did not have a definite standard, and.Avhich made competition very keen to the

public's detriment. Under our new law, berries and small fruits
TEISTTH ANNUAL CONFEKENCE ON WEIGHTS AND MEASURES. 39

must be sold in standard-sized containers of 1 quart and 1 pint

capacity, the quart having a capacitj^ of 67.2 cubic inches and the

pint a capacity of 33.6 cubic inches, the quart containing not less than

21 ounces and the pint containing not less than 10.5 ounces, standard

dry measure. Also, all bread must now be sold as to net weight, with

a label attached to each loaf, designating the net weight.

We have found this law to be a very great improvement over our

old law, and a great deal of good is being accomplished in assuring

the public of moi'e protection in obtaining proper weights and also

ridding the market—as stated before—of weights and measures

which are not susceptible of correction or repair. However, as we

operate under this law, faulty points present themselves, which we

hope to correct at the next session of the legislature, but in the main

we consider the weights and measures law which we have to be a splendid beginning, and we anticipate that a great deal of good will

result, not only to the consuming public, but to producers of food

products.

VERMONT.

By Hugh H. Henet, iitate Commissioner of Weights and Measures.

I regret that I am forced to report little of interest. An attack

upon the department of weights and measures similar to that made

in several of the States was made in Yermo-nt, and as this took the

shape of three different pie.ces of legislation it occupied two-thirds

of the time of the session, and it was impossible to formulate and

have enacted any new legislation of account. However, I am happy

to report that in spite of the fact that evei'y effort was made by the

opposition they were without success, the department was sustained,

and neither the department nor the law was weakened in any re- spect at the last session. There were so many and so persistent at- tacks made in the various States that I think best to call this to

the attention of the conference, for it seems apparent that this general attack upon honest weights and measures throughout the country, as evidenced in the various States, is more than a coincidence.

I can honestly say that the inspections of the last j'ear throughout

the State show a marked improvement in condition of apparatus.

Since scales, weights, measures, and other apparatus are in use continuously, there must necessarily be constant^ a large per cent of

condenmations, but we found during the last year that the percentages of error averaged very small, and at this time practically

all the apparatus has been made to conform to the regulations of

this department.

During the past year we have received little evidence of so-called

short weighing, but I wish to say that our law discouraging this

practice is so weak that it is practically useless, since the State is

forced to prove intent to defraud in order to obtain convictions.

This change was made by the legislature of 1912, and it was impossible to have that clause stricken out at the last session. I mention

this provision to warn others to guard against the insertion of any

such clause in their laws.
40 BUREAU OF STANDARDS.

VIRGINIA.

By JoHx W. RicHABDsoN, state Superintendent of Weights and Measures.

Since the ninth annual conference was held no material changes

have taken place in this State, except that one or two county sealers

have been appointed, and outfits furnished them through my office. At that conference I outlined what efforts had been made to have

enacted new laws based on the model law indorsed by the national

association, which outlines can be found on pages 146-14:7 of the

report of the ninth conference, held at the Bureau of Standards May

26 and 29, inclusive, 1914.

, , _ , The law under which Virginia is now operating is in the main inadequate and falls far below the point of present needs, and I am

again at work making stronger and simplifying the bill I presented

to our general assembly at its last regular session held in January

and February. 1914, and with the aid I hope to get from the combined

wisdom of this annual conference, I expect to have enacted by our

next general assembly, which convenes in January, 1916, on the

second Wednesday, a law that will cover every emergency, and put

in motion an up-to-date system in our weighing and measuring department of this State.

To this end I will have the assistance of the head of the State

legislative reference bureau and leading members of the general

assembly.

WASHINGTON.

By I. M. Howell, State Superintendent of Weights and Measures.

Practically three years have elapsed since the weights and measures

law of this State went into elfect. and while, generally speaking, a great deal has been accomplished, I feel that much more could have

been done and much time and money saved had the whole matter

been placed directly under State control. I believe that supervision

by the State, unless accompanied with express power to hire and

fire, is a mistake, and would suggest that the Bureau of Standards

make some arrangements to assist the States at the next session of

the legislature to eliminate county officials from all weights and

measures work.

In this State, and I presume the same is true in others where

countv officials are made ex officio sealers of their county, we have

found it practically impossible to keep the deputy out of politics,

and we have found further that in some counties the deputy is prevented from following the instructions issued by the State on account

of the effect it might have on some particular man in this county.

The effect has been that the elimination of some particular type of

scale in one county has caused the scale salesmen to take them out of

that county and move to a county where the rules are less rigidly

enforced. Again, there are a number of small counties that have little

work, and the auditor or his deputy makes a hurried test of the

scales in the county, technically carrying out the provisions of the

law, but in reality doing the work an injustice by making it a farce.

We are now working very hard to effect certain combinations of

counties which will provide a sealer with work the year round, and
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 41

will give him sufficient territory so that the cost per county will be

small and the benefits derived will be in excess of the cost of operation. In some cases these combinations will embrace six counties,

and all told the number of deputies will not exceed 12 in number

where we now have about 39.

The last session of the legislature made no changes in the law,

though we tried hard to bring the railroads and other common

carriers under the same provisions as the vendor.

A number of convictions have been had in the State within the

yeax', several of which were against the ice companies for failure

to weigh the ice at time of delivery. An appeal was taken from

the lower court to the superior court on the question of the constitutionality of the act, but the court sustained the lower tribunal

and held the act constitutional.

Several appeals have also been taken by the packers after being

convicted of failure to sell net weight, but the supreme court has not

yet passed on the question. They are still insisting on including the

weight of the paper, which is about 5 ovmces to the package, in the

weight of the ham or bacon.

We have recently been called upon to investigate the sale of

toilet paper to State institutions, and found that the paper sold as 1,000 sheets to the roll contained approximately 685 sheets, or about 31^ per cent short. The company was notified, and a check for

approximately $300 was turned into the treasury of the State.

A " get-together " meeting was called early in the year at North

Yakima, and a large number of sealers and deputies were present.

We held sessions from 8 a. m. till 10 p. m. for three consecutive days,

during which time a number of matters were taken up, including the

specifications and tolerances adopted at the national convention.

These were for the most part accepted.

One of the worst features of our law, and tlie one that has done

more for the grower and less for tlijs consumer than any other, is

the berry-box law. We adopted the dry pint and dry quart as the

standard for berries, and the result has not proven satisfactory.

Prior to the passage of this law we had in this State the pint and a half box, and practically all berries were sold in that manner. Since

the passage of the law, however, nothing but pint boxes have been

seen in the markets, and the price has remained the same as for the

larger sizes.

.

This State is going to meet with the adjacent States of Oregon,

Idaho, and California in the near future, and endeavor to agree on

a standard for berry boxes as well as a systematic handling of weights

and measures matters generally.

WEST VIRGINIA.

By J. H. Nightingale, State Commissioner of Weights and Measures.

Gentlemen, the State Legislature of West Virginia at its last regular session passed a modern weights and measures law. The law

which was passed is for the most part the model law suggested by

this conference. The State commissioner of labor is made ex officio

State sealer of weights and measures. The director of the physical
42 BUREAU OF STANDARDS.

laboratory of the State university is ex officio assistant superintendent of weights and measures. Two traveling inspectors are also

provided for in the law. The law contemplates that the scientific

work of the bureau shall be in the hands of the assistant superintendent. The operation and enforcement of the law shall be particularly in the hands of the superintendent and his two deputies.

It is hoped that the State supervision of weights and measures will

be taken up in a very short time and a modern law enforced in our

State. The representatives from our State are therefore very much

interested in this conference, and we hope to carry back many practical suggestions that will help us in the enforcement of this law.

WISCONSIN.

By Fred P. Downing, Chief State Inspector of Weights and Measures.

Mr. Chairman and gentlemen, the Wisconsin State department of

weights and measures is affiliated with the dairy and food commission. We have eight sealers of weights and measures who are equipped to test everything from a prescription balance to a 10-ton

wagon scale. These men are also required to do sanitary work in

grocery stores and meat markets. The eight creamery and cheesefactory inspectors are required to do the testing of the scales and

Babcock glassware in the 3,000 creameries and cheese factories of

the State.

A number of important changes have been made in the Wisconsin

statutes relating to weights and measures, and a report of this legislation will undoubtedly be of more interest to the members of this

gathering than any summary I could make of the work we are doing.

Standard containers have been provided for the sale of fruits

and vegetables of the capacity of 1, 2, 3, 4, 5, 6, 8, 16, and 24 quarts.

Nonstandard containers must be marked in terms of weight, measure,

or count.

The Wisconsin milk-bottle law has been amended so as to permit

the use of bottles in which the milk or cream is pasteurized. These

bottles are made sufficiently large to permit of the expansion of the

contents in the process of heating.

The delegates present 'who come from States in which the dairy

industry is important will be particularly interested in the law

which places the manufacturers of Babcock milk and cream test bottles and milk pipettes under a bond of $1,000 to make their appli- ances in conformance with the regulations prescribed by the State

superintendent of weights and measures. The law is quite similar to

the milk-bottle law, but it is entering a new field inasmuch as it is an

attempt to make the manufacturer of precision glassware responsible for its accuracy. The passage of this law will relieve the department of an enormous amount of testing inasmuch as only occasional

tests of bottles and pipettes will then be required of sealers.

The powers of the sealer of weights and measures have been ex- tended so as to include jurisdiction over weighing or measuring

appliances kept, offered or exposed for sale or sold. This gives the

sealer the power to inspect new appliances and under the provisions

of this act we intend to rid the State of many of the cheaper and

improperly constructed scales and measures.
TENTH ANNUAL CONFEKENCE ON WEIGHTS AND MEASURES. 43

The State superintendent oi' weights and measures under the old

law was given the right to m^^ke rules and regulations and to prescribe tolerances. This law Ixas been amended giving the State

superintendent of weights and measures the authority to make rea- sonable regulations regarding the varieties or kinds of devices, at- tachments or parts entering into the construction or installation of

weights and measures or weighing or measuring appliances which

shall have for their object the tendency to secure correct results in the

use of such appliances. Sealers of weights and measures are instructed under the terms of this law not only to seal weights and

measures that are correct, but to refuse to seal any that are not in

compliance with the regulations issued by the State superintendent

of weights and measures.

REPOKTS SUBMITTED BY CITY DELEGATES.

CHICAGO, ILL.

By William F. Cltjett, Chief Deputy Inspector of Weights and Measures.

I will not take up much time in telling what Chicago is doing in

the testing and inspection of scales and measures, and the enforcing

of weights and measures ordinances, but will give you just a brief

outline of the work done.

The department consists of the inspector of weights and measures,

a chief deputy, 24 deputy inspectors, and 1 taximeter inspector. We

have to examine and test all of the scales and measures, taximeters,

etc., in use in the city once annually, except taximeters and scales

of a capacity of 3 tons or more, which must be inspected once in every

six months; we must also see that correct scales and measures are used correctly. We liaA^e a territory of about 200 square miles to

cover, and when I say that we have a man's size job on our hands to cover it in the specified time with the force we have to do it with,

I am simply stating the truth. During 1914 we inspected 106,937

scales and measures. This total does not include weights, since we do

not keep track of the number of loose weights tested but test whatever number of weights each scale has in addition to the scale itself.

Of this number we condemned 22,833 scales and measures. In order

to disabuse your minds of the idea that Chicago must be an extra

wicked city or that its dealers are exceptionally dishonest, I will

state that 6,061 scales and 15,028 measures, making a total of 21,089

scales and measures were condemned because they did not complv

with the new specifications and tolerances, which were put into

effect January 5, 1914, and only 1,744 pieces were condemned because

they were inaccurate. We made reweighings and remeasurings of deliveries made by peddlers, coal dealers, hay and feed dealers, building-material dealers, wood dealers, ice dealers, etc., and also in stores

and places of business where we made purchases in 10,228 different

instances. We had 291 cases in court in which fines amounting to

$5,957 and costs Avere imposed, and we placed on file after giving a warning about 700 others Avliere the violations were technical, small

or an apparently reasonable excuse was given for the violation. We

have had several new ordinances passed and also some amendments

to our old ordinances.
44 BUKEAU OF STANDARDS.

One of the new ordinances relates to the mixing of coal and proA^des that where coal of two or more grades or qualities is delivered in the same load the delivery ticket must show the proportion

or amount of each grade so delivered under a penalty of not less

than $25 nor more than $200 for each oifense. The department

pursued the short-weight coal man so strenuously that he found it decidedly unprofitable to short weight, so in order to be able to

undersell his honest competitor he resorted to the mixing of inferior

grades of coal with coal of a better quality. Hence this new ordi- nance. We also had an ordinance passed regulating the sale and delivery

of crushed stone, bank sand, torpedo sand, and gi'avel. It had been

the custom to sell this material by the cubic yard and deliver by

wagon-load lots. The gravel roofers and building contractors appealed to us to help them to get what they were paying for. They

said that this material was being delivered to them in wagons of

such different shapes and capacities that it would take a civil engi- neer to figure them out. We immediately proposed that we draw

an ordinance compelling the sale of this material in wagon-load lots or amounts less than wagon-load lots to be by standard avoirdupois

weight in the absence of a contract in writing to the contrary. We

suggested that there might be some difference if the material had an

extra amount of moisture in it, and they agreed they would be better

able to protect themselves if this material was sold to them on a weight basis than they would under the measurement basis even if

there was some moisture with it. The ordinance as passed compels

the sale of this material in wagon-load lots or in amoimts less than

wagon-load lots, in the absence of a contract in writing to the contrary, to be by standard avoirdupois weight, and it also provides

that a ticket showing the net weight of the load must be delivered

by the driver in charge of the wagon or conveyance at the time of

the deliver}^ of the material, and whenever the purchaser shall

request that the weight be verified it shall thereupon become the

duty of the driver to go forthwith to nearest scale in the neighborhood and reweigh the load.

Our taximeter ordinance, after being before the judiciary committee for over a year and after numerous hearings of all persons

concerned, was redrafted and the rates of fare were reduced, and all

public vehicles using the public cab and hack stands or the public

streets for the purpose of carrying persons for hire or reward were

required to be equipped with a taximeter.

Our ordinance compelling the sale of fruits and vegetables to be

by standard avoirdupois net weight or by numerical count in the

alDsence of a contract or agreement in writing to the contrary, and

which exempted goods in " original packages," was amended so as

to specifically exclude berries, cherries, currants, and other small

fruits coming imder "original-package" exemption. We have a

special ordinance that governs the sale of berries, cherries, currants,

and other small fruits that requires them to be sold, if in baskets or other receptacles, by standard pint or quart dry measure, or if in

bulk by standard avoirdupois net weight. This amendment was

made necessary because of a ruling by our courts in some suits we

brought against dealers for selling berries in boxes not of the standard dry pint or quart sizes. The defendants' attorneys contended
TENTH ANNUAL CONFEKENCE ON WEIGHTS AND MEASURES. 45

that the berries were sold in the "original packages," and even though we had a special ordinance governing the sale of berries our

ordinance compelling the sale of fruits and vegetables to be by

weight or numerical count exempted fruits and vegetables if sold

in " original packages," and therefore we could not recover because

the berries were sold in " original packages."

The court held that there was a conflict in the ordinances and

discharged the defendants, so in order to clear up the ordinances

this amendment was passed. We also had an amendment to our

ordinances passed providing that the inspector of weights and measures should provide a table of specifications and tolerances for weighing and measuring apparatus in the city of Chicago in conformity

with that approved by the National Bureau of Standards.

INDIANAPOLIS, IND.

By Hekman F. Adam, Inspector of Weights and Measures.

Mr. Chairman and gentlemen, I represent the city of Indianapolis,

and wish to express my appreciation for being sent here by our honorable mayor, Joseph E. Bell, and members of the board of public

safety of Indianapolis, who are men very much interes-ted in honest

weights and measures and who understand the vast importance of

having their inspector here among men whose work is highly technical and a school of instruction of great value.

In submitting my report for Indianapolis, I wish to state briefly as to conditions prevailing in our city. During the State convention,

February 9, 10, and 11, 1915, arrangements were made with one of

our large department stores allowing the use of their window, where

I had on exhibition a large collection of incorrect scales, weights,

and measures that had been condemned. These demonstrated to the

purchasing public just what the work of the weights and measures

department is, and also showed how the inspectors are trying to protect the people. This had a far-reaching effect on the delegates as- sembled, and the same idea is being carried out throughout the State

where they have a county or city sealer. There have been several

other improvements established; the fee system has been abolished;

a branch office has been opened at the market house, which has been

of great benefit to the people ; a card system, showing the date and

time of inspection and of any irregularities, has been installed. The

force has been increased by three deputies, who dO' detective work

and answer complaints.

The department has taken up the measuring of gravel and sand

wagon beds and found they were varying from 26 to 40^ cubic feet.

Particular attention has been paid to this, and after a thorough investigation we find where the sand or gravel is delivered to a contractor that the foreman on the job measures the sand or gravel and

the contractor pays for what is delivered. A standard load of gravel

is 1^ yards or 40^ cubic feet. The abuse of short measure is often

practiced when a party will buy a " load " of sand or gravel for personal use and is not familiar with the measurements. Considerable

publicity has been given to this, and I feel it has had its effect.

Conditions in Indianapolis are good. With a constant watch on

the iceman and vegetable peddler, faulty ice scales and short measures have been practically eliminated. The iceman is weighing his
46 BTJRBAT7 OP STANDARDS.

ice for all private consumers, and on failure to comply with the ordinance arrest will follow, and the penalty is as severe as for short

weight. During the year of 1914 there were 47 arrests made as compared with 29 arrests for 1913. The average penalty imposed was

$10 and costs, amounting to $'20 for each conviction.

During the year 1914, 22,176 inspections were made as compared

with 15,212 for 1913; 15,411 scales, weights, and measures were inspected and approved ; 3,632 places visited ; 302 scales confiscated and

condemned; and 619 measures confiscated.

A city ordinance is being drafted compelling the merchants and

the peddlers to weigh all dry commodities. This will eliminate the

stacking of measures with apples, peaches, potatoes, etc. Complications have arisen on several occasions in regard to weighing potatoes.

Now, the question has come up on several occasions: Shall the merchant weigh or shall he measure potatoes? I say he shall weigh potatoes. Why? Because he buys them by weight and why shall he

not sell them by weight ? He will say : " You have sealed my peck

measure, my one-half bushel measure, and my bushel measure with

your official seal, why can't I sell potatoes by measure?" I will an- swer : " True, your measures comply with the specifications of the

law, however, these measures were not sealed to measure potatoes, but

were sealed to protect the buyer of other commodities that are to

be sold by measure." For a specific instance we had on exhibition

at the recent State fair two peck measures filled with potatoes. One

was filled by measure and weighed only 12f pounds, the other was

filled by weight it was heaped up high with potatoes and it barely

weighed 15 pounds. So you can readily see that on 1 bushel of potatoes, when not weighed, the merchant gains 9 pounds to a bushel, or 21 pounds on a bag containing 2^ bushels, or 150 pounds, which

is equivalent to nearly 1^ pecks of potatoes, or 25 cents in cash, when

potatoes are selling at the rate of 65 cents per bushel. Another instance is the stacliing of apples and peaches, which has confronted

this department on several occasions. We have come in contact with

merchants who will sell peaches in butter dishes. Now, a butter

dish, when properly filled, should hold all the way from 12 to 15

peaches, but with the stacking process, which they use, they would

have from 9 to 10 peaches in a dish, showing that the consumer was

defrauded out of at least one-third of the commodity he was entitled to. We had many of these instances confront us during the

different seasons, and it keeps our men on the alert constantly trying

to eliminate this practice. With the hope of awakening a new spirit of

responsibility on the part of both the merchant and the purchaser,

and with the indorsement and cooperation of the Indianapolis Business Men's Association, which has the welfare of this community at

heart, I respectfully recommended that this ordinance be introduced

and passed by the city council of Indianapolis, to the effect that all

dry commodities shall and must be weighed. This would eliminate

the stacking of measures of which we have so much complaint.

REPORT OF THE SECRETARY, L. A. FISCHER, CHIEF, DIVISION OF

WEIGHTS AND MEASURES, BUREAU OF STANDARDS.

Your secretary very much regrets that duties in connection with

the Panama-Pacific International Exposition, at San Francisco,

which could not be deferred or delegated, compelled him to be absent
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 47

from Washington at the time set for the conference. It has always

been a great pleasure for him to meet with the delegates, and his

inability to do so in this instance causes him keen disappointment.

At the last conference, the committee on tolerances and specifications was given authority to reword the tolerances and specifications

without changing their meaning, and the committee promptly set about carrying out the instructions of the conference. After care- fully studying the subject, the committee found it highly desirable

and necessary to make amendments involving some changes in the

meaning of the original tolerances and specifications. The committee, therefore, decided to make such changes as appeared to be

clearly necessary and to submit them to the conference.

The consideration of this matter naturally delayed the report being sent to the printer. Moreover, considerable delay was experienced in getting the report through the Government Printing Office

after it had left our hands.

It was found necessary, on account of the lack of available space,

to dispense with the manufacturers' exhibit of weighing and measuring apparatus at the present conference. It is regretted that this is

the case, because the exhibits, which have been a feature of the past

two conferences, have been a great benefit to the delegates, and, at the

same time, they have been of value to the manufacturers. It is

not the intention, however, permanently to abandon these exhibits,

but they will be held again as soon as it becomes practicable to do so. A matter of a great deal of importance to this conference and one

in which weights and measures officials and various associations and

individuals who worked for its passage may justly feel proud is the

act of March 4, 1915, establishing a standard barrel for fruits, vegetables and other dry commodities, and a standard barrel for cranberries. This is the first mandatory act establishing a standard for

general use which has been passed by Congress under the authority

conferred upon it by the Constitution of the United States. The

weights and measures movement is greatly indebted to the introducer

of this bill, Hon. William E. Tuttle, of New Jersey, for his untiring

energy in its behalf, and also to Senator Weeks for his invaluable

assistance in securing its passage through the Senate. Wlaile the act

does not represent everything that could be desired, from the viewpoint of a weights and measures official, it is a forward step of vast

importance to weights and measures work. As a paper is to be presented on this subject it is unnecessary for me to say anything further

regarding it. At no time in the history of the association has the need for its

service been greater. Within the space of a few years there has

grown up a widespread demand for weights and measures inspection,

extending to practically every part of the country; and wdth this

demand for inspection comes also the demand for proper laws and

ordinances, tolerances, and specifications for apparatus, and the most

approved methods of inspection. Since the number of inspectors

employed now is greater than ever before, the need along these lines

is greater. The annual conference on weights and measures is the

natural gathering at which these matters should be discussed and

matured conclusions reached. It is therefore important that the

members of this conference should put forth their greatest efforts

during this constructive period of the weights and measures move-
48 BUREAU OF STANDARDS.

ment and make the actions taken at these early conferences combine

experience, ripened thought, and sound judgment, so that they will

stand the test of time and make efficient the departments adopting

them and thus make sure the successful progress of this important

work. It is to be presumed that any cause, however important and

necessarj^ to the welfare of the people it may be, is sure to meet with

opposition and even to have enemies who seek to destroy it for personal ends. It is also a natural consequence that reaction to a greater or lesser extent should follow very rapid growth in any line of work

that such reactions have taken place in the past may be inferred from

the provisions in the constitutions of Alabama, California, and Pennsylvania, which prohibited creation of any State office for the inspection or measuring of any merchandise, manufacture, or commodity,

but this authority was reposed in the county and municipality. Happily this provision was stricken out of the California constitution by a referendum vote of the people.

• At the recent sessions of the various State legislatures bills were

introduced in several States having for their objects the abolishment

of weights and measures inspection work, the transfer of the work to a subordinate position in some other department, such as agriculture or pure-food commissions, or the crippling of the work by providing

inadequate appropriations. Bills of this kind were introduced in

Minnesota, New York, Oregon, and Vermont. The general argument relied upon to assist the passage of all these bills was that of

economy.

The bureau opposed the legislation in each case not because it is

opposed to the agricultural or pure-food commissions but because

it is believed that the weights-and-measures work is of such importance that it should not be subordinated to the work of any other

department, but should be independent of them, and directly responsible to the chief executive. The bureau evinced its opposition by

accepting invitation of the State officials to send a representative to

appear before the legislative committees having these bills under

consideration or by the preparation of arguments showing the inadvisability of such a transfer on account of the lessened efficiency.

The proposed changes were also opposed on the ground that no

economy would result from such a change. We are glad to say that

every such attempt to weaken the departments was unsuccessful.

A bureau representative also appeared before the legislative committees in favor of a bill to establish a State department in New

Hampshire.

Several States enacted excellent laws, which either inaugurated the

work or supplemented laws already in force in the States. Notably

among these may be mentioned California, Minnesota, Oklahoma,

Oregon, Utah, and West Virginia.

Last fall, at the request of the superintendent of weights and

measures of the State of California, a representative of this bureau

visited that State and spent some time working in cooperation with

him in putting the new State law into effect. At the same time the

Sates of Minnesota, Montana, Washington, Oregon, Arizona, and

Utah were visited and various matters of interest and importance

were taken up.

During the year the bureau has been represented at State confer- ences in Massachusetts, Pennsylvania, Michigan, and New York.
TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES. 49

The large amount of work necessary to successfully arrange a con- ference of this kind must be apparent to everyone present, and to

do this with a clerical force which is inadequate to meet the everyday

demands of the division to which the conference work falls is a task

quite impossible of accomplishment without leaving some things un- done which might well have been attended to. If anything of this

nature affected anyone present, it is hoped allowance will be made.

There were sent out letters aggregating hundreds of pages of typewriting, 2,800 circular letters, and the same number of printed an- nouncements, besides replies to a large number of letters received

from delegates and others concerned.

The Chairman. Gentlemen, you have heard the secretary's report

;

what is your pleasure ? Mr. Albrecht. Mr. Chairman, I move that the report of the Secretary be accepted.

(The motion was seconded and agreed to.)

(Thereupon, at 12.45 o'clock p. m., a recess was taken for luncheon.)

24309°—16 i
SECOND SESSION (AFTERNOON OF TUESDAY, MAY 25,

1915).

The conference reassembled at 2.30 o'clock p. m. The Chairman, If we had known that the weather was going to

be so pleasant I think we ought to have had an open-air meeting on

the lawn. Since the meeting this morning I have learned that we

have with lis a gentleman from the internal-revenue department of

the Philippines, who has the administration of the weights and measures laws, and I am going to task him to say a word or two to us as to

what they are doing in the Philippines. I take pleasure in introducing Mr. James J. Eafferty.

KEMARKS BY JAMES J. RAFFEHTY, COLLECTOR OF INTEEHAL EEVENTJE

FOR THE PHILIPPINE ISLANDS.

Mr. Chairman and gentlemen of the conference, strictly speaking,

I am not, as most of you seem to be, a weights and measures man.

The bureau of internal revenue of the Philippine Islands, over which

I have control, has charge, among many other things, of the weights

and measures law and the enforcement of it. We have, perhaps, as good a law as any of you. We charge a small fee for sealing weights

and measures. Every municipal treasurer is a sealer of weights and

measures, and we have some 800 municipal treasurers. Every provincial treasurer is a representative of the collector of his Province,

and we have 39 provincial treasurers who see that the municipal

treasurers do their duty. The man who has a weight or a measure,

or a woman, either—for the Filipino women are the real business

people—is obliged to go to the treasurer at least once in each year to

renew the license and the seals. We do not fix the time for sealing

at the beginning of the year, but have it running so that business

will not be congested. Out of that we gather in Manila alone

?=165,000, which divided by two will give you the number of dollars.

The enforcement of the law rests with the collector, who can do

pretty nearly what he pleases. We, of course, can go to court, or we can compromise with the offenders. When the war struck us

over there in August money was scarce, the foreign banks shut down,

and the price of ordinary things of life soared skyward, and I

thought it would be a good time to start in on a weights and measures campaign.

You gentlemen talk about the accuracy of the weights and measures. I want to tell you that all our weights and measures are quite

accurate. We make such frequent inspections that the dealers do not

get off on that line; but where they beat the public is in the manipulation of the measures, and, to conform to what the secretary said

this morning, we think it is our business to protect the people from

50
TEISTTH ANNUAL CONFEKENCE ON WEIGHTS AND MEASURES. 51

that manipulation. For example, I gave a squad of men ?30 each

and told them to go out into the highways and byways and make

actual purchases, having one man with them as a witness, a bystander

if possible, and the many crooked tricks that we got onto was surprising, and also the many people who were cheating.

We found conditions so bad that I was afraid to tell the truth,

because it meant the accusing and indicting of all the business people

of Manila, and the collector could not afford to do that. Within a short time we arrested 180 persons. When I started the campaign

I announced that I would not take fines or effect compromises, but

said I was going to prosecute all the cases, but in a little while I

had the courts blocked, and it took a great deal of my agents' time

to wait on the cases ; perhaps a case was postponed, and many other

things annoyed us in the way of delays, and we felt we could devote our time more profitably to our regular work.

Another objection I found on going to court was this: We sell

rice over there, for example, by a measure that is equal to about a

peck. Wlien you go into court and accuse a man of cheating a poor

Filipino out of 10 per cent on a measure of rice there are very few

judges so constituted as to realize that that is a serious offense.

They sort of look at you with a sneer to think that you are in such

a small business as to bring a man into court for a little thing like

that, the person who had been cheated being one of our agents, or a

bj^stancler and the hateful bureau of internal revenue being behind

the transaction, and thej'^ do not look faAorably on tax collectors over there any more than elsewhere. Therefore I had to cancel my

order to bring criminal prosecutions against these offenders, and I

found a more speedy method of dealing with them in my own office. I have a law division, and these offenders were brought into the law

division, and they were given their choice of paying a fine, which

we imposed, or going to court. In that way I made a very nice

business of it. The fines usually ranged about $25, and we had 180

in about six weeks. We did prosecute a few and got sentences

against them.

As to this sleight-of-hand work I do not know whether you gentlemen have a right to deal with that question, but w^e have, and I will

give you an example of how it works. There is nowhere, I think,

where the old phrase, "We should do business open and aboveboard," applies more directly to any business than it does to the

business of weighing and measuring merchandise. The storekeeper over in the Philippines has his cornucopia and he has his measure

heaping full right before the customer's eyes, and he picks up his

measure and pours the rice into the cornucopia. He has a hole in

the bottom of the latter, however, which he can shut when he pleases

and the purchaser thinks he is getting all that is coming to him.

Again, he takes his square measure and takes his hand quickly

like that, tilts it over, and he has a handful of rice, and 2 or 3 or 4: or 5 per cent on the whole amount is saved. The manipulations

practiced on the scales also are many. I point out these two or

three instances to show j^ou that it is not enough to spend our time

saying that we have accurate weights and measures. We must also

protect the consumer from the effect of these manipulations. "WTien

we get through with this campaign we will take it up again, for

I have practically unlimited money to be devoted to that. The
52 BUREAU OF STANDARDS.

Government gives me an appropriation, with four or five hundred

agents, and I have under my control 800 municipal treasurers and

39 provincial treasurers, all required to obey the orders of the internal-revenue agent.

When we got through the campaign, which we conducted all

through the archipelago, in order not to lose its effect I had the

reports of the agents and their experiences boiled down and run

off into a circular, and had that printed in Spanish and English

and given out to the newspapers. They were glad to get it, and in

that way we did what we could to put the purchaser on guard against

the man who was giving short weight.

I want to say to you gentlemen who have not any weights and

measures law that I am surprised that any State would be so backward as not to have such a law. I regard it as being backward on

the part of the State not to have representatives here at this conference, and I hope that the Bureau of Standards will continue its

work. The bureau is doing good work in an able way, and I hope

it will continue until the whole of the United States has either a Federal weights and measures law or every State in the Union has

a proper weights and measures law. To you gentlemen who are seeking legislation I would recoimnend that you study the Philippine

weights and measures law, and I recommend that you do as they have

done there, put the enforcement in the hands of one man and arrange

it so that he will not have to go to forty different courts in order to

fight the cases. If a man is guilty, let the collector say, " We have

the goods on you this time. Do you want to pay a fine, or shall we

go to court and bring criminal prosecution ? " That is the thing we

do over there, and I do not think it could be improved upon. It may

seem a little arbitrary to you over here, but we do not belong to

you—sometimes we do and sometimes we do not. Sometimes the

Constitution follows the flag, and sometimes the flag follows the

Constitution. We do A^ery much in some things, and we are held

down in others. I thank you, Mr. Chairman.

The Chairman, It certainly sounds refreshing to hear that in

some place they have unlimited means. Is there a delegate here from

Hawaii or Porto Eico? I understand a delegate from; Porto Rico

is in town, and we will hear from him later.

The first paper on the program this afternoon is " Testing of electric meters," by Mr. H. B. Brooks, of the Bureau of Standards, and

I want again to call your attention to the fact that the bureau will

consider weights and measures in their broadest aspect, and you will

continue to liaA^e on your program some of those things, lest you

forget that weights and measures is something more than yardsticks

and pounds.

TESTING OF ELECTRIC METERS, BY H. B. BROOKS, BUREAU OF

STANDARDS.

I. INTRODUCTION.

The object of this paper is to give a general idea of the commercial measurement of electric energy, with a brief outline of the apparatus required and methods used in the testing of electric meters.

We shall first consider what is to be measured and the units employed.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 53

1. WHAT THE ELECTRIC METER MEASURES.

The gas supplied to a house is consumed and the products of combustion escape into the atmosphere. Electricity, however, is not con- sumed, but merely flows through the lamps or other appliances and

passes back to the electric generator. The thing that is supplied by

the electric company is the energy which the moving electricity possesses and which it will give up in the form of light, heat, or power

when it is allowed to flow through a lamp, a heating device, or a motor. A simple illustration will make this clear. Suppose that a pump located in a central water supply station be operated so as to

force water into pipes laid in the streets from which service pipes

are run into buildings where power is needed. Assume that after

the water has operated a water motor it is not allowed to run into

the sewer but is taken back through a return pipe to the pump, which

sends it out again. In other words, the same water is circulated con- tinuously and gives up its energy by passing through a motor which

can perform work. The customer of such a company would not be

supplied with the water itself but with the energy (ability to do

work) which the water possesses. In other words, he pays for the

work of forcing the water through the pipes and the motor. This

energy can not be measured simply by measuring the number of

gallons which have passed through the customer's motor in a given

time, because the energy depends also on the difference of pressure

between the inlet and outlet of the motor. If the pressure varies

from time to time, a correct " water-energy meter " would have to be

so constructed as to take account of the rate of flow at any moment

(in gallons per second) and also of the difference of pressure in

pounds per square inch. If the pressure could be kept practically

steady at all times, an ordinary water meter as now used would be

sufficient, but its dials would have to be marked to read the energy

of the water, not the quantity.

The case just described is very similar to the supply of electric

energy, and, with the water illustration in mind, a table can be drawn

up which will give an idea of the meaning of some of the commonly

used electric units.

Water. Electricity.

Quantity is measured in Rate of flow is measured in

Pressure is measured in Rate of doing work (power) is measxired in Energy is measured in

Gallons

Gallons per second Pounds per square inch Horsepower

Horsepower hours

Coulombs.i Amperes.

Volts. Watts. Watthours.

1 The coulomb is not used in commercial work; it is included in this table for completeness. The word

"ampere" is a single word which means "coulomb per second." The units in which electric energy is measured commercially are the watthour and kilowatthour ; the latter means simply 1,000 watthours. For example, the same amount of electrical energy may be

spoken of as 56,000 watthours, or as 56 kilowatthours. To illustrate the approximate size of these units it may be stated that

a 40-watt tungsten lamp will use 40 watthours of electrical energy

per hour, or 1,000 watthours (equal to 1 kilowatthour) in 25 hours.
54 BUREAU or STANDARDS.

A 6-poimd electric laundry iron, rated at 500 watts, "will use a kilowatthour in about two hours if connected to the circuit during the

whole of this time.

2. PRINCIPLE OF THE \VATTHOUR METER.

Electric energy is measured (in this country) almost entirely

by watthour meters.^ A watthour meter is essentially a tiny electric motor driving a registering dial. The electric current used in

the house flows through the motor. If only a single lamp is in use, the current is xerj small and the motor revolves very slowly. If

more lamps are turned on, the current is greater, and the motor will

revolve more rapidly. An action similar to this is familiar to everyone who rides on electric cars. When the motorman leaves the controller handle on the first notch, only a small current is allowed to

flow, and the motors move the car very slowly. When the controller

handle is on the second and higher notches, the current is greater

and the motion more rapid. Another illustration is that of the electric fan, with a lever to vary its speed by varying the amount of

current which flows through the motor.

3. ACCURACY OF THE -WATTHOUR METER.

Generally speaking, the watthour meter is a commercially accurate measuring device. It requires cleaning at certain intervals, just as a watch does, and, like the watch, if neglected it usually tends to

run slow. Under some circumstances a meter may be fast; that is, it may record in excess of the actual energy that has passed through

it. Properly managed electric light companies do not want their

meters to run either fast or slow, and they have a force of men whose

work consists of testing, cleaning, and readjusting meters.

11. THE METERING OF ELECTRIC ENERGY.

The problem of metering electric energy is much more complicated

than that of metering water or gas. Electric energy is supplied in

various forms, which may be briefly outlined as follows:

Direct current, in which the flow of electricity is always in the

same direction. This is analogous to the supply of water power

in the illustration above mentioned.

Single-phase current, in which the flow of electricity reverses its

direction, usually 25 or 60 double alternations per second, known as 25 and 60 cycle single phase a. c. current, respectively.

Polyphase current, which consists essentially of several singlephase currents which reverse their directions the same number of

times per second, but which are out of step with each other by definite

am.ounts. The two varieties of polyphase current which are employed in the supply of electric energy are the two-phase and threephase sj'^stems. Of these two, the three-phase is by far the most

widely used.

^ These meters have in the past been called wattmeters, recording wattmeters, or in- tegrating wattmeters. These terms are going out of use.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 55

Other complications are, first, the number of wires in the circuit

to be metered (two-wire and three-wire circuits are much used) : sec- ond, the voltages between wires (110 and 220 volts are very much

used) ; and third, the frequency of reversal, in the case of alternatingcurrent meters. The two most commonly used frequencies in this

country are 25 and 60 cycles (double alternations) per second.

Since all of the above features must be considered, not only in the

construction of the meter, but in the arrangements for testing it, it may be realized that the subject is one requiring a great deal of

space for its adequate treatment. In this connection, attention is called to the Electrical Meterman's Handbook, prepared in 1912 by

the committee on meters of the National Electric Light Association.

This book contains the most complete treatment of the subject which

is available, and is the result of a great deal of cooperative work on

the part of the principal electric power companies. A revised edition is now in preparation. The Bureau of Standards assisted in

the work of revision.

III. TESTING OF WATTHOUR METERS.

In what follows, the attempt will be made to indicate briefly the

apparatus and methods used in testing electric meters.

The equipment required for testing watthour meters varies greatly

with the scope of the work, and also depends on the facility with

which the testing apparatus used can be compared with standards of a higher order. In illustration of this latter point it may be

said that a testing officer whose work is conveniently near a State

university which maintains proper standards would be able to avoid

the purchase and maintenance of some expensive apparatus in conse- quence. If the testing officer is at a remote point, these standards

could not well be dispensed with if the proper accuracy and reliability

is to be had in the work.

This bureau has collected data from public-service commissions

concerning the apparatus used by them in the testing of electric

meters. This information will appear in a forthcoming bureau circular entitled " Standards for Electric Service." Bureau circular No.

20j second edition, entitled " Electrical Measuring Instruments," con- tams a description of the equipment for testing electrical instruments.

The final standards in the measurement of electric power are the

resistance standard and the standard cell. The former is made of

a special alloy in the form of wire or strip, and is adjusted to have

a definite resistance in terms of the international standard. The

standard cell is simply a cell made of pure chemicals in such a way

as to have a definite and constant.voltage. These two standards are employed most readily by the use of a potentiometer, which in one form or another should be the master instrument for precision direct

current measurements.

To the preceding standards must be added a standard of time,

which may be a chronometer or a suitabl}^ made clock.

The preceding standards are not needed in routine work, for which

portable instruments of good design and construction are suitable,

when checked at intervals against the master standards.
56 BUBEAU OF STANDAEDS.

Three pricipal methods of testing watthour meters will now be

briefly discussed.

1. INDICATING INSTRUMENT AND STOP-WATCH METHOD.

In testing a direct-current meter by this method, the current flowing through the meter is measured with an ammeter, the voltage is

determined with a voltmeter, and a stop watch is used to determine

the number of seconds in which the meter disk makes a given number of revolutions. This method requires two observers, and the

accuracy of the test depends on the three measured values, namely, of

current, voltage, and time. This method can only be properly used

when the current and voltage are fairly steady. The testing of an

alternating-current meter differs from the above in using a wattmeter

in place of the voltmeter and ammeter.

2. CALIBRATED-RESISTANCE METHOD,

This method makes use of a resistance adjusted to absorb a definite

amount of power at a given voltage, and a stop watch. As an exact

value of voltage can not be maintained at the consumer's meter, the

method also requires a voltmeter which allows the actual power to

be calculated for any given case. With properly made resistances this

method may be used equally well on direct current and on alternating

current.

3. THE PORTABLE WATTHOTJR METER METHOD.

This method, also called the " rotating standard method," consists

in the use of a portable watthour meter which may be connected in

circuit with the consumer's meter. It is illustrated by the apparatus

on the table. This is the most convenient method and is widely used.

Portable direct-current watthour meters are less reliable than portable alternating-current watthour meters, and require more precautions in their use to obtain good results.

IV. CONCLTJSIOir.

The Bureau of Standards hopes to be able to make a careful study

of methods and equipment for meter testing, in order to put the

information so obtained at the disposal of public officials whose

duties include the testing of electric meters.

BISC^SSION.

The Chairman. Do you gentlemen desire to ask any questions of

Mr. Brooks? I will state in this connection that the bureau, in order

to help along the educational feature of this work, has in preparation

a circular on " Measurements for the Household," which will cover

all of the weights and measures which enter into the common affairs

of everyday life, just the simple A B C's, and which is written more

from the standpoint of the householder than from the standpoint of

the sealer. We felt that we should do something to educate the public
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 57

along those lines, and the more we do of that the easier your work

will be.

Mr. Austin. I would like to ask Mr. Brooks if one of those instruments for testing the meter is suitable for testing the accuracy of all the ordinary service meters in use?

Mr. Brooks. No; because we must have an alternating test meter

for alternating service and also a direct-current test meter for a direct-current service meter. The matter is also further complicated

by the fact that the currents range all the way from 3 amperes to

1,000 amperes, and the voltage also varies. The size and weight of

the test meter has recently been cut to one-half, and the newer ones

are much more convenient to use. Mr. Maronet. Mr. Brooks, assuming a series of lamps, one of 60

watts, one of 40, and one of 80, making a total of 180 watts, should

the meter show 180 watts run per hour ? Would that be a fair test of that meter as to accuracy?

Mr. Brooks. That would only be an approximate test. In our circular we are describing that method for the householder who is con- vinced that his meter is running twice as fast as it should, for instance.

A 25-watt Mazda lamp may run from 23 to 27, since it is impossible

to make a lamp exactly 25, and a certain range is marked 25 watts,

but if you turn on a number of lamps and let them run for several

hours, your meter should indicate the number of watthours equal to

the product of the watts and the hours, and it will give you the means

of determining whether your meter is within, say, 5 per cent of

accuracy.

Mr. Barnard. Did I understand you to say that the bureau was

preparing a circular that would embody these various tests?

The Chairman. Not so much the various tests, but it does embody

the simple tests for the purpose of educating the householder as to

what to expect. In other words, if these circulars go into a district

where there is no sealer of weights and measures, I think the householder will be sure to call attention to that fact, because we help

them in many instances to go to the local officials.

Mr. Barnard. In my city the ordinance requires that the sealer

of weights and measures shall test all meters, and I have not been

able to get hold of any system of testing electric meters without

going to considerable expense in getting apparatus, and I was therefore in hope that I could get some information here that would

tell me where I could employ some simple method without going to

large expense.

The Chairman. Get in touch with Mr. Brooks and his department and he will tell you. It would be a very expensive proposition if you had no central place to go to. "What is the expense of one of these, Mr. Brooks ? Mr. Brooks. Possibly, about $35.

The Chairman. How many would be needed to cover the ordinary range of alternating and direct current?

Mr. Brooks. Two or three or four meters, perhaps.

The Chairman. There is no reason why the bureau should not help

you in these matters—any of you who find yourselves in position of

doing that work. The bureau will always be pleased to advise you

and take charge of the matter until you have in j^^our State a central
58 BUEEAU OF STAIfDARDS.

place for doing that. It is just as important as other weights and

measures matters.

REPORT OF COMMITTEE ON CONSTITTJTION AND BY-LAWS, PRESENTED

BY JOHN H. SHERMAN.

I want to state that Mr. Hand and I have been in rather a difficult

position in that the chairman of this committee did not appear.

Mr. Hand was a member from the beginning but was not chairman,

and I was not a member from the beginning, but came in when the

chairman and another member got out. Mr. Hand, as chairman of

the committee, has asked me to present the constitution. As you

laiow, the constitution in its bulk was accepted last year, but there

were some sections left vacant and we have simply tried to complete

the job, and here and there we have had to make modifications which

we wish to present to the conference. Wliere we have added matter

or made modifications I will call attention to the fact.

I will read the constitution, which is as follows:

Article I. TMs association shall be known as the National Association of Weights and

Measures OflBcials of the United States.

Article II.

The objects of this association shall be, first, to promote interest and harmony in the departments of weights and measures of the various cities and

States of the United States; second, to hold conferences from time to time for

mutual exchange of views on matters of importance to the officials; third, to secure Federal legislation and uniform State legislation throughout the United

States ; fourth, for the advancement of the work of the National, State, and

city departments of the United Sta-tes, and for social intercourse of its members.

I think the custom is to pass on a matter of this kind article by

article.

^Ir. Farrell. Mr. Chairman, I suggest that Mr. Sherman read the

constitution straight through.

The Chairmax. We will proceed in that way.

Mr. Sherman. The next article is No. Ill, and this is provided in

oixier to restore, to some degree, the official character of the con- ference which it had at the start and has not recently had.

Article III.

Section 1. The membership of this association shall be classified as "members, senior members, and honorary members."

Sec. 2. Members shall be persons (except as provided in section 3 following)

who are actively engaged in the enforcement of weights and measures legislation in Federal. State, county, or city employ or actively engaged in research

or other work subsidiary to or necessitated by weights and measures legislation. They shall have full privileges of the floor iu all regular meetings of the

association, may take part in all discussions, serve on committees, and shall

vote on all questions, except as provided in section 3 following.

Sec. 3. Senior members shall be chief executives (by whatever title designated) of Federal or State departments of weights and measures or their

representatives or chiefs of departments or their representatives in cities having

populations of 300.000 or over at the most recent United States census. They

shall have all the privileges of members and shall have the sole vote on questions of tolerances, specifications, and matters of future Federal or State legis- lation.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 59

Your committee believes that a city of 300,000 persons presents

as many manifold difficulties to the sealer as the small rural State

presents. We therefore believe that such men should be on a par

with the State men, and we believe that the State men and these men

should be differentiated from those who are merely inspectors in

larger departments.

The power to vote on these two questions is limited to the senior

members. That, as you wlil see, extends the present limit, for, you

know, on important questions in the past it has been customary to

rule that each State A'otes as a unit.

Section 4 reads as follows:

Sec. 4. Honorary members shall be persons who, by virtue of service ren- dered in the advancement of weights and measures legislation or in the improvement of weights and measures work or in long and faithful service in the practical fields of weights and measures work, have earned this mark of

respect from the association. They shall be elected by a two-thirds vote of the

entire association and be approved by a majority of the senior members. They

shall have all the privileges of the floor and may serve on committees, but shall

have no vote and can not hold office. That is to provide for men who have done good work and have

retired for one reason or another. As you know, we have several

among us every year who are exceedingly valuable to the conference,

whose advice we would not want to be without, but who ought not

to vote.

The Chairman. That is rather an important article, and I think

we should take the sections up one by one. As to the first section,

defining the membership, is there any objection to that? I refer to

the classification into members, senior members, and honorary members.

Mr. GoDDu. Wliat is the idea of having members and senior members? ^Vhy not all members?

Mr. Sherman. Because in that case it is perfectly possible for a number of small town and county sealers, whose State already has

a vote according to the original rules of this conference, to turn up

in the meeting and put over anytliing they please over the heads

of all the State men assembled. The far-distant States can only send

one or two delegates. If we throw this membership wide open and

have no differentiation whatever, it means one of two things, either

that the eastern delegates, no matter how small the territory they

represent, can vote down the western men and ultimately kill the

conference, or else the chair would be forced, on matters of importance, to fall back on the old ruling we had when the conference

first started of giving only one vote to each State, in which case

cities like New York, Chicago, Boston, and St. Louis, and other

large cities, where the problems are just as difficult as in any State,

would be entirely shut out. The committee thinks that would be

unjust. This seems to be the only way to solve the problem.

Mr. Barnard. Mr. Chairman, it seems to me that this section is

establishing aristocracy in this session, and that is something we

want to overcome. I do not laiow of any reason why a sealer from

a town of 30,000, or possibly 10,000 or 15,000, is not just as much

interested in the specifications and tolerances of this organization as a man who happens to represent a city of 300,000 or -400,000. I think

that is absolutely uncalled for.
60 BUREAU OF STANDARDS.

Mr. Farrell. This is along the same line. Although representing

a large eastern State, I feel, for instance, that the sealer of the city

of Buffalo, the sealer of the city of Rochester, the commissioner of

the great city of New York, should have just as many votes as the

State of New York, He is just as important in his own bailiwick as the State superintendent of the State of New York. We have with

us to-day some 15 or 16 men from the State of New York—county

and city men. Some of those gentlemen represent counties with

200,000 or 300,000 inhabitants. They are really entitled to a vote

and should be given the same power as the State superintendent, if

they represent directly the people in their own county, rather than

the State superintendent, who represents the State as a whole.

Mr. Howell. Mr. Chairman, I want to say it does not occur to

me that this is a question of aristocracy, but it seems to me equitable

and right. I come from the West, and I am almost the only representative from the far West. I presume there is one city in my

State that could also be represented, but we do not want to come

back here 3,000 or 4,000 miles and have a lot of sealers from small

towns put something over on us. We want to have an equitable

vote, and I think the section is proper.

Mr. Fitzgerald. You might just as well say the two Senators

from the State of Rhode Island should not be allowed to come down

here and vote. "Wliile they represent the smallest State in the Union,

they have just as large a vote in national legislation as the two

Senators from the State of New York. Therefore, I think, gentlemen, every man connected with a department should have a voice

on the floor with regard to legislation.

. Mr. Downing. I do not think the analogy that has just been made

is fair. Aside from the Senators coming from the various States,

we also have the Representatives, who are selected on the basis of

population. It seems to me, as a Representative from the Central

West, that the only fair proposition for voting is that which has

been proposed. This should not be a sectional meeting; this is a national meeting; and if you are going to allow every sealer from

every township, from every county, from every small city, to come

here and vote, this organization is going to break up. In tiie interest

of the organization I believe the only fair method is the method

which has been proposed.

Mr. Brennan. Mr. Chairm'an, I like the method which has been

proposed. We of New Hampshire, a little State, can have one

delegate here. Cities far away, of three or four hundred thousand,

are not so apt to send delegates down here, perhaps, as those who

are near at hand, but if we should give a delegate of the city powers,

say in any amount that you please, you would have a crowd right

around here that could control this conference. We, farther away,

would not have any representation that would amount to anything,

so far as the vote is concerned. The States of New Hampshire and

Washington might send but one or two. If this conference was held

in that section, there would be a whole crowd in that section which

would attend. If you extend the privileges and have them referred

to a smaller population, then the control of this conference will be

in this section around here, within a few hundred miles of Washington. It will be very, very unfair and, to my mind, will be most

serious. If you open up this vote to delegates, no matter how small
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 61

the population they represent, then the conference will be controlled

by men in this immediate vicinity, and those larger sections of the

United States will not be represented. I think this would be fatal.

Mr. GoDDu. As I started the ball rolling, Mr. Chairman, I would

ask to say a few more words. It seems to me those in favor of this

proposition are all State officials, those who are entitled to vote. Did

you ever stop and think that if this was adopted the small sealers

would have to keep away ? The Chairman. I think you are laboring under a misapprehension.

Mr. GoDDu. I am not. 1 am not afraid of who is going to control

the conference, but if I have not a vote I will not come here, and

there are a good many in my position who will not come if they can

not vote. We will read the report when it comes to us. Mr. Sherman. I think a great deal of misunderstanding can be

cleared up, for it becomes perfectly apparent that the section has

been misunderstood. I want to call your attention to the fact that

this section is drafted to make the meeting more democratic. At

present the only men with a standing in this convention are State

men. Last year, on two occasions, the line was sharply drawn, and

each State had a vote. That is the first thing that happened when

a closely debated question came up—the chair was called on to rule

who has a vote, and he had to go back to the original status and put

in only the State men. Now, your committee holds that it is unjust

to leave a situation open which automatically throws out, on every

question of importance, such cities as New York, Chicago, Cleveland,

and Boston—large cities where the difficulties are very great. On

the other hand, if you will look back you will find that the people

who will become members have in the past had no standing here;

they have come as visitors or delegates from small jurisdictions, and

on any important matter they were not considered. The only thing

that this bars the representative of the small jurisdiction from is two

things—tolerances and specifications, which are matters for the State or large jurisdictions, and future State or Federal legislation; those

two questions only. Those questions have never been voted on in

the past by the persons whom we proposed to put in as members.

In other words, this is a section to do away with the oligarchy and

make this more democratic.

Mr. EiCHARDSON. Mr. Chairman, my impression was, when I first

attended this conference, that it was to be composed entirely of

State superintendents of weights and measures, and, so far as my

State is concerned, they would prefer to have it that way. Our city

and county sealers are perfectly willing to have their State superintendent of weights and measures look after any legislation that

may arise here. As these brethren have said, if we take in all the

city and county sealers in this country wherever we hold the conferences, whether here or in Richmond or over in Chicago, the local

men will control the meetings.

Mr. Maroney. Assuming that the reading clerk reads this as a motion, I offer an amendment, sir, that all weights-and-measures

officials in towns, cities, and States have a right to vote at this convention.

(The above amendment was seconded.)

The Chairman. You have heard the motion, which has been

seconded.
62 BUBEAU OF STANDAEDS.

Mr. Starn. Mr. Chairman, in the State of New Jersey all proposed

legislation, whether it be National or State, is taken up in owr home

organization. We regard our State superintendent as the man to care for our interests, as representative of the public of the State

of New Jersey. We propose that he shall attend this national conference and take care of the interest of the people of New Jersey,

and he is our representative. In him we have confidence. As one of

his men, if I desire to come here, I presume that it is my privilege,

whether I come as an official or whether I come as a citizen; but

under all circumstances and under all conditions I come here subject

to the organization of our State, under the representation of Mr.

Waldron, for whom we have the highest regard and whom we are

absolutely willing to trust to represent us. Mr. Goodwin, Mr. Chairman, I believe that the gentleman from

New Jersey has struck the right note. I do not believe we would

make any progi*ess whatever under Mr. Maroney's motion. I think

we would be going to sea without any oars. I do not believe it would

be possible for us to exist under those circumstances. Rhode Island

has a State organization. It is not very active, but all questions of

interest and all questions of law that they want to have promulgated are generally submitted to the State sealer of weights and

measures, and I confer with them and we decide on the proper procedure, and I introduce the bill. It would be just like a State organization going in to do that same service as a whole. We could not get

results under the circumstances. Therefore I hope the motion will

not prevail.

Mr. Sharp. Mr. Chairman, I would like to ask the chairman of

the committee how he construes, in section 3, the words " Chief

executive of Federal or State departments." The reason I ask is

this: We represent a city of one and three-quarter millions, and

there has been a law just passed by the State legislature in which

the supervision of our city is not included within the chief of the

bureau of standards at Harrisburg, so that it leaves us a sort of free

lance in our State. We have 3 departments in our bureau and 35

inspectors.

Mr. Sherman. Under the wording of this section the State of

Pennsylvania would have a State delegate, Philadelphia would have

one delegate, and Pittsburgh one delegate. I do not believe there

are any other cities in that State of 300,000 or OA'er. The man who

represents Pittsburgh and the man who represents Philadelphia

would each have one vote on all questions. Other Philadelphia men,

as members, can take part in all discussions and can serve on committees, and they may vote on all questions except tolerances and

specifications or State and national legislation.

Mr. Barnard. Gentlemen, this organization is gotten together in

order to try to make uniform the specifications and tolerances all over this country. If 5'OU eliminate the sealers from the smaller

towns who are coming here you ai'e going to do this as I foresee it. Each State in the western -part of this country that would possibly

have one representaive here is going to meet in their own organization, and if they feel that their opportunities and their privileges

have not been considered properly they are going to meet and form

their own specifications and their own tolerances, and they are going

to absolutetly disregard the national specifications and tolerances, I
TENTH ANNUAL CONFEEEKCE ON WEIGHTS AND MEASURES, 63

believe, and I think that is something we have to take into consideration. I know in the State of Michigan there is quite a feeling at the

present time that Michigan is not being properly considered, and we

hope we can overcome that feeling; but if this motion that our friend

from New Haven just made is lost it simply is going to mean that

Michigan, for instance, is going to formulate her own specifications

and regulations in spite of what we have been trying to do to over- come that.

Mr. Staen. I somewhat agree with the gentleman from Battle

Creek. I live adjacent to Philadelphia and I know something of it,

and I believe and am willing to admit that their chief, as represented by Mr. Sharp, should occupy the same position in this con- vention as the State superintendent ; that that same condition should

apply to every large city wherein the State law makes the same

provision to which Mr. Sharp referred. I did not refer to our high

regard for Mr. Waldron from any personal point of view whatever

that is a matter for every State. In regard to the small towns re- ferred to by our friend from Battle Creek, we had the identical

condition in New Jersey, but I endeavored to m^ke clear in my re- marks how we handled that condition and that is why I spoke of

our absolute confidence in our State superintendent, for whom I

say we have such high regard. We settle those matters in our State

organization. Those small towns are just as carefully considered

and just as seriously looked after as the city of Camden, which is

my home—a city of over 100,000 people. So I think that the heads

of the departments of the large cities referred to should occupy the

same position in this national conference as the State superintendents.

Mr. Sherman. Mr. Chairman, the gentleman who offered this

amendment seems to have overlooked the fact that this section is

offered to extend the privileges of the county and small town sealers.

Under this section, if it passes, they are going to have more privileges and a wider range of activities than they have had before, and

it also extends the membership of the so-called senior members who

now consist of one representative from each State, since that membership will in the future consist of one representative from each

State and each city of 300,000 and over. That limit is chosen because

we have to draw a limit somewhere. The reference to the possibility of the small town and county sealers forming their own con- vention and making their own policies in such cases seems to me to

be very amusing. If they are going to do it in the future, under

better privileges than they have had in the past, why in the world

did they not do it in the past when they had less privileges than

we propose to give them ? In the second place, it seems to me if any State or local convention

of town and county sealers got together to pass new regulations,

new policies, and specifications at variance with those selected by

their State representatives in conference, and if the State representative proved in any wise unable to cope with that situation, the

governor of the State in question and the legislature of that State

would probably see to it in short order that they got a new State

representative. I do not think that we need to fear that sort of

thmg at all, but I think it is time we settled down a little and see what we are working for.
64 BUBEAU OF STANDARDS

Mr. Maroney. Mr. Cliairman, my idea of placing this matter before this conference is this : I realize Tvhat Mr. Sherman has there,

and it has probably been overlooked by the committee. The average

sealer of weights and measures is permanently on his job and your

State official is not. We have been coming here for a number of

years and we ought to realize that. Also bear in mind the fact that

the man who comes in as a State official has no permanency against

the local sealer, and if experience and continuation in office amounts

to anything, then I would rather have the man who has had the

experience come here and let lis hear from him and give us the ex- perience that he has got, than to hear from the State officials, in some

cases. You stipulate a town of less than 300,000 population will have no

vote. I want to tell you, gentlemen, that in my experience for 13

years I have seen some sealers from a town of three or four thousand,

perhaps, who have just as much intelligence as the man who represented a big State, and I, for one, although I represent a city of

about 160,000 population, am not ready to have a conservator over me to tell me what I shall do.

Mr. GoDDtj. I want to know if there is a motion before the house ? The Chairmax. We are speaking to Mr. Maroney's motion.

Mr. GoDDTT. I want to know who has a right to vote on that?

The Chairman. State delegates.

Mr. GoDDTJ. I would like to explain my position. I would not

have said a word here if I had known it before. I was irndted here,

and I thought I had a right to vote. If I had known what I know

now I would have kept my mouth shut.

The Chairman. We are very glad that you did not imderstand it,

because it was the purpose to have a free and open discussion of this.

Certainly everyone may be heard.

Mr. Farrell. I was under the impression we were here under the

invitation of some sort of society that was in the air. I think the

representative of every city and county who was invited to come

here is entitled to a vote on any question until these by-laws and this

constitution are accepted. The work that we have been doing and

the rules that we have been worldng under have not been, so far as I

know, ever adopted by any society or ever adopted by any association, but it has merely been the consensus of opinion of those who

happened to be the executive officers of the meeting at that particular time. I suggest, therefore, if necessary, that the motion be laid

aside for the moment and permission be given me to move that the

rules, if there be such, be laid aside, and that everyone who was

invited to come here be allowed to vote on this constitution.

The Chairman. I do not see how we could do that. The bureau

feels somewhat under obligation to this meeting, in a way. If you

will permit me, I will say now what I wanted to say later. The

bureau felt in the beginning that it should not go too far into such

matters, that it should not interfere with your State matters, that it

should, in part, encourage and try to bring about State organization.

So, from the beginning, the meeting has been solely that of State

representatives. Along toward the third or fourth meeting a great

many of the important sealers asked to come in, and we were very

glad to have them. That question was brought up a long time ago,
TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES. 65

SO the local sealer has always been welcome, and we have gained a

gi'eat deal from them and they got a good deal from us, and it was

felt they should be here and we should have the pri^dlege of meeting

one another.

As I have said before, we have always gone on the lines of a national organization, an organization of the State officials. I attend

almost every year some sort of an international conference, it may be

on weights and measures, electricity, or what not. The method of

procedure in those conventions is always the one we have adopted

here. A coimtry might have 40 delegates at one conference, yet it always has one vote. I do not see how this could be handled on any

other basis if we are going to look forward to the national organization as binding together the State organizations.

It is no reflection whatever upon the local official in the State, be- cause his chief comes to the conference with his sentiment voiced. I

assume that within the next 10 or 15 years that this meeting, if we

are to include anybody, will reach a thousand or more. It is going to

be very large, indeed, and that question is going to come up all the

time. However, it was felt, on the part of a good many here, and

I do not oppose it at all, that some of the city officials ought to be admitted, but we ought to draw the line somewhere. "Wliere that line

shall be drawn, I am not committed. I am not speaking as your

chairman, but just as a member, and therefore I feel we ought to

consider this question very carefully, indeed, and no matter what is

proposed, it is in no way a reflection on any one, but rather an attempt

on the part of the committee to see to it that we do not interfere with

State affairs. The reason why they are invited to come here is that

they can express themselves and meet people from other States.

There will be a great deal of educational work and sentiment toward

uniformity but, after all, this association can not enforce uniformity.

The State officials getting together can agree among themselves to

do certain things, so far as their laws permit. That is one thing the

bureau is very careful about.

As I have said this morning, we try to assist the States when they

ask it, but we are very prone to keep out of the States unless they

ask for our assistance. We are glad to see a first-class State

organization, and our idea was to have an organization made up of

State organizations. This was all done before we had any individuals in mind at all and we are perfectly unbiased in that judgment.

Mr. Lincoln. Now, Mr. Chairman, I think that that is a move in

the right direction. I believe every man is here for the good of the

weights and measures work; he has to enforce the laws; he wants

good laws; he wants good specifications; and just as the gentleman

spoke here, many of the local sealers have been here for a good many

years. They have all of the problems that the State and big city

men have to deal with, they have the good of weights and measures

at heart, and they want to have good weights and measures laws, as I stated before. I do not believe any man in this conference, or any

set of men is going to come in here for the purpose of doing something that will hurt weights and measures work. These men have

been in the business of weights and measures for years: they are very progressive: they come here for this purpose: and I think

24309°—16 5
66 BUREAU OF STANDARDS.

every man here should have a vote. I believe in everybody having

a say, and I want these other gentlemen taken in here.

Mr. Sherman. There seems to be a continual misunderstanding as to the meaning of this section—this section providing for members

as distinguished from senior members—which does give every county

or small town sealer a voice on the floor on any subject whatever,

a chance to serve on any committee whatever, and a chance to vote

on any question whatever except two questions, and they are questions

which, from the very beginning of this conference, have always been

settled solely on the vote of the State men. We are now proposing

to let in the larger city men. That is the first step toward broadening out. Possibly the small town and county sealers will show themselves so capable during the next year or two that the men who

now have the vote—the State men—^will be glad to introduce them

into full senior membership. However, your committee has sounded

out the State men ; your committee has been careful to sound out State

men who have been the oldest and the longest in the work; your

committee has asked men who are traveling into sections where

members of your committee have not been within the last year, to

sound out and find out what their feeling was. The feeling seems

to be that the best action, the best good would be secured by widening the limit a little bit but not throwing the bars altogether down

as yet. I want to add, also, that if this amendment which has been

proposed goes through, I could easily, next year, turn up here with

enough men from within a radius of 300 miles or less, not one of

whom has ever attended this conference, and swing through any

motion I want to make. That could be easily done.

A Delegate. Mr. Chairman, I am a county sealer and I do not like

the reflection that is being placed on us. I believe the county sealers

would do everything they could to advance the interest in the weights

and measures law.

Mr. WiLLETT, I call for the previous question. I think we have

discussed this long enough.

Mr. GoDDU. I ask if the motion to amend is in order ? The Chairman. I think so; yes.

Mr. GoDDU. Is the introducer a State delegate ? The Chairman. No ; he has no vote.

Mr. Egan. Is the motion to amend in order ? I suppose it is, but

the gentleman who offered the amendment has not a right to vote

upon it. Is that the situation?

The Chairman. I have recognized him as making the motion in

order to get the matter before the house, but the vote will be by the

State delegates.

Mr. Egan. And I suppose I have a vote on this question ? The Chairman. Yes, sir. Mr.. Egan. I do not like the discrimination against the county

sealers. I do not know, inasmuch as this question has been opened

up, just where you are going to draw the line. I take it for granted

that there are a great many sealers in this conference who are as well

qualified to pass upon questions that come up as a matter of government and good procedure, who come from cities of 100,000 and

150,000, who are just as duly accredited delegates here as the State

delegate is, and the longer I talk upon the subject, the more confused,

probably, I will get. However, I know what I believe in and that
TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES. 67

is this : I want to act fairly with the best interest of the weights and

measures work throughout the country at heart and in mind. That

is what I want to do. But, it seems to me we are wasting time, inasmuch as the State delegates are the only ones who can decide it. I

shall vote against the motion to amend because I think we can find a better way out of it. I do not believe that the solution offered

by that motion will be a satisfactory one. The Chairman. I think there has been considerable misunderstanding, and I am very sorry to hear anything in the way of an inference

that there is any drawing of the line or any reflection of lack of confidence on the part of the city or comity sealers. While I had nothing to do with the drawing up if this, I can see that the committee

had in mind the practical working out of a scheme for the future.

Some of the most valuable work must come through the smaller

sealers, and, in fact, in my work, I get some of the best suggestions

from the office boy, but we do not take the office boy into our council.

Mr. Fischer has a dozen good men about him and they work together,

they work as a unit, and Mr. Fischer represents the sentiment in that

section, and how else could we do it? This does not mean at all

that this conference throws out the minor official, but it prefers to

represent the State as a unit, which is what is usually done, and what

we have always done in the past, except in discussions. In this particular case we recognize Mr. Maroney's motion, which amounts to

precisely the same thing.

Mr. Albeecht. Mr. Chairman, I can not see where the county or

the smaller city sealers can say that there is any discrimination

whatever against them. Take the western States, for instance, Ohio

and Indiana, while we are represented here from Ohio by 5 members. New York and New Jersey, close by, come in with probably

25 or 30 members. It does not give us a fair chance. If I had this

organization over in Ohio and could take the 120 sealers that we

have there, I could put over anything that I wanted to put over,

regardless of who came out from anywhere else, and it is the same

proposition here. I think if every State and larger city is entitled

to one vote that is perfectly fair, and I believe the amendment made

by Mr. Maroney ought to be voted down.

Mr. Brennan. Mr Chairman, I thinli we are somewhat at sea

in this matter. So far as ability is concerned, we recognize that in

the smaller men. I am a delegate from New Hampshire, but I will

take off my hat to a whole crowd of sealers in little towns in our

State, who know more about this matter of weights and measure

than I do, they are more competent to act, and more competent to

instruct in such affairs as that. But, I think, if you open this vote

to everyone who comes here, it will be the greatest mistake that this

organization ever could make. It would make it an organization

without any character. If you come to our little State of New

Hampshire with your conference, I will guarantee that in our littlgp

State of New Hampshire we can run the conference if you come. We can do it for we have enoug:h in our State to just do that thing.

Now, what does it mean? It means every man here—these gentlemen who represent little constituents—who have more abilit}'^ than

I have, have a right to do everything with the exception of voting

on these matters of tolerances and future State and Federal legislation—simply those two things. Why should that be delegated to
68 BUREAU OF STANDARDS.

this crowd that can be brought in here—these two great questions?

'V^'Tiy should not our State of Xew Hampshire, as well as the

State of New York, have a vote on that, and why should it be controlled by a little section around here? We have a lot of men here

whom we want to hear from, and who would not be in the senior

class as I would be, who know more about weights and measures

than I do and who could tell you more, but, unfortunately, perhaps,

for my State, I have been sent here to vote. I listen to what these

men say, and I vote for New Hampshire. I think if you cut loose

from that idea you will put this conference in a very bad position.

Mr. Barnard. I do not appreciate or like the inference that has

been given by several men that they can come down here with a

certain lot of men and control this conference. I would like to see the one man who could control my vote unless he could show me

conclusively that he was right. I believe that the majority of the

city sealers in this country are conscientious men, they come to the

convention with their own convictions, and, if it can be shown conclusively that they are wrong, they will vote with the man that can show them the right. I believe they are going to vote according to

the dictates of their own heart and conscience, and I believe that

these inferences are wrong, if you please.

Mr. Starn. Mr. Chairman, I would like to put myself right at

last. An opinion seems to have gone out that reflection has been

cast upon some of the small sealers. I want to say for the benefit of

this association that I meet all of you gentlemen with pride, you

are a band of intellectual men, and I challenge any man here to

show me anywhere in my remarks, if they can, where a i-eflection

has been cast upon the smaller sealers by me. I am one of the small

sealers, and I know something about the higher court of etiquette,

and I would not incriminate myself. We hold our State conventions,

and we are regularly organized. I do not care what question arises

from a national standpoint, that question can be settled in our

State organization.

I want it understood, gentlemen, right here, that while I have been

throughout my life a man who has attended conventions, both political and otherwise, and to the gentleman from Battle Creek I want

to say that the man does not live who can say he ever controlled or

influenced m}^ vote. To avoid long-drawn-out arguments I have

tried to be so plain that I could not be misunderstood. In New

Jersey we, in our organization, discuss all these questions and then

and there settle the question. We then send our State superintendent here under instructions, and so, likewise, with every other State

superintendent. Our State superintendent comes here under instructions and every State superintendent throughout this land would

come likewise cheerfully. The argument, to my mind, is a waste of

time.

Mr. Van Duyn. Mr. Chairman, I presume I am as democratic as any other one member sitting in this conference to-day; but it does

seem to me that the question that we have up for discussion to-day

is one of importance. As has been stated hj a number who have

spoken here to-day, we have our State organization, we have our

State conference, we have given to all men who are working along

the line of weights and measures a chance to come here and take part

in this meeting; they can have the floor and have a voice in all the
TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES. 69

deliberations of this meeting, a vote on every question except that

of State legislation and of tolerances and specifications.

Now, gentlemen, can you not get together in your State organizations and can you not have your understanding as to what you want

in the way of laws and of tolerances and specifications, and can not

you come with your State representatives and show us State men we

are wrong, if we are wrong, and bring this out in such a way before

this convention that these State men, if they do not know how to

vote, can, by your assistance, have these facts laid so plainly before

us that we will vote intelligently before leaving this convention ? My remarks on this question are very rambling, because I did not

have an opporunity to make a study of this question as it has been

presented by the committee, but I am heartily in favor of the committee's report, and would not be in favor of throwing this open to any

man who might come to the convention.

Mr. Farkell. Under the constitution as proposed, would Mr.

Fischer, Mr. Connors, and Mr. Downing be allowed to vote ? The Chairman. Under the constitution I suppose Mr. Fischer,

Mr. Downing, and Mr. Connors would all be eligible to serve on committees, but Mr. Fischer and Mr. Downing would be the only ones

eligible to vote on these questions.

Mr. Farrell. Would Mr. Fischer be able to vote on that question ? The Chairman. He is Chief of the Division of Weights and Measures of the Federal Department and under the provision made he

would be a senior member, being a chief of a Federal division.

Mr. Farrell. Would Mr. Connors be allowed to vote?

The Chairman. He would not. He might be an honorary member, just as Dr. Eeichmann from your State might be. If Dr. Reichmann and Mr. Connors are elected by a two-thirds vote of the con- vention they, after being elected, would be free to discuss any question on the floor or serve on any committee and have all privileges

except voting.

Mr. Egan. Mr. Chairman, I want to say, by way of explanation,

that in the use of the word " discrimination " probably I was un- happy in the choice of the word. I did not intend that that should

apply to the action of the committee on this subject. I recognize

the force of the chairman's argument in behalf of State delegates

to decide questions where the law of the States is concerned or where

the specifications or tolerances come up to be voted upon. I think

it would be better if the decision was left solely to the State delegates. The whole question raised is as to taking the delegates from

cities of 300,000 and over. In view of all that has been said here

this morning, I think that the settlement of these questions should

be left to a vote by the State delegates.

Mr. Goodwin. I would like to ask Mr. Maroney if the section . referring to the cities of 300,000 were stricken from the constitution, if it would satisfy him? I think that that is practically the

bone of contention here. I do not know why a city which happens

to have 300,000 inhabitants should have any more privileges than a

smaller city. I think it is a dangerous precedent to establish in this

constitution. I would rather see that eliminated entirely and leave

the matter strictly in the hands of the delegates appointed to represent the State at this conference.
70 BUREAU OF STANDAEDS.

I want to be liberal in this matter, and last year I tried to induce

the city sealer of Providence, E. I., to represent the State. I could

have gotten him appointed as a delegate and he would have represented the State, and he was more able than I on the subject, since

he is a sealer of long standing and a very capable man. But he • thought the State sealer, the head of the organization, should be

the man chosen by the governor to represent the State. I tried also

to get him this year to take my place, which I could have done,

probably, by talking to the governor, but he still insisted that the

head of the organization should represent the State in the confer- enee here. Therefore, I hope that the city representation will be

stricken from the section we are about to enact.

Mr. Maeoney. The gentleman has asked a question, and, with

3^our permission, I will answer it, Mr. Chairman. The gentleman

asked if it would be satisfactory to eliminate all city sealers and

leave the voting up to the States. In answer to that question I

would like to ask if the gentleman Itnows that between New York

and Boston there is not one city with 300,000 population, and from

New York to Chicago I do not believe there are four with that

large population. On the other hand, if this is going to be an incorporation by the States, on questions of policy, then hold a con- vention of State officers. If this is going to be a convention of seal- ers of weights and measures, as your constitution provides and your

circular invites us, I do not want to come here, participate in part

of the questions, and be disfranchised on any vote that comes up.

Without being egotistical, I think I am as capable of voting on some

of the questions as some of the State officers who have not been in

office over a year. I ask that the motion be put.

Mr. Sherman. I am a State man. What is my State? The District of Columbia, with 360,000 inhabitants. Should I come in here

as a State man, as I have in the past, with the privilege of voting on

this measure, and the representative of New York City, with 4,000,000

inhabitants, not have a vote? Now, then, Ave carry that back; if

New York can come in, why not Chicago ; if Chicago, why not Philadelphia ; if Philadelphia, why not St. Louis ; and why not Boston,

Cleveland, and so on. Somewhere you have to draw the line or else

you will get back to the sealer's driver. Where do we go? In the

State conferences I notice they call their county, town, and city sealers, and I notice they do not call the drivers and the laborers in the

office—they draw a line somewhere between the bottom and half way

up. Likewise, in this national conference, we have to draw a line

somewhere. Look forward a few years and in a little time we are going to have a conference of from 1,000 to 1,-iOO people here. What

then ? Questions of a routine nature can be taken up by an " aye

" and " nay " vote on the floor, but questions of great importance have

to be taken up by ballot and with care and time. Do you not want

to draw a line in a national conference just as you do in a State con- ference? With regard to setting the limit at 300,000, you have to

set it somewhere, and 300,000 seemed to your committee to set a limit

at about a size where the city department becomes important enough

to have broad enough questions to settle so as to be comparable with

the State departments. There is no reflection on the county or town

sealer, but I submit to you that the State sealer, the State superintendent, or the sujDerintendent in the large city deals with problems
TENTH AjSTNTJAL CONFEBENCE ON WEIGHTS AND MEASURES. 71

of greater magnitude, and is better qualified to deal with the broad

problems of State and Federal legislation or tolerances and specifications which are settled in the long run by legislation than are the

smaller local men, even though they may be longer in service or may

be more intellectual, because they are not handling that kind of

propositions.

The Chairman. The question is called for and I will ask the sec- retary to call the roll. In order to get this clear, Mr. Maroney has

stated his amendment as follows : To substitute for the first section

of article 3, which defines the membership as consisting of State offi- cials, all State, county, and city officials. Am I right ? Mr. Maronet. Yes, sir. The Chairman. That is the motion before you, that the membership shall consist of all officials. Is it clear"? The vote is on the

amendment ; that is, if you want to include in the membership all of

the officials you vote " aye"; if not, "nay."

(The secretary called the roll for a vote on the amendment made

by Mr. Maroney, and the amendment was rejected.)

Mr. Eagan. Mr. Chairman, I desire to offer an amendment to the

section, to the effect that only delegates from States, when duly ac- credited, have the right to vote upon the questions mentioned in the

section.

(The above motion was duly seconded.)

The Chairman, You have heard the motion and second.

Mr. Sharp. Mr. Chairman, I believe that Philadelphia, being

separated from the supervision of the Chief of the Bureau of Standards, and representing 1,275,000 people, should have a chance to vote

upon these very important questions.

Mr. Starn. I think it would be unfair for the city of Philadelphia, for the city of New York, and like cities to be shut out of

being represented in this national conference. They are towns of

importance. I think where the law of the State provides that those

cities are apart from the State bureau, that the chief of those cities

should be admitted to the conference and he should be allowed to

enjoy all the privileges of the conference.

Mr. Egan. On behalf of that motion I desire to say that for the

settlement of those questions that are to come, those two subjects,

I think the State delegates are qualified to vote upon the matter inasmuch as they ought to be well posted on the law of their States.

They ought to be and will be, no doubt, well qualified to vote on the

settlement of the specifications and tolerances. I offered the substitute motion because I thought there was a distinction being made

in favor of some of the larger cities, and because of the force of your

argument in favor of State delegates settling that question, and I

hope the motion will prevail.

Mr. Starn. Just at that point, it surely would be unfair to the people of New York City and the other large cities not to be represented

in this conference. Here is the point which I think IMr. Egan does

not clearly understand : Where the State has provided for these cities

and separated the cities from the States they take no part in the State

organization. That is correct, is it not, Mr. Sharp ? Mr. Sharp. That is correct imder the law that was passed in refer- ence to Philadelphia, and that goes into effect next Thursday.
72 BUEEAU OF STANDARDS.

Mr. Stakn. That is the point in question now. "Where are these

people to be represented ? They are not represented in their States,

because they are no part of the State organization and I do think that

under such a law they should be entitled to be a part of this national

conference.

Mr. Cltjett. The department of weights and measures of the city

of Chicago will be placed in a rather hard position in the matter

of having a voice in the specifications and tolerances and in State

and National legislation unless it is given the right to vote on these

matters. If that right is restricted to State officers or State delegates only we will be placed in the position of having no voice ourselves and on one in the States to speak for us, because the State of

Illinois has no active State sealer or active State weights and measures department. Chicago has about one-half of the population of

the entire State of Illinois and about one-thirtieth of the population

of the United States, and has adopted and put into effect the specifications and tolerances approved by this conference, and I submit

that the representative of the Chicago department should in common

fairness be given a voice on all matters coming before this confer- ence the same as if Chicago was a State.

If there is objection to taking in cities of over 300,000 population

and giving them the right to vote on all matters coming before this

conference the same as State delegates, I believe an amendment to

the constitution and by-laws should be passed to read something as follows : In States where there is no active State weights and measures department and there is an active city department within that

State, or in States where there is an active State department having

no jurisdiction over the city departments, then in that case the representative of the city department shall be given the same rights and

powers that a State department would have. Or if this would prove

to give any one State more representation than would be fair and

equitable, let the city departments within the State select one of their

number to vote for and represent them in the two subjects restricted

to the votes of State delegates.

Mr. FareeIxL. By the vote killing the amendment to this proposed

constitution, we have automatically eliminated two of our executive

committee, one of our committee on tolerances and specifications, one

of our committee on constitution and by-laws, one of our committee on reference, and one of our committee on the metric system;

and I do not see, therefore, why anyone—if we are going to have a State conference—except a State delegate is entitled to vote. As long

are we are going to cut out the county men, as long as we are going

to cut out the smaller-city men, I would request everyone to vote in

favor of cutting everyone out except the State delegates. We cut out

the deputy State superintendent of weights and measures of Washington ; we cut out Mr. O. Evans Mikesell, county inspector of weights

and measures of Washington, Pa.; we cut out Mr. Connors, of our

committee on tolerances and specifications, and of whom I think I

voice the sentiment of the whole conference that there is no one better

qualified to act on that subject than he; we cut out the chairman of

the committee on constitution and by-laws, who is the State deputy

superintendent, and he, being only the second man of the State, is not entitled to appear as a member of this conference ; we cut out also

Mr. E. F. Stimpson, he being a deputy and not entitled to be on the
TENTH ANNUAL CONFEKENCE ON WEIGHTS AND MEASURES. 73

committee on reference. We cut out the deputy sealer of weights

and measures of Oregon.

Mr. Sherman. I would like to correct a misapprehension here.

The member evidently did not read this clearly. The gentlemen

you refer to are not struck off from these committees. The proposed

constitution provides that such members may serve on any committee; but they can not hold the elective office of president, vice

president, secretary, or treasurer, and they can not vote on the two

questions of States or Federal legislation, or tolerances and specifications. " Executive officers " was the only term used.

Mr. EiCHARDsoN. I want to ask Mr. Farrell a question. Are yon

State superintendent of weights and measures of New York?

Mr. Farrell. Yes, sir ; I have the honor of holding that position

at the present time.

Mr. Richardson. Have you any control over the city of New York

in 5'our official capacity?

Mr. Farrell. Yes, sir. Mr. Richardson, Then why can't you represent it here?

Mr. Farrell. I suppose I could. I happen to be a resident of the

city of New York, and, although I feel that I would make quite a good representative, still I believe that there are certain men in

the department in the city of New York who are more qualified, by

their ability and by their length of service in weights-and-measures

work, to do more of the real work in weights and measures than I

ever hope to be able to perform, although I am standing here now

at the feet of teachers and am putting in my time in the studying of

books, trying to find the beginning, but have only succeeded in getting my feet on firm ground.

Mr. Richardson. Could they not concentrate their information

on you and let you bring it down ? Mr. Farrell. I feel that my shoulders are not broad enough to

carry so heavy a burden.

Mr. Richardson. The gentleman from Chicago made the state- ment, a moment ago, that Chicago brags about having half the population of Illinois. Do you think Chicago ought to be represented ? Mr. Cluett. Yes; I think so. Mr. Richardson. Then, what about the balance of your population out there. Ought they not to be represented, too? I oppose

the voting privilege to any except the legally authorized heads of

the weights-and-measures departments, or their duly appointed

proxies, and shall favor that each such head or proxy be not admitted

as a voting member of this association unless regularly commissioned

by the governor of his State. I favor the admission to seats on the

floor of the conference, and the right to participate in the discussion

of all city and county sealers who may attend ; but no further rights,

and these only on the sanction of their State head or his proxy.

Admission of other than the State heads will, in my opinion, render

the conferences top-heavy, and impede the progress and efficiency

of their work. Seats for the commissioned State representatives

should be marked and assigned to them in a body, and city and

county sealers, and others wishing to attend, be assigned separate

seats in the rear. The Chairman. The amendment is to eliminate all city officials

from certain privileges. In other words, if you want to confine the
74 BUKEAU OF STANDARDS.

convention solely to State officials, vote " aye," and if you want to

adopt the broader line and take in the larger city officials, vote

" nay."

(The secretary called the roll for a vote, and the amendment was

rejected.)

Mr. Starn. I move that sections 2 and 3 of Article III be adopted

as read.

Mr. Lincoln. The section mentions " chief executives of Federal

or State departments." The chief of our department is a very effi- cient man, and I do not allow any man to be second to him, but he

does absolutely nothing in weights and measures. I am the only

man who does anything in Michigan and who has anything to say

on weights and measures. That cuts me out.

Mr. Staen. He would be entitled to send this gentleman as his

representative.

The Chairman. The governor could delegate you.

Mr. Umpleby. Mr. Chairman, I am 'county inspector of Lake

County, which has a population of about 240,000, and it is growing

very rapidly and it will be but a very short time before it is in the

300,000 class. There are five cities in that county, and it is hardly

likely any of them will reach that population; but the county is represented by county officials. I do not believe it would be wrong

to include in there county officials who represent a county of 300,000.

Mr. Shfjrman. Mr. Chairman, your committee will accept the

amendment suggested, providing that any chief executive of a department may send a deputy in his place.

I want to say for the committee that the question of the county

with a large population has been considered, and here is the answer

to that, which you will find will occur in a great number of cases:

It will mean that you will have a duplication of representatives

from the same section ; for instance, Philadelphia county will have a man, and Philadelphia city. The county that has a large population

has it because it contains a large city, usually, and we have to meet

that situation in some way.

The Chairman. The question is called for.

Mr. Sherman. Your committee did consider several such cases. I might add there is another such case in New Jersey. I might add

there will also come another such case in Minnesota ; there will come

another such case in Illinois; and there will be several such cases. There will be such a case in Cleveland. We have to meet that sort

of case in some way ; the line must be drawn somewhere, aud it seems

best to your committee to draw the line at the point where it would

prohibit a dual representation where the cities of equal size would

have only a single representation. Such places as this have the right

of a State representative.

Mr. Hand. Just one point. I want to know if it is clearly understood that these paragraphs include those weights and measures

officials in our insular possessions. Is that clearly understood?

The Chairman. Yes, sir. Mr. Richardson. Mr. Chairman, you have segregated the questions to be voted upon; you set apart certain questions to be voted

upon by the regular authorized delegate from each State. If the

other delegates are required to vote on everything except the two
TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES. 75

sections mentioned, why are they not also entitled to vote on those,

too?

The Chairman. That matter has been answered several times.

The two groups include all the questions of State or National significance. They are the questions that, after all, concern very little

the man who drives the wagon around and puts the weight on the

scale and tests them. They are the questions that concern the man

at the head of a large department taking care of matters of administration and taking care of matters of a National character, laws and

so forth. That is the reason for that distinction to leave the vote on

those subjects up to the men who have to deal with them.

The Chairman. The secretary will proceed to call the roll. (The secretary called the roll for a vote, and the motion was

agreed to.)

Mr. Goodwin. I move the adoption of section 4 as it has been read

by Mr. Sherman.

(The motion was seconded and agreed to.)

Mr. Sherman. Article IV of the constitution reads as follows

Aeticle IV.

The officers of this association shall be a president, vice president, secretary,

treasurer, and there shall be the following four standing committees : Executive committee, legislative committee, committee on tolerances and specifications,

and committee on qualifications for membership.

The Chairman. Unless there is objection we will proceed to the

next article.

Mr. Sherman (continuing) :

Article V.

Section 1. It shall be the duty of the president to preside at all meetings of

the association ; to enforce a due observance of the constitution and by-laws ; to decide all questions of order ; to offer for consideration all motions regularly

made ; to call special meetings, appoint all committees, designate chairmen to the committees ; and to perform such other duties of his office as it may require.

He shall make no motion or amendment, nor vote on any question or motion,

unless the association be equally divided, when it shall be his privilege to cast the deciding ballot. Sec. 2. It shall be the duty of the vice president to preside in the absence

of the president and perform the duties of that office. Sec. 3. It shall be the duty of the secretary to keep the minutes and records

of the association ; to inform candidates of their election ; to notify them of

dismissal ; register the names of the members ; issue all notices required ; and

perform all other duties pertaining to his office as may be required of him by

this association. Sec. 4. It shall be the duty of the treasurer to receive all moneys of the

association and to keep a written account of all receipts and disbursements.

He shall make an annual report in writing to the association, which report

shall be sworn to and subscribed in person before a notary, and his accounts

shall at all times be subject to review by the committee on qualifications for

membership, which shall audit the account not less than once each year. Sec 5. It shall be the duty of the executive committee to determine the dates

of meetings ; pass on actions and reports of all other committees ; perform all duties outlined for it in other sections of this constitution and the by-laws, and

such other services as the president may direct, or the sense of the conference

may demand.

This committee shall consist of the four elected officers of the association

and three others, elected on one-year terms by the association. Sec. 6. It shall be the duty of the legislative committee to familiarize itself with all existing weights and measures legislation ; to draft, or have drafted
76 BUEEAU OF STANDARDS,

by proper authorities, all legislation of Federal, State, or local importance for

which it sees a need ; to assist in securing the passage of beneficial legislation

and to educate the various legislative bodies to a better conception of the

scope and importance of weights and measures work. This committee shall

consist of three persons appointed by the president, of whom at least one shall be trained in the law, and all members of this committee by their acceptance

of the appointment are bound to conformity to the wish of the conference as expressed in its most i-ecent formal action on any subject it may have under

consideration.

Sec. 7. It shall be the duty of the committee on tolerances and specifications to consider specifications suggested by the conference, or by others, or originating with themselves, tending to improve the type of apparatus, or to eliminate

such as is designed to or may be used to facilitate the perpetration of fraud

examine and study types of weights and measures and weighing and measuring

devices for the purpose of ascertaining their accuracy and the details of their

construction; to determine, in their best judgment, what constructions are proper and what tolerances should be allowed, and to make such reports and

recommendations from time to time as they may deem necessary and advisable. Further, to investigate any additional proljlems that may be assigned

for that purpose by the conference and make reports and recommendations

thereon.

This committee shall consist of three persons to be appointed by the president.

Sec. 8. It shall be the duty of the committee on qualifications for membership

to audit all accounts as specified in section 5 preceding, and to try all cases

of alleged misconduct, etc., on the part of members of this conference, or weights-and-measures officials who are not members. On the occasion of any

person or body of persons or any corporation bringing charges of misconduct,

dishonesty, or incompetency against any weights-and-measures officials, whether

said charges are formally preferred or informally asserted, it shall be the

privilege of either the accuser or the accused to call upon this committee for an

investigation of the case. For such investigation the committee shall have

authority to summon witnesses, such summons being mandatory upon any member, senior member, or honorary member of this association, and may administer oaths to Avitnesses. All investigations shall be open, and under no

circumstances shall any person be reported by this committee without full and

open hearing of his case. After thorough investigation this committee shall

submit a report of its findings, with recommendations, to the president for refer- ence to the association, or, if in his judgment the nature of the case be such as

to demand prompt action, to the executive committee. On recommendation of

this committee, it shall be the duty of the president to introduce to the executive

committee or to the association a resolution to expel from membership any

person against whom serious charges of misconduct have been sustained. It shall be the duty of the president, on recommendation by this committee, to introduce to the executive committee or the association a resolution to disbar

from future intercourse with this association any person, persons. Or corporation

found to have made charges of misconduct, etc., without proper justification, or with malicious intention to harm the reputation of the accused, or with knowledge of their falsity, for political effect. Upon acceptance by the

association (or executive committee) the written report of the committee on

qualifications for membership shall be forwarded to each party in the contro- versy investigated, to the governing bodies or oflScials of the jurisdiction affected,

and (if the executive committee deem the case so serious as to warrant it) to the press for the information of the public. This committee shall consist of

three persons. Its expenses shall be defrayed from the treasury of the association at the discretion of the president.

Mr. Farkell. Does the section provide for a hearing?

Mr, Spierman. The provision is that the committee, acting under

the guidance and at the discretion of the president, shall investigate

and report.

Mr. Farrell,, I would suggest that some amendment be put in there

that the committee give a hearing to the accused and that the committee be authorized to issue subpoenas or notice in the nature of a subpoena to call witnesses before them, and that no action whatever

be taken hj the committee until the accused is heard and allowed to

bring forth his witnesses.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 77

Mr. Sherman. We assumed that the committee would, have common sense, and that the president would appoint members who had

common sense. The Chairman. I think it would be well to put that in. It simply

makes the matter clear.

Mr. Farrell. As I understand, it will be so amended ? The Chairman. Yes.

Mr. Sherman. The constitution continues as follows:

Article VI.

NOMINATION AND ELECTION OF OFFICEES.

Nominations sliall be by petition. Any petition delivered to the secretary

previous to tlie call to order for the election of officers, and signed by not less than 10 members, of which 3 must be senior members, shall suffice to place

the name of the candidate in nomination.

Sec. 2. Election shall be by majority vote. If on the first ballot no candidate

has achieved a majority, a second ballot shall be taken, with all but the three

leading candidates eliminated from consideration. If there still be no majority, a final ballot shall be taken with the third candidate eliminated.

Abticle VII.

AMENDMENTS TO CONSTITUTION.

Every proposed alteration, amendment, or addition to this constitution or the

by-laws hereto annexed must be submitted in writing to the secretary of the

association, who shall notify the members present at the next regular meeting,

at which time the said amendment, alteration, or addition may be adopted by

a two-thirds vote of each class of members present.

Aeticle VIII.

SUSPENSION OF BY-LAWS.

A by-law may be suspended in case of an emergency by a two-thirds vote of

all members present.

Aeticle IX.

This constitution shall be in effect immediately upon its passage.

Mr. Sharp. I move that the constitution be adopted as read.

(The above motion was duly seconded.)

Mr. Richardson. I favor an amendment to Article I of this constitution to make it read as follows

The association shall be known as the " National Association of State Weights

and Measures Officials." The Chairman. You have heard the motion to adopt the constitution as read as a whole. Those in favor say aye, opposed no. (The motion was agreed to.)

Mr. Sherman. I will now read the by-laws. [Reading :]

BY-LAWS.

Aeticle I.

meetings.

This association shall hold its meetings annually, during the month of May,

at Washington, D. C. The specific days on which the sessions shall be held

shall be determined by the executive committee from year to year.
78 BUREAU OF STAjSTDAEDS.

Sec. 2. At any meeting regularly called by the president, after due notification to the membership, those present shall in all cases constitute a quorum.

Sec. 3. The president may, in his discretion or on recommendation of the

executive committee, call a special meeting of senior members. At such special

meetings no formal action shall be taken on any matter other than those on which the senior members have the sole voting privilege, as defined in Article

III, section 3. of the constitution. Sec. 4. The president may at any time call a special meeting of any standing

committee.

Mr. Farrell. I object to section 1. I have been directed by the

State association of New York to come here and move that the next

conference be held in the city of New York. As I said this morning,

the question of weights and measures has become of vital interest

in the State. It has become doubly so in the city of New York.

There is now in process of formation a committee of 1,000 of the

largest wholesale dealers in all parts of the United States to cover the cause of weights and measures. If it is possible for this conference

to meet in the city of New York next year, I firmly believe that the

question of weights and measures throughout the United States and

the interest in it would be furthered to an extent never before

dreamed of by any of us. I therefore move you that this section be

amended so that every year we will vote as to where the next con- ference will be held.

Mr. Shermak. Mr. Chairman, I want to state that this question

has been thought about somewhat and was argued a little last spring

and argued everywhere where people had talked about it during the

past year, and, outside of a very few, the opinion had seemed to be

imanimous that not only was Washington a good place, because Congress is here, because we have here at the bureau better facilities for

demonstration than elsewhere, but also because all over the United

States the officials can get their legislative bodies, their mayors, or

their governors to send them to Washington on official business who

never would be convinced that a meeting any place else would amount

to anything but a junketing trip.

In addition to that, I want to call attention to next to the last

article in the constitution, which provides that a by-law may be sus- pended by a two-thirds vote of all members present. In other words,

we may suspend this by-law by a two-thirds vote of all present at

any time there appears to be a reason why we should meet in some

other city.

Mr. Starn. I would like to ask the gentleman from New York

what it would sound like from a national point of view if New York

City desired that a session of the United States Senate be held in

New York City? What the gentleman says sounds very nice, but I

do not think it would be judicious. This is a national body ; this is

the city of our National Government; here is the Bureau of Standards ; and that is an answer to any question that might be conceived

by many minds, as I see it. The Chairman. Gentlemen, there is a good deal to what Mr.

Farrell has said. It is a question which has troubled me a great deal.

I have found the fundamental requisite was to get representatives

all here at Washington, not only on account of the importance of

national legislation but on account of the touch of the association

with the bureau, and I had hoped the bureau might be a clearance

house of weights and measures apparatus and things of that sort.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 79

On the other hand, there would be a good deal to be gained by having

an occasional meeting somewhere else. That can be done by suspending the by-laws ; or we may come to a plan which has been adopted

by some of the organizations connected with the Government which

have a midyear meeting.

Mr. Starn. This is a national body, and this is the seat of Government. If we could go to New York or Milwaukee you would find

your humble servant there, and if we are coming to Washington I

might be prevailed on to come, but not prevailed on to vote. I am

happy to say if you want to go elsewhere, I would like to have the

convention go to New York some time when I am going there.

Mr. Lincoln. We have had some trouble with our board of auditors in Lansing, sending out delegates, and they take the position

that when these delegates go out it is sort of a pleasure trip, and if

you are going to change the place of meeting I would suggest that

you move it to Chicago, which is more central, and not move it off to

one side of the United States. It is about all we can do to get down

to Washington. Our commissioner doubts very much if the board

of governors will allow him to go to California to the food show, as they regard it as a junketing trip. Therefore I do not believe you

should change the place of meeting from city to city.

Mr. Umpleby. If you could move the Bureau of Standards to New

York it would be all right, but as you can not move it, I suggest

Chicago, which would be right next door. There is one other matter

that is worth considering, and that is the time. A man coming from

the West can often get over here at one-half fare for some national

event that is bringing a lot of people. Next week we have an ex- cursion rate from the West which would save one-half car fare, and

it might not be advisable to set the time for next May so far in

advance.

The Chairman. I am not sure but what we can get special rates

for this convention.

Mr. Adams. Mr. Chairman, beginning the 1st of June the railways always offer a rate east to New York and Washington at one

and one-half fare for 60 and 90 days, and I feel sure if we had the

convention later in the year, say, the beginning of the first week in

June, we would no doubt get a great many more delegates.

Mr. Sherman. Your committee has thought about those things

and studied them. The only reduced rate at this season of the year

that can be counted on, year by year, is the reduction that comes on

all trips to Washington around Decoration Day. There is the prime

argument for setting the date in the month of May. The summer

rates go in effect in June, but if you come here once in June you will never come again. There is no one who spends a week here in Washington after June if they can help it. On the other hand, there is

another thing to be said, which is that most of the delegates who

come from long distances are delegates who are sent by their States or cities, and the States or cities are going to send them, and the

question of whether or not they get an excursion rate will not have

much to do with it. You will notice that the specific days on which

the meetings are to be held is left to the executive committee, in order

that that committee might adjust dates to good advantage.

The Chairman. I think we may trust the executive committee to

do that. I will have the matter of rates looked up.
80 BUEEAU OF STANDARDS.

Mr. Faeeell. I move that a vote be taken on the amendment as I made it, inasmuch as I Tvas directed by my State officials to make

it. My motion is that " in the city of Washington "' be eliminated.

(The motion to amend was seconded, and the amendment was

rejected.)

Mr. Sheeman. Article II of the by-laws reads as follows:

Aeticle II.

INITIATION OF MEMBERS.

At the initiation of any new member, senior member, or honorary member of

tliis association, the initiate shall make the following oatli or affirmation

"I do hereby swear (or affirm) that I will, so long as I shall retain the

position through which I became eligible to this association, at all times strive,

both directly in my work and indirectly through my influence, to secure such

legislation and such administration of laws, as to insure at all times and in all places the protection of just weight and just measure to both parties in every

transaction; so lielp me God."

Mr. Faeeell. Under the law is not every appointee and every State

man compelled to take the oath of office before he is entitled to the

emoluments of said office?

The Chairman. I presume he takes an oath with reference to the

duties of his office. Mr. Faeeell. I think such a provision in these by-laws is out of

place. I do not think it nice to hold such a by-law up to the public

generally; that the association to which we belong demands that

we take an oath that we are going to do our duty ; that we are going

to be honest ; and that we are going to see that everyone will get his

just deserts.

Mr. Sherman. In answer to that, I want to say that this goes a great deal further than anything Mr. Farrell has outlined. The men

are not always sworn in to anything like this oath. I myself, for instance, was sworn to uphold the Constitution of the United States

and to make correct accountings, but there was absolutely nothing

that left me with any feeling of being definitely bound to observe

all the time that there are two parties to every deal, and I find in

traveling about that the majority of sealers do not realize that they

owe a duty to each party in the deal. I find the sealer on every

hand who says he will pass the scale if it is slow—he only condemns

it if it is fast. I find also the sealer who regards his duty as entirely

ended when he has inspected the scales in his own territory and sealed or condemned them. He then considers his duty entirely ended, and

he has no interest if the scale he has condemned in his territory is

moved 50 yards to the other side of the State or county line and is

in service over there. This is binding every man to extend his influence beyond the Sphere of his oAvn jurisdiction, to try to give just

weights and measures in every place.

Mr. Faeeell. If I was not a member of the conference at this time,

and was asked to subscribe to such an oath as that, I would refuse

to do so. The Chairman. I think we should very carefully consider this. I

am not a lawyer, but it seems to me we may find ourselves in the

position of having conflicting oaths.

Mr. Starn. Mr. Chairman, this is not a secret organization, and the

oath is irrelevant. I have sworn thousands of people in an official
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUEES. 81

capacity, and it is mighty little I would give for a man's oath. If

a man has no honor, his oath is not worth anything, I move that

that section be stricken out.

(The motion was seconded and agree to.)

Mr. Sherman. Article III of the by-laws will now become article

II, and it reads as follows:

Article II.

The dues of this association shall be : Members, $1 per year ; senior members,

$5 per year. Honorary members shall pay no dues. Dues shall be payable in

advance on attendance at the annual conference of the association, on the first day of the meetings, and no active participation in the meetings of the con- ference shall be allowed to any member or senior member until his dues for said

conference are paid.

Mr. Richardson. I favor an amendment to the by-laws, to strike

out Article II. Dues should not be assessed against any but voting

members.

Mr. Farrell. I move, Mr. Chairman, that we adjourn for dinner.

(The motion was seconded and agreed to.)

(Thereupon, at 6.05 o'clock p. m., the meeting adjourned to meet at

10 o'clock a. m. Wednesday, May 26, 1915.)

24309°—16 6
THIRD SESSION (MORNING OF WEDNESDAY, MAY 26,

1915).

The conference reassembled at 10 o'clock a. m. at the Raleigh Hotel

in joint session with the American Scale Men's Association, Mr.

William Waldron, of New Jersey, presiding as chairman.

The Acting Chairman. In the absence of Mr. W. F. Titcomb, who

was to give us a paper on "The troubles of a beginner," the next

paper to be given will be No. 8 on the program, " Report on railroad

track scale tests, conducted by the Bureau of Standards," by Mr.

C. A. Briggs, of the Bureau of Standards.

REPORT OF RAILROAD TRACK SCALE TESTS CONDUCTED BY THE BUREAU

OF STANDARDS.

By Mr. C. A. Briggs.

In 1901 the National Bureau of Standards was established by Congress to meet the modern needs in standards and standard measurements. As rapidly as was consistent with the proper execution of its

Avork this bureau has taken up the functions as prescribed in its or- ganic act, which functions may be briefly stated to be

(1) The custody of standards.

(2) The comparison of standards presented for verification.

(3) The construction of standards of new form or character as required by industrial, technical, or scientific progress.

(4) Standardization of apparatus to test the output of manufacturers.

(5) Technical research in connection with the problems which

arise in the construction, use, and preservation of standards.

(6) The determination of physical constants.

(7) The determination of the properties of materials.

One of the most important and fundamental functions of the Bureau of Standards is to provide standards of weight or mass. Enormous business is transacted over railroad track scales and other scales

of large capacity, so that it is a matter of importance that accurate

and authentic weights of large denomination be provided for testing

them. In order to meet this need the railroad track scale-testing

equipment of this bureau has been provided by a special act of Congress.

At the conference held here in Washington a year ago the operation

of this testing equipment was demonstrated at the navy yard, but

for the benefit of those who were not present at that time a iDrief

description of the equipment will be given here.

The equipment consists essentially of eight 10,000-pound weights,

four 2,500-pfvmd weights, 10,000 pounds of 50-pound weights and

smaller weights, so that the range of the equipment is, in round numbers, from 100,000 pounds to one one-hundredth-thousandth pound.

82
TENTH ANNUAL CONFEKENCE ON WEIGHTS AND MEASURES. 83

The weights are housed and transported from place to place in a

specially prepared freight car, which is equipped with machinery for

handling the weights, and with a gasoline engine driven electric generator for furnishing the required power and light.

In making the tests on railroad-track scales the weights are carried

on a four-wheel truck having a 5-foot wheel base, which forms a part

of the equipment and is itself a standard weight. The test load is

moved from point to point on the scale or track by means of a motor

mounted upon the truck. The electrical connection between the

truck and the car is established by means of a wire cable which is disconnected whenever a weighing is to be made.

The equipment includes special instruments and apparatus, such

as balances for testing small weights, strain gauges for making investigations relating to the design of scales, and other apparatus to

meet special needs.

This equipment differs radically from the test-weight cars ordinarily used by the railroads for various reasons. The equipment re- quired by this bureau was one in which it was necessar^^ that any value

of weight be available for testing ; that the weights be of such a form

as to preserve to a maximum degree their accuracy over long periods

of time ; that the test weight or test load be such as to be unaffected

by transportation ; and that the weights be of such a form that they

could be verified in the field if it became necessary. None of these

requirements were met to the required extent in the equipment previously used for testing railroad-track scales, so that the arrangement

adopted was a new departure.

The functions of this test car may be briefly stated as

(1) To furnish authentic standard weights of large denomination,

hitherto lacking, for standardizing other weights used in technology

and industry.

(2) To test the accuracy of large scales and weighing machinery

used in commerce and industry.

(3) To standardize master scales, such as are used by railroads in

standardizing their test cars. (4) To investigate and determine the conditions under which scales are maintained.

(5) To determine the equipment and tests required to properly

test, adjust, and maintain scales.

(6) To study the mechanism of the scale in reference to the proper

design and construction of the parts of the scale.

(7) To secure information for scale specifications which can be

used as the basis of the construction and purchase of scales by the

GoA'ernment and private individuals.

(8) To assist in the study of weighing methods and conditions

in general in order to determine what practices are conducive to

mistakes and bad results in weighing.

(9) To determine what variations are to be expected in the weights

obtained for various commodities under the conditions under which

they are weighed and transported.

It is apparent that this is a large and important field in which

everything can not be accomplished at once. Since the car has been in service scales have been tested in Connecticut, District of Columbia, Florida, Georgia, Illinois, Indiana,
84 BUREAU OF STANDAKDS.

Iowa, Minnesota, Missouri, New Hampshire, New Jersey, New York,

North Carolina, South Carolina, Vermont, Virginia, West Virginia,

and Wisconsin. In these States scales have been tested for private

individuals, railroads, scale manufacturers, officials of the various

States, and A-arious department of the Federal Government.

At the present time over 300 track scales have been tested, and

tests have been made also on elevator hopper scales, crane scales,

wagon scales, coal tramway scales, and scales of smaller capacity.

It is not necessary to enumerate here the various defects which

are common to scales, as these will be presented at a later date in a report on this subject. It is probably sufficient to state for the

present that a large portion of the scales upon which business is

transacted are not giving accurate results, it being nothing unusual

to find errors from 1,000 to 2,000 pounds. These errors arise from

two sources, first, the design of the scales are often such that they are inadequate to perform the service required of them, second, the scales are often inadequatel.y tested and maintained after they are installed.

The fact that at the present time the Bureau of Standards has

but one equipment available has naturally made it necessary to spend

most of the time in tests of a more or less routine character, but a few opportunities have been taken of favorable conditions and

special investigations respecting the engineering aspects of scales

have been made. In spite of the fact that such investigations were

made m a preliminarj'^ way the information so obtained appears to

give important information fundamental to the proper design of

scales, Avhich is available nowhere else. It is expected that with the new equipment a program of special

tests will be carried out in which rather technical though important

subjects will be investigated.

In the study of large scales this bureau has collected information

for the purpose of preparing specifications for them. These specifications may be divided into two kinds: Namely, first, general

specifications relating to the installation of scales in respect to their use and maintenance; and second, specifications in respect to the

capacity of scales.

At the present time the Bureau of Standards has practically completed the specifications for railroad track scales and auto truck

scales, both in respect to general matters and in respect to capacity.

It is the intention to issue these in preliminary form so that full

advantage may be taken of suggestions and criticisms offered.

Of the many subjects considered, the capacity rating of scales is one of the most immediate interest. Considerable attention has been

given to this matter recently by others, but the problem has largely

resolved itself into the application of fundamental engineering principles to the particular situation presented. This may be divided

into two parts, namely : First, the specification of those factors which

are fundamental and must always be provided for if scales are to be

designed upon a rational basis, and second, the selection of the material, the working stresses, and the determination of representative or standard conditions for which provision must be made.

In becoming familiar Avith the details of the matter, old and new

designs of scales ha'^'e been carefully analyzed and some A^ery interesting facts respecting them have been brought to light which ex- plain the results which have been found in testing scales.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 85

In a great many instances the capacities attributed to scales bear

no relation to the service the scales are capable of performing. For

instance, it has been a very cominon practice to state the capacity of

a railroad track scale as the sum of the maximum loads the individual sections are capable of supporting—a practice which does not

quite parallel, but which is as fallacious as establishing the strength

of a chain as the sum of the strengths of the connecting links. In

order to assist in correcting this matter the Bureau of Standards

is emphasizing the fact that the capacity of any scale should represent the load it is capable of weighing under normal working

conditions.

If an ordinary track scale is referred to, the required service is to

weigh individual freight cars. If the capacity is stated at 100 tons

it should be capable of weighing cars which weigh individually 100

tons and to support a train of such cars passing over the scale. In

this way the capacity of the scales will be expressed in the simplest

and most direct terms.

In the matter of establishing what might be termed a rational

basis for determining the capacities of scales we apparently have

the support of the scale companies, though it appears that there is

some apprehension as to what will be the result of lopping off the

capacities to the extent indicated.

The matter of introducing the use of the new capacities can probably best be accomplished by having it thoroughly understood that

the specifications are Bureau of Standards specifications, which are based upon well-defined principles.

The capacity of automobile truck scales has also been studied.

Data respecting the weight and distribution of the weight on the

wheels has been secured from practically every manufacturer in the

United States and specifications for auto truck scales have been

drawn up in accordance with this information. It is hoped these

will soon be ready for distribution.

The future work will continue that now being carried on and as soon as routine matters and the completion of work now being con- ducted will permit, the work will be extended and systematized.

In reference to technical features of scale construction it is hoped

that a special study of the wear of steel knife edges can be conducted

and that a special machine can be devised for testing them under

conditions experienced by knife edges in use. Cast iron is generally regarded as a treacherous material to use,

but scale levers are generally constructed of this material. The effi- ciency of cast iron in levers and parts of various shapes will be

studied so that the best possible designs can be developed. This

study will form a part of the more general one of engineering structural materials now being conducted.

It is hoped that the technical work now being carried out will re- sult in a maximum uniformity and efficiency in the construction of

scales, consistent with the fullest individual freedom of design upon

the part of the various manufacturers.

In the coming year it is hoped that plans can be put in operation

whereby the facilities of the test car will be made more generally

available by giving more attention to master scales, which in turn

will serve as the source of standardizing scales in their respective

localities.
86 BUREAU OF STANDARDS.

The Acting Chairman. Is there any discussion or are there any

questions to be asked ? Mr. Sweeny. Mr. Chairman, I rise to a question of privilege. I

was unavoidably absent yesterday at the afternoon session, and I

would like to be recorded as voting against the constitution and bylaws.

The Acting Chairman. The next subject on the program is "A

method of adjusting railroad track scales," by Mr. H. L. Van Keuren, of the Bureau of Standards.

A METHOD OF ADJUSTING HAILKGAD TRACK SCALES, BY MR. H. I. VAN KEUREN, BTTREATJ OF STANDARDS.

The installation of a new piece of apparatus, representing as large

an outlay as does a track scale, usually receives considerable attention. Great care is taken to have a suitable foundation, a good set-up,

and in general a neat and modern installation.

No less important is the maintenance of the scale which covers a period equal to its life. I'^Tiile no great amount of work may be

done at one time, yet, during the course of 8 or 10 years, considerable

more attention is given the scale than during its construction.

Scales must be overhauled occasionally, repaired frequently, and adjusted continually.

It is of a particular phase of this important work, the adjustment

of railroad-track scales, that the present paper is concerned, namely,

the proper use of a test car and the interpretation of the observations, that will in general facilitate the adjustment.

Before an adjustment can be made on a scale, to correct the errors of multiplication, the actual errors in the individual sections must be

known, and such observations as are made with a test car previous to

the adjustment are for the purpose of determining these actual errors of the sections.

It is not feasible with a two-truck test car to separate the errors of

the sections, a single-truck test car being essential. The shorter the

wheel base of the test load the more accurately can the errors of the

various sections be ascertained. Of the one-truck test cars in general

use, even those which have the shortest wheel bases are such that

when placed over a section of a scale the load is not entirely carried

by that section, but a very appreciable portion is carried on the adjacent sections. Consequently the reading on the beam will include the

effects of the inaccuracies of the adjacent sections.

The observed error of a section may accidentally be the same as the actual error of that section, as when the load is transmitted only

through sections having the same actual errors, or it may widely

differ by an amount depending upon the difference between the

actual errors of the sections that receive the component parts of the

load. In general, the observed or apparent errors differ from the

real or actual errors of the sections. The practice has been to estimate, from the observations, the nature of the real sectional errors,

the adjustments then being made in accordance with this estimate.

With this method, however, repeated trials are often necessary to secure the desired result. A numerical example will serve to show

some of the difficulties that are encountered.
TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES, 87

Figure 1 shows a four section articulated girder scale, with the

test truck in the positions that are ordinarily used, both in test and

adjustment. On this scale, which has articulated girders over 12.5-

foot spans, the 5-foot wheel base test truck used gives a maximum

load concentration on one section of 80 per cent, whether the truck

be centered over a section, as is done on the inner sections, or offset so that one wheel is just over the section, as on the end sections.

The notation used for the observed errors is the capital E, while

that for the actual errors of the sections is the lower-case e, the

subscripts in each case denoting the sections, which are numbered

from left to right when facing the platform with the beam between

the observer and the platform, namely, L, 2, 3, and R. A plus error

signifies that the beam reading exceeds the load on the platform, a minus error the opposite condition.

In the present example suppose that with a 100,000-pound test load the actual sectional errors are eL=0, e2=0, 63=—500 pounds,

and eR=-l-500 pounds. The observed error of section L would be

zero, as all the load is transmitted through sections having zero

error. The observed error of section 2 is —50 pounds, 90 per cent

of the load being carried by sections 2 and L, which have zero errors,

noon Q

Fig. 1.—Ordinary positions of test truck for testing and adjusting,

and 10 per cent being carried by section 3, which contributes the —50 pounds. For section 3 the observed error consists of 80 per

cent of the actual error of section 3, or —400 pounds, and 10 per

cent of each of the actual errors of sections 2 and E„ or and +50

pounds, respectively, which gives the observed result of —350

poimds. The -|-300 pounds observed for section R is the result of

80 per cent of the real error of section R plus 20 per cent of the

real error of section 3. From the test all that is known are the observed errors, and the

adjustment of the scale proceeds under some difficulties that will now

be shown.

The observations tend to indicate that section 2 is incorrect by —50 pounds, which of course is not true, as the actual error of section

2, as well as that of section L, is zero, and no adjustment is necessary

for the left end of the scale.

The observed error of section 3 is —350 pounds, while that of

section R is +300 pounds. It is the common practice to first equalize these observed errors, which is done by moving the nose iron on

the end extension lever. If the leverage is so changed that the

reading obtained with the truck on section R is —350 pounds (see
88 BUREAU OF STANDAEDS.

figure 2), the corresponding error of section R will be —310 pounds.

The car is then placed on section 3 and a reading of —430 pounds is

obtained. The leverage may then be further adjusted in the same

manner, and after a few trials the observed errors of section 3 and

section R may both be made equal to —440 pounds. The actual error of section 3. however, remains the —500 pounds and that of

section R is now —430 pounds. When the right end is quickened

440 poimds, neither section R nor section 3 will be correct, the errors

n a 5

f

-^30

o o n.

Fig. 2.- -Showing diflBculties of adjustment with ordinary positions.

observed being —50 and —5 pounds for sections 3 and R,

respectively.

The difficulty lies in the fact that in the adjustment the attempt

is made to equalize the observed errors of section R and of section

3, while the observed error of section 3 is being distorted by the

part which is contributed by section 2. While it is possible to determine mathematically the values of all

the actual errors of the sections when the truck is centered over the

inner sections, as is the general practice, the solution entails a
TENTH ANNUAL CONFEKENCE ON WEIGHTS AND MEASURES, 89

tremendous amount of labor and its use is consequently impracticable. If, however, a different method of placing the test load is

used, the problem is so simplified that the actual sectional errors may be easily obtained, and whether or not they are computed a

better condition exists. The improved method of loading is as follows

Instead of centering the test truck over the inner sections, offset

it toward the end sections so that one wheel is just over the section

(see fig. 3). With this method the same load concentration is maintained on the section and the load is confined to two sections. At once

the problem is simplified in that the number of quantities involved in

the adjustment is reduced from three to two. No misleading indications are present in the observations for sections L and 2, while the

adjustment of the right end of the scale is readily accomplished if

the loading is made in this manner.

It is apparent that if the real sectional errors were both —500

pounds the observed errors would each be equal to —500 pounds.

This condition may be obtained by making the observed error of

section R equal to the actual error of section 3, or —500 pounds,

O o o o o

\ ! 1

1

Fig. 3.—Improved positions of test truck for testing and adjusting.

after which both sections may be quickened by the same amount

and both errors corrected.

The actual error of section 3 is not Icnown, but may be found

from a simple relation, namely, the actual error of any section is

equal to the observed error of that section minus the observed er- ror of the adjacent section, times a constant, plus the observed

error of the adjacent section, or e^-=-{E^—E^N-\-E.i^.

The proof of this equation is as follows

Let and be the actual errors of sections 1 and 2 ; that is, these errors would result if the test load were entirely carried by one

section. The load that is carried on section 1 when the truck is

placed as shown in Fig. 4 is TF ^ > where Tf is the weight of the

truck, L the length of the span, and 2a the wheel base of the test

truck. This factor ^ ^

» which when multiplied by the load Wgives

the amount of load on the section is called the load factor Z>. The

fraction of the load that is carried by section 2 when the truck is

placed adjacent to section 1 is then 1-D.
90 BUREAU OF STANDARDS.

It is apparent then that the error E^^ observed for the position of

the truck as shown in Fig. 4, will be composed of the real errors of

sections 1 and 2, the amount contributed by each section being proL-a J

3£CTJOAt2

Fig. 4.

portional to the load it receives. The following equation may then

be written

(1)

For a corresponding position of the truck adjacent to section 2 a similar equation may be written, namely:

^,=Z>e,+ (l-Z>)e,.

Multiplying equation (2) by there results:

(i-z>)„ {\-i)y , ^,

Subtracting equation (3) from equation (1) there results:

(2)

(3)

il-D)

D

(l-Dy

D

^1

D

Solving for there results

D

(2D-1)

D

'

E^-^^E, (4) (22>-l)

The term 2])^— i replaced by N, and

^ ^j J^j^ ^7 1)

D , D-2D+1 1-D
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 91

Substituting these values in equation (4) it follows that

e,= NE,-{N-l)E,= N(E,-E,) + E,

The value of N which is equal to 2]^— 1 ^® expressed in terms

of length of the span and the wheel base of the test truck used by

substituting the value of Z> = —^ iu. the above equation, or L — a L—a

y L L L — a ^^

2{L-a) ~2L-2a-L~L-2a

L ~^ L

The Value of N may be computed from the above formula, but it

is for convenience plotted in the form of curves, as shown in figure 5.

FlG. 5.—Reduction factors for obtaining actual errors of sections from observed errors.

It should be noted that the values of N ai-e relatively large for

long wheel-base test cars. It follows, then, from the formula that
92 BUEEAU OF STANDARDS.

the longer the wheel base of the test car used the greater will be

the difference between the errors of the sections and the observed

values, and the use of a long wheel-base test car makes the proposed

method more necessary than if a short-test car is used.

Eeturning now to the adjustment of a scale having errors as shown

in figure 3, for the scale under consideration, which has 12.5-foot

spans, we find the value of iV for

n.

£,=-^90

Q a

Q a

63= -t^OO

£a = -SCO

a o

_o

T

n D

a five-foot v/heel-base test truck

to be equal to 1.33, and using

this value in the formula we find

that e3=(—300—^300) 1.33+

300=—500 pounds.

If the leverage is then adjusted so that the observed error

of section R is —500 pounds, the

observed error of section 3 would

be —500 pounds and the actual errors of both sections would be

—500 pounds. Both sections are then corrected by moving the nose iron on the center extension

lever.

If instead of using the foregoing method of finding the

value to which section II is to be

adjusted, the correct result may

be obtained by trial. If E

made —300 pounds. Eg will be

—450 pounds (see figure 6).

Then Er is made —450 pounds

and Eg becomes —490, and so

on, until Er equals —500 pounds

and Eg equals —500 pounds.

The real errors of section 3 and

E are, under these conditions,

both equal to —500 pounds, and

when the right end is then quickened by 500 pounds the sectional errors disappear. In the case of a five or six section scale, where

it is desired to bring the errors

of three sections to the same

value, the method of procedure

is as follows: The two sections

nearest the fifth lever are first

made to have the same real errors as previously outlined. The errors observed for the offset

positions of the truck on the span between these two sections will then

be equal to the real errors of the sections. The end section is then

adjusted until the observed error for the position of the truck adjacent to the end section is equal to the real errors of the other two

sections or the errors observed when these two sections are in a condition of adjustment.

n o

£-jt = -SOO

n D

^

Fig. 6.—Showing adjustment by

method with pi-oposed loading.

trial
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 93

_ The discussion so far has been applied to scales of the articulated

girder type, but the method may be applied with advantage to

scales having continuous girders, as experiment shows that the load

distribution of the continuous girder scale agrees closely with that

of the articulated girder scale.

Figure 7 represents a four-section scale, 50 feet between the end

sections, with continuous girders, consisting of two 24-inch 140-

pound I beams, over the equal spans. With the 100,000-pound test truck centered over section 2, 81,000 pounds, or 81 per cent, was

transmitted through section 2, and this is represented on the upper

Poz/vrs SMOW //i cues Obta/i^eo b/ £xP£:^//^£/^r

F'CU/VDS

/oo.ooo30,000-

80.000-

70.000-

60.000-

•5O.OO0- 40.000-

30.000-

ZO.OOO

lO.OOOo

VST T^uc/c

n / >\

> /

o

- IOC

90

80

70

6>0

-SO

-40

-30

-20

to

/oo.ooo3O.OO0-

80.000

70.000

60.O0O

SO.OOO

40O00

SO.OOO- zo,ooo

to. ooo o

ST

z 3 V

lOAo o/v-5£:cT/o/v-lO/' Test T^cfCf^-

/V/eCiTA'/" - lOO

- 90

-00

-70

kO

so

40 30

20

10

O

I Z 3 /t

Fig. 7.—Load distribution of 4-section scale, 50 feet between end sections with 24-inch

140 I beams, forming continuous girders.

curve by the length of the line drawn through the center of the

truck.

The dots represent the values obtained by experiment and the full

lines represent the values computed by assuming that the girders

are articulated over the sections. The height of the upper curA^e

represents the amount of load that is carried by section 2 as the

truck center is moved to different positions on the scale. As the

truck is moved away from section 2 the concentration on section 2

decreases uniformly until one wheel crosses the adjacent section

(section 3), when the concentration decreases at one-half of the

former rate. When the truck is placed just tO' the right of section 3, as is done in the proposed method of loading, so that one wheel is
94 BUREAU OF STANDARDS.

just oA-er the section, there is no load carried on section 2. In a like

manner, if the test truck is placed to the left of section 2, no load is

carried on section 3, the load being confined to section 2, which carries 81 per cent, and to section L, which carries 19 per cent, as shown

on the lower curve.

It should be noted that for the articulated girder construction

the load concentration for a given section is constant as the truck

passes over that section. Thus the same load concentration is maintained with the truck having one wheel over the section as when the

truck is centered over the section.

Figure 8 shows another example of agreement between experimental values of the load concentration determined on a four-section

scale with continuous girders consisting of four 80-pound I beams.

The agreement in this case is not quite as well marked as in the previous example. However, the determination of the experimental

points was not as accurate as in the first example. The agreement

is, however, sufficiently close in both cases to justify its use in the

present connection, at least until future investigations disclose something better.

It is advisable then, when adjusting a track scale either of the

articulated or continuous girder typ'e, to use the offset method of

loading, as explained. The use of a relatively long wheel-base test truck makes this method even more necessary.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 95

The advantages of the offset loading may then be summarized as follows

(1) The load concentration on the section is the same as if the

truck is centered over the section.

(2) The resulting observed errors are composed of the errors of

only two sections.

(3) The nature of the sectional errors is easily determined from

the observed errors. (4) Whether or not the formula is used the adjustment of the

multiplication of track scales is simplified.

The Acting Chairman. In view of the fact that there are so many

railroad track scale men present, if there is any question they would

like to ask, the gentlemen would be glad to answer. [After a pause.]

If there are no questions we will have the next paper on the program,

"Automatic scales," by Mr. F. J. Schlink, of the Bureau of Standards.

ATTTOMATIC SCALES, BY F. J. SCHLINK, BTIREATJ OF STANDAEDS.

I. INTRODUCTION AND DEFINITIONS.

For the purposes of this paper, weighing scales may be divided

into two classes, viz : Scales in which the weight of the load is determined by the manipulation of suitable balancing or equilibrating

means, through the agency of an operator; and those in which the

weight is obtained by merely placing the load to be weighed upon

the scale and reading the indication of some self-acting mechanism.

The first class comprises the various forms of lever scales and balances, and the second is a class which we shall call by the generic

name of automatic scales. Automatic scales, again," are foimd in

many forms, of which the following are the principal types

(1) Scales in which the reading or registration is obtained directly

through the agency of a variable equilibrating element which takes

up a position or suffers a deformation dependent upon the magnitude

of the load being weighed, this change of position or shape being re- produced in terms of weight indication through a suitable reading

or recording device.

(2) Scales which perform repeated weighings of a definite amount

of commodity, which though fixed for a single setting of the scale

may be adjustable within a certain range. Such scales are commonly

arranged to receive a continuous supply of the substance to be

weighed, usually of a granular or powdered form, supplying it to the

weighing elements until the predetermined weight is attained, after

which the mechanism operates so as to discharge its load, then being

in a condition to receive a new draft of the material. Scales of this

sort are particularly adapted to the apportioning of a product into

packages, or the weighing of a large quantity of a commodity by

dividing it into separate equal portions, the total weight being determined as the summation of the several drafts.

Under the first head given above we may also consider those

scales in which the equilibration of the load is secured in part by

hand manipulation and in part by an automatic or self-acting mechanism. These may be called semiautomatic scales.
96 BUREAU OF STANDARDS.

Automatic scales of class 1 and of the subclass of semiautomatic

scales, to which I have just referred, are made in various forms and

used in many branches of industry and trade. The ordinary computing scale, the penny-in-the-slot personal scale, and others are familiar examples of this type.

Semiautomatic scales consist usually of a combination of a selfreading mechanism with a sliding poise or added counterpoise

weights, this modification being provided either to increase the

weighing capacity without requiring too close a spacing of the graduations on the reading face or to afford a means of making, as by

means of a tare beam, a mechanical subtraction of the weight of a container or vehicle, so that the weight which is indicated automatically will be the net weight of the commodity.

The second main division comprises the many forms of so-called

packaging, bagging, or clumping scales; their use is restricted to

applications of a more or less special nature.

The scope of this paper will be limited chiefly to those forms of

automatic scales of especial interest to weights and measures officials,

and I will attempt to outline the principles and elements of construction available in the design, and of interest in the testing or adjustment of automatic scales of these more usual types.

II. MEANS FOR OBTAINING AUTOMATIC INDICATION.

Generally speaking, automatic indication, as has been indicated

above, may be obtained by the application of the forces which are transmitted from the weight of the load to some mechanism which

takes up a definite shape or definite position for a given magnitude

of the load. J'his implies the use either of an elastic body, the deformation of which bears some known relation to the external forces

applied to it, or a system of nonelastic bodies, such system having a definite configuration for a given magnitude and direction of the

forces which are applied to it. The first class of apparatus is exemplified in the spring scale ; the

second in pendulum and cam scales. These more common types of

construction we will next take up in order, though it should be re- membered that they may be and frequently are used in combinations

of various sorts. (a) SPRING SCALES.

Of the many varieties of springs which might be used in automatic scales, the helical or screw spring, sometimes loosely termed

the spiral spring, is the most common. Its form is such that it can be made cheaply in quantities, while the wire of which it is composed

is fairly uniform in its properties, and the stiffness of the completed

spring may be varied over a considerable range by simply varying

the number of active turns.

In the simplest spring scales the extension under load is read

directly by a pointer carried on the free end of the spring and passing along a graduated face. In other forms, where greater precision of reading is required, and where such extreme portability

and ruggedness are not necessary, the changes in length of the spring

are magnified by some suitable mechanism and transmitted to a
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 97

convenient reading face. This mechanism in its commonest development is shown in figure 1 and consists of a rack and pinion, the rack

being connected to the free end of the spring and engaging with a pinion which is made part of a rotating arbor or spindle, upon which

is mounted either a pointer or the reading chart. The general type

of mechanism shown here is used in the simple forms of hanging-pan

dial scales (the stabilizing links in this case being omitted), as well

as in many of the more elaborate spring computing scales.

All forms of springs at pi*esent available are subject to certain

changes which to a greater or less extent affect their utility as weighing elements. Among these are: (1) Imperfect elasticity,

and (2) change of elastic

properties and dimensions

with temperature.

The effect of imperfect elasticity is shown in the slight

difference in the elongations

of a spring at a given load,

depending upon whether the

load is being increased or decreased, and also by what are

called fatigue effects, which

consist in the persistence of a

slight set or residual elongation after the removal of a load which has been allowed

to act on the spring for a considerable time.

The effects of imperfect

elasticity can be reduced to a minimum by using the spring

at a low working stress, so that the material is never

stressed near to its limit of

elasticity, and by giving the

spring a careful and properly chosen mechanical and heat treatment.

The error due to temperature variation of elasticity may be cor- rected or avoided by any one of several methods. One is to apply

to the scale a device which will automatically change the ratio of

the leverage or vary the working length of the spring as the temperature changes, and in suitable amount to compensate for the

change of stiffness which is taking place in the spring itself. Another method, which is especially adapted for use with large springcontrolled platform scales, consists in keeping the spring at a constant and definite temperature, as by the use of a heating device

working in a confined and insulated space and controlled by a thermostat.

Alloys of steel with other metals have been prepared which are

suitable for the manufacture of springs and will either not change

their elastic properties with temperature or will change in the

opposite direction from ordinary spring steel; that is, will undergo

an increase of stiffness with rising temperature. With such a mate24309°—16 7

Fig. 1.—Stabilized spring scale.
98 BUREAU OP STANDARDS.

rial available it is practicable to make a spring whose stiffness will

be independent of temperature, either by using it alone or by combining it with an ordinary steel spring in such a way that the

resulting combination will be properly compensated.

(&) PENDULUM SCALES.

Although we may not commonly think of it as such, the lever system

of an ordinary beam scale is merely a combination of pendulums

constrained to vibrate together. The action of such a system is

approximately equivalent to

that of one pendulum of appropriate mass distribution and inertia. Suppose that we have a lever scale in balance with the

beam in equilibrium in the center of the trig-loop. If we add

to the platform a small load

which is less than the sensibility

reciprocal of the scale, the

beam, after oscillating for a

time, will come to rest in a new

position in the trig-loop. We

know further that, for small

displacements, the magnitude

of this deflection from the initial position of equilibrium is closely proportioned to the added weight. We could then, by

adding a pointer and graduated arc at the end of the scale

beam, use such a scale as a pendulum scale, reading the small

increments of weight directly

on the graduations of the arc. Now this is exactly what is done

in pendulum scales of a certain

type, namely, those in which

but small deflections of the pendulum are used. The sensitive- ness is decreased by lowering

the center of gravity of the

beam, as by the addition of a

hea\'3' bob-weight, and the small

displacements of the beam in the trig-loop, which are assumed proportional to the increments of load, are magnified by suitable means,

as, for example, by a rack and pinion. By means of this gearing the

limited motion of the beam about its fulcrum laiife edge is reproduced in the larger motion of a pointer moving over a graduated

arc or dial. Up to an angle of about 3° of pendulum deflection the error of this mechanism is less than one part in one thousand.

Figure 2 illustrates the pendulum scale in its simplest form; in

this case the pendulum arm itself carries the indicating pointer. As

Fig. 2. —Simple pendulum scale.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 99

soon as the angle of turn becomes large, however, we find that a graduated arc representing equal load increments is no longer uniformly divided, but changes its spacing according to some function

of the angle of inclination of the pendulum. We must then resort to

either one of two methods of procedure : Abandon the uniformly divided reading scale and divide the dial into unevenly spaced graduations correctly representing the load applied to the platform; or, while retaining the uniformly spaced graduations, apply to the mechanism a proper correction device to compensate for the differing rates

of increase of pendulum deflection and platform load. While it is theoretically possible that such a correction could be obtained by a combination of pivoted bars forming a linkwork, such a method

promises little on account of

the great amount of complication and attendant frictional

resistances which necessarily ac- company the use of numerous

turning or sliding pairs. On

this account designers have

turned naturally to a mechanism which involves the least

number of elements to accomplish the desired correction,

namely, a cam, about which is wrapped a flexible band or

tape. By suitable adjustment

of the contour of this cam,

within certain practical limitations, any desired correction to

the motion of the pendulum

may be obtained. This ar- rangement is indicated by the

dotted lines in figure 2, which

show how the cam and tape

may replace the knife edge car- ried on an invariable lever.

Figures 3 represents still an- other variation in the design of

cam-pendulum scales. In this

example, the cam is so designed

that instead of equal increments of pendulum deflection

being produced by equal increments of load, the lever Z, transmitting

the load from the platform, falls through equal vertical distances.

Looking at it from another point of view, the indicator, which moves

over a uniformly divided dial, is driven from the end of the platform

lever instead of from the pendulum itself. While the result obtained

is the same as in the previous instance, the problem of designing the

cam for this mechanism is an entirely different one. The use of the cam and tape mechanism is veiy common in the

design of automatic scales, and we will find it of advantage to consider it more in detail imder the later heading of cam scales.

It will be well at this point to call attention to certain important

considerations which have affected the lines of development followed

Pendulum-cam scale.
100 BUREAU OF STANDARDS,

by designers of pendulum scales. If the reading chart of a pendulum

scale is divided into intervals which are not uniform, any change of

level of the scale taking place in the plane of the pendulum will cause the pointer to start from a different point, and if the scale

be rebalanced (as by changing the weight of the platform, or other

parts affording similar adjustment) without being releveled, it will

read incorrectly, since a given graduation interval represents different amounts of weight at different portions of the reading scale. If,

on the other hand, the graduations are uniformly spaced, a slight

shift of level of the scale has no more harmful effect than to change

the zero reading of the pointer, and an adjustment of the balance

by the means provided for that purpose, so that the pointer again

starts from zero, will cause the scale to read correctly.

It is found in practice, however, that there are many installations

where it is difficult or impossible to maintain the scale in constant

and accurate level, and in such cases the frequent reaajustment of

the zero balance becomes troublesome. It is to avoid this difficulty

that the double pendulum construction is being used. This consists, as is indicated in figure 4, of two equal and similar pendulums, symmetrically disposed with reference to the line of the pull P transone back of that position. If the proportions of the mechanism be

correctly chosen, the position of the pointer will not be appreciably

altered, and it will remain at the correct zero reading. As the load

is added, the two pendulums will be deflected from their starting

positions, and the equalizing bar will act so as to transmit to the

indicating mechanism a displacement which, in a manner, represents

the mean deflection of the two pendulums. In this way a weighing

scale is obtained which is practically free from changes of balance or weight indication from small shifts of level ; for many industrial uses this is a feature of great importance.

A third type of equilibrating element in common use is the cam

mechanism, which is an extension of the familiar wheel and axle

principle. Essentially, it consists of a pair of cams, on one of which

is wound a tape connecting to the lever system and transmitting the

load from the platform, and upon the other a tape from which depends a counterpoise of fixed or variable weight. The principle of

action of this type of scale can best be illustrated by means of an

Fig. 4.—Action under a change of level.

mitted from the lever sjT^stem.

The pull rods or tapes at- tached to the separate pendulums are each connected to an

equalizing bar or its equivalent, so that the pull due to the

weight of the load is divided

equally between the two pendulums. If such a scale be

thrown out of level, one pendulum will be inclined ahead

of its normal zero position and

((?) CAM SCAIiES.
TENTH ANNUAL CONFEBENCE ON WEIGHTS AND MEASUBES. 101

example. Figure 5 illustrates in diagrammatic form a simple cam

scale. E and D are cams fixed to the same axis and rotating to- gether upon it. Around E is wrapped a tape connected to the lever

system of the scale. About D is wrapped a second tape from which

depends the counterpoise C.

If now both cams were circular and concentric, and the center of

gravity of the movable structure lay in the axis of rotation, the

system would be in equilibrium, provided that the pulls on the two

tapes were inversely as the radii of their respective disks. If any

additional load were applied through the tape winding on E^ equilibrium would be destroyed and the system would rotate with an ac- celerated rate. Such a mechanism would be equivalent to a scale beam

in neutral or indifferent equilibrium. It is of little value as a weighing instrument. Suppose now

that we replace one of the circular disks by a noncircular cam

of form like that shown in the

figure, such that its radius of

curvature is continually increasing as we pass around its contour. If now any additional

force be added to the pull ex- erted on the tape winding on E^

the line of pull of the tape winding on D will be displaced to the

left by the rotation of Z>, increasing the lever arm of the weight

C. This displacement will con- tinue until the weight C acts on

a lever arm sufficiently long to

enable it to counterbalance the

additional force received from

the scale platform; the system

will remain in equilibrium in this

position.

If now we attach a pointer /

to the axis of the cams, we may

graduate an arc over which it travels, so that it will read directly in terms of the weight on

the scale platform. Thus with any cam contour we may choose, provided only that it is a smooth curve, such that the moment arm of

the counterpoise always increases relatively to that of the load as the load is increased, we have a weighing scale, and we may graduate

empirically the arc over which the pointer moves. Such a scale

would still have the undesirable feature of nonuniform graduation

intervals. In order to obtain a uniform spacing of the weight graduations, it is necessary to design the cam for this end, which may

easily be done by a graphical layout of the problem. In this con- nection it may be said that the mathematical solution for the cam

contour in scales of this sort is frequently of great difficulty, and in

fact has not been obtained for any but the simplest cases; we are forced therefore to resort to the graphical solution, which may be

made as accurate as the means available for producing the cam after

it is plotted.

Fig. 5.—Simple cam scale.
102 BUREAU OF STANDAEDS.

The weighing system which has just been illustrated is capable of

many modifications. For example, in the figure shown, the fixed

counterpoise might have been hung from the circular cam and the

force coming from the lever system applied to the spiral cam. Figure

6 shows another variation in which the pull from the platform load

is applied through a knife-edge carried in a lever arm attached to

the cam. As a further modification, the cam, instead of rotating

about a fixed axis, may be so constructed as to roll along a plane or a curved surface, so as to substitute the lesser rolling friction for the

journal friction which is present in the examples shown. Such an

arrangement is shown in figure 7. Although this scale is simple in

its outlines, its operation is somewhat puzzling, but it is believed that

by reference to the accompanying diagram its action will be

made clear.

The lower part consists of

two circular disks of cams, F

and revolving together and

carrying the pointer or dial.

About the larger disk G is

wound a tape carrying a counterpoise C at its free end. A

tape is also wound about the

smaller disk F and connects to

a similar circular disk D on the

upper cam body. On the opposite side of D another tape is wound, and connected at its

upper end to some fixed part

of the scale frame in such a manner that ED may roll as a whole along plane guides, so that at any instant it is rotating about the line of contact

between itself and these guides.

Affixed to this upper cam body

and moving with it is a cam E

of spiral shape, carrying also a tape. This tape connects at

its lower end to the lever system which transmits the force

coming from the load on the

platform of the scale. If we assume the weight of the counterpoise

C and the force P are such that the system, is in equilibrium, and

that then a small additional load is applied to the platform, this

equilibrium will evidently be disturbed. The cams E and D will

rotate together, rolling upward at the same time along the guiding

planes until the lever arm of the force P is sufficiently reduced that

the system again comes to a state of equilibi'ium. The tape connecting to the lower cam will turn it and with it the indicating hand to

some new reading. The lower cam body FG is made of such weight

that it is in equilibrium under the action of the forces applied

through the two tapes which wind upon it. The result is that it floats, so to speak, in its bearings, which therefore offer little fricFiG. 6.—Cam scale with knife-edge arm.
TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES. 103

tional resistance to its rotation, but serve only to retain it in position

against the action of jarring and inertia forces.

The cam principle, as already outlined, is frequently employed

in connection with the pendulum system. Every pendulum scale in

which the uniformity of graduation interval is secured by means of a cam and wrapping connector is an illustration of such a combination.

Let us apply this principle of combination still further. It is

in fact in many cases difficult to distinguish sharply between cam and

pendulum scales. In a pendulum scale having a single pendulum

there is generally no cam or only one ; in a cam scale there are two,

one for connection to a counterpoise and one for connection to the

platform levers or weight receiving system. To add the pendulum

principle to such a cam system, we need only establish the center of

gravity of the cam outside of

the center of rotation ; then the

applied weight of the load is

resisted not only by the fixed

weight of the counterpoise, but

also by the weight of the cam

body itself, acting also at a variable distance from the axis

of rotation. Thus we have two

resisting forces, each obeying

a different law, and if we are

to have equally spaced graduations, we must make the cam

of such contour as to suit

the combination of these two

effects. Practically this means

that in the construction of a

scale which is intended to act

on the cam principle alone,

there should be added a small

weight adjustable on an arm

extending out from the cam

body, so that by shifting the

arm and the weight upon it, the center of gravity of the

cam body may be brought into

the axis of rotation. Conversel}^, the center of gravity

may be intentionally shifted outside the axis of rotation in suitable

amount, in order to take advantage of the corrective effect which

can thus be obtained.

III. OTHER PAKTS OF THE SCALE.

In the foregoing, I have outlined in a general way the principles

applying to the design of mechanisms which perform the equilibration of the load, omitting, it is true, some mechanisms of less immediate interest or of rather infrequent application, which it would

be impossible properly to discuss in a paper of this length and scope.

I will nest take up briefly other parts of the automatic scale. These

comprise the load receivmg mechanism—that is, the lever system

the indicating mechanism, and certain auxiliary devices, such as the

damping and relieving mechanisms.

Fig. 7.—Cam scale with rolling cam structure.
104 BUBEAU OF STANDARDS.

(a) LEVER SYSTEMS.

The lever systems used in automatic scales are in general of the

same types as are employed in other forms of weighing scales. The

stabilized system is compact and cheap to manufacture, and is therefore in common use in scales of the smaller capacities. It should

be remembered, however, that the stabilized scale has certain very

decided disadvantages which limit its utility. Referring again to

figure 1, which represents a common form of stabilized system, we

note that this consists of a linkwork giving parallel motion to the

platform. This is the requirement for equal weight indication independent of the position of the load on the platform, namely, that

all parts of this platform shall move through equal vertical distances for any displacement of the platform from one plane to another. Now, if we examine the forces which act upon the bearings of

such a stabijized system, we observe that it is only when the resultant

force combined from the weight of the platform itself and the load

applied to it, passes through the line of contact of the principal

knife edges at E, that the links of the system are free from stresses. If the load is displaced from the center of the platform, there is at once induced a sj'stem of forces and reactions in the lever system,

which act so as to cause pressures between the pins and loops or knife edges and bearings of the stabilizing links. This pressure must

in all cases greatly increase the frictional resistances, and for this reason the bearings of all these links should, if the best results are

to be secured, be made as knife-edge bearings like the principal bearings of the scale. If simple links and roimd pins are used, the

amount of the friction is in many cases so large as to have the effect

of stopping the oscillations almost at once, this of course being ac- companied by a corresponding loss in the precision of the scale.

In order to overcome the objections to the stabilized system, the

four-point support method of carrying the platform is employed in

all scales of moderate and large capacity. This form of lever system

is so familiar to all of us that I will not stop to illustrate or discuss

it in detail. Suffice to say that with this construction a parallel motion of the platform is secured entirely by means of vertical reactions, no matter what the position of the load, so that the horizontal

pulls and thrusts with their disturbing effect on the accuracy of the

indications are eliminated. Of course, the use of this latter lever system involves additional expense, due to the weight and manufacturing cost of the parts, the necessity of adjusting separately the knifeedge distances in the additional lever, and the like; but the result

sought can be obtained with great certainty and assurance of permanence.

It must also be kept in mind that, on account of the larger motion

of the levers which usually takes place in automatic scales, and for

other reasons, the condition and relation of the knife edges becomes

a question of greater importance than in the ordinary beam scale.

If a self-acting indicating mechanism be attached to a scale in which

the levers are subject to considerable bending and settling under the

loads applied, or if the knife edges are roimded and worn or have

excessive " range " in either direction from the plane, considerable

and irregular aberrations are sure to be found in the readings of the

scale. This is a point which is beginning to be better understood at
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 105

this time, and more and more care is being taken in regard to the

alignment and support of automatic scale parts generally.

(b) INDICATING MECHANISMS.

In studying the question of indicating mechanisms for automatic

scales we find the widest variation in the means employed. If only

weight indications are to be given on the reading face it may be

of very simple form, as the arc of a circle with the graduations ar- ranged radially, over which swings a pointer rotating about the same

center as that about which the reading arc is described. If the

pointer is attached rigidly to a pendulum, its arc of motion is necessarily limited to that of the pendulum itself; this angle is commonly under 90°. This leads to the well-Imown fan-shaped or

sector dial. If the pointer is driven through some intermediate

mechanism for the purpose of magnifying the motion of the pendulum, the arc may increase to a full circle. If we must have a chart

giving not only weight indications but price or other values as well,

we may so dispose the indicator that the reading is shown not merely

at its end but along the whole length of a radial reference line, and

the price indications will be arranged in concentric circles. The

chart may be so constructed that the graduations, instead of lying in a plane, are arranged on the surface of some figure of revolution, a greater area being thus afi'orded for the display of values. In this case it will be desirable to affix the pointer to some fixed part of the

scale and arrange the reading chart so as to rotate. The cylindrical

and conical drums are examples of this construction. As a matter

of fact, even when the graduations are disposed in a plane it is of

advantage to make the pointer fixed and the dial rotatable, as, with

this construction, the observer who is using the scale need not shift

his line of vision in order to follow a moving pointer, but may fix

his attention upon a stationary reference line and the region of graduations immediately adjacent to it. With such an arrangement the

visual effort required in noting the indications is greatly decreased.

If the pointer or revolving dial is to have a larger arc of motion

than, or a motion of a different type from the pendulum, cam, or spring which controls it, some sort of multiplying or modifying

mechanism must be introduced. This may consist of a rack and

pinion, the use of which has already been illustrated, of a pinion and

segmental gear, of a cam and follower, or of a cam with a tape winding about it. In the latter case a simple circular disk will often serve

as the cam. Where tapes are used they should be as thin as possible consistent

with the required strength, in order to reduce as much as possible the

effect of bending stresses in causing errors in the indications. The

tapes should be handled very little, and then only with clean hands

or instruments, as the least spot of moisture or foreign material may

offer a point for the inception of corrosion. The curvature of the

cam around which the tape winds must be nowhere too sharp, on

account of the bending effects akeady referred to.

(e) RELIEVING DEVICES.

It is important in the case of scales subjected to hard use, or scales over whose platforms much traffic may pass without being weighed.
106 BUREAU OF STANDARDS.

to provide an arrestment of some sort, so that the mechanism may be

securely locked except at such times as weighings are being made.

It is a fact that in many cases a scale will be subjected to more wear

from the passage across it of loaded trucks and workmen than from

the actual weighing operations for which it is used.

(d) DAMPING DEVICES.

When the mechanism of a weighing scale is set in motion by the

removal or application of a load, this motion tends to persist in the

form of an oscillation, and will so continue until the energy of the

vibrations has been absorbed by the resistances opposed, as the friction of the knife edges and bearings, and the resistance of the air.

This gradual checking of the oscillations of a vibrating system is called damping. In the case of the ordinary beam scale, it is possible

and even desirable to obtain the readings without waiting for the

beam to come to rest, since the balance plane of the beam can be very

closely estimated by observing the amounts by which the beam oscillates to either side of it. On the contrary, in the case of automatic scales, in which the indications are observed by the use of a pointer moving over a dial or arc graduated in units of weight, it is necessary that the moving system

come to rest as quickly as possible in its position of equilibrium.

With some smaller scales, such as hanging pan scales of the spring

dial type, the small inertia and relatively high friction of the moving

system make it possible for the oscillations to be quickly damped out

without the application of any special mechanism for this purpose. In

larger scales, however, where the inertia of the moving system is large

and the friction small in amount relative to the amount of energy asso- ciated with this inertia, a considerable time would elapse before the

disappearance of the vibrations, and for this reason an auxiliary device is generally provided to absorb the energy of the oscillations.

Further advantages of such a device are the reduction in the wear

of the moving parts, on account of the great decrease in the amount

of motion they are subjected to in the making of a weighing, and the

partial elimination of the impact stresses and hammering effects due

to sudden application or removal of the load on the platform.

In its simplest form the damping device consists of a flat vane or

plate attached to some part of the moving system having a relatively

high velocity. The resistance of the air which this vane displaces

brings the system to rest after a time. In another form of air damper,

a plunger is attached to some member of the moving system in such

a manner that it passes into a cylinder closed at one end, into which

it fits with a clearance sufficiently large that no actual metallic contact takes place. When the weighing system of the scale is set into

oscillation the movement of the air which is displaced by the piston

must take place through the narrow annular space between the piston

body and the walls of the cylinder, and the resistance opposed to this

motion of the air provides the damping force. If a still greater frictional resistance is needed, it is customary to use a denser medium

than air, as a viscous liquid like oil or glycerin. Axial holes may be

drilled through the piston, and the leakage of the liquid will then

take place chiefly through these holes instead of around the periphery

of the piston. It is easy to add a means of adjustment so that the

number or area of the holes open to the passage of the liquid may
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 107

be changed at will, thus affording a means of varying over a considerable range the amount of damping to be afforded.

The accompanying figure 8 illustrates the characteristics of the

variable amount of damping obtainable with such an adjustable

dashpot. The curves shown were drawn photographically by a spot

of light reflected from a mirror mounted on an oscillating lever ox the scale, which was in this case a small computing scale of the pendulum type. The photographic paper was mounted on a vertical

drum revolved at constant speed by an electric motor. This method

of graphical delineation of the oscillations of scale levers I am

using also in an investigation being made on lever scales of the nonautomatic type to determine the laws which underlie the damping

of their oscillations and the nature of the frictional resistances. In

this case the platform of the scale carried a load of 6.5 pounds, and

the system was set in motion by carefully and quickly removing a 1-pound weight. Curve a represents the motion of the scale with

the dashpot adjusted to a

noted from this curve that the 8.—Effect of dashpot adjustment shown

oscillations persist for a congraphically,

siderable time, and the final reading is not obtained within 0.03

pound (approximately \ ounce) until 20.5 seconds had elapsed.

Curve 5 is taken with the dashpot adjusted to an increased damping,

but the curve still crosses the time axis and comes to rest only after

crossing it five times. Curve c illustrates so-called critical damping

;

that is, damping of such value that the indicator comes to its final

reading in the shortest possible time after being released, while yet

not passing that reading. Curve d illustrates the case of excessive

damping, in which the resistance is so great that the indicator approaches its final reading only very slowly. If the scale be damped

as much as in the last example, either time is wasted in waiting for

the pointer to come to rest or an erroneous reading is obtained by

noting the indication too soon. As a rough estimate of the amount of wear which is saved the

scale by its being sufficiently damped, I have measured the successive

excursions for the curves a, 6, c?, and c?, and have given the results in

the following table

minimum of damping within

its range. The horizontal axis

is that of time, the vertical that

of displacement. It will be a c

Time in Proportionate distances seconds

Curve.

required for indicator to come within

0.03 pound

(J ounce) of

final reading.

through by

indicator on

the basis of

passed

e=l.

d.

c.

a.

b, 20.52.2 0.8

4.0

25.3

2.4

1.0

1.0

It will be seen at once that for the condition represented in a the

moving parts operated through 25 times the distance they did in G

and were subjected to wear in the same proportion.
108 BUREAU OF STAH-DABDS.

For the reason already mentioned the dashpot should, whenever

possible, be inserted in the scale mechanism between the lever system and the indicating mechanism, as by this means the shocks and

jars incident to the use of the scale are prevented from acting with

their full eflPect upon the more delicate and more carefully adjusted

parts of the scale mechanism.

The attention of purchasers and users of automatic scales should

be called to the necessitj?^ of insuring for such scales careful installation on rigid foundations, and of providing for their life and ac- curacy by affording them the proper care, and by supervising the

conditions of their use. It seems certain that in the future automatic scales will find continually widening application in mercantile and industrial service,

while modern methods of design and manufacture are sure to bring

forth refinements in construction and extensions in utility.

(At this point of the proceedings Dr. Stratton assumed the chair.)

DISCUSSION.

The Chairman. Gentlemen, you have heard this paper. Are there

any questions you wish to ask the author?

Mr. DowER. Mr. Chairman, I would like to ask the speaker whether

the grain hopper scale or the grain automatic-dump scale is, in his

opinion, more accurate in weighing grain, assuming both scales are

in standard weighing condition ? Mr. ScHLiNK. That is a question which it would be impolitic to answer. I do not think it would be fair at this time to take either

type of scale and pass an opinion on its suitability for the purpose.

The Chairman. I am very sorry it was not my privilege to hear

the previous papers on the program this morning, but they are all

along the line of work which has been too much neglected in this

conference in the past. Even this year the program committee had

hard work to get this class of papers. If we are better posted as to

the underlying principles and the facts involved in this apparatus,

the problem of making regulations, the problem of inspecting, the

whole duty of the oflBcial becomes very much more simplified and

very much more just. I want to emphasize the fact that these are the problems which are most important. We should in the future

give more attention to this class of work.

I am going to say, on behalf of the program committee, that they

will welcome the offer of definite papers, either along technical or

administrative lines. What we want is well-prepared papers, written by those who haA^e had the experience and who know, and papers

which bring up a definite topic for discussion afterwards. There

has been a decided improvement in the character of the meetings in

that respect during the past few years, but there is still room for

improvement.

I am asked to say that copies of the Tuttle Barrel Act and the Ashbrook bill can be secured at the end of the session.

There is present a representative of the Western Fruit Jobbers'

Association, Mr. William M. Royiance, who has a matter of importance to present.
TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES. 109

REMARKS BY WILLIAM M. ROYLANCE, REPRESENTATIVE OF THE

WESTERN FRUIT JOBBERS' ASSOCIATION OF AMERICA.

Gentlemen, the Western Fruit Jobbers, as you know, sent me as

their representative to this conference a year ago and I stated at that

time that the object of the association was standardization of weights

and measures. The hated middleman, of whom I happen to be the

representative, is the man who gets the odium of all this short

weight and short measure, of which we hear so much in the magazines

and newspapers generally. Mr. Fischer and Dr. Stratton and others

here promised that they would take the initiative in seeing that some

national standardization was had before another year, or in about

that time. That standardization, so far as the cranberry and apple

barrels are concerned, has been put through Congress and is now a

national law. The Western Fruit Jobbers, through their secretary,

received from Secretary Fischer, upon request, another bill and it struck the organization so favorably that I was sent here to stand

behind and recommend that this bill, if possible, be indorsed by this

conference, and then the oi'ganization of the Western Fruit Jobbers'

Association and the International Apple Shippers' Association will

get behind the bill through their Congressmen, who are from nearly

every State in the Union, and will try to obtain national standardization.

With your permission, Mr. President, I would like to read the

proposed bill for information and reference and it can then come up

in its regular way.

(Mr. Roylance read the bill referred to, as follows:)

A BILL To prescribe the manner of sale of various commodities.

Be it enacted hy the Senate and House of Representative!^ of the United States

of America m Congress assembled, That it shall be unlawful to offer or expose for

sale, or to purchase or sell, or offer to purchase or sell, in any State, Territory, or the District of Columbia, except for immediate consumption on the premises,

liquid commodities in any other manner than by weight or liquid measure, or commodities not liquid in any other manner than by measure of length, by weight,

or by numerical count : Provided, however, That nothing in this section shall

be construed to prevent the sale of fruits, vegetables, and produce in the standard barrel containing seven thousand and fifty-sis cubic inches ; or, of berries

and small fruits in boxes or baskets holding sixty-seven and two-tenths cubic

inches, thirty-three and six-tenths cubic inches, or sixteen and eight-tenths

cubic inches; or of vegetables and fruits by the head or bunch which have

been usually sold in this manner, or other nonliquid commodities which are and usually have been sold by the package.

For the purposes of this section the term " commodities not liquids " shall be

construed to include goods, wares, and merchandise which have heretofore been

sold by measure of length, by weight, by dry capacity measures, or by numerical count, or which are susceptible of sale in any of these ways.

Sec. 2. That rules and regulations not inconsistent with the provisions of

this act shall be made by the Director of the Bureau of Standards and approved by the Secretary of Commerce, for the purpose of carrying out the provision of this act. The Bureau of Standards, in the enforcement of this act. shall work in conjunction with local sealers of weights and measures or other

officers of the several States and Territories appointed to enforce the

laws of the said States and Territories, respectively. The latter officers, when

enforcing the provisions of this act, as described above, shall be governed by

the said rules and regulations.

Sec. 3. That any person guilty of a violation of the provisions of this act

shall be deemed guilty of a misdemeanor and shall be liable to a fine not to exceed $500, or imprisonment not to exceed six months, in the court of the

United States having jurisdiction.
110 BUREAU OP STANDARDS.

Mr. President, when the time comes for discussion of legislation

I will ask for consideration of this bill. The Chairman. We have one or two announcements. I have to

report that the final report of the committee on tolerances and

specifications will be ready for distribution at the close of this

meeting.

The delegate from the Philippines has reported with a good-sized

package of cigars which he wishes sampled. The delegate has set a very good example.

HEPORT OF COMMITTEE ON CONSTITUTION AND BY-LAWS AND DISCUSSION

THEREON (CONTINUED FROM SECOND SESSION).

The Chairmax. Gentlemen, if there is serious objection to any

points in the by-laws, we do not want to run over them, but, otherwise, let us proceed as rapidly as we can. Mr. Sherman will again

read the article we were considering when we adjourned yesterday,

which was Article II, old Article III.

Mr. Sherman. The new Article II reads as follows:

The dues of this association shall be : Members, $1 per year ; senior members,

$5 per j^ear ; honorary members shall pay no dues. Dues shall be payable in

advance on attendance at the annual conference of the association on the first day of the meetings, and no active participation in the meetings of the confer- ence shall be allowed to any member or senior member until his dues for said

conference are paid.

The Chairman. If there is no objection, we will pass to the next

article.

Mr. Sherman. Article III, former Article IV, reads as follows:

Any member of this association may be suspended by a two-thirds vote of all the members present at any regular meeting. Members may be suspended for

unbecoming conduct, refusal to pay dues or assessments, or other misdemeanor.

Members suspended may be given a hearing by appealing to the committee on

qualifications for membership in writing, and a two-thirds vote is necessary to restore any suspended member to the association.

Mr. Faerell. Is not that covered by the constitution ? Mr. SnERjvrAN. No ; it is not. The constitution provided only one

means of suspending a member. The constitution, in dealing with

the committee on qualifications for membership, provides means for

expelling or suspending a member, but this states that if the sense of the meeting is that a member should be suspended at any meeting

by a two-thirds vote of the members present the member shall be

suspended. That was passed last year.

Mr. Farrell. I think the proper procedure for all this matter

would be to turn the constitution and by-laws over to some attorney

who is familiar with the formation of associations and incorporations

and have him go over this before any further action is taken. The

matter now is rather complicated, and the delegates have been up to

this time practically unable to read it. I, for a few moments last

evening, saw a copj^ of the by-laws, but was unable to procure a copy

of the constitution, and I think we are getting mixed up between our

by-laws and our constitution. I offer that merely as a suggestion.

Mr. Sherman. I want to call attention to the fact that there is

no conflict in this section whatever. This section is exactly as it was

adopted last year, though instead of having a right to appeal to the

executive committee the right is given to appeal to the committee
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. Ill

on qualifications for membership, it being a membership matter.

That is the only change from last year, and if you change it to any

other way you are changing the section as adopted at the last meeting.

Mr, Sweeney. Under this provision if some member of this confer- ence would move that a member be expelled, and there was a twothirds vote, he would be expelled immediately and be given no opportunity at all to protest against the action. All that is necessary

is for some one to make a motion and the vote is taken. I do not

think that is right. I believe if a member is guilty of something

contrary to the rules of the association, there ought to be a complaint

made against him and he should have some opportunity of defense.

Everyone has that in every court of the United States, and we should

have that here. I believe it ought to be laid over and the matter

given very serious consideration.

Mr. Farrell. I move you, sir, that this conference disagree with

the report of the committee on constitution and by-laws so far as this

section is concerned.

(The above motion was duly seconded.)

Mr. Sherman. I will gladly strike this section out of the by-laws.

Your committee does not recommend it, but felt in duty bound to

put it in, in view of the fact that it had already been passed last year.

Personallj'', I will be glad to see it stricken out.

Mr. Brennan. I think this matter is not of sufficient importance

to occupy our attention a great while. I think it would be entirely

safe to leave that matter with this conference. I do not believe

two-thirds of the men here are going to expel any person unless he

deserves to be expelled. I do not know any body that is not to be

the judge of its membership. This body should be the judge of its

membership. If there is any man here whom two-thirds of this

conference do not believe should be here, he should be put out. Why

should he have a hearing? That is not usual in constituting a membership in a body of this character. If some rights are inherent in

an office, that is quite another thing, but such a body as this should be

the judge of its own membership, and I think it is entirely safe to

leave this right here. Suppose this conference should expel me?

What could be done ? Are we to have a hearing before I go out ? I

think it is entirely impracticable, and I think it is entirely proper

to have here that power; and no person will ever be injured by a by-law of that kind so long as the membership is up to the standard.

I do not think it is of great importance.

The Chairman. You have heard the motion and second to omit

this section, and unless the vote is close we will not call for the roll,

but just for the ordinary vote. Those in favor of omitting the

section please indicate by saying aye ; contrary, no. (The motion was agreed to.)

Mr. Shersian. Article III of the by-laws, which was formerly

Article V, is as follows:

Aeticle III.

Should any controversy arise which is not included in the rules of order

hereto attached, general parliamentary law shall govern the presiding officer.

Aeticle IV. Amendments to the by-laws may be made in accordance with the rules

laid down in Article VII of the constitution.
112 BUEEAU OF STANDARDS.

BtTLES OF OBDEE.

1. The president, or in his absence the vice president, shalf preside at all meetings of the association.

2. Tlie president shall have the right to take the floor in any debate on any

subject under discussion after calling to the chair the vice president or some

other member he may select.

3. After a meeting has been called to order members shall be seated and

shall not speak or otherwise interrupt the proceedings till given permission by

the presiding officer.

4. No member shall speak on any motion more than twice without permission

from the chair, nor shall any member speak more than five minutes at any

one time unless given permission by a majority vote of the members present.

5. Should two or more members address tlie chair at the same time, the

chair shall choose the one who, in his judgment, is first entitled to the floor.

6. When a member is called to order by the president, or by any other

member, he shall at once resume his seat pending the decision on the point

of order raised. Every question of order shall be decided by the president,

subject to the appeal to the sense of the meeting.

7. No motion shall be debatable until it has been seconded.

8. Appeals and motions to reconsider or to adjourn are not debatable.

9. When a question is under debate, no motion shall be received, except to lay on the table, iwstpone, commit, or to amend.

10. No member shall interrupt another when speaking, except to call to order, as prescribed in rule 6. or, with the permission of the member speaking, to ask

a question relevant to the subject.

11. A motion to adjoui'n shall always be in order, except when another motion is being voted upon, provided the member moving adjournment has properly

secured the floor, 12. When a motion shall be moved and seconded, the mover thereof may be

called upon by the president or any member to reduce the same to writing, from

which it will be read by the secretary.

13. The mover of a motion shall be at liberty to accept an amendment thereof,

but, if an amendment be offered and not accepted, yet duly seconded, the association shall pass upon it before voting upon the original motion.

14. When a motion to adjourn is carried, no member shall leave his seat until

the president shall have left his. 15. Every officer, at the end of his term of office or service, shall deliver to

his successor any moneys, papers, documents, books, or any other records under

his charge and belonging to the association.

OEDEE OF BUSINESS.

The order of business shall be determined from conference to conference by

the executive committee, subject to the approval of the president, in order to se- cure the most efficient utilization of the time of the conferences.

Article V.

These by-laws shall be in effect immediately upon their passage.

The Chairman. Unless there is objection, the by-laws will stand

approved.

Is there any objection to the order of business? If not, it stands

approved. Before yon adjonrn, I want to state that a number of the

city officials have asked to be heard, and I think it is quite proper that

they should be. and some time during the meeting time will be found

to hear something from the city and county officials. Our only object

in cutting it out for the first day was lack of time, and we have been

criticized a good deal before for listening to these official reports.

Personally, I have always been in favor of them. There is nothing I

like to hear any more than the experiences of an official, whether he

represent state, city, or county, and have him tell what he has come
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 113

across in his locality in the past year. I think it is very instructive,

and time will be found during the meeting for those officials to tell us of their experiences.

Mr. Albeecht. Would it not be better if there was a motion

passed to adopt the by-laws as a whole before we adjourn?

The Chairman. The ruling is that it is not necessary.

Mr. Farrell. Would it be possible before the business meeting on

I'riday morning to procure a copy of the constitution as adopted?

The Chairman. We will try and have that stenciled to-morrow.

The fact is this would have gone off much more smoothly if we had

had the constitution stenciled in plenty of time, and this delay was

due to a hitch in the clerical force.

Mr. VanDuyn. Since our congenial friend from the Philippines

has come to us with a large number of boxes of cigars, I think it

will necessitate having a resolution committee, and therefore I move

that the chair appoint a resolution committee.

(The motion was seconded and agreed to.)

Mr. Howell. Would it be possible for us to have the remarks

made by the Secretary of Commerce and ourselves prepared so that

we can take them back with us when we go ? They are of great use

to us in our districts to give to the press, and it would be a big help

to have them instead of waiting a year to get them.

The Chairman. I might not be able to get them immediately, but

I will get a copy of Secretary Redfield's remarks in a day or two

and have it duplicated, and if it is not ready by the time you leave

I will have it sent to you shortly. I believe, however, it can be distributed before you leave. I am very pleased that you have asked

for that. We have not had a Secretary since the bureau has been

established who has taken as much interest in the working of the

bureau as the present one. All of our past Secretaries have been

interested in the bureau and helped us in the formative stage, but

the present Secretary has been a manufacturer all his life and is

acquainted with technical matters of the bureau and is going to do

everything he can to help you and help the business conditions of

the country. If there is no further business this morning, a motion

to adjourn is in order.

Mr. McGroarty. Mr. Chairman, I move that we now adjourn.

(The motion was seconded and agreed to.)

(Thereupon, at 12.15 o'clock p. m., the meeting adjourned to meet

the morning of Thursday, May 27, 1915.)

24309°—16 8
FOURTH SESSION (MORNING OF THURSDAY, MAY 27,

1915).

The conference reassembled at 10 o'clock a. m.

The Chairman. Gentlemen, I am very glad to see that so many of

you have survived yesterday afternoon's recreation and I hope that

it has left us all in a good humor for this morning. At the meeting

on yesterday afternoon, in talking with a large number of the delegates, I found that several things were misunderstood, and I think

that there are some things that ought to be corrected. One question

of importance is the form of the invitation that was issued, and we

are perhaps to blame for that. Things ought to have been made a

little more clear.

The second question is the complaint on the part of some of the

manufacturers, as well as the sealers, that they did not get the report

of the committee on tolerances in time to get their criticisms back to

us. In that I agree ; I think the point is well taken.

The third was that the proposed constitution and by-laws were

not submitted in time, and in that I agree. I have this suggestion to

offer. The original committee appointed for that purpose were, in

so far as we knew, handling matters all right, but they found it

impossible to get together, a fact we did not know of until a week

or 10 days before this convention. At that late moment it was neces- sary to take immediate action in regard to this question or we would

have had nothing at all before us in that respect. That, I think, has

been misunderstood. There has been no conference with the committee, so far as the bureau is concerned; the committee has handled

this themselves, and Mr. Sherman was appointed as a substitute to

report. If there is a feeling that there has been any attempt whatever to put a thing through too quickly or that it has not been care- fully considered, then my advice to you is to put the matter off entirely until another year.

I want to say frankly we spend too much time in discussing and

wrangling over things of that kind. I long to see the day when this

convention comes here to study and take up matters of administration. Those are the things that we want to do in order that each

man may improve his work. I think I have made our position clear

on that and, so far as I am concerned, I feel pretty sure every

official is broad enough to look at it in that way and to give another

year for consideration.

In regard to the matter of tolerances, the matter is absolutely open,

and if there is a single point not well understood it is open for discussion. I suggest when you come to the matter of discussion of

tolerances that you take it up point by point. "V\niat you all want

to know is, what is the right tolerance in every particular instance,

and we want to get the advice and experience of everybody here on

that matter. Those are the things we want to get at and they should

be discussed point by point, and if there is any point on the whole

114
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 115

matter which has not been sufficiently considered or there is not suffi- cient time before you, put it off. I have put our cards absolutely on the table, and I will entertain

a motion from any State official who voted on this matter to reconsider the whole proposition of constitution and by-laws.

RECONSIDERATION OF REPORT OF COMMITTEE ON CONSTITUTION AND

BY-LAWS.

Mr. Hartigan. Mr. Chairman, this is my first time to appear in

the conference, as I was detained in New York, Philadelphia, and

Baltimore on account of illness on the way over. For some reason I

was very quickly apprised of the situation in connection with the

proceedings of last Tviesday in relation to the adoption of the constitution and by-laws, and it seemed as though there was a discordant

note and plenty of inharmony among the delegates, whereas in the

past everything has been harmonious, pleasant, and merry and progress has been made along scientific and technical lines, and questions

have been void of matters politic and personality. In order to get

this matter before the convention in regular form, and coinciding

with your own views and your expression of broadness and liberality

in treating of this question, I rise on a question of personal privilege,

the question being that I be recorded on the poll of the vote adopting

the constitution and by-laws of the association in the affirmative. I

intend to follow that with a motion to reconsider the constitution and

by-laws.

(The above motion was duly seconded.)

Mr. Sherman. Mr. Chairman, I think it is up to me as a member

of the committee to call attention to two or three things here. In the

first place, I wish to call attention to the fact that this action now

proposed would throw us back into the chaos of years past and do

away with what promised to be a foundation from which we could

work in the future. This motion is being offered and action is being

taken a great deal quicker and with a great deal less consideration

than was the case with the preparation of this constitution and its

adoption.

In the second place, I wish to call attention to the fact that this

constitution and these by-laws were adopted by over a two-thirds

vote on every question where a vote was taken of all those delegates

present who had a right to vote under the original agreement under

which the convention was called. It seems to me, then, that the only

ground on which we can entertain a motion to reconsider would be

that those persons who voted for the constitution want to change

their vote. The opposition seems to be entirely among persons who

had no right to vote. This constitution was presented by your committee because your committee believed that it was high time to put on

a par with the State men a number of the men from the larger cities.

Under the old regime a city like New York, Philadelphia, or Chicago

had no vote in any case. Your committee felt from the start, and

thinks now, that it was a great gain when that privilege was extended

to the larger cities.

To throw this matter out now will mean that for another year the

large cities will have no vote except by courtesy of the State men,

and your committee thinks that would be unfortunate.
116 BUREAU OF STANDARDS.

The Chairman. Gentlemen, if you are determined to have this

wrangle, we will have it out; but it is absolutely unnecessary, because

some gentleman or State official who voted in the affirmative the other

day must move to reconsider.

Mr. Haktigan. I have just voted that way.

The Chairman. At the time that vote was taken you would not

have been eligible to vote.

Mr. Hartigan. I understood I would be, being from a city of over 300,000.

The Chairman. That assumes this is adopted.

Mr. Hartigan. I arose to a question of privilege.

The Chairman. The Chair will have to rule you would have been

ineligible for vote at that time.

Mr. Richardson. This organization has been in existence for 10

years and we have run all that time without any constitution and

by-laws. I am opposed to any reconsideration of our constitution

and by-laws, but I would be willing, if there are any members who

object to any section of our constitution and by-laws, to offer an

amendment, and if they were amendments agreeable to the legal

advisers in this body they might be adopted, otherwise they would

be objectionable.

The Chairman. The objection is that sufficient time had not

elapsed, that they had not time enough to consider this. Therefore

if they have not had time to consider the situation it applies to it as a whole and not to any paragraph.

Mr. Reichmann. Mr. Chairman, I rise to a point of personal privilege. I seconded Commissioner Hartigan's motion in a perfunctory

way, not knowing what this situation was. I arrived here only this

morning and I do not know definitely whether or not the constitution

has been adopted. The committee was appointed year before last and

last year the suggestions were made. I came down here on the

invitation of the Bureau of Standards, which was sent out to the

governors of the States. The governor of the State of New York

appointed official delegates; I believe he appointed two, the superintendent of weights and measures and myself, and acting upon that

authority I naturally accepted Commissioner Hartigan's motion,

but, as i vmderstand from the chairman of your committee on constitution and by-laws, the Chair should not have recognized my

second. Is that right, or was I entitled to a vote ? The Chairman. I did not hear who the second was from.

Mr. Egan. Mr. Chairman, I do not believe that we want to spend

a great deal of time on technicalities. So far as my observation

goes, I am convinced that every member of this conference wants

to act fairly. I voted for the adoption of that constitution, and

without any more waste of words, having voted in favor of it, I

move a reconsideration of that whole subject.

The Chairman. Is there a second to the motion ? (The motion was duly seconded.)

The Chairman. We have had a motion and a second from State

officials who voted for it on yesterday. You have heard the question. Are there any remarks ? Mr. Goodwin. Mr. Chairman, I do not think it is the fault of any

of the members of this organization who have passed on the constitution and by-laws that some members were not present at the time
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUEES. 117

the action was taken. I hope this motion will not be passed. I want

to be liberal, and there are sections in those by-laws that I do not

approve of, and I think we are on dangerous ground. I think we

have established a dangerous precedent by going out of the State

organization, away from the representatives of the States. We all

have our constituents and our organization, and as the representative

of that organization I am here from the State of Ehode Island to

protect our interests as well as all the delegates of the other States are here to protect the interests of their several States. If I had

had the misfortune, through any cause, not to get here on time, it seems to me it is up to me, it is my fault, no matter what the conditions were. The Chairman. I think I can correct that. I think the State

delegates were all here on Tuesday.

Mr. Goodwin. Then why should we reconsider this bill we passed

here on Tuesday ? If it was satisfactory then why is it not satisfactory to-day ? We should not have passed it until it was satisfactory

to us, and, therefore, I hope that the motion will not prevail.

Mr. Reichmann. Mr. Chairman, I have attended every national

conference on weights and measures from the first, with the exception

of one, and that was when Mr. Sulzer was governor for a brief period

of months. At the first meeting there were only a handful of State

officers here; that occurred at the second, third, and I believe the

fourth conference.

The executive committee, of which I happened to be a member

from the beginning for several years, adopted a resolution to ask

all weights-and-measures officials throughout the country to come to

this conference. I think the record will show that there has never been a vote taken in which only the State officers were allowed to

vote. I take it that this is not a session of State officers of weights

and measures. The term has been used, " State delegates." I am a bona fide State delegate ; I was not here on yesterday and it may be

my fault, as the gentleman from Rhode Island says, but there has

never been any lack of harmony, and if this conference is going to

accomplish results the first thing which you must have, as Commissioner Hartigan emphasized, is harmony.

Inasmuch as all these gentlemen have been invited here, why not

reconsider that motion and, in a spirit of fairness, let every member

have a copy of the proposed constitution, and, as the chairman suggests, let them vote on it next year. One year's delay will not mean

any harm.

I think it is exceedingly bad to have this sort of discord come in

and distinctly understand this has never been, and I personally hope

it never will be simply a small organization or upper house, if you

please, of State weights and measures officials and officials of large

cities. Believe me, and I am speaking from experience, that there

are a great many city and county sealers throughout this country who

can give a lot of State officials good information, and who can give

it to the Bureau of Standards, and, vice versa, the Bureau of Standards can give them information, and the bureau wants to give it. Now, do not let this conference discourage the weights and measures

officials of the smaller places who are working earnestly to do something for the benefit of the general public.
118 BUREAU OF STANDARDS.

Mr. Beennan. Mr. Chairman, this is exceedingly unfortunate.

The gentlemen who have spoken here, and who have arrived this

morning for the first time, surely do not understand the situation.

It is an enlargement, instead of a curtailment, of the voting privileges. Every member, every little sealer of weights and measures throughout the country can come here and participate in the proceedings of this organization; they can speak on every question;

they can be on every committee ; and they can vote on every question

with the exception of that of tolerances and of legislation.

That provides that a little crowd, or a large crowd, if you please,

of Maryland and District of Columbia voters can not come in here

and run this convention on the matters of tolerances and of legislation.

Mr. Farrell. I do not care to take up the time of this conference

with any long speech on the question of whether or not we should

reconsider our vote. We came here fundamentally to help each

other, to learn from each other, and it may be to meet each other.

I understand that the bird has been twittering in the trees that the

State of New York was going to pack the convention. The State of

New York, gentlemen, is too big, and I trust the superintendent of

New York falls in the footsteps of the State, to enter into any petty

wrong. We have too much to do. The question of weights and

measures in the State of New York is second to no question there.

The work of the department is such that we are all busy all of the

time, and we have not time to enter into political discussions or any

petty ideas of packing conventions or doing any such thing as that.

We are here to learn, we are here to help, if possible, and I suggest

that inasmuch as we have gone on for 10 or 12 years without any

constitution or any by-laws, that there is no necessity for this con- ference to have any constitution and by-laws; but, if we are going

to have it, let us have them printed; let us study them beforehand.

The Chairman. The question is called for, but I do not want to cut

anybody off. Mr. Farrell. Mr. Chairman, I would like to ask how this is going

to be voted on ? The Chairman. We will call for the vote of the gentlemen who

settled this matter previously—the State delegates.

Mr. Su^EENEY. Are the county and city officials privileged to vote ? The Chairman. No.

Mr. Sweeney. Has there been any ruling in the past by the chair

or has there been any law adopted in any way to prevent the county

and city sealers from voting upon all questions that came before this

conference ? The Chairman. We have never discussed questions of this kind

before.

Mr. Sweeney. Last year the county and city sealers present voted

on every subject before this conference; their votes have done no

harm to the conference ; they have done no harm to the weights and

measures proposition throughout the country, and I feel that every

man of these men representing Pennsylvania is just as competent

to vote on that question as I am, and some of them a great deal

more so, and I do not believe it is fair to leave us out.

I have a letter from the secretary of this association asking me to

bring as many inspectors as I could to attend this conference. In
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 119

addition to that the officers of this conference wrote to the county

commissioners of our State and to the mayors of our cities asking

them to send delegates to this conference. I do not believe it is fair

when they go to the expense of sending delegates to disfranchise

them and prevent them from voting on questions that affect the

whole people of our State.

The Chairman. The chair ruled on yesterday that this adoption

of the constitution was a privilege which belonged to the State

officials, and I must rule the same way to-day. I have talked with

a number of the State delegates and you are not going to lose a

thing at all, because I believe that most of the State delegates feel, as I do, that we can not afford to have this considered preemptorily.

If that accomplishes what you want, why string the matter out in

this way?

Mr. HoAATELL. I just want to say a word to explain my vote. I

voted my conviction day before yesterday, and I am prepared to

vote the same way to-day but for the fact that the president has

requested the matter be laid over one year, and I will, therefore, vote

with the majority.

The Chairman. All those in favor of the question say aye; contrary, no. (The motion was agreed to.)

The Chairman. Now, gentlemen, you are where you started.

There is nothing back of this and we do not want to get into politics.

We must not let the conference get into wrangles of this kind, and

I now sincerely hope you will proceed to discuss technical matters.

(Mr. Waldron, of New Jersey, vice president, at this point assumed

the chair.)

Mr. Eeichmann. As a matter of technicality, will you please an- nounce the vote.

The Acting Chairman. The ayes have it. The motion was to

reconsider.

Mr. Hartigan. I respectfully move that the report, as considered

by the committee on constitution and b^^-laws, oh Tuesday last, be

rejected by this conference and a new committee appointed by the

chairman to go into power and report back to the conference next

year upon a proposed constitution and by-laws.

(The motion was duly seconded.)

Jklr. Farrell. I move you, as an amendment, that a copy of the

proposed constitution and by-laws be sent to each of the members

at least one month prior to the meeting of the conference.

(The amendment was seconded.)

Mr. HowEixL. Mr. Chairman, I do not think this conference wants

to be in the position of criticizing the work of the committee. Might

it not be better, Mr. Hartigan, to add to the present committee and

let that committee report ? I would like to see that amendment.

Mr. Hartigan. I heartily agree with the sentiments expressed by

Mr. Howell and I am willing to accept the modification so that no

criticism will rest on this committee, because I do think they presented a constitution and by-laws which they thought would meet

with all future events arising in these meetings. I am glad to accept

the amendment.

Mr. Van Dtjtn. I am opposed to the motion as put before the con- ference at this time. It does seem to me that if the gentlemen who come
120 BUREAU OF STANDAEDS.

here at this late day opposing the by-laws and the constitution are not satisfied with them as we passed them the other day, they should

bring in some amendments here so that we will know what we are

doing. They should not come here with a proposition to do away

with this committee which has done such valuable work for this conference.

Mr. Barnard. Mr, Chairman, I do not think that there is any desire on the part of Mr. Hartigan, of New York, or on the part of any

person who has spoken here this morning, to in any way criticize

that committee or to in any way embarrass that committee, and I

think it was Mr. Hartigan's desire to have this committee appointed

to make these amendments, and I think that Dr. Stratton, the president of our association, w'ill see to it that a committee is appointed

that will take care of that proposition and that it will be taken care of in proper shape.

I believe that that is the proper way to go at this, and if they see

fit, to adopt such portions of the constitution as have been proposed

and also to prepare amendments to cover the parts objected to. I

think the motion of the gentlemen from New York is well taken.

Mr. Sherman. Mr. Chairman, I want to know if the constitution

as adopted on day before yesterday by more than two-thirds vote of

all those entitled to vote is rescinded or abrogated or laid on the

table?

The Acting Chairman. It is being reconsidered now.

Mr. Sherman. This constitution and these by-laws were on day before yesterday and on yesterday adopted by more than a two-thirds

vote, and they went into effect immediately on their passing by the

vote of the association at that time and they provided definitely the

means whereby any section might be amended. Will you state the

motion again?

Mr. Harttgan. I respectfully move that the report as submitted by

the committee on constitution and by-laws on last Tuesday at this

conference be rejected, without criticism upon the committee, and

that the present committee be enlarged to five members through appointment by the chairman, and that a copy of the proposed constitution and by-laws be submitted at the next annual conference of this

association and be sent to each invited delegate at least one month

in advance of the date of the conference.

Mr. Farreli« My amendment is withdrawn.

(The above motion was seconded.)

Mr. Starn. If you please. Mr. Chairman, the report of the committee on constitution and by-laws was accepted by this conference.

I want to ask the gentleman how we are going to reconsider a report

that is a matter of the past—unknown—we know nothing of the re- port, but we have the constitution. If the constitution was good for us on day before yesterday, I would like to ask why it is not good

for 11!=; to-day ? The Acting Chairman. This vote is to be taken by States—by the

gentlemen who voted the other day.

This will be an aye-and-nay vote by the State delegates.

Mr. Sweeney. There is no constitution and there is nothing to

prevent every member here from voting.
TE^TTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 121

The Acting Chairman. There is a ruling of the Chair that only

the State delegates and only those who voted the other day should

vote on this?

Mr. Sweeney. Yes ; on the constitution this morning he ruled that

those who voted the other day were the only ones entitled to vote

on this.

Mr. Egan. The Chair decided the original motion to reconsider

on the aye-and-nay vote of the State delegates. The Chair is deciding now that the vote shall be taken by an aye-and-nay vote of the

State delegates. If the gentleman from Pennsylvania denies the

Chair the right to decide that question, he ought to appeal and he

ought not assert it against the Chair.

Mr. Sweeney. I simply say that we are in the position that we

were one year ago. There is no law or constitution to prohibit any

member of this conference from voting upon any subject. We have

already reconsidered that and the delegates are entitled to vote upon

all the questions before the conference.

The Acting Chairman. All those State delegates in favor of the

motion say aye, opposed no. (The motion was agreed to.)

Mr. Sherman. I call for a count of the State vote.

Mr. Goodwin. Before your decision is announced, I rise to a question of privilege. I claim that the representatives of the different

States shall have the right to have their names called and they shall

answer yes or no. Mr. Sherman. Any member entitled to vote has the right to call

for a count of the vote.

The Acting Chairman. I am afraid you are too late. The ayes

had it in that case. The next number on the program this morning is a paper by Mr.

John H. Sherman on "Weights and measures work from the standpoint of the efficiency engineer."

Mr. Sherman. Before starting my paper, I want to apologize to

this conference. On account of having, of necessity, been exceedingly busy on the shad-bake activity, selling tickets, and so forth, and

also of necessity, against my will, having had to report the action

of the constitutional committee, of which I was only one member out

of four, it has been necessary for me to be before this convention

almost two-thirds of the time we have been in session, and I feel

the situation keenly. I think that everyone here ought to be sick

and tired of me and the sound of my voice; and for that reason I

withdrew my paper from the program and asked to be excused, but

the chairman insisted that it be given. Therefore I can only say

that I hope you will bear with me through something that will at

least be different from anything I have said in the past. That is the

best apology I can make.

The subject is " Weights and measures work from the standpoint

of the efficiency engineer," the efficiency engineer being a man trained

to an entirely different viewpoint, as a rule, from the majority of

scientific men.
122 BUREAU OTP STANDARDS.

WEIGHTS AND MEASURES WORK FROM THE STANDPOINT OF THE EFFICIENCY ENGINEER, BY J. H. SHERMAN, SUPERINTENDENT OF WEIGHTS,

MEASURES, AND MARKETS OF THE DISTRICT OF COLUMBIA.

So much has been said and written about efficiency, especially in

the last two years, by people who have no idea, no conception, of the

true meaning of the word, that it is necessary now, before an eco- nomic engineer discusses the subject, to carefully clear the ground

by defining just what efficiency is, what an efficiency engineer or economic engineer is, and what he is striving to do.

Efficiency is the relation of what is being done to what ought to be

done—assuming always that we ought to get the best possible result

in proportion to the time, means, and effort invested. Thus, if a machine capable of turning out 100 metal disks per minute be improperly speeded, or awkwardly handled, so that it produces only 70

disks per minute, we say that it is being run at an efficiency of 70

per cent. If this reduction in product is entirely due to ignorance

or carelessness of the man who runs the machine, we say that this

man is 70 per cent efficient, or his efficiency is 70 per cent.

You will notice efficiency is a ratio. The prevailing idea that effi- ciency means hard work is entirely wrong. The most efficient man

usually is not working hard. The efficient man is the one who gets

a lot of return for a little work. From this definition you will also

readily see that the common conception of efficiency as meaning

strenuosity is far from correct. Most men who are exceedingly

strenuous are not highly efficient at all, and the fellow who hustles

through his work, consciously hurrying and driving himself and

others to greater than normal exertion, or who does for himself work

which is already being done by others who would furnish him with

their knowledge and experience, never attains high efficiency. He

gets out too little of what he puts in. His results are low in proportion to his expenditure of time, effort, and means.

It is for this reason that the constructively lazy man is apt to be

the most efficient. He works his brain overtime to devise ways to

save effort, and economy of effort is a great help toward high effi- ciency.

You all know there are two kinds of barbers. One is on his feet as you enter, bowing, twirling his towel, inviting you to a chair. He

is very industrious, commendably busy. He lathers your face with

short, fussy little whirls of his brush, strops his razor with great

speed, energy, and much noise, then shaves you with short, choppy

little strokes, two or three times over each half inch, determined to

get each hair from at least two directions, each of the two times over. He inquires anxiously whether the razor feels all right—evidently

a little afraid it pulls. At the finish you find that his busy methods

have taken a lot of time, you are not well shaven, and you are dissatisfied. You escape as soon as possible, tip him as little as possible,

and come back to his chair as seldom as possible.

Analyze your dissatisfaction and you will find that the man was

inefficient. Busy, strenuous, eager, faithful, industrious; but inefficient. Inefficient because he has never studied his job to find out the

disadvantages of the prevailing methods among barbers, and therefore has fallen into a puttering makeshift routine that is ill planned,

indecisively executed, and carried out with unnecessary duplication

of work.
TENTH AKNUAL CONFERENCE ON WEIGHTS AND MEASURES. 123

Every now and then we find the second type of barber. He gets up

slowly as you come in and swings lazily across to the chair. He gets

there just as you are seated and ready for him. He lathers your

face with a few long swirling strokes of the brush ; rubs it in with

a hand that reaches every bit of surface with a minimum of motion

;

strops his razor with a couple of easy leisurely swings; and then

with one long, broad, easy swipe of the razor he leaves your cheek

clean and smooth from ear to the point of the chin. He shaves you

with one-fifth as many strokes of the razor as the first barber did,

and leaves your face smoother. He doesn't ask how the razor feels,

because he knows it's all right. When he is done you find that his

leisurely method has saved a lot of time. You feel good. You tip

him well because you want to. And you come back to him with

pleasure.

That man is efficient. He gets the maximum of result with the

minimum of effort. He has thought about his job enough to break

away from the old ways and plan his work so that results shall be

accomplished with no waste of time or energy, and with no duplication of work.

Now the efficiency engineer is one whose guiding ideal is the elimination of waste—whose life work is the task of assisting in the educational movement Vvhich is to make all men like the second barber,

all methods efficient and wasteless as the second barber's methods

are. And the efficiency engineer goes further. He insists that every

job should be done, not only so as to yield the maximum result with

the least possible effort, but also so that the greatest possible amount

of good, direct and indirect, shall result to the benefit of society as a

whole.

Now, when a man trained for this work and obsessed with this

view comes into weights and measures work, he finds many conditions and practices existing which are difficult to reconcile either

with his own principles or with the best prevailing business or moral

ethics, but which seem to be generally accepted as part of the sealer's routine, and for the larger part pass unquestioned, simply be- cause the work early got accidentally started that way and as yet we

have not had in the work enough of technically trained men to alter

the methods set by precedent, or enough men with a sense of humor

to laugh out the absurdities.

It is impossible, therefore, to talk on this subject from the viewpoint of the economic engineer without appearing almost unduly

critical. Yet I have courage at the outset to undertake it, because I

know that at each point at which I appear to criticise I will find the

progressive thinkers in sympathy with me. Passing now to the practical aspects of weights and measures

work as at present conducted, the engineer has but three questions to

ask at each point: First, what is the end we are striving for? Second, are we working along the line best calculated to attain that

end? Third, if we are not on the best track, or are not progressing

as we should, what can we do to remedy the condition ? The first question that should occur to the new sealer, if he have

a proper consciousness of duty, is "^Vhat am I here for? What is

the object of this work?" He finds in answer that he has become one

of a large organization existing for the purpose of securing a square

deal, with just weights and measures, to both parties, in every deal,
124 BTJBEAU OF STANDAEDS.

at all times, and everywhere. Also, that his own direct activities are centered on the task of securing a square deal to both parties in

every transaction involving weights or measures within his own

small jurisdiction. He learns further that his work finds status and

authorization, not only in modern statutes and the old common law,

but also in the laws of ancient nations and in the earliest code of

religious and moral laws of which we have record—and in spite of

these facts he finds that the work is still in its most elementary stages

in this country, and that manifold difficulties confront him in the

effort to properly perform his duty to his public. Eager to better his

service, he studies the performance of other departments and older

officials, attends State conferences, confers with his superiors, and

attends the national conference.

If he be a thinking man, the effect must be disheartening. He

finds little cooperation, and less of mutual confidence. Little work

that shows continuous policy; and less that is constructive in its

nature. Shortages of working force, facilities and appropriations

everywhere; yet duplication of work on every side. Offices over- equipped ; and field kits defective. Good laws well enforced in one

territory, stultified in their effect by defective or poorly enforced

laws in adjoining jurisdictions.

Many phases of the situation are faulty. The faults are of three

classes.

The first class of faults are those which are due to poor local legislation; to failure to analyze the precedents established by predecessors in office; and also to a failure to read human nature. First

among the difficulties that face the average sealer, I believe, will be

found a shortage of appropriations, shortage of working force, and

shortage of equipment. Why? Primarily because the legislative

body to which he must appeal has not responded to requests for

increased appropriations. Why not? Largely because men in all

classes of life are more willing to pay for something they expect

to get than they are to pay for something they have already received

and utilized. The sealer, as a rule, has in the past appealed for

increase of force, for better equipment, for better legislation, by

pointing out how well he has done with what he has. What is the

answer? The answer is immediate and prompt, "This fellow is

doing very well. What he asks for will cost a lot of money. He

says he gets good results for what we are spending. We had better

let him alone." What is needed now all over the country is a

stirring up of intense dissatisfaction with weights and measures

Avork as it exists. When we can make people feel they are not being

served well enough, and that they can get bus}'^ and criticize and

have something better put through, then we can expect enlargement

of force and increases of appropriations. We need the man who

will come out and say franldy, " I am doing rotten work and I know

it, but it is the best that can be done with the force and facilities

you have given me. The public needs better service. Either give me

ithe appropriations needed, or throw me out and put in somebody

you are willing to equip properly." He will not be thrown out.

Second, with regard to inspection, he will find, if he investigates,

that the doubling of the capacity of the test, the increase, for ex- ample, of the test of a 5-ton scale, from a 1,000-pound corner test to a 2,000-pound corner test, will result in great incz-ease of con-
TENTH ANNUAL CONFEBENCE ON WEIGHTS AND MEASURES. 125

demnations. The sealer is not working to get a large number of

condemnations, he is sorry when he condemns a scale ; but when he

condemns a scale he condemns it because he finds that it is not giving

good service to the general public, and the doubling of the range of

the test is the only means by which he could have detected and

stopped this injustice to his public.

Now, in doubling the test on heavy scales, or making the tests on

60-pound scales 60 pounds instead of 30 (as is the case in most jurisdictions), or in testing up to the full 1,000 pounds on a 1,000-pound

scale, the sealer secures greatly improved conditions in his territory,

but in doing this he must greatly reduce the number of inspections

made per year, and by so doing he reduces the revenue from fees

collected. This makes his paper record look poor. Eecords will

show very quickly an increase or reduction in revenue collected, but

they can not be relied upon to show all the advantages which the

public gets from an improved standard of scale performance.

Immediately the sealer faces this problem: Shall he take the course that he knows is for the good of his public, taking his chance

on fighting down the opposition and criticism which he knows will

assail him, or shall he play safe and keep his paper record good?

I think it will be agreed by everyone here (and certainly by all

those who have been freed from hampering restrictions in their own

States) , that it will pay every man who possibly can do it to break

loose and make the fight. In the long run the sealer is going to be

judged by the trade conditions that exist in his territory. A hundred people will buy groceries and coal to every one person who ever thinks of the paper record, and the sealer is successful when those

himdreds are well served and contented.

Twelve coal scales, of capacities ranging from 10 to 25 tons, were

tested in the District of Columbia not long ago—^tested exceedingly

carefully with a 1,000-pound corner test, and all brought to within

nearly the same range of error. We then ran a load of approximately 6 tons on each of these scales in turn and noted the variation

in the weights recorded on the different scales. All were different.

There was no way to know which one was correct, but we did know

that only one could be, and the variations were seriously large. Then

we increased the test to a 1-ton corner test and again got the scales

within the same range of error. Weighing the 6-ton load again, we now found that doubling the

capacity of the test had reduced the range of variation between the

scales by about two-thirds. Testing and regulating these scales next

with a 2-ton corner test, the uniformity shown under the heavy load

was very close. These tests demonstrated so clearly the advantages

of the higher capacity testing that the merchants as well as the

weights and measures division were convinced that its complete adoption would pay, and the merchants of the District of Columbia are now clamoring for it, and many have expressed a willingness to

double the fees paid for tests every time we would double the capacity

of the test. The third trouble is, for most of us, the fee system. In some jurisdictions this has been abolished, but for most of us it still remains a

nuisance, a handicap, and a prolific source of petty injustice. I have

just mentioned one ill efiect of this system—^thie tendency' toward
126 BUREAU OF STANDARDS.

superficial testing which it encourages. But there are other and

worse features. Such a fee, regularly collected, has, to the merchant,

the appearance of a tax for the privilege of using scales. He can

not be expected to grasp the conception that the fee is direct compensation for a personal service and protection rendered himself. Regarding it, then, as a tax, he knows that a tax implies freedom of use of the articles during the fiscal period, and misunderstanding or resentment follows a later condemnation if the scale goes wrong.

The service of the sealer in testing scales, weights, and measures is a service rendered to the whole community. No one class of people

gets the whole benefit of it; no one class should bear the whole ex- pense of it. If we are to say the merchant should pay all the expense

of scale testing, then by strict analogy we should say that only those

who send children to school should pay the school tax; those who

have fires should pay all the expense of the fire department; only

those Avho travel on foot should be taxed for sidewalks.

Clearly something is wrong with this argument. It is too easily

carried to absurdity. Shall only those on the border pay the costs

of our Army ? Shall only the sick pay for the Public Health Service? General services - should be paid for from general funds. Yet

over the country at large weights and measures offices freed from the

fee system are few. The system has lived because convenient and

because it makes easy the path of the superficial worker who seeks

only the appearance of results accomplished. The sealer whose heart

is in his work and whose ambition is real service to his public will

protest the fee system on sight and fight it at every opportunity.

The fourth trouble that the sealer finds in his local administration

is the difficulty in getting a proper attitude on the part of the officials

of his town, the general public, and his own working force toward

the retail dealers. The dealers, as a rule, are square. The average

dealer, if treated fairly, is the best friend of the sealer. So long as he is justly treated he recognizes in the sealer his best protection

against mistakes, misunderstandings, and trade abuses. As a rule,

when merchants learn what proper inspection means they clamor for more. Yet any merchant who takes up the report of the average sealer

finds that what is emphasized therein is the number of crooked dealers

who have been caught—no mention of the 95 per cent who are honest

and useful. He may subscribe to the Scale Journal and turn to the

Sealers' Notes, where the majority of items are statements that

"Sealer Blank picked up such and such a man, who was taken to

court and fined thus and so many dollars," or " Twenty-five thousand

milk bottles confiscated by the weights and measures department

were destroyed by Sealer John Doe. Mr. John Doe also had 5,000

pieces of weighing equipment in his office which he has seized." No

attention is called to the fact that John Doe's city is so large that

25,000 milk bottles is a rather small percentage of the total number

in use and 5,000 scales a very small proportion of the total number

of scales. No; the bald figures are thrust out upon an unthinking

public who read the large numbers, think of the monthly grocery

bill, and cuss all dealers in consequence.

Running all through most of the literature now being published by

the sealers is an element of persecution of the established trade, the
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES, 127

fundamental assumption that the merchants are crooks whom the

sealer is trying to catch. No statements are ever published of the

fact that the vast majority of shortages are due to accident or ignorance rather than to dishonesty. Yet tvhat the sealer needs and

what the merchants need is cooperation. We are after a constructive

service to the public. When you go into a man's place of business

and give him credit for trying to do right, and not knowing how to

keep his scales properly adjusted, talk to him in his own language

(not English, but his own language, that he understands), and

teach him what is needed, you will find him anxious to cooperate and

to please. In 95 per cent of your cases you will have no further

trouble with that man.

The next problem that confronts the sealer as a problem strictly

up to him and not affected by anybody else or any other jurisdiction

is the harm he finds himself doing to dealers through the institution

of court proceedings in cases where there is reasonable doubt of the

intentional guilt of the offender. The practice followed in most jurisdictions (which most any lawyer will tell you is the correct one)

is to take such a case to court for a decision on its merits. The

familiar argument is that the courts exist to try just such cases. If the man be innocent, justice will be done, and he will be acquitted.

But many offenses occur through excusable ignorance of the technicalities of the law or through ignorance of the mechanical properties of scales or through unavoidable accident. If such a case be

brought before the court, the business standing of the defendant is

hurt, even though he be acquitted. In the vast majority of such cases

a quiet word of instruction and warning to the dealer would have

permanently corrected the abuse and secured his future cooperation.

To try to avoid the responsibility for the hardship done to such a man by saying that justice was served in his acquittal is rank hypocrisy.

The court should never pass on the merits of any doubtful weights

and measures case. No sealer should take a case to court until he

knows there is absolutely no reasonable doubt as to the moral, as well as legal, guilt of the offender.

Let me illustrate to you from actual records the results of this

?olicy as applied in the District of Columbia. Of approximately

00 cases examined into where the law was technically broken, where

the offenders were legally guilty, there were only 30 in which there

was no doubt that the man was morally guilty of an intention to

cheat. These 30 cases only were sent to court. Because the cases were clear cut and the evidence conclusive, the trials were rapid.

Because the court was thankful for the economy of its time, and be- cause the court knows the policy of our office results in bringing only

serious cases before it, the fines inflicted were exceedingly heavy.

Let me make one point very clear. Second offenses of doubtful

nature do go to court. Out of the 700 mentioned only about 20 were

second offenses. Most dealers, if handled properly the first time, do

not offend again. Like all the rest of us, they are anxious to do

right, but oftentimes they simply don't know how.

The final trouble experienced in the local jurisdiction, which is in

no way dependent upon outside conditions, but is strictly up to the

sealer himself, arises out of the futile folly of the " test case. Even
128 BUREAU OF STANDARDS.

the basic theory of the test case is so ridiculous as to be difficult of

expression. It appears to be this

That a good law has been passed, is on the statute books, appears

to be good and effective, and is certainly going to do a lot of good

therefore, because there is always a possible chance that somewhere a court might be found foolish enough to knock it out, because there is a bare chance that some sharp lawyer may be able to find some legal

twist or technicality to kill it, then let's invite this misfortune early,

instead of usefully applying the law and demonstrating its practical

advantages.

Could anything me more illogical? It means, shortly, that because, ultimately, some man may go to the court with a case that will

nullify a beneficial law, therefore invite the nullification as early as

possible. The result is that a great deal of good legislation, which is

needed, which is wanted by practically all parties everywhere, and

w^hich would stand for long periods under normal conditions, gets

thrown out early, leaving the public without proper protection until

the legislative bodies can meet again. Such tactics keep the legislative bodies constantly at work trying to patch up legislation to make

it accomplish what they are trying to get done, and results finally in

legislation by the judiciary, which is a condition opposed to all fundamental principles of American legislation.

The test case also invites another set of abuses. It invites continual

criticism and a continual tendency to haggle and harass the sealer

from every source within his public. Among scale men, merchants,

and even consumers there is a feeling that he is ready, if approached,

to deliberately suspend action on a piece of legislation which he

knows to be good, during the time decision is pending in a court on

a case which he has agreed to help frame up in a way that gives the

other fellow more than his usual chance of winning, in which it is

usually prearranged that appeal will be made from whatever decision

is handed down, so that it will take the longest possible time to reach

a final settlement. They know and we know that there are only two

possible results of this policy, both of which are bad—either a

technically sound law which will stand and should be enforced is unnecessarily suspended in its operation and the public robbed of its

protection or else a good and useful law gets permanentl}'^ thrown out

of operation through a technicality which, under normal administrative routine, would probably not have been invoked for years.

The sealer's duty is to seek the complete enforcement of the spirit

of the laws, not to hunt for technical faults in them.

So much for the first group of troubles.

The second group are the troubles arising out of faulty conditions

in the scale trade. I think most of us will agi'ee that practically

everywhere the scale trade shows too much tendency, when a sealer

takes action which is adverse to their interests, to first attack his intelligence and then if that fails to attack his motive. How long this

attitude shall last is up to the sealer. It is largely our fault that

there has not been enough of mutual confidence and thorough cooperation between the scale-distributing agencies and the sealers. I am

convinced of this, not only by experience within our own territory but

also from a fairly wide observation over the entire eastern section of

the United States.
TEiSTTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 129

Part of the trouble is due to the fact that sealers have not considered carefullj' enough the difficulties and handicaps under which the

scale companies are operating, and have shovrn too little consideration of the real needs of the trade. There is too much disposition to

think that scale companies can do almost anything—that, being big

and apparently rich corporations, they can do practically anything

the sealer may demand. But it is equall}^ true that most of the scale

companies have thus far shown an absolute unwillingness to play

the whole game on the square and go full halfway in the compromises. They are eager and anxious to take full advantage of

every favorable decision or action of the sealer, and to praise him to

the skies when his action is favorable to their interest, but fight him

from the drop of the hat, and by means not always fair and aboveboard, when he decides a question against them.

It seems to me that the solution of this problem is in the hands

of us sealers. We can train up in our offices promising young men

who will be exceedingly valuable to the scale companies. Of course

the point of view of such a man will change somewhat as soon as he

leaves the sealer's office and enters the emploj' of the companj^, but in

spite of that he must carry with him a knowledge of and sjanpathy

for the work and aspirations of the sealer, which, coupled with the

sealer's knowledge of and confidence in the man, must tend toward a more thorough and whole-hearted cooperation.

I am so thoroughly convinced of the value of such an arrangement

that here in the District of Columbia we are establishing a definite

and permanent policy along these lines. Onl}?^ technically trained

men are to be taken on, these men to be young and selected partially

with a view to their ultimate value to the scale companies. We will

welcome any scale company that will hire one of our men on the

level—a bona fide employment, permanent, and responsible—and will

be glad to see them hire any man we have, provided only that they

put him to work in our territory.

We assume that they can not get him away unless they can pay him

more than Congress permits us to pa.y him. We assume that they will

want him because he has been a good sealer, and we know that after

he is affiliated with them he will cooperate with us, because he has

been a good sealer and knows the value of what we are trying to do.

Therefore we believe that there will arise a mutual understanding

and cooperation which will be beneficial to both sides. To this end,

in the training of our beginners we see to it that they early receive

the knowledge that will enhance their value to the trade. Of course we know that we can not hold these men very long. We don't want

to. We will be glad to get two or three years of service of such men

before they go out into a service in which they can earn more money

and be just as valuable to the cause of honest weights and measures as they could be were they still in our department, only in

an indirect way.

The third class of troubles includes those arising out of the present

poor organization of the weights-and-measures forces and inadequate

legislation. These fall into two subdivisions, of which the first is

the duplication of work going on everywhere and on every side. I

will point out one case that is characteristic. Why should my department, or any other department corresponding to mine, put in a 24309°—16 9
130 BUREAU OF STANDARDS.

testing apparatus and. run tests to determine tolerances and specifications, or to make tests on occasional pieces of special apparatus that

the ordinarj' sealer can not take care of m the field, when there exists

another, larger organization, specially equipped, national in its scope,

perpetual in its nature, with trained specialists retained for the performance of this work? Yet that is being done. In State departments which are short of funds and of field men, in cities unable to

show one inspector to the hundred thousand inhabitants, we find

laboratories set up and men detailed to work in them on experimentation and tests that could far better be done at the national institution.

Speaking now as a local sealer, I would infinitely prefer not to

do that work. Before coming here it has been my privilege to serve imder some of the best managing engineers and sales managers in the

United States, and among them all I have found this rule applied

Take full advantage of every outside facility at your disposal, and

put your own force to work on things that nobody else can do for

you.

The largest producer and distributor of steam power-plant auxiliaries in America told me once that the secret of all successful management lay in this : " Never do anything for yourself that you can

get somebody else to do equally well for you." Yet on every side we

find men working in laboratories while field forces are inadequate;

money spent on laboratories while field inspectors are underequipped

thousands upon thousands of dollars annually spent in States and

cities all over the Nation, in trying to do for themselves work which

can be better done in the central bureau which the CongTess has es- tablished and elaborately equipped for that purpose.

Administrative work must vaiy in some degree in different jurisdictions, but technical work is the same the world over. Given the

skill, and given technical men influenced by nothing but technical

observations, the final report will read the same if the men are of

first-class caliber, no matter where the work is done. Technical investigations properly conducted can result only in flat, cold state- ments of truth. That being the case, the whole work of these laboratories being mere matters of physical and mathematical demonstrations of truths, it is high time to concentrate all the time, money,

and effort that is being spent into the place where we can get the

truth best. Instead of wasting money and effort in a number of

small underequipped, scattered laboratories, with underpaid workers

continually changing employment, we should send all work that can

be sent, surrender all responsibility that can be surrendered, to one

great laboratory where, besides securing the economies that come

from large-scale operation, we can rely on Congress to get first-class

men and to pay them enough to hold them permanently on this important work.

The last trouble—one that is causing great loss and much injustice

throughout the country—arises from irregular sectional legislation

and irregular enforcement of such legislation as happens to be uniform. Although the need for the Ashbrook bill logically falls under

this head, I am not now referring to it because there is a session

scheduled for the discussion of that. I refer now to something quite

different.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES, 131

In every large city, New York, Chicago, St. Louis, Philadelphia,

Baltimore, and Washington, for instance, there are great wholesale

houses selling to retail dealers and also to some extent to the public,

who are buying in other jurisdictions—usually in country sections of

other States. In the cities they are held to very close tolerances

here in Washington, for instance, we require their scales to be within

an error of one-eighth of 1 per cent—and they learn to make it. There scale men are educated to that degi-ee, and are therefore able to

put in a scale anywhere and adjust it to within one-eighth of 1 per

cent of any point desired. Now, these people are buying in other

States, usually at receiving stations in country districts where much

larger tolerances are allowed, where in most cases a scale will pass

easily if it is within 3 per cent of accuracy, and where scales frequently are tested once when new and going into service, and are not tested again for years. So what they do is to carefully test and

adjust these country scales to within one-eighth of 1 per cent of the

limit of tolerance that will be allowed them there, and thus pocket

the difference in their favor. I use the example of a 3 per cent difference advisedly, for the very first case of this sort that came under

my observation was that of a company buying literally millions of

dollars worth of goods every year in sections where their scales were

3 per cent off from absolute accuracy, and selling over scales that

were within an eighth of a per cent of absolute accuracy—entirely

within the law in each jurisdiction, and making 3 per cent on the

material before beginning to count visible profits at all. Of course when this concern could also sell in a section which allowed a 3 per

cent tolerance, it could make 6 per cent profit on the material handled.

Of course such a case would be extreme, but rake-offs of 1^ or 2 per

cent in this way are common.

That is a tremendous loss to the community at large, most of which

is thrown back upon the producer. The agricultural sections, which

have the poorest legislation and also lax enforcement of law (or none

at all) are, as a rule, the ones that are suffering the most. I know

this because of my connection in the marketing world. Here in the

District of Columbia the same department has charge of the marketing work and also of the weights and measures, and I came here

primarily as a market man. Some of the problems that arise in the

marketing work would be quick eye openers for those who conceive

weights and measures work to be local and imagine State legislation

to be sufficient. Wherever legislation varies, wherever there is a

difference in the tolerances allowed, or whenever too much tolerance

is allowed, scales can be set within the range of the variations allowed

and made to yield the operator an unfair profit, which the producer

loses. The whole steal is pulled off strictly within the law. So long

as the Federal Government fails to accept its responsibility in the

matter and leaves it up to the varying whims of State legislatures^

such steals will continue to be within the law. You and I know that

in the business world what is legal becomes the business ethics. This

evil will not disappear until stamped out by Federal legislation.

Do not think for a moment that if your jurisdiction is at one end

of such a deal you can reach it by cooperation with the local sealer at

the other end. In rare cases that may be possible, but usually you

will find that he, like yourself, is limited in his activities by the laws
132 BUREAU OF STANDARDS.

of his State, and that the matter can not be reached by discretionary

regulation. Even in those cases where it could be so reached you

can not count on getting the cooperation of the fellow at the other

end. In these States where sealers change an average of every two

years, a cooperating sealer is usually followed by an unfriendly one. Undertake then to force a correction and you find yourself prohibited

by an unwritten law of professional ethics. It is odd, but the only

professional ethics that appear to have grown up in the weights and

measures business is that branch which prevents you from criticizing

your neighbor ; and you can not take up a negligence or an error of

judgment in another jurisdiction lest you appear to criticize—lest

you get the other fellow in bad, or get in bad with him.

This fault occurs in other forms. A scale is condemned close to

the line of your jurisdiction and a short time later you will find

that same scale, with the remains of your condemnation tag still hanging to it, in service not one-quarter of a mile from where you

condemned it. The stuff weighed on that scale is sent into your

territory and you can not touch it. A case in point occurred in the

District of Columbia. A coal dealer who sells nine-tenths of his

tonnage within the District of Columbia has his receiving yards

close to the District line. We condemned his scale, which was an old one and beyond repair. He moved it less than 200 yards across the

District line into an adjoining State. Over there his scale passed,

and Ave can not touch it. His coal comes into the District, and the

only way we can get him is to catch and checkAveigh his wagons,

but it is exceedingly difficult to do that with a small force. That sort

of thing can not be reached under any existing legislation. We need

something in the way of Federal legislation to meet such conditions.

Such conditions in a field of work which is of the greatest importance to all people in every community suggest the need for a

constructiA^e organization of the work where chaos now exists, to the

end that in the future the work may be so organized, the various

tasks and functions so assigned, that no local official, no matter

where located, shall ever be hampered or prevented by forces beyond

his control from attainment of the highest standard of usefulness;

that uniformity of legislation and continuity of adrninistratiA^e

methods may exist throughout the States for the benefit and proper

protection of the general public; and that the manufacturers of

weighing and measuring apparatus may have but one uniform set of

requirements to meet. I am one of those who believe that those men

need a great deal of consideration.

Finally, the organization should be such that there may be a minimum of duplication of work, and the greatest possible result obtained with the least possible cost to the public. I am not going to

try to describe in detail how this shall be done, although I have clear

ideas on the subject. But as a rough sketch

We need the local sealer; we need the State department superAdsing him to help him—not to restrict him in any way, but to help him

and to give him aid when he needs it; and instruction or assistance

when he calls for it. We need a central helping and educational body

of a national character for the assistance of State departments. Such

a body should have men constantly employed in the field, going from

State to State, to assist, to counsel, and to advise State departmental

heads in the securing of uniform administration of laAvs in order to
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 133

smooth out the troubles that now exist through difference in administration of practically the same laws in the various States, We

need, finally, a greater uniformity of local State laws; and, without

meaning in any wise to appear to be shoving an}'^ particular measure,

I want to say that here in the District of Columbia, after trying

for two years to draft a first-class piece of legislation for ourselves,

we found that we had arrived so nearly exactly on the model law in

its second form that we have decided to put that up instead, because

we know it has stood the test. We need uniform legislation, and we need some central body, national in its character, to serve the entire Nation through the absolute

determination of what types of weighing apparatus shall be allowed

to be put upon the market, in order that the local sealer may never have to contend with those difficulties, and to determine absolutely

what tolerances shall be allowed on the various types of apparatus.

This involves no restriction of the local duties or privileges of any

State official or any local sealer, except that it marks the lower limit

of what he may do in this line. Any State should be permitted to go

further than such a national organization would go. Any State

should be permitted to require closer tolerances, if it can get them

applied in practice, but no State should be permitted to fall outside

of a minimum that should be set by national authority.

I thank you.

RESOLUTION FOR APPOINTMENT OF COMMITTEE TO INVESTIGATE

ELEVATOR HOPPER AND GRAIN SCALES.

Mr. QuiNN. Mr. Chairman, I have here a resolution.

The Acting Chairman. The secretary will please read the resolution.

The Secretary (reading) : Resolved, That a committee consisting of the State weights and measures

ofBcials whose teiTitory includes a grain port, together with the local weights

and measures officials of those ports, be appointed to draft rules and regulations

and methods of tests for elevator hopper and grain scales used in connection

with grain elevators in the United States for the production of uniformity of

such tests, rules, and regulations, such committee to consult with and seek

the cooperation of the various grain associations of such ports.

DISCTISSION.

Mr. QuiNN. I move the adoption of that resolution, Mr. Chairman.

The Acting Chairman. Shall we pass upon this now or refer it to

the committee on resolutions ? Mr. QuiNN. Mr. Chairman, in offering this resolution I had in

mind a condition that applies to almost every section where gi'ain is

handled. In the city of Buffalo we have a system of testing scales

that we think is correct. In testing a scale there we test to the full

capacity. We have about 100 such scales with a capacity of 12,000

pounds. In making that test we test the scales with 6 tons of

weights. At all those tests we have scale men and the superintendent

of .the elevator present. The last elevator I visited had 400,000

bushels taken out, and they were 7.500 bushels short. There is an

agreement among the lake carriers, the vessel owners, and the different associations on the Lakes to allow 15 pounds to a thousand bushels,
134 BUREAU OF STANDARDS.

and if they get anywhere near that they are satisfied. There is no

good reason why there should be any difference in a cargo coming

down the lakes. If all the scales are tested in the same way there is

no chance for any leakage. All we know in Buffalo is the method

we follow. By the adoption of this resolution we could find out

methods used at other ports making the tests, and we will be glad to

learn anything they can show us. We are .willing to learn, so I hope

this resolution will be adopted.

The Acting Chairman. Unless there is objection, the motion will

be put. Those in favor say "aye," opposed " no."

(The motion was agreed to.)

The Acting Chairman. The Chair will entertain a motion to appoint a nominating committee.

Mr. Sweeney. I move you, sir, that the Chair appoint a nominating committee.

(The motion was seconded.)

The Acting Chairman. Those in favor will say " aye," opposed

"no."

(The motion was agi-eed to.)

EESOLXrXION in OPPOSITION TO TEE SYSTEM OF INSPECTION.

Mr. Eeichmann. May I introduce a resolution ? The Acting Chairman. Yes.

Mr. Eeichmann. My reason for asking that it be received at this

time—perhaps not the right time—is that the gentleman who handed

me this resolution wants it in connection with some work in his State,

and wants to use it to-day. The resolution reads as follows

Resolved, That the National Conference on Weights and Measures in convention assembled is unalterably opposed to any fee system for weights and

measures inspection or sealing, because it is against the interest of the con- sumer, is conducive to inefficient work, and amounts to a double taxation of

honest merchants.

I move the adoption of the resolution.

(The motion was seconded.)

The Acting Chairman. I think perhaps there is a reason for act- ing upon this now. If there is no objection, we will act upon the

motion directly, without referring it to the committee. Are there

any remarks? All those in favor say " aye," opposed " no."

(The motion was agreed to.)

Mr. Barnard. Mr. Chairman, I move you that we adjourn for

luncheon.

(The motion was seconded and agreed to.)

(Thereupon, at 12.20 o'clock p. m., a recess was taken for

luncheon.)
FIFTH SESSION (AFTERNOON OF THURSDAY, MAY 27,

1915).

The conference reassembled at 2.30 o'clock p. m.

APPOINTMENT or COMMITTEES.

The Chairman. The Chair has been instructed to appoint two

committees—a nominating committee and a committee on resolutions,

On the nominating committee I appoint Mr. Downing, of Wisconsin

;

Mr. Farrell, of New York ; Mr. Hanson, of Massachusetts ; Mr. Hand,

of Mississippi ; and Mr. Cluett, of Chicago.

On the resolutions committee I will appoint Mr. Willett, of Indiana ; Mr. Waldron, of New Jersey ; and Mr. Johnson, of California.

Mr. RioRDAN. Mr. Chairman and fellow delegates, this is the first

convention I have attended here. I have been a sealer of weights and

measures for about 13 months, and I believe that it would be of

some interest to this convention to know how it strikes me as a beginner, and I want to say right here and now that to my mind the

most practical paper read at this convention was the one read this

morning by Mr. Sherman, and I say that with all due respect to the

other papers which were read, and I gave them all my closest attention. However, I feel that I came here to get information that

would be of some practical use to those people of Lowell who are re- sponsible for my being here, and I feel that I got more practical

information from that paper of Mr. Sherman's than any other, and

I want to thank Mr. Sherman and tell him I appreciate his paper

very much. I feel if I heard nothing more than that paper that I

myself and the people of Lowell are amply repaid for sending me

here.

The Chairman. I feel a good deal as the last gentleman, that some

of the technical papers will be of a good deal of use, and I am glad to

know that they, are appreciated. I myself was also greatly impressed with Mr. Schlink's paper and with that of Mr. Brooks's, and

I do hope that in another year we will have more articles along those

lines. I was glad to see you all circulating among the laboratories.

I am reminded of a promise made to hear the city sealers. In circulating among them I find there are a few who have come across novel experiences and brought up new questions, and I sincerely hope

before we get away from here that we can hear from some of them.

I do not want to interject that matter now, because we have laid out

a program which we will have to proceed with. I understand we

have a kdy delegate here—Mrs. Haenlein, from New York City.

We will be very glad to hear from Mrs. Haenlein. Mrs. Haenlein

is almost the first lady delegate we have ever had in the convention

and a number have asked that she be heard, and we are glad to grant

her the privilege of the floor if she desires.

135
136 BUEEAU OF STANDARDS.

REMARKS BY MRS. KATHERINE HAENIEIN, CONFIDENTIAL REPRESENTATIVE, MAYOR'S BUREAU OE WEIGHTS AND MEASURES, NEW

YORK, N. Y.

Mr. Chairman and delegates, I would like to tell you a few things

in regard to the work of the women. I believe the city of New York

has the distinction of having the only women inspectors of weights

and measures. I believe other departments have inspectors that they

have kindly loaned to the bureaus of weights and measures of the

different States occasionally, but our city has three women inspectors.

The work of these women consists principally in correcting the thing

that Mr. Sherman saj^s is an abuse. I agree with Mr. Sherman in

that. These women go into stores and ask for sugar, tea, coffee, or

an}^ other commodity such as the women in the household use and

also ask the price. After they have their aggregation of commodities

together the man states the price of the entire number of articles,

and the woman politely tells him she is an inspector of weights and

measures and would like to reweigh these articles. They then

reweigh those, and if they find that the man is a violator of the law

in any particular—of course they use their judgment and tact as to

how much of a violator he is—they try to correct the condition.

They state to the man that they know he is doing the wrong thing,

but as he has not been a violator previously, and as they are not sure but what it is carelessness they will give him another chance. Incidentally, within a very short time, another woman inspector makes a

visit to this man to see if he is doing the same thing, and if he is,

they want to know why.

That is the method I believe Mr. Sherman suggested. Instead of

having these people brought into court, they are brought up with a sharp turn to explain to our commissioner, who prosecutes them if it

is a real violation.

I did not intend to have anything to say during the convention, and

I am a trifle embarrassed. My particular work is not that which I

have outlined. M}'^ work as confidential representative is the acquiring for the commissioner of data on the work that he is engaged in,

and rounding it up and getting to the point where he finds out things

as they are, without inspection. I go in as an individual, not as an

official at all, and that gives the commissioner a good working idea

of how things are running. Then, if it is necessary to have any

prosecution, I push the thing up to where we bring in the inspector,

and the inspector completes the work of bringing him into court.

That absolves me from going into court and becoming identified

among the dealers of New York. I wish you all success in your

meetings.

RESOLUTION EXTENDING VOTE OF THANKS TO MR. SHERMAN.

Mr. Waldron. Mr. Chairman, I feel there should be some recognition shown by us for the very pleasant time we had on yesterday.

One of our members, through his efforts, time, and trouble, went into

the matter and provided a very pleasant time for us, and, therefore,

I move that a vote of thanks be extended to Mr. Sherman for the

very good time he has shown us. (The motion was seconded.)

The Chairman. I am free to confess that it was Mr. Sherman

who suggested that sort of an entertainment, and we carried it out.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES, 137

although we were at considerable loss to know just what to do, from

the beginnin^g. Those matters do not go well unless we have someone to put energy into them, and I want to heartily indorse the

second.

(The motion was unanimously agreed to.)

The Chairman. We will now proceed with the next item on the

program, the discussion of tolerances and specifications, and, in Mr.

Fischer's absence, I will ask Mr. Holbrook to read the report,

Mr. Reichmann, Is this the report of the committee on tolerances, a preliminary copy of which, with amendments, was sent out to all

delegates, which you are calling for now ? The Chairman. Yes.

Mr. Eeichmann. I think all the gentlemen here have read that

report and have gone over it carefully.

Mr. Holbrook. This is the formal report preliminary to that matter which is in your hands.

EEPORT OF COMMITTEE ON TOLERANCES AND SPECIFICATIONS.'

Your committee on tolerances and specifications respectfully submits the following report

In accordance with the motion adopted by the conference of 1914,

the committee have revised the wording of the tolerances and specifications in order to clarify them. In the course of this work various

discrepancies and omissions were found and it was deemed necessary

to incorporate these changes in the advance copy of the report. The

final report, which was distributed yesterday, contains further re- vision, which, through lack of time, we were not able to include in

the tentative report.

The following letter of transmittal accompanied the report sent to

each delegate

To the delegates to the Tenth Annual Conference on the Weights and Measures

of the United States:

Dear Sir: There is inclosed herewith an advance copy of the report of the

committee on tolerances and specifications, which will be presented to the

tenth annual conference to be held at the Bureau of Standards in Washington,

D. C, May 25-28, inclusive.

This report has been prepared pursuant to the instructions of the ninth an- nual conference to revise the wording of the tolerances and specifications, without changing their meaning and effect, in order to clarify them. When the

committee undertook this work certain discrepancies and omissions in the tol- erances and specifications as at present adopted became apparent, and after con- sideration it was decided to make such additional changes as were deemed nec- essary and to present the complete report for the action of the coming conference. This report is a tentative one, but it contains most of the changes of

importance. The committee will continue its work and a few committee additions and amendments will be offered at the conference, which will finally complete the report.

Delegates are requested to read this advance copy in connection with the

original report and the amendments thereto, as published in the eighth and

ninth annual conference reports, respectively, in order to inform themselves

as to the changes proposed and to give due consideration to these changes.

They will then be ready to take such action as they deem proper when the final report is presented. Please bring the inclosure with you.

Respectfully,

(Signed) L. A. Fischer,

J. C. Connors,

Committee.

The tolerances and specifications, as adopted, will be found in Appendix 1, p. 193
138 BUREAU OF STANDAEDS.

A copy of the tentative report was also sent to each manufacturer

with the following letter of transmittal

To manufacturers of loeigMs and measures and weighing and measuring devices:

Dear Sie: We are inclosing herewitli an advance copy of the report of tlie committee on tolerances and specifications, which will be presented at the Tenth

Annual Conference on the Weights and Measures of the United States, to be

held at the Bureau of Standards in Washington, D. C, May 25-28, inclusive.

This report has been prepared pursuant to the instructions of the Ninth Annual Conference to revise the wording of the tolerances and specifications, and

there have also been included several changes in meaning and certain additions where discrepancies and omissions had become apparent. This report is a tentative one, but it contains most of the changes of importance. The committee will continue its work, and a few committee additions and amendments

will be offered at the conference, which will finally complete the report.

The committee believes that the changes as a whole are not such as to greatly

affect the manufactvirers. However, you are requested to read this advance

copy in connection with the original report and the amendments thereto as published in the Eighth and Ninth Annual Conference Reports, respectively, and

if any criticisms appear necessary you are requested to submit them in writing

to Mr. L. A. Fischer, Bureau of Standards, Washington, D. C, the chairman of

the committee, not later than Tuesday, May 25. They will then receive the

attention of the committee and of the conference.

Respectfully,

(Signed) L. A. Fischer,

J. C. Connors,

Committee.

In accordance with the invitation contained in this letter to the

manufacturers various communications containing suggestions and

objections were received, and these suggestions and objections, in so far as they refer to specific tolerances and specifications contained

in the report, will be read by your committee. These are being read

in order that the conference may be informed as to the nature of the

objections made.

The committee extends its thanks to the Bureau of Standards for

the valuable advice and assistance they have readily given. The

committee also extends its thanks to the weights and measures offi- cials and to the manufacturers of weighing and measuring devices

for the valuable suggestions and criticisms offered.

Respectfully submitted.

(Signed) L. A. Fischer,

J. C. Connors,

F. P. Downing,

Committee.

Discussion.

Mr. Reichmann. Mr. Chairman, inasmuch as this committee has

sent out advance copies of this report, which were received a week

or two ago, which no doubt the delegates read over with more or

less care, the main body of the report being simply small changes

in language of those parts of previous reports which have already

been adopted by this conference, I move you, sir, that the committee's report be adopted as a whole instead of section by section.

(The motion was seconded.)

The Chairman. Are there any remarks? I would like to ask

whether this will not preclude the bringing up of any special points ? Mr. Reichmann. It will not preclude the bringing up of any special points, but it is merely to expedite the matter. I do not agree

with some of the English that the committee uses, and they would
TEiSTTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUEES. 139

not agree with some of the English I use, but we would not be getting anywhere to take this up. section by section.

The Chairman. While it may not be relevant at this time, I have

often thought that the time has come for enlarging the committee

on tolerances in order to make it a little broader in scope. You have

heard the motion and second. All in favor say aye, contrary no. (The motion was agreed to.)^

The Chairman. Are there any special points to be discussed in

connection with this subject? It would be a very good thing to

call the attention of the committee to those matters which you think

ought to receive more careful consideration, or any matter that will

be of help to the committee.

Mr. Eeichmann has suggested that when you go home, as you

think of these matters, if you would cormnunicate with the committee

it would be a good idea. We have to depend more or less on committees, and it would be an excellent thing for the various delegates

to correspond with these committees during the year.

Mr. Austin. Mr. Chairman, is it in order to take up the question

of special points at this time, in connection with these specifications ? The Chairman. Yes. The committee would be glad to receive

suggestions.

Mr. Austin. Under the heading " Scales—General specifications,"

I read section 10, as follows

No scale shall be equipped with a scoop counterbalanced by a removable poise or weight.

I know in my experience we have a great many scales of that pattern that are in use, especially in hardware stores, and it seems to

me it is rather an unnecessary provision. I can not see where a scoop weight to counterbalance the scoop is anything that needs to

interfere with the honest working of the scale. I do not care to

make a motion to strike out, but I would like to hear an expression

on that subject.

Mr. Connors. What the committee had in mind was what is commonly known as a "scoop-on and scoop-off" scale; also a counter

platform scale with a removable weight to counterbalance the scoop.

The committee has found that there is a great deal of fraud caused

by such a removable weight, inasmuch as the dealer who is inclined

to short-weight simply throws the weight away or hides it in some

way and takes it out only when the inspector comes in. When sell- ing he simply fills the scoop and puts it on the scale without counterbalancing, thereby short-weighting the customer the weight of the

scoop. Some scales are counterbalanced with a ring on one side and

the scoop on the other. We found a number of cases where the

dealer removed the ring and placed the commodity on the scale.

The same thing happened on counter platform scales when the re- movable weight was not used. We tried to correct that condition by

providing that the weight be attached to the beam in some manner

and that the device indicate on the customer's side whether the scoop

was on or off the scale. Have I explained myself clearly?

Mr. Austin. Yes, sir. I understand the reason for that provision

;

but it seems to me, personally, that it was an unnecessary precaution.

1 Tbe tolerances and specifications as adopted will be found in Appendix I, p. 193.
140 BUKEAU OF STANDARDS.

Many scales equipped with a scoop are also used for the purpose of

weighing flat materials in hardware stores where they can not use a

scoop, and if they have the scale equipped with a scoop alone they

could not use it for the weighing of these heavier materials. For instance, if they wanted to weigh iron upon a platform scale they could

not well use the scoop, and if they have occasion to weigh nails over

the same scale they would either have to have two scales for it or counterbalance the weight of the scoop.

Mr. Eeichmann. This only applies to perfectly obsolete types of

scales which no scale manufacturer makes in tliat way any more. This does not rule those scales out which Mr. Austin refers to. Mr. Connors. No. They represent on the customer's side whether

the scoop is on or off. Mr. Austin. One more question. Last year there was a clause

stricken out of the specifications relative to the mechanism used to

compensate for temperature effect upon springs. I find here, sec- tion 11, under the heading " Spring scales":

No device to alter the working or effective length of the spring shall be placed on the outside of the scale. I would like to ask the committee for an interpretation of that

clause and whether it applies to the scale referred to in last year's

specifications, where this instrument is placed underneath the platform of a scale.

Mr. Connors. In my mind, and in the mind of the committee, I

know there was nothing in the specifications prohibiting the use of

that scale. What we had in mind was to prevent the placing of a shortening or lengthening device where it could be easily gotten at. Mr. Austin. Then in this particular scale—I presume the committee knows the one to which I refer—this device which is placed

underneath the platform, which requires a screw driver to manipulate it, would not be considered such a device.

Mr. Connors. No, sir; that would not shorten or lengthen the

spring.

Mr. Johnson. I would like to bring up a question with regard to

section 3 of the specifications, under the heading "Milk bottles,"

reading as follows

3. Glass bottles with an inside diameter of not over 2 inches immediately

below the cap seat or stopple shall hold the correct capacity when tilled within

one-quarter inch of this cap seat or stopple ; bottles with an inside diameter of over this amount immediately below the cap seat or stopple shall hold the

correct capacity when filled to within one-eighth inch of this cap seat or

stopple.

I made a thorough investigation of these conditions in California

a short time ago, and in conference with the manufacturers of filling

machines, and they contended that the machines were built so as to

fill their containers up to the cap-seat. They further contended that

if we were to require a filling to a point a quarter of an inch below

the cap-seat that it would eliminate the practical use of all these

machines so constructed. I further made a careful investigation as

to the manner of filling bottles with these machines and found that

in all of the bottles there was a certain amount of air space which,

on investigation, proved to be little less than one-eighth of an inch,

although they endeavored to make the capacity up to the cap-seat. It
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUEES. 141

therefore prevented the adoption of a specification establishing a

capacity up to within one-quarter of an inch of the stopple or capseat. The milk men contended that if there was a larger space permitted, that in the delivery of these containers the milk would churn

and be in an unsavory condition. I have, therefore, adopted in the

State of California specifications to the efi:ect that the capacity shall

be within one-eighth of an inch of the cap-seat, which provides for

the use of these various characters of machines, and it appears to be

perfectly satisfactory to the milk men and to the manufacturer as

well.^ I believe if you will kindly view this matter from my point

of view that one-eighth of an inch would be more practical under

present conditions than a large space of one-quarter of an inch.

The Chairman. If the machine can fill it to within one-eighth,

why can not it fill it within one-quarter ? Mr. Johnson. They contend their machines fill it up to the capseat without any air space, but on investigation I find that there is

an air space of a little less than one-eighth of an inch, and to compensate for that condition, on the i-ecommendation of the milk men

and manufacturers, I adopted one-eighth inch.

The Chaieman. There has been a great deal of discussion about

this matter and there are a number of people here who have given

it careful attention.

Mr. Sharp. We were here last year and raised a rumpus, I might

say, on the milk bottle situation. As we have read these advance

copies of the specifications and tolerances we heartily agree in every

respect with every word of them because we believe every word in

there is the best thought that can be put in there, and especially the

tolerances on the average test as they come into our city. We have

more than 3,000,000 bottles used in our city, and I believe the toler- ances which we hope to adopt when we get back will solve the problems we have to deal with.

Mr. Sherman. I want to speak in favor of standing absolutely pat

on this section of the specifications, for the reason that this space

is necessary in order to prevent spraying the customer with milk

when he attempts to open the bottle. Most bottles have tags to pull

the stopper out, but as a matter of fact, the common way to open the

bottle is to jab something into the top, and the milk generally flies

out over your face.

Going further, you will find a greater air space allowed in the

case of milk pasteurized in a bottle, which is absolutely necessary.

We have that up in the District this year very acutely. In the case of milk pasteurized in the bottles, the bottles made under the old

specification which contain the full quart or pint, were filled up to

the cap seat. The bottles were filled with the correct amount of

milk, they would go into the pasteurizer, and the milk would expand

more than the glass and would bubble around the top ; it would then

come out hot and the bottle could not be reopened without spilling

the milk, and the milk would sink to a space of one-quarter of an

inch below the cap seat right along—it averaged that constantly. I

have followed the operation all the way through. The milk is put

in the bottle and covered with a fiber stopper, which is impregnated

with paraffin. The loss is due to a natural bubbling out of milk at

the top, since the milk expands more than the glass.
142 BUREAU OF STANDAEBS.

We have also found that machines operated in the District of

Columbia can be so adjusted as to put in the amount of milk wanted;

we can fill a bottle half full, three-quarters full, or to within a quarter or an eighth of an inch.

The Chairman. That is a real physical reason and I doubt if

you can get around that.

Mr. Goodwin. Mr. Chairman, in my State we have a very peculiar

law. Practically speaking, it is an act allowing tolerances, pure and

simple, and that is practically the whole bill. At the close of the act

it says:

This act shall privilege in all measui'es, or vessels, or jars, or cans, or re- ceptacles used for the sale of milk, a tolerance of 4 drams.

I want you gentlemen to understand what that means. That

means 4 drams on a quart, 4 drams on a pint or half pint, or 4 drams

on a quarter of a pint. Can you conceive of any legislature passing

such a bill as that ? After that is all set out they turn around and say that the whole

subject shall be left in the discretion of the State sealer, so that I can do practically as I please. I have to use some judgment, and I was

going to ask Dr. Stratton's opinion as to how I should act in the

matter.

Mr. Maroney. Perhaps some of the gentlemen of the conference

do not know that there is a machine built which will eventually take

care of the sterilization of milk in a much better way than it is done

at the present time. I have in mind a machine that sterilizes milk

in bulk and agitates it at the same time so as to make the milk uniform—the agitators are hooked up with an electric machine to kill

the germs. In view of that fact you do not need a one-eighth inch

tolerance but you could even cut that in two.

Mr. Johnson. Mr. President, if you were to insist on adopting a

quarter of an inch below the cap seat, I am sure it would eliminate

the use of every milk bottle in the State of California. Under the

change in the specifications, as adopted by the State department re- ducing the figure to one-eighth of an inch, we have confiscated and

destroyed close on to 200,000 bottles, and if I had not changed tho

specifications to one-eighth inch, we would have had to confiscate

all the bottles in the State to make them comply with the requirement we have adopted here.

If you will view this from a practical point of view, and I want

to assure you I have gone into the matter very thoroughly, you will

think that -J inch is sufficient. The milk dealers of the State, together

with the agents of milk bottles and the manufacturers of these

machines, have demonstrated to my satisfaction that the section is

illogical.

Mr. Sherman. May I call attention to the fact that the third

specification is not a matter of tolerance at all, but is a mere matter

of where in the bottle the point or quart mark shall be set ? The question that seems to be causing the trouble is the question of filling the

bottle. I can only say that, although the manufacturers may make

these reports, the men who use the machines find they can regulate

them very satisfactorily. The milk dealers of the District of Columbia, for instance, fight any change suggested, and it is often afterwards found they can get along very nicely, and they so report.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 143

Mr. ConNOES. Let me say that the committee has made an ex- haustive investigation on the subject of milk bottles and found that

the practice before the conference of last year was to measure the

bottle up to the cap seat. In most places there was a 4-dram toler- ance allowed on each bottle. We also found that the filling was done

within one-quarter of an inch from the cap seat. That gave the

dealer an advantage all the time ; a quart bottle would not deliver a

quart. In the first place, it might be 4 drams short to the cap seat

;

in the second place it was only filled to within ^ inch of cap seat. We inquired the reason for that, and they said : " We would not

put through a bottle that was filled away up, because when we do

the milk flies all over the customer, and therefore we lost trade; we

generally aim to fill it to a quarter of an inch below."

It was therefore the idea of your committee to make the quart

bottles deliver a quart, and we recommended tO' the conference, and

they adopted, a change in the filling point which is satisfactory to

the manufacturers, and they are all maldng bottles of that kind.

I rather think the bottles Mr, Johnson speaks of in use in California

are the old bottles shipped out there, and I think the* sooner they

get rid of them the better.

Mr. Sherman. A short time ago we condemned an odd lot of 6,000

bottles that were short, and a very vicious fight was made to prevent

our destroying these bottles because, with the varying legislation existing from State to State, they said they could dispose of the bottles

elsewhere to good advantage. Probably that is what has happened

in the case of California. I move that this specification, No. 3, be

adopted as it now stands.

(The motion was seconded.)

Mr. Johnson. Mr. President, it may be that pasteurized milk is a standard condition here, but in California there is very little of

it sold. It is usually the delivery under regular conditions of milk

as it is, and if this specification is adopted, as I say, it is going to

work a very severe condition on the milkmen and on the milk industry there, and I would like to submit, if I would be permitted, an

amendment to that specification to make it read one-eighth of an

inch below the cap seat. (The amendment was seconded.)

Mr. WiLLETT. I understand the specifications have been adopted

as a whole.

The CHAHtMAN. They were, but we called for suggestions.

Mr. Reichmann. Is there any motion before the conference?

The Chairman. There is a motion, but I am of the opinion that

it is out of order.

Mr. Reichmann. I make a point of order that the motion is out

of order.

The Chairman. The Chair sustains the point of order.

RESOLUTIOIT TO ENLARGE AND INCREASE POWER OF TOLERANCE

COMMITTEE.

Mr. Reichmann. I would like to make a motion that the committee on tolerances be increased to five, the two additional members

of that committee to be elected by the conference, and that the name

of the committee on tolerances be changed to board of control. Then
144 BTJKEAU OF STANDARDS.

all these matters can be submitted to them and they can take the

matters up with the larger committee. In that -way you will have

more varied ideas and varied opinions. This committee on toler- ances has done effective work and has prepared a report in their

best judgment. If that same committee be increased to five and the

name be changed to board of control, all these matters can be submitted to them, and I suggest they can have a brief written by Mr.

Johnson or Mr. Sherman on this particular point, and they can make

an investigation or assign certain members to do that.

The Chairman. Your idea is practically an enlargement of the

committee ? Mr. Eeichmann. Yes ; and giving them more power.

The Chairman. Would it give them power over the convention?

Of course, their action has to be indorsed by the convention.

Mr. Eeichmann. Their final action would have to be indorsed by

the convention, but their action would be final until' the convention

met again, whereas now the committee on tolerances simply makes

recommendations and any recommendation they may make in the

meantime does not have any force.

Mr. Farrell. I second Dr. Eeichmann's motion.

The Chairman. The motion provides for a liberal treatment of

the matter in the future. There are a number of interests to be

considered, but on the whole I think the suggestion is a very good

one. If this is put in the hands of a committee, it ought to be an

enlarged committee.

Mr. Sherman. Is it intended that that committee, now to be called

the board of control, can be reversed in the conference just as the

present committee can be?

Mr. Eeichmann. Yes.

Mr. Sherman. Then, Mr. Chairman, it seems to me if the committee's powers are not to be enlarged there can be little or no object

in enlarging the committee, and that probably it would be harmful.

As we all know, the committee that is accomplishing the work is

the small committee, and as you enlarge it, it lessens that opportunity

to get together a majority of the committee and there is less opportunity to get real consideration. The smaller the committee the more

chance you have to get actual results, and if the committee's powers

are not to be extended, and if they can be reversed just as easily as they can now, it seems to me there would be no possible gain by

enlarging the committee. There can be no objection to the size of

the committee as long as reports are not mandatory on the conference.

Mr. Eeichmann. The powers are materially increased, because,

under the present arrangement, the committee meets and decides on

certain tolerances and then they report to the conference. They

have absolutely no power to send out any tolerances until after the

conference meets. The board of control would take these and have

subcommittees, each member taking up certain subjects, and then

they could get together and formulate a rule which would have force

and- effect as. though it had been adopted by the conference when

it meets afterwards. It is a perfectly evident and patent fact that a committee appointed by a body of this kind, in an American form

of government, could be reversed by the conference, just as Congress

can reverse any act of any previous session or the act of any committee. However, it would give them an extended power, and with
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 145

the larger committee they could subdivide. I can think of no two

better members on that committee than Mr. Neale and Mr. Tighe,

on account of their experience. Mr. Downing and Mr. Neale could

get together on certain matters, and they could be brought back to

the committee and have all their data in substantiating their claims.

Others could get together in another place. A small committee, taking up one subject, could work more effectively, but a large committee, divided into subcommittees, could handle larger propositions

better.

Mr. Sherman. That is what I wanted to find out in asking the

question I did. Now, I want to suggest that we all place ourselves

for a moment in the place of the manufacturers of weighing or measuring devices, who, at the present time, have to watch once per

year and conform once per year to any changes in the tolerances and

specifications adopted here. It is now proposed that in the future a committee shall exist, which decides in November on a new tolerance or specification which becomes effective at once, and then, after it has

been adjusted by the practical men in the field, the conference may

meet here and smash that tolerance or that specification, and it has

to be adjusted again. That may happen at sis months' intervals;

it may happen three months before the conference or a month after

the conference. It seems to me it would create a situation of chaos.

If I were a manufacturer, I think I would be much concerned, not

because I wanted to object, but because I would never know, after the

conference had acted, but what the committee with this power would

put its opinions into force and act within the next month, and put

something entirely different in force, and I would have to conform

to that 11 months, only to have it thrown out again when the confer- ence meets.

Mr. Eeichujiann. In the first place, any tolerances or specifications

the conference adopts have not the force and effect of law, and are not feared nearly to the extent that Mr. Sherman supposes by the

manufacturer. In the second place, we do not believe the present

committee on tolerances nor the enlarged committee would be a committee of backsliders, who, in a month or more, would reverse what

in their judgment is to the best interest of the people and to the

manufacturers and those interested in correct weighing and measuring devices. A specific instance came up shortly after the last conference, where some manufacturer said, "We ought to have the

capacity of the weighing devices defined, and clearly defined," which

probably was omitted by oversight. In that event the committee

could get together and adjust a self-evident case of that kind,

whereas now they have the very bother you speak of, of having to

wait if they pay any attention to them.

Ml". Sherman. Last year at the close of the discussion on toler- ances and specifications, the conamittee as it then stood was given

authority by the conference to rewrite the tolerances and specifications providing for just such little discrepancies, their instructions

being that they could not change the intention of the conference.

In other words, the new committee, with broader control, will have no

authority beyond what the present committee has had during the

past year. The only change, then, that is really suggested by Mr.

Eeichmann is to enlarge the committee to five instead of three. I

24309°—16 10
146 BUREAU OF STANDARDS.

object. I know from sad experience that five do less work than three

and three do less than one.

]\Ir. LixcoLX, I am with Mr. Sherman for once. It may be a good thing to enlarge that committee to five, but a committee that has

the power to put out specifications all the time, without reference to

this conference, seems to me is given a good deal of power and control over matters. Another thing, it is a bad proposition, as Mr.

Sherman says, for the manufacturers. They would not know at any

time when the specifications were going to change and therefore they

would be up in the air all the time. I believe it is a good thing to

have these specifications brought to this conference and thoroughly

discussed. There may be men here who have had experience who

can give the results of their experience and their ideas, and then we

can amend these specifications, if necessary. Besides, it gives the

manufacturers a chance to see them and voice their objections. So

I hope you will not adopt the resolution making the committee a board of control.

The Chairmax. The motion is before you. All those in favor

please say aye, contrary no. (The motion was defeated.)

The Chairiiax. Are there any further points to be brought out?

I think discussion of this kind is very beneficial. We have all

reached the point where experience begins to coimt.

Mr. Austin. I desire to call attention to article 7, imder the heading " Computing scales." It always appeared to me that that was

a tj'pographical eri'or. The section reads

The weight graduation and the value graduation shall be clear and distinct,

but in no case shall their width be less than 0.008 inch.

It does not &dij they can have more than that and they can extend

over a space representing one, two, or three ounces 6i weight. It

always appeared to me that it was intended by the committee that

they should not exceed that space in width.

The Chairman. There are two ways of looking at that. You

want them to be clear.

]Mr. Austin. I am informed, Mr. Chairman, by some of the scale

manufacturers that from three one-thousandths to five one-thousandths is ample.

The Chairman. Was this intetnded as a minimum or maximum

limit?

Mr. Connors. It was intended as a minimum limit. The committee examined lines of various widths and decided that a line that

was less in width than eight one-thousandths of an inch was not

clearly readable. The width is clearly checked by the width of the

indicator, which may not be greater than fifteen one-thousandths of

an inch.

The Chairman. The width mentioned is nearly one one-hundredth

of an inch, and that is perfectly visible. You brought up another

question—as to the maximum limit. AMiy should not that be placed?

Mr. HoiJBROOK. The maximum limit in that case is checked by the

clear space between the graduations. In other words, the scale is

required to have a certain minimum space for an ounce graduation,

and this is not to be measured from center to center of the lines,
TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASUEES. 147

but from the inside edge of one line to the outside edge of the other.

Now, if they should make that graduation very broad, they would

still have to have the minimum s^Dace specified, and as a result they

would have to have such a wide travel for their indicator they

would not be able to get a sufficient number of graduations on their

chart. Therefore it seems that that limits it in one direction suffi- ciently.

Mr. Johnson. Mr. Chairman, I am afraid my motion has gotten

lost. I made a motion to substitute, in paragraph 3, under the

heading "Milk bottles," one-eighth of an inch for one-quarter of

an inch.

The Chairman. I think your motion was ruled out of order.

Mr. Johnson. I think that was another motion that was ruled

out of order. I am a little persistent in this matter, but I have given

almost a month's time to the preparation of specifications and tol- erances on this subject, and I have gone into a great deal of detail,

and I know from a practical point of view in this matter that I am

absolutely correct.

We have only two bottle factories in California, and all the bottles coming into the State are manufactured in the East, and when

they come into my territory they are beyond the tolerances established. If such a thing be permitted, it is. going to confuse the conditions in the State and cause a good deal of hardship on the milkmen and confiscation of property.

The Chairman. Do you wish to make a motion to that effect now ? Mr. Johnson. Yes.

(The motion was seconded.)

The Chairman. Your motion is to fix this at one-eighth inch instead of one-quarter?

Mr. Holbrook. I would like to make one statement, and that is

that this conference has already passed on this matter twice—once when this specification was taken up last year and once when the

model law on weights and measures was adopted. In the latter case

it was adopted in a different form, since it provided in this case the

bottle should hold its correct capacity when measured to the bottom

of the lip, which is defined as the heavy glass ring at the top of the

bottle. Yet this is but another way of saying the same thing, be- cause on an ordinary bottle the bottom of the ring is about one- quarter of an inch from the cap seat. When the milk-bottle section

of the model law was passed it was examined, and when this specification was passed it was reexamined, and' it was believed for the

protection of the purchaser that this distance was necessary. That

was believed by the tolerance committee and by the conference on

weights and measures. I believe last year when this specification

was adopted there was some representative of the Glass Blowers'

Association here, and, although the glass blowers look pretty jealously after their interests, there was no objection made to the specification as it now stands.

The Chairman. The motion, if carried, changes the specifications.

If voted down, it leaves them as they now stand. All those in

favor say aye, contrary no. (The motion was defeated.)

The Chairman. Are there any other points you wish to bring up ?
148 BUREAU OF STANDABDS.

Mr. Lincoln. Under the heading, " Scales, general specifications "

All scales shall be of such construction that they are reasonably permanent in

their adjustment and will repeat their weight indications correctly, and are

not designed to or may not be used to facilitate the perpetration of fraud.

Those words " or may not be used to " should be stricken out, to

my mind. You can do something to nearly every type of scale on

the market to make them weight incorrectly and still balance at zero. The Chairman. I think, perhaps, the committee have in mind that

any changes made should be apparent.

Mr. Connors. There are two things there which the committee

considered, and we decided to incorporate them in one word, " facilitate" means "to make easy." We could have said "make easy the

perpetration of fraud." We did not want a scale to be used that

would make easy the perpetration of fraud on the consumer. Mr. Eeici-imann. That very wording has been used in the English

law for years and years.

The Chairman. It seems to me the intent of this is pretty clear.

Are there any other points?

Mr. Umplebt. Mr. Chairman, there is a matter with which I have

a good deal of trouble. I do not know whether I am right in my

opinion or not, and I therefore want information. I live in a county

in Indiana just across the State line from Illinois, where we have

6,000 to 10,000 automobiles on every Sunday that come from Chicago.

That necessarily means a lot of gasoline pump stations along the

road, and I have a good deal of trouble with those pumps. I took

the matter up with the pump man, and he told me that in England

they had a glass scale on top of the pump and it was graduated in

1, 2, 3, 4, and 5 gallons. He said it was not required to be used in

this country. I believe it could be brought about so that there would

be a gauge put on top of a gasoline tank, which would be incased in

metal, and m that manner lots of fraud would be prevented. Gasoline does not sell at a high price, but there is a tremendous amount

of it used.

The Chairman. Do you wish to make that suggestion to the toler- ance committee?

Mr. Umplebt. No. I wanted information, to know if they had

ever considered that. The only information they give on that is in

regard to sealing pumps, and I do not think it does a bit of good to

seal the stop on those pumps. My idea is, if it could be demanded,

that they should be made to put a receptacle up there with a gauge

on it so that the consumer could see whether there were 5 gallons

pumped up, and then the valve released and the gasoline allowed to

flow into the automobile. He would then know he was getting the

right amount. I know of a case where a man was charged for 22^

gallons when his gasoline tank only held 15 gallons. I also Imow

that there is not one out of a dozen pumps that is correct.

Mr. Eeichmann. The committee on tolerance only takes up such

weighing and measuring devices as are in existence. Clearly they

would not consider such a proposition as that because they are not in

use. If the gentlemen were to get up something like that, the board

of tolerances not having power of a board of control, he could not

have anything said about it by the committee until the next conference.
TEXTH ANNUAL CONFEKENCE ON WEIGHTS AND MEASUEES. 149

The Chairman. I think myself that it is more in the nature of a suggestion to the committee and that is why I raised the question

a while ago. I am very glad the gentleman brought up that question to start you thinking. There is no doubt in my mind but what

they ought to be looked into. If there is anyone here who has given

this particular attention, we will be glad to hear from him.

Mr. Austin. Mr. President, we perhaps have more gasoline pumps

in the city of Detroit than anywhere else, and my experience tells

me that you can not keep them sealed to assure any accuracy in the

measurement. I have required every gasoline station to have in its

possession a sealed measure, and I insist that the proprietor sees to it himself that his pump gives the required measurements. If, upon

complaint, we fincl that he is delivering gasoline to consumers and his

pump is giving false measure, we prosecute. The idea of keeping

that number of pumps adjusted and keeping them sealed is almost

impossible.

The Chairman. If the conference thinks more information is

needed for that type of apparatus, I think we could arrange for an

investigation at the bureau.

Mr. Barnard. I have had some experience with gasoline pumps,

and I wish to concur with what the gentleman has stated. I have gone

to this precaution in testing gasoline pumps: I have bored a hole

through adjustments and put a seal through there, so that it would be

almost impossible to change the adjustment without breaking the

seal, and I have found the pump to be off somewhat within a week.

So I have taken this precaution, that the minute a man has a complaint that his pump is otf, he should call my attention to it and I

would go and test it, and in order to impress it on his mind that he

should pay particular attention to his pump, I have made it my duty

to tell each man that occasionally I was going to send a man around

with a 5-gallon testing can to buy 5 gallons of gasoline, and it would

be better for him to see that that man got 5 gallons instead of getting

a little short. I have sent a few around who have always gotten

5 gallons, and each of the proprietors of these pumps has paid particular attention to the pump and tried to keep it in condition, be- cause every time they see a man come up with a can they do not know

but what he is the man I was sending.

Mr. Umpstead. As a matter of fact, in Philadelphia we do not

construe a pump to be a measure. We insist that where gasoline is

sold, whether a pump is used or not, that they equip themselves with

standard measures and sell by measure only. We have found that

pumps are not accurate and can not be kept accurate or made accurate.

Mr. Umpleby. These pumps are queer machines; I do not care how accurately they are tested, they will give short measure after

being used for a certain length of time. I do not believe it is possible to make these people measure gasoline out into a gasoline

measure and pour it into an automobile. All I ask now is that the

bureau investigate this. As I said, in England they can see this

gauge on top of the tank. If that was put up there any person could

look at it and see whether it served 5 gallons or not. I think that

is a practical attachment.

Mr. Lincoln. Possibly I can answer why there is some short

measure in gasoline. I investigated a carload last winter and the

man claimed to have 105 gallons more in the car than the capacity
150 BUREAU OF STANDAKDS.

of the car. On taking the matter up with the Standard Oil Co., they

said they billed their gasohne out at 60°, and it expanded when it

got warmer. It heats and swells and they are afraid they will get

too much in there and it will burst the tank.

Mr. Connors. The device Mr. Umpleby speaks of, to the best of

my knowledge, is not on the American market ; it is made in Sweden,

a glass jar holding 5 gallons. It is impossible for the committee to

make arrangements for apparatus that is not on the market. When

it gets on the market it Avill be the duty of the committee to go ahead

and make specifications for it. We found the laws in many of the

States required the sealer to test and seal pumps, therefore the

tolerance committee felt it their duty to make specifications with re- gard to pumps and treat them as measures. Mr. Sherman. I wish to ask for advice, either from the chair or from the conference. In the District of Columbia we are not re- quired to test pumps, but in the District there has been a great demand from owners of measuring pumps for tests, because it facilitates their work and they can accomplish more per hour, and it in- creases their efficiency. We have been doing that. We realize when

we test a pump that it is, in effect, putting into service a type of

measuring apparatus which will not be as accurate in the long run

as when it is measured out, but we felt when we began doing the

work that the saving of time in the community was enough to pay

for that extension of risk. I want to get the advice of the conference, or of the chair, as to whether we should do that or whether we

should not. What is the sense of the meeting on that subject ? The Chairman. I am not sufficiently posted to answer your question. I would be a little doubtful as to whether you should seal it. I think, as a matter of information, if a man wants his apparatus

tested, you should do so and help him out, but the question of sealing

is another matter entirely.

Nearly everyone here is vitally interested in this question, and I

think it is a good time to discuss it. So far as is possible, the bureau

will look into that this coming year. Are there any further points

in this matter? Since you have started out on this line of discussion there are one or two important things which should be done.

Mr. Holbrook has suggested to me that we have not as yet read the

manufacturers' criticisms or suggestions, and I think perhaps that

ought to be done now, as you ought to be acquainted with them, and

unless there is objection I will ask Mr. Holbrook to read the

criticisms.

Mr. Connors. I want to read as far as we have gone on definitions.

The conference last j^ear instructed the committee to prepare a list

of definitions of all scales, and while the committee then thought

it was a very easy matter, they were sorely up against it in trying to

carry out your instructions. We have not a definition for counter

scales as yet and we do not want to complete the definitions until

we have a definition for counter scales. I would like to read as far

as we have gone.

(Mr. Connors then read some tentative definitions of various types

of scales.)

Mr. Holbrook. I would like to ask a question of the convention.

Would you consent to the tolerance committee completing these definitions and perhaps putting them in somewhat better English than
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 151

they are at the present, and including them in the report that will be

published in the next proceedings ? Mr. Eeichmann. The tolerance committee can not do that until

their report goes to the next conference.

The Chairman. No; they could not handle that before the next

conference meets.

Mr. HoLBRooK. This is not a tolerance, and it is not a specification. It certainly would not affect any member of the conference, it could not affect any manufacturer, and it would tend to make the

subject a little clearer than it is now. Last year the conference

advised or directed the committee on tolerances and specifications to

make certain rewording throughout the report, without changing the

meaning of the report. To include a number of definitions in the

report is certainly not changing the meaning of it, and if the con- ference desires I think we could readily include these in the same

manner as we did last year.

Mr. Howell. I move that the request be granted.

(The motion was seconded and agreed to.)

KEADING OF MANTIFACTURER'S COMMENTS AND OBJECTIONS TO REPORT, AND

DISCUSSION THEREON,

Mr. HoLBROOK. We sent this report out to the manufacturers and

told them if they would submit criticisms thereon they would be

considered by the committee and by the conference. We received

those replies very late. The conmiittee did consider all of them, but

on the ground that the committee might not have been able to give

them all the consideration they deserved, it is deemed only fair to

the manufacturers to take up the report, specification by specification, and read their objections to each, to see if they appeal to the

conference any more strongly that they did to the committee. Before I do that, I might mention one more thing which the committee

has agreed to. This is a very slight change to be made in the second

paragraph, under the heading of " Scales, general specifications,"

which reads, in part

When one reading element is for auxiliary use only, this need not be in- cluded in the sum, provided that it does not exceed 1 per cent of the sum. A certain manufacturer has suggested that that should be made

2 per cent of the capacity of the scale, and upon examining some of

the beams it seems perfectly fair to make this change and, so far as the actual meaning goes, it make no material difference. Therefore

the committee suggests that that be done.

Mr. Farrell. Is there any objection to giving the name of that

particular manufacturer ? Mr. HoLBRooK. I think there is, because there has been very serious

objection to that in the past, on the ground that the name of any

manufacturer appearing in a conference report was an advertisement

of that manufacturer.

The Chairman. Mr. Farrell, I want to state here that the bureau

received a few days ago one of the most bitter letters that it has ever

received from a manufacturer, because in last year's report one of the

cuts illustrated the scale beam of a particular make of scale. If

there is anyone in this conference that ever interpreted it in that way

I should be greatly surprised. Not only did the letter come to me
152 BUKEAU OF STANDARDS.

but it went to the Secretary of Commerce, and the wording was such

that if the Secretary did not take action the manufacturer would take

it to a still higher court. We were practically demanded not only

to suppress this issue of the report but that we should recall all copies

that had been issued.

Mr. Farrell. I withdraw my request, Mr. Chairman.

The Chairman. In these cases, while I do not agree with such

things as that—I think that is silly—still on the other hand, the conference has been criticised on the ground that the sealers were not

sufficiently considerate of the opinions of the manufacturers, who

have always wanted to come into the conference. The committee has

always taken the ground that they would be glad to hear what they

had to say. I regret the specifications were not submitted earlier to

them, but so far as I am concerned all these matters shall be submitted

to the manufacturers. The manufacturer in the making of the scales runs across difficulties and we may know them, but he does not think

so. We will get the best results if we work hand in hand.

Mr. Reichmann. I move that Mr. Holbrookes motion to change

1 per cent to 2 per cent be adopted.

(The motion was seconded and agreed to.)

Mr. HoLBROOK. The first specification to which the manufacturers

have filed an objection is specification No. 2, under the heading

" Scales. General specifications." The intent of the specification is that the capacity shall be marked upon the scale. It reads as follows

2. All scales not equipped with a beam or reading face graduated to the full capacity of the scale, or those not equipped with a graduated beam or reading

face, which, taken in connection with another graduated beam or beams or with

a graduated runner, indicates the capacity of the scale, shall have the nominal

or rated capacity conspicuously, clearly, and permanently marked upon them.

The manufacturer writes as follows

You probably are aware that the State of Wisconsin practically adopted the

previous report of the tolerance committee and embodied the same in the

Wisconsin specifications. You may or may not be further aware that after

their experience with these specifications they have seriously considered abandoning this feature. Quite likely you will hear from the State of Wisconsin,

but, in view of any report we have had of their experience and intention, it would seem to us that this item should be further considered, in. view of the

experience of Wisconsin.

Mr. Downing. With regard to this specification concerning the

capacity on the scale, the State of Wisconsin is in favor of that regulation in so far as it applies to new scales, but we are not in favor of

having such a regulation as this retroactive, and that is, perhaps,

where the misunderstanding is. It is not the function of the sealer

of weights and measures to place the capacity on the scales that are already in use, for it is an impossibility for the sealer to determine

what that capacity is; that should be done by the manufacturer of

the scales and not by the sealer of weights and measures. But in so far as new scales are concerned we believe the capacity should be

placed upon the scales.

Mr. HoLBROOK. In all cases in which the committee has not changed

the specifications it was their opinion that the objections were not

well taken.

Mr. Reichmann. You have already adopted all of those specifications.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 153

Mr. HoLBRooK. We desire that the conference consider the manufacturers' objections, inasmuch as the committee sent out a letter and

said those objections would receive consideration and the committee

had only a very short time to consider them. Is it the pleasure of

the conference that these objections be read?

The Chairman. You may proceed with the reading of the objections.

(Mr. Waldron, of New Jersey, vice president, at this point assumed

the chair.)

Mr. HoLBROOK. The second objection is to specification 7, under the

heading " Scales, general specifications," which reads

Plates or caps used to limit the longitudinal motion of the knife edge shall be

smooth and be made of a material at least as hard as the knife edge. The

part of the knife edge liable to come in contact with these caps or plates shall be

so formed that the friction between them is reduced to a minimum.

The manufacturers' objection reads:

Theoretically hardened steel friction caps are better than cast iron or chilled

iron, and on large scales, like railroads, we should favor their adoption. On

small scales, like counters, trip, etc., we question whether the practical advantage would correspond with the added expenses. Of course, it must be borne

in mind all the while that in the end the consumer has to pay for increased

costs, and, so far as possible consistent with good results, we favor keeping

this cost as low as possible.

I might say the specification does not mention "hardened steel

friction caps," but only something which is as hard as a knife edge.

Therefore we think that that objection is not well taken.

(After a pause.)

The next objection is to specification No. 13, under the same heading. This specification reads as follows

Each main weight graduation on a beam shall be so marked as to indicate

the weight represented by the poise at that point.

The objection of the manufacturer is in the following words:

We call your attention to specification 13, on page 9, which may possibly be

drawn to represent something different from what the language covers. If our

interpretation of the wording is correct you would require that each graduation on a beam or reading face should have marked opposite the same the full value

of the weight indicated when the poise is placed at that graduation to repre- sent a platform load. If our understanding is correct you can see that that is physically impossible, on account of space limitations, and to illustrate this

point we are inclosing full-size drawings of the graduation of face plates on our railroad and compound beams, and also full-size graduation of the

portable scale beam. On the smaller classes of scales a graduation of 20 to the inch is not at all uncommon, and a compliance with the strict reading of

this specification, as we interpret the same, would be impossible. A correct interpretation of this specification might depend upon what is meant by " each

main weight graduation " on a beam, i. e., 1 pound, 10 pounds, or 10,000 pounds.

The committee thinks the words " main weight graduation," cover

that matter, and that the sealer will use his judgment as to what is a main graduation in the case of each beam, and therefore will not

require marks which would be physically impossible. For instance,

on a 100,000-pound beam the main weight graduation might be

10,000 pounds and on a pound-and-ounce beam the main graduation might be a pound. We think the specification is clear enough.

Last year they might have had a legitimate objection because it re- quired every graduation to be marked, but this only requires marking

of each main weight graduation.
154 BUEEAU OF STANDARDS.

(After a pause.)

The next objection is to specification 22, under the same heading.

The specification reads as follows:

No scale shall be equipped with an unstable or accelerating beam.

The manufacturer's objection reads:

As a matter of fact automatic grain scales, so called, are necessarily

equipped with accelerating beams, but with this exception we concur in the

suggestion.

I am not fully satisfied that it is necessary to have an automatic

grain scale equipped with an accelerating beam. Is there anybody

here who desires to talk about that?

Mr. Van Duyn. Mr, Chairman, as many members of the confer- ence know, the Western States have many automatic grain scales

in operation and much depends on the installation of those scales.

Wherever you find an automatic grain scale working, and the

brushes of that scale have become somewhat worn, so that those

brushes do not cut off the flow of the grain at once to what is called

the dribble stage, when the scale is almost fiUed, too much grain

wall naturally sift through, resulting in overweight. If the scale

is not equipped with the hopper above, that will keep a full flow

of grain coming into the scale, errors will be produced. For instance,

if a uniform flow of grain is not insured the dribble stream, which

should contain, for example, 10 pounds of grain in the suspended

column, may contain but 5 pounds of grain; and when the cut-off

occurs, instead of 10 pounds being added to the scale as should be

the case, but 5 pounds of grain will be added, and the scale will be 5

pounds short. You will find that in the case of a great many of

these scales installed in top of the elevator there is no room for

the large hopper or a feed-supply hopper that will keep a full stream

of grain flowing at all times, and this fact should be kept in mind by

those of you who have to deal with that kind of scale, because many

of those scales, when ready to dump, will dump from 3 to 5 pounds

short. They are usually set to dump at 300 pounds or 5 bushels,

and in this case each bushel of grain dumped through that scale

will be 1 pound short.

I bring this subject to your 'attention for the reason that it is one

worthy of consideration, and the points outlined will be of benefit

to you when you test this class of scales.

Mr. Sherman, Do I understand that the gentleman who just spoke

was speaking on behalf of this section 22, or on behalf of the suggestion or protest made with regard to it?

Mr. Van Duyn, I was not speaking on behalf of the objection,

but I was just bringing a concrete example before the men who are here at the conference who have to do with that class of scales, in

order that it might help them in that work.

Mr. Johnson. This is a very interesting matter, and inasmuch as I

came here from California, I, for one, want to try to absorb as much

information regarding apparatus as possible. I believe that the man

who is practical in this particular line should have the privilege of

a few moments on the floor, and I beg to move that the rules be sus- pended and that a gentleman who is the representative of a manufacturer be permitted to be heard.

Mr. Eeichmann. The gentleman I'eferred to has had more ex- perience and is more able to answer the specific question that Mr.
TEKTH ANNUAL CONFEEENCE ON" WEIGHTS AND MEASURES. 155

Holbrook asked than probably any other man in the United States.

Therefore, Mr. Chairman, I heartily second the motion of Mr.

Johnson.

Mr. Sherman. Mr. Chairman, I agree with Mr. Reichmann, I

would like to hear what the gentleman has to say, but I want to

know, as a matter of practical information, where will the line be

drawn if we throw the bars down.

The Acting Chairman. We would have a new precedent, so far as I know, gentlemen.

Mr. Reichmann. If you want to get around it, I move that we adjourn and convene again in 15 minutes.

(The motion was seconded and agreed to and a recess was taken for

15 minutes.

At the expiration of the recess the conference reassembled.)

Mr. Sherman. Mr. Chairman, I notice a piece of scale-advertising

matter has been distributed on the chairs, which we find very interesting and I am glad to get it, but as I understand such action has

been tabooed in the past, I want the session to put something in the

minutes to indicate that that sort of thing is not wanted.

Mr. Faerell. Has the conference any charge over this room?

Mr. Sherman. I do not know of any.

Mr. Farrell. I would suggest that that matter be taken charge of

by the people in charge of the room, rather than the conference.

Mr. Van Dutn. In reference to paragraph 21, under the heading, " Scales—general specifications," I would like the members of this

committee to make a little explanation of that section, as it is not

clear to me and I came here for all the information I could get. I

would like to have the committee explain the proposed level line of

the beam as described in section 21.

Mr. Connors. Let me say that, as to that, the first specification made

in reference to the subject two years ago required that the normal

position of all beams be horizontal. It was called to our attention

after the specifications were adopted that there were a number of

types of scales in use in which the normal position of the beam was

on an angle and that in some of the types this position was a proper

one. Therefore we recommended at the conference last year, when

we adopted this specification, that when the scales are equipped

with a beam, the position or oscillation of which is used to indicate

the balance of the scale, the normal position of the beam should be

horizontal and have equal play above and below its normal horizontal position. This excluded from the application of the specification

the types which were satisfactory even though the beam was not

horizontal.

Mr. Reichmann. That is not necessary and is not good physics.

Mr. Van Dutn. Mr. Chairman, I have one further question. Suppose we are testing a railroad track scale, or a wagon scale, if you

please; where would the spirit level be used on the beam, or what

line of the beam would be required to be the level line ? Mr. Briggs. I think I might be able to make a suggestion in ref- erence to answering Mr. Van Duyn's question. I think the only line

which would be considered would be the line along which the_ sliding

poise moves, or the line from the fulcrum pivot to the knife-edge

which carries the loose counterpoise weights. Recently in considering the question as to what error is introduced by tipping a scale as a
156 BUREAU OF STANDARDS.

whole, Ave found out no error wouid be produced if the normal

horizontal position of the beam is established by the line from the

fulcrum Imife-edge to the knife-edge which carries the counterpoise

u'eight. This throws the knife-edge which connects with the levers

of the scale above the horizontal line established by the other two

knife-edges.

Mr. Van Duyn. There is nothing in this report of the committee

on tolerances and specifications, as I see it, that indicates that the

poise line and the pivot line should be parallel.

Mr. Bkiggs. I do not know; that is for the committee. "We are familiar with certain things, for instance, the sensibility will change

with the load. If the sensibility is to be the same for a given load

independently of which counterpoise is used, the requirement is

that the line established by the fulcrum pivot to the counterpoise

pivot shall be parallel to the line along which the poise slides ; otherwise you will get one sensibility when a loose counterpoise weight is

used and another sensibility when the sliding poise weight is used in

making a weighing.

The Acting Chairman. Do the members care to hear any more of

these criticisms from manufacturers? [After a pause.] It appears

they do.

Mr. HoLBROOK. The next objection filed is to the third paragraph

of the definition of " sensibility reciprocal " when taken in connection

with other paragraphs of the report. The paragraph reads

In the case of scales with stabilized pans or plates, such as equal-arm trip

scales and scales with a single pan or plate above the beam, and also scales

with a pan or pans hanging from the beam, which are not provided with a

pointer moving over a graduated arc or scale, the sensibility reciprocal is the

amount of weight required on the pan or plate to cause it to move from its position of equilibrium when the scale is in balance to a position of equilibrium

at the limit of its motion.

The manufacturer's objection reads

This taken in connection with the minimum fall as indicated on the bottom

of page 16 [" Counter balances and scales." Specification No. 6] makes a pretty severe requirement. In the first place, we have believed that on 12 to 25 pounds

one-half inch fall was ample, and on 26 pounds thirteen-sixteenths inch ample.

With the increase in the fall and the sensibility reciprocal adapted to this in- crease it makes the requirement somewhat difficult to conform to. We suggest

that it be changed to one-half the fall instead of the full fall. I will say that the committee measured up a number of scales and

considered the change in balance of the beam, the inclination of the

beam, etc., when that specification was made in the first place, and

that this objection is not such as to induce them to change their

position on the matter, since they still believe that the definition

and specification are proper.

[After a pause.]

The next objection is made to specification No. 8, under the heading "Platform scales." This specification reads as follows:

8. All devices for adjusting the balance of a counter platfoi'ra scale shall be

of such construction that they are operative or accessible only by the use of some tool or device which is outside of and entirely separate from the movable

mechanism of the scale itself, such as a screw driver, wrench, etc., but not an

adjusting pin.

The manufacturer's objection reads:

* * * You have referred to an " adjusting pin." We are inclosing a blue

print showing the standard method of applying adjusting devices for ob-
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUEES. 157

taining the balance of beams. On some of these you will notice that instead of

using a wrench or screw driver we have provided holes in which a device of some sort might be inserted for the purpose of rotating the rod and thereby

moving the ball for balancing purposes. We assume that such a method as last described would come within your specifications, inasmuch as we employ a tool or device Avhich is outside of and entirely separate from the movable mechanism

on the scale itself. The tolerance committee does not consider that an adjusting pin is

satisfactoiy. One would not have to use any special " tool," such as

a wrench or screw driver, since it could be adjusted with a nail, and,

moreover, this nail could be left in the hole, in which case the device

would be just as readily adjustable by the hand as if there was a knurled-headed screw provided.

Mr. Reichmann. In other words, the committee makes a distinction between using a nail or adjusting pin or a screw driver. Instead

of a screw driver I can use a key or a pocketknife. Why can't they

use a nail, which is an outside device ? Why should they not use an

adjusting pin? I moA^'e you, sir, that the words " but not an adjusting pin" be stricken out of specification No. 8, under the heading

" Counter scales," on the ground, Mr. Chairman, that an adjusting

pin is as much an outside mechanical device as a screw driver. A

screw driver is no definite, specific, mechanical tool; it is anything

which has a point sufficiently blunt to be inserted in a slot of another

machine called a screw ; it may be a hatchet, an ax, or a tool with a handle, a pocketknife or. pruning knife, a key, or anything. Why

should a man have to use an outside tool to make the adjustment?

Why should there be specific objection to an adjustment pin? I

know absolutely that the coimnittee did not wish any prejudice

against any manufacturer, but it does seem we are ruling out the

simplest possible tool.

Mr. Connors. The committee took that matter under consideration, and we investigated a number of scales equipped with a blindheaded screw with a hole through it, and found out that in a good

many cases, especially on counter scales, that a nail was put through

the hole and kept there all the time. Accordingly, the State sealers

of many States require that that hole be threaded and a small screw be put in there, so if a man wanted to change that in a hurry he

would have to take out that screw and use an outside instrument in

doing so. Mr. Reichmann. I doubt whether the members of this conference can cite one-half dozen instances where they found a nail left in a screw with a hole through it for the purpose of adjusting a scale.

Mr. Connors says the committee has investigated and found a number

of such cases. Mr. Umpleby. I have in mind one scale that has this hole for the

purpose of inserting a nail to level the scale, and they overcome the

objection by putting a pin cap over that. That does not seem to be

any hardship on the manufacturer, and I believe that in their case, where there is an easily operated device and there is a possibility of

leaving the nail in it, they should be compelled to cover it as in

this requirement. There is a particular scale on the market where

they have an opening for a nail to go through, and I require them to

put a cap over it, and they have made a cap to overcome this objection.
158 BUREAU OF STANDAEDS.

Mr. WiLLETT. We have adopted this specification, and the manufacturers have readily complied "with it. We do find, in Indiana, a

great many cases where a nail is inserted and the scale is put out of

balance readily. We are insisting in Indiana in having a cap put

on. This prevents somebody coming into the store and changing the

setting of the scales.

Mr. Reichmann. I have not heard of half a dozen instances of

finding screws. Mr. CoNis'ORS. We found them in Ohio and in Indiana.

Mr. Reichmann. Where?

Mr. Connors. We found them in Columbus and in Indianapolis.

I do not think the committee's Avord ought to be doubted here.

Mr. WiLLETT. Mr. Chairman, the motion is out of order. The

specifications have been adopted as read and by Dr. Keichmann's

own motion it is out of order. Up to this time Dr. Keichmann's own

motion has prevented these motions from coming up.

Mr. Reichmann. I stand corrected. Mr. Willett is right.

Mr. Farrell. I move you that we adjourn.

(The motion was seconded and agreed to.)

(Thereupon, at 5.15 o'clock p. m., the meeting adjourned to meet

at 10 o'clock a. m., Friday, May 28, 1915.)

SECRETARY'S NOTE.

As shown in the foregoing, the committee on tolerances and specifications started to read the objections and suggestions to the advance

report of the committee made by various manufacturers in writing,

in the order that the specifications to which they referred occurred

in the report, and continued to read until interrupted by the adjournment of the session. At the time that the motion to adjourn

was introduced and carried there still remained a number of suggestions and objections which the committee had not had time to

read. During the next and last session so much business remained

to be disposed of that it was impossible to take up the matter again.

In view of this fact, it is deemed best to incorporate the remainder

of the suggestions and objections and the committee's explanations

and answers in this report. Accordingly, this matter has been

arranged in Appendix 2 (see p. 220, et seq.), the same order of presentation being observed as is mentioned above. The objections presented include all those which are specific and which refer to

definite tolerances and specifications contained in the advance copy

of the report.

The tolerances and specifications, as adopted, will be found in

Appendix 1, page 193.
SIXTH SESSION (MORNING OF FRIDAY, MAY 28, 1915).

The conference reassembled at 10 o'clock a. m. at the Ealeigh Hotel.

DISCUSSION" OF ASHBROOK BILL

The Chairman. The first item on the program is "legislation,"

and a number have expressed a desire to take up at this time and dis- cuss the Ashbrook bill. You are all sufficiently familiar with that

and with the principles of it. It is not necessary to go into details,

but you can just discuss it on the general principles. I would like

very much to have a little time this morning to hear from the city

sealers, as there are several here who have rather interesting and important things we want to hear. Thus far they have not had an

opportunity to be heard. There are four or five who have called my

attention to the fact that they have rather interesting statements to

make. A number of delegates have expressed a desire to get away

this afternoon ; therefore I think if we hurry along we can finish with

the morning session. We will proceed to the discussion, and I would

like to have a few clean-cut statements in regard to the bill. The

point at issue is whether or not the conference should get behind and

support the bill.

I have been asked a good many times during the year as to the

attitude of the bureau. Of course, the attitude of the bureau will

always be for the thing that is right and best. It is our disposition

not to meddle with those things that belong to the States, but there

are a few things that ought to be national in character, in order that

you may have uniformity and in order that you may have what is

still better, an authority back of you and a precedent in your own

State to avoid a political situation. The bureau is not committed

to this particular bill, but we approve of the principles of it. The

Chair will listen to the discussion.

Mr. Starn. Mr. Chairman, might I ask if it would not facilitate

matters greatly, relative to the subject in question, if we can do away

with the discussion and have the bill read by our secretary and vote

without discussion? If the bill was read by the secretary I would

know how to vote according to my conviction. Any argument we

could produce here—and we could talk until this time next week

would not change the mind of, perhaps, three men. Therefore I

move you, sir, that the bill be read by the secretary and a vote taken,

without discussion, and then let the consensus of this convention be

placed before the congressional committee or the proper parties. I

offer that as a motion to facilitate.

(The above motion was duly seconded.)

Mr. Reichmann. Mr. Chairman, I dislike to arise to disagree with

that motion, but it seems to me that you should not only have the

evidence but the arguments on both sides. I think it would be an

unwise thing for this conference to simply have the bill read and a

159
160 BUKEAU OF STAjSTDAKDS,

vote taken without at least a few statements relative to the pros and

cons. I hope the motion will not prevail.

The Chairman. Are there any further remarks? Those in favor

say " aye," opposed " no."

(The motion was lost.)

Mr. Sherman. I move that the bill be read by the secretary before

the discussion opens.

(The motion was seconded.)

Mr. Farrell. The discussion of so vital a question which brings us

really back to the foundation of this Government, and the power of

Congress to pass such a bill, and the reading of excerpts from the

fathers, who voted at or about the time of the foundation of this

Government, would be interminable in a meeting of this kind. I do

not believe that the sealers themselves have gone into the question as thoroughly as some who are rather interested. I would suggest that

it would be a good thing to discuss the bill to-day, but that no vote

be taken on it until the next conference.

The Chairman. Are there any further remarks?

Mr. Sherman. It seems to me that is a little off the question of my

motion. My motion was simply that before we discussed this,

whether we are going to vote on it or not, we ought to know what it

is. We ought to have it read before anybody can discuss it intelligently and expect to be heard intelligently.

The Chairman. The motion is not as to whether we shall discuss

it or take a vote, but simply Avhether it shall be read before we proceed to discuss. Are there any further questions ? Those in favor say

aye, contrary no. (The motion was agreed to.)

The secretary, at the direction of the chairman, read the Ashbrook

bill as follows:

[H. R. 16876, Sixty-third Congress, second session. In the House of Representatives. May

27, 1914. Mr. Ashbrook introduced the following bill, which was referred to the Committee on Coinage, Weights, and Measures and ordered to be printed.]

A BILL To regulate and control the manufacture, sale, and use of weights and measures, and to be known as the weights and measures act.

Be it enacted hy the Senate and House of Representatives of the United States

of America in Congress assembled, That the standard of weights and measures

throughout the United States shall be the weights and measures supplied by the

United States Government under joint resolutions of Congress, approved June

fourteenth, eighteen hundred and thirty-six, and July twenty-seventh, eighteen

hundred and sixty-six, and such new weights and measures in addition thereto or renewal thereof, and in conformity therewith, as have been or shall be established by the several States, Territories, and the District of Columbia, and ap- proved by the Bureau of Standards.

Sec. 2. That the Bureau of Standards shall have authority to approve and

shall approve the various types of weighing and measuring devices which may

lawfully be used in trade and commerce throughout the United States: Provided, That such types shall conform to the standards provided for by section one of this act, or multiples, subdivisions, or derivative values thei'eof : Provided further, That no type of weighing or measuring device need be approved

if intended for shipment to any foreign country when made in accordance with

the specifications or directions of the foreign purchaser ; but if said device

shall in fact be sold or offered for sale for use in trade or commerce within the

United States, then this proviso shall not exempt such device from the operation of any of the other provisions of this act. And the said bureau shall

approve any type of weighing or measuring device submitted to it for approval

by any person if such type shall be of such design or construction as to give

correct results in terms of standard weight or measure or values derived there-
TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES. 161

from and is not conducive to tlie perpetration of fraud ; and such submission

may be by sample, drawing, description, and specification, or in such other manner as may be prescribed by tlie regulations provided for by this act. If the type of device submitted shall be approved, the said bureau shall furnish a certificate to that effect to the person submitting such type. In case the

said bureau shall disapprove any type of weighing or measuring device submitted to it as aforesaid, it shall notify the person submitting the same of its decision, with the reasons therefor, and any person so notified shall be given an opportunity to be heard in support of his application, and if, after hearing,

the bureau's decision shall still be adverse, the applicant may take an appeal

to the Secretary of Commerce, whose decision shall be final. Sec. 3. That the Bureau of Standards shall register and give a serial number to each type of weighing or measuring device approved, as provided in

section two hereof, and shall, under the regulations hereinafter provided for,

publish from time to time a list of such approved types, with a brief description

and the serial number of each type. Copies of such lists shall be furnished,

under the aforesaid regulations, to duly authorized weights and measures

officials and to manufacturers of weighing and measuring devices throughout

the United States. Sec. 4. That it shall be unlawful for any person to manufacture, sell, or offer for sale, convey or offer to convey to another, free of cost, ship or offer or deliver

for shipment, or have in possession, for use in trade or commerce, or use in trade

or commerce or in the collection of tolls or duties charged according to weight or measure, any weighing or measuring device the type of which has not been ap- proved as required by this act ; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and for the first offense

shall, upon conviction thereof, be fined not exceeding $100, and for each succeeding offense and conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court. Sec. 5. That all weighing and measuring devices hereafter manufactured

or constructed for use in trade or commerce within the United States shall

have stamped, engraved, etched, or otherwise marked thereon, in such manner

as may be prescribed by the regulations authorized by section eight hereof,

the name of the maker or manufacturer and the serial number of the approved

type to which it belongs ; and any person manufacturing or constructing any

such device who shall fail to mark the same as provided for by this section

shall be subject to a penalty of $50 for each such device which is not so marked : Provided, That whenever it shall appear to the satisfaction of the

Bureau of Standards or the Secretary of Commerce that any type of weighing

or measuring device is so small as to render it impracticable to mark it as required by this section, the said bureau shall furnish a certificate to that effect to any manufacturer or maker applying for the same, and such certificate shall

exempt such manufacturer or maker from the requirements of this section. Sec. 6. That any person who shall fraudulently stamp, engrave, etch, or otherwise mark upon any weighing or measuring device the type of which has not

been approved as required by this act any name, number, or other mark, with

intent to have such device appear to be an approved type, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not more than $500 or by imprisonment not exceeding one year, or by both such

fine and imprisonment, in the discretion of the court. Sec. 7. That the district courts of the United States shall have jurisdiction of

all offenses under this act committed within their respective districts. And it shall be the duty of each United States district attorney to whom satisfactory

evidence of the violation within his district of any of the provisions of this act

shall be presented by any duly authorized weights and measures official of the

Uiiited States, or of any State, Territory, or the District of Columbia, to cause

appropriate proceedings to be commenced and prosecuted in the proper court

of the United States without delay for the enforcement of the penalties pro- vided for herein: Provided, hoivever. That no action or prosecution shall be

brought against any person for anj' violation of this act unless the same is commenced within one year after the offense is committed.

Sec. 8. That the Bureau of Standards, with the approval of the Secretary of

Commerce, shall prescribe regulations, not inconsistent with law, for carrying

out the provisions of this act, and shall, with the approval of the said Secretary,

fix and establish reasonable variations and tolerances which may be allowed in

the types of weighing and measuring devices authorized by this act. 24309°—16 11
162 BUREAU OF STANDARDS.

Sec. 9. That duly authorized weights and measures officials throughout the

United States may test and verify all types of weighing and measuring devices

approved as required by this act, and no others: Provided, however, That the

approval of a type of weighing or measuring device shall not be construed as

in any way interfering with the testing of individual weighing or measuring

devices as provided by the laws of the several States, Territories, or the District

of Columbia ; nor shall the approval of a type be taken as evidence of the cor- rectness of an individual weighing or measuring device of that type, or prevent

any duly authorized weights and measures official from prohibiting the use of

any such weighing or measuring device which is found to be defective. Sec. 10. That the term " United States " as used in this act shall include all States, Territories, possessions, and the District of Columbia. The word " per- son " as used in this act shall be construed to import both the plural and the

singular, as the case demands, and shall include corporations, companies,

societies, and associations. The term " Bureau of Standards " shall be held to mean under or by authority of the Director of the National Bureau of Standards

of the Department of Commerce. When construing or enforcing the provisions

of this act, the act, omission, or failure of any officer, agent, or other person

acting for or employed by any corporation, company, society, or association,

within the scope of his employment or office, shall in every case be deemed to be the act, omission, or failure of such corporation, company, society, or association as well as that of the person.

Sec. 11. That this act shall be in force and effect from and after one year

from its passage.

The Chairman. Before proceeding, I want to ask the secretary to

read the fii*st section again. There is a principle in the first section

vitally different from the rest of it and I want to call your attention

to that section.

(The secretary reread section 1 of the Ashbrook bill.)

The CHAiKMAiSr. Before proceeding with the discussion I wanted to

call attention to the first section, as I think a great many are liable

to miscontrue that. Congress will never delegate to the Bureau of

Standards nor to any State the power to legislate for national affairs.

Suppose a State buys a set of standards which have been approved

by the Bureau of Standards. This would make them acceptable, and

they could replace the old standards. If anybody construes that first

paragraph to mean that because the State has adopted some other

kind of standard or some other form that this act would make it national, then it would be a very great mistake. I do not put that

construction on it at all. I take it that the purpose of the bill is to

approve types of both weights and measures. Mr. Farrell. What is the definition of "type" as used there?

I do not see any definition.

The Chairman. Congress Avould fix the standard pound, but it leaves to the bureau the determination as to the kind of weight that

should be used.

Mr. Eeichmann. Is it not important to have a definition of the

word "type"?

The Chairman. Yes; I think it is. I wanted to avoid your going

off into a discussion that might not mean anything. I know from

my experience with work in connection with the pure-food law and

other laws, that Congress is very jealous of delegating to anybody the

right to make laws. Congress only wants to give to any bureau or department the power to administer the law.

Mr. Reichmann. Mr. Chairman, in order to bring out a discussion

on this bill I would like to make a motion, following the remarks of

Mr. Farrell. It appears very clearly from the statement of the

chairman, the Director of the Bureau of Standards, who would cer-
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 163

tainly be a man who would be able to understand the meaning of a

bill, that this bill itself is not plear in its meaning. A bill of such

importance ought to have as its first qualification one of absolute

clearness. The bill as drawn is exceedingly defective from a practical standpoint, though we are not arguing that. Therefore, I move

you, sir, that a clear-cut bill be substituted for this, with an explanation of its meaning, to be reported to the next conference.

Mr. Farrell. In seconding that motion I also would call attention

to the fact that some years ago the National Government gave the

State of New York some weighing devices, which consisted of three

different even-arm balances. Under the law as it is drawn, these

devices, which the Government gave us some years ago, are not embraced within the approval of the law. I second Dr. Reichmann's

motion.

The Chairman. I want to state that the first paragraph is not

obscure to me, but I was afraid that some of the members here had

not realized exactly what it meant; that is, the wording here might

lead one to believe that it leaves to the bureau the power to adopt cer- tain standards because the States had adopted them; but the words

" in conformity therewith " limits the meaning of the section in this

respect.

Mr. Sherman. I wish to call attention to the fact that it will not

be necessary to defer action for a year in order that difficulties in

the wording of the bill may be ironed out, since we already have the assurance of consideration in the House committee, and the confer- ence can, if it so decides, definitely act on this bill, favorably or

against, specifically stating it is acting purely and only on the principles involved and not the phraseology of the bill.

The CHAHtMAN. I think it well, if you want action immediately,

to state why. If you do not want immediate action on this, state

why.

Mr. Sherman. I want action, for this reason: That a favorable

consideration, whether it passes or not in the House this year, by

the committee will greatly help the cause of weights-and-measures

work both in the District of Columbia and in the surroimding States,

to my knowledge.

Furthermore, I want to state that I would like to see favorable

action taken here now instead of next year, because I took this bill

immediately on receiving it to the man whom I believe to be the

best lawyer on this sort of work in the District of Columbia, a man

who has never once steered me nor my predecessor wrong, who interpreted the bill for me, taking these things

Mr. Farrell. Mr. Chairman, I rise to a point of order. There is a question before the House.

The Chairman. He is speaking to the question. The motion is to

defer the bill, and he is trying to oppose the deference of it. I think

that is all right.

Mr. Sherman. The lawyer stated, first, that the bill did not in any

wise restrict the powers of any State or district department, but it

would only, as he interpreted it, take off the market, where they

would never come into contact with those departments, certain undesirable types. Secondly, that any State or the District of Columbia

might go further in its regulations than the bureau would go, so long as it did conform to the minimum set by the bureau here.
164 BUREAU OP STANDAEDS.

Thirdly, that in his opinion there were no words or phrases used in

that bill the definition of which should give any court of competent

jurisdiction trouble to interpret.

For that reason, it seems, we are entirely safe in acting favorably

here or in acting against the spirit of this bill and the idea involved

in it, knowing, as we do, that the bill is to be carefully considered in

the House committee.

Mr. Egan. I think the District has had considerable consideration.

That I feel is sufficient. I am in favor of Mr. Reichmann's motion,

but I would like to have it go further. I think there is a vital principle involved in this proposed legislation, and I believe the members here will find that principle embraced in sections 7, 8, and 9 of

this proposed law, if you will read them over carefully. I will not

attempt to amend Mr. Reichmann's motion, but I wish it to go

further. As has been suggested to me, I will offer an amendment

that this matter be referred to our legislative committee for report

to be made later on. (The motion was duly seconded.)

The CnAiRMAiSr. You have heard the amendment and the second.

Are there any remarks? The amendment is that this be referred

to the legislative committee. All those in favor say aye ; contrary, no. (The amendment was rejected.)

Mr. Egan. Mr. Chairman, I added a little more than you propose.

Some of the members may be opposed to that amendment because

it might appear that the committee, having this bill referred to it, might do what they pleased. I added to the amendment that the

committee should have the consideration of this matter and report

back at the next meeting. I think some of the members may have

voted against the amendment on account of your having left out

that feature. That does not take the matter up at this conference.

The Chairman. The Chair decided that the amendment was lost.

Mr. Johnson. I am speaking on the previous motion. I do not

want to appear to take too much interest in this matter, but it occurs

to me, after a very careful reading of this bill, that it contains a great deal of good. One of the points which it establishes without

a question of doubt is that which we have been trying to do for all

of these years, and that is to standardize weights and measures

throughout the entire country. That has been the keystone of our

endeavors for all these years, and this bill seems to do that. The

bill also has a great many other good provisions, all being steps in

the right direction for the benefit of weights and measures laws.

"V^Tien we have an opportunity of this kind I believe that we should

be progressive, and not try to retard a bill of this character because

it may have some little technicality which, pei'haps, is not clear

to a great many of us. Personally, I believe we owe a great deal to

the Bureau of Standards, and I believe it should be the consensus

of opinion of this conference to support that bureau in its endeavors

along these lines when consistent with our views, as I believe this

bill to be. I therefore sincerely trust that the members of this con- ference will, by their vote, recommend the passage of this bill, so as to influence Congress and to encourage the bureau in stimulating

legislation of this character.

Mr. Starn. Mr. Chairman, the gentleman to my right has ex- pressed my feelings to the letter. Before offering my motion at the
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUEES. 165

opening of the conference to-day I had read this bill carefully and

believed that all of the delegates here had done likewise and were

prepared to act without discussion. That was my reason for offering that motion. I only want to reiterate that the gentleman has

expressed the views as I tried to express in the few words of my

motion.

Mr. Maeonet. I did not quite understand the original motion and

voted in the affirmative.

The Chaieman. The original motion has not been put.

Mr. Maeonet. I mean the amendment, and I did not quite get it. I would like to change my vote and I know there are a number in

my immediate vicinity who would like to do likewise. The Ashbrook bill does not appeal to me in its present form, but I would be

glad to vote to put it in the hands of a committee.

Mr. Reichmann. I made the motion in order to bring the matter

properly before this conference for discussion. I think everybody

agrees with what Mr. Johnson, of California, says. The question,

however, is not as to our admiration of the work of the bureau at

all. The question is whether it is wise for this conference to go

ahead and say that we are for this particular bill or as I took the

chair to state whether we are for the principle of the bill. We were

not discussing the technicalities of the bill, and it must be evident

to any one who has had any experience that this bill as it stands now

could never be reported by a committee of Congress or any committee of intelligent beings, because it is so faultily drawn. It has

the fault, in the first place, of not defining "type," which is practically the gist of the bill. What is a type of weighing or measuring

device ? In the second place, it is faulty for the reason that the first paragraph establishes certain standards of weights and measures; then

in the second paragraph it refers to weighing and measuring devices

which are not referred to in the first paragraph and also includes the

use of them. I know that as the bill is drawn at the present, that

practically every scale manufacturer in the United States is opposed

to it, with possibly one or two exceptions. The point at issue, as the

chairman stated, is, are we in favor of the principle involved in this

bill. Now, what is the principle involved ? If the principle involved

in the bill is the question of producing uniformity in weights and

measures and methods of making tests of weights and measures, I

think everybody is in favor of it. If the principle involved is to

make every user of a weighing and measuring device which is faulty a criminal, I do not know whether all of us are in favor of it. For that reason I think it is always safer to act upon a specific

thing than upon the general principle unless we simply set up a line

of principles which this conference favors. I think the proper motion would have been that this conference was in favor of uniformity without any question, that it is the object of the conference to

bring about uniformity. The only question is, does this bill clearly

state that principle? I think everybody agrees with Mr. Johnson,

but I do not believe he is talking on the bill. The motion was in

order to bring out this discussion, that this specific bill be referred

to a committee appointed by the chair and be acted on at the next

conference.
166 BUREAU OF STANDAEDS.

Mr. Johnson. Mr. Chairman, I believe that Congress acknowledges this organization as an authority on legislation of this kind.

I do not believe it could be the policy of this conference to vacillate

by postponing action on a matter of this kind. This matter un- doubtedly will be referred to Congress before our next conference,

and I believe we should either approve or disapprove of the bill.

This idea of trying to sidestep a condition of this kind which so

seriously affects us as a body, to my mind, is not good policy. I am

personally of the opinion that we should meet this condition now

and dispose of it by recommendation either for or against the bill as it is. Mr. Eeichmann. As a point of personal privilege I arise. The

gentleman from California mentioned one word, "sidestepping,"

which I do not like. I do not believe anyone here wants to sidestep a thing, but, as the chairman stated, we want to act simply upon

the principle involved in this bill. The gentleman from California

wants us to take action upon this specific bill and there are a number of delegates at this conference whose State associations have already taken action on this specific bill, some of them for and some

against, and being good American citizens they are going to be controlled by the vote of their association.

There are two questions involved, as I tried to make clear, and I

say it is not a question of sidestepping. Are we going to recommend

this specific bill, which anyone can clearly show is full of errors, or are we going to vote on the principle. My motion was that this

specific bill be referred to the committee for bringing out the defects or ironing them out, if you will.

Mr. Howell. In line with what Mr. Jolinson said, in order to

bring this matter before the meeting, and in order that no one will

be accused of sidestepping, I move as a substitute to the motion that

we disapprove this bill.

Mr. WiLLETT. I think a motion to lay on the table would be in

order, and I make that motion.

(The above motion was duly seconded.)

Mr. Sweeney. What do you mean by "to lay on the table"? Do

you mean to defer the consideration of this bill or just this motion?

The Chairman. It simply disposes of Dr. Keichmann's motion.

Mr. Van Duyn. Does the laying of the motion on the table carry

the subject matter with it ? I think it does.

The Chairman. If that is the case it would be very unfortunate

to have it laid on the table. If you wish to continue discussion on

this matter, and I think it would be very unfortunate to cut it oQ,

you should vote this motion down. You have heard the motion to

lay this on the table. Those in favor say aye; contrary, no. (The motion was defeated.)

The Chairman. The original motion proposed by Dr. Eeichmann

is now before you. The motion is to refer this specific bill to a committee with power to substitute another bill for it and to report

to the next conference. We will dispose of this first, and then we can

decide whether we want to take up the resolution denouncing the

bill. You have heard the motion. Are there any further remarks in

regard to it ? Mr. Hanson. Representing the great Commonwealth of Massachusetts, the Commonwealth which has been the pioneer in weights
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 167

and measures laws and the enforcement of such laws, I strongly oppose the laying over of this matter for another year, because we, as weights and measures officials of our great Commonwealth, in con- vention assembled in our great and prosperous city of Worcester

last January, went on record as favoring the enactment of the bill

which has been presented for action by us here to-day. We did this

because we believed in uniformity of weighing and measuring types,

and we also believed that this uniformity should not be vested within

the respective States throughout the Union, because it would be a hindrance to manufacturers if every State official were allowed to

adopt different rules and regulations or to serialize the weighing and

measuring devices which have been manufactured throughout the

country. As a business man of many years standing, I do not believe

in embarrassing any manufacturer. We, as officials, must stop and

think that we are put in a position not to harass any manufacturer

or any people, but to help them in the output of their particular

devices.

Therefore, I say, Mr. Chairman and members of this convention,

that, representing the great Commonwealth of Massachusetts, and

also as the honorary president of the Massachusetts Sealers of

Weights and Measures Association, elected at the conference which

was held in the city of Worcester in last January—I might add the

largest conference that has ever been held in the United States of

America, at which we had even a larger attendance than we have

here—and voicing the sentiment of our great Commonwealth, I

strongly oppose this bill being laid over until next year.

The Chairman. The question is called for. The motion is to refer

this specific bill to a committee. All those in favor say " aye," con- trary "no."

(The motion was defeated.)

Mr. Farrell. I move you that a roll call be had on the vote and a count made.

The Chairman. All those in favor of voting for the resolution so designate by standing. [After a rising vote.] The motion is defeated.

Mr. Goodwin. Mr. Chairman, if it is now in order, I move you,

sir, that this conference go on record as indorsing the provisions of

this bill. (The motion was seconded.)

Mr. Sweeney. Mr. Chairman, I want to go on record as being

opposed to this bill, because I believe that back of this whole proposition is a purpose of getting the whole weights and measures busi- ness of the United States under Federal conti'ol. I am not opposed

to uniform scales or measurements, but I am opposed to the State,

county, and city officials of all the States being subordinate to Federal officers, and that is just what this means. This bill may not

mean that, but read the other bill that was read yesterday and see where you are. I took this same position one year ago, and I do not see any reason why I should change my mind now. So far as Pennsylvania is concerned, we took no action on this bill in conference last year, because

we did not have a copy of it and were unable to decide what course to

pursue. That is my reason for voting against this bill.
168 BUKEAU OF STANDARDS.

The Chairman. Gentlemen, I want you to feel at perfect liberty

to discuss this and to talk on this principle of Federal control. This

is not something that is being fostered by the Bureau of Standards.

We approve of this, but we want to know your opinion. The bureau

did not initiate this principle ; it has come from the outside ; it has

arisen in a great many places, and we are not sensitive about the matter at all, and you can discuss this as openly and as freely as you like.

Mr. Sweeney. My remarks were not intended to apply to the Bureau of Standards, because I have absolute confidence in the director

of that bureau. It is the principle involved, giving the Federal Government control throughout the different States.

Mr. Starn. As I see this bill that is before the conference, it appeals to me for the reason that it treats all men alike from ocean to

ocean. The men of New York State are not set apart and designated

as one particular people, or Pennsylvania as another, or New Jersey

as a third. I can see no reason why any scale manufacturer should

object to this bill—why their scales should not be sold under the same

conditions on the Atlantic coast as on the Pacific coast. It would be

up to them to explain. If they can manufacture their scales and

send the same ones to California as they send to the other parts of our United States, there is but the one type for them to use, which is

economical. Why 16 ounces should not make a pound in California

the same as it does in New York I fail to see, and in order to get to

that condition why should there be more than one type ? The time

has come for us to approve or to disapprove this bill, and it is a matter of our intelligence altogether. I call for the question.

Mr. Umpleby. The remarks of the gentleman from Pennsylvania

are ill-timed, inasmuch as this bill can not put the control of the

weights and measures imder the Federal Government, because it is already there. It would take a revision of the Federal Constitution

to take away from them the right to control weights and measures. Another thing: I am speaking as one who adjusts weighing and

measuring devices, and I know on many occasions where I have con- demned scales men have said, " Well, what kind of scale am I going

to get ? What is a standard scale ? " There should be a standard for

scales and standard for measures and they should be the same in all

States. I believe we can take action on this bill and that the committee in Congress is perfectly capable of making any changes in it that will be necessary, and if we disapprove the bill at this time it will simply mean holding it over for another year, and probably indefinitely. I think we need action and as quickly as we can get it. I am speaking as one who does work in the field, and the people want

to know where they are. Mr. Farrell. The sealers generally may not be familiar with the

law. I am not a legal authority, but I have practiced law for some

years and have been mixed up in some rather universal litigation and

have had forced upon me a few of the millions of constitutional questions that are arising from day to day, caused, as some of us say, by

the inexperience of our forefathers who drew and framed our Constitution. Under the law as proposed by Mr. Ashbrook, the work of

the sealer as such, is taken absolutely out of his hands. The work

of the man in the field is absolutely under the direction and control

of the department at Washington. He is wiped out, his individuality

is wiped out, the State departments are wiped out, and the work
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 169

itself is done under the regulation and under the control and rules

of the National Government., That is the provision of the bill.

Whether or not Congress has power to pass such legislation is too

deep and too far-reaching a question for us to go into at this time, we

have not time to consider it. I will not call attention to any part of

the constitutional question, but will again call the attention of the

sealers to the fact that the provisions of this bill are unalterable,

they absolutely control the work of the man in the field, and he is

absolutely under the regulation and control as set set up by the department of the National Government.

Mr. Sherman. Mr. Chairman, the gentleman who just spoke arises

and states that he is not an authority on constitutional law nor a legal

authority ; then he goes on and puts on this bill an interpretation entirely at variance with the interpretation set by the counsel for the

bureau, and by counsel appointed or elected in many jurisdictions who

are appointed for the reason that they are authorities on constitutional law.

Mr. Reichmann. I regret these personalities. Any lawyer has a right to an opinion until the Supreme Court of the United States decides on a matter of constitutionality. I see Commissioner Hartigan,

of New York City, has come in, and I suggest that we have a word

from him.

The Chairman. Does Mr. Hartigan want to be heard ? Mr. Hartigan. I have not any idea what the question is. The Chairman. The question is on the action on the Ashbrook bill.

It is really as to whether we approve or disapprove of the bill. The

motion is to approve this specific bill, but I take it we are all broad

enough to take it that what we are discussing is the principle.

Mr. Hartigan. I would not attempt at this time to take up any

of the time of the conference by going into a lengthy dissertation on

the provisions of the bill, but I think it interferes with the weights

and measures provisions throughout the country, for once you open

the door to national legislation bearing the character of paternalism,

going back into the imperial power carried out now by the German

Government, we are going to extend the forces and influences of a measure of this character into -a large existence on the part of the

Federal Government and to take away and deprive local sealers in

counties, cities, and States of privileges which they now enjoy xmder

the authority of their local government. It means to me that the

National Government is going to extend its power into fields of individual localities; it is going to remove the immediate and intimate

protecton enjoyed by the consumers of this country through the

powers of the local sealers of weights and measures. Mr. Downing. As I understand this bill, it is just giving the

Federal Government power to pass on types, and that it can in no

way be construed to take away the powers of the local sealers of

testing the various weighing and measuring appliances under their

jurisdictions. Section 9, if you will read it, clearly brings this matter up in the words: Provided^ however^ That the approval of a type of weighing or measuring device shall not be construed as in

any way interfering with the testing of individual weighing or measuring devices as provided by the laws of the several States,

Territories, or the District of Columbia." That answers the question.
170 BUREAU OF STANDARDS.

Mr. Hartigan. If this is a matter of debate, and we are to interpret the A^arious provisions of this bill as attempted to be interpreted

by the previous speaker, then I suggest, in all fairness to this conference, that the matter be laid on the table.

The Chairman. That has been voted on. Mr, Hartigan. I beg pardon. I was not here when that was done.

If that is in answer to my accusation that the bureau is about to have

a door opened by the Federal Government for the further extension

of its powers, then I am free to confess that I am without an answer

to your suggestion. Whether or not the bill itself is limited so far

as its powers are concerned, I still hold and maintain that it opens

the door still wider for the National Government to extend its powers

over States, over counties, and over cities in this country.

Mr. Egan. Mr. Chairman, I believe that under section 7 the local

sealers of weights and measures, with regard to the enforcement of

the law, would be obliged to go to the United States district attorney

for prosecution for violations ; that it substantially takes the enforcement of the law regarding weights and measures out of the jurisdiction of the local or State courts.

The Chairman. Just on types.

Mr. Van Duyn. I would like to amend the motion to the effect

that the Chair appoint a committee of five, of which the Director

of the Bureau of Standards be chairman, to draft a bill to regulate

and control the manufacture, sale, and use of weights and measures,

the same to be presented to the first session of the Sixty-fourth

Congress.

The Chairman. That is different from the previous motion, in that

it gives to the committee some power.

Mr. Eeichmann. I second that motion.

Mr. Van Duyn. Speaking one word to the amendment, it does

seem to me, gentlemen, if we have any one man among us who is

qualified to draft or assist in drafting a bill that will be fair to one

and all, State, county, and city sealers alike, the director of this

iDureau is that one man, and I do think that with a committee of five

to draft such a bill, to be presented by some Member of Congress,

we can arrive at a conclusion which we can all work from. For that

i-eason I make this amendment, and I believe that it is one that will

merit your fair consideration.

The Chairman. You have heard the amendment, which has been

seconded, and the explanation. If there are no remarks, I will put

the motion. Those in favor of the amendment will say aye ; contrary,

no. There seems to be a division. Those in favor will rise and re- main standing until they are counted. [After a pause.] Those opposed will rise and remain standing until they are counted.

(The amendment was rejected.)

The Chairman. The original motion is now before the house, the

amendment having been lost. Mr. Hartigan. I rise to a question of privilege.

The Chairman. State your question.

Mr. Hartigan. The question is whether or not this proposed measure has been submitted to the Attorney General of the United States

for his opinion as to whether or not it is constitutional ?
TENTH ANNUAL CONrERENCE ON WEIGHTS AND MEASURES. 171

The Chairman. Yes, sir ; and also to the Solicitor for the Department of Conamerce. They both are of the opinion that it is constitutional.

Mr. Goodwin. The original motion was that it is the sense of this

conference that we go on record as favoring the provisions of this

bill.The Chairman. Yes. Those in favor say aye ; contrary, no. There

seems to be a division. Those in favor will please rise and remain

standing until they are counted. [After a pause.] Those opposed

will rise and remain standing until they are counted.

(The motion was agreed to.)

I want to say in this connection that we very much appreciate the

broad and liberal discussion that has been had here, and I feel quite sure when this matter goes to the committee ample provision will

be given both sides to discuss it freely. I think the disposition of

the Coinage, Weights, and Measures Committee is to give absolute

freedom to discussion. If I were not in charge of the Bureau of

Standards and not in favor of more centralized work, I should speak

more emphatically at this point. I think, however, my own tendencies and the tendencies of the bureau are toward the local management of things just so far as possible, and we have felt that the principle involved was only that it would prevent dishonest and bad

types being placed upon the market.

During my last visit to the international conference of weights

and measures I saw the model law drawn up for the Chinese Government by the international conference on weights and measures,

and I believe it is the best law in existence to-day. You would be

surprised at the provisions of that bill, which was drawn by the best

men on weights and measures in the various countries, and they have

given to" the central Government authority there which they never would in this country, and at that one particular thing I was very

much surprised. One thing they have absolutely prevented is the

manufacture of a type that was not approved.

The next paper on the program is No. 15, " System of keeping

records," by Mr. Sharp, of Philadelphia.

SYSTEM OF KEEPING RECORDS, BY BENJ. M. SHARP, CHIEF CLERK,

COUNTY COMMISSIONERS' BUREAU OF WEIGHTS AND MEASURES,

PHILADELPHIA, PA.

Philadelphia is represented in the weights-and-measures field by

one of the largest bureaus in the East. It is under the direct

supervision of the county commissioners, who are the appointing

power. The Philadelphia bureau was organized January, 1914, by

the appointment of a supervisor, a chief clerk, a stenographer-clerk,

35 inspectors, and two laborers. Offices and testing rooms were

equipped with every standard necessary for proper operation in a

large city. The city was divided into districts, and into each district are detailed two inspectors. The inspectors work in pairs, being

designated as crews A to M, inclusive. The districts are likewise

lettered. Each crew of two inspectors is equipped with a horse,

wagon, harness, and other necessary transportation equipment, and

each wagon contains a complete working outfit for every class of
172 BUBEAU OF STANDARDS.

weiglits-and-measures work in the field. In addition to the 12

wagons, the bureau has a 2-ton motor truck, equipped for testing

wagon and other large scales. Two men and a laborer are detailed on

this work. We also have a smaller and lighter truck, with two inspectors detailed thereon, w^hich is used for the inspection of gasoline

pumps, measures, and other important work in this class.

Philadelphia City and Philadelphia County are consolidated and

the area to be covered is 130 square miles, containing a population

of 1,750,000 people.

It became important, therefore, to devise a systematic method of

keeping the records of every act of every inspector. So the system

now is use was adopted.

A study of all the laws brought us to the conclusion that the subject of weights and measures was divided into five main divisions

1. Standards and denominations.

2. The manner of sale of various commodities or classes of commodities.

3. The penalty for acts intended to defraud purchasers, whether

through shortage, substitution, or misrepresentation.

4. The manner of inspection by administrative officials ; and

5. The marking of the net contents of containers in terms of

weight, measure, or numerical count.

After a year and a half of the hardest kind of a campaign for

honest weights and measures, during which we had covered every

angle of the work, I believe the system adopted to be one of the

most comprehensive, yet simple in its operation, in use anywhere.

During our first year and a half we have made 750,000 inspections

of scales, weights, and measures, not including commodities, coal,

hay, etc. You may make observations, you may make inspections, you may

make condemnations, confiscations, and investigations, but if you

do not record the information,- your work is of little value for it is

not possible to carry all the weights-and-measures problems in your

head.

The following is a brief explanation of the main forms used by the

bureau

No. 1. The certificate.—These are in triplicate, numbered in triplicate, and each sheet of a difi^erent color. The pink one, after being

filled in with the number and kind of inspections, is delivered by the

inspectors to the merchant. On the back of the pink certificate is an

extract of the laws under which we operate. The white certificate

(duplicate) remains in the book as the inspector's individual record

of inspection, and the bulf (cardboard) certificate is returned to the

office as the official record. These latter are filed in alphabetical

order and become a permanent record of all instruments inspected

in the store of that particular merchant. Upon every reinspection of

apparatus a certificate is issued. These triplicate certificates are bound in book form, 60 sets (in triplicate) to each book.

No. 2. The record of penal violation.—In duplicate, in book form,

numbered in duplicate, 50 sets to a book. The white one remains in

the book for the inspector's individual record, and the pink one

(cardboard) is filed in the office and becomes the official office record

of violation against the merchant. These forms are only filled up

by the inspectors when apparatus is confiscated or there is a violation
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 173

of the laws. The form permits of a record of the case until it reaches

the highest court.

No. 3. Condemnation tag.—Is made of linen (so that it can not

be torn by the merchant or by children while the scale is condemned).

This tag has a stub, numbered in duplicate, and perforated so it can

be torn off and returned with the certificate of condemnation, in

order that the inspector or the of&ce might check up at the end of the

10 days whether or not the apparatus has been repaired as required

by the regulations. The larger portion of the tag is sealed, with a lead seal, upon the instrument condemned. There is a fine of $25

for using the instrument while the tag is attached. In Philadelphia

we require the scale repair man who repairs the instrument to first

take out a permit (see 3-B), which is free, for its repair or adjustment, and after he has repaired or adjusted same he must fill in and

report to this bureau the blanks on the reverse side of the permit.

This is done to check up the repair man and hold him responsible

while the tag is off the scale and the instrument in process of being

repaired. The repair man must reseal this tag upon the instrument re- paired and return it to the owner. The owner must then notify this bu- reau in writing (upon postal cards left at the time of the condemnation) that the instrument has been repaired and that it is ready for re- inspection. Inspectors are immediately sent to retest with standards

and, if the apparatus is correct, to remove the condemnation tag and

issue a reinspection certificate, returning the condemnation tag with

the triplicate certificate to the office, where the original condemnation

is recorded against that merchant. Notation is made on this record

that scale is reinspected and sealed or recondemned or confiscated, as the case may be. This is what we call a reinspection of a condemnation. On the back of the condemnation tag is an extract of the laws

and the word " condemned."

No. If.. Postal card., self-addressed., which is left with the merchant when scale or other instruments are condemned.—^When they

are repaired he fills in his name and address and the date, and we

have a written request that his instrument is ready for reinspection.

No. 6. Confiscation tags and stickers.—These are used to place

upon such apparatus as are confiscated. "^Vlien a confiscation is made,

the inspector fills out and files against the merchant a violation

(which is numbered). He then carries this number to the confiscation tag, as follows: V1246, John Jones, 225 Market Street, Philadelphia, Pa., the date, the inspectors' names, and the kind of apparatus confiscated. If prosecution is to be instituted against the merchant, or if, for any reason, the inspector desires to again get the

instrument as evidence, it is a simple matter to turn to the record

against John Jones and send an order to the warehouse for violation

No. 1216.

No. 6. Condemnation stickers.—These are used to stick upon the

instruments as an additional warning to customers not to buy over condemned apparatus. Ofttimes the condemnation tags are so placed upon the instruments that the customer can not see them. Unscrupulous dealers will use the scale. But with the stickers pasted

on the instrument that act is reduced to a minimum and the merchant

is the most anxious to get it off the counter and into the repair man's

hands.
174 BUREAU OF STANDAEDS.

No. 7. Approval seals.—This seal was specially designed for use in

Philadelphia, but could be utilized by cities, counties, or States where

they are divided into districts. This seal contains the day, the month,

the year, the crew letters, etc. Before applying to the instrument,

the inspectors making the test and using a conductor punch, punches

out the day, year, and month, and also his crew letter. These approval seals are a different color each year. It is very easy to check

up the inspector or the merchant by alternating the color scheme.

In addition to this paper seal, the lead seal is likewise attached,

bearing the year and the crew letter.

No. 8. Not legal for use in trade.—Very often there are scales, es- pecially family scales, over which commodities are not bought or sold,

but which the owners desire tested as to accuracy. This seal is intended for this use. But a record is kept of these scales, and periodically the inspectors are given a list of those thus sealed to investigate

if they are being used for the sale of commodities. If so, prosecution is instituted.

No. 9. Coal reweighing record.—This form is in duplicate, the

original being blue and the duplicate white. The duplicate remains

in the book for the inspectors' record. They are numbered in duplicate. Coal wagons are stopped upon the streets as the coal is being

delivered to the purchaser. The driver is obliged to have a delivery

ticket showing the net weight of the coal in the load. Copy of this

ticket is reduced to the record card, and then the two inspectors re- quire the driver to drive his team to the nearest sealed scales, where

the gross weight of the load is taken and recorded on the certificate

then one inspector remains at the scales upon which the reweighing is

made while the other inspector follows the load of coal to its destination to see that it is delivered ; then he requires the driver to drive

back to the same scales, and then and there the tare of the wagon,

buckets, shoA'els, blankets, etc., is taken, which deducted from the

gross gives the net weight of the coal delivered. If a shortage is

found, a violation is filed against the coal dealer, and he is warned

by letter that a repetition will result in his prosecution for short

weight. And a repetition results in his prosecution and a fine of

$25 and costs ; second offense, $50 ; third, $100. This method of inspection and keeping record of same has had the effect of reducing

the coal shortage to a minimum. The average ton of coal in Philadelphia a year ago was 1,800 pounds; the average to-day is 2,240

pounds, or as near to that as conditions will permit. As wagon

scales are inspected and tested they are given a number, and there is

attached to each scale an aluminum disk (see 9 B) about the size of

a half dollar. This disk bears the coat of arms of Philadelphia

and upon the reverse side bears a serial number. This scale afterwards is known by number ; and no matter how many times the busi- ness may change hands, we have a complete record of every test made

upon that particular scale. A map of the city is affixed to compoboard in the office, and as each wagon scale is numbered and reported

into the office, small numbered tacks are used to stick into the location on the map of this particular scale, so that at any time any inspector in the field desires the use of a tested scale, in whatever

neighborhood he may be operating, he may telephone the office, giving his location, and the nearest scale can be given to him, together
12 COUNTY COMMISSIONERS

Bureau of Weights and measures

DAILY REPORT FOR . 191 .

NAME Of iNsrecTon AbSIONCO TO CHARACTER OP WORK WMCRC WODKKD i

Team A-Truok

Team B

TttUD C

TeajD D

Teas E

T«un P

Team G

Teas H

Team I

Team J

Team K

Team L

Team H

Team N

Team

AutOBObllO

Coal

Ullk

Gasoline

ComsodltleB

TOTAL

NUMBER OF SCALES READY FOR RE-INSPECTION . NUMBER OF SCALES CONDEMNED AND NOT WFPAtlwrp ,

iNRPFrropfl nrw ntirv nc-AOAN

OF*«U-lM

APPROVED:

ATTEST:

aUFDIVlSOII

CMIV CUKK

TOTAL

1 NUMBER VIOLATIONS PROSECUTJONS

Cod. Paul CMI Ptul

The County Commissioners

miou Of nBOirts a.mi measi'res

13

K)

3B

IF WEIGHTS AND MEASURES

D OF PEt4;iL VIOLATION

HmW W WtKHIS AND MEASURfS

3B

EtnCftSI BICE

REPAIR REPORT

omeui. coil nut hcmii of mmia 9A —

lOA 10 B

-

1

5A CONFISCATED

WEASUKES 5B CONFISCATED

BUREAU OP WElCim AKD MEASURES

TUB niTHUIEn KM tui CONDEMNED

;_8749

3f MEICKTS AND HEAStHU

1 A A wUIVIIVlULi'll ^ OAILT BtPOBT

.... ..J-.

_

F

1

. 14a

18 COUNTY COMMISSIONERS

BURCAU OF WEIGHTS AND MEASURES

OAILY HCFOIIT rwt

NAKW ATTBaTi

11

THE COUNTY COMMISSIONERS" BUREAU OF WEIGHTS AND MEASURES PHILADELPHIA CONSOLIDATION AND CLASSIFICATION OF INSPECTIONS

FOR Month of 191^

MfSC ELIAN ECUS

SET OF FORMS USED BY THE WEIGHTS AND MEASURES DEPARTMENT OF PHILADELPHIA, PA.

24309''—10. (To race page 174.)

TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 175

with its date of approval, etc. During the next year this numbering

on scales of all types will be installed.

No. 10. Daily re-port card.—This card is a consolidation of the

daily work of the inspector. It shows the inspectors' names, date,

district, number of places visited, certificates issued, violations filed,

condemnations made, and the types of instruments and devices inspected, approved, condemned, confiscated; the number of requests

received, complaints in the field, and any special remarks^ On the

reverse side (10-B) of the daily report there is consolidated by the

inspector a classification of the business; that is, so many bakers, so many grocers, so many meat markets, etc., with their names opposite their business. This is intended to consolidate the entire

day's work and to classify the kind of business visited, and it reports

the daily condition of field and other equipment and just where the

inspector is working to-day and where he expects to work the following day. At the end of the month all these daily reports are

consolidated into a monthly report. (See No. 11 for monthly re- port.)

No. 11. Monthly report, consolidated.—The headings on this consolidated monthly report correspond with those of the daily reports.

Under headings of " Date " on the monthly report there is consolidated

the daily reports of the first day of the month (this can be done

daily). Then under heading "Total," on the right, there is totaled

the number of approvals, condemnations, and confiscations, the number of violations filed, the number of places visted, and the number

of prosecutions. This can be done daily from the daily reports of

the inspectors, so that at the end of the month all that is necessary

is to consolidate the last day's reports and total the same. This is a very simple form, but one that, if properly kept, will give every

detail of every act of every inspector. Below the red line in the

center of the sheet, and to the left, under the heading " Business,"

you consolidate, at the end of the month, the classification of business. You get this classification from the back of the daily reports

of the inspectors. At the end of the year you will know how many

inspections were made; how many of each type of apparatus were

either approved, condemned, or confiscated; how many packages

were reweighed, how many loads of coal ; how many places visited

;

how many violations filed; the number of prosecutions instituted;

the number of grocers inspected; and the number of every other

classification of business, etc. At the end of the year there are only

six sheets to handle, for the reason that this monthly report blank

is printed and ruled on both sides, each side for one month. From

these six sheets it is very easy to work out statistics and other data.

No. 12. Consolidation of daily worh.—This form is special. We

are detached from our county commissioners' offices and this form is

used to keep the county commissioners advised each day what inspectors are working, where they are working, character of their work,

number of places visited, number of inspections, condemnations, confiscations, approvals, and the time of each first inspection and that

of the last. It also reports the number of pieces of apparatus con- demned and not yet repaired, and a daily record of the number of

pieces of apparatus repaired and ready for reinspection on that day.

This is a complete check on all inspectors, and the appointing power

knows where the men are at all times. This report must be verified
176 BUREAU OF STANDAEDS.

by the supervisor and the chief clerk, who must sign it before it is

sent to the county commissioners.

No. 13. Commodity certificates.—In duplicate (green and white),

numbered in duplicate. In books, 50 sets to each book. Green one

is the official record, which the inspector returns to the office, while

the white one remains in his book for his own record. This form

can be used to "try out" any commodity as to weight, measure,

marking of net contents, or for direct purchases when prosecution

is contemplated, or for general information as to how commodities

are running in any section of the city. If these reports show the

commodity is being sold short, and it is the first offense on our

records, then a violation is filed against the seller, and he is notified

by a form letter that a repetition will result in his prosecution. This

merchant is watched, and if a second violation is filed against him

he is prosecuted, but first the commodity running short is purchased,

or a sample thereof, which is brought into the office and the head

tester again checks to the weight markings, etc., in order to verify

the field inspector's weight and report. We then have the evidence

of the two field inspectors and the head tester and likewise the sample commodity, and have very little trouble in securing convictions.

No. HA and HB^ commodity daily report cards—Color scheme—

The various blanks and reports used are of a different color. This

is most important from the fact that the office is the clearing house of

every act of every inspector and when the various forms come back

from 35 inspectors it is a very simple matter for the clerks in the office

to separate according to color, which brings every report together in

its proper class.

I shall not burden you further with details of other forms used,

but I desire to say that the system of keeping records in Philadelphia is simplified to such an extent that two clerks have been able

to handle all the reports, etc., upon three-quarters of a million inspections during the past year and a half.

If there are any forms that we use in Philadelphia which will

help to bring about uniformity in our work, we shall be pleased to

furnish them to anyone who might request them.

THE STANDARD BAKREL LAW, BY F. S. HOLBROOK, BTJREATT OF

STANDARDS.

The Tuttle-Weeks standard-barrel law (Public, No. 307, Sixty-third

Cong. )

, entitled "An act to fix the standard barrel for fruits, vegetables, and other dry commodities," is an important act which deserves

the most careful attention of every weights and measures official. It

is a most noteworthy advance in legislation, since it is the first mandatory standard for general use ever established by Congress under the

power given in the Constitution " to fix the standard of weights and

measures." It should be understood by every weights and measures

official, since by its terms " prosecutions for offenses may be begun

upon complaint of local sealers of weights and measures or other

officers of the several States and Territories appointed to enforce the

laws of the said States and Territories, respectively, relating to

weights and measures." Its provisions are, then, worthy of painstaking study, and it is my privilege to bring some of its main features

to your attention at this time.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 177

It is fil-st advisable to fix firmly in mind the two meanings of the

word barrel, since this is the sole container to which the law refers.

The word is applied, first, to a container of a certain kind, and, sec- ond, to the capacity of such container or the amount which it will

hold. The Standard Dictionary gives typical definitions in the following words

Barrel. 1. An approximately cylindrical vessel, usually slightly bulging in

the middle, generally made of wooden staves held together by hoops. * * *

2. As much as a barrel will hold; a measure of quantity applied both to liquids

and to solids. * *

* The word, as used herein, will be employed within the meaning of

these definitions.

In 1912 Congress passed a law popularly known as the Sulzer

apple-barrel act (Pulilic, No. 252, Sixty-second Congress) entitled

"An act to establish a standard barrel and standard grades for apples

when packed in barrels, and for other purposes," and the provisions

of this are well known to the officials throughout the country. An

impression seems to have gained some currency that the provisions

of the Tuttle Act are similar to those of the Sulzer Act, but that it

includes in its provisions not only apples but other fruits, as well as vegetables and other dry commodities. Such an impression, however, is an erroneous one. There are a number of extremely important distinctions between them, and these points of distinction

should be firmly fixed in mind.

First. The former law (i. e., the Sulzer Act) is based on the interstate commerce section of the Constitution, depends for its validity

on this section, and in general covers only those shipments which

enter into interstate commerce; the latter law (i. e., the Tuttle Act)

is based on the weights and measures section of the Constitution,

depends for its validitj'' on this section, and covers interstate shipments and also sales of every kind whether they be interstate or

intrastate in character.

Second. The former law establishes a permissive standard which

becomes operative over a barrel only when a certain affirmative act

is done, i. e., branding the barrel with the words " Standard grade

minimum size * * * inches"; the latter law establishes a mandatory standard which must be complied with unless the commodities are sold exclusively by weight or numerical count.

Third. The former law did not repeal State laws except in so far

as they were nullified on account of the fact that the State laws might

not be so enforced as to interfere with interstate commerce ; the

latter law automatically nullifies all State laws in so far as they

differ from or are inconsistent with the provisions of the national

law.

Fourth. The former lay refers only to barrels containing apples;

the latter law refers to barrels which are used in the sale of any

fruits, vegetables, or other dry commodities, unless sold exclusively

by weight or numerical count.

Fifth. The violation of the former law is usually considered a

civil offense and entails a penalty of $1 and costs for each barrel misbranded within the meaning of the act, recoverable in a civil suit;

the violation of the latter law is a criminal offense, to wit, a misde24309°—16 12
178 BUREAU OF STANDARDS.

meaner, and is punishable by a fine not to exceed $500 or imprisonment not to exceed six months.

The following distinctions are less important, but are mentioned to

complete the matter:

Sixth. The former law specifies a barrel of certain given dimensions and admits in terms of only one variation from these dimensions, nameljT^, when the barrels used are made of steel and have the

interior dimensions provided for in the section. On the contrary,

the Tuttle law, while specifying the same dimensions as the Sulzer

law, allows also any barrel of other dimensions which contains 7,056

cubic inches. This distinction appears unimportant, however, since

it is probable that most of the standard barrels will be of the dimensions specified.

Seventh. There is no provision for establishing tolerances in the

Sulzer law, while in the Tuttle law it is provided that tolerances shall

be established by rules and regulations made by the Bureau of Standards. When these are established they will undoubtedly govern the

administration of the Sulzer bill also as defining what shall be con- strued as a substantial variance from the barrel established by this

law.

As before stated, there are now two barrel laws upon the Federal

statute books. The question may well arise in the minds of some,

" Does the later statute, the Tuttle barrel law, repeal the earlier stat- ute, the Sulzer apple-barrel law ? " The rule of law in cases where there is no clause expressly repealing the provisions of former statutes is that such statutes or parts of

statutes which are inconsistent with the later statute become moperative and are repealed : but that such statutes or parts of statutes which

are not inconsistent with the later statute and which can be enforced

at the same time as the later statute, continue in full force and effect.

Let us briefly examine these two laws to see under which class they

fall. The barrels mentioned by the two acts are exactly the same in size,

therefore they are not inconsistent in this particular.

The Sulzer law is not violated unless an affirmative act is done;

i. e., unless the barrel is branded in a certain way and is then shipped

in interstate or foreign commerce or sold or offered for sale within

the District of Columbia or the Territories of the United States.

If a barrel containing apples is not brought within the provisions of

the Sulzer Act the Tuttle barrel law will seize hold of it and require

compliance with its provisions. Therefore it may be said that when

the barrel is not within the provisions of the Sulzer law, the Tuttle

law will operate against it without any conflict.

It remains to be considered whether both laws can work simultaneously; whether a barrel of apples, which comes within the provisions of the Sulzer law, can be operated upon simultaneously and

without conflict by the Tuttle law, which, of course, retains its jurisdiction over it. We believe there is no reason why this double

jurisdiction can not be assumed.

The Sulzer law may be violated in four ways by a barrel of apples

which has been brought within its purview.

(a) The apples contained therein may be below the grade claimed

by the brand.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 179

(h) The barrel may fail to bear a statement of the name of the

variety, the name of the locality where grown, and the name of the

packer or the person by whose authority the apples were packed and

the barrel marked.

(e) The barrel may be of other than the standard size required

by law.

(d) Two or more of the above violations may exist simultaneously.

The violations (a) and (&) are violations of the Sulzer law alone

and are to be proceeded against wholly under the provisions of this

law.

The violation (c) is equally a violation of both laws, and as such

may be proceeded against under the provisions of either law.

The violation (d) consists of two or more distinct violations, and

these two violations may be proceeded against in the same ways

that are described above.

That the failure to comply with the grading feature is an offense

distinct from the failure to comply with the standard size established

is, we believe, sufficiently evident from the fact that such violations are mentioned in separate sections of the Sulzer bill, the first being

defined in section 5, the latter in section 4. Therefore there appears to be no inconsistency in the two laws

in this particular.

There appears to be one provision of the Sulzer law which is

partially inconsistent with the provisions of the Tuttle law and

therefore, following the general rule given above, this particular

provision of the Sulzer law is partially repealed by implication and

becomes of no effect. This provision occurs in section 4 of the

Sulzer law and consists of the italicized part of the section as quoted

below

Sec. 4. That all barrels packed with apples shall be deemed to be below

standard if the barrel bears any statement, design, or device indicating that

the barrel is a standard barrel of apples, as herein defined, and the capacity

of the barrel is less than the capacity prescribed by section one of this act, unless the barrel shall be plainly marked on end and side with ivords or figures

shoiving the fractional relation which the actual capacity of the barrel bears

to the capacity prescribed by section one of this act. The marking required

by this paragraph shall be in block letters of size not less than seventy-two

point one-inch gothic.

It appears that the Tuttle law makes no provisions for any fractional values except those specifically included—that is, the third,

the half, and the three-quarters barrel. It seems, therefor-e, that

the subdivisions as mentioned in the Sulzer Act are limited by the

provisions of the Tuttle Act, which takes precedence over it, to the

three fractional sizes mentioned. The marking of some other fractional part would be in violation of the Tuttle law and could be

proceeded against under that law.

We come to the conclusion, therefore, that except for the single case of fractional subdivisions of the barrel the Sulzer Act and the

Tuttle Act are entirely in harmony and that both are valid and can

be enforced simultaneously.

Another question which has arisen is as follows : " Does the Tuttle

law repeal the marking requirement of the net-weight amendment

of the pure-food law in so far as barrels are concerned ? "
180 BUREAU OF STANDARDS.

The text of the law containing tliis amendment is as follows:

That for the purposes of this act an article shall also be deemed to be misbranded : * * * In the case of food ; * * * Third. If in package form, the quantity of the contents be not plainly and

conspicuously marked on the outside of the package in terms of weight,

measure, or numerical count : Provided, Jwwever, etc. * * *

It will be seen fI'om the above that all foods which are " in package form " within the meaning of this act must be marked with the

quantity of their contents. This marking, of course, is required only

on goods shipped in interstate or foreign commerce or sold or offered for sale in the District of Columbia or the Territories of the

United States. There are no exceptions to the marking provision, as stated, on packages of this size. Barrels containing food have

been construed as being " in package form " within the meaning of

this act. The above question may now be put in the following

form : " Does the fixing of the standard barrel and subdivisions impliedly repeal the compulsory marking requirement on packages such

as standard barrels and subdivisions containing food when they are shipped in interstate commerce ? " We believe that the question must be answered in the negative.

The Tuttle law establishes a mandatory standard barrel and subdivisions and does not require any marking, nor does it state in

terms that no marking provisions should apply. The term " barrel " for fruits, vegetables, and other dry commodities is now a unit

of measure and refers to a certain definite capacity.

The pure-food law does not create any standards, nor does it

exempt any package because it is put up in a customary standard

size. The pound is a customary unit of weight, yet a package of

butter, coffee, or other food must still be marked, although it contains just a standard pound. The liquid quart is a customary unit

of liquid measure, yet a package containing food in liquid form

must still be marked, although it contains just a liquid quart. The

bushel is a customary unit of capacity, yet a package of fruits or

vegetables must still be marked, although it contains just a standard

bushel. By analogy a barrel for certain purposes becomes a standard unit of capacity, yet it does not by that appear that it is taken

out of the general rule. Therefore it seems that such a package

must still be marked with the quantity of the contents. It is true

however that the later law has resulted in changing the required

marking. Whereas the former legal marking on a barrel of the

size of the standard barrel established would have been " 3 bushels

1^ pecks," it may now be " One barrel." And the fractional parts

may be marked " Three-fourths barrel," " One-half barrel," and

"One-third barrel" instead of in terms of bushels and pecks. But

we can not conclude that the marking required by the net-weight

amendment has been rendered unnecessary by the Tuttle law.

The scope of the act can not be pei'fectly understood until the

proviso at the end of section 3 is thoroughly in mind, since this limits

the application of the act. This proviso reads as follows:

Provided, liowever. That nothing in this act shall apply to barrels used in

packing or shipping commodities sold exclusively by weight or numerical count. This means that in these cases barrels of any size may be used.
TENTH AJSri^UAL CONFERENCE ON WEIGHTS AND MEASURES. 181

It does not mean, however, that to certain commodities the act

sometimes applies and sometimes does not apply, i. e., that if an

indiA'idual sale is made by weight or numerical count, the law does

not apply to that sale and does apply in other sales not so made.

This construction is clearly contrary to the meaning of the word

" exclusively." We believe that the meaning is that if b}^ the long and

general custom of trade a commodity has always been bought and

sold by weight and the capacity of the barrel has not been used to

determine the quantity of the contents purchased or delivered, then

in the future such commodities shall continue to be bought and sold

in this way.

To determine whether any stated commodity may be sold by the

(standard barrel, without more, the custom of trade in reference to

this particular commodity must be examined and the question decided

upon the unanimity of the former method of sale.

The most common dry commodities which come to mind as having

been universally sold by weight when in barrels are flour and sugar.

This method of sale has always been employed in both wholesale and

retail transactions involving these commodities. Further, the great

majority of the States have standardized the weight of the barrel of

flour at 196 pounds net. The above rule, then, at once eliminates

flour and sugar from the provisions of this act. The following commodities are some of those which we believe are

in the same category: Crackers, etc., starch, corn meal, nails, oysters

in the shell, cement, coal, charcoal, shoe pegs, etc. In relation to the above commodities, it is probable that the Tuttle

law does not apply. All these commodities in barrels or subdivisions

must be sold by weight. Also State laws requiring a specified weight

or the branding of the package with the weight remain in full force

and effect in respect to the above commodities.

It may be especially emphasized at this point, and it should be kept

in mind throughout in order to preclude any possible misunderstanding, that the statements made in this paper are solely my personal

opinions, that no official signification whatever can be attributed to

them, and that they may not be considered as a forerunner of or as throwing light upon the rules and regulations which will hereafter

be made by the Director of the Bureau of Standards, according to

the authority given by section 3 of the act. It is important to determine of what a violation of the law consists. This is expressed by section 2 in the following words

Sec. 2. That it shall be unlawful to sell, offer, or expose for sale in any State,

Territorj', or the District of Columbia, or to ship from any State, Territory, or the District of Columbia, or to a foreign country, a barrel containing fruits or

vegetables or any other dry commodity of less capacity than the standard

barrels defined in the first section of this act, or subdivisions thereof known

as the third, half, and three-quarters barrel, and any person guilty of a wilful

violation of any of the provisions of this act shall be deemed guilty of a misdemeanor and be liable to a fine not to exceed $500, or imprisonment not to ex- ceed six months, in the court of the United States having jurisdiction : Provided, Jiotvevcr, That no barrel shall be deemed below standard within the

meaning of this act when shipped to any foreign country and constructed ac- cording to the specifications or directions of the foreign purchaser if not con- structed in conflict with the laws of the foreign country to which the same is intended to be shipped.

The violation then consists in the sale, or the offering, or exposing

for sale anywhere, or in the shipping from one State to another or
182 BUREAU OF STANDARDS.

to a foreign country of a barrel or subdivision that is less than

standard size as specified by the law. It is unnecessary to make the

shipment from one part of a State to another part of the same State

unlawful since this shipment will usually include a sale within that

State and thus the transaction otherwise come within the prohibition.

The violation of the act must be a " wilful " one, or the penalty

does not apply. This word was added in the final debate before

the bill was passed hj the House of Representatives, and it con- siderabty weakens the force of the law by providing a shield behind

which an offender can take refuge if accused. We do not intend to

state that any violation not resulting from fraud or from criminal

negligence should be proceeded against in any case, but the inclusion

of the word furnishes a loophole by which even guilty offenders can

avoid the legal consequences of their acts. The meaning of the word " wilful " in a statute has been judicially

interpreted a very great number of times, and we have, therefore, a large number of definitions and explanations of the word differing

slightly from one another. Several of these will be given here to

aid the reader in determining the legal force and effect of the word

as interpreted by the courts.

To do an act forbidden by law without reasonable belief that it is lawful, is to do the act " wilfully."

The phrase " wilful violation of law " means a violation thereof knowingly

and deliberately committed. (Catlett v. Young, 32 N. E., 447.)

A person who deliberately does an act which he knows to be unlawful or wrongful, is generally held to have done it wilfully. * * * To authorize a conviction under a penal statute prescribing a punishment for

wilfully removing an official seal from property which has been sealed up by

officers of the customs, it must appear that the defendant not only intended

to remove the seal, but that he had at the time a knowledge of its character.

One who removes such a seal in ignorance of its character, and in the honest

execution of a supposed duty in the care and transportation of the property,

is not liable to the punishment under the statute, for the reason he can not be

deemed to have acted wilfully. (U. S. v. Three Railroad Cars. (U. S.) 28

Fed. Gas. 144, 146.)

In proving a crime at law the prosecutor must prove every element

of the crime before the defendant is put on his defense, for before

every element is proved the crime is not shown to have been committed. Here the willfulness of the violation is one of the elements

of the crime. Therefore, in order to make out a good case one must

be prepared to prove acts that constitute a violation of the provisions

of the law, and further to prove that these acts were done with an

intent to violate its provisions.

The defense in a large number of cases will undoubtedly be that the

violation was not willful, on account of the fact that (a) the defendant did not know of or did not understand the law; (b) that he

did not know that the particular barrels employed were below

standard.

The first step should therefore be publicity for the law itself, especially publicity that will bring home in unmistakable manner the

fact of knowledge in individual cases. This can be brought about

by bringing the law to the notice of the shipper and seller individually

by word of mouth or by letter. And memorandums of conversations

and carbon copies of letters should be made and retained for use

as evidence or to refresh the memory for verbal testimony as to the

facts if prosecutions become necessary.
TEIiTTH ANNUAL CONFEKENCE ON WEIGHTS AND MEASURES, 183

The proof of the knowledge that the particular barrels used were

below standard is a still more difficult proposition. If it can be proved

that the barrels were ordered to be short by one who would have no

other use for barrels than to pack commodities mentioned in the law,

and that they were then used to iDack these commodities for sale or shipment, such proof would seem reasonably to establish the guilty

intent. Such proof would probabl}' be very difficult to obtain. If it can be proved that the shipper or seller had been personally warned

that a certain lot of barrels were short and they were thereafter used

in the shipment or sale of commodities to which the law applies, this

would seem to be very strong evidence of the fact of guilty knowledge,

and this kind of evidence will probablj'' be most often used.

In order to assist manufacturers of and dealers in barrels, and

packers, shippers, and dealers of dry commodities in barrels, and to

determine whether or not violations exist and to prepare evidence in

cases where prosecution is necessary, it is very evident that the official

must be able to determine quickly and accurately whether any barrel

is or is not a standard barrel as defined by law. In some cases this can be done by determining dimensions only, but in the majority of

cases the actual cubical contents of the barrel must be calculated. We

are concerned then with the method by which this is done.

The dimensions of the standard barrel for fruits, vegetables, and

produce, when m.easured without distention of its parts, are specified as follows: Length of stave, 28^ inches; diameter of heads, 17^- inches ; distance between heads, 26 inches ; circumference of bulge, 64

inches, outside measurement; thickness of staves, not greater than

1*0 inch.

The first of these dimensions is to be taken with a steel tape laid

flat along the outside of the barrel from top to bottom.

The second is to be measured along the center board of those composing the head and should be the greatest length of this board at any

point. It may also be measured on the barrel at the chime and

should include the depth of the chime on each side. (The chime is the ring cut into the ends of the staves at top and bottom to receive

the head.)

The distance between heads is to be measured vertically through the

barrel from inside to inside of the chime ring, or from the inside

of one of the heads to the inside of the chime ring on the other end.

The fourth of these dimensions is to be measured with a steel tape

around the outside circumference of the barrel at the point of greatest

bulge.

The fifth should be taken with a flat steel rule, divided into tenths

of an inch, and at the point of greatest thickness of the staves or usually at the point of greatest bulge. In taking this measurement

the rule can be thrust through one of the interstices of the barrel.

If, when found, all the dimensions are correct or if none are less

than those specified, the barrel complies with the law.

If, when found, all of these dimensions are less than those required,

the barrel is of less capacity than standard. The same may be said

when none are too great and one or more considerably less than those

given. But when one or more are somewhat greater and another or

others somewhat less than those specified in the law, or when the

barrel is palpably of a different shape than that specified, it is not
184 BUREAU OF STANDARDS.

necessarily in violation of the law, on account of the proviso which

follows the dimensions given above and which reads as follows:

Provided, That any barrel of a different form having a capacity of seven thousand and fifty-six cubic inches shall be a standard barrel. In these cases the capacity of the barrel must be computed from

the dimensions determined, and the result compared with the standard capacit}', 7,056 cubic inches, to determine its accuracy.

The formula for computing the capacity of a barrel is

Capacity =r =0.785AL{Du + 0My.

Where L = distance between heads.

Dn = head diameter.

d = (Bulge diameter — Head diameter) = (Db — Da)

From the measurements determined as aboA'e described, we already

have the quantities L and D-a. We must determine c?, which is stated

as being equal to the bulge diameter —the head diameter. Therefore, the first determination must be the bulge diameter {Db)-

We already know the bulge circumference outside, and from this

we find the outside bulge diameter by the use of the formula,

diameter = ^ r. o.l41o

where (7=the circumference.

The diameter here determined is the diameter from outside to

outside of staves, while Z*b required is the inside diameter. Therefore, from the diameter thus determined subtract twice, the thick- ness of the staves and the result is the inside bulge diameter {Db)-

Now subtract from this quantity the head diameter (Z>h), which is already known. The result is d, which was the only unknown quantity in the above equation. Having all the quantities, they should

be substituted and the equation solved.

For illustration, we may solve the equation, using the dimensions

given in the law for the standard barrel.

First. Find the outside bulge diameter from the formula,

diameter = ^ -.^i d.141d

6'=64 inches (given in law).

64-^3.1416=20.372.

Second. Find the inside bulge diameter {Db) by subtracting from

the above twice the thickness of the staves.

Thickness of stave=0.4 inch (given in law).

Twice thickness of stave=0.8 inch.

Z»B=20.372-0.8=:19.o72.

Third. Find d, which equals {D-q), (determined above), minus Z>h

(17.125, given in law).

(^=19.572— 17.125=2.447.

We now know the value of all the quantities mentioned in the

equation.

F=0.7854 L (Z>H+0.6 d) ^ as follows

Z=26 inches (given in law).

Z?H=17.125 (given in law).

d—2A4:7 (determined above).
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 185

Fourth. Substitute these values in equation; we then have:

F=0.7854X26 [17.125+ (0.6X2.447) j^.

=20.420X (17.125+1.468)?.

=20.420X-(18.593)^

=20.420X345.7.

=7059.2 cubic inches.

The capacity as stated in the law differs from the capacity as determined from the dimensions given in the law by about 3 cubic

inches on 7056 cubic inches, or 0.04 of 1 per cent.

In this way the capacity of any barrel of this form may be determined when the dimensions are known or can be determined.

As mentioned heretofore, prosecutions for offenses may be begun

upon complaint of State and local officials enforcing weights and

measures laws. This does not mean, however, that this is the only

way that they can be inaugurated. This specific provision was

included in order that this power might affirmatively appear in the

act itself. The exact scope of the power was discussed by Mr. A. L.

Thurman, Solicitor of the Department of Commerce, in a written

opinion on this bill. We quote the question referred to Mr. Thurman and his answer, as follows:

The opinion of this office has been requested as to whether * * * the

provision that prosecutions for offenses may be begun upon complaint of local sealer of weights and measures or from offices of the Stated * * * (will)

prevent action being started by anyone else. * * * By section 771, Revised Statutes, Congress has provided that

" It shall be the duty of every district attorney to prosecute in his district

all delinquents for crimes and offenses cognizable under the authority of the

United States, and all civil actions in which the United States are concerned."

* * * The authority conferred upon the local sealers of weights and measures, or

other officers of the States, to institute proceedings under the proposed act is, in the absence of explicit language to the contrary, plainly to be regarded as supplemental to rather than exclusive of the authority vested in the various

United States district attorneys by the above statute.

It appears from the above that the power to commence a prosecution is not vested solely in the hands of State and local officials of

weights and measures. But we seek your hearty cooperation in the

enforcement of this act. It is a matter which concerns your administration very closely. It is an excellent piece of legislation and one

which will do much to promote uniformity, to standardize trade, and

eliminate fraudulent practices in the purchase and sale of a very

important class of commodities. It will do much, consequently, to

protect both your merchants and consumers. Were the United States

Government to attempt the entire enforcement it would require a

large appropriation and would to some extent limit your powers as weights and measures officials. But to enforce the act in the manner

proposed will render large appropriations unnecessary and will ex- pand the functions of your offices to a considerable degree.

We bespeak your sincere cooperation therefore, and to that end

we suggest that you become familiar with the legislation and with the

rules and regulations which will shortly be issued by this bureau.

We invite correspondence and questions as to any provisions which

are not perfectly clear and as to the best method of enforcement to

be employed. We request that you investigate conditions in your

jurisdiction and give publicity as to the provisions of the act among
186 BUREAU OF STANDAEDS.

those who will be affected thereby. And when the law actually goes

into effect from and after the 1st day of July, 1916, we hope that you

will proceed to see that all willful violations are brought to the notice

of the proper authorities and appropriate proceedings commenced.

The Chairman. Is there any more business to come before the

meeting ? Mr. E0Y1.ANCE. Mr. Chairman, I wou:ld like to present for the consideration and the adoption or disappropal of this conference the

bill read by myself on 3^esterday.

The Chairman. Is there any objection to this?

Mr. Farrell. I move you that it be referred to the legislative committee.

The Chairman. You have heard the motion that it be referred to

the legislative committee.

(The motion was seconded and agreed to.)

Mr. HowEii.. In view of the complaints that have been filed by the

manufactui'ers, and the feeling on the part of many of us that the

recommended specifications and tolerances are not now in such shape

that we can safely adopt and enforce them, I move you that a new

committee of five be appointed by vote of the conference, such committee to consist of at least two State superintendents of weights and

measures and at least two active sealers of weights and measures,

such committeos to review all of the recommendations to date, con- duct personal tests and investigations, confer with merchants, manufacturers, and others, and report at the 1916 conference.

(The motion was seconded.)

Mr. Goodwin. I move you, sir, that the motion be laid upon the

table.

(The last motion was duly seconded.)

The Chairman. You have heard the proposition to lay this matter upon the table.

(The motion to lay on the table was agreed to.)

The Chairman. We will now listen to the report of the resolutions

committee, Mr. Johnson, chairman.

REPOaT OF COMMITTEE ON RESOLUTIONS, PRESENTED BY CHARLES G. JOHNSON.

I will read the resolutions presented:

Resolved, That it is tlie sense of tliis convention that the various States of

the United States, through properly authorized officials or representatives, shall

endeavor to procure uniform legislation by agreement or otherwise between the

States on all matters pertaining to the subject of weights and measures, and

be it further resolved in this connection that State representatives of weights

and measures or members of the legislatures of the various States adopt such means to bring about uniformity of rules, regulations, tolerances, and speciflcations between the States. Mr. Egan. I move the adoption of the resolution.

(The motion was seconded and agreed to.)

Mr. Johnson (reading)

Resolved, That the Eleventh Annual Conference on the Weights and Measures of the United States shall be held in the city of New York in the year

1916, and that the executive committee of this association be authorized to

select the time of year and the headquarters for the holding of said conference.

The Chairman. You have heard this resolution. Is there a motion ?
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 187

Mr. Farkell. I move its adoption.

(The motion was seconded and defeated.)

Mr. Johnson (reading) :

Resolved, That the Tenth Annual Conference on the Weights and Measures

of the United States held in Wasliington, D. C, ordain that there be established a national board of examiners to be composed of five members of the

National Association of Weights and Measures officials of the United States,

and that the duties and responsibilities of this board shall be as follows

First. Supervision and control over tiie general subjects of weights and

measures with a view of securing a more ready response from weights and

measures officials in the United States of America for the adoption of uniform

specifications and tolerances.

Second. To receive suggestions and recommendations from weights and

measures officials upon which rules and regulations shall be adopted. The

decision reached by said board of examiners to be recommended to weights

and measures officials of United States as their guide for the creation of uniform regulations, rules, tolerances, and specifications.

Third. That the board of examiners shall hold office for a time not exceeding three years, and that they shall make such rules and regulations for the con- duct of their duties providing same are approved by the conference of the

National Association of Weights and Measures Officials of the United States. Be it further resolved. That the method of selecting the members of the

board of examiners shall be through a nominating committee of the conference, such recommendations to be voted on by the conference, a majority vote being necessary for a choice ; and

Be it further resolved. That on said board of examiners not more than one member or employee of the Bureau of Standards or any of its subdivisions of

the Federal Department of Commerce shall be entitled to membership thereon.

A Delegate. I move that the resolution be adopted.

(The motion was duly seconded and defeated.)

Mr. Johnson (reading) :

Resolved, That at the Eleventh National Conference on Weights and Measures that privilege be extended to practical scale experts to present papers or

lectures. Mr. Sherman. Do I understand that means to include manufacturers, or simply weighing experts in the employ of corporations that

are using scales ? Mr. Johnson. The intention of the resolution, no doubt, is to

have the conference get the benefit of the experience of practical

scale men.

The Chairman. I interpret that to mean scale experts. That

ought to be clear before you vote upon this.

Mr. HoLBRooK. Does that mean papers put upon the program by

the executive committee, or does it mean anything they wish to present

Mr. Johnson. I might read the next resolution which touches on

the same subject.

Resolved, That representatives of the American Scale Men's Association be

invited to attend the Eleventh National Conference on Weiglits and Measures,

and that they be given the privilege of reading a paper on the practical use and

testing of railroad track scales. Mr. HoLBRooK. Is not that a suggestion to the executive committee

which plans the program ? Mr. Farrell. No. It is a direction to it. The Chairman. Unless there is objection, we will consider the first

resolution.

Mr. Eeichmann. Mr. Chairman, I do not think either one of these

is the particular resolution I handed to Mr. Johnson. There are
188 BUREAU OF STANDARDS.

two scale associations, one with a membership of about 120, and then

there is a raih'oad weighmen's association, which has a membership

of about 90. Those are all practical scale men, and I gave Mr. Johnson a resolution that they be invited to attend the conference and

also that a day be set aside at the next conference, one-half of which

was to be given to the representatives of manufacturers and the

other half to these two associations to read papers. I think one reso- Kition will embody all of this.

The Chairman. The disposition of the conference ought always

to be to get at all sides of a question, and I, for one, speaking solely as a member of the conference, would welcome the setting aside of a day to listen to the papers of scale experts. In fact, the executive

committee has heretofore placed such papers on the program. I

think we ought also to listen, for a certain length of time, to the

statements of manufacturers. This is a point which is often brought

up at the Bureau of Standards. We handle a great many technical

subjects and we never think of having a talk on any of these subjects

that we do not bring together the scientific men, the manufacturers,

and the users. We will never get the best results until all three are brought together. I want to see the organization limited to your

own interest, but at the same time you ought to always be open to

what the manufacturers and the experts have to say. It will be

entirely in order for this conference to instruct the executive committee as to its wishes.

It appears to me that the true meaning of the two resolutions just

read is that it is the sense of this conference that these two interests

should have a place upon our program and that the executive committee assign the place. Is that a correct statement of them ? Mr. Johnson. I believe your explanation is the true sense of these

resolutions and move that it be adopted.

(The motion was seconded and agreed to.)

Mr. Johnson. The next resolution is as follows

Resolved, That the Tenth Annual Conference of Weights and Measures

Officials do hereby extend a vote of thanks to the Secretary of Commerce, Hon.

William C. Redfield, and the secretary is hereby instructed to prepare in

proper form and typewrite a copy of the same to be sent to the Hon. William

C. Redfield.

(The motion was seconded and agreed to.)

Mr. Johnson (reading) :

Resolved, That the Tenth Annual Conference of Weights and Measures

Officials do hereby gratefully acknowledge by a vote of thanks their sincere

appreciation of the good and generous favors made possible by the untiring

efforts of Dr. S. W. Stratton and the members of the Bureau of Standards.

(The motion was seconded and agreed to.)

The Chairman. Gentlemen, I can assure you we appreciate that,

and I want your connection with the bureau to continue with this

conference, and I want to announce that any sealer, State, city, or

county, will always be welcome at the bureau for so long a time as he wants to stay, and the weights and measures department will

always be open to you.

I want to say to the sealers who may have in their charge other

matters than the ordinary weights and measures will always find

a welcome at the bureau in those particular sections that can help

them out in that line. I believe the time is coming when you can use
TEKTH ANNUAL CONFEBENCE ON WEIGHTS AND MEASUKES. 189

the bureau very much more than you do to-day. That is the aim of

the bureau, to make it useful.

Mr. Johnson (reading)

Resolved, That the Tenth Annual Conference of Weights and Measures Offi- cials do hereby extend a vote of thanks to Mr. Warren M. Mitchell for his dili- gent and generous services as reporter for the conference.

Mr. Faerell. I move the adoption of the resolution.

(The motion was seconded and agreed to.)

Mr. Fakeell. Since the passage of the resolution requesting uniformity among the States, I wish to announce that the States of New

York and Pennsylvania have made a tentative agreement to get to- gether in order to make the regulations and specifications in regard

to New York and Pennsylvania as uniform as is possible.

The Secretary. Mr. Chairman, I have a resolution handed to me

by Mr. Albrecht, of Ohio, signed by Mr. Kichardson, of Virginia,

and by Mr. Albrecht, which reads as follows

Whereas the courts of the State of Ohio have pronounced unconstitutional a

bill passed by the general assembly of that State, including and having as one of its provisions the gist of a resolution adopted by the National Association of State Superintendents of Weights and Measures at its eighth annual

conference, making weight and numerical count the only basis on which

certain dry commodities may be sold ; and

Whereas our Congress has so far failed to enact a weight and numerical count

law applicable to all States, Districts, and Territories of the United States,

and which, in our judgment, would be beneficial both to the seller and buyer,

and establish the primary object of the formation of this association, namely,

uniformity and the abolition of the dual system in weighing and measuring,

etc. : Now, therefore, be it Resolved, That this conference reaffirm its approval of the resolution adopted

by the eighth annual conference, and that there be added, after the word " count,"

the words " unless otherwise agreed in writing by the mutual consent of a buyer

and a seller," and that our National Legislature be petitioned by this conference, as a body, to enact laws legalizing sales by weight, numerical count, or

special written agreement, and to establish the uniform standard of dimension of all wet and dry measures, such petition being authorized by majority

vote of this conference, and to be signed for the conference by its chairman and

secretary, and that each State superintendent of every State and every other

weight and measure official who is interested in a uniform system of weights

and measures is requested to ask his Representative in Congress to support

the measure. Mr. RoYLANCE. I was going to move the adoption of that resolution. That is what the commercial people of the United States want,

and we will do what we can to put it through Congress.

(The motion was seconded and agreed to.)

LEGISLATION: ADDITION OF SECTION TO MODEL LAW KEftTJIIlING SALE

OF DEY COMMODITIES BY WEIGHT, ETC.

The Secretary. There is one number on the program which was

omitted, and that is to add a section to the model law adopted by the

eighth annual conference to compel the sale of dry commodities by

weight or by numerical count only, and to eliminate dry measures. The section I have here, as drawn, does not include the special agreement clause which Mr. Albrecht has put in this resolution. I might

ask if the conference desires to take up that matter, inasmuch as the

model law, which is introduced in the various States, does not contain that provision at this time, and it seems to be the sense of this

conference that that provision is a proper and just one.
190 BUREAU OF STANDAEDS.

Mr. Eeichmann. I move that the secretary change the section prepared to conform to that motion.

(The motion was seconded.)

Mr. Albreciit. Mr. Chairman, I would like to state the reason that

that clause was put in there, was that the courts held that it was

taking away a right of contract; that a man could not go out and

sell an orchard of apples or could not sell a load of corn, for he

would have to either sell it by weight or by measure, and therefore

we had that agreement in writing inserted in that bill, so that men

could meet each other otherwise than on a basis of weight or measure. The courts have ruled very strongly on that.

The Secretary. The motion is to have the secretary of the con- ference amend the section proposed for the model law by adding a few words to it, but the section as proposed for the model law has

not yet been read.

Mr. Eeichmann. The secretary stated that the proposed amendment to the model law correctly covered what was just passed by this

conference in the resolution introduced by Mr. Albrecht and Mr.

Eichardson. My motion was that the secretary be instructed to

frame that amendment to the model law to conform to that resolution.

The Chairman. That was my understanding. All those in favor

say aye, contrary no. (The motion was agreed to.)

REPORT OF THE COMMITTEE ON NOMINATIONS, PRESENTED BY F. P. DOWNING.

The nominating committee wish to propose the following names:

Dr. S. W. Strattoii, Bureau of Stand- L. A. Fischer, Bureau of Standards,

ards, president. secretary.

William L. Waldron, New Jersey, vice J. T. Willett, Indiana, treasurer.

president.

EXECUTIVE COMMITTEE.

S. W. Stratton, Bureau of Standards.

L. A. Fischer, Bureau of Standards.

John F. Farrell, New York.

Thure Hanson, Massachusetts.

J. W. Richardson, Virginia.

Charles G. Johnson, California.

Burr B. Lincoln, Michigan.

T. F. Egan, Connecticut.

F. C. Albrecht, Ohio.

Joseph Hartigan, New York City.

W. F. Cluett, Chicago.

E. W. Van Duyn, Iowa.

James Sweeney, Pennsylvania.

I. M. Howell, Washington.

ELECTION OF OFFICERS.

Mr. Eeichmann. I move that the secretary be instructed to cast one ballot for the election of officers as proposed by the chairman of

the nominating committee.

(The motion was seconded and agreed to.)

The Secretary. The secretary casts the ballot for the nominees, as

instructed, and declares them elected.

Mr. Hartigan. I presume the committee on resolutions overlooked one resolution which I wish now to make, and that is to tender the

thanks of this conference to Dr. S. W. Stratton for his uniform

courtesy, fairness, and justness as the presiding officer of this con- ference during the last four days.
TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES. 191

(The motion was seconded and agreed to.)

Mr. Hartigan. I move that the conference extend its thanks to

Mr. F. S. Holbrook for acting as secretary of this conference in the

absence of Mr. L. A. Fischer.

(The motion was seconded and agreed to.)

The Chairman. I want to say the success of the meeting has been

due largely to Mr. Holbrook and his associates and Mr. Sherman.

I think I have been given a great deal more credit than I deserve in

this matter. The members of the bureau and I appreciate very much

the confidence you have reposed in us. Mr. Richardson. I do not want New York State to get entirely

ahead of us and I desire to extend an invitation to the conference to

hold their next meeting in the city of Richmond.

Mr. Reichmann. I move you that we thank Mr. Richardson for

the kind invitation.

(The motion was seconded and agreed to.)

Mr. Griffin. Mr. Chairman, I want to say that while we have no

State organization in Missouri, Mr. Dyer and I represent St. Louis,

and we feel that we have gained a lot of knowledge, and we will

comply with your request to organize the State of Missouri when we

go back. We hope to be able to bring our director of public safety

here at the next conference.

The Chairsian. The last speaker has mentioned something we

have overlooked. The bureau is seriously taking up the work of

organization of the States. In the States where they are not doing

anything we send a test car and send people out to do everything

they can in order to get them interested. I call the attention of the

members of the conference to the importance of this work, and

wherever you come in contact with the officials of a State who are not doing anything stir them up all you can. You can do a great

deal to assist in this matter.

REPORT OF ENTERTAINMENT COMMITTEE, PRESENTED BY JOHN H.

SHERMAN.

Mr. Sherman. Mr. Chairman, before we adjourn, there is a report

to make which I will now read

BEPOET TO THE TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES OF THE

UNITED STATES.

Receipts of shad bake : 111 tickets, at $2.50 eacli $277. 50

Expenditures

Pood $136.25

Train 100. 00

Waiters' tips 8. 25

Balls, bats, and prizes 6. 30

Printing 2. 00

Phone calls, extra car fares, messenger service, and tips 1. 35

254. 15

Balance to treasury 23.35

(Signed) J. H. Sherman.

Mr. Waldron. Mr. Chairman, I move the adoption of the report,

(The motion was seconded and agreed to.)

Mr. Sharp. I move you, Mr. Chairman, that we adjourn.

(The motion was seconded and agreed to, and the conference, at

12.45 o'clock p. m., adjourned.)

APPENDIXES.

APPENDIX 1.—TOLERANCES AND SPECIFICATIONS FOR

WEIGHTS AND MEASURES AND WEIGHING AND MEASURING DEVICES.

I. APPLICATION OF TOIERANCES AND SPECIFICATIONS.

These tolerances and specifications are to be construed to apply to

the usual types of weights and measures and weighing and measuring

devices used in ordinary commercial transactions or usually coming

within the jurisdiction of the weights and measures official, but only

when a proper classification is herein provided for them. They shall

also be construed to apply to apparatus used for special purposes,

whenever and in so far as they are clearly applicable, but not otherwise.

II. CIASSIFICATION OF SPECIFICATIONS.

The following specifications on weights and measures and weighing and measuring devices shall be divided into two sets, the first to

be retroactive and to apply to all apparatus immediately upon adoption of the specifications, the second to apply only to new apparatus.

For the purpose of administration the following classes of apparatus are established.

Class 1. Weights and measures and weighing and m^easuring devices which, after the promulgation of these specifications, are manufactured in the State or brought into the State.

Class 2. Weights and measures and weighing and measuring devices which are in the State at the time of promulgation of these

specifications, either in use, or in the stock of manufactui'ers of, or

dealers in, such apparatus.

All the specifications shall apply to apparatus of class 1. The specifications printed in italics shall not apply to apparatus

of class 2, and therefore shall not be retroactive.

III. IINEAE, MEASURES.

Specifications.—1. Measures of length shall be made of a material,

the form and dimensions of which remain reasonably permanent

under normal conditions—for example, steel, brass, hardwood, etc.

Provided, however. That tapes for commercial purposes may be made

of cloth, but only when this is wire-woven, and when by this means

an actual and sufficient reinforcement and permanency is obtained.

2. The ends of measures of length made of wood, or of other nonmetallic material liable to wear away through use, shall he protected

hy some metal not softer than brass, firmly attached to the measure.

3. Rigid measures of length shall be smooth and straight.

4. Folding measures of length shall be so constructed that each

section will come to a definite stop when straightened out. 24309°—16 13 193
194 BUEEAU OF STANDARDS.

5. Measures of length shall be graduated in units of the customary

system and its usual subdivisions.

6. All graduations shall be clear and distinct and the main graduations shall be plainly designated. The length of these main graduations shall be greater than that of the intermediate graduations, and

the latter shall be varied in length in such a way that they may be

conveniently read.

7. Graduations shall not l>e greater in width than one-quarter of

the width of the smallest subdivision: Provided, however, That if

line graduations are employed, their width shall not exceed 0.03 inch;

if raised graduations are employed, their width shall not exceed

0.12 inch at their widest point.

8. All graduations shall be uniformly spaced and be perpendicular

to the edge of the measure.

9. Measures of length, so called, defined by tacks driven into a

counter, or in any similar way, shall not be allowed.

Tolerances.—The tolerances to be allowed in excess or deficiency on

all measures of length except tapes of steel or other metal shall not

be greater than the following values: Provided, however. That the

manufacturers' tolerances or the tolerances to be allowed on all new

measures of length, except tapes of steel or other metal, shall not be

greater than one-half of the values given.

Length. Tolerance.

Feet. Inch. 6 3/16

5 5/32

4 1/8

3 3/32

2 1/16

1 1/32

1/2'. ... 1/64

1 Or less.

The tolerances to be allowed in excess or deficiency on all tapes of

steel or other metal shall not be greater than the following values:

Length. Tolerance. Tension.

Feet. Inch. Pounds. 100 1/4 10

66 3/16 10

50 1/8 10

33 3/32 10

25 1/16 10

10 1/16 5

6 1/32 5

3 1/32 5
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 195

IV. LiaUID CAPACITY MEASURES (NOT INCLUDING GRADUATED

GLASSWARE).

Specifications.—1. Liquid measures shall be made of metal, glass,

earthenware, enameled ware, composition, or similar and suitable

material, and shall be of sufficient strength and rigidity to withstand

ordinary usage without becoming bent, indented, distorted, or otherwise damaged.

2. Liquid measures of the customary system shall be of one of the

following capacities only : One gallon, a multiple of the gallon, or a binary submultiple of the gallon; that is, a measure obtained by

dividing the gallon by the number 2 or by a power of the number 2

Provided, however. That nothing in this specification shall be construed to prevent the use of forms for ice cream, exclusively, in

5-pint and 3-pint sizes, or bottles for milk or cream in the 3-pint size.

3. Liquid measures shall be so constructed that the capacity is

determined by a definite edge, plate, bar, or wire at or near the top

of the measure. When one of the last three forms is employed the

capacity shall be determined to the lowest point of such plate, bar,

or wire.

4. No subdivided liquid measures shall be allowed, and the only

reinforcing rings which may be used are those which are firmly

attached to the outside of the measure and do not, by indentations or

in any other manner, show divisions or lines on the inside surface

of the measure.

5. The capacity of the measure shall he consjncvously^ legibly, and

permanently indicated on the side of the measure. This shall he in

combination with the word Liquid''^ or the letters Liq'''' in the

case of measures in which the word " quart " or " pint " occurs. In

the case of measures made of earthenware, enameled ware, or composition, this marking shall he of a different color than the m^easure.

6. If a liquid measure is provided with a tap or spigot, the construction shall be such that the measure may be completely emptied

by the tap or spigot while it is standing upon a level surface.

7. When a lip or rim, designed both to facilitate pouring and to

receive any overflow, is provided, the measure must be so constructed

as to hold its full capacity exclusive of the lip or rim, while it is

standing upon a level surface.

Tolerances.—The tolerances to be allowed in excess and in deficiency

on all liquid capacity measures shall not be greater than the following values: Provided, however, That the manufacturers' tolerances or the tolerances to be allowed on all new liquid capacity measures

shall not be greater than one-half of the values given.
196 BUREAU OF STANDAEDS.

Capacity of measure.

Tolerance.

In excess. In deficiency.

Liquid ounces. Cubic inches. Liquid ounces. Cubic Inches. 10 gallons 10 18.0 5.0 9.0

6 11.0 3.0 5.4

4 gallons 4 7.0 2.0 3.6

3 gallons 4 7.0 2.0 3.6

2 gallons 2

Drams.

1 gallon 1. 1.8 4.0 .9

Drams.

1/2 gallon 6 1.4 3.0 .7

1 quart 4 .9 2.0 .5

1 pint 3 .7 1.5 .3

1/2 pint 2 .4 1.0 .2

1 gill 2 .4 1.0 .2

MEASURING PTTUFS.

Specifications.1. When a measuring pump is provided with adjustable stops, the construction shall he such that each stop can he

separately sealed in such a manner that its position can not he

changed without destroying the seal.

2. When a measuring device is provided with a graduated or notched scale to indicate the amount to he delivered, this scale shall

he riveted or otherwise permanently fixed in position.

3. The amounts delivered shall not vary by more than the tolerance

allowed, irrespective of the speed with which the pump is operated

and of the time elapsing between operations.

Tolerances.—The tolerances to be allowed in excess and in deficiency

shall not be greater than the values given for the liquid measure of

corresponding capacity and kind in the preceding tolerance table for

liquid measures. MILK BOTTLES.

Specifications.—1. Bottles used for the sale of milk or cream shall

be made only in sizes heretofore specified under the heading " Liquid

Capacity Measures."

2. Each bottle shall have its capacity clearly blown or otherwise

clearly and permanently marked in or on the side of the bottle, andj

in or on the side or bottom the name, initials, or trade-mark of the

manufacturer thereof.

3. Glass bottles with an inside diameter of not over 2 inches immediately below the cap-seat or stopple shall hold the correct capacity

when filled within one-fourth inch of this cap-seat or stopple; bottles with an inside diameter of over this amount immediately below

the cap-seat or stopple shall hold the correct capacity when filled to

within one-eighth inch of this cap-seat or stopple : Provided, however,

That when bottles are used for the purpose of pasteurizing milk or cream in the bottle, a larger distance shall be allowed below the capseat or stopple, but this distance shall not exceed that given in the
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 197

table below. Such bottles shall be provided with a clearly defined line

blown or otherwise clearly and permanently marked in or on the bottle, and extending at least half-way around it, which indicates the

correct capacity. The words "For milk pasteurized in the bottle

only " or a similar wording shall be clearly blown or otherwise clearly

and permanently marked in or on the side of the bottle ; and directly

over, below, or beside the line mentioned above, the words, " Fill to

this line." Such bottles shall be used only when the milk or cream

is pasteurized in the bottle.

Capacity of bottle. Maximum

distance

allowable.

Inches. 2 quarts 2

3 pints IH

1 quart

1 pint 1

1/2 pint 5/8

1 gill 5/8

Tolerances.—The tolerances to be allowed in excess or deficiency on

individual bottles, and on the average capacity of bottles, shall not

be greater than the values shown in the following table. The error on the average capacity of bottles shall be determined by finding the

error on each of not less than 25 bottles selected at random from at

least four times the number tested, and taking the algebraic mean of

these errors.

Note.—To find the algebraic mean of a number of errors, first add all those

errors which are in excess; then add all those errors which are in deficiency;

then subtract the smaller sum from the larger; and finally divide this result

by the total number of bottles tested.

Capacity of bottle.

Tolerance on individual

bottles. Tolerance on average

capacity.

Drams. Cubic

inches. Drams. Cubic

inches.

1/2 gallon 6 1.4 1.5 0. 35

3 pints 5 1.2 1. 25 .29

1 quart 4 .9 1.0 .23

1 pin t 3 .7 .75 .17

1/2 pint 2 .5 .5 .12

Igill 2 .5 .5 .12

V. DRY CAPACITY MEASURES.

Specifications.—1. Dry capacity measures, and baskets used as dry

measures, shall be made of metal, well-dried wood, or composition, or

similar and suitable material, and shall be of sufficient strength and
198 BUREAU OF STANDARDS.

rigidity to withstand ordinary usage without becoming materially

warped, bent, dented, distorted, or otherwise damaged.

2. Dry measures, and baskets used as dry measures, when such are allowed by the other specifications, shall be of one of the following

capacities only : One bushel, a multiple of the bushel, or a binary submultiple of the bushel; that is, a measure obtained by dividing

the bushel by the number 2 or by a power of the number 2. 3. The capacity of all dry measures^ and haskets used as dry measures, shall he conspicuously, legibly, and permanently indicated on

the side of the measure. This shall he in comhination with the word

" dry " in the case of measures in which the word " quart " or " pint "

occurs. The letters shall he at least one-half inch high and one- quarter inch wide on measures having a capacity of 1 peek or less,

and at least 1 inch high and one-half inch wide on those having a

capacity of one-half bushel or more.

4. Ail dry measures having a capacity of one-half bushel or less

shall be cylindrical or conical in shape. If of the latter shape, the

top diameter shall be greater than the bottom diameter, but never by an amount exceeding 10 per cent of the latter. In no case shall the

bottom diameter exceed the top diameter.

5. The bottoms of all dry measures shall he perpendicular to the

axis of the m^easure and shall he fat, or when made of metal, rrmy be

slightly corrugated when such corrugations aid in strengthening the measure. Such corrugations, when employed, shall he parallel or

radial straight lines only.

6. Wooden dry measures having a capacity of more than 1 pint

shall have a metal band firmly attached around the top.

7. Dry measures, and haskets used as dry measures, having a

capacity of 1 bushel or more shall be equipped with handles.

8. Baskets shall not be used as dry measures when having a capacity of less than one-half bushel.

9. Dry measures, and baskets used as dry measures, shall be of

such construction that the capacity is determined by the top rim of

the measure, and no subdivided measures or baskets shall be allowed.

10. Dry measures shall not be double-ended; that is, have the

bottom set part way up into the measure so that both ends may be

utilized as measures, either of the same or of different capacities.

11. Di-y measures, and baskets used as dry measures, shall not

have adjustable or movable bottoms.

12. The minimum diameters of dry measures of various capacities

shall conform to the following table

Capacity of measure. Minimum

diameter.

Inches. 1/2 bushel 13^

1 peck 10%

1/2 peck 8K

2 quarts

1 quart 5,3^

1 pint 4
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 199

Tolerances.—The tolerances to be allowed in excess and in deficiency

on dry capacity measures and baskets used as dry capacity measures

shall not be greater than the following values: Provided, however,

That the manufacturers' tolerances or the tolerances to be allowed on

all new dry capacity measures and baskets used as dry capacity measures shall not be greater than one-half of the values given

Tolerance.

Capacity of measure.

In excess. In defi- ciency.

Cu. in. Cu. in. 1 bushel 50.0 25.0

1/2 bushel 30.0 15.0

1 peck 16.0 8.0

1/2 peck 10.0 5.0

2 quarts 5.0 2.5

1 quart 3.0 1.5

1 pint 2.0 1.0

1/2 pint 1.0 .5

1/4 pint .5 .3

BERRY BASKETS OR BOXES.

Specifications.—1. Baskets or boxes for berries or small fruits, of a capacity of 1 dry quart or less, shall be of one of the following sizes

One quart, 1 pint, or one-half pint, dry measure.

Tolerances.—The tolerances to be allowed in excess or deficiency,

on baskets or boxes for berries or small fruits, constructed of wood,

shall not be greater than the following values

Capacity of basket.

Tolerance.

In excess. In defi- ciency.

1 quart

1 pint

1/2 pint

Cu. in.3

2

1

Cu. in. 1.5

1.0

.5
200 BUEEAU OF STANDABDS.

The tolerances to be allowed in excess or deficiency, on baskets or boxes for berries or small fruits, constructed of pasteboard or fiber,

shall not be greater than the following values

Tolerance.

Capacity of basket. In excess. In defi- ciency.

Cu. in. Cu. in. 1 quart 2.0 1.0

1 pint 1.0 .5

1/2 pint .5 .25

VI. SCALES.

General specifications.—1. The nominal or rated capacity of a scale

is the largest weight indication which can be obtained by the use of

all its reading or recording elements in combination.

When one reading or recording element of the scale is designed

for auxiliary use only, such as a small bar and poise intended for use

in determining weights intermediate between two graduations on the

principal bar of the beam, the weight value of this reading or recording element need not be included in the sum, provided that it does not

exceed 2 per cent of the sum of the weight values of the remaining

reading or recording elements. (Thus, a platform scale with the

principal bar of the beam graduated to 100,000 pounds by 1,000-pound

subdivisions and with an auxiliary bar graduated to 1,000 pounds by

20-pound subdivisions, may be considered as having a nominal

capacity of 100,000 pounds.)

"VMien a scale is designed for use with removable weights and these

are furnished with the scale, the amount which these represent when

used on the scale shall be included in the sum of the weight values of

the reading elements. When the scale is designed for use with re- movable weights, but these are not furnished with the scale, the

•amount which those represent on the scale that are usually furnished

with the scale when weights are included, shall be included in the sum

of the weight values of the reading elements.

2. All scales not equipped with a l>eam or reading face graduated

to the full capacity of the scale^ or those not equipped with a graduated heam or reading face, which, taken in connection with another

graduated heam or heams or with a graduated runner, indicates the

capacity of the scale, shall have the nominal or rated capacity conspicuously, clearly, and permanently marked upon them.

3. All scales shall be of such construction that they will support a load of maximum capacity without undue bending or straining of the

parts.

4. All knife-edges shall be firmly secured to the levers.

5. All knife-edges shall he of hardened and tempered steel. They

shall he sharp and hear throughout the entire length of the parts

designed to he in contact.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 201

6. All hearings shall he smooth and at least as hard as the knifeedges. For scales of more than 5,000 pounds capacity, the hearings

shall he made of hardened and tempered steel. {The term " hearing " used in this paragraph refers to the entire surface which is designed

to he in contact with the edge of a knife-edge or with a point hearing.)

7. When plates of' caps are used to limit the longitudinal motion of a knife-edge, the parts of such plates or caps which are liahle to corm

into contact with the knife-edge shall he smooth and at least as hard

as the knife-edge. The parts of the knife-edge liahle to come into

contact with these plates or caps shall he so formed that the friction

hetween them is reduced to a minimum.

8. If a scale has a nose-iron, the position of this at the time of

installation of the scale shall he clearly and accurately indicated.

9. If the scale has interchangeable or reversible parts, these shall

be so constructed that their interchange or reversal vrill not aflfect the balance or the accuracy of the instrument.

10. No scale shall be equipped with a scoop counterbalanced by a removable poise or weight.

11. When the scale is equipped with a permanently attached device

intended to counterbalance the weight of a removable scoop, this

device shall clearly indicate on the customers' side of the scale

whether the scoop should be on or off the scale.

12. The graduations on all beams shall consist of lines, or notches, or of a combination of these. All lines shall be uniform in spacing

and parallel to each other. All notches shall be evenly cut and the

lines formed by the intersection of the sloping planes of their sides

must be uniform in spacing and parallel to each other. When a combination of lines and notches are employed, the lines must be properly placed with reference to the notches so as to indicate the value

of each notch clearly and correctly.

13. Each main weight graduation on a beam shall be so marked

as to indicate the weight represented by the poise at that point.

14. Shoulders or stops shall be provided on all beams to prevent

the poise traveling and remaining back of the zero graduation.

15. The adjusting material in all poises shall be securely inclosed

and firmly fixed in position. If of lead or other material softer than

brass, it shall not be in contact with the beam.

16. Poises shall be so constructed that no part can be easily detached, and if equipped with a set screw, this shall not be removable.

17. Poises on notched beams shall be provided with a pawl or other

device, so constructed as to cause the poises to be seated into a definite and correct position in each notch, wherever in the notch the

pawl or other device is placed, and to be held there firmly and without appreciable movement.

18. The bearing edge of a hanging poise shall be hard and sharp,

and shall be so formed as to allow the poise to swing freely in the

notches of the beam,

19. Eeading edges or indicators of poises shall be sharply defined,

and all reading edges shall be parallel to the graduations on the

beam.

20. Poises shall not be readily detachable from the beam: Provided, however, That this specification shall not apply to poises on

steelyards unless there is a zero graduation on the beam.
* 202 BUREAU OF STANDARDS.

21. When scales are equipped with a beam, the position or oscillation of which is used to indicate the balance of the scale, the normal

position of this beam shall be horizontal, and it shall have equal play

above and below the normal horizontal position.

22. No scale shall be so constructed that the beam is unstable or

accelerating.

23. Scale pans in which iish or other wet commodities are placed

when weighed shall he so constructed as to provide for drainage.

24. All scales shall be of such construction that they are reasonably

permanent in their adjustment and will repeat their weight indications correctly, and are not designed to or may not be used to

facilitate the perpetration of fraud.

25. All scales shall be in balance.

A scale is in balance, as the term is used herein, when it correctly

gives a weight indication of zero, when there is no load on the platform, plate, pan, or scoop.

A lever scale of the nonautomatic type not having an indicator

and a graduated scale or arc, is in balance when the beam comes to

rest at, or oscillates through approximately equal arcs above and

below, the center of the trig-loop when one is provided ; or a position

midway between other stops when these are provided; or a horizontal position when no trig-loop or other stops are provided.

A scale of the nonautomatic type having an indicator and a graduated scale or arc is in balance when the indicator comes to rest at, or oscillates through progressively smaller arcs about, a definite and

clear zero graduation.

A scale of the automatic type—that is, one having a reading face or dial—is in balance when the indicator comes to rest at a definite

and clear zero graduation.

Sensibility reciprocal.—The term " sensibility reciprocal " hereinafter referred to is defined as the weight required to move the position of equilibrium of the beam, pan, pointer, or other indicating

device of a scale a definite amount, at the capacit}'^ or at any lesser

load, the effect of friction in causing inconstancy of this position of

equilibrium being eliminated.

In scales provided with a beam and trig-loop, the sensibility reciprocal is the weight required to be placed upon the platform to turn

the beam from a horizontal position of equilibrium in the middle of

the trig-loop to a position of equilibrium at the top of the loop, the

effect of friction being eliminated as above. The sensibility reciprocal may be determined by subtracting the weight instead of adding

it, thereby causing the beam to assume a position of equilibrium at

the bottom of the loop; or indirectly, by moving the sliding poise

on the beam the required amoimt in either direction, to obtain the

specified change in the position of equilibrium of the beam; or by

adding or subtracting small weights to or from the counterpoise

until the specified change is obtained, and determining the equivalent

of the small weights used, in terms of weight on the platform.

In the case of equal-arm scales and scales with a single pan or

plate above, or hanging from, the beam, which are not provided with

u pointer moving over a graduated arc or scale, the sensibility re- ciprocal is the amount of weight required on the pan or plate to cause
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 203

it to move from its position of equilibrium, when the scale is in

balance, to a position of equilibrium at the limit of its motion.

In the case of scales provided with a pointer, and a graduated scale or arc over which the pointer vibrates as a convenient means of determining the position of equilibrium, and which does not of itself

directly indicate in terms of weight, the sensibility reciprocal is the

weight required to cause a change in the position of rest of the

pointer equal to one division on the graduated scale or arc. (Examples of these scales are the usual cream-test or butter-fat-test scale

and some forms of the apothecaries' prescription scale.)

The sensibility reciprocal does not apply to reading faces or dials

which indicate directly in terms of weight ; but no such reading face or dial which is purely auxiliary to the scale mechanism—such as

one, for instance, which may or may not be employed in the determination of weight—shall be construed to exempt a scale from the

sensibility reciprocal requirement, when this face or dial is detached.

Note.—The effect of friction on a scale is to make possible a variation of

the load on the pan, plate, or platform without any corresponding change in

the indication. The value of the sensibility reciprocal which is determined

with the effect of friction present will, therefore, be in error by a variable

amount. However, in making tests this error must be neglected.

PLATFORM SCALES.

Definitions.—A platform scale is a scale having a load-receiving

platform carried on multiplying levers which transmit the load to the

beam or other reading element, such platform having four or more

lines of support comprised in bearings which rest directly upon knifeedges in the multiplying levers.

A counter platform scale is a scale of the above type which is es- pecially adapted on account of its compactness, light weight, moderate capacity, and arrangement of parts, for use upon a counter or

table. Within the meaning of this definition, a platform scale is a counter platform scale when it conforms to both of the following:

(1) Its weighing capacity is not more than 400 pounds.

(2) Its beam or other reading element is located at an elevation

sufficiently low in relation to the weighing platform to be accessible

and easily read when the scale is used upon an elevated table or

counter.

Specifications.—1. The foundations of all built-in scales shall be

firm and substantial.

2. Platform scales having an outside frame around the platform

shall be equipped with means for centering and checking the platform. These shall cause the platform bearings to return to their

normal line of contact on the Imife-edges when the platform is disjjlaced to the full extent allowed and also shall prevent the platform

bearings from such a displacement that the centering will not take

place. The above results may be obtained by any proper means that

will not introduce excessive friction and will not cause binding when

the parts have been so caused to return to their normal weighing

positions.

3. Platform scales shall be so constructed that there is sufficient

clearance between the platform and the frame to allow for any ex-
204 BUREAU OF STANDARDS.

pansion due to weather effects. Sufficient clearance shall also be provided to prevent the live parts of the scale from binding on account

of an ordinary accumulation of dirt or other ordinary causes.

4. A wagon scale should have at least 12 feet of straight driveway

on either end of the scale in the same plane as the platform,..

5. Platforms and levers shall be of sufficiently rigid construction

that the degree of deflection under the maximum load will not en- danger the accuracy of the scale.

6. If a scale is equipped with a relieving device, this shall be so constructed that when the beam is balanced and the device is used

to relieve it and engage it again, one or more times, the former bal- ance will again be assumed by the beam.

7. When corner platform loops are Tem/)va'ble, each shall he so marked or shaped as to identify it with its proper corner.

8. All devices for adjusting the balance of a counter platform

scale shall be of such construction that they are operative or accessible

only by the use of some tool or device which is outside of and entirely separate from the movable mechanism of the scale itself, such

as a screw driver, wrench, etc., but not an adjusting pin.

9. All devices for adjusting the level of a counter platform scale

jihall be of such construction that they are operative or accessible

only by the use of some tool or device which is outside of and entirely separate from the leveling devices, such as a screw driver,

wrench, etc., but not an adjusting pin.

10. All platform scales, except track scales, shall be so constructed

that when a load consisting of test weights representing one-half or more than one-half of the capacity of the scale, and not exceeding

such capacity, is placed so that its center of gravity lies over the

points designated by circles in diagram No. 1, the error at each point

shall not exceed the tolerance allowed for the load employed. If a load equal to one-quarter of the capacity is used, this shall be placed

so that its center of gravity lies directly over the platform bearings

designated by the circles in diagram No. 2, and the errors shall not

exceed those indicated above.

Diagram No. 1. Diagram No. 2.

11. Any device for altering the sensibility of the scale shall he so limited in its adjustment that the heam can not he made unstable hy

the manipulation of the device.
TENTH ANNUAL CONFEKENCE ON WEIGHTS AND MEASURES. 205

12. The minimuiii travel of the beam in the trig-loop shall conform

to the following table

Length of beam.'

Minimum

travel of beam in

trig-loop.

Inch. 0.4

Over 12 inches, including 20 inches .5 Over 20 inches, including 40 inches .7 Over 40 inches .9

' The "length of beam" refers to the distance from the fulcrum to the trig-loop.

13. All -weighing beams shall be so marked and graduated and all

poises on these beams shall be so constructed that the weight corre- sponding to any position of the poise can be read directly on the

beam. This condition shall be fulfilled whether a registering or stamping device is used or not.

Sensibility reciprocal.—The maximum sensibility reciprocal allowable on all platform scales, except counter platform scales, shall

not exceed the value of two of the minimum graduations on the

beam at the capacity of the scale or at any lesser load: Provided,

however, That the manufacturers' maximum sensibility reciprocal or

the maximum sensibility reciprocal on all new platform scales, ex- cept counter platform scales, shall not exceed the value of one of the

minimum graduations on the beam at the capacity or at any lesser

load. The maximum sensibility reciprocals for counter platform

scales are given hereafter under the heading " Counter Balances and

Scales."

(The term " sensibility reciprocal " means the weight required to

move the position of equilibrium of the beam, pan, pointer, or other

indicating device of a scale a definite amount. In scales provided

with a beam and trig-loop the sensibility reciprocal is the weight

required to be placed upon the platform to turn the beam from a horizontal position of equilibrium in the middle of the trig-loop to a position of equilibrium at the top of the loop. The sensibility re- ciprocal msij be determined by subtracting the weight instead of

adding it, thereby causing the beam to assume a position of equilibrium at the bottom of the loop ; or indirectly, by moving the slid- • ing poise on the beam the required amount in either direction, to

obtain the specified change in the position of equilibrium of the

beam; or by adding or subtracting small weights to or from the

counterpoise imtil the specified change is obtained, and determining

the equivalent of the small weights used, in terms of weight on the

platform.)

Tolerances.—The tolerances to be allowed in excess or deficiency on

all platform scales, except counter platform scales, shall not be

greater than the values shown in the following table : Provided, however. That the manufacturers' tolerances or the tolerances on all new

platform scales, except counter platform scales, shall not be greater

than one-half of the values given : And provided further, That these
206 BUREAU OF STANDAEDS.

tolerances on all these platform scales shall in no case be less than

the value of one of the minimum graduations on the beam, except

that the manufacturers' tolerances or the tolerances on new apparatus

shall in no case be less than the value of one-half of one of the minimum graduations on the beam. The tolerances for counter platform

scales are given hereafter under the heading " Counter Balances and

Scales."

Load.

Tolerance, Class A. Tolerance, Class B.

On ratio. On beam. Oti Wi-l ntin IcXLlU. On TiooTn

Pounds. Ounces. Ounces. Ounces. Pounds. 50 \

100

72

\ 2 200 2 4 240 3 6

300 3 6 400 4 8 500 5 10 10

600 6 12 12

Pounds. Pounds.

0\J\J Qo

1

J. 1 2

ao1X 1 2 10 1 x/ iM

^ 'soo 19 ^72 3

^ soo 14 1

Pounds.

2, 000 1 2 2 4

2, 500 IM 2H 5

4, 000 2 4 4 8

6, 000 3 6 6 12

8,000 4 8 8 16

10, 000 5 10 10 20

12, 000 6 12 12 24

16, 000 8 16 16 32

20, 000 10 20 20 40

24, 000 12 24 24 48

30, 000 15 30 30 60

40, 000 20 40 40 80

80, 000 40 80 80 160

100, 000 50 100 100 200

160, 000 80 160 160 320

200, 000 100 200 200 400

300, 000 150 300 300 600

400, 000 200 400 400 800

Note.—Explanation of above table will be found on following page.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 207

Explanation of preceding table.—"Class A" scales include the following: Scales of the portable platform type; and also scales of the

dormant type which are installed inside of a building having side

walls and roof, which protect the scale from weather effects and

from sudden changes of temperature.

" Class B " scales include the following : Scales of the railroad

track and wagon types; and also scales of the dormant type which

are not installed inside of a building having side walls and roof, and

which are exposed to weather effects and sudden changes of temperature.

Note.—The latter effect, since it causes the condensation of moisture on

the scale parts, often has as serious results on the condition of the scale as have

weather effects. The columns with the heading " Tolerance on ratio " refer to the

error in the ratio or multiplying power of scales with which counterpoise weights are used.

The columns with the heading " Tolerance on beam " refer to those

parts of scales not requiring the use of removable weights; for

example, a beam.

The column with the heading " Load " refers to the amount of

weight on the platform of the scale.

Application of tolerances to railroad track scales.—In the case of railroad track scales, designed and used for weighing ordinary freight

traffic, when the test load consists of a one-truck test car, the largest

algebraic mean of any two errors found for different positions of the

test truck shall not exceed the tolerance corresponding to the test load

used : Provided, however. That no two errors shall be selected, cor- responding to positions of the test truck closer together than the

distance between extreme positions which the truck can assume on

opposite ends of the shortest span. The tolerance given in the table is

not to be applied to the error found for a single position of the test load. (The largest algebraic mean of any two errors may be defined

as one-half of the largest plus (-|-) or minus ( —) sum that can be

obtained by adding any two errors, such as two plus errors, two

minus errors, a numerically large plus error and a numerically small

minus error, or a numerically large minus error and a numerically

small plus error.

)

In order that the largest algebraic mean of any two errors, which

represents the maximum error of freight car weighing, may not

differ appreciably from the true amount, a test car having a wheel

base not exceeding 7 feet should be used.

COTJNTEK BALANCES AND SCALES.

Definition.—A counter scale is a scale of any type which is especially adapted on account of its compactness, light weight, moderate

capacity, and arrangement of parts, for use upon a counter or table.

It is to be noted, however, that those types embraced in the definitions

of platform scales, spring scales, and cream-test and butter-fat-test

scales are considered under their specific headings.

Specifications.—1. Bearings shall be so shaped that when the beam

or levers are displaced in any manner, the knife-edges will return to
208 BUREAU OF STANDARDS.

their proper lines of contact. (The term "bearing" as used in this

specification is defined as that part of tlie scale designed to be in

contact with the edge of the knife-edge.

)

2. All loose material used for adjusting the balance of a scale shall

be securely enclosed.

3. All devices for adjusting the balance of a counter scale shall be

of such construction that they are operative or accessible only by the use of some tool or device which is outside of and entirely separate

from the movable mechanism of the scale itself, such as a screwdriver, wrench, etc., but not an adjusting pin.

4. All devices for adjusting the level of a counter scale shall be

of such construction that they are operative or accessible only by the use of some tool or device which is outside of and entirely separate

from the leveling devices, such as a screw driver, wrench, etc., but

not an adjusting pin.

5. Counter scales whose weight indications are changed hy an

amount greater than one-half the tolerance allowed, lohen set in any

position on a surface making an angle of 6 per cent or approximately

3 degrees with the horizontal., shall he equipped with a device which

will indicate when the scale is level, and in no case shall any pendulum operating the scale he considered a leveling device. The scale

shall he rebalanced at zero each time its position is altered during

this test.

6. In the case of egual-arm scales, either with stahilized pans or

plates—that is, those above the beam—or with suspended pans or

plates, the mi?iimum fall or drop of the pans or plates from their

highest point shall be as follows:

Capacity. Minimum

fall.

Inch. Four pounds and below 0.35

From 4 pounds, including 12 pounds .5

From 12 pounds, including 26 pounds .75 .

Over 26 pounds 1.0

7. In the case of counter scales having unequal arms or having a compound lever system, and equipped with a graduated beam which is

not provided at or near its end with a trig loop or graduated scale or

arc or other suitable reference interval or point for establishing the

proper position of balance of the beam, the beam shall have a minimum total angular play of 8 per cent or approximately 5 degrees.

In case such scales are provided with a trig loop or graduated scale or arc or other suitable reference interval or point, the minimum

total movement of the beam at such point shall be 0.4 inch if the

beam is 12 inches or less in length and 0.5 inch if the beam is over

12 inches in length. (The angular motion of the beam in terms of

per cent may be obtained by dividing the total fall or drop of the

beam at its end by the distance from the fulcrum to the end of the

beam and multiplying this quotient by 100.)
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 209

8. Scales of such construction that any weight or weights v)hich

are not visible can be added so as to affect the indications of the

scale shall be equipped with a device which will plainly indicate on

the customers'' side of the scale when the weight or weights have

been added and the value which it or they represent on the scale.

9. On scales of the equal-arm type with stabilized pans—that is,

pans above the beam—the under connections and a line connecting

the outer knife-edges in the beam shall form a parallelogram. These

under connections shall be straight and work freely.

10. All scales shall be so constructed that when a weight whose

body has approximately equal diameter and height and which represents one-half of the capacity of the scale, is shifted in any direction on the weight plate or on the commodity plate, pan, or scoop

to a point one-half the distance between the center and edge of the

weight plate or the commodity plate, pan, or scoop, the additional

resulting error in the weight indication, due to this cause alone,

shall not exceed the tolerance allowed at the load in question given

in the column headed " Tolerance on parts requiring employment of

removable weights " : Provided, however. That in this test the edge

of the weight shall not be made to project over the edge of the

weight plate or the commodity plate, pan, or scoop.

11. In the case of counter scales equipped with an indicator and a reading face or dial, such parts shall conform to all the specifications applicable to them, given under the heading " Spring Scales,"

except that the graduations are not required to be equally spaced.

12. All counter scales shall be in level.

Sensibility reciprocal.—The maximum sensibility reciprocal allowable for counter scales shall not exceed the values given in the table

below, at the capacity or at any lesser load, with the exception that

when the maximum sensibility reciprocal herein given is a larger

value than that represented by two of the minimum graduations on

any beam with which the scale may be equipped, the latter value

shall be applied and used as the maximum sensibility reciprocal, at

the capacity or at any lesser load: Provided, however, That the

manufacturers' maximum sensibility reciprocals or the maximum

sensibility reciprocals on all new counter scales shall be one-half of

the values given in the table unless this value is greater than one of

the minimum graduations on the beam, in which case this latter value

shall be used.

(The term " sensibility reciprocal " means the weight required to

move the position of equilibrium of the beam, pan, pointer, or other

indicating device of a scale a definite amount. In the case of equalarm scales and scales with a single pan or plate above, or hanging

from, the beam, which are not provided with a pointer moving over

a graduated scale or arc, the sensibility reciprocal is the amount of

weight required on the pan or plate to cause it to move from its

position of equilibrium, when the scale is in balance, to a position of

equilibrium at the limit of its motion.)

24309°—16 14
210 BUREAU OF STANDARDS.

Capacity.

Maximum

sensibility reciprocal allowable.

Capacity.

Maximum

sensibility reciprocal allowable.

Pounds. Ounces. Pounds. Ounces.

1 1/8 24 1

2 1/8 25 1

4 1/4 30 1

5 1/4 40

6 1/4 50 iy2

8 1/2 60

10 1/2 75 2 12 1/2 90

15 3/4 100 3

20 3/4

Tolerances.—Except on the special tests described above, the toler- ances to be allowed in excess or deficiency on counter scales shall not

be greater than the values shown in the following table: Provided,

however, That the manufacturers' tolerances or the tolerances to be

allowed on new counter scales shall not be greater than one-half of

the values given : And provided further, That the tolerance on counter scales at any load shall in no case be less than one-fourth of the

sensibility reciprocal of the scale at the load in question ; and when

the scale has a reading face or dial, the tolerance shall in no case be

less than one-fourth of the minimum graduation on the reading face or dial, except that on new scales they shall in no case be less than

one-eighth of such minimum graduation.

Load.

Tolerance on parts

requiring

employ- ment of removable

weights.

Tolerance on beam or reading

face.

Load.

Tolerance on parts requiring

employ- ment of removable

weights.

Tolerance on beam or reading

face.

Pounds. Ounces. Ounces. Pounds. Ounces. Ounces.

1 1/16 1/16 40 7/16 5/8

2 1/16 1/8 50 1/2 3/4 4 1/8 3/16 60 5/8 1

5 1/8 3/16 75 3/4 1

6 1/8 3/16 90 7/8 IM

8 1/4 3/8 100 1

10 1/4 3/8 150 IH 2

12 1/4 3/8 200 2 3

15 5/16 1/2 240 2^ 4

16 5/16 1/2 250 4

20 5/16 1/2 300 3

24 3/8 1/2 350 5

25 3/8 1/2 400 4 6

30 3/8 5/8
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 211

SUSPENSION SCALES OF THE LEVER TYPE.

Definition.—Suspension scales of the lever type are lever scales designed and adapted to be hung from or attached to some support

above and outside of the structure of the scale itself, and which are not included within other classes herein defined. This class shall include steelyards, butchers' meat beams, suspension abattoir scales, crane scales, overhead tramway scales, suspension creamery scales,

and the like.

Specifications and tolerances.—Suspension scales of the lever type

having a capacity of more than 400 pounds shall be subject to the

same specifications, in so far as these are applicable, and the same

sensibility reciprocals and tolerances as platform scales. Suspension

scales of the lever type having a capacity of 400 pounds or less shall

be subject to the same specifications, in so far as these are applicable,

and the same sensibility reciprocals and tolerances as counter scales.

SPRING SCALES.

Definition.—A spring scale is a scale in which the weight indications depend upon the change of shape or of dimensions of an elastic

body or system of such bodies: Provided, however, That scales in

which metallic bands or strips are employed for the primary purpose of fulfilling the functions of Imife-edges and bearings shall not

be considered spring scales within the meaning of this definition.

Specifications.—1. Graduated faces shall be permanently fixed in

position.

2. All graduations shall be clear and distinct and equally spaced.

3. The clear interval hetween the graduations shall not he less than

O.OJf. inch.

4. The maximum value of the graduations on spring balances used

in the sale of foodstuffs at retail shall be 1 ounce : Provided, however.

That this shall not apply to scales used exclusively in the sale of

vegetables.

5. The scale shall have a definite and clear zero graduation and

there shall be no stop to prevent the indicator from going beyond the zero graduation. These conditions shall be fulfilled whether the

entire face is graduated or the graduations commence at a fixed load.

6. The indicator shall be firmly attached and reach to the graduated

divisions.

7.^ That part of the indicator which reaches to the smallest subdivisions shall not exceed the width of these subdivisions.

8. The distance between the indicator and the reading face shall

not exceed 0.12 inch.

9. All devices for adjusting the balance of a spring scale shall be

of such construction that they are operative or accessible only by the use of some tool or device which is outside of and entirely separate

from the movable mechanism of the scale itself; such as a screwdriver, wrench, etc., but not an adjusting pin.

10. All devices for adjusting the level of a spring scale shall be of

such construction that they are operative or accessible only by the use

of some tool or device which is outside of and entirely separate from
212 BUREAU OF STANDAEDS.

the leveling devices ; such as a screw-driver, wrench, etc., but not an

adjusting pin.

11. No device to alter the working or effective length of the spring

shall be placed on the outside of the scale.

12. Spring balances of the hanging type shall be freely suspended

from the ring when in use.

13. If scales are provided with a hanging pan, this shall be sus- pended from a ring and no hook will be allowed. A hook may be

used only on those scales for which no pan is provided.

14. All scales shall be so constructed that when a weight whose

body has approximately equal diameter and height and which represents one-half of the capacity of the scale, is shifted in any direction

on the commodity plate, pan, or scoop to a point one-half the distance between the center and the edge of the plate, pan, or scoop,

the additional resulting error in the weight indication, due to this cause alone, shall not exceed the tolerance allowed at the load in

question given in the column headed "Added tolerance for shift

test at half capacity " : Provided, however, That in this test the edge

of the weight shall not be made to project over the edge of the commodity plate, pan, or scoop.

15. Spring scales whose weight indications are changed hy an

amount greater than one-half the tolerance allowed., when set in any

position on a surface making an angle of 6 per cent or approximately

3 degrees with the horizontal shall he equipped with a device which

will indicate when the scale is level. The scale shall he rebalanced

at zero each time its position is altered during this test. 16. Spring balances of such construction that a weight or weights

which are not visible can he added so as to affect the indications

of the scale, shall he equipped with a device which will clearly indicate on the customers'' side of the scale when the weight or weights

have been added, and the value which it or they represent on the

scale.

17. Spring balances shall give correct weight indications whether

the load on the plate, pan, or scoop is being increased or decreased.

18. The specifications for each part or combination spring and

lever scales shall be the same as those for the type of scale to which

such part belongs.

19. All counter spring scales shall be in level.

Tolerances.—Except on the special tests described above, the toler- ances to be allowed in excess or deficiency on all spring scales

equipped with a device intended to compensate for changes in the

elasticity of the springs due to temperature effects, shall not be

greater than the values given in the tolerance table under the heading

" Counter Balances and Scales."

Except on the special tests described above, the tolerances to be

allowed in excess or deficiency on all spring scales not equipped

with a device intended to compensate for changes in the elasticity

of the springs due to temperature effects, shall not be greater than

the values shown in the following table : Provided, however, That the

manufacturers' tolerances or the tolerances to be allowed on all new

spring scales described herein shall not be greater than one-half of

the values given.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 213

However, the tolerances on all spring scales described in the two

preceding paragraphs shall in no case be less than one-fourth of the

minimum graduation on the reading face or dial, except that on new

spring scales they shall in no case be less than one-eighth of such

minimum graduation.

Load. Tolerance.

Added tol- erance for shift test at half capacity.

Load. Tolerance.

Added tol- erance for shift test at half capacity.

\j LI iimjo • 1 1/8 1/16 40 2 7/16

2 1/4 1/16 50 3 1/2

3 1/4 1/16 60 3 5/8

4 1/2 1/8 75 4 3/4

5 1/2 1/8 90 4 7/8

6 1/2 1/8 120 5

7 1/2

-1 lA 1/4 150 6 13^

8 3/4 . 1/4 200 8 2

10 3/4 1/4 300 12 3 12 1 1/4 Pounds. 15 1 5/16 400 1 20 IH 5/16 500

24 3/8 600

25 3/8

30 2 3/8

STRAIGHT-FACE SPRING SCALES.

Definition.—A straight-face spring scale is a spring scale in which

an indicator or graduated face is affixed to a spring without intervening mechanism and registers the extension of the spring on a straight

graduated face.

Specifications.—1, The support for the spring shall be of sufficient

strength and rigidity to sustain the capacity load of the scale without

perceptible strain, and such support shall be permanently fixed to

the frame of the scale.

2. The graduated face shall be firmly riveted to the frame at not

less than three points.

3. The indicator shall be pointed in order to facilitate accurate

reading, and it shall not obscure the figures showing the value of the

graduations.
214 BUREAU OF STANDAEDS.

L The value and spacing of the graduations shall satisfy the

requirements of the following table:

Ca-pacity. Maximumvalue of

interval.

Minimum

tween gradPounds. Pounds. Inch. 25 112 0.03

50 1 .03

100 1 .03

200 2 .03

SOO 5 .04

400 5 .04

500 5 .04

Tolerances.—The tolerances to be allowed in excess or deficiency on

all straight- face spring balances shall not be greater than four times

the values given under the heading " Spring Balances," subheading

" Tolerances."

COMPTXTING SCALES.

Definition.—A computing scale is a scale which, in addition to indicating the weight, indicates the total price of the amount of commodity weighed for a series of unit prices.

Specifications.—1. Computing scales shall be correct in both their

weight and value indications.

2. Computing scale charts shall not repeat the same values in any

given column or row. This applies also to charts on which the

value graduations are correctly placed, but which, in addition, have

a duplication of value figures in any given column or row.

3, The value graduations on all computing charts shall not exceed

1 cent on all prices per pound up to and including 30 cents. At any

higher price per pound the value graduation shall not exceed 2 cents:

Provided, however, That nothing in the above shall he construed to

prevent the placing of a special value graduation to represent each

6-cent interval. These special graduations may take the form of dots,

staggered graduations, or similar forms. They shall he so placed

that their meaning and value may he clearly understood, hut they

shall not he placed in the space hetween the regular graduations.

4-. All computing scales equipped with a drum-shaped chart shall

he so constructed that the opening on the dealers^ side discloses at

least two value graduations at the lowest price per pound. These

scales shall he so constructed that the opening on the customers'' side

discloses the smallest graduations and a figure representing the

proper nwrrvher of main weight units when any load is placed on the

pan or platform.

5. All computing scales shall be equipped with weight indicators

on both the dealers' and customers' sides, and their width shall not

exceed 0.015 inch. The distance between the chart and the weight

indicators shall in no case exceed 0.06 inch. Both indicators shall

reach to the graduated divisions and shall indicate clearly and correctly.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 215

6. All computing scales shall be equipped with a value indicator

on the dealers' side, and its width shall not exceed 0.015 inch. The

distance between the chart and the value indicator shall in no case exceed 0.06 inch. This indicator shall reach to each value graduation

and shall indicate clearly and correctly.

7. The weight graduations and, the value graduations shall he clear

and distinct, hut in no case shall their width he less than 0.008 inch.

8. The maximum value of the weight graduations on computing

scales used in the sale of foodstuffs at retail shall be 1 ounce.

9. The clear interval hetween the weight graduation marks on all

computing scales shall not he less than 0.01i. inch. The clear interval

hetween the value graduations marks on all computing scales shall

not he less than 0.02 iruih: Provided., however, That the latter re- quirement shall not he construed to apply to the special value graduation denoting the 6-cent interval, meritioned heretofore.

10. All devices for adjusting the balance of a computing scale

shall be of such construction that they are operative or accessible

only by the use of some tool or device which is outside of and entirely

separate from the movable mechanism of the scale itself, such as a screw driver, wrench, etc., but not an adjusting pin.

11. All devices for adjusting the level of a computing scale shall

be of such construction that they are operative or accessible only by

the use of some tool or device which is outside of and entirely separate from the leveling devices, such as a screw dricer, wrench, etc.,

but not an adjusting pin.

12. Computing scales whose weight indications are changed hy an

amoumt greater than one-half the tolerance allowed, when set in any

position on a surface making an angle of 5 per cent or approximately 3 degrees with the horizontal, shall he equipped with a device

which will indicate when the scale is level, and in no case shall any

pendulum operating the scale he considered a leveling device. The

scale shall he rehalanced at zero each time its position is altered during this test. 13. Computing scales shall give correct results whether the load

is being increased or decreased.

1I^. All devices intended to increase the capacity of computing

scales hy the addition of an added weight or weights shall operate

properly irrespective of the speed with which they are manipulated.

15. All counter computing scales shall be in level.

16. The specifications on a computing scale and on all parts of a computing scale, when not modified by the above, shall be the same as those of the type to which the scale under test belongs.

17. When the scale is of such a type that the definition of sensibility reciprocal is applicable, the maximum allowable sensibility reciprocal shall be the same value as is permitted for a noncomputing

scale of the appropriate type.

Tolerances.—Except on the special tests described above, the toler- ances to be allowed in excess or deficiency on all spring computing

scales equipped with a device intended to compensate for changes in

the elasticity of the springs due to temperature effects, and also all

those not operated by springs, shall not be greater than the values

given in the tolerance table under the heading " Counter Balances

and Scales."

Except on the special tests described above, the tolerances to be

allowed in excess or deficiency on all spring computing scales not
216 BUREAU OF STANDARDS,

equipped with a device intended to compensate for changes in the

elasticity of the springs due to temperature effects, shall not be

greater than the values given in the tolerance table under the heading

"Spring Balances."

However, the tolerances on all computing scales equipped with a reading face or dial shall in no case be less than one-fourth of the

minimum weight graduation on the reading face or dial, except that

on new computing scales they shall in no case be less than one-eighth

of such minimum weight graduation.

CREAM-TEST AND BUTTER-FAT-TEST SCALES.

Definition.—A cream-test or butter-fat-test scale is a scale especially designed and adapted for determining the fat content of cream

or butter.

Specifications.

1. All scales shall he provided with a graduated

scale or arc divided into at least 10 equal spaces^ over which the indicator shall play.

The clear interval between the graduations on the graduated

scale or arc shall not he less than 0.05 inch.

3. The indicator shall be of such length as to reach to the graduated divisions and shall terminate in a fine point to enable the readings to be made with precision.

4. All scales whose weight indications are changed hy an amount

greater than one-half the tolerance allowed.^ when set in any position

on a surface mahing an angle of 5 per cent or approximately 3 degrees with the horizontal., shall he equipped with leveling screws and with a device which will indicate when the scale is level. The

scale shall he rehalanced at zero each time its position is altered

during this test.

5. All scales shall be so constructed and adjusted that when the

pans are released or disturbed the pointer will return to its original

position of equilibrium.

Sensibility reciprocal.—The maximum sensibility reciprocal allowable for these scales shall not exceed one-half grain or approximately 30 milligrams, when the maximum load is placed upon the

scale.

(The term "sensibility reciprocal" means the weight required to

move the position of equilibrium of the beam, pan, pointer, or other

indicating device of the scale a definite amount. In scales provided

with a pointer and a graduated scale or arc, such as the above, the

sensibility reciprocal is the weight required to cause a change in the

position of rest of the pointer equal to one division on the graduated

scale or arc.)

Tolerances.—The tolerance to be allowed in excess or deficiency on

all creara-test and butter-fat-test scales shall not be greater than one- half grain or approximately 30 milligrams, when the scale is loaded

to capacity.

VII. WEIGHTS.

Specifications.—1. Weights shall be made of steel, iron, brass, or any other metal or alloy of metals not softer than brass: Provided,

however, That weights below one-fourth ounce shall not be made of

iron or steel, but may be made of aluminum.

2. Weights shall have smooth surfaces and no sharp points or comers.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUEES. 217

3. Weights shall not be covered with a soft or thick coat of paint

or varnish.

4. All holes in which foreign material is to be placed for adjusting purposes must be of such form that this material will be permanently and securely held in place. In no case shall this adjusting

material project beyond the surface of the weight.

5. Rings on weights shall not be split or removable.

6. All weights shall be clearly marked with their nominal value,

and in addition weights intended for use on multiplying-lever scales

shall he clearly marked with the value they represent when used upon

the scale for which they are intended.

Tolerances.—The tolerances to be allowed in excess or deficiency on

commercial weights shall not be greater than the following values:

Provided, however, That the manufacturers' tolerances or the toler- ances to be allowed on new commercial weights shall not be greater

than one-half of the values given.

Avoirdupois System.

Weight.

Tolerance, ordinary

weights

(ratio 1:1).

Tolerance, counterpoise weights for multiplying-lever scales.

Ratio less than 100*1

Ratio 100:1 and less than 1,000:1.

Ratio 1,000:1 CUIU \JWlt

Pounds. Grains. Grains. Grains. Grains. 50 100.0 60.0 40.0 20.0

25 60.0 36.0 24.0 12-.

20 60.0

15 40.0 24.0 16.0 8.0

10 40.0 24.0 16.0 8.0

8 30.0 18.0 12.0 6.0

5 30.0 18.0 12.0 6.0

4 20.0 12.0 8.0 4.0

3 20.0 12.0 8.0 4.0

2 15.0 9.0 6.0 3.0

1 10.0 6.0 4.0 2.0

Ounces. 10 10.0 6.0 4.0 2.0

8 5.0 3.0 2.0 1.0

5 5.0 3.0 2.0 1.0

4 5.0 3.0 2.0 1.0

2 3.0 1.8 1.2 .6

1 2.0 1.2 .8 .4

1/2 2.0 1.2 .8 .4

1/4 1.0 .6 .4 .2

1/8 .5 .3 .2 .1

1/16 .5 .3 .2 .1

1/32 .5 .3 .2 .1

1/64 .2 .12 .08 .04
218 BUREAU OF STANDAEDS.

The tolerances to be allowed in excess or deficiency on apothecaries'

prescription weights shall -not be greater than the following values

Provided, however, That the manufacturers' tolerances or the toler- ances to be allowed on new apothecaries' prescription weights shall

not be greater than one-half of the values given.

Apothecaries' System.

Weight. Tolerance. Weight. Tolerance.

Ounces troy. Grains. Scruples. Grains. 12 4.0 3 0. 3 10 4. 2 . 25

8 3. 1 . 15

5 3.0 Grains. 20 .15

4 2.0

10 .12

3 2.0

5 .08

2 2.0

2 .04

1 1.0

Drams. 1 .03

8 1.0 .5 .02

6 1.0 .2 .015

4 .7 .1 .01

3 .6

2 .5

1 .3

.5 .2

Metric System.

Weight. Tolerance. Weight. Tolerance.

Grams. Milligrams. Milligrams. Milligrams.

500 350.0 500 7.0

200 200.0 200 4.0

100 150.0 100 3.0

50 100.0 50 2.0

20 50.0 20 1.0

10 40.0 10 1.0

5 25.0

2 15.0

1 10.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 219

VIII. METRIC SYSTEM.

No specifications contained in the preceding pages shall be understood or construed to prohibit the sale or use of weights and measures

or weighing or measuring devices constructed or graduated in units

of the metric system.

The tolerances to be allowed on any weight or measure or weighing

or measuring device constructed or graduated in units of the metric

system, shall be the same as those specified on similar apparatus of

an equivalent size or at an equivalent load in the customary system.
APPENDIX 2.

On the following pages are given those comments and objections

of various manufacturers to the advance copy of the report on

tolerances and specifications, which were submitted in writing to

the committee, and which are specific and refer to definite tolerances

and specifications, but which could not be read at the conference

on account of lack of time (see p. —). Statements of the committee,

made in answer to these comments and objections which would have

been given at the conference at the time that these were read, are printed in connection with them.

SCALES: GENERAL SPECIFICATIONS—SPECIFICATION NO. 1.

TEXT.

The nominal or rated capacity of a scale is the largest weight indication

which can be obtained by the use of all its readings or recording elements in

combination. * * * When a scale is designed for use with removable

weights, and these are furnished with the scale, the amount which these repre- sent when used on the scale shall be included in the sum of the weight values

of the reading elements.

COMMENT OF MANUFACTTTKEK.

This paragraph is drawn, as we understand it, so that the total value of the

weights which a manufacturer sends out with a scale, together with the weight

value of the beam or reading face, shall be considered the capacity of the scale. This specification is a proper one for most of the scales in common use, but

there are certain scales used in the industries, such as sacliing scales, the reg- ular complement of weights for which greatly exceeds in total the rated

capacity of the scale. A scale of this character, such as the sacljing scale, is supplied with an assortment of weights, each one of which is designed to equal a certain amount of flour on the platform. Thus we furnish a 196-pound

weight, which equals one barrel of flour, and we also furnish similar weights

designed to be used for sacking fractional parts of a barrel, and the total value of all these weights is greater than the rated capacity of the scale; in

fact, a scale of this character has no rated capacity, strictly spealiing, unless

it might be considered that the highest value weight, 196 pounds, might be

considered as the maximum capacity of the scale, which in fact it would be

when the scale was used for the purpose for which it was designed, manufactured and sold.

STATEMENT OF COMMITTEE.

It appears that this objection no longer has any application, in

view of the "Amendments to Tentative Report of Committee on Tolerances and Specifications," made by the committee and adopted by

the conference. The particular amendment disposing of the above

objection reads as follows

Application of specifications. These definitions, specifications, and tolerances are to be construed to apply to the usual types of weights and measures and

weighing and measuring devices used in ordinary commercial transactions or 220
TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASUEES. 221

usually coming within the jurisdiction of weights and measures official, but

only when a proper classification is herein provided for them. They shall also

be construed to apply to apparatus used for special purposes whenever and in

6o far as they are clearly applicable, but not otherwise.

The committee believes that the " sacking scale " mentioned above

falls in the class described as " apparatus used for special purposes,"

and that the capacity definition clearly is not applicable to this type

of scale. Therefore the capacity is not to_ be considered as the sum

of the separate weights furnished with this scale. As suggested by

the manufacturer, the capacity of this scale would be the maximum

load which the scale would be required to carry when used for the

purpose for which it was designed, manufactured, and sold. In this case it would be 196 pounds plus the weight of the empty barrel.

It may be noted at this time, however, that specification No. 2,

under the heading " Scales : General specifications," is applicable to

the sacking scale mentioned here, and that the capacity should, therefore, be ma'rked upon scales of this type and of similar types.

SCALES: GENERAL SPECIEICATIONS—SPECIFICATION NO. 20.

TEXT.

Poises shall not be readily detachable from the beam.

COMMENT OF MANTTFACTUREE.

This specification is all right when applied to scales of the portable, dormant,

wagon, and railroad varietj', when such scales are designed for use in selling

commodities. There are several classes of scales of extended use, in which

the design is such that the scale is to be used with a poise that is purposely

detachable. We refer here to such scales as the weighmaster or cotton beam

outfits, which are very widely used, and which have one or more detachable

poises of different values. There is also the beam for determining the weight

of a ream of paper by weighing one sheet, etc.. which is equipped with rider

poises of different values that must necessarily be detachable. There are numerous special scales made for use in manufacturing processes where rider

poises of different values are employed on the same beam, and these must

necessarily be detachable to meet the requirements of certain manufacturing

processes. Broadly speaking, specifications as written would prohibit the use

of all of the foregoing devices, which no doubt was the furthest from the

intention of your committee.

STATEMENT OF COMMITTEE.

It appears that this objection also no longer has any application.

In the case of weighmaster or cotton beam outfits the objection has

apparently been disposed of by the change in this specification made

by the " amendments " adopted at the conference. The requirement

now reads as follows:

Poises shall not be readily detachable from the beam : Provided, however,

That this specification shall not apply to poises ou steelyards unless there Is a zero graduation on the beam.

It is believed that in every case in which two poises on a steelyard

are to be used interchangeably the beam is so constructed that the

balancing is to be done with both poises removed, and that the graduations commence at a fixed load other than zero. Therefore in all

these cases the requirement that the poises be not readily detachable

no longer applies.
222 BUREAU OF STANDARDS.

In SO far as the other scales mentioned are concerned, they apparently fall within the class described as " apparatus used for s])ecial

purposes" which is mentioned in the statement immediately pre^

ceding.

PIATFORM SCAIES—SPECIFICATION NO. 12.

TEXT.

The minimum travel of the beam in the trig loop shall conform to the following table:

Lengtn of beam.i Minimum

travel of beam

in trig loop.

Inch. 0.4

.5

. 4 .9

Over 12 inches, including 20 inches Over 20 inches, including 40 inches Over 40 inches

' The "length of beam" refers to the distance from the fulcrum to the trig loop. COMMENT OF MANUFACTURER.

* * * we have considered that the travel of 1 inch in the trig loop of a

12-inch beam is a good distance. Four inches, as stated, would bring the beam

so much out of level that the poises would not remain in position on beam.

STATEMENT OF COMMITTEE.

The manufacturer has misread the specification. The requirement

is for four-tenths inch and not 4 inches, as stated.

PLATFORM SCALES—SENSIBILITY RECIPROCAL.

TEXT.

The maximum sensibility reciprocal allowable on all platform scales, except

counter platform scales, shall not exceed the value of two of the minimum

graduations on the beam, at the capacity of the scale or at any lesser load. Provided, however, that the manufacturers' maximum sensibility reciprocal or the maximum sensibility reciprocal on all new platform scales, except counter

platform scales, shall not exceed the value of one of the minimum graduations on the beam at the capacity or at any lesser load. * * *

COMMENT OF MANUFACTUKEK.

We think your specifications as to the sensibility reciprocal being related to the minimum graduation on the beam is perfectly proper when applied to scales

used for determining the value of commodities sold in trade. There is another

considerable field, however, in which the sensibility reciprocal should not bear

this same relation to the minimum graduation of the beam. We refer to scales

used in manufacturing operations, where the purchasers thereof require and

insist upon a beam with finer minimum divisions than the lever system will

respond to, the plea offered to us as manufacturers for this requirement that

such purchasers have the idea that they desire to make certain a careful reading of the beam by their employees and hence desire the beam graduated to a

degree of fineness which, as stated, the lever system can not be made to respond

to. As your specifications are drawn this condition is not recognized, and we

presume that possibly your committee has not given the same consideration,

and we submit it, based on our experience in the trade.

STATEMENT BY COMMITTEE.

The committee is not able to conceive how it is possible to take

cognizance of the situation presented in this objection. The manu-
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 223

facturer admits that the regulation is a proper one as a rule, and by

this admission we are forced to believe that it is a proper one for all cases where the scale is tested by a weights and measures official. If

a scale were designed and built to weigh incorrectly for some special

purpose, even though such purpose were not a fraudulent one, the

specifications and tolerances surely could not make an exception of it

if it were to be tested and sealed by an official. And the case in

point, while not exactly similar, appears to fall under the same

general rule.

Even were the proposed discrimination correct in principle, the

administrative difficulties in enforcing the difference in the toler- ances and specifications would be so great that it seems that it would

be almost impossible to make it a practical working proposition.

Therefore it is the opinion of the committee that the regulations

at present adopted must stand and be applied alike to all apparatus

included in the heading "Application of specifications " contained in

the tolerances and specifications adopted by the conference.

COUNTER SCALES—SPECIFICATION NO. 8.

TEXT.

Scales of such construction that any weights which are not visible can be

added so as to affect the indications of the scale, shall be equipped with a device

which will plainly indicate on the customer's side of the scale when the weight

or weights have been added and the value which it or they represent on the

COMMENT OF MANUFACTTTRER.

We are not quite clear what this refers to, but should judge a double-face

full-capacity beam for a wagon scale which can be read from either side is the

meaning of this paragraph.

STATEMENT OF COMMITTEE.

The specification in question refers only to counter scales and the

application of it to wagon scales is in error. Also, moving poises or beams, counterpoise weights placed on an open counterpoise, etc., are not within the terms of the specification, since weights when so added and used are "visible." On some counter scales, however,

weights are so inclosed or incased that they can be attached to the

moving parts of the scales while out of sight, and it is to such weights

as these that the specification applies.

COUNTER BALANCES AND SCALES—SPECIFICATION NO. 10. TEXT.

All scales shall be so constructed that when a weight whose body has approximately equal diameter and height and which represents one-half of the capacity

of the scale, is shifted in any direction on the weight plate or on the commodity

plate, pan, or scoop, to a point one-half the distance between the center and

the edge of the weight plate or the commodity plate, pan, or scoop, the additional

resulting error in the weight indication, due to this cause alone, shall not ex- ceed the tolerance allowed on a part of a scale not requiring the employment

of removable weights, at the load in question : Provided, however, that in this

test, the edge of the weight shall not be made to project over the edge of the

weight plate or the commodity plate, pan, or scoop. COMMENT OF MANUFACTUREH.

It seems to us this specification is not quite explicit in defining the location

of the weight and would suggest the following: When a weight whose body
224 BUREAU OF STANDARDS.

has approximately equal diameter and height and which represents one-half

of the capacity of the scale is shifted on the weight plate or commodity plate or scoop to a point where the center of the weight corresponds approximately

with one-half the distance between the center and edge of the weight plate, or the commodity plate or scoop—provided, however, that in this test the weight

shall not project over the edge of the weight plate or commodity plate or scoop

the error should not exceed the allowable error for the scale at its full capacity.

In making tests of trip scales the weight on the opposite plate, pan, or scoop is to be located approximately in the center.

STATEMENT OF COMMITTEE.

It does not appear to the committee that the alternative wording

suggested is preferable to the original.

COUNTER BALANCES AND SCALES—SPECIFICATION NO. 12. TEXT.

All counter scales shall be in level. COMMENT OF MANTTFACTTJEEE.

Are not quite clear as to the meaning.

STATEMENT BY COMMITTEE.

This specification has two applications, only one of which is of interest to manufacturers. First, it requires that a scale shall be so constructed that when it is set upon a level surface it will comply with

the specifications and tolerances. Second, it requires that the user of

the scale shall keep it in a level condition so that it will remain

accurate while it is being used. .

COUNTER BALANCES AND SCALES—TABLE OF SENSIBILITY RECIPROCALS.

COMMENTS OF MANUFACTURERS.

Tabulation of maximum sensibility reciprocal has no denomination indicated.

Presume these tolerances are in ounces.

* * * While the table given * * * is not expressed in values—that is, whether the same are pounds or ounces—we assume that this table is made on

the basis of proportion of capacity to maximum sensibility reciprocal allowed.

STATEMENT OF COMMITTEE.

The omission of the column headings was a typographical error. The assumption that the first column should be headed " pounds,"

and the second column " oimces," is correct. The assumption that

the table is made on the basis of a proportion is not correct.

COUNTER BALANCES AND SCALES—TOLERANCES.

TEXT.

Except on the special tests described above, the tolerances to be allowed in excess or deficiency on counter scales shall not be greater than the following

values : Provided, hoivever, That the manufacturers' tolerances or the tolerances

to be allowed on new counter scales, shall not be greater than one-half of the

values given ; * * *. COMMENT OF MANUFACTUEEE.

Specifications on tolerances for manufacturers, or on new scales, might be

made more definite. When does a " new " scale pass from one grade of tolerance

to another? From a manufacturer's standpoint, the moment a scale is unboxed,

set up, and used, it becomes subject to the full tolerance.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUEES. 225

STATEMENT OF COMMITTEE.

In those jurisdictions where it. is required that apparatus be sealed

before sale, in the factory of the manufacturer of, or dealer in, such

apparatus, the meaning of " new " apparatus is entirely without

ambiguity, since if the apparatus is to be sold as " new " apparatus,

it is always to be so considered when tested under the above-mentioned

conditions. In jurisdictions which require that apparatus be sealed

before it is put into use, all apparatus purchased as " new " apparatus,

which is sealed for the first time and in accordance with the requirements of the law, is " new " apparatus.

It is equally clear that where apparratus is sealed for the second

time in the store of the merchant such apparatus is no longer " new " apparatus.

One case still remains, where a merchant purchases apparatus as " new " apparatus and puts it into use and uses it for some time

before the inspection by the official is made. In cases of this kind

the judgment of the official must enter as the determining factor.

The tolerances for old apparatus have been increased on the assumption that apparatus subjected to usage w^ill necessarily deteriorate

If apparatus, being " new " when purchased, has been used so short

a time, for instance a week, that it necessarily can not, or should not,

have deteriorated any measurable extent, then the official will be

justified in treating the apparatus as " new " apparatus. If, on the

contrary, apparatus has been in use a sufficient length of time, for

instance several months or more, for some deterioration to have

occurred, then it must be treated as being no longer " new " apparatus within the meaning of the tolerances. " Eebuilt " apparatus should be treated as " new " apparatus. (For

the purpose of this requirement " rebuilt " apparatus may be defined

as that which has been returned to the factory of the original manufacturer for thorough repair or which has become the property of

some other manufacturer and has been repaired and resold by him.)

"Kepaired" apparatus should be treated as other than "new"

apparatus. ("Kepaired" apparati^s includes that which has been

mended or fixed up, other than in the manner described under

"rebuilt" above.)

COMPUTING SCALES—SPECIFICATION NO. 3.

TEXT.

The value graduations on all computing charts shall not exceed one cent on

all prices per pound up to and including 30 cents. At any higher price per

pound the value graduations shall not exceed two cents. Provided, however

that nothing in the above shall be construed to prevent the placing of a special

value graduation to represent each five cent interval. These special graduations may take the form of dots, staggered graduations or similar forms;

they shall be so placed that their meaning and value may be clearly understood, but they shall not be placed in the space between the regular graduations.

COMMENT OF MANUFACTUEEE.

This is illogical, impractical, unnecessary, and unfair. It will be readily seen that if specification No. 3 as drafted were enforced, it would limit the

utility of a computing scale and would discriminate in favor of the old-style

pound and ounce scale. The clause in its very wording admits that it is illogical, for it requires 2-cent graduations, and then carries a further provision

24309°—16 15
226 BUREAU OF STANDAEDS.

that every 5 cents be indicated. It is very confusing to have the two forms

of graduations. While there is a diversity of opinion as to whether pennies,

2 pennies, or 5 pennies should be shown on a computing chart, an investigation of' the practicability of charts, the way in which the charts are used,

the commodities sold over the scales in which the charts are used, etc., will

quickly settle the vexing problem. The 2-cent chart, from a merchant's

standpoint, is a nuisance. The problem is one susceptible of practical solution,

and we urge that the committee investigate for themselves and follow no one's

beliefs or ideas.

The laws in many States give to sealers of weights and measures specific

authority to inspect the value computations on computing scales. These laws were passed when there were numerous scales in existence and use in those

States with minimum graduations of 2 and 5 cents. The law did not anticipate nor require minimum graduations of values, but the law does require that

every value graduation' shall be accurately and correctly placed.

If the regulation in question were enforced, what would the sealer do in

those cases in which the price per pound at which the commodity is sold was

not upon a computing scale at all? What the law seeks to avoid is that any

of these instruments shall arbitrarily suggest and indicate to the user a wrong

value, but to attempt to say to the user of these devices that he can not use a particular one, in which all value indications are true and correct, because

it has not so many of such value graduations as some other device manufactured on a different plan, would be intolerable and against the spirit of our

laws.

It will be readily seen that unless some limitation can be suggested covering

the ordinary pound and ounce scale, so that it will be under the same restrictions as those mentioned in the proposed specifications, the specification in

question could not be enforced, being unwarranted discrimination under the

law and therefore unconstitutional.

The fact that there is a difference of opinion between weights and measures

officials, men who have given the subject considerable thought, as to the proper

method of graduating a computing chart indicates that the subject is not now

in such condition as to be susceptible to clear regulation. In Canada they

permit 5-cent graduations at the higher prices per pound. In certain States,

notably Minnesota, the regulations permit of 5-ceat graduations at the higher

prices per pound. In New York City every cent is required, regardless of the

fact that at the higher prices per pound the marks are so close together that it makes impossible a correct reading of values. Under the 1913 proposed regulations 2-cent graduations throughout the entire chart were proper. If the

committee's recommendation in 1913 was wrong, may not their action in 1914

be also wrong, especially when many men who have given as much if not more thought to the subject than the committee proposing the regulation, and

who have had experience in the field testing all kind of scales, think otherwise?

Aside from all other objection to the specification quoted above, it is exceedingly objectionable when read in connection with clauses 7 and 9, and makes

impossible the building of certain scales and materially limits the utility

of a computing scale. STATEMENT OF COMMITTEE.

The provision is said to be " illogical, for it requires 2-cent

graduations and then carries a further provision that every 5 cents

be indicated. It is very confusing to have two forms of graduations." The manufacturer has very evidently misread the specification. For first, the maker may choose between 1-cent and 2-cent

graduations at all prices above 30 cents, and thus the 2-cent graduation can not be said to be " required." And second, the maker may

or may not use the extra 5-cent graduation, as he sees fit, and therefore there is no compulsion that this " be indicated." If the manufacturer actually believes that the two forms of graduations are "confusing," then he is not required to use them. The committee

believes that inasmuch as " 5 cents' worth," " a quarter's worth," etc., are still often called for, and further, since the computing scale is

said to have the advantage of properly weighing out the amount
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 227

corresponding to a specified price, that the extra 5-cent mark is of

very great assistance to the user of the scale. Yet to allow 5-cent

marks exclusively or generally, without others, on account of this

occasional usefulness, when at all other points 1-cent or 2-cent marks

result in a much more accurate computation of price, would be a

very great mistake. Finally, the requirement that the 5-cent mark

be not placed " in the space between the regular graduations " appears to us to dispose completely of the contention that confusion

will be caused thereby.

The second contention that laws were passed in many States giving sealers the right to inspect the value computations on computing

scales and that at that time there were many scales in existence and

use in those States with minimum graduations of 2 and 5 cents and

that the laws did not anticipate nor require minimum graduations

of values, is not to our mind at all conclusive of the intention of the

legislators. We might as well presume that once the right to inspect

computing charts was given to the weights and measures officials, it

was supposed that by regulations he would require that accurate

charts be made, and enforce the use of such charts. If the 5-cent

chart can not be accurately used, and the committee is of this opinion, then it is the duty of the official to whom the power to inspect

charts has been given, to prohibit their use. The law does not, perhaps, give the official actual instructions as to what charts to con- demn, since the legislators can not, with any degree of efficiency,

write specifications into the law itself, but must of necessity leave

these to the officials enforcing the law, only requiring that these be

reasonable and justifiable and alike applicable to all charts.

The third contention expressed in the form of the question,

" What would the sealer do in those cases in which the price per

pound at which the commodity is sold was not upon the computing

chart at all ? "—is easily answered by stating that this is not of any

interest whatever to the official. If any certain price per pound is

not given upon the scale, it is sufficiently evident that the scale can

not be used directly to compute the total price at this unit price per

pound. On the contrary, when this unit price is given upon the instrument, it holds out that one will be able to compute total prices at

this price per pound accurately by the use of the instrument itself

and any regulation fairly tending to make it possible to do this and

to eliminate charts which make it impossible or even very difficult

to do this, is believed to be valid.

In answer to the argument that some similar limitation must be

suggested covering the ordinary pound and ounce scale, it may be

said that the specifications specifying the minimum play of the

beam and the maximum sensibility reciprocal in the case of counter

scales are analogous to the limitations imposed here. This is more

completely explained in the statement hereinafter included under

specification No. 8. There can of necessity be no exact equivalent

in terms, since the ordinary counter scale does not profess to compute total prices of various amounts at certain unit prices, and the

computing scale is sold upon this direct representation.

The contention that there is a difference of opinion between

weights and measures officials as to the proper method of graduating

a computing chart does not indicate that " the subject is not now in

such condition as to be susceptible of clear regulation," since differ-
228 BUEEAU OF STANDARDS.

ences of opinion are always bound to exist. This very difference of

opinion as expressed by various present regulations renders it imperative that a common ground upon which all can stand be prescribed, in order that a uniformity of regulation be secured. This,

we believe, has been found since this specification has been adopted

by the conference.

It is, then, necessary to limit the value of the smallest intervals

in order that accurate computed values may be obtained, and it is

equally necessary to put limitations on the minimum width of the

graduation lines and on the minimum clear space between them,

since otherwise, in order to meet this requirement, the manufacturers

might make the graduation lines so fine and the distance between

them so small that they would not be readable, and the very purpose of the specification would thereby be defeated. That this condition would be almost certain to obtain is exemplified by this very

argument in the sentence which reads, " In New York City every

cent is required, regardless of the fact that at the higher prices per

pound the marks are so close together that it makes impossible a cor- rect reading of values." Therefore specifications 7 and 9 are very

necessary ones in this connection if proper charts are to be obtained.

COMPUTING SCALES—SPECIFICATION NO. 5. TEXT.

All computing scales shall be equipped with weight indicators on both the

dealer's and customer's sides and their width shall not exceed 0.015 inch. The

distance between the chart and the weight indicators shall in no case exceed

0.06 inch. Both indicators shall reach to the graduated divisions and shall

indicate clearly and correctly.

COMMENT OF MANUFACTTTHER.

This regulation apparently was based on an inspection of one type of computing scale and should therefore not be published nor promulgated for general enforcement ; 0.015 of an inch may be a proper width for a value indi- cator such as is used on the barrel-type computing scale, but there are other

types of computing scales on which the indicator may be half an inch or even an inch wide and not be at all objectionable. The same statement is true re- garding the distance that the indicator must be from the chart. There are

certain kinds of indicators which if placed one-half inch from the chart would

give just as accurate an indication as if placed 0.06 of an inch from the chart.

To compel all computing scales, no matter on what plan manufactured, to come

within the narrow limits of the regulations as proposed would work a hardship which would scarcely be tolerated in law. Further, a very obvious objection to the proposed specification is that it requires more of computing scales

than it does of other counter scales, and there can be no warrant in law for

this. STATEMENT OF' COMMITTEE.

It is claimed that this specification was based on an inspection of

one type of computing scale and should therefore not be published

nor promulgated for general enforcement. This contention is also

made from time to time hereinafter, and it may be answered in this

place for all cases. This statement is not in accordance with the

facts. The committee was widely acquainted with the various types

of scales upon which regulations were promulgated and every specification was carefi;lly considered from all angles in order that no

injustice might be done.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 229

The first objection is that the indicator may be one-half inch or more wide and not be at all objectionable. The committee considered this matter and decided that the use of an indicator employing a reading edge, which is the construction evidently in the mind of

the manufacturer, is not satisfactory, and for this reason a narrow

indicator such as a thin wire or sharpened pointer should be used.

A reading edge which covers over a considerable portion of the graduated surface under observation is not satisfactory, since it results

in inaccuracy of readings, but this objection has no application in

the case of one which leaves nearly all the graduated surface under

observation exposed, which is the construction required by this

specification.

The second objection is to the maximum distance allowed between

the indicator and the chart. In making any reading of a point upon

a chart or face by means of an indicator placed in front of the chart or face, whether the indicator is stationary and the chart or face

revolves or the chart or face is stationary and the indicator passes over it, there will be some " parallax " ; that is, a change of reading

due to a change in the position of the observer's eye. On some scales

the error occurs when the movement of the point of observation is in a vertical direction, on others in a horizontal direction, and on still

others either of these movements will cause an error. In all cases, however, the greater the distance between the indicator

and the face or chart, the greater the " parallax," i. e., the greater the

error of the reading of the point for a certain change of position.

Since this introduces serious errors at times, it is important that the

distance between the indicator and the chart or face be made as small

as practicable, to the end that the error due to parallax be negligible or nearly so. The decision as to what this distance should be is necessarily an

arbitrary one, and must be determined by a consideration of the

difficulties of manufacture and the importance of probable errors. The 0.06 inch required was fixed with both these points in mind, and

the figure given is believed to be a perfectly just and fair one to all

concerned.

COMPUTING SCAIES—SPECIFICATION NO. 6. TEXT.

All computing scales shall be equipped with a value indicator on the dealer's

side, and its width shall not exceed 0.015 inch. 'The distance between the

chart and the value indicator shall in no case exceed 0,06 inch. This indicator

shall reach to each value graduation and shall indicate clearly and correctly.

COMMENT OF MANUFACTUEEE.

The same remarks apply * * *. [As to specification No. 5 above.]

STATEMENT OF COMMITTEE.

The same statement applies as to specification No. 5 above.

COMPUTING SCALES—SPECIFICATION NO. 7.' TEXT.

The weight graduations and the value graduations shall be clear and distinct,

but in no case shall their width be less than 0.008 inch.

' See also discussion on p. ]53.
230 BUREAU OF STANDAEDS.

COMMENT OF MANUFACTTTRER.

This seems to limit tlie size of value graduations in the wrong direction.

The wider the graduation the more room there is for fraud on the part of the

user, as more latitude is given for the passing of the value indicator over the

space occupied by such graduation, for the larger such value or weight graduation so much more will be the play between one edge of it and the other, and

hence the greater the opportunity for error. The finer such value and weight

graduations can be made and be clearly read, so much better and more accurate

is the device and so much less the variation.

STATEMENT OF COMMITTEE.

There is a very real need for the limitation of the value graduations in this way. For otherwise in endeavoring to crowd a large

number of graduations into a limited space, the lines might be made

so fine as to be very difficult to read. The committee has considered

that the limitation in the other direction is obtained by specification

No. 9, which requires a certain clear interval between graduation

lines, since it appeared that in order to get a satisfactory number of

graduations, especially value graduations at the higher prices per

potmd, in a certain space, the width of the lines would be held within

proper bounds. Moreover, it appeared that the apparent coarseness of very heavy lines upon a scale which purported to be an accurate

weighing device would preclude its sale, and therefore it manufacture would not be advisable. The fineness of the lines, on the contrary, although making the scale very difficult to read, might well be

unscrupulously used as an indication of the sensitiveness and accu- racy of the scale. Therefore, it was considered that a positive limitation was required in one direction while expediency would limit it in

the other. However, the committee sees no valid objection to placing a maximum limit upon the thickness of the lines and considers

that there might be some advantage in so doing.

As to the value prescribed here, after thorough investigation as to

the readability of lines of various thicknesses, the committee arrived

at the conclusion that 0.008 inch correctly represented the lower

limit which should be allowed, and the specification was written

accordingly.

COMPUTING SCALES—SPECIFICATION NO. 8.

TEXT.

The maximum value of the weight graduations on computing scales used in

the sale of foodstuffs at retail shall be one ounce. COMMENT OF MANUFACTURER.

This discriminates against computing scales. There is nothing in the pro- posed specifications which imposes a like limitation upon other counter scales,

and if such a specification should receive the sanction of the weights and measures department of any State it could not be enforced unless a like limitatioa was imposed upon other counter scales used in the purchase and sale of like

commodities.

STATEMENT OF COMMITTEE.

It is claimed that this specification requiring that the maximum

value of the graduation on computing scales used in the sale of foodstuffs at retail be 1 ounce " discriminates against computing scales."

This is not a correct statement. Specification No. 4, under the head-
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 231

ing " Spring scales," and specification No. 11, under the heading

" Counter balances and scales," applies exactly the same requirement to spring scales and to counter scales having a reading face.

In the event that a counter scale does not have a reading face or

dial an analogous requirement is enforced for scales of this type

by providing a minimum drop or fall in specification No. 7, or for a minimum angular play or minimum swing between stops or over

a face or arc in specification No. 8, taken in connection with the specified sensibility reciprocal which is given under that heading.

Of necessity the regulation can not be exactly similar, since there

is no exactly similar part which can be regulated. The nearest approach which can be made is to require that an amount which is

readable upon a scale which has a face or dial shall also be readable

when some other form of indicating mechanism is employed. If this

requirement is fulfilled then certainly no discrimination can be urged

by the manufacturer of automatic scales.

On automatic scales used in the sale of foodstuffs at retail the maximum value of the graduation shall be 1 ounce and the minimum

space on the dial represented by the minimum weight graduation

shall be 0.018 inch (0.04 inch, the minimum clear space between

graduations plus 0.008 inch, the minimum width of the graduation

line).

It follows that the minimum movement required for one-half ounce is 0.024 inch and for one-quarter ounce is 0.012 inch.

We may take several representative cases of counter scales of vari- ous capacities and compare the movement of the beam required at the

indicating point for the weights mentioned above.

For an even-arm scale having a capacity of 4 pounds a weight of

one-quarter ounce (the maximum allowable sensibility reciprocal)

shall cause a minimum movement of the main lever of 0.175 inch

(half the minimum total drop or fall of 0.35 inch required by specification No. 6). This is more than 14 times the movement required

of automatic scales, computed above.

In the same way for an even-arm scale having a capacity of 12

pounds, a weight of one-half ounce shall cause a minimum movement of the main lever of 0.25 inch; and when the capacity is 30

pounds a weight of 1 ounce shall cause a movement of 0.5 inch.

Both of these distances are more than ten times as great as the

distance which the pointer must travel on a scale with a reading

face or dial. It is proper that the distance should be greater in the

case of an equal-arm scale of the usual type than in the case of a

scale with a reading face or dial, since better reference points are

established in the latter case, and the distances given in each case

in the specifications under consideration appear to the committee,

after due investigation, to be proper and equitable ones. In the case of unequal-arm scales, such as are mentioned in specification No. 7, not provided with a trig-loop or graduated scale or arc for establishing the proper position of balance of the beam, the

distance of travel of the end of the beam will in general be greater

than in the case of equal-arm scales ; and in the case of scales having

a trig-loop or graduated scale or arc the distance will be somewhat

less in a few cases, but nevertheless sufficient in view of the better

reference point.
232 BUREAU OF STANDAEDS.

A study of the above figures will clearly indicate that any quantity readable on an automatic scale is also readable on a counter

scale, and the claim that computing scales are discriminated against

is quickly seen to be an unwarranted one.

COMPUTING SCALES—SPECIFICATION NO. 9. TEXT.

The clear interval between the weight graduation marks on all computing

scales shall not be less than 0.04 inch. The clear interval between the value

graduation marks on all computing scales shall not be less than 0.02 inch.

Provided, however, that the latter requirement shall not be construed to apply

to the special value graduation denoting the five-cent interval, mentioned heretofore. COMMENT OF MANTTFACTTIREK.

This is discriminating and unfair and was evidently aimed at what are known as fan-shaped computing scales in favor of cylinder scales. The enforcement of the proposed specification would result in the condemnation and confiscation of certain fan-shaped computing scales, upon which every weight and

value indication is absolutely accurate, and which scales are as accurate and as

susceptible of correct reading as any computing scale on the market, and for

many uses superior to other types. This regulation seems particularly unnecessary in view of proposed regulation No. 3. There is no sound argument for

this difference of interval in the weight and value graduations.

This is a partisan piece of legislation, which, it is respectfully submitted,

should not receive the sanction of the officials of weights and measures.

STATEMENT OF COMMITTEE.

This specification applies to every computing scale, and affects each

type in exactly the same way, whether cylindrical, fan-shaped, or

otherwise. The committee fails to understand, therefore, how such a regulation can be said to be " discriminating and unfair and aimed

at what are known as fan-shaped computing scales in favor of cylinder scales." The argument that this specification would result in the

condemnation of scales now in use is now disposed of, since this re- quirement has been placed in the nonretroactive class and merely

forbids the further manufacture of these scales.

This regulation is particularly necessary in view of specification

No. 3, as has been pointed out in the last paragraph of the statement

made under that specification.

The comniittee believes that graduations should be at least 0.04

inch apart in order that they may be read with a fair degree of accu- racy by the ordinary person. Therefore, in all cases where the graduations are intended for or must be used by the purchaser the 0.04

inch spacing must be rigidly adhered to. The committee feels, however, that the user of a computing scale might find it possible to

read graduations 0.02 inch apart with a fair degree of accuracy, but

only because of the experience which he acquires from the constant

use of the scale. This spacing is therefore allowed for value

graduations.

Furthermore, the committee believes that there is another " argument for the difference between the weight and value graduations."

Since no higher than 2-cent graduations are allowed, it will not be

necessary to subdivide the spaces betAveen the graduations with the

eye into finer subdivisions than halves to obtain values correct to
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 233

within 1 cent, our smallest coin. Therefore these graduations may

be permitted to be closer together than the weight graduations, since

the spaces between the latter must sometimes be subdivided by the

eye into finer subdivisions than halves to obtain an accuracy to the

neairest cent.

COMPUTING SCALES—SPECIFICATION NO. 14.

TEXT.

All devices intended to increase the capacity of computing scales by the addition of an added weight or weights shall operate properly irrespective of the

speed with which they are manipulated.

COMMENT OF KANUFACTUKEE.

This is aimed expressly at a feature of the scale, so well covered by

letters patent of the United States that no other company has ever dared to imitate it. The scale in question is a particularly popular one, extremely useful

when a wide range of prices is necessary. Naturally competitors and others

friendly to such competition, not being able to manufacture or use the device

without the consent of the Co., because of such patent, would seek

to hamper its use. There is no good reason why this device should be singled

out more than any other device and made the subject of a special regulation,

which might, in the hands of a sealer, be misunderstood and abused, because

there is a speed beyond which no device can operate, and the manipulation to which this special feature is subjected is no more than the manipulation to which any scale might be subjected by a user intending to defraud his cus- tomers. The chance of perpetrating fraud with this scale is most remote.

There are many inherent weaknesses in scales whch have been overlooked

and ignored by the committee in framing the regulations, and why they should

pick out this one particular point is beyond our comprehension.

STATEMENT OF COMMITTEE.

When a device, which affects the indications of a scale, can be

operated in what appears to be a reasonable manner, and will then

cause seriously incorrect results in the indications, it becomes neces- sary to require that it be so constructed that the weight indications

will be correct. The specification will only affect any device if such

device will not operate at varying speeds of manipulation. Therefore, the tacit admission in the manufacturer's comment above, that

the device, which the manufacturer has in mind, may be manipulated to perpetrate fraud is strongly indicative of the necessity of

the specification. The committee believes that any device, the speed

of operation of which will affect the indications of the scale, is likely

not only to facilitate fraud, but also to give incorrect results un- known to the user, and that such a device-, therefore, should be

prohibited.

The committee calls attention to specification No. 3 under the heading "Measuring pumps," which contains a similar requirement in

the words : " The amount delivered shall not vary by more than the

tolerance allowed, irrespective of the speed with which the pump is

operated.

Lastly, the statement that "many inherent weaknesses in scales

* * * have been overlooked and ignored by the committee," is not

sufficiently specific to make it possible for the committee to take

under advisement the defects that the manufacturer may have had

in mind. It is to be regretted that he was not more definite, as the
234 BITEEAU OF STANDARDS.

committee has earnestly endeavored to draft specifications that would

eliminate weaknesses and defects in apparatus, and manufacturers

would render a great service by pointing out such defects as may

have come to their attention.

PREVIOUS lACK OF CLASSIFICATIOIT.

COMMENT OF MANUFACTUEEE.

The committee, in its recommendations, does not make it clear which of these

regulations, if any, should be retroactive. No regulations other than those

which apply specifically to the honesty of the scale should be retroactive.

Scales made years ago, prior to the existence of the specifications, which scales

weigh accurately to-day and compute accurately, should not be subjected to regulations regarding the graduations on the chart. If the device which the

dealer is using is actually dishonest and inaccurate, then under the general

police powers inherent in the State its use ought to be prohibited.

STATEMENT BY COMMITTEE.

It was never the intention—either of the committee, in framing the

specifications, or the conference in adopting them—^that all of them

should be retroactive in their effect, but the decision in specific cases was left to the administrative officers enforcing the specifications in

his jurisdiction. Also before the issuance of the advance report the

committee had decided that in order to promote uniformity in the en- forcement of the specifications in the various jurisdictions in which

they were adopted, the list of nonretroactive specifications should be

included in the specifications themselves. Only lack of time to consider each specification in detail prevented the issuance of this list in

the advance report. The matter was taken care of, however, in the

amendments proposed by the committee at the conference and the

suggested list was accepted by the conference. The above objection

was disposed of by this action, since among those specifications which

were made nonretroactive were ones referring to the graduations on

the chart.
APPENDIX 3.—MODEL STATE LAW ON WEIGHTS AND

MEASURES.^

The model law is given below in three forms. The following is a

brief description of these forms and of the local conditions in which

each will be found to be peculiarly applicable

FORM NO. 1.

This form provides that the entire weights and measures inspection system shall be in the hands of a State department and that the

weights and measures laws shall be wholly enforced by men in the

service of the State.

This form is intended primarily for States having a comparatively

small population per unit of area and few large centers of population

;

and, secondarily, for those States in which it is believed that such a law can be most competently enforced by a centralization of power.

form: no 2.

This form provides that the State shall take entire charge of the

enforcement of the law in those jurisdictions in which the population

per unit of area is so small that local authority can not enforce the

provisions with the highest efficiency, and that in those jurisdictions

where the population is large enough to justify it a local inspection

service under the supervisory authority of the State department shall

take up the enforcement of the provisions of the law.

This form is primarily intended for those States having part of

their territory thickly settled and other parts only thinly settled.

FORM NO. 3.

This is the original form of the model law and provides for the

enforcement of the provisions by local inspectors in each city and

each county, all under the general supervisory control of a State

department of weights and measures. This form is intended for those States having a large population

per unit of area and none or but few sections which are sparsely

settled.

TEXT, FOHM NO. 1.

Section 1. The weights and measures received from the United States under

joint resolutions of Congress approved June 14, 1836, and July 27, 1866, and

such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and

such as shall be supplied by the State in conformity therewith and certified by

1 This model law was drafted by the National Bureau of Standards and indorsed by

the Eighth National Conference on Weights and Measures, and amended by the tenth

conference. 235
236 BUREAU OF STANDARDS.

the National Bureau of Standards shall be the State standards of weights and

measures.

Sec. 2. In addition to the State standards of weights and measures, provided

for above, there shall be supplied by the State at least one complete set of

copies of these, to be kept at all times in the office of the State superintendent

(commissioner) and to be known as office standards; and such other weights, measures, and apparatus as may be found necessary to carry out the provisions

of this act, to be known as working standards. Such weights, measures, and

apparatus shall be verified by the State superintendent (commissioner), or his

deputy, or inspectors, at his direction, upon their initial receipt and at least once in each year thereafter, the office standards by direct comparison with the

State standards, the working standards by comparison with the office standards.

When found accurate upon these tests the office and working standards shall

be sealed by stamping on them the letter " — " and the last two figures of the

year with seals which the State superintendent (commissioner) shall have and

keep for that purpose. The office standards shall be used in making all comparisons of weights, measures, and weighing or measuring devices submitted

for test in the office of the superintendent (commissioner) and the State standards shall be used only in verifying the office standards and for scientific purposes.

Sec. 3. There shall be a State superintendent (commissioner) of weights and

measures, who shall be appointed by the governor, by and with the advice and

consent of the senate. Such superintendent (commissioner) shall be appointed

for a term of five years, and shall receive a salary of $ a year. There

shall be a deputy superintendent (commissioner) of weights and measures and

inspectors of weights and measures, the deputy to be appointed by the superintendent (commissioner) of weights and measures and to hold office during the

superintendent's (commissioner's) term of office, the inspectors to be appointed

from an eligible list prepared by the civil service board and under the rules of

said board. The superintendent (commissioner) of weights and measures shall

be allowed for salaries for the deputy superintendent (commissioner) of weights

and measures, inspectors of weights and measures, clerical services, traveling

and contingent expenses for himself, his deputy, and inspectors such sums as

shall be appropriated by the legislature. Sec. 4. The State superintendent (commissioner) of weights and measures

shall forthwith, on his appointment, give a bond in the penal sum of $5,000,

with sureties, to be approved by the secretary of state (attorney general) for

the faithful performance of the duties of his office and for the safe-keeping of

the standards intrusted to his care and for the surrender thereof immediately

to his successor in office or to the person appointed by the governor to receive

them. The deputy superintendent (commissioner) of weights and measures and each inspector of weights and measures shall forthwith upon his appointment give a bond in the penal sum of $1,000, with sureties, to be approved by

the secretary of state (attorney general), for the faithful performance of the

duties of his office and for the safe-keeping of any apparatus intrusted to his care. Sec. 5. The superintendent (commissioner) of weights and measures shall

take charge of the standards adopted by this act as the standards of the State,

and cause them to be kept in a fireproof building belonging to the State (or in a

safe and suitable place in the office of the superintendent (commissioner) ), from

which they shall not be removed except for repairs or for certification, and he shall

take all other necessary precautions for their safe-keeping. He shall maintain

the State standards in good order and shall submit them at least once in ten

years to the National Bureau of Standards for certification. He shall keep a

complete record of the standards, balances, and other apparatus belonging to the

State and take a receipt for same from his successor in office. He shall annually, on the first day of , make to the governor a report of all work done

by his office. Sec. 6. The State superintendent (commissioner) of weights and measures

shall have and keep a general supervision of the weights, measures, and weighing or measuring devices, offered for sale, sold, or in use in the State. He or

his deputy, or inspectors at his direction, shall, upon the written request of any

citizen, firm, corporation, or educational institution in the State, test or calibrate

weights, measures, and weighing or measuring devices used as standards in the

State. He, or his deputy, or inspectors, at his direction, shall at least once annually test all scales, weights, and measures used in checking the receipts or disbursements of supplies in every institution for the maintenance of which
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 237

moneys are appropriated by the legislature, and he shall report in writing his

findings to the supervisory board and to the executive otticer of the institution

concerned, and, at the request of suqh board, or executive officer, the superintendent (commissioner) of weights and measures shall appoint in writing one

or more employees then in the actual service of the institution who shall act as

special deputies for the purpose of checking the receipts or disbursements of

supplies. Sec. 7. When not otherwise provided by law the State superintendent (commissioner) shall have the power, and it shall be his duty to inspect, test, try,

and ascertain if they are correct, all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale, sold, or used or employed by any

proprietor, agent, lessee, or employee in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption purchased or offered or submitted by such person or persons for

sale, hire, or award, and he shall have the power to and shall from time to time

weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered or exposed for sale, or sold or in

the process of delivery in order to determine whether the same contain the

amounts represented, and whether they be offered for sale or sold in a manner

in accordance with law. He shall at least twice each year and as much oftener as he may deem necessary see that all weights, measures, weighing or measuring

devices used are correct. He may for the purpose above mentioned, and in the

general performance of his official duties, enter and go into or upon, and without formal warrant, any stand, place, building, or premises, or stop any vender,

peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any person

whatsoever, and require him, if necessary, to proceed to some place which the

State superintendent (commissioner) may specify, for the purpose of making

the proper tests. Whenever the State superintendent (commissioner) finds a

violation of the statutes relating to weights and measures, he shall cause the

violator to be prosecuted.

Sec. 8. Whenever the State superintendent (commissioner) compares weights,

measures, or weighing or measuring devices and finds that they correspond or causes them to correspond with the standards in his possession, he shall seal or mark such weights, measures, or weighing or measuring devices with appropriate devices. Sec. 9. The State superintendent (commissioner) shall condemn and seize and

may destroy incorrect weights, measures, or weighing or measuring devices

which, in his best judgment, are not susceptible of satisfactory repair; but such as are incorrect and yet, in his best judgment, may be repaired, he shall mark

or tag as " Condemned for repairs," The owners or users of any weights,

measures, or weighing or measuring devices of which such disposition is made,

shall have the same repaired and corrected within ten days, and they may

neither use nor dispose of the same in any way, but shall hold the same at the

disposal of the superintendent (commissioner). Any weights, measures, or weighing or measuring devices which have been " condemned for repairs," and

have not been repaired as required above, shall be confiscated by the superintendent (commissioner).

Sec. 10. The powers and duties given to and imposed on the State superintendent (commissioner) of weights and measures by sections 7, 8, and 9 of this act are hereby given to and imposed upon his deputy and inspectors also, when

acting under his instructions and at his direction. Sec. 11. The superintendent (commissioner) of weights and measures, his

deputy and inspectors, are hereby made special policemen, and are authorized

and empowered to arrest, without formal warrant, any violator of the statutes

in relation to weights and measures, and to seize for use as evidence, without

formal warrant, any false or unsealed weight, measure, or weighing or measuring device or package or amounts of commodities found to be used, retained, or

offered or exposed for sale or sold in violation of law.

Sec. 12. Any person who shall hinder or obstruct in any way the superintendent (commissioner) of weights and measures, his deputy, or inspectors, in

the performance of his official duties shall be guilty of a misdemeanor, and upon

conviction thereof in any court of competent jurisdiction shall be punished by

a fine of not less than $20 or more than $200, or by imprisonment in the county

jail for not more than three months, or by both such fine and imprisonment.

Sec. 13. Any person who shall impersonate in any way the superintendent

(commissioner) of weights and mensures, his deputy, or inspectors, by the use

of his seal or counterfeit of his seal, or otherwise, shall be guilty of a mis-
238 BTJEEATJ OP STANDABDS.

demeanor, and, upon conviction thereof in any court of competent jurisdiction,

sliall be punislied by a fine of not less tban $100 nor more than $500, or by

imprisonment for not more than one year, or by both such fine and imprisonment.

Sec. 18a. It shall be unlawful to sell, except for immediate consumption on

the premises, liquid commodities in any other manner than by weight or liquid

measure, or commodities not liquid in any other manner than by measure of

length, by weight, or by numerical count, unless otherwise agreed in writing

by the mutual consent of the buyer and seller: Provided, however. That

nothing in this section shall be construed to prevent the sale of fruits, vegetables, and other dry commodities in the standard barrel provided for in sec- tion 20 ; or of berries and small fruits in boxes as provided for in section 21

or of vegetables or fruits usually sold by the head or bunch, In this manner

Provided further, That nothing in this section shall be construed to apply to foodstuffs put up in original packages.

For the purposes of this section the term " original package " shall be con- strued to include a commodity in a package, carton, case, can, barrel, bottle,

box, phial, or other receptacle, or in coverings or wrappings of any kind, put up

by the manufacturer, which may be labeled, branded, or stenciled, or otherwise

marked, or which may be suited for labeling, branding, or stenciling, or marking otherwise, making one complete package of the commodity. The words

"original package" shall be construed to include both the wholesale and the

retail package.

For the purposes of this section the term " commodities not liquid " shall be

construed to include goods, wares, and merchandise which are not in liquid

form and which have heretofore been sold by measure of length, by weight, by

measures of capacity, or by numerical count, or which are susceptible of sale

in any of these ways.

Sec. 14. It shall be unlawful to sell or offer to sell any coal, coke, or charcoal

in any other manner than by weight. It shall be unlawful for any person to deliver any coal, coke, or charcoal without each such delivery being accompanied by a delivery ticket and a duplicate thereof, on each of which shall be

in ink or other indelible substance, distinctly expressed in pounds, the gross

weight of the load, the tare of the delivery vehicle, and the quantity or quantities of coal, coke, or charcoal contained in the vehicle used in such deliveries,

with the name of the purchaser thereof, and the name of the dealer from whom

purchased. One of these tickets shall be surrendered to the State superintendent

(commissioner), his deputy, or inspectors upon his demand for his inspection,

and this ticket or a weight slip issued by him when he desires to retain the

original shall be delivered to the said purchaser of said coal, coke, or charcoal, or his agent or representative at the time of the delivery of the fuel ; and the

other ticket shall be retained by the seller of the fuel. When the buyer

carries away the purchase, a delivery ticket showing the actual number of

pounds delivered to him must be given to him at the time the sale is made.

Sec. 15. It shall be unlawful to keep for the purpose of sale, offer or expose

for sale, or sell any commodity in package form unless the net quantity of the

contents be plainly and conspicuously marked on the outside of the package, in

terms of weight, measure, or numerical count: Provided, however, That reason- able variations or tolerances shall be permitted, and that these reasonable variations or tolerances and also exemptions as to small packages shall be established by rules and regulations made by the superintendent (commissioner) of

weights and measures: And provided, further, That this section shall not be

construed to apply to those commodities in package form the manner of sale

of which is specifically regulated by the provisions of other sections of

this act. The words " in package form " as used in this section shall be construed to in- clude a commodity in a package, carton, case, can, box, barrel, bottle, phial, or other receptacle, or in coverings or wrappings of any kind, put up by the manufacturer, or when put up prior to the order of the commodity, by the vendor,

which may be labeled, branded, or stenciled or otherwise marked, or which

may be suitable for labeling, branding, or stenciling, or marking otherwise,

making one complete package of the commodity. The words " in package form "

shall be construed to include both the wholesale and retail package.

Sec. 16. It shall be unlawful to keep for the purpose of sale, offer or expose

for sale, or sell any commodity composed in whole or in part of cotton, wool,

linen, or silk, or any other textile material on a spool or similar holder, or in a

container or band, or in a bolt or roll, or in a ball, coil, or skein, or in any
TENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES. 239

similar manner, unless the net amount of the commodity in terms of weight

or measure shall be definitely, plainly, and conspicuously marked on the principal label, if there be such a label; otherwise on a wrapping, band, or tag

attached thereto.

The words " spool or similar holder, container or band, bolt or roll, or ball,

coil, or skein " shall be construed to include the spool or similar holder, con- tainer or band, bolt or roll, or ball, coil, or skein put up by the manufacturer

;

or when put up prior to the order of the commodity, by the vendor. It shall

be held to include both the wholesale and the retail package.

Sec. 17. It shall be unlawful for any person to sell, or offer to sell any

butter, or renovated or process butter, or oleomargarine in any other manner

than by weight. It shall be unlawful for any person to put up, pack, or keep

for the purpose of sale, offer or expose for sale, or sell any butter, or renovated

or process butter, or oleomargarine in the form of prints, bricks, or rolls in any

other than the following sizes, to wit : One-quarter pound, one-half pound, one

pound, one and one-half pounds, or multiples of one pound. Each print, brick, or roll shall bear a definite, plain, and conspicuous statement of its true net

weight, on the principal label, where there be such a label, otherwise on the

outside wrapper thereof; such statement shall be in gothic type not less than

one-quarter inch square.

The prints, bricks, or rolls referred to in this section shall be construed to include those prints, bricks, or rolls put up by the manufacturer or producer

;

or when put up prior to the order of the commodity, by the vendor.

Sec. 18. All bread kept for the purpose of sale, offered or exposed for sale, or

sold shall be sold by weight. To each loaf of bread shall be attached a label

plainly showing its correct weight and the firm name of the manufacturer

thereof, the size of the label and type to be used to be specified by the State

superintendent (commissioner) of weights and measures. It shall be unlawful

for any person to make or keep for the purpose of sale, offer or expose for sale, or sell any bread other than such as shall be in accordance with the provisions

of this section. Sec. 19. Bottles used for the sale of milk or cream shall be of the capacity of

one-half gallon, three pints, one quart, one pint, one-half pint, and one gill.

Bottles or jars used for the sale of milk or cream shall have clearly blown

or otherwise permanently marked in the side of the bottle the capacity of

the bottle and the word " Sealed " ; and in the side or bottom of the bottle

the name, initials, or trade-mark of the manufacturer and a designating

number, which designating number shall be different for each manufacturer

and may be used in identifying the bottles. The designating number shall

be furnished by the State superintendent (commissioner) of weights and

measures upon application by the manufacturer, and upon the filing by the

manufacturer of a bond in the sum of $1,000, with sureties, to be approved by

the secretary of state (attorney general), conditioned upon his conformance

M'ith the requirements of this section. A record of the bonds furnished, and the

designating numbers and to whom furnished, shall be kept in the office of the

superintendent (commissioner) of weights and measures. Any manufacturer who sells or offers to sell milk or cream bottles to be used

in this State that do not comply as to size and markings with the provisions of

this section shall suffer a penalty of $500, to be recovered by the attorney general in an action against the offender's bondsmen to be brought in the name of

the people of the State. Any dealer who uses, for the purpose of selling milk

or cream, jars or bottles purchased after this law takes effect that do not comply with the requirements of this section as to markings and capacity shall be

deemed guilty of using a false or insufficient measure.

Sealers of weights and measures are not required to seal bottles or jars for

milk or cream marked as in this section provided, but they shall have the power

to and shall from time to time make tests on individual bottles used by the

various firms in the territory over which they have jurisdiction in order to ascertain if the above provisions are being complied with, and they shall immediately report violations found to the State superintendent (commissioner) of

weights and measures.

Sec. 20. The standard barrel for fruits, vegetables, and other dry commodities

other than cranberries shall be of the following dimensions when measured without distention of its parts : Length of staves, twenty-eight and one-half inches

;

diameter of heads, seventeen and one-eighth inches ; distance between heads,

twenty-six inches; circumference of bulge, sixty-four inches, outside measure- ment ; and the thickness of staves not greater than four-tenths of an inch : Pro-
240 BUREAU OF STANDARDS.

vided. That any barrel of a different form having a capacity of seven thousand

and fifty-six cubic inches shall be a standard barrel. The standard barrel for

cranberries shall be of the following dimensions when measured without distention of its parts : Length of staves, twenty-eight and one-half inches ; diameter

of heads, sixteen and one-fourth inches ; distance between heads, twenty-five and

one-fourth inches ; circumference of bulge, fifty-eight and one-half inches, out- side measurement ; and the thickness of staves not greater than four-tenths of an inch.

It shall be unlawful for any person to offer or expose for sale, sell, or ship

any other barrels for fruits, vegetables, or other dry commodities, or to offer or expose for sale, sell, or ship any fruits, vegetables, or other dry commodities

in other barrels than the standard barrels as defined in this section, or subdivisions thereof known as the third, half, or three-quarters barrel: Provided,

however. That nothing in this section shall apply to barrels used in packing or shipping commodities sold exclusively by weight or numerical count ; and pro- vided further. That no barrel shall be deemed below standard within the meaning of this section when shipped to any foreign country and constructed according to the specifications or directions of the foreign purchaser if not constructed

in conflict with the laws of the foreign country to which the same is intended

to be shipped.

Sec 21. It shall be unlawful to sell or offer to sell any berries or small

fruits in any other manner than by weight, or in the containers described in

this section. It shall be unlawful to procure or keep for the purpose of sale, offer or expose for sale, sell, or give away baskets or' other open containers for

beri'ies or small fruits, holding one quart or less, or to procure or keep for the

purpose of sale, offer or expose for sale, or sell berries or small fruits in baskets or other open containers, holding one quart or less, of any other than the

following capacities, when level full: One quart, one pint, or one-half pint,

standard dry measure.

Sec. 22. Whenever any commodity is sold on a basis of weight it shall be

unlawful to employ any other weight in such sale than the net weight of the

commodity ; and ail contracts concerning goods sold on a basis of weight shall be understood and construed accordingly. Whenever the weight of a commodity

is mentioned in this act it shall be understood and construed to mean the net weight of the commodity.

Sec. 23. Any person who, by himself or by his servant or agent, or as the

servant or agent of another person, shall offer or expose for sale, sell, use in the

buying or selling of any commodity or thing or for hire or award, or retain in

his possession a false weight or measure or weighing or measuring device, or any weight or measure or weighing or measuring device which has not been

sealed by the State superintendent (commissioner), or his deputy or inspectors, at his direction, within one year; or shall dispose of any condemned weight,

measure, or weighing or measuring device contrary to law, or remove any tag

placed thereon by the State superintendent (commissioner), or his deputy or

inspectors, at his direction; or who shall sell or offer or expose for sale less than the quantity he represents, or shall take or attempt to take more than

the quantity he represents, when, as the buyer, he furnishes the weight, measure, or weighing or measuring device by means of which the amount of com- modity is determined ; or who shall keep for the purpose of sale, offer or expose

for sale, or sell any commodity in a manner contrary to law ; or who shall violate any provision of this act for which a si)ecific penalty has not been provided, or who shall sell or offer for sale, or use or have in his possession for the purpose of selling or using any device or instrument to be used to or calculated to

falsify any weight or measure; shall be guilty of a misdemeanor, and shall be

punished by a fine of not less than $20 or more than $200, or by imprisonment

for not more than three months, or by both such fine and imprisonment, upon

a first conviction in any court of competent jurisdiction ; and upon a second or subsequent conviction in any court of competent jurisdiction he shall be punished by a fine of not less than $50 or more than $500, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.

Sec. 24. The word " pei-son " as used in this act shall be construed to import

both the plural and singular, as the case demands, and shall include corporations, companies, societies, and associations.

The words "weights, measures, or (and) weighing or (and) measuring devices," as used in this act shall be construed to include all M'eights, scales,

beams, measures of every kind, instruments and mechanical devices for weigh-
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUEBS. 241

ing or measuring, and any appliances and accessories connected witli any or all such instruments.

The words " sell " or " sale " as used in this act shall be construed to include

barter and' exchange.

TEXT, FOHM NO. 2.

Section 1. The weights and measures received from the United States under

joint resolutions of Congress approved June 14, 1836, and July 27, 1866, and such

new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as

shall be supplied by the State in conformity therewith and certified by the

National Bureau of Standards shall be the State standards of weights and

measures.

Sec. 2. In addition to the State standards of weights and measures, provided

for above, there shall be supplied by the State at least one complete set of

copies of these, to be kept at all times in the office of the State superintendent

(commissioner), and to be known as office standards; and such other weights,

measures, and apparatus as may be found necessary to carry out the provisions

of this act, to be known as working standards. Such weights, measures, and

apparatus shall be verified by the State superintendent (commissioner), or hia

deputy or inspectors, at his direction, upon their initial receipt and at least once in each year thereafter, the office standards by direct comparison with

the State standards, the working standards by comparison with the office standards. When found accurate upon these tests the office and working standards

shall be sealed by stamping on them the letter "—" and the last two figures of

the year with seals which the State superintendent (commissioner) shall have

and keep for that purpose. The office standards shall be used in making all comparisons of weights, measures, and weighing or measuring devices submitted

for test in the office of the superintendent (commissioner) and the State standards shall be used only in verifying the office standards and for scientific purposes. , Sec. 3. There shall be a State superintendent (commissioner) of weights and

measures, who shall be appointed by the governor, by and with the advice and

consent of the senate. Such superintendent (commissioner) shall be appointed

for a term of five years, and shall receive a salary of .$ a year. There shall be a deputy superintendent (commissioner) of weights and measures and inspectors of weights and measures, the deputy to be appointed by

the superintendent of weights and measures and to hold office during the

superintendent's (commissioner's) term of office, the inspectors to be appointed

from an eligible list prepared by the civil-service board and under the rules of

said board. The superintendent (commissioner) of weights and measures shall

be allowed for salaries for the deputy superintendent (commissioner) of

weights and measures. Inspectors of weights and measures, clerical services,

traveling and contingent expenses for himself, his deputy, and inspectors such sums as shall be appropriated by the legislature. Sec. 4. The State superintendent (commissioner) of weights and measures

shall forthwith, on his appointment, give a bond in the penal sum of $5,0(X),

with sureties, to be approved by the secretary of state (attorney general) for

the faithful performance of the duties of his office and for the safe-keeping of

the standards intrusted to his care and for the surrender thereof immediately

to his successor in office or to the person appointed by the governor to receive

them. The deputy superintendent (commissioner) of weights and measures and each inspector of weights and measures shall forthwith upon his appointment give a bond in the penal sum of $1,000, with sureties, to be approved by

the secretary of state (attorney general), for the faithful performance of the

duties of his office and for the safe-keeping of any apparatus intrusted to his

care.Sec. 5. The superintendent (commissioner) of weights and measures shall

take charge of the standards adopted by this act as the standards of the State,

and cause them to be kept in a fireproof building belonging to the State (or in a safe and suitable place in the office of the superintendent (commissioner)),

from which they shall not be removed except for repairs or for certification,

and he shall take all other necessary precautions for their safe-keeping. He

shall maintain the State standards in good order and shall submit them at

least once in ten years to the National Bureau of Standards for certification. 24309°—16 16
242 BUREAU OF STANDAEDS.

He shall keep a complete record of tlie standards, balances, and other apparatus

belonging to the State and take a receipt for same from his successor in office. He shall annually, on the first day of , make to the governor a report

of all work done by his office. Sec. 6. The superintendent (commissioner) of weights and measures, or his

deputy, or inspectors, at his direction, shall at least once in five years try and

prove by the office standards all standard weights, measures, and other ap- paratus which may belong to any county or city, required to appoint a sealer

and purchase and keep standards of weights and measures by the provisions

of this act, and shall seal such when found to be accurate by stamping on them

the letter " —" and the last two figures of the year with seals which he shall

have and keep for that purpose.

The State superintendent ( commissioner ) , or his deputy, or inspectors, at his

direction, shall inspect all standard weights, measures, and other apparatus

used by such counties and cities at least once in two years, and shall keep a

record of the same. He, or his deputy, or inspectors, at his direction, shall at

least once in two years visit these cities and counties for the purpose and In order to inspect the work of the local sealers, and in the performance of such

duties they may inspect the weights, measures, balances, or any other weighing

or measuring devices of any citizen, firm, or corporation, and shall have the same powers as the local sealer of weights and measures. The superintendent

shall issue from time to time regulations for the guidance of county and city

sealers, and the said regulations shall govern the procedure to be followed by

the aforesaid officers in the discharge of their duties. Sec. 7. The State superintendent (commissioner) of weights and measures,

shall have and keep a general supervision of the weights and measures, and

weighing or measuring devices offered for sale, sold, or in use in the State. He, or his deputy, or inspectors, at his direction, shall, upon the written request

of any citizen, firm, or corporation, or educational institution in the State test or calibrate weights, measures and weighing or measuring devices used as standards in the State. He, or his deputy, or inspectors, at his direction shall at least once annually test all scales, weights, and measures used in checking

the receipts or disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, and he shall

leport in writing his findings to the supervisory board and to the executive

officer of the institution concerned, and, at the request of such board or executive officer, the superintendent (commissioner) of weights and measures shall appoint in writng one or more employees then in the actual service of the

institution who shall act as special deputies for the purpose of checking the

receipts or disbursements of supplies. Sec. 8. When not otherwise provided by law the State superintendent (commissioner) shall have the power, and it shall be his duty in those parts of

the State in which a city or county sealer is not required to be appointed by the

provisions of this act, to inspect, test, try, and ascertain if they are correct

all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale, sold, or used or employed by any proprietor, agent, lessee, or employee in proving the size, quantity, extent, area, or measurement of

quantities, things, produce, or articles for distribution or consumption purchased or offered or submitted by such person or persons for sale, hire, or award; and he shall have the power to and shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind

kept for the purpose of sale, offered or exposed for sale, or sold or in the process of delivery, in order to determine whether the same contain the amounts

represented, and whether they be offered for sale or sold in a manner in

accordance with law. He shall at least twice each year and as much oftener as he may deem necessary see that all weights, measures, and weighing or measuring devices used are correct. He may for the purpose above mentioned,

and in the general performance of his official duties, enter and go into or upon,

and without formal warrant, any stand, place, building, or premises, or stop

any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any person whatsoever, and require him, if necessary, to proceed to some

place which the State superintendent (commissioner) may specify, for the

purpose of making the proper tests. Whenever the State superintendent (commissioner) finds a violation of the statutes relating to weights and measures,

he shall cause the violator to be prosecuted.

Sec. 9. Whenever the State superintendent (commissioner) compares weights,

measures, or weighing or measuring instruments and finds that they corre-
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 243

spend or causes them to correspond with the standards hi his possession, he

shall seal or mark such weights, measures, or weighing or measuring instruments with appropriate devices. Sec. 10. The State superintendent (commissioner) shall condemn and seize

and may destroy incorrect weights, measures, or weighing or measuring devices

which, in his best judgment, are not susceptible of satisfactory repair ; but such

as are incorrect and yet, in his best judgment, may be repaired, he shall marls

or tag as " Condemned for repairs." The owner or users of any weights,

measures, or weighing or measuring devices of which such disposition is made

shall have the same repaired and corrected within ten days, and they may

neither use nor dispose of the same in any way, but shall hold the same at the

disposal of the superintendent (commissioner). Any weights, measures, or weighing or measuring devices which have been " condemned for repairs," and

have not been repaired as required above, shall be confiscated by the superintendent (commissioner).

Sec. 11. The powers and duties given to and imposed upon the State superintendent (commissioner) of weights and measures by sections eight, nine, and

ten are hereby given to and imposed upon his deputy and inspectors also,

when acting under his instructions and at his direction. Sec. 12. There shall be a county sealer of weights and measures in each

county having a population of twenty thousand or more inhabitants, exclusive

of any city having a population of twenty-five thousand or more inhabitants

situated therein, according to the last official State or United States census, who

shall be appointed by the board of county commissioners from a list to be furnished by the civil-service board and under the rules of such board where such

board exists ; otherwise he shall be appointed by the board of county commissioners for a term of five years. He shall be paid a salary determined by such

board, said salary not to be less than $1,000 a year, and no fee shall be charged

by him or by the county for the inspection, testing, or sealing or the repairing or adjusting of weights, measures, or weighing or measuring devices. Whenever

the board of county commissioners of such a county shall deem it necessary, one

or more deputy sealers of weights and measures may be appointed and their sal- aries fixed as above. All deputies appointed shall have the same powers and

may perform the same duties as the county sealer, when acting under his

instructions and at his direction. Sec. 13. There shall be a city sealer of weights and measures in cities of

not less than twenty-five thousand population, according to the latest official State or United States census, to be appointed by the mayor from a list to be

furnished by the civil-service board and under the rules of such board where

such board exists ; otherwise he shall be appointed by the mayor, by and with

the advice and consent of the common council, for a term of five years. He

shall be paid a salary to be determined by the common council, said salary not

to be less than $1,000 a year, and no fee shall be charged by him or by the city

for the inspecting, testing, or sealing, or the repairing or adjusting of weights,

measures, or weighing or measuring devices. Whenever the mayor and com- mon council shall deem it necessary, one or more deputy sealers of weights and

measures may be appointed and their salary fixed as above. All deputies apI)ointed shall have the same powers and may perform the same duties as the city

sealer, when acting under his instructions and at his direction. In those cities in which no sealer is required by the above, the county sealer of the county, if such an officer is required to be appointed by the provisions of this act, shall

perform in said cities the duties and have like powers as in the county.

Sec. 14. Nothing in sections twelve and thirteen of this act shall be construed

to prevent two or more counties or a county and a city situated therein, each of

which are required to appoint sealers under the provisions of this act, from

combining the whole or any part of their districts, as may be agreed upon by

the boards of county commissioners of the counties, or such board of the county

and the mayor and common council of the city, with one set of standards and

one sealer, upon the written consent of the State superintendent (commissioner)

of weights and measures. A sealer appointed in pursuance of an agreement for

such combination shall, subject to the terms of his appointment, have the same

authority, jurisdiction, and duties as if he had been appointed by each of the

authorities who are parties to the agreement.

Sec. 15. The county or city sealer of weights and measures shall forthwith, on

his appointment, give a bond in the penal sum of $1,000, with sureties, to be

approved by the appointing power, for the faithful performance of the duties of

his office.
244 BUREAU OF STAKDABDS,

Sec. 36. The board of county commissioners of each county and the common

council of each city required to appoint a sealer under the provisions of this act shall procure at the expense of the county or city, and shall keep at all times a set of weights and measures and other apparatus as complete and of

such materials and construction as the said superintendent (commissioner) of

weights and measures may direct. All such weights, measures, and other apparatus having been tried and accurately proven by the State superintendent

(commissioner), shall be sealed and certified to by him as hereinbefore provided, and shall be then deposited with and preserved by the county or city

sealer as public standards for each county or city.

Whenever the board of county commissioners of such county or the common

council of such city shall neglect for six months so to do, the county auditor

of said county, or the city clerk (comptroller) of said city, on notification and

request by the superintendent (commissioner) of weights and measures, shall

provide such standards and cause the same to be tried, sealed, and deposited

at the expense of the county or city. Sec. 17. Where not otherwise provided by law, the county or city sealer shall

have the same powers and shall perform the same duties within his county or

city as are granted to and imposed upon the State superintendent (commissioner) of weights and measures by sections eight, nine, and ten of this act. See. 18. The county or city sealer shall keep a complete record of all of his

official acts, and shall make an annual report, duly sworn to, on the first day

of , to the State superintendent (commissioner) of weights and measures, on blanks furnished by the latter ; and also, any special reports that the latter

may request.

Sec. 19. The superintendent (commissioner) of weights and measures, his

deputy, and inspectors, and the county and city sealers and deputy sealers of

weights and measures, are hereby made special policemen and are authorized

and empowered to arrest, without formal warrant, any violator of the statutes

in relation to weights and measures, and to seize for use as evidence, without

formal warrant, any false or unsealed weight, measure, or weighing or measuring device or package or amount of commodity found to be used, retained, or

offered or exposed for sale or sold in violation of law.

Sec. 20. Any person who shall hinder or obstruct in any way the superintendent (commissioner) of weights and measures, his deputy, or Inspectors, or any county or city sealer or deputy sealer of weights and measures in the

performance of his official duties shall be guilty of a misdemeanor, and, upon

conviction thereof in any court of competent jurisdiction, shall be punished by

a fine of not less than $20 or more than $200, or by imprisonment in the county

jail for not more than three months, or by both such fine and imprisonment.

Sec. 21. Any person who shall impersonate In any way the superintendent

(commissioner) of weights and measures, his deputy, or inspectors, or any

county or city sealer or deputy sealer of weights and measures, by the use of

his seal or counterfeit of his seal, or otherwise, shall be guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction,

shall be punished by a fine of not less than $100 nor more than $500, or by

imprisonment for not more than one year, or by both such fine and imprisonment.

Sec. 21a. It shall be unlawful to sell, except for immediate consumption on

the premises, liquid commodities in any other manner than by weight or liquid

measure, or commodities not liquid in any other manner than by measure of

length, by weight, or by numerical count, unless otherwise agreed in writing

by the mutual consent of the buyer and seller : Provided, however. That nothing

in this section shall be construed to prevent the sale of fruits, vegetables, and

other dry commodities in the standard barrel provided for in secton 28; or of berries and small fruits in boxes as provided for in section 29 ; or of

vegetables or fruits usually sold by the head or bunch in this manner : Provided further. That nothing in this section shall be construed to apply to foodstuffs put up in original packages.

For the purposes of this section the term " original package " shall be con- strued to include a commodity in a package, carton, case, can, barrel, bottle,

box, phial, or other receptacle, or in coverings or wrappings of any kind, put

up by the manufacturer, which may be labeled, branded, or stenciled, or otherwise marked, or which may be suitable for labeling, branding, or stenciling, or marking otherwise, making one complete package of the commodity. The words

" original package " shall be construed to include both the wholesale and the

retail package.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUEES. 245

For the purposes of this section the term " commodities not liquid " shall

be construed to include goods, wares, and merchandise, which are not in liquid

form and which have heretofore been sold by measure of length, by weight,

by measures of capacity, or by numerical count, or which are susceptible of

sale in any of these ways.

Sec. 22. It shall be unlawful to sell or offer to sell any coal, coke, or charcoal in any other manner than by weight. It shall be unlawful for any per- son to deliver any coal, coke, or charcoal without each such delivery being

accompanied by a delivery ticket and a duplicate thereof, on each of which

shall be in ink or other indelible substance, distinctly expressed in pounds, the

gross weight of the load, the tare of the delivery vehicle, and the quantity

or quantities of coal, coke, or charcoal contained in the vehicle used in such

deliveries, with the name of the purchaser thereof, and the name of the dealer

from whom purchased. One of these tickets shall be surrendered to the State

superintendent (commissioner), his deputy, or inspectors, or a county or city

sealer or deputy sealer of weights and measures, upon his demand for his

inspection and this ticket or a weight slip issued by him when he desires to retain the original shall be delivered to the said purchaser of said coal, coke, or charcoal, or his agent or representative at the time of the delivery of the

fuel ; and the other ticket shall be retained by the seller of the fuel. When

the buyer carries away the purchase, a delivery ticket showing the actual

number of pounds delivered to him must be given to him at the time the

sale is made.

Sec. 23. It shall be unlawful to keep for the purpose of sale, offer or expose

for sale, or sell, any commodity in package form unless the net quantity of the contents be plainly and conspicuously marked on the outside of the package,

in terms of weight, measure, or numerical count: Provided, hoivever, That

reasonable variations or tolerances shall be permitted, and that these reasonable variations or tolerances and also exemptions as to small packages shall be

established by rules and regulations made by the superintendent (commissioner)

of weights and measures : And provided further, That this section shall not be

construed to apply to those commodities in package form, the manner of

sale of which is specifically regulated by the provisions of other sections of

this act. The words " in package form " as used in this section shall be construed to in- clude a commodity in a package, carton, case, can, box, barrel, bottle, phial, or

other receptacle, or in coverings or wrappings of any kind, put up by the manufacturer, or, when put up prior to the order of the commodity, by the vendor,

which may be labeled, branded, or stenciled, or otherwise marked, or which may

be suitable for labeling, branding, or stenciling, or marking otherwise, making

one complete package of the commodity. The words " in package form " shall

be construed to include both the wholesale and the retail package.

Sec. 24. It shall be unlawful to keep for the purpose of sale, offer or expose

for sale, or sell, any commodity composed in whole or in part of cotton, wool,

linen, or silk, or any other textile material on a spool or similar holder, or in a container or band, or in a bolt or roll, or in a ball, coil, or skein, or in any

similar manner, unless the net amount of the commodity in terms of weight

or measure shall be definitely, plainly, and conspicuously marked on the principal label, if there be such a label ; otherwise on a wrapping, band, or tag

attached thereto.

The words " spool or similar holder, container or band, bolt or roll, or ball,

coil, or skein" shall be construed to include the spool or similar holder, con- tainer or band, bolt or roll, or ball, coil, or skein put up by the manufacturer

;

or when put up prior to the order of the commodity, by the vendor. It shall be held to include both the wholesale and the retail package.

Sec. 25. It shall be unlawful for any person to sell, or offer to sell, any

butter or renovated or process butter or oleomargarine in any other manner

than by weight. It shall be unlawful for any person to put up, pack, or keep

for the purpose of sale, offer or expose for sale or sell any butter or reno- vated or process butter, or oleomargarine in the form of prints, bricks, or rolls in any other than the following sizes, to wit, one-quarter pound, one-half pound, one pound, one and one-half pounds, or multiples of one pound. Each print,

brick, or roll shall bear a definite, plain, and conspicuous statement of its true

net weight, on the principal label, where there be such a label, otherwise on the outside wrapper thereof; such statement shall be in Gothic type not

less than one-quarter inch square.
246 BUKEAU OF STAISTDAEDS.

The prints, bricks, or rolls referred to ia this section shall be construed to include those prints, bricks, or rolls put up by the manufacturer or producer;

or when put up prior to the order of the commodity by the vendor.

Sec. 26. All bread kept for the purpose of sale, offered or exposed for sale, or sold, shall be sold by weight. To each loaf of bread shall be attached a label

plainly showing its correct weight and the firm name of the manufacturer

thereof, the size of the label and type to be used to be specified by the State

superintendent (commissioner) of weights and measures. It shall be unlawful

for any person to make or keep for the purpose of sale, offer or expose for

sale, or sell, any bread other than such as shall be in accordance with the

provisions of this section. Sec. 27. Bottles used for the sale of milk or cream shall be of the capacity

of one-half gallon, three pints, one quart, one pint, one-half pint, and one

gill. Bottles or jars used for the sale of milk or cream shall have clearly

blown or otherwise permanently marked in the side of the bottle the ca- pacity of the bottle and the word " Sealed " ; and in the side or bottom of

the bottle the name, initials, or trade-mark of the manufacturer and a designating number, which designating number shall be different for each manufacturer and may be used in identifying the bottles. The designating number

shall be furnished by the State superintendent (commissioner) of weights and

measures upon application by the manufacturer, and upon the filing by the

manufacturer of a bond in the sum of $1,CKX), with sureties to be approved by

the secretary of state (attorney general) conditioned upon their conformance

with the requirements of this section. A record of the bonds furnished and

the designating numbers and to whom furnished shall be kept in the office of

the superintendent (commissioner) of weights and measures. Any manufacturer who sells or offers to sell milk or cream bottles to be used

in this State that do not comply as to size and markings with the provisions

of this section shall suffer a penalty of $500, to be recovered by the attorney

general in an action against the ofifender's bondsmen to be brought in the name

of the people of the State. Any dealer who uses, for the purpose of selling

milk or cream, jars or bottles purchased after this law takes effect that do not

comply with the requirements of this section as to markings and capacity shall

be deemed guilty of using a false or Insufficient measure.

Sealers of weights and measures are not required to seal bottles or jars for

milk or cream marked as in this section provided, but they shall have the

power to and shall from time to time make tests on individual bottles used

by the various firms in the territory over which they have jurisdiction in

order to ascertain if the above provisions are being complied with, and they

shall immediately report violations found to the State superintendent (commissioner) of weights and measures.

Sec. 28. The standard barrel for fruits, vegetables, and other dry commodities other than cranberries shall be of the following dimensions when measured

without distention of its parts : Length of staves, twenty-eight and one-half

inches; diameter of heads, seventeen and one-eighth inches; distance between

heads, twenty-six inches; circumference of bulge, sixty-four inches, outside

measurement; and the thickness of staves not greater than four-tenths of an

inch : Provided, That any barrel of a diiferent form having a capacity of seven thousand and fifty-six cubic inches shall be a standard barrel. The standard

barrel for cranberries shall be of the following dimensions when measured without distention of its parts : Length of staves, twenty-eight and one-half inches

diameter of heads, sixteen and one-fourth inches ; distance between heads,

twenty-five and one-fourth inches; circumference of bulge, fifty-eight and one- half inches, outside measurement ; and the thickness of staves not greater than

four-tenths of an inch.

It shall be unlawful for any person to offer or expose for sale, sell, or ship

any other barrels for fruits, vegetables, or other dry commodities, or to offer or expose for sale, sell, or ship any fruits, vegetables, or other dry commodities in

other barrels than the standard barrels as defined in this section, or subdivisions thereof known as the third, half, or three-quarters barrel : Provided, however, That nothing in this section shall apply to barrels used in packing or shipping commodities sold exclusively by weight or numerical count ; and provided

further. That no barrel shall be deemed below standard within the meaning of

this section when shipped to any foreign country and constructed according to the specifications or directions of the foreign purchaser if not constructed in conflict with the laws of the foreign country to which the same is intended to be

shipped.
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 247

Sec. 29. It shall be unlawful to sell or offer to sell any berries or small fruits

in any other manner than by weight, or in the containers described in this

section. It shall be unlawful to procure or keep for the purpose of sale, offer or expose for sale, sell, or give away baskets or other open containers for

berries or small fruits, holding one quart or less, or to procure or keep for

the purpose of sale, offer or expose for sale, or sell berries oo small fruits in

baskets or other open containers, holding one quart or less, of any other than

the following capacities, when level full : One quart, one pint, or one-half pint,

standard dry measure.

Sec. 30. Whenever any commodity is sold on a basis of weight, it shall be

unlaw to employ any other weight in such sale than the net weight of the commodity; and all contracts concerning goods sold on a basis of weight shall be

understood and construed accordingly. Whenever the weight of a. commodity

is mentioned in this act, it shall be understood and construed to mean the net weight of the commodity.

Sec. 31. Any person who, by himself or by his servant or agent, or as the

servant or agent of another person, shall offer or expose for sale, sell, use in

the buying or selling of any commodity or thing or for hire or award, or retain

in his possession a false weight or measure or weighing or measuring device or any weight, measure, or weighing or measuring device which has not been

sealed by the State superintendent (commissioner), or his deputy, or inspectors, or by a sealer or deputy sealer of weights and measures within one year, or

shall dispose of any condemned weight, measure, or weighing or measuring

device contrary to law, or remove any tag placed thereon by the State superintendent (commissioner), or his deputy, or inspectors, or by a sealer or deputy

sealer of weights and measures ; or who shall sell or offer or expose for sale

less than the quantity he represents, or shall take or attempt to take more than

the quantity he represents, when, as the buyer, he furnishes the weight, measure, or weighing or measuring device by means of which the amount of commoditiy is determined ; or who shall keep for the purpose of sale, offer or expose

for sale, or sell any commodity in a manner contrary to law ; or who shall

violate any provision of this act for which a specific penalty has not been pro- vided; or who shall sell or offer for sale, or use or have in his possession for

the purpose of selling or using any device or instrument to be used to or calculated to falsify any weight or measure, shall be guilty of a misdemeanor, and

shall be punished by a fine of not less than $20 or more than $200, or by

imprisonment for not more than three months, or by both such fine and imprisonment, upon a first conviction in any court of competent jurisdiction ; and

upon a second or subsequent conviction in any court of competent jurisdiction

he shall be punished by a fine of not less than $50 or more than $500, or by

imprisonment in the county jail for not more than one year, or by both such

fine and imprisonment.

Sec. 32. The word " person " as used in this act shall be construed to import

both the plural and singular, as the case demands, and shall include corporations, companies societies, and associations.

The words "weights, measures, or (and) weighing or (and) measuring

devices," as used in this act, shall be construed to include all weights, scales,

beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any appliances and accessories connected with any or

all such instruments.

The words "sell" or "sale" as used in this act, shall be construed to include

barter and exchange.

TEXT, FOEM NO. 3.

Section 1. The weights and measures received from the United States under

joint resolutions of Congress approved June 14, 1836, and July 27, 1866, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as

shall be supplied by the State in conformity therewith and certified by the

National Bureau of Standards, shall be the State standards of weights and

measures. Sec 2. In addition to the State standards of weights and measures, provided

for above, there shall be supplied by the State at least one complete set of copies

of these, to be kept at all times in the office of the State superintendent (commissioner) and to be known as oflice standards; and such other weights, meas-
248 BUREAU OF STANDARDS.

ures, and apparatus as may be found necessary to carry out the provisions of

this act, to be known as working standards. Such weights, measures, and

apparatus shall be verified by the State superintendent (commissioner) or his

deputy, or inspectors, at Ms direction, upon their initial receipt and at least once in each year thereafter, the oifice standards by direct comparison with the

State standards, the working standards by comparison with the office standards.

When found accurate upon these tests the office and working standards shall

be sealed by stamping on them the letter "—" and the last two figures of the

year with seals which the State superintendent (commissioner) shall have and

keep for that purpose. The office standards shall be used in making all comparisons of weights, measures, and weighing and measuring devices submitted

for test in the office of the superintendent (commissioner) and the State standards shall be used only in verifying the office standards and for scientific purposes.

Sec. 3. There shall be a State superintendent (commissioner) of weights and

measures, who shall be appointed by the governor, by and with the advice and

consent of the senate. Such superintendent (commissioner) shall be appointed

for a term of five years, and shall receive a salary of $ a year. There

shall be a deputy superintendent (commissioner) of weights and measures and

inspectors of weights and measures, the deputy to be appointed by the superintendent (commissioner) of weights and measures and to hold office during the

superintendent's (commissioner's) term of office; the inspectors to be appointed

from an eligible list prepared by the civil-service board and under the rules of

said board. The superintendent (commissioner) of weights and measures shall

be allowed for salaries for the deputy superintendent (commissioner) of

weights and measures, inspectors of weights and measures, clerical services,

traveling and contingent expenses for himself, his deputy, and inspectors such sums as shall be appropriated by the legislature. Sec. 4. The State superintendent (commissioner) of weights and measures

shall forthwith, on his appointment, give a bond in the penal sum of $5,000,

with sureties, to be approved by the secretary of state (attorney general) for

the faithful performance of the duties of his office and for the safe-keeping of

the standards intrusted to his care and for the surrender thereof immediately

to his successor in office or to the person appointed by the governor to receive

them. The deputy superintendent (commissioner) of weights and measures and each inspector of weights and measures shall forthwith upon his appointment give a bond in the penal sum of $1,000, with sureties, to be approved by

the secretary of state (attorney general), for the faithful performance of the

duties of his office and for the safe-keeping of any apparatus intrusted to his care. Sec. 5. The superintendent (commissioner) of weights and measures shall

take charge of the standards adopted by this act as standards of the State, and

cause them to be kept in a fireproof building belonging to the State (or in a

safe and suitable place in the office of the superintendent (commissioner) ), from

which they shall not be removed except for repairs or for certification, and he

shall submit them at least once in ten years to the National Bureau of Standards for certification. He shall keep a complete record of the standards, bal- ances, and other apparatus belonging to the State and take a receipt for the same from his successor in office. He shall annually, on the first day of , make to the governor a report of all work done by his office. Sec. 6. The State superintendent (commissioner) of weights and measures,

or his deputy, or inspectors, at his direction, shall at least once in five years try

and prove by the office standards all standard weights, measures, and other

apparatus which may belong to any county or city, and shall seal such when

found to be accurate by stamping on them the letter " — " and the last two

figures of the year \\ith seals which he shall have and keep for that purpose.

The State superintendent (commissioner), or his deputy, or inspectors, at his

direction, shall inspect all standard weights, measures, and other apparatus

used by the counties and cities at least once in two years, and shall keep a

record of the same. He, or his deputy, or inspectors, at his direction, shall at

least once in two years visit the various cities and counties of the State for

this purpose and in order to inspect the work of the local sealers, and in the

performance of such duties they shall have the same powers as the local sealer

of weights and measures. The superintendent (commissioner) shall issue from

time to time regulations for the guidance of county and city sealers, and the

said regulations shall govern the procedure to be followed by the aforesaid

officers in the discharge of their duties.
TEKTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 249

Sec. 7. The State superintendent (commissioner) of weights and measures

shall have and keep a general supervision of the weights, measures, and weighing or measuring devices offered for sale, sold, or in use in the State. He, or

his deputy, or inspectors, at his direction, shall, upon the written request of

any citizen, firm, corporation, or educational institution in the State, test or

calibrate weights, measures, and weighing or measuring devices, used as standards in the State. He, or his deputy, or inspectors, at his direction, shall at

least once annually test all scales, weights, and measures used in checking the

receipt or disbursements of supplies in every institution for the maintenance

of which moneys are appropriated by the legislature, and he shall report in

writing his findings to the supervisory board and to the executive officer of the

institution concerned, and, at the request of such board, or executive officer, the

superintendent (commissioner) of weights and measures shall appoint in writing one or more employees then in the actual service of the institution who

shall act as special deputies for the purpose of checking the receipts or disbursements of supplies. Sec. 8. There shall be a county sealer of weights and measures in each

county, who shall be appointed bj' the board of county commissioners from a list to be furnished by the civil-service board and under the rules of such board

where such board exists; otherwise he shall be appointed by the board of

county commissioners for a term of five years. He shall be paid a salary determined by such board, said salary not to be less than $1,000 a year, and no fee

shall be charged by him or by the county for the inspecting, testing, or sealing, or the repairing or adjusting of weights, measures, or weighing or measuring

devices. Whenever the board of county commissioners shall deem it necessary, one or more deputy sealers of weights and measures may be appointed and their

salaries fixed as above. All deputies appointed shall have the same powers and

may perform the same duties as the county sealer when acting under his

instructions and at his direction. Sec. 9. There shall be a city sealer of weights and measures in cities of not

less than twenty-five thousand population, according to the latest official State

or United States census, to be appointed by the mayor from a list to be furnished by the civil-service board and under the rules of such board where such

board exists; otherwise he shall be appointed by the mayor, by and with the

advise and consent of the common council, for a term of five years. He shall

be paid a salary to be determined by the common council, said salary not to be less than $1,000 a year, and no fee shall be charged by him or by the city

for the inspecting, testing or sealing, or repairing or adjusting of weights,

measures, or weighing or measuring devices. Whenever the mayor and com- mon council shall deem it necessary, one or more deputy sealers of weights

and measures may be appointed and their salary fixed as above. All deputies

appointed shall have the same powers and may perform the same duties as the

city sealer when acting under his instructions and at his direction.

In those cities in which no sealer is required by the above the county sealer

of the county shall perform in the said cities the duties and have like powers

as in the county.

Sec. 10. Nothing in sections eight and nine of this act shall be construed to prevent two or more counties, or a county and a city situated therein, from

combining the whole or any part of their districts, as may be agreed upon by

the boards of county commissioners of the counties, or such board of the county

and the mayor and common council of the city, with one set of standards and

one sealer, upon the written consent of the State superintendent (commissioner)

of weights and measures. A sealer appointed in pursuance of an agreement

for such combination shall, subject to the terms of his appointment, have the same authority, jurisdiction, and duties as if he had been appointed by each

of the authorities who are parties to the agreement.

Sec. 11. The county or city sealer of weights and measures shall forthwith, on his appointment, give a bond in the penal sum of $1,000, with sureties, to be

approved by the appointing power, for the faithful performance of the duties

of his office. Sec. 12. The board of county commissioners of each county and the common

council of each city required to appoint a sealer under the provisions of this act shall procure at the exi>ense of the county or city, and shall keep at all times a set of weights and measures and other apparatus, as complete and of

such materials and construction as the State superintendent (commissioner)

of weights and measures may direct. All such weights, measures, and other

apparatus having been tried and accurately proven by the State superintendent
250 BUREAU OF STANDARDS.

(commissioner) shall be sealed and certified to by him as hereinbefore provided, and shall be then deposited with and preserved by the county or city

sealer as public standards for each county or city.

Whenever the board of county commissioners of a county or the common

council of such city shall neglect for sis months so to do, the county auditor

of the county, or the city clerk (comptroller) of said city, on notification and

request by the superintendent (commissioner) of weights and measures, shall

provide such standards and cause the same to be tried, sealed, and deposited

at the expense of the county or city. Sec. 13. When not otherwise provided by law the county or city sealer shall

have the power and it shall be his duty within his county or city to inspect,

test, try, and ascertain if they are correct all weights, measures, and weighing

or measuring devices kept, offered, or exposed for sale, sold, or used or employed within the county or city by any proprietor, agent, lessee, or employee

in proving the size, quantity, extent, area, or measurement of quantities,

things, produce, or articles for distribution or consumption purchased or of- fered or submitted by such person or persons for sale, hire, or award; and

he shall have the power to and shall from time to time weigh or measure and

inspect packages or amounts of commodities of whatsoever kind kept for the

purpose of sale, offered or exposed for sale, or sold or in the process of delivery,

in order to determine whether the same contain the amounts represented,

and whether they be kept, offered or exposed for sale or sold in a manner in

accordance with law; he shall at least twice each year and as much oftener as he may deem necessary see that all weights, measures, and weighing or measuring devices used in the county or city are correct. He may for the

purpose above mentioned, and in the general performance of his official duties, enter and go into or upon, and without formal warrant, any stand, place,

building, or premises, or stop any vendor, peddler, junk dealer, coal wagon, ice

wagon, delivery wagon, or any person whomsoever, and require him, if necessary, to proceed to some place which the sealer may specify, for the purpose of

making the proper tests. Whenever the county or city sealer finds a violation

of the statutes relating to weights and measures, he shall cause the violator

to be prosecuted.

Sec. 14. Whenever the county or city sealer compares weights, measures, or weighing or measuring devices and finds that they correspond or causes them to correspond with the standards in his jrossession, he shall seal or mark such

weights, measures, or weighing or measuring devices with appropriate devices

to be approved by the State superintendent (commissioner) of weights and

measures.

Sec. 15. The county or city sealer shall condemn and seize and may destroy

incorrect weights, measures, or weighing or measuring devices which, in his

best judgment, are not susceptible of satisfactory repair ; but such as are incor- rect and yet, in his best judgment, may be repaired, he shall mark or tag as

" Condemned for repairs " in a manner prescribed by the State superintendent

(commissioner) of weights and measures. The owners or users of any weights,

measures, or weighing or measuring devices of which such disposition is made

shall have the same repaired and corrected within 10 days, and they may

neither use nor dispose of the same in any way, but shall hold the same at the disposal of the sealer. Any weights, measures, or weighing or measuring

devices which have been " condemned for repairs," and have not been repaired as required above, shall be confiscated by the sealer. . Sec. 16. The county or city sealer shall keep a complete record of all of his

official acts, and shall make an annual report to the board of county commissioners of the county or the mayor and common council of the city, and an an- nual report, duly sworn to, on the 1st day of , to the State superintendent

(commissioner) of weights and measures, on blanks to be furnished by the

latter; and also any special reports that the latter may request.

Sec. 17. The superintendent (commissioner) of weights and measures, his

deputy and inspectors, and the county and city sealers and deputy sealers of

weights and measures, are hereby made special policemen, and are authorized

and empowered to arrest, without formal warrant, any violator of the statutes

in relation to weights and measures, and to seize for use as evidence, without

formal warrant, any false or unsealed weight, measure, or weighing or measuring device or package or amount of commodity found to be used, retained, or

offered or exposed for sale or sold in violation of law.

Sec. 18. Any person who shall hinder or obstruct in any way the superintendent (commissioner) of weights and measures, his deputy or inspectors, or
TENTH ANNUAL CONFERENCE ON "WEIGHTS AND MEASURES. 251

any county or city sealer or deputy sealer of weights and measures in the

performance of his official duties shall be guilty of a misdemeanor, and upon

conviction thereof in any court of competent jurisdiction shall be punished by a fine of not less than $20 or more than $200, or by imprisonment in the county

jail for not more than three months, or by both such fine and imprisonment.

Sec. 19. Any jjerson who shall impersonate in any way the superintendent

(commissioner) of weiglits and measures, his deputy or inspectors, or any

county or city sealer, or deputy sealer of weights and measures, by use of his

seal or counterfeit of his seal, or otherwise, shall be guilty of a misdemeanor,

and upon conviction thereof in any court of competent jurisdiction shall be

punished by a fine of not less than $100 nor more than $500, or by imprisonment

for not more than one year, or by both such fine and imprisonment.

Sec. 19a. It shall be unlawful to sell, except for immediate consumption on

the premises, liquid commodities in any other manner than by weight or liquid

measure, or commodities not liquid in any other manner than by measure of

length, by weight, or by numerical count, unless otherwise agreed in writing

by the mutual consent of the buyer and seller: Provided, hoivever. That

nothing in this section shall be construed to prevent the sale of fruits, vegetables, and other dry commodities in the standard barrel provided for in section

26; or of berries and small fruits in boxes as provided for in section 27; or of

vegetables or fruits usually sold by the head or bunch, in this manner

Provided further, That nothing in this section shall be construed to apply to foodstuffs put up in original packages.

For the purposes of this section the term " original package " shall be con- strued to include a commodity in a package, carton, case, can, barrel, bottle,

box, phial, or other receptacle, or in coverings or wrappings of any kind, put up

by the manufacturer, which may be labeled, branded, or stenciled, or otherwise

marked, or which may be suitable for labeling, branding, or stenciling, or marking otherwise, making one complete package of the commodity. The words

" original package " shall be construed to include both the wholesale and the

retail package.

For the purposes of this section the term " commodities not liquid " shall be

construed to include goods, wares, and merchandise which are not in liquid

form and which have heretofore been sold by measure of length, by weight, by measures of capacity, or by numerical count, or which are susceptible of sale in

any of these ways.

Sec. 20. It shall be unlawful to sell or offer to sell any coal, coke, or charcoal in any other manner than by weight. It shall be unlawful for any person

to deliver any coal, coke, or charcoal without such delivery being accompanied

by a delivery ticket and a duplicate thereof, on each of which shall be in ink or other indelible substance, distinctly expressed in pounds, the gross weight

of the load, the tare of the delivery vehicle, and the quantity or quantities of

coal, coke, or charcoal contained in the vehicle used in such deliveries, with the

name of the purchaser thereof, and the name of the dealer from whom purchased. One of these tickets shall be surrendered to the sealer or deputy sealer

of weights and measures upon his demand for his inspection, and this ticket or a weight slip issued by him when he desires to retain the original shall be

delivered to the said purchaser of said coal, coke, or charcoal, or his agent or

representative at the time of the delivery of the fuel ; and the other ticket shall

be retained by the seller of the fuel. When the buyer carries away the purchase, a delivery ticket showing the actual number of pounds delivered to him

must be given to him at the time the sale is made.

Sec. 21. It shall be unlawful to keep for the purpose of sale, offer or expose

for sale, or sell any commodity in package form unless the net quantity of the

contents be plainly and conspicuously marked on the outside of the package, in

terms of weight, measure, or numerical count : Provided, however, That reasonable variations or tolerances shall be permitted, and that these reasonable variations or tolerances and also exemptions as to small packages shall be established

by rules and regulations made by the superintendent (commissioner) of weights

and measures: And provided, further, That this section shall not be construed

to apply to those commodities in package form the manner of sale of which

is specifically regulated by the provisions of other sections of this act. The words " in package' form " as used in this section shall be construed to in- clude a commodity in a package, carton, case, can, box, barrel, bottle, phial, or other receptacle, or in coverings or wrappings of any kind, put up by the manufacturer, or, when put up prior to the order of the commodity, by the vendor,

which may be labeled, branded, or stenciled, or otherwise marked, or which
252 BUREAU OF STANDAEDS.

may be suitable for labeling, branding, or stenciling, or marking otherwise,

making one complete package of the commodity. The word " package " shall be construed to include both the wholesale and retail package.

Sec. 22. It shall be unlawful to keep for the puiiwse of sale, offer or expose

for sale, or sell any commodity composed in whole or in part of cotton, wool,

linen, or silk, or any other textile material on a spool or similar holder, or in a

container or band, or in a bolt or roll, or in a ball, coil, or skein, or in any

similar manner, unless the net amount of the commodity in terms of weight or measure shall be definitely, plainly, and conspicuously marked on the principal

label, if there be such a label; otherwise on a wrapper, band, or tag attached

thereto.

The words " spool or similar holder, container or band, bolt or roll, or ball,

coil, or skein " shall be construed to include the spool or similar holder, con- tainer or band, bolt or roll, or ball, coil, or skein put up by the manufacturer;

or, when put up prior to the order of the commodity, by the vendor. It shall

be held to include both the wholesale and the retail package.

Sec. 23. It shall be unlawful for any person to sell or ofPer to sell any butter, or renovated or process butter, or oleomargarine In any other manner than by

weight. It shall be unlawful for any person to put up, pack, or keep for the

purpose of sale, offer or expose for sale, or sell any butter or renovated or

process butter, or oleomargarine in the form of prints, bricks, or rolls in any

other than the following sizes, to wit: One-quarter pound, one-half pound, one

pound, one and one-half pounds, or multiples of one pound. Each print, brick, or roll shall bear a definite, plain, and conspicuous statement of its true net

weight, on the principal label, where there be such label, otherwise on the

outside wrapper thereof; such statement shall be in gothic type not less than

one-quarter inch square.

The prints, bricks, or rolls referred to in this section shall be construed to include those prints, bricks, or rolls put up by the manufacturer or producer;

or, when put up prior to the order of the commodity, by the vendor.

Sec 24. All bread kept for the purpose of sale, offered or exposed for sale, or

sold, shall be sold by weight. To each loaf of bread shall be attached a label

plainly showing its correct weight and the firm name of the manufacturer

thereof, the size of the label and type to be used to be specified by the State

superintendent (commissioner) of weights and measures. It shall be unlawful

for any person to make or keep for the purpose of sale, offer or expose for

sale, or sell any bread other than such as shall be in accordance with the pro- visions of this section. Sec. 25. Bottles used for the sale of milk or cream shall be of the capacity

of one-half gallon, three pints, one quart, one pint, one-half pint, and one

gill. Bottles or jars used for the sale of milk or cream shall have clearly

blown or otherwise permanently marked in the side of the bottle the capacity

of the bottle, and the word " Sealed " ; and in the side or bottom of the bottle

the name, initials, or trade-mark of the manufacturer and a designating number, which designating number shall be different for each manufacturer and

may be used in identifying the bottles. The designating number shall be furnished by the State superintendent (commissioner) of weights and measures upon application by the manufacturer, and upon the filing by the manufacturer

of a bond in the sum of $1,000 with sureties to be approved by the secretary of

state (attorney general) conditioned upon their conformance with the requirements of this section. A record of the bonds furnished and the designating

numbers and to whom furnished shall be kept in the office of the superintendent

(commissioner) of weights and measures. Any manufacturer who sells or offers to sell milk or cream bottles to be used

in this State that do not comply as to size and markings with the "provisions of

this section shall suffer a penalty of $500, to be recovered by the attorney general in an action against the offender's bondsmen, to be^ brought iu the name

of the people of the State. Any dealer who uses, for the purpose of selling

milk or cream, jars or bottles purchased after this law takes effect that do not

comply with the requirements of this section as to markings and capacity shall

be deemed guilty of using a false or insufficient measure.

Sealers of weights and measures are not required to seal bottles or jars for

milk or cream marked as in this section provided, but they shall have thie power to and shall from time to time make tests on individual bottles used by

various firms in the territory over which they have jurisdiction in order to ascertain if the above provisions are being complied with, and they shall
TENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUEES. 253

immediately report violations found to the State superintendent (commissioner) of weiglits and measures.

Sec. 26. The standard barrel for fruits, vegetables, and other dry commodities other than cranberries shall be of the following dimensions when measured

without distention of its parts: Length of staves, twenty-eight and one-half

inches ; diameter of heads, seventeen and one-eighth inches ; distance between

heads, twenty-sis inches; circumference of bulge, sixty-four inches, outside

measurement ; and the thickness of staves not greater than four-tenths of an

inch : Provided, That any barrel of a different form having a capacity of seven thousand and fifty-six cubic inches shall be a standard barrel. The standard

barrel for cranberries shall be of the following dimensions when measured without distention of its parts : Length of staves, twenty-eight and one-half inches

;

diameter of heads, sixteen and one-fourth inches ; distance between heads,

twenty-five and one-fourth inches ; circumference of bulge, fifty-eight and one- half Inches, outside measurement ; and the thickness of staves not greater than

four-tenths of an inch.

It shall be unlawful for any person to offer or expose for sale, sell, or ship

any other barrels for fruits, vegetables, or other dry commodities, or to offer or expose for sale, sell, or ship any fruits, vegetables, or other dry commodities in

other barrels than the standard barrels as defined in this section, or subdivisions thereof known as the third, half, or three-quarters barrel ; Provided, however, That nothing in this section shall apply to barrels used in packing or shipping commodities sold exclusively by weight or numerical count ; and provided

further. That no barrel shall be deemed below standard within the meaning of

this section when shipped to any foreign country and constructed according to the specifications or directions of the foreign purchaser if not constructed in conflict with the laws of the foreign country to which the same is intended to be

shipped.

Sec. 27. It shall be unlawful to sell or offer to sell any berries or small fruits

in any other manner than by weight, or in the containers described in this

section. It shall be unlawful to procure or keep for the purpose of sale, offer or expose for sale, sell, or give away baskets or other open containers for berries or small fruits, holding one quart or less, or to procure or keep for the purpose

of sale, offer or expose for sale, or sell berries or small fruits in baskets or other open containers, holding one quart or less, of any other than the following capacities, when level full : One quart, one pint, or one-half pint, standard

dry measure.

Sec. 28. Whenever any commodity is sold on a basis of weight, it shall be

unlawful to employ any other weight in such sale than the net weight of the

commodity ; and all contracts concerning goods sold on a basis of weight shall

be understood and construed accordingly. Whenever the weight of a commodity

Is mentioned in this act, it shall be understood and construed to mean the net weight of the commodity.

Sec. 29. Any person who, by himself or by his servant or agent, or as the

servant or agent of another person, shall offer or expose for sale, sell, use in

the buying or selling of any commodity or thing or for hire or award, or retain

in his possession a false weight or measure or weighting or measuring device, or any weight or measure or weighing or measuring device which has not been

sealed by the State superintendent (commissioner), or his deputy, or inspectors, or by a sealer or deputy sealer of weights and measures within one year: or

shall dispose of any condemned weight, measure, or weighing or measuring

device contrary to law, or remove any tag placed thereon by the State superintendent (commissioner), or his deputy, or inspectors, or by a sealer or deputy

sealer of weights and measures; or who shall sell or offer or expose for sale

less than the quantity he represents, or shall take or attempt to take more than

the quantity he represents, when as the buyer, he furnishes the weight,

measure, or weighing or measuring device by means of which the amount of

commodity is determined, or who shall keep for the purpose of sale, offer or expose for sale, or sell any commodity in a manner contrary to law; or who

shall violate any provision of this act for which a specific penalty has not been

provided; or who shall sell or offer for sale, or use or have in his possession

for the purpose of selling or using any device or instrument to be used to, or cal- culated to, falsify any weight or measure, shall be guilty of a misdemeanor, and

shall be punished by a fine of not less than $20 or more than $200, or by imprisonment for not more than three months, or by both such fine and imprisonment, upon a first conviction in any court of competent jurisdiction ; and upon a
254 BUKEAU OF STANDAEDS.

second or subsequent conviction in any court of competent jurisdiction, he shall

be punished by a fine or not less than $50 or more than $500, or by imprisonment in the county jail for not more than one year, or by both such fine and

imprisonment.

Sec. 30. The word " person " as used in this act, shall be construed to import

both singular and plural, as the case demands, and shall include corporations,

companies, societies, and associations.

The words "weights, measures, or (and) weighing or (and) measuring devices" as used in this act, shall be construed to include all weights, scales,

beams, measures of every kind, Instruments and mechanical devices for weighing or measuring, and any appliances and accessories connected with any or all such instruments.

The words " sell "' or " sale " as used in this act, shall be construed to in- clude barter and exchange.

o

/