DEPARTMENT OF COMMERCE

BUREAU OF STANDARDS

GEORGE K. BURGESS, Director

MISCELLANEOUS PUBLICATIONS—No. 55

Weights and Measures

J.

Sixteenth Annual Conference

OF REPRESENTATIVES FROM VARIOUS STATES

HELD AT THE BUREAU OF STANDARDS

WASHINGTON. D. C.. MAY 21. 22. 23. AND 24. 1923

PRICK. 30 CENTS

SioM only by the Superintendent of Dociunents, Government Frlntlnf OfEcc

Washinsfton. D. C.

WASHINGTON

GOVERNMENT PRINTING OFRCE

1924

DEPARTMENT OF COMMERCE

BUREAU OF STANDARDS

GEORGE K. BURGESS, Director

MISCELLANEOUS PUBLICATIONS—No. 55

Weights and Measures

Sixteenth Annual Conference

OF REPRESENTATIVES FROM VARIOUS STATES

HELD AT THE BUREAU OF STANDARDS

WASHINGTON. D. C., MAY 21. 22, 23, AND 24. 1923

PRICE, 30 CENTS

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

WASHINGTON

GOVERNMENT PRINTING OFFICE

1924
I
1

OFFICERS AND COMMITTEES.

OFFICERS.

(As elected by the Sixteenth Annual Conference.)

President, Geohqe K. Burgess, Director, Bureau of Standards, Washington, D. C.

First Vice President, William B. McGrady, Chief, State Bureau of Standards, Harrisburg, Pa. Second Vice President, I. L. Miller, State Commissioner of Weights and Measures,

Indianapolis, Ind.

Secretary, F. S. Holbrook, Bureau of Standards, Washington, D. C. Treasurer, J. Harry Foley, State Superintendent of Weights and Measures, Trenton, N. J. COMMITTEES.

EXECTTTIVE COMMITTEE.

(As elected by the Sixteenth Annual Conference.)

George K. Burgess,

William B. McGrady,

I. L. Miller, \Ex officio. F. S. Holbrook,

J. Harry Foley,

R. F. Barron, State Commissioner of Weights and Measures, Old Capitol Building,

St. Paul, Minn.

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

Chicago, 111. H. N. Davis, Deputy State Commissioner of Weights and Measures, Montpelier, Vt.

S. C. DiNSMORE, State Sealer of Weights and Measures, Reno, Nev.

Thomas F. Egan, Deputy State Superintendent of Weights and Measures, Hartford,

Conn.

Charles M. Fuller, City and County Sealer of Weights and Measures, 201 New High

Street, Los Angeles, Calif. A. H. GiBERT, Jr., Chief State Inspector of Weights and Measures, Columbia, S. C. William F. Goodwin, State Sealer of Weights, Measures, and Balances, Providence, R. I. Joseph J. Holwell, Commissioner, Mayor's Bureau of Weights and Measures,

Municipal Building, New York, N. Y.

Charles A. Lutz, Chief Inspector of Weights and Measures, 24 City Hall, Balti- more, Md.

Francis Meredith, State Director of Standards, Statehouse, Boston, Mass. Lawrence Paul, Chief, Bureau of Weights and Measures, 305 City Hall, Richmond, Va.

William A. Payne, County Sealer of Weights and Measures, City Hall Annex,

Rochester, N. Y.

George M. Roberts, Superintendent of Weights, Measures, and Markets, Washington, D. C. A. W. Schwartz, Assistant State Superintendent of Weights and Measures, Elizabeth, N. J. William F. Steinel, Sealer of Weights and Measures, Milwaukee, Wis.

L. P. Strong, Chief, 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, Statehouse, Concord, N. H.

3
4 U. S. BUREAU OF STANDARDS.

eOMMITTEE ON SPECIFICATIONS AND TOLERANCES.

(Standing Committee:)

F. S. HoLBROOK, Bureau of Standards, Washington, D. C. William F. Cluett, Chief Deputy Inspector of Weights and Measures, City Hall,

Chicago, 111. R. F. Baeeon, State Commissioner of Weights and Measures, Old Capitol Building,

St. Paul, Minn.

Charles M. FulIee, City and County Sealer of Weights and Measures, Loa Angeles, Calif.

ACTING COMMITTEES FOR THE SIXTEENTH ANNUAL CONFERENCE.

Committee on Resolutions.—I. L. Miller, S. C. Dinsmore, George M. Roberts, R.

F. Barron, J. W. Worden.

Committee on Nominations. —William F. Cluett, A. W. Schwartz, George Warner,

T. F. Egan, W. A. Payne.

Special Committee on Besolution on Life and Work af Samuel Wesley Stratton.—

Joseph J. Holwell, H. A. Webster, William B. McGrady, H. N. Davis, W. F. Steinel.

Committee on Testimonial for Samuel Wesley Stratton. —R. F. Barron, J. J. Holwell, George B. Nebinger, D. J. Moynihan, Ralph W. Smith.

Jn Charge of Exhibits.—^J. R. Buckley.
LIST OF PERSONS ATTENDING THE CONFERENCR

STATE DELEGATES.

California Chakles M. Fuller, County Sealer of Weights and Measures,

201 New High Street, Los Angeles.

Edward K. Strobridge, County Sealer of Weights and

Measures, Oakland.

Colorado H. Casaday, Budget and Efficiency Commissioner, State

Capitol, Denver.

Connecticut Thomas F. Egan, Deputy State Superintendent of Weights

and Measures, State Capitol, Hartford.

Delaware Charles H. Grantland, Dover.

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

and Markets, Washington.

Illinois Fred Benjamin, State Superintendent of Standards, Springfield. William F. Cluett, Chief Deputy Inspector of Weights

and Measures, Room 608, 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.

Maryland Charles A. Lutz, Chief Inspector of Weights and Measures,

24 City Hall, Baltimore.

Massachusetts Maurice F. Gloster, State Inspector of Standards, 14 Broadway, Chicopee.

Michigan L. P. Strong, Chief, State Division of Weights and Measures , Lansint;. Minnesota Raymond F. Barron, State Comniissioner of Weights and

Measures, Old Capitol Building, St. Paul.

William E. Thompson, State Supervisor of Scales, 216 Corn

Exchange, Minneapolis.

Nevada S. C. Dinsmoee, State Sealer of Weights and Measures,

Reno.

New Hampshire H. A. Webster, State Commissioner of Weights and Measures, State House, Concord.

H. S. Peabody, State Inspector of Weights and Measures,

Littleton.

New Jersey J. Harry Foley, State Superintendent of Weights and

Measures, Trenton.

J. Frank Fowler, Assistant State Superintendent of Weights and Measures, Trenton

.

Elliot B. Holton, Assistant State Superintendent of Weights and Measures, Irvington.

Joseph G. Rogers, Secretary, State Department of Weights

and Measures, Trenton. A . W. Schwartz, Assistant State Superintendent of Weights

and Measure,, Elizabeth.

New York W. B. Folger, Director, State Bureau of Standards,

Albany.

Frank R. Utter, State Superintendent of Purchase,

Albany.

Pennsylvania William B. McGrady, Chief, State Bureau of Standards,

Capitol Building, Harrisburg.

0. B. Baker, Deputy State Inspector of Weights and Measures, Harrisburg.

p. R. Taylor, Acting Director, State Bureau of Markets,

Harrisburg.

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

ures, Room 20, Statehouse, Providence.

5
6 U. S. BUREAU OF STANDARDS.

South Carolina A. H. Gibbet, Jr., Chief State Inspector of Weights and

Measures, Columbia.

Pierre Gibert, State Inspector of Weights and Measures,

ColumbiaC II. Si'ROTT, Jr., State Inspector of Weights and Measures, Columbia.

Vermont H. N. Davis, Deputy State Commissioner of Weights and

Measures, Montpelier.

Wisconsin George Warner, Chief State Inspector of Weights and

Measures, Capitol Building, Madison.

CITY AND COUNTY DELEGATES.

California:

Los Angeles County. .Charles M. Fuller, Sealer of Weights and Measures, 201

New High Street, Los Angeles.

Alameda County. .. .Edward K. Strobridge, Sealer of Weights and Measures,

Fifth and Washington Street, Oakland.

Connecticut:

Bridgeport William H. Beloin, Sealer of Weights and Measures,

Welfare Building.

Fairfield County Charles H. Hart, County Commissioner, Bridgeport.

William H. Brown, County Sealer of Weights and Measures, Courthouse, Bridgeport.

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

City Hall.

District of Columbia George M. Kobeets, Superintendent of Weights, Measures,

and Markets, District Building.

W. C- Diller, Chief Inspector of Weights, Measures, and

Markets, District Building.

George A. Howe, Inspector of Weights, Measures, and

Markets, District Building.

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

Markets, District Building.

James T. Townsend, Inspector of Weights, Measures, and

Markets, District Building.

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

and Measures, City Hall. Indiana: Vigo County. . .George C Rossell, Inspector of Weights and Measures,

1232 North Seventh Street, Terre Haute.

Maryland: Baltimore Charles A. Lutz, Chief Inspector of Weights and Measures, 24 City Hall.

John T. Angel, Inspector of Weights and Measures, City

Hall.

C. Henry Bischoff, Inspector of Weights and Measures,

City Hall.

William Blumberg, Inspector of Weights and Measures,

City Hall.

William A. Clubb, Inspector of Weights and Measures,

City Hall. Charles G. Crockett, Inspector of Weights and Measures,

City Hall.

John Ermer, Inspector of Weights and Measures, City

Hall. William H. Larrimore, Inspector of Weights and Measures, City Hall.

Massachusetts:

Springfield William Foster, Sealer of Weights and Measures, Room 9, City Hall. West Newton Andrew Prior, Sealer of Weights and Measures, City

Hall. Winthrop Horace Waite, Sealer of Weights and Measures, 224 Winthrop Street. Michigan:

Flint Howard R. Estes, Sealer of Weights and Measures, 607

Beach Street. Highland Park J. W. Worden, Sealer of Weights and Measures.
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUKES. 7

New Jersey:

Bergen County John R. O'Connob, County Superintendent of Weights

and Measures, Hackensack.

Cape May County. . .Paul E. Caeeoll, Comity Superintendent of Weights and

Measures, Dennisville.

Cumberland County. William B. Holmes, County Superintendent of Weights

and Measures, Bridgeton.

Elizabeth William J. Bendee, Superintendent of Weights and Measures, Harmonia Building.

Gloucester County. .William P. Abdill, County Superintendent of Weights

and Measures, Woodbury.

Hudson County Thomos J. Waldeon, County Superintendent of Weights

and Measures, Courthouse, Jersey City.

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 ..George B. Goodrich, Assistant County Superintendent of Weights and Measures, 507 Woodland Avenue, Avon by

the Sea. Robert M. Marks, Assistant County Superintendent of Weights and Measures, 24 and 26 Broad Street, Manasquan.

Morris County Henry S. Worman, County Superintendent of Weights and

Measures, Boontown.

Passaic County Harry Rosenfelt, County Superintendent of Weights and

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

Measures, 25 Railway Avenue, Elizabeth.

New York:

Canandaigua i t yl Howard J. Mooee, Sealer of Weights and Measures, Cananana unxario> ,]„i„,,Q

County. J ^aigua.

Glens Falls City andlLEMBERT J. Dean, Sealer of Weights and Measures, 62 Elm

Warren County. J Street, Glens Falls. Jefferson County Chaeles H. Bulson, County Sealer of Weights and Measures, Courthouse, Watertown.

Monroe County W- A. Payne, County Sealer of Weights and Measures, City

Hall, Annex, 37 Exchange Street, Rochester.

J. E. Dunklee, Deputy County Sealer of Weights and Measures, 37 Exchange Street, Rochester.

New York Joseph J. Holwell, Commissioner, Mayor's Bureau of Weights and Measures, Municipal Building.

Orange County Herbert Senger, County Sealer of Weights and Measures,

Goshen.

Rochester H. W. Sherman, Sealer of Weights and Measures, 37 Exchange Street. Saratoga County . . . .Harry P. 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 C P. Smith, County Sealer of Weights and Measures, 96

Sound Avenue, RiverheadWayne County C P. H. Vary, County Sealer of Weights and Measures,

Newark.

White Plains Richaed Harding, Sealer of Weights and Measures, Realty

Building.

Yonkers Martin J. Whelen, Sealer of Weights and Measures, City

Hall. North Carolina: Meck-l ^ ^ ^ee. County Standard Keeper, Charlotte,

lenburg County, j

' ' Ohio:

Columbiana County. W. H. Bare, Deputy County Sealer of Weights and Measures, Lisbon.

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

2368 Summit Street. Pennsylvania:

Allegheny County. . .George B. Moore, Chief Inspector of Weights and Meas.

ures, Courthouse, Pittsburgh.
8 U. S, BUREAU OF STANDARDS.

Pennsylvania—Continued

.

Allentown B. Frank Rinn, Inspector of Weights and Measures. Erie Harry Schade, Inspector of Weights and Measures, City

Hall. Harrisburg George B. Nebinger, Inspector of Weights and Measures,

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

Philadelphia Theo- A. Seraphin, Deputy Supervisor of Weights and

Measures, 2017 Arch Street. Tennessee: Memphis A. W. Bacegalupo, Inspector of Weights and Measures,

45 South Front Street. Virginia:

Arlington County George F. Dennis, County Sealer of Weights and Measures,

Clarendon.

Norfolk James L. Skinner, Sealer of Weights and Measures, 2103

Armory Building.

Portsmouth H. H. Mathews, Sealer of Weights and Measures. Richmond Lawrence Paul, Chief, Bureau of Weights and Measures,

Room 305, City Hall.

S. C RowE, Deputy Inspector, Bureau of Weights and

Measures, Room 305, City Hall. John F. Seay, Deputy Inspector, Bureau of Weights and

Measures, Room 305, Citv Hall. Roanoke C R. Vaughan, Sealer of Weights and Measures. West Virginia: HarrisonlC. A. Chambers, County Sealer of Weights and Measures,

County. j 315 Point Street, Clarksburg.

Wisconsin:

Milwaukee William F. Steinel, Sealer of Weights and Measures, 421

Fifth Street. Sheboygan August Lutze, Sealer of Weights and Measures. West Allis Erwin J. Rogers, Sealer of Weights and Measures and

Market Master. DELEGATES FROM STATE ASSOCIATIONS OF WEIGHTS AND

MBASURES.

Massachusetts State Association of Sealers of Weights and Measures: Maurice F. Gloster, State Inspector of Standards, 14 Broadway, Chicopee.

Wisconsin State Weights and Measures Association: August Lutze,

Sealer of Weights and Measures, Sheboygan.

GUESTS REPRESENTING MANUFACTURERS.

American Kron Scale Co.: G. Thomas Harper, District Manager, Liberty Building.

Philadelphia, Pa. American Liquid Meter Co.

C Farmer, President, 636 Chamber of Commerce Building, Portland, Oreg.

W. D. Clark, Sales Engineer, 636 Chamber of Commerce Building, Portland, OregHarry H. Hunter, Chicago Representative, 1352 Railway Exchange, Chicago, 111. Black & Decker Manufacturing Co.

Henry W. Fox, Loadometer Department, Baltimore, Md.

H. L. Prince, Jr., Loadometer Department, Baltimore, Md.

Fred J. Troll, Manager, Loadometer Department, Baltimore, Md.

Bowser, S. F. & Co.: L. E. Porter, Assistant General Manager, Fort Wayne, Ind.

Becker, Christian (Inc.): C. A. Becker, 147 Eighth Street, Jersey City, N. J. Buffalo Scale Co.

T. L. Richmond, President, Buffalo, N. Y.

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

Chatillon, John & Sons:

F. B. Foster, New England Representative, Boston, Mass.

J. George Hugel, 87 Cliff Street, New York, N. Y.

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

i
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES, 9

Clear Vision Pump Co.

C- H. McBhayeh, Wichita, Kans.

Claud Smith, Wichita, Kans.

Computing-Tabulating-Recording Co.

Hakey S. Evans, Manager, 816 Fourteenth Street, Washington, D. C

A. M. Robertson, Research Engineer, 137 East Tweaty-fifth Street, New

York, N. Y.

Dayton Pump & Manufacturing Co. : 0. C- Hupnagle, Chief Engineer, Dayton, Ohio.

Dayton Scale Co.: William F. Bowen, Sales Agent, 816 Fourteenth Street NW/, Washington, D. C. Robert Craig, Engineer, Dayton, Ohio.

D. J. Moynihan, Sales Manager, Dayton, Ohio.

G. W. Spahr, Vice President and General Manager, Dayton, Ohio.

Fairbanks, E. & T.: A. E. Ashcraft, Manager, St. Johnsbury, Vt. P. C. Brooks, President, 30 Church Street, New York, N. Y.

F. E. Church, St. Johnsbury, Vt. Fairbanks Co., The:

R. E. Post, Baltimore, Md.

C. J. LaForge, Asst. General Sales Manager, 416 Broome Street, New York, N. Y.

Fairbanks, Morse & Co.: F. V. Roy, 900 South Wabash Avenue, Chicago, 111. Gilbert & Barker Manufacturing Co.: E. S. Cushman, Springfield, Mass. Guarantee Liquid Measure Co. : W. S. Townsend, Vice President, Rochester, Pa. Howe Scale Co.

Carl B. Hinsman, President, Rutland, Vt.

0. A. Lindsay, District Manager, W^ashington. D. C. Landers, Frary & Clark: F. A. Searle, Vice President, New Britain, Conn.

Measuregraph Co.

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

John C Hayes, District Manager, 347 Fifth Avenue, New York, N. Y.

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

Avenue, Baltimore, MdNational Store Specialty Co.: Norman MacLean, Assistant Manager, Bareville, Pa. Peerless Weighing Machine Co. : E. M. Schiemer, District Manager, 4124 Dalrymple

Avenue, Baltimore, Md.

Pittsburgh Meter Co.

Horace Chrisman, Engineer, East Pittsburgh, Pa. E. M. Kreidler, Engineer, East Pittsburgh, Pa- Richardson Scale Co.: H. Richardson, Passaic, N. J. Seraphin Manufacturing Co.: Ida U. Seraphin, Secretary and Treasurer, PhiladelpMa, Pa.

Societe Genevoise d'lnstruments de Physique: Roy Y. Ferner, United States Representative, 1410 H Street, Washington, D. C

Standard Computing Scale Co.: A. A. Greer, 1118 Liberty Avenue, Detroit, Mich.

Standard Oil Co.: J. Presser, Jr., Manager, Pump and Tank Department, Balti- more, Md.

Standard Scale and Supply Corporation: D. L. Daly, Vice President, 523 Arch

Street, Philadelphia, Pa. Streeter-Amet Weighing & Recording Co.

Frank E. Cruikshank, Field Representative, 58 Chittenden Avenue, Columbus, Ohio.

H. F. Reck, Chicago, 111. Strait Scale Co.: A. B. Jacobus, President, Kansas City, Mo.

St. Louis Pump & Equipment Co.: A. P. Gest, Jr., Special Representative, 3703

Forest Park Boulevard, St. Louis, Mo.

Toledo Scale Co.

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

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

C 0. Marshall, Toledo, Ohio.

Charles C Neale, Manager, Industrial Sales, Toledo, Ohio.

C. S. Osborne, 1219 Filbert Street, Philadelphia, Pa. A. M. Raymond, 922 New York Avenue, Washington, D. C

Torsion Balance Co.: A. T. Millroy, 92 Reade Street, New York, N. Y. Troemner, Henry: Samuel B. Peterman, Manager, 911 Arch Street, Philadelphia,

Pa.

Visible Pump Co. (Inc.): C. F. Vance, Special Representative, Findlay, Ohio.

Wayne Tank & Pump Co.: F. A. Bean, Consulting Engineer, Fort Wayne, Ind,

W. & L, E. Gurley: W. L, Egy, Engineer, Troy, N- Y.
10 U. S. BUEEAU OF STAFDAEDS.

GUESTS BEPBESBNTING RAILROADS AND WBIGmNO

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. GoE, R. B., Supervisor of Weighing and Inspection, Illinois Central Railroad Co.,

Twelfth Street Station, Chicago, 111. Gordon, B. B., General Scale Inspector, Pennsylvania Railroad, 139^ East South

Street, Indianapolis, Ind.

Harrison, M. J. J., General Scale Inspector, Pennsylvania Railroad, 323 South

Wells Street, Chicago, III. HosFORD, C. C, General Scale Inspector, Pennsylvania Railroad, Pittsburgh, Pa. HuESTis, Bronson L., Engineer, Freight Container Bureau, American Railway

Association, 30 Vesey Street, New York, N. Y. Ladd, M. H., Chief Weigher, Chamber of Commerce, Milwaukee, Wis.

Lawrence, E. Kent, General Scale Inspector, Baltimore & Ohio Railroad, Balti- more, Md.

Mann, C. H., Superintendent of Scales, Southern Railway, Washington, D. C

Marchant, Harry, Scale Inspector, Bethlehem Steel Co., Maryland Plant, Spar- rows Point, Md.

McAteer, John, Scale Inspector, Consolidation Coal Co., Fairmont, W. Va. Petty, A. N., Scaleman, Wilson & Co., United States Yards, Chicago, 111. RiGGS, J. T., General Agent, W. & I. Department, Atchison, Topeka & Santa Fe

Railway, 1001 Third Street, San Francisco, Calif. GUESTS REPRESENTING GOVERNMENT DEPARTMENTS.

Briggs, C a., Livestock Weight Supervisor, Packers and Stockyards Administration, Department of Agriculture, Washington, D. C

Johnson, Maj. J. 0., War Department, United States Army, 2415 Twentieth Street,

Washington, D. C

Wardwell, Harry H., Automatic Scale Expert, United States Customs, 134 South

Second Street, Philadelphia, Pa. OTHER GUESTS.

Barnard, H. E., Director, American Institute of Baking, 1135 Fullerton Avenue,

Chicago, III. Benjamin, Mrs. Fred, Springfield, 111. Carlough, Milton, Agent, The Fleischman Yeast Co., 316 F Street NE., Washington, D. C. Dale, Samuel S., 10 High Street, Boston, Mass., representing American Institute of Weights and Measures, 115 Broadway, New York, N. Y.

Edson, Joseph R., Washington Loan & Trust Building, Washington, D. C. Fisher, Harmon F., Engineer, American Petroleum Institute, 15 West Forty-fourth

Street, New York, N. Y. Gordon, Mrs. B. B., 1530 Broadway, Logansport, Ind.

Gordon. Miss Elizabeth, 1530 Broadway, Logansport, Ind.

Hoffbnberg, I., 1325 H Street NE.. Washington, D. C

Holbrook, E. E., Wasliington, D. C. Kremer, C. J., Retail Bakers Association of America, 985 Second Avenue, Milwaukee, Wis.

Payne, A. W., The Associated Press, Washington, D. C

Rinn, Mrs. B. Frank, Allentown, Pa. RiNN, Miss Phyllis L., Allentown, Pa. Rogers, Mrs. E. J., 593 Sixty-Third Avenue, West AUis, Wis.

Smith, James, Paterson, N. J. Smith, William H., 14 Birch Avenue, Glens Falls, N. Y. Williams, Otis L., Secretary, Scale and Balance Manufacturers Association, 17 Stat?

Street, New York, N. Y.
CONTENTS.

Page.

Foreword 15

First Session (Morning of Monday, May 21, 1923).

Opening address by the president. Dr. S. W. Stratton 16

Address of welcome to the Bureau of Standards, by Dr. G. K. Burgess, director. Bureau of Standards 17 Abstracts of reports of State delegates:

California, Charles M. Puller 19

Colorado, H. Casaday 19

Connecticut, Thomas F. Egan 19

District of Columbia, George M. Roberts 19

Illinois, Fred Benjamin 19

Indiana, I. L. Miller 20

Louisiana, J. N. Siren, sr 20

Massachusetts, M. F. Gloster ..i^.';. 20

Michigan, L. P. Strong 20

Minnesota, R. F. Barron 20

Nevada, S. C. Dinsmore 20

New Hampshire, H. A. Webster 21

New Jersey, J. Harry Foley 21 Pennsylvania, William B. McGrady 21

Rhode Island, William F. Goodwin 21 South Carolina, A. H. Gibert, jr 21 Vermont, H. N. Davis 21

Virginia, Lawrence Paul and H. H. Mathews 22

West Virginia, G. F. Daugherty 22

Wisconsin, George Warner 22

Second Session (Afternoon of Monday, May 21, 1923).

Sale of service on the basis of weight or measure, by R. F. Barron, commissioner

of weights and measures. State of Minnesota 23

The weighing of cotton, by J. N. Siren, sr. , inspector of weights and measures.

State of Louisiana 26

Appointment of committees 26

Third Session (Morning op Tuesday, May, 22, 1923).

'* City and County Day.

Cooperation between State and local weights and measures departments, by

August Lutze, sealer of weights and measures, Sheboygan, Wis 28

Discussion of above paper 32

The organization and conduct of city and county departments of weights and

measures: Remarks of William F. Cluett, chief deputy inspector of weights and

measures, Chicago, 111 34

Remarks of William Foster, sealer of weights and measures, Springfield,

Mass 36

Remarks of Charles M. Fuller, sealer for Los Angeles City and County,

Calif 39

Remarks of George B. Moore, sealer of weights and measures, Allegheny

County, Pa 41

Bureau of Standards investigation on commercial filling of milk and cream bottles, by Ralph W. Smith, Bureau of Standards 43

Discussion of above paper. 45

11
12 U. S. BUREAU OF STANDABDS.

Page. Present status of negotiations toward obtaining uniform regulations for milk

bottles, by F. S. Holbrook, Bureau of Standards 45

Proposed method for testing milk and cream bottles, by E. L. Peffer, Bureau

of Standards , 47

Discussion of above paper 49

Announcements 49

Fourth Session (Afternoon op Tuesday, Mat 22, 1923).

City and County Day.

Temperature as a factor in the measurement of gasoline, by Howard R. Eetes,

sealer of weights and measures, Flint, Mich 50

Discussion of above paper 52

Problems arising in the supervision of public markets:

Remarks of Edward J. Maroney, sealer of weights and measures, New

Haven, Conn 53

Discussion of above paper 55

Testimonial for the retiring president 58

Problems arising in the supervision of public markets (continued):

Remarks of Lawrence Paul, chief, bureau of weights and measures, Richmond, Va 58

Discussion of above paper 60

General consideration of subjects of interest and question brought up for dis- cussion by city and county officials: Tolerance and shrinkage on butter in prints 60

Measurement of sweet potatoes 63

Short weight in wrapping twine 63

The use of certain 7-ounce bottles 64

Uniform ton for coal 65

Farewell to the retiring president. Dr. S. W. Stratton 66

Fifth Session (Morning of Wednesday, May 23, 1923).

The elimination of sales by gross weight, by J. Harry Foley, superintendent of weights and measures. State of New Jersey 69

Manner of sale of cordage, by Joseph J. Holwell, commissioner, mayor's bureau of weights and measures. New York, N. Y 71 Discussion of preceding papers 73

Address by the Secretary of Commerce, Hon. Herbert Hoover 76

The attitude of the Middle West toward the abolition of bushel weights, by

I. L. Miller, commissioner of weights and measures. State of Indiana 82

Discussion of above paper 86

Report of the committee on specifications and tolerances on specifications and

tolerances for vehicle tanks, presented by F. S. Holbrook, chairman 89

Discussion of above report 92

Sixth Session (Afternoon of Wednesday, May 23, 1923).

Standardization and simplification, by William A. Durgin, chief, division of simplified practice. Bureau of Standards 94

Divergence of bread-labeling requirements, by H. E. Barnard, director, American Institute of Baking 98 Bread-weight legislation and the retail baker, by C. J. Kremer, representative of the Retail Bakers' Association of America 104

Discussion of preceding papers Ill Report of conference committee on bread-weight legislation and tolerances,

presented by F. S. Holbrook 112

Supplementary report of conference committee on bread-weight legislation and

tolerances, presented by F. S. Holbrook 117 Report of committee on specifications and tolerances on specifications and

tolerances for fabric-measuring devices, presented by F. S. Holbrook, chair- man 118

Discussion of abo^ e report 121

Seventh Session (Morning of Thursday, May 24, 1923).

Origin and destination weighing of coal in carload lots, by E. Kent Lawrence,

general scale inspector, Baltimore & Ohio Railroad 123

Discussion of above paper , . , li^
Sixteenth annual, conIference on weights and measures. 13

Page.

Retail sale of coal and coke, by George M. Roberts, superintendent of weights, measures, and markets, District of Columbia 127 Discussion of above paper 129

Report of committee on specifications and tolerances on a substitute for specification No. 23-afor scales, presented by F. S. Holbrook, chairman 129

Report of committee on specifications and tolerances on tolerances for heavyduty automatic scales, presented by F. S. Holbrook, chairman 132

Resolution on the life and work of Samuel Wesley Stratton, presented by

Joseph J. Holwell, chairman of special committee 136

Report of committee on resolutions, presented by I. L. Miller, chairman, and

discussion thereon 138

Resolution of appreciation to the Secretary of Commerce 138

Resolution of appreciation to the director and staff of the Bureau of Standards 139

Resolution of appreciation to W. A. Durgin 139

Resolution of appreciation to exhibitors of apparatus 139

Resolution indorsing hundredweight standard for dry commodities 139

Resolution in regard to liquid meters 140

Resolution indorsing abolition of dry measures 141 Resolution indorsing 2,000-pound ton for all purposes 142

Resolution in regard to taximeters 146

Amended resolution indorsing abolition of dry measures 146

Report of Treasurer 147 Flowers in memory of Louis A. Fischer 147

Eighth Session (Afternoon of Thursday, May 24, 1923).

Resolution in relation to standards of quality for coal 149

Report of committee on nominations, presented by William F. Cluett, chairman, and election of officers 149

Suggestions concerning program of Seventeenth Annual Conference 150

Tentative adoption of report of committee on specifications and tolerances on

specifications and tolerances for vehicle tanks 151

Installation of new president 152

Report of committee on testimonial to retiring president 152

Report of the sixteenth annual conference on weights and

measures of the united states.

HELD AT THE BUREAU OF STANDARDS, WASHINGTON. D. MAY 21-24, 1923.

FOREWORD.

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

Annual Conferences on Weights and Measures verbatim. In that

year and also in 1922, however, 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 and Fifteenth 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 two

sessions 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 tne two preceding conferences,

in the reports of State delegates being abstracted, 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 wiU be found not to have

been greatly impaired as to usefulness by the necessary abridgments

and deletions made.

George K. Burgess,

Director, Bureau of Standards, and

President, Annual Conference on Weights and Measures.

15
FIRST SESSION (MORNING OF MONDAY, MAY 21, 1923).

The conference was called to order at 10.40 o'clock a.m. by Dr.

S. W. Stratton, president of the conference, president of the Massachusetts Institute of Technology, and former director of the Bureau of

Standards.

OPENING ADDRESS BY THE PRESIDENT, DR. S. W. STRATTON.

It gives me great pleasure to be with you again, especially since I had hardly expected to be able to do so. During the past year it has been necessary for me to readjust my affairs—take up my work

elsewhere. It seemed the best thing to do, although I can assure you that it WhS with great regret that I left the work of the bureau,

and especially the work of this organization. I became very much

attached to it and feel that it will be productive of even more good

in the future than in the past.

This is the sixteenth annual conference and I look back with a

great deal of satisfaction to the things that have been accomplished

by these meetings. The conference was organized to be a clearing

house for matters pertinent to weights and measures. Such a clearing

house was necessary, especially since the personnel of the weights and

measures ojfficials changes continually throughout the country, and

it has served its purpose weU. The having of one place where we can come together to compare notes with one another tends to brine

about uniformity in the many questions appertaining to weights and

measures. There is another side of this conference which always appeals to

me as being a very helpful one, and that is that in their technical

work the officials asseroblinw here have at their service the weights

and measm-es division of the bureau. Officials throughout the country

have made use of that division, and this contact has had a remarkable effect upon the character of the work performed and upon the

equipment used. It has been the duty of the various officials to study

this equipment to see where it could be improved—where the manufacture was defective and how that could be remedied—and the equipvment has steadily improved as a result. As I have suggested, the

division of weights and measures has always been at your service,

and I know it will continue to be in the future.

I have been pleased to meet some of you in my new work. Not

long ago in New York State, in Rochester, I was enabled to renew

my acquaintance with the officials in that neighborhood, members

of this organization here; and this afforded me a great deal of pleasure.

I will always continue to take the greatest interest in this organization, and 1 hope that you will continue it along the present lines,

and I know that those in charge of the bureau will continue to place

their organization at your service as in the past. You on your part

16
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 17

have helped the weights and measures division a great deal by bringing to it the benefit of your experience and they, in their turn, have

helped you and will continue to help a great deal by giving you the

scientific side and the technical side of weights and measures. Now we have with us this morning the new director of the Bureau

of Standards, Doctor Burgess, who has grown up, as it were, at the

bureau ; who is interested in all it has done ; who is entirely familiar

with the history of this organization and with its objects. It is with

the greatest pleasure that I welcome him here this morning and

introduce him to you as the new director, because I know that 3'ou

can have in the future the same benefit from the bureau through

him that you have had in the past. He will cooperate with you even

to a far greater extent, because as time goes on those things grow.

We do not go backward, and your connections with the bureau will

' grow stronger and stronger through the new director. I take great

pleasure in introducing Doctor Burgess.

ADDRESS OF WELCOME TO THE BUREAU OF STANDARDS, BY DR.

G. K. BURGESS, DIRECTOR, BUREAU OF STANDARDS.

Ladies and Gentlemen: On behalf of the Department of Commerce and the Bureau of Standards I take very great pleasure in

welcoming you to this, the Sixteenth Annual Conference on the

Weights and Measures of the United States. I understand that

there are present delegates from States, counties, and cities, representatives of manufacturers, and other guests and visitors, and to all of

you I extend most cordially all the facilities of the bureau during

your stay here, and I hope most emphatically that those of you who

are interested—and I assume all of you are—will want to become

more Intimately acquainted with some of the things that we are doing.

As Doctor Stratton has so kindly intimated, this series of confer- ences on weights and measures is by no means unknown to me.

Although I have had no official connection with t, 1 always took a great pleasure in examining the reports of its meetings. In fact, I have

attended every one of these conferences for at least one session, and

sometimes for several. I came over, first, to see what you were doing;

second, how you did it; and, third, for the inspiration that your type

of work has given me, because it is a remarkable instance of cooperative voluntary work for a given result. I think I can say frankly

that the work that these conferences has done, as looked at by a man on the side lines, if you please, has been most effective and

remarkable and has had a profound efi"ect on weights and measures

throughout our great country.

Now, the Constitution of the United States, as you all know, places

the questions of coinage and of the standards of weights and measures

among the jurisdictions of the Federal Government. Although the

Government has done but httle in the exercise of this power, nevertheless I think it has been a very happy growth that we have had

in weights and measures matters. In so far as it has been necessary

to affirm the fundamental standards on which the weights and measures of the country are based, the Bureau of Standards has been

delegated to act; in so far also as it has been found necessary in the

76317—24 2
18 tr. S. BUKEAU OF STANDABDS.

interest of uniformity of practice in interstate commerce, the laws

affecting weights and measures have been in part allocated to the

Federal Government. But both on account of fimdamental law and

geographic considerations the formulation and execution of practically all the laws on weights and measures have been left very

largely to the States. Since this is true, a function of this volimtarily

organized conference on weights and measures—a most important

function, it strikes me—is to afford once a year the opportunity to

the delegates from the various communities to get together for the

purpose of comparing notes, interchanging ideas, and making suggestions, one to another, where necessary, to bring about in your States

and municipalities uniformity of practice that is shown to be needed.

It is largely up to the conference to make suggestions and voluntarily

to bring about sufl&cient uniformity to meet the general needs.

Now, a word in regard to the Bureau of Standards as it is physically before you to-day. We most cordially invite you to visit the

laboratories, of which there are a very considerable number, and I think it will be a recreation to call at some of these laboratories.

Briefly, the building we are in is the electrical building, and you will

find here all matters connected with electricity; immediately back of

it is the radio laboratory; the building to the right is the administration building, containing also the weights and measures division

and the optical division, weights and measures being located on the

first two floors. The western building is largely devoted to problems

of heat and power; the building formir?g the other portion of the

square is the mechanical building and thje power plant; the building

immediately back, to the right, is the chemistry building; to the left

of that the metallurgy and mechanics buildings are found; and the

industrial building, the very large building to the right as you came

up, I think you will find the most interesting of all, as it contains a

series of industrial plants. In effect, you will find there work going

on in rubber, textiles, paper, cement, structural materials, and so

forth. I hope you will make this your home while here and visit

those parts of the institution in which you may be interested,

I may also announce to you, and I think it may be of considerable

interest to you to know, that on Friday there is to be a meeting

here in this room of the State purchasing agents of those States having such agents, and representatives from certain other States. That

meeting will be largely devoted to the question of purchases and the

standardization of specifications. It will be addressed by the Director of the Budget, General Lord; by the Secretary of Commerce, Mr.

Hoover; and others. Those who can stay over I am sure will find

it a most interesting session.

Finally, I hope after you leave to go home from this, the Sixteenth

Conference on Weights and Measures, that you will take with you a most pleasant impression; and, indeed, if there are questions that

come up before the next conference that you wish us to take up

either individually or by groups, I hope you will not hesitate to write us on the subject, and you will find us ready to cooperate to the

utmost of our ability; and, again, let me say that it will be a primary

object of the bureau to further the objects of this conference.
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 19

ABSTRACTS OF REPORTS OF STATE DELEGATES.'

CALIFORNIA.

By Chables M. Fuller, City and County Sealer of Weights and Measures, Los Angelu,

Mr. Fuller reported that practically no changes had been made in

the California weights and measures laws during the past year. He

said that the bread law recently enacted was proving very satisfactory to both bakers and consumers and noted increased cooperation

between merchants and weights and measures officials.

COLORADO.

By H. Casaday, State Budget and Efficiency Commissioner.

Mr. Casaday stated that Colorado was at present without comprehensive weights and measures legislation, but that he was in attend- ance at the conference at the request of the governor to gather information for the purpose of preparing suitable bills on this subject to

be introduced into the legislature.

CONNECTICUT.

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

Mr. Egan reported the enactment of a law authorizing the sale of

nonstandard-size loaves of bread if labeled with their weight and of a law requiring coal to be sold by weight and outlined their provisions.

He also mentioned other bills which failed of enactment and reported

briefly on the gasoline-measuring devices inspected during the year

by State and local inspectors.

DISTRICT OF COLUMBIA.

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

Mr. Roberts commented upon the methods employed in supervising gasoline sales and upon the results of check purchases made.

While, in general, the results were satisfactory, it was found neces- sary to bring prosecutions in a few cases. He also commented upon

the satisfactory operation of the new weights and measures code

passed two years ago, mentioning particularly the general observance

of the requirements relating to standard-size breaa loaves.

ILLINOIS.

By Fred Benjamin, State Superintendent of Standards.

Mr, Benjamin reported the progress which has been made in administering the new weights and measures law recently enacted in his

State. Of 17 cities required to do so under this law 14 have

already appointed city inspectors, and a force of 8 State officers has

been appointed and the necessary equipment for field work, including

8 automobile trucks, provided. He stated that, in general, the merchants were willingly cooperating with the department.

' For coaveaieace o{ reference these reports have beea arranged in alphabetical order throughout.
^0 tr. S. BUEEAIT OF STANDARD^,

INDIANA.

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

Mr. Miller reported the enactment of a law fixing standards for

hampers and baskets used for the sale of fruits, vegetables, and berries, to become effective November 1. He outlined the work of the

department, and stated particularly that his inspectors had found

that the standard-weight bread-loaf law was receiving the support of

the bakers and was being almost universally observed.

LOUISIANA.

By J. N. Siren, Sr., City Inspector of Weights and Measures, New Orleans. Mr. Siren spoke of the methods employed in examining gasoline

dispensing devices, pointing out the necessity for frequent inspections

on the part of the official and daily tests by the operator if accurate

deliveries are to be maintained at all times.

MASSACHUSETTS.

By M. F. Gloster, State Inspector of Standards.

Mr. Gloster gave a detailed summary of the new weights and measures legislation enacted by the last legislature. This includes laws

relating to methods of sale of and quality of coal, to notice by sealers

to those using commercial apparatus, to transient vendors, and to

peddlers. He stated that many other bills had been introduced but

had failed of passage.

MICHIGAN.

By L. P. Strong, Chief, State Division of Weights and Measures. Mr. Strong reported that the last legislature changed the Michigan

weights and measures law by eliminating the word "knowingly" in

the definition of certain violations, thereby making successful prosecutions possible. He briefly described the organization of the department and commented upon a coal survey made last fall.

MINNESOTA,

By R. F. Barron, State Commissioner of Weights and Measures. Mr. Barron reported that the mechanical condition of commercial

weighing and measuring devices examined during the past year was

substantially the same as for the previous year. He outlined the

year's legislative program, which was unsucessful, and announced

the formation of an active State association of weights and measures

officials.

NEVADA.

By S. C. DiNSMORE, State Sealer of Weights and Measures. Mr. Dinsmore reported the enactment of a public weighmaster law

and of a law providing for the standardization of containers for and

the grading of agricultural products. He also described work being

done in relation to shrinkage on butter and on bread, and outlined,

in general, the activities of his department.
SIXTEENTH ANNUAL CONFEBENCE ON WEIGHTS AND MEASURES. 21

NEW HAMPSHIRE.

By H. A. Webster, State Commisioner of Weights and Measures. Mr. Webster spoke, in general, of the work of his department,

particularly emphasizing what had been accomplished through re- strainmg the activities of dishonest or careless dealers. He also

reported the recent passage of a law fixing a standard box for farm

produce sold at wholesale or retail.

NEW JERSEY.^

By J. Harry Foley, State Superintendent of Weights and Measures. Mr. Foley summarized the accomphshments of the department for

the past year, pointing out that both tests of commercial apparatus

and reweighings of packages established new records for the departrnent. He noted the failure of the legislative program, which included

bills for standard-weight bread loaves and for the sale of dry commodities by weight, but stated that these bills would be reintroduced at

the next legislative session.

PENNSYLVANIA.

By William B. McGraby, Chief, State Bureau ofStandards.

Mr. McGrady outlined the provisions of certain bills introduced into

the legislature but not yet definitely acted upon. He presented a detailed summary of the work done by State, county, and city inspectors in Pennsylvania and commented upon the excellent results being

achieved by these officials.

RHODE ISLAND.

By William F. Goodwin, State Sealer of Weights, Measures, and Balances.

Mr. Goodwin reported that for some years his department and the

various city departments had been operating very satisfactorily with

practicall}^ no changes in personnel, although recently a number of

changes had occured among the city officials. He said that during

the past winter considerable attention was given to the coal situation.

SOUTH CAROLINA.

By A. H. GiBERT, Jr., Chief State Inspector of Weights and Measures. Mr. Gibert reported the enactment in his State of a new and comprehensive weights and measures code to replace a somewhat inadequate code previously in effect. He stated that the force of inspectors

is being gradually increased and commented upon the splendid cooperation being received from merchants and consumers and from the

press.

VERMONT.

By H. N. Davis, Deputy State Commissioner of Weights and Measures.

Mr. Davis reported that the appropriation for his department had

been reduced to $5,000 for the ensuing year, which would, of course.

I TWs report was read to the conference by A- W. Schwartz.
22 U. S. BUREAU OF STANDARDS.

seriously handicap the weights and measures activities in his State.

He also told of the failui-e of passage of two bills—one in relation to

the measurement of shingles and the other a standard-weight breadloaf bill. VIEGINIA.'

By Lawrence Paul, Chief, Bureau of Weights and Measures, Richmond, and IS.. H.

Mathews, City Sealer of Weights and Measures, Portsmouth.

Mr. Paul and Mr. Mathews briefly reported upon conditions in

their respective cities, the former describing the license system by

which his department is supported and the latter discussing the coal

and wood situation in his jurisdiction.

WEST VIRGINIA.*

By G. F. Dauqherty, State Commissioner of Weights and Measures. Mr. Daugherty reported two changes in the bushel list of his State,

the legal weights forpotatoes and buckwheat, respectively, being now

56 and 48 pounds. He also outlined the provisions of an unsuccessful bill for the enlargement of the functions and personnel of the

State department and briefly discussed some of the activities of the

department during the past year.

WISCONSIN.

By George Warner, Chief State Inspector of Weights and Measures- Mr. Warner announced that a standard-weight bread-loaf law had

just been enacted in his State and gave a detailed outline of its provisions. He reported that several other bills were under consideration

by the legislature, including two relating to the quality of coal and

coke, but these had not yet been finally acted upon.

(At this point, at 12.50 o'clock p. m., the conference took a recess

until 2.30 o'clock p. m.)

(At 1.30 o'clock p. m. the delegates assembled in the exhibition

room, where an inspection was made and demonstrations given of the

exhibits of the manufacturers of weighing and measuring devices.)

•These reports were presented by Mr. Paul and Mr. Mathews in the absence of a State delegate.

* This report, prepared by Mr. Daugherty, who was not in attendance at the conference, was submitted

by mail.
SECOND SESSION (AFTERNOON OF MONDAY, MAY 21, 1923).

The conference reassembled at 2.30 o'clock p. m., Dr. S. W.

Stratton, chairman, presiding.

SALE OF SERVICE ON" THE BASIS OF WEIGHT OR MEASURE.

By R. F. Barron, Commissioner of Weights and Measures, State of Minnesota.

Mr. Chairman, Ladies, and Gentlemen: The word "service" occupies a considerable portion of space in all standard dictionaries and with

its many applications affects a wide variety of our interests. Because

of its various shades of meaning it is listed among the words that

make the study of the English language difficult for a foreigner.

When a church announces a devotional program, it is called a service;

when a mortgage is not paid, the sheriff makes service of the foreclosure papers on the unfortunate delinquent; when war threatens,

service to country is the one thought in most minds; in time of fire,

flood, or famine our only idea is to render what service we can to the

sufferers; and in case a scale or pump fails to pass the test apphed

by the inspector, the service man hastens to the rescue. All of these

classes of service are at times discussed in terms of quantity; the

church services are too long; the service of the writ is too soon; some

even short measure in their service to country and fellow men ; and we

can recall a few instances where the measure of service rendered on

faulty scales and pumps was less than it should have been.

Over these indefinite variations of the weighing and measuring idea

we ask no jurisdiction, but there is one class of service that it would

seem might well be considered as within the scope of the inspector's

work. This class comprises such services as are offered to the public

at a price per unit of weight or measure. Going back to the origm of the weights and measures department

in Minnesota we find that the penal clause of the statutes, following

closely the wording of the model law approved by the annual conference, provides, in part that

Any person who shall offer or expose for sale, sell, or use or have in his possession a false scale, weight, or measure, or weighins; or measuring device, or use the same

in the buying or selling of any commodity or thing * * *, or shall sell or offer or expose for sale less than the quantity he represents or shall sell, offer, or expose for sale any such commodities in the manner contrary to law, * * * shall be guilty

of a misdemeanor * * *. Your attention is particularly called to the words commodity or

things, for on their meaning as interpreted by the courts and attorney general the case must rest. The law was enforced with gratifying success, inasmuch as prosecutions for violations of its provisions were almost invariably successinvolved this question of service, and the decision was adverse to the

department. The occasion for the finding was a charge brought

against a laundry concern which advertised and agreed to do family

washings at a stated price per pound. Complaints to the effect that

ful until the courts were which

23
24 U. S. BUREAU OF STANDABDS.

the concern was charging for a greater number of pounds than was

proper led to an investigation which disclosed that the patrons of the

laundry were being grossly overcharged; in other words, there was in

many cases a representation of a greater weight than was actually

laundered. The prosecution followed, and the able attorney for the

defendant established to the satisfaction of the court that no "commodity or thing'" had been sold, contending that the sale was one

of "service" not included in the provisions of the act. Not being convinced by that decision, several other cases of similar character were brought before different judges with the same

result, and the consequence is that up to this time we have no jurisdiction over this field of v/eighing and measuring activities. In addition to the laundry work mentioned, we have received well-founded

complaints relative to the threshing of grain by the bushel, transportation of commodities by weight, excavating wells on a basis of cubic

yardage, and cleaning rugs at a price per square yard. Other cases

in point will readily occur to all of you. I understand that officials

in some States, working under a similar law, have secured convictions

in such cases, probably because the judges were more liberal in interpreting the statutes or because the novel point of the defense has

not been raised.

Inasmuch as at that time, and, in fact, at all times since, the Minnesota department has had slightly more than twice as much work as

it was possible to do, this field was temporarily passed in favor of

what were then more pressing matters. Within recent years, however, the great increase in the practice of sending family washings to

be laundered on the weight basis has led to a proportionate increase

in the number of complaints relative to overcharge.

Without any hope of a favorable response, but with the idea of

legislative action to remedy the trouble, the attorney general of the

State was called upon to render a decision in two of the complaints

which we had investigated. The answer covers the legal aspects of

the case so thoroughly that I am giving it in full,

April 29, 1921. Department of Weights and Measures,

Old Capitol, St. Paul, Minn.

Gentlemen: You inquire if the following cases constitute violations of section

4616, G. S. 1913:

1. A contracts with B to have laundry work done at 6 cents per pound. A sends

22 pounds of laundry and receives a bill for 25 pounds at 6 cents, or $1.50, an over- charge of 18 cents.

2. A contracts with B to have a rug cleaned at 30 cents per square yard. A sends a rug 8 by 10 feet (containing a little less than 9 square yards) and receives a bill for $4.20, an overcharge of $1.50. In my opinion it is doubtful if a prosecution under the provisions referred to would

be upheld by the courts. What is really sold or offered for sale in either case is "service."

It is true that under some conditions and for some purposes "service" may be

treated as commodity. It is also true that in one case the "service " is measured by

the weight, in pounds, of the commodity upon which the service is rendered, and in

the other by the area of the commodity in yards. But it remains "service," the

weight and area being used only for computation.

Section 4616 is the penal portion of the statute relating to

' ' weights and measures.'

The only phraseology touching the case seems to be "or shall sell or offer or expose for

sale less than the quantity he represents."

The gist of this act is the prevention of the use of incorrect instrumentalities or the use of correct instrumentalities in an improper manner, in connection with the

sale, or offering or exposing for sale of " commodities or things." (State v. Peoples'
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 25

Ice Co., 124 Minn. 308-313.) There is language in the case above cited, which, if the

word "quantity" can be held to mean "quantity of service," would indicate that a

prosecution might lie. This provision is, however, the creation of a statutory crime. The courts are properly cautious in enlarging the meaning of penal statutes by construction, and I doubt if the court would go so far as to hold that "service," although computed on

the basis of weight or measurement, is within the provision of the law.

Prior to the enactment of the 1911 law the elements necessary to constitute the

offense included knowledge and unlawful intent on the part of the defendant. These

elements were stricken out in the 1911 act, and " the things there penalized are mala

prohibita, pure and simple, of which, in the contemplation of the law, intent to defraud or commit wrong is not ah element." (State v. Peoples Ice Co., supra.)

This would seem to possibly present an additional reason for not extending the

application of the law beyond its clear meaning. If a prosecution would lie in the

cases presented, it would seem to lie in any case where the price or compensation is computed upon the basis of weight or measure; e.g., a contractor agrees to dig a ditch

for a price per rod and digs 50 rods and turns in a bill for 100 rods; or the same situa- tion with respect to cubic yardage.

The cases presented, if knowledge and unlawful intent can be shown to be present,

may be subject to prosecution unaer the larceny statute, for obtaining or attempting

to obtain money or property by false pretenses.

Personally I would like to see the matter tested in court, but until the statute has

been construed by the courts the above is my opinion.

Very truly yours, Albeet F. Peatt,

Assistant Attorney General.

The suggestion that the only remedy lies in a prosecution under a larceny statute, which requires proof of knowledge and unlawful intent,

might be worthy of more consideration did we not know from previous

experience that it is practically impossible to furnish such proof in

any weights and measures cases. The opinion, however, paved the

way for the introduction of an amendment to the law, and at the

recent session a bill was introduced so to amend the act of 1911 as

to make it read as follows

:

Any person who shall offer or expose for sale, sell, or use or have in his possession a false scale, weight or measure, or weighing or measuring dexdce, * * *, or shall use the same in the buying or selling of any commodity or thing, or in the computation

of any charges for services rendered on the basis of weight or measure, * * *, or shall

sell or offer or expose for sale less than the quantity he represents of any cominodity,

thing, or service, or shall sell or offer or expose for sale any such commodities in a manner contrary to law * * * shall be guilty of a misdemeanor.

This bill passed the lower house without opposition, but was caught

with hundreds of other acts in the rush of the latter days of the ses- sion and was never reached by the senate. Still believing that it is just as important that the public should receive a fair weight on service as on sugar, the bill has been carefully filed away to await the

next session, when it will be brought out, dusted off, and again presented to our legislators for their consideration.

Before closing I wish to say that it has not been my idea to convey

the impression that all or an unreasonable proportion of the laundrymen are dishonest—far from it. We do not think that the percentage of fraudulent weights in that business is any higher than m other

lines, which is to say that the vast majority of laundr}Tiien are honest.

Laundry work has been chosen for this discussion because of the general interest taken in the subject and because it offered a ready illustration of the class of service we had in mind. The honest laundrymen welcome the scale inspection and supervision because thej

realize that it brings to them an assurance of accuracy in their
26 U. S. BUREAU OF STANDARDS,

business and a freedom from unfair competition that can only be

beneficial, while at the same time it means a square deal to the public; and the accomplishment of these three objects, when all is said

and done, is the final goal of weights and measures activities.

THE WEIGHING OF COTTON.

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

Mr. Chairman and gentlemen: In my section of the country the

weighing of cotton and the testing of the scales used for this purpose

are very important functions of the work of the weights and m easures

official, since in Louisiana cotton is a very important crop, and the

port of New Orleans ships many millions of pounds yearly.

Cotton in bales is weighed on a beam of the steelyard type, equipped

with chains and hooks suitable for seizing the bales. The beam

has detachable poises and is usually of 700 or 800 pounds' capacity.

When in use, the beam is usually hung in a light but strong wooden

framework equipped with downhauls, by means of which the beam

may be raised, and the bale of cotton attached thereto may be swung

clear of the ground and held in this position to enable the weighing

to be made. The whole equipment may be carried about from place

to place without much difficulty, and in practice it is often carried

from place to place to facilitate the weighing.

In testing these beams they are set up in the frames in the manner

in which they are normally used. Fom- 50-pound test weights are used as the initial load. These are placed on the hooks, the poise is placed on the scale, the beam and weights are raised and held in this

position by means of the downhaul, and the degree of accuracy of the

beam and poise determined at this load. An added weight test is then

made. A bale of cotton is engaged in the hooks and swung clear, and

its weight is carefully determined. The beam is then lowered and four

50-pound weights are placed on top of it. This total load is then raised

and the weight ascertained. If the beam is correct, the weight indicated will be 200 pounds greater than the weight of the bale of cotton formerly determined, within the tolerance allowed on a load of

200 pounds.

By the means of this test we determine the accuracy of the beam

over two portions of its range. It would be very difficult to use any

other type of scale than this in the weighing of cotton. Were a dormant scale to be employed it would be necessary to place each bale

of cotton on a heavy truck of known weight and wheel it across the

scale platform. Such a method would consume more time than the

one I have described above.

The Chairman. If there are no questions, we will pass to the next

paper on "Fraudulent practices—How we discovered and eliminated

them," by J. C. Tinkey, assistant chief inspector of weights and measures of the State of Ohio.

Mr. HoLBROOK. Mr. Tinkey was to be present this afternoon but

he has not arrived as yet.

APPOINTMENT OF COMMITTEBS.

The Chairman. The committee on resolutions will consist of Mr.

Miller, of Indiana; Mr. Dinsmore, of Nevada; Mr. Roberts, of the
SIXTEENTH ANNUAL CONrEKENCE ON WEIGHTS AND MEASURES. 27

District of Columbia; Mr. Barron, of Minnesota; and Mr. Worden, of

Highland Park, Mich. The committee on nominations will consist

of Mr. Cluett, of Chicago; Mr. Schwartz, of New Jersey; Mr. Warner,

of Wisconsin; Mr. Egan, of Connecticut; and Mr. Payne, of Monroe

County, N. Y.

Is there any other business which comes before the meeting this

afternoon ? (It was moved and seconded at this point that the conference

adjourn. The question was taken, and the motion was agreed to.)

(Thereupon, at 3.45 o'clock p. m., the conference adjoiirned to meet

at 10 o'clock a.m., Tuesday, May 22, 1923.)
THIRD SESSION (MORNING OF TUESDAY, MAY 22, 1923).

CITY AND COUNTY DAY.

The conference reassembled at 10.30 o'clock a.m. at the Bureau of

Standards, Dr. S. W. Stratton, chairman, presiding.

The Chairman. This is the day set aside for the discussion of matters especially pertaining to local sealers of weights and measures,

county and city sealers. You remember we decided last year to set

aside a day for that purpose.

COOPERATION BETWEEN STATE AND LOCAL WEIGHTS AND

MEASURES DEPARTMENTS.

By August Lutze, Sealer of Weights and Measures, Sheboygan, Wis.

In Wisconsin, as perhaps in some other States, the statutes demand

a certain amount of cooperation between State and city departments,

and while this compulsory cooperation is really not interwoven directly

with the subject assigned to me it may be in order to mention it,

since it forms, to some extent at least, a stepping stone between the

two departments.

The Wisconsin statutes require that the State superintendent of

weights and measures shall issue regulations for the guidance of the

sealers of weights and measures; that he shall prescribe the tolerances

to be permitted on weighing and measuring devices; and, further,

that he shall compare and verify the standards used and owned by

the cities with those of the State.

On the other hand, the statutes of Wisconsin prescribe that the

city sealer shall file a quarterly report, sworn to, with the State

superintendent of weights and measures; and there is one very specific

statute which demands immediate cooperation between city and

State, and that is the law applying to the testing of milk bottles.

If the bottles which have been tested are found to be in excess or deficiency of the required and prescribed tolerances, the law provides

that this fact shall immediately be reported to the State superintendent of weights and measures. As stated before, this cooperation is mandatory, and I mention it only with a view of leading over to the real voluntary cooperation

which should exist between the two departments, and I shall endeavor

to give you my ideals on that subject.

Webster defines the word "cooperate" as " acting or operating

jointly with another or others; or to concur in action, effort, or effect."

Cooperation, therefore, between State and local weights and measures

departments should be everything that its meaning implies.

In speaking on this subject, I must necessarily confine myself to

my own experience as a local sealer of weights and measures and in

this manner try to convey to you the absolute necessity of the pres- ence of the interlocking link between State and city departments.

I have necessarily assumed that the State laws are such as WQuW

28
Sixteenth annual conference on weights and measures. 29

empower the State and city departments to do the things that I outline.

I shall first present to you the cooperation a city has a right to

and does expect from a State department, and then the cooperation

a State department has a right to expect from the city.

There are four essential factors which a city looks forward to from

a State department.

First. Tnat the State depactment shall determine upon the qualifications necessary for the man who is to assume the responsihihties

connected with the office of sealer of weights and measures. Second. That the best qualified man be recommended by the

State department to the appointive power, usually the mayor of a

city.

Third. When the ofl&cial has been named, the State department

should train the man in his work.

Fourth. When the State department has satisfied itself of the rehability and capability of the new local ofiicial, it should keep itself

informed as to whether the local official is keeping abreast of the progress and advancement of weighing and measuring appliances and

weights and measures work.

Returning now to the first factor of cooperation expected from a State department, " that it shall determine upon the qualifications

necessary for the man who is to assume the responsibilities connected

with the office." This can easily be accomplished by the State department preparing the questions for the examination and, in addition to

this, having a representative from its department conduct an oral

examination of all applicants. The oral examination especially will

prove a great factor in securing the best man. After having decided

on the best qualified applicant he should be recommended by the

State to the appointive power, this usually being mayor of a city.

The third factor speaks for itself. When the official has been appointed, the State department should take him in hand and train him.

He should be trained to the customary uniform methods employed

by the State in making tests and enforcing the law. Personally, I want

to state that I am grateful to the State department of the State of

Wisconsin for the training it gave me during the early period of

my work. This training is the foundation upon which all future

work will solidly rest, and a city which pays for this work has every

right to expect it to be sohdly founded and so bring about the desired

results.

The fourth factor, "when the State department has satisfied itself

of the reliability and capability of the local official, it should keep

itself informed as to whether the local official is keeping abreast of

the progress and advancement of weighing and measuring appliances

and weights and measures work." This does not necessarily mean

that the State have a man following up on a local inspector's work

without knowledge of the latter; that would be dangerous. A State

department should withhold no information from a city sealer as to

his work. It should be open and frank in its criticisms as well as its

commendations. It should at all times make the city ofiicial feel

that it has no feehng of distrust toward him, but rather one of full

confidence. With these relations established, there need be no doubt

in the mind of a State department but that it will receive all the

cooperation from the city sealer, which I shall refer to a little later.
30 U. S. BUREAU OF STANDARDS.

It will be a fairly easy matter for a State department to note from

the correspondence, reports, and other activities just what the local

inspector is doing, how he is handling his work, and with what success he is meeting. A State department should never become vexed

if a local man keeps its stenographers busy, but should be ever ready

to lend him a courteous and willing hand, giving him the full benefit

of all of its knowledge and experience. And, finally, the State

department should call in, annually if possible, for conference all of

the local weights and measures officials and discuss with them all of

the problems which are always to be contended with in weights and

measures work. Here will be the real opportunity for observation,

and if the State department is satisfied from its observations it has

then done its full duty of cooperating with a city.

The Wisconsin Weights and Measures Association, which meets at

the State capitol annually, has been successful in bringing about

the best of cooperation between State and city departments. Prior

to its meeting the executive committee meets and draws up the

tentative program, which, when decided upon, is turned over to the

State superintendent of weights and measures for his approval. The

program always represents subjects of vital interest to sealers of

weights and measures, the subjects themselves usually being recommended by the latter. This means that all important problems can

be properly presented and discussed. During this discussion the

State department can make its observations as just stated and form

its own conclusions as to the standard of efficiency being maintained

by the city sealers.

The State superintendent after having approved of the program

then shows his cooperation by sending out notices to the adminstrative heads of the cities, urging them to send their representatives to

the conference, impressing the necessity of such attendance as an

essential requisite to the successful operation of a city's weights and

measures department.

So much for the cooperation expected from a State department.

Now, let us consider the cooperation due the State department from

a local sealer of weights and measures. The local sealer of weights and measures nine out of ten times is an imtrained man, a man without experience, and in most instances

without technical or practical training. He has gathered aU his

knowledge of the subject from the laws of the State and the book of

regulations issued by the State department. He has been permitted

to avail himself of the privilege of securing all information as to the

qualifications and work connected with the office by communicating

with the State department and with their assistance has been able

successfully to pass an examination and receive the position he has

been desirous of obtaining. If for no other reason, out of common

decency and respect he should be ready at all times to cooperate

with his superiors.

He should be a careful observer when he receives his initial instructions and never deviate from them. Uniform methods of test and

laAv enforcement are a great essential in the successful operation of

his work, and this is the first factor in which the State department

tries to educate the local official. If the local inspector finds a condition which puzzles him, he should not commit himself, either by
SIXTEENTH ANNUAL. CONFERENCE ON WEIGHTS AND MEASURES. 31

word or act, but consult his State department as to the proper course

to follow.

We have often heard at conferences the remark, "If you have an

unusual condition confronting you, use your common horse sense and

decide it." I should reply to that, "Go for help to the man who has never let his horse sense run away with him, but has always applied

it in such a manner that there could never be a ' come back. ' " And

this man is the State superintendent or his trained assistant.

I would like to relate to you an exp)erience I have had to bear me

out on the good which results from cooperation between State and

city departments. In the early days of my work it happened that

I had a prosecution and before the case was called my attorney

called me aside and said to me, " Now Lutze, this fellow is ready to

plead guilty, but he thinks the fine of $25 and costs a little too stiflp, Dut he would be willing to compromise on $15 and costs. What do

you think about this for a settlement ?" I replied, " I don't know as

it is within my province to compromise in this matter, but I'll tell you what I'll do. I'll call up the State superintendent of weights

and measures and ask him what he thinks about it." And so it was

agreed that I call up. When I got in touch with, or rather within

speaking distance of the "venerable, young, old gentleman," who

still at this time is in charge of our State department, in a clear, firm

voice, he replied to me, "Mr. Lutze, it is your duty to enforce law,

not make law. The matter of fine is up to the court." Well, I learned a real lesson right then and there. I gained a point with

the court, and I have never since been placed in a position where I was asked to compromise. Not having established a bad precedent,

there was no danger of it ever being used against me.

The local sealer should be a keen student and observer in the

territory intrusted to him. It often is the case that within his particular territory there are certain manufacturers or other institutions

using or manufacturing articles, machinery, or goods which play a prominent part in weights and measures work. He should make a study of these and inform and keep informed his State department

as to his opinions and conclusions, so that they, in turn, may be in a position to advise others. In other words, let the State department

be the "clearing house" for the solution of any and all problems

which may arise. I have always felt that after discovering some defect or discrepancy

while engaged in mechanical or supervisional work it is a better

poUcy to report defects or discrepancies to the State department

than it would be to communicate with a manufacturer direct or with

the local sealer of weights and measures in whose territory the article

is made; and for this reason, if the defect or discrepancy is of a

serious nature, the State department can bring immediately greater

pressure to bear on the manufacturer or merchant than can the local

sealer of weights and measures, and at the same time the State

department can immediately notify, by circular letter, or otherwise,

all of the officials within the State, and by having the cooperation

of all the trouble can be eliminated in a very short time.

Let me cite to you just one instance of how this works out. A

few years ago there appeared in one of our daily papers an editorial

that it was rumored that, for some reason or other, the Michigan
3^ tr. S. BUREAU OF STANDARDS.

grape growers were dissatisfied, and in order to gain their point they

were going to ask the basket manufacturers to increase the thickness

of the bottoms of the baskets. The first thing I did was to reply to

this editorial, advising merchants and consumers of the regulations

applying to this particular container, and the next thing I did was

to advise the State department of the facts. In a few days I had a

letter in reply advising me that this was first-hand information, and

along with this letter came a copy of a letter addressed to the chief

inspector of the State of Michigan, informing him of the facts and

asking his cooperation in enforcing the law on this particular container. In checking up later on, when the fruit began to arrive, I found no baskets of illegal size, and while it may have been only a "newspaper flash" from the very outset, quick cooperation showed

all concerned, that the weights and measures men were on the Job.

And so, all in all, we come back to the application to our work of the

definition of the word "cooperation"—acting and operating jointly

with one another. Let there be at all times uniformity in action,

effort, and effect. Strictly adhering to this principle, the State

department will see a fulfillment of the work it has been intrusted

with, and the local weights and measures department will discharge

its duties to the satisfaction of the State department, and more particularly to that of the community, by which it has been intrusted

with so important a task.

DISCUSSION OF ABOVE PAPER.

The Chairman. I want to say that the subject of this paper is a very important one. From the very beginning of this conference we

have been very much interested in the relation between the State

and the city sealer. In fact, we saw that in the end the State oflBcial

would be the organizer and instructor of the city officials and county

officials. This is an indication that you are thinking of that, and

the subject is one on which we should have free discussion. Are

there any remarks on Mr. Lutze's paper?

Mx. Egan. I would like to say in that connection that, as far as my experience goes, I feel it would be presumptuous on the part of

the State sealer to indicate to the mayor of a city who his city sealer

should be. I doubt if we would have much success in that line,

especially in Connecticut. The authority to appoint the city sealer

is vested in the mayor. They are independent of any State authority in that respect.

Mr. LuTZE. Mr. Chairman, in Wisconsin we are entirely under

civil service. All we have accomplished is because of that fact,

because we have been able to work unhampered. No political

machine can undermine our work, and we feel that to be an ideal

condition. That is why I emphasized the recommendation as to

appointment.

The Wisconsin law provides that applicants for the position of

sealer shall take a civil-service examination; after this examination

the State civil-service board furnishes the mayor a list of the three

highest. Invariably the man chosen is the man who heads the list, I also stated in my paper that it was assuming that the city had a

right to do it in the way I had outlined. It is merely an ideal on

my part. I feel it to be as fair as possible.
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 33

Mr. Egan. Mr. Chairman, I take no exception to this paper. I am

only stating what I understand to be a common practice. In my

own State I have in mind the appointment of two city sealers within

the last six months or year, ana there was no intimation from me as to who should be appomted. We have, however, advised mayors of

cities of the importance and the value resulting from their officials

attending these conferences. We volunteered that information with

the feeling and idea that it was within his official power and authority to make the appointment. I can not recall that any mayor has

neglected, when so informed, to urge the attendance here at this con- ference of the city sealer.

Mr. McGrady. Mr. Chairman, in relation to cooperation between

the State and the city and county sealers, I may state that in Pennsylvania the law specifically states that all city and county inspectors

of weights and measures shall be appointed by the respective mayors

or county commissioners, but they shall all be under the jurisdiction

and rules and regulations laid down by the bureau of standards of

Pennsylvania. Quite frequently throughout the year questions arise

on certain points that are referred to the bureau of standards, and

we make a ruling on that particular point. In that particular we

try to conform to the recommendations of the National Bureau of

Standards, and we have hearty cooperation by having a uniform

system.

Mr. Miller. Mr. Chairman, we have a somewhat different arrangement in Indiana. We have civil service. The law requires that all candidates for appointment for city or county sealers must first

appear before the State conunissioners and take an examination in

order to be placed on the eligible list. From this list the coimcil of

the city or board of commissioners of the county appoints the man,

usually acting on the questionnaires. It does not necessarily appoint

the man receiving the highest grade on the examination, but a man

must be appointed from this list established by the examiaation

given by the State commissioners. We have about 45 city and

county sealers, and their cooperation has been very satisfactory.

As was stated a while ago, most of these men after they are appointed are free from any restraint after they go into oflB.ce, and

they give good service.

Mr. HoLWELL. Mr. Chairman, in the State of New York we have,

of course, a number of large cities. These cities have been granted

a measure of home rule. All inspectors of weights and measures in

these cities are civil-service appointees taken from the eligible civilservice list. In the city of New York, for instance, while we have

practically complete authority in our work, I might say, for my own

part we have at all times cooperated with the State sealer of weights

and measures. There has been no jar or conflict at any time. Certainly the city and county officers have cooperated with him, and,

as far as I can see, it has been very harmonious, and, speaking very

decidedly in this matter, as the movement grows you will find that

the duties of the State oflScer includes a great deal more than at

present. I have always felt that the State officers will take up the

more important commercial standards and some manufacturing

standards, if they would be of maximum assistance; already I think

there are some States now where they are testing thermometers and

things of that sort. Standards of quality are steadily being taken

76317—24 3
34 U. S. BUKEAU OF STANDARDS.

up and regulated; also, in the matter of governmental purchasing,

the question of quality is an important one. The standardizing of

quality will put competitive bidding on a sound foundation, and

that is where the weights and measures officials will be called on to

help.

Mr. Gloster. In Massachusetts we have an arrangement somewhat similar to that outlined in Mr. Lutze's paper. All cities and

towns, by law, must have a sealer of weights and measures. When

the jurisdiction has less than 10,000 inhabitants the civil service

commission does not step in: but when the population is over

that, selection by civil-service is compulsory, and there must be a competitive examination for the position. Whenever there is an

eligible list already established some one on that list is chosen. An

attempt is made to have at all times an eligible list, so that the

sealers in Massachusetts are all under civil service in towns of 10,000

and over. The State inspectors are likewise classified by civil-service

rating, so that politics does not enter in any shape or manner.

Mr. Holwell spoke of clinical thermometers. Massachusetts will not

allow them to enter unless they have received a test at the State

department of standards.

The Chairman. There is a decided and growing interest in this

matter.

THE ORGANIZATION AND CONDUCT OF CITY AND COUNTY

DBPAKTMBNTS OF V^TEIGHTS AND MEASURES.

Remarks of William F. CLtJETT, Chief Deputy Inspector of Weights and Measures,

Chicago, III.

In the city of Chicago we put our main efforts on the inspection

of weighing and measuring apparatus used to weigh or measure foodstuff, dry goods, coal, hay and feed, building material, gasoline, etc. Our inspections are made at the stores or places of business where the

apparatus is used.

In order better to systematize the inspection and testing of weighing

and measuring devices used in the city of Chicago and the investigation of the accuracy of the weights delivered, tlie city has been divided into four districts.

We make no inspection of pharmaceutical balances and glassware, nor do we have specially assigned investigators for making any special

tests with the exception of gasoline pumps and taximeters. While

we appreciate the necessity of inspections of this character being made,

the department is too short-handed to cover all lines of work.

We have 2 single wagons and 2 Ford trucks with 3 inspectors on

each. Each vehicle carries twenty 50 -pound test weights, one 25-

pound, two 10-pound, and one 5-pound weights for testing the heavycapacity scales. They also carry a small set of test weights running

from 8 pounds down to

^

ounce, 1 set of standard liquid measures

from 1 gallon down to 1 gill, one 4-ounce glass graduate divided

in drams, 1 standard yard measure, one 4-yard ribbon for testing

fabric measuring machines, in addition to seals, tools, and other

necessary equipment.

All scales, weights, and weighing and measuring devices are inspected and tested once annually, except scales of a capacity of 3 tons

or over, which must be inspected once in each six months. Whenever
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 35

a scale or measure does not test out within tolerance it is marked

"condemned" and the owner or user is told by word of mouth, and

a printed notice is also left stating that the scale or measure is con- demned and must be removed from the counter and no further use made of it until after it has been repaired, which must be done within

10 days from the date of condemnation, and our office notified

that the scale is ready for resealing. In case the scale is replaced with

a new one, this scale must be inspected and sealed by us before any

use is made of it. We return after the expiration of 10 days, if we

have not been notified to return earlier, and reseal or confiscate and

prosecute where our notice has not been complied with. The men

assigned to these districts test all scales and weighing and measuring

devices used in their district, except taximeters and pumps used at

filling stations and garages, which are inspected by specially assigned

inspectors. In addition to their inspection work these men carry

report slips, wherever they find a dealer using scales that are fast in

balance, or packages of commodities put up in advance of sale that

are short in weight, a report is made out and the dealer left a notice

to report to the office to explain why the violation occurred.

We run four Ford cars with two inspectors in each who are assigned

to certain districts to follow up and reweigh deliveries made by coal,

hay and feed, and building material dealers, and vegetable, ice, and

junk peddlers. These inspectors carry report slips, which must be

filled out giving a detailed report of each weighing made by them.

Whenever a violation of the weights and measures ordinances is found

a card is left with the driver to be given to his employer instructing

him to call at our office and explain the violation. If the violation

is minor or technical, the dealer is let go with the explanation of

the requirements of the ordinances and a warnmg against a repetition

of the offense. If the violation is flagrant, a suit is commenced and

the dealer is brought into court on a summons.

The deputy inspectors all have police power, but make no arrests

unless it is a case of obstructing, hindering, or interfering with them

in the performance of their duties, or where they find an itinerant

peddler violating the ordinances who has no hcense and they can not

be sure of the name and address given them being correct. An

arrest is made under these circumstances. The inspectors also

impound all necessary articles for use as evidence. An attorney's

docket is kept in the office, giving all details in court cases and the

disposition of same. These investigators are changed around frequently from one district to another in order that they do not become

so well known to the drivers and dealers as to destroy their efficiency.

Whenever discrepancies are found in weights of loads weighed over different scales a test of the scales is made before any suit is commenced.

We also have two inspectors on foot who make purchases and in vestigationsinstores. Where purchases aremadein stores before any reweighing is done, the balance of the scale is noted, and if it is out of bal- ance the scale is properly balanced before the purchases are reweighed.

The weighing is done on the same scale originally used. Where the

dealer has two or more scales, the balance of each is noted, and a comparative test is made by weighing some article on each of them.

No test weights are carried'by these investigators. A very complete

and detailed system of records is kept by the department of every

inspection or investigation made. In addition, a pamphlet contain-
36 U. S. BUREAU or STANDABDS.

ing a synopsis of the ordinances and a brief explanation of them is

left with the dealers.

Equipment that we have found especially helpful in carrying out our inspection work is a revolution counter attached to gearing and

a shaft operated by an electric motor used in proving the accuracy

of taximeters and also a simple lever used in lifting weights in testing ice scales submitted to the office. For this work we had three

100-pound test weights made in order to give ice scales a capacity

test. We believe that the system we have inaugurated for the inspection

and testing of apparatus and the follow-up system of purchases and

reweighings with our detailed system of records affords protection to

both the purchasing public and the honest dealer, and with additional

help and equipment we could make the shoit-weight artist in Chicago

as scarce as Irishmen in Jewish graveyards.

Remarks of William Foster, Sealer of Weights and Measures, Springfield, Mass.

Mr. Chairman and gentlemen, I have been requested to contribute

a paper outlining the procedure followed in conducting the department of weights and measures in the city of Springfield, Mass., and in

compliance with that request I am pleased to submit the following:

The population of the city of Springfield at the last official census

in 1920 was 129,513, and now is approximately 140,000; consequently

the force in the department of weights and measures is small compared

to a metropolitan city, although there are some cities of nearly the

same size as Springfield where the force is nearly double the number

in Springfield. Our force is composed of a sealer, two deputy sealers,

and a clerk. Each of the deputies is furnished with a runabout automobile (Ford type) to carry all equipment for testing and sealing,

with the exception of heavy-capacity scales, which include truck,

team, and heavy-capacity dormant scales. These are tested and

sealed early in the summer of each year, when an automobile truck is hired with a driver and helper to handle the test weights at the

direction of the sealer or deputy. Later, inspections and tests are made from time to time as circumstances seem to warrant, and by that

I mean that it is a well-known fact that some scales need more offi- cial attention than others.

The deputies' field equipment consists of 1 set of grip handle

weights, composed of one 20-pound two 10-pound and one 5-pound

weights in an oak carrying box; 1 set of cuoe weights, composed of

three 2-pound, one 1-pound, and the fractions of a pound to onesixteenth of an ounce; 1 set of nested liquid measures ranging from

1 quart to 1 gill; 10-pound capacity balance in carrying case, together

with the numerous small tools, seals, etc., necessary for the work;

and 2 or more 50-pound test weights. With this equipment the

inspector is able to test any ordinary device in mercantile establishments or factories. No repairs outside of minor adjustments are made by any official of the department, and no charge other than

the legal sealing fees are collected.

The work of sealing starts on January 1 , and we mean to have the

same completed by the close of the fiscal year, which is November 30.

AU records are kept in accordance within the fiscal year, which is

from December 1 to November 30. A report of all work done dm-ing
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 37

the fiscal year must be in the hands of the director of standards of

the commonwealth by December 10, and an annual report is also made

to the mayor. For this latter, no definite time is fixed, but it is submitted during the month of December.

On January 1 advertisements are placed in the daily papers, in

accordance with the statutes, and the work of sealing begins. One

deputy is assigned to the wholesale district, covering all devices in

said district, wholesale, retail, or manufactering, and the other deputy

at the same time does the drug and jewelry stores all over the city

from a list of locations kept for that piu-pose. When this work is

completed, the work in the stores, markets, and manufacturing concerns is started. Using certain streets for boundaries, the deputies

take street by street in the same general direction and cross streets

intersecting them until the entire city has been covered. In addition,

rewei^hing and inspecting is done at all times, such as peddlers,

weighmg of coal in transit, and reweighing of commodities put up for

sale.

The gasoline pump has come to be one of the devices demanding a great deal of time and attention. The work of testing and sealing is

done by beginning about the first of May and continuing until aU

have been completed. Frequent repairs, replacements, and new

installations require almost constant attention. New installations are not sealed immediately after being completed, but are allowed to

stand unused for a time after the mechanic has completed his work,

thus giving the sealer an opportunity to observe whether or not there

is a leakage to and what extent. These tests are made with standard

measuring cans, graduated in the neck in cubic inches. A set of five cans is used, one can for each quantity the pump is designed to

deliver. Sufficient tests are made at each quantity stop and at the

capacity of the pump to satisfy the sealer as to whether or not the

pump is delivering correctly and consistently. In sealing gasoline

devices lead wire seals are used on all stops and other sealing points,

secured by a seal press on which "S. P. D.," the official seal, is on

one side and the year on the other side. _ At one of the seafing points,

most conspicuous, an "approved" aluminum seal is used on which is stamped the official letters, the month and the year in this maimer:

"S. P. D. 5-23." This is attached with a lead wire seal as above

described.

These aluminum seals are also used on all devices where paper seals

would be impracticable, such as junk, ice, and vegetable peddler's

scales, and we find it good poficy to use them on truck, dormant, and

portable platform scales, as the danger of their becoming detached is much less than with the paper seals. All metal seals are marked with

the month and year, so that upon future inspections it may readily be

determined when the device was last sealed. This also applies to

paper seals, but, in addition, on the latter the name of the official who

attaches the same is written in ink. The printing of the name of the

official on seals should never be countenanced for the reason that

they might be used by unauthorized persons if by any chance they

should come into their possession.

In Massachusetts only seals previously approved by the director of

standards of the Commonwealth may be used by any sealer. In

paper seals the colors red and green alternate each year; red bemg
38 U. S. BUREAU OF STANDAE.DS.

used in the odd numbered years and green in the even numbered

years.

In accordance with the provisions of the statute, what are known

as State standards are provided, consisting of a set of avoirdupois

weights ranging from 50 pounds to one-sixteenth of an ounce; a set

of dry measures ranging from one-half bushel to one-half pint; one

set of liquid measures ranging from 1 gallon to 1 gill; one balance;

one yard measure; the meter; the kilogram; and the standard troy

weights and metric weights designated by the director of standards,

which now consist of one set of each up to 2 drams and 50 grams, respectively. They are tested and sealed by the State department. Standards are used only for the purpose of comparing working equipment

and are never used as working equipment. A record is kept of the

dates of comparison of the working equipment with the standards.

All working equipment is compared at least once each year, and some

of it much oftener.

Each deputy carries in his kit what is termed a field book, numbered consecutively, beginning with number 1 on December 1 each

year. These books are printed and numbered 100 pages in duplicate,

with a place for the name and address, date, and place of business,

kind of device sealed, and amount of fee for sealing. They are ruled

in columns for adjusting, sealing, nonsealing, and condemning, amount

of fee charged for each, total amount received, and remarks. The

duplicates are printed on colored paper on which a carbon is used

and are perforated, to be torn out and given to the party for whom

the work is done, the sealer or deputy sealer signing the receipt for

the fees, and also signing this statement; "This is to certify that I have this day tested, adjusted, sealed, or condemned the abovedescribed articles, according to the provisions of law." Office books

of the same style and makeup but numbered in a different series are used for the work done in the office. This method gives an account

of the sealing work done daily by each deputy. When the book is filled, it is turned into the office, checked up and certified by the

sealer, and then sent to the auditing department, approved, and

returned to be posted in a permanent office record book capable of

containing one or two year's work.

On the first day of each month the fees collected by the deputies

are turned over to the sealer, and he in turn pays them to the city

treasurer, at the same time notifying the city auditor of the amount

so paid. This system while simple gives a complete check on both

work done and fees collected, and at the close of the year the totals

of each kind of device tested, adjusted, sealed, nonsealed, or con- demned, and the total amount of fees collected are all on one page

of the office record book in convenient form for use in making out

the annual reports.

Records of inspections and reweighing of commodities, with the

exception of coal in transit, are kept in much the same manner as the work above described. Small books of bound slips are numbered

consecutively, size convenient to carry in pocket, ruled for date, name,

commodity, etc. When these books are filled, they are turned into

the oj0B.ce and are copied into a commodity reweighing and inspection

record book. This book is a loose-leaf ring binder 9 by 12 inches

with blank pages tab indexed for each commodity, such as bread,

flour, butter, etc., thus bringing the reweighing of each article on a
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 39

separate page or pages, so that at a glance one can see how many

reweighings of any commodity have been made and what the result

showed.

For reweighing coal in transit a special duplicate, consecutively

numbered book, 4 by 7 inches is carried by the of&cial. It is printed

and ruled for each item of information, such as names of sellers, purchaser, driver, weigher, copy of weight certificate, weight stated on

certificate, and weight found on reweighing, gross, tare, and net,

time of weighing, and scale where reweighed. This information is copied into a permanent office record book kept for this purpose in

which the reweighings of each dealer are kept on a separate page

with all the details of each reweighing, thus enabling the sealer to

check up at any time on any dealer he ma}^ desire.

A record of all special calls for sealing are kept in a book especially designed for the puijpose with 100 white and 100 colored pages

numbered in duplicate. Each sheet is ruled and partially filled in

with the date when the call is received, the name, address, kind of

device to be tested, name of deputy it is referred to, and the date

of reference. The colored slip is given to the deputy who makes

the inspection and he returns the slip to the department stating

what he has done, with the date and his signature. This gives a complete record of all such calls from the time received until completed. Last year we had 560 special calls. I might say that these

were largely necessitated by new installations of gasoline pumps and

scales, put in privately before we went over the territory, as the

merchants had been notified that in case of the installation of any

new pumps or scales they were supposed to let us know and we

would, send a man out to the job.

Like all weights and measures departments a number of complaints of various natures are received. These are all recorded in a

loose-leaf record book which is kept for that purpose. The advantage of using a loose-leaf book is that the pages can readily be

removed, typewritten, and replaced as the case develops. All information received with the complaint, together with all the facts

obtained upon investigation, including what action, if any, is taken

in disposing of the complaint, and, if no action is taken, the reasons

therefore, are recorded in the book. All complaints are treated as confidential if the party making them so desires.

As you all know there are many matters to take up the attention

of the sealer v/hich I have not touched upon here, but I trust that

what I have said will be of some benefit to this conference.

Remarks of Charles M. Fuller, Sealer for Los Avgeles City and County, Calif.

In order that you may better understand our plan of organization, let me first state that we perform all weights and measures

work in 41 incorporated cities and towns, covering a population of over 1,300,000, located in an area of 4,067 square miles. This territory is divided into 24 inspection districts or zones. A pair of

inspectors is 'sent into a district on general inspection work, with

instructions to test all weighing and measuring devices, with the

exception of gasoline-measuring pumps and heavy-capacity scales.

These are handled by separate crews. The following time a different pair of inspectors will work this district. This keeps the mer-
40 U. S. BUREAU OF STANDARDS.

chants from becoming too well acquainted with any certain inspector, and also means that if one inspector were inclined to overlook

something it would surely be discovered the following year.

The inspectors or deputies are classified into two general groups

senior deputies and junior deputies. A senior deputy has had the

necessary training and experience, so that he is capable of handling

any problem that may arise in general inspection work. He also

understands securing evidence and presenting it in court m case of a prosecution.

New men are taken in the department as junior deputies. These

men work with the senior deputy, who is held responsible for the

work of the team. After these men gain the necessary experience

and training they are eligible to take a promotional examination

whenever a vacancy arises in the ranks of senior deputies. In this

manner we lay a firm foundation for a department of experienced

and matured men who will make a life work of the service. All

members of the department are under civil service and are appointed

only after examination.

This being a specialized age, we find that greater efficiency can be

obtained by traming certain of the inspectors for certain lines of

work. For example, there are OA^er 4,000 gasoline-measuring pumps

and devices in this territory. Inspectors who spend all of their time

on these devices become expert in locating trouble and in making

many small adjustments, which render it unnecessary to tag the

device "out of order," thus saving the time and expense of a return

trip. If the device needs only an adjustment on the rack rod, he is able to make a measurement and set it the exact amount, while an

inspector who is covering all lines of work would be far more liable

to set it correctly only after several efforts and tests. The outfits

carried by these inspectors consist of a complete set of test measures

ranging from 1 to 5 gallons, with gauges on the side for determination of the error, together with all necessary small measures and

tools for adjusting and sealing.

All heavy-capacity wagon and autotruck scales are handled by an

outfit working with a truck which is equipped with a crane for unloading the weights and a small iron wagon for shifting them from one

corner to the other on the scale. We also use a two-wheeled trailer

with an underslung iron box full of test weights, which is kept standardized at 2,000 pounds.

One outfit is kept busy taking care of special calls and checking

back on red tags which become due. In this way the men who are on regular inspection work are able to "hit the ball" from morning

until night in their respective districts without spending part of their

time on odd calls which would ha ve a tendency to slow them up. In

the old days when I was working in the field we would have "hurry "

calls which would "kill" the work of the day; we could not get our

regular work completed that day. Now our men are able to work

from morning to night without interruption.

The inspectors make memorandums of any suspicious occurrences

or places which will bear watching. These are kept in a special file and visits or test purchases are made at unexpected times. This has

resulted in many worth-while prosecutions.
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 41

The above suggestions are offered in the behef that, inasmuch as they have proved practical in our organization, they may be useful

to you.

Remarks of George B. Moore, Sealer of Weights and Measures, Allegheny County, Pa.

Mr. Chairman and gentlemen, I have been selected, as a representative to this convention from the county of Allegheny, to read a

aper, and I want to say that I consider it a very great privilege to o so at this time. The subject which has been assigned to me is "Weights and measures in the county of Allegheny." The bureau

of standards was organized in November, 1911, provided with the

necessary standard equipment and a corps of trained inspectors with

a view of obtaining a sc[uare deal for the housewife in her purchase

of household commodities, to encourage the merchants in the use of

reliable and accurate weighing devices, and punish the dishonest dealer.

Our duties being manifold, our initial campaign was directed toward

the ehmination of inferior and mechanically inaccurate devices, but

owing to the existing laws we could not condemn certain kinds of

scales which, when new, would stand the inspector's tests, but when

in service for any length of time would invariably defraud either the

consumer or dealer. This has been obviated by the enactment of

new legislation, which gives the Pennsylvania bureau of standards

power to approve or disapprove all weighing and measuring devices

to be sold, offered for sale, or given away after May 5, 1922, in the

State of Pennsylvania.

With these faulty, inferior devices eliminated, the city, county, and

State inspectors of weights and measures can broaden their activities

into many fields pertaining to weights and measures that heretofore

have only been gone over roughly, owing to the routine physical

inspection of the aforementioned types.

The use of false and insufficient weights or measures in the State

of Pennsylvania, of which Allegheny County is a part, is prohibited

by an act of assembly which I shall now read:

Each person who shall, directly or indirectly, or by hie servant or agent, or as the

servant or agent of another, violate any of the provisions of this act, or give or offer

to give any false or insufBcient weight or measure, or use any weighing device after

it shall have been condemned and before it shall have been adjusted and sealed, or obstruct or attempt to obstruct any inspector in the performance of his duties, shall,

upon conviction thereot-in a summary proceeding before any alderman, magistrate,

or justice of the peace of the proper city or county, for the first offense, be sentenced

to pay a fine not to exceed twenty-five dollars; for the second offense, shall be sen- tenced to pay a fine not exceeding fiftj' dollars; and for each subsequent offense shall be sentenced to pay a fine of not more than one hundred dollars, or to undergo an imprisonment in the proper county jail for not more than thirty days, or both, in the

discretion of the court. In default of the payment of any fine as aforesaid, the person

convicted shall be sentenced to serve one day in jail of the proper county for each

dollar of the fine and costs. Now, gentleman, it is laws of this kind, if properly enforced, that

will eliminate the dishonest dealer, and I want to say right here that

in my county we have lived up to this act and have rigidly enforced

it. I might state that when our department was first organized we

started out with 2 inspectors, but soon found it was impossible to cover the county in a proper manner with this force, and we have

since increased it to 10 men, who are at all times on the job. We

have a 1-ton truck with 2 inspectors on it who take care of all the

large platform and coal scales. We also have 3 runabouts with a
42 U. S. BUREAU OF STANDARDS.

crew of 2 inspectors on each. One crew takes care of all aufcomatic

gauges, and the other 2 crews look after the small scales.

During the early history of our department we had quite a lot of

trouble with the hucksters, and at that time we gave a great lot of our time to eliminate this menace, and at the present time I can

quite truthfully say that we have one of the cleanest counties in the

State of Pennsylvania, in so far as hucksters are concerned.

We also had a lot of trouble with the butter that was put up in

prints, but after a few prosecutions and fines the butter startea to

gain some weight, and at the present time we are having very little

trouble with it. One thing more I might add. It is essential that the department

of weights and measures have the cooperation of the county commissioners. They must stand back of the departmi^nt in its prosecutions

and enforcements. If they do not do this, the department will lack

that initiative which produces the morale, and then your department

will not reach a 100-per cent basis. The count}'^ commissioners of

Allegheny County stand back of us in every move we make. Time

after time those whom we had prosecuted would come to them and

try to induce them to interfere, but at all times they received the

same answer, namely : "See the chief of the department, and if he

thinks you are being persecuted I am sure he will see that you receive

fair treatment." This is what helps to make the department as

efficient as it is, and I will say that at the present time it is 100 per

cent.

In the city of Pittsburgh, which is part of Allegheny County, we

have a department of weights and measures which is under the able

direction of Murray Livingston, who has a force of seven inspectors.

Two of his crews do the general inspections which take in all small

scales. One crew follows up these men to ascertain whether or not

scales have been tampered with after being adjusted and sealed by

the former. We also use this latter crew to test out packages, etc.,

and in so doing find that we get good results.

There are in the city of Pittsburgh at the present time about 225

gasoline stations, averaging four pumps each, and in the county of

Allegheny, not including Pittsburgh, there are about 1,500 pumps,

but we have very little trouble with these. We are obtaining good

results from the inspections of gasoline pumps. When I assumed

charge of the department some six years ago, the gasoline pumps at

that time were about 90 per cent wrong. Since then we have increased

the efficiency 70 per cent. The trouble at the present time is caused

almost entirely by leaking foot valves. There are also in the city

of Pittsburgh approximately 12,000 places where measuring and

weighing devices are being used. In the county outside the city of

Pittsburgh there are about the same number, so you can readily see that we have enough to keep us busy throughout the year.

One other thing that I might state in behalf of Mr. Livingston

and myself is that we do not insist upon our inspectors doing more

than a day's work during the hours in which they are on dutj'. We

consider 22 visits each day sufficient, and by working in this way it gives the men a reasonable amount of time to make such adjustments

as are necessary and does not rush them; therefore, we get results.

I would advise you men who have a force of inspectors under you
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 43

to try this system out, and I am sure you will get the same results

that we do.

Mr. Livingston's department has been selected by the mayor and

the council of the city of Pittsburgh, and they have always stood

back of him and cooperated with him in every way possible.

I might close by saying that Mr. Livingston and myself have twd of

the most efficient departments of weights and measures in the State

of Pennsylvania. Gentlemen, I thank you.

The Chairman. You have heard these four papers. Are there any

further questions or discussions of this paper or of the three preceding ones ?

BtTRBAU OF STANDARDS INVESTIGATION ON COMMEBCIAL

FILLING OF MILK AND CREAM BOTTLES.

By Ralph W. Smith, Bureau of Standards.

You will recall that at the last conference the question of the fill- ing of milk bottles was raised, and an investigation on the part of

the bureau seemed to be indicated to bring out the facts as to the

commercial methods being followed in different parts of the country.

Naturally the first step in the investigation was to develop a method of measuring tbe commercially filled bottle to determine the

height of the liquid level. The obvious method of removing the cap

and measuring the height of the liquid below the cap seat could not

be followed in the field because of the danger of contaminating the

milk. What we desired was some method by which the height of

the liquid level could be determined by an examination of the bottle as delivered, with the cap in place, using a scale of some kind applied

to the outside of the bottle, reading across the height of the liquid

level and determining direct^ the distance of that liquid level below

the cap seat.

As we proceeded in our investigation we found that the ordinary

straight steel scale was not entirely satisfactory. Gradually we developed a special gauge, consisting of a graduated scale with the upper

portion curved so as to hook over the top of a bottle and rest on the

cap. The zero mark on the graduated scale coincided with the level

of the cap seat when the gauge was in place, and the graduations

were spaced 0.05 inch apart. A thvmibscrew near the bottom of the

gauge was used to adjust the instrument to a vertical position.

We made a large number of preliminary determinations with this

gauge and checked the results by the use of a depth gauge. We

found that the observations taken with the special gauge compared

very favorably with the check readings taken with the depth gauge,

and that they could be made very quickly and with a mmimiim of

effort and loss of time. The special gauge was therefore adopted as the basis for our field investigation.

The purpose of the investigation, as stated before, was to determine

as nearly as possible the point to which milk dealers were filling their

bottles. We made surveys in the cities of Chicago, Philadelphia,

New York, and Washington, in the course of which we examined

quarts and pints of milk, and quarts, pints, half-pints and gills of cream. In a few of these cases we had only a small number of any

one kind of bottle so that in these cases our results can not be said

to be truly representative. That is true in the case of the quarts of
44 U. S. BUBEAU OF STANDARDS.

cream of wHch we found only a very limited number. The quarts

and pints of milk, of course, were very common, and the half-pints

of cream were fairly common. The following table summarizes the

results of the investigation:

Sulnmary of results of investigation on filling of milk and cream bottles conducted by

Bureau of Standards in Chicago, TIL; Philadelphia, Pa.; New York, N. Y.; and

Washington, D. C.

City.

Total number of bottles.

Average distance of liquid level below cap scat.

MUk. Cream.

Quarts. Pints. Quarts. Pints. J pints. Gills.

No.

Average

dis- tance.

No.

Average

dis- tance.

No.

Average

dis- tance.

No.

Average

dis- tance.

No.

Average

dis- tance.

No.

Average

dis- tance.

Chicago, III f 600

\

(13)

/ 664

\ (J2) / 883

\ (9)

f 1,463 \ (12)

274

(13) 344

(12) 615

(9) 406

(12)

Zracft.

} 0.19

1 .28

1 .26

1

.22

/ 239

Inch.

I n ifi

Inch. Inch

/ 87

\ (1)

{ (2) / 177 \ (12

Inch.

1

0.24

1

.23

}

}

.25

Inch.

Philadelphia, Pa New York, N. Y . .

Washington, D. C

Total bottles...

Average by bottles.

.

V (12j:)

{(?^?i}

1 ^

{(1^ }

0.21

}'»

\(1)

}

0.44

}

...S

f 10 id) } 0.39

r 22 \(3) 1

.28

/ 3,610

\ (46)

1,639

(46) }

/l,658ix t (44)i; {(2) I

f 10

\(1) I

f 276

\(24) I

/ 24

\(4) I

.24 .24

.24

.20

.20

.20

.49

.51

.51

.39

.39

.39

.26

.26

.29

.28

.28

.25 Average by dairies.

.

Note.—Figures in parentheses indicate number of dairies.

It will be observed that the average results obtained by three different methods of calculation show remarkable agreement. Whether

averaged by bottles, by dairies, or by cities the results for quarts

and pints of milk are, respectively, identical, and the figures for the

two sizes differ by only 0.04 inch. The results for cream are based

upon a very much smaller number of bottles, but here, too, the

results are remarkably uniform.

As you know, this conference has gone on record as recommending

that the capacity of a milk or cream bottle be determined by a point

one-quarter of an inch below the cap seat. The results given in the

table above entirely justify this recommendation.

It may be said that, in our opinion, the general practice of filling

bottles to a point averaging one-quarter inch below the cap seat is not due to any desire on the part of the dairymen to defraud their

customers. It is practically impossible to fill these bottles entirely

full and market them successfully. Any rise in temperature will cause the milk to expand and if a bottle were entirely filled this

would result in the frequent raising of the cap following temperature

changes and contamination would be very apt to occur. Again, the

machines used in filling these bottles do not normally fill them completely full and if they did do so spillage would almost certainly

nullify this complete filling before the bottles were capped. A further

factor is the unavoidable mixture with the milk of a certain amount
SIXTEENTH ANNUAL CONFEKENCE ON WEIGHTS AND MEASURES. 45

of air during the filling process, which air later separates from the

milk and forms an air space in the neck of the bottle after it has

stood undisturbed for some time.

All of these facts point to the necessity for caUbrating bottles to a point slightly below the cap seat, and from the results of the bureau's

investigation one-quarter inch below the cap seat is indicated as the

proper point. This will result in the average delivery of full measure

to purchasers of milk and cream. DISCUSSION OF ABOVE PAPER.

Mr. Maroney. What would one-quarter inch in vertical height

represent in terms of cubical contents ? Mr. Smith. On an ordinary bottle with a neck of an internal diameter of If inches one-quarter of an inch in vertical height is equivalent

to 0.37 cubic inch, or 0.20 fluid ounce, or 1.6 drams.

Mr. Maroney. As I understand it, they fill the bottles as full as possible, but when the milk, which is agitated in the machine, settles

there is that discrepancy.

Mr. Smith. There is some air included in the milk, and that will

rise to the top. I might say that we did not examine these bottles

at the dairy, out took them in the retail stores in the exact way in

which they reached the consumers. Mr. Maroney. I wanted to bring out the point as to whether it was with malice aforethought or whether it was air separating out of

the milk that caused that condition.

Mr. Smith. We did not find anything to indicate that any of these

distributors were trjnng to short fill their bottles. It results from

the fact that commercial filling machines will not completely fill the

bottles, and also it is probable that air is originally entrapped in the

milk. It is a result which arises from conditions which can not

reasonably be overcome.

PRESENT STATUS OF NEGOTIATIONS TOWARD OBTAINING UNIFORM REGULATIONS FOR MILK BOTTLES.

By F. S. HoLBROOK, Bureau of Standards.

Mr. Chairman, this subject of uniform requirements for milk bottles

was brought up at the last annual conference by manufacturers of

milk bottles, who said that there was at the present time no uniformity in the requirements in relation to milk and cream bottles in the

various States of the Union, and as a result it required them to keep

on hand very many more molds than would otherwise be necessary,

with an increased expense of the bottle to the dairyman as a result.

They sought some means by which uniformity could be procured.

Several months after the last annual conference a conference was

held with the milk bottle manufacturers and with the dairvmen in

an effort to find how this uniformity in bottles could best be brought

about.

At that time manufacturers stated that they were perfectly willing

to make a bottle to hold its capacity when measured to a point a

stated distance below the cap seat, or when measured to the cap

seat, but they did not desire, if it could be avoided, to make both

types of bottles.
46 U. S. BUREAU OF STANDARDS.

At the first conference the dairymen were of the opinion that the

bottles were filled full under present commercial practice. It was

the decision of this conference that data be collected on this point.

In accordance with this agreement the bureau then conducted the

investigation which Mr. Smith has described; and a second meeting

was held with the interested parties at which the results obtained

were presented.

The subject at present stands thus: The manufacturers are still willing to make a bottle which holds its correct capacity to the cap

seat or to one-quarter of an inch below the cap seat; and the milk

and cream distributors have not as yet had a proper opportunity to

obtain the consensus of opinion of the industry in relation to the

matter. The secretary of the International Association of Milk Dealers has invited your secretary to appear upon the program of their

next annual convention, which will oe held in the city of Syracuse,

N. Y., and present the subject to them.

The conference went on record some years ago to the effect that

one-quarter of an inch below the cap seat was the proper filling point.

Our investigation seems to have demonstrated that we did almost

better than we Imew, since we came within one-hundredth of an inch

of the results recently obtained, representing the commercial filling

of the average quart bottle of milk. It seems, then, that the confer- ence recommendation is a proper one, and that no action need be

taken upon this subject by this body. If we can convince the distributors that our attitude is correct, then we wiU have full cooperation in endeavoring to obtain throughout the United States a milk

bottle wliich is correct when measured to one-fourth of an inch below

the cap seat.

As Mr. Smith has brought out, no fraud seemed to be involved.

There may be minor instances where bottles were not filled as nearly

full as they might be filled, but, in general, it may be said that it

was clear that the bottles were not being underfilled intentionally.

However, it seems to be demonstrated that with the best filling

apparatus available at the present time there will be a quarter of an

inch air space between the cap seat and the level of the milk or cream, and it seems that it is very advisable to have that air space,

as a matter of fact. Otherwise, as Mr. Smith has pointed out, the

slightest expansion of the milk would result in the raising of the cap

and the probable contamination of the milk through its flowing over the cap.

It is a fact, however, that at the present time milk and cream are constantly being delivered short measure when sold in bottles holding the correct capacity only when measured up exactly to the cap

seat. It is a fact, also, that that shortage is a small one. However,

it is greater in all cases than the average tolerance allowed on milk

bottles and in the case of the smaller bottles is two or three times

as great. Fortunately, the subject seems to be in a fair way of

being solved.

I think the distributors feel differently about the matter than they

did at first. They considered, without investigation, that the bottles were fuU because they were trying to fill them. As common

practice does not result in the filling of the bottles it does seem

reasonable to require the bottles to be correct up to the point at

which they will be filled in commercial practice.
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 47

PROPOSED METHOD FOR TESTING MILK AND CREAM BOTTLES.

By E. L. Pepper, Bureau of Standards.

The accuracy with which the capacity of milk bottles can be

determined is dependent upon (1) the accuracy of the determination

of the volume of the liquid placed in the bottle when filled, and (2)

the determination of the position of the surface of the liquid when it reaches the predetermined point. These two factors can be controlled

within certain limits by means of the proper standards of volumes

and by the use of a suitable depth gauge.

The method employed, to a large extent in your work, is that of

using the standard slicker plate measure and a glass gi-aduate to take

care of the excess or deficiency. This, of course, in common with

any other method, necessitates that the equipment be made up of a number of standard measures equal to the various capacities of the

bottles tested, or the use of a measure a multiple number of times

its nominal capacity. While this latter method of procedure may

be employed it is hardly to be recommended, since in this case the

error due to the manipulation is similarly multiplied. This is very

undesirable, and the use of the ordinary measure of a capacity other

than that of the bottle under test should be avoided.

I might say that in the case of a pint liquid measure the difference

between the amount of water delivered and the amount contained is about 0.04 of a cubic inch, or approximately one-eighteenth of the

tolerance on an individual pint bottle.

The method suggested when these measures and graduates are used

is as follows: Fill the measure with water and place the slicker plate

thereon, using precautions so that bubbles do not appear. Then

pour the water mto the milk bottle until it is nearly full. Pour the

water remaining in the measure into the graduate and continue the

filling until the predetermined point on tne bottle is reached. The

amount of water remaining in trie graduate is the error in deficiency

of the bottle. If enough water is not contained in the graduate to

complete the filling, the bottle is in excess of capacity and more

water must be added. This can be done by filling the graduate to

some graduation mark and noting this quantity; then complete the

filling of the bottle, and again note the reading of the graduate. The

difference in these two readings is the amount the bottle is in error

in excess. In our testing—that is, in the laboratory testing—of bottles we

find the depth gauge shown here to be very satisfactory. This portion [indicating] is made so that it will shde up and down, and you

can read directly from the graduated portion the depth of the level

surface of the liquid, or you can fasten the slide at a predetermined

point and utilize the gauge to assist you in filling successive bottles

up to this point. By the use of a gauge of this type the level of the

water surface can be accurately brought up to a desired predetermined point by filling the bottle slowly until the surface of tne water

just touches the point of the gauge. This piece of apparatus can

also be used to measure the distance from the cap seat or stopple to

which a bottle has been filled with milk. This may not be done veiy

often, but it is certainly worth consideration in obtaining information

as to the closeness of the filling to the cap seat that occurs in prac-
48 U. S. BUREAU OF STANDAKDS.

tice. However, this would necessitate the opening of the bottle,

which, as Mr. Smith said, is objectionable.

The type of apparatus proposed for use in the office or laboratory testing of muk bottles is made up of a suitable laboratory stand,

clamps, reservoir, burette, and the necessary rubber tubing. These

different parts of the apparatus can readily be distinguished. The

burette is made up of a bulb, a graduated tube, the necessary stopcocks, and an overflow portion that contains the automatic setting

(zero point) and also provides an outlet for the surplus water in fiUing.

This burette has a delivery of 1 pint of water from the overflow

tip (zero point) to the capacity mark (1 pint) on the graduated stem.

The stem is graduated on each side of the "1 pt. " mark, so that the

plus or minus error in the capacity of the bottle tested can be determined hj direct reading.

In the use of apparatus of this kind a suitable reservoir is essential, as the burette is filled by gravity to the overflow point, which, as before pointed out, is the zero setting on the burette. The proper

stopcock is then opened so that the water flows into the bottle until

the fiUing, as indicated by the setting of the depth gauge, is completed.

The error either in excess or deficiency of the capacity of the bottle

is then read directly from the position of the water meniscus in the

graduated stem.

For rapid and most satisfactory testing of milk bottles the equipment should be made up of a set of burettes of the various capacities, or some miiltiple thereof, as in the case of the standard measures. However, if the pint size burette is used to test quart bottles the error due to the refilling of the burette will be less than in the case of the

capacity measure, as the burette is cahbrated "to defiver" and the

reading of the water meniscus in the graduated stem of the burette

will probably be more accm-ate than in the graduate on account of

the smaller diameter of the former.

This equipment, on account of its being more fragile than the standard measures, may not be very convenient for use in field testing,

but as laboratory equipment it is susceptible of an accuracy that

makes it worthy of consideration.

In the testing of bottles by the use of this apparatus a background

of white paper is very helpful in bringing the meniscus out clearly.

The reading of the water meniscus on any graduated tube is made

easier and more accurate by the use of a "collar" or shade placed

around the graduated portion immediately below the graduation

mark. The gauge mentioned pre^^ously in this paper is to be used

with this apparatus as well as in the other method.

The delivery time of the burette can be so adjusted that the time

required to test a bottle by this method is equal to or less than that

required by the use of the standard measure. When consideration

is given to the accuracy of the results obtained by this method and

to the fact that often the rejection of a "lot" of bottles is dependent

upon the tests of a certain percentage in the lot, the expense of fitting a laboratory with this apparatus may be considered justified.

The apparatus will remain on the table for inspection by interested

Earties. A few blue prints are also available showing details of a

ulb burette.
Miscellaneous Publications, Bureau of Standards, No. 55

Fig. I.

Bulb burette for testing milk and cream bottles.

Illustrating method o( mountiiij; burette and placing of testing gauge.

SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 49

DISCUSSION OF ABOVE PAPER.

Mr. Dale. I would like to ask Mr. Peffer if, instead of his laboratory tests, it would not be possible and preferable and simpler to fiU

the bottle and then weigh it and reduce the weight to the capacity ? Mr. Peffer. In answer to that I would say that while the weight

method could be employed we found that the method described

resulted in a saving of time.

ANNOUNCEMENTS.

Mr. HoLBROOK. Mr. Miller, chairman of the resolutions committee,

has asked me to announce a meeting of the resolutions committee

directly after the morning session in this room. He desires all members of the conference who have resolutions which they desire to have

considered to present them to some member of the committee before

that time.

I may also say that the report of the commitiee on specifications

and tolerances on specifications and tolerances for vehicle tanks

used in the sale of gasoline has been prepared and copies are

available for such meinbers as desire to familiarize themselves with

this material before it comes up in regular order. It is possible

that that may be called up this afternoon if the business is not such

as to occupy the whole session. Any person desiring copies may

help himself as he goes out.

(It was moved and seconded at this point that the conference

adjourn; the question was taken, and the motion was agreed to.)

(Therefore, at 12.35 o'clock p.m., a recess was t?ken until 2 o'clock

p.m.)

76317—24 4
FOURTH SESSION (AFTERNOON OF TUESDAY, MAY 22, 1923).

CITY AND COUNTY DAY.

The conference reassembled at 2 o'clock p.m., W. B. McGrady,

second vice president, presiding.

TEMPERATURE AS A FACTOR IN THE MEASUREMENT OF GASOLINE.

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

The use of gasoline as a motor fuel has increased to such an extent

in recent years that its sale has become a very important factor in

commerce. It has been estimated that each of the 10,000,000 motorists in the United States buys 2 gallons of gasoline daily. The

sale of this amount of gasoline means the transaction of approximately $5,000,000 of business in the retail trade of gasoline every day.

Organizations of production, refining, transportation, and sale have

been created and are constantly being expanded to meet the ever- increasing demand. Although mentioned last, yet by no means least

in importance, are the sales agencies—the filling stations in particular.

Behind these are millions of dollars invested in property and in

instruments of measurement to facilitate the convenience and cor- rectness of sales transactions. Gasoline measuring device concerns

are spending much money in research in order to perfect their particular instruments, so that both the buyer and the seller may be

protected during the sale. It is easily seen that large sums of money have been, and are being,

expended to insure correct measure. Yet with all these expenditures

we have been neglecting a most important factor in gasoline measurement, namely, contraction and expansion due to temperature

changes. This is one of nature's forces, powerful in effect, constantly

at work on practically every substance, and, if not accounted for,

destroying to a large extent in the case of gasoline this accuracy of

measurement which we are largely responsible for and for which

large sums of money are being spent.

The factor of change of length and volume due to temperature

change is met with every day. In every measurement of exactness

in scientific work it is taken into consideration and due corrections

made. For example, in testing steel tapes, if any degree of accuracy

is to be arrived at a standard temperature must be used or observations con-ected to a standard temparature. This is done here at the

Bureau of Standards by comparing the standard with the unknown

with both immersed in a bath of ice and water, thus insuring a constant temperature. In testing cream by the well-known Babcock

test method some State laws and regulations make it necessary to

recognize the principal of contraction and expansion by having the

readmgs made at a certain fixed temperature because the glassware

is calibrated at that particular temperature. The test is not what

50
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 51

might be called a very exact test either, yet the effect of the temperature must be taken into consideration.

When a refiner sells a tank car of gasoline, it is the custom to allow

for the change of volume due to the variation of temperature from the

standard. This applies, at least, to those shipments that have been

investigated. It should be stated that the specific gravity of gasohne

is corrected to the standard temperature of 60" F. One concern bills a carload of gasoline in this fashion:

Shell capacity gallons.. 8,050

Temperature degrees . . 78

Change gallons.. 87 Net do.... 7,963

This means that a car having 8,050 gallons capacity was filled with

gasoline having a temperature of 78° F. This was 18° higher than the

recognized standard temperature for gasoline. Therefore, because

this gasoline was expanded, due to the higher temperature, we are deducting 87 gallons from the total, because when tne gasoline gets

to a temperature of 60° F. it will have shrunken 87 gallons.

Thus, you see the refiner recognizes the principle, and the jobber

takes the same figures. He therefore recognizes it. The wholesaler

who buys the gasoline accepts the figures. Therefore he recognizes

it. And there it stops.

Why should recognition of this principle stop at tank-car shipments ? It can easily be seen that the filling-station operator may

conscientiously forget it because of his relatively small individual

sales and the temperature at which he sells the gasoline, as will be

shown later. But with the tank wagons it is difi'erent. Tank-wagon

compartments vary greatly in size. They have been known to hold

as little as 45 gallons and as much as 660 gallons. The average tank

wagon will probably hold about 400 gallons.

The specific gravity, or density measurement of petroleum oils,

among which is gasoline, is referred, as mentioned before, to the standard temperature of 60° F., as stated in Circular No. 57 of the Bureau

of Standards. For convenience, and in order to make it clearer, let us say that 1 gallon of gasoline occupies a space of 100 units. According to the table in Circular No. 57, 100 units of a petroleum oil

at 80 °F., with an observed specific gravity of 0.620, would, at 60° F., a change of 20°, occupy a volume of only 98.2 units. With an oil

of a specific gravity of 0.750, which approximates ordinary presentday gasohne, the 100 units at 80° F. would shrink to 98.8 units at

60° F.

Now, let us see the effect the above change in volunie has on ordinary commercial practice. The wholesaler, especially if he is doing

only a nominal business, has two or more storage tanks holding

about 15,000 gallons each. These, you will find, are ordinarily

placed above the ground, probably to detect any leaks which might

occur, probably to use the force of gravity in fillingwagons, and possibly

to conform to local ordinances and laws. Many times you will see these storage tanks painted black. The color black is the greatest

light-absorbing color and consequently the greatest heat-absorbing

color. Therefore, in hot weather, it ought not to surprise us to

know that gasoline in such containers frequently reaches the temperature of 85° F. In the case of tank-car shipments from the
52 U. S. BUREAU OF STANDAEDS.

Oklahoma field it is doubtful if gasoUne shipped to southern points ever reaches a temperature much below 75 to 80° F. in warm weather.

Let us now look to the retailer or filling-station operator. He is compelled through force of circumstances, insurance regulations,

State laws, and city ordinances, to put his gasoline-storage tank at

least 4 feet below the surface of the ground. What is the result ? The temperature at which he sells his product is rarely over 70° F. and

from tests which have been made averages nearer 65° F. For convenience, let us assume that there is a difference of 20° between his buying temperature and his selling temperature, the latter being the

lower, and let us base our example upon the product of 0.620 sp. gr. This, it should be explained, is probaoiy a greater variation of temperature than occurs ordinarily and a lighter oil than is now common,

but the assumed conditions are used to make the illustration more

clear. With such a temperature change there will be a change of

volume from 100 units to 98.2 units, or the filling-station operator

could recover only 98.2 gallons out of every 100 gallons which he

bought under those conditions. Similarly, with a gasoline of 0.750

sp. gr. he would recover only 98.8 gallons. This amounts to quite a sum in dollars and cents. The average profit per gallon to the

independent filling-station operator has been about 2 cents per

gallon. He makes $2 on every 100 gallons he sells. If he loses

approximately 2 gallons from every 100 gallons he buys, due to contraction, his loss is about $0.50 at the prevailing price of gasoline.

This cuts his profit down 25 per cent. Have you ever seen a wideawake merchant who would let 25 per cent of his profits slip by without making some great effort to know the reason why ? Even if we

consider gasoline of a specific gravity of 0.750 with a shrinkage of 1.2

per cent at 60° F., as compared with its volume at 80° F., we find a

loss to the retailer of 30 cents, which is 15 per cent of the estimated

profit on the sale of the gasoline. It is up to us who stand for a square

deal to all concerned to see that some definite data are obtained which

will show us concretely whether contraction and expansion play a part

important enough to be taken into consideration in the sale of gasoline.

Let us consider this a minute in our own terms. The tolerance on

100 gallons of gasoline as adopted for pumps by this body at the

Fourteenth Annual Conference is 102 cubic inches. The shortage

due to a 20° fall in temperature is 415.8 cubic inches, more than

four times the tolerance, or 277.2' cubic inches, almost three times

the tolerance, in the two examples given above.

It is easy to understand that only a small amount of gasoline sold

will have a variation in temperature as great as 20°, yet in the southern sections of the country this would be the rule rather than the

exception hi warm weather.

The principle of volume change is as old as the hills, but its effect

is going to be noticed more and more in the gasoline business because

of the increasing volume of business and the eventful rise in price of

the commodity. It is well that we are beginning to investigate it.

DISCTJSSION OF ABOVE PAPER.

The Acting Chairman. You have all heard this very interesting

paper by Mr. Estes and, as he states, there is a certain percentage
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 53

of loss. This matter is of great interest to all local dealers, and the

time is rapidly approaching when something will have to be done on

the question. Is there any discussion on this paper?

Mr. Siren. Mr. Chairman, I would assume that in the northern

latitudes, in the colder weather, the process mentioned in the paper

would sometimes be reversed: that when you get the gasoHne out of

the tank at 40° which was measured in at a temperature of 65° the

dealer would profit.

Mr. EsTES. He would, but such conditions do not so often occur,

and the temperature change in this direction is usually smaller.

Moreover, there is more gasoline consumed in the summer than in

the winter.

Mr. Goodwin. Has there been any test made on the quantity of

water in gasohne ? Mr. EsTES. I am not enough of an authority on gasoline to answer

that question with an}^ great degree of accuracy. We run quality

determinations of gasoHne in our city (Flint, Mich.). Frequently,

however, you wiW find that tank cars of gasoline have from 2 to 6

inches of water in the bottom. That can be determined by a very

crude test. If you will paint a stick with molasses and immerse it in a tank car of gasoline the water at the bottom of the car will dissolve the molasses while the gasoline wiU not touch it. I do not

believe the water is put there intentionally, but during the traveling

of an empty car from a northern part of the United States, say, to a southern point, water will condense inside that car and will remain

there until the car is emptied. The presence of water is also indicated by the fact that in our latitude we find the valves on the cars frozen and we have to thaw them. Gasoline "will not freeze at ordinary temperatures; water wiU.

Mr. Egan. What is the difference between the ordinary gas and

that sold by the retailers as "high test" ? Mr. EsTES. The latter is a very light gasoline. We have come to

the conclusion that the specific gravity of gasoline does not mean

much. What we are particularly interested in is the boiling point

of gasoline. Gasoline can be so blended of both hght and heavy

gasolines that the specific gravity can be developed any way you

want it. PROBLEMS ARISING IN THE SUPERVISION OF PUBLIC MARKETS.

Remarks of Edward J. Maeoney, Sealer of Weights and Measures, New Haven, Conn.

Mr. Chairman and gentlemen of the conference, 1 have been

requested to speak on the subject of public markets, this being due,

I presume, to the fact that the bureau of markets of the city of New

Haven comes under the jurisdiction of the department of weights

and measures. I will endeavor to do as I have been instructed, but

first I will ask the indulgence of the conference, since I wish to

digress from the subject assigned for just a moment.

I listened last evening to reports that were given down town, and

some of them were not rosy; and as one of the older men in the

weights measures work, dating back 25 years, I have seen an evolution

take place. The building of weighing macliines and measuring

devices has expanded throughout every Une of business. I ask each

and every one of you gentlemen here who have been associated with
54 U. S. BUREAU OF STANDARDS.

this weights and measures work for a number of years, "Have you

also expanded with the mechanical end of the game V I think most

of you will agree that you have not. Therefore, I believe that if you want to progress there should be a housecleaning, and you

should clean your own house first, expand, and get into the work in a technical as well as a practical way.

I have been of the firm belief that the weights and measures offi- cials should expand, and acting on that theory our department has

taken on many duties, including the bureau of markets; acting as purchasing agent for coal for all city departments; seeing to it that

price, quantity, and quality are looked after to the best interests of

the city of New Haven, and assisting the boxing cominission in the

weighing of fighters and gloves. It is unfortunate that boxing gloves

are not uniform. If two fighters enter the ring and one's gloves are

one, one-half, or three-quarters of an ounce lighter than the other's,

that man has an advantage of 10 or 15 per cent over his opponent.

That is one of the many duties we take care of. We assist the public in the purchasing of all the necessities of life and have gone so far as to make up menu cards for dinners, clam bakes,

church socials; in fact, we get as close to the public as possible.

During one week we helped the Young Women's Christian Association to put on what they termed a Buenos Aires village, and they

cleaned up in one evening in the neighborhood of $200; two nights

afterwards we put on a Turkish supper for a Congregational Church,

by purchasing at a cost of 74 cents a person—they got $1 for it, and

made in the neighborhood of $150; several days later we put on a bachelor's dinner.

I want to bring out most forcibly that you must get close to the

public. After all is said and done you and I and every other public

official, no matter what circumstances we are in, can not go far without the assistance of the public. I believe from some of the things

I heard last evening of the munificent salaries paid that it is a crying

shame, but it is possible if you had a housecleaning and made an

inventory of yourselves that most important detail would be taken

care of. A maxim that was used for a number of years, a slogan of a famous scholar, could be applied here—"If you want to earn more,

learn more." Get out of the rut; get close to the public; give service.

Now, getting back to the question assigned me, I might ask the

question, "Why is a public market?" and answer it by saying, "A

public curb market under the direct supervision of the servants of

the municipality where the market is established is for the sole purpose

of bringing the purchasing public as close as possible to the grower

of produce as well as the producer of meats, poultry, and fish in order

to cut the overhead to the consumer by the elimination of the middle

rofits that at times are gigantic in comparison to the prices received

y the producers."

In organizing our public market we have laid out a stretch of

asphalt street three-quarters of a mile in length, marking off 8-foot

spaces on the curb with cement paint, each of these being numbered

in rotation. None but growers and persons with foods to sell are allowed to park on this stretch. A drawing takes place in the early

part of each year, the first name drawn takes first choice of location,

and so on until all applicants are served. Each applicant then has

a permanent place of business as long as he or she conforms to our
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 55

regulations, as well as the laws of our Nation, State, and city, paying 25 cents per day for the privilege. Purchasers in automobiles

park on adjacent streets, enter the market on foot, and purchase

whatever they wish. The sales person places a tag on the commodities

sold and gives the other half to the owner of the commodity. After

making all his purchases he drives through the market under the

rule of one-way traffic, presents his purchase tags, picks up his load,

and departs.

How well these regulations work out I need not dwell upon, except

to say that we have moved as high as 450 tons of produce, etc., from

2 a. m. until 10 a. m. , at which horn- persons must vacate their stalls.

Immediately auto fiushers and laborers clean up, and the street is open for traffic for the day.

The principal rule is that goods must be sold "as is" ; that is, they

must not be repacked and the better grades put on top. We do not

tolerate anything of that kind. A person who has anything to sell of that type can not sell it there under the ban of forfeiting his place

of business. If the grower brings in produce that is not fit for the

human family, he forfeits his place of business and has no outlet

;

therefore, he is mighty careful what he packs.

We also grant permits for vendors. If one of these loses his license,

he also is put out of business. We particularly watch that part of

the game at canning time to protect the housewife. I might say in

regard to the canning game I have tabulated a calendar on the can- ning situation showing quantity, quality, and price of various commodities by months. I brought quite a number of these with me,

and they are there for distribution.

In conclusion, I want to say that, on figures compiled by one of

the departments here in Washington, New Haven ranks well up in

front on the low cost of living during the biggest part of the year,

and I am of the firm conviction that this is in part due to our public

market.

DISCUSSION OF ABOVE PAPER.

The Acting Chairman. I have listened to Mr. Maroney's talk with

great interest. Are there any questions 'I Mr. Schwartz. We, in our State, have a number of pubfic farm

markets—open-air markets. How many months are they continued

in your State ? Mr. Maroney. We start about April 15 and stay open until the

snow drives us out. It runs about nine months of the year.

Mr. Schwartz. In New Jersey we follow practically the same plan

that you do, but we require there a certificate, signed and attested

by a notary public, that the seller is a legitimate farmer and grows

his produce. If that is not suppfied, he is not allowed to come in.

Mr. Maroney. I think, Mr. Schwartz, any State which limits sales

on market space to home-grown stuff makes a very great mistake.

I believe statistics show that 95 per cent of what we eat is brought

from outside of the State. Therefore, why curtail, why make it a

closed corporation ? With us anyone who has anything to sell,

whether suspenders or fish, can come in and sell it. There is an old

saying that competition is the hfe of trade.

Mr. Schwartz. Mr. Maroney did not understand my question.

The regulation T mentioned applies to the farmers' market whether
56 U. S. BUREAU OF STANDARDS.

wholesale or retail. In addition to that we space off the curb lines, or the city rents a strip of ground which is known as the all-year- around market. In certain sections none but legitimate growers of

produce are placed; but then on the adjacent streets we mark off

space for hucksters, peddlers, and other sellers of produce brought

in from distant sections. We are trying to make a separate "farm"

section. Our bureau of markets is trying to make a distinct market

where home-grown produce is sold direct to the consumer. As Mr.

Maroney aptly said, "Competition is the life of trade." We believe

that the huckster helps to fix the price. The farmers can not have

a high price because the hucksters will level it. In the city of Newark is one of the largest markets in that section of the country. A

new market is being built there, and the new commissioner of markets

wants information, and that is why I am trying to get a line on

what is being done at other places. In the new market they will

have everything from delicatessen to perishable produce and dressed

chicken.

Mr. Maroney. Just now in our territory strawberries and tomatoes are coming in in great quantities. We also have spinach, kale,

asparagus, and onions coming into our territory. Why should we

have the home-grown commodities in a different section from this

because this was shipped in. The public would know which was

shipped in, and it would be for its convenience to have all together.

It is a matter of convenience of the purchaser.

Mr. Schwartz. I wanted to get some idea of the situation. I thank you for your information.

Mr. EsTES. Mr. Chairman, we have municipal markets in our city,

and many times I find that the prices quoted on the municipal market exceed those quoted in the retail establishments in our city. I would like to know if that condition exists in other places having

municipal markets ? Mr. Egan. We had agitation for a number of years in Hartford

for a public market. The retail provision men opposed it either

directly or indirectly, so that when the public market was finally

established great results were expected. The market was built on

what is called the "Boulevard" in Hartford. It was in operation

only for about a year. People who visited the market with the idea

of meeting producers—food producers—-were sadly disappointed.

The stalls seem to have been rented to men who have been in the

retail butcher trade and produce trade. They were readily recognizable as retailers and men who did not produce anything, and I believe

the closing of the market was due to that fact. A mistake was made

in that respect. I believe with Mr. Maroney that a curb market

should get the producers and the consumers together.

Mr. HoLWELL. In New York City we have a number of markets.

Several of them are devoted to the farmers: they are called the farmers' markets. They have been established for the purpose of enabhng

the growers of fruits and vegetables to come in touch with the con- sumers. We also have what are known as the retailers' markets;

they have been established to enable the consumer to buy to the

best advantage. We have all told, also, 24,000 retail food stores and

about 40,000 pushcarts in the city of New York.

Public markets in New York City are not under the jurisdiction

of the weights and measures department. We hare a distinct depart-
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUEES. 57

ment of markets. This department is now engaged in inaugurating

plans to establish a large market in the Borough of the Bronx ; also,

under that department there are a large number of pushcart markets.

I suppose there must be 50 to 75 scattered about various parts of the

city, and food is cheaper in those markets than in the retail stores.

When I mention that in New York City we have 6,000,000 people

and 1,000,000 visitors daily, and that adjacent territory looks to

New York for its food supply, making all told 9,000,000 people

to be fed, you will realize we have an enormous problem; and that

problem is not solved even by the establishment of these markets.

In so far as to the consumer being in touch with the producer, that is not true in the city of New York. In the average city, however,

the problem is how to bring the producer in direct touch with the

consumer.

I feel that one of the functions of the department of markets in

the city of New York should be to be the representative of the

farmers of America. If you have heard some of the public officials

connected with the national administration speak on the problem of

the farmer, you mil know that in various parts of the country potatoes

are left rotting in the ground ; that apples are left rotting in the orchard

;

that 1,000,000 melons in Idaho have been given away free because

they could not be shipped to the market. And yet in New York in our markets we are paying high prices. I agree with Mr. Maroney

when he said we ought to try to extend our activity, and I feel that

as citizens we are vitally interested in this problem—that is, the distribution of food products.

Our cities now in America exceed in population the country

proper, and we are dependent upon the farmers for our food supply.

This is the largest laboring element in America, and upon the success

of the farmer depends the prosperity of the Nation. So we ought to

do everything we can to facilitate the shipment of food into our cities

and give the farmer a fair return, and at the same time bring to the

consumer the food at the lowest possible cost. Now, that is our problem, and it should engage our attention. I can see that in the

smaller cities, of 100,000 or less, you can operate municipal markets

successfully. Where you have adjacent territory that is dependent

upon your city for food supplies, the problem is somewhat different.

For instance, we have a market, known as the Queensboro,

near the Queensboro Bridge, estabHshed 10 years ago. It is within a quarter of a mile of Fifth Avenue, and you can go there

and find at any time the limousines of the residents of Fifth

Avenue, who rnarket in the Queensboro market for the purpose

of feeding their household. It is not the poor that patronize

the stands in that market; it is the rich, and they are benefiting by the market. We find in our city that the people do not

patronize a market unless they are close to it. The housewife

of New York is not using a market basket to-day; she would

not be seen carrying a market basket. That is one of the causes

for high prices. It is a very important thing which you must consider.

Consumers want everything wrapped up and delivered at their home,

and somebody must pay for it. Our mothers used to market and

used the market basket. But that is not the case in our large cities

and so we have got to help the grocer; he is the distributor, we have

got to help him. We have got to help the farmer got his products
58 U. S. BUREAU OF STANDARDS.

to the market, and that opens up the great question of railroad facilities in America. That opens up the question of arterial systems to

the railroads—good roads—which were so ably discussed before this

conference last year by Mr. Mackall, of the Maryland Road Commission; the inauguration of trucking systems to take up the truck

of farmers who live miles from the railroad and get it to the

large centers where they can get a proper price for their various

products. We are not directly entrusted with the supervision of

food supplies, yet in our everyday work we meet it, and I think

that in a conference like this, and in succeeding ones, the question

of public markets should be taken up.

TESTIMONIAL FOB THE RETIRING PRESIDENT.

Mr. Barron. If I may interrupt at this point, I desire to bring up

one matter for discussion before our chairman returns to the meeting. A year ago a committee was appointed to procure a memorial

for Mr. L. A. Fischer, who died some two years ago. It is the belief

of some of us that we are again losing a very good friend, and it might be a very good idea in this case to present a testimonial while

he is still alive. Doctor Stratton needs no eulogy on my part, and I move that a committee be appointed to consider the matter and take

such action as they see fit in the matter of procuring some testimonial that we can present to Doctor Stratton.

Mr. Maroney. Mr. Chairman, the suggestion is very good. Doctor Stratton is the salt of the earth. I would like to make a motion

that Mr. Barron and a committee go out and use full authority to

get what they please.

Mr. Barron. It seems that such a committee should take into

consideration every idea given, present them to the conference, and

have the conference decide what form it should take. If ail those

interested will help the committee out and make suggestions, the

committee can talk it over and report back to the conference. Everyone will then feel better satisfied.

The Acting Chairman. It has been regularly moved and seconded

that a committee be appointed by the Chair to use their best judgment in the purchase of a suitable testimonial for Doctor Stratton,

the retiring presiding officer.

(The question was taken, and the motion was agreed to.)

The Acting Chairman. I appoint Mr. Barron, Mr. Holwell, Mr.

Moynihan, Mr. Ralph Smith, and Mr. Nebinger to act on that committee.

PROBLEMS ARISING IN THE SUPERVISION OF PUBLIC MARKETS—

Continued.

Remarks of Lawrence Paul, Chief, Bureau of Weights and Measures, Richmond, Va.

Mr. Chairman and gentlemen, in our city we have two city markets. About 400 country people come from the surrounding territory, and they are people who produce practically everything they

offer for sale. On Saturdays the market is crowded with all kinds

of vegetables, chickens, meat, meal, and anything that those country

people produce. We charge each farmer 10 cents for space, and it

IS a case of first come first served; they have no regular places. The
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 59

10-cent fees pay for the superintendence and keeping the market

clean and any other expenses that are incurred. We do not, however, bar out other dealers who buy the produce which they have

for sale.

The direct supervision of the markets does not come directly under

the bureau of weights and measures, but rather under the market

supervisor, who is in direct charge of the two public markets. He

has a market clerk at each market, and this official is in direct charge

of everything within the market buildings proper and for a certain

distance in each direction. The weights and measures inspectors

make at least two general inspections each year and set the standard

as required by law. After that the market clerks are held responsible for all the scales, weights, and measures. These clerks are furnished with a set of test weights and have been instructed in their use by our bureau. One great problem that we have in our markets is to

make our people keep their scales in balance. I will send my men

there Friday, and by noon Saturday the scales will be out of order.

I keep my men in the market watching all the time. As I have

said, it is the duty of the market clerk, after we set the scales to a standard, to see that they are kept up to that standard; but we have

to go to the clerk and tell him that the scales are out of order. It

is a great pity, in my mind, that the market clerk virtually has charge

of the weights; that should be imder our department.

The scales in the markets are of the usual types to be found in

such places. Family scales have been eliminated. The farmers and

pedlers usually use the standard measures. We have the spring scale,

the equal arm scale, the computing scale, and if you would see some

of those used by the old colored folks you would think they have

some that Grant left when he was down there. We do the best we

can. It is rather hard on them to take their scales from them, when

it costs so much to replace them.

The great trouble we have had has been with the laws. Our law

in Richmond says that anything sold by weight shall be full weight;

anything sold by measure shall be full measure; but you can apjproach

a man with a box containing three pecks of sweet potatoes, and if you

ask how much is in the box he will say " $2 a box. " If you repeat

your question "How much is in there?" He will answer "I do not

know. I do not sell by the bushel." So we want a law requking

everything to be sold by weight and measure in the entire town.

But our department is on the job and the other day nabbed a man

who was not using a standard tested measure. The judge asked him

what kind of a measure he was using and he told him; thereupon the

judge said; "Fifteen dollars fine for not using standard tested

measure." The use of strawberry baskets as meastu-es has been

stopped; we do not allow anything to be sold in a container that has

been used once. We do not allow a basket to be used as a measure.

In a recent case we noticed a man measuring with a berry box, and

on making a purchase observed he pinched m the corners when

making a sale. It cost him $10 fine; that is all. The use of soap boxes for the sale of potatoes and tomatoes still continues to a limited extent. We have no law now to prevent this,

but hope to see this practice wiped out in the near future. The buyers have been advised against buying this way, and it has resulted

in much good. There is the best of cooperation between the market
60 U. S. BUREAU OF STANDARDS.

ojBoicials and the weights and measures bureau, and all are working

for the best interests of the citizens generally. A plan is on foot to

give us a new market, one that is up to date, and 1 think it will be

all right.

The Acting Chaieman. You gentlemen have heard the very excellent talk by Mr. Paul. Doctor Stratton is here, and I will request

him to resume the chair.

(Doctor Stratton resumed the chair.)

DISCUSSION OF ABOVE PAPER.

The Chairman. The gentleman from Virginia made one remark

which is very significant and which has been the keynote of our work

from the very beginning, a thing that I have mentioned time and

again. It was that those people are not experts and we will have to

show them what to do. That means a great deal, and it is vital in

this weights and measures work. In fact, they can not conform to

the law unless we make it possible. I have always felt that education was the duty of the sealer, and that he should look at his work

as other than that of a policeman. The police duty is objectionable,

but he must follow it up; but how insignificant this phase is as compared with the instructions and information he can give to reputable

men, the men who want to do right and without some good standards can not do it. I think education is nine-tenths of yo.ur duty.

Mr. Siren. We have 25 public markets in our city of New Orleans.

These are markets that are run by the city government, with the

exception of five, which were built by private parties which revert to

the city after 20 years.

The minimum fees collected range from 50 to 75 cents for a stand

8 feet long, and an increase in the fee is made of 10 cents per foot

in the case of stands over 8 feet long. The maximum fees collected are from $2 to $2.50. The average total fees collected in the French

market, which is the largest market in the city, amounts to $108

a day. The average total collection for the Mehle market, which

is the smallest market, amounts to $13 a da}^. Private markets

are allowed to be established anywhere in the city except in certain

residential sections. In the case of the French market, which is the

one where truck farmers come in with their wagons, a profit to the

city is realized. The public can buy cheaper in a public market than

they can in a private market, and they also have more of a variety

of products to choose from.

GENERAL CONSIDERATION OF SUBJECTS OF INTEREST AND

QUESTIONS BROUGHT UP FOR DISCUSSION BY CITY AND COUNTY

OFFICIALS.

TOLERANCE AND SHRINKAGE ON BUTTER IN PRINTS.

Mr. EsTEs. Mr. Chairman, I have a question in regard to tol- erances on prints of butter. We weigh a good deal of butter in our

section of the country, and I would like to know what tolerances are usually allowed in other places.

Mr. HoLWELL. In cities of the first class in New York State we

have a ruling that requires an inspector to weigh up 12 prints of butter taken at random. These 12 prints must average 16 ounces per
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 61

print, net weight, to pass inspection. I have always insisted that

those who put up print butter should put up more than 16 ounces

in order to take care of shrinkage.

Mr. McGrady. In the State of Pennsylvania we allow one-sixteenth ounce, and they claim it is a very low tolerance. When I first

went into weights and measures work I made a survey in Pittsburgh,

and of the 300 odd brands of butter very few averaged up to 16 ounces. We got in touch with manufacturers throughout the United States,

and it was the opinion that they could put 16 ounces of butter in a pound print, with allowance for moisture. As Mr. Moore stated, we

nave had a lot of trouble with butter that was put up in prints, but

after a few prosecutions and fines the butter started to gain in weight

and at the present time we are having little trouble with it. At first

one large firm in Pittsburgh claimed that they could not put up the

butter to come within the tolerance and they became very insolent,

but we simply condemned the butter, condemning it solely on account

of weight.

The Chairman. Did you take into consideration the amount of

water in it ? Mr. McGrady. We experimented to ascertain tlie loss Ukely

through evaporation, so that we could arrive at an intelligent toler- ance figure. We took a number of pounds of butter, weighed them,

and then kept them at the same temperature for tlxree months in a refrigerator of the department of health, and the prints did not vary

one-sixteenth of an ounce. Mr. Eqan. Mr. Chairman, in regard to the tolerance on butter the

laws of Connecticut provide authority for the dairy and food commissioner to put a tolerance on dairy foods, and on butter a toler- ance of a quarter of an ounce a pound has been placed. That does

not mean that a total of 10 pound prints may have an average shortage of one-quarter ounce a print—they should weigh the full quantity of 10 pounds. Shortly after the establishment of our weights

and measures department in Connecticut we had several prosecutions

for short-weight butter, and it finally developed that an Illinois

creamery was shipping butter prints about 1 ounce short weight.

After we had five or six prosecutions against retail dealers we woke

up to the fact that probably that short-weight butter was in some

storage warehouse. This was found to be the case, and one of the

managers of tlie storage warehouses came to me and began to inquire

if we were not going to give him a chance to correct that condition.

I said, " No ; I do not think we can do anything along that line if you

have short-weight butter on hand and you are supplying those retail

dealers. We will prosecute every place we find it, whether it is in

your storage warehouse or in the store of a retail dealer." He said

"You can not prosecute me. I have arranged to ship back 6,900

pounds of it," and that ended our troubles as far as he was concerned.

In another case we prosecuted a grocer who had sold short-weight

butter. We then took it up direct with the creamery people, and

when we got through they went out of business; they concluded they

could not continue in business any longer, as they had gotten such a bad condition.

Mr. Barr. I would like to ask if anyone has found oleo short

weight. It seems to me that it is pretty well up to weight.
62 U. S. BUREAU OF STANDAB.DS.

Mr. EsTEs. Mr. Chairman, in all of our weighings of oleo we found

but one case in which it was not quite up to standard, and we took

that case up and it was corrected. In our weighings we found this

product held up to standard, and the oleo people deserve a little credit

tor it. When we use the term "oleo," we apply it generally to all those "manufactured butters."

I find when butter is put up well it should not shrink very much;

it should not shrink one-quarter of an ounce in a week and should

keep up to full weight for four or five days if it has been kept under

proper conditions. When we first started out to make butter investigations we found some that ranged from 14 to 15 ounces a print.

At this time we have it in pretty good control.

Mr. Strobridge. Mr. Chairman, in California our allowable moisture content is 16 per cent. We allow no stated tolerance in deficiency. Whether sold in 2-pound, pound, half-pound or quarterpound pieces, the net weight must be there. If the retaUer has it on

his counter for a few days and has not taken care of it and the wrapper shows that it has dried out somewhat, then we do allow them the

tolerance of the weight of the wrapper. In prosecutions for the violation of the weights and measures law in so far as the weight is con- cerned we have nothing to do with the moisture content. That is under the dairy bureau.

In case of a violation the first thing we do is to confiscate the butter from the retailer and turn it over to the charitable institutions of

the county, and prosecute him for manufacturing short-weight butter.

Then it is up to the retailer and the creamery man to adjust their

differences. But unless there is a gross violation by the retailer we

go after Mr. Packer every time.

Our greatest trouble in California has been that of short-weight

butter during the last five years. Prior to that time they had a very

large tolerance, but since the weights and measures departments have

been very active we eliminated that. Our greatest trouble has been

where creamery men manufacture 2-pound prints of butter and the

retailer tries to make two 1 -pound prints of it. There is no cutting

machine that will take a 2-pound square of butter and make two

accurate 1-pound pieces of it. Nine times out of ten one piece will

be larger than the other.

The Chairman. You do not sell butter by the roU in California ? Mr. Strobridge. We sell butter by the pound, and I think that

everything that is sold in the United States should be sold by weight.

Cut out all your other measures. Mr. Strong. I would like to ask Mr. Holwell how he manages to

get these creameries to put in a little more than the amount required

in the packages to compensate for shrinkage.

Mr. Holwell. I handle thousands of cases every year. Those

fellows have got to obey the commissioner of weights and measures

in New York City. The packers do not want to be brought into a

civil court and prosecuted for shortweight in their product; therefore they comply with my request that I want more than 16 ounces

in the original package, and we have had very little diflB.culty since I insisted on this. I hope that the weights and measures officials

throughout the United States will have the same influence that I have

had.
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 63

The Chairman. You want more than your pound of butter ? If

you should get a print that was exactly a pound you would pass that,

wouldn't you ? Mr. HoLWELL. Yes; certainly.

Mr. Matthews. In regard to the butter question I would say you

do not find so much trouble in Portsmouth to-day. Our print is probably one-eighth to one-sixth ounce and sometimes a quarter of an

ounce light. We did find in the past that chain stores were taking

a 62-pound tub of butter and weighing out 65 "pounds" by cutting

three-quarters of an ounce light.

MEASUREMENT OF SWEET POTATOES.

Mr. Matthews. I would like to ask the gentleman from South

Carolina how they measure sweet potatoes. I bought some potatoes

that were shipped from South Carolina to Virginia and they were

marked on the label "Net contents, 5 pecks, cubic measurement."

Now, in figuring it out I found that the cubic inches in the container

were the same as the cubic inches in 5 pecks, but we could not measure 5 pecks out of that box of sweet potatoes. It may be that sweet

potatoes do not fit in a square box like in a round peck measure,

and another thing you can not level the sweet potatoes. Anyhow

we made only about 4 pecks out of them. The jobbers say they buy

them from South Carolina producers. I made them obliterate the

marking and they may sell by the box; but they may not sell that

box for 5 pecks in Virginia. I would like to learn from the gentleman from South Carolina just how he measures sweet potatoes. Perhaps he has some law governing it. We use a heaping peck measure in selling both Irish and sweet potatoes.

The Chairman. How could you expect to measure 5 heaping pecks

out of a 5-peck box ? The box may be of the proper number of cubic

inches, but when you take the potatoes out of the box and heap them

up in a measure you are attempting to compare level cubic contents

in one and heaping measure in the other.

Mr. Matthews. It is our practice; but you can not make 5 pecks,

heaped measure, out of a box.

Mr. Roberts. Mr. Chairman, I would say that you should buy

them and resell them by weight.

The Chairman. What is the legal weight of a bushel of sweet potatoes?

Mr. Roberts. I have no idea what it is. In the District of Columbia everything is sold by weight, so it does not make any difference

here.

Mr. Matthews. That is the point I have just brought out; South

Carolina specifies 52 pounds to a bushel, and we only get 45 pounds.

The Chairman. All this points toward the importance of selling

by weight.

short weight in wrapping twine.

Mr. Siren. Mr. Chairman, I do not know whetlier any of these

gentlemen have had a chance to weigh wrapping twine made out of

cotton, put up in 5-pound bags. I went in one of the miUs where

they made wrapping cords and picked up one of the bags and it weighed 4 pounds and 14 ounces. This means that the jobber who
64 U. S. BUREAU OF STANDARDS.

orders 200 pounds finds it 5 pounds short. Perhaps some of j^ou

will run across some of these 5-pound bags, and when they come from

ray territory I would like to have you let me know.

THE USE OF CERTAIN 7-OUNCE BOTTLES.

Mr. Barr. The 7-ounce milk bottle for people in restaurants was

considered and ruled out some years ago, but recently there has come

on the marlcet in Ohio a drink made out of skim milk and sweetened

cocoa which is being put out in 7-ounce bottles. It is not caUed a milk bottle, but it is of approximately the same size stopple and has

the same cap as the regular milk bottle. The point is, there are a

great many people in country towns who keep a cow and, having a few of these 7-ounce bottles on hand, they use them and the average

person would not notice the difference. Such bottles should be kept

out of milk distribution.

The Chairman. I remember when they wanted to make such a

bottle to serve patrons in restaurants, but I thought it was entirely

ruled out.

Mr. Barr. It has appeared in Ohio for this drink. The bottles are practically the same size and shape as the regular milk bottle.

We want to prevent people getting them and using them for milk.

The Chairman. It is up to the sealer to stop that practice.

Mr. Foster. They also have a similar drink which they are selling

in Massachusetts in a like bottle. I had a conference with the representative of this company and they changed the style of the bottle so that it comes under the food-package law. We check these,

and that is as far as we can go. I agree that it is very confusing and

too much like a milk bottle.

The Chairman. Your law happens to be such that you are given

the authority to act.

Mr. Barr. I gave the information to the State department; that

was as far as I could go. I did not have any more authority.

The Chairman. I should think the State sealer should bring it before the State legislative body.

Mr. Foster. If they conform to the State pure-food law, I do not

see that you can make them go any further.

Mr. Strong. If you do not control these bottles, it will only be a very short time until they are used for milk.

The Chairman. I suppose they would say it was not a milk bottle ? Mr. Schwartz. In our State we have standardized bottles used for

milk and cream. We serialize the bottles and have the contents

blown in the glass, and, in addition to that, the name of the user of

the bottle must be on the bottle. Those bottles are used only for

milk or cream. They may be used for no other purpose. We have

the same beverage made of skim milk and chocolate and we are taking it up. Every one of our health departments in the local communities have penalties for using milk bottles for anything else but

milk and cream under the State law; and, in addition to that, no

dealer can use the bottle of another concern under a penalty of $500.

That would stop the use of these 7-ounce bottles.

Mr. Matthews. In Portsmouth we do not require the dairymen

to use their own bottles, but we do require the name of the dairy on

the cap, together with the day of the week it was produced. A per-
SIXTEENTH ANNUAL CONFEKENCE ON WEIGHTS AND MEASUKES. 65

son who buys the milk gets that information and knows just exactly

how old it is. Mr. Strobridge. We often have pretty serious problems ia relation to milk bottles. In making a test of a shipment of bottles coming into our territory we generally try to test about five bottles out

of a crate. If the bottles run outside of the tolerance, we hold them

up, and sometimes allow the glass manufacturers, if they so desire,

to go and pick out the bottles that are faulty, and we pass the balance. The other day in testing out a great number of bottles shipped

by way of Panama Canal to Alameda they showed an average

excess of 4 drams. I immediately condemned the bottles. They

came back at me with the suggestion "Will you allow us to ship a carload 4 drams in deficiency to offset it?" That is in the air now.

I turned it down. What would you do ? Mr. Siren. I would turn down both of them.

Mr. Goodwin. Did you assume that privilege, or was that your law ? Mr. Strobridge. There is a question of whether we would be

vested with that authority or not. It would establish a precedent,

and I did not care to take the chance.

uniform ton for coal.

Mr. Cluett. Mr. Chairman, at last year's conference of weights

and measures officials I presented a resolution prepared by the National Retail Coal Dealers Association, requesting that steps be taken

to urge upon Congress the passage of a law making the 2,000-pound

unit the standard for the ton of coal in the United States, in the

interests of uniformity. That resolution was voted down, I believe

because it was not properly understood and because it was looked at

from a wrong viewpoint. I am going to ask permission, if that is necessary, from the delegates of the conference, at this time for a reconsideration. I would like to introduce the same resolution, have it referred to the resolution committee, and have a discussion on the

last day of the conference in order to give everybody an opportunity

to present their views.

The resolution reads as follows:

Whereas much confusion exists from lack of uniformity in weights and measures

of coal in and between various States, 27 States specifying 2,000 pounds as consti- tuting a ton; 1 State, that of New Jersey, providing for the use of both the gross ton

of 2,240 pounds and the net ton of 2,000 pounds; 18 States not deUmng the number

of pounds in any way; and the United States Government iu all its purchases, as well as the States of Maryland and Pennsylvania, employing the gross ton; and

Whereas there is an annual conference of weights and measures officials of the

United States meeting May 23-26 at Washington: Therefore be it Resolved, That we, the delegates to the National Retail Coal Merchants' Association,

this day in convention assembled, urge that the delegates to the above-mentioned

conference on weights and measures take steps leading to the adoption by Congress

of the 2,000-pound unit of weight as applying to coal; and be it further

Resolved, That member organizations in the States now recognizing 2,000 pounds

as a legal ton be urged to foster legislation which will make such quantity of 2,000

pounds the recognized unit of sale. (Signed) Homer D. Jones,

President, American''Reta%l Coal Merchants' Association.

This resolution was sent me from Chicago May 22, 1922.

Mr. Matthews. Mr. Chairman, I move you, sir, that we recon76317—24 5
66 U. S. BUREAU OF STANDARDS.

sider our former action and that this resolution be referred to the

resolutions committee.

Mr. Paul. I am very glad you are bringing this matter up, for

since I have been here I have received telegrams and letters in relation to it every day.

Our people in Richmond to-day are very much intei^ested in this

question. Our chamber of commerce is composed of 1,000 or 1,500

of the most prominent people in Richmond. To-day, as I understand

the situation, the coal men of a certain class buy coal at 2,240 pounds

to the ton, and when we go to them they figure it up this way; $4

for the coal at the mine, $3 freight and $1 profit, and they make us pay $8 for the ton; but the delivery is but 2,000 pounds. He does

not tell us about the 240 pounds of coal ho puts in his purse. Why

does one part of the country have a 2,240-pound ton and another

part a 2,000-pound ton? We do not have a difference in measures,

nor do we have an avoirdupois pound weighing other than 16 ounces. Let us go on record for having a 2,000-pound ton. Four years ago

it was up, and it seems all we can do is to talk about it. I think

now is the time for action, and I second the motion.

Mr. Maroney. I have no objection to Mr. Cluett's resolution being

brought before this conference, and he has done well by giving us an

opportunity to mull over it. I am the purchasing agent for all the

city departments for coal, and I want to say to the gentleman from Virginia that if he can guarantee the whole country 2,000 pounds of good

coal for each ton I think the resolution will go through unanimously.

If you are going to change the ton for coal, there are other industries for which the ton likewise should be changed.

The Chairman. There is more misuse of the word "ton" than anything else in weights and measures. Mr. Maroney. I especially desire to have it understood that the

only reason I welcome this is that I would like to have it mulled over. Why not use the hundredweight as the unit ? The Chairman. Undoubtedly the tendency is toward sales by 100

pounds or 1,000 pounds. In the case of larger units there is a tendency

toward the 2,000-pound ton. However, this discussion is merely to

open up the subject.

Mr. Maroney. I believe in putting the resolution on the table, but

I would be very glad to have it come up, and, as I feel now, I am

wilhng to be shown.

Mr. Schwartz. Mr. Chairman, I think the discussion at this time

is unnecessary. After we revise the resolution it will be presented

through the regular channel and come up for regular discussion.

(The question was taken and the motion was agreed to).

FAREWELL TO THE BETIBING PRESIDENT, DR. S. W. STRATTON.

The Chairman. Before we adjourn I want to express my great appreciation to this body for the way you have cooperated with us, and I am very sorry that my new work makes it necessary for me to sever my connections with you. However, I will come here whenever I can and keep in touch with you. I must leave this evening. I will

not be with you for the rest of the conference, and I do not feel like

leaving without saying something in farewell. I can not tell you how

much I have enjoyed this work and how much I have entered into
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 67

its purpose, and I know it will go on at the bureau the same as before.

The great progress made has been due to Mr. Fischer's great interest

in it. How he labored over it in the early days! In recent years

Mr. Holbrook has carried on the great burden of this work and deserves

great credit for it. I am just as much interested in this movement as ever before and

will do all I can to further it, and if I can be of assistance at any time

do not hesitate to call upon me. Again, I want to say that it is with

very great regret that I sever my connection with this organization.

Mr. Margney. This is quite a surprise, Doctor Stratton.

May I ask the vice president to take the chair, or will the gentleman from New York, Mr. Holwell, take the chair?

(Mr. Holwell assumed the chair.)

Mr. Margney. It is quite a surprise that Doctor Stratton is going

from us so suddenly. To be brief and to the point, we do not want

to lose him, and, in view of that fact, I move you, sir, that Dr. S. W.

Stratton, now of Boston, be made our honorary president, to hold

office during his lifetime.

(The motion was seconded, the question was taken, and the motion

was agreed to.)

Mr. Holwell. I want to add a word. I regret very much that

Doctor Stratton is leaving us to-night, because I had hoped that he

would remain and listen to the resolution which I have no doubt will

be adopted by this conference, showing the great love, respect, and

unbounded admiration in which we hold Doctor Stratton.

This conference will not only place a permanent record on its minutes, but it will show to the nation what the officials affiliated with

weights and measures believe Doctor Stratton has accomplished during

his 22 years' tenure in the Bureau of Standards for the advancement

of our movement in America.

I hope that Doctor Stratton will carry from this conference, and

from the men with whom he has been identified for over a score of

years, the feeling that not only were they interested, but that they

felt for him the feeling which comes to one when he seeks and finds a friend.

Doctor Stratton we have had as a friend and an adviser, and I hope, in his new field of endeavor, he will always look back with love

to his work here with us. Mr. D. J. MoYNiHAN (representing the manufacturers of weights

and measures). Mr, Chairman and Delegates: The work of the

Bureau of Standards, known, understood, and appreciated by the

representatives of cities and States, has to do primarily with a service

to the pubhc, and in that service no other body of men touch elbows

so closely each day with the pubhc. That is equally true of the contact between weights and measures officials and all reputable manufacturers of weighing and measuring devices. The latter have been

privileged to attend these conferences, and, although it may not be

generally known by the delegates, have been treated with a great

degree of consideration emanating from the gentleman whom you are about at this time to honor. There has been no attempt by the

bureau under his jurisdiction to promulgate regulations affectmg the

manfacturers of the country without the proposition under consideration having been first submitted to them for criticism m order that
68 U. S. BUREAU OF STANDARDS.

the action might not impose a burden on the manufacturers without

a corresponding benefit to all concerned.

We, too, like you, feel keenly the loss; but we feel great pleasure in

knowing that there has come to him in some measure a promotion, an

elevation, a call to higher duty, because of the manner in which he

has so ably performed the duty or office assigned him previously.

I do not think, gentlemen, in the history of our great country,

there has ever come a greater distinction to any man than the distinction that has come to our friend, to have been selected for his

new post, from the broad field of the United States, selected from a

large field of the gi-eatest experts of this country. He has been

asked to come to the great city of Boston, to that great seat of learning, and there is no greater institution of learning than the one in

which he is going to occupy the seat of president. He is following

in the footsteps of a man who has left a world-wide reputation, and

we know Doctor Stratton will ably discharge the duties of that important position, as well as did his predecessor, Doctor MacLaurin. So

it is desirable that the representatives of the manufacturers of America

add to your word of praise and commendation, and we hope that he

tmay find in his new field of endeavor as much joy as he has found in

this work, and we can add no more than was so well expressed by the

temporary chairman of our sincere affection and friendship for Docsor Stratton. I am proud on behalf of the manufacturers, and pergonally, to express our high respect and present their tribute and my

ersonal tribute in a measure that wul be acceptable to Doctor

wtratton. In his new field of endeavor we stand ready to cooperate

thith him in any shape or manner that he may desi*e, that we may

us show the gi'eat devotion and affection in which we hold him.

Doctor Stratton. 1 thank you.

Mr. HoLWELL. Let us have a rising vote of thanks for Doctor

Stratton.

(The conference stood and applauded Doctor Stratton.)

(Mr. Holwell stepped from the platform and escorted Doctor

Stratton to his seat on the platform.)

Mr. HoLWELL. The man we love! [Applause.]

Doctor Stratton. I have heard all. Gentlemen I have said all I can say. I thank you very much. The meeting stands adjourned.

(Thereupon, at 4.10 o'clock p. m., the meeting adjourned to meet

Wednesday, May 23, 1923, at 10 o'clock a. m.)
FIFTH SESSION (MORNING OF WEDNESDAY, MAY 23, 1923).

The conference reassembled at 10.20 o'clock a. m. at the Bureau

of Standards, H. A. Webster, first vice president, presiding.

Mr. Schwartz. Mr. Chairman and members of the conference, I regret exceedingly that Mr. Foley is unable to be here this morning.

He was indisposed and was obliged to return home.

THE ELIMINATION OF SALES BY GROSS WEIGHT.

By J. Hakry Foley, Superintendent of Weights and Measures, State of New Jersey.'^ Members of the conference: With the broadening of the scope of

weights and measure work it was but natural that subjects other

than the actual testing of equipment to assure its accuracy should be

given consideration.

Practically the first step beyond the primary stages was to provide

some manner of regulation of the sale of commodities in package form

in order that a definite method of indicating and ascertaining the

quantity of the contents of such package might be had. It conse- quently followed that under date of March 3, 1913, there was added

to the Federal Food and Drugs Act passed in 1906 an amendment

that had for its purpose the accomplishment of this aim, viz, the

marking of net weight, volume, or numerical count on packages of

food. Unfortunately the amendment as then adopted was not sufficiently extensive in its latitude to cover conditions that were later to

arise. Therefore, in the paper assigned to me—"The ehmination of

sales by gross weight"—I will endeavor to enumerate what some of

these conditions comprise.

The subject is one of vital importance to every weight and measure man in the country, each of whom is no doubt constantly dealing with the proposition of commodities sold in package form. It is to the credit of a number of States that they were sufficiently farsighted to carry their statutes beyond the limits provided bv the

Federal amendment, and I regret that New Jersey is not included

among them. While the deviation of various States from the provisions of the Federal act resulted in a consequent lack of uniformity

in such laws, nevertheless, when the extent of this deflection was to

include commodities other than food and drugs, I say again this is to

their credit; for in so doing they have kept pace with the general

trend of progressive business methods, havmg for their purpose equitable conditions of sale and competition.

The short time at my disposal since the assignment of this subject

to me has not been sufficient to enable me to tabulate the present

standing of the various States on the net-container laws. We do know,

however, that the State of New York has gone into the matter very

thoroughly, and while in New Jersey we are enforcing to the letter our net-container act so far as its provisions extend, our distinguished

• In the absence of Mr. Foley this paper was read by A. W. Schwartz. 69
70 U. S. BUREAU OF STANDARDS.

representatives from the Empire State might deal more intelligently

with the subject than I. Therefore, I can give you but a brief r?sum6

of what our experiences in the department have been, which indicate

very clearly that there is a crying need for further development in the

sale by net weight to the exclusion of all other methods.

First of all, we might deal with a few of the commodities outside

the pale of foodstuffs. Some of these are paints; oils, and kindred

liquids; ammonia; soaps; shoeblacking; powders of various kinds;

cord, twine, hemp, rope; waxed, toilet, crepe, and ream papers; cleaning fluids; powders; furniture polish—in fact, we might go on indefinitely listing the various commodities that do not come within the

present scope of the net-weight amendment, and all of which are sold

in package form. It has been embarrassing to New Jersey^ to be

obliged, practically, as a daily occurrence, to inform correspondents

that om" law does not cover this or that commodity and also that the

Federal statutes do not apply.

I am here to-day to plead for uniformity either by a Federal act

covering the subject fully or by the States individually adopting harmonious statutes, for it is only in this way that the proper methods

of merchandising can be attained.

A commission merchant purchases jute, twine, rope, cord, or hemp

in the State of New Jersey and offers it for sale in New York. He is charged gross weight at the mill, paying for the wooden core or spool

as commodity, and is- compelled by the laws of New York to sell at

net weight.

Packers of food commodities in containers, such as canned goods,

cereal foods, etc., are now compelled to make a net-weight declaration

of contents, eliminating the weight of the can or carton, and, if this

is the principle of the net-weight-container law, why should the weight

of a barrel, box, sack, or wooden core or spool be included when other

commodities contained within or upon them are offered for sale ? I take it that the enactment of tne weights and measures laws and

their enforcement is calculated to wipe out all trade customs and

practices which conflict with and defeat the principle of net weight,

and it is only by a true net-weight law that this ideal can be accomplished. A firm stand should be taken against the sale of any commodity by gross weight, as this custom is a menace and defeats the

principle of net weight.

All containers, no matter what thej be, are items separate and

apart from the commodity they contain and should not be included

in the weight of the commodity when such weight forms the basis for

the sale of the commodity. The Federal net-weight law is limited to

apply to food in package form, and I think the time has now arrived when

additional legislation should be enacted to require sales by net weight

not only of every commodity but also whether sold in a container or

not. It is as much the fimdamental duty of weights and measures

officials to protect the purchaser against fraud in quantity in the sale

of a roU of toilet paper, a spool of hemp, or a can of paint as it is in

the sale of foodstuffs.

What we need is the enactment of a "True net-weight" law, eliminating gross weight, and the cooperation of the several States in its

rigid enforcement; also, the abolisning of those meaningless and over- worked terms so often found on packages—"or more" and "when

packed." Honest weight without evasion will be accomplished by a
SIXTEENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES. 71

proper law, and we in New Jersey feel that the time is ripe for the

introduction of such legislation as will bring about the desired result.

The Acting Chairman. Before there is any discussion on this

paper, Mr. Holwell, of New York City, has a paper which he will

present concerning the same general subject.

MANiraR OF SALE OF CORDAGE.

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

New York City.

Mr. Chairman and gentlemen, I have been requested to supplement

Mr. Foley's paper to-day in so far as he touched upon the question

of the sale of rope and twine, because we, in New York State, have

a decision of our higher court, based upon an ordinance of New York

City, which permits the sale of rope and twine by gi'oss weight.

The practice of selling rope and twine, gross or net, according to

convenience or to gain advantage has caused a great deal of confusion in the trade and has given opportunity to dealers to practice

manipulation.

The confusion is caused by some of the mills selling gross weight

only, while other mills sell net weight. The dealers (joboers) sell as they purchase. When they are charged for gross weight by the

mills, they charge for gross weight in their sales. There are only a few mills selling net weight to wholesalers and in order to meet competition those mills will be compelled to sell gross. Large concerns

dealing in rope and twine in New York City are anxious to have a uniform basis of sale and prefer that basis to be net weight, but

they state that changing their system of sale from that of the mills

would put them to great inconvenience and expense, and they have

adopted the system of selling the products as they purchase them.

The tare or covering consists of such materials as burlap, paper,

wood, metal bands, etc., the value of wliich is trifling and which is absolutely useless to the user. To illustrate the advantages taken

by dealers of this situation, I cite an instance where I traced a shipment of six coils of rope weighing about 30 pounds each frorti a warehouse representing a manufacturing firm to a srnall jobbing

house. The rope was sold to the jobber without covering and was

resold by him lashed in burlap covering which weighed 2 pounds

on each coil of rope. The burlap was slimy and was outside a paper

wrapper. The advantage to this jobber was considerable, as the

additional weight enabled him to sell the product apparently cheaper

than his competitor and made it appear to the purchaser that he

was getting more for his money. This practice is prevalent amongst

small jobbers. In order to be within the law, jobbers mark tlieir

bills "gross for net," "weight includes wrappings," etc. One large mill when selhng twine marks the barrels as follows:

"Gross 200 pounds, tare 22 pounds, tare allowance IS pounds."

This means that the actual weight of the barrel is 22 pounds, but

the manufacturer allows only 18 pounds to the dealer, the 4

pounds being charged for the barrel.

Some dealers have suggested a standard tare or a standard weight

for the covering and wooden reels on which rope is wound. This

does not seem practicable under present conditions, because the mills
72 U. S. BUREAU OF STANDARDS.

could, more easily arrive at net weight than they could arrive at a standard tare. It is too great an innovation to be favorably accepted

by a trade which has rejected the more practical system of sale by

net weight, which they could ascertain and mark on the packages.

The sale by net weight at the mills would remedy this condition,

as the large firms comprising the wholesale trade would sell the

same waj and small jobbers could not afford, to continue selling

gross v/eight in opposition to the larger firms. There is no reason

advanced, by the manufacturers for selling gross weight, and such

sales are especially hard to justify when the tare is marked on their

packages. Sash cord, clothesline, and cords used for various other

purposes are commonly wound, on wooden reels. The weight of the

cord on such a reel is 40 pounds, while the weight of wood varies

from 4| to 5 pounds, the cord being sold gross weight. The tare

may be 12^ per cent of the net weight. The weight of this wood

varies from ^ to f pounds; when light dry wood it will weigh 4^

pounds; when heavy hard wood is used it will weigh 4f or 5 pounds.

Balls of twine are sold practically by numerical count. The balls are wrapped in packages of 6, 10, 12, etc., and an estimated, weight

of 8 ounces is understood generally, although they vary from 6^ to

8 ounces. Some mills mark the individual balls by putting a small

label inside at the core after the twine is wound. Dealers state that

marking individual balls is impracticable owing to the variation in

weight which can not be avoided owing to the variation in size or thickness of the twine. However, in the better class of goods, where

uniform size can be manufactured, uniform weight could be safely

marked.

For some years past in America public opinion has been assisting

in the formulation of the decisions of our courts, and so I hope

ultimately to see the courts in the various States decide that the

only way to sell commodities is by net weight. To return to the

court case I spoke of in the beginning, I may say that this decision

illustrates the view that some courts take regarding the sale by net

weight or by gross weight.

The case is known as the City of New York, plaintiff, v. Wilkinson

Bros. & Co., defendant, and is reported in 151 App. Div. 660. Justice

Laughlin wrote the opinion of the court, which was concurred in

in by every member. He says:

The question submitted for decision is whether the facts stated in the submission

show that the defendant, which is a domestic corporation engaged in carrying on

business, among other things, as a jobber in twines, by a sale on the 4th day of August, 1911, in the Borough of Manhattan, N. Y., of a bale of twine at 12^ cents per pound gross weight, which was 144 pounds, and was 7 pounds more than the net weight after removing the covering of the bales and of the packages therein contained,

violated the provisions of section 388 of the municipal ordinances and is liable for the penalty of $100 imposed thereby.

The manufacturers customarily pack the twine in bales, each containing a number

of packages, and each package containing a number of balls of twine, the number

varying according to the size of the twine, and deliver it to the jobbers in this form.

No weight is shown on the bales, and evidently it can not be ascertained by the

jobber without completely unpacking the bales. Said section 388 of the ordinances,

as amended on the 11th day of July, 1910, and in force at the time of the sale in

question, provided as follows: "No person shall sell or offer for sale any commodity or article of merchandise in any market, or in the public streets, or in any other place in the city of New York,

at or for a greater weight or measure than the true weight or measure thereof; and

all ice, coal, coke, meats, poultry, butter and butter in prints, provisions, and
SIXTEENTH ANNUAL CONFEKBNCE ON WEIGHTS AND MEASURES. 73

all other commodities and articles of merchandise (except vegetables sold by the

head or bunch) sold in the streets or elsewhere in the city of New York shall be

weighed or measured by scales, measures, or balances, or in measures duly tested,

sealed and marked by the commissioner of weights and measures or an inspector of weights and measures of the said city: Provided, That poultry may be offered for sale and sold in other manner than by weight, but in all cases where the person intending

tqpurchaseshallsodesirea-ndrequest, poultry shall be weighed as hereinbefore pro"

vided. No person shall violate any of the provisions of this section under a penalty

of $100 for each offense.

Prior to the amendment the section did not contain the general terms " commodity

or article of merchandise." It merely prohibited selling or offering for sale, in the

places specified in the section as amended, "any fruits, vegetables, or berries in

crates, baskets, or other measures, or any butter in prints, or any ice or coal or other

fuel at or for a greater weight or measure than the true measure thereof," and further

provided that "all ice, coal, coke, meats, poultry, and provisions (except vegetables

sold by the head or bunch) of every kind, sold in the streets or elsewhere in the city of New York, shall be weighed or measured by scales, measures, or balances, or in measures duly tested and stamped by the inspector or deputy inspectors of weights and measures "; but this was followed by an express provision that poultry might be offered

for sale and sold "in other manner than by weight, but in all cases where the per- sons intending to purchase shall so desire and request, poultry shall be weighed as hereinbefore pro'vided."

In City of New York v- Fredericks (Law Journal, April 17, 1912) thiscourt, con- struing the ordinance before it was so amended, held that it was highly penal, and

that under the rule of strict construction applicable thereto it did not prohibit the

sale of bacon in sealed jars in which it was put on the markets by the packers. In that case the opinion was expressed by the majority of the court that the first clause of the ordinance did not prohibit sales of the articles of food specified other- wise than by weight or measure, but was designed to apply to sales by weight or measure, and to require that such sales be made according to the true weight or measure, in order that purchasers might not be defrauded; and that the second

clause of the ordinance contained no express prohibition against sales otherwise than

by weight or measure and should be construed in connection with preceding claues

and was designed to insure the use of proper weights and measures in the sale of the articles of food specified. That decision is decisive of this case, for on the point

now under consideration the amendment merely substituted general language for specific language and otherwise left the construction the same. These views render it unnecessary to decide whether, if the sale in question came

within the prohibition of the ordinance, the ordinance could be sustained as consti- tutional, and its enactment was authorized by the legislature, but it is not apparent

that the public health or welfare can be affected by the question as to whether a competent vendor and vendee shall be permitted, without fraud or deception on

the part of either, to make a contract of sale of cord or rope in bulk or by gross weight,

and it is difficult to perceive any theory upon which that question concerns the

public.

It follows that the defendant is entitled to judgment dismissing the complaint,

but, pursuant to submission, without costs. All concur. DISCUSSION OF PRECEDING PAPERS.

Mr. Schwartz. Mr. President, could I ask Mr. Holwell a (question ? Mr. Foley owing to lack of time was unable to get sufficient data

in his State. Does not New York seem to have a law outside of the

foodstuffs act, taking in other commodities ? We should have harmoniously uniform legislation as to the elimination of gross weight

and make the use of true net weight general, whether by State or by Federal action.

Mr. Holwell. We have in New York State a net-weight-container

law, which permits the manufacturers to state gross weight as long

as they also state the weight of the container.

We find a general tendency toward sale by net weight because

competitors are selling by net weight, and this forces those who are practicing the sale of gross weight to adopt the practice of net-weight
74 U. S. BUREAU OF STANDARDS.

man afacturers. I would like to know from representatives of other

States what they have been able to accomplish in the way of decisions

of t]i'?ir courts on this question.

Mr. Schwartz. I second that suggestion of Mr. Holwell's, because

I think here is the time and place for the discussion. If we are to

attera.pt to get gross weight eliminated, let us have some discussion

on it and find what are the experiences of the delegates.

Mr. McGeady. I feel sorry, Mr. Chairman, for Mr. Holwell and the

inspectors who get up evidence and data in prosecuting cases where

we have laws, such as New York City and Pennsylvania, covering

the net-weight question. But I suppose you will all have to go along

with those opinions and stand with them. A gentlemen once asked

Abraham Lincoln what was the true version of law and Abraham

Lincoln told him that it was the last guess of the Supreme Court; so I

think we are all in the same boat until we have the proper opinions

to back us up.

Itlr. HoLBRoOK. Mr. Chairman, I might say at this point that a

tabulation of the various State laws of the United States shows that

36 States have laws requiring that containers of food in package form

be marked mth the net contents thereof. A smaller number of States

have laws upon the subject which is being discussed this morning;

that is, these States require, in addition to food, commodities in

package form to be marked with the net weight of the contents.

These States, as we find them, are Iowa, Montana, Nevada, New

Hampshire, New York, Oregon, Pennsylvania, South Carolina, Texas,

Utah, and West Virginia. Mr. Holwell has described the method

which he believes proper for the sale of cord and twine.

This method should also be applied to textiles and textile materials

in general. It would seem from the examples presented and the

facts of the case that a law requiring sales by net weight of all these

commodities might be a very advisable one. Speaking especially as

to the soft-fiber cordage trade, we have been advised that an attempt

has been made, covering a period of a number of years, to obtain

sales by net weight by agi'eement among the manufacturers. It is said that for a while those efforts met with some success, and that a number of manufacturers transferred their sales from a basis of

gross weight to a basis of net weight. However, we are informed

that all the important manufacturers of soft-fiber cordage did not

go over to a basis of net weight in spite of the agitation to this end.

As a result competition in these commodities became very unfair

and very difficult. A certain number of firms were quoting on a

net-weight basis, while others were quoting on a gross-weight basis,

including the weight of the container. Without the actual weighing of the commodities it was difficult to arrive at the various

prices per net unit. Naturally many customers may have over- looked the fact that the quotation of one was on the basis of

gross weight while the quotation of the other was on net vv^eight, and

they may have arrived at an incon-ect conclusion as to the true

prices at which the commodities were sold. The result of all this

is said to have been that a very large majority of the manufacturers

of twine and cordage, etc., have returned to the basis of sales by

gross weight.

If the above is a true statement of the facts—and we believe it

is—here we have a case where the industry has tried to obtain net
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 75

weights through mutual agreement, and the effort, although strongly

made, has failed to accomphsh the desired object. Therefore, if net weights are to be required in the case of cordage, twines, etc., it becomes necessary to have proper legislation upon the subject. We

have mentioned twines and cordage particularly because that is an

industry in which specific efforts are said to have been made, but

when we talk about the question of net versus gross weight in package form it is not my mtention to limit the principle to these commodities. In general, it should include all commodities. You all know the effort which this conference made over a period of years to

require wrapped hams and bacon to be sold on a basis of net

weight—efforts which culminated in the passage of the amendment

to the pure-food law, which specifically declares that those commodities are goods in package form and required to be marked in

accordance with the terms of the act. With that success behind us I think we may readily proceed in

our endeavors to attempt to get other commodities than food sold

in the same way that foods are now almost universally sold. This

might be handled by close cooperation between the Federal Government and various States, the various States to pass legislation to this end to cover intrastate commerce, and Congress to enact a

general law to protect the States in the case of shipments from

beyond their borders.

The model law on the subject of weights and measures, adopted

some years ago by the conference, includes three sections of especial

interest in this connection: Section 23 of form No. 2, which relates

to foods and all other commodities in package form; seciion 24,

which covers additional commodities packed in certain specific ways,

which, while, in general, they may be said to be in packages, are not,

perhaps, in the package form defined in section 23 in the terms o that definition; and, finall}', section 30, which provides that whenever

a commodity is sold on the basis of weight such weight sh«ll be

understood and construed to mean net weight in every case. The reason why sections 23 and 24 are both necessary is this:

The term "original unbroken package" is defined in the rules and

regulations promulgated under the authority of the Federal food and

drugs act, as the "original package, carton, case, can, box. barrel,

bottle, phial, or other receptacle put up by the manufacturer, to

which the label is attached * * *." You will note that this

definition generally contemplates containers into which commodities

are put after the container has been made up in a definite form. In our definition we have amplified the meaning so that our definition

includes not only these containers into which commodities are put

but also commodities around which wrappings are placed. But we

still have a third classification, a commodity put up as a unit, but

not having coverings or wrapping about it. A ball of twine is, perhaps, not a package under the first definition in that it is not put

into a container. It may perhaps not be a package under the terms

of the second definition, because there may be no \\Tappings or coverings of any kind inclosing it, so we have defined commodities

so put up—commodities which may be on a spool or similar holder, or

in a baU, coil, or skein, etc. It is possible that even this definition

might be amplified, so we now have three sections of interest in this

one connection. As a result this matter is now scattered through the
76 U. S. BUREAU OF STANDAEDS.

model law, and any State not having the model law complete and

endeavoring to enact legislation upon this specific subject would have

to prepare a special bill incorporating certain scattered features of

the model law.

If it seems to be the sense of the conference that legislation along

the above lines is desirable, it might be a very good plan to assemble

and modify to the extent necessary the various sections of the model

law now covering the subject and incorporate them in one bill,

which bill could be taken by the representatives of the various

States interested and introduced into their legislatures. If such a

draft were prepared, the material would be in a compact and usable form for the use of those States desiring to produce legislation

in relation to this particular matter.

Mr. McGrady. Mr. Chairman, we have three or four bills introduced into the Legislature of Pennsylvania, and among these is one

concerning our net-weight law. A couple of the bills have gone

through the legislature and are in the senate. I now understand

that Governor Pinchot has signed one, so the net-weight law and

several other amendments are on the way through. This will

straighten our net-weight law in connection with what Mr. Holbrook

has said about foods.

Mr. Schwartz. Mr. Chairman, that is all right for Pennsylvania,

but the rest of us are out ia the woods. I think Mr. Holbrook's

suggestion is a very good one, and if the various sections of interest

in the model law could be compiled I think it would be a fine idea.

I will make a motion to the effect that that be done.

Mr. HoLWELL. I second the motion. We would be very glad to

have Mr. Holbrook do it and present it to the conference, so that it

could be brought to the attention of the various States. If they

desire they could present it to their legislatures.

The Acting Chairman. You have heard the motion made hj Mr.

Schwartz concerning Mr. Holbrook's preparing a draft of a bill on

the subject.

(The question was taken, and the motion was agreed to.)

ADDRESS BY THE SEOBETABY OF COMMEBOB, HON. HEBBEBT

HOOVBB.

In welcoming you to this conference to-day I am going to take occasion to direct your attention to a conference which will be held at the

bureau here later this week, on Friday, May 25, since I think you will

aU be interested in it and in the underlying principles involved, and

some of you may desire to remain over to attend the session. I may

state, then, that with the approval of the State governors I have

called a conference upon " Specifications" for purchase of supplies by

our National and local Governments and public institutions. This

bald statement of purpose might appear to the uninitiated as a question

of little importance. As a matter of fact, in its ramifications it means

hundreds of millions of dollars to the taxpayer, and it means much

more to the private consumer and to the manufacturer. It is an important link in the whole great chain of elimination of waste in our

mdustrial and commercial fabric.

Specifications are the formulated, definite, and complete statements

of what the buyer requires of the seller. They must be an accurate
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 77

representation of the chemical and physical characteristics of the

article or material required, and they must be adapted to the best

practice of production and distribution.

The first step in formulation, therefore, is the determination of

these chemical or physical characteristics, and this brings us to the

entire field of standardization of commodities—that is, the determination of qualities, of grades, of purposes, and performance. Scientific

standards, of course, are of old origin. Emerson defined a standard

as "That which is established by investigation or authority to be a reasonably attainable maximum of desirability." The more accurate

definition of scientific standards has received a great impulse under

the research necessitated by the war and the very large development

of industrial and commercial vision since that time. Their formulation requires the services of chemists, physicists, engineers, and whatnot. But beyond this it requires something that has been too often

neglected, and that is the added experience of the manufacturer, the

producer, and the user. There is no economy to be obtained by setting up such a standard, and consequently such a specification, for

an article as will require that it be specially manufactured, when an

article already largely produced for commercial consumption will give

equal service, or by the setting up of such requirements as will necessitate increased costs of production, without compensation in service.

Standardization insures quantity production and, hence, lower

production cost; smaller investment of capital and, therefore, the

release of capital for other industrial purposes and developments.

Specifications and standards are a changing requirement, for there

is steady progress in the arts and invention, and requirements, therefore, must be subject to periodic review.

Being aware from war experience of the great faultiness of specifications used in Federal purchases, I undertook early in this admmistration that the Department of Commerce should review these

specifications. Subsequently, with the establishment of the Bureau

of the Budget, an interdepartmental committee was created for the

better development of this work, at the suggestion and under the

leadership of the Department of Commerce. Each of the specifications are Deing taken in hand, and the chemical and physical requirements of each article in question are being exhaustively examined in

the laboratories of the Bureau of Standards. Beyond this, however,

after we have arrived at definite scientific background, the manufacturers in each branch are being brought into consultation to make

sure that the industrial and commercial setting of a given specification is right from the point of view of the practical producer. By so doing we have found that a great many specifications for large purchases were loosely drawn, so that the various manufacturers making bids were offering really entirely different articles of different

grades and quahties, and that, therefore, a mere monetary difference

in price did not denominate relative merits because of the lack of

precision in specifications. Moreover, we have found that other specifications were drawn purely from the point of view of the personal

vision of some official, and as drawn required special manufacture,

when well-known articles, already standardized, would serve equally

well. Consequently, manufacturers when bidding upon such articles

necessarily bid a price that would warrant special production and

consequent interruption of ordinary business. Furthermore, as all
78 U. S, BUREAU OF STAISTDABDS.

Government purchases must be subject to inspection whenever any

particular item proved to be deficient as regards the specification and

was thrown back upon the manufacturer, he could not in turn dispose

of it to some other user. Thus, he again made an addition in his bids

to cover this risk, and in net result the Government was paying very

much higher than the regular prices for articles or materials and was

gaining nothing in service. The requirement for special articles or materials also resulted frequently in the refusal of manufacturers

and producers to bid at all on Government contracts. We found,

furthermore, that in many cases no method had been worked out for

the testing of materials when delivered to determine whether or not

they complied with the specifications, and that it was necessary to

rely upon the judgment of inspectors who had no scientific background with which to make tests. Now, all these reorganized specifications are enabling the Government to buy on much better terms and at savings to the taxpayer.

This conference, therefore, has been called with the thought that the

Federal Government—with its great laboratories and with its large

experience in the standardization of purchases, in the formulation of

the sequent specifications, and in the development of methods of

testing—could be of service to the purchasing agencies of States, municipalities, and pubhc institutions.

Especially in research work and in the elaboration of methods

of testing can the Federal Government and its laboratories be of

value to purchasing agencies and industry generally. Research is a necessary component of standardization and the formulation of

specifications.

Research points out the ideal standard of excellence which the

commercial standard adopted should reach as nearly as possible. The

" final specification must be a compromise between consumer and

producer—the consumer demanding the nearest approach to the

ideal, the producer agreeing to approach that ideal as nearly as possible commercially—cost, rapidity and quantity of production, service

requirements all being given due consideration."

The determination of methods of testing is of great importance;

probably 75 per cent of all controversies regarding rejection and

penalties are caused by the lack of standard methods of testing.

This whole question is proving to be of vastly greater importance

than even the savings on public purchases might imply. Industry

itself has long struggled to establish standards and to secure their

acceptance as a method of simplifying the process of manufacture

and raising the ethics of production. Furthermore, where standards

and specifications are successfully developed by the Government

through the methods we have undertaken, they are receiving wide

voluntary acceptance and adoption among public consumers. I need only to point to the case of cement, where practically the

whole output of the country is now produced and distributed on the

basis of Federal standards and tests, it being sufficient in the purchase of cement simply to state " Federal specifications." It has been

a great boon to the cement industry to establish the uniformity and

quality of its products ; it has been an even gi'eater boon to the construction industries of the country to share in the benefits of such

establishment of quality and such method of test. I may illustrate one phase of the problem that lies in another

direction, in the effect that the establishment of standards and thus
SIXTEENTH ANNUAL, CONFERENCE ON "WEIGHTS AND MEASURES. 79

of specifications may have upon the whole of the processes of production. We had to consider the specifications for a wearing part in

automobiles. The products of different manufacturers were secured

and were placed under exhaustive chemical, physical, and actual

operating study. It was found that under equal conditions this wearing part had, from manufacturer A for instance, a life of one year,

from manufacturer B a life of two years, and from manufacturer C

a life of three years, and so on with all sorts of variations in between.

In this case we communicated the result of the investigation to the

manufacturers not as to names but purely as to qualities disclosed

and the physical characteristics which were developed as necessary.

The result of the conference and study which grew out of this matter

was that in the next offering of these parts none of them failed on

the long-life test, and the improvements had been put into general

Production. A computation made by manufacturers shows that the

enefit to the public automobile user through the longer life amounts

to a saving of at least $15,000,000 a year, and it is entirely a saving

of waste.

This work on commercial standards and specifications has traveled even farther afield, for many industries are now applying to the

Department of Commerce to establish standards upon which specifications may be founded. We have a very illuminative case in the

matter of gasoline, where the automobile manufacturers' association

was anxious to secure a standardization of gasoline on the basis of

highest performace, whereas the gasoline producers very naturally

wished to include as large a percentage of Kerosene in the gasoline

as was commercially possible.

At the request of these two industries an exhaustive physical examination of the subject was carried on by the Department of Commerce,

and in the end, as the producer and consumer were not able to agree

between themselves as to the standard, they ultimately left it to the

Department of Commerce for determination, and I believe the specifications used for Federal Government purchases are likely now to

become the national standard.

There is still another phase of this whole question of great importance to industry and commerce. There has been a steady movement toward the simplification of dimensions in many common articles. It is a branch of standardization. Since this administration

came in, the department has undertaken organized cooperation with

industry in this matter. I may cite the case of the face-brick manufacturers who produce face brick in 54 dimensions and who at a

recent conference arranged a meeting of all interests to approve the

elimination of 52 of these different dimensions, thus reducing sizes

of manufactured bricks down to 2 different dimensions.

Similar simplification of dimensions has been successfully carried

out through conferences during the past year at this department in

pavmg brick, bedsteads, springs, mattresses, metal lath, paint, prepared roofing, hotel dishes, grades of asphalt, and other items. And

m every case the consuming trades have been brought into cooperation with the producing trades for this purpose. The savings to the

public and industry from these cooperative arrangements can be

estimated in scores of millions. Such simplification will not only

greatly reduce the cost of manufacture, by permitting larger repeti-
80 U. S. BUREAU OF STAISTDAHDS.

tive operations, but it will also greatly cheapen the cost of distribution, because dealers will not have to carry so many different varieties in stock.

One part, therefore, of this problem of specifications is to see that

the specifications fall within the area of simplified dimensions, thus

securmg the practical enforcement of such simplification by confining

the demand of the consumer within this number of varieties.

Simplification is not interference with grade or quality or individuality. It is simply an elimination of waste in production and distribution. I could recite to you several hundred different articles

and materials which have been simplified in the above fashion. And

I could cite many practical results that have followed. I have here

a communication from one of the textile by-product manufacturers,

stating that the simplification agreed to at conferences in this department has saved, during the first year of its operation, upward of

-$25,000,000 to the industry; and all these successful simplifications

ultimately reduce prices to the consumer, for under a competitive

system he must sooner or later receive a large part of the benefits.

Now, I do not wish to give the impression that specifications must

be newdy discovered in order to be proper and advantageous. Our

engineering and professional societies, especially the American Society for Testing Materials and the American Engineering Standards

Committee, have long been engaged in the preparation and standardization of certain types of specifications; our university laboratories, our great industrial laboratories, the engineers in our large industries

have for years been developing specifications in a great multitude of

materials. Many of these specifications have lain dormant for lack

of use by the consumer in his demands upon the producer. Others

of them have not had applied to them the test of commercial experi- ence in production. It is our purpose to adopt whatever is good,

to put it under review as to its practical application, and, as w^e have

done hitherto, to call in the expert manufactm-er and producer for

his cooperation and advice.

The direct purpose of any wise cooperative effort in the adoption

of specifications is thus to secure constructive application of scientific

knowledge to service requirements; to coordinate similar demands

and eliminate unessential differences; to balance increases in cost

against probable service improvements, taking full advantage of existing commercial varieties; and to formulate adequate test or inspection methods, all this resulting in the development of greatly improved

products, vital support to the national movement toward simplification of lines, processes, and business practices, and marked lowering

of costs and prices. When such a cooperative undertaking combines

Federal, State, and municipal groups, as in the present instance, we

have the additional advantages of the unequaled facilities of Government laboratories in investigation; the broadcasting, with Government approval, of many little known but excellent specifications

developed by private industries; the prestige of Government specifications leading to wide voluntary adoption in commerce; and the

unification of demand in vast purchases with incalculable benefit in

raising and stabilizing the quality of American production.

I wish to travel somewhat further than the above highly technical

discussion into the fields of broader economics of production and distribution. If you will examine our economic fabric to-day, you will
SIXTEENTH ANNUAL. CONFERENCE ON WEIGHTS AND MEASURES. 81

find that our farmer, through the disparity between the prices of his

products and the prices of me commodities he buys, is in a more disadvantageous position than he was before the war. Thus, broadly

speaking, the buying power of a larger part of our population has not

kept pace with the rest of us. When you begin to account for this

fact, you will find the explanation in the higher taxes imposed by

the war and in the very much greater proportion in the increase of

industrial wages as compared with the income of the farmer. I believe that I am historically correct when I say that, in every case

hitherto of emergence from periods of inflation, labor has been able

to hold on to a large part of the gains which it made in wages; and

that the solution of the problem of decreasing the costs of manufactured articles to the level of the agricultural population's buying

power must come about to a considerable degree through increase in

the eflBciency of industry and commerce or, stated in other terms,

through the elimination of waste in the processes of industry and

commerce.

There are a great many directions in which this problem of waste

elimination and increased efficiency extends. It extends even into

such problems as an ample transportation system; but a very large

opportunity for the elimination oi waste and the increase of efficiency

lies in the field that I have been describing to you to-day. It is a

field of much larger dimensions, in hundreds of millions and billions

of dollars, than will be believed by any except men of professional

experience. It is proposed to seek cooperation in this field not only

for the purpose of decreasing the cost of supplies in public purchases

but also in the influence that the consumer can exert in cooperation

with the producer to minimize the costs of production and distribution.

I could formulate these propositions into terms of reducing the

cost of Hving, or I could formulate them into terms of raising standards of living. Whichever economic phrase we may adopt, they both

lead to the same end—and that is the increased comfort and happiness of our people.

Mr. Miller. In relation to the paper which I am about to read I may say that I have not had sufficient time since the assignment of

this subject to make such an investigation as would justify the

inclusion of the Middle West in the title of this paper. I have tried

to point out some reasons why there should be a change in our

present system of bushel weights. I only hope to provoke some

discussion and develop some thoughts that may be carried back to

the various States and finally resolved into a system more uniform

than the one we have now.

I have made some references to rather ancient history which I hope you will pardon. It has been done in order to remind you of

some pertinent facts and also to remind you that we are no farther

advanced in some lines than were our brothers of 600 or 700 years

ago.

76317—24 6
82 U. S. BUREAU OF STANDARDS.

THE ATTITUDE OF THE MIDDLE WEST TOWARD THE ABOLITION

OF BUSHEL WEIGHTS.

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

Standards of weight and measure are essential for scientific and

commercial purposes, and the facility with which scientific investigations and commerce are carried on depends largely upon uniformity

of these standards. Uniformity of standards has long been sought.

Laws intended to bring about this desirable end were enacted under

Henry III of England in the thirteenth century. Later rulers of

England, as well as of other European countries, attempted from

time to time to establish uniform standards. The necessity of proper

standards was so apparent to the authors of the Constitution of the

United States that an article was included authorizing Congress to

&K the standard of weights and measures. In his first annual message to Congress Washington stated that, "Uniformity in the currency,

weights, and measures of the United States is an object of great

importance and will, I am persuaded, be duly attended to." His

second message also included references to this important subject,

and in his third annual message he spoke as follows: "A uniformity

in the weights and measures of the country is among the important

objects submitted to you by the Constitution, and if it can be derived

from a standard at once invariable and universal must be no less

honorable to the pubhc councils than conducive to the public con- venience." The repeated recommendations of Washington went

unheeded. Adams likewise urged Congress to take action, as did

other Presidents in later years.

While Congress delaj^ed action most of the States adopted standards independentl}^ of the Government and of each other. Standards

of the same denomination varied widely and much confusion resulted.

Finally the Senate in 1830 directed the Secretary of the Treasury to cause to be made a comparison of v/eights and measures in use at

the principal customhouses. Large discrepancies were found, and

without waiting for further authority from Congress the Treasury

Department took immediate steps to correct existing unsatisfactory

conditions by adopting definite standards. Among the standards

adopted was the bushel of 2,150.42 cubic inches, inherited from England, where it was kno^vn as the Winchester bushel.

On June 14, 1836, the Secretary of the Treasury was directed by

Congress to dehver to each State a complete set of the new standard weights and measures. Nearly all the States have adopted as their legal standards the standards dehvered to them at that time.

To date Congress has failed to enact adequate legislation on weights

and measures and, judging from the readiness with which the States

adopted the standards proposed in 1836, is responsible for the chaotic

conditions now existing in regard to standard bushel weights.

Unlike the units of measure of length and weight which were

derived from objects in nature familiar to all the people, the bushel

had no direct natural origin. In primitive times the measure of

volume was merely the "heap" either large or small. The word

"bushel" is derived from a Latin word meaning literally "something made of boxwood." From this we have the "box" or "measuring box."
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 83

The bushel was first defined in the time of Henry III in the

"Statute of the assize of bread and ale" in these words, "Eight

pounds do make a gallon of wine and eight gallons of wine do make

a bushel." The ideas of weight and capacity were closely related.

The unit of weight was the penny, which was determined by weighing 32 wheat grains. From this unit was derived the ounce, the

pound, the gallon, and the London bushel of 8 gallons. In 1495 Henry

Vll of England had constructed standards for the Winchester corn

gallon and standard corn bushel, the latter containing 2,150.5 cubic

mches. In the time of Queen Anne, about 1700, the Winchester

measure was commonly called water measure. The corn bushel was

superseded in 1824 by the Imperial bushel of 2,218.192 cubic inches,

which represents the volume of 80 pounds of pure water at 60° F.,

under a barometric pressure of 30 inches.

The State legislatures have attempted more or less successfully to

maintain the relation between volume and weight by enacting laws

establishing bushel weights. With two exceptions, all States have

adopted bushel weights for three or more commodities. The wide

variations in the bushel weights adopted seem to be due to the lack

of any definite method of arriving at the proper bushel weight for

any particular commodity. A study of the State bushel-weight laws

indicates that the commodity weight selected in most cases may

have been dependent upon one or more of the following considerations : First, the weight of the q^uantity of the commodity ; for example,

beans, which when hulled, will make a struck bushel; second, the

weight of the quantity of the commodity that will in its natural state

fill a bushel measure; third, the weight of the quantity which will

be contained in the bushel measure when heaped, in some instances

to rounding, in others to the maximum ; fourth, a weight determined

by certain local commercial practices and which may have no close

relation to volume.

The use of such methods, of course, results in widely varying

weights, even for the same commodity. The confusion is further

increased by variations of densities of commodities in different localities and under varying conditions and also from the fact that but

few States have adopted specifications for the dimensions of measures

of the fractional parts of the bushel. Since the volume of the heaped

measure depends on the diameter, it can have no definite meaning

unless the latter is invariable.

The States have continued fixing bushel weights for fruits, vegetables, and seeds until about 175 commodities are included. An mspection of the table of these weights contained in Circular No. 10 of

the Bureau of Standards reveals some very interesting, as well as absurd, facts. Forty-four States have fixed the 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 red top 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 is 55 pounds and of coarse salt 50 pounds, but exactly the reverse is found in the ad-
84 U. S. BUREAU OF STANDARDS.

joining State of Illinois. Ten pounds of kale are required for a bushelin 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. And so one could continue pointing out inconsistencies in standards throughout all the

States.

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 v/eighings. 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 or decrease the standard avoirdupois pound,

yet the States have continued to establish by legislation new bushelweight 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 Oidahoma 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 refer- ence has been made.

No doubt the State legislatures which have established bushel

weights had in mind at least two commendable purposes, namely,

the protection of the ultimate consumer and the standardization of

trade practices. While these ends have been partially attained locally, the situation generally has been made more complex. If Indiana

is representative of the Middle West, then certainly it is safe to

state that the trend of sentiment in the Middle West is toward the

abolition of the bushel weight in favor of the hundredweight. The

weights and measures inspectors of Indiana in convention last year

expressed themselves in favor of the abolition of the bushel weight

and the adoption of the hundredweight as a basis for the sale of all dry commodities. Many farmers recognize the confusion resulting

from the large number of different bushel weights and the increased

difficulty of mathematical calculation, yet do not wish to return to

the old system of dry measures with their attendant opportunities

for fraud. Hence, they are coming more and more to favor the

weight standard.

The Indiana Grain Dealers Association, the Indiana Eetail Grocers

Association, the Indiana Wholesale Grocers Association, and others,

while they have not officially gone on record, have stated through

their ojSicers and members that they would support any legislation

looking to the establishment of a weight standard.

The South Central States Food, Feed, and Drug Officials Association, and the Central States Food, Drug, and Dairy Officials Association, embracing about 14 States, passed a resolution at their joint

session in Louisville, Ky., May 1, urging the passage by Congress of

the decimal weight flour bill. Many of the officials present spoke

favorably of the abolition of the bushel weight. The demand for
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 85

uniformity and standardization in both private enterprise and public

regulation of business is growing. Either the bushel weight must ^o

or some degree of uniformity be obtained. If standardization is good for private enterprise, it is certainly good for the public at large.

The abolition of bushel weights may reasonably be urged because

:

First. The system as it exists at present is unscientific. Instead of

simplification, complexity has resulted. Second. The system is cumbersome, unwieldy, and difficult to enforce. Thousands are unfamiliar with the v/eights adopted for individual commodities, and in many

instances do not know how to secure the information. Even a

large majority of sealers can not give the bushel weight for each

commodity without reference to the printed list. Third. The bushel

weight is either unnecessary or will be unnecessary in a comparatively

short time. Producers and dealers have found it expedient to buy and

sell dry commodities by weight rather than by measure. Fourth.

Bushel weights have not accomplished the pm-pose intended. It is a physical impossibility to bring about the application in trade of a

large number of bushel weights varying in amount from 4 to 125

pounds. Fifth. Uniformity of bushel weights is unattainable, at least

until Congress adopts bushel v.^eights for all commodities usually

found in commerce.

Bushel-weight laws have served a good purpose. They have done

much to further the sale of dry commodities by weight rather than

by measure. Such laws should not be repealed unless something

better is offered. Perhaps Massachusetts has found the solution of

the problem in the laAv recently enacted in that State relative to the

sale of commodities by weight or numerical count and which reads,

in part, as follows:

Except as otherwise provided * * *, or except when sold in the original standard container, all fruits, nuts, vegetables, and grain shall be sold at retail by avoirdupois weight or numerical count. The words, "Original standard container," as used in this section, shall mean and include only barrels, boxes, baskets, hampers, or similar containers, the dimension or capacity of which is established by law of this Commonwealth, or by act of Congress, the contents of which have not been removed

or repacked by the retailer, and upon which is plainly and conspicuously marked

the net quantity of the contents thereof in terms of weight, measure, or numerical

count. Some difference of opinion exists as to the manner of marking the

original container. Many believe the net quantity should be indicated either by weight or numerical count. This is, perhaps, not so

serious a question as first appears, when it is considered that most

fruits and vegetables prepared for shipment are carefully graded and

the shipping package entirely filled. The greatest opportunity for

raud occurs when the package is broken and the contents sold in

small quantities. Small measures do not lend themselves to the

measurement of bulky fruits or vegetables, and their use should be

eliminated as intended by the Massachusetts law.

Such laws as the Massachusetts law must, of course, be accompanied by laws defining standard containers. Preferably, Congress

should take the lead in fixing the size, shape, and dimensions of all containers used in the interstate shipment of fruits, vegetables, and

seeds. No doubt the States would quickly follow in their adoption

of such standards.

In conclusion, I would recommend for your consideration the

following statement from the Massachusetts report of the commis-
86 U. S. BUREAU OF STANDARDS.

sioner of labor and industries, the director of standards, the commissioner of agriculture, and the director of the division of markets

upon the expediency of revising the established legal bushel weights

of Massachusetts, but which is applicable in the case of other States

which have established bushel weights:

The fallacy of attempting to remedy the conditions by any changes in the established bushel weights is apparent, as any weight adopted must necessarily be arbi- trary and can not reasonably be expected to represent the actual weight of a bushel

of any commodity at the time of sale. Experience teaches that a standard unit of measure must be definite and constant, having a fixed and uniform value at all times and under all conditions and circumstances. The avoirdupois pound meets

with all these requirements, and there appears to be a substantial unanimity of opinion on the part of all concerned in favor of requiring all retail sales of fruits,

vegetables, and grains to be made on the basis of avoirdupois weight, exception

being made in regard to certain fruits or vegetables which have been carefully

graded as to size, in which case the sale may be made upon the basis of numerical

count and, provided also, that retail sales may be made in any original unbroken

standard container in which the goods were received by the retailer. DISCUSSION OF ABOVE PAPEB.

The Acting Chairman. To my mind this is one of the most important subjects that will be discussed in this conference. If there are any questions, I am sure that Mr. Miller or others versed in the subject will be glad to answer them.

Mr. Foster, Mr. Chairman, we are glad to advise what has been

done in Massachusetts. Massachusetts has been one of the pioneers

in the abolition of the bushel weight. Mr. Miller suggests that

Massachusetts perhaps has found the solution of the problem in the

recent law which provides for the sale of commodities by weight or numerical count. We may state that this law was enacted in 1922,

and it is working very nicely. We feel that the only solution of the

problem is the use of the unit of Vv^eight—all articles are sold by the

Sound or in the original container as packed by the shipper. I feel

[r. Miller's paper is right to the pomt, and that it bears out the

judgment of Massachusetts in adopting the avoirdupois weight as the standard of measurement.

Mr. McGrady. Mr. Chairman, after listening to Mr. Miller's very

interesting and instructive paper pertaining to the bushel weight I heartily agree that everythmg should be sold by weight. Of course,

some States will have trouble in getting the proper legislation.

When I went to the bureau of standards in Pennsylvania there were

82 commodities listed in the State law, and to show you the absurdity of some of these weights established I may mention that the

weight for unshelled peas was 56 pounds. Last fall we had 352

bushels checked up in the field by the inspectors and the average

was slightly under 28 pounds, one-half of what we had it on the

statute Dooks. I inherited those weights. But a new law was signed

by the governor the day before yesterday, and in that we have established the bushel weight for this commodity at 28 pounds in con- formity with existing conditions. In the old law cranberries was

fixed at 48 pounds. We tried that out and brought the weight per

bushel down to 32 pounds. That bill is in force now.

Mr. Schwartz, i might say that in New Jersey we are confronted

with dual system of sale, either by weight or by measure, and if sold

by measure the weight of the bushel must be that fixed in the law.

At the session a year ago we introduced a sales-by-weight bill, but
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 87

we were unable to get this through on account of not having the

farmers with us at that time. They did not see why the bushel

should be abolished. In the present year the same bill was introduced, and, while it made a httle more progress, Mr. Foley has already

reported that it did not get through owing to the rush in the windup

of the legislative session ; but we are heartily in favor of abolishing

the bushel weight, since we feel that bushel weights do not mean

anything. For instance, at the present time there are about 96

varieties of apples grown in the United States. Our State specifies a legal weight of 48 pounds to the bushel, but it is pretty hard to

get it; one shipment will be heavier and another lighter. I think

the solution is sales by weight, on the hundredweight basis if you

choose, and abolish the dry measure entirely. That is what we are

after, and we hope to get it. Sales by weight is what we want, and

I think we are heading that way.

Mr. Casaday. Mr. Chairman, in view of what has been said I am

very glad to live in Colorado. I do not think I ever saw a bushel

measure or any other dry measure there. Everything in Colorado is sold by the hundredweight. We sell corn, oats, wheat, apples, etc.,

by weight, so to that extent I know we are progressive in Colorado.

Mr. DiNSMORE. What the gentleman from Colorado says holds true

in my State, Nevada. The day before I started East I was talking

with a grain dealer in my own home town and he stated that it was

extremely confusing to persons in that part of the country, to look over the market reports which are quoted in bushels, since we deal

entirely in hundredweight units. Out there we have no conception of the bushel; everything is sold by weight. I am sure that the

Western States will welcome the day when everything is sold on that

basis elsewhere.

The Chairman. I think we in the East have something to learn

from what is taking place in the West, Even in the State of Colorado, where there is no weights and measures department, they are ahead of you all in regard to this particular subject.

Mr. Strobridge. Mr. Chairman, I would like to state that in California we do not know the bushel. We do not know anything about

it. I have lived a few years, my hair is gray, but I have never seen

a bushel in my hfe. The only time we are bothered by a bushel is when some one from Louisiana ships sweet potatoes in or some one in

Arizona ships string beans to California, or some one in Massachuwe stop and scratch oiu* heads and dig up the United States Government reports to find out how many pounds there are in a bushel.

It is true that California, very many years ago, before we saw the

light, established the 60-pound bushel of wheat and the 32-pound

bushel of Oats, but I think these are the only commodities we have

standardized as far as the bushel is concerned. Everything is sold

by the hundredweight—apples and everything down the line. Merchants sometimes use a quart measure as a convenience to measure

out cranberries, but when they so use it they have to put the cranberries on the scales and have so many pounds in that particular

package. I hope the day will not be far distant when the bushel

measure is entirely eliminated. Let us get on one great, big, fine

basis of weight.

Then we hear of the bushel, and
88 U. S. BUREAU OF STANDARDS.

Mr. Cluett. Mr. Chairman, in the city of Chicago we abohshed

the use of dry measures over 12 years ago, and we nave been selhng

by weight or numerical count ever since. We do not recognize the

dry measure. Mr. Miller. Mr. Chairman, I think one explanation is due from

Indiana. The law establishes bushel weights for a long list of vegetables, but practically all commodities are sold by weight, except

larger packages, like the bushel package that comes into the State

through interstate commerce. These are the packages that worry us more than all the rest of them. Chiefly because these bushel weights

are seemingly useless is the reason why I have been advocating their

abolition and putting everything on the same basis.

Mr. Goodwin. Mr. Chairman, in the State of Rhode Island that

question has been up before our legislature. We have no trouble

whatever in getting a law through the house of representatives to

abolish the use of measures, but when the bill goes to the senate it

is always killed. The senate is made up largely of the farming element, and they are against the abolishment of these measures. I have gone throughout the country to talk with them and reason with

them in regard to the elimination of that method of dealing with the

public, but can not convince them; somehow or other they have got

it into their heads they want those measures which they have always

used as have their grandfathers and great-grandfathers before them,

and it seems to be an established fact that they will not do without

them. The wholesale and retail merchants, and the general public

prefer the sale of produce by weight. Nearly every commercial organization has gone to the legislature and argued the point before it; but, as I have said, while the bill passes the house with a large majority, the senate always refuses it, and I am afraid it always will.

Mr. HoLBROOK. Before we present the report of the committee on

specifications and tolerances on specifications and tolerances for vehicle tanks I may state that it is rather long and detailed. If anybody

desires a copy of it, we have copies of it on hand to satisfy all the

delegates present.

Mr. Strobridge. Mr. Holbrook, 1 would suggest that it would be

a mighty fine thing if the department could send these out to the

different States and different counties, so that we could have these

at home. If we take these home, a good many of us will fall by the

wayside and maybe lose them.

The Chairman. Do you make that as a motion ? Mr. Strobridge. Yes.

(The motion was seconded.)

The Chairman. It has been moved and seconded that the Bureau

of Standards mail a copy of these specifications and tolerances for

vehicle tanks to each delegate and guest of this conference.

Mr. Siren. I would like to amend that motion, Mr. Chairman, to

the effect that copies also be sent to the oil-refining companies and

the oil comjpanies. I think it will help us if the refineries and oil

companies nave copies.

Mr. Strobridge. I accept that amendment,

(The question was taken and the motion was agreed to.)
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 89

REPORT OF THE COMMITTEE ON SPECIFICATIONS AND TOLERANCES ON SPECIFICATIONS AND TOLERANCES FOR VEHICLE

TANKS, PRESENTED BY F. S. HOLBROOK, CHAIRMAN.

The status of specifications and. tolerances for vehicle tanks is as follows

Two years ago a motion was made and passed, by the Fourteenth

Annual Conference to the effect that the committee on specifications

and tolerances determine by investigation whether or not vehicle

tanks and compartments thereof, used in the distribution of gasoline

and fuel oil, should be allowed to be used as measures in the sale of

these products. If the committee concluded that they could, be used

satisfactorily for this purpose, it was requested that specifications

and tolerances be prepared for application to such tanks when used

as measures, and that these be presented for consideration of the

conference.

The first phase of the committee's work was concluded before the

last conference, and a paper was presented upon the subject at that

time, in which the recommendation of the committee was to the

effect that when the deliveries were properly safeguarded vehicle

tanks might safely be used as measures in the wholesale deliveries of

gasoline, fuel oil, etc. The Fifteenth Conference accordingly

passed a resolution to the effect that it was the consensus of the

opinion of the conference that vehicle tanks might be used as measures when properly safeguarded, and the committee was again

instructed to prepare specifications and tolerances for vehicle tanks.

The committee now places in your hands for consideration its report,

embodying specifications and tolerances for vehicle tanks when used

as measures.

It should be emphasized at this time that the manufacturers of

vehicle tanks and oil distributors using them have not as yet had an

opportunity to examine these specifications and tolerances. That

is, for this very good reason: The committee on specifications and

tolerances, on account of the lack of funds, is unable to assemble

the full membership of the committee at any meetings during the

year. As a result these things must largely be worked out by cor- respondence or by sectional meetings, and it is usually necessary to

go over the whole proposal and get the report in final form two or three days before the conference. The committee on specifications

and tolerances has been meeting at the bureau ever since last Thursday morning, finally deciding on the matters that are now being

presented to you. In view of this fact it seems logical that the

committee should recommend that these be adopted, if adopted at

aU, tentatively only, that publicity be given them, and that an opportunity be given the manufacturers and the various oil companies to

register any objections which they may have during the course of

the coming year. Final recommendation and action can be had at

the next meeting of the conference.

The proposed code is as follows
90 U. S. BUREAU or STANDARDS.

TENTATIVE SPECIFICATIONS AND TOLERANCES FOR VEHICLE TANKS

(when USED AS measures).

Notes. —Thefollowing specifications and tolerances shall apply to vehicle tanks and

their accesBory piping, valves, etc , in those cases in which the tanks or the compartments thereof are used or to be used as measures to determine the amount of liquid

delivered, and such use shall be permitted only when these specifications and toler- ances are complied with.

If a tank is damaged in any way (as from collision, etc.), or ii repairs which might

In any way affect the accuracy of measurement are made, such tank shall not again

be used as a measure until inspected and, if deemed necessary, tested by the weights

and measures ofBcial. 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.

Definition.—A vehicle tank, hereinafter referred to as a "tank,"

shall, for the purpose of these specifications and tolerances, mean a

container, v*^hich may or may not be subdivided into two or more

comoartments, mounted upon a wagon or automobile truck and used

for tlie 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 thereof 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 the 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.

3 . The indicator shall be so positioned that when a compartment

is filed to the indicator there will remain an expansion space of not

less than 2 per cent of the nominal capacity of the compartment.

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.

5. Each compartment shall be provided with suitable venting

means to prevent the formation of air pockets 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.

6. Each tank, and all delivery piping attached thereto and used

in connection 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 horizontal, complete delivery

may be made from any compartment through the delivery faucets or valves, whether other compartments are full or empty. If a com-
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 91

partment 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 either faucet to the point where the line is branched

shall not exceed 24 inches.

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.

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 compartments shall be

plainly and conspicuously marked with a designating mark, such

designating mark to be different for each compartment of a particular

tank. All delivery faucets or valves on such tanks shall be plainly

and conspicuously marked with designating characters corresponding

to those of the compartments "with which they are connected.

9. All markings, 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.

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 facihtate the perpetration

of fraud.

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 differ- ence 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.
92 U. S. BUREAU OF STANDAKOS,

Capacity of compartment. Tolerance.

From— Up to and

including

On first test. On subse- quent test.

Gallons, Gallons.

175

Gallons,

Jt

1*

li

Gallons,

1*

1|

22i

175 325 476

575

325 475

575

725

725 875

975

1, 125 1,325

875

975

1, 125 1,325

1, 500

li

li

22i

3

33i

45

6

(Signed) F. S. Holbrook,

W. F. Cluett,

K. F. Barron,

CM. Fuller,

Committee on Specifications and Tolerances.

DISCUSSION OF ABOVE REPORT.

The Chairman. It might be well to discuss these specifications

section by section.

Mr. Siren. We have underground tanks in connection with which

measuring sticks are employed. I think these people who build

underground tanks should also receive a copy of these specifications

and tolerances.

Mr. Holbrook. These specifications do not refer to underground

tanks. The object of these specifications and tolerances is this: It

is becoming in the United States more and more common to deliver

gasoline to retailers by means of vehicle tanks. Formerly the gasoline was bucketed out of the vehicle tanks to the various stations.

This is a slow process and not a particularly accurate one. It is now customary in many parts of the country—and it is becoming

more common every day—to have the various compartments of the

tanks labeled with the capacity contained therein when full and to

hose directly the entire contents of a compartment to the underground storage tank, charging for the capacity of the compartment

as marked upon the outside thereof. It is this practice which these

specifications and tolerances are designed to facilitate.

Mr. Siren. How will you test them ? With a meter ? Mr. Holbrook. The method of test is discussed to some extent in

this report. Briefly it will consist of filling the empty compartment,

by means of a 5-gallon measure, up to the indicator. This will determine the capacity of the compartment. Conversely, the tank may

be filled to the proper point and the contents carefully bucketed into

the 5-gallon measure until the compartment is empty, or both methods may be used, one as a check on the other.

Mr. Siren. That would be a very expensive process. Would not

a meter be better for that purpose ? By the use of water you could

find its capacity very readily with a meter.

Mr. Holbrook. There is no expense except the time involved. It

takes some time, of course. It may take as much as a day to check
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 93

out the various compartments of a large tank; but similarly it may

take a day to test several wagon scales. One proposition is just as important as the other.

Mr. Mathews. Mr. Chairman, I would say for Mr. Siren's information the way we test a compartment is to measure in liquid until

it is filled up to the proper point. We seal the tank by placing tags

indicating the number of gallons each compartment will hold, and

the driver sells the contents of each compartment according to the

marked capacity.

Mr. Siren. I do not know what you moan by indicators. We

have no indicators on the tanks in our town; there is no specific

filling point.

Mr. HoLBROOK. The specifications require an indicator.

Mr. Siren. The filling point is determined when the vehicle stands

on a level ? Mr. HoLBROOK. Yes.

Mr. Egan. Mr. Chairman, it seems to me we are unnecessarily getting into a discussion of meters and all other kinds of appliances. I have in mind that as these specifications are considered a number of

questions not exactly in line occur to us, but probably most of these

questions will be cleared up before the discussion is concluded.

Mr, Barr. Mr. Chairman, I have had considerable trouble because

tanks have no definite filling point.

Mr. Siren. The reason I brought the meter up is because we get

a fee for what we do, and the fee would be inadequate if we measured

capacity by buckets.

Mr. EsTES. Mr. Chairman, it appears to me that we will get no- where unless we limit our discussion to the particular specification

read. I will make that as a motion.

(The motion was seconded, the question was taken, and the motion

was agreed to.)

(At this point a motion to adjourn was made and seconded, the

question was taken, and the motion was agreed to.)

(Thereupon, at 12.30 o'clock p. m., the conference took a recess

until 1.30 o'clock p. m.)
SIXTH SESSION (AFTERNOON OF WEDNESDAY, MAY 23, 1923).

The conference reassembled at 2 o'clock p. m., H, A. Webster, first

vice president, presiding.

STANDARDIZATION AND SIMPLIFICATION.

By William A. Durgin, Chief, Division of Simplified Practice, Bureau of Standards.

Gentlemen: The matter I am to present to you is along the line of

the particular interest of the Department of Commerce at tills time.

It really is approaching the work you have been doing for a number

of years, but from a different angle. Your work is standardization; ours is simplification. Your efforts have been directed largely toward

the elimination of fraud. Incidently, and quite as pertinently, they

have been effective in the elimination of waste in this country.

This question of waste has been stressed in many ways, but I wonder if you realize the enormous influence it has in our present

American industrial structure. I have a few slides which I think

will help bring this out very plainly.

About four years ago, when the present Secretary of Commerce

was president of the Federated American Engineering Societies, that

organization, under his inspiration, undertook the survey of a typical

group of industries to determine the avoidable wastes in our present

methods.

The industries chosen were the building industry, men's clothing

manufacturing, shoe manufacturing, printing, metal trades, and textile manufacturing. The surveys were made by expert engineers,

some of whom are of international reputation. They contributed their

time for six months. The results of the surveys were printed in a book entitled " Waste in Industry," by the committee on elimination

of waste in industi*y of the Federated American Engineering Societies.

The avoidable wastes in these six industries ranged from 29 to 64

per cent. On the average, 40 per cent of all of the capital, labor,

and material employed in these industries was wasted—spent with

no return—or thrown away.

In the survey made by the lumber industry the report shows of

100 per cent wood in the tree about one-third gets worked into lumber, only 17 per cent gets into clear wood—a little bit less than a

sixth of the tree gets into the finished product. If the tree were fully

used there would be 25 per cent available for the finished product

and 67 per cent available for pulp and distillation.

In presenting this matter of waste in industry I could give you the

engineer's figure, and )^ou would take it at its face value, but in my

contact with the average business man I find that he discounts what

the engineer gives. If the engineer says there is 40 per cent waste,

the business man will say "That means only 20 per cent actual waste."

I would reply, "Yes; I grant you that there is at least 20 per cent

94
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 95

waste." Now, what does that mean in dollars? The fabricated

production in this country last year amounted to $50,000,000,000,

and if there were only 20 per cent waste that means a waste of

$10,000,000,000 throughout the country. We are all aware of the

increase in taxes to $6,000,000,000. Secretary Hoover says, "Unless

we can find that sum in our industrial structure we must lower American standards of living." Ten billions of dollars is not only enough

to pay for all our taxes—Federal, State, and municipal, amounting

to $6,000,000,000—^but it will also pay for all the passenger automostill have enough to pay for all the homes built in America that year.

Saving that $10,000,000,000 is the goal of that division of the

Bureau of Standards which I represent, and I propose to prove to

your satisfaction that the waste extends apparently in all industries.

Many of your activities, in which you have oeen engaged in the past,

have been directed against waste, but after all a great part of this

waste is due to the lack of standardization. This is evidenced by the

production of too many varieties in nearly everything we use. I wonder if you know how far it has gone in some industries. Here is an example from the hardware trade. We will take single-bit axes

something you associate with George Washington, Abraham Lincoln,

and Theodore Roosevelt.

A survey of three manufacturers' lines was made by the National

Retail Hardware Association. There were 34 types of models.

Qualities or grades ranged from 1 to 4, brands ranged from 1 to 35,

finishes ranged from 1 to 11, sizes ranged from 5 to 19, making a total

variety in the 34 types actually purchasable of 6,118 and maximum

possible variety of 994,840, from which it was possible for a buyer to

make his selection.

A somewhat similar example is bottles. In a comparison of 62

different bottles or jars commonly used for packing food products

we found 10 different shapes of il-ounce containers, 4 sizes of 11^-

ounce ones, and the odd part of it is that to look at them most of

those having 11-ounce capacity appear to be larger than those having

actually one-haK ounce greater capacity. As a further example of

how "looks deceive," one of the three sizes of 10-ounce containers

when set among the 11-ounce bottles actually appears larger than

any of the latter. All this variety is due to the spread of advertising

propaganda. The advertising man has convinced his manufacturer

that he can sell more by putting his product in special shaped bottles.

There is no basis, in fact, to it at all, the brand being the chief selling

factor; but the advertising man is so emphatic that he has sold the

idea, and bottle manufacturers are now making bottles in 20,000

different sizes and shapes. As the bottle manufacturers figured up

the number of molds and the stocks that resulted they began to take

an interest in standardization. Their advertising men talk up the

idea of bottles of unique and attractive size, but the manufacturer is now wondering if this is so important after all. This [indicating slide] has very little interest from a waste standpoint, but the American flag should be made in definite proportions.

There are 12 sizes, all having a common proportion, which were

established by President Wilson for use by all Government departments, but our flag is made in nearly a dozen different proportions

of length to width and in hundreds oi different sizes.

run them, and we would
96 U. S. BUREAU OF STANDAEDS.

Now, as against this tendency toward excessive variety, we of the

bureau and of the Department of Commerce are attempting to spread

the gospel of simplification and standardization. By "simpUfied

practice" we mean the reduction of sizes and dimensions in commonplace things as a means, not of stopping a fraud, but more directly

as the means of eliminating waste in all branches of production, distribution, and consumption through curtailing "overdiversification."

You men are early pioneers in this field. Here is a very definite

simplified practice example. Under the standard container act grape

baskets were reduced from 31 to 3 sizes, till baskets reduced from 30

to 5 sizes, and berry baskets reduced from 17 to 3 sizes. This is a reduction to approximately 15 per cent of the original number. That

was a most economical thing to do, and well in the interest of the

public.

We assume that through your activities this kind of simplification

will be applied to some of the other types of food containers. We

believe that simplified practice offers a particular advantage in that

an approach to manufacturers and others from this angle oftentimes

gets sympathetic reception, where the efforts of the Government to

"regulate or control" might prove irritable.

Simplification will reduce investment and all costs of production.

It will at the same time increase turnover, increase stabihty of

employment, increase foreign commerce, increase quality of product,

and increase profit to the producer, the distributor, and to the user. All these things come through simplification.

During the war many men came to reahze that we had too many

varieties in many lines, and it was decided to cut down on them.

The cutting down was bitterly opposed, but, under the conservation

made effective. Varieties of farm implements were reduced from

1,092 to 137, thus eliminating all but 13 per cent of the previously

existing varieties. The farm-implement manufacturers and engineers

were bitterly opposed to that, but they had to give in because of the

compulsion of war, and they now say that it was one of the most

constructive things ever done for their industry.

One company had 12 styles of seats which they reduced to 1, and

an assortment of 24 wrenches was reduced to 4. The agriculturalimplement people have learned their lesson. They say simplification

is a helpful principle to apply in business, and that it means the sav- ing of millions of dollars to their industry.

Many of you remember in the early years of the twentieth century

there were about 180 bases of incandescent lamps and a large number

of different sized sockets. Then, if you endeavored to get a new

lamp for your special socket, you had to repeat a specification almost

as endless as that now required to secure parts for a machine tool.

This variety has been reduced to six. What has been the result of

all this ? Well, now we can go anywhere and get lamps and they

will fit the sockets. The manufacturer and the distributor have

profited enormously by the decrease in stocks they formerly had to

carry. The manufacturers say that this simplification of variety and

standardization of type has saved millions for them, but perhaps the

user benefited most of all in the greater convenience, economy, and

comfort which it has brought to him.

many schedules were
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 97

Another instance of simplification is that of a large stationerymanufacturer who reduced his stock of 377 kinds of bond, ledger,

linen, writing, cover, typewriter, and book papers to 56, eliminating

321, practically reducing his line to 15 per cent of the original.

A great food manufacturer decreased the varieties of his food 89

per cent. He found he could decrease the cost of his sales force 73

per cent, advertising 78 per cent and overhead 80 per cent, and incidentally increase his sales volume 600 per cent.

Store fixtures is a line that you would think was particularly

special—fittings, shelving, and counters. A certain firm offered

unique and special designs. They said, "We will equip your store

so that it will not be like any other in town. It will be highly individual." Despite the fact that they tried to have an exclusive line

they found they could not make it pay. So, in seeking for ways and

means to economize, they studied the idea of standardization and

simplification. They decided to make only four designs of standard fixtures. At first the results were entirely what you would

expect. The factory did not know how to handle a simplified and

standardized line and sales seem to fall off, but as soon as they

caught their stride sales increased 550 per cent.

A great shoe manufacturer reduced three grades of 2,500 styles

each to one grade and 100 styles. As a result he decreased his production cost 31 per cent, reduced the direct overhead 28 per cent,

reduced his inventories 26 per cent, and reduced the cost to the con- sumers 27 per cent. At the same time he increased his turnover 50 per

cent, increased the sale of women's shoes 22 per cent, and the sale of

men's shoes 80 per cent. Thus by this manufacturer reducing his line

almost 99 per cent he greatly increased his business, and the con- sumer also was benefited.

Simplification can be carried on by individuals as well as by entire

industries. The technical societies also are very much interested and

are carrying it forward. There is nothing new in this idea which, as

I said before, you started many years ago. The Master Car Builders'

Association, which has been working forward during the past 40

years, has standardized and simplified the various parts of freight

cars. You do not have anywhere near the resistance you had in the

early days, and if you will just include some of this commercial

"selling talk" along the lines I have brought out I think you will

find your progress easier.

There is a field in which the bureau has been working directly, viz,

milk bottles—standardized milk bottles—standard from the legal

point of view of a good full measure. The questions of filling point,

standard height, and so on were definitely brought before the industry

by the bureau. Finally, the manufacturers agreed to standardize

heights of bottles as follows : 9, 9^, and 9§ inches for quarts. Pints, half

pints, and quarter pints are still made in wide variation, but we believe

standards for them will be adopted in the course of a year. There is one question in standardizing the quarter-pint bottles that seems to

offer difficulties. They tell us that in Boston the customer will not

accept a quarter pint unless it is in a long, slim bottle, whereas in San

Francisco they will not consider it unless it has a short, wide neck.

Such are the peculiar vagaries of the people in different sections of the

76317—24 7
98 U. S. BUKEAU OF STANDAEDS.

country. In regard to caps for milk bottles we found they were usin^

29 diameters, and they now propose to use only one size for afl sizes of milk bottles.

In another industry, namely, the manufacturiag of paving bricks,

the manufacturers got together and reduced their varieties 89 per cent

by reducing 66 varieties to 7. As you men meet these problems in your contact with industry we

want you to appreciate that the spirit back of our effort is your spirit;

that we recognize you as pioneers in the field ; that we are all working together on this work. If, in this mutual effort, we succeed in

eliminating any part of this $10,000,000,000 waste now in existence,

we may all congratulate ourselves in having been associated in a worth-while job. Thank you.

The Acting Chairman. We will again defer the discussion that

was going on before luncheon and listen to an address by Dr. H. E.

Barnard, director of the American Institute of Baking, on the subject

"Divergence of bread-labeling requirements."

DIVERGENCE OF BREAD-LABELING REQUIREMENTS.

By H. E. Baknaed, Director, American Institute of Baking,

Mr. Chairman, ladies and gentlemen, friends, I do not know

when I have listened to such addresses as I have heard to-day—the

one by Herbert Hoover, and the one by Mr. Durgin, to whom we

have just listened this afternoon.

I wish that those men who represent industry throughout the

country could have listened to these talks. Certainly our Government

is getting ahead in an amazing fashion when it can present to industry

such technical talks as these, I am a bit embarrassed to have to bring

you, as a layman, a discussion of my subject after having hstened to Mr.

Hoover and Mr. Durgin, but I come to you, not to tell you something

this afternoon, but to get your help in finding a solution to a problem

which is making a great deal of trouble for the inspector in the field

and for the men in industry.

I am talking this afternoon because Mr. Holbrook asked me to

bring this subject before you for discussion. Whenever out of my

varied experience as a food official, weight and measure commissioner,

and director of an institute of baking I can develop any helpful

ideas for your study you may be sure that I shall not hesitate to

obey your secretary. Indeed, I shall gladly take the position that

any request to present any phase of the problem of bread distribution

to the weight and measure officials of the country is really a command.

If only every industry which operates over the scale would learn

the value of cooperation with officials and how to make use of their

services business would indeed be built on a more stable foundation

and legislation and regulation under the law would be more easily

secured and far more readily enforced.

When last I had the pleasure of meeting with you the subject of uniform bread-weight legislation and of uniform tolerances was in the

hands of your committee. We have hope that uniform legislation

might some time be an accomplished fact, and at a conference with

members of your organization a year ago we endeavored to reach an

agreement as to a form of legislation which would be acceptable to

bakers and officials alike. You have read the report of that confer-
SIXTEENTH ANNUAX, CONFERENCE ON WEIGHTS AND MEASURES. 99

ence, and you were doubtless quite as disappointed as I that no results

came out of it ; but you have had enough experience in drafting legislation to realize, as I do, that sometimes opinions which clash most

violently are, in fact, not far apart.

And this is certainly true of the type of legislation which we are here considering. No baker who appreciates the economic importance of his industry will hold that bread should be sold without

regard to its weight or label. It is axiomatic among bakers to-day

that the consumer is entitled to know who bakes his bread and how

much his loaf weighs. The only points at which there can be any

divergence of opinion have to do with the methods employed in

informing the consumer of these facts.

A study of the law in question shows all legislation to be of

very recent origin. Almost no legislation goes back further than 10

years. Most of it has been enacted since the war. The baker, perhaps, more than any other food producer, operated under the very

strmgent rules of the United States Food Administration, and out of

the wreckage of individuality in business he emerged with a definite

purpose to hold to that which is good even in the form of regulatory

legislation.

So it is that law after law is being enacted to prevent the "return

of stales," as the practice of taking to the bakery all unsold

loaves is called, and that bakers are working with officials to secure the enactment of sanitary laws by which to compel the

employment of healthy workmen and a strict observance of every rule

of cleanhness that ever obtained in the kitchen of the careful housekeeper.

In the development of such legislation as that you enforce I appreciate the need for laws which are enforceable. If I may digress for a moment, I want to say to you, with all the earnestness of an exofficial now charged with the duty of helping a great industry right

itself, that the trouble the food industries face is not a lack of law

but lack of law enforcement. If every health official, every sanitary

inspector, every food agent would only compel observance, your work

and my work would, with the admirable health and sanitary laws

which proudly grace the statutes and the ordinances of every city, be

vastly simplified, the consumer would be spared the dangers of

unclean and impure food and diseased workman, and the baking industry would have gained its rightful place in the sun as the most

important, save that of the farmer, of all the industries.

But unfortunately too many of our laws are not enforced—funds are

lacking, a trained personnel is unobtainable and, dare I say it, courts

and officials sometimes weigh the poHtical influence of offenders

against the public well being and the scale turns against the consumer.

I am informed that in the city of Chicago police judges have dismissed

cases filed against insanitary bakeries with the statement "The people

who trade with these bakers are accustomed to uncleanhness, they do

not o bject to it, what are your inspectors bothering them for ?

'

' Obviously, judges who lay aside the law to excuse and condone violators are more dangerous to the public than dirty bakers; but fortunately

such courts are in public contempt and always pass. Officials who

meet such opposition are in hard lines, of course, and when the laws

are so written that evidence is difficult to secure the burden of en- forcement is doubly hard.
100 U. S. BUREAU OF STANDARDS.

So it is that we must consider the handicaps of inspectors in drafting laws. I beheve I have told you before this—certainly you know

my views on the subject—that I would base all bread-weight legislation on the weight when figured back to a moisture-free basis. I believe that the consumer who is interested only in the amount of

nutriment he buys and the bakers who endeavor to supply that nutriment in its most palatable and attractive form will both be better

served by legislation which, in effect, says "the loaf of bread shall

weigh 16 oimces as determined by adding 38 per cent of 16 ounces to

the weight of moisture-free loaf;" that is, a loaf of bread weighed

on a moisture-free basis, plus the legal moisture content, should weigh

not less then 16 ounces or such other weight as may be designated

by the label. Such a requirement would protect the consumer and do

away with the necessity for tolerances which so often are but excuses

for making 15-ounce pounds.

But I realize that the average weight and measure ofhcial has no

laboratory at his command and so does not wish to work under a law

which he has no means of enforcing. Is this lack of equipment,

however, to keep him permanently on an unscientific basis ? Should

he not look foward to the development of a department so equipped

that his worlv may be measured by an exact science rather than by

arbitrary tolerances, time limits, averaging of determinations?

Of course, such a method of judging the purpose of the baker to

make a full-weight loaf would have to recognize the inherent difficulty

of exact scaling and of other mechanical losses of dough which tend

toward ununiformity of weight both of the dough and the baked

bread.

This question of tolerances I am content to leave in the hands of

your committee, with the single suggestion that any requirement

of absolute uniformity, which can be secured only at an added cost

of production, must be avoided.

There is, however, one subject which is of mutual concern to baker,

inspector, and consumer alike. That is the label. The first test of a label is, "Does it tell the truth?" the second is, "Is it legible?" the

third is, "Is it practical?" And in answering these test questions

bakers and officials sometimes disagree. There can be little argument over the truthfulness of a label, but there is as to its legibility.

And to avoid misunderstandings and argument some States specify

just what size and style of type shall be used. Six States, for

instance, require the weight of the loaf to be set out in 8-point (brevier) capitals. This is the size and style of type usually required

under the provisions of the food and drugs act, which antedates

most weight and measure legislation, at least of the kind under consideration. The District of Columbia, however, requires the use

of "plain bold-face gothic type not smaller than 12-point." Iowa

requu'es "8-point heavy gothic capitals," the Virginia law says that

the net weight of the loaf shaU be printed "in letters and figures not

smaller than one-fourth inch in height," and Illinois is now considering the passage of a bill requiring the use of "12-point full-face

square gothic capital letters and figures."

In order that you might understand just exactly what the requirements are I have asked you and others who have information at

your command to send me the data for your State and I have had
f^IXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 101

these data' collected and printed. May I distribute it? I think, perhaps, I have enough for the whole conference.

(The following list of bread labeling requirements of the States

an'd Territories of the United States was distributed)

BREAD LABELING REQUIREMENTS OF THE STATES AND TERRITORIES

OF THE UNITED STATES.

In the list below the States having no special requirements as to

style and size of type are set in 8 point type. Where a special

type is required that style and size are used.

The list is a compilation of all available data.

Name of State. Size and style of type required on bread labels. Alabama No requirements.

Arizona (Only requirements) '' Indelible letters and

figures.

Arkansas No requirements.

California No requirements.

Colorado No requirements.

Connecticut "Plainly and conspicuously marked."

(Pending bill, April 12, 1923, plain heavy gothic capital letters and figures.) Delaware No requirements.

DISTRICT OF "PLAIN i COLUyBIA GOTHIC

SMALLER THAN 12

POINT."

FLORIDA 8 POINT (BREVIER).

Georgia No requirements.

Hawaii No requirements.

Idaho "Plainly labeled with exact weight."

(Other than standard loaves.) ILLINOIS "1 2 POINT FULLFACE SQUARE

GOTHIC CAPITAL

LETTERS AND FIGURES. (Pending bill.) INDIANA "PLAIN TYPE" 8 POINT (BREVIER)

CAPS, MINIMUM.

IOWA e POSNX HBAVV GOTHIC OAPS.

(At January, 1923, meeting of Iowa Association standard weight resolution was adopted, and officers and executive committee were authorized to prepare such a bill and have it presented to the legislature (then in session).) Kansas "Plainly labeled with exact weight" (if loaf is not standard).

Kentucky No requirements.

Louisiana No requirements.

Maine No requirements.

MASSACHUSETTS "8 POINT (BREVIER) CAPITALS."

Michigan No requirements.

Minnesota "Plainly and conspicuously marked."

Mississippi No requirements.
102 U. S. BUREAU OF STANDARDS.

MISSOURI "8 POINT (BREVIER) CAPITALS." . MONTANA "8 POINT (BREVIER) CAPITALS."

Nebraska No requirements.

Nevada "Plain, intelligible English words and fig- ures."

(Whenever weight is more or less than a pound.)

New Hampshire "Plainly showing weight and manufacturer." NEW JERSEY "8 POINT (BREVIER) CAPITALS."

New Mexico No requirements.

New York "Plain statement printed on wrapper of each loaf" (if loaves not of standard

weight).

North Carolina No requirements.

North Dakota "Plainly labeled with the exact weight, if bread is not 'full weight.' "

Ohio " Plain statement in plain position. '

Oklahoma No requirements.

Oregon No requirements.

Pennsylvania No requirements in present law.

(Pending bill April 16, 192.3, " Plainly and conspicuously specified.") Porto Rico " Plain and intelligible English or Spanish

words and figures with its correct weight

and name of manufacturer."

(For loaves not of standard weight.)

Rhode Island " Plain and conspicuous.

South Carolina No requirements.

South Dakota "Plainly and conspicuously marked."

(Twenty ounce loaves may be sold if " conspicuously " labeled on the wrapper " Not standard weight

loaves, twenty ounces net .") Tennessee "Conspicuously, plainly, and correctly

marked."

Texas "Plainly and conspicuously marked."

Utah "Plainly, showing correct weight and

firm."

Vermont "Plainly and conspicuously marked."

"Conspicuously affixed thereon a label on which

shall be printed in the English language in letters and figures not smaller than one-quarter inch in height, the net weight of the loaf when baked." Washington "Plain English words or figures'."

(When loaves are not of standard weight.)

West Virginia No requirements.

Wisconsin No requirements.

Wyoming "Plainly and conspicuously marked."

Thirty-nine States have no requirements as to the style and size

of type required on the label. Is not the time opportune to determine just what form of label is best suited to the baker's use, and

then as laws and regulations come into force to see to it that they

are all of the same pattern ? The baker is not interested particularly

in the printer's art. He has no preference for gothic or any other

style of type. He doesn't know what brevier means and doesn't

care. He does, however, want to have such imiform legislation that

a loaf of bread made and wrapped in Illinois will be legal when it gets to Wisconsin or Indiana. He doesn't want to have to carry in

stock wrapping paper with one size and style of type for Illinois,

another for Wisconsin, and another for Indiana. He can not see the need of legislation which compels him to invest his capital in

special labels, m supervision of wrapping departments and of shipping clerks, in employing attorneys to keep him in the tortuous path

which winds through the statute books.

VIRGINIA
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 103

Obviously, every added cost must be added to the price which

the consumer pays for bread; obviously, too, this is an economic

waste which should be prevented.

In an endeavor to meet the desire of your secretary in the preparation of this somewhat rambling paper, I sent out a questionnaire

to all of the weight and measiire officials whose names are on my

lists. I asked these questions:

1. Name of State . 2. Name of department in charge of enforcement of laws and regulations governing

labeling . 3. Does State have specific law requiring labeling of food packages with net weight

of contents? . 4. If so, is copy of law or regulation inclosed? . 5. If copy is not inclosed, what is the requirement (a) as to size and style of typo?

; (6) phraseology? . 6. What tolerances are provided by statute? . 7. What tolerances are provided by regulations? . 8. When bread is sold unwrapped, is any label as to weight required? . 9. Under what conditions may bakery products be sold by numerical count?

10. Has new legislation covering the sale of bakery products been enacted at the

legislative session of 1923? . 11. In the event your State laws do not specifically require the use of type of defi- nite size in declaring net weight will you, as the official in charge of the enforcement of such laws, adopt the standard size required by the Federal Food and

Drugs Act, namely, 8-point (brevier) caps? . 12. Signature . Date . The replies I received have been most helpful to me. I must confess, however, that some of our officials are apparently hedged about

by secretaries whose desire it is to keep questionnaires from the desks

of their superior officers. I have no hard feelings either for those

.secretaries or their "bosses." I remember very well how hard it

used to be for me to sit down to answer unnecessary questions,

especially when they were asked in the form of a questionnaire;

but from the replies I did receive, supplemented by the splendid

assistance rendered me by Mr. Holbrook and by the office of cooperation of the Bureau of Chemistry, I have collected on a single sheet

the requirements as to size and style of type of aU the States and

Territories. The list is inaccurate, but it is the best I could prepare

from questionnaires, laws, libraries, and the help of Messrs. Holbrook

and Frisbie.

Won't you pity the poor baker who ships his product interstate

and devise some plan of work by which such technical questions as

these may be handled by a committee on uniformity which can work

and act for all the States.

(At this point Doctor Barnard read the list given above in order to

procure from the delegates present information concerning omissions

or inaccuracies in the list compiled. The information brought out

was as follows:)

Connecticut: "Plainly and conspicuously marked." (Pending bill

April 12, 1923, plain heavy gothic capital letters and figures.) Before

being enacted the latter bill was amended to require plain heavy

gothic capital letters five thirty-seconds of an inch in height.

Illinois: Twelve-point full-face square gothic capital letters and

figures. This requirement is incorporated in a pending bill. Indiana: "Plain type" 8-point (orevier) caps minimum.
104 U. S. BUREAU OF STANDARDS.

Iowa: 8-point heavy gothic caps. This was incorporated in a standard-weight resolution adopted by a meeting of the Iowa Association.

^ Louisiana: Bread must be wrapped and marked with weight, but

standard loaves are not required.

Massachusetts: "8-point (brevier) capitals." These must be at

least five thirty-seconds of an inch in height.

New Hampshire: "Plainly showing weight and manufacturer."

By regulation the commissioner of weights and measures has required

that the letters must be at least one-quarter of an inch in height.

New Jersey: "8-point (brevier) capitals." Proposed bills in New

Jersey were defeated, and the State has no requirements.

This matter of type is but one instance among many of the need

of cooperation between industry and officials in drafting legislation.

These are not legal matters except as they require the services of

lawyers and courts to find out just what legislatures in their wisdom

were trying to say. They are purely technical questions to be worked

out in conference and then translated into law. Speed the time

when all such legislation is enacted with the help of the industries

regulated and controlled by it. To the end that every bill which may hereafter be introduced by

you which in any way affects the baker or the baking industry may

be sound in principle and practical in application, I offer you the

assistance of the American Institute of Baking and of our national

association in drafting it and in placing it on the statute books.

May I then ask you to work with us in securing the enforcement of

the sanitary and pure food laws which provide so admirably for the

production of sound, wholesome food in sanitary shops, by healthy

workmen, but which are too often so poorly enforced that they serve only to burden tthe conscientious manufacture by setting standards

which are not upheld by his competitors.

Mr. Strobridge. Mr. Chairman, do you expect to take up the question of specifications and tolerances for vehicle tanks ? I think wc

ought to take up this subject before we get into a discussion of other

subjects. You are now on a very interesting subject, but the other

subject is one which can not be lightly passed by and I have a few

suggestions that I would like to offer to the conference.

The Acting Chairman. We will take them up after the next paper.

BREAD-WEIGHT LEGISLATION AND THE RETAIL BAKER.

By C. J. Kkemee, Representative of the Retail Bakers' Association of America.

Mr. Chairman and gentlemen of the conference, needless it is to

say that I deem it an honor to be here with you and deem it a courtesy to be here at the request of your arrangements committee,

who asked me to come and speak to you.

Lest there be a misunderstanding, permit me to say I do not claim

to speak for all of the retail bakers, but I do speak for a group of

earnest, progressive, and sincere representatives of the retail bakers

in many sections of the coiantry.

Bread has been an important item in our civilization. It has been

the chief food of many people, and it is rather difficult for us to

understand how a food supply can be considered complete if it does

not include bread. We learn from history that the profession of
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 105

baking was introduced into Rome before the Christian era began;

the making of bread has engaged the attention of lawmakers since

the earhest times. Bakers were considered as closely affecting public welfare in Rome at that time, and they were kept under rather

stringent regulations. Coming down through history we find a law,

which might be termed a standard bread-weight law, was enacted by

the English Parliament, I believe in the year 1266. Not only were

the weights regulated at that time, but also the prices, based upon

the price of flour. If flour went up, bread went up; if flour went

down, bread went down.

Then we find that similar laws were enacted in France, in the

Netherlands, in Germany—in fact, all over the world. In recent

years laws have become more and more numerous. Now, it is curious

that during all these years a standard loaf has not been developed

and generally accepted. I can not quite understand, since we have

a standard pound and a standard bushel, why a loaf of bread does

not mean very much. We do not know whether to expect 10 ounces

or 5 pounds.

The question has come up, "What is a loaf of bread" ? Is it simply a mass of dough that has been shaped by the baker and baked,

or is it something definite ? I think that in the mind of the American

people to-day there is a conscious desire for standard weight. I know that a good many people are curious to knov/ what a loaf of

bread weighs and put it on the scales; and they are always disappointed. However, I do not intend to discuss with you whether or not there is a strong demand for bread-weight legislation, whether or not there is fraud and deception being practiced by bakers in the

absence of bread-weight legislation, whether or not the public are being served better if bakers can change the weight of bread to meet

fluctuating prices of materials and inherent qualities of bread because

we have no coins sufficient^ small to take care of these fluctuations

and differences in quality. Nor is it my intent to go into details of

various lines of bread-weight legislation proposed, such as whether

or not a label stating the weight of brcaa, or selling bread by weight,

or declaring the weight of bread in some other manner, is to be preferred.

Another phase I do not intend to discuss is whether or not it is

useless and inconsistent to set weight standards for bread without

providing for quality standards, as loaves of standard weight might

be less nutritious and less beneficial to the public than loaves below

the standard weights.

I am assuming, and I think justly, that there is a genuine desire

on the part of the public who have given the matter any thought,

for bread-weight legislation. It is not reasonable to believe that

from the thirteenth century down legislatures in England, France,

the Netherlands, Germany, down to New York, March 2, 1812, Louisiana, 1807 to 1816, Alabama, 1826, were all in error and passed

laws for v/hich there was no demand, or when there was no evil to

remedy, to say nothing of the numerous State laws and city ordi- nances enacted in modern times. I believe that the people of this

country earnestly desire bread-weight regulations, and, what is more,

I believe they are going to have them.

There is a natural and, perhaps, laudable impatience in the American business man, and bakers are no exceptions, with the interference
106 U. S. BUREAU OF STANDARDS.

in to what he considers his private affairs on the part of Government

agencies, be they Federal, State, or municipal. Many years ago a prominent baker right here in this city voiced his opposition to a bread-weight law then under consideration in the following words:

"One of the reasons we object is that it (the bread law) is an unwarranted and unwarrantable arbitrary and unnecessary interference

with and invasion of the right of citizens to pursue an ordinary calling."

However, retail bakers, whom I have the honor to represent, do

not feel as bad about such regulations as that speaker, who was a baker of millions of loaves, would have us beheve he did. We come

in closer contact s\dth bread consumers and are, perhaps, more ready

to appreciate the other fellow's viewpoint. We are not only wiUing

but eager to give full value to our customers, and if you look in your

dictionary for "baker's dozen" you will find the term defined as 13,

while the dozen of any other tradesman means only 12. I am sure that no wholesale baker's dozen was ever 13 and that, only because

of retail bakers, we now find that definition in our dictionaries. The

chief concern of the men whom I represent here to-day is that such

regulations as may be adopted should be practical, plain, fair, uniform, and enforceable. We willingly waive certain abstract rights we

may have and which may be turned to pecuniary advantage for the

sake of public welfare. However, we do not want any legislation

that may be an instrument for harrassing us when we are acting in

good faith.

Our ideas as to bread-weight legislation may be summarized as

follows:

1 . It must express sound public policy in the making and selling

of bread. If framed with the idea that bakers are dishonest to a greater extent than other people, it is likely to fall short in that particular.

2. It must bo practicable; that is to say, it must be possible to

comply with requirements without unduly increasing cost of manufacture or other undue burdens.

3. It must be based upon fairness and not capable of being used

to trap and penahze bakers who have no intent of violating any

provisions and use good commercial practice in their shops.

4. It must be positive and definite, plain and unambiguous, and

so framed that it can be readily understood and its meaning not subject to quibbling or misconstruing.

5. When it is local, it must take into account that bread may be

manufactured for or in places where no regulations or different regulations prevail. It must be enforceable, as an unenforceable law is detrimental to sound public policy and tends to penalize conscientious

law-abiding citizens and to bring aU law into contempt.

To meet these specifications it is necessary that all factors having

to do with the weight of bread must be considered and their importance valued correctly. Perhaps the first one is that the weight of

loaves of bread must be determined before they are loaves and before

they are bread. In other words, a guess must be made by the baker

what a certain mass of dough will weigh after it is shaped into a loaf

and baked into bread. It must be self-evident that absolute accuracy

is impossible. Then, when the dough is weighed, the ever-present

factor of error on the part of the men at the machine or the scale,
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 107

and the unavoidable inaccuracy of mechanical devices come into play

and must be reckoned with.

There is a slight loss due to fermentation between the weighing of

the dough and the baking of it into bread. In the bake oven a Toss

of weight takes place which is dependent upon the ingredients in the

dou^h, the kind or type of bread to be baked, the size and shape of

the mdividual loaves, the temperature of the oven, and time taken

for baking.

Bread may come out of the oven at a certain weight, but that

weight is unstable. The loaves begin to evaporate at once and in

different ratios. They lose and continue to lose weight for some

time; in fact, until they are quite dry and stale. The rate of this

loss is not uniform but is dependent upon the humidity of the sur- rounding atmosphere, shape, size, and composition of loaves and

other factors. Two loaves of exactly equal weights when baked may

show a marked difference 36 or 48 hours after baking.

These conditions can not be ignored, but must be squarely met in

framing acceptable bread-weight legislation. However, they should

not be exaggerated to make it appear that fair and equitable legislation is impossible.

I am frank to say that most of the laws that have come to my

attention are not meeting the issues in a satisfactory manner. I am

of the opinion that labeling of loaves with the weights thereof, which

never can be accurate but must be minimum, does not meet the

expectation of the public and is of little practical value. We had

experience with such regulations years ago, and many retail bakers

are of the opinion that the affixing of labels is an unnecessary added

expense and from the standpoint of sanitation can not be recommended.

To my mind the only solution which meets the situation, is not unfair

to bakers and gives adequate protection to the public, is legislation

establishing standard weights for loaves. Such legislation can be

worked out along the lines mentioned before, and when I speak of

bread-weight legislation hereafter I want to be understood as meaning standard-weight legislation.

How is weight to be ascertained ? Now, if we go back to factors that

must be taken into account there is the weighing of bread as dough to

be considered. This, especially in many retail shops, is done in a hurried manner. Bakers know from experience that if they want loaves

weighing 16 ounces when they come out of the oven they must weigh

the mdividual pieces of dough which are to be shaped into loaves 17^

to 18^ ounces. Of several hundred loaves weighed, even by careful,

competent men, a certain percentage will be above and others below

the mtended weight, but they ought to average rather well. There

is one point I wish to bring out right here. The man weighing the

dough, if attentive, becomes quite an expert in estimating the weight

of the piece he cuts from the mass to be formed into individual Joaves,

but he often misjudges, and when placing the pieces on the scale

finds that he must take a portion from one or add to another. Pieces

of supposedly correct weight then are placed on a table where they

accumulate and are later molded into loaves. It may happen that

the portion added becomes detached again or adiieres to another

Siece which is of full weight and for which it was not intended.

Iven in shops where a modern divider is used the machine may deliver
108 U. S. BUREAU OF STANDARDS.

some pieces of abnormal weight which are not caught by the man

in charge. Now, I submit that it would not be fair to penalize a baker

for freak individual loaves brought about in the manner described.

Legislation, to be fair, should provide that the weight of individual

loaves should be determined by the average weight of a number of

loaves.

It might be argued that if weights of pieces of dough were to be

rechecked with sufficient care this item would be eliminated. This

is, perhaps, true, but such checking would not only increase manufacturing costs but also tend to aflFect the quality of bread adversely,

bread would not be uniform, some pieces might have to be discarded;

checking after molding would throw the whole working schedule of

the shop out of adjustment and would be an expensive proposition.

Granting, now, that the weights of individual loaves should be

computed from the weight of a certain number of loaves, the other

factors which influence the weight of bread, such as loss during or after baking or while being marketed, may be taken care of by toler- ances. What the tolerances ought to be should not be left to the

opinion of any one man or group of men, but should be based upon

carefully recorded experience in actual trade and merchandising practice. Tolerances should not be made haphazard or by guesswork.

They should be based upon honest, good, commercial practice, and

especially in new legislation should be liberal. If working experience

with them shows that they are taken advantage of in that there is a tendency to work toward the minimum rather than the standard on

the part of bakers, they ought to be narrowed.

When should bread be weighed ? Granting now that there ought

to be bread-weight legislation, granting how the weights of individualoaves are to determined, granting that there are reasonable tolert

ances, and granting that bread constantly loses weight so that il might be within the tolerances at the time of weighing, and some

hours afterwards below them, the question naturally presents itself.

When should the weight of bread be determined ? In dealing with this proposition we find some bread-weight legislation provides that loaves must be weighed within a certain fixed

period after baking, ranging from 8 to -36 hoiu-s in different laws.

Now, as I see it, the injection into a law of a time element when

bread is to be weighed is ill-advised and practically defeats the purose of bread-weight legislation. With a provision as to certain ours within which bread must be weighed, a law will not protect

the people, will be practically unenforceable to a great extent, will be

discriminatory in favor of certain bakeries within and without its

jurisdiction, and will be unfair in its application.

As a practical proposition it would not be possible to check weights

of loaves of bread made from thousands of batches of dough in the

great number of bakeries in the country every day within certain

hours after baking, unless a large army of inspectors were to be

employed and available for service any hour of the day or night. In

many bakeries several thousand loaves are baked every hour, some

by day and some by night; they are cooled, wrapped, and placed on

racks, packed into shipping containers, or left to accumulate, and

finally loaded on trucks to be distributed over a large territory.

There are special ovens which, when running, deliver from 60 to 100

loaves every minute, hour after hour day or night. These loaves are
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 109

cooled on traveling devices, machine wrapped, and placed in racks.

In these establishments it would be impossible to determine when

the stated hours within which bread is to be weighed expire unless

the loaves were marked for identification as they leave the ovens,

and, again, on the wrapping machines, for after cooling and wrapping, or even without wrapping, they soon lose their identity among

hundreds or thousands of others and could not be recognized even by

the persons who took them from the ovens. In smaller bakeries loaves do not lose their identity to the same

degree nor in so short a time, but much bread is loaded on to trucks

within a few hours after baking, and no one not familiar with the

history of the loaves could be certain as to how many hours they

have been baked. In a retail shop where a limited number of loaves

are baked once or twice a day and all remain on the premises until

sold in the store it might be possible for inspectors to effectively

check weights with some degree of accuracy, but it is not fair to

enact a law that is enforceable on small bakers only, and thus confer a special privilege on some.

In small communities where there is a local baker bread could be

shipped in from distant points to which the law could not be applied, as

it could not be proven when it was baked; but it would be enforceable

against the local man and subject liim to most unfair competition.

In no case where bread is brought into, say, Wisconsin, from other

States would the law be enforceable. It would penalize those bakers

in Wisconsin against whom it might be invoked and thus discriminate in favor of bakers located in other States, violating just legislative principles.

In the enforcement of the law so many difficulties would be encountered that it would be hard to obtain convictions. The prosecution

would have to prove every element of the offense, including the fact

that the bread when weighed had been baked less than the stipulated

hours. No one—not the most experienced inspector nor even the

baker himself—would be able to testify under oath whether bread

which had been baked within 10 or 12 hours, had been wrapped, and

had reached and maintained the temperature of the surrounding

atmosphere in a truck, market, or store had or had not been baked

within 24 hours unless he knew the history of the particular loaves.

If the prosecution is unable to get positive evidence, there can be no

conviction, and loaves, no matter what their weight, and even if made

with the direct intention to defraud, would escape the provisions of

the law, and the dishonest baker and vendor thereof would be

immune.

The principle that bread must be weighed at a time which may be

1 or 2 or 3 days prior to the time it is sold to the public is unsound.

The logical time when bread should be of standard weight is any

time up to and including the time when it is offered for sale and sold

to the public. If standard loaves are to mean anything, the purchaser has a right to expect, and is entitled to, a standard loaf at

the time of making purchase.

This leads inevitably to the conclusion that the party who offers

the bread for sale and sells it, whether it is the baker who manufactures it or a merchant who merely deals in bread, must be held

responsible for its weight. It is the duty of the seller of any articles

of food to exercise the care necessary to have the articles he sells of
110 U. S. BUBEAU OF STANDABDS.

a lawful character. This is in conformity with all our food laws. If

this is applied to standard-weight bread, it behooves the merchant

to check weights sufficiently often to know that the loaves he offers are within the tolerance. The Ohio supreme court says; "It comEels the seller to know and be certain." If the baker from whom he

uys does not allow sufficient margin for shrinkage another one will.

Of course, it is clearly understood that at any time a baker, whether

wholesaler or retailer, who bakes, offers, or sells bread not within the

tolerances is amenable to prosecution. The purchaser at the time he

buys bread is justly entitled to a lawful loaf, the seller who takes his

money is directly responsible and ought to be made to squarely face

this responsibility and never be permitted to hide behind the skirts

of a baker, who may live in another city or State and may not be

within reach of enforcing officials.

It is necessary that bread-weight legislation take notice of bread

which may have been within the tolerance when it was baked and

for the time in which it is usually sold afterwards but was not sold

during this period and has evaporated to a degree that it is no longer

standard. It is safe to say that there is a definite, not to say parallel,

relationship between the loss of moisture and what is termed stale- ness in bread. The actions and changes involved in "staUng" are not clearly understood by scientists of the present day, but it is not

unreasonable to assume that, with the evaporation of moisture, there

also escape certain aromatic, flavoring principles or properties characteristic of good, fresh bread.

Whatever the changes may be, whether "staling" is due to a reconversion of starchy particles or to other not clearly defined causes,

the fact remains that, when normal bread, made in compliance with

the spirit of bread-weight legislation, has evaporated sufficiently

to bring it below the allowable tolerance in weight it is no longer

normal bread, but stale bread and should be sold as such. Stale

bread when offered for sale and distinctly sold as and for stale bread

should be exempt from the provision of weight laws. This will open a channel by which sellers of bread may lawfully dispose of bread that

has lost sufficient weight to bring it within the proscribed class. I would not undertake to say that an absolutely uniform law would

be right and fair for every section of the country. While the smallest unit in one part of the country might very well be 1 pound, I can

see where in certain locaUties one-half pound might serve best a large

class of consumers. Laws should provide for bread in such weights

as will best serve the public, but the difference between standard

loaves must be sufficiently large to be evident and conspicuous.

Legislation should be so framed as to permit bakers to bake bread

of such weights as will enable them to compete with bakers in places

where there is no law or a different one. It would be unfair for any

State to prohibit bakers to bake bread in loaves of any weight which

might be lawfully sold in an adjoining State, especially in cities along

the border lines. I do not underestimate the desirability of uniformity of legislation

in all States, but effective and just legislation is more to be desired

than mere uniformity. I am mindful that complications might arise

under the interstate commerce law. It appears to me that the sale

at retail of bread and other products of retail bakers should be

primarily a field for State regulation, which should not be occupied
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASUKES. Ill

by Federal authority so as to interfere with or hamper enforcement

of laws relating to articles sold for use and consumption within a

State.

In conclusion, let me again thank you in behalf of the retail bakers.

Not only wiU we gladly submit to and work with lawful requirements

relating to the protection of the public health, safety, or welfare, but

in a spirit of loyal citizenship we wiU not permit our selfish interests

to constitute obstacles to a greater public welfare or be in the way of

"whatever will promote the general convenience or the general prosperity."

Our dreams are not to build vast commercial enterprises reaching

from ocean to ocean, but so to conduct our modest establishments

that, when our work is ended, the American people can truthfully say

to us: "Well done, thou faithful servant" !

DISCUSSION OF PRECEDING PAPERS.

The Acting Chairman. I feel sure that Mr. Kremer and Doctor

Barnard wiU both be glad to answer any questions you may wish to

ask.

Mr. Egan. Mr. Kremer, I am opposed to the exclusion of marking

on a standard loaf.

^ Mr. Kremer. If you have a standard loaf and, in addition, want

to mark it, I do not see any objection to it nor any advantage to be

gained.

Mr. Egan. Would you be in favor of a statement on the loaf showing the ingredients of the loaf ? Mr. Kremer. I am afraid that would open too wide a field. You

could not check whether that was correct or not. For that reason

I would oppose it. The Acting Chairman. How do you feel about that, Doctor Barnard ? Mr. Barnard. I do not think it is a matter for legislation. I would

be very glad to see it done, but I do not beheve we have reached that

time yet. It would be impossible to check that statement, to prove

or disprove it. The Department of Agriculture has adopted a standard that requires

that milk bread shaU be made with at least 33| per cent milk. That

was the first effort made in this country to standardize milk bread,

but we have not reached the point where we can go any further than

that.

Mr. Egan. I would like to say, Mr. Chairman, that in Connecticut

we have been driving for weight marks on loaves of bread and for a standard loaf ever since 1913. We were not able to have a new law

enacted imtil 1921. The bakers then appeared before the judiciary

committee and the bill as reported out was agreeable to the bakers

and their representatives. One of the legislators on the day that

the law was up for final consideration or passage offered an amendment, as a result of which we had what they called the "alternate loaf."

We had some trouble with the law and the attorney general ruled

that all bread should be marked by the true weight, but that standard bread need not be made. At the present session of the general

assembly the bakers agaia appeared before the judiciary committee

and advocated a change ia the 1921 law, and then they came to the
112 U. S. BUREAU OF STANDARDS.

weights and measures office with the information that they wanted

to aid and work in harmony with us. Afterwards they employed a

representative who had the same law reported, and I think it will be

passed.

The only difference will be in the style of marking, for this reason

:

After the 1921 law was put into operation the weight marks were

indistinct in many cases; in some other cases they were put on the

union label, which was not objectionable in itself, but it resulted that

it was not plain nor conspicious. For that reason we have this year

put in a requirement that the weight should be in type of a certain

size, sometMng like that required in the Massachusetts law, large

gothic. We have not had any trouble with regard to bread weight.

The words in the former law, "twelve hours after baking" have been

changed so that the present law specifies "twelve hours after delivery." Within 12 hours after delivery loaves shall not vary more than

1 ounce per pound, but 12 loaves, picked at random, shall aggregate

the total fixed amount.

The Acting Chairman. Mr. Dale left a note specifying that the

allowable moisture content might be regulated. He also mentions

that the moisture content of textiles has been regulated since the

middle of the eighteenth century.

Is it the desire of the conference to take up the report of the committee on bread legislation, which is the next number on the program,

or is it your pleasure that we should return to the discussion of the

specifications and tolerances for vehicle tanks, which took place before

luncheon ? (It was ascertained by a vote that the desire of the conference was

to proceed with the report in relation to bread-weight legislation.)

Mr. HoLBRooK. As the only member present of the conference committee on bread-weight legislation and tolerances, it devolves upon

me to submit the following report. The committee submitted this

report by mail to the delegates to the Fifteenth Annual Conference

on Weights and Measures. It seems it should be read into the record

at this place in order officially to close up the duty of that committee.

BBPORT OF CONFERENCE COMMITTEE ON BREAD-WEIGHT LEGISLATION AND TOLERANCES, PRESENTED BY F. S. HOLBROOK.

Your committee appointed at the Fifteenth Annual Conference pursuant to a resolution of the conference that a committee of three be

appointed to meet with a similar committee representing the baking

industry to attempt to negotiate a model uniform bill on bread weights

and tolerances on bread loaves mutually satisfactory to weights and

measures officials and to the baking industry, respectfully submits

the following report

:

A meeting was arranged to be held in Detroit, Mich., at the Hotel

Statler at 2 p. m. on August 16, 1922. The three members of your

committee held a preliminary meeting to decide upon procedure and

then went into joint conference with the committee representing the

baking industry.

The following representatives of the baking industry were present:

Dr. H. E. Barnard, business manager, American Bakers Association,

Chicago, 111.; Dr. R. M. Allen, Ward Bakmg Co., New York, N. Y.;

Jay Burns, president, Jay Bums Baking Co., Omaha, Nebr.;
SIXTEENTBE ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 113

George S. Ward, president, Ward Baking Co., New York, N. Y.;

C. J. Kremer, Milwaukee, Wis. (representing the National Retail Bakers

Association) ; and Ellwood M. Rabenold, of New York, N. Y., general

counsel American Bakers Association. It was stated that the first

three named representatives should be the voting members of the

bakers' committee.

SUMMARY OF PROCEEDINGS OF JOINT MEETING OF COMMITTEES.

The joint committee organized by the election of John M. Mote as chairman of the meeting and Dr. H. E. Barnard as secretary of the

meeting.

The first definite proposal was made by the bakers' committee and

was, briefly, to the effect that bread should be sold on a basis of the

moisture-free content of the loaf, with the understanding that the

moisture content should not be in excess of 38 per cent, this being

the value fixed in the tentative bread quality standards recently

issued for discussion by the joint committee on standards, United

States Department of Agriculture.

The bakers' representatives urged that this was the most fair

and equitable way to sell bread, being based upon the food content

of the loaf, which is the most important factor; further, that this

method would eliminate the importance of shrinkage, since the moisture-free content would remain the same at all times.

Your committee replied that, in their opinion, the proposal was

impracticable, since it would be a sale upon such a basis that the

weight could not be checked by the purchaser, and it would introduce

new and complicating factors into the enforcement of weights and

measures laws, since practically no violation could be proven without a chemical analysis of the loaf. Other commodities are not so

sold, although there are many manufactured products in which water

is present in the finished product—flour and butter, for example

and many natural products sold by weight contain very large percentages of moisture.

After discussion your committee took the ground that such a method

of sale would be unsatisfactory to weights and measures officials.

Much discussion followed on the general question of standard-weight

loaves and tolerances for bread. Finally, Mr. Rabenold read and

placed before the meeting for consideration a bill modeled upon the

present bread law in Massachusetts. Among other things, this provided that bread should be sold either in standard-weight loaves or

in loaves of any other sizes provided these were either properly

labeled with their weight or, in the case of sale at retail upon the

premises where produced, provided there was a representation by

means of a sign posted adjacent to the bread showing the weights

of the various sizes and kinds of bread sold in the bakery.

Your committee at once took the position that it did not consider

itself at liberty to negotiate any legislation wliich did not require

standard weights in every case, since it considered itself bound by

the action of the Fourteenth Annual Conference on this matter. The

representatives of the baking industry on their part did not feel free to

commit the industry in any way to the standard-weight principle.

After much discussion on these viewpoints it became apparent that

76317—24 8
114 U. S. BUREAU OF STANDARDS.

no agreement on legislation was possible. Thus, the first purpose

of the joint meeting of committees definitely failed.

Your committee then urged that the question of tolerances be given

consideration, and that some constructive action be taken on this subject. Some of the bakers' representatives were in favor of such a

discussion, but Mr. Rabenold was opposed to this procedure, since

he urged that the bakers would then be assisting in the formulation

and perfection of proposed legislation which would be introduced in

the form of a standard-weight bill. Your committee agreed that

the tolerances would be so used in some cases, but pointed out that

reasonable tolerances when arrived at would be equally applicable to

bread whether in standard loaves or not.

The joint meeting then recessed to allow a decision of the bakers'

committee on the procedure to be followed in respect to tolerances.

The bakers' representatives were requested by your committee to

bring in recommendations on three points, namely, (1) size of tolerances, (2) number of loaves necessary to obtain a fair average weight,

and (3) time after baking within which bread should be weighed.

On the last point your committee reserved the right to discuss whether

or not a time limit in hours should be set on account of difficulty of

proof as to the time when any bread had been removed from the

oven. Upon the reassembling of the meeting the bakers' representatives

submitted to your committee a bill which was said to be satisfactory

to the baking industry and asked for it the careful future consideraof your committee.

Upon the question of tolerances they stated that tolerances were

provided for in the bill submitted, and that they would stand on the

recommendation therein made.

There being no further business to come before the meeting,

adjournment was taken subject to the call of the chairman.

SYNOPSIS OF PROVISIONS OF BILL SUBMITTED BY BAKERs' COMMITTEE.

The basis of the bill finally submitted by the bakers' committee is

the Massachusetts bread law, with several amendments:

Section 1 provides for the sale of bread in standard-weight loaves, said weights to be determined not more than 12 hours after baking or delivery to retailer on the aver- age weight of 6 loaves, or 12 loaves if available.

Section 2 exempts rolls and fancy bread weighing less than 4 ounces and also exempts from the standard-weight requirement all bread the weight of which is represented upon the wrapper or, in the case of unwrapped bread, by a label or a pan impression upon the loaf, or, in the case of any bread sold at retail, upon the

premises of the manufacturer by a notice posted in close proximity to the bread,

setting forth the weight of each size and variety of loaf sold. Section 3 provides for rules and regulations to be made by the State official and to include tolerances, the seizure of bread deemed to be in violation of law, and for an

appeal by the baker to the State weights and measures official before prosecution.

It is provided that the tolerance shall not be less than 1 ounce per pound under the

standard unit or represented weight.

Section 4 provides a penalty of not more than $100.

Naturally your committee can not agree with the principle embodied

in this bill. Not only may bread be sold in other than standardweight loaves, but the tolerance is believed to be excessive. The

tolerances rejected by the Fifteenth Annual Conference on the ground

that they were too large are very much smaller than those proposed

here.
SIXTEENTH ANNUAL CONTEEENCE ON WEIGHTS AND MEASURES. 115

Briefly, the tolerances recommended at the conference provided that

on the average weight no tolerances in deficiency be allowed up to

time of delivery to retailer and one-half ounce per pound in deficiency

thereafter and up to the time the bread was declared to be stale and

sold as such. The tolerance in this bill is a minimum of 1 ounce per

pound in deficiency on the average weight at any time after removal

from the oven and up to 12 hours after delivery to retailer. Following this time when in the hands of the retailer this tolerance may be

exceeded whether bread is being sold as fresh bread or not.

RECOMMENDATIONS IN RE BREAD LAWS.

The necessity of having a model bread law ready for introduction

during the coming sessions of the legislatures of the various States

was pointed out at the last conference. It was hoped that some

legislation satisfactory to the weights and measures officials and the

baking industry might be framed at the joint meeting reported above.

In the failure of this your committee recommends the introduction in

the various jurdisdictions not already having a satisfactory law of

the model bread law adopted by the Fourteenth Annual Conference

on Weights and Measures, with additional provisions if there are any

such that are believed to be necessary or desirable to make the bill

more readUy applicable to particular local conditions. For example,

it has sometimes been thought advisable particularly to enumerate

the titles of the officials who are to be charged with the enforcement

of the law and specifically to provide for the seizure for use as evidence

or the confiscation of bread not complying with the provisions of the

law.

(A copy of the model law as adopted is attached hereto for your

information.)

Many States now have the general model law on weights and

measures recommended by the conference or a similar law, either with

or without the bread section, now obsolete, contained in that law. In

these cases it may be desired to adopt the present recommendations

for the sale of bread by adding a section to this general law or by

modifying the present section, rather than by the passage of the

special bread law mentioned above. If so, this object can be accomplished by incorporating a new section in the law similar to the

section adopted and recommended by the conference for this piu-pose, a copy of which is attached hereto.

RECOMMENDATION IN RE TOLERANCES.

The general position taken by the conference was to the effect that

tolerances on bread to be recommended to the various officials are very necessary and should be agreed upon as soon as possible. Your

committee concurs in this attitude, and in the failure to negotiate

satisfactory tolerances with the baking industry proposes to precede

upon its own initiative in an attempt to frame satisfactory tolerances.

If a conclusion can be arrived at, this will be sent to the delegates

attending the Fifteenth Annual Conference and a letter ballot taken

upon them. If approved upon such ballot, the proposed tolerances
116 U. S. BUREAU or STANDARDS,

will be circulated as the expression of tlie conference upon the subject.

In this way it is hoped that they may be available for use before the

coming meetings of the State legislatures.

Respectfully submitted.

(Signed) John M. Mote, Chairman,

John J. Cummings,

F. S. HOLBROOK,

Committee on Bread- Weight Legislation and Tolerances.

MODEL BREAD LAW ADOPTED BY THE FOURTEENTH ANNUAL

CONFERENCE ON WEIGHTS AND MEASURES.

Section 1. That the standard loaf of bread shall weigh 1 pound, avoirdupoiB weight.

All loaves of bread manufactured, procured, or kept for the purpose of sale, offered or exposed for sale, or sold, in the form of loaves, shall be of this standard weight, or of one of the following weights, and no other, namely, one-half of such standard weight, one and one-half times such standard weight, orin multiples of such standard weight:

Provided, however, That the provisions of this act shall not apply to biscuits, buns,

crackers, rolls, or so what is commonly known as "stale bread" and sold as such,

provided the seller shall at the time of sale expressly state to the buyer that the

bread so sold is "stale" bread. When twin or multiple loaves are baked, the weights

specified in this act shall apply to each unit of the twin or multiple loaf. Sec. 2. That the enforcing officer shall enforce the provisions of this act. Rules

and regulations for the enforcement of the provisions of this act not inconsistent

therewith shall be made by the enforcing officer, and such rules and regulations shall include reasonable variations and tolerances, in excess and deficiency, which may

be allowed.

Sec. 3. That it shall be unlawful for any person to manufacture, procure, or keep

for the purpose of sale, offer or expose for sale, or sell, bread in the form of loaves,

which is not of one of the weights specified in section 1, within such variations and

tolerances as may be fixed by the eniorcing ofiicer. Any person who, by himself or by his servant, or agent, or as the servant or agent of another, shall violate any of the provisions of this act shall be guilty of a misdemeanor and shall be punished by

a fine of not less than $25 nor more than |200, upon a first conviction in any court

of competent jurisdiction; and upon a second or subsequent conviction in any court

of competent jurisdiction he shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment for not more than six months, or by both such

fine and imprisonment, in the discretion of the court. Sec. 4. The word "person" as used in this act shall be construed to import both

the plural and the singular, as the case demands, and shall include corporations,

companies, societies, and associations.

REVISED SECTION ON BREAD TO BE SUBSTITUED FOR BREAD SECTION

FORMERLY INCLUDED IN MODEL STATE LAW ON WEIGHTS AND

MEASURES.

(To be numbered sec. 26 in form No. 2, sec. 18 in form No. 1, and

sec. 24 in form No. 3.)

The standard loaf of bread shall weigh 1 pound, avoirdupois weight. All bread

manufactured, procured, made, or kept for the purpose of sale, offered or exposed

for sale, or sold, in the form of loaves, shall be of one of the following standard weights

and no other, namely, 1 pound, one-half pound, 1^ pounds, or multiples of 1 pound, avoirdupois weight: Provided, however. That rules and regulations for the

enforcement of the provisions of this section not inconsistent herewith, shall be made

by the superintendent (commissioner), and such rules and regulations shall include

reasonable variations or tolerances, in excess and in deficiency, which may be

allowed: And provided furUier, That the provisions of this section shall not apply to

biscuits, buns, crackers, rolls, or to what is commonly known as "stale" bread and

sold as such, in case the seller shall at the time of sale expressly state to the buyer

that the bread so sold is "stale" bread. When twin or "multiple loaves are baked,

the weights specified in this section shall apply to each unit of the twin or multiple

loaf.
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 117

It shall be unlawful for any person to manufacture, make, procure, or keep for the

purpose of sale, offer or expose for sale, or sell, bread in the form of loaves which

18 not of one of the weights specified in this section within such variations or toler- ances as may be fixed by the superintendent (commissioner) as provided herein.

Mr. HoLBRooK. I might add to that report the fact that within

the last six months three States—-and more may be added before the

legislatures adjourn—have adopted a standard-weight bread law.

They are Washington, North Dakota, and Wisconsin. Illinois is now

considering such legislation, and other bills are pending.

There should also be read into the record the supplementary report

of the conference committee on bread-weight legislation and tolerances, which was also submitted by mail to the delegates attending

the Fifteenth Annual Conference on Weights and Measures.

SUPPLEMENTARY REPORT OF CONFERENCE COMMITTEE ON

BREAD-WEIGHT LEGISLATION AND TOLERANCES, PRESENTED

BY F. S. HOLBROOK.

Some time ago the annual conference committee on bread-weight

legislation and tolerances submitted a report on the results of a joint

meeting of committees held on August 16, 1922, in Detroit, Mich.

Supplementary to this report your committee now desires to advise

you that shortly after the conference held in Detroit, C. J. Kremer,

who represented the Retail Bakers' Association of America at the conference, addressed a letter to F. S. Holbrook, the Bureau of Standards

representative on the committee, requesting that the arguments of

the officials in favor of the standard-weight loaf be furnished him in

some detail. He stated that in reporting the Detroit meeting to his

association he desired to be in a position fairly to report both sides of

the case for consideration. In accordance with this request, data in

the hands of the committee and of the Bureau of Standards was furnished.

Some time ago we received a letter from Mr. Kremer, in which he

stated that he had laid the "model bread law" before the members of

the Wisconsin Association of Master Bakers at their convention and

also before the National Eetailers Association at Chicago. Both of

these organizations indorsed the principle. There was, he stated, some

difference of opinion as to details, and there was a minority who were

against the proposition.

In relation to the action taken by the retailers at their National

Convention, the October, 1922, issue of the Bakers' Review contains

the following:

* * * Charles J. Kremer, of Milwaukee, who represented the retail bakers at the conference held in Detroit with the sealers of weights and measures on the model

bread law, presented his report of what took place at the meeting.

* * * The sealers asked the bakers to agree among themselves on tolerances and

on the number of loaves that should be weighed in order to arrive at a fair average

weight. It immediately became evident that the bakers differed on essentials and

could agree on no common ground. Mr. Rabenold advised against the bakers committing themselves, and suggested the submission of a bill of their own, taking the

Massachusetts law as a model. * * «. The sealers demanded a standard-weight loaf of bread, but the bakers, on the other

hand, refused to recognize the right to impose standards.

Speaking for himself, Mr. Kremer expressed the belief that the agitation for a standard loaf would be carried on, as the sealers were determined to secure a standard, and

he personally doubted the wisdom of opposing them. He thought it would probably

be better to make friends with the sealers and with the women's clubs by agreeing

to standards.
118 U. S. BUBEAU OF STANDARDS.

STANDARD LOAF APPROVED.

President Lipp called for an expression of opinion from the meeting on this subject.

The consensus of opinion seemed to be in favor of agi'eeing to standards. Mr. Poehlmann announced that the Wisconsin Association of Master Bakers had the day before

gone on record as favoring a standard loaf. After some further discussion the matter was referred to the executive board with

the recommendation that they report through the trade papers. Your committee is very pleased, indeed, to advise you of the action

of the Ketail Bakers' Association in indorsing the principle of standard-weight loaves and believes that it will be very helpful indeed to

have the indorsement of this association in any attempt to obtain

legislation based on the standard-loaf principle.

Respectfully submitted.

(Signed) John M. Mote, Chairman,

John J. Cummings,

F. S. HOLBROOK,

Committee on Bread- Weight Legislation and Tolerances.

November 6, 1922.

Mr. Strobridge. Mr. Chairman, I would like to ask Mr. Holbrook

if the model law defines what is a fancy loaf, or fancy bread. That

would seem to me to be an important consideration. Sometimes they

twist the dough and call the product a fancy loaf; and they may

twist it and put a raisin on it and call it a fancy loaf.

Mr. Holbrook. Fancy loaves were not exempted by the provisions

of the model bill. Mr. Egan. I move that the report of the committee be accepted

with thanks and the committee discharged.

(The motion was seconded.)

Mr. Goodwin. It seems to me that this work should be continued,

and that the committee which has done such excellent work thus far

should be continued.

(The question was taken, and the motion was agreed to.)

REPORT or COMMITTEE ON SPECIFICATIONS AND TOLERANCES

ON SPECIFICATIONS AND TOLERANCES FOR FABRIC-MEASURING DEVICES, PRESENTED BY F. S. HOLBROOK, CHAIRMAN.

The committee on specifications and tolerances was instructed year

before last at the Fourteenth Annual Conference to draft specifications and tolerances for fabric-measuring devices. Last year the

committee brought in a report upon tolerances, and the tolerances

were tentatively adopted. This year to the tolerances which have

been tentatively adopted have been added the specifications for these

devices. Your committee has to report that these specifications were

completed only within the last two or three days. In general, the

manufacturers of devices have not had the opportunity of giving them

the scrutiny and study which would seem to be indicated, or of making any comments or criticisms in relation to them. It may be noted

further that one company has objected in one respect to the tolerances.

Your committee desires to suggest that if the conference adopts

these it be done in the same manner as has usually been foUowea in

the past when material has been presented for the first time; that is,

tentatively. In this case the opportunity will be given to all the

I
SIXTEENTH ANNUAL. CONFERENCE ON WEIGHTS AND MEASURES. 119

companies to raise any objections they may have either to the specifications or to the tolerances. The committee will consider such

criticisms and report back to the next conference.

These specifications and tolerances have already been distributed

to you. There are additional copies here for any who are not already

supplied.

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-measiiring device is a fabricmeasuring 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-measxiring device? 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 fabric-measuring 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 iDch

(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 fabric-measuring

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 wiU 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

?rice per yard the value graduations shall not exceed 2 cents:

*rovided, 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
120 U. S. BUREAU OF STANDARDS.

placed that their meaning and value may be clearly understood, but

they shall not be placed in the space between the regular graduations.

(b) If the 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 which the chart may assume shall

two value figures for the 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 length 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 accurate

reading is given. All pointers or indicators shall be symmetrical about

the graduation marks at which they ma}' 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. 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 length or prices of

dehveries to individual purchasers are returnable readily to a definite

and clear zero reading before the next measuring 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
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 121

construction that they are not designed to and may not be used to

faciliate the perpetration of fraud.

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 cus- tomary system.

Tolerances.—-The tolerances to be allowed on the delivery of

retail fabric-measuring devices in excess (under registration of device)

and in deficiency (over registration 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 - measu'rinj'

device.' Maebiiie

indication. In deficiency In excess

(overregistration).(uiiderregis- tration).

Yards. Inch. Inch.

1 i i 2 i

Tff

a 3 i 4 TIR i 5 i 6 I 7 i

1 8 i

1 9

10 i 14 U 1

i

14

12 li 13 If 14 2

15 1 2

' "Tolerances on delivery" refers to the variat-ions between the indications of the fabric-rai asuring

device and the corresponding actual lengths of testing strip passed through the device and docs not apply

to check measurements made upon lengths of fabrics which have been commercially me -.iired.

For machine indications of more than 15 yards add one-sixteenth

inch in deficiency and one-eighth inch in excess per indicated yard.

Respectfully submitted.

(Signed) F. S. Holbrook, Chairman.

Wm. F. Cluett,

R. F. Barron,

C. M. Fuller,

Committee on Specifications and Tolerances.

DISCUSSION OF ABOVE REPORT.

Mr. Holbrook. Supplementing the report of the committee, 1

wish to add a brief comment on certain paragraphs of the proposed

code.
122 U. S. BUREAU or STANDARDS.

The note to specification No. 1 is incorporated merely to recognize

measuring machines based on the metric S5^stera, caUing attention to

the fact that sales in the metric system shall not be held illegal.

The specification is along the same lines as that already adopted for

linear measures. In reference to specification No. 3, the necessity for the requirement that there shall be a certain clear interval between graduation

marks is that there be obtained sufficient sensitiveness in the machine

so that errors in setting which will be unavoidably made by the sales

person will not result in errors greater than the proper tolerances.

Now, in relation to the two general principles set forth in subdivisions (a) and (6) of specification No. 4, 1 might say that (a) refers

to a chart which up to this time, in so far as we know, has never been used on a fabric-measuring machine. It is the principle of

the ordinary chart which is used in the case of computing scales, and

there is no reason wh}'' it should not be allowed in the case of these

fabric-measuring devices by anyone desiring to do so. The principle embodied in (&) is that of the devices to which we

are accustomed, namely, those devices which purport only to indicate the prices for a certain series of imit graduations. For instance,

we are all accustomed to those machines in which the computations are made for one-eighth yard units. The requirements specified in (b)

seem to be all that are necessary when the value indications are going to correspond to exact lengths.

In the case of some devices now on the market it may be said that

in advertising matter they are specifically not recommended for

materials with certain characteristics. It is intended under specification No. 9 that such a warning should be put on the machine itseK,

specifying its limitations. It may not, perhaps, be necessary to

detail the names of the fabrics which are not correctly measured by

the machine, but the statement may specify these materials in a general way according to their characteristics. • Mr. McCjkady. I move you that the report read by Mr. Holbrook

be adopted tentatively by this conference.

The Chairman. It has been moved and seconded that the report

of the committee on specifications and tolerances relating to fabricmeasuring devices be adopted tentatively.

(The motion was seconded, the question was taken, and the motion

was agreed to.)

(It was moved and seconded at this point that the conference

adjourn; the question was taken, and the motion was agreed to.)

(Thereupon, at 4.30 o'clock p. m., the conference adjoxu-ned to meet

at 10 o'clock a. m. Thursday, May 24, 1923.)
SEVENTH SESSION (MORNING OF THURSDAY, MAY 24, 1923).

The conference reassembled at 10 o'clock a. m. at the Bureau of

Standards, William B. McGrady, second vice president, presiding.

ORIGIN AND DESTINATION WEIGHING OF COAL IN CASLOAD LOTS.

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

Mr. Chairman, gentlemen: The subject of coal weighing should

be, I feel, of importance to all, as the weight is the basis on which

all settlement is made from the wage paid to the man who mines the

coal to the price paid by the consumer at its final destination down

to the purchaser in bushel lots.

This paper is confined to a general description of the railroad weight,

or origm weight, the means and methods of obtaining this weight,

and the variations from this weight at destination, with some of the causes for these variations.

Coal in carload lots is weighed by the railroad, and these weights

are used by the railroad for the assessment of freight charges; also,

practically all coal shippers state specifically in their contracts with

consignees that settlements v/ill be made on the railroad weight. This

being the case, it is of the utmost importance that these weights

receive most careful attention.

In order to facilitate the movement of the large tonnage of coal and

to secure the best and most satisfactory results, it has been found

expedient to concentrate the weiglung and waybilling at special coalweighing stations, where the yards are laid out to meet the requirements. There is a receiving yard connected to the outbound or

classification yard by a main lead over a hump, the scale being located

on the hump, so that cars can be weighed in motion. The volume

of business is so great that the delay which would be caused by the spotting of each car for weighing would be prohibitive. The hump is so designed that the cars will obtain sufficient momentum to carry them

to the far end of the longest classification track, and the scale is so located with reference to the apex of the hump that the car will not

exceed a speed of 4 miles per hour over the scale, and the entire car will

be on the scale approximate^ three seconds. This speed over the scale

and the elapsed period on the scale are obtained without the use of

the brake. These figures relative to speed of car and particularly

the time the car is on the scale have been found, by test, to give us the best results with the automatic weighing attachment.

The scales at all of the coal-weighing stations are of modern design,

heavy type, installed on foundations designed to take care of the

heaviest cars and the passage of locomotives over the dead-rail system without any giving under the load. Let me say at this point

that the question of adequate foundation is of the utmost importance

in the installation of all classes of scales. The scales are equipped

with automatic weighing devices which stamp the weight of the car

123
124 U. S. BUREAU OF STANDARDS.

on a card. This weight is on the original shipping order which is made out for and travels with each car from the mine to the coalweighing station. This shipping order made out by the shipper is known as the scale card waybill and gives full billing instructions,

signee, destination, and grade of coal. The automatic machine has

been improved in design from time to time and is at present sur- rounded with all safeguards to assure its proper operation. A locking device in connection with the scale rail locks the machine if the

wheels of the car following the car being weighed should get on the

scale before the weight of the first car is stamped, resulting in no

weight being shown for the car, which must then be brought back

to obtain its weight.

The scales on account of their importance and the number of cars weighed (they will average at our larger stations 800 to 1,000 cars of

coal daily in addition to other carload commodities) receive special

attention as regards maintenance and test. Our rule governing the

test of scales reads as follows : "A daily test will be made on each scale

equipped with automatic attachment by weighing a car spotted

on the trip end with beam, also in motion with automatic attachment." This is in addition to the regular tests made with the

scale-test car, and is primarily to assure the weighmaster that his

attachment and his beam are together; he assumes his beam weight

is the correct weight. To show that this assumption is well founded

and that the scale does not vary to any great extent between regular scale car tests, I would advise that we have had this class of

scale in service for periods of from three to five years without finding

them varying more than 0.10 per cent of the test load, the tolerance

according to the Bureau of vStandards, being, as you know, 0.20 per

cent. If the attachment shows a variation greater than 100 pounds

either side of the beam weight, adjustment is made, and in those cases

in which there is a radical difference and inspection does not develop

a cause that the weighmaster can remedy the scale inspector is wired

for at once. A comparative test was made of the beam against the automatic

weight by weighing 68 cars in motion with the attachment and spotted

with the beam. The total difference between the automatic weight

and beam weight was 2,500 pounds, an average of 37 pounds per oar, amounting to about a fair sensibility reciprocal for a track scale.

The greatest individual errors were one of 400 pounds and one of 260

pounds; all others were 200 pounds or less, these variations being

light and heavy. The cars in the test varied in weight from 80,000

pounds to 155,000 pounds.

The stamped weight on the original shipping order card is a permanent record filed away at the coal weighing station, the revenue

waybill being made out at this point and accompanying the car to

destination. The car goes through to destination in the usual transit

time according to the distance hauled. When it reaches the local

dealer or retailer, he weighs the coal for the most part on wagon

scales in 1, 2, or 5 ton lots—I doubt if there are very many in the

last-mentioned amount—and it is from these consignees, no doubt,

that you gentlemen have complaints as regards shortages.

including the car number, shi name, point of loading, con-
SIXTEENTH ANNUAL, CONEEEENCE ON WEIGHTS AND MEASURES. 125

Let me state here, gentlemen, that we do not claim infallibility

for railroad scales and the results obtained from them, for there is no such thing as 100 per cent scales or 100 per cent efficiency in the

operation of the scales or in their operators. We do claim that our

scales are, to the best of our ability, designed, installed, maintained,

and operated to give you as near correct weights as we can, and our

forces operating the scales and billing the coal are well organized and

their work checked frequently.

To get back to the consignee and his weight, it has been my

experience up to very recent years that the ordinary wagon scale as

installed was good; its maintenance, however, was poor and in

many cases absolutely negative; tests were unheard of or worthless.

To-day the scale installations are not only good but very good, and

the maintenance and tests of the scales are vastly improving, thanks in

great part to the campaign of education for care of scales, for which

you gentlemen are largely responsible.

If a shortage is now reported to you, you satisfy yourself that the

scale is in proper condition, free and clean and reasonably maintained.

If possible, you have a test of the scale made. Let us assume you

find all these conditions satisfactory. In addition, let us assume that

a shortage is found, for instance, 2,000 pounds on a 100,000-pound

load, and the railroad declines to issue corrected waybill. Why?

The published tariff of the raihoad, I. C. C. 2205, provides a tol- erance (the difference in weight due to variation in scales or weighing

which may be permitted without correction of the waybill) of i per

cent, plus one-half of 1 per cent for variations due to the evaporation

of moisture. The scale variation in the tariff is assumed to be between

two track scale weights, whereas in the case assumed the weight was

taken in a number of drafts on a wagon scale. The coal has been

handled from car to wagon with some loss, any error in the wagon

scale has been muliplied by the number of drafts, and the weight

of each load taken to the nearest 10 pounds, all of which factors must

be taken into consideration and could readily account for the differ- ence of 350 pounds between the tolerance allowance of 1.5 per cent

of the lading, 1,650 pounds, and the 2,000 pounds shortage found.

There is one other variation that I have not as yet touched upon

which is of considerable importance, and that is the variation due to

weather conditions. Coal is transported almost exclusively in open

cars and is subjected to the direct action of the elements, particularly

rain, snow, and sleet. This is a risk that is understood and should

be taken into consideration by all interested in the handling of coal.

A car of coal will take up during a rainstorm the full amount of

precipitation for an area equal to the exposed top of the car. The

present-day coal cars present an exposea top area of 40 by 9-| feet, or 380 square feet, and for each 1 inch of rainfall on this car the

weight will be increased approximately 2,000 pounds. This added

weight will be lost under ordinary fair weather conditions in from two

to three days. This was shown by a test made with 14 cars of coal,

which were weighed, run under a penstock, water added to cars, and

then reweighed. The average increase in weight due to this added

water was approximately 700 pounds, equivalent in amount to about

0.3 inch of rainfall. Two more weights were taken 24 and 48 hours
126 U. S. BUREAU OF STANDARDS.

later. The first weight after a lapse of 24 hours showed an average

loss of 400 pounds per car and the second after 48 hours an average

loss of 550 pounds per car. The cars had lost all but 150 pounds

per car of the 700 pounds of water added. It will thus be readily seen that in the event that a car is weighed during or shortly after

being exposed to a rainfall and then reweighed several days later,

after a period of clear weather, there will be a variation other than

the regular tolerance variations that will enter into the question. In I the same way the increased weight during the winter weather due

to snow and sleet falling on the car before weighing must be considered. However, quite frequently a quantity of this remains with the J lading to destination, the melting snow being absorbed by the coal

and freezing, in which case deficiencies in weight due to this cause do

not occur. f A number of comparative studies have been made of the billed

railroad weight as against the outturned destination weight. The

Baltimore & Ohio made a check of a year's business at one of its

ports, amounting to nearly 1,700,000 tons, and found a variation

amounting to 0.027 per cent. There was a gain in weight at destination during the months from October to March, inclusive, and a

loss during the other months of the year. It is our opinion that these

variations are due in great measure to weather conditions and their

eft'ect on moisture contents, conditions in the spring and summer being

conducive to loss and in the fall and winter to the retentioa of moisture.

The Government here in Washington made a check, at its fuel

yard and at St. Elizabeths Hospital, on 100 cars of coal, and their weights

differed from the railroad billed weight by only 800 pounds on a total

of 11,500,000 pounds, a difference of less than 0.007 per cent,

I have attempted to give you a general outline of the manner in

which coal is weighed by the railroads, how we attempt to safeguard

this weight, the variations that are bound to exist between this and

destination weight, and some of the causes therefor. These remarks

cover general conditions which should be considered in the investigation of each individual case of complaint. Gentlemen, I thank you.

with the work years ago. Errors were largely due to the faulty

condition in which the wagon scales were maintained. Conditions

to-day in Pennsylvania are entirely different. The wagon scales are

in much better condition.

Mr. Roberts. In regard to moisture in coal, I had occasion to

make some tests not long ago. The difference in weight between wet

and dry coal was under consideration. We made a test of it and we

foimd weight variations between dry and wet coal of from 1 to 8

pounds per cubic foot. In one instance, in one coal dealer's yard,

we took the weight of run-of-mine coal, which absorbs more moisture

than any other grade of coal, on samples taken from the top of the

pile and the bottom of the pile two days after a rain. We found

there was 8 pounds difference. I would like to know if there is any

DISCUSSION OF ABOVE PAPER.
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 127

city represented here which has any laws requiring the retail dealer

to keep the coal under sheds. That question has been raised, and I have been unable to find if any State has a law which requires coal

to be kept under cover, so that the consumer can buy dry instead

of wet coal.

The Acting Chairman. Can any of you gentlemen answer the

question 1 Mr. Roberts. It seems that the consumer must take advantage

of seasonal conditions and buy his coal in dry weather.

RETAIL SALE OF COAL AND COKE.

By Geoboe M. Roberts, Superintendent of Weights, Measures, and Markets, District of Columbia.

In forming an opinion on the subject of the best method of selling

any commodity convenience as well as accuracy should be given

much consideration. Coal is no exception to this rule. We are often

inclined to drift too far into the whirlpool of technicalities in dealing with subjects of gi'eat importance to the general public, when it is our duty to work out plans which may be easily understood by all and easily appUed in ordinary business transactions.

The person with a well-trained mind drives in that direction,

whereas the person with an untrained mind, through operation of his

imagination, is led to look after the difficult and intricate. This is very well illustrated by the fact that the child in seeking to solve

problems in arithmetic which may be simple looks for a difficult

method of procedure, because he imagines the problems must be difficult otherwise they would not be in the book. Another class embraces

those who fall into certain habits, and no matter how productive of

business inefficiency such habits may be refuse to shake them off. The up-to-date merchant, regardless of the particular line in which

he may be engaged, endeavors so to systematize his business that

he is able to carry it on with convenience and accurately arrive at

the profit he makes or the loss he sustains. However, we find cer- tain classes of business which are generally conducted in a slipshod

manner and on an indefinite and uncertain basis. Several which fall

readily into this class might be mentioned. The coal business is one

of them. This may not be true of every locality, but it is of many.

I consider it unfortunate that penal laws must be invoked in some

instances not only for the purpose of protecting the purchaser against

fraud, but for the purpose as well of protecting the merchant against

the results of his own folly.

Prior to 1921 there was no law in the District of Columbia requiring the sale of coal by weight. The custom was to buy and sell

large quantities by weight but to buy and sell small quantities by

measure; that is, by the bushel. Many hundreds of families among

the poorer classes purchased in no other way. Some dealers with

established places of business had a large "bushel trade," and practically all the hucksters sold in that manner. The bushel custom

was deep rooted and firmly established. It was productive of fraud,

deception, uncertainly, and dispute. The actual quantity delivered

for a bushel depended much, of course, upon the kind of coal, the

method of measuring, and whether or not the measure was heaped.
128 U. S. BUREAU OF STANDARDS.

The situation was deplorable, and when Congress passed the new

weights and measures law for the District a provision was inserted

prohibiting the sale of coal in any other manner than by weight.

After prescribing that the usual ticket stating tare, net weight, etc.,

shall accompany the load and be delivered to the purchaser or his

agent when delivery is made in a vehicle, the law provides that in

sales of 280 pounds (one-eight ton) or less, when not weighed in a

vehicle, it shall only be necessary to deliver a ticket indicating the

net weight of the coal. The law further provides that when coal is sold in packages of 50 pounds or less it shall be sufficient to mark

conspicuously on the package the net weight and the name and

address of the packer thereof. The purpose is to facilitate delivery

of definite quantities in order that the vendor may conduct his busi- ness without inconvenience and at the same time know the quantity

he delivers and the purchaser may know the quantity he receives.

Every reasonable means for bringing about this desirable end has

been provided.

Now, I am of the opinion that established trade customs should not

be disturbed by legislation unless it can be affirmatively shown that

such customs facilitate or result in the perpetration of fraud. The

habits and customs of the people should be molded into law except

where such habits and customs produce or tend to produce injury to

others. The practice of buying and selling coal or other commodities by the bushel, in my opinion, falls with the latter designation.

After the law became operative our department used every means

at its command to inform dealers, hucksters, and the public of its

provisions and to assist them in every reasonable way to observe it. Notwithstanding these facts, much difficulty in its enforcement has

been encountered, and I am convinced that thorough enforcement

can be brought about only through a long process of education and a

considerable number of prosecutions. It has been as difficult to bring

dealers with established places of business—men of apparent intelligence—to an understanding and observance of the law as it has been

to arrive at the same result with hucksters. Many particular instances and many definite facts could be adduced to forcibly demonstrate

the accuracy of the foregoing statements, but if I should cite them

I might be charged with dealing in disagreeable personalities, and

this I wish to avoid. I may say, however, that of a series of purchases made by employees of the weights and measures department

of the District of Columbia last winter of coal being sold by the

bushel in violation of the law the weights of the alleged bushels purchased ranged from 52 pounds to 80 pounds. I think it unnecessary

to state what action was taken by our department in cases of that

kind.

The facts clearly demonstrate, however, the wisdom of making

sales of coal by weight and the benefits to be derived not only by

the public but by vendors as well. Our experience further demonstrates that it is extremely difficult to change deep-rooted and established trade customs by law, and that such should be done only in

instances where the change is in furtherance of the public interest.

I believe that the benefits in this instance fully warrant the action

taken, and we hope before a great while to bring about a rigid observ- ance of the law.
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 129

DISCUSSION OF ABOVE PAPER.

The Acting Chairman. In connection with Mr. Roberts's paper,

Pennsylvania has a law that the weight of coal sold by the bushel

must be 76 pounds. It is a very hard proposition to control the

local dealer and the huckster and require them to sell by the bushel

weight. They fiU the measure up; it may be 70 pounds, but sometimes it is 65 pounds.

Mr. Roberts. I would like to ask if you do not think it would be

better if you merely had a provision saying that it should be sold by

weight. Don't you think that the provision saying that a bushel

shall be a certain number of pounds is more or less comusing ? Sometimes this number of pounds may not fill a bushel measure and the

buyer then thinks he is cheated.

"The Acting Chairman. There is no question but that everybody

connected with weights and measures is heartily in favor of selling

by weight only, but you will have a hard time to force the hucksters

to sell by weight.

REPORT OF COMMITTEE ON SPECIFICATIONS AND TOLERANCES ON

A SUBSTITUTE FOR SPECIFICATION NO. 23 - A FOR SCALES,

PRESENTED BY F. S. HOLBROOK, CHAIRMAN.

The committee on specifications and tolerances desires to present

a new specification in reference to scales which is offered as a substitute for specification No. 23—a under the heading "Scales—General specifications. " We think it important that this be considered

at this time when tolerances for automatic scales are about to be

discussed.

Under the heading "Scales—General specifications" we now have

specification No. 23-a reading:

All scales shall give correct weight indications whether the load is being increased

or decreased.

This specification is to the effect that when weights are being successively added to the platform of a scale all errors developed on this

increasing load test shall be within the tolerances given in the table.

As the weights are being successively removed from the platform of

the scale and the pointer is reversing its direction, then all errors on

the decreasing load test shall be within the same tolerances.

Now, for example, take the case of a scale of 500 pounds capacity

and suppose that the tolerance at the 400-pound point is plus or minus one-half pound. If the scale is slow one-half pound on the

increasing load test, it is within the tolerance. If the scale is fast

by one-half pound on the decreasing load test, it is also within

the tolerance. These errors being in opposite directions the range

between them is 1 pound, and a scale will pass at the 400-pound

point if those are the errors found. That difference in indication

mentioned is the maximum allowable; that is, the sum of the plus

and minus tolerance at any point on the scale is the total maximum

range of error which may be allowed to occur. We wiU indicate

these errors mentioned by two crosses on the diagram, the one marked

(i) being the error at the increasing load and the one marked (d) being

the error at decreasing load.

76317—24 9
130 V. S. BUREAU OF STANDARDS.

Fig 2.

Diagram illustrating application of specification No. 23-a for scales.

Now, consider a scale which has no readable error on the increasing load test, but which is otherwise in the same condition as this

scale just mentioned. Then it will necessarily have the same range

of error at the 400-pound point; that is, it will necessarily be in error by 1 pound fast on the decreasing load test. We will indicate these

errors by circles on our diagram, the one marked (i) again being the

error on the increasing load test and that marked (d) being the error on the decreasing load test. The first-mentioned scale will meet the

present specification, while this latter scale will fail to meet the

present specification. However, the latter scale is the better scale

unquestionably.

Under this condition of affairs a manufacturer, or a field service

man, upon testing a scale and finding the decreasing load error at

any point outside of the tolerance will always be tempted to adjust

his scale to read slow going up in order to have a better opportunity

of coming within the tolerance on the decreasing load test. Inasmuch as it is the general experience with automatic scales that a change resulting from use will usually be in the "slow" direction,

and inasmuch as the manufacturer or the field service man is tempted

to make his scale "slow" upon adjustment, we have a case where

the scale left "slow" upon adjustment will very quickly go outside

of the tolerance on account of use. This is a very unfortunate state

of affairs, since it tends to militate against continued accuracy.

Now, the committee has been worldng on a plan to correct this

condition and desires to present a specification whereby the second

scale mentioned above may be passed without increasing the present

maximum range of error; that is, w^e desire to leave the maximum

range between errors the same but at the same time allow the manufacturers to make the scale just as nearly correct as possible upon

the increasing load test. The specification which has been worked out and which is being

presented to you as a substitute for the present specification No. 23-a

reads as follows:
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 131

When tests are being made with both increasing and decreasing loads on any scale, at any stage of the test the range between corresponding observations for increasing

and decreasing loads shall not be greater than the sum of the tolerances in excess and in deficiency for the load in question.

We have shown that, when a plus or minus error of one-half pound

is allowed at the 400-pound point on a scale, under the present specification a scale indicating 399.5 pounds with an increasing load of

400 pounds and indicating 400.5 pounds with the same decreasing

load will comply with the specification. The range between these

two indications is 1 poimd.

We now desire to allow this scale to be adjusted to read exactly

400 pounds with an increasing load and accept it if it has the same

range as before; that is, if it indicates 401 pounds on the decreasing

load test. The specification as now presented accomplishes this.

It may also be mentioned that, since this specification makes no

changes in the tolerances to be allowed on an increasing load test,

under the proposed specification the scale is also to be accepted if it indicates 400.5 pounds on the increasing load test and 401.5 pounds

on the decreasing load test. For the sake of completeness these

errors are also included in our diagram, being represented by squares,

(i) and (d) again denoting indications at increasing and decreasing

loads, respectively. Of course, this represents the most extreme case which can arise under the specification and is not a recommended

adjustment of the scale.

The indications at increasing loads on the scale are very much

more important than the decreasing loads, since this is the way in

which the scale is normally used. However, the range between

errors or indications on the increasing and decreasing loads should be

regulated to some extent, because investigation has demonstrated

that the smaller the area embraced by the curves representing indications at increasing and decreasing loads the better the scale ; in

other words, this area is an indication of the workmanship of the

scale. If the scale is very deficient in workmanship, you will find

greater differences between the errors at increasing and decreasing

loads than would otherwise be the case, these differences being to

some extent a measure of the backlash and friction in the parts.

But we do not want a specification to stand upon our books which will

result in the accuracy of the increasing load indications being sacrificed for the sake of making the decreasing load indications more

nearly correct for the reason heretofore stated, that the increasing

indications are intrinsically much more important than the decreasing

indications.

In these illustrations we have assumed a definite weight to show

what is meant. Of course, the specification applies to all the indications of the scale.

We desire to repeat that this does not involve an increase in the

maximum range between the allowable errors. Under both of these

specifications the maximum range is exactly the same. Moreover, it should be emphasized that the tolerances on increasing load indications are not affected or changed in any way whatever.

« In order to make this specification more readily understandable, a slight modification in wording,

which does not alter the meaning in any way, lias been made since tliis specilicatioa was first presented

to the conference.
132 U. S. BUREAU OF STANDABDS.

The committee desires to recommend that this modified specification be adopted in lieu of present specification No. 23-a, under the

heading "Scales—General specifications," for the reasons given.

If this suggestion is adopted, then specifications identical in substance with this, occurring under two subheadings—namely, "spring

scales" and "computing scales"—should be modified to the same

effect.

(Signed) F. S. Holbrook, Chairman,

Wm. F. Cluett,

R. F. Barron,

Chas. M. Fuller,

Committee on Specifications and Tolerances.

(It was moved and seconded that the specification as amended be

adopted, the question was taken, and the motion was agreed to.)

KBPOBT OF COMMITTEE ON SPECIFICATIONS AND TOLERANCES

ON TOLEHANCES FOR HEAVY-DUTY AUTOMATIC SCALES, PRESENTED BY F. S. HOLBROOK, CHAIRMAN.

The committee on specifications and tolerances presented to the

Fifteenth Annual Conference a report on tolerances for heavy-duty

automatic scales, which was accepted by the conference and laid

upon the table in order to give the officials an opportunity to see how the suggested tolerances would work out in practice.

In that document was included a statement of the condition of a

large number of automatic scales in service wliich had been tested

jointly by the Bureau of Standards and by the committee on specifications and tolerances.

A resume was given of the various recommendations which had been

made in relation to tolerances by interested parties, and finally the

committee gave as its conclusion that beam-scale tolerances should

be the basis for tolerances on automatic scales, certain necessary

modifications being made in order to make the tolerances applicable

to automatic scales. In deciding upon this basis we cited the fact

that the majority of the manufacturers of automatic scales had

expressed themselves as in favor of that basis, although some manufacturers were inclined to think that the tolerances suggested were

somewhat too small.

We can report this year that the majority of manufacturers of

automatic scales again declare that the tolerances as proposed last

year are satisfactory to them. No very definite objections were

made by other manufacturers, although it is believed that some of

them still believe that the proposed tolerances are slightly too small.

When tolerances were suggested last year, it was recommended by

the committee that they be adopted tentatively only on the ground

that some important users of automatic scales had requested that

they be given an opportunity to study the tolerances and make such

recommendations as seemed wise to them. The committee explained

that in justice to those large users it was considered that the report

should not be finally adopted at that time.

During the year the users to whom I refer have had the opportunity of studying the recommendations; but as yet, although solicited,

your committee has not heard from them in relation to recommendations. Consequently, the committee is now inchned to resubmit
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 133

the report made last year and the tolerances contained therein for

the final action of the annual conference. It is suggested in that con- nection that the tolerances be enforced in line with recommendations

of the committee, made in last year's report, that special consideration should be given in many cases to automatic scales already in use. In so far as scales hereafter to be put into use are concerned, it seems

to your committee that the tolerances may be strictly applied.

interest m this connection may be quoted as follows

* * * as to scales hereafter to be produced by the manufacturers and put into

commercial service, the committee is placing before you for your consideration a system of tolerances having as a basis the tolerances now allowed on beam scales. As to scales already in use somewhat different considerations govern.

While in theory there seems to be no definite reason why such scales should not

be governed by the same tolerances as are to be presented, nevertheless as a matter

of practical expediency and justice it may be found necessary or advisable to allow

somewhat more liberal tolerances in the field. These scales have been bought and

used in good faith; they represent a considerable investment of capital; they have

heretofore been allowed in use with the consent of the official and will often be found

to bear his seal, although certainly not a majority of them will comply with the tol- erances to be presented.

Your committee has given attention to this phase of the situation in an endeavor

to decide whether separate tolerances could be presented for these scales, such as twice the tolerances to be suggested for scales hereafter to be put into use, but has

decided against this step, since often the conditions of the individual case must gov- ern the decision.

In relation to scales already in use it would be our recommendation that great care be exercised in putting them into effect and that, if after a careful survey of his district it appears to any official that great and unnecessary hardship would be the result

of enforcement in general or in particular cases, he use his best judgment as to whether or not they are immediately to be put into force or as to the best manner of putting them into force- One other point should also be mentioned. Last year the report

contained the following:

Definition. —A heavy-duty automatic indicating scale is a scale of a total capacity

of 500 pounds or more in which is embodied or to which is attached a self-acting

mechanism, the capacity of which may be equal to or less than the total capacity of the scale, through the agency of which the indicated or recorded weights of variable

loads may be obtained. This classification does not include scales which automatically weigh out commodities in predetermined drafts, such as automatic grain-hopper

scales, packaging scales, etc

A motion was adopted at the last conference to the effect that the

committee should give consideration to all automatic scales not of

the counter type and embrace these within the tolerances to be

recommended for adoption, rather than to limit its recommendations

to scales of a capacity of 500 pounds or more.

There are many such scales now in use and now being manufactured. The committee has given that matter consideration and

reports that it is of the opinion that the present tolerances recommended will be entirely applicable to heavy-duty scales of less than

500 pounds capacity.

Therefore, a change should be made in the definition in order that

such scales may be included. We suggest that the definition be

amended to read as follows:

Definition. —A heavy-duty automatic indicating scale is a scale, other than of

the counter-scale type, in which is embodied or to which is attached a self-acting

mechanism, the capacity of which may be equal to or less than the total capacity of the scale, through the agency of which the indicated or recorded weights of variable

loads may be obtained. This classification does not include scales which automatic

which are of especial
134 U. S. BUREAU OF STANDARDS.

cally weigh out commodities in predetermined drafts, such as automatic grain hopper scales, packaging scales, etc

Automatic scales of the counter type are already covered by our

counter-scale specifications and tolerances and this definition will

take up the line of self-indicating scales at the point where the definition of counter scales no longer applies. It may be that some

slight modification of definition may still be necessary, but this seems

to include all automatic scales which are not of the counter-scale

type and which are of a reasonably heavy type, which it is thought

should be included at this time.

The tolerances proposed will now read as follows:

NONRETROACTIVE TOLERANCES FOR HEAVY-DUTY AUTOMATIC INDICATING SCALES.

Definition.—A heavy-duty automatic indicating scale is a scale,

other than the counter-scale type, in which is embodied or to which

is attached a self-acting mechanism, the capacity of which may be

equal to or less than the total capacity of the scale, tlirough the

agency of which the indicated or recorded weights of variable loads

may be obtained. This classification does not include scales which

automatically weigh out commodities in predetermined drafts, such

as automatic grain hopper scales, packaging scales, etc. Note.—The tolerances herein presented for consideration are, as is stated abo^-e,

not intended to be applied strictly to scales already in use. These tolerances are not to be construed as applying to raihoad

track scales, whether or not automatic indicating devices are embodied in or attached to such scales.

Tolerances.—The tolerances to be allowed in excess or deficiency

on heavy-duty automatic indicating scales shall be the values shown

in the following table: Provided, however, That the tolerances on the

dial or reading face on all these automatic indicating scales shall in

no case be less than the value of one of the minimum graduations on

the dial or reading face, or one five-hundredth of the capacity of the

dial or reading face, whichever is less, except that on such of these

scales as have a minimum graduation of 1 pound or more on the dial or reading face such tolerance shall not be less than 1 pound. The

tolerances on any beam or beams with which the scale may be equipped

shall be the same as those specified above, except in cases where

the value of the minimum graduatian on any such beam is less than

that of the minimum graduation on the dial or reading face, or one

five-hundredth of the capacity thereof, whichever determines the

minimum tolerance on the dial or reading face, in which cases the

minimum tolerance on any such beam shall be the minimum graduation on any beam with which the scale may be equipped.

The minimum tolerance to be allowed on the ratio or the multiplying power of the scale shall be the same as the minimum toler- ance allowed on the beam: And provided further. That the manufacturers' tolerances or the tolerances on all new heavy-duty automatic

indicating scales shall be one-half of the values specified above.

The tolerances to be allowed on heavy-duty automatic indicating

scales used exclusively in determining weights for the sole purpose

of fixing charges for the transportation of freight shall be twice those

specified above.
SIXTEENTH ANNUAl. CONFERENCE ON WEIGHTS AND MEASUKES. 135

Load in pounds.

50....

100... 200...

300...

400...

500... 600...

800...

1,000.

1,200.

1,500.

1,800.

2,000.

2,500. 4,000.

6,000.

8,000.

10,000 12,000

16,000 20,000

24,000

30,000

40,000 60,000

Tolerance, class A. Tolerance, class B.

On ratio. On dial or beam. On ratio. On dial or beam.

Ounces. Ounces. Ounces. Pounds.

i 1

1 2

2

A'± 3 6

4 8

5 10 io IJ

6 12 12 ^

8 1 1 2

8 1 1 1

10 li li 2i

12 li li 3

If 3J Pounds.

1 2 2 4 li 2i 2i 6 2 4 4 8

3 6 6 12

4 8 8 16

5 10 10 20

6 12 12 24

8 16 16 32

10 20 20 40

12 24 24 48

15 30 30 60

20 40 40 80 25 50 50 100

Note.—The values given in the above table are the same as those adopted by the Eleventh Annual

C<mference for platform scales of the beam type and incorporated in Bureau of Standards Circular No. 61 and Handbook No. 1. Explanation of Preceding Table.—Class A scales include the

following : Scales of the portable platform type ; and also scales of the

self-contained or dormant and built-in types which are installed inside of a building having side walls and roof, which protect the scale

from weather effects and from sudden changes of temperature.

Class B scales include the following: Scales of the motor-truck and

wagon types ; and also scales of the self-contained or dormant and

built-in types which are not installed inside of a building having side

walls and roof and which are exposed to weather effects and sudden

changes of temperature.

Note.—^The latter effect, since it causes the condensation of moisture on the scale

parts, often has as serious results on the condition of the scale as have weather effects. The values in the columns with the headings "Tolerance," "On ratio"

are to be applied to the ratio or multiplying power of such scales

with which loose counterpoise or "bottle" weights are used; namely,

those which are manually applied and removed and are not an integral part of the scale mechanism.

The values in the columns with the headings "Tolerance," "On dial or beam" are to be applied to those parts of such scales not requiring

the use of loose weights; for example, the dial, a beam, or "built-in"

automatic or semiautomatic counterpoise or unit weights; namely,

those which are automatically or mechanically added and are an

integral part of the scale mechanism and not designed to be detached

therefrom.
136 tr. S. BUREAU OF STANDARDS.

Tolerances on Weights.—The tolerances to be allowed on loose

counterpoise or "bottle" weights used on heavy-duty automatic indicating scales shaU be the same as those specified for such weights

used on beam scales.

(Signed) F. S. Holbrook, Chairman.

Wm. F. Cluett,

R. F. Barron,

Chas. M. Fuller,

Committee on Specifications and Tolerances.

(A motion was made and seconded that the report be finally adopted

;

the question was taken, and the motion was agreed to.)

Mr. HoLBROOK. Mr. Chairman, before I lose my place, what shall

be done with the specifications and tolerances for vehicle tanks ? (At this point H. A. Webster, first vice president, assumed the chair.)

Mr. Fuller. Mr. Chairman, I move you that we continue the work

we started yesterday on specifications and tolerances for vehicle tanks.

Mr. Paul. Mr. Chairman, yesterday we were very anxious to go on

with the discussion of specifications and tolerances for vehicle tanks,

but the consensus of opinion of the conference was that we should

follow the program. Now, since there are a good many here interested in resolutions, let us continue with the report of the committee

on resolutions and then we can take up the tank proposition.

Mr. Fuller. Mr. Chairman, I know that the representative of the

tank people has been here for several days looking for it to come up

on the program, and he has to leave for New York, and that is the reason why I thought we should take it up at the earliest opportunity.

The Acting Chairman. The chair will state that it will not take

long to go through with the resolutions.

(A motion was made and seconded that vehicle tanks be considered

at a later point on the program. The question was taken and the

motion agreed to.)

RESOLUTION ON THE LIFE AND WORK OF SAMUEL WESLEY

STRATTON, PRESENTED BY JOSEPH J. HOLWELL, CHAIRMAN

OF SPECIAL COMMITTEE.

Whereas the calling of Samuel Wesley Stratton, on January 1, 1923, from the directorship of the National Bureau of Standards to the presidency of the Massachusetts

Institute of Technology is both a recognition of and a fitting tribute to one who has

rendered invaluable service to commerce and industry in America and has served

his country well in her hour of need, and his acceptance of the proffered presidency means much for the continued future usefulness of that famous institute of learning, for he brings to it a ripe experience and an exceptional ability to direct its manifold activities; and

Whereas Samuel Wesley Stratton feels that this change in his vocation makes it necessary for him to resign from the office of president of the Annual Conference on

the Weights and Measures of the United States, a position which he has so long and

BO honorably held, it is considered that this time is an appropriate one briefly to review his life history and achievements, and with this thought in mind the follow- ing is presented:

Samuel Wesley Stratton, like many other celebrated Americans who have contributed to their country's greatness, was born in humble circumstances. His parents were God-lo\dng people of the hardy pioneer stock, who helped to develop the set- tlement of Litchfield, 111., where he was born July 18, 1861. Modest though their

circumstances, great was their desire that their son should have the advantage of an

early education, and by dint of their efforts this was provided by them. Although
SIXTEENTH ANTTUAL, CONFERENCE ON WEIGHTS AND MEASURES, 137

lacking most advantages enjo3'ed by the American youth of to-day, young Stratton

after completing his school work was determined to secure a higher education. He

entered the University of Illinois, and by engaging in work after his college hours was able to pay his way through colle?e. At the age of 23 the University of Illi- nois conferred upon him the degree of Bachelor of Science in Mechanical Engineering.In recognition of his exceptional ability the University of Illinois called him in 1885 as an instructor of mathematics and physics, promoted him in 1889 to assist- ant professor of physics, and advanced him in the same year to the chair of physics

and electrical engineering, which honored position he held until 1892. The same

year he was called by the University of Chicago to be assistant professor of physics, was promoted in 1895 to an associate professorship, and in 1898 was made a full professor. Appreciating in his collegiate days that America in case of war would require the

services of those of her sons who by education were prepared to officer her Army and

Navy, young Stratton took a military course at the tlniversity of Illinois and graduated with the rank of captain. Desiring to supplement his military education and

to be ready to perform some useful service should his country call, in 1895 he entered

the Illinois Naval Militia and served with distinction until 1901, first as ensign, then

as lieutenant (junior grade), lieutenant, and later as lieutenant commander. During

the war with Spain he saw service as a lieiitenant in the United States Navy from

May to November, 1898. From 1904 to 1912 he held the rank of commander, com- manding the District of Columbia's Naval Militia. Engrossed in the work which engaged his attention at the Universities of Illinois and Chicago, Samuel Wesley Stratton early recognized the urgent need of a national

bureau of standards to assist the United States in advancing commercially and industrially and in taking proper place in world commerce. Acting upon this thought, he

brought to the attention of the then Secretary of the Treasury, Lyman H. Gage, the

necessity for establishing such an institution. He was commissioned by Secretary

Gage to prepare a bill providing for a bureau of standards and to take neces- sary steps for its proper introduction into Congress. Due largely to his tmtiring

efforts. Congress enacted the measure on March 3, 1901. When Samuel Wesley Stratton was proffered the appointment as the first director

of the newly created National Bureau of Standards he felt it to be his imperative

duty to accept this position. With his superior knowledge, accustomed energy, and

ability in interesting others in the bureau he labored untiringly during his 22 years'

service as its director, with the supreme satisfaction of witnessing its phenomenal

growth from a small bureau employing a score, housed in temporary quarters near

the Capitol, to the present magnificent group of 14 permanent buildings with a staff of over 900 employees, an institution to-day considered the foremost bureau of its kind in the world. In recognition of the notable services which Samuel Wesley Stratton has contributed in the field of scientific research and in helping the United States and her allies to win the World War, institutions of learning—both at home and abroad—as well as foreign governments have conferred high honors upon him. The Government of France has made him a Chevalier of the Legion of Honor. He has received the

Elliot Cresson Medal of the Franklin Institute and the Welfare Medal of the National

Academy of Sciences. He has been a member of, and prominently identified with,

the following nationally and internationally known bodies; International Committee

on Weights and Measures; National Advisory Committee for Aeronautics; International Board on Ice Observation and Patrol; Standardization Committee, American

Section, International Chamber of Commerce; and numerous other boards and commissions for the promotion of science and industry. Honorary degrees have been

conferred upon him by three American universities and one English university. In addition to his bachelor of science, the University of Illinois, in 1903, conferred

the degree of doctor of engineering; the Western University of Pennsylvania, in 1903,

the doctor of science; the University of Cambridge, England, in 1909, the doctor of science; Yale University, in 1918, the doctor of science.

Whereas the weights and measures ofiRcials of the United States, representing the

cities, counties, and States, meeting in Sixteenth Annual Conference at Washington,

D. C., May 21, 22, 23, 24, 1923, are desirous of adding their humble tribute of pro- found respect and unbounded admiration for Samuel Wesley Stratton as a man, friend,

and counsellor: Therefore be it Resolved, That the National Annual Conference on Weights and Measures acknowledge with sincere appreciation the debt it owes to Samuel Wesley Stratton and the
138 U. S. BUREAU OF STANDARDS.

privilege that has been enjoyed in recei\ing his guidance in ite deliberations and

his ready sympathy and great aid ever unstintingly given; and be it further

Resolved, That on this 24th day of May, 1923, Samuel Wesley Stratton be elected

honorary president of the National Annual Conference on Weights and Measures with

a life tenure of office. Mr. Paul. Mr. Chairman, I hope to have a rising vote on the

adoption of the special resolution.

The Acting Chairman. The question is on the adoption of the

special resolution of the committee of which Mr. Holwell is chairman.

As many who are in favor of the motion manifest it by rising.

(The entire conference stood.)

It was unanimous.

Mr. Schwartz. Mr. Chairman, I would like at this time to introduce a resolution

:

Resolved, That the special committee on resolutions be appointed to present the

engrossed resolution to Samuel Wesley Stratton at a time and place he designates,

and that there be added to the presentation committee a representative of the manufacturers; and be it further

Resolved, That the conference, through its secretary, proceed with the work of engrossing the resolutions, and that the treasurer be authorized to execute a warrant in payment of same. (A motion was made and seconded that the resolution be adopted,

the question was taken, and the motion was agreed to.)

Mr. Maroney. Mr. Chairman, in conjunction with that idea, I move you, sir, that Mr. Moynihan be designated a member of the

Eresentation committee, and that the presiding officer cast the

allot of the conference.

(The presiding officer cast the ballot of the conference.)

The Acting Chairman. Gentlemen, listen to the statement of your

baUot. Daniel J. Moynihan has 1, and is elected a representative

on this committee.

Mr. Howe. Mr. Chairman, as a citizen of the District of Columbia,

I can not keep silent at this time, since I feel that something should

be said of what Doctor Stratton did for the city of Washington.

When he took command of the Naval Militia of the District of

Columbia, this organization met at a dilapidated wharf. In the short

time that he was commander he had a model dock erected ; also one

of the finest, if not the finest, armory for Naval Militia in the

United States.

RBPOKT OF COMMITTEE ON RESOLUTIONS, PRESENTED BY

I. L. MILLER, CHAIRMAN, AND DISCUSSION THEREON.

The first resolution is as follows

:

RESOLUTION OF APPRECIATION TO THE SECRETARY OF COMMERCE.

Whereas the Hon. Secretary of Commerce, Herbert Hoover, though busily engaged

in affairs concerning the national welfare, gave freely of his time in addressing this conference: Therefore be it Resolved, That the conference express its thanks and appreciation to Secretary

Hoover for his address, which contained so many constructive ideas and such timely

counsel on matters of vital interest to all weights and measures officials. (The resolution was duly adopted.)

Mr. Miller. The next resolution reads as follows:
SIXTEENTH ANNUAL CONFEKENCE ON WEIGHTS AND MEASURES. 139

RESOLUTION OF APPRECIATION TO THE DIRECTOR AND STAFF OF THE

BUREAU OF STANDARDS.

Whereas the marked success of this Sixteenth Annual Conference of Weights and

Measures has been due chiefiy to the thoughtful and untiring efforts of Director G. K.

Burgess and his assistants from the Bureau of Standards; and

Whereas the ofEcials of weights and measures here assembled have been so instructed

and encouraged that they can more effectively perform the duties required of them; and

Whereas each year's conference demonstrates more fully the value of the service,

instruction, and cooperation rendered by the Bureau of Standards to the weights and

measures officials: Therefore be it Resolved, That this conference express to Director Burgess and his assistants its sincere appreciation and thanks for their kind Ber\-iceB so generously given, for their

hospitality and pleasant entertainment.

(The resolution was duly adopted.)

Mr. Miller. The next resolution reads as follows:

RESOLUTION OF APPRECIATION TO W. A. DURGIN.

Whereas W. A. Durgin, chief of the division of simplified practice. Bureau of Standards, so ably presented to this conference the results of the acti^dties of the

division in securing the adoption of simplified methods and practices by manufactures with their resultant saving in labor and cost: Therefore be it Resolved, That the thanks of this conference be extended to W. A. Durgin for the

encouragement and inspiration which its members received from his excellent address.

(The resolution was duly adopted.)

Mr. Miller. The next resolution reads as follows:

RESOLUTION OF APPRECIATION TO EXHIBITORS OF APPARATUS.

Whereas manufacturers of weighing and measuring devices and dealers in equipment for weights and measures inspectors have incurred much expense and have given

freely of their time in transporting and arranging exhibits for inspection by the

members of the conference: Therefore be it Resolved, That this conference extend to these manufacturers and dealers, who have

exhibited and demonstrated their products, its appreciation and thanks for the spirit

of cooperation shown and the educational opportunities afforded- (The resolution was duly adopted)

Mr. Miller. The next resolution reads as follows:

RESOLUTION INDORSING HUNDREDWEIGHT STANDARD FOR DRY

COMMODITIES.

Whereas the existing bushel weights adopted in various States and used in the

buying and selling of grains, fruits, vegetables, and other dry commodities are

unscientific, lacking in uniformity, conducive to confusion, mistakes, and waste of time in the computation of v'alues; and

Whereas the use of the hundredweight basis wherever it has replaced the bushel

standard has resulted in a greater degree of accuracy, the elimination of fraudulent

possibilities, and a simplification and standardization of trade practices: Therefore be it Resolved, That the delegates to this conference do recommend and urge upon

Congress and the legislatures of the States the enactment of laws establishing the

hundredweight as the basis for buying and selling all such grains, fruits, vegetables,

and other commodities; and be it fuither

Resolved, That copies of this resolution be sent to the members of the Congressional

Weights and Measures Committees and to the governors of the various States. (The resolution was duly adopted.)
140 tr. S. BUREAU OF STANDABDS.

Mr. Miller. The next resolution reads as follows:

RESOLUTION IN REGARD TO LIQUID METERS.

Resolved, That the subject of meters for the measuring of gasoline and oil be made

a topic for papers and discussion at the next annual conference, with especial refer- ence to their use as a practical method for gauging vehicle tanks.

I move the adoption of the resolution.

Mr. Maroney. May I suggest that you add "taximeters" to that

resolution. This subject is one that is coming up frequently in the

larger places.

Mr. EgAN. Mr. Barron, of Minnesota, read a paper here on the

"Sale of service by weight and measure," and it seems to me that if we adopt an amendment of that kind, making the resolution apply

to tiiximeters, we will probably run into some legal tangle.

Mr. HoLBROoK. The paper which Mr. Barron read referred merely

to the attitude of the courts upon the wording of a specific law.

Tliere certainly is no principle of law which makes it illegal to

require service to be sold by weight or measure in any manner desired.

The question was as to whether the present law of the State of Minnesota included within its provisions that requirement, and the decision

was that it did not do so. Ml". McGrady. Pennsylvania's weights and measures inspectors

have no supervision of taximeters. In Pennsylvania that comes

under the public service commission.

The Acting Chairman. That is true in other States, and the

chair would suggest that the resolution be accepted as was written.

Mr. Maroney. Why should the chair make such a suggestion ? I have a particular reason to ask for that to be incorporated. This

is the school where we come for information. If I come here and

want to learn something about taximeters or any other mechanical

measuring device, I think I have a perfect right to request that such

a device be incorporated. The floor ought to decide it. Mr. Foster. I would like to say for the gentlemen present that in

the State of Massachusetts the taximeter comes under the sealer of

weights and measures. Mr. HoLWELL. Mr. Chairman, in the city of New York taximeters

come under the department of licenses, but I hold with Mr. Maroney

that this matter should be discussed. I think it would be a wonderful

help to the city of New York and other municipalities in the United

States if we could have some authoritative recommendation by a body of this kind.

Mr. RowE. Mr. Chairman, I would refer this to the resolutions

committee for further consideration.

The Acting Chairman. If there is no objection to the suggestion

made by Mr. Maroney, the word "taximeter" will be included in this

resolution.

Mr. Egan. Mr. Chairman, we appointed a committee on resolutions. The chairman brought them in and read them, and at the

last minute our friend, Mr. Maroney, attempts to incorporate something else that we have not had the time to consider.

The Acting Chairman. Therefore, you make an objection. If you

put it as an amendment, Mr. Maroney, we will vote on it. Mr. Maroney. Mr. Chairman, I move you, sir, that the addition

of the word "taximeter" be made to the resolution,
SIXTEENTH ANNUAL CONFERENCE ON WEIGHTS AND MEASURES. 141

Mr. Roberts. Mr. Chairman, I second the motion of Mr. Maroney.

I do not know whether the amendment should be made or not, but

I beheve that any member of this conference should have the right

to offer an amendment to any resolution that comes up; that he

should be able to have a vote on it. Mr. HoLBROoK. I think it might clarify the matter if it- were

stated that the amendment is intended to express it as the sense of

the conference that taximeters should be considered next year. This

can not be accomplished by the mere insertion of the word "taximeter," for in that case the resolution would state that taximeters be

considered with especial reference to their use as a practical method

for gauging vehicle tanks. If the amendment succeeds, the language

should be modified to express the desire that taximeters be considered also.

The Acting Chairman. I think, Mr. Holbrook, you have clarified

the situation. The question is upon the adoption of the amendment

offered by Mr. Maroney. Are you ready for the question ? (A vote was taken.)

The Acting Chairman. The inotion for the adoption of the amendment to the resolution is lost.

Mr. Maroney. Mr. Chairman, I question that vote.

The Acting Chairman. It seems to me that it is manifestly in the

negative. However, I will put it to a rising vote.

(A rising vote upon the question was taken, and the count developed that 16 voted in the affirmative while 19 voted in the negative.

Therefore the motion was lost.)

The Acting Chairman. The question is now upon the adoption of

the resolution introduced by the committee regarding liquid meters.

(The resolution was duly adopted.)

Mr. Miller. The next resolution reads as follows:

resolution indorsing abolition of dry MEASURES.

Resolved, That we, the delegates to the Sixteenth Annual Conference on Weights

and Measures, in convention assembled this 24th day of May, 1923, do hereby advocate the abolition of dry measures; and be it further

Resolved, That we recommend to the various State authorities the sale of dry commodities by weight, and urge that the necessary steps be taken to have all States

so amend their laws as to put the spirit of this resolution into legal force and effect. Mr. Miller. I wish to explain that this resolution was handed to

the committee signed by a number of the members of the conference.

Since the committee did not come to a unanimous agreement on

the resolution, it is submitted without recommendations.

Mr. Barron. Mr. Chairman, there is one point on which we are in

doubt; that is, whether all dry measures should be abolished. It is to be remembered that we have been trying to standardize apple

barrels and containers which are based on this same dry measure. That is what I have in mind on it. I will offer a motion that the

resolution be laid on the table.

Mr. Mathews. I think the intention of the resolution is to eliminate the bushel, peck, half-peck, and quart measm-es. If the wording could be changed to express this, it would be acceptable.

The Acting Chairman. It has been moved that the conference

lay the resolution on the table.
142 U. S. BUREAU OF STANDARDS.

(The motion was seconded, the question was taken, and the motion

was agreed to.)

Mr. Barron. I do not want the conference to be misunderstood

as indorsing dry measure. It seems to me that at some point it should appear as the consensus of opinion that since certain boxes

and barrels in the nature of original shipping containers are recognized by State laws, and since these were not properly segregated

from the measures used in retail sale by the wording of the resolution, the resolution was tabled. If another resolution to the effect

that dry measures, such as now being used for retail sale in various

ceded, it would indicate more clearly the sense of the conference.

Mr. Mathews. May I ask the committee on resolutions if the

resolution in relation to sales by the hundredweight, just adopted by

this conference, does not take care of that ? Mr. Miller. I have not had time to study the latter resolution.

It was my impression, however, that this latter resolution is covered

by the first resolution. While the first one eliminates the bushel

weight and not the bushel measure, nevertheless it does eliminate the

bushel measure by the recommendation for sale by IDO-pound units.

Mr. Barron. It has been our thought all along to sen everything

on a weight basis. However, it would be hard for us to pack barrels

of apples and always obtain a certain weight.

Mr. Miller. I make a suggestion that the resolution be referred

to Mr. Holbrook for suitable rewording, and that it be considered

later.

Mr. McGrady. If the resolution refers to retail sales, I am heartily

in conformity; I am not in sympathy with the Department of Agriculture's various sizes of berry baskets.

Mr. Miller. The next resolution reads as follows:

resolution indorsing 2,000-pound ton for all purposes.

Whereas much confusion exists among the \'arious States on account of lack of uniformity in the weight of the ton of coal, 27 States specifying the net ton of 2,000

pounds, 1 State pro-ading for the use of both the gross ton of 2,240 pounds and the net ton of 2,000 pounds, and 2 States and the District of Columbia, as well as the

United States Government in its purchases, requiring the gross ton of 2,240 pounds

exclusively, while 18 States do not define the number of pounds in a ton by law;

and

Whereas this lack of uniformity is not to the best interests of either the consumers

or the dealers in coal and should on this account be eliminated : Therefore be it Resolved, That we, the delegates to the Sixteenth Annual Conference on Weights

and Measures in convention assembled this 24th day of May, 1923, indorse all steps

leading to the adoption, by Congress and by the various States, of legislation establishing the single net ton of 2,000 pounds for all purposes. Mr. Miller. This resolution was handed to the committee. The

committee has not been unanimous in its report. Therefore, we

submit this resolution without recommendation.

Mr. Cluett. In urging the adoption of this resolution looking

toward the establishing of the single net ton of 2,000 pounds for all purposes, I do so with the sole desire of securing uniformity and

ending the confusion that exists among various States on accoimt of

the lack of uniformity in the weight of the ton for coal. As pointed

out in the resolution, 27 States specify the net ton of 2,000 pounds,

1 State provides for the use of both the gross ton of 2,240 pounds

and the net ton of 2,000 pounds, and 2 States and the District of Colplaces, t>e abolished resolution sue-
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 143

umbia, as well as the United States Government in its purchases,

require the gross ton of 2,240 pounds exclusively, while 18 States do

not define tne number of pounds by law. This is not to the feest

interest of either the consumers or dealers and should on this ac- count be ehminated.

This resolution is not offered for the purpose of assisting the coal

dealers to charge the purchasers for 2,240 pounds of coal when only

2,000 pounds are delivered, nor do I believe it will accomphsh anv

such thing. Competition between dealers will prohibit any such

cheating or profiteering, and the public press would not be slow to

caU attention to any such attempt.

One of the principal objects of these conferences is to secure uniformity in weights and measures and standard sizes. Secretary

Hoover in his address advocated uniformity and simplification of sizes

for containers for commodities and of articles of merchandise and

pointed out the loss and wastage from the multiplicity of various

sizes being used in trade. A "ton" is a size, and vfhen we have a gross

ton and a net ton, both of which are called a "ton," it is confusing

and lends itself to errors, misunderstandings, and unfairness where

comparisons are made of prices per ton between two States, one State

using the net ton of 2,000 ponnas and the other the gross ton of 2,240.

The 2,000-pound unit is a much easier and simpler unit to use in

computing the number of tons purchased or sold than the 2,240-

gound unit, with its odd 560 and 1,120 pounds for the quarter and

alf ton subdivisions. It is much easier for weighers and clerks to

make mistakes in weighing and figuring. Standardizing the net ton

of 2,000 pounds as the standard weight whenever the term " ton" is used would not prohibit or prevent any dealer from selling or consumer

from purchasing 2,240 pounds in weight if they so desired as long as

it was not called a ton. The law provides that 16 ounces avoirdupois

shall constitute a pound, but this does not prohibit anyone from buying or selling 12 ounces of a commodity as long as it is not called a pound.

The theory for employing the gross ton in the sale of coal is that

the extra 240 pounds is required to allow for the slate and impurities

mined with the coal, and this amount will have a net ton of 2,000

pounds of coal; but a higher price is charged for 2,240 pounds than

would be charged for 2,000 pounds. Price takes care of the difference

in weight.

I can not see one thing in favor of the long ton except reverence

for its antiquity. It was brought over from England in the Mayjiower

and, like many other things aboard that ship, needs revising and

bringing up to date. I have heard that recently one of the British

colonies, either Australia or New South Wales, has discarded the long

ton and adopted the net in its stead.

I would like to point out a couple of inconsistencies where both

the gross and net tons are used. In the State of Pennsylvania the

law provides that the long ton of 2,240 pounds for anthracite and

the net ton of 2,000 pounds for bituminous coal shall be used. Surely

bituminous coal contains impurities as well as anthracite. In the

District of Columbia all coal shall be sold by the gross ton of 2,240

pounds, but for coke the net ton of 2,000 pounds is considered to be

enough. Why the distinction? It would seem just as reasonable
144 tr. S. BUKEAU OF STANDABDS.

for the law to provide that in the sale of butter 16 ounces avoirdupois shall constitute 1 pound, but for butterine or butter substitutes

12 ounces shall constitute the pound.

I do not hold a brief for coal barons or dealers of any kind, nor

do I consider them or any other class of dealers crooks or having

ulterior motives when they advocate the establishing of a single uniform standard of 2,000 pounds per ton. I welcome their support

and cooperation in any measure that tends toward the pubhc good,

and in this connection I wish to read a few telegrams from coal asso- ciations and coal dealers advocating and indorsing the adoption of

the single net ton of 2,000 pounds for all purposes; also, a letter from

U. S. Coal Commission, called the fact-finding commission, which

says the commission has taken up the matter informally and imanimously favors the universal adoption of the 2,000-poimd ton for coal,

and intends in the report to Congress and to the rresident to recommend that, so far as interstate commerce is concerned. Congress

should legislate in favor of the 2,000-pound ton.

The question has been asked, Why do we not adopt the gross ton

for the standard ? and my answer to that is that the figure 2,240 is harder to use in figuring than 2,000; that it lends itself more readily

to errors and mistakes ; and that it does not fit in with our hundredweight system. Furthermore, as 27 States out of 30 that define the

weight of a ton specify 2,000 pounds as the standard, we prefer to

adopt it and have the dog wag the tail instead of the tail wag the dog.

(Mr. Cluett then read abstracts from telegrams and letters received

by him in support of the 2,000-pound ton.)

Mr. RoBEKTS. Mr. Cluett, may I ask you one question ? Have you

received any telegrams from consumers of coal in favor of this proposition.

Mr. Cluett. No; I have not.

Mr. Roberts. I merely asked the question for information.

Mr. McGeady. Mr. Chairman, it gives me great pleasure to second

this motion. There are no inspectors who have as much trouble as the inspectors of weights and measures for Pennsylvania with the

long ton for anthracite and the short ton for bituminous coal. Quite

a few of the retailers, through ignorance, not through intent to defraud

the consumer, substitute the short for the long ton. We have a bill introduced in the present house, which was going along nicely when

I left Harrisburg, making a uniform ton of 2,000 pounds for all coal

in Pennsylvania.

Not long ago in the city of York there was a man arrested for selling

short-weight coal. This delivery weighed 2,040 pounds, and he was

honest in his belief that he was giving 40 pounds of coal overweight

instead of giving 200 pounds underweight. But he should have

employed the long ton instead of the short ton and this was actually

short; and it cost him $100 for an attorney before he was through

with it. So I am heartily in favor of this resolution.

Mr. Paul. We want a standard. When we come to bread we fix

standard-size loaves; and when we come to coal we want a standard,

too.

Mr. Roberts asked a question of Mr. Cluett in regard to support

from consumers for this resolution. I can say consumers do support

one standard ton. For instance, our chamber of commerce consists

of 1,500 or more members. Not more than five coal dealers belong
SIXTEENTH ANNUAL CONFEEENCE ON WEIGHTS AND MEASURES. 145

to that body, but its entire membership does use coal; they must

have lots of steam. After you pick out the five coal dealers you have

1,495 users of coal, and they send me a telegram:

Richmond Chamber of CommerceThe Richmond Chamber of Commerce will appreciate your influence in support

of having legislation enacted requiring 2,000 pounds of coal as a standard for a ton. W. T. Dabnet, Business Manager.

That is what Richmond wants. Why do some of these other fel- lows not want it ? The Eichmond folk are not coal dealers, but they

are coal users. We have a dollar that is a standard, and we should

have a standard for coal. I hope this conference will go on record

at this time as in favor of the resolution,

Mr, Roberts, You spoke of a standard for the dollar. Are you

in favor of reducing the standard of the dollar ? Mr. Paul. Well, the purchasing power is reduced already. When

a man says he wants 2,000 pounds of coal he should get it. Mr. Roberts. And if he wants 2,240 pounds of coal he should get it. Mr. MoGrady. I would hke to compliment Mr. Paul, from Richmond, Va., upon his answer to Mr. Roberts. He answered him in

the name of 1 ,495 members of the chamber of commerce,

Mr. Chambers, I am from a coal section. Our State, West Virginia,

had adopted the 2,000-pound ton. That is what we are using, and

we have abohshed all scales having a 2,240-pound beam. We allow

nothing but a 2,000-pound ton. The producer gets paid only for

2,000 pounds per ton of coal as it comes from the mme, and it is delivered to the dealer as 2,000 pounds, and that is all he is charged

for. Then, why should I go to the dealers and demand 2,240 pounds

per ton ? Mr. Schwartz. How are the miners paid ? Mr. Chambers. They are paid on a scale basis of 2,000 pounds a ton.

Mr. Roberts. When you refer to miners, you mean the miners

who dig the coal are paid on a basis of 2,000 pounds in West Virginia.

Do you know how they are paid in Pennsylvania 1 Mr. Chambers. I do not know anything about Pennsylvania.

Mr. Roberts. I think it was stated here last year that they are paid on the basis of 2,240 pounds to the ton. If the selling weight

of the ton is reduced, I wonder whether the miner will be paid on the

basis of 2,000 pounds or whether they will continue to be paid on the

basis of 2,240 pounds per ton. I discussed this question briefly last

year before the conference, and it is not necessary to discuss it further.

My reason for opposing it is substantially as I stated last year. There

is one matter, however, to which I want to call the attention of this

conference. This resolution was introduced at the request of the

retail coal dealers. I appreciate Mr. Cluett's position in introducing

it and I appreciate his reason for it. He was asked to do it by the

people from his own city.

One gentleman last year said, " Your committee took into consideration only the telegram which was read here from the National Retail

Coal Merchant's Association. * * *."

Now, I respectfully submit to this conference that while the request

of the dealers should be considered, of course, it is not the only thing

that should be considered. That is the reason I asked Mr, Cluett if 76317—24 10
146 U. S. BUREAU OF STANDABDS.

he had any telegrams from the consumer; and I ask the gentleman

from Virginia if he has received any telegrams from Richmond signed

by the laooring men, who must buy coal, as well as the members of

the chamber of commerce.

Mr. Paul. Mr. Chairman, I am a poor laboring man. I am a sealer

of weights and measures, but for over 40 years and to this day I am

a member of a labor organization, and if you want to know if the

labor people want it ask them. I stand for what I think is right,

whether for the laboring man or for the business man.

Mr. Roberts. I am opposed to this resolution for this reason:

People in the District of Columbia have been accustomed for 100

years to buy coal at 2,240 pounds a ton. The people of the District

of Columbia do not want this changed. When they buy a ton of coal

it means 2,240 pounds to them. Two thousand pounds may mean a ton in other States, but it will be a long time before it is understood

here.

Mr. Goodwin, The working people constitute the large majority in

this country, and I have received three telegrams from my people,

although we already have a law in Rhode Island designating that

2,000 pounds shall be a lawful ton of coal.

(The question was taken.)

The Acting Chaikman. The vote is almost unanimous, only two

members voting "No." The resolution is adopted.

Mr. Howell. I would like to offer the following resolution.

RESOLUTION IN REGARD TO TAXIMETERS.

Resolved, That it is the sense of this conference that taximeters be investigated and

the subject be considered at the next conference.

(The motion was seconded, the question was taken, and the motion

was agreed to.)

Mr. Miller. The following is the redraft of the resolution concerning the abolishment of the dry measure:

amended RESOLUTION INDORSING ABOLITION OF DRY MEASURES.

Resolved, That we, the delegates to the Sixteenth Annual Conference on Weights

and Measures in convention assembled this 24th day of May, 1923, do hereby advocate the abolition of dry measures except in so far as tliey may have been recognized

in the establishment of certain shipping containers now legalized by Federal law, or in some jurisdictions by State law; and be it further

Resolved, That we recommend to the various State authorities the sale of dry commodities by weight, in so far as this is practicable under the terms of the preceding

paragraph, and urge that the necessary steps be taken to have all States so amend

their laws as to put the spirit of this resolution into legal force and effect.

I move the adoption of this resolution.

(The motion was seconded.)

Mr. Foster. Mr. Chairman, I would like to call the attention of

delegates to the condition in Massachusetts. During the fuel trouble

this last winter the legislature saw fit to extend the scope of selling

coal by the bushel, it being a much fairer way of distributing it,

owing to the fact that coal absorbs a great amount of moisture if ex- posed, as to storms in transit. The law now permits the sale of coal

either by bushel or by weight; also, at the present time oysters and

clams are sold by the bushel. I do not think at this time it is quite

right to abolish the bushel entirely.
SIXTEENTH ANNUAL CONEEEENCE ON WEIGHTS AND MEASURES. 147

Mr. Mathews. I think those articles can be sold by weight. Coal

is put up in bags. Oysters and clams could be sold just as well by

weight. I do not see any real objection to eliminating the dry

measure. The Acting Chairman. The question is upon the adoption of the

resolution.

(The resolution was duly adopted.)

Mr. Schwartz. Mr. Chairman, I move you, sir, that the conference

extend its thanks to Mr. Knauss, the efBcient stenographer, and also

to Miss O'Donnell, who has helped with the registration. I understand that Mr. Knauss is a smoker, and I move that we give him a box of good cigars; and for the lady, a nice box of candy.

(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 annual report as treasurer for the

year ending May 19, 1923:

Balance on hand last report $134. 25

Received from fees of delegates 102. 00

Total receipts 236. 25

Disbursements:

May 24, 1922, to Doing Press for printing delegate, guest, and din- ner tickets $10. 50

May 24, 1922, to Pathe Exchange, for use of film at dinner 7. 50

May 24, 1922, to Ralph W. Smith for dinner tickets for guests, and

cigars 14. 50

May 24, 1922, to Ralph W. Smith for use of picture machine and

operator 15.00

August 8, 1922, Gude Bros. Co., for flowers for memorial to Mr.

L. A. Fischer 20. 00

67. 60

Balance on hand May 19, 1923 168. 75

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.)

FLOWERS IN MEMORY OF LOUIS A. FISCHER.

Mr. Howe. Mr. Chairman, I move you, sir, that a committee be

appointed to place a suitable floral tribute on the grave of Major

Fischer on Memorial Day.

Mr. HoLBROOK. I second the motion.

(The question was taken, and the motion was agreed to.)

Mr. Maroney. May I suggest that Mr. Holbrook be designated to see that it is done.
148 U. S. BUEEAU or STAOT)AilDS.

Mr. ScHWABTZ. It seems to me that we have overlooked this young

man, Mr. Holbrook's secretary, and I move you, sir, that we give

him a $5 bill. (The motion was seconded, the question was taken, and the motion

was agreed to.)

(At this point a motion to adjourn was made and seconded, the

question was taken, and the motion was agreed to.)

(Thereupon, at 12.40 o'clock p. m., a recess was takenuntil 1 .30 p.m.)
EIGHTH SESSION (AFTERNOON OF THURSDAY, MAY 24, 1923).

The conference reassembled at 1.55 o'clock p. m., William B. McGrady, second vice president, presiding.

Mr. Webster. Mr. Chairman, I have a resolution that I would like

to present to the conference at this time, if you have no objection.

RESOLUTION IN RELATION TO STANDARDS OF QUALITY FOR COAL.

Whereas the American people are vitally concerned with existing conditions in the

eaJe of coal and the prohlems connected therewith, notably: (a) lack of definite

specifications as to quality, (b) unknown heat values of the various varieties, (c) effect upon same when sheltered or exposed: Therefore be it Resolved, That it is the sense of this conference of the weights and measures ofEcials

of the United States, whose duties place them in intimate contact with the situation,

that suitable action be taken by Congress to the end that an adequate legislative

remedy be afforded the people of this nation by fixing the proper standards; and be

it further

Resolved, That this conference recommends that the several States adopt as their

standards those fixed by Congress or its authorized agencies.

I move the adoption of this resolution.

(The motion was seconded, the question was taken, and the motion

was agreed to.)

REPORT OF COMMITTEE ON NOMINATIONS, PRESENTED BY

WILLIAM F. CLUETT, AND ELECTION OF OFFICERS.

Mr. Chairman and delegates, your committee on nominations respectfully submits to this conference the names of the following members

to act as officers of the conference and members of the executive committee for the ensuing year:

President, George K. Burgess; first vice president, William B. McGrady; second vice president, I. L. Miller; secretary, F. S. Holbrook;

treasurer, J. Harry Foley; Members of the Executive Committee, all

of the officers ex officio, K. F. Barron, S. C. Dinsmore, W. F. Cluett,

A. H. Gibert, jr., H. N. Davis, T. F. Egan, C. M. Fuller, W. F.

Goodwin, L. P. Strong, Charles A. Lutz, J. J. Holwell, A. W. Schwartz,

Francis Meredith, H. A. Webster, Fred Benjamin, Lawrence Paul,

G. M. Roberts, W. F. Steinel, George Warner, and W. A. Payne.

(Signed) W. F. Cluett,

A. W. Schwartz,

George Warner,

T. F. Egan,

W. A. Payne,

Committee on Nominations.

The Acting Chairman. What action will you take in regard to

the report of the 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 ofiicers and members of the executive committee, as nominated

by the committee on nominations, and they were declared duly

elected.)

149
150 U. S. BUREAU OF STANDARDS.

SUGGESTIONS CONCERNING PROGRAM OF SEVENTEENTH

ANNUAL CONFERENCE.

Mr. Stkobrtdge. Mr. Chairman, I think one of the most important

subjects which should come before us at the next annual conference

is the general question of standardization of packages. We have

all bumped up against the old story of about 40 different sizes

of packages of the same commodity, put up purely and simply to

deceive the people. I can illustrate very nicely by salad oil, which

is put up in 4, 5, 6, 7, 8, 10, 12, 26, and 32 ounce bottles. A person

asks for a half-pint of oil and may get a bottle marked 7 ounces.

I think we shomd look into this question. I therefore move that a survey of this matter be made, and that it be discussed at the next

conference, and move that a committee of five be appointed to investigate and report to the next annual conference upon the standardization of such commodities put up in package form as seem to be

susceptible of ready standardization.

(The motion was seconded, the question was taken, and the motion

was agreed to.)

The Acting Chairman. The chair will appoint the following committee to consider this question: Mr. Holbrook, of the bureau; Mr.

Smith, of the bureau; Mr, Strobridge, of California; Mr. Cluett, of

Chicago; and Mr. Holwell, of New York City.

Mr. Barron. I desire to make a suggestion which refers not so much to the program as to the hour of holding the sessions. It has

been suggested as a possibility that we change the hours of the meeting from the present method of two sessions daily to one session

daily, running to 1.30 or 2 o'clock, and thus leave more of the afternoon free for the delegates to see the city. I mention it because it has been talked about considerably.

Mr. Mo Grady. I think it would be a very good suggestion. I have attended some conferences that met daily from 9 until 1. We

had just the one session and a very good one, and interest kept up

until the last number on the program. We did not lose any attendance during the one session, and it left the afternoon free to permit

the delegates to visit.

The Acting Chairman. Personally, I think it would be a very

good suggestion. You might put that in the form of a motion, so that

this conference can go on record.

Mr. Barron. My idea was to have some consideration before we

take the matter too far. It occurs to me that the manufacturers

come here with exhibits, and it might hurt that feature of the confer- ence to have onty one session.

Mr. Maroney. May I ask how the bureau officials would feel about

that 1 They must be given some consideration.

Dr. Burgess. I would say with regard to the bureau that we

have no preference one way or the other. I think it is quite possible

that the manufacturers' exhibits might be made available during some

part of an afternoon. That one feature could be put on some

afternoon, if it suited the pleasure of most of you.

Mr. Maroney. I think we should work in cooperation with the

manufacturers and their representatives. I think it would be a good

idea to give any manufacturer who has the time an opportunity to

dissect his apparatus on the table before the presiding officer. It would give us the practical instead of the theoretical side of it.
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 151

Mr. Foster. Mr. Chairman, I move that the matter be referred to

the executive committee to handle. They could handle it satisfactorily for all, since they know the sentiment of the conference,

Mr. HoLBROOK. Mr. Chairman, of course, as Doctor Burgess says,

it is entirely immaterial to the Bureau of Standards and entirely at

your own pleasure how long you hold your sessions. We have been

accustomed to make four full days of it for two reasons: First, if we

did not have the sessions proceed all day long we clearly might look

for some adverse action by some of the governors of the States.

With but one session daily they might think that the conference was

something of a junket—merely an excuse to come to Washington

and that the real purpose was to get down to see the city and have

a good time. If it is the consensus of opinion of the executive committee that it will not so appear, why morning sessions with afternoon

recesses might be a good idea.

Another thing is in regard to the program. A year or two ago the

suggestion was made—it v/as voted down, but it had some backing

that we hold the conference for five days instead of four. It was

thought at that time that a. five-day conference would be all right,

provided at some time we demonstrated the ability to hold the delegates here through all four days. It was in the mind of the executive

committee to give more attention to the putting on of a fuller program

this last day, a program with lots of interesting features, to see if we

could hold our delegates through the afternoon session. This small

attendance at this session seems to indicate that we can not do it. We have had, as you know, a very much larger attendance on the

three other afternoons. I think next year it would be veiy advisable,

in view of our failure to hold our delegates, to have nothing more

than the morning session on the last day, so that the business of

the last day would not be handled by a mere handful; but, as I have

said, it is entirely up to you. The suggestion made that it be

referred to the executive committee is, I think, a good one, because

that committee has enough members to be fully representative of the

conference.

(The question was taken, and the motion was agreed to.)

TENTATIVE ADOPTION OF REPORT OF COMMITTEE ON SPECIFICATIONS AND TOLERANCES ON SPECIFICATIONS AND TOLERANCES

FOR VEHICLE TANKS.

The Acting Chairman. The next number on the program is that

of unfinished business.

Mr. HoLBRooK. Mr. Chairman, I would make a suggestion concerning the report of the committee on specifications and tolerances

on specifications and tolerances for vehicle tanks. The committee

recommended that the specifications and tolerances submitted be

adopted tentatively only. While we would not care to proceed with

the number now present on the final adoption of specifications and

tolerances, it does seem to me that this report can be tentatively

adopted without any impropriety. We can put it out and ask for comments and criticisms, so that next year when we come in session here

we can adopt something finally that will represent the best thought on

the subject that can be procured. This might be done at this time,
152 U. S. BUREAU OF STANDAJR.DS.

in view of the fact that you have had copies of this material in your

hands for the last three days and are familiar with the recommendations.

Mr. Maroney. I move you, sir, Mr. Chairman, that the report of

the committee on specifications and tolerances on specifications and

tolerances for vehicle tanks be tentatively adopted.

(The motion was seconded, the question was taken, and the motion

was agreed to.)

INSTALLATION OF NEW PRESIDENT.

The Acting Chairman. I will appoint Mr. Cluett, of Chicago, and

Mr. Maroney, of Connecticut, to escort the new president to the chair.

(Doctor Burgess was escorted to the platform and took the chair as presiding ofiicer.)

Dr. Burgess. Gentlemen, I certainly appreciate most heartily this

honor whicli has been conferred upon me. I do not consider it primarily a question of honor to me, personall}'', but rather a recognition

of the leading position of the Bureau of Standards in your work.

I can say most emphatically that it will be my most earnest endeavor

to further and extend our activities in all fields pertinent to the work

of the conference, and I know I can count on the support of all the

State, county, municipal, and other delegates, and also the manufacturers interested in the subject. I hope that any of you who have

any problems that should properly come before the conference in our annual meetings will take it upon yourselves to bring them either

to the attention of the bureau or of the members of the executive

committee, so that they may find their place adequately and

promptly on the program.

I am sorry that I have not been able to attend all the sessions of

the present conference, but it just happens that at this time the

bureau had a very considerable number of administrative matters of

the greatest urgency that had to be handled immediately. This is a condition that will not happen frequently, and if I am here I expect

to be able to preside my proper proportion of the time in the forthcoming conference. I want to thank you again for the honor you

have conferred upon me.

BEPOKT OF COMMITTEE ON TESTIMONIAL TO BETIBING

PRESIDENT.

Mr. Barron. Your committee appointed to take up the matter of

securing a testimonial for our retiring presiding officer has received

many suggestions. The one that has appealed the most to your

committee is that we procure a medallion properly engraved or marked to express our appreciation of his activities. The cost of

this can be prorated among the members desiring to contribute. I will be very glad to have any further expressions of opinion, or to

have an expression of approval from the delegates if this idea is agreeable to them.

The Chairman. I take it this is a motion that a medallion be prepared.

Mr. Barron. I will make it in the form of a motion.
SIXTEENTH ANNUAL, CONFERENCE ON WEIGHTS AND MEASURES. 153

Mr. Goodwin. Mr. President, may I ask what form the medallion

will be ki and what markings will be on it, if any, to radicate from

whom it came ? Mr. Barron. It is to be suitably inscribed. We did not have an

opportunity to go any further than that. We will cooperate with

Mr. Holbrook and Mr. Smith here in Washington, and they think

they will be able to take care of that part of it. It will be made and

wiU be ready for presentation at the next conference, unless it is the

wish of delegates that the presentation be made sooner than that.

I think we can succeed in having Doctor Stratton here for part of

the conference. It was itnpossible, of course, for the committee to

make any arrangements to present it at the present meeting, and we

thought that the opening day next year would be probably a very

good time.

Mr. Maroney. Mr. Chairman, I move you, sir, that the committee

as aforesaid, together with Mr. Holbrook and Mr. Smith, be authorized to go ahead with the medallion suggested by Mr. Barron, and

that the expenses will be assumed by the delegates attending the

conference next year.

(The motion was seconded.)

The Chairman. It gives me very great pleasure to put this motion,

because I think one of the things closest to Doctor Stratton's heart

is this annual conference on weights and measures, and I know he

wiU feel the incentive and use every opportunity to be present.

(The question was taken, and the motion was agreed to.)

(It was moved and seconded at this point that the conference

adjourn. The question was taken, and the motion was agreed to.)

(Thereupon, at 2.40 o'clock p. m., the Sixteenth Annual Conference

on Weights and Measures of the United States adjourned sine die.)

o

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