DEPARTMENT OF COMMERCE

BUREAU OF STANDARDS

GEORGE K. BURGESS, Director

MISCELLANEOUS PUBLICATIONS—No. 59

Weights and Measures

Seventeenth Annual Conference

OF REPRESENTATIVES FROM VARIOUS STATES

HELD AT THE BUREAU OF STANDARDS

WASHINGTON, D. C.. MAY 26. 27, 28, AND 29. 1924

PRICE, 35 CENTS

Sold only by the Superintendent of Documents, Government Prlntlnit Offlce Washington, D. C.

WASHINGTON

GOVERNMENT PRINTING OFTICE

1924

DEPARTMENT OF COMMERCE

BUREAU OF STANDARDS

GEORGE K. BURGESS, Director

MISCELLANEOUS PUBLICATIONS—No. 59

Weights and Measures

Seventeenth Annual Conference

OF REPRESENTATIVES FROM VARIOUS STATES

HELD AT THE BUREAU OF STANDARDS

WASHINGTON. D. C., MAY 26, 27, 28, AND 29, 1924

PRICE, 35 CENTS

Sold only by the Superintendent of Documents, Government Printing Office Washington, D. C.

WASHINGTON

GOVERNMENT PRINTING OFFICE

1924

OFFICERS AND COMMITTEES

OFFICERS

Honorary President, Samuel W. Stkatton, President, Massachusetts Institute

of Technology, Cambridge, Mass., and former Director of the Bureau of

Standards, Washington, D. C.

(Serving during Seventeenth Annual Conference)

President, Geoege K. Buegess, Director, Bureau of Standards, Washington, D. C. First Vice President, William B. McGeady, Chief, State Bureau of Standards,

Harrisburg, Pa. Second Vice President, I. L. Miller, State Commissioner of Weights and

Measures, Indianapolis, Ind.

Secretary, F. S. Holbeook, Bureau of Standards, Washington, D. C. Treasurer, J. Haeey Foley, State Superintendent of Weights and Measures,

Trenton, N. J.

(As elected by Seventeenth Annual Conference for the ensuing year)

President, Geoege K. Buegess, Director, Bureau of Standards, Washington, D. C. First Vice President. I. L. Miller, State Commissioner of Weights and

Measures, Indianapolis, Ind.

Second Vice President, Thomas F. Egan, Deputy State Superintendent of

Weights and Measures, Hartford, Conn.

Secretary, F. S. Holbeook, Bureau of Standards, Washington, D. C. Treasurer, Geoejge F. Austin, Sealer of Weights and Measures, Detroit, Mich.

COMMITTEES

EXECUTIVE COMMITTEE

(As elected by Seventeenth Annual Conference)

Geoege K. Buegess'

I. L. Millee

Thomas F. Egan

F. S. Holbeook

Geoege F. Austin

'Ex officio.

R. F. Baeeon, State Commissioner of Weights and Measures, St. Paul, Minn.

Feed Benjamin, State Superintendent of Standards, Springfield, 111. William F. Cluett, Chief Deputy Inspector of Weights and Measures,

Chicago, 111. J. Haeey Foley, State Superintendent of Weights and Measures, Trenton, N. J. William Foster, Sealer of Weights and Measures, Springfield, Mass.

A. H. Gibeet, Jr., Chief State Inspector of Weights and Measures, Columbia,

S. C. .Joseph J. Holwell, Commissioner, Mayor's Bureau of Weights and Measures,

New York, N. Y. William B. McGeady, Chief, State Bureau of Standards, Harrisburg, Pa. Arthur McWilliams, Chief, State Division of Dairies and Foods, Columbus

Ohio.

Feancis Meeedith, State Director of Standards, Boston, Mass.

George B. Nebinger, Inspector of Weights and Measures, Harrisburg, Pa. Lawrence Pact., Chief, Bureau of Weights and Measures, Richmond, Va. William A. Payne, County Sealer of Weights and Measures, Rochester, N. Y. George M. Roberts, Superintendent of Weights, Measures, and Markets, Washington, D. 0.

in
IV OFFICERS AND COMMITTEES

E. J. Saldai^a, Executive Secretary, Government of Porto Rico, San Juan, P. R.

A. AV. Schwartz, Assistant State Superintendent of Weiglits and Measures,

Elizabetli, N. J. William F. Steinel, Sealer of Weights and Measures, Milwaukee, Wis.

L. P. Steong, Cliief, State Division of Weights and Measures, Lansing, Mich.

George Warner, Chief State Inspector of Weights and Measures, Madison, Wis.

H. A. Webster, State Commissioner of Weights and Measures, Concord, N. H.

COMMITTEE ON SPECIFICATIONS AND TOLEKANCES

(Standing Committee)

F. S. HoLBROoK, Bureau of Standards, Washington, D. C. William F. Cluett, Chief Deputy Inspector of Weights and Measures, Chicago, 111. R. F. Barron, State Commissioner of Weights and Measures, St. Paul, Minn.

Charles M. Fuller, City and County Sealer of Weights and Measures, Los

Angeles, Calif. William B. McGeady, Chief, State Bureau of Standards, Harrisburg, Pa.

ACTING COMMITTEES FOR THE SEVENTEENTH ANNUAL CONFERENCE

Committee on Resolutions.—A. W. Schwartz, I. L. Miller, A. H. Gibert, jr., W.

Payne, H. R. Estes. Committee on Nominations.—W. F. Cluett, L. P. Strong, T. F. Egan, W. B. McGrady, William Foster.

OFFICIAL STENOGKAPHER

NoBMAN L. KNAUS8, Department of Commerce, Washington, D. C.
LIST OF PERSONS ATTENDING THE CONFERENCE

STATE DELEGATES

Alaska Dan StrTHERLAND, Territorial Delegate, Alaska,

167 House Office Building, Washington, D. C.

Connecticut Thomas F. Egan, Deputy State Superintendent of

Weights and Measures, State Capitol, Hartford.

District of Columbia George M. Roberts, Superintendent of Weights,

Measures, and Markets, Washington.

Illinois Fred Benjamin, State Superintendent of Standards,

Springfield.

William F. Cltjett, Chief Deputy Inspector of

Weights and Measures, City Hall, Chicago.

Indiana I. L. Miller, State Commissioner of Weights and

Measures, 152 State House, Indianapolis.

Louisiana J. N. Siren, Sr., Inspector of Weights and Measures,

415 South Pierce Street, New Orleans.

Michigan L. P. Strong, Chief, State Division of Weights and

Measures, Lansing.

New Hampshire H. A. Webster, State Commissioner of Weights

and Measures, State House, Concord.

Edwin H. Thomas, State Inspector of Weights and

Measures, Farmington.

New Jersey J. Harry Foley, State Superintendent of Weights

and Measures, Trenton.

Elliott B. Holton, Assistant State Superintendent

of Weights and Measures, State House, Trenton.

Joseph G. Rogers, Secretary and Principal Clerk,

State Department of Weights and Measures, State

House, Trenton.

A. W. Schwartz, Assistant State Superintendent of

Weights and Measures, Elizabeth.

New York Barnett Kanzer, Assistant Director, State Bureau

of Weights and Measures, 'Albany.

Ohio Arthur McWilliams, Chief, State Division of Dairies and Foods, Columbus.

Pennsylvania William B. McGrady, Chief, State Bureau of

Standards, Capitol Building, Harrisburg.

Porto Rico E. J. Saldana, Executive Secretary, Government of

Porto Rico, San Juan.

SoutH Carolina A. H. Gibert, Jr., Chief State Inspector of Weights

and Measures, Columbia.

T. H. Roper, State Inspector of Weights and Measures, 802 Liberty Building, Columbia.

Virginia D. A. Kinsey, State Dairy and Food Division,

Low Moor.

E. P. Davis, County Sealer of Weights and Measures,

Hoadly.

H. H. Mathews, Sealer of Weights and Measures,

P. O. Box 486, Portsmouth.

Lawrence Paul, Chief, Bureau of Weights and

Measures, Room 305, City Hall, Richmond.

James L. Skinner, Sealer of Weights and Measures,

Municipal Building, Norfolk.

C. R. Vaughan, Sealer of Weights and Measures,

Roanoke.

West Virginia P. R. Edler, State Inspector of Weights and Measures, Charleston.

Wisconsin J. Q. Emery, State Superintendent of Weights and

Measures, State Capitol, Madison.

V
VI LIST OF PERSONS ATTENDING THE CONFERENCE

CITY AND COUNTY DELEGATES

Connecticut:

New Haven Edward J. Maroney, Sealer of Weights and Measures, City Hall.

District of Columbia:

Washington George M. Roberts, Superintendent of Weights,

Measures, and Markets, 313 District Building.

W. C. DiLLER, Chief Inspector of Weights,

Measures, and Markets, 313 District Building.

George A. Howe, Inspector of Weights, Measures,

and Markets, 313 District Building.

John L. F. Keenan, Inspector of Weights, Measures,

and Markets, 313 District Building.

James T. Townsend. Inspector of Weights, Measures, and Markets, 313 District Building.

George C. Wright, Inspector of Weights, Measures, and Markets, 313 District Building.

Florida:

Orlando Jesse H. Hamilton, Sealer of Weights and Measures, P. O. Box 185.

Illinois

:

Chicago William F. Cldett, Chief Deputy Inspector of

Weights and Measures, City Hall.

Massachusetts:

Beverly Robert J. Rafferty, Sealer of Weights and Measures. Cambridge Felix C. McBride, Sealer of Weights and Measures,

City Building, Brattle Square.

Everett Carl W. Anderson, Deputy Sealer of Weights and

Measures. " Lowell Warren P. Riordan, Sealer of Weights and Measures. Maiden Edward F. Lenehan, Jr., Sealer of Weights and

Measures.

Springfield William Foster, Sealer of Weights and Measures,

Room 9, Administration Building.

Waltham F. M. Haggarty, Sealer of Weights and Measures,

City Hall.

West Newton Andrew Prior, Sealer of Weights and INIeasures, City Hall.

Woburn v-- Thomas J. McColgan, Sealer of Weights and

Measures, 38 Union Street. Michigan

:

Battle Creek Charles H. Stahl, Sealer of Weights and Measures,

City Hall.

Detroit George F. Austin, Sealer of Weights and Measures.

Flint Howard R. Estes, Sealer of Weights and Measures,

607 Beach Street. Highland Park John W. Worden, Sealer of Weights and Measures.

p . TT 0^0+ fMuRRAY R. Stover, City and Countv Sealer of

Clai? County Weights and Measures, 1139 Water Street, Port

Saginaw and Saginaw \George W. Mahn, City and County Sealer of

County J Weights and Measures, City Hall, Saginaw.

New Jersey:

Bergen County John R. O'Connor, County Superintendent of

Weights and Measures, Hackensack.

Camden George E. Johnson, Superintendent of Weights and

Measures, City Hall.

Cape May County Gilbert S. Smith, County Superintendent of

Weights and Measures, Avalon.

Cumberland County_-_ William B. Holmes, County Superintendent of

Weights and Measures, Bridgeton.

Elizabeth William J. Bender, Superintendent of Weights and

Measures.

Gloucester County William P. Abdill, County Superintendent of

Weights and Measures, Woodbury.
LIST OF PERSONS ATTENDING THE CONFEKENCE vn

New Jersey—Continued.

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

Kearny John D. Castles, Superintendent of Weights and

Measures, Town Hall (Arlington P. O.).

Mercer County Stephen G. Plant, County Superintendent of

Weights and Measures, Courthouse, Trenton.

Middlesex County Nathan Robins, County Superintendent of Weights

and Measures, Metuchen.

Monmouth County Glenn L. B*;rry, County Superintendent of Weights

and Measures, Asbury Park.

Robert M. Marks, Assistant County Superintend-

, ent of Weights and Measures, Manasquan.

Morris County Henry S. Worman, County Superintendent of

Weights and Measures, Boonton.

Newark Patrick J. Caufield, Superintendent of Weights

and Measures, City Hall.

Passaic County Harry RosBeiFELT, County Superintendent of

Weights and Measures, Courthouse, Paterson. Union County Isaac Seeley, County Superintendent of Weights

and Measures, 25 Rahway Avenue, Elizabeth.

New York:

Glens Falls and War- \ Lembert J. Dean, City and County Sealer of ren County / Weights and Measures, 62 Elm Street, Glens Falls. Jefferson County Charles H. Bulson, County Sealer of Weights and

Measures, Watertown.

Monroe County W. A. Payne, County Sealer of Weights and Measures, City Hall Annex, Rochester.

J. E. Dunklee, Deputj' County Sealer of Weights

and Measures, City Hall Annex, Rochester.

Newburgh W. H. Mabie, Inspector of Weights and Measures,

City Hall.

New York Joseph J. Holwell, Commissioner, Mayor's Bureau

of Weights and Measures, Municipal Building.

Niagara Falls George E. Lock, Sealer of Weights and Measures.

Saratoga County Harry E. Davidson, County Sealer of Weights and

Measures, 72 Third Street, Waterford.

Steuben County Leonard B. Walker, County Sealer of Weights and

Measures, Bath.

Suffolk County CP. Smith, County Sealer of Weights and Measures,

96 Sound Avenue, Riverhead.

White Plains Richard R. Harding, Sealer of Weights and Measures, Realty Building.

Yonkers Wm. G. Ztjelch, Sealer of Weights and Measures,

City Hall.

North Carolina:

Mecklenburg County. W. R. Lee, County Sealer of Weights and Measures, Charlotte.

Ohio:

Champaign County,.. J. T. Woodward, Deputy County Inspector of Weights and Measures, Urbana.

Columbiana County. . Wm. H. Baer, Deputy County Sealer of Weights

and Measures, P. 0. Box 481, Lisbon.

Columbus M. A. Bridge, Sealer of Weights and Measures, 152

East Rich Street. Geauga County Ethel L. Thrasher, County Auditor, Chardon.

Pennsylvania:

Allegheny County George B. Moore, Chief County Sealer of Weights

and Measures, Courthouse, Pittsburgh.

Allentown B. Frank Rinn, Inspector of Weights and Measures, City Hall.

Altoona J. O. De Bray, Sealer of Weights and Measures,

City Hall.

Butler and ButlerlJ. L. Macurdy, City and County Sealer of Weights

County / and Measures, Butler.

Dauphin County John E. Bowers, County Inspector of Weights and

Measures, 615 Kelker Street, Harrisburg.
VIII LIST OF PERSONS ATTENDING THE CONFERENCE

Pennsylvania—Continued.

Harrisburg George B. Nebinger, Inspector of Weights and

Measures, 114 Walnut Street. Lehigh County Harry E. Biery, County Inspector of Weights and

Measures, Courthouse, Allentown.

Philadelphia D. Frank Black, Supervisor of Weights and Measures, 2017 Arch Street. CoNYERS B. Graham, Chief Clerk, Department of

Weights and Measures, 2017 Arch Street. Phineas T. Green, Deputy Supervisor of Weights

and Measures, 2017 Arch Street. Theo. a. Seraphin, District Supervisor of Weights

and Measures, 2017 Arch Street. Tennessee:

Knoxville J. O. Walker, Director of Public Safety.

Memphis A. W. Bacegalupo, Inspector of Weights and Measures, 45 South Front Street. Virginia:

Danville George S. Dyer, Sealer of Weights and Measures.

Norfolk James L. Skinner, Sealer of Weights and Measures, Municipal Building.

Prince William"lE. P. Davis, County Sealer of Weights and MeasCounty J ures, Hoadly.

Portsmouth H. H. Mathews, Sealer of Weights and Measures,

P. O. Box 486.

Richmond Lawrence Paul, Chief, Bureau of Weights and

Measures, Room 305, City Hall.

Alvin L. Jones, Deputy Inspector, Bureau of

Weights and Measures, Room 305, City Hall.

John F. Seay, Deputy Inspector, Bureau of

Weights and Measures, Room 305, City Hall.

Roanoke C. R. Vaughan, Sealer of Weights and Measures.

Wisconsin

:

Milwaukee William F. Steinel, Sealer of Weights and Measures, 421 Fifth Street. Racine D. E. Fitzgerald, Sealer of Weights and Measures,

City Hall.

DELEGATES FROM STATE ASSOCIATIONS OF WEIGHTS AND

MEASURES OFFICIALS

Massachusetts Association of Sealers of Weights and Measures:

Thomas J. McColgan, Sealer of Weights and

Measures, 38 Union Street, Woburn.

Michigan Association of State, County, and City Weights and

Measures Officials: Murray R. Stover, Sealer

of Weights and Measures, 1139 Water Street,

Port Huron.

New York Association of Sealers of Weights and Measures:

Charles H. Bulson, County Sealer of Weights

and Measures, Courthouse, Watertown.

Wisconsin Weights and Measures Association: D. E. Fitzgerald, Sealer of Weights and Measures, City

Hall, Racine.

OTHER DELEGATES AND GUESTS APPEARING ON PROGRAM

Baknakd, Dr. H. E., Director, American Institute ' of Baking, 1135 Fullerton*

Avenue, Chicago, 111. Beaece, H. W., Bureau of Standards, Washington, D. C. Brand, Hon. Charles, Member of Congress, Seventh District Ohio, Washington, D. C. Burgess, Dr. George K., Director, Bureau of Standards, Wa.'ihington, D. C. Ernst, Morris L., Jewelers' Board of Trade, New York, N. Y. HoLBROOK, F. S., Bureau of Standards, Washington, D. C. Hoover, Hon. Herbert, Secretary of Commerce, Washington, D. C. Horigan, J. B., Assistant to the Solicitor, Department of Agriculture, Washington, D. C. Judson, L. v.. Bureau of Standards, Washington, D. C.
LIST OF PERSONS ATTENDING THE CONFERENCE IX

Paeey, William, Bureau of Standards, Washington, D. C. Peffeb, E. L., Bureau of Standards, Washington, D. C. I'lENKOwsKY, A. T., Bureau of Standards, Washington, D. C. BoESEB, H. M., Bureau of Standards, Washington, D. C. Smedley, William, Secretary, Retail Merchants Association of Pennsylvania,

Philadelphia, Pa. Smith, Ralph W., Bureau of Standards, Washington, D. C. Steatton, S. W., President, Massachusetts Institute of Technology, Cambridge,

Mass.

GUESTS REPUESENTING MANUFACTURERS

Allsteel Scale Co. : Harold C. Mitchell, President, 25 West Broadway, New

York, N. T. Associated Oil Co. : Lynn A. Schloss, Engineer, 79 New Montgomery Street,

San Francisco, Calif.

Atlantic Refining Co.

C. H. Ehlees, Construction Engineer, Philadelphia, Pa.

J. G. MoxEY, Supervisor of Meter Equipment, 260 South Broad Street,

Philadelphia, Pa. Bausch & Lomb Optical Co. : Hallek Belt, Rochester, N. Y. Becker, Christian (Inc.) : C. A. Becker, 147 Eighth Street, Jersey City, N. J. Brown & Sharpe Manufacturing Co. : Herbert B. Lewis, Providence, R. I. Brown Sheet Iron & Steel Co. : George A. Brown, St. Paul, Minn.

Buffalo Scale Co.

Theo. L. Richmond, President, Buftalo, N. Y.

E. D. Gordon, Engineer, Buffalo, N. Y.

Chatillon, John, & Sons

Edwin C. Smith, Sales Manager, 87 Cliff Street, New York, N. Y.

P. Reichmann, 108 Grand Avenue, Ridgefield Park, N. J.

J. G. HuGEL, 87 Cliff Street, New York, N. Y. Columbian Steel Tank Co. : F. C. Buchanan, Sales Manager, Kansas City, Mo.

Davis Welding & Mfg. Co.

Aethub L. Betts, Secretary-Treasurer, Cincinnati, Ohio.

John T. Earl, Vice President, Jersey City, N. J. Dayton Scale Co. : William F. Bowen, Agency Manager, 816 Fourteenth Street,

Washington, D. C. Fairbanks, E. & T., & Co.

A. E. AsHCEAFT, Manager, St. Johnsbury, Vt. A. Bousfield, Chief Engineer, St. Johnsbury, Vt. F. E. Chuech, Engineer, St. johnsbury, Vt. Fairbanks Co., The : L. G. Beiggs, General Manager, 416 Broome Street, New

York, N. Y. Fairbanks, Morse & Co. : F. V. Roy, Division Manager, Chicago, 111. Gilbert & Barker Manufacturing Co.

Ralph M. Lull, Engineer, Springfield, Mass.

George C. Roberts, Springfield, Mass.

Guarantee Liquid Measure Co.

W. S. TownSEND, President, Rochester, Pa. W. H. Paekee, Chief Engineer, Rochester, Pa. Gurley, W. & L. E. : W. L. Egy, Engineer, Troy, N. Y. Howe Scale Co.

Cael B. Hinsman, President, Rutland, Vt.

C. A. Lindsay, District Manager, Washington, D. C. Measuregraph Co.

W. A. Carlisle, Chairman of the Board, 1819 Olive Street, St. Louis, Mo.

E. A. Powell, Baltimore and Washington Service Manager, 2806 Parkwood

Avenue, Baltimore, Md.

National Store Specialty Co. : Norman MacLean, Bareville, Pa.

Ohmer Fare Register Co.

Ashley Beown, Dayton, Ohio.

Victor G. Feicke, Service Representative, Washington, D. C. Oil Products Appliance Co. : F. J. Brichacek, President, 1315 South Third

Avenue, Maywood, 111. Peerless Weighing Machine Co. : Edmund M. Schiemee, District Manager,

4124 Dali-ymple Avenue, Baltimore, Md.

Pittsburgh Taximeter Co.

John W. Weibley, Secretary-Treasurer, Pittsburgh, Pa.

Paul Reiheet, Manager, New York, N. Y.
X LIST OF PERSONS ATTENDING THE CONFERENCE

Serapliin Manufacturing Co. : Ida U. Sebaphin, Secretary-Treasurer, 1314-16

North Seventh Street, Philadelphia, Pa. Spotz Manufacturing Co. : C. A. Spotz, Vice President, Glenbrook, Conn.

Standard Computing Scale Co. : M. D. Ribble, Supervisor of Sales, Detroit.

Mich.

Standard Oil Co. (N. .T.) : Samxjel B. Faenum, Assistant General Manager, Newark, N. J. H. L. Shoemaker, 26 Broadway, New York, N. Y.

J. Pkessek, Jr., St. Paul & Franklin Streets, Baltimore, Md.

J. F. Winchester, Superintendent of Motor Equipment, Baltimore, Md.

Streeter-Amet Weighing & Recording Co. : H. F. Reck, 4101 Ravenswood

Avenue, Chicago, 111. Toledo Scale Co.:

R. E. GiBBS, Manager of Service, Toledo, Ohio.

H. O. Hem, Consulting Engineer, Toledo, Ohio.

Charles C. Neale, Superintendent of Service, Toledo, Ohio.

A. M. Raymond, Local Sales Agent, Washington, D. C. Torsion Balance Co. : A. T. Millroy, 92 Reade Street, New York, N. Y. Triner Scale & Manufacturing Co. : J. M. Teinee, President, 2714 West Twentyfirst Street, Chicago, 111. Troemner, Henry : Samuel B. Peterman, Manager, 911 Arch Street, Philadelphia, Pa. Wayne Oil Tank & Pump Co.

F. A. Bean, Consulting Engineer, Fort Wayne, Ind.

Edg.\k a. Bennett, Salesman, 1136 Buchanan Street, Washington, D. C. GUESTS REPRESENTING RAILROADS AND WEIGHING DEPARTMENTS

Bylsma, J. M., Chief, Weighing Department, Western Weighing and Inspection Bureau, 1800 Transportation Building, Chicago, 111. Clark, F. D., Chief Inspector, Weighing Bureau, Chesapeake & Ohio Railway,

Richmond, Va. Epeight, a. W., Supervisor of Scales and Weighing, Pennsylvania Railroad,

Altoona, Pa. Gordon, B. B., General Scale Inspector, Pennsylvania Railroad, 139% East

South Street, Indianapolis, Ind.

Lawrence, E. Kent, General Scale Inspector, Baltimore & Ohio Railroad,

Baltimore, Md.

Mann, C. H., Superintendent of Scales, Southern Railway, Washington, D. C. Marchant, Haery, Scale Inspector, Bethlehem Steel Co., Maryland Plant,

Sparrows Point, Md.

Pheeigo, J. L., Chief Scale Inspector, Southern Railway, Washington, D. C. ScHLiNKERT, F. H., Superintendent of Scales, Missouri Paciflq Railroad, 1083

Railway Exchange, St. Louis, Mo.

GUESTS REPRESENTING GOVERNMENT DEPARTMENTS

Beiggs, C. a., Livestock Weight Supervisor, Packers and Stockyards Administration, Department of Agricultiire, Washington, D. C. Gast, Fred W., Engineer of Scales, Treasury Department, Washington, D. C. OTHER GUESTS

Carlough, Milton, Sales Agent, The Fleischmann Co., 316 F Street NE., Washington, D. C. Dale, Samuel S., 10 High Street, Boston, Mass., representing American Insti- tute of Weights and Measures, 115 Broadway, New York, N. Y. Davidson, Mrs. Haery R., Waterford, N. Y. Gordon, Mrs. B. B., Logansport, Ind.

Goedon, Charles M., Chicago, 111. • Klopfee, Albeet, Editor, Bakers Weekly, 45 West Forty-fifth Street, New York,

N. Y. KocH, Isse, 469 Seventh Avenue, New York, N. Y. Rockmoee, Feed R., Merchant, Warrensburgh, N. Y. Smith, James, 113 Market Street, Paterson, N. J. Weberman, Max, 540 East Twenty-seventh Street, Paterson, N. J. WooLEiDGE, J. H., Secretary, Potomac States Bakers Association, 2026 Eye

Street NW., Washington, D. C.
CONTENTS

Page

Foreword 1

FiEST Session ( Morning of Monday, May 26, 1924)

Opening address by tlie president. Dr. George K. Burgess 2

Abstracts of reports of State delegates:

Connecticut, Thomas F. Egan 5

District of Columbia, George M. Roberts 5

Illinois, Fred Benjamin 6

Indiana, I. L. Miller 6

Louisiana, J. N. Siren, sr 6

Michigan, L. P. Strong 6

New Jersey, J. Harry Foley 6

New York, Barnett Kanzer 7 Ohio, Arthur McWilliams 7 Pennsylvania, William B. McGrady 7 Porto Rico, E. J. Saldana : 7

South Carolina, A. H. Gibert, jr 8

Virginia, Lawrence Paul 8

West Virginia, P. R. Edler 8

Wisconsin, J. Q. Emery 8

Abstracts of reports of representatives of State associations of weights

and measures officials

Massachusetts Association of Sealers of Weights and Measures,

Thomas J. McColgan 9

Michigan Association of State, County, and City Weights and Measures Officials, Murray R. Stover 9

New York Association of Sealers of Weights and Measures, Charles

H. Bulsoa 9

Wisconsin Weights and Measures Association, D. E. Fitzgerald 9

Second Session ( Afternoon of Monday, May 26, 1924)

Appointment of committees 11

Maintenance of accuracy of scales in creameries, by J. Q. Emery, super- intendent of weights and measures, State of Wisconsin 11

Discussion of above paper 15

The administration of weights and measures in Porto Rico, by E. J. Saldana, executive secretary, government of Porto Rico 17

Discussion of above paper 21

Report of committee on specifications and tolerances on specifications and

tolerances for fabric-measuring devices, presented by F. S. Holbrook,

chairman 21

Discussion of above report 25

Uniformity of regulations for milk bottles, by Ralph W. Smith, Bureau

of Standards 26

Discussion of above paper 33

Testing of post-office scales 34

Thied Session (Morning of Tuesday, May 27, 1924)

The New Jersey sale-by-weight law, by J. Harry Foley, superintendent of

weights and measures, State of New Jersey 37

Enforcement of the Indiana bread law, by I. L. Miller, commissioner of

weights and measures, State of Indiana 40

*
XII CONTEKTS

Fast

Interstate status of package goods, by J. B. Horigan, olBce of solicitor,

United States Department of Agriculture 47

The recent decision of the United States Supreme Court on Nebraska

bread law, by F. S. Holbrook, Bureau of Standards 51

The Federal bread bill, by Hon. Charles Brand, Member of Congress,

seventh district, Ohio 59

The application of scientific methods of law enforcement, by Dr. H. E. Barnard, director, American Institute of Baking 63

Discussion of above papers 74

Fourth Session (Afternoon of Suesday, May 27, 1924)

General discussion in relation to the bread situation 7G

Indorsement of Federal bread bill, H. R. 8981, Sixty-eighth Congress,

first session (with text of bill) 78

International Bureau of Weights and Measures and general impressions

of weights and measures abroad, by L. V. Judson, Bureau of Standards 81

Discussion of above paper 84

The elimination of short weight and measure, by Arthur McWilliams,

chief, division of dairies and foods, State of Ohio 85

Discussion of above paper 88

Fifth Session (Morning of Wednesday, May 28, 1924)

Address by the honorary president, Di'. S. W. Stratton 89

Publicity as a means of increasing cooperation and efliciency, by Charles

H. Bulson. sealer of weights and measures, Jefferson County, N. Y 91

Method used in the calibration of vehicle tanks in the city of Detroit.

Mich., by George F. Austin, sealer of weights and measures, city of

Detroit. Mich 94

Discussion of above paper 97

Report of committee on specifications and tolerances on specifications

and tolerances for vehicle tanks, presented by F. S. Holbrook.

chairman 100

Consideration of tentative specifications and tolerances for vehicle

tanks 100

Presentation of resolutions and medallion to Dr. Samuel Wesley Stratton,

honorary president of the conference 108

Remarks of Joseph J. Holwell, representing the weights and

measures officials 108

Remarks of Dr. S. W. Stratton, honorary president of the con- ference 110

Sixth Session (Afternoon of Wednesday, May 28, 1924)

The retail merchant, by William Smedley, secretary. Retail Merchants'

Association of Pennsylvania 111

Consideration of tentative specifications and tolerances for vehicle tanks

(continued) 1 115

Method of test of taximeters in Chicago, by William F. Cluett, chief

deputy inspector of weights and measures, city of Chicago, 111 117

Notes on the testing of taximeters in New York, N. Y 121

Discussion on testing of taximeters 123

Seventh Session (Morning of Thursday, May 29, 1924)

Statement in relation to tolerances for bread loaves 126

Report of committee on specifications and tolei-ances on changes in cer- tain specifications, and explanations, thereon, presented by F. S. Holbrook, chairman 126

Linear measures 127

Glass graduates 127

Milk bottles 128

Scales—general specifications 130

n
CONTEKTS XIII

Report of committee on specifications—Continued. P-'ee Application of tolerances to railroad track scales i;!l Spring scales 131

Computing scales ; 181

Cream-test and butter-fat-test scales 132

AVeights 132

Liquid-measui'ing devices 133

Discussion of above report . 134

Address by the Secretary of Commerce, Hon. Herbert Hoover 135

Report of committee on resolutions, presented by A. W. Schwartz,

chairman

Resolution of appreciation to the Secretary of Commerce 137

Resolution of appreciation to the director and staff of the Bureau

of Standards 137

Resolution of appreciation to Messrs. F. S. Holbrook, Ralph W.

Smith, and L. V. Judson 137

Resolution of appreciation to Messrs. William Smedley, J. B. Horigan, H. E. Barnard, and M. L. Ernst 1.37 Resolution of appreciation to Hon. Charles Brand 138

Resolution in regard to testing of post-office scales 138

Resolution indorsing uniformity of regulations for milk and cream

bottles 138

Resolution in memory of J. Frank Fowler, Paul E. Carroll, and

Charles W. Wooley 139

Flowers in memory of Louis A. Fischer 139

Report of treasurer, J. Harry Foley 1.39 Report of committee on nominations, presented by William F. Cluett,

chairman, and election of offlcers 140

Fraudulent marking of jewelry, by Morris L. Ernst, representing

Jewelers' Board of Trade. New York, N. Y 140

Discussion of above paper 144

Arrangement of sessions of Eighteenth Annual Conference 14.5 Manufacturers' exhibit at future conferences 146

REPORT OF THE SEVENTEENTH ANNUAL CONFERENCE ON WEIGHTS AND

MEASURES OF THE UNITED STATES

HELD AT THE BUREAU OF STANDARDS, WASHINGTON, D, C, MAY 26-29, 1924

FOREWORD

Prior to 1921 the custom prevailed of printing these reports of the

Annual Conferences on Weights and Measures verbatim. In that

year, however, and also in 1922 and 1923, on account of the urgent

need for economy in the expenditure of Government funds it was

found essential to abridge somewhat the reports of the Fourteenth,

Fifteenth, and Sixteenth Annual Conferences, and this was accordingly done.

In the case of the present report the same urgent necessity impels

us to the same course, and, consequently, this report also will be

found to be abridged. The same method of accomplishing this has

been followed, namely, the material has been studied to determine

what portions might be deleted with the least sacrifice of essential

matter. The result has been that the proceedings of the first ses- sion have largely been abstracted and the discussion in all other

sessions has been curtailed when it appeared that this could be

done without too great a loss of material of permanent usefulness.

This has resulted, as in the reports of the three preceding conferences, in the reports of State delegates being absti'acted, since

these are probably not of as general use in this report as discussions

bringing out the consensus of opinion on some matter of importance,

or resulting in some constructive action on a definite proposal.

Especially is this last material of importance, since it often shows

the necessity of the action taken and the data upon which the action

is based, and, in addition, it will serve as a guide to the proper interpretation of the meaning of the conclusion in case any doubt

arises in the mind of the reader as to its exact significance.

The bureau is confident that the report will be found not to have

been greatly impaired as to usefulness by the necessary abridgments and deletions made.

George K. Btjrgess,

Director^ Bureau of Standards^ and

_President, Annual Conference on Weights and Measures.

1
FIRST SESSION (MORNING OF MONDAY, MAY 26, 1924)

The conference was called to order at 10.65 o'clock a. m. by Dr.

George K. Burgess, president of the conference and director of the

Bureau of Standards.

OPENING ADDRESS BY THE PBESIDENT, DB. GEORGE K. BURGESS

Again we welcome you to the Bureau of Standards, and it is not

necessary for me to say how cordially we greet you. I hope you will

take the opportunity, especially those of you who have not been here

before, to see the laboratories of the Bureau of Standards.

Perhaps the outstanding event of the year from a weights and

measures standpoint was the recent decision of the United States

Supreme Court in the case of the Nebraska bread law in which you

are all so much interested. On its face it is true that this was not

a very favorable development since the majority of the court decided

that the law was unconstitutional and, in that State at least, new

legislation must be procured if the sale of this commodity is to be

properly regulated. However, the decision, while adverse, seems not

to have affected the vital principle underlying standard-weight loaf

regulation. Rather, the decision affirmed this principle and largely

concerned itself with A'arious details of the legislation and pointed

out within what limits the general principle was to be applied. It

thus will serve as a valuable guide in the drafting of bread laws in

the future and will enable us to proceed with a greater assurance than we otherwise could have had. Moreover, since the decision

concerned itself Avith the details of the Nebraska law, and since most

of these provisions do not occur in the laws of other States which

have legislated along these lines, it seems that the decision will not

be of far-reaching effect and that we are not by any means required

to start over again; but with slight readjustments we can proceed

without a retracing of our steps.

Naturally the subject is one of much interest and will occupy a prominent place upon our program. To-morrow morning's session

will largely be devoted to the subject of bread, and we hope for constructive suggestions and accomplishments. Such an event as this

decision affords an excellent illustration of the tremendous amount of

good which the conference can accomplish in obtaining uniformity

of action throughout the country. Instead of each jurisdiction having to depend solely upon its own ideas, all the officials interested in

this subject have in this organization a clearing house where the}^ can assemble and discuss together their common problem and arrive

at a common decision. The result of such a deliberation will almost

certainly be better laws, increased enthusiasm, less lost motion, and

greater efficiency in accomplishing the desired results than could

otherwise be hoped for.

2
SEVENTEENTH CONEEEENCE ON WEIGHTS AND MEASURES 3

Another matter which is of interest to all of you is the interest

which has been manifested in legislative proposals along weights

and measures lines, especially in Congress. Among these, bread

again takes a prominent place. Congressman Brand, of Ohio, who,

as a member of the senate of that State, was instrumental in obtaining

the passage of the State bread law, did not lose interest in the subject

when he stepped from the State legislature into that of the Federal

Government. Before the Congress to which he was elected had con- vened, Mr. Brand had visited the bureau to request our cooperation

in drafting a bread law designed to regulate the interstate commerce

in this commodity. You may be very sure that we were extremely

glad to assure hirii that he would have our heartiest support and that

we proposed to him a bill designed to protect from unfair outside

competition those States which had enacted the standard loaf law.

We have been working with Mr. Brand very closely ever since and

he has found the data, which many of you collected for him at our

re-quest in reference to the weights and prices of loaves in the various

jurisdictions, of very great use in the battle which he has been

waging.

On account of the legislative situation, and on accovmt of the fact

that the Committee on Agriculture has been extremely busy in its

efforts to find a solution of the perplexing situation which agriculture throughout the country is facing, it seems very unlikely indeed

that a Federal bread weight law will be enacted at this session of

Congress. You are not to infer from this that Congress looks with

disfavor upon the proposal, however, or that the time spent upon

the subject has been wasted. The Committee on Agi'iculture seemed

to be very favorably impressed with the arguments advanced in

favor of the project and we have no doubt that they will eventually

take favorable action in regard to the bill. Mr. Brand will be with

us 4;o-moiTow morning to tell you about the matter. I am sure that

you will all find him to be a very good weights and measures man

and one who can present his facts in a very forceful and interesting

way. I think that you will all agree that this number of the program is a very interesting one. But I would not have you believe that the program will be entirely

devoted to the subject of bread. There will be many other features

of interest and importance to all of you, and the opportunity will

be afforded for a great deal of constructive work. It is proposed

again to bring up the subject of specifications and tolerances for

fabric-measuring devices adopted tentatively at your last session,

and to adopt a final code upon this subject. Vehicle tanks will again

receive attention, and it is expected that progress will be made toward

the solution of the problems incident to that phase of your work,

which is certainly of growing importance. The subject of taximeters

will receive attention, and we will have several papers concerning

them from officials and manufacturers. The testing of these measuring devices is very properly one of your functions. Many of you

already occupy this field, and we expect to see more and more of

you assume this work in the near future. A number of other papers

of interest will be given by members, including one by the delegate

from Porto Rico, whom we are glad to welcome, and several speakers

6379°—24 2
4 BUREAU OF STANDARDS

from industry will also claim your attention. I am also very pleased

to be able to advise that Doctor Stratton has promised to be here

at least one day. Despite the fact that his work now lies along

other lines, Doctor Stratton finds it impossible to let one of these

conferences pass by without a visit from him, and we, on our part,

would miss him very much were he ever unable to get here. The

ceremony by means of which we hope to be able to express to him

in some measure how high in our regard we hold him will not be

carried through this morning, as listed upon the program, since

Doctor Stratton found it more convenient to spend Y^ednesday with

us. Finally we have set apart a time which we hope will prove to

be sufficient thoroughly to discuss any questions which you desire

to present to the conference for consideration.

I might say one word in relation to the arrangement of sessions

at this conference. Last year it was left to the executive committee

to decide whether one session per day or two sessions per day was

preferable. When the committee was polled on this matter it was

found that half Avere in favor of the one plan and half were in favor

of the other. To be fair to both sides it was thought that two

1-session days and two 2-session days would be the proper solution

and consequently the program has been arranged accordingly ; Monday and Wednesday we will have forenoon and afternoon sessions,

Tuesday and Thursday forenoon sessions only.

There will be no manufacturers' exhibit of weighing and measuring devices at this conference. For several years this exhibit has

been growing smaller until last year there was criticism from both

manufacturers and delegates that it was not an entirely successful

feature. A preliminary survey did not indicate that it would be

very much more successful this year, so it was decided temporarily

to discontinue it. This subject has been placed on the program for

discussion at this conference to decide our future policy.

During the year I have appointed an official with whom you are

all very well acquainted, William B. McGrady, of Pennsylvania, to serve on the committee on specifications and tolerances to fill the

place resigned by Mr. White, of New York. Mr. McGrady has been

in weights and measures work for manj^ years, and has had very

excellent experience both in the field and as an administrative officer

;

he is thoroughly familiar with commercial apparatus, and through

his Avork in enforcing the serialization law of Pennsylvania is very

well versed in specifications and tolerances. I am sure that he will

add a great deal of strength to this important committee.

We also, as you see from the program, had expected to have the

Secretary of Commerce, Mr. Hoover, with us this afternoon. Mr.

Hoover is confined to the house with a bad cold, having suffered

from it for the last four days, but it is possible he may be able to

appear before the sessions are over. I know he looks forward with

the very greatest and keenest interest to the meetings of this conference. As you know, he has met with you during every conference

since he has been Secretary, and I sincerely trust his health will

permit him to come again.

The next number on the program will be reports by State delegates. This number is one which is always included, since we find
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 5

that these reports are of very great assistance in advising those in

attendance of the general situation in regard to weights and measures

existing throughout the United States—to give- them a bird's-eye

view of the general progress made. With this information at hand

we are then in a better position to proceed with the general program.

The points which we are especially desirous of bringing out are

New legislation enacted during the year, and the general legislative

situation in your State; new rules and regulations promulgated and

the necessit}^ therefor; the general condition of commercial weights

and measures at present existing, with attention to any special types

when special conditions exist; the result of special surveys and investigations conducted; and other matters of general interest.

Before proceeding to that item, however, I will call your attention

to the fact that the record of the proceedings of the last conference,

the sixteenth annual conference, has appeared only during the past

mouth. The delay is chargeable about half to the Bureau of Standards and about half to the Printing Office. We will make si^ecial

efforts to get the report of this conference out. I do not like to set an exact time, but I am safe in saying we can get it out within six

months, including the time at the Printing Office. We have made

provisions for speeding up the work in the bureau in getting out

the report.

ABSTKACTS OF REPORTS OF STATE DELEGATES*

CONNECTICUT

By Thomas F. Bgan, Deputy State Superintendent of Weights and Measures

Mr. Egan reported that on the whole the work of his department

was progressing in a fairly satisfactory manner, but he commented

unfavorably on the bread situation, saying that the Connecticut

bread law had done little to improve conditions. He stated that

bread was being sold in at least 100 different-sized loaves at a wide

range of prices per pound. He mentioned that particular attention

had been paid during the past year to checking the weights of coal

deliveries.

DISTRICT OF COLUMBIA

By George M. Roberts, Superintendent of Weights, Measures, and Markets

Mr. Roberts stated that his inspectional force and equipment were

somewhat inadequate, and outlined the principal needs of his department in these respects. He stated, however, that by diligent

work his department had been able to take reasonably gOQ,d care of

the situation. He stated that special attention had been given to the

milk-bottle situation, since there seemed to be a tendency to take ad- • vantage of the tolerances in deficiency, and that the tolerances were

being strictly enforced, with the result that a very large number of

milk bottles deficient in capacity had been confiscated and destroyed.

1 For convenience of reference these reports have been arranged in alphabetical order throughout.
6 BUEEATJ OF STANDABDS

ILLINOIS

By Feed Benjamin, State Supermtendent of Standards

Mr. Benjamin reported gratifying progress in his department, es- pecially mentioning the improvement in the gasoline-measuring devices throughout the State, and the greater cooperation between the

owners of such equipment and the department. In furtherance of

a general campaign of education a number of publications have

been issued during the year, and these were briefly described. He

also stated that the supply of office and field testing equipment was

now complete.

INDIANA

By I. L. MiLLEK, State Commissioner of Weights and Measures

Mr. Miller reported the enactment by the last legislature of a standard fruit and vegetable container law, from the operation of

which good results are anticipated. He mentioned an extensive

series of tests on gasoline-measuring devices, about 20 per cent of

which were found inaccurate, the errors being in most cases in

deficiency. Mr. Miller spoke enthusiastically of the cooperation

being given his department by the various State associations of

business men, and mentioned the strong sentiment among these

organizations for the abolition of bushel weights and the mandatory

sale of dry commodities by weight.

LOUISIANA

By J. N. SiKEN, Sr., City Inspector of Weights and Measures, Neiv Orleans

Mr. Siren reported that the weights and measui-es supervision in

his State was entirely inadequate properly to protect the purchasing

public. He mentioned particularly the difficulties encountered with

short-weight or short-measure package goods shipped into Louisiana

from other States, and stated his opinion that only by action on

the part of the Federal Congress could this situation be completely

corrected.

MICHIGAN

By L. P. Steong, Chief, State Division of Weights and Measures

Mr. Strong reported a general improvement in the accuracy of

the gasoline-measuring devices throughout the State as a result of

frequent inspection hy the officials, and the installation by the

owners of |)etter types of equipment. He also commented upon a new

device developed by his department for the handling of 50-pound

«weights in the course of the tests on heavy-capacity scales. He said

that this equipment was relatively inexpensive and that it had proved

to be very satisfactory in use.NEW JERSEY

By J. Harey Foley, State Superintendent of Weights and Measures

Mr. Foley reported the enactment, by the last legislature, of three

weights and measures statutes, one a sales-by-weight law, another
SEVENTEENTH CONFEEENCE ON WEIGHTS AND MEASURES 7

a climax-basket law, and the third a thread law. He spoke of the

satisfactory operation of the New Jersey public weighmaster act

under the provisions of which 827 certified public weighers have

already been appointed. He also mentioned a number of investigations conducted by his department during the year.

NEW X0K1£

By Baenett Kanzee, Assistant Director, State Bureau of Weights and Measures

Mr. Kanzer reported the recent enactment of two new laws, one

in relation to bread and the other in relation to gasoline. He described the follow-up system used by his department in all cases where inspections reveal defective equipment; reinspections are made shortly after the original visits to see that all instructions have

been carried out. He also described the manner in which the work

of the city and county sealers of the State is checked up from their

reports to the State department. He stated that a booklet of instructions for the guidance of sealers was issued during the year.

OHIO

By Aethur McWiLLiAits, Chief, State Division of Dairies and Foods

Mr. McWilliams reported normal operation of his department,

with no new legislation during the past year. He described the

results of a survey made to determine the accuracy with which the

cream-test scales throughout the State were being used by the operators; results from all sections showed variations approximating 3

per cent, and in many cases it was indicated that operators inspired

by mercenary motives made these errors deliberately. It was also

stated that the department had recently been giving considerable

attention to the testing of grain scales.

PENNSYLVANIA

By William B. McGeady, Chief, State Bureau of Standards

Mr. McGrady reported several changes made by the last legislature in the Pennsylvania weights and measures laws, and said that

on the Avhole the work of his bureau is progressing in a satisfactory

manner. He spoke enthusiastically of the hearty and efficient co- operation with his bureau of the city and county inspectors throughout the State, especially in connection with a number of state-wide

surveys made during the past year.

PORTO RICO

By E. J. Saldana, Executive Secretary, Government of Porto Rico

Mr. Saldana commented upon the conditions which prevailed in

Porto Eico before the passage, in 1914, of the present comprehensive

weights and measures law. He stated that at that time the exploitation of the purchasing public by the merchants was universal and
8 BUEEAU OF STANDAEDS

that all sorts of fraudulent practices flourished in the absence of anyofficial inspection worthy of the name. He said that now, however,

all this was changed, and that efficient supervision prevails throughout the island.

SOUTH CAROLINA

By A. H. GiBEET, Jr., Chief State Inspector of Weights and Measures

Mr. Gibert stated that during the past year new records had been

established for his department in the number of mechanical tests and

supervisional visits made. He said that through the employment

of automobiles for Ijis inspectors it was now possible to visit the

many country stores m his State several times a year, whereas before

it had been impracticable to visit them at all. He also commented

upon the successful operation of the weights and measures law re- cently enacted in South Carolina, particularly the section relating

to net weight.

VIRGINIA

By Lawrence Paul, Chief, Bureau of Weights and Measures, Richmond

Mr. Paul reported the enactment by the last legislature of a comprehensive State weights and measures law based upon the model

law adopted by the annual conference. Under this law weights and

measures regulation is placed under the control of the dairy and

food department and the law takes effect on June 17. He also re- ported the passage of a law in relation to the quality of gasoline,

which in some cases will be enforced by the weights and measures

officials, and described the steps which had been taken along this

line in the city of Richmond.

WEST VIRGINIA

By P. R. Edlek, State Inspector of Weights and Measures

Mr. Edler reported that much had been accomplished by his department notwithstanding the failure of the last legislature to

broaden the powers of the State department as had been recommended. He stated that this measure, as well as certain other proposals, would be brought again before the legislature in 1925, at

which time it was anticipated that favorable action would be taken.

He mentioned that the testing of loaded vehicles on the highways

would soon be undertaken.

WISCONSIN

By J. Q. Emeky, State Superintendent of Weights and Measures

Mr. Emery briefly outlined the State and city weights and measures organization of Wisconsin, and stated that a general compliance

with existing law was being secured. Additional motor equipment

has been provided for the State department and now each of the

State inspectors has a machine. Mr. Emer}' said that the new bread

law was now receiving the support of all of the bakers, even those
SEVENTEKNTH CONFEEENCE ON WEIGHTS AND MEAS-URES 9

who previously had bitterly opposed its passage. He also said that

it had been found necessary to proceed against one milk-bottle manufacturer on account of the sale within the State of short-measure

bottles.

ABSTRACTS OF BEPORTS OF REPRESENTATIVES OF STATE ASSOCIATIONS OF WEIGHTS AND MEASURES OFFICIALS

MASSACHUSETTS ASSOCIATION OF SEALERS OF WEIGHTS AND MEASURES

By Thomas J. McColgan, Sealer of Weights and Measures, Wohurn

Mr. McColgan stated that his association met annually, alternate

meetings being held in Boston, and that these meetings served to

coordinate the activities of the sealers throughout the State. He also

commented upon the assistance derived by the city officials from the

visits of the State inspectors who, under the system prevailing in

Massachusetts, make periodic inspections of the work of the local

officers.

MICHIGAN ASSOCIATION OF STATE, COUNTY, AND CITY WEIGHTS AND MEASURES OFFICIALS

By Murray R. Stover, Sealer of Weights and Measures, Port Huron

Mr. Stover mentioned the excellent spirit of cooperation which

prevails among all of the weights and measures officials of his State,

which spirit is fostered by the annual meetings of the association.

He stated that at all times the State inspectors and city inspectors

in those cities having strong departments stood ready to assist new

officials appointed, and thus general efficiency was greatly increased.

He also described how the need for proper weights and measures

laws was impressed upon the members of the legislature of the State.

NEW YORK ASSOCIATION OF SEALERS OF WEIGHTS AND MEASURES

By Charles H. Bulson, County Sealer of Weights and Measures, Jefferson

County

Mr. Bulson spoke of the beneficial results to all concerned derived

from the yearly conferences held by his association. He referred to

these meetings as " schools of instruction " and commented briefly

on the character of the programs, which are arranged in such a manner that matters of vital interest are brought before the meetings,

the consensus of opinion developed, and uniformity of action

throughout the State obtained. He also mentioned the problem of

the weights on baled hay and what is being done in his vicinity to

meet it.

WISCONSIN WEIGHTS AND MEASURES ASSOCIATION

By D. E. Fitzgerald, Sealer of Weights and Measures, Racine

Mr. Fitzgerald supplemented the State report by a brief discussion of a new law on tlie sale of wood recently enacted in AVisconsin.

He stated that this law had placed the sale of wood upon a standard
10 BUREAU OF STANDARDS

basis and that it was being complied with satisfactorily throughout

the State. As a result sales of indefinite quantities had been eliminated, and the purchasers of wood were now assured of definite full

jneasure in the purchase of this commodity.

(Following these reports representatives from a number of cities

and counties presented brief reports upon vai'ious phases of the work

in their jurisdictions.) * (At this point, at 12.50 o'clock p. m., the conference took a recess until 2.10 o'clock p. m.)
SECOND SESSION (AFTERNOON OF MONDAY, MAY 26, 1924)

The conference reassembled at 2.10 o'clock p. m., Dr. George K.

Burgess, president, in the chair.

APPOINTMENT OF COMMITTEES

The Chair^man. It is customarj^ at this time to appoint two committees, one on resolutions and oTie on nominations. On the committee on resolutions the chair appoints:

A. W. Schwartz, of New Jersey, chairman,

I. L. Miller, of Indiana,

A. H. Gibert, jr., of South Carolina,

W. A. Payne, of Monroe County, N. Y.,

H. E. Estes, of Flint, Mich.

On the committee on nominations

:

W. F. Cluett, of Chicago, 111., chairman,

L. P. Strong, of jSIichigan,

T. F. Egan, of Connecticut,

W. B. McGrady, of Pennsylvania,

Wm. Foster, of Springfield, Mass.

• MAINTENANCE OF ACCTJRACY OF SCALES IN CREAMERIES

By J. Q. Emeby, Superintendent of Weights and Measures, State of Wisconsin

I have ventured to extend the scope of the theme assigned me

to embrace the allied subjects of cheese factories and cream and

milk buying establishments. I shall treat the subject from the standpoint of concrete experience rather than from the mere speculative

or theoretic point of view. This is compatible with the law of cause and effect, that before a remedy can be intelligently applied the cause of the defective condition must be ascertained.

The importance of the subject becomes apparent as the extent of

possible gains or losses is developed. In discussing the subject from

a concrete standpoint, I must necessarily confine myself to the State

of Wisconsin. It may be observed, however, that the conditions

existing before any regulatory means were emploj-ed to obtain

accuracy were, probably, about the same as existed in the other

dairy States, and that the means there successfully employed to

accomplish the end sought are likely to be applicable elsewhere.

The necessar}^ degree of accuracy is taken care of very satisfactorily by the tolerances adopted by this conference, and which

have been in effect in Wisconsin since 1914. The particular measures necessarj' to adopt in obtaining accuracy depend, a great deal,

upon the condition of the apparatus at the incipiency of inspectional

service.

11
12 BUREAU OF STANDARDS

There are in use in Wisconsin creameries, cheese factories, condenseries, and milk and cream buying stations approximately 10,000

scales, valued at more than $350,000. These 10,000 scales may for

their consideration be divided into four general groups, as follows:

About 4,200 used exclusively for weighing milk or cream purchased

;

about 3,4lO used for weighing the butter and cheese before shipment

or sale; about 1,415 used for cream and milk testing; about 975 used

for the testing of moisture in butter and cheese, 675 being used for

butter and 300 for cheese.

Upwards of four billion pounds of milk and cream, valued at ninety millions of dollars, are weighed annually over the 4,200 scales

first mentioned, or an average of 952,380 pounds, having a value of

$21,430, for each scale. If a discrepancy of 1 per cent, or 1 pound

on 100, occur in any of these scales, it means a loss or gain of $214.26

to the operator of each scale so in error. A general notion of the work of the 3,410 counter scales can be

gained from the following statements : In 1923 Wisconsin produced

approximately 300,000,000 pounds of cheese, valued at $60,000,000,

to transport which 12,500 freight cars would be required, making

250 trains of 60 cars each, or 98 miles of trains. If all of this cheese

were made into the type of cheese known as Long Horns and placed

end to end, it would make 24 rows of cheese 180 miles long, or a belt

12 feet wide made of cheese 6 inches in diameter. This amount of

cheese put into a solid mass would cover a space 300 feet square, or 90,000 square feet, to a height of 590 feet. The necessity for ac- curacy of scales required to do such a vast amount of this kind of

work need scarcely be dwelt upon.

The correct percentage of the moisture content of 138,693,322

pounds or more of butter is determined annually by the careful

weighings of 10-gram samples on the 675 moisture scales in use in

the butter factories. An error of one-half of 1 per cent in these

scales might cause a loss or a fine to the operator, as this error means a discrepancy of $285,000, or $422 for each scale. If an error

sufficient to cause a reading of 1 per cent less than correct were in

the 1,415 scales used for cream testing, the loss to sellers would be

$1,990,249, or $1,406 for each scale. As the cream-test scales are the most important from a monetary standpoint, they are given

fuller discussion than some of the other scales.

There was a time when an 18 cubic centimeter cream pipette was

considered sufficiently accurate to use in making cream determinations, but when it became known that such a pipette would deliver

17.9 grams of a 10 per cent cream and only 15.8 grams of a 50 per

cent cream, the cream pipette was replaced by various types of

cream-test scales. The wide range in the specific gravity of cream

showed the unreliability of the use of a pipette. Every intelligent

creamery man is now aware of this. But it is not so generally known

that errors approximately as great as those obtained through the use of the cream pipette may be obtained by the use of inaccurate and

insensitive cream-test scales.

The better class of books on the testing of cream give minute ex- planations to the operator concei'ning various ways in which mistakes or errors in the reading of the fat content of the cream are made, the proper temperature at which to take readings, the proper

method of reading the meniscus, the strength of the acid to be used,
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 13

and the number of revolutions to be made by the centrifuge. These

and other essential details are described, but little or nothing has

ever been published with regard to the errors that arise through the use of inaccurate cream-test scales, and, consequently, of the means

of correcting them.

Investigations show that many of the mistakes made in creameries in determining the fat content of cream are due, not simply to

the causes enumerated in the paragraph above but to the use of

scales of improper construction. Frequently creamerymen find

themselves unable to duplicate tests in the determination of the per

cent of butter fat in cream. Frequently farmers send their cream to

the State dairy and food commission, to the university, or to the

county training schools for analysis, and the results obtained differ

from the readings given at the factory. In some instances, this

difference has been found to be due to the use of cream-test scales

that were not sufficiently sensitive.

For the purpose of determining what types of cream-test scales

were the most accurate and the best adapted to weighing an 18-gram

sample of cream, State inspectors of weights and measures were

sent to various creameries of the State to inspect the scales in use and to check up the weights obtained upon such scales by the cream- erymen. The buttermaker at the creamery was asked to weigh a given number of samples of cream on his scale, following the methods pursued by him in his daily work at the factory. In practically

every instance, greater than usual care was taken in making the

weighings. The bottles containing the samples of cream were then

securely corked and brought to the office of the State department

of weights and measures at Madison, where they Avere reweighed on

a delicate Becker office balance sensitive to 0.1 milligram. The

I'esults were so surprising that a table was prepared and published

in a bulletin issued in 1914. This table revealed the fact that the

more sensitive the scale the smaller the error resulting in weighing

the cream. In one instance the error or variation in duplicate tests amounted to 3.5 per cent. In another test the variation was only

0.31 per cent. The first scale had a sensitiveness of 9 grains whereas

the latter was sensitive to one-third of a grain. In another set of

tests 9-gram samples were weighed instead of IS-gram samples, and

the variation was 9.64 per cent. It is clear from this that the

smaller the charge the greater will be the percentage of error accru- ing through the use of a sluggish scale. If a 9-gram sample had

been taken in the first tests mentioned, the variation in duplicate

tests would undoubtedly have been about 7 per cent. Innumerable

cases were found where scales were in daily use for weighing samples

of cream that had a sensibility reciprocal of from 3 to 10 grains.

Few scales were found with a sensibility reciprocal of 1 grain as provided for in our present tolerances and specifications.

Cream-test and moisture-test scales were found in use where the

vibrations due to the movement of the machinery were excessive;

in one instance the test scale was placed on top of the centrifuge by

the operator and samples weighed while the centrifuge was in motion.

In some cases the scales were left exposed in a damp room and were

covered with rust; in other cases dirt and dust had accumulated on

the bearings. Little regard had been given to the placing of the
14 BUEEAU OF STANDAEDS

scales upon a level surface, and while weighing was being done the

scales were often exposed to currents of air.

The first systematic inspections that were made showed that 70

per cent of all the cream-test scales Avere extremely faulty, and of

those that were fairly accurate only a few were used properly. The

first field inspections showed that a very large percentage of the

scales used for weighing the milk and cream purchased were faulty

;

rusty, worn bearings, broken pivots, home-made loops and weights

were in evidence in a great many factories; scales were improperly

placed and improperly used; and frequently scales were made to

do service as trucks. Oftentimes, the scales were placed on a slant

so that the milk or cream would drain out of the weigh can, and nails

were commonly used for balancing. In a few cases salt had been

placed in the bearings to keep them from freezing together during

the cold weather. Counter scales were found in much the same

condition as the intake scales. This is only a glimpse of the many

causes of the defective conditions found, but having found these

causes, we were prepared to apply the remedy. In other words, ac- curacy must be secured before it can be maintained. Therefore, the

first condition to be sought for the maintenance of accuracy of scales

in creameries is to get good scales into the factories. You must catch

the hare before you can cook it. Not all of the manufacturers were making cream-test and moisture-test scales that would comply with the tolerances and specifications issued; consequently, changes had to be made by them. In

order that correct types of cream-test and moisture-test scales would

reach the factories, manufacturers were requested to send all of these

types of scailes to the office at Madison for test. If they were found

nonstandard, they were returned to the seller at once. This rather

drastic measure soon had the effect desired and the cooperation of.

the manufacturers was secured.

This plan was not feasible with regard to the larger scales, however, and it did not afford opportunity for supervisional work in the

places where the scales were used; and this supervisional work was

absolutely necessary to maintain accuracy. A large percentage of

the factories are located in the country away from the railroad, and

it was impossible for the regular weights and measures men to visit

these factories often enough to properly supervise the use of the

scales; fortunately, Wisconsin had creamery and cheese factory inspectors making these establishments, and the experiment (which

proved successful) of having these inspectors test and supervise the use of the scales, was put into effect. At the present time the creamery and cheese factory inspectors test all scales in country factories, and the regular weights and measures inspectors do the test- ing in railroad towns. With this system in effect the percentage of

incorrect scales was reduced fi-om 70 to less than 11 per cent in two

years ; at the present time it is only about 5 per cent. In other words,

there has been a reduction of approximately 93 per cent in the percentage of inaccurate scales.

There are many factors necessary to maintain accuracy in scales

in creameries and allied establishments, and I shall attempt to

enumerate only the ones which, in my opinion, are the most essential.
SEVENTEENTH CONEEKENCE ON WEIGHTS AND MEASURES 15

As before stated, the first requisite is a good scale suited to the use

for which it is intended. Next in importance is frequent inspection and supervision by competent inspectors ; the supervision necessitates considerable knowledge of the dairy business by the inspector.

An effective method of dealing with owners of scales is to touch

their pocketbooks, and inspectors can demonstrate to owners of scales

in creameries the effect of rust upon such scales; they can easily

show that the life of a scale will be at least doubled by proper care and preventing of rust. A $350,000 investment certainly warrants

attention and care. Suggestions have already been made as to placing of scales on level surfaces and to the necessity of keeping them

clean. In most factories steam is used, and with a minimum of ex- pense a steam hose can be used thoroughly to steam the intake and

counter scales after cleaning, so that they will quickly dry, thus

preventing rust. The smaller scales if placed in a fairly dry room

and the bearings wiped with an oil-saturated cloth will not rust.

Scales are condemned by the inspectors just as soon as the sensibility limit has been reached, and the owners are left a blank to be

filled out, showing the disposition made of such condemned apparatus. Such blank is sent to the weights and measures office and

the office in turn refers the matter to the inspector in the territory,

who then makes a reinspection. The owners soon realize, by ex- perience, that time spent in properly attending to their scales is most profitable. Beyond successful controversy, the one predominating factor in the maintenance of accuracy of scales in creameries is

frequent, competent inspection and supervision.

Eternal vigilance is the price not only of liberty but of ac- curacy of scales in creameries as well as elsewhere.

DISCUSSION OF ABOVE PAPER

The Chairman. Mr. Emery has given us an interesting account

of the increase in accuracy of creamery scales. Does any one wish

to discuss Mr, Emery's paper or ask him any questions?

Mr. Siren. I would like to ask Mr. Emery a question in regard

to butter—whether it is short weight in Wisconsin as it is in Louisiana ? As an average, I never have found it overweight ; it is always

underweight,

Mr. Emert. If we find it short weight in Wisconsin we prosecute.

Mr. Siren, I have weighed considerable butter shipped into Louisiana and sold in pound prints, quartered, and I always find it short weight, sometimes as much as one-half ounce to the quarter,

which would make it 2 ounces short to the pound. They tell me

that butter in prints is never weighed, but that it is cut like cheese.

Mr, Emery. Some years ago in Wisconsin they had the practice

of selling butter in " called pounds," but that has not been the practice since the weights and measures law has been in operation. In

regard to the application of the law to the fact that the butter is

shipped into Mr. Siren's State, I Avill say that so long as any transaction takes place in Wisconsin it is in my jurisdiction, and, as I

have said, I prosecute wherever there is a violation of our laws.

When it comes to Louisiana it is in the jurisdiction of Louisiana.
16 BUEEAU OF STANDAEDS

Mr. BuLsox. We had the same situation in our county in New

York, but a remedy was applied which is working out very nicely.

Some years ago we found butter short weight, and when the dealers

found it would not comply with the New York State law^ they sent

it back to the manufacturers. We have several creameries in our

county, and once a month we check up on each creamery, not only

in my county but in adjoining counties, and in the past year I have

never found any short butter to amount to anything; it is all within

the tolerances. There have sometimes been cases where manufacturers got in trouble because of the manner in which the butter was

produced, especially in relation to the salting operation. I am not

an expert butter maker. However, I watched the manufacture of

butter in two different creameries and noted the results. In one

case the butter was taken from the churn and at once washed, salted,

and printed. I personally took 48 prints of it, weighed them and

put them in a locker and locked them up. After about 10 hours I

took the butter out and reweighed it and it had lost II/2 ounces to

the brick. In another creamery this method was followed: The

butter was churned in the morning about 9 o'clock and was salted

and left in the churn until 3 o'clock in the afternoon, when it was

taken out, printed, and prepared for the max'ket. I weighed some

prints of this product and then locked them up for a period of 24

hours. This butter did not shrink appreciably in 24 hours. I think

that the salt unites with the water in the butter and some drains off

in a brine, and that by allowing the butter to lay for a short time

when worked this loss occurs before the printing. All butter makers

Avho follow the latter practice get away from trouble due to shrinkage. However, there are some creameries who hire the man who can

get the most butter out of the cream. Mr. Siren. The butter apparently is never weighed, but is cut.

The cutters are all right if the butter is firm and if no airholes are

in it. I have also found butter in tubs which weighed 2 or 3 pounds

less than marked.

Mr. McGeadv. Mr. Chairman, in Pennsylvania we do not care where the butter comes from, whether from Wisconsin or New York

or anywhere else. If we find a man consistentlj^ selling short-weight

butter, we tell him that the mayor desires to see him in the morning.

Mr. Egan. ]Mr. Chairman, I believe the remedy indicated by Mr.

Emery is the right remedy in tliis matter of short-weight butter.

Some years ago after we had about 10 or 12 prosecutions around

in different towns for short-weight butter, I had a conference with

the storage man handling it and he returned 6.900 pounds of butter

to Illinois. All of it was about 1 ounce a pound short, and we

have not had any trouble since from short-weight butter from

Illinois or any other State. I think prosecutions will put an end

to that kind of thing. I think that could be done anywhere.

Mr. SiEEN. I do not think you should prosecute ; I think you ought

to confiscate the goods. I believe it is wi'ong to convict the local

man who sells it, since he is not primarily responsible.

Mr. Lock. I am in the same predicament as our friend from

Louisiana. I have in mind some short-weight butter which came
SEVEITTEENTH CONFERENCE ON V/EIGHTS AND MEASURES 17

from Canada. I notified the Federal authorities and they immediately sent over and seized the butter.

Mr. Emeet. In regard to the responsibility of the seller, in refer- ence to short weight, the courts have held that the protection of the

public is so necessary and so important as to warrant the holding

of the seller responsible for knowing what he is selling. For my own

part I must differ from my friend from Louisiana. If I understand

the law, it is the function of the legislature to declare what the law

shall be. When a law is placed upon the law books by the lawmaking body of the State then I as an officer am required to enforce

the law. It is not an optional matter for me. Mr. Miller. Mr. Chairman, we already have Federal machinery

to handle the situation. If the officials in Louisiana will refer the

case to the United States Bureau of Chemistry of the Department

of Agriculture, they will make a case, because the law is that any

food in package form that is short of weight is in violation of the

United States food and drugs law.

THE ADMINISTRATION OF WEIGHTS AND MEASUEES IN PORTO

RICO

By B. J. Saldana, Executive Secretary, Govermnent of Porto Rico

Ten years ago F. S. Holbrook informed the Ninth Annual Conference on Weights and Measures that he had just returned from a several months' stay in Porto Rico where he had organized a bureau

of weights and measures. The Porto Rican Legislature had just

passed a new weights and measures law, and herein, I think, we

possess an advantage over most of the States of the Union. Our

laws cover the whole weights and measures field and the executive

secretary of Porto Rico, which position I am now holding, has regulatory powers; that is to say, has authority to issue rules and regulations which have the effect of laws; and by means of these rules

and regulations such deficiencies in the law as may be observed are covered.

Prior to the enactment of the statute referred to, although we had

a weights and measures hiAv on our books, no organization to enforce

it had been provided for, and it was therefore useless, and we had

reached a stage in which stores flourished posters advising the public that they were using pounds of 400 grams (14 ounces), although

the}^ were buying their provisions in the States on the basis of the

usual pound of 16 ounces. Canned goods vt^ere purposely ordered

with the containers partially filled, so that we had, for example,

size No. 25, which meant 25-pound cans, containing only 181^ pounds.

To enforce the law above mentioned Mr. Holbrook helped me or- ganize the bureau.

It may be of interest to the members of the convention to compare the first year's work of 1914 with last year's report. I was

then the chief of the bureau of weights and measures, and at the

snd of the year in my annual report I stated that 206,350 pieces of

apparatus had been tested by our inspectors. Last year 265,545 were tested, an increase of 59,000 in round numbers.
18 BUREAU OF STANDABDS

The following percentages will indicate more clearly the progress

made during these 10 years:

Apparatus tested

Apparatus

Correct Rejected Confiscated

1914 1923 1914 1923 1914 1923

Per cent Per cent Per cent Per cent Per cent Per cent Counter scales 22 74 25 24 53 2 Spring scales 36 85 40 8 24 Platform scales 27 78 66 20 7 2 Weights ___ 25 70 40 20 35 10 25 97 8 1 67 2 Liquid measures 16 93 5 1 79 6

This shows the progress attained in the 10 years of work of the

bureau of weights and measures organized by Mr. Holbrook.

Our weights and measures organization differs somewhat from

the one most commonly found in the different States. The force of

the bureau consists of a chief inspector, an assistant chief inspector,

and eight insular inspectors. I must explain that I am not the chief

inspector any more. I left that position in 1917. Now I am the

secretary, and head of the department under which the weights and

measures department is placed.

Each municipality has a weights and measures inspector, but only

in five or six of the principal towns do these officials dedicate all

their time to weights and measures work; in the rest of the towns,

having other municipal duties to attend to, the attention given by

these employees to weights and measures activities is rather limited.

Nevertheless, in all matters pertaining to weights and measures they

take their orders from and follow the suggestions of the chief inspector. The island is divided into seven judicial districts, and we

have one insular inspector in each district, who is supposed to inspect the work done by the municipal inspectors ; but in actual practice, due to the limited funds at the disposal of the municipal inspectors, more than half of the actual work of testing the instruments in the stores, especially in the rural districts, has to be performed by our district inspectors. Thus, as you may imagine, they

are kept busy all the year round to make just one annual inspection

of each store in their district.

Naturally most of the new instruments are imported from the

States, and they must be tested at the ports of entry before being

offered for sale, and every instrument that comes to Porto Rico is submitted to a rigid test before it can be offered for sale. Last year

the total number of new instruments tested was as follows : Counter

scales, 572; spring scales, 1,270; platform scales, 154; weights, 36,159;

liquid measures, 11,323; linear measures, 17,496; glass graduates,

1,697 ; and milk bottles, 20,736.

Sugar being the main product of the island, the inspection of the

large-capacity scales used by the centrales to weigh the cane bought

from the colonos constitutes during the crop season the hardest

problem our insular inspectors have to face, these scales being located

all around the coast of the island and the transportation of a suffi-
SEVENTEENTH CONFEEENCE ON WEIGHTS AND MEASURES 19

cient number of weights being quite expensive, with the funds at our

disposal limited. I might add that we have large sugar mills in

Porto Rico, one, I think, being the second largest sugar mill in the

world. The bureau has not been able to acquire a test car, and the

railroad scales are tested with the aid of 10 tons of test weights,

using at the same time the T\'eight of an all-steel car as a standard

weight, after having carefully weighed it at the beginning of the

trip. Last year we tested 76 railroad scales and 173 cart scales, the

percentages correct being 76 and 66, respectively. The regulations

and tolerances we use are those adopted by the Eleventh Annual

Conference of 1916, and we are following these closely and have

embodied also all of the latest regulations adopted by the subsequent

conferences.

Our experience with regard to gasoline pumps is that about half

of them are*ictually being used simply to draw the liquid, which is

then measured independently. The owners of the pumps seem to

have much trouble to maintain them within the required exactness.

Lately the bureau had to test five gasoline delivery trucks of 1,000-

gallons capacity each, divided into four compartments. To determine the exact location where the gauge indicator should be sealed,

we had a 25-gallon portable measure made and equipped with a 3-inch

quick-action gate valve to empty the measure. Taxicabs have just made their appearance in Porto Rico, and we

are inspecting the taximeters employed on them, too. You see, therefore, that Porto Rico is up to date, and all your problems are our

problems, and they are met and solved by our inspectors.

Couiparing last year's figures of packages reweighed with those

that appeared in our first annual report, we find that in 1914

5'9.76 per cent were correct; last year we had 68.20 per cent; heavy

packages were 31.07 per cent in 1914 and 24.88 per cent last year;

while light packages were 9.17 per cent in 1914 and 6.92 per cent last

year.

In 1921 the legislature passed a law limiting the size of loaves of

bread to 1 pound, one-half or one-fourth pound, or multiples of 1

pound, and requiring the bread to be sold wrapped and the wrapper

to show the name of the bakery, price per pound, and the weight

and price of the loaf. This law was put in force with the cooperation

of all the bakeries, with the exception of an occasional attempt from

some of them to manufacture loaves smaller than one-fourth of a pound. This law is being enforced very successfully, and we have

not had any trouble with the bread manufactui^ers.

Our problems are the same as those that confront you. All our food and other articles are imported from the United States, so that our inspectors have to exercise vigilance in respect to the wholesale

trade to see that it complies with the net-weight requirements as well

as in respect to the retail trade to curb any tendency toward short

weight.

To enable us to enforce our law the legislature appropriated last

year $24,707.65 for salaries and $9,250 for stationery, traveling ex- penses, transportation, etc. ; that is, a total of $33,957.65 for weights

and measures regulation, this including, of course, the force charged

with the inspection and test of electric, gas, and water meters.

6379°—24 3
20 BUREAU OF STANDAEDS

Though the number of violations has decreased, 745 complaints

were registered last year, obtaining 637 convictions with fines

amounting only to $1,683, the average fine being, of course, rather

small.

As I have already mentioned, our bureau is also charged with the

testing of electric, gas, and water meters, this new service being

under the care of an electrical engineer with two assistants. We

have, therefore, equipped a small laboratory with a complete set

of primary standards, duly tested by the Bureau of Standards, and

a double set of direct and alternating current portable test sets for

electric meters and a portable cubic-foot standard . for gas to test the gas company's gas prover. With our reduced force provided

for by the budget, our attention is specially devoted to the investigation of complaints, when consumers and public utilities can not

agree, and to the routine investigation of the meters in use by the

companies after being tested by them and installed. Our law providing for the inspection of these meters provides that all the meters

in use shall be tested, but the legislature failed to provide us with

the necessary facilities to carry out this provision of the law, so we

are restricting our inspections to such apparatus as is the subject

of discussion between the company and the consumer. During the year these inspectors of m.eters tested 1,662 electric

meters, 25 water meters, and 8 gas meters, a total of 1,695, distributed

in 34 different towns; 369 were found with errors, as follows: Plus,

211; minus, 94; and 64 defective (creeping, etc.), the errors as a rule

being slightly above the permissible variation.

I shall now discuss the metric system in Porto Eico, and I am

very sorry to have to do it. Prior to 1898, Porto Rico being a Spanish possession, the metr-ic system was the only legal system in use. The Americans brought the English system, so that ever since both

the metric and the English systems have been in use ; and due to the

fact that nearly all the imports are from the States, the English

system has superseded the metric system in its entirety. Here I want

to call the attention of the opponents of the metric system to the

arguments continuously brought forward by them as to the difficulties

of implanting the metric system throughout the Nation. In Porto

Rico it has been proven that the people readily change from one system to another, and it only requires a couple of years before they

become completely accustomed to the new system. In several municipalities, ordinances have changed the system used in meat markets

from pounds to kilos and back again, without any apparent hardship, and if we use more extensively the English system throughovit

the island it is simply due to the fact that our imports from the

States are always based on that system, and the retail trade follows

the wholesale. But the public is much more in favor of the metric

system than of the English system, the supei^iority of the former

over the latter being beyond discussion.

That is my report of the weights and m^easures work in Porto Rico,

and I think that you will gain the following general idea of the

situation from what I have said : We have a very efficient law and

we have a set of rules and regulations adopted in accordance with the

advice of the Bureau of Standards. We always follow the instructions of the Bureau of Standards, so we are on the safe side. We are
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 21

sure we are not failing in any respect, and in this work we are indebted to Mr. Holbrook, to whom we owe this fine administration of

weights and measures in Porto Rico.

Before I finish my remarks I think it is only just to you that

I draw your attention to the beautiful island of Porto Rico. You

should be proud of this insular possession. Your Nation has done a great work in Porto Rico. This island came into the hands of the

American Nation as a result of the Spanish-American War, and the

progress attained under the influence of the Amei'ican Nation is

marvelous. This progress has been attained not only through the

efforts of the officers that the United States Government sent down

there, but also through the residents and the people of Porto Rico.

We devote one-third of our incomes to education and about twothirds of our income goes for education, public works, and sanitation. We take pride in a most beautiful system of roads, and our

public health service is a remarkable institution under the circumstances prevailing.

This is a beautiful island in the Carribean, and such a fine morning

as we are enjoying here to-day, we enjoy every day in Porto Rico, with

bright sunshine and an azure blue sky. If you can find time in the

future I wish you would make a visit to Porto Rico, for I know you

will enjoy it, and it will be an honor and a privilege for us to have you

visit us at any time. You certainly will be proud of the work ac- complished by the American Government in Porto Rico.

DISCUSSION" OF ABOVE PAPER

The Chairman. I am sure, gentlemen, that I express the sentiment of all of you when I say that Mr. Saldaha has given us a most

instructive and interesting account of the weights and measures work

in the island of Porto Rico. Does anyone wish to discuss the paper ? Mr. Dale. Mr. Chairman, I would like to ask Mr. Saldana to

what extent the Spanish vara was used in 1914 when this reform was

begun.

Mr. Saldana. It was very extensively used, almost universally

used; the meter was used only occasionally.

Mr. Dale. Do they use it yet to some extent—the Spanish pound,

ahd the vara?

Mr. Saldana. No ; not at all. They are not permitted now by law.

The Chairman. It is interesting to know that the population can change over from the metric to the English system and back without

trouble.

KEPORT OF COMMITTEE ON SPECIFICATIONS AND TOLERANCES ON

SPECIFICATIONS AND TOLERANCES FOR FABRIC-MEASURING

DEVICES, PRESENTED BY F. S. HOLBROOK, CHAIRMAN

Mr. Chairman and gentlemen, the committee on specifications and

tolerances desires to bring before the conference at this time specifications and tolerances for fabric-measuring devices.

To refresh your minds on this subject we may state that several

years ago the conference by resolution referred to the committee the

question of specifications and tolerances for fabric-measuring devices, with the suggestion that the committee proceed with the con-
22 BUREAU OF STANDAEDS

sideration of these devices, and bring back to the conference a report

thereon for its consideration.

The first year the committee assembled the devices at the Bureau

of Standards and studied tliem, and at the Fifteenth Annual Conference tolerances on these devices were proposed to you with the

suggestion that they be tentatively^ adopted, and this action was

talven. At the same time Ralph W. Smith, of the bureau, gave a

vei'y excellent paper describing a method of testing these devices,

which was adopted by the conference as the standard method of test. Your committee continued its work and last year, at the Sixteenth

Annual Conference, specifications having been developed by the

committee, these were projDOsed to you and again it was suggested

that a tentative adoption be had in order that you and the manufacturers might study the recommendations in detail at your leisure and

determine their practicability and workability. It is these tentative

specifications and tolerances which the committee brings before you

to-day for action.

In the meantime your committee has been examining and testing

devices of this character on its own account and has also been

receiving and studying suggestions made in connection with the

tentative code adopted. As a result of this consideration your committee has to report that only one amendment to the tentative code

is suggested. This amendment is to a tolerance figure. In general,

in the tolerance table, the tolerances on excess deliveries have been

made somewhat greater than the tolerances on deficient deliveries

except in one case, the tolerance on the yard, in which the tolerance

in excess and the tolerance in deficiency were made the same figure

that is, one-quarter of an inch. The committee now desires to suggest that the tolerance in excess on the 1-yard graduation be increased. In the case of used machines in the field we recommend

that the tolerance in excess be increased from one-fourth inch to

three-eighths inch on registrations of 1 yard or less. That will in- crease the tolerance on new machines from one-eighth inch to threesixteenths inch, and will result, if it has any effect at all, in a

slightly greater average delivery to the customer. So far as we

have learned, users of the machines do not object to this increase in

tolerance, and the change has the decided advantage of making it

somewhat easier for manufacturers, who have had some difficulty in

some cases in controlling backlash within the old limits, to produce

the machines. On these accounts, and also since the new value can

not be considered an unjustifiably large one, it seems that the amendment suggested is an entirely reasonable one. As we have stated, these tolerances have been before you for two

years and the specifications for one year. Last year tiiey were distributed to the conference in mimeographed form. Following the

conference a large number of copies were distributed by mail, and

they were also included in the printed proceedings of last year's

conference. We therefore have no doubt that you are entii-ely

familiar with these specifications and tolerances, copies of which

are now again placed in your hands for reference. With the amendment suggested above these will now read as follows
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 23

SPECITICATIGNS AND TOLERANCES FOR RETAIL FABRIC-MEASURING DEVICES

Definition.—A fabric-measuring device is a mechanism or machine adapted to measure and automatically indicate the length of

fabric passed through it. A computing fabric-measuring device is a fabric-measuring device which automatically indicates the total

price of the amount of material measured, for a series of unit prices.

Unless otherwise specifically indicated by the context, the term

" fabric-measuring device " as used herein shall be understood to

include computing fabric-measuring devices.

Note.—The following specifications shall be applied only to fabric-measuring

devices designed and constructed to measure fabrics at retail. Specifications.—1. Fabric-measuring devices shall be graduated

in units of the customary system and its usual subdivisions. The

maximum value of the minimum length graduations on fabricmeasuring devices shall be one-eighth yard.

Note.—This shall not be understood to exclude fabric-measuring devices

graduated in the metric system. (See Specification No. 12.)

2. The length graduations and the value graduations on all fabricmeasuring devices shall be clear and distinct and their length shall

be so varied or they shall be so arranged that their meaning or value

is readily apparent and their indications may be conveniently read.

The width of any graduation mark shall in no case be less than

0.008 inch.

3. The clear interval between one-eighth yard graduation marks

on fabric-measuring devices shall not be less than eleven-sixteenths

inch (0.6875 inch) ; if inch graduation marks are employed the clear

interval between such inch graduation marks shall not be less than

one-eighth inch (0.125 inch). These values shall be applied to the

most sensitive indicating element with which the device is equipped.

The clear interval between value graduation marks on fabricmeasuring devices shall not be less than 0.02 inch.

4. Value charts may be made in accordance with either of the

following principles

:

(a) If the device is so designed and constructed that it purports

automatically to compute for a series of unit prices the total price for

every length within the range of the device, then the device shall be

equipped with a value pointer or indicator and value graduation

marks ; the value graduation marks shall be correctly placed ; and in

any position which the indicator or pointer and the chart may assume

there will be exposed to view a sufficient number of value figures and

graduations to permit the value indications of the device to be read

correctly. The value graduations shall not exceed 1 cent at all

prices per yard up to and including 30 cents. At any higher price

per yard the value graduations shall not exceed 2 cents: Provided,

however. That nothing in the above shall be construed to prevent the

placing of a special value graduation to represent each 5-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.
24 BUREAU OF STANDARDS

(b) If tlie device is so designed and constructed that it purports

automatically to compute only for lengths corresponding to a definite

series of length graduations, then there shall be no value graduation

marks and at no position v^hich the chart may assume shall two value

figures for tlie same unit price be completely and clearly exposed to

view at the same time. One of the following alternatives shall also

be complied with: (1) There shall be a value computation for each

length graduation throughout the range of the device; or (2) no

value indication may be exposed to view except at such times that the

device registers a length indication for which a correct value indication is provided; or (3) each column or row of value graduations

shall be clearly and conspicuously marked with the lengih graduation to which the values correspond, the device shall be marked with

the character and limitations of the computations made, and there

shall be a computation for at least each one-eighth yard, throughout

the range of the device.

All money values corresponding to definite length graduations

must be mathematically correct except as follows: If the mathematically correct amount includes a fractional part of a cent, the

fraction shall be dropped if it is less than one-half, but if the fraction is one-half or more the next higher cent may be shown.

5. Each pointer or indicator used in a fabric-measuring device

shall be so designed and constructed that a clear, distinct, and ac- curate reading is given. All pointers or indicators shall be symmetrical about the graduation marks at which they may stand and shall

reach to all such graduation marks. The width of the pointer or

indicator, or of the end thereof, shall not exceed the width of the

smallest graduation marks on the scale with which it is used and

in no case shall such width exceed 0.015 inch. The distance between

the pointer or indicator and its scale shall not exceed 0.06 inch.

6. Fabric-measuring devices shall be so designed and constructed

that in any position which the indicator or pointer and the chart

may assume in its operation there will be exposed to view a sufficient

number of figures and graduations readily to permit the length indications of the device to be read correctly.

7. Fabric-measuring devices shall be so designed and constructed

that the indicating elements used in registering lengths or prices

of deliveries to individual purchasers are returnable readily to a

definite and clear zero reading before the next measurmg operation

is begun.

8. All fabric-measuring devices shall be correct in their length and

value indications whether the indications are being increased or

decreased.

9. If a fabric-measuring device will not give correct results when

used for the measurement of all fabrics, then the device shall be so marked as clearly to indicate its limitations.

10. All markings, instructions, figures, and graduations required

under these specifications shall be of such size, design, material, and

location and shall be so applied or affixed that they will not tend

easily to become obliterated or illegible.

11. All fabric-measuring devices and all devices designed to be

attached thereto and used in connection therewith, shall be of such

construction that they are not designed to and may not be used to

facilitate the perpetration of fraud.
SEVENTEENTH CONFEEENCE ON WEIGHTS AND MEASURES 25

12. Nothing contained in the above specifications shall be understood or construed to prohibit the sale or use of fabric-measuring

devices constructed or graduated in units of the metric system.

The tolerances to be allowed on fabric-measuring devices constructed or graduated in units of the metric system, shall be the same

as those specified on similar devices of an equivalent size in the

customary system.

Tolerances.—The tolerances to be allowed on the delivery of retail fabric-measuring devices in excess (underregistration of device)

and in deficiency (overregistration of device) to be applied on both

increasing and decreasing registrations of the machine shall

be the values shown in the following table : Provided, however,

That the manufacturers' tolerances or the tolerances on all new retail fabric-measuring devices shall be one-half of the values given

:

Tolerances on delivery of

retail fabric-measuring

device i Machine in- dication In deficiency In excess

(overregis- (underregistration) tration)

Yards Inch Inch

a 1

. y* H

2 ys

3 A

4 y-i 5 % %

6 % %

7 1 8 1 9 y%

10 IH

11 H

12 Vs Wa. > 13 y» IM

14 1 2

15 1 2

• "Tolerances on delivery" refers to the variations between the indications of the fabric-measuring de- vice and the corresponding actual lengths of testing strip passed through the device, and does not apply

to cheek measurements made upon lengths of fabrics which have been commercially measured.

' Or less. For machine indications of more than 15 yards add one-sixteenth

inch in deficiency and one-eighth inch in excess per indicated yard.

Eespectfully,

(Signed) F. S. Holbrook, Chairman^

Wm. F. Cluett,

Wm. B. McGrady,

Committee on Specifications and Tolerances.

DISCUSSION OF ABOVE REPORT

Mr. Holbrook. The recommendation of the committee is that these

specifications and tolerances be now brought up for final adoption

that they may be put into force and effect in the various States. I

do not know how you would prefer to handle this. The report

might be discussed in detail if you desire to handle it that way.

Mr. Schwartz. Mr. Chairman, I move that the specifications and

tolerances, with the amendment suggested, be finally adopted.
26 BUKEAU OF Standards

The Chairman. Does any member of the conference wish to

raise any question on this report?

Mr. Schwartz. Mr. Chairman, as Mr. Holbrook has explained,

this has been under consideration for two years. The onlj'^ change

made this year is in one tolerance figure. I would suggest that it

is the desire of the conference to adopt the report as a whole. I do

not see anything here that we should change.

The Chairman. Are you ready for the question?

Mr. Emery. I understand that Mr. Holbrook made a recommendation that a certain change be made. I move that this amendment

be adopted first. Mr. Schwartz. I second the motion.

(The question was taken, and the motion was agreed to.)

The Chairman. Now we will consider the report as a whole.

Mr. Schwartz. Mr. Chairman, I now renew my motion that the

report as a whole be finally adopted.

(The motion was seconded, the question was taken, and the motion

was agreed to.)

UNIFORMITY OF KEGTJLATIONS FOR MILK BOTTLES

By Ralph W. Smith, Bureau of Standards

At the first meeting of the Annual Conference on Weights and

Measures in 1905, Doctor Stratton, in his opening remarks, stated

that the reason for calling the conference was the existing lack of

uniformity in the weights and measures laws and regulations of the

different States and the obvious need for cooperative effort on the

part of the officials concerned with the enforcement of these laws

and regulations if this condition were to be remedied. Since that

time the constant effort of the conference has been to promote uniformity throughout the United States in the statutes, the specifications, and the tolerances affecting weighing and measuring devices,

and to coordinate the activities of the officials charged with the duty

of giving effect to these regulatory measures. The advantages of uniformity and proper coordination of effort- are too well understood by all of you to need elaboration at this

time. The notable achievements of the annual conferences in this

direction constitute the best evidence of your lively appreciation of

the value and desirability of realizing these advantages in the coun- try-wide administration of weights and measures supervision. Without uniformity of written rules, without cooperation of administrative officers, the work in each State is made more difficult, the general

efficiency of the separate departments is lowered, industry is needlessly hampered, and the ultimate service rendered to the people of

your several communities is lessened. And these unfortunate results, with no compensating advantages, come about notwithstanding

the individual excellence of the regulations which niay be in force

in any given jurisdiction, and notwithstanding the individual zeal

of the several weights and measures officers.

But, however much has been accomplished already, the need for

continued effort along these lines still exists. A conspicuous example

of the divergence which still prevails in the requirements governing
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 27

weighing and measuring devices may be found in the case of bottles

used for the sale of milk and cream. The simplicity of the articles

themselves (milk and cream bottles) emphasizes the inconsistency

of conflicting regulations affecting them. Here, if ever, it would appear that what is suitable for one jurisdiction should be suitable

for all. And yet we find that many of the States having regulations for milk and cream bottles have introduced, by statute or otherwise, special requirements of their own, which inadvertently have

resulted in requirements for bottles, especially marking requirements,

not uniform in many respects.

Let us consider briefly the situation as it exists to-day in relation

to milk and cream bottle regulations : We have at hand data on the

requirements of 31 States, these requirements being about equally

divided between statutory regulations and regulations promulgated

as specifications under statutory authority. No effort will be made

to give these requirements in detail, because, after all, it is only the

surmnary which interests us at this time. In the totals which follow

the total number of States having requirements of different kinds

under a particular heading will not necessarily equal the total number of States reported upon since all States do not have regulations

upon all of the points considered.

For convenience in making this analysis, the recommendations of

the conference will be considered as standard, and States having

adopted the conference recommendations in any particular will be

reported as having " standard " requirements on the particular point

in question. To refresh your minds upon the conference recom- mendations it may be said that these provide that the bottle shall be

made only in sizes specified under the heading " Liquid capacity

measures " ; that the bottle must be marked on the side with its

capacity and on the side or bottom with the name, initials, or trademark of the manufacturer ; that the filling point shall be one-fourth

inch below the cap seat on bottles having an inside diameter of not

more than 2 inches immediately below the cap seat, and that the

filling point shall be one-eighth inch below the cap seat on bottles

of larger diameter than that just specified ; and that the tolerance on

individual bottles of a capacity of 2 quarts, 3 pints, 1 quart, 1 pint,

one-half pint, and 1 gill shall be, respectively, 6, 5, 4, 3, 2, and 2

drams, with the tolerance on average capacity one-fourth of these

values.

We find then that, in the matter of permitted sizes, 18 States are standard; 3-pint bottles are not recognized in 3 States; in addition

to these, neither 3-pint nor gill bottles are recognized in 5 States;

1 State permits a 10-ounce bottle in addition to the standard sizes

;

and 1 State permits a third-quart bottle in addition to the standard

sizes.

In the matter of filling point, 13 States are standard; 10 States

require the bottle to be correct when filled to the cap seat; 1 State

specifies a filling point one-eighth inch below the cap seat; 1 State

specifies as the filling point the cap seat or some other definite point

;

and the regulations of 1 State are to the effect that bottles of a capacity of 1 qviart or under shall hold their correct capacity when

filled to a point not less than one-fourth inch below the cap seat,

with the distance for larger sizes in proportion.
28 BUREAU OF STANDARDS

On the question of tolerances we find the regulations of 15 States

to be standard; 5 States have special tolerances differing in one or more respects from the confei-ence recommendation.

As to capacity marking we find 23 States requiring the capacity

to be marked upon the side of the bottle; 2 States require that the

capacity be shown, but do not specify the location desired for this

mai"king. Three States require that the word " sealed " appear on

the side of the bottle. The name, initials, or trade-mark of the

manufacturer is required upon the side or bottom of the bottle by

the regulations of 20 States, this being the standard requirement;

3 States require this marking without specifying its position; 1

State specifies that this marking shall be upon the bottom of the

bottle ; and 1 State requires that the name, initials, or trade-mark of

the dealer shall appear on the side of the bottle or on the cap.

A designating number is required upon the side or bottom of the

bottle by 6 States; 1 State requires this marking on the bottom of

the bottle; 1 State requires that this appear upon the upper half

of the bottle; and 1 State requires this marking without specifying

its position.

A special character of marking is required in 2 States, this taking

the form of the State seal in one case and the abbreviation of the

State name in combination with the word " seal " in the other case. In 5 States a bond is required of the manufacturer as a guaranty

that the bottles marked in conformance with the State requirements

shall conform in all respects to the regulations affecting capacity,

etc.; 1 State provides that the bottle manufacturer complying with

its regulations shall be licensed.

Confronted with this diversity of regulation, the manufacturers of

milk bottles, some two years ago, solicited the cooperation of the

Bureau of Standards and of the Annual Conference on Weights

and Measures in reducing the multiplicity of requirements as nearly

as might be to a single standard, so that the business of manufacturing bottles might be simplified. This simplification would, of

course, eventually be reflected in lower bottle prices.

The proposition of the manufacturers was embodied in a series

of recommendations, as follows

:

First, that in the regulation relative to the marking of milk bottles,

only the word " sealed " be required, together with the bottle manufacturer's designating mark and number.

Second, that the Bureau of Standards be authorized to cooperate

with bottle manufacturers and State authorities in establishing a designating mark and number for each manufacturer ; that these be

registered in all States and be accepted by the States as their re- quirements on this point of practice.

Third, that a uniform point to which capacity is to be measured

be adopted, and that all of the States bring their laws and regulations into conformity on this point.

Fourth, that the tolerances on capacity, issued in Circular No. 61

of the Bureau of Standards, be confirmed and adopted as standard

by all States and municipalities.

Fifth, that the Bureau of Standards recommend and the States

adopt a standard method of determining capacity.
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 29

Sixth, that milk bottles be standardized as to volume, for half

gallons, quarts, pints, half pints, 'and quarter pints, and that the use of sizes other than these be forbidden by law.

Seventh, that the regulations in the municipality agree with those

in the State in which the municipality is located.

These recommendations were made at the Fifteenth Annual Conference in 1922, and since that time the bureau, in cooperation with

the conference, has been endeavoring to work out some plan of relief along these lines, because we have felt that the principles upon

which the request of the manufacturers was based are well founded

and that the recommendations which they made are entirely reasonable ones. Passing for the moment to the third recommendation of the manufacturers, in relation to a uniform filling point for bottles, you will

recall that at the conference last year a report was made by the

bureau on the investigation which was conducted as to the manner

of filling milk bottles prevailing in a number of representative cities

under what may be considered as good commercial practice. The

conclusions reached at that time were that present-day filling

methods result in milk and cream bottles being filled to an average

height of approximately one-fourth inch below the cap seat. This

condition conforms to the recommendations of the conference and

of the bureau in reference to the filling point on the bottles. But it is

obvious that if a bottle holds its correct capacity only when filled

to the cap seat, and if the average bottle of to-day reaches the con- sumer filled only to a point one-fourth inch below the cap seat, full

measure is not being delivered. It follows, therefore, that the " quarter-inch recommendation " should be adopted if we are to adhere

to the principle of full measure deliveries, and the former action of

the conference on this point appears to be entirely justified.

Before concluding this phase of the investigation, however, we

desired to learn more about the attitude of the users of milk bottles

on this question of filling point. Accordingly, at one of the sessions

of the annual convention of the International Milk Dealers Association, held in Rochester, N. Y., in October, 1923, Mr. Holbrook, of

the bureau, presented the results of the milk bottle investigation

just referred to. Following Mr. Holbrook's remarks, and after a

brief discussion, the convention passed a resolution placing the asso- ciation on record as favoring the use of bottles made in accordance

with the recommendations of the bureau and of the annual conference; that is, bottles holding their nominal capacity when filled

to a point one-fourth inch below the cap seat or stopple. This, of

course, refers to bottles of ordinary neck diameter.

As a result of this action on the part of the milk dealers, we now

have a very general sentiment in favor of this requirement. As far

as the consumer is concerned we know that the ultimate purchaser of

the milk prefers definite full measure to the consistent, even though

slight, short measure' which inevitably results from the use of a

bottle which is standard when filled completely to the cap seat. The

attitude of the weights and measures officials is indicated by the

action of the conference in adopting the " quarter-inch recommendation." The bottle manufacturers have said that it is a matter of
30 BUREAU OF STANDABDS

indifference to tliem as to where the filling point is, provided that

they may make all of tlieir bottles on the same basis.

As stated earlier, there are at least 10 States "which now require

that bottles shall hold their correct capacity when filled to the cap

seat. In vieAv of what has already been pointed out, it would appear that the logical solution of this phase of the problem is for these

last-mentioned States so to change their laws or their regulations as to make them conform to the recommendations of the conference and

of the bureau. This action should be taken for two reasons : First,

to secure uniformity on what appears to be the best basis; and,

second, to make it possible for dairymen to give full measure when

selling bottled milk.

So much for the important question of the filling point for the

bottle. As to the recommendation of the manufacturers that the

tolerances already adopted by the conference be adopted by all States

and municipalities, we find that, so far as we have been able to discover, only five States have adopted tolerances differing from those

recommended. Our opinion is that the tolerances adopted by the

conference are reasonable and fair to all concerned, and that it would

be ver}' helpful to the weights and measures officer and to the industrj^ if uniformity in this respect could be realized.

The fifth recommendation of the manufacturers had to do with the

method of testing bottles for accuracy. This matter was covered at

the last conference by the paper on this subject presented by E. L.

Peffer, of this bureau. In this connection it may be said that at

least one manufacturer of precision glassware has duplicated the

special bulb burette developed by the bureau for the laboratory test- ing of milk bottles and described in Mr. Peffer's paper, so that offi- cials desiring to secure this apparatus may do so without difficulty.

The sixth recommendation of the bottle manufacturers w^as to the

effect that only bottles of the capacities of half gallon, quart, pint,

half pint, and gill be permitted in use. This conforms to the former

action of the conference as to the capacities mentioned, but would

eliminate the 3-pint bottle which the conference specifications

allowed. In the opinion of the bureau the 3-pint bottle is used but

very little if at all, and all mention of this size might be omitted

from our specifications without any harmful results. A few States

have authorized the use of additional sizes of milk bottles, one State

permitting a 10-ounce bottle, and another a third-quart bottle. We

feel that the use of odd-sized bottles of this character is not advisable because these sizes are near enough to another regailarly recognized size which is slightly larger, so that misrepresentation is almost

invited.

Directly relevant to the consideration of this question of permitted nominal capacities of milk bottles is the decision recently reached

by representatives of the bottle manufacturers, the bottle-cap manufacturers, and the dairymen in relation to a simplification of style

and type of bottle. These various interests requested a conference

with the division of simplified practice of the Bureau of Standards,

and it Avas eventually decided to standardize upon three heights

each for quart, pint, and half-pint sizes, to eliminate entirely the

quarter-pint size, and to manufacture all bottles so that one size of

cap would meet the requirements of all varieties. The reason for
SEVENTEENTH CONPEEENCE ON WEIGHTS AND MEASURES 31

desiring this simplification was to reduce the waste and confusion

incident to the manufacture and use of the excessive number of

types which had gradually been developed. The need for simplification is apparent when it is pointed out that quart bottles were regularly being manufactured in 12 varieties, pint bottles in 13 varieties, half-pint bottles in 14 varieties, and quarter-pint bottles in 10

varieties, while the caps to fit these dift'ei-ent varieties were being

cut in 10 different diameters. The report of this conference is known as Simplified Practice Recommendation No. 10, and has

been printed under that title.^ Thus we see that the manufacturers have already been able to effect a very satisfactory degree of standardization in the matter of

bottle capacity through voluntary agreement among themselves and

allied interests. We do not consider that it is necessary for the an- nual conference to modify its former recommendation along these

lines. We can see no particular objection to dropping the 3-pint size

for milk bottles if you desire to take this action; but. on the other

hand, if this size of bottle is not used to any appreciable extent the

fact that it is recognized as a suitable size can do no harm. The use of the quarter-pint, or gill size, is entirely logical, and in many places

it is very popular for the sale of cream. The only argument for

discontinuing this size is the one of reduction of unnecessary types,

and while this argument may be entirely sound from the economic

standpoint, nevertheless from the weights and measures standpoint

it would be difficult to defend the elimination from the list of permitted sizes of the gill, or quarter-pint, bottle.

The seventh recommendation of the bottle manufacturers, that

the regulations of a municipality agree with the regulations issued

by the State in which the municipality is located, is so obviously

desirable that no discussion is necessary.

Returning now to the first and second recommendations, which

have to do with marking requirements, we enter the field where the

greatest divergence exists among the various States. It has been

shown that certain marking requirements are quite generally made,

but that in relation to others there is very little uniformity. The

specifications adopted by the conference and recommended by the

Bureau of Standards reqiiire but two marks, first, the capacity on

the side of the bottle, and second, the name, initials, or trade-mark

of the manufacturer on the side or bottom of the bottle. The

manufacturers suggest, in addition to the capacity, the word " sealed,"

together with the bottle manufacturer's designating mark and number, urging that a designating mark and number which may be

recognized in all States be assigned to each manufacturer by the

Bureau of Standards after the bureau has conferred with the States

and the manufacturers on this question. The manufacturers stand

ready to agree that all bottles so marked will be made with the same

care and attention which are now given to bottles marked in a specific manner for sale in a particular State and manufactured

under bond to the State in question. They are also perfectly willing that any reasonable character of marking, differing from that''

' Copies of this publication may be purchased fi'otn the Superintendent of Documents,

Government Printing Office, Washington, D. C. Price, a cents.
32 BUREAU OF STANDAEDS

proposed by them, be required, provided only that bottles marked

in accordance with the requirements agreed upon will be accepted

in the different States.

As we look into this question, it appears that many of the special

marks now required by law or regulation have been specified in an

effoii: to have this marking approximate the seal which the weights

and measui'es officer normally places on a scale or measure to signify

his approval of the device for commercial use; but the ultimate purpose of these marks is to identif;\' bottles so marked as bottles which

confoi^m to the requirements of the State in question and which may

legally be used in commercial trade. As to the name, initials, or trade-mark of .the manufacturer, and the designating number, the

only purpose of this marking is to identify the maker of the bottle

and fix the responsibility for its accuracy, except in the case of the one State wliich specifies that the name, initials, or trade-mark shall

be those of the dealer using the bottle. It would seem, therefore, that,

with the exception noted, every purpose sei'ved by present marking

requirements could be served equally well by a uniform sealing mark

and by a single designation for each manufacturer. The principal

difficulty of putting this program into effect lies, of course, in the

changes which will be necessary where the marking requirements at

present in force are incorporated in the statutes ; in those cases where

these requirements are promulgated by the State weights and measures officer the necessary modifications may readily be made. The

difficulties ai*e by no means insurmountable, however, and may all be

overcome if the officials of the several States will make a concerted

and earnest effort to arrive at a condition of uniformity.

The Bureau of Standards will be glad to do its paii; in carrying out

this entire program as outlined, by acting as a disinterested clearing

house in all matters affecting milk bottle regulations. We can bring

again to the attention of all the States the conference code of specifications for milk bottles, modifying this, perhaps, in such minor

respects as including a number as a part of the designating mark as the manufacturers and many of the States desire. We can compile a

list of designating marks for all bottle manufacturers now in the

business and as new firms enter this field from time to tirne, we can

assign to each a designating mark to distinguish its products.

However, to make this plan effective it will first be necessary for

the States to secure the required modifications in their laws or

regulations so that the uniform specifications and marking requirements may be adopted ; and, second, it will be necessary for the States

to adhere to the reconxmendations of the bureau in respect to the

designating marks to be assigned to the different manufacturers.

I ain sure you will agree that without this cooperation nothing worth

while could be accomplished.

Before undertaking anything along this line we wish to have an

expression of the opinion of the conference as to the advisability of

such action, and if the response is favorable to proceeding with the

plan we wish to have some indication of the support which will

be accorded by the weights and measures officials in pushing matters through to a point where we can actually have uniform regulations for milk and ci'eam bottles throughout the United States.

As stated before, the bui-eau is heartily in favor of accomplishing
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 33

this, and we believe that all weights and measures officers will appreciate the advantages which will result from such a course to all concerned. If in some States certain individual requirements now

in force must be given up, it should be remembered that the program outlined involves no sacrifice of essentials, but only the modification of form, and such loss as is inevitable will be much more

than compensated for by the benefits of standardization and uniformity.

DISCUSSION OF ABOVE PAPEK

The Chairman. Gentlemen, this exposition of the milk-bottle

situation is before you. Will you discus's the paper ? Mr. Foster. I would like to ask one question. With us a great

many dairies insist on having their names blown in the bottles.

If that is not done the bottles become common property and unscrupulous dealers profit by the bottles that the other fellow buys

and the innocent party has no way of claiming his' bottles.

Mr. Smith. There is no intention, Mr. Foster, of preventing a

dealer from having his name blown in a bottle. I thinlr that is an

excellent provision; that is, however, an individual arrangement

made by the user with the manufacturer. It is only in relation to

the official requirements that I speak.

Mr. Foster. When I raised the point, what I had in mind was

the number or the multiplicity of dies. What is to be the advantage

of the simplification which you recommend if the manufacturers

must still continue to make special bottles for individual customers ? Mr. Smith. Every time they make an additional modification it increases the number of dies and adds to the expense. They can not

get away from showing the names of the dairies owning the bottles,

but it would simplify the manufacturing operation materially if

they made the bottles uniform in other respects. That plan would

have the additional advantage of certain marks meaning the same

thing in every State, whereas now a designating mark may mean

different things' in different States. The manufacturers say that

this proposal would result in a very desirable simplification from

their standpoint. I am not familiar in detail with the savings that

would result, but it surely means something to them or they would

not have asked for it; and I can not see any objection to it from

the standpoint of weights and measures regulation.

Mr. Emery. I wish to say in this connection that I am not prepared to express an opinion. I know that our law has been very

satisfactory, and I do not want in any way to place myself against it. Mr. Estes. Mr. Chairman, it seems the plan outlined in Mr.

Smith's paper is vex-y logical and one to be desired, especially by

people in our official capacities who are working for standardization. Therefore, to express our approval of the plan, I move that

this matter be referred to the res'olutions committee for appropriate

action.

(The motion was seconded.)

The Chairman. Is there any discussion?

Mr. Stover. I would like to see all the letters taken off the bottom

of the bottle.
34 BUEEAU OF STANDAEDS

Mr. Schwartz. In New Jersey we have a milk dealers' protective

association, and they insist that the milk dealer's name be blown in

the bottle, indicating the ownership of the bottle. In fact, they have

a detective force that goes throughout the State to detect and prosecute dealers who unscrupulously handle the bottles of other dealers.

That is the only method they have of protecting themselves from the

dealers who buy their bottles from junk dealers or secure them by

other questionable methods. If bottles are found in hands of people

to whom they do not belong they prosecute. They have certain

agreement along those lines. They would insist on having the name

of the dealer blown in. I can see no objection.

(The question was taken, and the motion was' agreed to.)

Mr. Schwartz. May I suggest that the gentleman who made the

motion prepare the resolution and submit it to the resolutions committee for consideration ; also that anyone having resolutions in mind

kindly prepare and present them promptly to the resolutions committee for their consideration.

TESTIJTG OF POST-OFFICE SCALES

Mr. HoLBEOOK. I desire to take advantage of this opportunity to read a letter from Postmaster General New, addressed to Doctor

Burgess, regarding post-office scales. The letter is as follows

:

Mat 21, 1924. George K. Buegess,

Director, Bureau of Standards, and President,

Amiual Conference on Weights and Measures, Washington, D. G. My Dear Doctor Burgess : The matter of testing post-office scales has been

brought to my attention. It is also related to me that you are interested in

this subject and may be able to assist us. We understand that you have your annual conference here in Washington

beginning on Monday, the 26th, and that you might be able, at that conference,

to outline some policy of cooperation with us. Would it be possible for the State organizations having to do with weights

and measures to test post-office scales periodically, and could this be done

without expense to the Post Office Department?

If your conference would discuss this matter and suggest some line of action,

then it might be possible for this department to take it up directly with the

States, realizing the while that such resolutions as you might pass in this conference would aid us very materially when we would so confer with the

different commonwealths.

Yours very truly,

(Signed) Hakrt S. New,

Postmaster General.

The Chairman. That is evidently a subject very aj>propriate for

consideration by the committee on resolutions. At the same time

it might be well to have opinions expressed from the floor at this

time.

Mr. Schwartz. Mr. Chairman, I will state that we have been in the

habit of testing scales in post offices upon the invitation of the re- spective postmasters. We thoroughly recognize that behind the

counter it is Federal ground and Federal property. We have no

right to go in behind any postmaster's counter and test his scales

without a request from him. We do it upon request, but our men,

as a rule, do. not ask to inspect post-office scales. If the postmaster
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 35

feels that his equipment is not up to standard, we are glad to send

in a man and have the work done. We are glad to do it without ex- pense to the Post Office Department, it being in line with our regular

duties.

Mr. McGeadt. I am ver}^ glad this question came up. About the

year 1912 or 1913 I was engaged in field work in the city of Pittsburgh. In a substation the clerk refused to have the store scales

inspected, saying, " This is the property of Uncle Sam." We took

it up with Postmaster Davis, and he immediately issued orders

giving us the power to go behind the counter anywhere in the main

post office or in stations under his jurisdiction.

Mr. Emery. I welcome the suggestion of the Postmaster General.

In Wisconsin we have felt the need for testing post-office scales, be- cause our citizens have been paying out money because of errors of

those scales, and I think it is properly our function to go into post

offices and inspect all their scales. We have gone there when invitations have been extended to us. I know there is a highly technical question raised there, but at the same time we know that the

scales in post offices are frequently grievously wrong, and our citi- zens are paying a large amount of postage that they ought not to pay.

Mr. HoLBROOK. Doubtless it is not the function of a State or local

inspector to test post-office scales without consent. However, that

question need not be gone into. In many instances an objection by

the local postmaster to the testing of the post-office scales has been

made only because he has not been sufficiently advised as to his

authority to consent, and also has not been sufficiently advised as

to the policy of the Government in that respect. The Post Office

Department, realizing, as it does, that it is not in a position to

test all its scales at frequent intervals, now desires the cooperation

of the State and local weights and measures officials. If this con- ference indicates to the Postmaster General a general willingness on

the part of its membei-s to assume the work of testing post-office

scales, then, as I understand it through a conversation with one

of the officials of the Post Office Department, it is the intention of

the department to issue a general order to the postmasters stating

the policy of the department. It is also the intention to take up

with the various individual State and local inspectors of weights

and measures the matter of testing post-office scales. The authorization may not go to the full extent of having condemnations made,

although in offices where a surplus supply of scales is maintained it is probable that the incorrect scale will be immediately put out of

use; but the Post Office Department, I think, will request that the

postmasters report any incorrect scales immediately to their bureau

of supplies and equipment and new or correct scales will be furnished

as soon as possible, and the old scales retired. It is along those

lines that the Post Office Department wishes your cooperation.

Mr. BuLSON. I recall an instance similar to what Mr. Holbrook

mentioned. In one case I was called into a post office by a postmaster and the fact that he asked me to test the scale was an indication that he thought it might be defective. I wrote on the report

that I made to the postmaster a recommendation that was sent to

lieadquarters and in a short time a correct set of scales was installed.

6379°—24 i
36 BUREAU OF STANDARDS

I would take the same stand every time in regard to the inspection

of scales. In my jurisdiction I have a military post, and inspect

the scales in the military barracks twice a year. I never go in there

unless I am asked, but they did make the requests and got the inspections and in two instances the scales were in very poor condition.

Mr. Seay. Mr. Chairman, in the last 12 months I have had three

experiences with post-office scales. In one case one of the large

business houses in Richmond was getting out large shipments of mail

matter and the Post Office Department checked up one large shipment upon one scale and advised it would require a certain amount

of postage. That evening the firm dumped thousands of these packages in the post office and upon their being weighed upon a different

scale it was fovmd they did not have sufficient postage. The entire

consignment was held up a day and the next day the firm was re- quired to put on $30 worth of additional postage. The several scales

in the post office were then compared and differences found. In an- other case we found a parcel-post scale on which 6 pounds registered

as 5 pounds. That scale was condemned. In another case the

parcel-post scale was so stiff that it took a quarter pound to move

the beam either up or down.

Mr. Schwartz. I do not see any objection to the conference going

on record to the effect that we are only too glad to help in testing

their equipment throughout the country, the Post Office Department

taking the initiative. I, for one, welcome that idea. I .know we are only too anxious to be of whatever assistance we can be to the Post

Office Department.

Mr. Cluett. In Chicago we have a system whereby we charge fees

which go to the city treasury. While our department would welcome

the right to go in and make the inspections at the different substations, at the same time there would have to be some sort of city ordinance in regard to the payment of fees. So, if that particular matter

were to be taken up, at the same time the Post Office Department

should also take up with the city of Chicago the question of fees.

We would be glad to do the work.

The Chairman. Is there any further discussion?

Mr. McGradt. I move that in response to this letter of the Postmaster General, this conference go on record as extending to the

Post Office Department the cooperation of the departments of

weights and measures in the various States, wherever possible.

(The motion was seconded, the question was taken, and the motion

was agreed to.)

The Chairman. Is there any further business to come before this

session ? (It was moved and seconded at this point that the conference adjourn; the question was taken, and the motion was agreed to.)

(Thereupon, at 4 o'clock p. m., the conference adjourned to meet

at 9.30 o'clock a. m., Tuesday, May 27, 1924.)
THIRD SESSION (MORNING OF TUESDAY, MAY 27, 1924)

The conference reassembled at 9.55 o'clock a. m. at the Bureau of

Standards, Dr. George K. Burgess, president, in the chair.

THE NEW JERSEY SALE-BY-WEIGHT LAW

By J. Haery Foley, Superintendent of Weights and Measures, State of 'New

Jersey

In New Jersey the sale-by-weight subject is not a new one, having

for many years been an advocated project, but not actively advanced

until the year 1918. The desirability and advisability of adopting

legislation that would provide a more just and equitable basis of

trading in dry commodities, were indicated by various issues arising

from the use of the dry-capacity measure as an instrument or medium

of purchase and sale, any one of which we felt would be sufficient to

warrant the change in trade custom. First of all was taken into

consideration the certainty that the dry measure provided a ready

means for those with dishonest tendencies to perpetrate fraud, and

this is a condition that time and effort were ineffectual in overcoming; second, the mature realization that the use of the dry measure

at its best, and even when not employed as an instrument with which

to defraud, resulted in practically nothing but approximations in

the determination of quantities, and, therefore, was nearly always

responsible for unfaimess or loss to either one or the other of the

parties to a transaction ; and third, the irrefutable fact that we were

continuing to use in modern business a factor which was but a relic

of pioneer days that could and should be relegated.

With our decision to attempt a remedy for the situation arose the

question of how best to proceed. Should we with one stroke effectually eliminate the dry measure as a medium of purchase and sale or should we first adopt a less drastic means and have enacted a law

that would give the purchasing public an opportunity to educate

itself in the principles of sale by weight. It should be remembered

that to follow out the former method would possibly entail not only

considerable inconvenience to all concerned, but economic loss as

well, with a probable resultant chaotic state of affairs in household

purchasing and in the avenues of merchandising affected. A consideration of these possibilities led us to adopt the latter course,

namely, the modified one of enacting a statute that would, while protecting the consumer, educate him in the weights of the various commodities, our thought being to use such an act as an entering wedge

and then, after sufficient time had elapsed to permit purchasers to

familiarize themselves with weight instead of dry measure elements,

to adopt legislation abolishing for all time the dry measure in our

State.

In the New Jersey legislative session 6f 1918, therefore, was introduced and unanimously passed the modified sale-by-weight law which

37
38 BUKEAU OF STANDAEDS

provided that dry commodities could be sold either by Aveight or by

dry measure, but specified that when sold in units of dry measure

there should be a specific represented weight for each commodity in

quantities of the bushel and its subdivisions. Due to thorough en- forcement this law was productive of much good, and upon its

adoption many merchants, and especially the chain-store systems in

our State, inaugurated the practice of selling exclusively by weight,

perceiving, we will assume, that the " handwriting was on the wall

for the dry measure and that its days were numbered.

While the dual act then adopted undoubtedly produced a better

state of affairs in the sale of dry commodities, it did not have the

desired effect on the purchasing public who, notwithstanding everything that was done to promote the sale-by-weight proposition, consistently adhered to the old practice of ordering commodities in the

elements of the dry measure and apparently made no attempt to

learn the weight equivalents. We at first intended to make two

years the period that should elapse between the passage of the

original act and the introduction of the contemplated strictly saleby-weight act. At the expiration of this period, however, we found

ourselves no further ahead with public education on the subject than

we were at the beginning. Pursuing the policy of giving the public

every consideration, we decided to delay the introduction of further

sale-by-weight legislation till the time when we would feel conditions

were more favorable to its success in every respect. The matter was,

therefore, permitted to lie dormant until the year 1922 when it was

felt that to longer put oft' the perfecting of an established movement

was unnecessary and inadvisable; the maximum of good had been

obtained from the dual act, but it was still not enough. The purchasing XDublic continued in the same rut and were making no appreciable effort to learn weight equivalents, so we just decided to

take away the dry measure altogether and force the issue. It is

characteristic of the public that it must be protected against itself.

People, it seems, only take a passing interest in matters that are

likely to entail an exercise of their mental faculties, and as the saleby-weight proposition is one that involves a complete change in

custom and incidentally calls for some observation and study, the masses just simply seemed inclined to ignore it even though it meant

economic gain to them. It is, therefore, only by compelling people

to take some interest in their economic welfare that any advancement

can be made, and we have done this in New Jersey by the sale-byweight law just enacted this year, which takes away the dry measure

for good and all. This act as finally adopted is the product of many investigations,

intensive study and numerous hearings in which all most vitally interested have taken part. A number of changes were made in it since

it Avas first presented in 1922 Avhen it struck a snag in our senate in

the person of a representative from one of our la);gest agricultural

counties, who wanted to be sure of its effect on the producer; last

year it was smothered by too much politics as the result of a highway

measure that caused an upheaval in our legislature, but this year

brought its success. I would feel rather remiss were I not to include in this paper

abstracts of the more important features of the act as passed. Its
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 39

main section tells practically the entire story of the passing of the

dry-measure elements and provides that:

* * * all commodities heretofore commonly offered for sale, or sold by dry measure or by basket, barrel, or container of any kind, except as hereinafter

provided, shall be offered for sale or sold upon the basis of avoirdupois net

weight or by numerical count only, and it shall thereafter be unlawful for any- one to use or employ any dry-capacity measure, basket, barrel, or container of

any kind as a means of determining the amounts or quantities of any such commodities offered for sale, or sold : Provided, however, That the provisions of

this act shall not be construed to apply to fruits and vegetables sold in the original standard container, nor to vegetables which by common custom are offered

for sale, or sold by the bunch ; nor shall the provisions of this act be con- strued to apply to fresh berries and to other small fruits which are customarily

offered for sale, and sold by the box, basket, or other receptacle, except, however, when such fresh berries or such other small fruits are offered for sale, or sold in bulk, in which case the provisions of this act shall apply to the extent that such fresh berries and such other small fruits shall be offered

for sale, and sold by avoirdupois net weight only : Provided further, however,

That all fresh berries and such other small fruits when offered for sale, or sold

shall be so offered or sold in boxes, baskets, or receptacles of uniform size to hold 1 quart or 1 pint dry measure only, which said boxes, baskets, or other

receptacles shall be uniformly and evenly filled throughout.

The act becomes effective on July 1, and is enforceable by the State

superintendent of weights and measures, his duly authorized assistants, and all county and municipal superintendents of weights and

measures. The penalties provided for violations of the act are : $25

to $50 for first offense, $50 to $100 for second offense, and $100 to

$200 for each subsequent offense.

The term " commodities " as used in the act means articles, other

than liquids, which are capable of being measured by dry-capacity

measure and which have been at any time prior to the passage of

the act sold by dry-capacity measure. The term " dry-capacity meas- ure" is defined in the act as referring to the bushel, half bushel,

peck, half peck, quarter peck, quart, pint, half pint, and similar measures. The term " original standard containers " is construed to

mean and include only barrels, boxes, baskets, hampers, or similar

containers, the dimensions or capacity of which is established by

law in New Jersey or by act of Congress, the contents of which have

not been removed or repacked, and upon which is plainly and con- spicuously marked the net quantity of contents thereof in terms of

weight, measure, or numerical count.

The exemption of commodities sold in the original standard container came as the result of hearings granted the agricultural interests previous to the final drafting of the act, and it was upon this

feature that the success of the measui'e depended. The impracticability of compelling the farmer to weigh each individual basket

and hamper as he filled it was at once made apparent. Permitting

him to fill standard containers and send them to market to be resold

in their original state was considered logical and advisable, and by

making this concession we prevented the formation of a farm bloc

against the measure, for they most assuredly would have defeated the

attempt for the passage of the law without this exemption being

included. Large fruit growers, particularly the apple men, had to

be given consideration, and we feel now that the course taken was

a wise one in that the act while providing a full measure of protection to the consumer does not impose a hardship on the producer.
40 BUEEAU OF STANDAKDS

The law was really aimed at the retailing end, where the most glaring discrepancies in the use of dry measures were rife. The huckster

and peddler—those experts in fraudulent manipulation of dry measures—were especial^ under the ban.

The purpose of the law, we feel confident, will be amply fulfilled

in its present wording; and, while drastic, the law will not greatly

affect the even tenor of established trade practices, for the reason

that while it abolishes the dry-capacity measure from use in trade

in New Jersey it permits the sale of certain commodities by the

bunch, such as beets, radishes, and other vegetables, which by custom

have always been sold in this manner ; it also permits sale by numerical count (a necessary feature in any good sale-by-weight statute)

and allows the sale of berries in containers of standard size as heretofore without reference to weight.

Through the mediums of the press, the distribution of literature,

and talks before trade bodies and civic organizations we are disseminating full information in regard to the new law and its requirements. We are getting splendid cooperation from all reputable

merchants, including the chain-store systems who declare themselves

in unqualified favor of the change. The weight method of sale is

already being put in effect by these interests, and in their advertisements the chain stores have eliminated all reference to dry measure

and are listing the dry commodities which they offer for sale on the

pound or numerical-count basis.

We look for very little trouble in enforcing this statute, and that

it will be productive of inestimable good is undoubted. It is a step

forward in the honest-trade movement ; its principles are right in that

it substitutes the accurate avoirdupois weight for the indeterminate

dry measure and assures efficiency and fairness in the trade relations

of the producer, merchant, and consumer. Mr. Foley. Mr. Chairman, I will leave copies of the New Jerseyact here on this desk in case any of the gentlemen want them.

ENFOHCEMENT OF THE INDIANA BREAD LAW

By I. L. MiLLEE, Commissioner of Weights and Measures, State of Indiana

The Indiana bakery law was enacted by the general assembly of

1919, approved by the governor on March 10, and became effective

July 1. This law has been known generally as the " model bakery

law," not because of its perfection, but, probably, because it was the

first law of its kind and because of the possibility that it might

serve as a model for other States. The bill was drawn in accord- ance with the ideas of bakers, and of food and weights and measures officials, some of them nationally known, after a careful study of

bakery conditions and a considei'ation of the subjects that might

properly be included in such a law. It was the first State law I

think, fixing standard weights for loaves of bread. The law is,

perhaps, the most comprehensive bakery law enacted by any of the

States, as will be seen from the title of the act which reads as follows: "An act regulating the sanitary conditions of bakeries, prescribing conditions connected with the manufacture and sale of

bakery products and fixing penalties for violation of the provisions
SEVENTEENTH CONFEEENCE ON WEIGHTS AND MEASURES 41

thereof." Everything pertaining to standard weight is contained

in section 9 of the act. The enforcement of the Indiana law and the results obtained will

best be understood through a review of the circumstances leading up

to its enactment.

The demand for bakery legislation including standard bread

weights followed closely the ending of the war and undoubtedly

came as the result of the experiences both of the baker and of the

consumer under the regulations of the United States Food Administration during the period from its organization under the Lever

Act in 1917, to its dissolution in December of the next 3'ear. It will

be recalled that all bakers using 10 barrels of flour and wheat substitutes were licensed in November, 1917, licensing being extended

the following January to include all bakers using three barrels or over of wheat flour and wheat flour substitutes. After the latter

date practically all bakers in the country were working under Federal license. Late in 1917 the United States Food Administration

issued special rules and regulations governing bakers. Eule No. 1

stipulated that " licensed bakers shall manufactui^e bread and offer it

for sale only in the following specified weights or multiples thereof,

which shall be net weights unwrapped 12 hours after baking; 16-

ounce imits (not to run over 17 oimces) ; 24-ounce imits (not to run

over 251/^ ounces) ." A 12-ounce loaf was provided for in February,

1918, when the need for greater saving of wheat was most urgent.

Early in February, 1918, Dr. H. E. Barnard, then United States

food administrator for Indiana, organized the baking division and

placed it under the supervision of Elmer Cline, of the Taggart Baking Co., of Indianapolis. Under Mr. Cline's direction the organization was very quickly completed, and the baking regulations, especially those relating to bread weights and the use of substitutes, vigorously and effectively enforced. Bakers, almost without exception,

cooperated in every way with the division, with most satisfactory

results both to the baker and the consumer. The Indiana law was

a direct outgrowth of the operations of the bakery division under

the United States Food Administration for Indiana.

The bill was passed and approved without any apparent opposition. Section 9, which is the only one of direct interest to this conference, reads as follows:

Bread to be sold by the loaf made by bakers engaged in the business of

wholesaling and retailing bread shall be sold based upon any of the following

standard weights and no other, namely : A loaf weighing three-quarters of a

pound, a loaf weighing one pound, a loaf weighing one and one-half pounds, and

loaves weighing two pounds, or some multiple of one pound. These shall be

the standard weights for bread to be sold by the loaf, and such bread shall not

be sold of other weights. The State Commissioner of Weights and Measures

shall adopt and establish by rules such reasonable tolerances or variations

within which these weights of standard loaves shall be kept : Provided, however. That such tolerances and variations shall not exceed one ounce per pound

over and one ounce per pound under the standard unit weight. Every loaf of

bread made or procured for the purpose of sale, sold, or offered for sale shall

have affixed .thereon in a conspicuous place a label on which there shall be

printed in plain type the weight of the loaf stated in pounds or fractions of

pounds, or both, as the case may be, together with the business name of the

baker or manufacturer of the loaf. In case of wrapped bread, such information

shall be stated in a plain position upon the wrapper of each loaf, and in the

case of unwrapped bread shall be stated upon a label no larger than one by one
42 BUREAU OF STANDARDS

and one-half inches in size and not smaller than one Inch by three-quarters of an inch, and such label affixed to an unwrapped loaf shall not be affixed in

any manner or with any gums or pastes which are unsanitary or unwholesome.

It shall be the duty of the Commissioner of Weights and Measures, and of the

sealers of weights and measures of any city, town, or county, or any agent

thereof responsible for the enforcement of weights and measures laws and

ordinances under regulations prescribed by the Commissioner of Weights and

Measures, to enforce the provisions of this section.

In December following the signing of the armistice the largest

meeting of bakers ever assembled in the State was held in Indianapolis for the purpose of considering some plan of future action

in securing proper regulation of the baking industry. At this meeting one of the influential bakers of the State spoke as follows : " We

have decided that there were certain features of the regulations of

the United States Federal Food Administration that were sound

business for all times not because they were directly profitable, but

because they were to the advantage of the consumer of our products

and were profitable to the baker because of the fact that they would

establish confidence between the consumer and the baker and thereby

increase the baker's business." This was indicative of the spirit

prevailing in this meeting. The bakers approved the appointment

of proper committees to undertake the work of drafting a bill in

cooperation with the food and drug commissioner, who is also State

commissioner of weights and measures, that would embody the

features discussed during the meeting.

The bakers met again in January, 1919, during the session of the

legislature, and approved a bill which was practically the same as the present law, and the chairman was empowered to appoint a

legislative committee to work with the proper State departments and

interested consumers in securing the passage of the bill. One of the

points discussed by the bakers in their meetings was that of the labeling of the loaf with the standard weights which had been agreed

upon. On this point one of the leading bakers of the State said:

" I do not see any particular value in having the weight on there

as far as the baker is concerned, but I do see some vei-y direct advantages as far as the consumer is concerned ; it will let them know

they are getting a certain definite quantity of bread. Just picture a 12-ounce loaf made by some baker who wishes to substitute that loaf

for a pound loaf. He can puff it up and make it look as big as a pound loaf * * * ; there is no question about it. You must have

the weight on there if you are going to obtain the confidence of the

consumer." Experience has proven the wisdom of his statement.

Section 10 of the law fixes the pena:lty for violating any part of

the law as a fine " of not less than $10, nor more than $100, and each

day's continuance of any practice, act or condition prohibited herein

shall constitute a separate offense within the meaning of this act."

The last section has to do with the validity of the act and states " that if any clause, sentence, paragraph, or part of this act shall

for any reason be adjudged by any court of competent jurisdiction

to be invalid, such judgment shall not affect, impair, or. invalidate

the remainder of this act." In April, prior to the taking effect of the law on July 1, the

food and drug commissioner sent a letter to the bakers interpreting

the law and rulings of the State board of health. In this letter it
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 43

was stated that " in determining the weight of loaves of bread, variations at the rate of 1 ounce per pound over and 1 ounce per pound

under the unit weights fixed by the statute are permitted in individual loaves, but the average weight of not less than 25 loaves of any- one unit or of one kind shall not be less than the weight prescribed

by law for such unit." It was further stated that "not less than

25 loaves of bread shall be weighed at the bakeshop where such

loaves are produced not more than six hours after baking." It has

been found necessary to deviate from this general policy in two

respects: First, averaging of the weight is based upon the weight

of less than 25 loaves when that number of loaves is not available;

second, bread is not always weighed upon the premises where baked, nor within six hours after baking.

The question had arisen of the use of old stocks of wrappers on

hand on the date when the law would become effective. In this con- nection the commissioner stated " that in the case of wrappers purchased prior to April 1 which do not state the weight of the loaf, a label showing such weight and the name of the baker must be

affixed to the wrapper or to the loaf." It was found necessary to

withdraw this privilege about six months after the law became

effective. However, in cases in which considerable stocks of old

wrappers still remained, suitable arrangements for their disposal

were made. Care was exercised at all times to enforce the provisions

of the act in a reasonable manner and to refrain from a too technical interpretation of the law until the bakers could adjust their

business and shop practices.

As to the success and satisfactoriness of the enforcement of the

bakery law and the good which it has done, I believe the opinion

of the bakers of the State, in so far as it can be determined, is of

more value in arriving at a conclusion than any statement from me.

I shall, therefore, attempt to give this opinion so far as it is

reflected in letters, public utterances, resolutions, and reports.

The president of the Indiana Bakers Association, in his opening

address at their convention in January, 1920, about six months after

the law became effective, spoke as follows : " Wlien the housewife

buys a loaf of bread in Indiana she knows exactly what she is paying

for. Her bread costs so much a pound, just as her butter, 'her meat,

and her sugar. She has a fair known buying basis. * * * "We

made the law based on our best knowledge. Let us live up to it and give it a thorough test." The secretary of the State Bakers Association made a survey between July and October of 1920 in which he visited 90 towns and

called at 411 bakeries. Among other subjects which he discussed with

the bakers was their attitude toward the new bakery law after about

one year's operation. Three hundred and sixty-six bakers favored the

law and its enforcement ; 16 expressed no opinion ; 9 were not at home

;

6 were opposed to the standard weight section, while 1 objected to any

form of regulation.

The Indiana Bakers Association at its meeting in January, 1922,

adopted the following resolution

:

Resolved, That the members of the Indiana association are fully satisfied

with the operation of our standard bread weight law of Indiana in every re- spect, and are ourselves convinced that all the other States would do well to
44 BUREAU OF STANDARDS

adopt the same law ; however, as doubt seems to exist in certain sections as

to the advisability of a strictly standard weight law, and as a concerted effort

is being made to write into the law of certain States a bread-weight provision

based on recognizing fractional units and ounces, rather than the standard

pound weight that we have found beneficial to the industry when in actual

operation ; therefore, we believe it advisable at this time that those sections

not in accord with the principles of standard weights try out the other theory

of fractional units, assuring them of our friendly interest, and still reserving

for their use our help and experience in event that their experiment fails to answer the purpose they seek.

This resolution not only shows the faith of the bakers in the law

which they had been so instrumental in making, but a broadmindedness on their part and an interest in other bread-weight legislation

differing radically from that under which they were working.

The attitude of the bakers of the State is further indicated by a questionnaire submitted to 200 bakers by their secretary, when an amendment was submitted in the legislative session of 1923 to repeal

the bakery goods "exchange" section of the law. In response to the

questionnaire, 125 replies were received; 114 stated specifically that

they were opposed to the repeal of this section ; 7 favored the repeal,

while 1 was opposed to all provisions of the bakery law.

When requested to discuss this subject I addressed a letter with

the following inquiries to 25 bakers in every part of the State, ranging from the small retail baker to the largest wholesaler, some members, others nonmembers of the State association

:

1. What do you regard as the advantages or disadvantages, to

both the baker and the consumer, of the standard weight loaf provision ? 2. In your opinion, does the compliance with the tolerance of "1

ounce per pound above or 1 ounce per pound below the standard

weight unit" place an undue hardship upon the baker?

3. In your opinion should this section (section 9) be changed or amended in any manner?

To the time of writing this paper 15 replies had been received.

Considering the replies to the questions in inverse order, 11 were opposed to any amendment of the present standard bread-weight

section; 3 expressed no opinion; 1 favored the elimination of the 12-

ounce loaf ; 14 were in favor of the present tolerances of 1 ounce per

pound above or 1 ounce per pound below the standard weight; 1 ex- pressed no opinion.

The following advantages to the baker were mentioned in replies

to the first question : The standard-weight loaf makes it easier to

maintain quality; makes it possible to . standardize pans and equipment ; creates fair competition ; standax'dizes and simplifies shop practice, including the calculation of dough batches, scaling, care of

equipment, etc. ; prevents " shading " the weight of the loaf in order

to reduce the price; influences quality and thus to an extent standardizes prices; simplifies cost finding.

Advantages to the consumer were enumerated as follows: The

standard-weight loaf guarantees quantity, discourages fraud through

the " puffing " of the loaf, protects the uninformed consumer by furnishing him accurate information, and tends to insure better quality.

No disadvantages to the consumer were mentioned and but two

to the baker, namely, the difficulty of adjusting bread prices to meet
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 45

fluctuating costs of materials and costs of manufacture, and, second,

the inconvenience experienced in baking smaller or larger loaves for

sale outside the State.

These letters contained some very interesting comments from the

bakers which I believe are worth quoting. In reference to toler- ances : " The tolerance of 1 ounce per pound above or 1 ounce per

pound below the standard weight unit is not a hardship nor is it unfair in this day of modern machinery." " In ray opinion the

tolerance of 1 ounce per pound above or 1 ounce per pound below,

does not work a hardship upon the baker. I think we would be

making a grave mistake if we should change this weight law in any

way whatsoever." " I think the clause permitting a variance of 1

ounce above or below the standard weight is necessary and places

no hardship upon the baker." " The tolerance clause in this law does

not give us any trouble and I don't see why it should be changed or amended in any way."

One baker says, in speaking of the disadvantages of standard

bread weights, " The disadvantage of price change is one in name

only as we have not found it difficult, when conditions warranted,

in making a price change. * * * consider this disadvantage

of little moment."

An experienced baker doing a moderate-sized business writes, " I

would say this law is highly satisfactory with the bakers of Indiana.

I have not heard of a single violation of the 1 ounce per pound

tolerance where 25 pounds was taken as a basis for calculation. It

standardizes the size of the loaf and makes quality the basis of competition instead of volume. * * * g^lgQ enables the public to

know what it is getting in the way of value and does not encourage

the making of a light ' puffy ' loaf of little substance in order to

deceive the eye. It eliminates the frequent discarding of good pans

in order to copy a popular loaf or change of size on account of

fluctuating costs." Another baker says, " It further puts the bakers

on an equal basis of manufacturing bread, and the sizes of the loaf

adopted are not only the best from point of view of the sales price,

but they are best from point of view of manufacturing. The standard sizes provided give us about the units that are most satisfactorily

baked." Another baker in a territory where competition is keen

and quality has not always been the first consideration writes, " We

believe that one of the main reasons why much better bread is being

baked to-day [in Indiana] by the average baker is traceable to

this law."

The following paragraph from one of the letters seems to summarize the general feeling of the bakers who replied to my inquiries

:

" We believe that the standard weight law governing the weight of

bread is advantageous to both baker and consumer. It stabilizes

competition for the baker and guarantees the consumer a unit in

purchasing food. Almost every other commodity is sold by some

definite weight or measure, but bread before the enactment of the

weight law was variable, varying almost constantly according to

competition. We certainly would not like to see the repeal of the

standard weight law." Judging 'from the evidence available and

from observation extending over nearly five years of enforcing the

law, Indiana bakers favor very strongly standard unit weights for
46 BUKEAU OF STANDARDS

the loaf, a tolerance in excess that will necessitate the baking of a truly standard loaf, the labeling of the loaf with the weight and

baker's name, and the prohibition of the baking of loaves of weights

other than the standard weights, even though plainly labeled.

The majority of officials who have had experience in the enforcement of any form of bread-weight law or ordinance will agree that

these are essential features if elfective regulation is accomplished.

A definite standard weight furnishes a fixed basis upon which both

the official and baker can work; a too liberal tolerance in excess defeats the purpose of regulation by permitting the baking of a

loaf of a smaller standard unit to resemble in volume a loaf of

a larger standard unit; labeling the loaf with the weight and baker's

name fixes responsibility; baking of loaves of other than the

standard weights enables the baker who is so inclined to offer numerous alibis regarding mistakes in labels, compliance with tolerances,

etc., that make successful prosecution practically impossible.

From the standpoint of the official, the enforcement of the breadweight section of the Indiana law has been reasonably satisfactory.

In my opinion the provisions of this section are as nearly universally

observed as any regulative law in the State. Strong-arm methods

have not been used. Compliance has usually been secured through

explanations of the law and warnings, the courts being used as the

last resort.

Nineteen prosecutions have been instituted under the bread-weight

section during the nearly five years the law has been in force. Two

of these prosecutions were brought for the sale of bread short in

weight, while 17 were undertaken because of failure, after proper

warning, to label the loaf with the weight and the name of the

baker. Convictions were obtained in each case. Seventy-two formal

written notices have been issued to bakers who have been slow to observe the labeling provisions.

The Indiana law is truly a bakers' law. The bill was prepared

by them in cooperation with the food and weights and measures

officials and enacted largely through their efforts. The satisfactory

enforcement of the law has been due as much to them as to any

other agency. The more than 800 bakers of the State have largely

policed their industry with the result that infractions of all features

of the law have been comparatively few. It is difficult for us in

Indiana to realize or understand the cause for the marked differences

of opinion that exist in some States. Opposition to bread-weight

laws, I think, is as much due to psychological causes as to any other,

the difficulty of changing from the old to the new. The baker must realize that there is demand for bread-weight

legislation and that he must finally submit to some form of breadweight control. On the other hand, the control official must bear

in mind that certain rights of the industry must be respected, and

that there are difficulties in adjusting trade practices, which have

been in vogue so many years, to such regulation. Both must understand that any law that merely substitutes a new set of evils for

those already existing will result in disappointment and loss to the

baker and dissatisfaction and criticism for the official. State legislatures and city councils will continue to pass breadweight laws; it is the job of the bakers and officials to see that
4 SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 47

these laws are so written that they will advance the interests of the

industry and fully protect the consumer. The Chairman. You will note, gentlemen, that provision is madelater for the discussion of these papers on bread laws.

INTEBSTATE STATUS OF PACKAGE GOODS

By J. B. HoiiiGAN, Office of Solicitor, U. 8. Department of Agriculture

In its legal aspects the subject of this paper is quite relevant in the

consideration by this conference of standard bread legislation, in

view of the fact that attention has been directed both to State and

prospective Federal legislation on the subject of the standardization

of bread loaves, in particular the Nebraska bread law recently declared unconstitutional by the Supreme Court, and the Brand bill

now pending in Congress for the standardization of bread loaves

shipped in interstate commerce.

Discussion of the status of interstate food packages, including

bread, involves the consideration of the interrelation of the commerce

clause of the Federal Constitution and the sovereign power of the

State to pass regulations for the health and safety of its citizens,

for the protection of their property and for the suppression of

frauds, which are commonly refen'ed to as police laws. This field of

judicial inquiry and interpretation is covered by many decisions by

the Supreme Court. The broad governing principles thereof are

quite clear, but their application to particular types of legislation in

concrete cases frequently presents difficulties that require careful

distinctions to be made.

As regards the respective spheres of Federal and State action, the

principles derived from the decisions of the Supreme Court may be

briefly recapitulated thus: The States have plenai-y power to regulate the manufacture and sale of articles within their borders and

the scope of the regulation is solely confided to the State, subject to

the qualifications of the fourteenth amendment that the legislation

be not so arbitrary as to amount to a deprivation of property without

due process of law, nor so discriminatory as to be tantamount to a denial of the equal protection of the laws.

Under its police power it is for the State exclusively to decide with

reference to the manufacture and sale of articles produced and con- sumed within the State, and the States may even prevent the shipment in interstate commerce of articles which their public policy re- gards as unfit or improper to be shipped beyond the State limits. Thus

the Supreme Court in Sligli v. Kirkwood, 237 U. S. 52, decided that

Florida might validly prohibit the shipment of immature citrus fruit

to another State. JNIorcover, Congress may not, under the guise of

legulating interstate commerce, undertake to regulate the manufacture or production of commodities within the State. This was

decided recently in the case of Hammer v. Dagenhart, 247 U. S. 251,

declaring the first Federal child labor law unconstitutional as an invalid attempt by Congi^ess to encroach upon the police power of a

State. And later the Supreme Court decided the second Federal

child labor law, which was based upon the taxing power of Congress,

was also unconstitutional, as a like invasion of State rights.
48 BUREAU OF STANDAi?DS

Wlien we come to the realm of intei'state commerce it is well es- tablished that the sending of a food article or other commodity from

one State to another, there to be sold in its original unbroken package, is an interstate transaction and subject to be regulated by Congress in the exercise of its constitutional power over interstate commerce. Such regulations are paramount to any State police regulation touching the subject. The Federal regulation covers an article

in interstate commerce not only while being actually transported, but

persists until the goods have been so acted upon by the importer

as to be commingled with the property of the State. The point when

the goods have ceased to be in interstate commerce has not beeii ex- pressly defined, but decisions of the courts have indicated that the

limits set forth in section 10 of the food and drugs act of June 30,

1906 (34 Stat., 768) constitute for practical purposes the boundary

between inter and intrastate commerce; that is to say, goods are in

interstate commerce so long as they remain unloaded, unsold, or in

the original unbroken package. It was early determined in Brown v. Maryland, 25 U. S. 419, that the right to import goods in foreign

commerce carried with it the right of the importer to make one sale

of the article in its package of importation for the reason that this

was the object of its importation. The same holding was made with

reference to packages passing from one State to another in Vance v. Vandercook, 170 U. S. 438. In this connection, however, the qualification must be observed that where an article has been introduced

in interstate commerce in violation of a law of Congress, the article

may properly be pursued and condemned wherever found as a con- traband of interstate commerce irrespective of the fact that its interstate character had been lost. Hipolite Egg Co., v. U. S., 220 U. S.

45; McDermott v. Wisconsin, 228 U. S. 115.

_ Wliile the authority of Congress over articles in interstate commerce is paramount and it necessarily follows that Federal regulations, in case of conflict, must prevail over the incidental police regulations permitted to the States, yet this does not mean that a State

is absolutely prohibited from making a regulation concerning an

interstate package of food. Long ago in the case of oleomargarine

the right of a State to enact legislation which would prevent fraud

or deception upon its citizens was upheld in the case of Plumley v. Massachusetts, 155 U. S. 462, which prohibited the sale of oleomargarine in a State in such a way as to be misleading and deceptive.

The reasoning of that case has been applied in a number of instances

to State statutes alleged to be in conflict with the Constitution and

has only been qualified to the extent that a State might not in the

exercise of its police power lay a direct burden upon interstate commerce or so legislate as to absolutely prohibit a healthful article

which was legitimate in commerce from being introduced into a

State, Schollenberger v. U. S., 171 U. S. 1, nor indirectly prohibit a healthful article from being introduced into a State by requiring, as did a New Hampshire statute, construed in Collins New Hampshire, 171 U. S. 30, that oleomargarine be colored pink. The cases, however, seem to support the reasonable exercise by the State of its

sovereign police power upon articles introduced from another State

on the theory, applicable to the case of short-weight bread, that the

riffht to conduct interstate commerce without burdensome legislation
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 49

by the State does not secure to anyone the right to defraud or to deceive the citizens of another State nor to ship into a State articles or commodities which are dangerous to the health or to the property

of the citizens of the State of destination; and as said by the Supreme

Court in the case of Patapsco Guano Co. v. Noi-th Carolina, 171

U. S. 345, 357, 358

Whenever inspection laws act on the subject before it becomes an article of commerce they are confessedly valid, and also when, although operating on

articles brought from one State into another, they provide for inspection in the

exercise of that povs^er of self-protection commonly called the police power.

And again i-eferring to the decision in Plumley v. Massachusetts

Where the subject is of wide importance to the community, the consequences

of fraudulent practices generally injurious, and the suppression of such frauds

matter of public concern, it is within the protective power of the State to inter- vene. Laws providing for the inspection and grading of flour, the inspection

and regulation of weights and measures, the weighing of coal on public scales,

and the like, are all competent exercises of that power, and it is not perceived

why the prevention of deception in the adulteration of fertilizers does not fall within its scope. With reference to the interrelation of State and Federal food laws

the Supreme Court has, in effect, applied the foregoing principles.

In Savage v. Jones, State chemist of Indiana, 225 U. S. 501, and the

Standard Stock Food Co. v. Wright, State food and dairy commissioner of Iowa, 225 U. S. 540, State statutes subjecting stock feed to

labeling requirements supplemental to the labeling requirements of

the Federal food and drugs act were upheld as valid by the Supreme

Court against the allegation that they conflicted with the interstate

regulations of Congress governing these articles. In Armour v. North Dakota, 240 U. S. 510,_ the Supreme Court held the State

statute requiring lard not sold in bulk to be put up in pails or other

containers holding a specified number of pounds net weight or even

multiples thereof, was not unconstitutional and not in conflict with

the food and drugs act. The State law was there construed as applying only to the retail sales. In Hebe v. Shaw, 248 U. S. 297, the

State law of Ohio against condensed skim milk was upheld. It forbade the retail sales of a compound of vegetable oil and skim milk

even though properly labeled and legitimate under the Federal food

and drugs act. In Weigle v. Curtis Bros., 248 U. S. 285, the State

law of Wisconsin prohibiting the sale of foods containing benzoic

acid or benzoate of soda was upheld as not being in conflict with the

Federal food and drugs act which permitted the use of this preservative in foods. In Corn Products Eefining Co. v. Eddy, 249 U. S.

427, a State regulation of Kansas respecting the labeling of sirup

compounds and requiring compound sirups to state definitely on the

principal label the percentage of each of the ingredients thereof was

held not in conflict with the commerce clause of the Constitution nor

repugnant to the Federal food and drugs act. An example, however, of State legislation which did conflict with

the Federal food and drugs act is illustrated by the case of McDermott V. Wisconsin, 228 U. S. 115, wherein it was held that a State

statute of Wisconsin which required a product containing corn sirup

mixed with glucose to bear the label required by the State law and

no other, was invalid. The labeling prescribed by the State statute

required the ingredients, which the Federal regulations permitted to
50 BUREAU OF STANDAKDS

be called com sirup, to be designated glucose. The statute was declared invalid for the reason that the label which was on the retail cans was the means whereby compliance with the requirements of the

Federal food and drugs act must be ascertained. As expressed by

the court, it was said that the labeling of the article was the means

of vindication of the lawfulness of the shipment or the means of

punishment of the shipper; that the State law was invalid in that

it defeated the right of Federal inspection while the goods were

unsold in the hands of the original consignee.

The foi'egoing cases furnish a background for considering the

legal aspects of any bread-standard legislation. It is believed that

in application these principles would allow a fair field of operation

for both State and Federal legislation upon the subject. In so far

as bread in packages is now concerned, it is subject to the net-weight

requirements of the Federal food and drugs act which, in substance, are that food in package form must bear a true declaration of the

quantity of contents in terms of weight, measure, or numerical count,

with an allowance for reasonable variations and tolerances.

It is competent for Congress to supersede this existing legislation

by more specific and effective legislation which would have the same

object in view, namely, to prevent fraud or deceit upon the consumer

as to the weight or quantity of bread purchased. Such legislation

could be made to operate within the same limits as the present food

and drugs act; that is, on the article while it remained unloaded,

unsold, or in the original unbroken package; or Congress, if it saw

fit, could in such legislation provide that bread upon entering the

State might be subject to the said legislation even while technically

in interstate commerce; that is, unloaded, unsold, and in the hands

of the original consignee, or in the original unbroken package; but

the congressional legislation on this point would have to be very

definite and specific, as in the case of the Wilson law declared constitutional in the case of In re Kahrer, 140 U. S. 545, and in the WebbKenyon Act upheld in Clark Distilling Co. v. Western Maryland

Railroad, 242 U. S. 311. It is important to note in this' connection

that if the State legislation prescribing a standard loaf is intended

to operate upon other than retail sales of the loaf, the conditions

must obtain that the legislation be reasonable and not lay a direct

burden upon interstate commerce in the article, and it must not

be in conflict with any legislation of Congress upon the subject.

Meeting these conditions, the State legislation would possibly be

upheld upon the same theory that animal quarantine laws were upheld in the cases of Reid v. Colorado, 187 U. S. 137, and Aswell v. Kansas, 209 U. S. 251, where State and Federal legislation upon

the same subject were construed as permitting a fair field of operation for both statutes without conflict. In Eeid v. Colorado the

court held

It should never be held that Congi-ess intends to supersede or by its legislation suspend the exercise of the police powers of the States, even when it may do so, unless its purpose to effect that result is clearly manifested. This

court has said—and the principle has been often reaffirmed—that " in the

application of this principle of supremacy of an act of Congress in a case where the State law is but the exercise of a reserved power, the repugnance

or conflict should be direct and positive, so that the two acts could not be

reconciled or consistently stand together."
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 51

In this connection the suggestion occurs' that the most certain and

preferable method of preventing conflict between Federal and State

standard-bread legislation would be to incorporate a suitable provision in any prospective Federal legislation upon the subject which in

clear and positive terms would insure the free operation of the State

law at destination upon bread introduced from another State.

Viewed from a practical standpoint, it would seem expedient that

Federal and State legislation in respect to package food in commerce

should be made to harmonize all along the line, so as to bring about

a complete and uniform system of regulation, which would simplify

and make, certain the legal requirements for a standard package.

Such a system would tend to the common advantage of both seller

and consumer. THE KECENT DECISION OF THE UNITED STATES SUPREME COURT

ON NEBRASKA BREAD LAW

By F. S. HoLBEOOK, Bureau of Standards

A little more than a month ago the Supreme Court of the United

States handed down a decision of the utmost importance to weights

and measures officials, to the bread industry, and to the consumers

of this commodity throughout the United States. At first it was

believed that a veritable bombshell had been exploded in the ranks

of the advocates of standard-weight bread legislation, and for a short

time extreme pessimism reigned among them. It was thought by

many of them that the work which had been carried on for years by

the weights and measures officials and by one of the groups of the

baking industry had in a trice been nullified; that they had spent

their time and energy unavailingly ; and that their sincere efforts to

better the bread situation had come to naught. This feeling was the

result, we believe, of their belief that the principle of standard-weight

bread legislation had been declared unconstitutional by the court of

last resort in the United States. It was based on the fragmentary

and, perhaps, somewhat misleading press dispatches sent out in ref- erence to the decision.

Some there were who did not take so dark a view of the situation.

Having in mind the case of Schmidinger v. Chicago, in which the

standard-weight bread ordinance of that city had been upheld by

the same court a number of years ago, these more optimistic men were

content to abide their time in patience; to wait until the full decision of the court was available, and until it had become possible

carefully to analyze its language; to reserve judgment until the

smoke had been cleared away, a careful check of the casualties made,

and the new alignment of the opposing forces disclosed by careful

scrutiny of the entire field.

It seems that a sufficient time has now elapsed to make possible

this analysis of the situation, to make preparations to rectify mistakes, if any, made in the past, to re-form the lines of the advocates

of standard-weight legislation, and to inaugurate a new campaign

planned on the sound basis of the recent decision on the subject. It seems that this decision has cleared the air, has given us a better

understanding both of our powers and our limitations, and that we

6379°—24 5
52 BUEEAU OF STANDARDS

can now go ahead feeling confident that whatever progress we make

in the future will be actual advancement without danger of trespassing upon limitations set up by the Constitution.

The Nebraska bread law, which was the subject of the litigation,

read in part as follows

:

Section 2. Bread, standards of weight. Every loaf of bi-ead made or pro- cured for the purpose of sale, sold, exposed or offered for sale in the State of

Nebraska shall be the following weights avoirdupois, one-half pound, one pound, one and one-half pounds, and also in exact multiples of one pound and of no

other weights. * * * Whenever twin or multiple loaves are baked, the

weights herein specified shall apply to each unit of the twin or multiple loaf. Section 3. Tolerance, how determined. A tolerance at the rate of two ounces

per pound in excess of the standard weights herein fixed shall be allowed and

no more, provided that the standard weights herein prescribed shall be de- termined by averaging the weight of not less than twenty-five loaves of any

one unit and such average shall not be less than the minimum nor more than

the maximum prescribed by this act. All weights shall be determined on the

premises where bread is manufactured or baked, and shall apply for a period of

at least 24 hours after baking: Provided, That bread shipped into this State

shall be weighed where sold or exposed for sale. The proceedings in which we are interested originated on July 12,

1921, in the District Court of Lancaster County, Nebr., at the instance of the Jay Burns Baking Co., Peterson & Pegan Baking Co.,

Federal System of Bakeries of Omaha, Chas. W. Ortman, and James

D. Pettys, "for themselves and all others interested." The case took the form of a bill in equity for an injunction against the Governor and the secretary of the department of agriculture of the

State of Nebraska to prohibit these officials from enforcing the

bread law set out above. Please keep in mind the form of the action,

since we will later take occasion to say a few words in relation to

this.

The lower court decided that the act was constitutional. Upon

appeal to the Supreme Court of the State of Nebraska a similar conclusion was reached. The brief presented to this court by the at- torney general contended that the law was concerned with weights

only, that the tolerances allowed were reasonable ones, and that the

fixing of maximum weights was a reasonable and necessary regulation. The Supreme Court of Nebraska said in relation to this

:

It is to prevent a loaf of one standard from being increased in size until it can be readily sold for a loaf of a larger standard that a maxiraum weight is fixed. The test is reasonableness. * * * rpiig statutory margin or tolerance being 2 ounces to the pound, can bakers, for example, make a loaf 18 ounces in weight

that will weigh not less than 16 ounces 24 hours after it is baked? The tests and proofs on behalf of the State tend to show that the regulation is reasonable and can be observed at all times. It is fairly inferable from the evidence

adduced by plaintiffs that compliance with the regulation is practicable most

of the time, but that, tested by their experiments as made, there are periods

when the operation of natural laws will prevent compliance with legislative

requirements. There are a number of reasons, however, why the tests made to prove unreasonableness should not be accepted as conclusive. If correctly

understiood, these tests were made with bread manufactured in the regular course of business, without any attempt to change ingredients or processes

or to retard evaporation of moisture in loaves by the use of wax paper or other means. * * * The act of the legislature does not fix prices but leaves

bakers free to make reasonable charges for bread wrapped in inexpensive wax

paper for its preservation in transportation and in the markets. * * * Pre- cautions to retard evaporation of moisture in bread for the purpose of keeping

it in a good state of preservation for 24 hours may be required as an incidental

result of a police regulation establishihg standards of maximum weights for
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 53

loaves of bread. Palatableness, a quality demanded by the public, is affected

by excessive evaporation, if food value is not. * * * The evidence does not

prove that, if reasonable means or precautions are taken by plaintiffs and other

bakers to retard evaporation, they cannot comply with the act of the legislature, or that the regulation is unreasonable.

Following this decision in the Nebraska Supreme Court the case was appealed to the Supreme Court of the United States.

. In order that those of you who may not have had, as yet, an opportunity of reading the decision of the Supreme Court may gain

a general idea of its scope, it seems that throughout this paper the

more vital parts may well be quoted as occasion requii'es.

The case is then, No. 94, October term, 1923, and the decision was

handed down April 14, 1924. It is known as Jay Burns Baking

Co. et al., plaintiffs in error, v. Chas. W. Bryan, as governor of the

State of Nebraska et al. The majority decision was delivered by

Mr. Justice Butler. Two members of the court, Mr. Justice Brandeis

and Mr. Justice Holmes, dissented, the former delivering the minority opinion.

In the majority opinion, the law which has been read is first summarized and the plaintiffs and defendants described. The court then

quoted the extracts from the Nebraska decision, which have been

given above, and proceeds as follows:

Undoubtedly, the police power of the State may be exerted to protect purchasers from imposition by sale of short-weight loaves. Schmidinger v. Chicago, 226 U. S. 578, 588. Many laws have been passed for that purpose. But

a State may not, under the guise of protecting the public, arbitrarily interfere

with private business or prohibit lawful occupations or impose unreasonable

and unnecessary restrictions upon them. Lawton v. Steele, 152 U. S. 133, 137

;

Meyer v. Nebraska, 262 U. S. 390, 399. Constitutional protection having been

invoked, it is the duty of the court to determine whether the challenged provision has reasonable relation to the protection of purchasers of bread against

fraud by short weights and really tends to accomplish the purpose for which

it was enacted. Meyer v. Nebraska, supra ; Welch v. Swasey, 214 U. S. 91,

105; Dobbins v. Los Angeles, 195 U. S. 223, 236; Connolly i;. Union Sewer

Pipe Co., 184 U. S. 540, 556 ; Lawton v. Steele, supra. The loaf is the usual form in which bread is sold. The act does not make

it unlawful to sell individual loaves weighing more or less than the standard

weights, respectively. Loaves of any weight may be sold without violation of

the act, if the average weight of not less than 25 does not exceed the permitted

maximum or fall short of the specified nominal weights during 24 hours after

baking. * * * plaintiffs in error do not claim that it is impossible to make loaves which for at least 24 hours after baking will weigh not less than

the specified minimum weights, but they insist that the difference permitted

by the act between the weight of loaves when taken from the oven and their

weight 24 hours later is too small, and that it is impossible for bakers to carry on their business without sometimes exceeding the maximum or falling

short of the minimum average weights.

Much evidence was introduced by the opposing parties bearing

upon the question as to whether it was possible for the bakers to

comply with the law. Much of this was devoted to the question of

shrinkage. The defendant's evidence seemed to show that the toler- ances allowed by the law were ample. Some of the plaintiff's evidence was to the contrary effect. It is a most remarkable fact that

figures indicating shrinkages of as much as 3% to 414 ounces in 24

hours, on individual loaves weighing about a pound, were exhibited.

The temperature and humidity of the air in these cases of excessive

shrinkage were not shown, but the notation is made that it was

" dry." Doubtless it was—very dry.
54 BUREAU OF STANDARDS

In this relation I might say that the Bureau of Standards has

conducted shrinkage experiments on loaves of bread commerciallybaked and kept in the ordinary way and has never found shrinkages

at all comparable to shrinkages such as these. Our experiments are

all to the effect that the range in the Nebraska law is an ample one. Figures published by other investigators are to the same effect.

Plowever, the Supreme Court considered the fignares, discussed the

factors causing unavoidable variations in the weights of loaves, and

draws this conclusion from this consideration:

* * * the evidence clearly establishes that there are periods when evapora

tion under ordinary conditions of temperature and humidity prevailing in

Nebraska exceed the prescribed tolerance and make it impossible to comply

with the law without wrapping the loaves or employing other artificial means

to prevent or retard evaporation. And the evidence indicates that these periods are of such frequency and duration that the enforcement of the penalties pre- scribed for violations would be an intolerable burden upon bakers of bread

for sale. Continuing, the court says that the fact that bread baked of other

ingredients, or bread which was wrapped, could be made to comply

is not of importance. It is not incumbent upon bakers so to make

or wrap their bread in order to obtain loaves complying with the

law, since this is to be considered unreasonable, the act not being a

sanitary measure. The court then sums up and concludes in the following words:

No question is presented as to the power of the State to make regulations

safeguarding or affecting the qualities of bread. Concretely, the sole purpose

of fixing the maximum weights, as held by the Supreme Court, is to prevent

the sale of a loaf weighing anything over 9 ounces for a 1 pound loaf, and

the sale of a loaf weighing anything over 18 ounces for a pound and a half

loaf and so on. The permitted tolerance, as to the half pound loaf, gives the

baker the benefit of only 1 ounce out of the spread of 8 ounces, and as to the pound loaf the benefit of only 2 ounces out of a like spread. There is no evidence in support of the thought that purchasers have been or are

likely to be induced to take a 9% or a 10 ounce loaf for a pound (16 ounce)

loaf, or an or a 19 ounce loaf for a pound and a half (24 ounce) loaf;

and it is contrary to common experience and unreasonable to assume that

there could be any danger of such deception. Imposition through short

weights readily could have been dealt with in a direct and effective way.

For tlie reasons stated, we conclude that the provision, that the average

weights shall not exceed the maximums fixed, is not necessary for the protection of purchasers against imposition and fraud by short weights and is not

calculated to effectuate that purpose, and that it subjects bakers and sellers of bread to restrictions which are essentially unreasonable and arbitrary, and

is therefore repugnant to the fourteenth amendment. Judgment reversed.

So much then for the text of the decision.

The first general conclusion which is to be drawn from the decision

is that it does not reverse the conclusions reached in the case of

Schmidinger v. Chicago, 226 U. S. 578, since this is cited with approval; nor, in general, does it in any way controvert the principle

that the States have the power to regulate the sale of bread. Moreover the power of the States to require that bread be made and sold in

standard-weight loaves, and in no other way, is specifically affirmed.

It seems that if there is one fact which is an outstanding one in the

decision it is this one. The decision, far from breaking down the

principle of standard weights, results only in buttressing it. Certainly to this extent it is one that will be welcomed by weights and

measures officials.
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 55

On this point the Supreme Court says

:

Plaintiffs in error do not question the power of the State to enact and enforce

laws calculated to prevent the sale of loaves of bread of less than the purported weight * * * Undoubtedly, the police power of the State may be exerted to protect purchasers from imposition by sale of short-weight loaves.

From the above it is concluded that we may continue to write and

enact standard-weight bread laws. A little later the question will be

discussed: How should we frame them that they may be free from

constitutional objection?

A second general conclusion of very great importance is that it does not appear by any means that all of the standard-weight bread

legislation now on the statute books is unconstitutional. Apparently

the Supreme Court had in mind only the specific provisions of the

Nebraska statute and the results which would follow the enforcement

of them in that particular State.

This seems to be indicated by the language

:

For the reasons stated we conclude that the provision, that the average

weights shall not exceed the maximums fixed * * *. Obviously only the particular maximums mentioned in this particular law are here referred to ; and again, conditions in Nebraska are

stressed in the language

:

* * * the evidence clearly establishes that there are periods when evaporation under ordinary conditions of temperature and humidity prevailing in

Nebraska exceed the prescribed tolei-ance and make it impossible to comply with

the law * * *. Again it seems obvious that the decision is limited to apply only to

that State.

In this paper we have purposely refrained from, discussing the

probable effect of this decision on other specific bread laws now on

the statute books of various States. The suggestions hereinafter

made are to be construed to refer to the form in which proposed

future enactments might well be drafted in order surely to avoid

danger of unconstitutionality. We would not have you conclude,

however, that it is our thought that are these principles not embodied in any present law, such law is necessarily unconstitutional.

Not at all. An estimate of the effect of this decision on the laws of

other States can reasonably be arrived at in each particular case only after a careful analysis of all the provisions of the law in

question and of any surrounding circumstances of importance. It is true that it is hoped that the suggestions herein will be found helpful as a guide in this analysis, and if they prove to be of use in this

connection we will be wholly satisfied. Fortunately several of the

provisions of the Nebraska law are not usual ones and are, perhaps,

not embodied in any other State law on the subject of bread.

It is a gratifying fact that there is apparently no general desire

on the part of the industry to overturn the standard-weight law in

other States. Bakers, in general, are apparently satisfied to maintain conditions in " status quo," which serves as a complete refutation of the somber pictures which are painted by that group in the

industry which so bitterly assails proposals for legislation of tliis character. If this present amiable attitude persists, it appears that
56 BUREAU OF STANDABDS

'

the Nebraska decision will have little or no effect on the enforcement

of similar legislation now on the statute books of other jurisdictions.

In considering the decision in general, it seems that we are bound

to arrive at the conclusion that it hinges almost exclusively on the

question of numerical tolerances. Again, the vital question is the

range of these tolerances—the total allowance embraced between the

maximum and minimum values specified. Nothing in the decision can be so read as to condemn the fixing of a very small tolerance or even no tolerance whatever, in deficiency. Even the Nebraska law

itself, which allows no tolerance in deficiency on loaves of bread for a period of 24 hours after baking, was not found objectionable so far as this provision is concerned. If no limitation is placed on the

maximum weight of the loaves—if tolerances in excess are not specified—no difficulty in respect to tolerances is apprehended.

It is believed, moreover, that we need not necessarily go to this

extreme, since nothing in the decision appears to prohibit the specifying of maximum weights or the fixing of tolerances in excess, provided only that the values fixed are not so small as to fall within the

objection that thej are essentially unreasonable and arbitrary. This

conclusion is largely based on the language which we have already

taken occasion to point out, that the court apparently objected only

to the particular " values fixed " in the specific laAv in question.

Granting that we are not prohibited from the fixing of reasonable

tolerances in excess, should we not continue to do so ? It sureh^ seems that we should not desert this principle and that

we would be acting inadvisedly were we to discontinue entirely the

principle of fixing tolerances in excess. This principle was adopted

with a very good reason in mind ; the action was based on experience

demonstrating its necessity. To quote from the minority opinion of

Mr. Justice Brandeis, which stims up these reasons in excellent

fashion

:

W\xy did legislators, bent only on preventing short weights, prohibit, also,

excessive weights? It was not from caprice or love of symmetry. It was

because experience had taught consumers, honest dealers, and public officials charged with the duty of enforcing laws concerning weights and measures

that, if short weights were to be prevented, the prohibition of excessive

weights was an administrative necessity.

Without excess tolerances, standard weights are very difficult to

obtain. Bread supposedly of one standard weight may be made so greatly overweight that it closely simulates in its appearance the

next larger standard size, though still short of that size in weight.

Then, in fact, whether marked or not, it will actually be sold in

competition with this larger size, and thus to all intents and purposes it becomes a short-weight loaf of bread.

But if we are still to haA^e tolerances in excess, it becomes important to decide what such tolerances in excess should be in order that

they may be unobjectionable.

You will remember that in discussing the question of tolerances

in excess the decision employs the following language

:

Concretely, the sole purpose of fixing the maximum weights, as held by

the Supreme Court, is to prevent the sale of a loaf weighing anything over 9 ounces for a 1 pound loaf, and the sale of a loaf weighing anything over

18 ounces for a pound and a half loaf, and so on. The permitted tolerance, as to the half pound loaf, gives the baker the benefit of only 1 ounce out
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 57

of the spread of 8 ounces, and as to the pound loaf the benefit of only 2 ounces out of a like spread. There is no evidence in support of the thought

that purchasei-s have been or are likely to be induced to take a 9V2 or a 10 ounce loaf for a pound (16 ounce) loaf, or an 18% or a 19 ounce loaf for a pound and a half (24 ounce) loaf; and it is contrary to common experience

and unreasonable to assume that there could be any danger of such deception.

Now it appears that to the last sentence can be ascribed either of

two different meanings; and, in fact, the decision actually has been

interpreted in these two ways by persons reading it. One "interpretation is that the court meant that there was no reason why the range

of tolerances should be only 2 ounces on a pound loaf ; that this

range might more reasonably have been 214 ounces or even 3 ounces,

since 181/^ or 19 ounce loaves of bread could not reasonably be con- sidered as susceptible of being mistaken for a li/2-pound loaf. On

the contrary, the court may have meant that there was no reason why the range of the tolerances should have been limited not only

to 2 ounces, but even to 2% or to 3 ounces on a pound loaf, since

the I814 or 19 ounce loaves which might result from such a tolerance

would not be mistaken for iy2-pound loaves. Construing the decision in the first manner the minimum range might, perhaps,

legally be 21/^ ounces on a pound loaf. If the second interpretation is the correct one, the minimum range of tolerances must cer- tainly be more than 3 ounces on a pound loaf. Following the

same reasoning the tolerance on a one-half-pound loaf should be

more than 2 ounces. Probably on the various standard loaves larger

than the 1-pound size the tolerances might safely be somewhat less

proportionally than the tolerance on the pound size.

Since there is doubt it seems that the second viewpoint should be

accepted. If the tolerances incorporated in fviture laws are so small

as again to invite attack we run a great risk of new litigation, with

ensuing expense, loss of time and efficiency, and, perhaps, injunctions preventing immediate enforcement—with the possibility that

at the end a new series of bread laws might be held unconstitutional to the discouragement of advocates of- the standard-weight

principle. On the contrary if we accept the second viewpoint of

the meaning we occupy a very much stronger position and greatly

discourage legal attacks upon the validity of the laws by indicating

that such attempts bid fair to be unsuccessful ones. Nor does there seem to be any good reason from the practical

standpoint against liberal tolerances in excess. So long as the loaves are kept within such bounds that a loaf of one standard size may

not readily be so made as to compete with one of the next larger

size allowed, then the fact that the tolerances in excess granted by

law are very liberal ones need cause no one any concern. It has

been shown by experience that little or no difficulty is ordinarily

encountered in complying with the tolerances now usually allowed

by law or regulation. Despite the more liberal tolerances suggested

for the future it seems certain that this present status of things will

be but little changed, after all. Bakers can not afford to give away

bread—it is not good business, and bakers are constantly becoming

better business men—nor will they do so. Loaves produced under

normal conditions will be very close to standard size, as at present,

and ifr will soon be forgotten that liberal tolerances in excess are

specified for those who desire to avail themselves of them.
58 BUREAU OF STANDARDS

One or two further suggestions in relation to the drafting of laws

may be made here.

If the conclusion given heretofore is correct that insufficient tol- erances are the basis of the objection to the law, it seems that standard-weight laws will generally be unobjectionable if no numerical

tolerances are specified in the law itself. These may well be replaced

by some such statement as " reasonable tolerances shall be allowed,"

with the further provision that these are to be fixed by the enforcing

officer. In such case it seems practically certain that there can be

no constitutional objection to the law itself on the ground of tol- erances. The values so fixed by regulation might, it is true, be such

that they could not be legally enforced, but in this case the action

taken by the enforcmg authority is the thing which must be at- tacked, and the law itself would surely be valid since, in terms,

" reasonable " tolerances are granted by the legislature. The law

would stand uniinpaired ; only the unreasonable regulation would be

null and void under the decision. In case this course is adopted the

above suggestions in relation to size of tolerances will, of course, still

be applicable when regulations are being drafted or revised.

A second suggestion may be of value

:

It is stated by the Supreme Court that under the provisions of the

Nebraska law, in arriving at the average weight by computing the

average of the weights of 25 loaves, any loaves might be specially

selected for this purpose. In other words, a number of the lightest or the heaviest loaves found in weighing a greater number might be

especially assembled. Were the provision to be that the loaves used

in arriving at an average weight were to be taken at random, an

entirely new aspect of affairs would be presented; a state of facts

would then exist, which it seems has not been ruled upon in this case. For the court says

:

Any loaves of the same unit at any time on hand during 24 hours after

baking may be selected to malse up the 25 or more to be weiglied in order to

test compliance with the act. Therefore, if only a small percentage of the

daily output of the loaves in large bakeries shall exceed the maximum vs'hen taken from the oven, or fall below the minimum weight within 24 hours, it will

always be possible to make up lots of 25 or more loaves whose average weight

will be above or below the prescribed limits.

It is inconceivable that an inspector would weigh a large number

of loaves and pick out all the lightest or all the heaviest ones to

establish a prosecution; nor should he be allowed to do so. By all

means provide that when all the loaves available at the time and

place of weighing exceed the number of loaves to be weighed, those

weighed shall be taken at random.

In conclusion, let us again revert to a fact mentioned heretofore,

that this case was brought in the form of injunction proceedings to

prohibit the enforcement of the law. The objections raised were

not that anyone had been injured in the manner set out in the complaint, but that he might be so injured ; they were not that the State

had proceeded to enforce the law in such a manner as to cause enor- mous losses, but that it might so proceed ; they were not that loaves of

bread made and sold commercially had shrunk to a certain degree,

with a resulting prosecution of the baker manufacturing it, but that

they might shrink, as set out in the evidence, with such a result; it
SEVENTEENTH CONFEEENCE ON WEIGHTS AND MEASUEES 59

was not that an inspector had arbitrarily selected the 25 lightest or the 25 heaviest loaves of a day's production of bread in determining

the average weight, but that he might so arbitrarily select them. It seems very probable that had the law not been attacked in injunction proceedings, and had it been enforced—as it doubtless would

have been enforced—in a sane and reasonable manner, no appeal to

the courts could have been had in defense against a prosecution of

the character of many of those discussed in the evidence, because

doubtless no prosecutions would ever have been brought upon such

a state of facts as were conjured up. However, it surely must be

granted that officials should not be given power by law arbitrarily

to cause great injury to citizens, even though they might usually

be trusted not to cause such injury. It would be unfair to require

industry to continue to do business under circumstances such that

they would be in continual danger of unfair prosecution. Therefore, our laws should be so framed as to be unobjectionable in this

regard; and to the framing of such laws we should give our most

profound consideration.

Our final suggestion is, then: So write your law that it will not

be susceptible to attack by injunction; so that any method of en- forcement of the law that can be adopted under its provisions will

not be open to legal objection.

THE rEDBRAL BBEAD BILL

By Hon. Chables Beand, Member of Congress, Seventh District, Ohio

Mr. Chairman and gentlemen, I want to congratulate you upon

these meetings you are holding in Washington, assembling here the

weights and measures officials of the United States. I have been

close enough to your work to realize the importance to the public

of these meetings.

I am asked to talk to you about bread; and as neither you nor I

have any time to waste, I will get down to business immediately,

I have had some difficulty in arriving at any language to express un- der-weight bread. "When I call it " short weight " I find the bakers

criticize it; they do not like that term. I have never found a term

that did exactly express what I have in mind, but at a convention

not long ago in Cincinnati I met a baker who said " I am opposed

to your ideas about bread. I like my bonus." I said "Bonus?"

He said, " Yes, every month I can figure just what my bonus is and

I am opposed to your bread law." So, perhaps, I had better use the

word " bonus " since that word comes from the bakers, although it is not a very popular one; less popular now even than a month ago.

Since the decision of the Supreme Court a good deal of work has

been done, and I want to give the Bureau of Standards a great deal

of credit, and Mr. Holbrook deserves a gTeat deal of credit. I will

say that after that decision was handed down, we worked together

assiduously on the subject of tolerances to be written so as not to

conflict with the Supreme Court decision.

It seems customary on an occasion of this kind to have a written

statement because what one says here is important, and I will con- form. I want to say that most of what I will say came from you

men. I am sorting it out and handing it back. I am under great
60 BUREAU OP STANDARDS

obligation to the weights and measures officials of the United States

because I have made no request that you have not complied with, and

1 know that the work that you did was performed willingly and in

many cases represented the expenditure of much time and effort.

Now I want to call your attention to the value of the ingredients

in a loaf of bread that sells generally over the United States for

8 to 9 cents in loaves from 14 to 16 ounces. I find there is about

114 cents worth of wheat in such a loaf of bread when it is full

weight and when the wheat is converted into flour, the cost of the

flour is about 2 cents when good grades are used. However, flour

varies in quality and price from about $4.50 to $6 per barrel and

2 cents will pay for the good grades of flour.

As evidence of this I offer the reports of the bakeries of the

United States Government supplying the Army. I have on file reports showing that pound loaves of bread have been produced

in these Government bakeries during the past year as low as 1%

cents per pound, and this includes not only the flour but all the other

ingredients, but does not include labor costs. This bread is being

sold at the Army camps and hospitals at 3 cents per pound loaf,

I have eaten the bread and it is good quality.

I also have figures submitted to me by a baking company of New

York, one of the large concerns of the United States, which show

their figures covering the cost of a pound of bread to be 3.11 cents

per pound, including all ingredients.

I think it is very important to have these figures—both the

Government figures, which are all impartial, and the figures from

a private industry.

For the city of Washington I have still another interesting set of figures : A big bakery here has contracted with the Navy Department for several months to furnish pound loaves of bread at 3.69

cents per pound, and is selling to the retail grocers at 8 cents what

is said to be exactly the same bread. And the retailers are retailing

it at 9 cents. There is a difference of 100 per cent between what

the Navy Department and the retailers pay for what is said to be

exactly the same bread. "When anyone tells you that the bakers

do not want to standardize their loaves of bread because as a result

they might be forced to add one-half cent to the price and make

undue profit, tell them what I have just told you now, that bread is

being sold now at less than 4 cents and at 8 cents on the same day

for the same bread by the same concern.

I find in New York City practically all the bread sold is short

weight by 2 ounces, and that it is being sold on the basis of 8 cents

for a 14-ounce loaf.

In Ohio, where we have a standard-weight law, 16-ounce bread is

being sold at 8 cents. In Indiana, where the standard-weight law

prevails, a 16-ounce loaf is being sold for 8 cents. So that Ohio and

Indiana are getting 16 ounces of bread for the same price that the

city of New York pays for 14 ounces. Now this is not an exception to the rule, but the information I

have leads me to believe that wherever there is no law requiring

full-weight bread the consumer's are paying just as much for a shortweight loaf as is paid for a full-weight loaf where a standard law

prevails.
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 61.

I believe that 11 States have real standard-weight laws, with

teeth in them, and the balance of the States have not. It seems clear

to me that if a legislature or a Congress can pass a law and give the

public 2 ounces of bread in addition without additional cost to the

consumer, that is a law that deserves very prompt attention.

In Ohio three years ago bread was being sold in loaves varying

from 12 to 14 ounces in weight at 8 cents. At that time flour was

exactly the same price that it is now. To-day these loaves weigh

16 ounces on account of the enactment of a standard-weight law,

and the consumer secures the bread at the 8 -cent price.

I would like to estimate for you now what the loss is over the

United States to the consumers on account of short-weight bread,

and I also want to estimate for you what the gain is by the bakers.

I have figures to show that if there is a loss to the consumer in

New York City of 2 ounces of bread to the loaf, that means a loss

of one-eighth of the weight and, therefore, one-eighth of the price,

which amounts to 1 cent a loaf ; and figuring this on the entire number of loaves consumed in a year in New York City we come to the

astounding figure of a $10,000,000 loss in the city of New York alone.

In the city of Washington, D. C, I have the written statement

from the superintendent of weights and measures to the effect that 2 ounces of bread would amount, in the city of Washington on the

amount baked, to $907,000 per year. If you will carry out these

calculations on the population of the United States, as compared with

the city of Washington and the city of New York, you will find that

the total loss in the United States, if all bread is 2 ounces shortweight, will amount to $200,000,000 a year. This is an astounding

figure and is equivalent to all the anoney that Ohio spends on all

forms of taxation—roads, schools, administration, and all. I have

also gotten at it in another way. I have found how much flour the

bakers use in making bread, and I get the same result.

However, that figure is more than the loss to the consumers in the

United States because they now have in 11 States full-weight bread.

I am inclined to estimate the actual loss in the United States at

$100,000,000 to the consumers on account of the " bonus," or shortweight bread.

On the other hand, I am able to prove that the bakers do not gain

this $100,000,000 by producing short-weight bread. I can't figure

out where they make any gain at all, except in the lesser amount of

materials that they use. I am inclined to think it costs them just as much for the overhead of their business, just as much for factory

expenses, just as much for selling and delivery expense for a 14-ounce

loaf of bread as for a 16-oimce loaf ; and I am inclined to think that

all they gain is the difference in the amount of materials that they

buy each month, which represents only about a quarter of the selling

price of the bread; and, therefore, I would say that bakers are re- ceiving, instead of $100,000,000 " bonus," really only $25,000,000.

And now I make this point : That they are making the consumer

lose a hundred millions' worth of bread a year—and, by the way,

making the farmers lose on the sale of wheat and other ingredients

in order that they may save for themselves only about $25,000,000.

To my mind this is utterly false economics, and I feel that it is your

duty and mine to put a stop to it as quickly as possible.
62 BUREAU OF STANDAEDS

There is one objection to the enactment of laws, and that is the

expense entailed by the Government in administering such laws. I

have studied this very closely relative to a standard-weight bread

act and I find the expense of the administration of such a law is

almost nothing. There are peculiar reasons for this. If you force

one baker to put up full-weight bread, that baker at once insists upon

his competitor putting up full- weight bread. If a salesman is selling

full-weight bread and finds some competitor who is selling shortweight bread, it is an easy matter for him to take the business away

from that competitor. This forces every baker to put up full-weight

bread without very much difficulty on the part of the enforcing

officer. In other words, if you start one baker to putting up fullweight bread, the others comply as a matter of competitive necessity.

The weight on the loaf is important because that apprises the

consumer of what he is entitled to get, and also gives information

to the retailer. There is no question in anybody's mind as to the

proper weights when the weight is labeled on the loaf.

In January I introduced the Federal bread bill in Congress. I

will say that I took this matter up with the Bureau of Standards and

Doctor Burgess along in June, and that we have worked on this

problem more or less ever since. It has had its hearings before the

Committee on Agriculture, and I want to give you a picture of what

developed there. We had before us representatives from all the

consumers of the United States. There were four or five women's

associations that are of national impoilance; there were the American farm bureaus ; there was the National Grange of America ; there

were representatives from the American Federation of Labor, and

from all four of the railway federations. Also the Department of

Agi'iculture and the Department of Commerce were represented. I

think the above organizations probably represent fairly all the con- sumers of the United States, and there was not a dissenting voice

amongst all those witnesses as to favoring full-weight bread.

When the bakers were heard on their side, we had a group from

New York City. They brought with them a very brilliant lawyer

who presented the case in favor of the " bonus." After he had re- tired from the floor a representative of the Retail Bakers' Association Avas heard, and to the surprise of all he stated that the Retail

Bakers' Association, which represents some 26,000 bakers in the

United States, had come to the conclusion after years of study that

the standard-weight law is best for the bakers on the ground that

it provides fair competition among bakers.

A few days after this hearing I received a wire from Cincinnati

from the bakers' association there, saying that an attempt would

be made at the bakers' convention at Cincinnati, March 11, to pass

a resolution asking for the repeal of the Ohio bread law, and also

a resolution against the Federal bread bill, and I was asked to come

and present the matter in favor of standardization of bread. I

thought it was important enough to go, and I did appear before

that convention of some 200 bakers. There were there men from

outside of Ohio, although this was an Ohio convention, and some of

those men journeyed from New York, and they were there for the

purpose which had been outlined to me. But I want to say to you

that after a full discussion on that floor there was a resolution
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 63

passed favoring the Ohio bread law and requesting the enactment

of the Federal bread act on the ground that the consumers were

entitled to fair treatment and that the bakers were entitled to fair

competition.

I have since also received the same kind of resolutions with the

same import from the Indiana Bakers' Association, and since then I

have also been seen by a representative of one of the big bakers in

New York and he has said to me : " You have the consumers of the

country with you. You have three-fourths of the bakers with you

on this question. We have been fighting against standard-weight

bread laws for years. These bread laws come up in many States

every year and we have to fight them down; and I believe that we

bakers in New York are now about the only ones opposing and that

we are carrying the responsibility for short-weight bread, and that

we ought to lift that burden from our shoulders and go before the

Committee on Agriculture in Washington and tell them to pass that

law and thereby get the credit for accomplishing this purpose."

Everything was working lovely and then something happened.

The United States Supreme Court rendered a decision relative to

Nebraska's bread law. You men are all familiar with the decision

and there will be lawyers here to discuss it. The decision has delayed, but it has not discouraged me. I can see that the Supreme

Court has reviewed all the elements and phases of the standardization of bread and that they have by implication approved all the features save one and that is as to the tolerance. Since the decision was

rendered I have had, as I have said, the cooperation of the Bureau

of Standards, and the cooperation of the Department of Agriculture.

We had five lawyers sit down and study the evidence and the decision

of the Supreme Court ; and we have had these five lawyers come to a unanimous agreement as to the wording of the tolerance provision.

I have the assurance of the Solicitor of the Department of Agriculture that the tolerance provision as now worded will withstand any

assault made on it before the Supreme Court.

Now, I think I have taken up as much time as I should, but I

want to say to you in parting that I think each of you has a grave

duty to perform, and that is to see that your State has a bread law,

and to see that you know exactly how to write that bread law before

you leave Washington; and I will add that it is of supreme importance that "we agree on a uniform law, as to the salient features

of the proposition. It is vital that the State laws do not conflict

with the national law, and I promise you that we will have a national

law, no matter how long it takes to get it. THE APPLICATION OF SCIENTIFIC METHODS OF LAW ENFORCEMENT

By Dr. H. E. Baknaed, Director, American Institute of Baking

Ladies and gentlemen, for 20 years I worked for the people of the

United States as an enforcing officer of food and weights legislation. At the present time I represent the baking industry. May

I say to you, my friends, that I feel that I still am working for the

people of the United States. I wish I had an opportunity to discuss

at this time the subject that Mr. Brand has brought before you.
64 BUREAU OF STANDARDS

but I am going to hold myself strictly to the subject assigned to me. Perhaps I can take part in the discussion later.

In his first amiual message to Congress, President Washington,

said, " Uniformity in the currency, weights, and measures of the

United States is an object of great importance." In his second message he again referred to this subject, and in his third annual message he said, " Uniformity in the weights and measures of the country

is among the important objects submitted to you in the Constitution

and if it can be derived from a standard at once invariable and

universal, must be no less honorable to the public councils than

conducive to the public convenience."

Nearly 150 yeai-s have elapsed since Washington first brought

the subject of weights and measures to the attention of Congress,

and to-day we are still considering the matter. It is true that we

now have official standards, but these are for the most part standards

established by State legislatures, for while Congress delayed action

year after year, in order to facilitate commerce the States themselves were compelled to set up the standards essential to the transaction of business.

The standards adopted independently of the Government and of

each other varied widely. In 1830 the Senate directed the Secretary

of the Treasury to compare the weights and measures in use at the principal customhouses. This investigation disclosed wide discrepancies between the standards, and without waiting for further

authority from Congress the Treasury Department took immediate

steps to correct unsatisfactory conditions by adopting definite standards. In 1836 Congress instructed the Secretary of the Treasury

to deliver to each State a complete set of the new standard weights

and measures, and in the course of years most of the States adopted

these standards as their own.

These standards were adopted almost 100 years ago, but Congress

is still discussing the enactment of adequate weights and measures

legislation, and l3ills ai-e still being introduced to standardize cer- tain commodities. The astonishing thing about the whole subject

is that, in spite of varying standards and inadequate legislation, commerce and industry is carried on as successfully as it is. In the address made by Commissioner Miller, of Indiana, at the

Sixteenth Annual Conference on Weights and Measures, he has

pointed out certain absurdities which exist in weights and measures

legislation. The variations and discrepancies in the number of

pounds required to make a legal bushel in the case of well-known

commodities still frequently sold by the bushel measure are most

interesting.

He says, for instance, that while " 44 States fixed a bushel weight

of potatoes at 60 pounds, yet North Carolina has seen fit to break

the rule by requiring only 56 pounds. Twenty States have standardized the bushel of redtop grass seed at 14 pounds, but Virginia

insists upon 40 pounds, or nearly three times the customary standard. Forty-four States have adopted 56 pounds for a bushel of

rye, yet California requires but 54 and Louisiana only 32 pounds.

The bushel of spinach has been variously standardized at 10, 12,

and 30 pounds. Salt has been standardized at 50, 55, 56, 60, 62,

70, 80, and 85 pounds to the bushel. A bushel of fine salt in Indiana
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 65

is 65 pounds and of coarse salt 50 pounds, but exactly the reverse

is found in the adjoining State of Illinois. Ten pounds of kale are required for a bushel in North Carolina, 12 pounds in Maine and

Massachusetts, and 30 pounds in South Carolina and Tennessee.

Peaches are standardized in the various States at from 40 to 54

pounds per bushel, pears 36 to 58 pounds, and plums 28 to 64 pounds.

" Evidently but few bushel weights have been established through

experimental or scientific investigation. A commission appointed

to consider the revision of established bushel weights in Massachusetts has published a table comparing the bushel weights established

for certain commodities with the weights of those commodities as determined by actual weighings. In but few instances do the weights

adopted even approximate the average found from the weights determined.

" Great alarm would occur and much injury result to commerce

should some of the States attempt to reduce or increase the length

of the yard, or increase the standard avoirdupois pound, yet the

States have continued to establish by legislation new bushel weight

standards until the whole system is a hodgepodge. It is no more

absurd to say that the yard shall be 35 inches in Texas and 36

inches in Oklahoma than it is to say that a bushel of plums shall

weigh 28 pounds in Michigan and 50 pounds in Ohio, or that rye

shall consist of 32 pounds in Louisiana and 56 pounds in Florida,

yet scores of such absurdities are revealed by the tables to which

reference has been made."

Is it not high time for legislators to pause from their labors and

to consider whether or not, in setting up legislation affecting the

weights and measures of commodities, some true scientific basis may

be found upon which to base proposed and desirable legislation?

I have pointed out wide discrepancies between the wei!2;hts of

bushels of certain commodities. May I now bring to your attention

the fact that even if the bushel weights of conmiodities were the same

in all the States, the enforcement of weights' and measures legislation would still be illogical and unsound if other conditions than

the cubical content of the bushel and the weight of the materials

contained therein are not set up.

In many States a bushel of corn weighs 70 pounds before the first

of December and 68 pounds thereafter. This difference in the weight

of the bushel was undoubtedly a recognition by the legislators of

the fact that corn on the ear loses weight in storage. What is true

of com is true of a great variety of substances. Indeed this state- ment may be applied to almost every commodity which contains

water as an essential constituent or which is hygroscopic in character. What, for instance, is a ton of hay? Is it 2,000 pounds of hay

air dried in the field, stored in the mow, or baled into convenient

packages? What is a ton of coke? It is 2,000 pounds, to be sure,

but how much water should the coke contain? Wliat does the cus- tomer get when he purchases TO pounds of raisins or dried apples, or

of any other dried fruit? If he lives in New Orleans he gets a

definite quantity, 50 pounds, to be sure. He gets the same weight in

Denver, but he certainly does not get in any case the same amount of

food, for the moisture content of all dried fruits varies directly with
66 BUREAU OF STANDARDS

temperature and humidity conditions. In a personal communication

from the department of agriculture of one of the western States, the

chemist says, " In the case of raisins and dried fruit the variation in

weight has been found to be large, owing to the fact that such products are often retained on the grocer's shelves for a considerable

lengih of time. If the product as originally packed contains a considerable amount of water, the shrinkage would be as much as 15 to

20 per cent in weight."

In an endeavor to secure data showing the usual practice in the en- forcement of weights and measures legislation, I have recently asked

the weights and measures officials of the country for information cov- ering this subject. I regret that very little data on the subject of the

change of moisture content under varying temperatures and humidity

conditions are obtainable, and I am forced to conclude that in the

enforcement of weights and measures laws the purpose is not so much

to determine the amount of food sold the consumer as the actual

weights of the product at the time of delivery. The consumer is,

therefore, offered but a partial protection in his desire to know just

what he is getting for his dollar. May I quote from such data as are available on the subject?

In 1911 the State board of health of Kansas studied the changes

in the weight of stored butter. The studies reported were made

upon several samples of butter held under varying conditions. One

package of 60 pounds of butter made by the dairy department of

the Kansas State Agricultural College, was packed in a tub lined

with parchment paper and placed in the cold-storage room of the

dairy department. A second lot of fifty 1-pound prints, separately

wrapped in single parclmaent papers and paraffined cartons, were

held in a wooden case in the same storage. Five 1-pound prints,

separately wrapped in single parchment papers and paraffined

cartons, were also placed in the cold storage. Five 1-pound prints,

wrapped in single parchment papers and paraffined cartons, were

placed 5 feet from a radiator in a room heated at ordinary living

temperature.

The experiments were started on December 29. On July 6 of the

following year the investigations were concluded. During this

period of a little over six months the tub containing 64i/^ pounds

of butter lost 3i/^ pounds. The average loss of the five prints kept

in cold storage and separately exposed was 12.4 grams or less than

one-half ounce. The five prints stored in the I'oom at living temperature were

kept under observation until April 22, when the experiment ended.

The losses ranged from 22.8 grams to 26.9 grams, or a little less

than 1 ounce. These losses were not gBeat, but they were definite and would have

to be considered by any dealer who carried quantities of butter in

cold storage for a considerable lengih of time. Of course, the point

to the whole investigation is the fact that the same amount of

butterfat was present at the end of the experiments in each case as in the beginning. The change in weight was entirely due to loss

of moisture.

Flour is usually thought of as a stable product. This is far from

the case. Some 40 years ago Clifford Eichardson, then an investi-
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 67

gator of the division of chemistry of the Department of Agriculture, studied the weight of flour with respect to the relative humidity

of the air. He exposed five lots of flour for 18 days and made at intervals 15 moisture tests on each flour. The flours varied in moisture content when the test began, from 7.80 to 13.68 per cent. The

flour was exposed in a room with free access to the air, but protected

by a screen from other influences than air.

The tests showed that the weight of the flour was dependent upon

the relative humidity of the air. During the 18 days the relative

humidity of the air varied from 34, the lowest, to 66.9, the highest.

Taking 100 pounds as the weight at the commencement of the test,

the weight of one sample, for instance, was 99.88 pounds when

the humidity of the air was at 34, and 102.88 pounds when the

humidit}'- stood at 66.9. The gain in one sample of flour at the end

of the test, when the humidity was 66.9, was 5.95 pounds, or 5.95

per cent. Others gained less, but all gained except the one with the

13.68 per cent of moisture, which weighed 99.35 pounds, having lost

0.65 of 1 per cent in the 18 days. All the flours except this last

were exceptionally small in moisture content, while this one sample

was unusually large in moisture content. The tests conclusively

showed that flour will take on and part with moisture as the humidity of the air rises and falls.

J. T. Willard, analyst of the Kansas State Board of Health, in

1911, studied the variation in moisture content of sacked flour. In

the experiment twenty-seven 14-barrel sacks were piled as closely

together as possible in three layers of nine sacks each in an airy

room, which during the winter months was heated to ordinary room

temperature. Each of the sacks was weighed monthly for a period

of 12 months. Very little loss was observed during the first two

months. When the room was heated during the winter there was a steady loss which, however, was in part made up by slight gains

during summer months. At the end of the period during which the

room was heated, the average loss was 0.79 pound per 49-pound

sack.

The results of these experiments have been confirmed thousands of

times by millers and by flour buyers who have noted decided differ- ence in the weight of flour on arrival from the weight when shipped.

In the enforcement of the food and drugs act many cases have been

filed against millers for shipping short-weight flour. In some cases there has been no doubt as to the guilt of the miller, but in other cases the shortage was undoubtedly due to the loss of moisture during the

period which elapsed between the packing of the flour and its weighing by the customer and inspector.

The tendency of flour to take on and lose moisture has recently

been studied by C. H. Bailey, who, in a paper on " The hygroscopic

moisture of flour exposed to atmospheres of different relative

humidity," shows conclusively that flour responds readily to changes

in the humiditj^ of the surrounding air, the rate at which equilibrium

in moisture content is approached depending apparently upon conditions of exposure. The author quotes other investigators, including

Willard, Neumann, Guthrie and Norris, Sanderson, Swanson, Willard and Fitz, and Stockham, who have studied the changes in weight

and moisture content of stored flour.

6379°—24 6
68 BUREAU OF STANDARDS

Some idea of the variation in moisture content of flour milled from

different varieties of wheat in different sections of the country is

shown by the figures below, which are averages of some 800 cars of

flour shipped during the first four months of this year.

Firm (shown by number)

Average moisture content

Lowest Highest Average

1 10. 36

9. 56 11.30

10.48

9. 87 9.44

11.34

10. 53

13.52

13.40

13.29

12.68

12.28 11.70

13. 52 12.31

11.46

10.78

12.31 11.83

10.80

10.38

12. 61 11.41

2

3 . 4

5

6 _ 7-8--

The wide ranges in the moisture content of these flours, though

they were milled under carefully controlled conditions, show most

definitely the need for taking the moisture content of flour into consideration when determining flour weights. To fail to do so introduces the element of guesswork into the transaction. Fluctuating

moisture contents have exactly the same effect on business as fluctuating money values or unstabilized exchange.

Stockham reports the moisture content of wheat, bran, shorts, and

flour exposed in a "saturated " and " dry " atmosphere, but he did

not employ any degrees of atmospheric humidity between these ex- tremes. He found that a composite sample of flour exposed in a

" still, saturated " atmosphere at a temperature of 23° C. reached

a maximum moisture content of 28.74 per cent in 9.12 days, at which

time it was moldy. In a saturated atmosphere at 0° C. a moisture

content of 34.78 per cent was reached in 17 days, which he states was

not the maximum.

Schollenberger, in Bulletin No. 1013 of the United States Department of Agriculture, refers to the " well-known fact that the normal

moisture content of air-dry wheat is higher when stored in moist

climates than when stored in dry climates." The author further defines the term " normal " as that point at which equilibrium is established between the moisture content of the wheat and the humidity

of the air.

North Dakota Experiment Station Bulletin No. 120, 1917, on the

capacity of wheat and mill products for moisture, says in part, " One

of the well-known relationships of the moisture content of wheat is its approximate parallelism to the humidity of the atmosphere. The

moisture problem would be relatively simple if all samples responded

the same under like conditions, but unfortunately they do not, as they differ in their rate of change, or natural capacity. The capacity

of wheat and its products for atmospheric moisture and water in- creases as the physical equilibrium between the component particles

is approached."

Shelled corn loses weight in storage. In experiments conducted

by the office of grain standardization. United States Department of

Agriculture, corn held in the hopper of an elevator scale for 147 days
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 69

lost 5.6 per cent. J. W. T. Duvel and Laurel Duvel, in United States

Department of Agriculture Bulletin No. 48, 1913, commenting on

these tests, say, in part, " There is unquestionably a natural shrinkage

in commercial corn during transit and while in storage, which varies

with the moisture content of the corn and the atmospheric conditions

to which it is exposed."

In a personal communication from the Bureau of Plant Industry

of the IJnited States Department of Agriculture, my correspondent

points out that " there is a loss in weight of apples, corn, hay, etc.,

when held in storage. This is due, to a large extent, to the loss of

water. At the same time in many fruits and vegetables which are

alive in storage there are changes, mostly catabolic, which take

place more or less rapidly according to the character of the product

or temperature at which it is held. The changes according to Van't

Hoff are doubled or trebled with each 10° rise in centigrade. There

are, of course, a great many changes in the physical conditions which

are progressive and which are apparently influenced by the temperature conditions."

Bread as commercially sold to-day is either manufactured in standard sizes or sold under a declaration of its weight. It is probable

that no food commodity on the market is so subject to fluctuations

in weight as is bread. This is due to the fact that the moisture content of freshly baked bread is high, as well as to its composition,

which is so largely starch, itself very hygroscopic.

In an address made to the weights and measures officials of

Indiana at their 1924 conference, which was later printed in Baking

Technology, I showed the loss of moisture in commercial bread baked

and analyzed at the laboratories of the American Institute of Baking, after having been exposed to the usual temperature and humidity

conditions of the room. The average moisture content of the bread

one hour after baking of a series of 13 loaves which were exposed

unwrapped, was 36.23 per cent; 24 hours after baking the moisture

content was 29.20 per cent; 48 hours after baking the average

moisture content was 24.93 per cent; 72 hours after baking the

average moisture content was 21.59 per cent.
70 BUREAU OF STANDABDS

gjtioii fz

i^-"00OcC<NOOOOI~-r-Or'.C0iCCSOC0

<oS

.C0O'-HOO'^OiCi0iCOC0'-(O(DO0>

° I>-t>QOa0O0Q0 00COO0 00 O0I^00 00CO00te-*eOCO'-(C5C^(NiOt^CCOO«r;oO^-00'-'OCCJS

I^-H.-tOO'-iCMCOi-i'-i.-iOS.-'i-H.-.COCCCC Or^^^^^^rHW^^ -^^^^^ •

ft;O5OSC000>OtC00ClC0C*l'-HC^OS>-<>C00O

«w ?;t^ocooooso-*ooocoocococo.-<«5io

Q, <ij ^ utcoob-ooosoioioot-ooooocoooososr^

^Jlo^^^>;Gdcoodoicdl^^^^cot-^c6cdoscs^^ e^iCOOOOOOOOOOOOOOOO ^^^^^^^^^^^^^^^^^^

g ic lo m Iff lo S IC »C »0 lO W5 iC lO IM (N tN (M tM 3 « « « ^ « ^ ^ « ^

tN C^j CM

^ w c^' e4 <^^ c4 N (N f-I c>i (N (N c4 n

sjnoq 'ami

smoq fz

'ssoj ranniiniH

SJTioq

'ssoi ranraixBpj

SJnoq ^

'SSOl 93l3i8AV

'ssoi ninniiuii^

smoq

'ssoi ninniixEH

SJnoq fz 'SSOI eSBjeAV

pa^ieq uaqM psajq

JO s^qSieM 93BjaAV

— paiBOs qSnoQ

?SB9A oo i.~oo ooooo _;ooooooc goicoooc

M C>1 N

pasuapuoo

jnog

JO noijdjosqv

t^^^ooooooooooooooooo <w p; O, «uiOO00O(MiC00'-iOOCTiiO00O(MiCiO

> c o o c o ^ <

I

1 1 . . I w w

I I I I I I ^

; ; ; ; ; li^i^ 0cOO>CiOiOiCiCOt0^OOiCiCi0iOO

qSnop JO pnT3

X] 0^413 I I

'5 d d d d d d d d c §"S d d o o o

V- 'O tlJ 'O T3 'O M 1 1 1 1 ) I 1 I loico ! 1

' '

'

go

o

ooodoooo'^coocd
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 71

Similar studies were made of the loss in weight of different types

of bread made with varying amounts of water; that is, with flour

of varying absorption. The average loss in 24 hours of unwrapped

bread varied' from 1.03 to 1.63 ounces. Bread wrapped in paraffin paper lost very little moisture. When

heavily waxed paper was used the loss in 24 hours time on a 17- ounce loaf was but 0.41 ounce. When wrapped in paper with a less

dense paraffin coat, the loss was approximately twice as high, or

0.82 ounce. From unpublished data furnished me by the chemist of a large

bakery organization I quote the following figures : Loaves made

from a lean formula, that is, containing no shortening or sweetened

condensed milk, contained when taken from the oven an average

moisture content of 42.91 per cent ; 72 hours later, at the conclusion

of the experiment, they contained but 34.97 per cent of moisture,

a loss of 7.94 per cent. The average weight of the loaves when taken

from the oven was 768.5 grams. At the conclusion of the experiment

the average weight was 674.5 grams.

Similar studies made on bread with a rich formula containing

7 per cent of sweetened condensed milk and from 2 to 3 per cent of

shortening showed an average moisture content on the freshly baked

bread of 41 per cent, whereas 72 hours later at the end of the experiment the moisture content was but 33.08 per cent, a loss of 7,92 per

cent of moisture. The average weight of these loaves when freshly

baked was 806 grams. At the conclusion of the experiment the aver- age weight was 710.5 grams.

But whatever the condition or weight of the bread (and this statement is true of all foodstuffs which gain or lose in weight under

varying conditions of humidity and temperature) the change in

weight is always due to loss or gain in water content. There is no

change in the content of the food ingredients. A loaf of bread con- taining 38 per cent of water and weighing 16 ounces will contain

just as much food for the maintenance of bodily efficiency after its

moisture content has been reduced to 20 per cent, to 10 per cent, or

to 0. The fuel value of a ton of coke is determined not by the weight

of the coke but by the weight of the moisture-free matter. This is

not entirely a true statement, for in the case of fuels containing water

a certain number of British thermal units will be consumed in evaporating the moisture content. When, however, foods are burned in

human metabolism it is not necessary to take this fact into account.

The only point which interests us is the absolute quantity of food

obtained.

In a bulletin of the Kansas State Board of Health, J. T. Willard

very pertinently points out the necessity for an accurate basis for the

determination of legal weights. He says, in part:

The change of weight to which commodities sold by weight are subject is a very important factor in the commercial world. The honest farmer who

salts the cattle well that they may be encouraged to drink freely of water

just before they go on the buyer's scales, and the milkman whose most effective

ally is the pump, are but crude workers in a field of practice in which certain

other producers are more skillful even if no more honest. It is obvious, too, that a dealer might suffer considerable loss by the natural drying of a com- modity kept in bulk and sold by weight. On the other hand, it is not impossible

that if he holds it under more humid conditions he may profit from an unearned

increment due to the absorption of moisture.
' 72 BUKEAU OF STANDABDS

Even the few illustrations I have cited of scores I might lay before

you are sufficient to sustain the belief that the present method of en- forcing weights and measures legislation is not in accord with Washington's expression which I have already quoted, and in which he

points out the importance of uniform weights and measures " derived

from a standard at once invariable and universal." It is obvious that our present method of determining quantities of commodities by the

scale without at the same time taking into account their moisture

content is not such a standard. It is equally obvious that laws and

regulations governing the sale of commodities by weight which do

not recognize the hygroscopic character of most food conmaodities can not be enforced except to the disadvantage of the buyer or seller, or both.

Can we longer ignore the obvious fact that the real value of food

commodities is not determined by measure or weight, but by the

number of food units sold? The moisture or water in the commodity

in question increases the weight and usually the bulk, but it does

not in the slightest degree add to the nutritive value.

Tlie point may well be made that unless foods or other commodities have a recognized moisture content it will not be possible to

establish a standard by which the quantity in question may be measured. This is true. It would indeed be impractical to say that the

weight of flour, of raisins, of coke, of butter, of bread, should be

determined by adding to the weight of the moisture-free substance

a definite moisture content unless such a moisture content had been

determined and fixed, either by universal custom or by legislative

enactment. Fortunately, such moisture standards are recognized in

the case of many commodities.

The moisture standard of butter is fixed at 16 per cent, of flour

at 13.6 per cent, of bread at 38 -pQv cent, of No. 1 hard red spring

wheat at 14 per cent, grade No. 5 hard red spring wheat 16 per

cent, grade No. 1 hard red winter wheat 13.5 per cent, while grade

No. 5 of the same type of wheat is set at 15.5 per cent. The moisture

content of grade No. 1 shelled corn is 14 per cent while the sixth

grade of the same corn may contain up to 23 per cent. The moisture content of grades 1, 2, and 3 oats shall not exceed 121/^ per

cent, while grade No. 4 shall not exceed 16 per cent.

Tlie Bureau of Agricultural Economics of the United States Department of Agriculture is charged with the grading of wheat,

shelled corn, and oats, according to the official grain standards of

the United States. At the present time the Government maintains

36 supervision stations and 190 inspection stations for the testing

of these grains, and approximately 450 inspectbrs are employed in

enforcing the grain standards act. In 1923 these inspectors tested

2,000,000,000 bushels of grain, making some 1,400,000 inspections.

Of this great number of inspections' some 400,000 inspections were

of corn and included the determination of the moisture in the

sample. This work which is being carried on so successfully by the

Federal Government is an outstanding example of the recognition

of the fact that the moisture content of commodities subject to

inspection must be taken into consideration.

At a recent meeting of the weights' and measures officials of the

State of Indiana, the following resolution was adopted:
SEVENIEEITTH CONFERENCE ON WEIGHTS AND MEASURES 73

Whereas it has been alleged that in the enforcement of weights and measures legislation the only scientific method of arriving at the actual v/eight

of certain products with recognized properties of gaining and losing moisture

is by determining the weight of the water-free substance, and with basic

data so obtained to calculate the original weight at time of production by

adding thereto the legal or recognized moisture content: Therefore be it Resolved, That this conference of State, county, and city inspectors of weights

and measures requests of the Bureau of Standards of the United States Department of Commerce certain data bearing on this subject, as follows:

1. Is the method of calculating the weight of bread at the time of manufacture, or flour at the time of packing, by determining the weight of moisturefree substance and adding the legal or allowed moisture content scientifically correct?

2. Is it practical to suggest to weights and measures departments that pres- ent methods of law enforcement be improved by providing that the actual

weight of products at time of manufacture or packing may be calculated by

adding to the moisture-free content of the substance in question the legal or allowed moisture content?

3. Is it possible to devise methods for determining the moisture-free content

of bread, flour, or other substances which may be used, by inspectors of

weights and measures?

4. Is it advisable to work to the end that inspectors of weights and measures

be equipped with instruments of precision and with laboratories and departments in which they may be properly employed, to the end that weights and

measures legislation may be based and enforced on true scientific principles?

Three groups of men are anxiously awaiting the conclusions of

the Bureau of Standards—the group which deals in commodities

which fluctuate in weight under varying temperature and humidity

conditions, the group of scientists and technologists which recognizes

the necessity for correct standards based on a scientific foundation,

and the group of officials charged with the enforcement of weights

and measures legislation.

I have, I trust, pointed out the interest and concern of the first

group, and laid, though briefly, the foundation for my argument

on behalf of the scientific world. I have not discussed as yet the

practicability of improving the present methods of law enforcement

so that the actual weights of products at the time of manufacture

may be determined by adding to the moisture-free content the recognized or legal moisture content.

It has been pointed out to me by inspectors of weights and

measures that it is impractical for them to complicate their work

by introducing a technique which requires the services of a laboratory. Some officials have advised me that while they recognize the

desirability of improving on present methods of work they do not

have the funds with which to equip laboratories or employ chemists.

Other inspectors have said that their work would be handicapped

and the progress of justice delayed by any requirement of laboratory

sei'vice or scientific study. These arguments, or excuses, for they can not be more than that, must, I believe, fall before the facts and

the established practices already in vogue. In the prosecution of

cases involving the sale of skimmed or watered milk the inspector

no longer presents his evidence backed by only the hydrometric

report showing the specific gravity of the sample in question. His

testimony is fortified by the testimony of the chemist who has determined the exact fat content of the milk. The grades of grain are no longer determined by taking the weight per bushel and separating the dockage. Every sample goes to the laboratory where its

moisture content is accurately determined. The final grading, there-
74 BUEEAU OF STANDARDS

fore, is, in the case of wheat, based upon the minimum test weight

per bushel, the moisture content, the percentage of damaged kernels,

the amount of foreign material other than dockage, and the presence

of wheat of other classes.

If in the enforcement of the United States gTain standards act

it is necessary to determine in the case of every sample the exact

moisture content before the grade of the grain under investigation can be fixed, may it not be equally practicable to determine the

moisture content of other commodities subject to inspection? It

may be argued that there is no rapid method for the determination

of the moisture content of dried fruits, of flour, of bread, of butter,

and that the wheels of justice should not be delayed to permit<he use of the present slow methods of moisture determination. Is it not

probable that when the need arises, rapid methods of work will be

devised ? The butter-fat content of milk is no longer determined by extracting the fat with solvents. The Babcock milk tester now makes it possible to determine the fat content of milk in a few moments. The

officials who enforce the gTain standards no longer determine the

moisture content of grains by slowly drying out the moisture in a vacuum oven. The Brown-Duval moisture tester has been fitted

to the use of the inspector so that his work may be carried on

rapidly and accurately.

Whenever a need arises in industry the need is met. This is just as true in science. And can we not go further and hope that when

cities, states, and nations recognize the fact that the enforcement of

weights and measures regulations rests upon the application of

science rather than upon the appointment of politicians to a minor

office, we will have lifted into its proper place the whole work of the

inspector of weights and measures. We shall dignify the service,

remove it from the realm of practical politics, and place it in the

hands of scientifically trained inspectors, adequately equipped with

laboratory facilities for the accurate application of the laws of , physics and chemistry to the regulation of commerce.

DISCUSSION OF ABOVE PAPERS

The Chairman. Do you wish to start the discussion of bread, and

of those other papers this morning ? If you do, the meeting is open

for general discussion of the papers presented this morning. This

is a very important subject.

Mr. Emery. Mr. Chairman, in discussing this last paper by Doctor

Barnard, I have a letter from Joseph Poehlmann, president of the

Retail Bakers' Association of America, that I would like to have

read.

Mr. HoLBROOK. The letter is on the letterhead of the Retail Bakers'

Association of America, 425 Otis Building, 10 South LaSalle Street,

Chicago, 111. It is dated Milwaukee, May 24, 1924, and is signed

by Joseph Poehlmann, president. It reads as follows

SE\'ENTEEiN"rH AnNI'Al CoNFKEENCE ON WEIGHTS AND MeASUBES,

Bureau of Standards, Washington, D. C. Gentlemen : As president of the Retail Bakers' Association of America, it has come to my attention tliat a proposal may be made to yo\i to base breadweight laws upon a basis of the dry substance found in loaves, plus 38 per cent moisture.
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 75

In the name of the association I earnestly protest against this proposal, as

it puts the bread produced in the retail bakeries in the counti-y in a false light.

The proposition is founded upon the assumption that, in the sale of bread, we offer the public a combination of the maximum quantity of water and the

minimum quantity of nutritive matter allowed by law, and that in dealing

with the weight of bread we insist upon our right to produce and sell every

loaf upon the basis of the maximum quantity of water permissible.

Our efforts have been directed toward incorporating the maximum amount

of nutritive matter into our bread. We have told the American people, bread

is your best and cheapest food ; if loaded down with 38 per cent wacer, bread

is not the best and cheapest food, and we are not willing that our bread be

judged upon the basis that it contains that percentage of water. We want the American people to know the truth about bread, and that is that

the water content of bread varies according to the type or kind of bread

purchased, and seldom, if ever, reaches the fixed maximum of 38 per cent. We also want them to know that the bread we sell contains more than 10

ounces of nutritive matter in a pound.

We are on record as favoring the principle of standard weights for bread,

and feel that legislation along the lines discussed would bring confusion and

complications rather than standard loaves.

Respectfully submitted.

Jos. POEHLMANN,

President.

Mr. Emery. I wish to say further, Mr. Chairman, that I can not

agree with Doctor Barnard either in his reasoning or in his conclusion. I do not know that any standard for moisture has been

determined for bread. If we say there is a standard, then there must

be a legal standard. The only knowledge that I have in i-elation to

this is that various food commissioners, those who are investigating

the matter of standards, have given it as their opinion so and so, but so far as I know there is no legal standard for moisture content

of bread in the United States. Certain committees have given their

opinions, and the courts may accept or reject; they are not bound to

them. In Wisconsin we have certain standards fixed by law, and it is a very difficult thing to change these with an opinion. The United

States Supreme Court has passed on the question and said that the

officers of the Government have no authority to go beyond the Constitution. I have had some experience with such opinions. In

certain articles of food a drastic regulation of this character was

enforced until the Supreme Court of the United States swept it aside—there was no authority for the regulation. So the idea of

this moisture content being based upon a legal standard is, I thinlc,

incorrect. It seems to me it would be a fraud on the public. It seems to me that the matter of having precision instruments for the

weights and measures inspection, and of having a laboratory inspect

bread, and of carrying this process along all the lines of food would

be an immense undertaking. It seems beyond the reasonable and

legitimate domain of weights and measures. The Chairman. Gentlemen, the time for recess has arrived. I am

very sorry that it will be impossible for me to be with you during

the remaining sessions, but I have an important engagement in

Cleveland, Ohio, which will prevent my being here any further

during this conference.

(At this point a motion to adjourn was made and seconded, the

question was taken, and the motion was agreed to.)

(Thereupon, at 12.45 o'clock p. m., the conference took a recess

iintil 2 o'clock p. m.)
FOURTH SESSION (AFTERNOON OF TUESDAY, MAY 27,

1924)

ITie conference reassembled at 2 o'clock p. m., W. B, McGrady,

first vice president, in the chair.

GENERAL DISCUSSION IN RELATION TO THE BREAD SITUATION

The Acting Chairman. Will the meeting please come to order?

The first number on the pi-ogram will be the discussion of the

papers that were read this morning in relation to the bread situation.

Mr. Emery. Mr. Chairman, I wish to say that on the table there

are nearly 100 mimeographed copies of an article which I have prepared pertaining to the Nebraska bread decision as related to the

Wisconsin law. I have discussed it also to some extent in its relation

to other decisions of the United States Supreme Court. Anyone who

is interested is at liberty to take a copy of that material.

The United States Supreme Court has itself laid down the rule

that where the question is a debatable one—that is, one upon which

I'easonable men differ—it is not a question for the courts to decide,

but for the legislature. Now the Supreme Court of Nebraska sus- tained this law. Moreover, two members of the United States Supreme Court have dissented, and it would seem rather peculiar that

in this age the Supreme Court itself is undecided on the question.

But the majority of the United States Supreme Court says it is

absolutely arbitrary and is, therefore, repugnant to the fourteenth

amendment, and has swept aside the decision of the Legislature

of Nebraska as unreasonable and arbitrary. Now it almost looks as though the question is debatable. Conditions in Nebraska are not

comparable with the conditions in Wisconsin, and anyone of you who

wishes to do business in Wisconsin can come, but we are ready to

sustain our law.

Mr. HoLBROOK. Mr. Chairman, this morning I called attention to

the majority decision of the Supreme Court of the United States,

which is of very great interest to weights and measures officials, but

on account of lack of time did not attempt to give any detailed at- tention to the minority opinion. I certainly would advise any official

who has not had the opportunity of reading this case in full to take

the time to read both the majority and minority opinions of the court.

The minority opinion is just as strongly in support of the provisions

of the Nebraska law as reasonable and necessary ones, as the majority

opinion is to the effect that they are arbitrary and invalid.

A reading of the minority opinion is advised, because it is believed

that it will make you all proud of the work which you are doing both

individually and as members of this conference. Much of the material which has been used in assisting the justices in the minority to

arrive at their opinion has emanated from you, from your reports,

and from the reports of the proceedings of this conference, which

are freely alluded to.

76
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEAbtTRES 77

The reason for the utilization of this material is set out in the

following langnage:

The determination of these questions involves an enquiry into fact^. Unless we know the facts on which the legislators may have acted, we can not

properly decide whether they were (or whether their measures are) unreasonable, arbitrary or capricious. Knowledge is essential to understanding;

and understanding should precede judging. Sometimes, if we would guide by

the light of reason, we must let our minds be bold. But, in this case, we have

merely to acquaint ourselves with the art of bread making and the usages of

the trade; with the devices by which buyers of bread are imposed upon and

honest bakers or dealers are subjected by their dishonest fellows to unfair

competition ; with the problems which have confronted public officials charged

with the enforcement of the laws prohibiting short weights, and with their

experience in administering those laws.

Later we find that to a very great extent the justices in the

minority have gone outside the record of the case itself in their investigation into the essential facts, and this method of procedure is commented upon in the following words

:

Much evidence referred to by me is not in the record. Nor could it have

been included. It is the history of the experience gained under similar legislation, and the results of scientific experiments made, since the entry of the

judgment below. Of such events in our history, whether occurring before or

after the enactment of the statute or of the entry of the judgment, the court

should acquire knowledge, and must, in my opinion, take judicial notice,

whenever required to perform the delicate judicial task here involved.

In seeking these facts, as I have mentioned, they have turned to

the evidences of your work, and of your investigations and conclusions. They are impressed with the fact that the demand for

standard-weight laws has constantly been gaining momentum, especially during the last few years. They note the provisions in these

laws against excess weights and study the need for such a provision.

In this connection they find

:

The eflScacy of the prohibition of excess weights as a means of preventing

short weights having been demonstrated by experience during the period of

Food Administration control, a widespread demand arose for legislative action

in the several States to continue the protection which had been thus afforded.

They detail the States recently adopting laws of this character

and add:

The national conference on weights and measures indorsed a similar provision.And conclude:

Can it be said, in view of these facts, that the legislators had not reasonable cause to believe that prohibition of excess weights was necessary in order

to protect buyers of bread from imposition and honest dealers from unfair

competition?

They then consider and answer affirmatively the question as to

whether the prohibition of excess weights was calculated to effectuate

the purpose of the act, coming to this conclusion, after noting the

experience of States adopting such law and the fact that

* * * it has been indorsed by the national conference on weights and

measures and is included in the proposed " Federal bread law."

They decide after similar study that the prohibition of excess weights does not impose unreasonable bvirdens upon the business

of making and selling bread, stating : " * * * that it does not
78 BUREAU OF STANDARDS

require a higher degree of skill than is commonly available to bakery

concerns;" basing this conclusion upon the following arguments:

It is generally conceded that the baker can predetermine with great accuracy

the weight of a loaf of bead immediately after baking. See 14 Conf., Weights

& Measures, p. 77 ; 15 ibid. pp. 80-84. Neither can it be reasonably contended

that a 2-ounce tolerance is not enough to cover shrinkage "after baking. For,

pursuant to a resolution adopted at the Fourteenth Conference on Weights

and Measures (p. 87), a series of scientific experiments were conducted. See

15 Conf., Weights & Measures, pp. 80-84. The committee on specifications

and tolerances recommended to the conference a tolerance not in excess of the one here allowed. See ibid, p. 79. The general conclusion from all the above is

:

To decide, as a fact, that the prohibition of excess weights " is not necessary

for the protection of the purchasers against imposition and fraud by short

weights " ; that it " is not calculated to effectuate that pui-pose " ; and that

it " subjects bakers and sellers of bread " to heavy burdens, is, in my opinion, an exercise of the powers of a super-legislature—not the performance of the

constitutional function of judicial review.

Mr. Maeoney. Mr. Chairman, this morning a letter was read here

from the Retail Bakei-s' Association of America protesting against

an allowance of 38 per cent for moisture content in bread. What

Mr. Poehlmann is getting at is that the average bread will run

about 34 per cent, whereas the water in the bread which was used to

determine shrinkages in that Nebraska case must have been 40 per

cent.

Mr. HoLBROOK. I have no official information as to the moisture

content contained in bread, but I do know that 38 per cent, which

is mentioned in the letter, has been fixed upon as a maximum in a food inspection decision issued in connection with the enforcement

of the pure food law. As I understand this decision of the Bureau

of Chemistry, it serves notice on all bakers that if their finished

product does not contain more than 38 per cent moisture, the Bureau

of Chemistry will consider that it is not adulterated with water, but

if it does contain more than 38 per cent they will feel free to go into

court and state it as their opinion that it is so adulterated. It is

merely a food inspection decision of the Bureau of Chemistry, but

was, I believe, drafted in cooperation with and is concurred in by

various associations.

Mr. Barnard. Inasmuch as this letter of the Retail Bakers' Association of America was, perhaps, directed against the address that I

gave this morning, I should like to have the record show that the

title of my paper was "The practical application of scientific methods of law enforcement," and in no sense did I attempt to confine

my paper to the enactment of laws which affected bread only. My

thought is that my method of law enforcement should be applied to

all materials which are hygroscopic ; not alone to bread, as this letter

would apparently indicate.

INDORSEMENT OF FEDERAL BREAD BILL, H. R. 8981, SIXTYEIGHTH CONGRESS, FIRST SESSION (WITH TEXT OF BILL)

Mr. Brand. Mr. Chairman, I think that I might add a practical

suggestion to what I said this morning. It is that before you leave

here for home this conference should consider a resolution indors-
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 79

ing or condemning the Federal bread bill. I think we ought to

know what you men think and I think that a suggestion of this kind

is proper—that the weights and measures officials of the various

States have a duty to perform in advising their Congressmen and

their Senators of their ideas relative to this kind of legislation. I

want to thank you for asking me to come here. I have enjoyed

your meeting and I will now have to get back to the House.

(It was moved by Mr. Holwell, and seconded, that this conference

indorse the so-called Federal bread bill, H. R. 8981, Sixty-eighth

Congress, first session, introduced by Congressman Brand of Ohio.)

[The bill is as follows

[H. R. 8981]

A BILL To establish standard weights for loaves of bread, to prevent deception in respect

thereto, to prevent contamination thereof, and for other purposes Be it enacted hy the Senate and, House of Representatives of the United

States of America in Congress assemUed, That this act may be cited as the

" Federal Bread act." Sec. 2. (a) That when used in this act

(1) The term "person" includes an individual, partnership, corporation, or association but not a common carrier.

(2) The term " State " includes the District of Columbia.

(3) The term "twin or multiple loaf" of bread means the product obtained

by so baking individual units that two or more adhere to one another, but

are susceptible of separation by breaking. Whenever the word " loaf " or

" loaves " is used in this act it shall be construed as including the individual

units of twin or multiple loaves.

(b) The provisions of this act shall not apply to biscuits, buns, crackers, rolls, or other similar bread units, weighing less than four ounces each, or to bread

commonly known as "stale " bread, and sold as such, in case the seller shall at the time of sale expressly represent to the buyer that the bread so sold is " stale " bread.

Sec. 3. The standard weights for loaves of bread shall be one-half pound, one pound, one and one-half pounds, and whole multiples of one pound,

avoirdupois, within the tolerances provided in section 4 hereof.

Sec. 4. That a tolerance of three and one-half ounces per pound in excess

of the standard weights prescribed in section 8 shall be allowed and shall be

applied to the average weight of at least five loaves of the same nominal weight

and of the same manufacturer, or to the average weight of all such loaves

when the supply available at the time and place of the weighing exceeds five such loaves and is not more than ten such loaves. If more than ten such

loaves are available, at least ten shall be weighed in determining the average.

Whenever the number of such loaves available exceeds the number of loaves

so to be weighed, the loaves weighed shall be taken at random.

Sec. 5. That each loaf of bread and each twin or multiple loaf shall be either

completely wrapped or otherwise kept in such a manner as to Substantially

exclude dust and contamination.

Sec. 6. That each loaf of bread shall bear a plain and conspicuous declaration of its standard weight prescribed in section 3 hereof, together with the

name of the manufacturer and the name of the place where manufactured.

In respect to bread not wrapped, this declaration shall be printed upon a label not less than one inch square firmly and sanitarily attached to the loaf. In

respect to wrapped bread this declaration shall be printed upon the wrapper.

In respect to wrapped twin or multiple loaves, the declaration on the wrapper

shall be the total of the standard weights of the loaves and, in addition, each

unit of the twin or multiple loaves shall be labeled in the same manner as bread not wrapped. The declarations of weight herein required shall be in

boldface capital letters and figures not less than twelve-point in size. Sec. 7. That it shall be unlawful for any person to ship or transport, offer for shipment or transportation, or deliver for shipment or transportation, from

any State to. into, or through another State loaves of bread which are not of one of the standard weights prescribed in section 3 within the tolerances applied

pursuant to section 4 hereof, or which are not wrapped or otherwise kept as
80 BUREAU OF STAjSTDABDS

required in section 5 hereof, or which are not marked as required in section

6 hereof. Any person who shall violate any of the provisions of this act shall

be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 nor more than $200 for the first offense and upon conviction for each

subsequent offense not less than $50 nor more than $500.

Sec. 8. That loaves of bread the weights of which are not of one of the

standard weights prescribed in section 3 within the tolerances applied pursuant to section 4 hereof, or which are not wrapped or otherwise kept as re- quired in section 5 hereof, or which are not marked as required in section

6 hereof, and which are being ti'ansported from one State to, into, or through

another State, or having been so transported remain unloaded, unsold, or in

original unbroken packages, shall be liable to be proceeded against in any dis- trict court of the United States within the district where the same are found

and seized for confiscation by a process of libel for condemnation. And if such loaves of bread are condemned as being in violation of any of the pro- visions hereof, the same shall be disposed of by destruction or sale, as the

said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States. The pro- ceedings in such libel cases shall conform as near as may be to the proceedings in admiralty, except that either party may demand trial by jury of any

issue of fact joined in any such case, and the proceedings shall be at the suit

of and in the name of the United States. Sec. 9. That all loaves of bread which do not conform to the requirements

of this act, transported into any State and remaining therein for use, consumption, or sale therein, shall upon arrival within the limits of such State be subject to the operation and effect of the laws of such State enacted in the exercise of its police powers, to the same extent and in the same manner as though

such loaves of bread had been produced in such State, and shall not be ex- empt therefrom by reason of being introduced therein in original packages

or otherwise : Provided, That this shall not be construed to relieve any person

or to exempt any bread from the penalties and forfeitures prescribed in

sections 7 and 8 of this act. Sec. 10. That it shall be the duty of each district attorney to whom the

Secretary of Agriculture shall report any violation of this act, or to whom

any health or food or weights and measures ofiicer or agent of any State shall

present satisfactory evidence of any such violation, to cause appropriate pro- ceedings to be commenced and prosecuted in the proper courts of the United

States, without delay, for the enforcement of the penalties and forfeitures as

in such case herein provided.

Sec. 11. That the Secretary of Agriculture shall from time to time make

such rules and regulations as he may deem necessary for the efficient exe- cution of this act, and in furtherance of the purposes thereof may cooperate

with any department or agency of the Government, any State, or department,

agency, or political subdivision thereof. Sec. 12. That the act, omission, or failure of any person acting for or employed by any individual, partnership, corporation, or association, within the

scope of his employment or oflice, shall in every case also be deemed the act, omission, or failure of such individual, partnership, corporation, or association, as well as that of such person.

Sec. 13. If any provision of this act or the application thereof to any person

or circumstances is held invalid, the validity of the remainder of the act and

of the application of such provisions to other persons and circumstances shall

not be affected thereby.]

Mr. Emery. I wish to ask whether by the terms of that bill

Federal jurisdiction is limited to interstate commerce or whether it goes into the State?

Mr. Brand. Mr. Chairman, in this bill Congress assimies no

authority beyond interstate commerce.

Mr. HoLWELL. Mr. Chairman, the reason why I introduced that

motion is that I come from the city of New York, and represent

that city where Congi'essman Brand says the consumers are losing

nearly $11,000,000 annually on bread. I, like Congressman Brand,

feel that the Nation should take some action in regard to the sale

of bread. Any commodity in which the consumer is mulcted to the
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 81

extent of $100,000,000 annually should receive some consideration

from the weights and measures officials of the United States. Moreover, the Congressman was conservative. Many of the manufacturei-s

in the city of New York are selling loaves of bread for 8 or 9

cents which do not weigh 14 ounces, but 12 and I21/2 ounces. While

the bill does not enter into regulation within the individual States,

nevertheless it shows to the respective States that Congress is vitally interested in this question. I hope after its passage that

every State in the Union will follow the example set, and have

enacted laws along the broad lines laid down by Congressman Brand.

The Acting Chairman. Mr. Holwell, I feel it a great pleasure

on my part to put such a motion. We gathered data m 67 cities on

the weights of 3,000 loaves of bread and we found 105 different

weights.

(The question was taken and the motion was agreed to.)

Mr. MooRE. I move we have a rising vote of thanks to Congressman Brand for his address this morning.

(The motion was seconded, the question was taken, and the motion

was agreed to by a unanimous rising vote.)

Mr. Brand. I appreciate this very much and I thank you for

your vote of approval of the Federal bread bill, which I am sure

will have an influence upon Congress. But do not forget that you

have a duty in reference to your State laws, and also that your

influence with Members of Congress will be of great value, in writing them on this subject, because they know that you know more

about it than anyone else.

INTERlSrATIONAL BUIIEATJ OF WEIGHTS AND MEASURES AND GENERAL IMPRESSIONS OE WEIGHTS AND MEASURES ABROAD

By L. V. JxJDSON, Bureau of Standards

Mr. Chairman, ladies, and gentlemen, during the past year I

had the pleasure of being at the International Bureau of Weights

and Measures, which is located at Sevres, a suburb of Paris, and

of visiting various standardizing laboratories in Europe. Although

my trip was primarily for the purpose of gathering information . on the methods used abroad in precise measurements, I also had opportunity of observing some of the general conditions prevailing

in the administration of weights and measures in Europe. I was

especially interested in the work of high precision, and particularly

in the recomparison of tlie meter which Doctor Stratton delivered to

the International Bureau three years ago, and which I had the opportunity of bringing back to the United States after the work of

recomparison was completed. Incidentally I also wanted to know

what was going on in the various cities along lines of routine test- ing of commercial apparatus.

First, I will speak of the International Bureau of Weights and

Measures. This bureau is small compared with the Bureau of Standards here in Washington. It has but seven or eight members on the

scientific staff, and two principal buildings. The office building and

residence of the director commands a view across the Seine, and of

the entire city of Paris. It is one of the old houses formerly used

by the royalty of France.
82 BUREAU OF STANDARDS

A special building has been built to house the laboratories con- ducting the precise measurements for which the bureau was founded.

Special rooms are provided for (a) the comparison of geodetic

standards; (b) the testing of commercial standards and gauges;

(c) the comparisons incident to the determination of coefficients of

thermal expansion; (d) the Comparisons of the National prototype

meters, one of the most important functions of the International

Bureau; and (e) mass determinations. Several rooms are devoted

to the work in connection with air and precision glass thermometers.

This brief outline will serve, perhaps, to enable you to understand,

in general, the character of work performed at the International

Bureau.

I«t will interest you to know that the comparator now used in the

tests of meter bars is the same one as was used by L. A. Fischer when

he took our meter over for recomparison in 1903. In this connection,

I may say that the conclusions reached by Mr. Fischer as a result

of this recomparison, which at first were thought to be in error, have

since been substantiated in every detail. It has been determined

without question that meter No. 27, the United States prototype,

has not really changed, but that two laboratory standai'ds of the International Bureau have, in fact, altered to some extent, and that the

coefficients of expansion of various meters were not originally determined with the accuracy now possible. I might also mention that

it was in a room next to the balance room in which, in 1895, Doctor

Michelson determined the value of the meter in terms of wave lengths

or red cadmium light by the use of the interferometer, a notable

achievement and a most valuable contribution to science.

Although geodetic work is not particularly related to the activities

of this conference, you may be interested in seeing a picture of the

4-meter comparator used for comparing bars for geodetic base-line

measurements of high-precision surveys. It shows the tendency to- ward a considerable complexity in a great many European instruments, which often tend toward enormous sizes. The Russian

Government has a comparator of this type which is probably the

newest, largest, and most up to date in existence. So much for the

International Bureau, the work of which is primarily the comparison

of standards of weight and measure. As to general weights and measures impressions received abroad,

I may say that many things in Europe appear strange to an American. For instance, in Holland they have a law which prescribes

very definitely the character of weights which may be used. I have

here one of a series of charts from which you will see that even

the smallest details, such as the diameter of the knob, are carefully

specified. This same character of regulation is found in relation to

other classes of apparatus, although in the matter of scales there

appear to be no proper requirements concerning their test and use. I have seen in use balances which were badly rusted, and others

which were 30 degrees out of level.

To us in the United States it seems strange that automatic scales are not permitted in a number of countries in Europe. For instance,

in Belgium certain types of automatic scales are not allowed. In

Switzerland the weights and measures officials are rather hoping that

they can get a law whereby the use of the automatic scales will be
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 83

permitted, but at the present time in the meat markets, for instance,

the scales used, are almost all of the old type with equal arms. Throughout Europe sales are made on the weight basis, at least as much or more so than in the United States; they use measures

very little. They seem to have adopted the ]3ractice of selling almost

everything by weight. And so we find ever5'where these even-arm

balances of all sorts of types; and as long as they can put a weight

on one side balanced against commodity on the other, they appear

to be satisfied.

Gasoline pumps and measuring devices are now in rather common

use abroad, most of them being American made. A number of oil

and gasoline companies are either American companies or are American controlled, and they are seeking to have the European countries

promulgate regulations similar to the American specifications on

gasoline-measuring devices, but there is as yet little, if any, legislation affecting these devices.

Turning now to the national bureaus I may first mention the Swiss.

This bureau goes to the individual city, as the system is that of a

centrally controlled testing and checking organization. In the

bureau at Berne, Switzerland, is a lecture room to which the field

men go to receive detailed instructions and information. The local

sealers of weights and measures also test the track scales in their

jurisdictions, so in this room are models of track scales as well as of other weighing and measuring devices. These officials periodically go to Berne to learn the details and new developments in their

field of work. There is a sort of a lecture course given on the theory

of the balances and methods of testing.

In Italy there is a school of instruction in weights and measures

inspection work. A course has been outlined which all inspectors

must attend. In the laboratory work connected with the course

these men calibrate a subdivided length standard by the method of

least squares, they calibrate sets of weights, and they are grounded

in the fundamentals of laboratory methods of measurement. This is

not with the idea that they will use these methods in the field, but in

order that they may have knowledge of the precise methods used in

the laboratory and will understand what refinements are necessary

if they should ever encounter that type of work, and the full meaning

of certificates and reports from the laboratory. The Italian bureau

in Rome has an atlas of weights and measures which is somewhat

like the Dutch one but very much larger and even more detailed. In

this atlas I recently noticed that some dimensions on balances were

specified down to the thousandth of a millimeter. The manufacturer

must make his balance not merely so that it will weigh correctly, but

it must be constructed according to these specifications.

Just a word about the museums. I visited many of them to see what was on exhibit to illustrate the design of apparatus at various

periods, and found it very instructive, especially concerning the

weights and measures of the world. In one of the museums in

Paris—one of the largest museums of mechanical and other scientific and technical devices—I found that the manufacturers of the

United States back in the sixties and seventies had sent over copies

of what were then our latest scales. The atmosphere is very good in

6379°—24 7
84 BUKEAU OF STANDARDS

Paris for the pi'eservation of museum exhibits and they take good

care of the instruments. Thus, these scales dating from 1860 to 1870

still appear bright and new. Thej^ are surrounded by later models

of French, English, and German manufacture, and it appeared as if

no particular effort had been made to secure or to send the latest

American models of such things as balances or platform scales over

there. Thus, to a casual observer, unless the dates were noticed, it would appear that the Ameincan scales were far beliind those of

European manufacture. This is one of the dangers of museums. I

also examined some of the balances of 50 to 100 years ago, and they

were very interesting. Although they were not precision balances,

they did represent careful workmanship. Much time was spent, however, in putting scroll work and elaborate decorative designs on the

balance. They took particular pride in making each mdividual

scale, but that they did not usually make it a precision scale could

be seen hj a casual inspection.

[During the course of this address Mr. Judson exhibited lantern

slides of the International Bureau of Weights and Measures, and

also showed charts and other exhibits of interest.]

DISCUSSION OF ABOVE PAPER

Mr. Dale. About a year or two ago there was a cable dispatch

from Paris stating that the International Bureau had found out

that the meter had changed and that they were in doubt whether

it was really a change in the length of the bar or the result of the

widening of the lines from the washing of the meter. During your

stay at the International Bureau, did you get any information on

that point?

Mr. JuDSON. I got a great deal of information on that point.

The international prototype meter had remained absolutely un- changed and, in fact, the meters of the different countries were in

every case, as far as could be determined, the same as when they

were first compared. The unfortunate fact is that two meters,

which were laboratory standards at the International Bureau—not

fundamental standards, but two bars used for laboratory work

did change; but that did not invalidate the work of the bureau

except in a few instances. It was with these laboratory standards

that Mr. Fischer made his comparison in 1903, and not with the

primary standard. That was what caused the discussion regarding our meter. The strange thing is that those two laboratory standards changed, and changed alike. The International Bureau was

amaze)*], because they had compared these two standards with each

other for a good many years and it was supposed that, inasmuch

as they remained the same relative to each other, in all probability

they were retaining the same length relative to the prototype meter

and to the national standards. Why those two laboratory standards

changed is really unknown. The change was of the order of three

ten-thousandths of a millimeter, three-tenths of a micron, or to

put it another way it is three ten-millionths of a meter.

Mr. Dale. At what temperature do they make these comparisons?

Is it at zero centigrade or is it at the ordinary temperature of the

room?
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 85

Mr. JuDSON. Ordinarily at the room temperature. However,

measurements are also made for the coefficient of expansion, in

which case comparisons are made at temperatures from zero to 40°

and more centigrade.

Mr. Dale. Is the prototj^pe meter—that is, the one marked with

the large " M "•—kept the year round at the same temperature, or does the temperature vary with the seasons ? Mr. Jtjdson. In the vault where the meter is kept the temperature

is very nearly constant. I am not sure of the actual temperature

variation, but believe it is but a fraction of a degree. Below the

basement of the laboratory building there is a vault where the

laboratory standards are kept, and down, below that vault is the

vault where the prototype meter is kept, and it is sufficiently far

below the gi'ound surface so that the temperature is very nearly

constant. It should be remembered that the outside temperature

variation is much less in Paris than it is here* in Washington.

Mr. Dale. Some time ago Doctor Guillaume wrote me that they

had their doubts about the practicability of establishing standards

and verifying them hj light rays and that they were experimenting with new materials, trying to get something better thar^ this

platinum-irridium alloy, and he mentioned quartz. I would like to

ask if you can give any information on that?

Mr. Jtjdson. The only information I can give is this: There is a way of using the wave length of light as a unit of length. The

wave length of light is very short, and secondary standards are needed. These must be end standards and not line standards, and

it has been proposed that quartz be used. At this time a man named

Perard is working on this investigation, but so far as I know there

have been no final results on it. Mr. Spotz. This question of accuracy is of importance to everybody, and it has often occurred to me that while it is possible to

make accurate comparisons in the laboratory on your test bar, you

are governed by the accurac}^ of measurement of the room temperature.

Mr. JuDSON. The thermometers which are used for this highprecision work are French thermometers. We find that there is no

one in Germany or France, or indeed in all Europe, who is able to

make at the present time thermometers accurate enough for this

high-precision work. There are, however, a considerable number of

thermometers that were distributed along with the meters to the different countries—the Bureau of Standards has several of them

that have been standardized to a high precision. With them it is

possible to estimate to a few thousandths of a degree, using i^roper

precautions, but such thermometers are very valuable and at the

present time they can not be replaced.

THE ELIMINATION" OP SHORT WEIGHT AND MEASUHE

By Abthur MnWiTTTA MR, Chief, Division of Dairies mid Foods, State of Ohio

The accuracy of a weighing or measuring device never has nor

never will mean anything to the class of dealers in commodities

who are willing to chance violation of the law for the purpose of

obtaining added financial gain by defrauding their patrons. We
86 BUREAU OF STANDARDS

may spend hours of strenuous labor endeavoring to eliminate an

error of a fraction of an ounce in some commercial establishment

while brazen swindlers are stealing thousands of dollars from the

public by questionable methods.

I shall outline briefly our investigation and prosecution of persons

engaged in the practice of three different kinds of fraud in Ohio,

by the operation of which the general public suffered a loss, conservatively estimated, of $1,000 daily. The first of these was the

gigantic oil frauds conducted by wholesale and retail concerns sell- ing lubricating oils at Cleveland, Ohio. This city contains more

than 200 companies selling this product, of which approximately 15

really own or possess any stock of the commodity which they sell. The remainder depend upon wholesale establishments to fill their

orders and make shipment. It may be safely said in passing that

not more than one in a hundred of these purchasers throughout Ohio

remeasure the barrel of oil they receive. Wood barrels and steel

drums are used for shipping the product to the retail trade and an

average of 800 barrels are shipped from this city daily.

The common practice of many of these concerns was to over gauge

the container. Twenty-nine gallons was the usual amount put in

barrels or drums of 30-gallon capacity and the contents were marked

as 34 gallons. Hence, the innocent purchaser paid for the gallonage

indicated, which, in fact, was 5 gallons more than the actual amount

shipped.

Seventeen of these companies' were prosecuted, and in all the cases

filed not one was contested. The State compelled a refund to Ohio

purchasers of the amount of this shortage; consequently, more than

$19,000 was returned to their patrons. The wide publicity given

these fraudulent practices through the cordial policy of the press

served as an effective remedy, a complete and detailed exposure of

the unfair methods used being broadcast.

The next item coming under our observation relates to the illegal

sale of gasoline at filling stations in the city of Toledo. By chance

it was developed that this particular activity had become organized

by a number of operators, and that the members were schooled by

an expert in the manipulation of the automatic pump. You will

no doubt agree when I say we can test, adjust, and seal the measuring

device, but we can not adjust and s'eal the person who operates it. Let it first be known that the conditions which existed in this city

and the short measuring of gasoline which was being practiced in

almost all sections of the State at the time were not due to faulty

devices used and the short measxiring was not done at the behest of

the companies which owned the stations.

A general raid was decided upon, and I shall outline the manner

in which we operated : All possible suspicion was removed from the

mind of the station employee by securing a coupe, constructing a 3-gallon tank under the seat of the car as a fuel container, and set- ting the regular gas tank at such an angle that the special drainage

pipe running to the rear of the car would quickly and completely

empty it. We then employed a lady detective to drive the decoy

car and make the purchases. Tennessee auto licenses were used, and

each running board was loaded with luggage to give the tourist appearance as much as j)ossible.
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 87

The city sealer, with his assistant, planned a route each day and

tested and sealed the pumps at the various stations just before the

purchases were made. The detective followed the route of the sealers, and two reliable citizens, members of the local auto club, were

near the stations when the purchases were made by her, and after

the test car left the place of the transaction they assisted in meas- uring the amount bought, using an approved 5-gallon liquid test can. One hundred and eleven 5-gallon purchases were made, of

which 36 were within 1 pint of being correct and 75 were decidedly

short. As low as 3 gallons and 1 pint was received as and for 5

gallons. A total shortage of 48x'^ gallons was observed in the 555

gallons requested and paid for. Nineteen of the station operators

were prosecuted in the municipal court, and immediately discharged

by their employers. One member of the organization admitted his

daily "rake-off" was $10.

This method of checking dealers was extended to other cities

within the State. In each instance we received the assistance of the

local auto clubs, and the investigations resulted in 37 arrests in Cleveland, 29 in Akron, and 15 in Columbus. This experience demonstrated the futility of testing and sealing devices under the belief

that they would thereafter be properly manipulated.

The last item for discussion pertains to the millers, or those en- gaged in packing flour for commercial distribution. In a spirit of

fairness we must observe the weight of this commodity is subject to

considerable variation on account of moisture content, and, again,

not many mills are equipped with scales that will Aveigh with accu- racy because of vibration of machinery.

In approaching the subject of weight deficiency in flour we are usually confronted with the miller's first defense, that of " unavoidable shrinkage," which depends materially on the age of the flour

and storage conditions. Taking this into consideration, our first

move was to inspect and test the weights of the product recently

packed in the mill and weighed on the miller's scales. This revealed

the practice of weighing gross and marking net. In some instances

we found as much as 6 ounces spilled or deposited on the scale platform and being reckoned as a part of each bag packed. In some

localities we encountered price wars and dealers in their eagerness

to meet competition purposely packing eighth-barrel bags 2 pounds

short. Three carloads condemned by our sealers indicated an aver- age shortage of 14 ounces on 24i/^-pound bags, although they had

been packed only five days. County and city sealers throughout

Ohio were instructed to reweigh flour found in stores and make

check weight sheets on all stock that had been on hand less than 10

days. The shortage that this general survey brought to our attention

was indeed surprising, and as these delinquencies were traced back

to the manufacturer or packer, one of three contributing factors was

usually found to prevail—gross packing, careless manipulation, or

faulty devices.

In conclusion I may say to the extent avarice in mankind has the

greater appeal, in an equal measure we may expect mercenarj^ practices in conmiercial dealings. However, the incidents herein related

had a decidedly salutary effect on trade practices in Ohio.
88 BUREAU OP STANDARDS

DISCUSSION OF ABOVE PAPEK

Mr. Egan. Were you able to determine what method the operator

used to give shoit measui*e ? You did not bring that out. Assuming

that the pump was accurate, were your officers able in any case to

determine just how the fraud was perpetrated?

Mr. McWilliams. I could not explain their exact method of operating the pumps, but in some way they made it appear as if they

were operating it to full capacity, but were not.

Mr. Egan. Then the assumption was that they did not run that

piston to the top stop. In Connecticut, if we know that the pump is

correct, we try to find out if the operator did not run the piston to

the top oh a 5-gallon order. Our weights and measures officials are supposed to operate the pump after they make a purchase to see if it

could be so operated as to give the correct amount. We do that in

all cases where we find any short measure. Very often the officer is

able to tell, without looking, that the pump has not been emptied. I

remember one time we were about 2 quarts short on 5 gallons. We

immediately operated the piunp in the ordinary' maimer and found

that it gave full 5 gallons. Of course, we had a prosecution.

(It was moved and seconded at this point that the conference adjourn; the question was taken, and the motion was agreed to.)

(Thereupon, at 3.55 o'clock p. m., the conference adjourned to

meet at 9.30 o'clock a. m., Wednesday, May 28, 1924.)
FIFTH SESSION (MORNING OF WEDNESDAY, MAY 28,

1924)

The conference reassembled at 10.10 o'clock a. m., at the Bureau

of Standards, William B. McGrady, first vice president, in the

chair.

The Acting Chairman. Gentlemen, the meeting will please come

to order. As we have the esteemed honorary president of our asso- ciation with us this morning, I will ask him to take the chair for

this morning's session.

(Dr. S. W. Stratton, honorary president, assumed the chair.)

ADDRESS BY THE HONORARY PRESIDENT, DR. S. W. STRATTOIT

Gentlemen: It seems quite natural to be with you. During the

past year, and since I have been away from the bureau, I have come

to appreciate your work a great deal more than I did. We often

appreciate things more from a distance than we do when we are

closely associated with them.

It is exceedingly gratifying to me to see the original purpose of

the conference being carried out. It was the dream of Mr. Fischer

and myself, and our associates, that this conference should be the

clearing house for matters pertaining to weights and measures, inasmuch as it was not practicable for all of you to have scientific

apparatus and scientific bureaus at your disposal. Some of the

more fortunate have. It was not possible for us, under the laws,

to do anything more than serve as a guide, which in the long i*un

has been, I think, a very wise method of procedure. As all of you

who have been coming here know, the bureau has never undertaken

to do more than this, and to be the means of bringing you together

where you can compare notes. That last feature of' it has become

more and more important, since this has gradually grown into a meeting such as is held by nearly all branches of industry and by

all kinds of professional men—namely, a conference where you can compare notes and exchange ideas.

Now, you are doing more for weights and measures in one year

by a conference of this kind than you could in a score of years

without it. Things move very rapidly here, while you would wait

a long time to find out through the regular channels what other

people are doing. That would be too slow a process, and we have

many examples to indicate this. I recall several of them. For

instance, the gasoline pump came into use very rapidly. The first

year it came up we knew very little about it. Shortly thereafter

specifications and tolerances were asked for. At a third meeting

we were working on specifications and tolerances. By that time

many of you came with much knowledge based on practical experience, which you were ready to contribute to the work of developing

a proper code.

89
90 BUREAU OF STANDARDS

There is another thing which has pleased me and is quite in

accord with what is being done elsewhere, and that is the giving of

this information, the result of your experience, to the makers of

these devices. There was a time when competing manufacturers

never cooperated with each other in any way, but while they still

compete in industry to-day, they frequently employ some agency

to get at the fundamentals which are of interest to the industry as a whole. We have had many instances at the bureau where competitors have contributed for a research which, when carried out,

gave results which would be of benefit to all of that industry.

There was, however, still competition in the application of those

principles. So it is in the case of weights and measures. You

have established by this conference the essentials—the specifications—^which are open to all the manufacturers. They can take advantage of that, and the maker who meets those specifications in the

best and most convenient way and obtains the most practical applition will win out. Therefore, this getting together and arriving

at the fundamental facts helps the whole industry. It helps all

those who are interested in the making of weights and measures, for

instance, while it does not destroy competition. Your field is going

to grow. I have often said it. I have taken advantage of every

meeting to keep that fact before you.

In many cases you are now handling things that a few years ago

would have seemed altogether out of your line. There is no reason why your office should not grow into the office which handles the

general question of standards—even standards of quality—in the

State. This may be a long way off, but it is coming, and this contact with the bureau and contact with each other is the thing which

will carry you safely through. It could not be done otherwise.

You could not take up and handle a great many things should they

be handed to you, without the assistance of the Bureau of Standards,

which is the center of measurement of standards of all kinds.

I am greatly pleased to be with you this morning. I remember

this work as one of the very first activities of the bureau and one

of its very first efforts to get in contact with the country. We felt

that the bureau could be useful to the country at large in weights

and measures matters, and that it could work through those who

administer the various State and city laws. We have always en- joyed this contact.

I have taken as much interest in this as in any conference ever held at the bureau, and the same has been true for Mr. Fischer and

his successors. They are all interested in your work. I know that

it is now, as it was in the past, that you can come any time to the

bureau and receive its support.

Your offices are often political; necessarily so. Tlie government

of a State or city must be given over to those who are in charge.

They may, or may not, be posted in regard to particular things, but

they must assume the responsibility. Now you have the backing

of the conference. If your acts have followed the conclusions of

this body and your regulations have been based upon the things

you have found good, it will be very difficult for a new man to come

in and deliberately tear up things through ignorance. If he does it

for other reasons, there is no excuse ; but you will not find that very

often. It is mostly done by some one who thinks it is a new thing

;
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 91

who thinks, " Here is a chance to make a reputation." It is all right,

it is a very good ambition, but it should be followed along the lines

of correct decisions, correct laws, and the trath.

Now, you are getting at the truth in regard to weights and

measures in these conferences. You are getting at it in many ways,

and your rules and regulations are based upon the facts which you

have found out in your work. The people in the bureau who are cooperating with you in regard to standards form the strongest

backing and assurance that you can have. Your head officials will

come and go, but your weights and measures work will go on

forever, for if it is based on the right principles it will be very diffi- cult to sidetrack.

I am very sorry that I could not be present the first two days of

the conference and listen to some of those discussions which are becoming more and more interesting and more important every year.

I read with great satisfaction this morning the results of your discussions. That goes all over the country; it starts people "thinking.

You have done a great work if you go no farther, but you will not

stop here. Your work will grow and grow until you get the right

things. I thank you very much for your attention.

PUBLICITY AS A MEANS 05" INCUEASING COOPESATIOlsr AND

EEEICIENCY

By Chaeles H. Bttlson, Sealer of Weights and. Measures, Jefferson County, N.Y.

Mr. Chairman and gentlemen, I do not come to bring you anything

new. I will try to revive in your mind certain fundamental truths

regarding publicity, not played out, not yet played in, endowed by

destiny. Our subject, " Publicitj^ as a means of increasing cooperation and efficiency," naturally divides itself into three important sec- tions or divisions : Publicity, the means employed, and cooperation

and efficiency, the two ends to be attained.

The very nature of the subject indicates an active campaign of

advertising to the end that the purchasing as well as the selling

public shall work together for the purpose of increasing efficiency,

ultimately bringing justice to all. Advertising is the method by

which the producer of commodities disseminates information regarding them. This advertising ha,s been brought to a high state of

efficiency, as evidenced recently with the stoppage of newspaper

advertising, when the sales of certain articles dropped 90 per cent.

so much news. Deprived of her store news the housewife is at sea regarding purchases. To make proper use of this fact is of great

value to the sealer of weights and 'measures.

Publicity, another name for advertising, to be effective must be of

such a nature as to secure the attention of all classes which this

department serves, and as such secure action. Since the results to

be secured are cooperation and efficiency, the people served must

cooperate, and to that end must be made to see their duty and

responsibility and serve it. Cooperate, as defined by Webster, is " to act jointly with another, or to concur in action, effort, or effect."

Cooperation, therefore, should be everything that its meaning implies. We find that cooperation in action is as old as history itself,

dating back to the time when the walls of the sacred city fell at the

The American buyer has come
92 BUREAU OF STANDAKDS

shouts of men. Here, too, we find publicity voiced in the shouts of

the assaulting party. Our own form of govermnent is but the

result of combined efforts—cooperation and efficient management of

means at the command of efficient leaders.

Just recently we find the bonus bill passed by the cooperation

of party leaders, through the efforts of the press, educating those

in authority. One person alone can not manage and carry into

effect, single handed, reforms or reform principles affecting localities, States, or a Nation. The people must be made to consider the

matter, and the quickest and sui'est method is through the printed

medium, the most powerful part of which is the public press. It

has been well and aptly said that water will reach its level

and will rise no liigher than its source. So our efforts as sealers

will not get above our aims, ambitions, or desires.

To the thoughtful sealer of weights and measures this question

ever occurs: "Wliat am I here for? Wliat is the object of the

work, and how shall I attain that object?" The answer is, " To se- cure a square deal, with just weights and measures to all parties

concerned, at all times, everywhere." The sealer of weights and

measures must learn to read human nature, and after having done

this to take advantage of the facts in his possession. The average

merchant means to be honest, and it is the exception to this rule

which causes the weights and measures officials concern. Many

offenses occur through ignorance of the law or its application.

Right here publicity steps in to aid the sealer. I, personally, make

free use of the public press, and once a week, or oftener, if occasion

requires, cause to be inserted items of interest affecting the merchant

from a legal standpoint.

Results of such action were quite apparent when on one occasion

I caused a huckster to be summoned to the bar of justice, and he

then and there plead guilty to the charge of selling a short-weight

peck of onions. He delivered 12 pounds of onions for a peck, whereas the peck of onions by New York State law must weigh 14V^

pounds. The reporters of several newspapers caused to be published

an account of the affair, calling attention to the fact that weight

and not measure was demanded in the sale of dry commodities. Immediately following this prosecution all hucksters who were selling

by measure at once procured scales and sold by weight only, not only

in my own coimty but" in adjoining comities. Right here let me

say that I believe that dry measures should be eliminated entirely,

and such goods usually sold from dry measures sold by weight.

No merchant in Jefferson County, N. Y., sells vegetables—potatoes,

onions, or like commodities of any sort

hy measure. They are sold

by weight and, of course, bought by weight.

In the case just cited the news item secured at once results in the

line of cooperation from all concerned, informing dealers at one

stroke just what was expected of them, thereby getting results with

least expenditure of thought, time, and money. Dealers, as a rule, are square, and the average dealer, if treated squarely and 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. The annual

report of the sealer usually emphasizes the number of crooked deal-
SEVEKTEENTH CONFERENCE ON WEIGHTS AND MEASURES 93

ers who have been caught, no mention being made of the 90 per cent or more who try to be honest, square business men.

There is another type of cooperation which I desire to mention

briefly. It is that between the State department and the local sealer.

The county has a right to expeot cooperation from the State and the

State from the county. It is an easy matter for a State department

to note from reports, correspondence, and other sources the activities of the sealer, just what the local sealer is doing, and the

State department should never become vexed if a local sealer keeps

its stenographei-s busy, and should be ever ready to lend a helping

hand, giving the sealer full benefit of all its knowledge and experience. I believe that the State department of every State should

annually call together all local sealers and weights and measures

officials, and discuss with them all the problems which are ever present and have to be contended with. In New York State we have

the State association of sealers of weights and measures, which

annually holds a conference, discussing, pro and con, questions of

vital importance to sealers and weights and measures officials generally. To these conferences, all State officials axe invited and given

a place on the program. The State officials are consulted in arranging the program, to the end that questions touching the work of the

majority of the sealers may be discussed. We usually conduct at one

session of the annual meeting an open forimi, where any subject relating to weights and measures may be freely discussed.

Between the New York State Department of Weights and Measures, and the New York State Association of Sealers of Weights and

Measures, the closest kind of cooperation exists. An example of this

is seen in the passage of the New York State bread law recently

signed by Gov. Alfi'ed E. Smith. The State department of weights

and measures sent telegrams to every sealer in the State, when the

bill was introduced, urging the sealer to get his senator and assemblyman to favor the bill ; and when the bill came up for final hearing, a delegation of the officers of the State association of sealers appeared

in support of the bill before the governor, urging him to sign the measure. Thus do our State association and the State department

of weights and measures work hand in hand.

We now come to the last phase of the work, efficiency. Efficiency

is the ratio of what is being done to what ought to be done. To get

results we must get close to the public. The prevailing idea that

efficiency means hard work is entirely wrong; the most efficient man

usually is not working hard. Tlie efficient man is one who gets a

lot of return for a little work. Most men who are exceedingly

strenuous are not highly efficient at all, and the fellow who hustles

through his work, driving himself and others to greater exertion, or who does for himself work which is already being done by others

who could furnish him with their knowledge and experience, never

attains high efficiency. He gets too little out of what he puts in.

His 'results are low in proportion to his expenditure of time and

effort. It is for this reason that the constructively lazy man is

apt to be most efficient. His brain works overtime to devise ways

and means to save effort, and economy of effort is a great step to- ward high efficiency. The man who gets the maximum of result

with the minimum of effort is efficient. He has considered his job

and planned his work so that results are accomplished with no
94 BUREAU OF STANDAEDS

waste of time or energy, or duplication of work. The bigger his

job, the wider his influence and the more important his decisions,

and this leads us to the necessity of some source of authentic, unbiased news of what is being clone in the weights and measures

world. This publicity is to be obtained in the public press.

In conclusion, permit me to say that the time appears to have

arrived when we may more properly look to the people, where natural laws may well be left to supplement artificial laws. In complete freedom of action the people oftentimes have a more effective

remedy by publicity than can be supplied by bureaucratic supervision. We do not need more government, we need more culture;

we do not need more laws, we need more cooperation; and to this

end publicity' and efficiency work hand in hand.

The Acting Chairman. Is thei'e any discussion of this paper?

The paper contains a great many good suggestions. I have often

felt that the officials within a State could profitably follow the ex- ample of the national association. I know of a great many organizations that have followed this one. It is a splendid thing. By getting together and comparing notes they do a great deal in promoting

uniformity and efficiency in the State.

METHOD USED IW THE CALIBKATION OF VEHICLE TANKS IN THE

CITY OF DETSOIT, MICH.

By Geoege F. Austin, Sealer of Weights and Measures, City of Detroit, Mwh.

Mr. President, members of the conference, and visitors: Before

attempting to outline the method used by my department in the

gauging and control of vehicle tanks, so-called, used in the sale and

delivery of petroleum products in the city of Detroit, I wish to

thoroughly impress upon your minds the fact that the proposition

of inspection and regulation of vehicle tanks was placed before me

by the covmcilmen of the city of Detroit on petition of a number

of owners of gasoline distributing stations, and at a time when,

so far as I could learn, there was no other department in the country

performing a like service.

I drew a general outline of an ordinance and invited the managers

of the various oil companies then operating in the city of Detroit

to confer with me on the same, and as a result of this conference our

present ordinance was submitted to the councilmen of the city of

Detroit and approved by that body on February 2, 1920. I will

ask your indulgence for a few moments in reading to you the ordi- nance under which I operate, which is being enforced in the city of

Detroit with gratifying results to all parties interested.

COMPILED ORDINANCES OF THE CITY OF DETROIT, 1920

CHAPTER 5, ARTICLE 8

Section 1. Every person, firm, or corporation engaged in the sale or distri- bution of petroleum products through tanli wagons or other conveyances within

the limits of the city of Detroit shall cause the compartments of the tank or tanks of said conveyances to be gauged and sufHcient gauge sticks to be provided.

For the purposes of this ordinance the tank or compartment shall be deemed

to be full when the contents are flush with the bottom of the dome. The ca- pacity of the respective compartments in gallons and the total capacity of tank

shall be painted or lettered in a conspicuous and appropriate place on the side of

the tank.
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 95

Sec. 2. The gauging of said compartments shall be carried out in the pi-es- ence of the sealer of weights and measures of the city, who shall stamp his

approval on the gauge stick, which stick shall be graduated on a 5-gallon basis.

An approved gauge stick for each compartment shall be carried on every tank

wagon at all times.

Sec. 3. When gauged as aforesaid and approved by the sealer of weights

and measures of the city, the tank or the compartments thereof, respectively,

shall be considered standard measures of the capacity indicated ; and deliveries

of full-compartment quantities may be made by means of a hose or piping,

and it shall be the duty of the driver or chauffeur of the tank wagon in such

cases to see that the tank or compartment is full before such hose or pipe

delivery is commenced, and that the entire contents of tank or compartment

is delivered. Deliveries in less than full-compartment loads shall be made

only by means of buckets or measures tested and approved by the sealer of

weights and measures.

Sec. 4. The driver or chauffeur of each tank wagon shall carry with him

a certificate signed by his employer showing the quantity and trade name of

the product loaded into each compartment of his tank wagon before any sales or deliveries are made, and as such sales or deliveries are made he shall write

a ticket or memorandum showing the trade name and quantity of the product

sold or delivered, the name of the individual, firm, or corporation to whom

such sale or delivery is made, the date of such sale or delivery, and the identifying number of the wagon. Such ticket or memorandum shall be signed

by the driver or chauffeur, and the certificate and ticket or memoranda

shall be exhibited to the sealer of weights and measures of the city or his

deputies at any time upon request. It shall be the duty of the employer to fur- nish the driver with the certificates and tickets above mentioned.

Sec. 5. It shall be the duty of the sealer of weights and measures of the

city to inspect, or cause to be inspected from time to time, such tank wagons

and to verify the galionage sold or delivered, by examination of said certificate

and the tickets or memoranda referred to in section 4 hereafter or by such

other means as to him may seem advisable.

The method of inspection and calibration of vehicle tanks in use by my department is as follows

:

First. We inspect all faucets to ascertain if they are functioning

properly to insure accuracy in determining measurements.

Second. We inspect the inside of each compartment and all piping

leading therefrom to ascertain if a proper drainage may be had from

each compartment and to locate a proper and level space at the

bottom of the tank from which an accurate measurement may be

determined.

Third. We require the tank, including all piping leading therefrom, to be filled with water to a level with the bottom of the dome

(shell full). Water is used as a testing medium, because it is believed to be the least susceptible to changes in volume due to temperature conditions. The tank or truck is then placed on a level

surface and convenient to a drainage system, providing a ready

means of disposing of the water as it is drawn from the tank. The

owner is required to furnish a hardwood stick three-fourths to 1 inch square, of proper length and dressed on all sides to receive the

5-gallon markings as found by the inspector.

Fourth. The gauge stick is inserted through the filler opening

until it engages with the bottom of the tank. The stick is then

marked at the water level for capacity load, and the distance from

the bottom of the gauge stick to the capacity marking is then care- fully measured and noted on our record. A 5-gallon quantity is then drawn from the tank and the gauge stick is again marked at

the water level thus found. The water level in each case is found

by means of a special instrument having a wire base at right angles

to the perpendicular, this instrument being slid doAvnward on the
96 BUREAU OF STANDAEDS

gauge stick until the wire comes in contact with the surface of the

water; then by using a hacksaw along the edge of the wire and

across the stick we make the permanent 5-galIon markings.

This process is rejpeated until the tanJi has been entirely emptied.

If the last amount drawn is not an exact 5 gallons, the amount is carefully measured b}^ using smaller measures to determine the

value of the space from the bottom of the gauge stick to the last

marking. This last determination is made to the nearest gallon,

viz, anything less than a half gallon is disregarded, while a half

gallon or more is considered as a full gallon.

Two inspectors are required for the inspection of a tank under

this method—one to draw and carefully measure each 5 gallons of

water from the tank, using measures which have been inspected and

corrected to the degree of accuracy required for office standards, the

other to determine the various water levels and mark the gauge

stick as each 5 gallons is drawn from the tank.

The owner is required to stamp with a steel die the value of each

5-gallon marking for each compartment represented on the gauge

stick, immediately above the various markings. He is also required

to furnish a brass or copper plate about 6 by 4 inches upon which is

stamped the company's name or trade-mark, the number of the tank,

the capacity in gallons and designating mark for each compartment,

and the total gallonage. The gauge stick and plate are then submitted at my office for inspection and approval, are compared with

our record, and if the markings are found to be correct we attach our official stamp, showing the date of inspection, at both top and

bottom of each compartment measurement. The plate is stamped

in a similar manner and required to be brazed on the right side and

near the front end of the tank as a permanent identification.

A measurement accurate to the nearest one-sixteenth inch is taken

of the length of each 5-gallon marking for each compartment. A

duplicate record is made of these measurements, one copy being re- tained for my office records and one copy furnished to the owner of

the tank to enable him to make a new gauge stick should the original

be lost or broken, without a regauging of the tank.

During the past three and one-half years we have inspected 493

tanks, ranging from 400 to 2,500 gallons each. During the same

time we have complied with requests for regauging 20 tanks. This

work has been carried out by different inspectors from those making

the initial inspection, with the following results

Total gallons

in tank

Difference fonnd in various compartments

Total gaBons

in tank

Difference found in various compartments

1 2 3 4 1 2 3 4

890 Gallom Gallons Gallons Gallons -1 719 Gallons +1

Gallons Gallons +1

Gallons

898 -1-1 -2

-1 -1 -t-2

-1-1 +2 -hi 874 -2 -3 715 +1

415 -1 -1-1 712 +2 +1

656. -1 431 -1

897 -H -1-1 +2

-1 715 +2 + 1 + 1 2,472 -5 1.014 664.. _ 1,036 +2 -1 +1

550 -2 -1 -3 1,596 -1 -1 -1 -1

439 -f-1 690 +1 4-1 +1
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 97

The result of the above reinspections shows that differences of 30

gallons minus and 29 gallons plus were found in the 65 compartments reinspected. Obviously, the 5-gallon error found resulted

from a miscount which would be discovered under the present

method.

The provision which requires the gauging of vehicle tanks and

gauge sticks on a 5-gallon basis necessarily involves some extra

work, but the presence of a properly calibrated gauge stick, together

with the certificate showing the composition of the original load and

the delivery slips, furnishes a ready means of checking upon the

street the load at any time and furnishes a complete check upon the

accuracy of the final inspection, which is exceedingly desirable when

you consider that the result of the inspection is to be accepted as

final and used as the basis for measurement throughout the life of

the tank.

We have had prepared blue prints of the instrument used in determining the various water levels for the calibration of the gauge

sticks, and I will be glad to send a copy to anyone interested.

DISCTJSSIOKr OF ABOVE PAPEB

Mr. Payne. I would like to ask if you ever compute the capacity

of those tanks by weight of the contents ? Mr. Austin. No, sir; I have never undertaken to calibrate them

by weight.

Mr. Buchanan. Do I understand that you compute the capacity

of the pipe lines in your measurement ? Mr. Austin. Yes, sir; it has been our practice to include the volume of water contained in all the pipe lines leading from the tank.

We did, however, when we first started this work, in the case of some

tanks that were equipped with safety valves or emergency valves,

measure the tanks excluding the capacity of the pipe; but we eventually gauged those tanks including the pipe lines, because we found

that the emergency valves were almost invariably disregarded by

the companies in the transportation and delivery of their petroleum

products. They merely make use of the emergency valves in case of

an emergency, such as an accident involving the knocking off of one

of the clelivery faucets, to prevent the flowing of the whole capacity

of the tank upon the streets. When we calibrated them by the first

method, it resulted in our finding tanks on the street with the level

of the liquid below the proper filling point due to the filling of them

with the valves closed, after which they were immediately tripped,

allowing the pipes to fill up and the level of the liquid in the tank

to drop.

Mr. Buchanan. In the certificate which you issue, is the name

of the manufacturer of the tank included?

Mr. Austin. No, sir; the only thing we are interested in is the

securing of some permanent idpntificntion of the tank, and all we

require in addition to the volume in gallons and the designating

mark is the name or trade-mark of the company using it. Mr. Maroney. Are these measuring sticks used to sell hv?

Mr. Austin. Our ordinance sprrifically states that in partial compartment sales buckets or nieasuies tested and approved by the sealer

must be used. It was the intention to proliibit the use of thp gauge
98 BUREAU OF STANDARDS

sticks for this purpose, but we do know they are so used in many

instances, and we have never undertaken to stop that practice or to

prosecute anyone for so using them. This is because we feel that the

stick is a measure in a sense, and since we have used such care in

calibrating them we feel that they are just as accurate a measure- ment as we could get.

Mr. Mathews. I would like to say we have had some experience

in the gauging of tank trucks. We find that all filling at the sta- tions is done with the truck standing on a level surface, so in calibrating the vehicle tanks of the various oil companies we do it on the

level. Some of them want us to jack up the front end to drain the

pipes during the test. Of course, we are not willing to do this, be- cause they do not do that in filhng the dealer's underground tank.

In making a delivery the truck is ordinarily level, and consequently

they would not emptj^ all of the fuel oil or " gas " which a tank is supposed to deliver if in the calibration one end of the tank had been

raised. The pipes may hold several gallons that will not drain out

on a level. After calibration we mark on the tank the capacity load

of each compartment, so that if a dealer buys a solid load he can

be advised what each compartment holds.

Mr. Austin. I might say in connection with that that we have

had one or two requests to regauge tanks owing to the fact that the

companies claimed they were unable to get an entire emptying of the

tanks. We gauge with the truck standing on the level. They

claimed that their customers were wise enough to insist upon their

jacking up the front end of the truck or driving on an incline,

whereby they would get a complete drainage of the tank, and as a

result they were losing whatever volume of gasoline they were able

to get out in that manner. They requ-ested the retesting of the tanks

using that process. My reply was that I would defer reinspection

until they had rebuilt the tanks so as to permit proper draining on

a level surface.

The Acting Chairman. Are these tanks used in the dispensing of

gasoline to parties who have underground tanks ? Mr. Austin. Yes, sir; they are used by the oil companies in furnishing their own stations and likewise all the filling stations that

are within the city.

The Acting Chairman. In furnishing their own stations, why

should they want to know the capacity of the tanks ? Mr. Austin. They want to keep as close a clieck on their gas sta- tions as possible, and it is necessary to do this if they want to remain

in business veiy long.

Mr. SiiUEN. Mr. Chairman, most of the tanks are either cylindrical or oval. Would it not be possible in putting the stick down to put

it in a sloping position, so that there would appear to be a greater

depth of gasoline in the tank than is actually the case?

Mr. Austin. We anticipate that the average inspector detailed to

the work of inspecting these tanks will ascertain where he can get a permanent and a satisfactory position for the stick and mark this

position on the openings.

Mr. Siren. If you let the stick remain too long m the tank, the

gasoline will " creep " up the stick.
SEVEN-rEElirTH CONFERENCE ON WEIGHTS AND MEASURES 99

The Acting Chairman. I would like to ask you about what the

accuracy is. Suppose you have a. stick that is accurately graduated,

and several individuals make the same measurements; how nearly

would they be alike?

Mr. Austin. At the full capacity you would not be more than

one-half gallon in error, but at an intermediate point, such as at

the center of the load where the cross section of the tank is largest, even one-sixteenth of an inch in measurement might result in 1

gallon difference from the actual measurements, and you might get

such an error. For instance, I have a gauge stick calibration record

here which shows that on this particular compartment, which liad

H total capacity of 202 gallons, 5 gallons was represented by a height

of one-half inch at the middle of the tank, while near the top 5

gallons made a difference of 1^^ inches in the liquid level.

Mr. Mathews. We find it is very difficult to estimate accurately

in the case of large tanks at the point of maximum cross section.

In some tanks, at the middle, one-quarter inch represents as much

as 5 gallons. The error on compartments of 200 to 300 gallons

capacity would not be more than 1 gallon.

The Acting Chairman. That is more nearly accurate than I

would have thought.

Mr. Kanzer. Have you had any experience with drivers who,

having withdrawn a certain number of gallons from the tank, delivered the balance for the full capacity ? Mr. Austin. Yes ; we have. It not infrequently happens that our

inspectors upon intercepting wagons on the street find a driver who

has his memorandum of sale for an entire load, but who still has a quantity of the load remaining in his tank. We are able to deal with

him. In one such instance a driver had a receipted bill for the

entire contents of his truck and had a full compartment left. It

transpired, when we took the matter up with the purchaser, that

the firm had a discrepancy in nieasurement of something like 10,000

gallons in the previous six months. Our method enables us to check

up such cases and assist the business people in securing an honest measure. Mr. Winchester. This discussion has brought out this fact, that

the errors mentioned are based on 1,000-gallon tanks. The average

compartment of a 1,000-gallon tank would hold about 300 gallons.

I think it would be well for us to take into consideration the number

of 1,000-gallon tanks in the country as compared with the number

of smaller tanks ranging from 270 to 650 gallons capacity. The

percentage is very small; therefore, the percentage of error in the

smaller tanks must be materially smaller than the percentage of

error stated in this case. Mr. Mathews. It has been said that the driver may sell off possibly 10 or 15 gallons and then sell the balance to another dealer as a full compartment. In this relation the purchaser must do his part.

These truck drivers are required to carry delivery sheets showing

every delivery. If the driver says he has a full compartment, the

purchaser can look in the compartment to see that it is full, and it is his duty and his privilege to do this. He should also ask to soe the sheet for the compartment, and this will show whether some has

been drawn off'. 6379°—24 8
100 BUREAU OF STANDAEDS

REPORT OF COMMITTEE ON SPECIPICATIOTTS AND TOLERANCES

ON SPSCIPICATIONS AND TOLERANCES FOR VEHICLE TANKS,

PRESENTED BY F. S. EOLBROOK, CHAIRMAN

Pursuant to the instructions of the conference, your committee on

specifications and. tolerances last year brought in a report on specifications and tolerances for vehicle tanks. On account of the press

of other business this report was not discussed in full.

In view of this your committee suggested that in order to get

the report formally before this body the specifications and tolerances

as proposed be tentative^ adopted by the conference with the understanding that they were then to be negotiated with the various

officials, with users of vehicle tanks, and with manufacturers of

vehicle tanks, and the whole code put into final form, if possible,

for presentation for final adoption by the present conference.

Shortly after the last conference adjourned these specifications and

tolerances were very widely circulated among the officials, users, and

manufacturers throughout the United States, and requests were

made for criticisms and suggested amendments. The committee

received a large number of replies in which the tentative specifications and tolerances were criticized, and a study of the criticisms

seemed to indicate that many of the objections were reasonable ones deserving careful consideration. In view of this your committee

requested, by letter, that the manufacturers and users of vehicle tanks

and officials come to the conference prepared to discuss these specifications and tolerances on the floor, and fully to present any criticisms or suggestions which they had to make to the tentative report.

It was suggested that the matter would doubtless be brought up by

the reading of last year's report, section by section, for comment.

Inasmuch as we anticipate, in view of our experience with this

matter, that a large number of criticisms will be made, and inasmuch

as we recognize the impossibility in the time available of making

satisfactory amendments and completing the code this year, the committee on specifications and tolerances will be prepared to propose a motion to the effect that the specifications and tolerances, together

with all criticisms of record, be referred back to the committee. It

is our expectation that during the coming year the conunittee will

be able to prepare a code which will be more favorably received by

the various parties in interest than the present tentative code has

been, for consideration at the next meeting.

Eespectfully submitted.

(Signed) F. S. Holbrook, Chairman.

Wm. F. Cltiett,

E. F. Barron,

C. M. FULKER,

Wm. B. McGradt,

Committee on SpecificatioTis and Tolerances.

CONSIDERATION OF TENTATIVE SPECIFICATIONS AND TOLERANCES FOR VEHICLE TANKS

Mr. HoLBROOK. We have here a number of copies of the tentative

code. Therefore, we can place a copy in the hands of each of you,

so that during the reading you can follow the text very closely. We

would suggest that after the reading of each section discussion be had
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 101

on that section. If that procedure is satisfactory to the conference,

it will be in order to distribute these specifications.

(Copies of the tentative specifications and tolerances were distributed.)

The Acting Chairman. The secretary will read these specifications section by section.

Mr. HoLBROOK. I hope, Mr. Chairman, that it is well understood

that the meeting is open not only to officials, but to users and manufacturers, guests of the conference, and anyone else who is interested

;

that they have the full privilege of the floor in this discussion.

[Reading:]

TENTATIVE SPECIFICATIONS AND TOLERANCES FOR VEHICLE TANKS (WHEN

USED AS measures)

[Adopted by the Sixteenth Annual Conference on Weights and Measures, May, 1923]

NOTES.^—The followiBg specifications and tolerances shall apply to vehicle

tanks and their accessory piping, valves, etc., in those cases in which the

tanks or the compartments thereof are used or to be used as measures to de- termine the amount of liquid delivered, and such use shall be permitted only

when these specifications and tolerances are complied with.

If a tank is damaged in any way (as from collision, etc.), or if repairs

which might in any way affect the accuracy of measurement are mad?, such

tank shall not again be used as a measure until inspected and, if deemed necessary, tested by the weights and measures official. In determining or checking the capacity of tanks, water is recommended

as a testing medium. Mineral oil should never be used, because the change

in volume due to temperature variations is large, and evaporation of the oil during the test may result in very serious inaccuracies in the calibration.

It seems inadvisable for the committee to defend these specifications, at least to the extent of starting a long argument, because we

will not progress so rapidly in that way, and the object of this discussion is to bring out objections to them. Of course, the committee

is prepared to state what they have in mind in reference to the

specifications whenever such a request is made.

The Acting Chairman. You have heard the reading of the

"Notes." Is there any objection or any suggestion? If not, we will

proceed.

Mr. IToLBROOK (reading) : Definition.— vehicle tank, hereinafter referred to as a " tank," shall,

for the purpose of tliese specifications and tolerances, mean a container, which

may or may not be subdivided into two or more compartments, mounted upon

a wagon or automobile truck and used for the delivery of liquids. The term

" compartment " shall mean the entire tank whenever the tank is not subdivided ; otherwise it shall mean any one of those subdivided portions of the

tank which is designed to hold liquid.

Specifications.—1. All tanks and all indicators, piping, valves, etc., attached

thereto and used in connection therewith, shall be of such design, construction,

and material that they may reasonably be expected to withstand ordinary

usage without impairment of the accuracy of measurement.

2. An indicator shall be provided which shall be centrally located with

respect to the longitudinal axis of the compartment. The lowest part of this

indicator shall clearly and distinctly define the height to which tfie compartment must be filled in order to contain its marked capacity. If this indicator

is adjustable, it shall be so constructed that it can be sealed in such a manner

that its position can not be changed without destroying the seal. The Acting Chairman. You have heard those items. Are there

any suggestions or objections or any questions you care to ask the

committee ?
102 BUREAU OF STANDARDS

Mr. EsTES. Mr. Chairman, are these specifications retroactive in

their effect ? Mr. HoLBROOK. Not as a rule. In the final report which the committee will make it will be recommended that certain specifications—certainly those designed to prevent the perpetration of

fraud—be made retroactive. As a rule specifications will not apply

to those tanks which are already in use. Mr. Maroney. Would the filler opening have to be in the center

of each compartment?

Mr. HoLBROOK. It is suggested that the indicator shall be centrally located with respect to the longitudinal axis of the compartment, and this would require the filler opening at some part of its

diameter to be in the center. This is for the reason that accuracy can be more nearly obtained by this arrangement when the tank

is not in level. Any type of indicator may be used which is strong

enough to withstand ordinary damage and which is definite enough

to establish a definite filling point.

Mr. Mathews. I feel that the first thread in the dome is probably as accurate an indicator as can be obtained in any tank wagon,

and I have seen many tanks calibrated. I think a better opportunity is afforded for checking the amount of liquid in the tank

by employing this method than by employing an indicator, since I

feel that under certain conditions there would be the possibility of

the indicator being damaged on account of the position in which it must necessarily be attached.

Mr. Austin. Mr. President, I might say that many of our re- gaugings have been made necessary by the fact that in our first

inspections the tanks were filled to the bottom of the dome. In

a large number of cases we have found that where the domes were

small—6 or 8 inch collars 2 or 3 inches high, for instance—there

was not sufficient space for expansion, which caused the tanks when

propei'ly filled to overflow their contents along the street. To have

such a condition exist is very objectionable from a safety standpoint and very objectionable from the merchants' standpoint. Some

companies having that class of tank have had the domes reconstructed and have extended the collar of the dome down far enough

into the shell of the tank to allow sufficient room for expansion.

Then we regauged those tanks, measuring to the bottom of this

dome-collar extension. Technically that does not comply with our

ordinance because the tank is supposed to be shell full, but in those

instances where we found the size of the dome to be insufficient to

take care of expansion Ave have permitted the reconstructed collar

to provide room for expansion. IJnless the tank has a lajge enough

dome it would seem that some definite indication mark should be

provided.

Mr. Winchester. Mr. Chairman, in a city like Detroit the oil

manufacturers have changed the construction of their tanks so as to

allow for the expansion, and in the city of Detroit we have very

close supervision over the deliveries that are made. When a driver

pulls up to a filler tank, he gets the correct amount in his tank be- cause we have a man to check the filling. It is to be regretted that

in all the smaller stations the filling can not be checked in the same

way, but there are places where the seller and the buyer are entirely
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 103

dependent upon the man who fills the tank. Therefore, if he is supposed to fill to a gauge which is located down into the tank there is

also the possibility that he will fill over that point. A practice

which I have found to take care of expansion is to have the man who

fills the tank fill to the prescribed j)oint in the dome cover; after he

has done that, in order to take care of the expansion, he will draw

some off in a bucket and carry that along with his tank. "Wlien he

goes to make the delivery, in order to satisfy the buyer and give him

full measure, he pours it out of the bucket back into the compartment and the buyer is certain he has a full compartment.

The Acting Chairman. If the buyer does not check the capacity

of the tank, does it sometimes happen that the amount in the measure

is overlooked?

Mr. Winchester. The same thing would take place if you had a gauge in the tank. If the buyer does not check whether it is up to

that gauge, he will get stuck on the method which we are advocating

here. It is largely a matter of educating the buyer to observe what

he is purchasing. There is no reason why, if we put a gauge in the

tank and he fills to the gauge, the driver can not draw from it and

the buyer get cheated. Probably this is more likely to be the case than if the method of filling to the thread in the dome cover is followed. By the method of filling to the gauge in the tank there is the possibility of cheating the seller by the driver. The method we

have pursued protects the selling company. It is up to you to educate the customer to look at the contents which he is getting in the

tank, and the public is very careless in that matter.

Mr. HoLBROOK. My thought is that the separation of a small

quantity from the larger quantity in every case might suggest to the

driver that the smaller quantity could be readily " gotten away with,"

to use a slang expression.

Mr. Winchester. Just look at it from another angle. When we

put in an indicator the driver draws from the tank on a warm day

to prevent overflowing. He goes to the customer and he finds that

an expansion has taken place. The customer and he look at the

gauge. He will not give the customer any more gasoline than to the

indicator point ; he will keep the difference for himself.

Mr. HoLBROOK. In these deliveries it has never been found practicable to allow for temperature variations, and the only requirement has been that full gallonage be delivered at the temperature at

the time of delivery. It has been stated that sometimes the gas ex- pands over the indicator. What is done in the winter time when

the temperature falls and the gas drops below the indicator ? There

is no additional supply in that case which can be put in to fill the

compartment up to the indicator.

Mr. Winchester. It is seldom that a tank goes out and makes

full-compartment deliveries of all the compartments on the tank.

If we were delivering gasoline to you, and due to the temperature

the gas falls below the indicator, we would break one of the compartments and fill to the indicator and give you full measure. Mr. HoLBROOK. Would the driver be compensated for that shrinkage that takes place?

Mr. Winchester. That is a matter for adjustment between the

company and the driver himself.
104 BUREAU OF gTANDARDS

Mr. HoLBROOK. Do you know anything of the practice? I am

merely trying to develop these points which come up.

Mr. Winchester. I can not see where that particular thing enters into this discussion.

The Acting Chairman. I did not think the expansion or contraction would be a very large amount.

Mr. Farnum. In my 36 years of experience—I come from New

Jersey—we fill to the bottom thread of the dome as has been suggested. We have a rule, suggested by Mr. Austin, of Detroit, that

no fractional part of a compartment may be hosed off. A driver

is subject to dismissal if he does so. We do that to protect the

buyer. We try, through publicity, to get the buyer to see that each

compartment is full. The slight variation which might be made in

the volume due to temperature is so slight as to be hardly worthy

of notice. In extreme cases on an especially wai-m day, as the inspector states and as Mr. Winchester suggests, the driver will draw

off a sufficient amount of the product into a can to prevent overflow,

but we instruct the buyer to see that the compartments are full. I

find in most instances that when the station operator is busy he

makes the driver " flash " the compartment—an expression which

they use. He will take his hand, put it in the dome cover and

" flash it." He wants to know if the compartment is full. It has to

be full. If it is not, some allowance must be made for it. He will

not accept anything unless it is full. If you legislate against the

carelessness of the buyer by requiring indicators it will work very

harmfully against the distributor and the buyer. If the man buying the goods is not sufficiently interested to see that he gets what

he pays for, I do not see what can be done. Our practice in the fill- ing and gauging of motor vehicles has been the same as outlined

by the inspector from Detroit. We have tables of contents similar

to those in Detroit, which are kept in the office. Harry Foley,

superintendent of weights and measures for the State of New Jersey,

is here and can confirm that our compartments are all marked and

indicated, and we have never had a request for the remeasurement

of one of our compartments. The buyer can see what he gets, and

the fact that we have never had a request for a remeasurement is due

to the fact that we insist that a man must receive a full compartment. If a compartment is only partly full, it must be bucketed off. That is the only safeguard to protect the buyer.

Mr. Schwartz. We have not gone very deeply, as yet, into this

subject, because requests have not come in, and we have practically

taken the measurements as given by the various delivering companies.

Mr. Austin. Mr. Chairman, I just want to add that a very large

proportion of the deliveries are made by full tank wagons or full

comiDartments instead of partially filled compartments. I think it would be a wise thing to have a provision incorporated in our specifications requiring that sufficient dome space should be built upon

every tank wagon to take care of the expansion and let them fill to

the bottom of the thread. That would be the most feasible—to

compel them to put a dome of sufficient capacity to take care of

such expansion.

Mr. HoLBROOK. It has been my observation that the domes are getting smaller year after year. Of course, these specifications do
SEVENTEENTH CONEEPuENCE ON WEIGHTS AND MEASUBES 105

not contemplate that a tank shall necessarily be calibrated "skin

full." An expansion place may be provided other than a dome.

Mr. Mahn. In regard to the expansion and contraction of gasoline, is it not a fact that the wholesaler buys it at a certain standard

temperature? Would it not be possible to do the same thing in the

case of the tank wagon ? Mr. EsTES. Mr. Chairman, I would like to ask Mr. Holbrook if

he thinks it is within the bounds of possibility and practicable to

correct for contraction and expansion of the contents of vehicle

tanks by reducing to a standard temperature. This is the method

used in sales from the refineries to the wholesalers. Why should it stop with tank-car shipments? Why not continue it down through

vehicle tank deliveries ? Mr. Holbrook. I would like to get the oil men's viewpoint. I

have never made up my mind whether it is practical. It is admittedly difficult.

The Acting Chairman. It is not at all without the bounds of

possibility to do it, but we would still have to have the dome indicator.

Mr. Shoemaker. Mr. Chairman, in regard to the question just

raised about the sale of gasoline on a standard temperature basis,

1 do not know of anything that would be more disturbing to the

industry and more confusing to both the buyer and the seller, even

not considering the item of expense to the seller and the tremendous

amount of bookkeeping and invoicing. And really is there any practical need for it?

The next point in the specification is that requiring an expansion

space of not less than 2 per cent of the nominal capacity of the

compartment. I assume your committee has been guided by the

present legislation on tank cars in arriving at a figure of 2 per

cent for expansion in vehicle tanks.

JNow, gentlemen, two years ago the Interstate Commerce Commission told Colonel Dunn, of the Bureau of Explosives, that they felt

that tank cars should have more than 2 per cent expansion space

on account of the unknown variations in temperature and the conse- quent changes in volume. The Bureau of Explosives in their 1923

issue of freight tariffs promulgated an outage table on tank cars, in which they recommended outages up to as high as 6 to 8 per

cent, which sometimes required the shippers of tank cars to allow

an outage in the shell of as much as 10 inches.

The oil committee of the American Petroleum Institute provided

group committees throughout the country, and with the expenditure

of about $15,000 the institute prepared a very comprehensive report

that showed that even in carloads of gasoline the temperature in- crease was seldom, if ever, 20°, even when the trains were in transit

two or three weeks. Representatives of the Bureau of Mines rode

those trains and took thermometer readings. That was very conclusive evidence that even in tank-car shipments this contraction and

expansion is not so serious as it seems. At the hearings before the Interstate Commerce Commission

Colonel Dunn and the commission agreed; and Commissioner Richardson ruled that it was not entirely necessary to have more than

2 per cent outage on any car, and this rule stands to-day. That

means, gentlemen, that you can ship a carload or a trainload of
106 BUREAU OP STANDARDS

gasoline from a point like Whiting, IncL, to New Orleans, and you

would not have to leave more than the dome outage. That report

is a matter of record. Now, if the contraction and expansion is not such a vital thing, then, gentlemen, should we not go very slow

when we talk about expansion space in vehicle tanks when the load

is on the road only three or four hours and where the compartment

is often emptied in 30 minutes? As one of the previous speakers

brought out, we are laying too much stress on this increase and

decrease in volume because we certainly can not compare a vehicle

tank in any sense with a tank car. The Interstate Commerce Commission has agreed with the findings of the Bureau of Mines, and

we should not attempt to apply anything like that to vehicle tanks.

The experience of many years in the industry has proven that when

tank wagons are loaded to the bottom thread in the dome it is entirely adequate. It is an exception rather than the rule that a cer- tain amount is drawn off. Take to-day, a truck starts off and in four

or five hours it comes back. There is nothing likely to happen

in that time.

Mr. HoLBROOK. Are you advised as to what that report contains

in the way of a formula or a method for determining an average

tem]3erature applicable to vehicle tanks? I know that the ascer- taining of an average temperature of the whole volume of gasoline

in a vehicle tank is attended with a good deal of difficulty.

Mr. Shoemaker. We had an inspector from the Bureau of Mines,

at Bartlesville, with assistants, ride the cars for five or six days, and

they took hourly temperature observations so that the expansion and

contraction could be computed. The investigation was purely on

tank cars. Mr. HoLEROOK. I was asking for information as to whether that

report to which you refer gave the method of arriving at average

temperatures.

Mr. Shoemaker. The temperature was computed in this manner

The United States Weather Bureau was consulted as to the temperatures in the various parts of the country. For example, if you

were going to make a shipment from some mid-continent field to the

seaboard, the average temperature would be worked out, and since

we knew the time and route of the shipment we were able to work

out the practical and theoretical expansion and contraction. Another consideration is that we found by actual observation that when

gasoline was loaded into a tank car and a certain number of inches

were left out in the shell the greater surface of the liquid was ac- tually conducive to greater evaporation. This has been verified by

several independent oil companies who investigated it. In gas tanks

and everything of that nature every one-tenth of 1 per cent loss

which is avoidable is a mighty big thing.

Mr. ICanzer. I would like to make the point that you require

indicators but do not require that they be uniformly placed.

Mr. HoLBROOK. The provision with respect to the placing of the

indicator is that it shall be in the center of the longitudinal axis

and it shall be so positioned that there is a certain expansion space

above it. Mr. Kanzer. I do not see why we can not have uniformity in this

matter.
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 107

Mr. HoLBROOK. The positioning of the indicator must be considered in connection with, the capacity of the domes. The dome ca- pacity would have a great deal to do with it. Mr. Kanzek. I would like to have it uniform throughout the

country.

Mr. HoLBROOK. If the indicator is definite, as I see it, uniformity

would mean nothing, because the various tank wagons are constructed in different ways and it might be necessary^ to have the

indicators in different positions. Each indicator must be so placed

that accuracy is obtained. [Reading :]

3. The indicator shall be so positioned that when a compartment is filled to the indicator there will remain an expansion space of not less than 2

per cent of the nominal capacity of the compartment.

It seems that this has been discussed in connection with the previ- ous specifications. [Reading :]

4. The filler opening of each compartment shall be so positioned as to allow an indicator in this opening to be located as provided in specification No. 2. The filler opening shall be of such a size as readily to permit of

visual inspection of the bottom of the compartment.

Mr. WiNCHESTE'E. What is the point? When full or empty?

Mr. HoLBROOK. To ascertain whether the compartment has been

properly emptied. If the tank is on an angle, it may be a matter of

doubt whether or not the tank will drain in that position. If the

bottom of the compartment can be inspected, it can be determined

as a matter of actual fact whether it has been drained. [Reading :]

5. Each compartment shall be provided with suitable venting means to pre- vent the formation of air pocliets by permitting the escape of air from all parts of the compartment designed to be filled with liquid and to permit the

influx of air to the compartment during the process of delivery.

Mr. Winchester. At the present time it is the practice, I think,

of all tank makers to put one vent in the center of the handhole

cover, and it seems to me that it would be a good idea to draw

regulations to make a provision for that one only. There is a possibility that in some localities the seller might want two or three

in the top of the tank. It is very difficult to get those vents tight

under some conditions. You sometimes see a truck going over a heavy bump and the gas coming up through the vent, providing it is not functioning properly. In case you are selling the tank full,

you might run into difficulties which we do not have at the present

time.

Mr. EsTES. We can not say that only one vent is necessary. It has

been my experience that where yovi have the collar, svich as Captain

Austin extends down into the gasoline, there may be air pockets

formed which may prevent proper calibration. The quantity of gas

that can be put into a compartment will vary.

Mr. Winchester. The point has been brought out by some of the

others that tanks are more accurately loaded when the tank is setting

level, which should be considered.

The Acting Chairsian. If the tank were to be filled when not

level, the liquid would seal off at the edge of the manhole and leave

a large pocket of air in the tank, which is normally supposed to be

filled with gasoline if full measure is given.
108 BUREAU OF STANDARDS

Mr. HoLBRooK. The venting of the ends of the tank would not

necessarily mean extra vents through the shell of the tank. These

vents can communicate with the dome space, and then it seems that

one outside vent could take care of everything.

(At this point Mr. McGrady, first vice president, resumed the

chair.)

PKESENTATIOW OF S.ESOLUTIONS AND MEDALLION TO DR.

SAMUEL WESLEY STRATTON, HOUOBAEY PRESIDENT OF

THE CONFERENCE

Mr. McGrady. Ladies and gentlemen, at this point I wish to call

your attention to a number on our program to which no doubt you

have been looking forward—" Presentation of resolutions and medallion to Dr. S. W. Stratton, honorary president of the conference."

This medallion and the resolutions have been subscribed by the inspectors of weights and measures and representatives of manufacturers of weighing and measuring devices throughout the United

States. I will call on Joseph J. Holwell, representing the weights

and measures officials of the United States, to make the presentation.

REMARKS OF JOSEPH J. HOLWELL, REPRESENTING THE WEIGHTS AND

MEASURES OEFICIALS

It is an honor and a privilege to have been selected as the spokesman of the weights and measures officials of the United States, meeting here in Washington in annual conference, to voice their appreciation and gratitude to Dr. Samuel Wesley Stratton for the splendid

service which he performed while head of the national Bureau of

Standards to advance the cause of weights and measures in this

country.

I do not know of any group of public offi-cials who have done more

to promote a higher standard of ethics in the business life of America than have the weights and measures officials of this country. They

have been the pioneers in our States, in our cities, in our towns, in our villages, and in the sparsely settled sections of this country for

the square deal in all transactions between the buyer and seller.

They have labored indefatigably in the cause of promoting the introduction and the use of honest and accurate weighing and measuring devices in all merchandising. They have fought the fight; they

have been the vanguard; and in their fight for honest weights and

measures they have contributed immeasurably toward the highest

standard of citizenship in the United States. They have invariably

been men of character, possessing courage, honesty, integrity, and a love for their work. Many of these pioneers have passed "home,"

Doctor Stratton, but the labor and the sacrifices which they made in

life have not been in vain, for to-day there is a higher standard in

the business and commercial life of the Nation, and, as I have said,

these weights and measures officials have contributed their part in

elevating the standards of business ethics.

Doctor Stratton, there is a joy which comes to one who has performed splendid services to mankind. We weights and measures

officials realize that working individually we would have accomplished little, but fortunately for us we had you as a leader and
SEVEN-TEENTH CONFERENCE ON WEIGHTS AND MEASURES 109

guide, and under your direction we have advanced far during the

past quarter of a century. You brought to Washington each year

the man from the East and the man from the West, the man from

the North and the man from the South, to discuss together their

problems and troubles, and you helped them work out a proper solution of their difficulties.

So, Doctor Stratton, when the Massachusetts Institute of Technology called you to its presidency in January of last year we were

all gratified at this recognition of one who did so much to promote

a higher standard in both science and industry; and in order to

voice our joy we spread on the minutes of last year's conference

resolutions embodying your life work and our appreciation of the

service which you performed for us. We now have had these resolutions drawn up in a permanent form, so that you may always have

at hand the evidence that you have loyal friends, both in the weights

and measures officials of the United States and in the representatives

of the manufacturers engaged in producing weighing and measuring

devices. But, Doctor Stratton, we realize that no matter how fine

the quality of materials used in the embodying of these resolutions,

in the passage of time the paper will decay and the ink fade away

;

so in order that you might have a lasting memorial of these times,

in order that those who may come after you may loiow of the work

that you performed while head of the national Bureau of Standards,

and of our deep appreciation of it, we have had a medallion struck

oS in solid gold which you may care to put by in a safe place, and

we have also had a replica of this medallion struck off so that if

you please you may have it near at hand, to remind you at all times

that the weights and measures officials of the United States feel that

they had in you a real guide.

I regret very much. Doctor Stratton, that we have not with us D. J. Moynihan, who was one of those associated with me last year

in the preparation of these resolutions and who was selected to represent the manufacturers of weights and measures here to-day. He

writes to me as follows, and asks that this be read

:

May 23, 1924.

Mr. Joseph ,J. Holwell,

c/o Conference of Weights and Measures, Bureau of Standards,

Washington, D. C. Dear Joe : Why should the spirit of mortal be proud?

I was very proud of the fact that I was to join in the tribute to Doctor

Stratton and to share with you the great privilege of addressing, in my humble

way, the sincere feeling of appreciation which I feel for Doctor Stratton as a man and of his wonderful service to the important work of weights and

measures, to the manufacturers, to the public, and to the broad field of education. The gods have decreed otherwise. Illness on the part of two of our executive officers makes it necessary for me to remain at Dayton at this time. I wish for you and all in attendance a most pleasant, helpful, and fruitful convention. I ask that you kindly convey to Doctor Stratton for me my most

profound respect and all good wishes for his continued good health, happiness,

and prosperity.

With kindest personal regards, believe me.

Sincerely yours, (Signed) D. J. Moynihan,

Vice President.

I wish to express in my own name, and I feel that all those who are gathered here this morning also wish me to express to you in their
110 BUREAU OF STANDARDS

names, the hope, Doctor Stratton, that you may enjoy splendid health

for many years to come, and that you may carry with you into your

new field of endeavor the love, loyalty, and esteem manifested by

my associates gathered in this auditorium this morning.

(Mr. Hoiwell presented the medallion and resolutions to Doctor

Stratton.)

(The audience rose to show its respect and esteem for Doctor

Stratton.)

REMARKS OF DR. S. W. STRATTON, HONORART PRESIDENT OF THE CONFERENCE

Gentlemen : It is always difficult, and generally impossible, to say

the right thing on an occasion of this kind.

I have worked with many committees, here and elsewhere, and

have been interested in a great many movements. I think in none

have I been more interested or worked harder than in this one. It has been a great pleasure to work with you. Many of you,

coming from the serious and practical walks of life, have raised

questions that were difficult to solve, but in every case you have come

around to the common-sense, practical solution of the question. I

do not forget, in accepting this testimonial, that I owe a great deal

to my associates in the bureau for the success of this work; and

that in this splendid presentation and gift you are not only honoring

me but you are also honoring the memory of Mr. Fischer, who has

gone from among us, and the associates of the weights and. measures

division. I have always had loyal support. I have been keenly

interested in their work, and I feel it is in many ways the most important branch of the bureau's work, especially so in connection

with the public interest.

I appreciate well what your spokesman has said in regard to your

position with the public. No class of men comes more closely into

contact with the dealings of men one with another ; no class of men

can do more to promote good understanding than you; and this is one of the reasons that I have so enjoyed working with you.

I thank you from the bottom of my heart for this testimonial and

the resolutions which accompany it. I shall meet with you from time to time and will endeavor to be

with you as long as it is possible. If you are coming our way at

any time, I shall be glad to see you, and as I go throughout the

country I shall take every opportunity to see you. I thank you.

(Thereupon, at 12.30 o'clock p. m., the conference took a recess

until 2 o'clock p. m.)
SIXTH SESSION (AFTERNOON OF WEDNESDAY, MAY 28,

1924)

The conference reassembled at 2.15 o'clock p. m., William B.

McGrady, first vice president, in the chair.

The Acting Chairman. The first number on the program will

be an address by Mr. William Smedley, secretary of the Eetail Merchants' Association of Pennsylvania, who will speak on the subject

"The retail merchant." I am glad to tell you that Mr. Smedley

made an address before the Pennsylvania State Weights and Measures Association two years ago, and it was very pleasing, and I know

if you give your attention you will be pleased with his remarks.

THE RETAIL MERCHANT

By WrLLiAM Smedley, Secretary, Retail Merchants' Association of Pennsylvania

Mr. Chairman and ladies and gentleman: I am very glad to be

here, although I am wondering why I am here. I am not the

sealer of weights and measures, but the other fellow. I represent

the retail merchants. I had the pleasure of appearing before the

Pennsylvania officials some time ago, and Mr. McGrady got me into

it, and now he has me in this. I feel a good deal like a fellow who

stopped a pedestrian in New York and wanted to know if he could

direct him to the Pennsylvania Hotel. The man was a great stutterer, and it took a long time for him to get it out, and finally

he said, " Out of all the men in New York, why did you pick on me ? " I am sort of worried about this job of mine to-day, but I have

learned one thing in life, and that is that the things I worry about

do not happen and the things that I do not worry about do happen.

I am veiy much interested in your work, because I represent a

class of men who come officially in contact with you. My position

is secretary of the Retail Merchants' Association of Pennsylvania,

and we are very much interested in the enforcing of the law. I

want to say that the 10,000 men we have under our banners are law-abiding citizens and want to do business on the square. We

consider that honesty in weights and measures is a matter that is

very important, and anything that helps honest weights and measures always secures our commendation. Our friend, Mr. McGrady,

knows he has no better supporters in the State than our organization.

You know, people have a way of going to the intelligent merchant for their merchandise, and I am not one of those fellows who

believes price is everything in the world. I believe in service. It

is our opportunity. We do not estimate the value of service at

half enough. If I were to cut an apple, you could not tell me how

many apples are represented by one of the seeds. But I plant that

seed and it germinates, grows, blossoms, and bears fruit, and tliat

is the reward of service. I believe you gentlemen all over tlie country have a wonderful opportunity to render service—I Avill

111
112 BUREAU OF STANDARDS

not say you have a responsibility, because it is not my job to tell

you that. Wlien we have an opportunity to render service, then

it seems to me we have a wonderful asset in the prosecution of our work.

Now, I do not believe in the fear of the law. You men naturally

are looked upon with some awe by some people. I think every

merchant should look upon you as "his friends. Tliey say the fear

of the law is the best policeman. That may be true, but I think

the best thing to do is to obej^ the law and know you are right

because it is right ; and that course is always in the interest of good

business. Business honesty is one of the fundamental principles

of organization. I am afraid you gentlemen may think I intend

making an organization talk and organizing you into a grocerymen's

association, but I have no such plan. You linow they say the reason marriage has so many casualties is because so many ignorant people

go into it. I think it is a good deal the same with our retail grocers.

Again, I do not believe a man should obey the law only because

he thinks it is right to do so ; he ought to obey it because observance

of the law is a great big asset to him in his business. And he is

bound to see this, gentlemen, with you as his partners. Do the

people believe in better standards of honesty ? I believe 90 per cent

of the merchants of this country believe in the square deal, and I

want all of them to be square in their dealing. I tell the merchants

that the dishonest man has no place in business; there is only one

place for him, and that is in jail; and if violators were put in jail

rather than fined there would soon be very few dishonest merchants.

I was in Europe some time ago, in a little country town, and I

was very much amazed at the procession of men going into the

police station. They all seemed to haA^e bundles, and I inquired

what they were doing. I was told that once a year all the merchants had to bring their yard sticks and scales to the police sta- tion to have them sealed, and if they had tampered with them

they were put in jail. I wonder what would happen if we told all

of the Pennsylvania merchants to go to Mr. McGrady's office at

one time. I think I could get a job to help him.

I was in the grocerj^ business in Philadelphia years ago ; all kinds

of tricks were resorted to in those da^^s. I have seen them take

staves out of a half-peck measure and join it up again, and practice

other tricks to give short weight and short measure—you know

what they are. We did not have weights and measures inspection

then that meant anything. Once in a while an officer would come

around with a wagon and we were told to fix up the scales, but in a short while we would be going on with the same old tricks. That

is all changed now, and you gentlemen are responsible, and what

you have accomplished is in the interest of the public. Do not

understand that I myself was doing this sort of thing. I am telling

you what the other fellow did. To cheat then was thought to be

smart, I suppose, but a man who willfully uses a false scale should

be punished. The honest retail merchant is handicapped by the

man who cheats, and the honorable retailer pays a heavy toll. If

we could add together all the amounts that we pay out annually

as a result of dishonesty and ignorance in merchandizing, we would

have enough to pay a substantial part of the national debt.
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 113

The reputable merchant stands for absolute honesty in weight

and in advertising statements. There is just as much dishonesty

in an advertising statement which is untrue as there is in short

weight or measure. We are trying to put truth in advertising, be- cause that is as important as truth in regard to measure. We are trying to be honest in price. You haven't anything to do with that,

but we have a great deal to do with it, and we are trying to teach

people to be honest in their prices and in their method of conducting business. I believe that the average retail merchant stands

foursquare, and he looks on you not only as an enforcer of law but

as his great friend; and it is along that line that I want to talk to

you about the friendly relations that you have with the retailer.

You know, getting back to this question of quality, we are all prone

to look at the dark side of things, I make a good many talks, and

sometimes I like to do things to attract attention. On one occasion

in a small town I held up before my audience a piece of white paper

with an ink blot on it. I asked the gentlemen assembled what they

saw. They said "a black spot." I said "What is around it?"

" White." That is the story. There is a little darkness everywhere,

but there is a whole lot of good around it. There is good in your

business and good in mine.

A little boy in his chamber saw the light reflected from the windows of a neighbor's house and he called it " the house of the golden

windows." His mother promised him she would take him over there

some time. When she did, behold! the sun had shifted and the

golden windows were in his own house. And so it is in life. We

are so apt to think the golden windows are in ©ne place alone when

they are all about us. It all depends upon the point of view.

The retail merchant has many problems; he will tell you he has a thousand. But the biggest problem the merchant has is to make

money and make it honestly. The man who does not make much money

in this world is not of- very much use to his community ; this is for

the reason that to succeed our neighbors also must succeed, as every

loss or gain is shared by all alike, and therefore Ave should help to

make money. You have stores that are selling goods below what

they are paying for them; they might profit somebody, but they

will be a loss to the community, and the man who suffers most is the

intelligent, hard-woi-king merchant who is trying to make a living

honestly.

I tell the merchants they must keep down their overhead; that if

the overhead increases they will soon meet the law of diminishing

returns and then the more they do the less they will get. I recently

bought a ham sandwich—you know the kind—and I said " George,

do you slice your ham with a Gillette razor blade?" and George said, " No; we photograph the slice of ham and reproduce it on the bread."

You are not particularly interested in the problems of the retailer;

you have your own problems to solve. But the cooperation between

you and the merchant is impoi^tant. You have no responsibility,

but you have a rare opportunity to help the merchant if the men

representing your organization throughout the country have the

right viewpoint. You have a ivonderful opportunity, because they

are looking up to you, and it is so easy when a man likes you to give

him advice. We are here for cooperation—the exchange of ideas
114 BUEBAU OF STANDARDS

and cooperation. If I give you a dollar and you give me a dollar,

neither will have more than a dollar as a result of the swap ; but if

I have an idea and you have an idea and we swap, then each of us will have two ideas. So it is if you will cooperate and work to- gether.

The basis of your cooperation is your friendliness, and then you

also have tact fulness. If we all could be tactful ! Tact is a wonderful thing. Tact is the art of living with men, and it is your job and

mine to live with men. We can all be helpful in this world.

Just passing through this wonderful springtime, I think of the

legend wherein Spring is pictured as a fair maiden. They say she

comes to the earth—brown, bare—and as she passes it is covered

with green ; she stretches out her hands and touches the valleys and

they blossom and bear fruit ; she ascends the hills and they blossom

;

and then she passes to the heights, and wherever she goes flowers

bloom. All the way from earth to heaven she blesses. And if I can

convey just a little message to-day out of the philosophy of my life

it is that you embrace that wonderful opportunity which we men in

public business have of being just a little more helpful to tnose

around us. If I were to offer a suggestion, it would be that the merchants and

everybody should sell by weight. I believe in selling by weight. I

do not know whether I am running with you on this, but when we

buy and sell by weight then we will change things around and reduce

the high cost of living. We are paying a big premium by not sell- ing by weight.

Consider the merchants you are dealing with and cooperating with.

It is easier to lead them than force them. A pat on the head is

better than a kick. All the merchant wants is a square deal, a fair

start, and a clear field.

If I were to make another suggestion as to your helpfulness as you get around among the people, it would be to teach men to use

their talents. The one trouble with most men is that they do not

use their heads. You know the date of our death is when we cease

to originate, or create some new ideas, or to go ahead. We need

brains in my business, and you need them in your business.

Now, gentlemen, I am only going to talk another minute. I have

enjoyed being with you and am greatly interested in what you do.

You know I believe these organizations of ours are worth all they

cost. It costs something to bring you all here for this wonderful

exchange of ideas, but it certainly is worth it. My final thought and message to you gentlemen is friendliness

and helpfulness; and if we have an opportunity let us spread out our arms and help, and then you will make your departments a tremendously greater force for the things you stand for. I thank

you.

The Acting Chairman. You have all heard our good friend, Mr.

Smedley, and I think you are all of the same opinion that we were

over in Pennsylvania a couple of years ago—that he has given us

timely advice which, if followed, will make life more rosy. I would

like to say to Mr. Smedley that his idea in regard to " treading on

dangerous ground " regarding selling by weight is wrong, as the con- sensus of opinion of the sealers of weights and measures is that

everything should be sold by weight.
SEVENTEENTH CONFERENCE ON WEIGHTS AND* MEASURES 115

CONSIDERATION OP TENTATIVE SPECIFICATIONS AND TOLERANCES EOR VEHICLE TANKS—Continued

The Acting Chairman, We will now resume our consideration of

tentative sjjecifications and tolerances for vehicle tanks.

Mr. HoLBROOK. We have reached specification No. 6 [reading] :

6. Each tank, and all delivery piping attached thereto and used in con- nection therewith, shall be so designed and constructed and shall be so mounted

that, when the vehicle upon which they are mounted is standing in any position upon a surface making an angle of 5 per cent (approximately 3") with

the liorizontal, complete delivery may be made from any compartment through

the delivery faucets or valves, whether other compartments are full or empty.

If a compartment has more than one discharge outlet, connections from each

outlet shall be made to a single line of piping in all cases where either line of piping would otherwise be more than 24 inches long. If two delivery

faucets or valves are provided for one compartment, the line of piping shall be branched at such a point that the length of line from eitter faucet to the point where the line is branched shall not exceed 24 inches.

The Acting Chairman. Is there any discussion of specification

No. 6? [After a pause.] If not we will proceed with the next

specification.

Mr. HoLBRooK (reading) :

7. When emergency' valves, designed to close the discharge outlets from

compartments, are provided, the capacities of such compartments shall be

construed as excluding the capacity of the piping leading therefrom. Such

emergency valves shall be so controlled that they may be independently

opened ; however, the construction may be such that all these emergency

valves which may be open at any time may be closed simultaneously, either

by automatic or manual means. Mr. Winchester. Mr. Chairman, I rather feel that the specification calling for the exclusion of the capacity of the pipes is misleading, inasmuch as it is practically impossible to construct the

tank so that you can measure its capacity without including the

capacity of the pipes'. The capacity of the pipes should be included

in the capacity of the tank.

Mr. HoLBROOK (reading) :

8. Each compartment shall be plainly and conspicuously marked on at least one side thereof with its capacity to the nearest half-gallon, as follows:

" Capacity, gallons to bottom of indicator," and also with the date of

the most recent calibration. In addition, each compartment of a tank having

two or more compai'tments shall be plainly and conspicuously marked with a designating mark, such designating mark to be different for each com- partment of a particular tank. All delivery faucets or valves on such tanks

shall be plainly and conspicuously marked with designating characters corre- sponding to those of the compartments with which they are connected.

Mr. Winchester. In connection with the marking of the capacity

in gallons, every tank wagon, practically, used throughout the country has a certain advertising value, and in putting on the number of

words indicated in this specification it will occupy a certain space

which can be used by the vendors at the present time for advertising

purposes. In addition to that, it would seem to me that merely to

state the number of gallons at some point on the tank would be just as satisfactory as all the wording you have here. There is one

other point in connection with that, Mr. Chairman, that I would like

to bring up, that in many cases tanks will have to be recalibrated

from time to time, and it would necessitate changing the Avording.

6379°—24 9
116 BUREAU OF STANDARDS

My personal opinion is that a plate that could be readily changed

answers the purpose better than paintinc; the number on each compartment as indicated by these specifications.

Mr. HoLRROOK (reading) :

9. All markings, figures, and graduations required under these specifications sball be of such size, design, material, and location and shall be sc applied or affixed that they will not tend easily to become obliterated or

illegible.

The Acting Chausman". Are there any remarks on the specification ? Mr. HoLBROOK (reading) :

10. All tanks and all devices designed to be attached thereto and used in

connection therewith shall be of such construction that they are not designed

to and may not be used to facilitate the perpetration of fraud.

That is a general specification that is always added to cover special cases not otherwise provided for. [Beading :] Tolerances.—The tolerance to be allowed in excess or deficiency on all vehicle tank compartments which are being tested by the weights and measures

official for the first time to verify the accuracy of a capacity marked thereon

by a manufacturer or user shall be the values shown in the column headed

" On first test " in the following table. The tolerance to be allowed in excess

or deficiency on all subsequent tests made by the official to verify the accuracy

of a marked capacity shall be the values shown in the column headed " On

subsequent test." These tolerances are to be applied to the difference between

the actual result of the calibration and the marked capacity of the compartment. Whenever the result of a calibration indicates that the marked capacity

of a compartment is not correct within the tolerance to be applied and the

capacity of the compartment is adjustable, then the result of the calibration

shall be taken as the basis of an adjustment, and the adjustment shall be so made that the capacity of the compartment agrees as nearly as may be with

such marked capacity. When the capacity of the compartment can not be

adjusted to agree with the marked capacity, then the compartment shall be

remarked in accordance with the provisions of specification No. 8.

Tolerances

Capacity of compartment Tolerance

From— Up to and

including—

On first test On subse- quent test

Gallons

175 325 475

575

725 875

U75

1, 125 1,325

Gallons

175 325

475

575

725

875

975 1,125 1,325

l,.50O

Gallons

ViVi

Vi

\m

iM

2

3

Gallons

1IH

2

33^

4

5

6

Mr. Prior. What is the tolerance on a 1,500-gallon tank?

The Acting Chairman. Three gallons on first inspection; 6 gallons on a subsequent test. Mr. JilARONET. Mr. Chairman, these specifications and tolerances

for vehicle tanks are subject to revision and will be reported back

to this conference by this committee. ISIay I suggest to the committee that they go into the proposition of equipping all tanks carry-
SEVENTEENTH CONPEKENCE ON WEIGHTS AND MEASTJEES 117

ing oils of any kind with meters ? I am of the firm conviction that

the meters can be put on at a reasonable expenditure. If that be

done, there is no need for calibration or for consideration of ex- pansion and contraction, etc. It would be more satisfactory to the

seller and still more so to the purchaser. As I understand it, practically all of the large companies who deal in these oils meter the

oil from their receiving stations into their tank wagons, and they

would never do it imless it was efficient. Therefore, if that is so, why can they not carry the plait fm-ther and put meters on the

wagons and eliminate all these difficulties ? I suggest that the committee which is now working on that matter take this up and see

if it is not jDOSsible, feasible, and practical to put meters on these

tanks.

Mr. HoLBROOK. The committee on tolerances and specifications during a large portion of the past week has been giving consideration

to the specifications and tolerances which have been adopted by the

conference from time to time in the past, and in this connection it has to report that some specifications have been found which it is

considered might reasonably be amended at the present conference.

This report is now ready for distribution in mimeographed form.

The Bureau of Standards, also, would be very pleased to have

these considered at this time, inasmuch as it may be found possible

during the coming year to republish our Handbook No. 1, Manual

of Inspection and Information for Weights and Measures Officials,

in which case it would be very advisable to have the specifications

in such shape that they will not soon have to be amended again.

'The committee will be glad to have you take copies of these and

familiarize yourselves with the contents thereof, so that when the

report is called up to-morrow morning we may be ready to go ahead

with it. I will leave these copies on the desk, so that you may

procure them now or as you go out.

METHOD OF TEST OF TAXIMETERS IN CHICAGO

By William F. Cltjett, CMef Deputy Inspector of Weights and Measures, City

of Chicago, III. A taximeter is defined as a mechanical instrument or device by

which the charge for hire of a public cab is mechanically calculated,

either for distance traveled or for waiting time, or for both, and

upon which such charge is indicated by means of figures.

In 1910 the Chicago city coimcil passed an ordinance regulating

the rates of fare and providing for the inspection, testing, and sealing of taximeters, which were placed under the jurisdiction of the

department of weights and measures. A mechanical expert was employed as a taximeter inspector, and he devised a machine for the

purpose of testing the accuracy of the taximeters used in the city.

This machine consists of a horizontal shaft driven by an electric

motor. At intervals along this shaft there are several vertical shafts

driven through bevel gears. These latter shafts extend up through

horizontal metal plates or meter brackets and are so designed as to

connect with and revolve the shaft of a meter placed in proper position on the meter bracket. A cyclometer, or revolution counter,

is mounted on the end of the horizontal shaft.
118 BUREAU OF STANDARDS

Taximeters are so constructed that the face of the meter automatically registers the distance traveled or the time consumed, in money

charges, while the charge for extra passengers is turned up by hand

on the face of the meter by the operator. The back of the meter

shows the total mileage, live mileage, the number of flag pulls or

trips," the number of extras, and the money units. The different

makes of taximeters are so constructed that a known number of

revolutions of the vertical shaft connected with the mechanism of the

meter is made per mile.

The test of a taximeter in Chicago consists of two parts: (a) A

bench or laboratory test, and (&) a road test. The bench test is

cari'ied on only on new meters which are to be installed on cabs;

thereafter during the life of the meter the road test is depended

upon to show the accuracy and condition of the meter. In 1910 we

inspected 203 meters. In 1923 this number had grown to 3,500.

Tests on each meter are required twice each year.

The bench or laboratory test is conducted as follows : A reading

is taken of the totals on the back of the meter, the meter is cleared

and placed on one of the meter brackets mentioned above, with its

drive shaft in engagement with the upright shaft extending up

through the plate. The flag is then thrown into operating position

and simultaneously the motor is started, causing the meter shaft to

revolve. The number of revolutions which should cause the various money drops is known, and the action of the money drops is compared with the revolutions being made by the shaft to determine

that these are operating correctly. In this test the meter is driven

at two high speeds of the order of a cab speed of 60 and 120 miles'

per hour, respectively.

On the first money drop an excess tolerance of two revolutions of

the drive shaft is allowed ; no tolerance in deficiency is permitted on

the bench test. The money drops, after the first one, must drop on

the proper revolution; there must be no consistent gain or loss,

otherwise the meter is condemned for readjustment. The reason

for the tolerance being allowed only on the first money drop is be- cause all lost motion incident to the proper engagement of the gear

train is taken up after one or two revolutions are made,- and thereafter all gears are properly in mesh.

To illustrate what this tolerance may mean in terms of feet traveled, when the taximeter is attached to a cab, we may take as an

example a meter which makes 80 revolutions of the vertical shaft

to the mile. In this case two revolutions is two-eightieths mile, or 132 feet. On other meters making 60 revolutions per mile, for instance, two revolutions would amount to two-sixtieths mile, or 176

feet.

In the case of the meter mentioned first in the above illustration

these are always tested on a direct drive to the main shaft. This

is the manner in which the meter is connected on a cab equipped

with 32-inch tires, in this case no auxiliary gearing being employed.

When such a meter is connected with a cab having tires of another

diameter than 32 inches, suitable gearing is installed on the bracket

holding the meter and the meter is driven through this. The test

is made similarly in the case of other meters having outside gear

boxes.
SEVENTEENTH CONFEKENCE ON WEIGHTS AND MEASUEES 119

In the case of meters having all gears inside the case, when these are submitted for test the meter is either labeled or tagged showing

for what tire size the particular gearing employed is intended. From

tables the proper number of revolutions corresponding to the various

money drops is found, and the meters tested accordingly.

The meters tested are run usually until $5 is shown, the corresponding mileage computed, and the mileage figures on the back of the

meter checked for accuracy as well as the money drops; also it is noted that the " extras " operate properly.

The second part of the bench test consists in checking the ac- curacy of the clock movement in the meter. The clock is wound up,

the flag is thrown, and the clock allowed to run one hour. Waiting

time under the city ordinance is charged at the rate of $1.50 per

hour. It is noted that the various drops operate properly at this

rate. A plus or minus tolerance of two minutes per hour is allowed.

If the above tests have been properly met, it is considered that the

meter head is correct, and it is ready to be installed on the cab,

with proper auxiliary gearing if the meter as tested was adjusted

for a tire diameter differing from the tire diameter of the cab on

which it is placed. To determine the gearing or gear ratio, we stand

the car on a level floor, measure from the floor to the center of the

hub, then multiply by two to get the running diameter of the tire.

A fabric tire nominally 32 inches in diameter will vary according

to the make of the tire from 301/2 to 31% inches running diameter

with 70 pounds air pressui-e in the casing.

Some meters are designed on a basis of 640 revolutions of a 32-

inch tire to a mile. There are actually 630.25 revolutions per mile

of a tire exactly 32 inches in diameter. Therefore, these meters

would be 9% revolutions, or 132 feet, per mile in favor of the passenger when attached to a cab equipped with tires of an effective diameter of exactly 32 inches. This discrepancy is probably a maximum

one, and in the case of these meters when geared for use with other

sized tires this discrepancy may be considerably reduced. O.ther

meters also have discrepancies of this same general character.

The road test is used extensively in Chicago and is believed to be

essential in obtaining accuracy of meter registration. This test is the only one given to taximeters, after the first bench test at the time

of original mstallation, except in the case of equipment used by one

company operating a very large number of cabs, in which case the

meters are given a bench test each six months, and road tests on

meters attached to these cabs are rare. This is due to the fact that

lack of force and the number of these cabs (2,500) renders road tests impracticable. Eoad tests are considered less necessary in case of

these cabs on account of standardized construction of cabs and

meters.

In general, we consider the road tests, especially on some old pattern meters in which some of the parts are lightly and poorly constructed, preferable to a wheel test as made in some other cities, be- cause the jars and shocks incident to actual operation will sometimes

reveal defects, such as loose money drops which may drop too soon and too often, which would not be brought out by such a wheel test. In the case of another make of meter a road test is very important,

since this will reveal whether or not the instrument is being affected

by a bind on the cable. The money drops in this instrument are
120 BUREAU OF STANDARDS

very sensitive and may be affected by such a bind. Road tests also

reveal many cases of meters registering improperly due to faulty

installation on the cab.

The road test is conducted as follows: The cab starts toward a measured course, and as it passes the starting line the flag is thrown

into the operating position. The inspector then watches the money

drops and makes sure that they drop properly over the mile straightaway. Tlie cab then turns around and comes back, the meter continuing to operate and the inspector continuing to check. If the result

of the test is inconclusive, the test is performed again. The inspector estimates the observed errors in terras of feet.

The tolerance on the road test is 150 feet slow or fast on the first

money drop, whether this represents one-third or one-half mile. No

added tolerance is allowed on the second or any subsequent money

drop. Regardless of length of test, the total allowance is 150 feet.

On the bench test meters are sealed with a paper label, which states

that the taximeter has been inspected and approved by the inspector

of weights and measures, giving date of test. A coat of shellac is brushed over the label to render it impervious to moisture. After

the meter has been attached to the cab and given a road test a lead

and wire seal is attached to the meter head, another lead and wire

seal is attached at the connection between the cable and the meter

head at the bracket, and a similar lead seal is attached to the star

gear at the front wheel. This prevents substitution of new gears.

AVhen we first started to inspect taximeters, 43 per cent of those

found in use registered inaccurately. Now no meter is permitted to

be used until after it has been inspected and approved, and it must

be reinspected once each six months thereafter. Of course, we still occasionally find a meter that registers inaccurately, due to its having

gotten out of order, but we do not fuid meters in use that have been

deliberately tampered with. We receive comparatively few complaints of incorrect taximeters in Chicago to-day, and a majority

of these complaints are due to the fact that we have five different

rates of fare in the city, the city rate being the highest of all. The prevailing rates are as follows:

''60-^0" (40 cents for first one-half mile or fraction thereof for one person;

10 cents for each one-quarter mile, or fraction thereof, thereafter ; for each

additional person for the whole journey, 25 cents). This is the maximum

rate permitted under the city ordinance.

" 50-40 " ( 30 cents for first one-half mile or fraction thereof for one person

10 cents for each one-quarter mile, or fraction thereof, thereafter ; for each

additional person for the whole journey, 25 cents).

"45-40" (25 cents for first one-half mile or fraction thereof for one person;

10 cents for each one-quarter mile, or fraction thereof, thereafter; for each

additional person for the whole journey, 25 cents).

" 50-30 " (30 cents for first one-third mile or fraction thereof for one per- son ; 10 cents for each one-third mile, or fraction thereof, thereafter ; for

each additional person for the whole journey, 25 cents).

"35-20" (25 cents for first one-half mile or fraction thereof for one person;

10 cents for each one-lialf mile, or fraction thereof, thereafter ; for each

additional person for the whole journey, 20 cents).

This last rate is used by five large cab companies and by about 12

smaller companies running three or four cars each, comprising in all

75 per cent of all cabs in Chicago. The higher rates are used by ap-
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 121

proximately 600 cabs in the city. A number of these at one time had

their meters changed to a lesser rate, but because their trade did not

increase on this account they changed back to their original rates. They figure they will only get the passenger once and they might as well get as much as they can from him.

Even when the meter situation is well taken care of and correct

registration of charges is the general rule, you must expect that

difficulties will still be encountered, complaints will be received, and

investigations and explanations will be necessary. Cases such as the following often cause trouble : A person may take a cab several

times from the same starting point to the same destination and for

the first few trips may get a cab with a " 35-20 " meter. For illustration, we will say the trip is five miles and the charge is $1.15.

If the next time he makes this trip he gets a cab with a " 60-40 " meter, the charge will be $2.20. The passenger not wishing to have

an argument will probably pay the fare registered, but he is very

likely to report that cab number so and so has a " crooked " meter.

This cab is looked up and found to have a " 60-40 " meter, and

explanations are made. Or even if the passenger takes a cab

having a meter with the rate to which he is accustomed, while going

from the same starting point to the same destination a different

route may be taken which may cause a difference in the mileage, or

there may be more turning in and out dodging vehicles on one

trip than another with the same result, all of which cause a differ- ence in the charge registered. Traffic delays may also cause a differ- ence in the charge; waiting time is charged for at the rate of $1.50

per hour, and as soon as the flag is thrown the clock in the meter

starts running. This clock movement and the taximeter shaft

which is operated from the front wheel of the cab are connected

in such a manner that if the cab stops, or if it runs very slowly,

the clock takes up the movement and registers at the rate of 10

cents for each four minutes, thereby increasing the charge recorded.

It is apparent, then, that there are reasons other than crooked or

faulty meters which may account for differences in charges made

for what is presumably the same distance traveled.

NOTES ON THE TESTING OF TAXIMETERS IN NEW YORK, N. Y.

Mr. Cltjett. I have here a synopsis of the work of taximeter

inspection in New York City, prepared by John Drennen,

chief of the division of licensed vehicles of the department of

licenses, in the form of a letter to J. J. Holwell. Mr. Holwell is

unable to be present at this time and has asked me to read this

letter to the conference. It is as follows:

City of New Yoek, Department of Licenses,

Division of Licensed Vehicles,

Office of the Deputy Commissioner,

517-519 West Fifty-seventh Street, New York, May 22, 192Ji. Hon. Joseph J. Holwell,

Mayor's Bureau of Weights and Measures, Municipal Building, City.

My Deap, Commissioner : I am inclosing herewitli a copy of the public hack

ordinance governing the operation of taxicabs in the city of New York, and

on pages 42 and 43 may be found the sections that govern the regulation of
122 BUREAU OF STANDARDS

taximeters. The following rates of fare prevail in the city of New York at the present time

For 1 or 2 passengers (single tariff) : For the first one-half mile or any part thereof 30 cents. For each succeeding one-fourth mile or any part thereof 10 cents. For three or more passengers (double tariff) : For the first one-half mile or any part thereof 40 cents. For each succeeding one-sixth mile or any part thereof 10 cents. Taxicabs having meters affixed thereto recording both the above rates of fare

have taximeters thereon painted " red " and the flags thereof enameled " red." For the first one-half mile or any part thereof 30 cents. For each succeeding one-fourtli mile or any part thereof 10 cents. (For any number of passengers carried.)

Taxicabs having meters thereon recording the above rate of fare are equipped

with taximeters painted " black " and the flags thereof enameled " white." For the first one-half mile or axiy part thereof 20 cents. For each succeeding one-fourth mile or any part thereof 10 cents. (For any number of passengers carried.)

Taxicabs having meters affixed thereto recording the above rates of fare are equipped with taximeters painted " blue " and the flags thereof enameled

" blue." For the first one-third mile or any part thereof 20 cents. For each succeeding one-third mile or any part thereof 10 cents. (For any number of passengers carried.)

Taxicabs equipped with meters recording the above rate of fare have taximeters thereon painted " green " and the flags thereof enameled " green."

There are also a few taxicabs operating in the city of New York recording the

following rate of fare

For the first one-fourth mile or any part thereof 15 cents. For each succeeding one-fourth mile or any part thereof 5 cents. Taxic-abs having meters thereon recording the above rate of fare are equipped with taximeters painted " green " and the flags thereof enameled

"green." (The above rate governs any number of passengers carried.)

Taximeters are presented to our laboratory by the taximeter companies and

individual owners, and these meters remain there for a period of 48 hours. A

time test is given for the 6-hour period, and meters that contain both the

single and double tariffs are tried out on a 50-mile test on each tariff; meters

that contain only one tariff are tried out for a 50-mile test. (The speed is equal to about SO miles an hour.) The laboratory is equipped with a testing

table the shafts of which are driven by motor, and revolution counters are attached to each stand recording the number of revolutions to a mile.

The meter is placed on the testing table, and after the first 5, -10, or 15- mile test the number of revolutions and the amount of money shown on the

face of the meter are checked up, and unless these two items check up cor- rectly the meter is condemned for being either fast or slow. After the time

and mileage tests, the meters are handled for manipulation; this is to SQe

whether or not an amount greater than the rate of fare for which the meter

is passed can be shown on the face of the meter. If the meter is approved,

seals are affixed to the case thereof, pressed with a department seal ; also a

blue label is affixed to the face of the meter, stating the size of tire for which

the meter is calibrated, date of examination, and inspector's name. If the

meter is condemned, a red label is affixed to the face of the meter statmg the

defects. All rate changes are made inside of the taximeter, and no changes are allowed to be made in the gear box. Changes in the gear box are permitted

only for the different size tires. Meters are then returned to the taximeter companies or individual owners and are then affixed to taxicabs. After meters are afiixed to cabs the taxicabs, with the meters attached thereto, are presented for a final test and

checking up to ascertain whether the cable is working properly ; also whether

the meter is affixed to a cab having the correct size tire for which said meter

is calibrated.

The taxicab wheel to which the meter cable is affixed is jacked up and

the wheel is coupled to a machine that has a revolution counter aflixed and

a test made for from 2 to 5 miles. (The speed of this machine is about 25
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 123

miles an hour.) If the test proves satisfactory, tlie cable attachments are

sealed. All cables are connected to wheels by a star and band, and only this

form of connection is accepted.

The following table, used in our final test, shows the size of the tire and

the number of revolutions to a mile

:

Tire Revolutions per mile

Tire Revolutions per mile

30-inch

to

^

CD

00 34-inch. 600 580

560

540

31 inch 35-inch . . 32-inch 36-inch

33-inch 37-inch

Trusting that this information will be satisfactory to you, I remain

Very truly yours, (Signed) John Dbennen,

Chief, Division of Licensed Vehicles.

DISCUSSION ON TESTING OF TAXIMETERS

Mr. Maroney. I do not believe I want to take up the time of the

conference by discussing the method we use in testing taximeters in

New Haven, because the gentlemen from Chicago and New York

have covered the matter thoroughly. We use practically the same

methods with one exception—we do not allow the use of duplex

meters, on account of the fact that they can be manipulated by those

who use them against the passenger who does not understand their

operation.

The Acting Chairman. Gentlemen, if there are any representatives of manufacturers of taximeters or of taxicab companies here

we would like to hear from them.

Mr. J. W. Weibley (representing the Pittsburgh Taximeter Co.,

Pittsburgh, Pa.). Looking at j'^our amusing cartoons on the screen I am reminded that in the taximeter business we know that the disputes between the driver and the fare are classic, and they have

been going on for a long time. The taximeter has done even more

to develop the cab business than the improvement in the construction

of the cabs, although the latter has done a great deal. The taximeter

makes it possible for you to hail a cab on any street of the United

States and be assured of a reasonable charge. In most of the larger

cities taximeters are tested by the bureau of weights and measures,

and that has made it possible for the cab companies to turn their

cabs loose on the streets and feel assured of proper returns.

I think I can speak for the other manufacturers and say that we

have built a meter that is just as nearly correct as we know how to

construct it—not only correct on registration but correct from the

standpoint of manipulation—so that it is almost impossible for the

driver to put it out of order and cause it to register fast. And today, even if you had no inspection, as in the case of some of our large

cities, the city of Pittsburgh, for instance, I think I can make the

assertion that the taximeters are just as nearly correct as any place

where you have an inspection, because the business is in the hands

of reputable companies who see to it that those meters are properly

maintained. The success of their business depends upon the meters
124 BUREAU OF STANDARDS

being correct. If they were not accurate, they would hear from their

passengers. The only people who would be interested in fast

meters are those men who own and operate the cabs themselves,

and when the business is largely in the hands of these men an inspection of taximeters is necessary. A great many of you men, no

doubt, are interested in learning how you shall test taximeters in

your towns where you probably have a limited amount of assistance

and probably no appropriation for machinery such as has been described by Mr. Cluett, or such as they have in New York. You are doubtless also interested in what variations or tolerances are to be

allowed. We taximeter manufacturers are very much interested iu

that also. We would like to be with you in this conference when you

agree on a uniform tolerance or on a uniform taximeter test recommended for those places where there is no machinery at present for

doing this work.

The methods used in the testing of taximeters in Chicago and New

York City are absolutely fair. In those cities they have had ex- perience and know the problem, but you men who have not had the

experience may not stop to consider what is necessary. For instance,

the balloon tire, run on low pressure, which has now come into use, will cause greater variation on a course; then there are fabric and

cord tires supposedly of the same size but actually of different sizes.

If you test your cab over a measured course, you must allow a rea- sonable tolerance for these variations. In some cities in the United

States to-day we have inspectors who allow no tolerances whatever. The manufacturers would like to see a uniform tolerance—

a

tolerance set up by the United States Bureau of Standards that we

could all work to. In so far as waiting time goes, the clock in a taximeter must be

made very strong to withstand vibration and to withstand manipulation. Consequently, we can not get the same accuracy with that

clock as with a fine chronometer or a fine clock on the wall, and we

therefore need a reasonable allowance for variations.

I hope that you gentlemen will take this matter up and form a committee to work with us to establish a uniform tolerance for the

testing of taximeters. It will be a great help to us, and it will be

of benefit to those of you who do not as yet know the proper procedure.

The Acting Chairman. I can tell the gentleman that when I was

an inspector for the city of Pittsburgh during 1910-1913 we laid out

a course, anticipating the taking up of this question, but the publicservice commission said, " Hands off," stating that the matter came

under the jurisdiction of the State public-service commission.

Mr. Brown (representing the Ohmer Fare Register Co., of Dayton, Ohio). Mr. Weibley, of the Pittsburgh Taximeter Co., has very

well covered the ground in regard to uniformity of requirement, so

it is useless for me to say anything on that ; but I should like to say

something in regard to the inspection of meters as conducted in our

factory. First, however, I would like to have it distinctly undei--

stood that these meters are not being used in any attempt to cheat

the public or the man or woman who rides in a cab.

Our tests in the factory are very severe. Our meters are first

tested in our assembly department at a speed of 1,200 miles an hour.
SEVENTEENTH CONFBKENCE ON WEIGHTS AND MEASURES 125

The reason for this is that certain defects will show up at a high

rate of speed, whereas they would not show up at a lower rate of

speed—35 to 40 miles an hour, for instance. After a cabinet is placed on the meters they go to the real inspection in the testing department, where they are tested at a rate of 400 miles an hour for

the same reason. The first pai-t of the test is primarily to test the

device which is designed to prevent tampering with the record on the

inside ; the second part of the test is for dead mileage ; and the third

is to make sure that the drums are working properly and do not hang

up in the wrong position. Then, there is a run for the testing of a

device consisting of a series of wheels inside the meter which prints

on our printed record, which is for the benefit of the cab company.

The meter is then run through a stock time test of 10 minutes.

When this record is removed and checked, the mileage must figure

correctly with the money charges shown, and I can assure you that it does. I can show you records of any number of our tests that figui-ed

absolutely accurate, and if there is any variation, it is very slight; over a distance of 3 or 4 miles it is negligible.

I do not think I have anything further to say, except that we want

to cooperate with this bureau in every way that Ave possibly can. You realize what we, as manufacturers, are up against in the way

of not having some standard specifications throughout the country.

The fact that different specifications are required in various parts

of the country makes it rather difficult for us, and we will appreciate

anything done by the Bureau of Standards toward the standardization of taximeter requirements.

The Acting Chairman. Are there any other representatives of

taximeter companies present who desire to talk on this subject?

[After a pause.] If not, we will pass on to the next item on the

program, " General consideration of subjects of interest brought up

for discussion by delegates." If any of the delegates desire to bring

up any questions that have not been under discussion so far, the

time is right for it now.

Mr. Pkior. I think it would be well at this time to bring to the

attention of the conference the fact that we have with us one of

the men who was, I think, one of the originators of this conference,

Doctor Reichmann.

Doctor Reichmann. I appreciate being called upon by Mr. Prior,

but I have nothing to say. I thank you.

(It was moved and seconded at this point that the conference

adjourn, the question was taken, and the motion was agreed to.)

(Thereupon, at 4 o'clock p. m., the conference adjourned to meet

at 9.30 o'clock a. m. Thursday, May 29, 1924.)
SEVENTH SESSION (MORNING OF THURSDAY, MAY 29,

1924)

The conference reassembled at 10 o'clock a. m., at the Bureau of

Standards. William B. McGrady, first vice-president, in the chair.

STATEMENT IN KELATION TO TOLEKANCES FOR BREAD LOAVES

The Acting CHAiRiiAisr. The first number on the program will be

the report of the committee on specifications and tolerances on toler- ances for bread loaves.

Mr. HoLBEOOK. The program calls for a report of the committee

on specifications and tolerances on this subject. At the time the

program was prepared it was hoped that a report could be brought

in at this conference, but on account of legal difficulties arising on

account of the construction of the Supreme Court decision in the

Nebraska bread case it was decided not to attem^Dt to bring in such a report until more mature consideration could be given the matter.

Suggestions were made in the papers at the Tuesday morning ses- sion, and the committee will direct its efforts to the end that a proper

report may be prepared having regard for the Supreme Court decision. The committee is prepared to substitute in lieu of the report

on bread the report which was placed in your hands yesterday.

REPORT OF COMMITTEE ON SPECIFICATIONS AND TOLERANCES

ON CHANGES IN CERTAIN SPECIFICATIONS, AND EXPLANATIONS

THEREON, PRESENTED BY F. S. HOLBROOK, CHAIRMAN.

Your committee on specifications and tolerances has been in ses- sion for some days and has been giving consideration to the various

specifications and tolerances adopted from time to time by this con- ference and now in force and effect and recommended by this conference. This consideration has to some extent taken the form of a general review of the various codes.

In general, as a result of this review of these specifications and

tolerances of the conference, 3'our committee on specifications and

tolerances is of the opinion that by certain rearrangement and re- classification of the material the specifications and tolerances may be

made more readily understandable than is at present the case, and in

this way a gi'eater degree of uniformity of interpretation and en- forcement throughout the various jurisdictions may be secured. On

this account youv committee proposes that it be authorized to proceed to make such rearrangement and reclassification withoiit changing the meaning or effect of the present specifications and tolerances.

Further, in reviewing the present specifications and tolerances

your committee has come to the conclusion that certain amendments

should be made in some of them. In some cases your committee is

now ready to present specific amendments, which, in its opinion,

should be "made, and these changes are set out in detail below. Your

126
SEVENTEENTH CONFEEENCE ON WEIGHTS AND MEASURES 127

committee is especially anxious to have the authority mentioned

above granted and to have the amendments recommended given consideration at this time, since it has been advised by the Bureau of

Standards that it may be found possible to issue a revised edition of

Handbook No. 1 during the year. In this case it is very advisable

that the specifications and tolerances be in the best possible form, so that the Handbook may not become obsolete shortly after it is printed.

In presenting these changes for your consideration there will,

from time to time, be interpolated into the formal report explanatory

matter detailing the reasons for the individual changes proposed.

LINEAR MEASURES

Specification No. 1, under the heading "Linear measures," reads

as follows

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 commercinl

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.

The committee recommends that this specification be amended

by striking out that portion of the specification beginning with the

words " Provided, however, * * * " to the end of the specification.

When this specification was first adopted, it was considered that

tapes which were actually wire-woven might be developed, so that

they would be satisfactory for commercial purposes. This expectation has not been fulfilled, however, and it is our opinion that the

so-called " reinforced " tapes can not be considered satisfactory for

commercial uses. The proviso is confusing, inasmuch as it seems

to suggest that such tapes are procurable, and therefore we recom- mend that it be stricken out,

GLASS GRADUATES

Specification No. 7, under the heading " Glass graduates," reads

as follows

7. The graduation marks shall be varied in length in such a manner that

they may be conveniently read, but in no case shall any graduation mark

extend less than one-fourth of the distance around the graduate. The main

gradioation marks shall extend at leant one-half of the distance around the

graduate: Provided, hoioever, That on duplex, or double-scale, graduates a

clear space shall be left between the ends of the main graduation marks on

the two scales, and this space, measured parallel to the graduation marks,

shall conform to the following values:

Circumference of graduate at tbe graduation marks

Up to 5 inches. From 5 to 10 inches, inclusive. !More than 10 inches
128 BUREAU OF STANDARDS

It is proposed to amend this specification • largely because it is

not sufficiently specific in that " main graduation marks " are not

defined. It is specified that they are to be of a certain character,

but it is not clear as to what graduation marks are to be considered

main graduation marks. In one of the States a manufacturer submitted some imsatisfactory graduates, and their approval or rejection depended upon the interpretation of these words. Therefore,

the following specification is presented to include definitions

7. Main graduation marks are those indicating the principal subdivisions

into which a graduate is divided, the value of which should readily be ascer- tainable in order to facilitate the reading of the graduate at any point on its scale. All main graduation marks shall extend around the same proportional

part of the circumference of the graduate. All graduation marks of this

character shall be construed to be main graduation marks. TJiese graduations shall extend at least one-half of the distance around the graduate:

Provided, however, That on duplex, or double-scale, graduates a clear space shall

be left between the ends of the main graduation marks on. the two scales, and

this space, measured parallel to the gradtiation marks, shall conform to the

following values:

Circumference of graduate at the graduation marks

Distance between

ends of graduation marks

Up to 5 inches From 5 to 10 inches, inclusive. More than 10 inches

Inch

VsH

H

Intermediate graduation marks are those which extend around a smaller

proportional part of the circumference of the graduate than do the main

graduation marks, and when these are emploj'ed the graduations shall be

varied in length in such a manner that the scale may be conveniently read,

but in no case shall any graduation mark extend less than one-fourth of the

distance around the graduate.

MILK BOTTLES

The section in relation to tolerances for milk bottles, reads as follows

Tolerances.—The tolerances to be allowed in excess or deficiency on in- dividual 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 ca- pacity 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 indi- vidual bottles Tolerance on aver- age capacity

Drams Cubic

inches Drams Cubic

inches

6 1.4 1. .5 0. 35

5 1.2 1. 25 .29

4 .9 1.0 .23

3 .7 .75 .17

.6 .5 .12

2 .5 .5 .12
SEVENTEENTH CONFEEENCE ON WEIGHTS AND MEASURES 129

It will be noted that tolerances on individual bottles and on the

average content of bottles are specified, but no explanation is

included as to how these tolerances are to be applied. It is clear,

perhaps, that no bottle is to be allowed to be in error by an amount

greater than the tolerance given for individual bottles, regardless

of the number tested, and that the average content of 25 or more

bottles should not be in error by more than the tolerances provided in that case ; but it is not clear what procedure is to be followed • when individual bottle tolerances are complied with, but the average

capacity does not so comply, especially when the average test is

applied to bottles already in use. In the case of a new shipment

of bottles, if a representative number are taken at random, tested,

and averaged, and it is found that this average does not conform

with the tolerance on average capacity, then the new shipment will

doubtless be rejected as a whole. In that case the tolerance on

average capacitj' works out all right. But suppose we go to a

bottling station and test 25, 50, or 100 bottles taken at random from

those in use and find that they do not have the proper average

capacity—then what is to be done? It seems that it is inequitable

as well as impracticable to require that the whole stock of bottles

of that dealer be rejected on account of the fact that a number tested

did not comply with the average tolerance specified. At the same

time it is not proper to allow all bottles to be continued in use merely because they comply with the individual tolerances, since

these were purposely made liberal on the theory that errors on

individual bottles would not be of so much consequence if they were

not all in the same direction. The proposed mode of procedure

under the circumstances outlined is that, in the case of bottles in

use, if these do not comply with the tolerances of both characters

previously mentioned, then each individual bottle may be con- sidered as a liquid measure and may be accepted or rejected according as to whether or not it complies with the tolerance for the

liquid measure of the appropriate size. This latter tolerance is

somewhat smaller than that specified for individual milk bottles.

To sum up, it is proposed that if bottles in use comply with the

individual tolerances on bottles, but do not comply with the toler- ance on average capacity, then liquid measure tolerances shall take

effect in respect to such bottles.

The values for the tolerances on individual bottles and on average

capacity remain unchanged. In accordance with the above, the

new section on tolerances proposed, is as follows

:

Tolerances.—The tolerances to be allowed in excess or deficiency on bottles

to be used in the sale of milk or cream shall be as follows

:

1. When a test comprises less than 25 bottles of the same capacity and

ownership, the tolerances shall be those given in Table A below

:

2. When a test comprises 25 or more bottles of the same capacity and ownership, the tolerances shall be applied not only to the individual bottles, but also

to the average capacity of at least 25 such bottles, these to be taken at random when the whole supply available is not tested. The error of any in- dividual bottle among those tested shall not exceed the values shown in Table A below. The average error on the bottles tested shall not exceed the

values shown in Table B below: Provided, however, That in the case of

bottles already in use, if the average error is greater than that above specified,

then, if desired, all of the bottles of the particular size and ownership in question may be treated as individual measures, in which case all of these
130 BUREAU OF STANDARDS

bottles shall be separately tested, and the tolerances shown in Table C below

shall be applied. Note.—To iind tbe average error on a number of bottles, 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

2 quarts

3 pints.,

1 quart.

1 pint... H pint.. Igill...

Table A: Toler- ance on indi- vidual bottles

Table B: Toler- ance on aver- age capacity

Table C: Special tolerance for individual bottles already in use

In excess In deficiency

Drams Cubic

inches Drams Cubicinches Drams Cubic

inches Drams Cubicinches

6

54

3

2

2

1.4

1.2.9

.7.5

.5

1. 5 1.25

1.0

.75

.5

. 5

0.35

.29

.23

.17 .12 .12

6

54

32

2

1.4

1.2

.9.7

.5

.5

o2.5

2

1.5 1.0

1.0

0.7.6

.5

.3.2

.2

SCALES GENERAL SPECIFICATIONS

Specification No. 5, under the heading " Scales—general specifications," reads as follows:

5. All knife-edges shall be of hardened and tempered steel. They shall be

sharp and bear throughout the entire length of the parts designed to be in

contact. The proposed change is a purely formal one designed to eliminate

a present inconsistency in the specifications. This general specification does not recognize agate as a material suitable for knife-edges,

although such material is specifically allowed in the case of prescription scales by the specifications therefor.

It is therefore recommended that this specification be amended to

read as follows

:

5. All knife-edges shall be of hardened and tempered steel, except that agate

may be used for special classes of scales when specifically permitted by the

specifications therefor. They shall be sharp and bear throughout the entire

length of the parts designed to be in contact. Specification No. 8, under the same heading, reads as follows

:

8. If a scale has a nose-iron, the position of this at the time of installation of

the scale shall be clearly and accurately indicated.

By the terms of this specification the position of the nose-iron is required to be indicated as of the time of installation of the scale.

It appears that it would be very preferable if this position were to

be indicated at the time that the levers are sealed at the factory.

Then, if any displacement occurs while the scale is in the course

of shipment or while it is being installed, this fact will be apparent

and the indication of the proper position will be of great assistance

in the adjustment of the scale tliat Avill be necessary.

It is, therefore, recommended that this specification be amended

to read as follows:

8. If a scale has a nose-iron, the proper position of this as determined by the

factory sealing operation shall be clearly, accurately, and permanently in- dicated.
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 131

APPLICATION OF TOLERANCES TO RAILROAD TRACK SCALES

The next recommendation of the committee is as follows : Following the words " not closer together than the distance between," strike

out the words "extreme positions which the truck can assume on

opposite ends of the shortest span" and insert in lieu thereof the

words " similar points on adjacent spans."

This amendment is recommended in order that this paragraph may

be in conformity with the recommendations and practice of the

Bureau of Standards in its railroad track-scale work, this method of

computing track-scale errors having been adopted by the ljui-eau

some time ago after a careful investigation of the matter.

SPRING SCALES

Specification No. 6, under the heading " Spring scales," reads as follows

:

6. The indicator shall be firmly attached and reach to the graduated divisions.

By the terms of this specification, which is repeated in substance

under other headings, it is required that indicators must reach to the

graduation lines. A method of construction has been called to our

attention which is not technically in compliance with this requirement, but which seems to be a proper one and one susceptible of

giving good results. In this construction two elements in the same

plane are employed—a graduated scale and an indicator. If the separation of the ends of the graduations and of the end of the indicator

is small, such an arrangement should be a satisfactory indicating

device.

Therefore, it is recommended that this specification be amended to

read as follows:

6. The indicator shall be firmly attached and reach to the graduated divisions, or if the construction is such that the indicator and reading face are in the same plane, then there shall not be a separation of the ends of the graduation lines and the end of the indicator of more than 0.04 inch, this distance to be measured along the line of the graduations.

If adopted here, this change should also be made in similar specifications under separate headings.

COMPUTING SCALES

Specifications Nos. 5 and 6, under the heading " Computing scales,"

read as follows:

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 cape

exceed 0.06 inch. Both indicators shall reach to the graduated divisions and

shall indicate clearly and correctly.

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 indi- cator shall reach to each value graduation and shall indicate clearly and

correctly.

The question has arisen whether the language of these specifications is such as to prohibit an auxiliary indicator at a greater distance

6379°—24 10
132 BUREAU OF STANDABDS

from the chart, such auxiliary indicator not being designed to function of itself as an indicator of weight or value, but intended to make

it possible for each of various observers easily to bring his eye to the

proper position from which the indications of the scale should be

read. Wliile it is felt that the present specifications probably do not

clearly prohibit this construction, nevertheless if it is desired to

allow it, this fact should be made plain, and at the same time the

construction should be safegiiarded in so far as possible, so that the

device will not be confusing to the operator.

It is therefore recommended that the specifications above be

amended to read as follows

:

5.* All computing scales shall be equipped with weight indicators on both

the dealers' and customers' sides, and with a value indicator on the dealers'

side, and the width of such indicators shall not exceed 0.015 inch. The dis- tance between the chart and the weight and the value indicators shall in no

case exceed 0.06 inch : Provided, however. That this shall not be construed

to prohibit the employment of an additional indicator at a greater distance

from the chart, designed and constructed so as to facilitate the correct positioning of the eye of the observer properly to read the indications of the scale

and reduce parallax, when such additional indicator is clearly differentiated

from the weiglit or the value indicator, so that it will not be mistaken therefor.

6. Each indicator shall reach to each graduation of the graduated scale fn

conjunction with which it is designed to be used ; or if the construction is such that the indicator and graduated scale are in the same plane, then there

sliall not be a separation of the ends of the graduations and the end of the

indicator of more than 0.04 inch, this distance to be measured along the line

of the graduations.

If these amendments are made, similar specifications under other

headings should be amended to conform therewith.

CREAM-TEST AND BUTTER-FAT-TEST SCALES

The next recommendation of the committee is that under the

heading " Cream-test and butter-fat-test scales " there be added a new specification to be known as specification 5a and to read as follows

:

5a. All scales shall be so designed and constructed that when an 18-gram

weight is shifted to any position on the scale platform normally occupied by a

cream-test bottle or to any position on the scale platform in which the 18-gram

weight may reasonably be placed when samples are being weighed, the additional resultinc error in the weiglit indication, due to this cause alone, shall

not exceed 1 grain.

At the present time no specification for a shift test on cream-test

and butter-fat-test scales is included. We believe that a shift test on

these scales is essential, and that the one described above is proper

and reasonable for this class of scales.

WEIGHTS

The next recommendation of the committee is that under the heading " Weights—Tolerances " there be added the following section at end of present sections.

> It was necessary to incorporate two amendments in tliese specifications, namely, the one just mentionpd above, and the one in regard to an indicating scale and indicator in the same plane, made to a ."specification under the heading " Spring scales," tmt necessary to be included here to make these sections coufoi-m with similar requirements given under

other headings. In order to facilitate the incorporation of these two amendments, the

material contained in the two specifications has been rearranged, since presentation to the conference, in such a way that each amendment need be stated only once. This action

is in accordance with the authorization of the committee by the conference to make sucli rearrangements when desirable.
SEVENTEENTH CONEEEENCE ON WEIGHTS AND MEASUBES 133

Tolerances.—The tolerance to be allowed in excess or deficiency on weights

to be used in connection with the qream-test and butter-fat-test scales and

moisture-test scales shall be 20 milligrams on the IS-gram weight and 10 milli- grams on the 9-gram and 10-gram weights : Provided, however, That the manufacturers' tolerances or the tolerances to be allowed on new weights shall be

one-half the values given.

No tolerance values are provided for weights of this class at

present. Moreover, none of our present tolerances are believed to be

applicable. The tolerances recommended above have now been in

force and effect in one or two States for a number of years. It is believed that these weights should not be in error by more than the

amounts specified if proper accuracy is to be obtained in the Babcock

test. We are advised that manufacturers have no difficulty in producing weights in conformance with these tolerances.

LIQTJID-MEASUEING DEVICES

Specification No. 21, under the heading, "Liquid-measuring devices," reads as follows:

21. Diversion of measueed liquid.—All liquid-measuring devices shall be so designed and constructed that no portion of the measured liquid can be

diverted from the one discharge outlet through which delivery is being made or

to be made during the operation of the liquid-measuring device.

This specification is to be construed to require that there shall be no means

provided by which any of the measured liquid can be diverted from the measuring chamber or the discharge line to the supply tank or elsewhere, during

the period of operation, and that all valves in the supply line intended to prevent the reversal of flow of the liquid shall be of such design and con- struction that their closure is automatically effected in the use of the device.

Also, when two or more discharge outlets for the liquid are provided all outlets

except the one in use must automatically be tightly and completely closed off during the pericKl of discharge, and the closure shall be so effected that de- livery made through one discharge outlet shall not affect the subsequent

delivery through any other discharge outlet: Provided, however, That the

above shall not apply to the drain outlet from the filtering chamber when such

outlet is in plain view of the customer.

This specification, as its title indicates, deals at the present time

with the prohibition of the diversion of measured liquid and requires

that this object shall be secured in one way only; that is, by the

automatic closing off of all outlets except the one in use. The committee believes that this specification might well be broadened in two

ways: First, by requiring a construction that will not onl}^ prevent

any diversion of measured liquid but will assure an observant

customer that fnill delivery of all measured liquid is taking place;

and second, by eliminating the requirement of a specific method of

construction and allowing any construction that will serve to accomplish the end sought.

In the opinion of the committee this object can be accomplished

by amending the specification to read as follows

:

21. Assurance of complete delivery.—All liquid-measuring devices shall be

so designed and constructed as to furnish assurance that all measured liquid

which is apparently being delivered from that delivery outlet which is bcnng

employed in any particular operation of the liquid-measuring device, is actually

being delivered so long as there is any liquid passing through this delivei^

outlet. This specification is to be construed to require that all valves in the supply

line intended to prevent the reversal of flow of the liquid shall be of such

design and construction that their closure is automatically effected in the
134 BUREAU OF STANDARDS

use of the device, and that when two or more delivery outlets for the liquid are provided a delivery raade through one delivery outlet shall not affect tlie subsequent delivery through any other delivei^y outlet. It is further to be

construed that either (1) there shall be no means provided by which any of

the measured liquid can be diverted from the measuring chamber or the dis- charge line to the supply tank or elsewhere during the period that liquid is flowing from the delivery outlet apparently in sole use; or (2) if there be

any means whatever by which an incomplete delivery or any diversion of

measured liquid can be accomplished or made, then the device must be so designed and constructed that such fact will automatically become an immediately obvious one to anyone observing the operation of the device.

Eespectfully submitted.

(Signed) F. S. Holbrook, Chairman.

Wm. F. Cluett,

Wm. B. McGrady,

Committee on SfecifLcations and Tolerances.

Mr. Holbrook. It will be noted that this report is signed by all

members Qf the committee who are present at this conference. We

might add that we have reason to believe that E,. F. Barron and

Chas. ]M. Fuller, the members who are not present, are also in sympathy with these recommendations.

DISCUSSION OF ABOVE BEPORT

The AcTiis'G Chairman. Gentlemen, having heard this report

read and the recommendations of the committee briefly explained,

the chair would like to know your pleasure, whether you wish to

take these up section by section for your approval, or otherwise.

We would like to hear any remarks from any of the delegates

present on this.

Mr. Foster. Mr. Chairman, I think this has been thoroughly

gone over by the committee which has brought it before this body.

I move that the report be adopted as submitted.

(The motion Avas seconded.)

The Acting Chairman. Are there any questions or remarks ? Mr. Egy. Mr. Chairman, there is just one section that I would

like to discuss, and that is regarding the tolerances on weights to

be used in connection with cream-test and butter-fat-test scales and

moisture-test scales. It is suggested that 10 milligrams be allowed

on the 9-gram and 10-gram weights and 20 milligrams on the 18-

gram weight. The class C weights used by .the sealers are such

that errors on the individual weights which may be used in making

up the total may add up to that much. Take the sealer's class C

weights and add the tolerances allowed on the 5, 2, and 2-gram

weights, which might be used to test a 9-gram weight, and the total

allowance on these would be 11 milligrams. This value would be

greater than the tolerance allowed on the weight to be tested. How

will the inspector test a 9-gram weight when his own weights may

possibly have a greater error than that allowed here ? Mr. Holbrook. The cormnittee has considered that question. It

has always been considered that the possible errors allowable on

the standard should not be more than about one-fifth of the permitted error of the weight under test, since otherwise too much of

the tolerance on the weight under test might be absorbed by the

errors in the standards used. W^e might be continually rejecting
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 135

weights under test, not necessarily because they were in error by more

than the tolerance, but on account, of the errors present in the standards. It resolves itself down to this : We need greater accuracy on

these classes of commercial weights; therefore class C weights will

not be satisfactory for the test of cream-test and butter-fat-test

weights. It is the proposal of the committee, and the Bureau of

Standards has agreed to this, that notice be sent to the manufacturers that wlien weights to be used in the testing of creamtest and butter-fat-test weights are supplied standard weights

should be furnished which are within the tolerances allowed on

class B standards, even though in details of construction the

standards comply only with class C. That is not an entirely

new proposal, because already the tolerances on prescription

scales are so small that weights in error by the values of class C

tolerance are not satisfactory. This matter is covei-ed in Handbook

No. 1, which specifies that in testing such scales the standard

weights employed should not be in error by an amount greater

than the tolerance for class B standards.

Mr. Egy. That takes care of the matter. I wanted to bring it to

the attention of the officials. It has been our practice to make

weights just a little better than required, and we do furnish class C

weights which are really within class B tolerances.

(The question was taken and the motion was agreed to.)

ADDRESS BY THE SECRETARY OF COMMERCE, HON. HERBERT

HOOVER

Gentlemen, I am very glad to have the pleasure of again welcoming this conference at the Bureau of Standards. The work

which you have done during the time I have had the responsibility

of this department has been one of the most constructive performances that we have participated in. I feel that it goes much further

than, perhaps, is apparent on the surface because by degrees, with

your cooperation and largely at your initiative, we are gradually

developing a scientific service in fixed standards throughout the

country.

The original purpose of your offices and work, of course, was

limited to the inspection of standards of weights and measures as

a matter of the public's protection against fraud. Herein lies a very great principle which has only begun to be recognized in its

wider vision throughout our entire commercial fabric. That is the

great principle that it is impossible even to establish ethical practices or standards of conduct without a definition of the standards

themselves. There is no way by which right or wrong can be maintained in the vast processes of trade and exchange unless there are precise standards, and, with the development of science and the

enormous development of industry, with the production of thousands of commodities of different dimensions, purposes, and quality,

we must determine some accurate bases before we can have a determination of the vital principle of right and wrong.

The problem enormously expanded through the development of

the sciences and their application. "We are now faced with the diffi- culty of determining quantities in the use of gas, electricity, water,

and a hundred other things. We are faced with the difficulty of
136 BUREAU OP STANDARDS

determining standards of quality and the proper standards of dimension in a thousand different commodities.

Your particular offices in the States, limited originally, have in

many instances been expanded in order to take account of this

enormous development in service and industry. Some of you already have the problems of testing meters of various kinds. Sooner

or later you will be confronted with the problems of determining standards of quality. Somebody has yet to determine standards

in fuel for the protection of the public, and so we go, first in one

field and then in another. To succeed in this work a more definitely

organized background must be developed.

I should like to see the time come, a thing which we can not ex- pect overnight, but it should be in our plans, when our commissioners of weights and measures shall be not solely inspectors of

minor questions of weights and articles for measuring volume, but

when they shall have behind them a trained scientific staff and a

certain amount of laboratoiy development in connection for better

organization of their work.

I do not see how we are to deal with the thousand complex

problems which are thrust upon us, with variations in a thousand

directions on commodities, both as to standards of quality and

standards of size, unless we are to have that scientific background

of training and equipment. You, no doubt, have discussed these

questions often enough. I feel somewhat amateurish in coming before you with matters in which you are more familiar than I. The Bureau of Standards has established this great purpose for

the Nation as a whole. It has developed the appreciation of the

complete necessity that standards should be backed by scientific re- search and trained men. The time has come when our States and

municipalities need more men scientifically trained and backed by

institutions similar to, although no doubt less in size than, the Bureau of Standards.

This contribution must be made by the States if we are to maintain a determination of what is morally right and wrong. It is nonsense to say that the ten commandments are sufficient when you

are distributing electrical current, for instance. It must be measured

and somebody must determine the unit of measure and see that it is

used. That is the eleventh commandment. In this vast number of

transactions that go on amongst our people there is involved the

question of the maintenance of the public morals, which can not be

solved unless there is some precision of definitions.

_ Now, it would seem to me worthy of development in these meetings

of yours that some constructive plan might be propounded so that

services of this character could be put on a more stable, a more

scientific basis. They should be taken out entirely from the realm

of politics because precision and science do not breathe in that field.

There is one thing that appeals to me to-day and that is that no

centralized body among 105,000,000 of people can satisfactorily serve

their purpose ; that as our population grows the necessity for -the

maintenance of State responsibility and community responsibility

also grows. There is even less justification of centralization of the

Government to-day than there might have been 100 years ago, so
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 137

the development of these ideas within each State and within each

community is a worthy problem for this conference, and I offer it to

you for further suggestions and further development. Thank you.

REPORT OF COMMITTEE ON RESOIiTJTIONS, PRESENTED BY A. W

SCHWARTZ, CHAIRMAN

The first resolution is as follows

:

RESOLUTION OF APPRECIATION TO THE SECRETARY OF COMMERCE

Whereas the honorable Secretary of Commerce, Herbert Hoover, has always

had the deepest interest in the affairs pertaining to weights and measures, so much so that, though recovering from a siege of illness, he has made special

effort to address the delegates here in conference assembled: Therefore be it Resolved, That the conference express its thanks and sincere appreciation to Secretary Hoover for his helpful address and wish for him complete restoration to good health.

(The resolution was duly adopted.)

Mr. Schwartz. The next resolution is as follows

:

RESOLUTION OF APPRECIiVTION TO THE DIRECTOR AND STAFF OF THE

BUREAU OF STANDARDS

Whereas the gratifying success that has marked this Seventeenth Annual

Conference of Weights and Measures Officials of the United States has been

mainly due to the able and untiring efforts of Director George U. Burgess and

his assistants from the Bureau of Standards ; and

Whereas the valuable information, instruction, and encouragement received

by the weights and measures officials here assembled has been of such nature

as to spur them on in the performance of the duties and requirements of

their several offices ; and

Whereas these annual conferences bring the various State, county, and

municipal departments of weights and measures more closely together and

demonstrate the value of the cooperation given by the Bureau of Standards:

Therefore be it Resolved, That this conference go on record in extending to Director Burgess

and his able assistants its appreciation and thanks for their valuable services

so kindly and generously given.

(The resolution was duly adopted.)

Mr. Schwartz. The next resolution is as follows

:

RESOLUTION OF APPRECIATION TO MESSRS. F. S. HOLBROOK, RALPH W.

SMITH, AND L. V. JUDSON

Whereas Messrs. F. S. Holbrook, Ealph W. Smith, and L. V,. Judson, of the

Bureau of Standards, so ably and instructively presented to this conference

the several papers on the timely subjects assigned to them on the program of

the conference : Therefore be it Resolved, That the thanks of the delegates here assembled be extended to these gentlemen for the valuable information and instruction which the members received from the excellent papers submitted.

(The resolution was duly adopted.)

Mr. Schwartz. The next resolution is as follows:

RESOLUTION OF APPRECIATION TO MESSRS. WILLIAM SMEDLEY, J. B. HORIGAN, H. E. BARNARD, AND M. L. ERNST

Whereas William Smedley, of the Retail Merchants' Association of Pennsylvania; J. B. Horigan, attorney, office of the Solicitor, United States Depart-
138 BUEEAU OF STANDARDS

ment of Agriculture; Dr. H. E. Barnard, director, American Institute of

Baking; and Morris L. Ernst, of tlie Jewelers' Board of Trade, New York

City, kindly prepared and read papers on timely and interesting subjects to the conference: Therefore be it Resolved, That the delegates in conference assembled do hereby extend to each of them sincere thanks for the excellent addresses given.

(The resolution was duly adopted.)

Mr. Schwartz. The next resolution is as follows

RESOLUTION OF APPRECIATION TO HON. CHARLES BRAND

Whereas the Hon. Charles Brand, Member of Congress from the seventh

district, Ohio, and author of the Brand Federal bread bill now before Congress,

so eloquently, impressively, and convincingly presented to the delegates the

crying necessity for standard-weight bread legislation : Therefore be it Resolved, That the thanks of the conference be expressed to the Hon. Charles

Brand for the exhaustive, instructive, and highly interesting address delivered

by him in support of his arguments for this much-needed regulation.

(The resolution was duly adopted.)

Mr. Schwartz. The next resolution is as follows

RESOLUTION IN REGARD TO TESTING OF POST-OFFICE SCALES

Whereas this Seventeenth Annual Conference on Weights and Measures of

the United States has received a request from Hon. Harry S. New, Postmaster

General of the United States, that it give consideration to and express its attitude upon the advisability of its members, in their capacity as weights

and measures officials, undertaking the testing of post-office scales throughout

the United States: Therefore be it Resolved, That this conference goes on record as being heartily in favor

of this proposal and desires hereby to tender to the United States Post Office Department its full cooperation in any plans which may be matured in order

to accomplish the desired end.

(The resolution was duly adopted.)

Mr. ScHAVARTz. The next resolution is as follows:

RESOLUTION INDORSING UNIFORMITT OF REGULATIONS FOR MILK AND

CREAM BOTTLES

Whereas the existing regulations aftecting bottles used for the sale of milk

and cream in the United States, ai-e not uniform among the several States,

particularly in respect to the point to which bottles shall be filled in order to hold their correct capacity and in respect to marking requirements; and

Whereas this divergence of regulations serves no useful purpose, but only

complicates the enforcement of bottle requirements throughout the country

and needlessly hampers the manufacturers of bottles in the making and marketing of their product: Therefore be it Resolved, That we, the delegates to the Seventeenth Annual Conference on Weights and Measures go on record as favoring the adoption of uniform regulations for milk and cream bottles by all of the States and cities; and be it further

Resolved, That the national Bureau of Standards be requested to draw up a code of regulations based upon those adopted by the Eleventh Annual Confer- ence on Weights and Measures and including uniform designating numbers to identify the bottles of each manufacturer ; and be it further

Resolved, That this conference does hereby recommend to and urge upon

each State and municipality the adoption of this uniform code.

(The resolution was duly adopted.)

Mr. Schwartz. The next resolution is as follows:
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 139

RESOLUTION IN MEMORY OF J. FRANK FOWXER, PAUL E. CARROLL, AND

CHARLES W. WOOLEY

Whereas it has been the will of Divine Providence to take from our midst

J. Frank Fowler, assistant State superintendent of weights and measures of

New Jersey ; Paul E. Carroll, superintendent of weights and measures of Gape

May County, N. J. ; and Charles W. Wooley, sealer of weights and measures of

Boston, Mass., faithful members of the annual conference ; and

Whereas the sterling principles and untiring efforts of these ofhcials in advancing the cause of honest weights and measures at all times recommended

them highly to our esteem : Therefore be it Resolved, That we, the members of the Seventeenth Annual Conference on Weights and Measures, assembled at Washington, D. C, this 29th day of May,

1924, take official notice of the passing of these associates into the great

beyond by spreading this resolution in full upon the minutes of this conference,

to stand as our memorial to them.

Mr. Schwartz. I move the adoption of this resolution and suggest that in adopting it we do so by rising and standing in silence

for one minute.

The Acting Chairman. All those in favor of this resolution will

please give their assent by rising in their places and standing in

silence for one minute.

(The resolution was unanimously adopted in the manner suggested.)

FLOWERS IN MEMORY OF LOUIS A. FISCHER

Mr. Cluett. Mr. Chairman, I would like to make a motion at this

time that the secretary be instructed to place flowers on the grave of

our late secretary, Mr. Louis A. Fischer.

(The motion was seconded, the question was taken, and the motion

was agreed to.)

Mr. Schwartz. Mr. Chairman, I would like to present the treasurer's report.

REPORT OF TREASURER, J. HARRY FOLEY

Gentlemen: I herewith submit my report as treasurer for the

year ending May 26, 1924:

Receipts

:

Balance on hand last report $168. 75

Received through fees of delegates 98. 00

Total receipts 266. 75

Disbursements

:

May 24, 1923, to Edward W. Garrett $5. 00

July 3, 1923, to F. S. Holbrook, secretary, for expenses

incidental to Sixteenth Annual Conference 129. 08

Total disbursements 134.08

Balance on hand May 26, 1924 132.67

Respectfully submitted.

J. Harey Foley, Treasurer. The Acting Chairman. Gentlemen, you have heard the report

of the treasurer.

(A motion was made and seconded that the report of the treasurer

be accepted, the question was taken, and the motion was agreed to.)
140 BUEEAU OF STANDARDS

REPORT or COMMITTEE ON NOMINATIONS, PRESENTED BY "WILLIAM F. CLUETT, CHAIRMAN, ANB ELECTION OE OFPICERS

Mr. Chairman, your committee on nominations respectfully

recommends the following members of the conference to act as

officers and members of the executive committee for the ensuing

year

President, George K. Burgess; first vice president, I. L. Miller;

second vice president, Thomas F. Egan; secretary, F. S. Holbrook;

treasurer, George F. Austin; members of the executive committee,

all of the officers ex officio, E.. F. Barron, Fred Benjamin, W. F.

Cluett, J. I-I. Foley, William Foster, A. H. Gibert, jr., J. J. Holwell,

W. B. McGrady, Arthur McV/illiams, Francis Meredith, G. B.

Nebinger, Lawrence Paul, W. A. Payne, G. M. Roberts, E. J.

Saldana, A. W. Schwartz, W. F. Steinel, L. P. Strong, George

Warner, and H. A. Webster.

(Signed) W. F. Cluett, Chairman.

L. P. Strong,

T. F. Egan,

W. B. McGradt,

Wm. Foster,

Committee on Nominations.

(A motion was made and seconded that the secretary be instructed to cast the ballot of the conference for all of these nominations; the question was taken, and the motion was agreed to.)

(Accordingly, the secretary cast the ballot of the conference for

the officers and members of the executive committee, as nominated

by the committee on nominations, and they were declared duly

elected.

)

FRAUDULENT MARKING OF JEWELRY

By MoKRis L. Ernst, Representing Jewelers' Board of Trade, Netc York, N. Y.

The unfortunate part of this subject is that it is so new. Of

course, jewelry is considered by people generally throughout the

country to be a luxury, and our legislators and inspectors have,

therefore, had very little concern in regard to the proper marking

and stamping of jewelry, but there are one or two unique features

in connection with jewelry in commerce. In the first place, not all

these articles are luxuries—a watch, tableware, and even a wedding

ring are not considered luxuries. Second, jewelry has a real value,

and although in order to determine whether an article of jewelry

has been properly marked you must destroy the article, in spite of

the destruction yon have left a residue which consists of gold, silver,

platinum, or something of value.

The custom of marking jewelry is different in this country from

the custom prevailing in England or Europe. In England the old

practice of marking is still in use; 'there the Government takes the

responsibility for the carat and sterling mark. In this country we

allow manufacturers to mark their mechandise according to what

they determine the standard to be. At the same time we have passed

legislation in several States defining certain agreed-upon standards

for marking jewelry.
SEVENTEENTH CONFEEENCE ON WEIGHTS AND MEASUEES 141

There is a certain type of legislation of which the Federal law

passed 17 or 18 years ago is a good example, which has been absolutely useless and ineffective. This provides that an article, marked

with a carat mark must assay up to the carat mark within a certain

tolerance; in other words, a 10-carat article must contain 10 parts

out of the 24 parts of the article of pure gold, with a certain leeway

or tolerance which is allowed. There has never been a single conviction under this character of law; there has been only one indictment, and that was quashed. This was due to the fact that the word

knowingly " was inserted in the penalty section. That means that

in order to convict you must prove that the person who sells the

improperly marked article knows that the mark is irregular—you

must get evidence to this effect—and this is practically Tmpossible.

In more recent State laws on the subject the word " knowingly " is

being left out, with good results. In New York State, for instance,

the bureau of weights and measures of the city of New York has

been obtaining anywhere from 25 to 40 convictions a year for the

fraudulent stamping, branding, and selling of jewelry.

Another method of approach which we have used in connection

with the misbranding of jewehy is through the Federal Trade Commission. You will find on their docket 25 to 50 cases regarding the

use of such terms as " filled," " gold filled," and the many other

terms now used to cloud the issue when the consumer purchases

jewelry.

Tliere is a great need for certain standards in connection with the

jewelry trade, and in the endeavor to establish these and to check

certain abuses which have arisen in their absence, the bureau of

weights and measures of the city of New York and the Federal Trade

Commission have been at work, their efforts having been directed

particularly against the misuse of the " carat " and " sterling " marks.

As a result we have obtained convictions, but as soon as we get a conviction declaring a term in use fraudulent a new term is inA^ented Avhich is thought to be within the law and by means of

which it is hoped to deceive the public. For instance, there is a legitimate article of commerce Tmown as " gold-filled " jewelry.

That means that the inside piece or core of a piece of jewelry so marked is of inferior base metal, while on the outside is a bit of gold.

Jewelry so constructed was sold for years under the term "gold

filled." It is a reasonably fair definition of what the article is, and

there is no representation as to the quantity or quality of the gold.

The nest move was that various manufacturers started to mark such

articles as " 14 carat," or " 14-carat gold filled." That suggested

that the article was fourteen twenty-fourths pure gold. The courts

of New York said that was irregular ; that if a man wanted to mark

an article " 14-carat gold filled " he must show the percentage of the

article that was " 14-carat gold." Therefore, we now find jewelry

marked "1/10 14-carat gold filled," for instance, giving the public

the opportunity to know that one-tenth is gold and that that one- tenth is 14-carat gold.^

We have thousands of gold emblem buttons throughout the United

States, and these are often marked " gold top." The great question

arises, not only from the point of view of the buyer, but of the law,

"What is the toj)?" Is it the entire top piece if there are two
142 BUREAU OF STANDARDS

pieces fastened together? 'Where is the back? The same question

arises in connection with breastpins and brooches marked " gold

front " and " platinum front." T\niat does that mean ? No one can tell where the front begins and the back ends.

The jewelry association contends that it is a basic principle in

marking merchandise that there should not be two marks on an

article unless it is composed of two separable pieces which are separated in ordinary use; in which case if such parts are composed of

materials of different fineness, each part should be properly marked.

For instance here [indicating] is a pencil commonly used in the

United States. It is made of separable parts. The jewelry association has said that the man should not mark this pencil " 14 carat " and sell it to the trade when only this small part [indicating the top]

is 14 carat and the rest is a thin plate.

We also have great difficulty with the term " solid gold." What

does it mean? Does it refer to the solidity of the article or the

quality of the gold? There are only two States that give an answer. Peimsylvania and Connecticut have legislated to the effect that in

order to be marked " solid gold " the article must be 10-carat or

better. I do not know whether this is a wise solution or not. In

this connection the jewelry association is agreed that an article made

of 10-carat gold should not be marked " solid gold " unless it is also

marked to indicate the amount of gold in the article.

Candlesticks are being made with the whole exterior, even the

bottom, covered with a coating of sterling silver, but with the interior composed of j)itch, cement, lead, or steel. Since this interior

is nowhere exposed to view, the consumer consequently has no knowledge in this case that the inside is of other material than sterling

silver. The bureau of weights and measures in NeAv York City has

secured a conviction in our courts in a case where a man sold a

candlestick as sterling silver that was filled with a base metal. The

court decided that all the parts that appeared or pvirported to be

sterling must be sterling, and that unless the consumer has an opportunity to see base metal or other material within he can assume

that the whole of the article is of the degree of fineness marked on

the outside. Sterling silver is defined as silver assaying 925/1,000

pure silver.

There is, however, a legitimate economic reason for not making

candlesticks entirely of sterling silver, for if they were so to be

made they would be beyond the reach of most people. It is suffi- cient, from an economic standpoint, to have the outside of sterling

silver and to have this supported by some kind of reinforcing on the

inside, whether steel, lead, cement, pitch, or anything else. However, unless the weight of silver is specified, it follows that you may

have two candlesticks, both looking alike, of the same size and

weight, and competing on an equal basis, one of which may be composed of 10 per cent pure silver and 90 per cent reinforcing material,

while the other may be composed of 90 per cent pure silver and 10 per

cent reinforcing material. Consequently the •nly solution seems to

be that in addition to the mark " sterling silver " on the article there

should be a mark denoting the quantity in ounces of the silver in the

article.
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 143

I have given these few ilkistrations to indicate some of the problems with which the jewelry industry is confronted. The greatest

problem in the jewelry industry in recent years, however, is that

which has developed in connection with the increased demand for

the use of platinum in jewelry. You must remember that years ago,

when ]Dlatinum sold for $10 an ounce, it was not a very popular

metal ; then nobody wanted it ; but as soon as the price went to $100

an ounce every woman wanted platinum jewelry.

The manufacturing jeweler's ingenuity led him to take gold and

color it so that it looked like platinum. As a result we now have

throughout the world the material known as white gold. This

material being available, there grew up the practice of combining

in one article of jewelry white gold and platinum, and now you will

find that the bulk of the jewelry sold, purporting to be and appearing to you or anyone to be platinum, is made partly of platinum

and partly of white gold. What is the proper method of marking

such a piece of jewelry made of platinum and white gold? There

are only two States—Illinois and New York—that have laws on

this point, these defining and declaring that when an article is

marked " platinum " the term means that there is a minimum of

925/l,000ths of the element platinum in the article.

Now, what happens is this: The manufacturer makes a ring out

of white gold. But it is a fact that for the purpose of inserting

stones, diamonds and the like, in the ring platinum can be used to

advantage, as it is a harder metal and better working than gold.

So the jeweler employs some platinum in this ring. Therefore we

find him using $14 white gold for 60 per cent of the ring and $150

platinum for the remainder. But now, on account of the use of

platinum, he wants to mark the ring " platinum 18-carat." The

jewelers' association says that this is an improper mark, because no

oiie knows how much platinum is there or how much white gold.

The jewelers then suggest : " Suppose we mark it ' platinum front,'

' platmum top,' or ' platinum face ' " ? Then you have the same problem as that I mentioned before in relation to gold; you do not

know whether there is a very small amount of platinum used or a

substantial piece applied on the white gold. The only reasonable conclusion at which we can arrive is that unless the article is made of

two separable parts, so that one part can be marked " 18-carat white

gold " and the other " platinum," the word " platinum " should not

appear on the article. They have not as yet tested the laws of New

York or Illinois in relation to platinum, which I have mentioned,

because the jewelers insist that it is unfair for them to be put at a disadvantage, or at least to be prevented from making jewelry which

dealers in every other State are at liberty to sell. Without the governmental agencies, such as the bureau of weights

and measures of New York, I doubt if the jewelers' association

Could have done anything more than pass resolutions and try to

exhort its members to raise the standards of the industry; but with

the cooperation we receive from this city agency, purchases are being

made constantly by a representative of the bureau in conjunction

with the representatives of the jewelers' association. The articles are taken to the United States assay office for assay. The judges

in our jurisdiction are educated to the point where they ask hardly
144 BUBEAU OF STANDARDS

any questions regarding the assay brought in from the United States

assay office, and the defendants seldom attempt to contest these as- says. The result of all this is that we are building up a body of

public opinion in this relation, and the intricacies of these scientific

and mechanical matters are coming to be better understood both by

the judges and the public.

I dare say we are progressing in this connection in many ways.

In the old days there is no doubt but that a man frequently dared to

lie about what he was selling. What a man says to-day must be the

truth, and I hope we are about to enter into the stage where, when a man says something, he must say it all. That seems to be the problem. Should we say part of the truth without saying it all? Isn't it the duty of a man who marks a candlestick " sterling " to say there

are 4 ounces or 6 ounces of silver in it, as the case may be? If a man

makes a cigarette case and it appears to be made of gold and silver,

should he not mark it to show how much of it is gold and how much

silver?

There is just one other suggestion I would like to leave with you.

It seems to me that there are agencies in the States and cities that can adequately cope with these problems. Moreover, it seems to me

that most of the corrective influences which have come about in coiinection with the marking of articles of commerce have not come

by the convicting of one or two unscrupulous merchants, but by

actually getting the industries themselves, through their legally constituted trade associations, to take a part in the work, to spread the

gospel, to try to prove to all the merchants of the industry that if

all are competing on the same basis of marks and standards no one

will be hurt. In this connection I doubt if the Federal Trade Commission will ever develop very fully in connection with their function

of raising the standards of the industry by proper marking and

preventing unfair competition, unless it finds it out what the associations are in each industry and which associations are vitally con- cerned in any matter under investigation. It should have such information at its finger tips, so that it could at any time communicate

with these associations and cooperate with them in developing what

are the honest practices in the trade. In other words, it should

develop defmite operating contact with the trade associations of the

country. Thank you.

DISCUSSION or ABOVE PAPER

Mr. Maeonet. Mr. Chairman, I understand that the jewelry

trade has had several diiferent sizes of carat weights. Some eight

or nine years ago, due to the difference in the size of the carat

weights used throughout the world, there was adopted and there is now in use what is known as an international metric carat weighing 200 milligrams. This is a simple proposition ; but if instead of

giving the weight of a stone in carats and fractions of the carat

they gave the actual weight in milligrams, it would simplify it still more. Why would it not be simpler to do away with the word

" carat " altogether ? Mr. Ernst. Mr. Chairman, I never considered it. I have heard

in fhe trade that the name " carat " has represented different
SEVENTEENTH CONPEKENCE ON WEIGHTS AND MEASURES 145

weights, but to' switch over to the term "milligram" would require a long process of education. People have used the term so long

that they would be slow to change.

Mr. Maroney. If you go to a jeweler he may show you a diamond

and state, "This is a half carat and a sixty-fourth." How can the

customer know what he is talking about? But if the weight were

to be given as so many milligrams, the customer can figure what

the actual size of the stone is. ARRANGEMENT OF SESSIONS OF EIGHTEENTH ANNUAL CONFERENCE

Mr. HoLWELL. Mr. Chairman, the next question which we should

take up is whether we are going to have afternoon sessions at coming conferences. We have had a difference of opinion in the executive committee regarding the advisability of having these afternoon

sessions. Personally, I feel that if we can get the work started at

9 o'clock and work hard until 1 o'clock, there would be sufficient

labor performed each day to justify our trip to Washington, but I

would like to have the opinion of my associates here as to how they

feel in the matter.

The Acting Chairman. We would like to hear from the delegates on this question. We put it this year on a 50-50 basis; but

if it is possible to get here promptly at 9 o'clock and then work on

to 1 o'clock and adjourn for the afternoon, perhaps we could accomplish just as much as if we tried to run both a morning and an

afternoon session. It is agreeable to me either way.

Mr. Clijett. I think we ought to look at this matter from the

viewpoint of the delegates coming from a long distance. There

are many delegates coming to these conferences whose expenses

range from $150 to $500. When the bureau or the officials of this

conference send out invitations to the governors or the boards of

county commissioners or the mayors, as the case may be, and send

along with those invitations a tentative program which only outlines a session for the morning, the " powers that be " will look at

it from the viewpoint of whether it is worth while to spend the

money to send a delegate for possibly a three-hour session per day.

I feel that they will consider it as a junket and turn the proposition

down. I know, speaking for myself, that we have had a hard time

in Chicago to convince them that it is worth while to send a delegate, even when it amounts to what it does now, and there are delegates whose expenses are three times as much as ours. For that reason I am in favor of the two-session day.

The Acting Chairman. Several years ago I was an earnest advocate of the one-session day in Pennsylvania. I found it worked out

fine there. On coming here to Washington and taking it up with

delegates from distant points, I was of a different mind concerning

this conference. State conferences can be held, and held very successfully, with one session a day, running from 9 to 1.30. Every

moment should be occupied by business, and after that social features can be included. I can i-eadily see, however, as Mr. Cluett points

out, that if one comes from the far West or from down South the

" powers that be " may look upon a conference consisting of one

session a day as a junket trip.
146 BTJKEAU OF STANDABDS

Mr. Maronet. I believe we should have sessions both in the morning and the afternoon.

"Mr. Egan. I believe vpe should have two sessions a day. I think

that the papers read and the discussions that are held are very

valuable. We can not afford to set up a program that will invite

criticism to the effect that we are only in session for a couple of hours

in the forenoon. If, perchance, the business on any one day is such

that we can dispose of the program early and there is nothing else

we can do we can take an adjournment until the next day.

Mr. HoLWELL. Mr. Chairman, I think we have the consensus of

opinion. To remove from the shoulders of the executive committee

the necessity of passing on this subject before the next conference,

I move you, sir, that at the Eighteenth Annual Conference on

Weights and Measures to be held in 1925 we hold two sessions a day.

(The motion was seconded, the question was taken, and the motion

was agreed to.)

MANUFACTURERS' EXHIBIT AT FUTURE CONFERENCES

Mr. Maroney. The average man who comes here comes for education, so that he can return to his jurisdiction better fitted as a public

servant. Formerly at these conferences the manufacturers had a number of exhibits, and these were educational. To my surprise

and disappointment I found there was no such exhibit this year.

If the manufacturers would bring their apparatus here and have a

field and construction man go through it from a mechanical standpoint, I think each one of us would be better equipped when we

return to serve the municipalities that we left, and, in other words,

be better servants. In the future I hope the manufacturers will

bring their apparatus here and let their field-service men instruct us. Mr. HoLBROOK. In regard to manufacturers' exhibits, I might say

that recently there have been fewer manufacturers exhibiting at the

conference each year. Last year the amount of apparatus exhibited

was so small that criticism was made by some of the manufacturers

exhibiting that the exhibit was not sufficiently successful to justify

them in continuing to exhibit their products. Early during the

present year we circularized the manufacturers to determine their

attitude in the matter. Some few appeared to be anxious to exhibit

a few additional advised that they would exhibit if especially re- quested, but were not particularly interested; the majority did not

care to exhibit their apparatus under any circumstances. As a

result, it appeared to be demonstrated that a manufacturers' exhibit

at this conference, if held, would be but little, if any, better than the one which was criticized last year. It was decided, therefore, to

drop the exhibit from the program of this year and allow it to develop what stand should be taken in the future on that question.

Some manufacturers have suggested that if the exhibit were to be

dropped for a year or two it was perfectly possible that they might

find it to their advantage at a later time to request that the exhibit

again be held.

The manufacturers were advised that while we had always been

interested in having them exhibit, we did not consider that this

feature was essential to the success of the conference, and I think
SEVENTEENTH CONFERENCE ON WEIGHTS AND MEASURES 147

it has been demonstrated during the present session that this is the

case. Many of the manufacturers have said that the weights and measures

officials were so familiar with their ordinary and usual types of

weighing and measuring apparatus that it seemed futile to have

them on display down here; that the weights and measures officials

were accustomed every day to seeing them in the stores which

they visited. Looking into the future, it is possible that we might

some time be able to hold an exhibit of this character: We might

strictly limit it to include only apparatus which had been developed

very recently and which was not well known to the weights and

measures officials. If it were suggested that only certain apparatus

would be acceptable, I think the reaction would be such that the

manufacturers would be very anxious to have their apparatus ac- cepted. Also, if only new and unusual types of apparatus were

shown these would be of interest to almost everybody here, and they

would be very anxious to see them. The exhibit then would not

be neglected. If such an exhibit were small enough it might be

arranged close at hand—for instance, in the back of the room here

where it would be accessible to all delegates at all times. A large

exhibit is necessarily placed in some other building, there not being

available space in this one. That idea is something that might be

developed in the future.

The Acting Chairman. It has been stated that some manufacturers

believe that the weights and measures officials are fully conversant

with all their products, and it is only a waste of time to bring them

here. I would differ from that view. I think the exhibit is very

helpful. Do any manufacturers care to discuss this subject? If

not, is there any new business to be brought before the conference?

[After a pause.] Well, gentlemen, we have wound up a very suc- cessful conference and a motion to adjourn is in order.

Mr. Foster. I move we adjourn.

(The motion was seconded, the question was taken, and the motion

was agreed to.)

(Thereupon, at 11.55 o'clock a. m., the Seventeenth Annual Conference on the Weights and Measures of the United States adjourned

sine die.)

6379°—24 11

o
If

I