U. S. DEPARTMENT OF COMMERCE

r> BUREAU OF STANDARDS

REPORT OF THE

TWENTY-SECOND NATIONAL CONFERENCE

WEIGHTS AND MEASURES

attended by representatives

from various states held at the bureau of standards

washington, d. c, june 4, 5, 6, and 7, 1929

MISCELLANEOUS PUBLICATIONS, BUREAU OF STANDARDS, No. 101

U. S. DEPARTMENT OF COMMERCE

R. P. LAMONT. Secretary BUREAU OF STANDARDS

GEORGE K. BURGESS. Director

MISCELLANEOUS PUBLICATIONS—No. 101

REPORT OF THE

TWENTY-SECOND NATIONAL CONFERENCE

ON

WEIGHTS AND MEASURES

ATTENDED BY REPRESENTATIVES FROM VARIOUS STATES HELD AT THE BUREAU OF STANDARDS

WASHINGTON, D. C, JUNE 4, 5, 6, and 7, 1929

UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1929

For sale by the Superintendent of Documents, Washington, D, C. Price 30 cents

OFFICERS AND COMMITTEES

OFFICERS

Honorary president, Samuel W. Stratton, president, Massachusetts Institute of Technology, Cambridge, Mass., and former Director of the Bureau of Standards, Washington, D. C. (Serving during twenty-second national conference)

President, George K. Burgess, Director, Bureau of Standards, Washington, D. C. First vice president, H. L. Flurry, chief, State division of weights and measures, Montgomery, Ala. Second vice president, Francis Meredith, director, State division of standards, Boston, Mass.

Secretary, F. S. Holbrook, Bureau of Standards, Washington, D. C. Treasurer, George F. Austin, sealer of weights and measures, Detroit, Mich.

(As elected by twenty-second national conference for the ensuing year)

President, George K. Burgess, Director, Bureau of Standards, Washington, D. C. First vice president. Francis Meredith, director, State division of standards, Boston, Mass. Second vice president, Howard S. Jarrett, State commissioner of weights and

measures, Charleston, W. Va.

Secretary, F. S. Holbrook, Bureau of Standards, Washington, D. C. Treasurer, George F. Austin, sealer of weights and measures, Detroit, Mich.

COMMITTEES

EXECUTIVE COMMITTEE

(As elected by twenty-second national conference)

George K. Burgess

] Francis Meredith

Howard S. Jarrett > Ex officio. F. S. Holbrook I George F. Austin J M. A. Bridge, sealer of weights and measures, Columbus, Ohio. William F. Cluett, chief deputy inspector of weights and measures, Chicago, 111. H. N. Davis, deputy State commissioner of weights and measures, Montpelier, Vt.

C. V. Fickett, sealer of weights and measures, Portland, Me. Thomas Flaherty, city and county sealer of weights and measures, San

Francisco, Calif.

J. Harry Foley, State superintendent of weights and measures, Trenton, N. J. William Foster, sealer of weights and measures, Springfield, Mass.

S. T. Griffith, chief, division of weights and measures, Baltimore, Mel. William A. Graham, State commissioner of agriculture, Raleigh, N. C. Tom F. Mahoney, sealer of weights and measures, Chattanooga, Tenn. Edward J. Maroney, sealer of weights and measures, New Haven, Conn.

I. L. Miller, State commissioner of weights and measures, Indianapolis, Ind. William A. Payne, sealer of weights and measures of Monroe County, Rochester, N. Y. B. W. Ragland, chief, bureau of weights and measures, Richmond, Va. George M. Roberts, superintendent of weights, measures, and markets, Washington, D. C. Albert B. Smith, director, State bureau of standard weights and measures,

Harrisburg, Pa.

Wtt.lt

a

m F. Steinel, sealer of weights and measures, Milwaukee, Wis.

Harold A. Webster, State commissioner of weights and measures, Concord,

N. H.

S. H. Wilson, State oil chemist, Atlanta, Ga. m
IV OFFICERS AND COMMITTEES

COMMITTEE 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, Chicago,

111. Charles M. Fuller, city and county sealer of weights and measures, Los

Angeles, Calif. A. W. Schwartz, assistant State superintendent of weights and measures,

Elizabeth, N. J.

I. L. Miller, State commissioner of weights and measures, Indianapolis, Ind. SPECIAL COMMITTEE ON UNIFORMITY IN WEIGHTS AND MEASURES

REQUIREMENTS

J. H. Meek, director, State division of markets, Richmond, Va.

V. A. Bradley, State superintendent of weights and measures, Nashville, Tenn. William F. Cluett, chief deputy inspector of weights and measures, Chicago.

111. Seymour Jones, State market agent, Salem, Oreg.

William A. Payne, sealer of weights and measures of Monroe County, Rochester, N. Y. Philip T. Pilon, deputy State superintendent of weights and measures, Hartford, Conn. Albert B. Smith, director, State bureau of standard weights and measures,

Harrisburg, Pa. ACTING COMMITTEES FOR THE TWENTY-SECOND NATIONAL CONFERENCE

Committee on Resolutions.—P. D. Dukesherer, V. A. Bradley, S. B. Shaw,

H. A. Webster, W. H. Green, Richard Harding, W. F. Steinel. Committee on Nominations.—W. F. Cluett, J. H. Foley, H. S. Jarrett, I. L. Miller, G. B. Nebinger.OFFICIAL STENOGRAPHER

Norman L. Knauss, Bureau of Standards, Washington, D. C.
LIST OF PERSONS ATTENDING THE CONFERENCE

DELEGATES—STATE, COUNTY, AND CITY OFFICIALS

ALABAMA

City: Birmingham R. C. Sharp, inspector of weights and measures, 200

City Hall. CALIFORNIA

City and county: Los Angeles Charles M. Fuller, sealer of weights and measures, 230 Court Street, Los Angeles.

Joseph F. Parrish, deputy sealer of weights and

measures, 230 Court Street, Los Angeles.

San Francisco Thomas Flaherty, sealer of weights and measures, room 6, City Hall, San Francisco. CONNECTICUT

State Philip T. Pilon, deputy superintendent of weights

and measures, 100 Washington Street, Hartford.

City:

Hartford Louis Elsner, sealer of weights and measures, 550

Main Street. New Haven Edward J. Maroney, sealer of weights and measures, City Hall. County:

Fairfield William H. Brown, sealer of weights and measures,

* County Courthouse, Bridgeport.

Hartford M. C. Griffin, sealer of weights and measures, 225 Trumbull Street, Hartford. Middlesex G. Ernest Hubbard, sealer of weights and measures, county commissioners' office, Middletown.

New Haven William P. Tyler, sealer of weights and measures, County Courthouse, New Haven. DELAWARE

County

:

New Castle Harry F. Newlin, regulator of weights and measures, Wilmington.

Sussex Dallas M. Rogers, regulator of weights and measures, Georgetown.

DISTRICT OF COLUMBIA

District George M. Roberts, superintendent of weights, measures, and markets, District Building, Washington.

George A. Howe, inspector of weights, measures, and markets, District Building, Washington.

FLORIDA

City: Miami W. H. Green, superintendent, division of weights

and measures, 808 Courthouse. GEORGIA

State S. H. Wilson, State oil chemist, room 37, State

Capitol, Atlanta. v
VI LIST OF PERSONS ATTENDING THE CONFERENCE

ILLINOIS

City: Chicago William F. Cluett, chief deputy inspector of weights and measures, room 608, City Hall. INDIANA

State I. L. Miller, commissioner of weights and measures, 201 Statehouse Annex, Indianapolis.

City:Fort Wayne C. B. Tolan, inspector of weights and measures, City HaU.

Indianapolis Grover C. Parr, inspector of weights and measures, City Hall. KENTUCKY

City: Louisville Samuel F. Fox, chief inspector of weights and

measures, City Hall. MAINE

State John H. Austin, deputy sealer of weights and

measures, Augusta.

City:

Portland C. V. Fickett, sealer of weights and measures, City Building. Waterville William A. Jones, sealer of weights and measures. MARYLAND

State. F. B. Bomberger, chief, department of markets,

College Park.

S. B. Shaw, chief inspector, department of markets, College Park.

City: Baltimore S. T. Griffith, chief, division of weights and

measures, 1106 Municipal Building.

Charles G. Crockett, inspector of weights and

measures, 1106 Municipal Building.

Thomas J. Napfel, inspector of weights and measures, 1106 Municipal Building.

County: Washington D. Frank Miller, inspector of weights and measures, Boonsboro.

MASSACHUSETTS

State Francis Meredith, director of standards, room

194, Statehouse, Boston. Adelbert L. Jones, inspector of standards, room

194, Statehouse, Boston. John P. McBride, inspector of standards, room

194, Statehouse, Boston.

City:

Arlington Allan E. Cowie, sealer of weights and measures. Beverly Robert J. Rafferty, sealer of weights and measures. Boston James A. Sweeney, sealer of weights and measures, City Hall Annex. Cambridge Felix C. McBride, sealer of weights and measures, City Building. Brattle Square.

Chicopee James A. Bagley, sealer of weights and measures. Feeding Hills Edwin U. Leonard, sealer of weights and measures.

Haverhill John R. Booth, sealer of weights and measures. Medford John J. Carew, sealer of weights and measures.

Springfield William Foster, sealer of weights and measures, room 9, Administration Building.

Waltham Fred M. Haggarty, sealer of weights and measures, City Hall. West Newton Andrew Prior, sealer of weights and measures,

Citv Hall.
LIST OF PERSONS ATTENDING THE CONFEKENCE

MICHIGAN

State P. D. Dukesherer, director, bureau of foods and

standards, Lansing.

L. P. Strong, chief, division of weights and measures, Lansing.

City:

Dearborn Charles Weimer, sealer of weights and measures.

Detroit George F. Austin, sealer of weights and measures, 1300 Beaubien Street. George F. Austin, Jr., assistant supervisor, bu- reau of weights and measures, 1300 Beaubien

Street. William B. Heaslip, investigator, bureau of weights and measures, 1300 Beaubien Street. Flint Henry Ecarius, sealer of weights and measures. Hamtramck Frank Stawski, sealer of weights and measures, 2963 Dan Avenue.

Lansing J. J. Cook, sealer of weights and measures. City and County: Saginaw. George W. Mahn, sealer of weights and measures,

City Hall. MINNESOTA

State D. F. Jurgensen, chief engineer, Railroad and

Warehouse Commission, 20 New Capitol Building, St. Paul. NEW HAMPSHIRE

State H. A. Webster, commissioner of weights and

measures, Statehouse, Concord.

E. P. Jones, inspector of weights and measures,

Chester. NEW JERSEY

State J. Harry Foley, superintendent of weights and

measures, Trenton. Elliott B. Holton, assistant superintendent of weights and measures, Trenton. Harry S. Provost, assistant superintendent of weights and measures, Trenton. Joseph G. Rogers, assistant superintendent of weights and measures, Trenton.

A. W. Schwartz, assistant superintendent of weights and measures, Elizabeth. City:

Bayonne Walter J. Flynn, superintendent of weights and

measures, Municipal Building.

Clifton Garret N. DeVries, superintendent of weights

and measures.

Elizabeth William J. Bender, superintendent of weights and

measures, Harmonia Building.

Englewood James E. Fitzgerald, superintendent of weights

and measures, City Hall. Jersey City John S. Burke, superintendent of weights and

measures, City Hall. Kearny John D. Castles, superintendent of weights and

measures, Town Hall. Newark Patrick J. Caufield, superintendent of weights

and measures, City Hall. Trenton Francis J. Black, superintendent of weights and

measures, City Hall.
VIII LIST OF PERSONS ATTENDING THE CONFERENCE

County:

Cape May Gilbert S. Smith, superintendent of weights and

measures, Avalon.

Gloucester William P. Abdill, superintendent of weights and

measures, Woodbury.

Hudson Thomas J. Waldron, superintendent of weights and

measures, Courthouse, Jersey City. Mercer Ralph M. Bodenwieser, superintendent of weights

and measures, Courthouse, Trenton. Middlesex Joseph Fertig, superintendent of weights and

measures, 184 Livingston Avenue, New Brunswick. Monmouth. Glenn L. Berry, superintendent of weights and

measures, 706 Eighth Avenue, Asbury Park. Robert M. Marks, assistant superintendent of weights and measures, Manasquan.

Morris Henry S. Worman, superintendent of weights and

measures, Boonton.

Passaic Harry Rosenfelt, superintendent of weights and

measures, Courthouse, Paterson. Sussex R. Lee Slater, superintendent of weights and

measures, Newton. Union Isaac Seeley, superintendent of weights and

measures, Courthouse, Elizabeth. NEW YORK

City:

Rochester M. J. Mack, assistant sealer of weights and measures, 34 Court Street. White Plains Richard Harding, sealer of weights and measures,

19 Waldo Avenue. County:

Albany Stanley Williams, sealer of weights and measures, Courthouse, Albany.

Monroe J. E. Dunklee, deputy sealer of weights and measures, 305 Terminal Building, Rochester. Richard Stanton, deputy sealer of weights and

measures, 305 Terminal Building, Rochester. Steuben E. Charles Smith, sealer of weights and measures, Avoca.

Suffolk CP. Smith, sealer of weights and measures, P. 0. Box 981, Riverhead.

Warren L. J. Dean, sealer of weights and measures, 62 Elm

Street, Glens Falls. NORTH CAROLINA

State William A. Graham, commissioner of agriculture,

Raleigh.

OHIO

City: Columbus M. A. Bridge, sealer of weights and measures, 152 East Rich Street. PENNSYLVANIA

State Albert B. Smith, director, bureau of standard

weights and measures, Harrisburg.

Oscar B. Baker, assistant director, bureau of standard weights and measures, Harrisburg.

City:

Allentown B. Frank Rinn, inspector of weights and measures,

City Hall. Harrisburg George B. Nebinger, inspector of weights and

measures, City Hall. Philadelphia Theo. A. Seraphin, district supervisor of weights

and measures, 2017 Arch Street. York D. L. Stouch, inspector of weights arid measures, City Hall.
LIST OF PERSON'S ATTENDING THE CONFERENCE IX

County:

Allegheny Thomas L. Howard, chief inspector of weights and

measures, Old Courthouse, Pittsburgh.

Franklin G. W. Bryson, inspector of weights and measures,

Greencastle. Lehigh Harry E. Biery, inspector of weights and measures, Courthouse, Allentown. Northampton John J. Weppel, inspector of weights and measures, Courthouse, Easton. Pike Harry Eager, inspector of weights and measures, Matamoras. TENNESSEE

V. A. Bradley, superintendent of weights and

measures, Nashville. Tom F. Mahonet, sealer of weights and measures, City Hall. Hugh Eagar Powel, assistant sealer of weights

and measures, City Hall. VERMONT

State H. N. Davis, deputy commissioner of weights and

measures, Montpelier.

VIRGINIA

J. H. Meek, director, division of markets, 1030

State Office Building, Richmond.

H. G. Coville, field representative, division of markets, 1030 State Office Building, Richmond.

B. W. Ragland, chief, bureau of weights and

measures, City Hall Annex. WEST VIRGINIA

State Howard S. Jarrett, commissioner of weights and

measures, Charleston.

P. R. Edler, inspector of weights and measures,

Charleston.

P. T. Sullivan, inspector of weights and measures,

Charleston. WISCONSIN

City:

Madison H. L. Thompson, sealer of weights and measures,

City Hall. Milwaukee William F. Steinel, sealer of weights and measures, 421 lifth Street. Racine D. E. Fitzgerald, sealer of weights and measures,

City Hall. OTHER DELEGATES, AND GUESTS APPEARING ON THE PROGRAM

Anderson, Herbert L., chief examiner, Federal Trade Commission, Washington, D. C. Bearce, H. W., Bureau of Standards, Washington, D. C. Behrmann, John F., National Association of Retail Grocers, 78 Eton Road.

Garden City, N. Y. Burgess, Dr. George K., Director, Bureau of Standards, Washington, D. C. Carey, L. C, marketing specialist, Bureau of Agricultural Economics, United

States Department of Agriculture, Washington, D. C. Ely, Edwin W., Bureau of Standards, Washington, D. C. Gould, R. E., Bureau of Standards, Washington, D. C. Holbrook, F. S., Bureau of Standards, Washington, D. C. Holmes, John, vice president, Swift & Co., Chicago, 111. Judson, L. V., Bureau of Standards, Washington, D. C.

State

City: Chattanooga

State

City: Richmond
X LIST OF PERSONS ATTENDING THE CONFERENCE

Kennedy, Ridgwat, chairman, simplified practice committee, International

Association of Ice Cream Manufacturers, 238 Lombard Street, Philadelphia, Pa. Miller, D. R., Bureau of Standards, Washington, D. C. Parry, William, Bureau of Standards, Washington, D. C. Peffee, E. L., Bureau of Standards, Washington, D. C. Pienkowsky, A. T., Bureau of Standards, Washington, D. C. Richard, C. L., United States Bureau of Standards Master Scale Depot, Clear- ing Station, Chicago, 111. Roeser, H. M., United States Bureau of Standards Master Scale Depot, Clear- ing Station, Chicago, 111. Schmitz, J. A., weighmaster, Chicago Board of Trade, Chicago, 111. Sener, A. G., vice president, Sanitary Scale Co., 11 West Forty-second Street, New York, N. Y. Smith, R. W., Bureau of Standards, Washington, D. C. Souder, Wilmer, Bureau of Standards, Washington, D. C. Starr, M. H., consulting engineer, Howe Scale Co., 319 Woodward Avenue,

Detroit, Mich.

GUESTS REPRESENTING MANUFACTURERS

Allsteel Scale Co. (Inc.) : Harold C. Mitchell, president, 25 West Broadway,

New York, N. Y. Becker, Christian (Inc.) : C. A. Becker, factory manager, 147 Eighth Street, Jersey City, N. J. Bennett Pumps Corporation : C. E. Weaver, sales manager, gasoline pump division, Muskegon, Mich.

Bowser, S. F., & Co. (Inc.) : Dan. G. Milligan. vice president, Fort Wayne, Ind. Paul Renfrew, manager, research department, Fort Wayne, Ind. A. B. Pamplin, sales engineer, Fort Wayne, Ind. D. W. Kingsley, eastern manager, 67 West Forty-fourth Street, New

York, N. Y. Buffalo Meter Co. : H. F. Barrett, 2917 Main Street, Buffalo, N. Y. Buffalo Scale Co. : E. D. Gordon, chief engineer, 1200 Niagara Street, Buffalo, N. Y.

Chatillon, John, & Sons : P. T. Bortell, sales manager, 85 Cliff Street, New York, N. Y.

J. George Hugel, 85 Cliff Street, New York, N. Y. Columbia Scale Co.

:

Carl E. Dartt, president. 634 Whitlock Avenue. New York, N. Y.

C. R. O'Quinn, Atlanta, Ga.

Correct Measure Co. : John R. Foster, president, Rochester, Pa. Erie Meter Systems (Inc.) : G. W. McDougall, sales manager, Erie, Pa. Exact Weight Scale Co. : John G. Sims, vice president, 265 West Spring Street, Columbus, Ohio. Fairbanks, E. & T., & Co. : A. Bousfield, chief engineer, St. Johnsbury, Vt. Fairbanks, Morse & Co.

:

E. P. Vroome, sales engineer, 160 Varick Street, New York, N. Y.

C. A. Hennie, manager, scale department, 115 East Lombard Street. Baltimore, Md.

Gilbert & Barker Manufacturing Co.:

G. C. Roberts, general sales manager, Springfield, Mass. Albert L. Gutterson, assistant chief engineer, Springfield, Mass. W. A. Walker, Springfield, Mass.

Gurley, W. & L. E. : W. L. Egy, engineer, 514 Fulton Street, Troy, N. Y. Hollingshead, R. M., Co.

:

R. M. Bagley, vice president, Camden, N. J. A. B. Gtjsdorf, factory representative, Camden, N. J. Howe Scale Co.

:

M. H. Starr, consulting engineer, 319 Woodward Avenue, Detroit, Mich.

C. A. Lindsay, branch manager, 415 Arch Street, Philadelphia, Pa.

International Business Machines Corporation:

Fred J. Boucher, sales manager, Dayton Scale Co. division, New York, N. Y,

Harry S. Evans, Washington manager, 816 Fourteenth Street NW..

Washington, D. C.
LIST OF PERSONS ATTENDING THE CONFERENCE XI

Jacobs Bros. Co. (Inc.) : Charles Richard Brody, assistant manager, 32 Walton Street, Brooklyn,

N. Y. R. W. Connell, southern representative, 615 Dunkirk Road, Baltimore, Md.

Harry Lippman, 32 Walton Street, Brooklyn, N. Y.

J. E. Woodland, sales manager, cletectogram division, 32 Walton Street, Brooklyn. N. Y. Measuregraph Co.: E. A. Powell, service manager, 3905 Belle Avenue, Balti- more, Md.

Monumental Machine Co. (Inc.) : Frank L. Sims, Baltimore, Md. Moore & Kling (Inc.) : Elmer. M. Kling, treasurer, Boston. Mass.

National Meter Co. : John J. McKagub, 299 Broadway, New York, N. Y. National Recording Pump Co. : J. P. Hanna, president, Dayton, Ohio. Neptune Meter Co. : R. K. Blanciiard, 50 East Forty-second Street, New

York, N. Y. Peerless Weighing Machine Co. : E. M. Schiemer, district manager, 245 Fifth Avenue, New York, N. Y. Pennsylvania Pump Co. : F. P. Randall, sales manager, 240 West Walnut Lane,

Philadelphia, Pa. Pittsburgh Equitable Meter Co.

:

Allen D. MacLean, chief engineer, 400 North Lexington Avenue, Pitts- burgh, Pa. Horace Chrisman, engineer, Pittsburgh, Pa. Lyon McCandless, research engineer, 400 North Lexington Avenue, Pitts- burgh, Pa. Repeal Brass Manufacturing Co.

:

T. E. Herlihy, Los Angeles, Calif.

J. L. Winter, salesman, 3107 Grove Avenue, Richmond, Va. Sanitary Scale Co. : Anson G. Sener, vice president, 11 West Forty-second

Street, New York, N. Y. Seederer-Kohlbusch (Inc.) : Edwin C. Smith, sales manager, 149 New York

Avenue, Jersey City, N. J. Seraphin Manufacturing Co. : Ida U. Seraphin, secretary, Philadelphia, Pa. Sexton Can Co. : Frank A. Johnson, eastern sales manager, Drexel Hill, Pa. Spotz Manufacturing Co. : C. A. Spotz, chief engineer, 100 Broadway, New

York, N. Y. Standard Computing Scale Co. : M. D. Ribble, supervisor of sales agencies,

Detroit, Mich. Streeter-Amet Weighing and Recording Co. : H. F. Reck, 4101 Ravenswood

Avenue, Chicago, 111. Tokheim Oil Tank & Pump Co.: M. B. Muxen, president, Fort Wayne, Ind. Chester C. Oberly, sales manager, Fort Wayne, Ind. W. M. Frazier, district manager, 1007 Maryland Trust Building, Balti- more, Md.

Toledo Scale Co.: Charles C. Neale, special representative, Toledo, Ohio. Frank J. Davis, salesman, 934 H Street NW., Washington, D. C. H. E. Rooney, salesman, 934 H Street NW., Washington, D. C. Torsion Balance Co.: A. T. Millroy, sales manager, 92 Reade Street, New

York, N. Y. Triner Scale & Manufacturing Co. : J. A. Edgerton, Washington representative, 1395 National Press Building, Washington, D. C. Troemner, Henry : Leon Diefenderfer, foreman, 911 Arch Street, Philadelphia, Pa. Underwood-Meserve Co. : F. C. Meserve, 110 Mount Vernon Street. South

Boston, Mass.

Underwriters' Laboratories : Earl J. Smith, engineer, gases and oils, 207 East

Ohio Street, Chicago, 111. Veeder Root (Inc.) : E. A. Slye, chief engineer, Hartford, Conn. Wayne Co.

:

R. A. Dempsey, district manager, 1780 Broadway, New York, N. Y. M. C. Brown, 4831 Thirty-sixth Street NW., Washington, D. C. W. L. Kennedy, Fort Wayne, Ind. Worthington Pump & Machinery Corporation

:

H. P. Matte, manager, meter department, Harrison, N. J. Robert Ward, superintendent, meter shop, Harrison, N. J.
XII LIST OF PERSONS ATTENDING THE CONFERENCE

GUESTS REPRESENTING ASSOCIATIONS OF MANUFACTURERS

International Association of Ice Cream Manufacturers:

Ridgway Kennedy, Jr., chairman, simplified practice committee, 238 Lombard Street, Philadelphia, Pa. Fred Rasmussen, executive secretary, Harrisburg, Pa. National Association of Retail Grocers: John F. Behrmann, 78 Eton Road,

Garden City, N. Y. GUESTS REPRESENTING RAILROADS AND WEIGHING DEPARTMENTS

Auge, J. N., supervisor of scales, Duluth, Missabe & Northern Railway, Proctor, Minn.

Brentnall, Thomas E., general scale inspector, Union Pacific Railway, Denver,

Colo. Bylsma, J. M., chief, weighing department, Western Weighing and Inspection

Bureau, 1800 Transportation Building, Chicago, 111. Dean, T. O., superintendent of scales, Texas & Pacific Railway, Dallas, Tex. Edwards, C. R., supervisor of scales, Wabash Railway Co., Decatur, 111. Enwright, J. T., scale inspector, Pennsylvania Railroad, Pittsburgh, Pa. Epright, A. W., supervisor scales and weighing, Pennsylvania Railroad, Altoona, Pa. Goe, R. B., supervisor weighing and inspection, Illinois Central Railroad,

Chicago, 111. Harrison, M. J. J., general scale inspector, Pennsylvania Railroad, Chicago, I1L Hosford, C. C, general scale inspector, Pennsylvania Railroad, Room 1015 Pennsylvania Railroad Station, Pittsburgh, Pa. King, C. A., chief scale inspector, Western Weighing and Inspection Bureau,

1800 Transportation Building, Chicago, 111. Klotz, W. G., supervisor of scales, Missouri Pacific Lines, 1914 Yale Street, Houston, Tex. Lawrence, E. Kent, general scale inspector, Baltimore & Ohio Railroad,

Baltimore, Md.

Mann, C. H., superintendent of scales, Southern Railway, Washington, D. C. Marchant, Harry, scale inspector, Bethlehem Steel Co., Maryland Plant,

Sparrows Point, Md.

Marnan, T. H., superintendent of weights, Illinois Steel Co., South Chicago, 111. Pettis, C, general scale inspector, New York Central Railroad, Rochester, N. Y. Pherigo, J. L., chief scale inspector, Southern Railway, Washington, D. C. Roller, W. L., engineer, maintenance of way, Hocking Valley Railway Co., 912 Spahr Building, Columbus, Ohio. Schlinkert, F. H., superintendent of scales. Missouri Pacific Lines, 1310 Missouri Pacific Building, St. Louis, Mo.

Schmitz, J. A., board of trade weighmaster, 453 South Clark Street, Chicago, 111. Stoody, C. G., chief scale inspector, Chicago, Rock Island & Pacific Railroad, Des Moines, Iowa.

Vogel, J. W., scale inspector, Hocking Valley Railway, 341 West Mound Street, Columbus, Ohio. Welsh, R. C, general scale inspector, Pennsylvania Railroad, Harrisburg, Pa.

Zeibel, A. G., scale inspector, American Bridge Co., Ambriclge, Pa. GUESTS REPRESENTING GOVERNMENT DEPARTMENTS

Anderson, Herbert L., chief examiner, Federal Trade Commission, Washington,

D. C. Briggs, C. A., livestock weight supervisor, Bureau of Animal Industry, United

States Department of Agriculture, Washington, D. C. Carey, L. C, marketing specialist, Bureau of Agricultural Economics, United

States Department of Agriculture, Washington, D. C. Frisbie, Walter S., Food, Drug, and Insecticide Administration, United States Department of Agriculture, Washington, D. C. Miller, J. C, skilled draftsman, division of equipment and supplies, Post Office Department, Washington, D. C.
LIST OF PERSONS ATTENDING THE CONFERENCE XIII OTHER GUESTS

Alee, J. Stanley, installation and maintenance manager, Sherwood Bros.

(Inc.), Continental Building, Baltimore, Md.

Anderson, R. P., technologist, American Petroleum Institute, 250 Park Avenue,

New York, N. Y. Chrisman, Charles S., engineer, 435 West Mines Street, West Chester, Pa. French, G., Sinclair Refining Co., 45 Nassau Street, New York, N. Y. Gregg, B. B., mechanical expert, 5000 Fourteenth Street NW., Washington, D. C. Haskell, Raymond, industrial engineer, The Texas Co., 17 Battery Place, New

York, N. Y. Holmes, John, vice president, Swift & Co., Union Stock Yards, Chicago 111. Hussey, Richard, electrician, 228 North Race Street, Princeton, Ind. Jacobs, Mrs. B. G., general manager, The Scale Journal, Chicago, 111. Jay, Lyman K., Sherwood Bros. (Inc.), Continental Building, Baltimore, Md.

Kerns, F. C, superintendent, lubricating sales, The Texas Co., 17 Battery Place,

New York, N. Y. MacDermott, F. N., sales equipment, Atlantic Refining Co., 260 South Broad

Street, Philadelphia, Pa. Morris, Homer I., Sun Oil Co., 1428 South Penn Square, Philadelphia. Pa. Pryor, James M., 2619 Ruscombe Lane, Baltimore, Md.

Riddle, P. H., special representative, Washington Petroleum Products (Inc.), South Washington, Va.

Saybolt, J. W., manager, lubricating sales, Standard Oil Co. of New Jersey, 26 Broadway, New York, N. Y. Staats, Kenneth A., Jones & Laughlin Steel Corporation, Jones & Laughlin

Building, Pittsburgh, Pa.
CONTENTS

First Session (Morning of Tuesday, June 4, 1929)

Page

Opening address by the president, Dr. George K. Burgess 1 Abstracts of State reports: Alabama, R. C. Sharp 7

California, J. S. Casey 7 Connecticut, Philip T. Pilon 7 Delaware 7

District of Columbia 7

Florida, W. H. Green 7 Georgia, S. H. Wilson 8

Illinois, Fred Benjamin 8 Indiana, I. L. Miller 8 Kentucky, Samuel F. Fox 8 Maine, William A. Jones 8 Maryland, S. B. Shaw and S. T. Griffith 9 Massachusetts, Francis Meredith 9 Michigan, L. P. Strong 9 Minnesota, D. F. Jurgensen 9 New Hampshire, Harold A. Webster 9 New Jersey, J. Harry Foley 10 New York 10 North Carolina, William A. Graham 10

Ohio, M. A. Bridge 10 Pennsylvania, Albert B. Smith 10 Tennessee, V. A. Bradley 11 Vermont, H. N. Davis 11 Virginia 11 West Virginia, Howard S. Jarrett 11 Wisconsin ^ 11 Abstracts of reports of representatives of State associations of weights and

measures officials: Massachusetts Association of Sealers of Weights and Measures, James

A. Bagley 11 Michigan State, County, and City Sealers' Association, George F. Austin, jr 12 New Jersey Weights and Measures Association, Joseph G. Rogers 12

Selection of official photographer 12 Second Session (Afternoon of Tuesday, June 4, 1929)

The Federal standard container act of 1928, by H. A. Spilman, senior marketing specialist, Bureau of Agricultural Economics, United States Department of Agriculture 13 Discussion of above paper 18 Standardization of ice-cream cans, brick molds, and cartons, by Ridgway

Kennedy, chairman, simplified practice committee, International Association of Ice Cream Manufacturers 24

Raising the standard for local weights and measures officials, by Albert B. Smith, chief, bureau of standard weights and measures, State of Pennsylvania 29

National Scale Men's Association Bulletin No. 1, on Repair of HeavyCapacity Scales, by C. F. Hawkinson, president, National Scale Men's

Association 33 Announcement 35

XIT
CONTENTS XV

Third Session (Morning of Wednesday, June 5, 1929)

Page

Report of the secretary of the conference, F. S. Holbrook 36

Discussion of above report 42 Work of the Federal Trade Commission relating to weights and measures, by Herbert L. Anderson, chief examiner, Federal Trade Commission 42 Address by the Secretary of Commerce, Hon. Robert P. Lamont 47

Identification by precision methods of comparison and measurement, by

Wilmer Souder, Bureau of Standards 49 The irregular or diversified packing of farm products, by John F. Behr- mann, representing the National Association of Retail Grocers 53 Appointment of committees 56 Weighing in the meat-packing industry, by John Holmes, vice president, Swift & Co 56

Seasonal aspects of county weights and measures administration, by Glenn

L. Berry, superintendent of weights and measures, County of Monmouth, N. J 62 Developments in terminal weighing of grain, ( by J. A. Schmitz, weighmaster, Chicago Board of Trade 65 Report of committee on specifications and tolerances relative to Bureau of Standards Handbook M85, presented by F. S. Holbrook, chairman 68

Discussion of above report 69 Fourth Session (Afternoon of Wednesday, June 5, 1929) Tour of the laboratories of the Bureau of Standards 74 Fifth Session (Morning of Thursday, June 6, 1929)

A new testing device for large-capacity scales, by C. P. Smith, sealer of weights and measures, County of Suffolk, N. Y 75

Discussion of above paper 78

Gasoline-meter installations in a ramp garage, by B. W. Ragland, chief, bureau of weights and measures, city of Richmond, Va 79 The effect on scale design of highway and motor-truck design, by M. H.

Starr, consulting engineer, Howe Scale Co 82 A cooperative program of the American Automobile Association, by

Ernest N. Smith, general manager, A. A. A 86

Discussion of above paper 88 Report of committee on specifications and tolerances on specifications

and tolerances for grease-measuring devices, presented by F. S. Holbrook, chairman 89

Discussion of above report 92 Methods for investigating reported short deliveries of fuel oil, by E. L.

Peffer, Bureau of Standards 96 Reception by the President of the United States 100 Sixth Session (Afternoon of Thursday, June 6, 1929)

Remarks of Earl J. Smith, engineer, gases and oils, Underwriters' Laboratories , 101 Report of committee on specifications and tolerances on modification of specifications for liquid-measuring devices, presented by F. S. Holbrook,

chairman, and discussion thereof 101 Observations on certain air-operated gasoline-meter installations, by

I. L. Miller, commissioner of weights and measures, State of Indiana- _ 104

Dissolved air in gasoline, by Oscar C. Bridgeman, research associate at the Bureau of Standards for the Society of Automotive Engineers 112

Discussion of above papers 116 Report of special committee on uniformity in weights and measures requirements, presented by J. H. Meek, chairman 116

Discussion of above report 117

Necessity for visibility of indications of scales 117
XVI CONTENTS

Seventh Session (Morning of Friday, June 7, 1929)

Page

Desirability of specifications for automatic-indicating scales 119

Investigation of hub odometers 119 Report of committee on specifications and tolerances on modification of specifications for liquid capacity measures, presented by F. S. Holbrook,

chairman 120

Discussion of above report 120 Report of committee on specifications and tolerances on modification of specifications for milk bottles, presented by F. S. Holbrook, chairman. _ 121 Discussion of above report 121 Reconditioning rejected or trade-in scales, by A. G. Sener, vice president,

Sanitary Scale Co 122

Discussion of above paper 126

Coin-controlled person-weighing scales, by George M. Roberts, super- intendent of weights, measures, and markets, District of Columbia 128

Discussion of above paper 132 Legal status of rules and regulations as established by decisions of the

courts, by William Parry, Bureau of Standards 132 Report of committee on nominations, presented by William F. Cluett,

chairman, and election of officers 145 Report of committee on resolutions, presented by P. D. Dukesherer,

chairman 145 Report of the treasurer, George F. Austin 147 Announcements and motions 147

Suggestions as to program and date of twenty-third conference 147

ling the Twenty-second N
REPORT OF THE TWENTY-SECOND NATIONAL CONFERENCE ON WEIGHTS

AND MEASURES

HELD AT THE BUREAU OF STANDARDS, WASHINGTON, D. C, JUNE 4-7, 1929 FIRST SESSION (MOEJSTING OF TUESDAY, JUNE 4, 1929)

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

George K. Burgess, president of the conference.

OPENING ADDRESS BY THE PRESIDENT, DR. GEORGE X. BURGESS

Ladies and gentlemen, the meeting will please be in order. I welcome the delegates to this Twenty-Second National Conference on Weights and Measures and feel assured that the program which

has been arranged by your committee will result in a most successful

meeting.

Our executive committee, you will remember, took a poll on the

most desirable dates upon which to hold our conference, and it was

decided for reasons of economy to hold the meetings this year at the beginning of June. Reduced fares from far western points and more advantageous hotel accommodations in Washington have thus

been secured. I am very glad to say that we had our hot spell last week, and the promise for this week is comfortable weather; if this

prediction is fulfilled, we will, of course, be very glad. I notice among those present a considerable number of new faces,

and during the week these newcomers will be able to get acquainted

with the other members of the conference and learn our methods of

procedure and practice. I am sure that not only the new members,

but the old members as well will appreciate the opportunity of meeting together.

It has been customary in the past for me to give a brief resume

of bills introduced in Congress, of interest to this conference, and

this course will again be followed.

At the last conference it was reported that a bill to fix standards

for hampers, round stave baskets, and splint baskets for fruits and

vegetables had passed both houses of Congress and was in the hands

of the President for action. The bill became a law, and is known

as the standard container act of 1928. A paper on this subject by

H. A. Spilman, senior marketing specialist of the Bureau of Agricultural Economics, is scheduled for this afternoon.

The present session of Congress having been called for the consideration of certain special matters, it would not be expected that

many bills relating to weights and measures would be introduced

consequently there are only a few to be mentioned.

74737—29 2. 1


2 BUREAU OF STANDARDS

H. K. 2 and S. 108 are bills to suppress unfair and fraudulent

practices in the marketing of perishable agricultural products in

interstate and foreign commerce. Among other prohibited practices, they provide that it shall be unlawful for any commission

merchant to discard, dump, or destroy without reasonable cause any

perishable agricultural commodity received by such commission merchant in interstate or foreign commerce, and prohibit the making of

any false or misleading statements concerning the quantity of any

agricultural commodity.

H. R. 8 is a bill to amend the national food and drugs act so as to prevent the slack filling of packages, and to prevent deceptions

by means of the form or shape of the container. The package must

be filled with the commodity it purports to contain. A similar bill was passed by the House in the last Congress but did not pass the

Senate.

House Joint Resolutions Nos. 16 and 60 request the President to propose the calling of an international conference for the simplification of the calendar, or to accept, on behalf of the United States, an invitation to participate in such a conference.

H. R. 196 is a bill to require the use of net weights in interstate

and foreign transactions in cotton, and to provide for the standardizing of bale covering for cotton. H. R. 198 is a bill to regulate interstate shipments of cotton. Under this bill the Interstate Commerce Commission is authorized

to establish preferential rates on shipments of cotton, based upon

the cubic contents of the bale.

S. 914 is a bill to standardize bales of cotton for shipment in inter- state or foreign commerce and to require sale of cotton by the true

net weight of the bale. The weight of the standard square bale

is fixed at 500 pounds, exclusive of bagging and ties. Reasonable

variations in net weight shall be permitted, but not to exceed 100

pounds above or below the standard weight.

H. R. 730 is a bill to amend the national food and drugs act so

as to require certain canned food to be of a standard quality, condition, and fill, in accordance with standards to be promulgated by

the Secretary of Agriculture.

S. 902 is a bill to amend the national food and drugs act by adding a new paragraph relating to the marking of packages containing edible plant products. It would be required that the package in- dicate, under certain conditions, whether the product had been

grown in a foreign country or in the United States and that the

quantity by weight or volume of each foreign-grown product be

stated. H. R. 1013 and 2164, and S. 324 and 880, are bills to define fruit

jams, preserves, and other products, to provide standards therefor,

and to require the labeling thereof. This bill provides that the net weight, measure, or numerical count be stated on the package.

I have here copies of these various bills that are pending, also copies of the bill that became a law during the recent Congress, and

a copy of the proposed calendar. If any of you are interested in

the status of Federal legislation, you are at liberty to consult these

copies for reference purposes. I have also additional copies of some

of them.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 3

It will doubtless be of interest to mention certain of the publications that the bureau has recently issued. For the benefit of the new members I refer first to a manual which I mentioned at the

last conference, entitled "Weights and Measures Administration"

and which is Handbook Series of the Bureau of Standards No. 11,

1927. This manual has been prepared primarily for the informa^

tion and use of weights and measures officials. Another publication

of interest has recently been issued, " Specifications and Tolerances

for Commercial Weighing and Measuring Devices," Handbook

M85, 1929, containing all the codes adopted by this conference.

Still another is this chart which shows time for any location on

the globe. I will again direct your attention to the annual publication known as the " Standards Yearbook." I have here a copy of

the 1929 yearbook. We had the 1928 yearbook before you last year. The 1930 issue will appear shortly after next January 1. In the standards yearbooks are included a summary of the standardization activities carried on not only in this country, but in the world

in general. These publications include a reference to the Federal

and State weights and measures activities, this information being

necessarily in brief form.

All of you have probably received the report of the Twenty-first

National Conference on Weights and Measures, the minutes of our meeting last year. I am glad to say that this publication was issued

in good -time, well before this conference. Any of you who may not

have received a copy can get one. There is another publication which I would like to mention which

will be inaugurated in July and will be known as the Commercial Standards Monthly. As its name implies it will be issued

monthly, and the subscription is $1 a year. It will consist of a current account of the standardization activities of what we call the " commercial standards group " of the bureau, which includes the

specific work on commercial standards, and also the work of the

division of simplified practice, the division of trade standards,

the division of specifications, and the division of building and housing; it will also treat of other governmental standardization activities, and will contain news items and references to standardization

and specifications throughout the country. Particular attention

will be given to the relation of business to standardization.

This publication is not wholly new. The division of simplified

practice started several years ago to issue in mimeographed form a statement of the progress of its work. The Bureau of the Budget

has now approved putting this in printed form and amplifying it to cover the additional fields mentioned. If any of you have any items

that you care to bring to our attention for inclusion in this journal, we will be glad to receive and consider them. So much for the new

publications. I will now go a little bit out of our usual course and consider some

of the outstanding things that have been done recently by the Inter- national Conference on Weights and Measures.

The international conference is a body which, as its name implies,

is supported by a considerable number of nations—31 at this time.

It was set up by treaty and started operating in 1873. The con- ference meets normally every six years in Paris and in the interim
4 BUREAU OF STANDARDS

between the 6-year meetings the work is carried on by the Inter- national Committee on Weights and Measures. The conference

maintains a laboratory in Sevres just outside of Paris, which is known as the International Bureau of Weights and Measures.

Now this seventh conference held in 1927, did some very important

things to which I shall refer briefly. In the first place there was

set up an International Temperature Scale. The temperature scales throughout the world were not quite identical, and it was not practical absolutely to check work. The scale agreed upon is for universal adoption and this is now the official scale of the Bureau of

Standards, and is in use here. It is not necessary to call attention

to the importance of having a single scale, so that any scientific work anywhere can be strictly compared with work done elsewhere

without any uncertainty from the point of view of the temperatures

employed or obtained. Again, temperature-measuring instruments

made anywhere in the world will also be adjusted to conform in

their indications to the international scale. Another matter which is of fundamental importance in metrology was the definition of a meter in terms of wave lengths of light.

In the determination of length by optical means, it is possible to

set up a length in terms of wave lengths of light to an accuracy

of approximately 1 part in 100,000,000. For example, the length of

the meter has been determined to be 1,553,164.13 wave lengths of the

red cadmium line and is now so defined. The result is that if all our meter bars were destroyed we could nevertheless reproduce a meter at any time with as great accuracy as we now know it, and

with that as a basis many other standards can be readily reproduced.

Another proposition which will probably be adopted this month

in Paris by the international committee is the denning of the temperature at which industrial length standards shall have their

nominal correct length. The proposition is to choose for industrial

purposes, such as in the manufacture of repetitive parts, a temperature of 68° F. (20° C.) as the standard temperature at which all length standards used in manufacturing should have their correct

value.

When you realize that it is necessary to produce parts accurate

to 0.0001 inch and even better, and that this can only be successfully

accomplished by the use of proper length measures, the desirability

of having a uniform temperature at which these length measures

shall be correct will be at once apparent. By light interference it is possible for us to construct and calibrate standards—and such have

been constructed—so precise that subdivisions of an inch, the inch,

and multiples of inches can be built up so that practically no errors

in the desired lengths can be detected. In other words, the error would be a small fraction of a wave length of light, perhaps something of the order of one ten-millionth of an inch.

Another item which was presented before the international con- ference in 1927 and on which a report has been submitted to the

international committee for adoption this month is with respect to the electrical units. Certain of you are concerned with these. For

instance, we had last year a very interesting paper on the supervision

of gas and electric meters in Texas, by Mr. Henrichson. who dis- cussed the procedure followed in calibrating their instruments.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 5

It is a fact that the electrical units do not conform with the

mechanical and thermal units exactly. The desire is to bring ail three of them into conformity. For example, at the present time

[here is a difference of something like 1 part in 2,000 as between the

electrical watt and the mechanical or thermal watt. You will readily

appreciate that it is necessary and desirable to bring all these units

into complete conformity. It is expected that the suggestion which

has been put up to the international committee will result in effecting

this uniformity. I might note that the international program con- templates the addition of a laboratory so that it will be possible to do electrical work at the international bureau in addition to the

weights and measures work which has been done heretofore.

I will now take occasion to mention two types of activity that the

Bureau of Standards is carrying on, which while not strictly re- lated to weights and measures yet nevertheless may have what we call a psychological bearing on certain matters that have been before

this conference in the past. I refer first to the set-up of what we are calling the Cement

Reference Laboratory. The fact is that there are some 300 laboratories throughout the country testing cement. As you can readily

realize, results obtained in those various laboratories may oftentimes

not be in agreement. The object of this reference laboratory for

cement is to bring uniformity into the cement-testing field, in so far

as possible. The demand for this laboratory—and this is the thing

that I would like to emphasize particularly—came from the cement

industry itself and also from the American Society for Testing

Materials, which is concerned with setting up specifications for

commodities such as cement. This laboratory is to be supported

half by the Government and half by contributions from the American Society for Testing Materials and the cement industry. We are getting this laboratory started at the present time, and it will be

well under way by the 1st of July.

In the operations of this Cement Eeference Laboratory to bring

about uniformity in the testing of cement, various means will be

employed. There will be the inspection of individual samples of

cement; the inspection of the apparatus used and the testing and

calibrating of that apparatus will be undertaken; eventually it is expected there will be sent out to the various laboratories cement

whose characteristics we know, which we might call standard cement

samples, with which they may check in their laboratory. As you

know, we have at the present time a considerable number of chemical

samples which can be sent out to industries to check their chemists

or their methods. On account of the tremendous use of cement

if I remember correctly there were some 170,000,000 barrels manufactured last year—from the business point of view the securing of

uniformity is extremely important, for when the manufacturer's

tests and the receiver's tests do not agree business is charged with an unnecessary amount of overhead. We hope to eliminate a very

great deal of that. There is another type of inspection to which I would also like to refer at this time. As you know the aeronautics field is expanding

beyond all bounds of reasonable expectation. We thought radio

developed fast, but aeronautics is developing even more rapidly.
6 BUREAU OF STANDARDS

The Aeronautics Branch of the Department of Commerce is charged with the licensing of both pilots and planes, and it has been

found necessary in the licensing of planes to have a demonstration of

the effectiveness of the type of plane submitted.

The Bureau of Standards is charged with the testing of types of

engines used in the planes. This testing is going on at the present

time, and as many of you as are interested will have an opportunity

to see it when you inspect the bureau on Wednesday. Some of that

work is also done at College Park and at Arlington.

You remember that at our last conference I stated that the new

master scale for the calibration of test cars used in the test of rail- way track scales had been put in operation at Clearing, just outside

of Chicago, and the first calibrations had been made and reports

issued. That station has been in very successful operation during

the year, and no doubt will go on successfully. As you know we

also have three railroad track-scale testing equipments which we

utilize in the test and calibration of railroad and industry master

scales and track scales in the various States for the benefit of both

the shippers and the railroads. One of these equipments which

has been in service some 15 years is virtually worn out and we hope

to have it replaced through funds which we will request for this

purpose from the forthcoming Congress. The cost of such an outfit wilf be about $40,000.

Now a few words in relation to the program of this meeting.

Last year we made a special effort to have representatives of business on our program, since we believed that cooperation between business

and the officials was extremely desirable and conference program

assignments seemed an excellent method of fostering this cooperation.

Our business representation last year was a very interesting and

valuable part of our program and encouraged us to continue the

practice this year. We think our efforts will again be fruitful. John F. Behrmann, representing the National Association of Retail

Grocers, will address you on Wednesday morning on the very timely

subject of " The Irregular or Diversified Packing of Farm Products,"

and we are sure that he will be able to interest you very much. John

Holmes, vice president of Swift & Co., will address you at the same

session on the subject "Weighing in the Meat-Packing Industry," a

subject in which I am certain you are all very vitally interested, and

will enjoy. J. A. Schmitz, weighmaster, Chicago Board of Trade,

who has for many years been working along the same lines as all of

you, will tell you about " Developments in Terminal Weighing of

Grain." Ridgway Kennedy, chairman of the simplified practice

committee, International Association of Ice Cream Manufacture^

will describe the standardization program of the ice cream industry. I can not take the time to tell you of all the good things on the

program, but I might briefly mention that our new Secretary of

Commerce, Hon. Robert P. Lamont, has kindly agreed to, greet you

at 11 o'clock Wednesday morning. Among other visitors whom we

will be glad to welcome will be Herbert L. Anderson, chief ex- aminer of the Federal Trade Commission, and Ernest N. Smith,

general manager of the American Automobile Association.

That, ladies and gentlemen, concludes all that the chairman wishes

to say at the present time in presenting first, a summary of Federal

legislation, second, reference to publications of the Bureau of Stand-
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 7

ards since the last conference, third, a summary of some recent work

being done through the International Conference on Weights and

Measures, and fourth, the special references to our own work.

ABSTRACTS OF STATE REPORTS 1 ALABAMA

By R. C. Shaep, Inspector of Weights and Measures, Birmingham

Mr. Sharp commented on the absence from the conference of

H. L. Flurry, chief of the State division of weights and measures, who was unavoidably detained in Montgomery. He stated that he was not prepared to present a report for the State except to say

that the division had shown remarkable progress since its organization only a few years ago. CALIFORNIA 2 By J. S. Casey, Chief, State Division of Weights and Measures Mr. Casey remarked upon the increasing responsibilities and

diversification of duties of the weights and measures official as a

result of the rapid developments in all fields of business and industry. He spoke of the excellent assistance rendered by local officials in the solution of new problems. There was cited a statute passed

by the legislature in 1929, designed to prevent fraud or misrepresentation in the distribution or sale of gasoline and oil. CONNECTICUT

By Philip T. Pilon, Deputy State Superintendent of Weights and Measures Mr. Pilon reported an increase of six in the number of local weights and measures officials in the State as compared with the

figures a year ago, making a present total of 54. He also reported an increase of over 20 per cent in the number of pieces of apparatus

examined. The only new legislation along weights and measures

lines was a statute effecting certain changes of personnel in the State

department.

DELAWARE

(Officials were in attendance from Delaware, but no report from

this State was presented to the conference.) DISTRICT OF COLUMBIA

(Officials were in attendance from the District of Columbia, but no report from the District was presented to the conference.)

FLORIDA

By W. H. Green, Superintendent, Division of Weights and Measures, Miami

Mr. Green reported that there had been introduced into the current legislature a standardization bill and a bill to create a State

department of weights and measures, both of which were still pend1 For convenience of reference these reports have been arranged in alphabetical ordet throughout.

2 This report was submitted through Thomas Flaherty and was read to the conference by him.
8 BUREAU OF STANDARDS

ing. He discussed briefly the activities of the Miami department,

stating that efforts were being made to secure adequate equipment

for the testing of large-capacity scales which it was hoped would be

successful within the coming year. GEORGIA

By S. H. Wilson, State Oil Chemist

Mr. Wilson stated that the only weights and measures work now

being carried on by the State is the testing of retail gasoline dispensing devices, under the supervision of his department. He said that

a bill had been prepared for introduction into the next legislature

to create a State department of weights and measures; this bill fol- lows closely the model State law adopted by the conference. Vigor- ous efforts are to be made to secure the passage of this legislation. ILLINOIS 3 By Fked Benjamin, State Superintendent of Standards

Mr. Benjamin advised that no new weights and measures legislation had been enacted during the past year. Comparing the past

and present conditions of commercial equipment in the State, he

said that when the work of the State department was first started

in the smaller cities and towns about 50 per cent of the apparatus

in use was found incorrect, whereas now less than 10 per cent is found inaccurate.

INDIANA

By I. L. Millee, State Commissioner of Weights and Measures Mr. Miller reported especial activity during the year on liquidmeasuring devices; many obsolete units have been removed from

service, and large numbers of others have been brought into compliance with the regulations through repairs and minor alterations.

Two additional counties have appointed local sealers. The State

department expects soon to acquire a special truck equipment for

the testing of large-capacity scales. KENTUCKY

By Samuel F. Fox, Chief Inspector of Weights and Measures, Louisville Mr. Fox. reported that there had been no new State legislation,

but speaking for his own department he said that this had been

very active during the past year. An increase in appropriations

made possible increases in salaries throughout the department. A

new taxicab ordinance was passed, requiring taximeters on all taxicabs. Dry measures have been eliminated from use in the city,

commodities being now sold on a weight basis. MAINE

By William A. Jones, Sealer of Weights and Measures, Waterville Mr. Jones reported three changes in the State law made by the

last legislature. One of these was the repeal of a section which

3 This report was submitted through William F. Cluett and was read to the conference by him.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 9

prohibited the sale of weighing and measuring devices until the

type thereof had been approved by the National Bureau of Standards. Another was an amendment to the milk bottle law per- mitting the sale and use of the 10-ounce bottle. The third was an amendment to the fee schedule, increasing certain fees and adding

fees for certain classes of apparatus.

MARYLAND

By S. B. Shaw, Chief Inspector, State Department of Markets, and S. T. Griffith, Chief, Division of Weights and Measures, Baltimore

Mr. Shaw spoke of the handicap of lack of funds, which prevents

the State department from undertaking much weights and measures work except such as pertains to fruits and vegetables and the

shipment thereof, and the occasional testing of scales with the co- operation of the Baltimore department. Mr. Griffith mentioned the

introduction into the last legislature of a bill for the creation of a State department of weights and measures; this bill died in committee, but efforts to secure its passage will be continued.

MASSACHUSETTS

By Francis Meredith, Director, State Division of Standards

Mr. Meredith discussed briefly the work of supervising and li- censing transient vendors and hawkers and peddlers which is car- ried on by the State and local weights and measures departments

in addition to their weights and measures work; this has attracted

state-wide attention. There were no unusual weights and measures

activities during the past year, and there was no new legislation

along this line. MICHIGAN

By L. P. Strong, Chief, State Division of Weights and Measures Mr. Strong reported that no weights and measures statutes were

enacted by the last legislature. The work of the State, county, and

city departments is progressing in a satisfactory manner, with close cooperation among all of these elements.

MINNESOTA

By D. F. Jtjrgensen, Chief Engineer, State Railroad and Warehouse

Commission

Mr. Jurgensen spoke of the testing of large-capacity scales by the

department, including the regular examination of railroad track

scales with two specially constructed test cars. Automobile trucks

are also provided for use in connection with the testing of wagon

and truck scales and in carrying on the regular work of the department. He mentioned particularly that little difficulty was experienced in securing adequate funds for all necessary equipment.

NEW HAMPSHIRE

By Harold A. Webster, State Commissioner of Weights and Measures Mr. Webster gave a summary of the mechanical and supervisional

work of his department for the past two years. Under statutory
10 BUREAU OF STANDARDS

authority a regulation has been issued declaring the y^-quart

milk bottle to be in violation of the weights and measures law. Gasoline pump installations and wayside stores continue to increase in

number and demand an increasingly greater share of the department's attention during the summer months.

NEW JERSEY

By J. Harry Foley, State Superintendent of Weights and Measures In addition to a discussion of certain general phases of his department's work, Mr. Foley outlined certain activities which had been

receiving especial attention during the year, as follows : The testing

of liquid-measuring devices, lubricating-oil bottles, and measures for

type approval ; checking violations of the net container law ; correct- ing faulty practices in the sale of second-hand scales; measuring

thread. In addition, many investigations were made covering a wide range of industries. There was no new legislation.

NEW YORK

(A number of officials were in attendance from New York, but nc

report from this State was presented to the conference.)

NORTH CAROLINA

By William A. Graham, State Commissioner of Agriculture

Mr. Graham reported that much valuable work had been accomplished by the weights and measures division, notwithstanding the

handicap of the fee system, which was very unpopular. A new

statute imposes a franchise tax upon those handling certain classes of weighing and measuring equipment in the State; the funds ac- cruing from this tax, to be collected by the revenue department, are

to constitute a weights and measures fund for the administration of

the weights and measures laws ; the former fees are abolished.

OHIO

By M. A. Bridge, Sealer of Weights and Measures, Columous

Mr. Bridge commented upon changes in personnel in the State

department, said that the district weights and measures associations

continued to meet regularly, and reported the organization of a State association which held a successful meeting during the year. The bill to place all local weights and measures officials under civil service, which was sponsored by the State department, was passed

by the legislature, but failed to receive the governor's approval. As

to conditions in Columbus, Mr. Bridge noted particularly the need

of an equipment for the testing of large-capacity scales. PENNSYLVANIA

By Albert B. Smith, Director, State Bureau of Standard Weights and Measures Mr. Smith reported that three weights and measures laws were

enacted by the last legislature, one giving local inspectors jurisdiction over person and coin-operated weighing machines, another to make possible the elimination of odd-sized milk bottles, and the

third authorizing the appointment of sworn private weighers. Bills
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 11

providing for standard-weight bread loaves, sales by weight, the

testing and priming of gasoline pumps by the owners, meters on

vehicle tanks, and specifying the frequency of weights and measures

inspections failed of passage.

TENNESSEE

By V. A. Bkadley, State Superintendent of Weights and Measures Mr. Bradley reported a general improvement in the condition of

the commercial weighing and measuring equipment in use in the

State, as demonstrated by the reduced percentage of equipment

found inaccurate upon test. A State weights and measures confer- ence is in contemplation during the coming year. There has been no new weights and measures legislation.

VERMONT

By H. N. Davis, Deputy State Commissioner of Weights and Measures Mr. Davis reported the addition of one full-time inspector to his

field force, made possible through an increase of appropriation. The

last legislature enacted a new law requiring the calibration of vehicle

tanks under the supervision of the State department. A bill to re- quire meters on vehicle tanks, and another providing for the licensing

of gasoline pumps, failed of passage ; the former bill was drawn to meet the demand of the retailers of gasoline, who complained of

uncertainty in the amounts delivered to them.

VIRGINIA

(Several officials were in attendance from Virginia, but no report

from this State was presented to the conference.)

WEST VIRGINIA

By Howakd S. Jarrett, State Commissioner of Weights and Measures Mr. Jarrett stated that no alterations or additions had been made

to the weights and measures law by the last legislature. He noted a decided increase during the past year in the number of chain stores in the State, particularly in the grocery and meat trades. Gasolinepump installations continue to increase, keeping pace with the roadbuilding program of the State. The coal business has been inactive,

and coal scales have been tested only upon request.

WISCONSIN

(Several officials were in attendance from Wisconsin, but no report

from this State was presented to the conference.)

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

MASSACHUSETTS ASSOCIATION OF SEALERS OF WEIGHTS AND MEASURES

By James A. Baglet, Sealer of Weights mid Measures, Chicopee

Mr. Bagley stated that the association membership includes the

State inspectors of standards and the sealers and deputy sealers of

355 cities and towns of the State. The closest cooperation prevails
12 BUREAU OF STANDARDS

among all of these elements, and the State and local departments

work in entire harmony.

MICHIGAN STATE, COUNTY, AND CITY SEALERS' ASSOCIATION By George F. Austin, Jr., Assistant Supervisor, Bureau of Weights and

Measures, Detroit Mr. Austin mentioned the fact that the association was one of

the two State associations which publishes a bulletin at regular in- tervals, and recommended this plan to other associations because of

the beneficial results which have been noted in his State. He ex- tended a general invitation to attend the next meeting of the asso- ciation to be held in Detroit in June.

NEW JERSEY WEIGHTS AND MEASURES ASSOCIATION

By Joseph G. Rogers, Assistant State Superintendent of Weights and Measures Mr. Rogers stated that in addition to the regular annual meeting

of the association, such as has been held for many years, a midwinter

meeting has recently been inaugurated; this latter meeting is held

just prior to the opening of the legislature, and is confined largely

to the consideration of a legislative program. Mr. Rogers recom- mended pension legislation as a desirable goal for association

activity. He issued an invitation to all to attend the next meeting

of the New Jersey association.

The Chairman. Our time is not fully up and the chair would like

to give opportunity for reports from counties and cities. Are there

any such reports which delegates wish to present?

SELECTION OF OFFICIAL PHOTOGRAPHER

Mr. Holbrook. Mr. Chairman,, I would like to bring up a matter

at this time. F. A. Schutz has regularly been making the picture of

this conference for a great many years. I think that you have been

pleased with the pictures and the service which he has furnished in

the past. It appears that it would be a good thing for this body to have an official photographer. I therefore move that Mr. Schutz

be selected as the official photographer of the conference.

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

(At this point, at 12.50 o'clock p. m., the conference took a recess until 2 o'clock p. m.)
SECOND SESSION (AFTERNOON OF TUESDAY, JUNE 4,

1929)

The conference reassembled at 2.30 o'clock p. m., Francis Meredith,

second vice president, in the chair.

THE FEDERAL STANDARD CONTAINER ACT OF 1928 4 By H. A. Spilman, Senior Marketing1 Specialist, Bureau of Agricultural

Economics, United States Department of Agriculture

We have two Federal laws affecting the baskets used for fruits

and vegetables. These are commonly known as the United States standard container act and the United States standard container act of 1928. The one known as the United States standard container

act has been on the statute books since 1916 and became effective

November 1, 1917. The name by which that act has been known is somewhat of a misnomer, since it is by no means as general in its scope as the name would signify. The main purpose of that law was

to standardize the Climax baskets used for grapes and the small

baskets or boxes used for berries. In fact, the law as passed was

a combination of a bill for standardization of Climax baskets and

one for the standardization of berry boxes. As put together, its wording was such as to standardize also what we call till baskets

and to indirectly affect larger containers, such as hampers, round

stave baskets, and splint baskets. This effect was secured by reason

of the law's requirement that containers of fruits and vegetables be

made in multiples of the dry quart.

The act of 1916 is an interstate commerce law and makes it un- lawful to manufacture for shipment, sell for shipment, or to ship

in interstate commerce baskets, filled or unfilled, which do not

comply with the act. This brings about an unfortunate condition

in that a manufacturer when making for sale within his own State

is not under the law, but when making for sale in another State, or when shipping to another State, he does come under the law.

Again, a manufacturer within a State can supply short baskets to a city within that State, while manufacturers nearer to the city, but

in another State, can not supply such sizes. A case of this kind

actually arose in connection with certain baskets sold in Chicago, one Illinois manufacturer getting all the business by supplying short

baskets which Indiana manufacturers could not ship into Illinois. Such an unfortunate state of affairs could be remedied by each

State enacting the act of 1916 as a State law. So far but six States have seen fit to do so. These are Indiana, Iowa, Kansas, Michigan,

Ohio, and Pennsylvania. It must be put down to the credit and

good sense of the manufacturers that in most instances they have

loyally supported the law in spirit as well as letter, and have re- fused to take advantage of this loophole.

4 In- the absence of Mr. Spilman this paper was read to the conference by L. C. Carey, marketing specialist, United States Department of Agriculture. 13
14 BUREAU OF STANDARDS

This original standard container act reduced the number of Climax

baskets from 31 to 3, the number of till baskets from 30 to 5, and

the number of sizes of berry boxes from 17 to 3. These reductions

represent the elimination of 93, 84, and 82 per cent, respectively, of

the sizes formerly used.

Perhaps I should explain that by a till basket we mean rectangular

baskets, the sides and bottoms of which are made of two or more

pieces of veneer crossed at right angles, or of other material, used

either for display purposes, or for shipment, when filled, as a subcontainer within a crate. These are made in 1, 2, 3, 4, and 6 quart

sizes. With the exception of the 3-quart size these are oblong in

shape; the 3-quart is made in both the oblong and square shapes.

The 1 and 2 quart sizes are used for display purposes at retail stores. The 3, 4, and 6 quart sizes, when filled, are packed in crates for shipment, the 3-quart size being shipped four to the crate, the 4-quart

size 6 to the crate, and the 6-quart size two to the crate. The results of this original standard container act proved so satis- factory to manufacturers that they requested the Department of

Agriculture to undertake investigations looking toward the standardization of hampers, round stave baskets, and splint baskets.

These investigations demonstrated that there was as much need

of standardization of these three types as there ever had been of

the three types already standardized. Hampers were found to be

made in the following sizes: 2, 4, 6, 8, 10, 12, 13, 13%, 14, 15,

16, 18, 20, 24, 27, 28, 30, 32, 40, 44, and 48 quart. Added to this

great number of sizes was a great variation in dimensions, so that

there were something like 75 capacities and dimensions for hampers.

In the case of round stave baskets the condition was not so bad,

as 25 or 30 would cover the number of different sizes made. So far

as splint baskets are concerned, nobody has ever attempted to esti- mate the number of sizes and differences in dimensions which have

existed during the past years. As a result of the investigations made by the Department of

Agriculture there was drawn up in the fall of 1919 a tentative form

of the bill for the standardization of hampers, round stave baskets,

and splint baskets. This was done for the purpose of discussion

with manufacturers, and it was found that they wished rather rigid

and definite restrictions set up. They wished the number of sizes cut down to a very small number; they wanted dimension specifications for each size and type made a matter of law ; and also wished

the law to define certain elements affecting the strength of containers, such as the number and thickness of staves and thickness of

hoops. This bill was probably rewritten a good many times before

it met the approval not only of the manufacturers of baskets, but

of large organizations such as the American Farm Bureau Federation, the National League of Commission Merchants, the International Apple Shippers' Association, and the Western Fruit Jobbers

Association. In the end, a bill along the lines indicated above was

introduced in the House of Representatives in the early part of

1920 by Representative Vestal, of Indiana, at the request of the

National League of Commission Merchants. This original bill pre- scribed as sizes for hampers the *4, y2 , 1, and iy2 bushel. The sizes
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 15

were the same for the round stave baskets except that the 2-bushel

size was added to take care of certain farm baskets. For splint baskets the sizes specified were the 4, 8, 12, 16, and 24 quart.

At hearings which were held on the bill considerable sentiment

developed from New Jersey, Delaware, and Maryland in favor of

the retention of the 20-quart size of hamper. As a result of the

representations made with some force before the committee this

size was inserted as one of the standards both for the hamper and

the round stave basket. In this shape the bill went before the House

and was discussed in Committee of the Whole on two different days.

One of the first things which the House did was to knock out all of the specifications affecting the strength of baskets. With the

amendments made, the bill passed the House in Committee of the

Whole, but was never reported into the House itself. This was the

first skirmish on a piece of legislation which remained before Congress for eight years before finally achieving passage. During the

eight years its form was modified to a considerable extent. Dimension specifications were dropped as well as strength specifications,

and additions were made to the number of standards. As finally

passed, section 1 provides as standards for hampers and round

stave baskets the %, 14, y2 , %, %, 1, 1%, 1%, and 2 bushel sizes. Section 2 sets up for splint baskets 4, 8, 12, 16, 24, and 32 quarts as the standard sizes. This is a reduction of 67 per cent in the number

of sizes of hampers and of at least 50 per cent in the number of

sizes of splint baskets. During the years the law was under discussion the makers of round stave baskets voluntarily cleaned house

and its final passage makes but little difference to them.

Section 3 directs the Secretary of Agriculture to establish toler- ances in the capacities of the baskets standardized, in order to take

care of reasonable variations occurring in manufacturing or handling. Such tolerances have been established in regulation 5, section

2, paragraph 2. In section 4 is embodied a somewhat unusual provision. It re- quires that manufacturers shall submit to the Secretary of Agriculture their specifications for hampers, round stave baskets, and

splint baskets, and provides that no manufacturer shall make such

containers until his specifications have been approved by the Secretary. The Secretary is required to approve specifications if they

will make a basket of legal capacity and one which is not deceptive

in appearance. Some will say that it would have been much better to have incorporated in the law definite dimension specifications

for each container. This would have made the act much more easy

to administer, but had such dimensions been rigid the door would

have been closed to new developments. It would have been neces- sary to have incorporated a provision directing the Secretary of

Agriculture to recognize sets of dimensions other than those set forth in the law and in view of the many changes which had been

made in baskets in the last two or three years this would have re- sulted in practically the same conditions as those we now face. This particular stipulation in the law has caused a great increase

in our work and has been productive of a good deal of thought and

trouble. However, we do believe when the matter has finally been
16 BUREAU OF STANDARDS

ironed out we shall have a great deal more uniformity in baskets

than has ever before been the case, and that the result accomplished

will have been found to have justified the trouble.

Section 5 is the penalty section of the law and makes it unlawful

to manufacture for sale or shipment, to offer for sale, to sell, to

offer for shipment, or to ship, containers which do not comply with

the act, whether filled or unfilled. This section does not contain

that little word "willful," the word which has been a stumbling

block in the path of enforcing more than one law or ordinance.

This section does, however, contain a provision under which any

purchaser having a guaranty of capacity from the seller of baskets

is absolved from prosecution if the baskets are of illegal size. Section 6 gives us authority to proceed against illegal baskets

themselves, whether filled or unfilled, or parts of such baskets, and

provides for their seizure, condemnation, and destruction.

Section 7 authorizes the manufacture of baskets for foreign countries and also the making of banana hampers without complying

with the standards set up in the law.

Section 8 provides for the handling by United States district at- torneys of cases arising under the act, and section 9 places with

the Secretary of Agriculture the duty of prescribing regulations

and making necessary examinations and tests to determine whether

baskets comply with the law.

Section 10 directs the Secretary to cooperate with State, county,

and municipal authorities, manufacturers, dealers, and shippers

in order to carry out the purposes of the act, and section 11 provides that sections 5 and 6 shall become effective on November 1, 1929.

To distinguish between the two acts affecting fruit and vegetable baskets we are designating one of them as the United States standard container act of 1916 and the second as the United States standard container act of 1928.

The new law differs from the standard container act of 1916 in

that it is based on the weights and measures clause of the Constitution instead of the interstate commerce clause. This puts it on the same basis as the standard barrel law and makes its provisions effec- tive in intrastate as well as interstate commerce. I wish to emphasize this fact because in spite of the publicity which we have

endeavored to give to this law and to its provisions we still receive

questions indicating that there is a misunderstanding as to the local application of the law. Please bear in mind that, Congress having

exercised its constitutional prerogative in passing this act, all State

laws and city ordinances which conflict with it become inoperative.

As one example of this let me cite the effect of this law on the

weight-per-bushel laws still on many State statute books. The

solicitor of the Department of Agriculture has expressed the opinion

that the United States standard container act of 1928, in establishing

the capacity of the bushel as 2,150.42 cubic inches, makes inoperative

all State laws establishing weights per bushel so far as they affect fruits and vegetables packed in the containers standardized by that

law. To put it in another way, this means that when a farmer sells any fruit or vegetables in a hamper, round stave or straight-side

basket, or a splint basket, then the State laws requiring that he

deliver a certain weight per bushel do not apply.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 17

Again, some States and cities have laws or regulations as to the

marking of fruit and vegetable baskets. The regulations under the new law provide for a method of marking to show compliance with

the law if the manufacturer desires. It has been held that if this

method of marking is adopted the local requirements are inoperative.

Nor can a State or city forbid the use of a basket of a size estab- lished as standard by the law or set up for baskets dimensions differ- ing from those approved by the Secretary of Agriculture.

I referred to the regulations prescribing a style of marking containers under the law. The law contains no provision requiring

manufacturers to stamp their baskets as to capacity. It was felt, however, that a manufacturer who had had his specifications approved by the department should be allowed to mark his baskets

in such a way as to indicate that approval had been received.

Accordingly, in the regulations issued under the law we have provided a method by which a manufacturer may mark his baskets if he wishes to do so. Each manufacturer has been assigned a number,

and the approved method of marking shows the number, below it the letters " U. S.," then the capacity. We are suggesting that these

letters and figures be at least three-eighths of an inch high. We

are inclined to think that most of the manufacturers will take advantage of this method of marking. When specifications of all manufacturers have been approved and numbers issued we expect to publish a list showing each manufacturer's number so that it will

be possible for local officials to secure a copy of such a list, and

thereby identify the manufacturer of baskets they may pick up, We hope also to issue a circular giving in detail the specifications

approved so as to make it comparatively easy to check each manufacturer's basket. Of course, such a circular can not be issued until we have been able to work out dimension tolerances for each type

and size of basket. Capacity tolerances have been in existence ever

since the issuance of regulations under the standard container act of 1916 and have been promulgated in the regulations under the act of 1928. Dimension tolerances on hampers, round stave baskets, and

splint baskets represent an entirely new field and will not be worked

out and published until we have been able to approve specifications

of practically all manufacturers.

Our policy in the enforcement of the .standard container act of

1916, and the one which we expect to follow in the administration

of the new law is that of maintaining a service organization rather

than a regulatory one. By this I mean that we feel that manufacturers have nothing to gain by making a container of improper size,

that it is, in fact, to their interest to make them of standard size, and

that deviations from the standard are generally the result either of

carelessness or ignorance. Consequently, we feel it our duty to advise

manufacturers not only whether or not their containers are satis- factory as to capacity, but if they are unsatisfactory to tell them, so far as possible, why they are unsatisfactory and what they should

clo to correct them. We are more interested in having baskets right

than we are in securing convictions. However, under this new law we have a sufficient amount of authority to take drastic action if it is necessary. Let me state again that the penalty clause makes it 74737—29 3
18 BUREAU OF STANDARDS

unlawful to manufacture for sale or shipment, to offer to sell, to sell, to offer for shipment, or to ship hampers, round stave baskets, or

splint baskets, either rilled or unfilled, or parts of such baskets, that

do not compty with this act, and that we do not have to prove willful

violation. Furthermore, as we have authority to proceed against

unlawful baskets as well as against persons who violate the act, we

believe that we have ample authority to make things uncomfortable

for anyone who shows a disposition to evade the act. However,

if we secure from the manufacturers the cooperation which we have

had in the past, we do not expect to have to take drastic action.

In conclusion, I wish to say we are directed by the act to cooperate

with State, county, and municipal authorities and that we stand

ready at any time to assist such authorities in any way possible in

matters pertaining to baskets for fruits or vegetables. In turn, we

desire to have the cooperation of State, county, and municipal authorities in bringing their laws and ordinances in line with the

Federal law, thus placing themselves in. such a position that we may

be mutually helpful in our efforts to safeguard producers and

consumers. DISCUSSION OF ABOVE PAPER

The Acting Chairman. There are several copies of the act here

and any one interested can get one of them.

Mr. Rogers. Do I understand that the solicitor of the Department of Agriculture says that the United States standard container

act of 1928, in establishing the capacity of a bushel at 2,150.42 cubic

inches, makes inoperative all State laws establishing weights per

bushel in so far as they affect fruits and vegetables packed in the

containers standardized by this law?

Mr. Carey. Yes. Mr. Rogers. We would like to know whether or not the manufacturers can manufacture containers of other sizes for use in the

State of New Jersey ? Mr. Carey. If the container is a hamper, a round stave basket, or a splint basket, it would be illegal to do so. Mr. Rogers. You also made reference to laws requiring sales by

weight. In New Jersey we have a sale-by-weight law, regardless

of the size of the basket. Can you step in and interfere with that

law, when we are enforcing it without reference to the character

of the basket ? Mr. Carey. Hampers, round stave baskets, and splint baskets must

be of one of the several standard sizes. That is all that we are interested in. If that basket is of a standard size we do not care how

you mark it, but if we come along and find it is not a standard size, we will condemn it. . Mr. Rogers. If a man sells a basket of potatoes he is required by

our law to sell a certain number of pounds, and not a certain number

of quarts of potatoes. Should we ignore the fact that he is not

selling the product by weight if it is in a standard size basket?

Mr. Carey. If the grower is using a 16-quart hamper, round stave basket, or splint basket, he can not be stopped from selling it for a

half-bushel, by any State law requiring weights per bushel.

Mr. Rogers. We"could not stop him?
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 19

Mr. Carey. I think that question is answered directly by the opinion given by the solicitor that* this law makes inoperative all State

laws requiring certain weights per bushel.

Mr. Foley. Then our law is of no use ? Mr. Carey. The facts of the case are that there are a number of

laws that are rendered inoperative under this act. Mr. Foley. We fought for years to get this, and now, if a man

buys a barrel of potatoes and sells 16 quarts for a half-bushel, we can

not make him sell by weight? If he breaks the original package w«

can step in then, can we not ? Mr. Carey. If he is using standard containers, I believe you would

have a hard time under this act. Mr. Sweeney. It strikes me that a man selling directly by weight

is not violating any law and is not amenable to this law as you

read it. For instance, a grocer may put up 25, or 27 or 30 pounds

of potatoes in a basket, and, even though that has somewhat the

aspect of a hamper, if he advertises it at the exact weight contained, I do not think that this act can interfere with him.

Mr. Carey. I believe that is so, but when a grower uses hampers,

round stave baskets, or splint baskets of the standard sizes under

this law, the States can not compel him to sell for a half-bushel a certain number of pounds. The standard container act of 1928 fixes the sizes of hampers, round stave baskets, and splint baskets. Sizes

other than those standards are illegal and can not be made, sold, or shipped, or offered for sale or shipment, filled or unfilled. The act, in establishing the standard bushel at 2,150.42 cubic

inches, makes inoperative State laws requiring a certain number of

pounds per bushel in so far as they pertain to fruits and vegetables

packed in such standard containers. In other words, a State may

not require a certain number of pounds of fruits or vegetables for

a bushel if such fruits or vegetables are packed in standard containers

established by the act. Mr. Schwartz. We have a law which standardizes the sizes of

baskets, known as Chapter 248. Now, if I may be permitted, I would

like to read Section 1 of Chapter 248 [reading :] No person shall sell or deliver, or have in possession with intent to sell or

deliver, any fruit or fruits, berries or vegetables, contained in any basket,

box, or other container, unless such basket, box, or other container shall be of

capacity, in standard dry measure, of thirty-two, twenty, sixteen, eight, four

or two quarts, or one quart or one pint ; provided, however, that nothing in this act contained shall be construed to apply to the sale or delivery, or the pos- session with intent to sell or deliver, of any fruit or fruits, berries or vegetables

contained in any sealed can, jar, or bottle, or which are sold by the barrel, except cranberries, which may be sold in standard crates or barrels, of the standard measure as provided by the act to which this act is a further sup- plement.

Now the question is, does that new law practically vitiate and put

this in the discard ? Mr. Carey. It does as regards the 20-quart splint basket and the

2-quart size of hampers, round stave baskets, and splint baskets.

Mr. Schwartz. May I ask another question? Under the sale-byweight law, can we compel sales by weight or must we accept the

standards as prescribed by the United States Government?

Mr. Carey. I do not think we should confuse sales by weight with

sales involving a specified number of pounds per bushel—if you get
20 BUREAU OF STANDARDS

the distinction. We believe sale by weight is absolutely the most

satisfactory and most scientific method of sale; but I believe, and

Mr. Spilman believes, that to require a certain number of pounds

per bushel is utterly unscientific and untenable. We understand

that Massachusetts, New Jersey, and Indiana are three States that

have laws requiring sales by weight. In Massachusetts the retail sales of fruit and vegetables must be by weight or numerical count

unless those sales are made in the original unbroken container, and

that we feel is just as near right as it can be gotten.

Mr. Foley. Then the Department of Agriculture acquits the State

of New Jersey, doesn't it? Under the law, is the maker to put his name or mark on the containers ? Mr. Carey. This law requires no markings.

Mr. Foley. How will you find the man who manufactures the containers ? Mr. Carey. Of course, the net-weight amendment to the food and

drugs act requires certain markings on containers, but that is dis- tinct from this standard container act, and is enforced by an entirely

different office. Mr. Behrmann. You have to put it on, under the food and drugs

act.Mr. Foley. Suppose I find some slack packages not in accord- ance with the label at a retail establishment. A package is labeled

30 pounds, but I find but 25 pounds. How will I find the original

shipper of that package?

Mr. Carey. As the net-weight amendment to the food and drugs

act requires only that the net contents be shown on the container,

if the shipment originated outside of your State I do not know how

you can find out. If the shipment originated in your State, there

is no reason why your State can not require that marking, and most

States do. Mr. Behrmann. Under the present law the way some packages

are marked is intolerable. However, most of them are marked,

although there are exceptions to the rule which are annoying.

Mr. Miller. Is it not a principle of law that a State can not pass or enforce a law which is in conflict with a Federal law, but that

the State can enforce additional restrictions ? Mr. Carey. We know that in New York they require certain

markings on containers for stuff packed in New York, and the same

is true elsewhere. The States can go far but not in contravention

to a Federal act. Mr. Miller. This Federal act does not require markings of any

sort? Mr. Carey. It does not. Mr. Miller. But a State law requiring markings on a package

would still hold?

Mr. Carey. I believe it would, as far as intrastate transactions are concerned. The net-weight amendment regulates marking in inter- state commerce. Mr. Miller. Our law permits fruits and vegetables to be sold in

standard containers, but requires them to be marked to show the

contents either by volume, weight, or numerical count. That is exactly in line with the Federal food law.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 21

Mr. Ragland. We asked the question whether or not the State

of Virginia could require a certain marking, " U. S. 1 Standard

Bushel," on bushel baskets; and the opinion came back that inasmuch as this act required no marking in interstate commerce we

could not require that. Our law requires dry commodities to be

sold by weight. We also have a provision for original packages,

which requires a statement of the net contents of the package.

Now, suppose South Carolina ships into Virginia some snap beans,

and they come in the individual containers from the grower. Do I understand you to say no markings are required as to the contents ? Mr. Carey. Only in terms of capacity under the Federal food

and drugs act—even the capacity is not required under the standard

container act. Mr. Ragland. There is no objection down my way as to the stat- utory weight. Some large concern may go to the eastern shore of

Virginia and buy the potato crop. It is delivered to the various

stores by weight and it is then sold by weight. Even if it is bought

and sold on the basis of 60 pounds to a bushel, weight is required

all the time. The part of the standard container act is to take care of the commission merchant, when these snap beans vary, perhaps,

as much as 10 pounds in a hamper.

Mr. Carey. I am certainly very glad to see the amount of interest

shown here this afternoon. I do not mind saying, frankly, we have

been so occupied working with manufacturers in the attempt to get

them straightened out as to the capacity of containers, that there

has been little opportunity for delving into the contingencies that

may arise after the law becomes effective and practiced. Some of

these questions have, however, arisen. The fact that the Federal

act apparently nullifies or renders inoperative the State weight-perbushel laws seems to be the most probable cause of future difficulty. It seems to us from the compass of the State laws and the local

ordinances, that eventually some serious questions will arise, and

that this is a matter that might very well engage the attention of

weights and measures officials. Under this law, fruits and vegetables

when packed in standard containers are perfectly legal; then I am

wondering, Mr. Austin, whether in Detroit a seller can be required

to give 2,200 cubic inches instead of 2,150.42 cubic inches for a bushel of potatoes. Some such questions are bound to arise one of

these days and I think it would be well to give the whole matter some consideration. We will work with you.

We have a law to enforce and that is the way it reads, and those

are the premises on which we will conduct ourselves. If you can do us any good or if we can do you any good, do not hesitate to address us. Mr. Foster. Mr. Chairman, I would like to know if it is possible

for the Federal authorities to require a mark as to capacity under

the provisions of this law.

Mr. Carey. No, it is not. We have not that authority. However,

I believe a majority of the manufacturers are taking advantage of

the provision for marking, and in that way a large number of containers will be marked with their identification mark and their

capacity.
22 BUREAU OF STANDARDS

Mr. Rogers. Just one more question. I believe that 90 per cent of

diy commodities are sold by the pound, and that it is unfair to sell them by measure. We think things should be sold by the pound,

b}^ weight, and that it would be well to mark the net contents by

weight rather than volume.

Mr. Carey. It is a good argument and in my opinion the method

would be perfectly workable for local products; but for fruits and

vegetables coming from a distance—a great part of them now do

it would be impracticable. For example, snap beans, which one gentleman referred to, when picked and packed in hampers may

have a net weight of 30 pounds. They are put in refrigerator cars

sometimes when hot—and when they get to their destination the

hampers are mostly not full. A certain amount of evaporation has

taken place and you have a net weight of something less than 30

pounds—it may be 25 pounds. A reduction in weight is bound to occur with almost any perishable product, so, even if the packer

originally puts overweight in a hamper, there is no assurance when

the container reaches the retailer that it contains a certain number

of pounds. The packer could not always put in enough to offset that shrinkage. Thus there is no assurance that when containers of

fruits or vegetables arrive at the retailer's door they will hold the same net weight as they did several days previously when they were

packed.

Mr. Sweeney. I understand you to state that there will be a shrinkage due to atmospheric conditions, and that this necessarily

affects the weight ? Mr. Carey. Yes. Mr. Sweeney. Then in establishing a bushel as 2,150.42 cubic

inches, if there is a shrinkage the buyer does not get what the shipper

claims ? Mr. Carey. No ; but he has a uniform method of comparing what

is in that hamper.

Mr. Sweeney. How about the retailer? You consider only the

manufacturer. The retailer buys 25, 30, or 40 bushels put up in

these standard hampers. He has to break them open and sell them

at retail—he must determine their weight.

Mr. Carey. Yes ; his side must be considered.

Mr. Sweeney. I think the real objection to establishing weights

per bushel was that these varied considerably. One bushel of potatoes might weigh 65 pounds, and from some other State it might

weigh only 55 pounds. Consequently, the retailer who subsequently

sold by dry measure was getting the worst of the bargain.

Mr. Carey. That is the point I was going to make—that the

weights of fruits and vegetables vary with the variety, with the size,

the point of origin, season of the year, and other conditions. The

weight of a bushel of potatoes varies materially, and almost everything else has a variable weight depending upon various conditions.

It is an impracticable thing, as has been determined by the State

of Massachusetts, to set up and prescribe definite weights for fruits

and vegetables.

Mr. Webster. Mr. Chairman, would it be possible for you to have

your office mimeograph copies of this address so that members of
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 23

this conference might have them? I am sure I voice the sentiments

of many members.

Mr. Holbrook. We can arrange to do that. Mr. C. P. Smith. If there are 2,150.42 cubic inches in a standard

hamper, is there anything that could be done to prevent the use of

that as a standard measure ? Could the State prevent that ? Mr. Carey. I can not answer that. Mr. C. P. Smith. That is a proposition that we now face. Can

a man use that hamper and sell the contents as a bushel, and thus

fail to deliver 60 pounds to a bushel of potatoes, for instance?

Mr. Carey. Under the law he would be able to sell that hamper

for a bushel of potatoes. In certain places they require a bushel

and a quarter by volume as a bushel, but under the act it is pro- vided that 2,150.42 cubic inches constitutes a bushel. If a man sells a hamper full of potatoes for a bushel, my understanding is that

he is perfectly within his rights in doing so. Mr. C. P. Smith. The State has said that for a bushel or halfbushel there must be a certain weight, but that is ruled out ? Mr. Carey. I would think so. I do not know. I want to make

this suggestion before I forget it because there might be answers made here extemporaneously that are erroneous—when you have a question pertaining to this law write in to us and we can get for

you an opinion from the solicitor which will be unequivocal. I believe you have questions which should be answered in this way

rather than to take my personal opinion, which may be far from

being a legalistic one. Mr. Sweeney. I notice that in this pamphlet containing the

standard container act you have put a slip which reads

:

The solicitor of the department (of Agriculture) has expressed the opinion that the United States standard container act of 1928 in establishing the capacity of a bushel as 2,150.42 cubic inches (section 1 of the act), makes

inoperative all State laws establishing weights per bushel so far as they affect fruits and vegetables packed in the containers standardized by that law. That just applies to these standard containers for fruits and vegetables, and does not apply to the containers standardized by the

1916 act? Mr. Carey. It applies to fruits and vegetables packed in standard

containers as specified in the standard container act of 1928. Mr. Davis. In our State a bushel box for apples contains 2,173.50

cubic inches; we have established weights per bushel, and the law

requires for a bushel of apples, 48 pounds.

Mr. Carey. One answer to your question is that your requirement

of 2,173.50 cubic inches for a bushel may be all right for a box or

tub, but for hampers and round stave baskets or splint baskets that

statute would be inoperative because the Federal law expressly specifies 2,150.42. Now, if containers other than standard containers are used they must not be in the form of hampers, round stave baskets, or splint baskets, since these must be of the sizes enumerated in this

law. Containers other than these are not affected by this law.

Mr. Hagland. Did I understand you to say that there may be

shrinkage and it did not make any difference whether the container was filled or not? In my section we ship lots of turnip tops—they

shrink, and the hamper will not be full at destination. I judge from
24 BUREAU OF STANDARDS

your interpretation that the fact that it is a standard container

destroys any interest that I may have as to whether it was filled or

not.Mr. Carey. You can not get away from the fact that fruits and

vegetables do shrink after packing and that is the reason why in a very great many instances, the commodity is heaped above the top

of the basket when the container is originally packed. The shipper

tries to put enough in, in addition to a bushel, so that it will take

care of the shrinkage that will naturally occur. Mr. Eagland. Is it the intention of the Department of Agriculture to make any tolerances in respect to these hampers and baskets ? Can tolerances on filling the containers be established or how can we

control partial filling?

Mr. Carey. There are no tolerances except for the capacity of

the container. In the case of a bushel the tolerances are 25 cubic

inches in deficiency and 50 cubic inches in excess, when filled to the

top.

Mr. Behrmann. Do I understand that you can ship in other containers than the standard?

Mr. Carey. You can if you use containers of other types.

Mr. Behrmann. Then why the law?

The Acting Chairman. This interesting discussion has brought

out that it will be incumbent on weights and measures officials to study the law before it becomes operative, so as to foresee some of

the difficulties and enjoy that privilege indicated by the speaker of

writing to the Department of Agriculture for some official determination.

STANDARDIZATION OF ICE-CREAM CANS, BRICK MOLDS, AND

CARTONS

By Ridgway Kennedy, Chairman, Simplified Practice Committee, International

Association- of Ice Cream Manufacturers

Mr. Chairman and gentlemen, the Simplified Practice Committee

of the International Association of Ice Cream Manufacturers, during 1928, conducted a survey of the number of bulk ice-cream cans

of standard capacities in use throughout the country.

We found there were as many as

Eleven 5-gallon cans of different dimensions. Thirteen 3-gallon cans of different dimensions. Ten 2-gallon cans of different dimensions. Eight 1-gallon cans of different dimensions. Now, as the general use of mechanically refrigerated cabinets

throughout the industry has, to a large extent, standardized the use

of the 5-gallon cans, we felt it unnecessary to consider the 2 and 3 gallon cans, as most of us are no longer placing orders for these

sizes and are merely using those we have until they are worn out

and can be discarded.

Replacements are almost entirely made with the 5-gallon size, and

as 1-gallon ones are used largely for home orders, we decided to confine our attention to these two capacities. We found in the 5-gallon cans two general types, commonly known as the tall and squat
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 25

types. We decided upon a set of standard dimensions for these two

classes, so that those who have cabinets to fit the tall or squat size would not have to change their cabinets. A set of dimensions for

the 1-gallon can was also decided upon.

At this point the advantages of using a 2y2 -gallon can, two of

which can be placed, one on top of the other, in the same cabinet

hole that was designed for a 5-gallon can, were then discussed. The

advantages of this can were of sufficient importance that we de- cided to recommend sets of dimensions for them to fit the squat and

tall 5-gallon cabinet holes. At this time I would like to read the report of the chairman of

the Simplified Practice Committee, during 1928, F. J. Bridges, of

the Hydrox Ice Cream Co., Chicago, to the international association,

presented at the Cleveland convention : When the Simplified Practice Committee was appointed by your officers,

it was done with the feeling and definite knowledge that the application of simplified practice to the business of the members of the International Association of Ice Cream Manufacturers would be as beneficial as its application

has been to many other lines of business throughout the country.

The idea, of course, is not new. It has been a definite part of the program

of activities of the division of simplified practice of the Bureau of Standards

at Washington for several years. While it may not be possible to show as large savings to the ice-cream industry as has been possible in other industries, the history of which, no doubt, you are familiar with through bulletins sent out by the Department of Commerce, as well as the attention accorded simplified practice by various trade papers and magazines, we are confident that satisfactory savings can be assured to the ice-cream industry by accept- ing simplified practice as a principle and adopting those changes in our pro- cedure and equipment that from time to time are shown to be of definite value

to the industry.

The first subject this committee has applied itself to is ice-cream cans. The work that we have done in this connection may have appeared to some of our members more like standardization than simplification. However, the thought actuating our activities in the can situation was, first, the simplifica- tion of manufacture as we felt them, and our feeling was borne out by the can manufacurers, that definite savings might be accomplished in the manufacture of ice-cream cans if all of the can manufacturers adopted the same

dimensions for the various size cans. In our meetings with the representatives of the can manufacturers we found

them whole-heartedly for such a reform, and at one of our meetings attended by all of the larger can manufacturers, samples of the various sizes manufactured were submitted by each manufacturer and compared as to dimensions,

weight, type, and general desirability. The variations in dimensions were

even more marked than we had expected, it being a fact that no two can manufacturers were manufacturing cans of exactly the same dimensions. After some time spent in comparing the cans .and discussing the different dimensions,

in all of which discussions the can manufacturers showed a splendid spirit of cooperation and give-and-take, we arrived at our conclusions which were made

the basis of the preliminary report which was sent to the members of the

international association. There is very little for your committee to add to the report and recom- mendations which were sent to you. We believe if this report is approved

by the membership, it will mark a definite step in the progress of this industry, which is rapidly taking its place as one of the major industries of the

world. We presume that this committee will be continued, and that it will apply itself this coming year to other subjects affecting our industry and within

its scope, which we hope will meet with your continued support and approval.

The. conclusions arrived at by your committee as to can sizes are as follows: I will not read the dimensions agreed upon for each size, but state that we recommended two sets of dimensions for 5-gailon cans; two
26 BUREAU OF STANDARDS

sets of dimensions for 2^-gallon cans, namely, the high type and

the squat type ; and one set of dimensions for 1-gallon cans. In conclusion, Mr. Bridges stated:

This report and the recommendations of can dimensions were adopted by

the unanimous vote of those present. I trust that you will give careful consideration to this matter and adopt the sizes of cans as recommended by this committee. You, of course, will continue to use the present sizes that you have

in use in your business until they are worn out, and then you can put the new

sizes into effect on all the new cans you are ordering for replacement, and as time goes on these sizes will come into 100 per cent use. Now, the advantage of this simplication will result in less investment in

dies and equipment and in stock of so many sizes for the can manufacturer

and in his being able to get greater economies into production on larger runs

of each standard size, with the result that the cost of cans should be reduced

to the ice-cream manufacturers. For this reason, your Committee on Simplified Practice trusts that you will adopt the standard dimension cans that they have

submitted and were adopted by the international association. A motion was then presented adopting the recommendations and

sizes proposed in the report, and was passed by a unanimous vote. The effect of this will be that all new cans ordered for replacement

in the future will be of standard dimensions.

Now at this point I would like to present to you the advantages

of the 10-quart or 2%-gallon can, which have led to its adoption

very largely in connection with the mechanically refrigerated

cabinet.

As the advantages of the 2%-gallon can are dependent upon its use in mechanically refrigerated cabinets, I would like to give you

a brief history of what took place in our business in the period of

changing from ice and salt cabinets to the mechanically refrigerated

ones. I would like to explain at this point that we use what is known as the " order system " in the delivery of ice cream in Philadelphia,

against what we know as the peddling system, that is in general

practice in most other cities. Our ice-cream dealers are called on

the telephone by our telephone order clerks between the hours of 8 and 12 in the evening to receive their orders for ice cream to be

delivered the following day, while in most cities the ice cream delivery man loads his truck with the amount of ice cream which he

3xpects his dealers will need when he arrives at their stores. The

result is that with our order system the dealer must anticipate the

amount of ice cream of each flavor that he will sell from the time he

is called by our order clerk until the driver arrives the following

day. With the peddling system the dealer does not have to do any more than look into his cabinet when the driver arrives and then

order enough cream £o fill up the cabinet.

Under the old system of using ice and salt cabinets our dealers were in the habit of placing from 8 to 10 cans of 2, 3, or 5 gallon

size in what we call a 6-hole cabinet. They did this in order to take

care of the partly empty cans and to replenish their supply and make

room for the full ones. It was possible to do this in our ice and salt cabinets, because we did not use any metal cylinders or partitions,

which make a separate space for each can to sit in, so that the dealer

by putting the cans closer together, or staggering them, could put a

greater number of cans in an ice and salt cabinet than its rated

capacity.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 27

When mechanically refrigerated cabinets came into the field, the

problem had to be faced as to how the dealer could put a full can

of ice cream in the cabinet holes when from 1 to 10 quarts were still left in the 5-gallon can already in the cabinet. We decided to copy

the system in use in Milwaukee of using 2y2 -gallon cans that were

equal in diameter to the 5-gallon cans and one-half their height,

which will allow two of them to be placed in each 5-gallon hole. By

doing this the dealer could order 2% gallons of each flavor and place

the full can in the bottom of the cabinet hole and the partly filled can on top of it. This has the advantage of increasing the number of gallons of

ice cream the, dealer can keep in a cabinet of a given number of

holes, under regular operating conditions, because if he uses 5-gallon cans and has 2, 3, or 8 quarts left in each one, he can not put a full one into the hole until the 5-gallon cans are empty.

The dealer appreciates the value of the increased storage capacity

and the ease with which the cream may be dipped from the top

can, with less reaching down into the bottom of the cabinet hole. When the top can is empty the full one can be lifted up from the

bottom of the hole and the empty one placed in the bottom and the

full one placed on top and the cream is still in the upper part of the

cabinet hole in more convenient dipping position.

This arrangement has the added advantage of keeping the ice cream fresher, as the dealer can order twice as often in the 214-gallon

size as he would in 5-gallon cans. We consider this a very important

matter in the sale of ice cream. That ice cream, like all dairy

products (other than cheese) does not improve with age and is better

flavored and smoother when fresh made, is generally understood by

every one in the industry.

This is the reason I want to stress this important advantage of

using 2%-gallon cans over 5-gallon ones. Many small customers,

such as restaurants, cafeterias, etc., if they are purchasing ice cream

in 5-gallon cans, are serving your product a week or 10 days old,

while if it were possible for them to buy in 2i/2-gallon cans they

would have their supply replenished just twice as often, and consequently, the public will eat your product in fresher condition.

The 2%-gallon can, on account of it only being one-half the height

of the 5-gallon can, can be, and is, made out of one piece of metal,

drawn in dies in such a way that there is no joint at the intersection

of the side wall and bottom, making it practically impossible to leak

or for the solder in the joint to open up and leave an unsanitary

place for dirt or ice cream to accumulate and contaminate your

product. Being made of one piece, there is no side seam either, as there are in some types of 5-gallon cans. The 2%-gallon cans with flat lids and no handles on them lend

themselves to perfect stacking in the hardening room and in the

ice cream truck. We find that we can stack nine 2y2 -gallon cans, one on top of the other, in the same height in a hardening room as four 5-gallon cans. This is due to the 5-gallon can having the bottom set up to allow for the bottom rim. The one-piece 2V2 -gallon cans are 9% inches in height and the 5-gallon cans are 18% inches

in height. The top 2%-gallon can in a pile nine high is easier to

lift down than a 5-gallon can on top of a pile four high, because of
28 BUEEATJ OF STANDAEDS

the lighter weight. I might also add that we use flat lids with the

edge flared out so the dealer can catch hold of them to remove them

easily.

In the filling of 2%-gallon cans our freezer men, when drawing

the cream, have been taught to open the freezer gate and fill the

100-quart runs of cream without shutting the gate. This is done by

quick manipulation of the cans under the stream of ice cream flowing

out of the freezer. With a little practice, the freezer man has be- come trained to fill each can with the proper amount and not spill

any of the ice cream over the sides of the can or on the floor. It usually takes 1 minute and 15 or 20 seconds to fill 100 quarts of

ice cream into 10-quart cans. The same time is used to draw 100

quarts into 5-gallon cans as the gate of the freezer is closed after

filling each can of this size, because the 5-gallon can of cream being

twice as heavy can not be readily moved over with one hand, and

the next empty one moved into position, under the flowing stream

of cream discharging from the freezer. We have tried to get our

freezer man to fill the 5-gallon cans without closing the gate on

filling each can, but find that he must use two hands to lift the 5-gallon can, as it is entirely too heavy for one. The last advantage we found in using the 2%-gallon can was a greater freedom given to each dealer to order the proper quantities

of each flavor in proportion to his sales. If he sells more vanilla or chocolate than peach or pineapple, he can carry an extra can of

vanilla or chocolate and put it in the cabinet under the can of the

slower selling flavors. Now, I understand there are laws in force in several States that were adopted to protect the public against fraud and short measure

that prevent the use of this size can because it is not of even gallon

capacity. This size can is not adapted for use on orders delivered to private homes, and is only designed for use in connection with iceless cabinets. Its advantages, which I have just indicated, are so ap- parent to those in the industry who are using them that we hope we may have your cooperation and support in doing whatever is neces- sary to make it legal to use these cans in territories where they are now unable to do so on account of regulations in force. You will notice by examining the cans that I have here that the

2%-gallon can is of the same diameter as the 5-gallon one, and only

one-half its height. Two of them—one on top of the other—occupy

the same space as the 5-gallon one, and so both fit in the same cabinet hole as the 5-gallon one. Note the difference in general dimensions from the old 2 and 3 gallon cans so there can not be any

deception to the eye or mistaking one for the other ; thus there can

be no objection to the 2%-gallon can from this standpoint.

This year the committee has devoted its attention to a study of

the 2-gallon brick mold dimensions and cartons for hand-packed

quarts and pints, and the quart and pint machine-filled cartons. Our investigation discloses the same condition exists with molds and

cartons as with the can sizes, and many different molds and cartons having the same capacity, but of widely varying dimensions are being used.

We held our preliminary meeting at the office of the Dairy and Ice Cream Machinery and Supply Association (Inc.), in New York City,
TWENTY-SECOND CONEEBENCE ON WEIGHTS AND MEASURES 29

on Aprii 3, 1929. A questionnaire was prepared and sent to the

membership on the sizes of cartons and molds, and gallonage handled

in each size. The result of this questionnaire will indicate the important sizes for us to consider. Our next meeting will be held in Washington, at the division of simplified practice, of the Bureau of

Standards. We have had the cooperation of W. E. Braithwaite, of

the bureau, in our work during 1928, and again this year. F. S. Holbrook, of the Bureau of Standards, is also lending us great help

in the matter of checking the proper capacity of these containers.

We want publicly to thank those gentlemen for their splendid

cooperation in our work.

We decided not to take up the subject of smaller retail packages

than the pint size at the present time, as there are three or four

types in use by the industry at present—rectangular, cup-shaped,

and cylindrical. The use of these in 5, 10, and 15 cent sizes is a recent development in connection with merchandising ice cream, and

their practicability and the public preference has as yet not been

clearly enough indicated to warrant our taking them up with a view

of simplifying shapes or sizes. This matter will be left for future

consideration of this committee.

In conclusion, I sincerely hope that I have been able to present

to you a clear picture of the work that is being done by the Inter- national Association of Ice Cream Manufacturers to standardize and

simplify the number and size of containers through which our product is handled, and to assure you that you may expect from us, as individuals, complete cooperation in matters of mutual interest. RAISING THE STANDARD FOR LOCAL WEIGHTS AND MEASURES

OFFICIALS

By Albeet B. Smith, Chief, Bureau of Standard Weights and Measures,

State of Pennsylvania

Mr. President, members of the National Conference, and guests, the

subject assigned to me is a very delicate one—one I will endeavor to present to you from two different angles. First, conditions as I have seen them during my brief two-year connection with weights

and measures work in jurisdictions wherein the State controls and

has exclusive jurisdiction over all inspectors within that Commonwealth—I refer to those States wherein the inspectors are appointed

and their salaries paid by the one State agency in control of the

work; and second, conditions in jurisdictions throughout the United

States wherein the inspectors are appointed and their salaries paid

by the several municipal subdivisions thereof and where the State

government, through its department of weights and measures, has

nothing but cooperative jurisdiction over the local inspector, but

has concurrent jurisdiction as well in the enforcement of the law.

As to the first classification under consideration, I need not call the attention of any one here present to-day to the vital importance

to the public generally of weights and measures supervision. That

question is well settled and is paramount in the minds of everyone

of 3^ou here present to-day. From information which I have been

able to gather, the efficiency of the inspectors in the class now under

discussion is of a high type. The personnel of this class are well
30 BUREAU OF STANDARDS

paid for their services and they are generally conscientious, hard

working, and well qualified for the work to which they are appointed.

In some jurisdictions, civil service, state-wide, prevails so that these

men have no apprehensions as to their tenure of office. This condition alone is such as to create an interest in the work of the

inspector, which is highly commendatory. Where civil service does not prevail the appointments are tinged with considerations of political preferment and there is the likelihood of an inefficient man

receiving an appointment as an inspector of weights and measures, whose tenure is safe during the political life of the appointing power.

Generally, where such conditions prevail the appointee is interested

only in drawing his salary and in serving in a political way the

power to which he owes his appointment. The question then arises as to how this condition can be met or overcome, and I take it that

this only can be done under conditions where high-class, nonpartisan

civil service prevails. Under conditions which I have just described,

the superintendent of weights and measures of the State can scarcely

control the activities of that appointee.

Now, as to the second classification heretofore referred to, namely,

in jurisdictions where the inspectors are appointed and paid for

their services by the local municipalities employing them and where

the State authorities have concurrent and cooperative jurisdiction

only, a different condition arises and prevails, and what I am about

to say now will refer to conditions as the}^ will be found in the

State which I have the honor to represent here to-day.

In Pennsylvania there are two classes of inspectors, namely, those

who are appointed by the county commissioners of the several

counties within our Commonwealth, and, secondly, those who are appointed by the mayors of first, second, and third class cities. It

is quite true that the inspectors appointed by the cities are very well

compensated for the work which they do, and any lack of efficiency

which might arise amongst that class of inspectors could not be

attributed to insufficient compensation. If there is any inefficiency

amongst this class, it can be attributed to the fact that some of

them have other interests which engage their attention and to the

further fact of their allegiance to the political power which ap- pointed them. This condition does prevail in some parts of our

State. On the other hand, in most of the counties of our great State,

the county commissioners, in their anxiety and zeal to keep the cost of county government as low as possible, try to get the work done

as cheaply as possible, and I am sorry to say that the commissioners

in some of our counties have no interest whatever in serving their

constituents along the line of protecting them from false weights

and measures. Some of them advertise for bids for the work in an effort to keep down the cost. Some commissioners advertise for

bids annually in order to secure men who will do the work cheapest, although the political tenure of office of said commissioners is for four years. By this system a county will have four inspectors

in four years and if the successful bidder attempts to deliver any

quid fro quo for the amount of his bid, he only begins to learn

the work when he is supplanted by another inspector appointed
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 31

for the next year, and so on, and so on. I leave it to every gentleman here to-day to judge as to the efficiency of that method of

administering weights and measures work. It can be seen from this

angle that the commissioners, b}^ the method of annual appointment and a different appointee annually, are able to reward politically four of their constituency who were active in securing the elec- tion of these commissioners. I have in mind one of our counties

advertising for bids, and receiving a tender of service for $218.14

per annum. This stipend was not even sufficient to enable this

gentleman to cover his county once a year, he paying his own ex- penses, if you please, and I am positive that when that appointee,

if interested next year in the work, is permitted to bid for the job

his figure will be very, very much higher than the one under which

he received his initial appointment. What is the remedy ? Is there

any remedy ? It would in the first place, be impossible to pass any legislation

in our State placing local inspectors absolutely under State control—I mean by that, the appointment made by the State, the work

supervised by the State and the salaries paid by the State. So that

phase of the matter is entirely eliminated from this discussion.

On the question of civil service, the constitution of our State prohibits civil service with respect to counties and the situation along

this line can not be considered from this angle. However, civil service does prevail in cities of our State of first, second, and third

classes, and conditions such as I have described could be remedied

and cured if civil service were strictly adhered to. Is there, therefore, any way out of our dilemma ? That was the problem which

confronted me when I entered the State service under the bureau

of standard weights and measures at Harrisburg two years ago. The matter gave me a very great concern and I set about to relieve

the situation as best I could.

The bureau over which I have charge inter alia has 12 deputies,

and I personally assigned a certain number of counties to each

deputy with instructions to form a personal contact with each in- spector within his territorial limits. These deputies go along with the local inspectors and instruct

them in the work in which they are engaged and have been able in some instances to get the local inspector to submit to the deputy,

a monthly report of his activities. Furthermore, each deputy calls an annual conference of the men in his district at a point as central as possible, in the respective territories, at which conferences

I attend and matters relating to all phases of the work are there

and then discussed. The local men, indeed, have taken such an in- terest in these conferences—always accompanied by a nice luncheon

that I have no hesitancy whatever in recommending to every State

weights and measures official here to-day the adopting of this

method of getting in close personal contact with every man in the

field and of endeavoring to interest him in his work. I am able to learn at these conferences all of the troubles of the inspectors and

notes are made thereof; afterwards I personally use my best efforts to iron out the troubles which the local men have. For instance, a number of them are dissatisfied with the salaries they receive and

appeal to me to use my best efforts to have same raised if possible.
32 BUREAU OF STANDARDS

I get in toucli with the local authorities and endeavor to impress

upon them the great importance of the work which these men do

and that the laborer is worthy of his hire. I am happy to say I have been able to help some of our local inspectors along the lines

just noted. The sole question of efficiency as I take it, depends

upon the interest which the local man takes in his work and if personal touch with the inspector can be had and he is properly

handled, his work will grow better and better and his efficiency

therefore is increased.

Another phase of interest I find, to get the local men interested

is to have an annual State convention, and use every endeavor to have each one of these inspectors present at at least a 3-day ses- sion with a high-class program—and an entertainment on the side

which we have found greatly increases the interest of the inspector

in his work. Of course, you can not get them all to these conferences because either they personally can not afford the expense or

their employers will not advance or reimburse them for their ex- penses incident to such a convention. But I am happ}^ to say that

contact with the commissioners in a proper manner will go a longway toward this end. I have been very successful along these lines. Efficiency, as I stated before, consists of the interest which an

inspector will take in his work, and the interest which he will take

in his work is governed largely by the compensation which he re- ceives therefor. We have a provision in our law by which a county

and a city can jointly employ an inspector, subject to the approval

of our department and each paying part of the salary of the in- spector. I have been instrumental in bringing about such a condition within the last year in four or five counties in our State where

the city man was not fully compensated for his work and where

the county man was compensated even to a less degree. I was able

to make those two subdivisions come together and employ one man

at a salary which was satisfactory to everybody in interest. I have

also been able within the last year to persuade four or five thirdclass cities in our Commonwealth which did not appoint inspectors

of weights and measures, and whose jurisdictions were not supervised by the county inspectors, to appoint men to do this work at salaries which were more or less attractive, and in this way we are getting results from those third-class cities from which results had

not been obtained before.

The whole question is most important and difficult of solution

and is one which will have to be handled by each of you gentlemen

here present from the several States of the Union according to the

conditions as you find them locally.

Summing up, we have : First, States where the work is in full control of the superintendent of weights and measures of that State,

where efficiency generally prevails amongst the inspectors, and

where, if there is laxity, relief I take it can be had only under State

civil service. Second, States where conditions prevail as they do in Pennsylvania and which I have just attempted to describe, wherein the relief

lies in personal contact with each local inspector, along the lines which I have just mentioned, namely, by endeavoring to get, through

the local officials, the salaries of the men increased at least to a
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 33

comfortable living wage ; by such contact with the various municipal subdivisions whereby additional men can be put to work at fair wages in some cases ; and in other cases by doubling up or consolidating, as it were, eliminating the services of one man and combining the work of two.

Personally, I favor and recommend complete State control and

would advise you representatives here to-day to endeavor to get

your legislators so to place this work in the interests of efficiency,

which is so much desired and which the public is commencing to demand.

I trust I have been able to make myself clear on the subject under

discussion and would be very glad, indeed, to answer any questions

which any gentleman here present may propound.

Mr. President, members of the conference, I thank you.

NATIONAL SCALE MEN'S ASSOCIATION BULLETIN NO. 1, ON

REPAIR OF HEAVY-CAPACITY SCALES 5 By G. F. Hawkinson, President. National Scale Men's Association The subject of this paper concerns a matter handled at the last annual meeting of the association at Milwaukee, April 9 to 11,

1929, of first-ranking importance in weights and measures work.

The National Scale Men's Association might be said to differ from this conference in one major respect. Some editorial writers on matters pertaining to human intercourse would have us believe

that for reasons which need not be mentioned here the American

public consists of two principal divisions—one division whose busi- ness it is to catch somebody doing something, and the other division

trying to keep from being caught.

Such a writer viewing with a cynical eye the activities of these

two organizations might classify the national conference as a group

of individuals organized to improve their facilities for catching

somebody, and the National Scale Men's Association as a group

organized to develop avenues of escaping the machinations of the

former.

To be sure, the underlying motives of the respective organizations

are not those just outlined. Certain it is, that each organization

with its own interests in mind and with the facilities at its command

endeavors to attain the same end, namely, insuring the confidence of

the public in commercial transactions in which weights and measures

service is involved.

Thus, it happens that the National Scale Men's Association, an

organization of practical workers in the manufacture, distribution,

operation, and maintenance of weighing machinery, found itself in

a situation demanding self-discipline of a sort, and regulation of

business peculiarly its own, and with which the subject of this paper

is concerned, namely, the trade practices in the repair and overhauling of heavy-capacity scales. I think it unnecessary to outline the

past deficiencies in those trade practices. Certainly they must have

been obvious to all who have had anything like intimate contact

5 In the absence of Mr. Hawkinson, this paper was read to the conference by Harry M.

Roeser.
34 BUREAU OF STANDARDS

with weights and measures control. Perhaps we have been remiss

in not swinging the mailed fist sooner; however, be that as it may, we have swung it now. If our hopes only approximate consummation the comfort with which members of the conference pursue their

daily official affairs should be materially improved. We, therefore,

bring the subject here in order that you be not deprived of whatever

joy may be found in such anticipation, and also because we desire

to leave it with you as a monument to our sincerity of purpose.

By action of the association at its annual meeting held in Chicago,

March 6 to 8, 1928, a committee was formed and instructed to pre- pare a set of specifications covering the repair and overhauling of

heavy-capacity scales for presentation at the 1929 meeting. This was done, and the specifications adopted. The unanimity of opinion was not striking, but the approval was obtained after some rather

adroit parliamentary procedure. The committee was continued and

instructed to act on criticisms received, the purpose being to offer re- visions that may seem, advisable at the next meeting.

These specifications, reprinted from the current number of the

Scale Journal, have been distributed among you. I will not read

them in detail, since, if interested, each of you can do that. I would

like, however, to point out what might be considered some striking

innovations in scale specifications

First, Section II, paragraph 6, which prescribes the accuracy of

setting pivots in terms of lever multiple.

Second, Section IV, paragraph 1, which prescribes that worn beams

shall be repaired only by milling.

Third, Section VIII, which prescribes tolerances on the performance of repaired scales. This section is considered unsatisfactory as regards the sensibility reciprocal. I do not agree with the criticism

that has been made of it, but will probably have to defer to the

judgment of my colleagues.

We would like the conference to take official notice of these specifications. We intend to eliminate practices obviously incompetent,

surviving the wooden weighbridge and bottle-weight days. Further,

to be more ambitious, our intention in this and similar future publications is to establish creditable trade standards that will attract capable and intelligent personnel into this field of activity.

Perhaps your policies do not permit you to become over enthusiastic about matters of this kind. Cooperation is a thing much

spoken of by many who have scant conception of what it means. We do not ask particularly for cooperation because we feel that,

perhaps, we are not in position to do as much for you as you may

be able to do for us. We prefer, then, to ask you outright to give

us something, namely, an expression of formal opinion by resolution or otherwise concerning this line of effort. Such will serve a useful

purpose in our foundation of the work, and if, in addition, you can

see fit to give us the benefit of your counsel, that will be appreciated

greatly. We hope, therefore, that you give us this consideration, in return for which we can at least offer you the assurance of our

sincerity in seeking, by mutual assistance, the successful culmination

of mutual lines of effort.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 35

ANNOUNCEMENT

Mr. Holbrook. Mr. Chairman, if I may make an announcement at this time I will say that four reports of the Committee on Specifications and Tolerances are now in mimeographed form and are available on the desk in the hall, and if you will pick those up on your

way out and study them before they come up in the conference it may

expedite the action on them. One is the report on modification of

specifications for liquid-measuring devices and another the report of

the Committee on Specifications and Tolerances on grease-measuring

devices, both of which will come up Thursday. Then there are two

other reports, one upon liquid capacity measures and another upon

milk bottles, which are also available.

(At this point, at 4.17 o'clock p. m., the conference adjourned to meet at 10 o'clock a. m., Wednesday, June 5, 1929.)
THIRD SESSION (MORNING OF WEDNESDAY, JUNE 5,

1929)

The conference reassembled at 10.15 o'clock a. m., at the Bureau of

Standards, Dr. George K. Burgess, president, in the chair.

REPORT OF THE SECRETARY OE THE CONFERENCE, E. S. HOLBROOK

Mr. Chairman and gentlemen, it has been several years since the

secretary of the conference has made a report as such, although he

has been under the necessity of making a very great many reports

upon other matters. However, it seems advisable this year to present

briefly a resume of the State legislation that was introduced throughout the United States during the year last passed. Each of you is, of course, familiar with the bills introduced in your own State, but

the opportunity is not given you to get a picture of what the weights

and measures officials of the country, and others interested in weights

and measures, are thinking about collectively, as pictured by the

legislation which is introduced in the various legislatures. The subject is a dry one at best. Especially would this be the case were we

simply to make an alphabetical list of the States and outline the

provisions of the bills introduced in each. Perhaps it will be of

somewhat more interest if we group these bills under headings indicating their general purport and thus indicate to you, very briefly,

what States have proposed bills of the types described. A few bills of strictly local interest will be omitted from the discussion.

Administrative Matters Establishment of Departments of Weights and Measures. Effort was made on the part of three States, namely, Delaware,

Maryland, and North Dakota, to establish State supervision of

weights and measures, and thus bring themselves into line with those

States which are now directing the weights and measures work within their borders. Unfortunately, only one of these bills, that of

Xorth Dakota, was successful. This new law in North Dakota creates a department of weights

and measures under the jurisdiction of the State food commissioner.

The law provides that this official shall have supervision and control over all weights, weighing devices, and measures in the State, provides for the employment of an expert scaleman, deputies, and other

employees, and abolishes the duties imposed by former law on the

sheriffs of the various counties in relation to the inspection of

weights and measures. A fee system is provided, and the intention

is expressed in the law that the department shall be self-supporting

from the fees imposed. The main sections of the law defining the

powers and duties for carrying on the inspection work follow, in

general, similar provisions of the model law adopted by this con- ference ; but the law as enacted, together with existing laws relating

36
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 37

to weights and measures, is not as broad in its scope as the model

law. For instance, the sections of the model law relating to the

sale of thread, coal, butter and oleomargarine, to bottles for the sale of milk and cream, and to the standard barrel, are not included.

The proposed law in Delaware was a comprehensive one, following, in general, the model law adopted by this conference. The

testing engineer of the State highways department was designated

in the bill as the State superintendent of weights and measures. The

proposed law authorized him to employ not more than three inspectors at a salary not to exceed $1,800 each.

In Maryland, the bill proposed to create supervision of weights

and measures throughout the State, except in the city of Baltimore,

where the existing system was to be retained. The bill provided

for a State superintendent of weights and measures, a deputy superintendent, and 12 inspectors. The provisions of the old law requiring the county commissioners of the various counties to appoint

county inspectors was to be repealed. The new personnel was to be

appointed by the State board of agriculture from eligible lists pre- pared by the State employment commissioner. The sections of the

proposed law followed, in general, corresponding sections of the

model law adopted by this conference, but not all subjects were

covered.

Consolidation with Other Departments.

Two bills were introduced in the Wisconsin Legislature for the

purpose of consolidating several departments, including that of

weights and measures, but we are not informed as to the final out- come of these proposed measures. Under one of these bills the department of weights and measures would be included in the department of agriculture, and under the other in the bureau of public

safety. By the terms of the latter bill all of the inspectors of the

weights and measures department would.be State police officers. Their primary functions would be that of policemen, but when not

so engaged, they would perforin other duties, including weights and

measures work.

Licensing".

The law in North Carolina prescribing fees for the test of in- dividual pieces of apparatus was replaced by a law levying an annual

license tax upon the business of selling or delivering weighing or measuring devices. It is provided that before any franchise or

license is issued to any manufacturer or jobber, he shall file with

the State department of revenue a statement from the commissioner

of agriculture that his device or apparatus has been examined and

approved by some duly authorized State inspector of weights and

measures in accordance with the general rules apptying to such

devices.

A bill considered in the Texas Legislature, provided for the

giving of correct measure in the sale of gasoline and oil, and the licens- ing of operators of gasoline pumps and charging fees therefor. The

fees were to be credited to a special fund which the commissioner

of agriculture was authorized to use for the purchase of equipment

for the weights and measures division and for salaries and expenses.
38 BUREAU OF STANDARDS

Penalties were provided for the giving of short measure, and for the

third offense the penalty was to be cancellation of the license which

could not again be renewed. This bill failed to pass. A bill was introduced in Michigan for the regulation and licens- ing of dispensers of gasoline, but this failed of passage. A bill was introduced in Vermont requiring the owner of a pump

or other device used for the purpose of dispensing gasoline or oil, to obtain an annual permit. This measure failed to become a law.

Testing" of Apparatus.

A section of the New York law in regard to the sealing of weights

and measures, was amended so as to require the annual sealing of

weights and measures belonging to all pressers of hay and straw

for market, and to hucksters, peddlers, and junk dealers. Another section was added to the New York law which requires

gasoline pumps hereafter installed to be inspected and sealed before

being put into use. A law was passed in Vermont requiring all tank vehicles used in

the delivery of motor fuels to be calibrated under the supervision

of the commissioner of weights and measures and under such regulations as the commissioner may prescribe.

In relation to the repeal by Maine of an act passed in 1919 making it unlawful to sell a scale or measuring device until a scale or measuring device of the same manufacture, type, and kind had been

approved by the National Bureau of Standards, it may be mentioned that it was evident that this law was bound to be inoperative.

No authority has been conferred upon the Bureau of Standards to pass upon types of apparatus, and the bureau did not desire to proceed along these lines without special authorization—even at the

request of a State government.

The law in Pennsylvania relating to the inspection of weighing

and measuring devices was amended, so as to include the inspection

and test of weighing machines and scales installed in places fre- quented by the public, which are intended to indicate the weight

of any person or object upon depositing a coin.

A bill was introduced in Pennsylvania, but failed to pass, which

provided for the checking and testing of liquid-measuring devices,

machines, and meters used for measuring motor fuels. This bill provided that the operator of a liquid-measuring device should test the accuracy of delivery and report the same upon official charts

provided for the purpose. Weights and measures inspectors would

have been permitted to examine the charts and to make such tests as they deemed necessary. A bill to require tank wagons and tank vehicles, used for liquid

fuels usable in internal-combustion engines, to be equipped with

meters or measuring devices, was introduced in the Pennsylvania

Legislature, but failed to pass. Tolerances would have been established by rules and regulations.

A bill was introduced in Vermont to require the distributor of

motor fuels to equip all his delivery wagons with meters and to measure with such meters at the time of delivery the amount of motor

fuel sold. He was also to be required to keep a record of all sales and deliver to the purchaser with every consignment a written
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 39

statement containing the date and the number of gallons. This

bill failed to pass. Weighmasters.

An act was passed in Pennsylvania providing for the appointment of sworn weighers to serve without compensation, and to per- form certain duties in connection with the manufacturing company,

transportation company, merchant, or dealer who requests the ap- pointment of such weighers. These weighers are authorized to weigh for the company or firm by whom they are employed, and

required to take oath to report true and correct weights. A penalty

is provided for violations on the part of the weighers.

A bill was introduced in the Legislature of Washington for the appointment of State weighmasters, but it failed to be reported out of

committee.

A proposed bill in Texas, which failed to pass, provided for the

amendment of various sections of the existing law relating to public

weighers. Under the present law the appointment of public weighers by the governor is based upon the quantity of cotton, grain, rice,

wool, sugar, and other products handled, while under the proposed

legislation the governor was authorized to appoint in each port of

the State and in some other cities as many public weighers as he

thought necessary. Weighers in counties were also provided for. Duties of Inspectors.

An amendment was proposed, but failed to pass, in the Pennsylvania assembly, to change the law relating to the duties of the inspectors so as to require that each inspector furnish to the authority

appointing him a list of the owners of all scales, weights, and measures inspected by him; the period of inspection was intended to be

changed from an indefinite one to at least once in each year.

Civil Service. A bill dealing with some of the principal sections of the weights

and measures law of Ohio provided, among other things, for the

placing of the deputy county sealers of weights and measures under

civil service. This bill passed both branches of the legislature, but was vetoed by the governor and thus failed to become a law.

Retirement.

Bills were presented in New Jersey for the retirement of county

and municipal superintendents and assistant superintendents of

weights and measures at one-half pay, who had reached the age of

60 years and served for a continuous period of 20 years. Provision was also made - for retirement on • account of incapacity. A

contribution on the part of the employees of 3 per cent of the salary was provided for.

Fees. In Maine the fee schedule was amended by increasing the fees on certain types of apparatus, and prescribing fees for the test of

certain apparatus which was not previously included in the schedule

of fees. Changes were proposed in the Nebraska law relating to fees, providing, among other things, for the confiscation and sale of scales on which the license fee had not been paid.
40 BUREAU OF STANDARDS

SALE OF COMMODITIES

Bread. A bill to require the sale of bread in units of 1 pound, iy2 pounds,

and multiples of 1 pound was introduced in Pennsylvania, but failed

to pass. The weights specified were required to be net not more

than 12 hours after baking, and they were to be determined by

taking the average weight of not less than 6 loaves, or 12 loaves

when that number was available. Variations of 1 ounce per pound

under the standard weights were provided for, but no tolerance in

excess was stated. A bill to regulate the sale of bread was introduced in Michigan,

but failed to pass. This bill required loaves of standard weights,

to be net at any time within eight hours after baking. Weights

were to be determined by averaging the weight of not less than

25 loaves of the same unit, when available. A tolerance of 1 ounce

in excess and the same in deficiency was provided.

A bill was introduced in New Jersey to fix standard weights for

bread. Tolerances of 1 ounce per pound in excess or deficiency were

provided on individual loaves, and the average of 12 loaves of any

unit was required to be not less than the weight prescribed for such

unit. This bill failed of passage.

Dairy Products. A law was passed in Montana providing standards of weight and

measure for dairy products, and fixing definitions and standards of

quality. All packages of butter weighing less than 16 ounces are required to be binary subdivisions of the pound, net weight.

A bill in regard to the sale of milk and cream by the butter-fat

test was introduced in Ohio, but failed to pass. It was the purpose

of this bill to add a supplemental section to the code in regard to the sale of milk and cream, providing that the vendor might obtain

a check on the correctness of the vendee's results by applying to the

sealer of weights and measures for a test. It was further proposed

that the results obtained by the sealer should, under certain conditions, be conclusively presumed to show that the vendee's results were incorrect.

Other Food Products. Two bills relating to weights and measures were introduced in

Missouri, one to change the weight of sacks of flour from 48 and 24

pounds to 49 and 24% pounds, and the other to repeal the law re- quiring every sale of grain, seed, hay, or coal to be on the basis of

actual weight. We are not informed as to the outcome of these

bills. A bill was introduced in Pennsylvania to require articles of food,

other than liquids, which are capable of being sold by dry measure,

to be sold by net weight, except when sold in containers fixed by law

of the State or by the United States. This bill was passed by both

houses of the assembly, but was reconsidered by the senate and

referred to the committee on agriculture where it died.

A bill was introduced in New Jersey to replace the present law

in regard to the sale of commodities in package form, requiring the

net quantity of the contents to be marked in terms of weight, measure, or numerical count. The proposed bill aimed to make enforce-
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 41

ment easier than under the existing law, and the tolerances and ex- emptions as to small packages were not required to follow those fixed

under the national food and drugs act as at present. This bill was

unsuccessful.

Another bill introduced in New Jersey was designed to regulate

the sale of ice cream, ices, and kindred frozen products, and to require the sale of such products by weight. It might be noted in

this connection, that while this bill is similar to the one introduced

several years ago by the department of weights and measures of

New Jersey, that department did not sponsor the present bill owing

to the fact that they are awaiting developments and information in

regard to the sale of such products by weight. This bill also failed

of passage. Commodities in Containers.

The milk bottle law of Maine was amended so as to permit the

use of the %-pint bottle. An amendment was made to the Iowa law so as to recognize, in

the sale of commodities for which bushel weights are established,

the use of United States standard containers. This amendment was recommended by the weights and measures department of Iowa after

the passage of the Federal container act of 1928. The only act relating to weights and measures passed by the

legislature of New Jersey during the recent session, was one amending the law in regard to the marking of fruits and vegetables in

crates, baskets, and carriers so as to require the marking of sacks or other containers when used for such commodities.

A bill was introduced in Ohio which was designed, among other

things, to amend the sections relating to hampers, round stave baskets, and splint baskets for fruits and vegetables so as to conform

to the sizes fixed by the Federal standard container act of 1928.

Although this bill was given approval by both branches of the

legislature, it was vetoed by the governor and failed to become a law.

In Wisconsin a bill was introduced to amend the milk-bottle law

by striking out the words, " purchased after this law takes effect." so that the intent of the law with the proposed amendment would

be to subject all milk bottles in use to the requirements of the law.

We are not informed as to the disposition of this bill. Baled Hay or Straw. The law in New York in regard to marking the weight on baled

hay or straw was amended so as to omit the part allowing a deduction for wood of 20 pounds to the bale on bales weighing 200 pounds

and 10 pounds on bales weighing less than 200 pounds.

Timber.

A bill adopting the international log rule was passed by both

houses of the New York legislature, but was vetoed by the governor,

and thus failed to become a law.

Wood for Fuel. A new section was proposed to the Wisconsin laws to require wood

sold for fuel by weight to be seasoned and kept under roof for at

least three months prior to sale. In the case of any other wood sold
42 BUREAU OF STANDARDS

for fuel, it was provided that it be sold by the cord. We are not in- formed as to whether this bill was passed.

In conclusion I desire to express my sincere appreciation to all the weights and measures officials, and others, who by their cooperation in furnishing copies of bills, have made this survey possible.

DISCUSSION OF ABOVE REPORT

The Chairmax. Are there any comments on the report of the

secretary, or does anyone wish to ask him any questions?

Mr. Miller. May I say a word in the way of correction. Indiana was not included among the States that had legislation proposed

relating to weights and measures. We did have one bill introduced,

which would have affected gasoline-measuring devices. Its author

stated that its purpose was to require visible gauges on certain

pumps. As a matter of fact, it was so drawn that its purpose was

not clear. One group of manufacturers said it would eliminate all visible pumps and another that it would eliminate all blind pumps.

It was a very indefinite bill, and never received serious consideration. It was lost in the senate where it was introduced.

Mr. Holbrook. I am sorry the bill did not come to our attention.

Mr. Miller. It was not sponsored, of course, by the department.

WORK OF THE FEDERAL TRADE COMMISSION RELATING TO

WEIGHTS AND MEASURES

By Hekbeet L. Anderson. Chief Examiner, Federal Trade Commission

Mr. Chairman and members of the conference, the Federal Trade

Commission was created in 1914. Its chief corrective powers arise

under the first paragraph of section 5 of the organic act, which reads

as follows : " That unfair methods of competition in commerce are hereby declared unlawful." In a preceding section the word " com- merce" is given its common Federal definition, viz, that commerce among the several States, or with foreign nations, or commerce in

any Territory, or the District of Columbia is included in the act. The law further provides for the issuance of a complaint if the commission has reason to believe that an unfair method of competition

is being used, and after hearing, of an order to cease and desist. Such action may be reviewed by the courts, the commission enforcing

its orders by a proceeding in the United States Circuit Courts of

Appeals and the party respondent having the right to petition such

Federal court for review if it is not satisfied with the order issued

by the commission. The act contains no criminal provisions except

for the falsification of documentary evidence.

Congress did not attempt to define unfair methods of competition.

It is, therefore, for the commission, and in the last instance the

courts, to decide what practices constitute unfair methods of competition. Among the first practices considered were false and misleading advertising and misbranding, such practices being characterized

by deception, bad faith, and in many cases by actual fraud. The

second case decided by the Supreme Court involving an order of

the commission was one of misbranding. This was the Winsted

Hosiery case (reported in 258 U. S. 483) decided in 1922 and is important since it clearly established the commission's jurisdiction in
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 43

this class of cases. The case involved the use of such terms as

; ' merino," " natural wool," "Australian wool," and " natural

worsted " as applied to underwear composed largely of cotton. The

lower court, in vacating the order of the commission, had said, " conscientious manufacturers may prefer not to use a label which is capable of misleading, and it may be that it will be desirable to prevent the use of the particular labels, but it is, in our opinion, not

within the province of the Federal Trade Commission to do so." This action was reversed by the Supreme Court. In upholding the

order of the commission the court said in part as follows

:

The fact that misrepresentation and misdescription have become so common

in the knit-underwear trade that most dealers no longer accept labels at their face value does not prevent their use being an unfair method of competition.

A method inherently unfair does not cease to be so because those competed

against have become aware of the wrongful practice. Nor does it cease to be

unfair because the falsity of the manufacturer's representation has become so well known to the trade that dealers as distinguished from consumers are no longer deceived. The honest manufacturer's business may suffer, not merely through a competitor's deceiving his direct customer, the retailer, but also through the

competitor's putting into the hands of the retailer an unlawful instrument,

which enables the retailer to increase his own sales of the dishonest goods,

thereby lessening the market for the honest product. That a person is a wrongdoer who so furnishes another with the means of consummating a fraud has long been a part of the law of unfair competition. And trade-marks which

deceive the public are denied protection although members of the trade are not misled thereby. As a substantial part of the public was still misled by the use of the labels which the Winsted Co. employed, the public had an

interest in stopping the practice as wrongful; and since the business of its trade rivals who marked their goods truthfully was necessarily affected by

that, practice, the commission was justified in its conclusion that the practice constituted an unfair method of competition; and it was authorized to order

that the practice be discontinued. Since the above decision the correction of misbranding and false and misleading advertising in its many forms has formed an important part of the commission's work.

All of the work of the commission along these lines is probably

of interest to most of you. I will, however, confine this paper to

a review of the cases relating directly or indirectly to the weight

or measure of products. These are the same in principle and may

be condemned either because the weight or measure is incorrectly

stated on the label or in the advertisement, or is misleading. It is not

often that cases of this character are contested in the courts as defi- nite proof of the charge is usually available, and if the party is engaged in interstate commerce the commission's jurisdiction is clear. Misrepresentation of paint and kindred products has formed the

basis of many applications considered by the commission. This

includes the adulteration of paint, the sale of turpentine and a lowgrade mineral oil as " second run " turpentine, the sale of paint as

" strictly pure " which, in fact, contained a large percentage of cal- cium carbonate and distillates of petroleum, the sale of a product

termed " gold seal combination white lead," when in fact said product contained no sulphate or carbonate of lead in amount greater

than 1 per cent of the total ingredients, the sale of paint as " United

States marine paint " and " United States quality paint " which were

not made for or according to any specification of the United States Government, or the United States Navy, and the sale of a varnish
44 BUREAU OF STANDARDS

termed " Navy architectural spar and interior varnish," which, in

fact, contained no turpentine, etc., all of which were condemned.

None of these matters were reviewed by the courts with the exception of one of the Combination White Lead cases, Commission's

Docket 1166. There the respondent was ordered to cease using the

term " combination white lead " unless lead to the extent of 50 per

cent by weight appeared in the product. The order of the commission was affirmed by the United States Circuit Court of Appeals for the

Second Circuit in 1926. A later investigation disclosed further evi- dence of violation which was submitted to the court and the re- spondent was fined $500 for contempt. In another case the paint

of respondent was found to be short measure. Tests of a large

number of samples showed an average shortage of more than 5 per

cent or nearly 2 gills per gallon. As a result, the respondent,

among other things, was ordered to cease and desist " from advertising, branding, labeling, or representing in any other manner

whatsoever, the paint content of any of said cans or other containers

to be full standard liquid measure of 1 gallon, one-half gallon, or 1 quart, when, in truth and in fact, the paint content of such cans

or other containers is less than the respective full standard liquid measure so represented." (Docket 1293.)

In the shellac industrj^ there have been many cases similar in

nature to those in the paint and varnish industries. One of the first cases considered involved the use of the name "American shellac "

as applied to a product containing no shellac gum. The product was in fact a shellac substitute. The order issued was in effect that

if the word " shellac " was used without qualification the product

must be pure shellac. The use of the word " shellac " accompanied

by the word " combination " was permitted when shellac gum was

the principal and predominant element and providing the word

' ; combination " was in equally conspicuous type as the word " shellac." When the principal and predominant element of the product was not shellac gum the term ki shellac substitute " was permitted.

(Docket 924.)

Increasing the weight of a product by the addition of foreign

matter has been held by the commission to be an unfair method

of competition. This practice at one time was common in the

sponge industry, and as a result of the inquiry orders to cease and

desist were issued against 25 concerns. Sponges are sold on a weight

basis and it was found that substances, such as glucose, sand,

molasses, Epsom salts, and lead were being used to load or dope the

natural product. Of the same nature was the sale of No. 3 white

oats, to which had been added screenings. According to the rules

under Federal grain standards act (U. S. Comp. Stats., sees. 87471/2-

STIT^K) No. 3 white oats ma}^ contain not more than 10 per cent of other than sound cultivated oats, but this, of course, applies only

to natural mixtures. In the case considered the mixtures were artificial and contained screenings to an average amount of 17% Per cent. The respondent was also charged with increasing the weight of oats by the addition of water, but the complaint on this charge was dis- missed for failure of proof.

Misrepresentation in connection with the sale of dairy feeds has

also been involved in numerous proceedings. A typical case is where
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 45

a concern was using the trade name " puraflax " and represented in

its advertising matter that the product was a flaxseed product, consisting of selected flaxseed screenings, testing 8 per cent fat content,

and finely ground to eliminate seed germination. It was found that

the product was made from screenings consisting largely of weed

seeds with a considerable amount of chaff, and yielded only a small

percentage of flaxseed. The fat content was also much less than that

stated. The party signed a stipulation agreeing to discontinue the

use of such labels and advertising.

It is interesting to note that even though the weight of the contents of a package may be correctly stated it may be so misleading

to the purchaser as to be deceptive. This is illustrated by the commission's action against several creameries selling butter in oddsize cartons. Butter was being sold in cartons correctly labeled as

to weight containing 15 ounces, 7y2 ounces, and 3% ounces. It was shown that the dealer sold such goods as one pound, one-half pound,

and one-fourth pound, respectively, and the practice was, therefore,

condemned. Although the practice appeared to be limited to cer- tain Southwestern States it was considered of enough importance

for the creameries doing business in that section to hold a trade

practice conference under the auspices of the commission and to adopt resolutions condemning the use of the practice. The macaroni industry, at a trade practice conference, also took notice of this

practice, declaring it to be the sense of the industry that a package

of macaroni or spaghetti containing less than 8 ounces was uneconomical, contrary to the public interest, and an instrument of

unfair competition.

At the trade practice conference with the macaroni industry just

referred to, the use of slack-filled containers was also condemned.

Applications were pending against some of the leading manufacturers in which it was alleged that the practice constituted an unfair

method of competition. These were dismissed when all in the in- dustry voluntarily agreed to discontinue the practice. It was the

opinion of the trade that " slack filled " should apply to the package

with cubic contents for the bulkiest product so great as to enable

it to contain from iy2 to 2 ounces more, net weight, than is actually placed in it. This practice was also condemned recently by the

grocery industry at a trade practice conference. The resolution

adopted was as follows : " Resolved, that the use of deceptively

slack-filled or deceptively shaped containers is an unfair method of

business." The resolution was placed in Group I and, therefore, approved by the commission. The edible oil industry at a conference

also condemned the use of slack-filled containers whether the net content is or is not marked on the container. This industry also condemned the use of odd-size containers by adopting the following

resolution : " Eesolved, that the packing of edible oil for resale in

odd-size containers simulating in size or shape standard-size containers designed to hold quantities of 5 full gallons, single full gallons, full half-gallons, full quarts or pints, results in deception of

the purchasing public and constitutes the use of a method of unfair

competition." Both resolutions were approved by the commission.

That there is a decided tendency on the part of business to rid

itself of such manifestly unfair practices is indicated by the large
46 BUREAU OF STANDARDS

number of industries who at trade practice conferences have adopted

resolutions condemning in some manner the use of practices peculiar

to their own business. For example, the creamery industry has con- demned the overtesting or undertesting of dairy products: the

mending cotton industry, the labeling and branding of the yardage

of mending cotton, except as it comes off the spool or package: the

miliwork industry, the false marking or misbranding of products as to quantity, quality, substances, or size; the cottonseed industry, the

sale of products not plainly or accurately described or branded: the

flat glass industry, misbranding as to quantity, quality, substance, or size, and the failure to mark products according to accepted standards as to thickness and quality; the paint and varnish industries,

the branding or labeling of products for the purpose of misleading

or deceiving purchasers with respect to the quantity, quality, grade, or substance of the goods ; and in the paperboard industry, the misrepresentation of paperboard or boxes in respect to size, style, caliber,

bursting strength, substance, or quality has been declared to be

unfair competition. These have been very helpful to the commission in its attempt to eliminate the use of these practices.

Many cases similar in character to those I have reviewed could be

cited. I have attempted only to give you briefly an idea of the work

being done by the Federal Trade Commission in this direction. This

phase of our work is very interesting, and while much less difficult than many of the practices presented to the commission, such as those involving restraint of trade, in which the legality or illegality

of the practice depends on the effect and manner in which it is used, some puzzling questions arise. A question now under consideration

by the commission might be mentioned in this connection. In the

blanket and underwear industries the term " part wool " has been

used by some manufacturers without much regard for the actual

wool content. The fairness of such use of the term has been questioned, it being contended that the term should only be used when

an appreciable amount of wool is used in the blanket or garment.

In other words, the term conveys to the purchaser the idea that there

is enough wool used to give the product added warmth. Since the

commission proceeds primarily in the interest of the public it follows

that the understanding of the public as to the meaning of the term

will be given careful consideration.

On the whole it is believed that the commission's efforts to correct misrepresentation in its many forms have been effective. Every

effort to make it more so is being exerted. Recently the commission, in an effort to prevent fraudulent advertising, has taken the

publisher and advertising agency into account. By this method it is believed that much of this kind of advertising may be prevented.

This is illustrative of the commission's desire to accomplish results. Just how our work in connection with the correction of the use of

false weights and measures can be made more effective is problematical. We have had 100 per cent cooperation from the United States Bureau of Standards. Maybe there is a possibility of closer cooperation between the commission and State and city officials who are enforcing the laws on this subject, as we have no jurisdiction over practices not used in interstate commerce. In any event, I would like to leave

this thought with those of you who are directly charged with such
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 47

matters as I can assure you that the commission would be giad to cooperate more closely if it is practical to do so. The Chairman. I am sure that all of the conference appreciate

Mr. Anderson's presentation of the work of the Federal Trade Commission, and we will all look forward to reading his account in our

proceedings.

In the past our conferences have almost always been honored by

an address by the Secretary of Commerce. As most of you recall,

Mr. Hoover, when he was Secretary of Commerce, addressed the

conference nearly every time he was in Washington, which was six

of the eight years he was Secretary. Mr. Lamont, the present Secretary, desires to carry on the present tradition. I can say for you, Mr. Secretary, you have before you the executives of 25 of the States and they will listen with interest to what

you have to say to them. The Secretary of Commerce.

ADDRESS BY THE SECRETARY OF COMMERCE, HON. ROBERT P. LAMONT

I am very glad to attend this twenty-second annual meeting of

the National Conference on Weights and Measures, and to extend

to you the welcome and greetings of the Department of Commerce.

To this official welcome I wish to add my personal congratulations

upon the constructive accomplishments of your organization.

Doctor Burgess has given me an outline of the history of your

conference and the record of its activities. He has told me about

its organization in 1905 by a mere handful of officials, and its steady

growth to its present proportions. The sincere desire on the part

of those participating in your meetings throughout these years to improve their own knowledge of their chosen profession so that they

might the better serve their communities and to extend a helping hand to other jurisdictions not so far advanced in this very vital

field of governmental supervision is highly commendable.

With the avowed objects of increasing the efficiency of existing

weights and measures officials ; of promoting uniformity among the

several States in the matter of basic laws, rules and regulations, and

those technical codes which you find necessary for the proper control of commercial weighing and measuring devices; of developing

the most effective methods of testing and general supervision; of

encouraging the extension of comprehensive weights and measures

supervision to all communities ; and of pooling, as it were, all available information on your work so that everyone interested may

profit by the advances made by each individual, it is small wonder

that the National Conference on Weights and Measures has shown

a rapid and healthy growth.

When we also consider that your methods of organization and

procedure are such as to bring together all of the various elements

which are involved in the regulation of weights and measures, and

to make it possible for all of these elements to have a voice in your

deliberations; when it is recalled that your actions are predicated

upon careful advance study by selected groups of experienced men,

full discussion in your regular meetings, and the lapse of a sufficient interval between your preliminary or tentative decisions and your
48 BUEEAU OF STANDARDS

final action to guard against hasty or ill-considered conclusions,

there is again no cause for speculation as to how or why you have

achieved, as an organization, the enviable reputation which you

enjoy as a body whose recommendations represent the best thought

available on the subjects with which you are concerned.

These objects and these methods of procedure must carry the

hearty approval of the Commerce Department. Weights and measures regulation is an economic necessity for the orderly conduct

of commercial transactions and for the reasonable protection of

those who buy and sell. Such regulation can only be effective when

carried on as a function of government, so that as State and

local government officers you have a proper and vastly important

service to perform. For you to carry on your duties with the greatest practicable amount of cooperation and with the least practicable

exercise of the police power, and for you to proceed alwiys upon

the basis of information gathered from all available sources, are surely creditable lines of conduct. I congratulate you, therefore,

upon the sound principles which you are following.

Doctor Burgess has told me of the representation at this meeting

from all parts of the United States, and it is indeed gratifying to know that so many States and local jurisdictions have a proper ap- preciation of the character of the conference and of the very real

benefits which accrue from the attendance at its sessions of their

weights and measures officers. I believe that there is coming to be

a much better national appreciation of the value of regular confer- ences such as this. Not alone are these meetings of value by reason

of the practical information presented by the program speakers,

by the ideas developed in discussions, and by the constructive actions

decided upon by the organization. These factors are of primary

importance, it is true, in instructing the less informed, in widening

the vision of the experienced, and in advising all of the latest thought

and developments in particular fields. But there is another advantage, more or less intangible, of course, but one which should not be

overlooked; I refer to the opportunity which everyone present at a national meeting has for personal contacts with other men having

similar interests and engaged in similar or allied lines of work.

To get the viewpoint of " the other fellow " is always a broadening

experience.

I am sure as the good work goes on and becomes better known, more and more States will participate. It seems to me that attend- ance at a meeting of this conference could not fail to impress most

strongly upon proper State authorities that here is a field in which

the State can and should render service to its people. Your efforts to secure national representation in bringing about more nearly

universal weights and measures protection throughout this great

country of ours, I am sure meets with general approval.

From your long and intimate contact with the Bureau of Standards you know that you can always expect from it the closest co- operation, and that the bureau will alwa}^ render to you all assist- ance in its power in reaching the solution to any problems which

may come up, or in supplying you with information in its posses- sion which will help you in any way. Your contacts with the Department of Commerce as such have naturally been more infrequent
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 49

and less intimate, but I wish to assure you that the department is interested in your aims and accomplishments, and stands ready to be of such service at any time as will increase the effectiveness of

this conference or further the attainment of its purposes.

It will be my pleasure to be with you again next year if circumstances permit. At that time I hope that your splendid attendance

of this year may not only be equaled but even increased, particularly

in the direction which I have previously mentioned.

In conclusion, I wish to extend to you my best wishes for your

success, individually and collectively, in the discharge of your official duties during the coming year, and I trust that when this meeting

of your conference adjourns on the day after to-morrow, you will

leave better informed than when you came, encouraged to carry on

with enthusiasm for the next 12 months, and resolved to return in

1930 for^even greater accomplishments. I thank you.

IDENTIFICATION BY PRECISION METHODS OF COMPARISON AND

MEASUREMENT

By Wilmer Soudeb, Bureau of Standards

Introduction

Identifications by comparisons have been made with more or less success for centuries. The application of precision-measurement

methods for these purposes is of recent origin and is not generally

understood. This lack of understanding of the principles upon

which the science is based is responsible for the confusion so often

resulting from evidence introduced in courts of law.

Usual Methods

We are so accustomed to the usual methods of description, which

are only approximate and by virtue of these approximations are

susceptible of no precise interpretations, that we fail to recognize

the extreme accuracy of indentifications made by precision measurements. When we say we are looking for a man 6 feet tall of rather heavy

build, with dark hair, with a scar on one hand and with some gold

teeth in his mouth we should not be surprised to find several hundred

citizens of the United States who meet the description. If we in- crease the precision of the description to a man 72y2 inches tall, weighing 207 pounds, index finger of left hand amputated at the

second joint, and with gold crowns on left cuspid and right bicuspids, we may feel sure there is not more than one man in the entire

country who will meet the specifications, and having found this one, further search can not be justified without the introduction of some unusual condition.

Justification from Probability

The justification for this definite conclusion of positive identification is based on the "law of probability." Briefly, and in nontechnical terms, this law is interpreted from the fraction which

represents the ratio of the number of times a specific characteristic

appears divided by the maximum number of appearances possible,

74737—29 5
50 BUREAU OF STANDAKDS

and for two or more characteristics appearing simultaneously the

probability ratio is represented by the product of the individual

fractions.

Interest in Standards

The bureau has taken up the problems of identification of written

and typewritten documents, signatures, guns, bullets, etc., in an effort to establish standards for this class of work. The bureau does not

undertake to prepare individual cases for presentation in court, and

wishes to concentrate its efforts in this field on the one phase—standards for identification.

There are, now available, a few experts who make identifications

in a logical and precise manner, but there are many so-called experts

who recognize no limitations, no standards, and no equipment as

essential in this field. The instruments which are now generally recognized as essential

for satisfactory work in these fields are the results of years of effort on the part of men who have been actively engaged in this work, and

who have recognized the value of increased precision in making

comparisons of data available for identifications.

In each instance, the positiveness of identification increases with

the increase in number of agreeing characteristics, the narrower

limits of measurement, and the increase in precision of measurements.

When, if ever, these ideal conditions are established there will be

fewer conflicting expert opinions.

Identification of Documents

Typewritten Documents. Precision measurements are the primary standards for identifications of questioned documents. The typewritten page may, at first glance, appear to be a perfect piece of work and not susceptible to an analysis of numerous individual characteristics which will prove

it to be beyond question of doubt the product of one and only one

certain machine. Type styles and characteristics distinguish one make of machine from another. Manufacturers using similar styles

of type usually differ in dimensional proportions of the individual

letters. For example, the i is given the same space as the w in the

typewritten document, and it is the problem of the artist to design

these and other letters in such manner as to minimize what could

easily appear to be excessive crowding or isolation of type in the

printed work. The modification of letters to avoid these defects

gives the first opportunity for precision measurements.

For type made from the same model, or formed against the same

die, we may look for defects or lack of all details of perfection oyer

the lines of the letter face. The process of plating and polishing

may add defects. The more sure source for identification, however, lies in the adjustments of the type on the bars after the machine

has been completely assembled. Some letters will be placed high

and some low in the line ; some will be rotated, and some will make

contact on one portion of the face before the other portion hits

the paper. Adjustments for minimizing these discrepancies are made by inspectors, who usually reduce these to apparent uniformity

in so far as the unaided eye is able to judge.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 51

These variations are all susceptible to precision measurements,

and when these are made and compared with measurements from

other machines it will usually be found that 5 to 10 characteristics are sufficient to establish the identity of the machine which produced the document. The product of probability fractions rapidly

reduces the probability of two machines existing which will produce

documents having the characteristics specified. For the number

of agreements given above, and in the absence of unexplained dis- agreement, the ratio usually reduces below the ratio for the number

of machines in existence and therefore justifies the conclusion of

identity.

The excellence of this type of evidence arises from the consistency

of the variations; the evidence speaks from every line of the document; and barring a few readily explainable variations, there are no contradictions. Attempts at destroying these " beacon lights of

evidence " through mutilation are seldom successful, as to do so would require a perfect analysis of all defects in the machine, and

facilities for this type of analysis are limited.

Some of the special types of instruments used for comparing

typewritten documents are shown in the slides which will be thrown

on the screen at the conclusion of this paper. These are designs

suggested and used by Albert S. Osborn, New York City examiner

in questioned documents. Here, as in all fields of metrology, the

value of the measurement depends upon the precision of the instrument and the ability of the user. Inaccuracies in either render the

results of little value. Experts in this field usually design their

own types of measuring instruments and assemble numerous speci- mens of typewriting from which they draw conclusions as to what

constitutes proof of identity.

Handwritten Documents. The identification of handwriting has many points of similarity

to the identification of typewriting, to which may or may not be

added the feature of attempted disguise. The style of script, the

slope, size, and relations of parts of letters, the methods of handling

the pen or pencil, are important. The absence of consistency and the

glaring discrepancies in attempted disguise are readily separated

from the parts which show the true handwriting features characteristic of the individual.

Expertness in this field necessitates the acquisition of many qualities of art which are difficult, if not impossible, of specification as belonging to any one particular phase of precision measurement.

Experts develop an art which can not be transmitted by instruction.

It may be acquired by those who have talents in this field and who are willing to put forth the efforts necessary to master the fundamentals.

The author has witnessed methods of procedure and displays of

results by experts and is convinced of the correctness of these

conclusions.

Ballistic Identifications Ballistic identifications have for their purpose the answer to the

question : From what gun was a certain bullet fired ? There is often

a further question of identifying a case or shell as having been

fired in the same gun. Evidence from measurements of guns, bullets,
52 BUREAU OF STANDARDS

and shells have at present, in many instances, relatively little weight

in courts of law except in their general confusion of juries, and the

development of " a reasonable doubt." This is to a large measure due to the amateurish and incomplete methods pursued by many so- called experts. Properly prepared data on guns and bullets are often unique in the conclusiveness of identifications and often possess

definite superiority over what is classed as direct visual evidence.

The points of superiority consist of the following

:

(a) The markings are definite and can not make false or perjured

statements.

(b) There is no limit to the time available for studying the case. (c) The mental state of the observer need not be confused as is so often the case in visual observations of murders, etc. (d) The findings are available to all parties interested and wishing

to verify the conclusions.

The make of a gun is sometimes available from the gross markings

on the bullet. Measurements of the land and groove widths, and

depths, diameters, and twist markings of the barrel give data which

may assist in the identification of make of gun. Further progress

must be made from the characteristic markings which arise from

imperfections in manufacture of barrel or breech mechanism. Rifling

cutters, boring, and reaming tools do not have smooth edges. These

tools wear with each cut and the small saw-tooth-like projections

along the cutting edge produce constantly changing patterns in the

barrel. Bullets pressed against these surfaces will take markings

and retain them to a remarkable degree even after the penetration

of many relatively hard materials. Rust spots and injuries to the

inner surface of the barrel provide additional marks of identification.

Firing pin and breech markings on shells are equally positive when

the shells are available for comparison.

Briefly, the method of identification consists in comparing these

characteristic markings on the questioned bullet or shell with the

markings on a test bullet or shell fired through the gun in test. These tests are most satisfactory when made through a comparison

microscope of the type perfected by the late Charles E. Waite and

by Col. Calvin Goddard, of New York City. Images of the ques- tioned and test bullets, or shells, from two microscopes, each focussed on a bullet or shell, are combined in a single eyepiece. These images

may be caused to make contact with each other at corresponding

positions over the surfaces being examined.

Usually there will be a few lines on one surface which do not

have their counterparts on the other. These correspond to fouling

marks, pieces of metal or powder, rust cavities, etc., which have developed between the two shots in question. Experience shows these

to be not contradictory, but properly regarded as further proof of

the constant changes taking place with use. Incidentally, these

accidental changes should not be expected to render two guns more

nearly uniform, but rather, by virtue of their promiscuity, to render

them more divergent and individualistic in their markings. The

identity is established through the agreement of the numerous fine markings present, the agreement of all major markings, and the

absence of disagreements beyond those which may be ignored from

the conditions mentioned above.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 53

Bullets deformed by impacts with bones or other substances re- quire special study, as the dimensions of markings can not be ex- pected to agree precisely with dimensions taken from the gun or from undistorted test bullets. Skill in this field requires ability in the use of the microscope

and in the ability to make precision measurements of diameter,

angle, and width of markings. Visual and photographic evidence

must be complete and readily understood if it is to be of value in

evidence.

Eventually, it is predicted that this method of identification will

be standardized and will furnish one of our most reliable means of

identification.

Conclusions

In all cases listed in this paper the laboratory findings should be

of highest value, whether eventually accepted in court as admissible

evidence or rejected as inadmissible.

The prosecutor or officer in charge can be sure he has the correct lead and is thereby enabled to develop the case in the most efficient manner. He may safely concentrate his efforts in the one direction

indicated by the precise comparisons and measurements established

in the laboratory.

(During the presentation of the above paper Doctor Souder

illustrated by means of lantern slides a number of the matters

discussed.)

THE IRREGULAR OR DIVERSIFIED PACKING OP FARM PRODUCTS

By John F. Behrmann, Representing the National Association of Retail Grocers Mr. Chairman and members of this conference, on behalf of the

National Association of Retail Grocers, whom I have the honor

to represent, I want to thank you, Mr. Chairman, for your invitation to take part in this conference. We always welcome such invitations from any of the Government agencies, whether local, State, or Federal, as we believe that we should be given an opportunity

to present our side on all matters affecting our business. We are firmly convinced that the greatest good will come from such conferences between the Government agencies and all trade bodies, to eliminate abuses or unfair trade practices, by mutual agreements^

rather than by process of law.

Mr. Jenssen, our secretary, suggested to me that I speak on the

" Relation between the Weights and Measures Department and the

Grocers," but, unfortunately, I had already decided on another

subject. But I will briefly say : Our association does not tolerate any

member who is not square with his customers in giving them honest

weight or measure, or who employs unfair or questionable practices

in connection with weight or measure or other unfair or questionable

methods in his business. I will say that any dealer who uses such

methods, usually does not last long in business, as the up-to-date

housewife has scales in her kitchen, and I am sure will soon quit

dealing with any merchant whom she detects giving her short

weight or measure. From personal experience in our local association in Brooklyn,

I do not recall ever hearing of a fellow member being in trouble
54 BUREAU OF STANDARDS

with our local bureau of weights and measures and I have been a member for over 20 years. However, we expect the weights and

measures officials to enforce the law, to make rigid inspection, and

to prosecute any merchant who willfully short weights the public.

My reason for choosing " The Irregular or Diversified Packing

of Farm Products " as my subject, is my belief that there is a large

amount of unnecessary waste in packing and handling these products that could, and should, be eliminated. Having had 20 years'

experience in buying and selling fruits and vegetables, I feel qualified in speaking on this subject.

As you know, at the present date, you can buy fresh fruits and

vegetables all the year around, coming from every State in the

Union, packed in all kinds of conceivable containers. I will briefly

try and point out to you, the different and, in very many cases, expensive way this is done. I will also point out to you, the way

these containers are marked as to weight or measure of contents, if at all. I may say at this time that most of the up-to-date retail dealers

sell all bulk goods by weight and other goods by numerical count,

and that this, in my opinion, is the only accurate way. Knowing

that selling fresh fruits and vegetables by the pound or by numerical count is the most efficient and economical way, we feel that we

should be able to buy these articles in the same way—by the pound

or by count. But at present we buy some articles by the pound, some by measure, and most others by containers. In the last two in- stances we have no definite information as to the weight of the contents, and must either guess at this or determine it for ourselves.

This makes it necessary for the dealer to weigh each such container

when it arrives at his store, in order to find out how many pounds

he has bought. Very often he has not sufficient time to do this and

has to guess at the number of pounds in said containers.

We feel a good many articles could easily be packed in containers

by the producers and sold by weight, such as potatoes, carrots, turnips, onions, and so forth. These articles adapt themselves very

readily for shipment in bags or sacks, preferably in 100-pound

units. Other articles, such as beans, peas, and so forth, could be

shipped in hampers with the weight of contents plainly marked on

containers. Natural shrinkage in these articles could be ascertained

by test and a tolerance made for same. Vegetables sold in bunches,

such as carrots, beets, and so forth, should be sold by numerical

count and packed in crates or boxes for shipment only.

Lettuce of all kinds should be sold by numerical count and

shipped in crates or boxes only. The standard New York State

lettuce crate is the ideal and most efficient crate for this purpose.

However, from the South—Florida, Louisiana, and Texas—we re- ceive most of the lettuce in baskets. Florida ships lettuce in 48-

quart baskets. Now, the dealer buys these 48-quart baskets of let- tuce, but it does not mean anything because we can not sell it by the

quart—we must sell it by the head. We feel lettuce should be packed

so that the purchaser knows just exactly how many heads he buys.

The New York crate, which I just mentioned, provides for two

dozen heads, or when they run very small, 32 heads can be packed
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 55

in this crate very readily. Packing lettuce in such a way results in

a big saving, as it comes to us in much better shape. I know that

the Florida lettuce coming to the New York market very often is sold by the railroad company for the freight bill, since the receiver

refused to take it on account of more than 30 per cent being waste

;

consequently it had to be sold by the railroad to recover freight,

and the farmer does not get anything out of his shipment. Now, to speak about another commodity, beans—these are sent up in 22

and 20 pound baskets. I believe the farmer could save money if he

used 35-pound baskets, resulting in a saving in freight.

After studying the 1928 container act, I was very much disappointed

and surprised to find that this act only applied to certain kinds of

baskets. It does not apply to other containers, such as barrels,

bags, etc., and it even permits the use of other than standard baskets if made in a different way than the baskets mentioned in this

law, or if made from other material. The law also makes it optional to maker, producer, or shipper to mark net contents on container, which, in my opinion, is wrong—this should be a mandatory

requirement.

Again, the law does not make allowance for natural shrinkage,

which, in my opinion, is absolutely necessar}^, and could be worked

out by actual test in a very simple way. I will try and point out to you how I think that could be arrived at. Sample containers could be packed with any of these farm

products, and the date and hour of packing marked on them. Then

said full container could be submitted to the most severe shipping

conditions for a given period of time. Following this the contents could be measured and the shrinkage per hour or per day

thus determined. The tests could be made for 24, 48, 72 hours, or more, if necessary. Here again I would like to point out to you how simple it would

be if everybody were obliged to sell by weight, and how easy it would make the enforcement of law for the men in your departments.

Take as an example, a basket of string beans. The figures I will give

are, naturally, only for illustration. Suppose this basket had a

net weight at time of packing of 35 pounds and there was an allow- ance for shrinkage in 48 hours of 3 pounds, and an additional allow- ance for error of weighing of one-half pound. Then the basket

should weigh net not less than 31% pounds at time of arrival after

two days on the road.

We believe that each shipper of produce should be required to mark his name and address on each container, and I want to point

out to you the importance of this. Suppose a dealer goes to market

to buy some string beans and other things, and finds most of the

containers offered for sale slack packed; he is compelled by the

nature of his business to buy same. Now if said containers are marked with producer's or shipper's name and address, he could

make a complaint to the weights and measures department in his

district, and they in turn could investigate this shipper at his plaee

of shipment. If it was found that he habitually packed short, action

could be taken against him at once. The effect of such a procedure

would be at once noticeable in shipments from that community.
56 BUREAU OF STANDARDS

Let me again say that selling by weight or numerical count is, in

my opinion, the only accurate way to sell fresh fruit and vegetables. I thank you.

The Chairman. The conference, I am sure, appreciates the point

of view of the representative of the National Association of Retail

Grocers on the subject of the packing of farm products.

APPOINTMENT OP COMMITTEES

The Chairman. It is in order for the chairman to appoint two

committees, one on resolutions, and one on nominations.

The Chair asks, therefore, the permission of the conference to appoint the following

:

As the committee on resolutions : P. D. Dukesherer, of Michigan,

chairman; H. A. Webster, of New Hampshire; S. B. Shaw, of Maryland; V. A. Bradley, of Tennessee; William F. Steinel, of Milwaukee, Wis.; Richard Harding, of White Plains, N. Y.; and W. H.

Green, of Miami, Fla.

As the committee on nominations : William F. Cluett, of Chicago,

chairman; J. H. Foley, of New Jersey; Howard S. Jarrett, of West

Virginia; I. L. Miller, of Indiana; and George B. Nebinger, of

Harrisburg, Pa.

WEIGHING IN THE MEAT-PACKING INDUSTRY

By John Holmes, Vice President, Swift & Co. Mr. Chairman and members of the conference, scales and weighing machines are of great importance in the operations of the meatpacking business. The purchase of livestock to be slaughtered for

meat food is on a weight basis, and the scale plays an important part

through all the channels of production and distribution of finished

products.

If, for example, through inaccuracy of scales or of weighing, an

average overweight error of, say iy2 per cent, should occur, it would

be sufficient to wipe out our average profit. To develop this more

clearly, let me state that Swift & Co.'s profit for 1928 was $14,813,000, on a volume of about $970,000,000 of business, or a return of iy2 per

cent on sale. Of course, the reverse may be argued, namely, that

iy2 per cent short weight would double our profit, but I presume it will be readily admitted, aside from all ethical considerations, that no concern the size of Swift & Co. could long survive if it did not

give honest weight. Short weights are always complained of, but

overweights are rarely ever heard from.

Before presenting specific information on the types, characteristics,

and operating features of scales used by meat packers, it might be

well to outline briefly the various channels through which the meat

passes from point of production to point of distribution to the ulti- mate consumer. The commercial livestock supply of the United States is marketed: By the farmer or feeder shipping his animals either to a

central market or direct to the packer; or through the cooperative

livestock shipping association. The shipping association ships

either to a central market or direct to the packer ; or by the country

buyer who buys from the producer and in turn sells on the central

market or direct to the packer.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 57

Producers, shipping associations, and country buyers sell their

animals on the central market or direct to the packer according to

their opinion of which method of marketing will give them the

greatest net return. After being purchased by the packer, the stock is graded according

to quality and weight, and in some cases combined with other

lots of similar grade. The various lots are then sent to the packing plant for slaughter. After cattle have been slaughtered, the

beef is chilled, cut into quarters, and distributed to the consumers through our branch houses and car routes. A portion of the chilled

beef is, however, divided into the smaller cuts before distribution.

The beef carcass is composed largely of lean meat and is com- monly shipped, and even delivered to the retailer, as whole quarters.

This is not true in the case of pork products. The various parts

of the hog carcass differ more from each other in composition ; parts

of the carcass are composed almost entirely of fat; other parts

carry a large proportion of lean. In order to satisfy consumer demand, there has grown up the general practice of cutting the hog

carcass into a number of pork cuts and selling each in the market

to which it is particularly adapted, instead of selling the entire carcass as is done in the case of beef. Pork may be cured without sacrificing palatability ; and, in fact,

it can be so cured that the palatability of the product is improved.

Therefore, the greater quantity of pork is consumed as a cured

product of less perishable nature, while practically all of the beef

is consumed as a fresh product of highly perishable nature. Since

the cured pork is less perishable, it may be stored longer, shipped

farther, and handled with less refrigeration than beef. Of course,

cuts, such as the pork loin and shoulder and some others, that are usually sold fresh are of a perishable nature and must be handled

accordingly.

Mutton and veal are handled in a manner similar to beef, and

are usually distributed either in the halves or quarters.

Other products of the industry, such as hides, grease, glue, stock

food, etc., are each passed through distinct methods of processing

before marketing either as units or as small containers.

Each division of our business stands on its own feet and is on

a profit and loss basis; therefore, in separating the original purchases into the various cuts of meats and kinds of by-products it is fundamentally necessary that we have accurate weighing at all points of manufacture and distribution.

Our weighing equipment must be selected to contend with varying

operating conditions. Moist and damp atmospheric conditions and

the corrosive effects of salt must be encountered. These factors,

along with the variety of products handled, result in the use of

scales of several different types. Many of the scales we use are in

common use in other industries. Others are modifications of differ- ent types of scales to produce a scale of sufficient physical strength

to withstand the severity of our service. The packing industry is so varied in its operation that we find use for nearly every type of scale, including the following: Even

balance, beam, spring, automatic, and scales equipped with the

weightograph attachment, also displacement-type fillers for liquid
58 BUEEAU OF STANDARDS

and semiliquid product, and the so-called pneumatic-type filling

machines, operated in conjunction with check-weighing scales. We

use for special conditions such scales as the four poster or suspension

scale, special beam scales, and rail scales. Scales are classified naturally into three groups.

Group No. 1.—Those scales used for the weighing of purchased

product as exemplified by cattle scales, hog scales, railroad scales,

and truck scales. Group No. Scales used for the transfer of product from one department to another, and for use in determination of yields, grading, and department operating costs. Group No. 3.—All scales that are used for weighing and check

weighing product as it leaves our plant for distribution and

consumption.

I have with me a few slides for projection on the screen showing

illustrations of the operation of our scales. These illustrations, of

course, do not cover all of our conditions, but are examples of some

of the more important phases. For simplification and to portray

their relative importance, they will be shown by groups as we have

just classified. Taking first, Group No. 1, or scales used for weighing of purchased product, Figure 1 shows an illustration of the operation of

weighing cattle in the Union Stock Yards, Chicago. The scale shown here is used for determining the weights of small lots of

cattle, and was used in this illustration because it was more easily

photographed than the scales used to weigh larger lots of stock. These are weighed on a similar scale, having capacity for 60 to 70

cattle, according to size, or a capacity of about 100,000 pounds.

The gate in the foreground, of course, is closed, and stock is driven onto the scale from the opposite side. After the weight is obtained by the scaler, he notifies the man you see in the small house

to the left of the illustration, who opens the gate, allowing the stock

to pass off the scale. It is the duty of this man to obtain the count

of the stock as they pass in front of him, and he verifies this count

with the scaler. We also have a man at the scale for the purpose of

verifying the weight of the stock purchased by our buyers. The

same type scale is used for the purpose of weighing hogs as is used

for obtaining the weights of cattle. The scales used for weighing cattle and hogs are of the platform

type, using a recording type beam. A record of the transaction is made on a weight ticket. After the stock have been driven on to the

scales and the beam balanced, this ticket is inserted in the beam, and

the weight stamped on the ticket. The important factors in connection with this are avoiding the possibility of error due to the putting

down of incorrect figures, and the inability of other people to read

the figures set down by the scale man.

After stock has been purchased, weighed, and counted as it comes

off the scale it is inspected by the weight taker, who makes note of

the number of animals for which, according to the rules of trading,

it is permissible to deduct a weight allowance.

Should the allowance on weight be disputed by either the buyer

or seller, the stock is then inspected by the chief inspector, who is employed by the Live Stock Exchange. A final appeal can be made
Miscellaneous Publications, Bureau of Standards, No. 101

Figure 2.

Scale with conveyor rail used in weighing dressed beef
Miscellaneous Publications, Bureau of Standards, No. 101

Figure 4.

Scale used to weigh -products in barrels or on truckt
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 59

to a standing committee. The committee is appointed by the Live

Stock Exchange, and a nominal charge is made for service rendered.

Railroad scales are used to a small extent for the weighing of

such products as coal, feeds, and oils; and truck or wagon scales are used for weighing small lots of feed and building and mechanical

materials. In weighing of product in railroad cars, some discrepancy may result due to such complications as the changing of

atmospheric conditions, causing gain or loss in the weight of product, or losses of product in transit. These discrepancies are taken

into account by weight allowances that have been agreed upon by

the buyer and seller of the product. . Our cars are weighed light for tare weight at stated intervals, and

if there is a discrepancy in the stenciled weight on the car, it is immediately corrected. When handling all railroad cars during bad

weather conditions, the cars are carefully cleaned and cleared of snow before obtaining weights.

We pass now to Group No. 2. This group, as explained, consists

of those scales used for interdepartmental work. Even though

these weights are not applied to finished product, it is highly important from the standpoint of department costs, yields, etc., that

weights be accurate. However, those scales used for the purpose of

separating product by weight merely for internal convenience need

not be accurate to the last degree, but should be adaptable to rapid

weighing. All time spent by the operator in waiting for the scale to balance represents a direct labor loss, and we are, therefore, interested in obtaining scales for this purpose that will balance as quickly

as possible.

Figure 2 shows the operation of weighing dressed beef on a moving

conveyor rail. The two halves of beef are weighed together as shown, and a weight ticket, along with the lot number are attached

to the beef just before it passes into the cooler. Weights at this

point serve both as a check on the carcass yield obtained and on

the grading of the buyer. You will note that the beef carcass is wrapped in a cloth. This cloth when saturated with moisture weighs

about iy2 pounds and is used for keeping the surfaces of the beef

smooth during chilling. It is understood, of course, weights obtained

at this point are not shipping weights.

The weighing of hogs after dressing is very similar to the weighing of beef after dressing, and the weights again serve as a means for

checking both the carcass yield, and the accuracy of grading on the

part of the hog buyers. Again, the product is weighed on a con- veyor rail. It is essential that scales used for this purpose respond

rapidly and give accurate weights. Scales must be so installed as

to not be influenced by the vibration of the rail along which the

carcass passes. For this purpose we are using an automatic type of beam scale for showing the weight of product, and the operator records this

weight on a slip of paper by means of an adding machine. Thus,

he has at all times the total weight of product that has passed the

scales and at the close of each lot, has figures immediately available on total dressed weights.

For grading hams we use a temperature-compensating spring

scale that responds rapidly and gives fairly accurate weights, illus-
60 BUREAU OF STANDARDS

trated in Figure 3. This type of scale is particularly adaptable to

service in coolers. Hams are graded according to weight and quality in order to obtain uniform curing results. The weight differential between two grades is about 2 pounds and an error of less than

one-fourth pound would not be serious.

The hog cutting floor is located directly above this floor, and

hams are sent down the chute to the left of the illustration where

they are deposited on a moving table. This particular table is equipped with about six scales of temperature-compensating type, and

may be fitted with additional scales in case of increased volume. The

trucks shown in the background receive the various grades of hams

after they are weighed and graded for quality.

The type of scale used for weighing beef cuts is the result of ex- perimentation by our scale organization, and is adaptable to the

needs of a number of departments of our plant. This scale, shown

in Figure 4, is used where it is necessary to weigh product either in

barrel containers or on trucks. The weights may be used either for

product coming into the department, or product being shipped from

the department. Understand, of course, that all product shipped

from our plants is check weighed at some point, and in this particular

case the check weighing is done on our loading docks.

These scales are very sturdy in construction and will withstand

considerable heavy duty and may be used in moist and damp places

with very good results. Group No. 3 consists of those scales used for weighing and check

weighing of finished product, preparatory to distribution to the

ultimate consumer. Naturally, it is very essential that we have

accurate weighing at this point. We, therefore, make it a policy

to check weigh every article before shipment to the points of dis- tribution.

Figure 5 shows four operators who are weighing out exactly 1 pound net weight sliced bacon, by using an over-and-under even- balance scale. You will note that this product is not touched by

the hands of the operators. The product is sliced in the room to the rear of the illustration, passed through the opening in the wall on to the lower moving conveyor preparatory to weighing. The

pans used for holding the sliced bacon all weigh exactly the same,

the weight having been adjusted in the construction of the pans. Pans are checked periodically to assure accuracy in their weight.

, This type of scale serves as an excellent means for weighing this

kind of product due to its sensitivity and the large distance through

which the indicator passes for a slight increase or decrease in the

weight of the product in the pan.

We use the automatic no-spring type scale for weighing of various

pieces of sausage preparatory to shipment, as illustrated in Figure 6. You will notice that the wooden container is resting on a platform

beside the scale, and that the order is pasted on the front side of the

container. The man then refers to his order, selects the proper

sausage from the adjoining pans, weighs the product, and packs the same into the box.

Figure 7 illustrates the use of a portable beam scale for weighing

tierces. This scale is not expensive. It is simple, easily repaired,

and being movable is adaptable to service at various points in our
Miscellaneous Publications, Bureau of Standards, No. 101

Figure 6.Scale used for weighing sausage
Miscellaneous Publications, Bureau of Standards, No. 101

Figure 8.

Equipment for filling and check weighing cartons of

cheese
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 61

plant where tierces or barrels are shipped. This is an old type scale with which you are all familiar, but just serves to illustrate the con- tinued use and adaptability of such simple equipment to our weighing requirements.

Figure 8 shows the process of filling containers of cheese and weighing by volume or displacement. This operation is performed by the

machine. The product is fed over to the adjoining roller conveyor

where a sufficient percentage is check weighed to assure accuracy.

This method of filling and weighing cartons is used on similar

products, not only in our industry but in a number of industries

where product is handled either partly or wholly by automatic

machinery.

Lard cartons are made by automatic machinery and are fed down

to a filling head. By controlling the rate of flow of lard through

the filling head and correlating the opening and closing of the valve

with the speed of the conveyor, it is possible to accurately u weigh "

1 pound of product into the container. This operation is then

checked by use of an over-and-under even-balance scale. The 1-pound

carton containing product is balanced against an empty 1-pound

carton and a 1-pound weight on the opposite pan of the scale. The depreciation we experience in our weighing apparatus is largely due to the conditions under which we operate. On the kill- ing floors, for example, our scales are subjected to excessive conditions of moisture, and close supervision is necessary. Those scales that are used in salt cellars, curing rooms, or hide cellars are subjected to conditions causing rapid corrosion of the metallic parts.

Such conditions also affect the accuracy of the scales, necessitating

continual checking and maintenance of this equipment.

We estimate that about 24,000 scales are in service in all of our

plants and branches

The Chicago plant alone maintains an organization of 12 men

who devote their entire time to maintenance and testing of scales. Scales are tested in accordance with the requirements of the particular service to which the scales are subjected. Such scales as the

sliced-bacon scale, and the lard-check-weighing scale are checked for

accuracy hourly. It is necessary that we check the accuracy of a large number of scales daily. These scales relate primarily to those

departments dealing with the selling. Scales used for weighing

smoke meats, sausage, fresh pork, canned hams, dried beef, butterine,

lard, and cheese are tested daily. Scales used for weighing dressed

beef, pork, sheep, and calves, are also tested daily. Scales used for

interdepartment work are tested weekly. Railroad track scales are

tested monthly. Some branch-house scales are tested daily, and all branch-house scales are tested at least twice each week.

Scales that are subjected to adverse conditions are tested as often

as the condition requires. The scales we use in our salt and hide

cellars practically require daily attention in order to prevent excessive corrosion and to maintain accuracy in the weighing operation.

In order to insure accurate weighing and check weighing, we

have in use in our Chicago plant a test balance which is used for

calibrating our test weights. It is necessary that a balance of this

type be absolutely free from all vibration. It is mounted on a special base consisting of a concrete footing 15 feet in depth. The
62 BUEEAU OF STANDARDS

scale is also inclosed in a small house as additional protection from

atmospheric conditions.

The nature of the products we handle is such that the question

of shrinkage is a matter of considerable importance. When live animals are weighed and immediately reweighed a shrinkage in

weight is shown to have occurred. The same thing holds true through practically all operations, due of course, to the natural

evaporation of moisture from the meat.

Our practice is to consider as an element of cost such shrinkage

as occurs up to the time of weighing for final shipment. The merchant who buys from us must, of course, also take into account in

his costs such shrinkage as occurs between the time the meat leaves our hands and the time it leaves his hands. This is the only practicable way of handling. The shrinkage which will occur under any

given set of circumstances can not be anticipated, although on the

average it will be found to run fairly uniform.

Of course, in the case of articles, such as D. S. meats, allowances

are made for the salt adhering to the product at the time of shipment.

Allowances are also made for the amount of pickle present in

S. P. meats. These allowances are based on tests, taking into ac- count the time allowed for drainage, and the figuring is done according to the rules of the Chicago Board of Trade.

As to personnel, we are continually developing men in our scale department for the duty of testing and maintenance work on scales. Such training work requires considerable time and experience, and

is carried out under the supervision of competent scale men. The training of personnel in the operations of weighing product

is carried out under a similar plan. The newly appointed operators

are instructed by a competent person in the department. All of the

factors in connection with the particular scale are explained and

illustrated, and the actual work of the new operators carefully

supervised until they become proficient in the duty. I presume it is understood that these remarks have had to do with

the subject as it is handled within Swift & Co., but no doubt our

practices are fairly representative of the industry.

(During the reading of the above paper, Mr. Holmes illustrated

by means of lantern slides a number of the matters discussed. Some

of these illustrations have been reproduced herein.)

The Chairman. It is very evident from Mr. Holmes's paper that

weights and measures are the basis of the packing industry. Mr.

Holmes, we certainly appreciate your coining to the conference and

giving us the benefit of this description of your practice.

SEASONAL ASPECTS OF COUNTY WEIGHTS AND MEASURES

ADMINISTRATION

By Glenn L. Berry, Superintendent of Weights and Measures, County of Monmouth, N. J. Mr. Chairman, invited guests, and weights and measures officials, whatever success may have met our efforts, I wish to give full credit to our State superintendent, J. Harry Foley, and his staff for their

ever-willing helpfulness, to our county governing body, the board

of freeholders, and, last but not least, to my assistants for their

never-ending loyalty which has carried out our planning.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 63

Monmouth County, in the State of New Jersey, is one of the

foremost counties of the United States in production of truck commodities. In addition to this, with the Atlantic Ocean gracing its eastern boundaries, it is part of the world's playground. With its agricultural interests, shore resorts, and home resources this county

presents particular problems of seasonal work in connection with

weights and measures work. In the first place, let me say that this

particular phase of weights and measures activity requires constant supervision to keep apace with its growth.

In New Jersey we have adopted a sale-by-weight law, and the

farmer is the hardest man in the world to convince of beneficial

changes where it affects his practices of years standing. The potato

crop, our largest product, is mostly dug and sold on the ground.

Shipments are sorted by machinery in the field, bagged in 150-pound

sacks, and shipped by truck or railroad to many markets. During

the season we are continually in the farming districts, checking

weights in the field, at the railroad shipping stations, or holding

up trucks on the road to supervise the sale by weight. After years of

education, we are now able to get by a season without a single prose- cution for short weight. We have used the county agricultural

agent and his office for the purpose of educating the farmer to our

requirements, and by personal talks at their meetings have secured

beneficial results. We have always found the agricultural department ready and willing to cooperate, and gratefully acknowledge

the assistance rendered us in our undertaking. This not only applies

to potatoes but to all the commodities raised and disposed of through

commission men or houses.

The advent of the roadside stand, catering to automobile trade

from near and far, has become a factor in the distribution of foodstuffs. Through their cooperative association we have worked to advantage, with results that are gratifying to producer and con- sumer alike. These stands, with their products fresh from grower

to consumer, have become an important institution, much sought

after by people from the metropolitan district around New York

City, and we look with favor upon their endeavors. In all our

relations with these new retail merchants we try to keep uppermost

in our minds the human element in our dealings with them. In

every human body there is a small amount of gold, but there is also a fair percentage of jackass. It is our pleasure to endeavor to

refine the gold in preference to developing the jackass. With an

average of 90 per cent who wish to be honest and comply with our

regulations, we are left with 10 per cent that furnish a problem.

Deduct another 5 per cent for the foreign born, who till the soil in honest labor but without proper understanding of weights and

measures laws, and you have a very small number left. These are comprised of the inveterate trickster, shyster, and fly-by-night

dealers who make up our black list, and it takes constant supervision

to keep up with them.

Our dealings also embrace the other side of the equation, the

buyer. The buyer oftentimes thinks that IT ounces make a pound,

as well as the seller considering 15 ounces the correct amount.

Within the range of these 2 ounces lies the ethics of modern business

and the reason for the weights and measures department.
64 BUREAU OF STANDARDS

Through the medium of the newspapers, we are constantly striving

to educate the buying public, and, aside from the crank, we wel- come constructive criticism and honest complaints. We find a wholesome respect for our work, as a result of the campaigns carried

out, which encourages us to keep tr}ung to render a real public service. The buyer in seeking the best results for the least amount of

money, has encouraged the farmer to incorporate into cooperative

market associations. By such an arrangement, the producers are the stockholders, and have their own booths for the sale of their

produce, as well as renting space to outsiders. Through their good

will and confidence, we have not only secured their cooperation in

furthering our own interests, but they demand that outsiders selling

goods in their market meet all requirements in every respect. This

idea has passed the experimental stage and has been paying good

dividends in dollars and cents to the stockholders of the companies.

If your communities have not tried it, I heartily recommend the plan

and pass it on to you as a chance to benefit your farming interests. Turning to the resort side of our life, which caters to the pleasure

seeking, vacation crowds that make the North Jersey coast their summer Mecca, we find the board walk and beach activities that demand seasonal attention. Salt-water taffy, candy of all kinds, and

confections are put up in package form, for shipment to all parts

of the country. Since the difference in quality is slight, the margin

of profit may depend upon some slight infraction of our regulations

that would permit of a small advantage in quantity or weight. It is obvious that supervision at regular periods is the only sure way of

keeping informed.

The ever-increasing motorist has presented us another field of

labor that was only a by-word a short time ago. With the oil companies erecting their own service stations, we find ourselves con- fronted with between 1,200 and 1,400 gasoline-dispensing pumps for

inspection. In addition, there are as many oil pumps, liquid measures, and oil bottles that make of this a real chore in itself. Only

daily tests, mandatory on the owner, can place the burden where

it belongs, and our work is to educate the owners to see that these

daily tests are made. We solicit the oil companies to keep us informed of all new installations and repairs made, so that we can

follow up their work in keeping the stations in repair, and our efforts are fairly successful. As Monmouth County is nearly 60 miles across from the southwestern to the northeastern corner, you can appreciate how highly we prize cooperation. We have no city depart-

• ments, and must cover the entire territory. Ours is the story of every

department, opportunity goes around disguised as work, and every

weights and measure man is acquainted with it. I fear sometimes we place our goal too far ahead, hoping for too much, and think we must reach the rainbow's end to find our pot of gold. In the

main we hope to find success at the end of the journey, but there is no end—no more than death ends the usefulness of a worth-while

life. God sends the sun to lift the soul of that lost identity back to the high heavens, and on the wings of His clouds carries the purified

parts back to that ancient Indian " spirit land," and again feeds that ever running stream that is forever flowing on.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 65

From a little Indian lake called Itasca, out in the mist and marsh

land of Minnesota, runs a little creek. This is the headwater of the

Mississippi River. From frosty, star-lit nights of the great Northwest to the warm waters of the Gulf of Mexico, from little lake to the Gujf. This stretch of imagination will save time and now that

you are with the Father of Waters on his way south where he dumps

his great body into the great Gulf that mingles with the ocean and

obliviates himself, you see there is no end. That little stream steals through the woods of Minnesota on its way and finally by following

the course of least resistance loses its identity, but never its usefulness.

The big thought I want to leave with you is this : That all along

the course of the mighty Mississippi, cities and towns dump their

defilings. All along the course of the great river, discolored creeks

and muddy streams are mingling with the Mississippi. Should the

mighty river try to stop, it would soon be a dead sea of filth. It must go on, for it grows great by moving on. By its activity it clarifies and purifies its life. Finally, it becomes part and parcel

of one of the world's great natural blessings, that carries health, happiness, and a boon to humanity, to everything that it comes in contact with. We can't stop, we can't pause in our work begun, but

by our own activity must enlarge our service. Let it finally mingle

with the gulf stream of public service that carries a boon to all that

it comes in contact with.

Mr. Foley. Mr. Chairman, I want to say those are the kind of

men we have in New Jersey.

The Chairman. I was just going to remark that Mr. Berry has

shown that there is a wonderful opportunity for human interest in

the administration of weights and measures, at least in Monmouth

County, N. J. * DEVELOPMENTS IN TERMINAL WEIGHING OE GRAIN

By J. A. Schmitz, Weighmaster, Chicago Board of Trade

Mr. Chairman, delegates, and guests, accurate determination of

quantity is essential to those engaged in commerce; and as grain

Tanks high in our commercial transactions, the accurate determination of its quantity is especially important. For centuries measures

of volume were used in measuring grain, but not so to-day. Weight

measurements have supplanted measures of capacity. The commercial bushel of wheat is not an amount equivalent to a volume of

2,150.42 cubic inches, but it is always 60 pounds, avoirdupois.

When you consider the fact that the densities of grains vary as much as 30 per cent, and that the food value of grain is determined

by the quantity of solids contained in the kernels, rather than by

their bulk, you can readily see that a measure of capacity would not

truly determine the real quantity of " grain " contained in a bushel.

Density is an important factor in determining the " quality " of

grain, but it has no bearing on the quantity referred to as a bushel.

For where a bushel of wheat is the basis of a trade, 60 pounds of

wheat, by weight, is the unit involved, regardless of its specific

gravity. While the method of determining the quantity of grain

74737—29 6
66 BUREAU OF STANDARDS

by weighing is now generally accepted by those engaged in the grain

business, it is not so many years ago since the transition took place.

For instance, the quantity of wheat that made up the first cargo

shipped from Chicago, was determined by a 4-bushel measure. The

measure was filled on the deck of the vessel, and then emptied into

the hold. It is a coincidence that the first hopper scale used at Chicago was also of 4-bushels capacity.

The progress of weighing grain during the early days in the

Middle West was slow, and dependent, to a large degree, upon the

advancement made in scale construction. As the flow of golden

grain from the Mississippi Valley to the terminals increased in

volume the matter of determining accurately the quantities of the

many parcels arriving became of greater and greater importance.

Much of this grain had left the point of origin without being

weighed ; in fact, the shipper in many cases had a very indefinite idea

of the quantity he started to market. His inability, or failure, to determine the specific gravity of his grain often caused him to esti- mate erroneously the quantity shipped : and where the outturn weight

at the terminal ran under his " estimate " much dissatisfaction

resulted. This was a period of many controversies between shippers and

receivers of grain over the matter of weights. Charges of ineffi- ciency and dishonesty were made on both sides. The shippers

charged the terminals with inaccurate scales, wasteful methods, and

dishonesty; the terminals, on the other hand, called attention to the

poor equipment, or lack of equipment, at country points, and to the unsystematic manner in which the little weighing that was done was performed.

At that time much of the weighing at terminal markets was per- formed by employees of the^rain elevators and mills. In some cases the grain was weighed by railroad employees on railroad track scales,

for in those days much grain was transferred from car to car, in

railroad yards, by man power. The weighing facilities, generally, were crude and often inaccurate ; and, as stated, much of the weighing was performed by men interested in the transactions, and wasteful practices were common. Now the country shipper, in large

part, had no facilities for weighing the grain loaded into cars; hence often depended upon estimates to determine the quantities

loaded. Frequently, such estimates were little better than guesses. In the late seventies the Chicago Board of Trade found it expedient to appoint a weighmaster who was independent of both the

buyer and the seller of grain. It was his duty to supervise grain

weighing and to aid in the adjustment of disputes. However, since

his employment was optional both with the buyer and the seller,

only a small portion of the grain arriving in Chicago was officially

weighed. Nor was there any systematic supervision in the weighing

of grain aboard vessels at Chicago or other lake port terminals.

What little supervision was given was by self-appointed, itinerant

weighmasters employed by the vessel people. These men were, for

the most part, irresponsible, inefficient, and without authority to enforce reasonable regulations.

From the foregoing you can plainly see that there was much to be desired in the matter of weighing grain to and from cars and
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 67

boats. Also, the ever-increasing flow of grain to the terminal markets made necessary not only improved weighing conditions, but more and better facilities for handling and storing grain. In con- sequence, the number of elevators increased rapidly, and many

improvements were made in the equipment used to load and unload

cars and boats. As a result, the handling of grain was expedited

until where formerly scores of cars were unloaded in a day, hundreds

were unloaded. At country points, too, more grain was being loaded

into cars from a constantly increasing number of elevators. Machinery supplanted man power in the unloading of grain from wagons

and also in the loading of grain into cars. Competition among

country buyers increased, and margins of profits were reduced.

Consequently, because of smaller profits, more attention was given to every possible economy. Losses due to discrepancies in weights came

in for their share of attention; and variations in weights that for- merly were accepted as normal, were considered large. Hence, the

number of discrepancies considered excessive increased alarmingly.

Many of these complaints represented actual discrepancies that were

due, no doubt, to poor scales, bad weighing, and wasteful practices

at terminals, or to inaccurate scales, and poor weighing methods at country loading stations, but the poor condition of grain cars in use during this period was also responsible for many of such weight variations. Plainly, this period was one of general dissatisfaction. In- accurate scales, Dad weighing, and losses of grain from cars in transit were topics of discussion whenever grain men met. While this agitation for better weights brought about some improvement in weighing

methods and practices, comparatively little progress was made until

the late nineties when the demand for better weighing became insistent. Chicago was probably the first to recognize this demand,

and to act thereon. To begin with, better men were selected for

the positions of deputy weighmaster ; attention was also given to wasteful practices, and to the recording of data relative to the weighing and handling of shipments ; the capacities of hopper scales were

increased, requiring fewer drafts per carload, reducing the hazard

of error accordingly. The campaign for better weights was also

carried to country grain shipping points by the various State grain

dealers' associations. This resulted in many grain dealers installing

shipping scales; and the improvement in grain weighing conditions

became marked.

Also, about this time, there was a concerted attack upon the " leaking car box." The Chicago Board of Trade was particularly aggressive in seeking the betterment of car boxes used to transport grain,

for the reason that many of the discrepancies, that were clue to losses in transit, were charged to terminal weighing. A systematic study was made of the defects inherent in the various types of car boxes

in use to the end that carriers would improve their box cars and

shippers would cooper them more effectively. This, in turn, resulted

in a movement for more comprehensive records in order better to substantiate claims for loss of grain in transit. The Chicago Board of Trade's campaign for better weights and

conditions included the enforcement of rules for compulsory disinterested weight supervision in the Chicago Terminal ; and provisions
68 BUEEAU OF STANDARDS

were made for testing all scales used by the department. Regulations governing the grain-handling equipment were also promulgated; and police protection for cars stored in railroad yards was

secured by the appointment of special agents by the weighing department. In fact, every phase of the weighing service was covered,

and every avenue of possible loss was scrutinized, and safeguards

applied. This action brought results at Chicago which the grain

trade was quick to acknowledge. The movement for better scales and weighing was then carried to the country. Pamphlets cover- ing every phase of the weighing problem were issued and distributed

throughout the grain belt by the Chicago Board of Trade. These

pamphlets outlined plans for scale installation and maintenance;

they stressed the value of testing scales with a sufficient number of

test weights; they covered the equipment used in handling grain;

they outlined methods for the systematic recording of weights ; and

they showed, in detail, the defects found in car boxes, and how to prevent losses due to such defects. As a result of the improvement at terminals, at country shipping

points, and in the equipment for carrying grain to market, the

subject of grain weights, while still a matter of some controversy,

is no longer a major cause for ill feeling and contention. True,

there are still too many weight variations, and there probably

always will be. Nevertheless, without a doubt, to-day there is more

positive proof of the correctness of scales used for weighing grain

than ever before. Formerly, scales at terminals were tested and

approved with 1,000 pounds of test weights; now, an amount equal

to 8 per cent of the capacity of the scale is the prescribed quantity.

Nor is the country elevator man satisfied with a scale test made by

an itinerant scale man with one 50-pound test weight. His scales are now tested by a properly equipped scale man, appointed by his

State association. Moreover, all tests of grain scales, both at terminal and country points, are based on regulations for testing

scales as drafted and approved by a committee especially appointed,

during the I. C. C. 9009 hearings, for the purpose of determining

proper scale procedure. These regulations, which have the approval

of the Bureau of Standards, have done much to standardize scales and weighing practices. They are generally accepted by the grain

trade, and close adherence to them brings satisfactory weighing

results both at country points and at the terminals.

REPORT OF COMMITTEE ON SPECIFICATIONS AND TOLERANCES

RELATIVE TO BUREAU OF STANDARDS HANDBOOK M85, PRESENTED BY F. S. HOLBROOK, CHAIRMAN 6 At the Twenty-first National Conference on Weights and Measures held last year, your committee reported a number of minor

changes in codes of specifications and tolerances adopted prior to that time and these amendments were adopted by you.7 In con- nection with this presentation your committee advised that it was the intention of the Bureau of Standards, during the then

6 The presentation of the latter portion of this report, and its adoption, were postponed

until the seventh session, but for convenience of reference the full text, and its adoption, are included at this point.

7 See Report of the Twenty-first National Conference on Weights and Measures, B. S. Miscellaneous Publication No. 87, p. 147.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 69

coming year, to reprint the codes of specifications and tolerances

as adopted to that date. It was suggested by your committee that

it might be found advisable during the preparation of the copy

for reprinting to make some further minor changes in the specifications in order that the reprinted specifications might be in as good

shape as possible; accordingly, authority was requested to make

such changes. Upon motion, such authority was granted by the

conference.

You have been advised that the republication of the specifications was completed during the year.8 As was anticipated, during the

preparation of the copy minor changes proved to be advisable, and

under the authority conferred such changes were made. Your committee now desires to report on its stewardship—to acquaint you

with the principal changes made so that you will be fully advised

in this relation.

If when this report has been presented, you are fully in accord

with the spirit and letter of the changes made, it may be deemed

wise to have this conference adopt the codes of specifications and

tolerances as contained in Handbook of the National Bureau of

Standards M85 as the official codes of the conference. Since nearly

all of you already have been furnished with a copy of this publication, references to the official codes of the conference would thus be

made most convenient for you. Kespectfully submitted.

(Signed) F. S. Holbrook, Chairman,

Wm. F. Cluett,

A. W. Schwartz,

Chas. M. Fuller,

I. L. Miller,

Committee on Specifications and Tolerances.

DISCUSSION OF ABOVE REPORT

Mr. Holbrook. In accordance with the above it now devolves

upon me to outline as briefly as may be those changes made by the

committee which are deemed to be of any real importance. In the

majority of the cases it is believed that the reason for the changes

will be obvious to you. Therefore, in the case of these the character

or text of the amendment will be stated, but will not be commented

upon at length. In view of the fact that the publication containing

the changes in the text—Handbook M85—has been in your hands

for some time, it seems probable that many of the changes may

already have been noted by you.

FABRIC-MEASURING DEVICES

The specifications appearing under this heading have been titled throughout to furnish a more ready reference and to make this code

uniform in style with other conference codes of a similar nature. Inasmuch as this code is intended to refer only to retail devices,

the definition has been amended so that it will clearly bring out this

intention.

8 Handbook of the National Bureau of Standards, M85, Specificatj sns and Tolerances

for Commercial Weighing and Measuring Devices.
70 BUREAU OF STANDARDS

TAXIMETERS

The specifications have been titled throughout this code to furnish

a more ready reference and to make this code uniform in style with

other conference codes of a similar nature. Under the general heading " Tolerances," two subheadings occur, these formerly being " Definitions " and " Tolerances." The latter was changed to read, " Values," to eliminate repetition of the main

heading.

LUBRICATING-OIL BOTTLES

A footnote referring to the heading " Maximum Height " oc- curring in the table in Specification 2, was added reading as follows

:

Committee Note.—Bottles are now being developed and produced in which

the bottle and the spout are integral ; for instance, a metal top may be permanently attached to the bottle, or the bottle may be so shaped as to include a glass spout. In such cases it seems that compliance with these specifications

will be substantially secured when the over-all height of the bottle and the permanently attached spout, or the over-all height of a bottle blown integral

with the spout, does not exceed the height specified in this table, plus 6 inches which is the figure given in specification No. 5 as the allowable length

of a detachable spout. LIQUID-MEASURING DEVICES

Some modifications have been made in titles of individual specifications in this code to make these consistent in form throughout; for

instance, verbal forms have usually been deleted. This results in a

desirable shortening of titles. The same character of change has been made in the definition as has been described in the case of the definition for fabric-measuring

devices.

Specification 7 has been amended by adding the word " effective n before the words " cross-sectional area " and before the word " diameter " near the end of the specification and by inserting the word

£i shall " in lieu of the word " must" so as to make this specification

read, in part, as follows

:

7. Sensitiveness.— * * * the maximum effective cross-sectional area of the measuring chamber shall be 75 square inches, and, if cylindrical, the maximum effective diameter shall be 9.75 inches. By adding the word " effective " as noted the volume occupied

in the chamber by filling pipes, overflow pipes, etc., is taken care of. Specification 20 has been amended by adding the words " device or of the " before the word " installation " in the last sentence so as

to make this specification read, in part, as follows

:

20. Use of Adjustments.—* * * Adjustments of piston displacement

to correct for leaks, slippage, excessive length of pipe line, or other defects of the device or of the installation shall not be permitted.

The words indicated have been added since some of the defects

mentioned are not defects of the installation, but of the device itself. 21b. A note has been added at the end of this specification which

is self-explanatory. It is as follows

:

Committee Note.—Since upon review following the twenty-first national con- ference the Committee on Specifications and Tolerances is convinced that the
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 71

foregoing specification in its present form does not accomplish the purpose for which it was designed, the committee proposes for consideration at this time:

First, that the first paragraph of this specification be amended to read as

follows

:

All liquid-measuring devices shall be so designed and constructed, or so

calibrated, that they will deliver into the discharge line on the delivery side of the discharge valve, within the tolerances hereinafter provided, any nominal

quantity which they are designed to deliver, within a period of 10 seconds

after the main flow of liquid has ceased. Second, that the following words be added at the end of the third paragraph

of the specification : " for the nominal quantity being delivered."

It is the present intention of the committee to propose these amendments to the twenty-second national conference which is to be held in May or June,

1929. This material is included here so that timely notice may be given to interested parties.

As expressed therein this matter will come up for action later in

this conference.

Specification 22 has been amended by inserting the words, " In

case the discharge valve is so positioned, any other valve not immediately adjacent thereto " in lieu of the words, " In case such valve is used, any other valve," at the beginning of the second sentence, so

as to make this specification read, in part, as follows

:

22. Valves in Dischaege Line.— * * * In case the discharge valve is so positioned, any other valve not immediately adjacent thereto, in any portion

of the discharge line leading to this outlet, shall be so designed and con- structed that it can be closed off in one of the following ways : * *

* The change noted has been made to bring out more clearly the

original meaning.

GREASE-MEASURING DEVICES

Under this heading similar modifications of titles of individual

specifications have been made as have been noted in the case of

" Liquid-measuring Devices."

The following words were added to the definition

:

This definition is not to be construed to include devices which are obviously

designed and intended solely for high-pressure lubrication of bearings and

similar parts. This was done to bring out more clearly what types were intended

to be included.

VEHICLE TANKS

The individual specifications have been titled to make this code

uniform with others of a similar nature. PLATFORM SCALES

The subtitle " Including Counter Platform Scales " has been in- cluded to bring out this fact more prominently.

The change proposed by the committee last year in specification 10 was omitted, since it appeared that this change made an actual

change in meaning not contemplated at the time of the proposal.

Specification 14 formerly read as follows:

14. When not modified by the above, the specifications given under the heading " Scales : General Specifications " shall apply to platform scales in so far as they are applicable.
72 BUREAU OF STANDARDS

It was amended to read as follows:

14. When not modified by the above and in so far as they are applicable, the

following specifications shall also apply; general for scales; those for spring

scales relating to automatic-indicating elements, when the scale is so equipped

(except that graduations need not be equally spaced) ; and also those under any

heading hereafter when the scale is so constructed as to fall within the defini- tion under such heading.

This is one of the important changes made. This was deemed

to be advisable as a matter of better cross referencing of the codes

of specifications for scales. Technically under the old references " counter scale " specifications

probably did not apply to counter platform scales although analysis

indicated that some of them certainly should apply, Nos. 1, 2, 11,

and 12, for instance. Since we did not conceive that anyone could

raise the slightest logical objection to this, this specification was

modified as indicated.

TOLERANCES

The expression " heavy-duty " relating to certain types of scales was changed to read "large-capacity." The former phrase is now

conceived to refer to the conditions surrounding the use of a scale rather than to the capacity of the scale, although reference to the

capacity was intended. The same change has been made elsewhere

in the specifications when appropriate.

COUNTER SCALES

The part of the definition reading

:

It is to be noted, however, that those types embraced in the definitions of platform scales, spring scales, computing scales, cream-test and butterfat-test

scales, and prescription scales and balances are considered under their specific

headings.

has been changed to read

:

However, those types embraced in the definitions of platform (including

counter-platform), spring, computing, cream-test, and prescription scales are

considered under specific headings; the specifications given here apply to the

first three classes, but only when applicable and not modified by the specifica- tions therefor. This change was necessitated by the change made in specification 14 under " Counter Platform Scales," to reserve certain of these

specifications to apply to other classes. CREAM-TEST AND BUTTERFAT-TEST SCALES

Under the heading " Tolerances " the paragraph reading

:

These tolerances shall be applied to single loads of 18 grams each added

successively until the maximum load as defined above, is placed upon the scale. has been changed to read : This tolerance shall be applied to loads of 18 grams each, one of which shall be added when the scale is under approximately the maximum load as defined above. The former method of test, if carried out exactly as described,

would, in the opinion of the committee, be tedious, unnecessary, and
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 73

impracticable. It is believed the new language provides a satisfactory and simple test and more accurately describes the original idea

in mind.

PRESCRIPTION SCALES AND BALANCES

CLASS B

A slight rearrangement of the material was made under this

heading and the side heading " Specifications " was added for the

sake of uniformity.

That concludes the presentation. We will be very pleased to go

into more detail in case anyone has any question to ask. The Chairman. Does anyone wish to ask any questions or dis- cuss this matter?

Mr. Flaherty. I make the motion that the codes of specifications and tolerances as contained in Bureau of Standards Handbook M85 be adopted as the official codes of the conference.

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

(At this point, at 12.45 o'clock p. m., the conference took a recess until 2 o'clock p. m.)
FOURTH SESSION (AFTERNOON OF WEDNESDAY,

JUNE 5, 1929)

TOUR OF THE LABORATORIES OF THE BUREAU OF STANDARDS

(The afternoon session of the conference consisted of a visit to the

various laboratories of the Bureau of Standards, particular atten- tion being devoted to the division of weights and measures. In order

to make the trip of maximum interest and helpfulness, the delegates

and guests of the conference were divided into small groups, each

group being in charge of a member of the staff of the bureau.)

74
FIFTH SESSION (MORNING OF THURSDAY, JUNE 6,

1929)

The conference reassembled at 9.50 o'clock a. m., at the Washington

Hotel, Dr. George K. Burgess, president, in the chair.

A NEW TESTING- DEVICE FOR LARGE-CAPACITY SCALES

By C. P. Smith, Sealer of Weights and Measures, County of Suffolk, N. Y. The coming of the automobile revolutionized methods in almost

every industry. Business concerns in all walks of life have accom- modated themselves to the changes brought about by this invention.

Where formerly a 3-ton scale or a 5-ton scale was large enough to weight the loads of preautomobile days, we now find 10-ton scales,

15-ton scales, and even 20-ton scales, common. Thirty years ago

50 bushels was the average load of potatoes carted by Long Island

farmers to the scales. Now the average load is nearer 200 bushels

and I have seen a truck with a load of 400 bushels driven on a scale. What steps have the weights and measure departments taken to meet this changed condition? I'll venture to say that the truckscale testing equipment in the possession of 95 per cent of the sealers

is no better than it was 10 years ago. How woefully inadequate

that equipment is ! Many of the city and county sealers have

1,000 pounds or less of test weights. At one of our State conferences

a State department inspector told of a city sealer whose truck-scale

testing equipment consisted of two 50-pound weights and a small

hand cart. With that equipment he made his rounds testing coal

scales and gravely placing his marks of approbation or disapprobation thereon. That, of course, is an extreme of inefficient inspection. It is almost equally ridiculous for an inspector with a small

runabout car with a box mounted over the rear end, carrying fifteen or twenty 50-pound weights, to test and pronounce judgment on a 20-ton scale. Such an outfit can be made to do where the scales are used to weigh loads up to 4 or 5 tons gross. In order to test to a capacity of 14 tons with but 1,000 pounds of test weights, it is obvious that 27,000 pounds of substitution material must be available. Those who have tested large-capacity scales by the substitution method know how difficult it is to get such material and how

laborious it is to handle it. At each substitution an error of 5 or 10

pounds, owing to the wind and to slightly different positions of the

beam when readings are taken, may occur. The accumulation of

errors may result in the conclusion that an accurate scale is inaccurate, or that an inaccurate scale is correct. In Suffolk County there are 180 wagon and truck scales varying

in capacity from 3 to 24 tons. The average capacity is about 15

tons. In 1920 my equipment for testing truck scales was an old

75
76 BUREAU OF STANDARDS

half-ton truck and thirty 50-pound weights. Being without practical knowledge of scale testing I thought my outfit ideal. In 1922

I listened to a paper delivered by George Warner, chief inspector

of weights and measures for Wisconsin. His subject was " Wisconsin Equipment for Testing Heavy-Capacity Scales." After listen- ing to Mr. Warner's paper I still had faith in my equipment, but

there was one thing about his outfit which appeared a step in ad- vance and that was the use of a small truck or " dollie " of a defi- nite weight on which was placed a certain number of test weights,

the whole being easily moved about on the platform of a truck

scale. In 1922 my department came into the possession of an ex- army truck. It was powered with a 2-ton motor, but the rear end

was of but 1-ton construction. Profiting by Mr. Warner's paper I constructed a dollie weighing 500 pounds. With my 1,500 pounds

of test weights, this made an even ton. I mounted a winch in the

truck and by means of the winch and skids was able to draw the

dollie and weights into the truck. The truck alone weighed 6,000

pounds, the weights and dollie 2,000, the combined weight being

8,000 pounds. The weakness of this outfit was that my test weights

did not equal the weight of the truck. I could not use the truck

for substitution until I had tested the scale to 6,000 pounds. Even

so this was a step in advance, for in using my loaded truck in making comparisons between scales I was frequently able to detect

weaknesses in scales. Too often at 8,000 pounds I found variations

between scales. Sometimes it was difficult to find where the error

lay.

In 1926 at the national conference, C. A. Briggs presented an

able paper on " Problems in Live Stock Weighing." It will be

profitable for every weights and measures official to read and reread

what he said in reference to the inspection of heavy-capacity scales. Permit me to quote a few lines. He said : " The proper testing of

scales is an engineering matter for which there is no occasion for

uncertainty. The tolerances provided define whether or not a scale

is accurate, and proper tests will determine whether or not the

scale will weigh within the tolerances. Experience shows that there

is just one way in which the accuracy of heavy-capacity scales can

be assured at heavy loads and that is to test the scales at heavy

loads." In the course of his talk he told of the method of testing

heavy-duty scales at the Detroit stockyards and showed pictures of

the equipment used. He had departed from the familiar 50-pound

weights and was using weights of 1,000 pounds each. That was

another step in advance and the inspiration for my new equipment.

Thousand-pound weights were fine, but my old truck was already

loaded to capacity. Two years more passed. In 1928 Mr. Rogers,

of the New Jersey department of weights and measures, described

their new outfit for testing truck scales. It was very similar to the outfit we have been using for the past seven years. They had advanced to the extent of using 500-pound weights. I finally made up my mind that something had to be done to assure the users of heavy-duty scales in Suffolk County that such

scales are accurate. I realized that means to handle 1,000-pound

weights and transport them from place to place would be expensive.
Miscellaneous Publications, Bureau of Standards, No. 101

Figure 10.Detailed view of cab and hoisting unit

TWENTY-SECOND CONEEEENCE ON WEIGHTS AND MEASURES 77

On the other hand, I considered the value of the commodities being

weighed annually on the truck scales in Suffolk County. The aver- age annual value of the potatoes weighed on these scales for the past

12 years is $5,000,000. In addition to that, about $3,000,000 per year

in coal is weighed. For a business of such magnitude it seemed to me that it would not be unreasonable for the county to spend $7,000 or $8,000 to make certain that the buyer and the seller should each

get his due. I went before the board of supervisors armed with figures showing the possible losses which must be stood by some one through the

use of inaccurate truck scales and explained the inaclequateness of

my equipment. I asked for a 5 -ton truck and sixteen 1,000-pound

weights. In addition, I asked for a power winch and crane of 5,000

pounds capacity. The matter was referred to a committee. The

committee reported favorably and $7,500 was voted for the equipment. The final cost complete was about $7,600. I will now give you a general description of my outfit. A general view of the outfit is shown in Figure 9. The boom

is 12 feet long projecting 3 feet over the rear of the truck.

In Figure 10 we see at the right the two levers by which the

hoisting apparatus is controlled; one lever controls the raising and

lowering gears while the other lever operates the clutch. The whole

thing is easily operated; when the hand is removed from the clutch

lever the machine automatically stops—wherever the weights happen

to be when the hand is removed from the clutch lever, they remain.

At the left of the illustration are shown the control levers within

the cab; in addition to the conventional hand-brake and gear-shift

levers there is an additional gear-shift lever for stepping up and

stepping down the power ratio for high and for very low speeds,

and there is also the lever for engaging the motor with the weighthoisting assembly.

Figure 11 brings out in detail the unloading of the weights on

the end of the scale platform and shows clearly the yoke by means

of which one, two, or three of the weights may be handled in one

operation. Also notice the chain hoist in the background. The

chain hoist is hand operated, and is used to move the trolley in and

out on the boom.

Figure 12 shows weights being loaded on the truck from the side

of the scale. The weight of the complete outfit as shown is 30,600 pounds.

The truck weighs 13,600 pounds and the weights, including twenty

50-pound weights, weigh 17,000 pounds, so an accurate test can be

made up to 15 tons. That is 2,000 pounds more than is permitted on the State highways, so I shall be obliged to lighten my load by

1 ton. Owing to the urgent necessity of giving our attention to gasolinepump inspection during the past month, I have inspected but seven truck scales with my new7 equipment. Of the seven, two were con- demned. I will say a few words about three of these scales. No. 1 is a 20-ton scale. I was a little doubtful about this scale,

but a careful testing up to 15 tons showed the scale to be in perfect

condition.
78 BUREAU OF STANDARDS

No. 2 is a 20-ton scale of a well-known and highly respected company. The scale was installed about six months ago, inspected, and

passed as correct. On being tested with my new equipment an error

of 150 pounds had developed at 15 tons. No. 3, however, is the scale which gave me the greatest satisfaction to test. This scale was sold as a 15-ton scale. The beam showed

15 tons. The scale was installed eight months ago and was tested

shortly after and condemned nominally because the poises did not

agree. The poises were adjusted, and in due time another test was

made. An error of 20 pounds was shown at 4 tons, and the scale remained condemned. A third test was made with no better result. About six weeks ago the manufacturer of the scale called me on

the telephone requesting that I name a date when I could meet him

at the scale and test it in his presence. I set a date and was present

with the new outfit. The scale man failed to keep his appointment.

I tested the scale up to 13 tons and found it to be 20 pounds fast at 4 tons and over 300 pounds slow at 26,000 pounds. A few days later the manufacturer again called up and apologized for his failure to keep his appointment. I told him of the result of my test. He

was very indignant when I told him I tested the scale up to 13 tons. He claimed that it is only a 10-ton scale and was sold as such.

However, I saw the bill for the scale and it read " one 15-ton scale." I advised the man to remove the scale. I am convinced that when

I have gone the rounds this year many truck scales will be found

lacking the necessary qualifications for use in trade. I do not wish anyone to get the impression that operating this

outfit is play. There is plenty of hard work attached to it. Pulling the trolley in and out on the boom is rather hard work. Then

there are the 50-pound weights. While I can arrange to unload

them all in one or two operations, so far, however, we have unloaded

them by hand.

After all nothing is accomplished without hard work, but with

this apparatus one has the satisfaction of knowing positively whether

or not the scale is accurate. DISCUSSION OF ABOVE PAPER

Mr. Sweeney. You have an advantage over the New Jersey equipment.

Mr. Smith. We think so; under the New Jersey system they unload from the end of the truck. In our system we can unload the

weights over the sides or the end and can distribute the weights to any point.

Mr. Sweeney. What do you do when you come to a covered

scale ? Mr. Smith. In that case we must unload the weights from the

truck and use a two-wheeled contrivance, such as Mr. Briggs described as being employed to test weights at the Detroit stock yards.

Mr. Sweeney. How do you calibrate your weights ? Mr. Smith. They were calibrated by the scale company. We

checked them against 1,000 pounds of weights.

Mr. Sweeney. Have you kept any data as to corrections you have

made on them in the course of your using them?
TWENTY-SECOND CONFEBENCE ON WEIGHTS AND MEASURES 79

Mr. Smith. I have not had them long enough to procure any

figures.

Mr. Sweeney. How long does it take you to unload all of these

weights and place them on a scale?

Mr. Smith. To unload all of those weights and place them on a

scale at the different corners takes about one hour. To make the same test using substitution materials would take a half a day or more. Mr. Griffith. How many men are involved?

Mr. Smith. Two men. If there is only one man on the truck,

there is always some one standing around who can be pressed into

service. The work of the man on the ground does not amount to very

much; he has merely to release the weights.

Mr. Griffith. Mr. Smith, in relation to the highway overload you

mentioned, could you not get a permit from the State highway

department to allow you to carry that weight if you equipped your

truck with pneumatic tires?

Mr. Smith. My old truck had pneumatic tires, but I did not like that because it was quite a task to inflate them and it is rather

injurious to have that weight remain on them for any length of

time. The solid tires, we decided, were very much more satisfactory.

We can make 25 miles an hour and the truck at that speed rides very

comfortably.

GASOLINE-METER INSTALLATIONS IN A RAMP GARAGE

By B. W. Ragland, Chief, Bureau of Weights and Measures, City of Richmond, Va. Mr. President and gentlemen of the conference, with your per- mission I am going to introduce my subject with a brief description

of the first 2-way spiral ramp built in the world, a striking

example of engineering skill and architectural ingenuity that is destined to evolutionize present standards of storage construction.

The 2-way ramp is the product of a Kichmond architect, Horace

L. Smith, jr., a member of the architectural firm of Lee-Smith &

Van Dervoort, designers of the garage. Since the completion of this

storage garage the Packard Motor Car Co. have erected an enormous

storage garage and have used this style ramp. The ramp consists

of two spiral inclines, one superimposed upon the other, both beginning at the street floor and running to the roof. The two ramps

are intertwined in a corkscrew effect. This garage is equipped with 18 hydraulic meter pumps of the

installation of which I will give a brief description. This building was designed for the storage of transient cars, so it was desirable

to provide means for dispensing gasoline on each floor. Due to the excessive head or pressure caused by the 6-story building and

the difficulty of pumping gasoline to the top floors, the system

finally selected was a hydraulic one. This method of handling gasoline consists of a water-float control box located on an upper floor of the building, the function of

this water box being to maintain a constant pressure or head on

the system. The box has a float which operates a valve like the

float valve in an ordinary toilet flush tank. The down-feed pipe
80 BUREAU OF STANDARDS

from the water box is fitted with an electrically-operated valve that

closes against the water pressure from the water box except when

one of the dispensing hose is removed from its hook. From this

solenoid valve the water pipe connects with a 3-way valve that is so designed that the water can flow from the water box to the

gasoline storage tank, or the discharging water from the tank can

flow through the water-control valve to the sewer. The discharge line from the tank is connected through a check

valve, then rises vertically to the top of the building to a return bend, which has a vent pipe extending about 20 feet above the roof,

and from the return bend the line runs to the basement and then

rises vertically again. From this last vertical riser the several

meters are connected on the different floors. The meters are of the same general design as ordinary house

water meters, being of the wabble displacement disk type. From

the meters the gasoline flows through a fabric hose that has a metal

nozzle at its end fitted with a hand-operated, self-closing discharge

valve. The hose is normally supported by hanging the discharge

nozzle on a special hook. The weight of the hose on the hook causes the hook to open a switch that is connected with the solenoid water- supply valve. When the hose is removed, the switch automatically

closes and energizes the solenoid, thereby opening the water valve

and placing the system under pressure. In explaining the normal operation of the system we will consider

the gasoline tank filled with gasoline with the exception of the

small amount of water that always remains in the tank. Upon the

removal of any hose from its hook, the system is under pressure by

the elevation or head of the water-float box. Upon opening the

hand-operated discharge valve at the end of the hose, gasoline flows

immediately, the column of gasoline extending from the tank up the

first riser, through the return bend, down to the basement and then

up the riser that is connected with the meters. In flowing through

the meter the gasoline causes the meter disk to move and operate

the registering and recording indicators.

When all of the gasoline has been drawn from the tank, if the

system is operated, water will flow up the first vertical riser to a point below the return bends, the height of this point, of course, being the elevation of the water-float box less a small amount caused

by the internal friction in the pipes.

When the tank is to be refilled with gasoline, the fill valve is opened, the water-control valve is opened, and gasoline poured in

the fill box. As gasoline flows into the tank, an equal volume of

water flows out through the water valve to the sewer. When the

tank is almost filled with gasoline, the head of gasoline is not

sufficient to elevate the water to the water valve, so gasoline backs

up in the fill box and prevents the gasoline flowing to the sewer through the water valve. When the tank is filled, the fill valve is closed, the water valve is closed, and the system is ready for service. It is well to note that a column of water 12

inches high will raise a column of gasoline approximately 16 inches

high. This is the reason that the pressure on the system caused by

the elevation of the water-float box will force gasoline up over the
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 81

return bends, which are located above the water box. The vent

connected at the top of the return bends is to prevent siphonage.

When this sj^stem was first placed in operation considerable diffi- culty was experienced in getting accurate readings through the

meters. Any one meter could be accurately regulated within the

prescribed tolerances when the discharge valve was fully opened

and remained so throughout the period of the reading. If more

than one meter was operated at the same time, the readings were in error by an amount greater than the prescribed tolerances. If only one meter was being operated at a time, but the nozzle-control valve

of that meter was only partially opened, erroneous readings resulted. This condition caused an investigation to be made as to the cause of

these errors and they were finally eliminated to a large degree.

The construction of the meters is such that the flow of gasoline

through the meter causes a displacement disk to oscillate, which in

turn operates the train of gears that records the amount of liquid

passing through the meter. In order to provide a means of adjusting and calibrating the meter a by-pass is provided, and the meter is so constructed that the total displacement of the measuring chamber

is less than the registration of the meter. With the meter in proper

adjustment, the greater part of the liquid flows through the disk

chamber and a small part through the by-pass, the total of these two,

however, being equal to the reading on the meter. The by-pass is provided with an adjusting screw so that the amount passing through

the by-pass can be regulated. It is by this adjustment that the meters

are calibrated. It was discovered that a difference in pressure caused a difference in meter readings; a constant pressure should be

maintained.

In the design of the meter, the cross-sectional area of the by-pass

is very small in proportion to the area of the disk chamber. The

resistance to flow is practically proportional to the velocity of the

liquid, and the velocity is proportional to the pressure. In the small

by-pass the resistance varies greatly, as internal friction builds up

quickly as the velocity increases. In the disk chamber the area is so large that practically the only friction against the flow is the

mechanical friction of the disk and its gear train. This remains

practically constant. The result is that if the applied pressure is reduced before reaching the meter, proportionally a larger per- centage will flow through the by-pass than will be the case when the

pressure at the meter inlet is greater. In simpler" words, a pressure

of 10 pounds per square inch will cause a given number of gallons

to flow per minute through the disk chamber, and a pressure of 20

pounds will cause practically twice the number of gallons to flow

per minute. With the by-pass, when the pressure is doubled the

rate of flow will not be doubled. It was the difference in rate of

flow between the disk chamber and the by-pass that caused the error

in readings. A remedy was attempted by the addition of auxiliary

pipes tapped in the main lines which acted as a reservoir and furnished the necessary fluid to keep the pipes full at all times, thereby

eliminating any chance of air pockets or reduction in pressure. This was not entirely effective. 74737—29 7
82 BUREAU OF STANDARDS

The next remedy attempted was to prevent a difference in pressure. With a relatively long run of pipe and not very great pressure, the pressure drop on the meter riser varied greatly with the number

of meters being used at the same time. The solution was to provide

a valve at the inlet of each meter that could be so adjusted that,

regardless of the pressure on the supply riser, with the nozzle valve

open the rate of flow through the meter was fairly constant. When

more than one meter was operated at the same time, the pressure

in the meter riser would, of course, drop, but would not drop below

the pressure to which the meters had been regulated. This was

successful in overcoming our difficulties, since tests made showed the

meters within the prescribed tolerances. Therefore, I passed the

system.

(During the reading of the above paper Mr. Ragland illustrated

by means of lantern slides a number of the matters discussed.)

THE EFFECT ON SCALE DESIGN OF HIGHWAY AND MOTORTRUCK DESIGN

By M. H. Staer, Consulting Engineer, Howe Scale Co. In the course of certain investigations being made for the Howe

Scale Co. selling organization certain facts in relation to the subject

of this paper were brought out. Learning of this, Mr. Holbrook,

of the Bureau of Standards, suggested that this subject might be of

material interest to this conference. The motor-truck scale of to-day

involves relatively a considerable expense for its installation. With

the stress limits and loading assumptions for motor-truck scale design as set forth by the American Railway Engineering Association,

it is safe to assume that the expected life of such a scale under aver- age traffic and maintenance conditions will be in the neighborhood

of 15 years with perhaps one overhauling.

It follows, then, that sellers should qualify themselves as far as possible to recommend to prospective purchasers motor-truck scales best adapted to future requirements. In doing so, it is essential that

the economics of motor-truck transportation be studied so that motortruck scales of to-day will surely have ample capacity to take care of motor traffic conditions of at least 10 years hence.

It is altogether reasonable to assume that economical motor-truck

transportation rests broadly upon the same cost factor as railway

transportation, and that the same trend of development will influ- ence motor-truck design as has in recent years influenced railway

transportation. This primarily concerns development of power and

way to a point that will allow the maximum tonnage to be moved

in one train unit. It has ever been with the railways that loads and

speeds are governed by the capacity of the track; that is, not con- sidering other limitations imposed by clearance restrictions. Our highways may be roughly compared in their diversity to

earlier railway lines and, to a lesser extent, highway conditions now

are analagous to present railway conditions. Main line rails are

suitable for both heavy and high-speed traffic. These are comparable to through highway arterials. Feeder lines, in both cases, are not suitable for either heavy or high-speed traffic. Therefore, there

must be a limit upon loads carried upon the feeder or secondary lines
TWENTY-SECOND CONFEKENCE ON WEIGHTS AND MEASURES 83

so that they will not be broken clown by traffic for which they are not suited. It is quite evident, then, that the load-carrying capacity of motor

trucks at the present time is not being limited by the purchaser, but

rather by the carrying capacity of the feeder or suburban highways.

The demand, however, for larger capacity motor trucks is economically sound and is of such material importance that it is recognized

that development of highways must be in the direction of increased

load-carrying and vehicle-per-time capacity. The time element need

not concern scale designers as that largely is dependent upon the

permissible width of highways.

This subject is being given intensive consideration by the MotorVehicle Conference Committee which stands by the authority of

the American Automobile Association, National Automobile Chamber of Commerce, National Automobile Dealers' Association, Motor

and Equipment Association, and Rubber Association of America.

In their last report, issued January, 1929, is is stated

:

In behalf first of the safety and convenience of vehicular and pedestrian

movement on the highway ; and second, to prevent uneconomic and unjustifiable wear and tear of highways, it has been found necessary to impose size, weight,

and speed limitations upon motor vehicle use. The primary consideration is not the cost per ton of hauling, but

rather the conservation of human life and the preservation of the

highway.

Continuing with the committee report

:

These restrictions have been imposed by State laws, or by municipal ordi- nances in such States where the necessary power has been delegated the local governing bodies by the State legislature or by liberal home-rule provisions in the State constitution. The Federal Government while, no doubt, potentially able to impose size, weight, and speed restrictions on motor vehicles engaged in interstate commerce, has not yet taken steps in this direction. On the other hand, every tendency is away from municipal ordinances, es- pecially in matters of size and weight restrictions, and in the direction of unqualified State control. That the laws of the various States in the matter of operating limitations

for motor vehicles should be uniform is scarcely open to question. What the standards of such uniformity should be is therefore a vital consideration. Obviously, among the various kinds of highways and highway surfaces and,

indeed, among the various highways of a certain kind there are strips of mileage which will carry bigger, heavier, and more swiftly moving vehicles than others. So, too, upon any one strip of some highways there are times of the year or conditions of weather when restrictions should be lower than

ordinarily deemed necessary. This at once raises the following questions

:

(a) Shall the dimensions, weights, and speeds of motor vehicles and their loads be reduced to the capacities of the weakest highways or parts thereof, or

(&) Shall all highways and parts thereof be lifted up to standards of im- provement adequate to carry the biggest, heaviest, and swiftest loads that users of motor vehicles desire to place upon them?

The Motor-Vehicle Conference Committee believes that between these two

extremes lies a compromise which motor-vehicle manufacturers in designing

their vehicles, highway engineers in building their roads and bridges, and

public authorities in maintaining and regulating traffic upon them, would do

well to follow. Translated into specific recommendations, this middle ground

taken by the conference committee calls for the following

:
84 BUREAU OF STANDARDS

Size restrictions

1. Width, including load, 96 inches. (Traction engines, 108 inches.)

" 2. Height, including load, 14 feet 6 inches.

3. Length, including load: (a) Single vehicle, 33 feet. (&) Combination of vehicles, 85 feet. Gross weight restrictions

1. Single vehicular unit of four wheels or less (tractor, semitrailer or

trailer to be regarded as separate unit), 28,000 pounds. Single vehicular unit

of more than four wheels should be granted additional weight irrespective of axle spacing.

2. Any one axle of a single vehicular unit of four wheels or less or any axle

of semitrailer or trailer, 22,400 pounds.

. 3. Per inch width of tire measured between flanges of the rim in case of

solid rubber tires.. Load per inch (maximum

Size of tire pounds)

3-inch 400 3%-inch 400

4-inch 500

5-inch 600

6-inch 700

7-inch . 750

8-inch 800

10-inch 800

12-inch 800

14-inch 800

4. Minimum thickness of rubber for solid rubber tires : inches

3, 3%, 4, and 5 inch tires %

6, 7, and 8 inch tires 1

10, 12, and 14 inch tires 1%

It will be seen that these load limitations are for the purpose of

keeping the bearing pressures per square inch within accepted limits. These unit pressures are all well within the design considerations

set forth in the A. R. E. A. schedule.

The findings of such a representative bod}r as this committee can

not but have a profound effect and influence upon those having to do with setting up regulatory measures and, for some time to come,

it is at least reasonable to presume that loading and principal di- mensions will be about as set up in the foregoing schedule. There

'•will always be special conditions requiring special scales. But, it is not the extreme or unusual that is here under consideration ex- cept as such special cases might be an indication of future practice.

As late as 1923, the American Railway Engineering Association,

through their Yards and Terminals Committee, set up the following

list of motor-truck scale sizes and capacities adequate as of that

date

:

Platform dimensions in feet 40,000-pound (for 7y2 -ton trucks) 20 by 9. 22 by 9, and 24 by 9. 30,000-pound (for 5-ton trucks) 18 by 9 and 20 by 9. 20,000-pound (for 3y2 -ton trucks) 16 by 8 and 22 by 8. At that time, it was the practice to state the size of a truck as its carrying capacity; thus, a 7y2 -ton truck had a nominal pay-load

capacity of 15,000 pounds. That practice is now largely replaced

by stating the size of the truck as the gross weight. This has been
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 85. brought about mainly by tire manufacturers who have demanded,

for the protection of their mileage and load-carrying guaranty,

that their tires be not subjected to loads greater than their rating.

Where the capacity of truck is given as net loading, the gross load

might vary by wide amounts due to the type of body Used, method of

weight distribution, style of dumping arrangement, and other variable factors. It is interesting to know that, while the A. R. E. A. foresaw

nothing in 1923 that would require platforms in excess of 24 feet in length, at the present time, all scale manufacturers are listing a

30-ton, 30-foot platform, and the Howe Scale Co. have recently

furnished two 90-foot motor-truck scales for use on the West Coast. These, of course, are to accommodate tractor and two trailers in

train. These exceptions are not, in our opinion, an indication of

the retirement of any of the scales now listed, but do represent a new and permanent development in motor-truck haulage.

As it is quite evident that load concentrations will not be materially increased, owing to the advisability of keeping unit loads

within about the present limits to protect the weaker feeder lines,

development of motor-truck scales should be toward longer platforms and capacities above 20 tons. For some time, the 16 and

18 foot platforms will be in active demand in urban districts: There is a strong indication that the demand for the scale of a capacity of 15 tons will decrease. The difference in cost between

the 15 and 20 ton is relatively small, and where there is a necessity

for 15-ton weighing capacity in a majority of cases, it is better

to install the 20-ton scale. Even should weighing traffic never ex- ceed the capacity of the 15-ton scale at the point under considera* tion, the expense of the 20-ton is amply warranted by the greater

life of the longer knife-edges and the larger recovery value at any

given time within the life of the unit. *' There is a strong tendency toward concrete platforms and, where

well designed, these are very satisfactory. At the present time the

added dead load following the use of the concrete deck is ignored}

but this is an item that will doubtless be considered in defining the

scale's capacity, for in some cases the weight of concrete platform

may equal 30 per cent of the weighing capacity. Other types ot

decks have been experimented with, such as steel-plate covered with

wooden blocks, concrete with mastic wearing surface, laminated or

mill-type wooden decks. All of these possess certain advantages,

and, no doubt, as a result of their use, some one construction will

show its superiority over others and be generally adopted.

Automatic indicators are of very material value in speeding up

the weighing operation and eliminating the factor of "judgment"

of the weighman. They are not necessary in all cases, but where

speed is a material item, the automatic devices have proven their

worth. The motor-truck scale of to-day is giving performance

records altogether the equal of the modern railroad track scale, but

purchasers should by all means install units of ample platform size and weigh capacity to take care of increasing motor-truck loads of

the future.
86 BUKEAU OF STANDARDS

A COOPERATIVE PROGRAM OF THE AMERICAN AUTOMOBILE

ASSOCIATION

By Ernest N. Smith, General Manager, A. A. A.9 Mr. Chairman and gentlemen of the conference, I am happy to appear before this conference to discuss a problem of vital interest to the American Automobile Association and its 1,075 affiliated clubs

located in every State of tHe Union. That problem is the protection

of the motoring public from dishonest gasoline vendors in the sale of gasoline and oil. The responsibility for the enforcement of the weights and measures

laws dealing with this subject rests with you as public officials of

the various States charged with the duty of protecting the public

interest by strict enforcement of the weights and measures laws.

While the responsibility for the enforcement of these laws is dele- gated to you, the methods of meeting this problem can be best ac- complished through the active cooperation of the motoring public.

Notable examples of club cooperation in gasoline check ups are the

work of the Cleveland Automobile Club, Detroit Automobile Club,

Cincinnati Automobile Club, and a number of other A. A. A. clubs

in different parts of the country, which have been cooperating with

the State and local officials in conducting periodical gasoline check

ups. The stations visited are picked by the number of complaints

which come through various sources to both the A. A. A. club and

the city weights and measures official over a period of months. I am advised that this cooperation has proved effective, and on behalf

of the American Automobile Association and its affiliated clubs I pledge their continued and active cooperation.

Now, what is the problem? During the calendar year 1928 there were in operation in the various States 24,500.000 motor vehicles.

* These vehicles consumed approximately 12,000,000,000 gallons of

fasoline, representing a retail price of about $2,500,000,000. We

now in making these purchases there is bound to be dishonesty in

measuring out this enormous volume of gasoline. From a survey

recently made by the American Automobile Association it was

found that the motoring public in the United States is being robbed

by dishonest operators of retail gasoline pumps of a sum conservatively estimated at $20,000,000 annually. This estimate is based upon the results of check ups conducted by State and local weights and measures officials in various parts of the United States

in cooperation with A. A. A. clubs. For instance, in one city where

a check up was conducted, it was disclosed that out of 100 purchases

of gasoline, 25 prosecutions followed, with 23 convictions, these pros- ecutions being made on shortage of 1 quart or more. In another city

in a check up campaign 91 gasoline stations were visited, resulting in

15 attendants being caught selling short measures, while in another,

during a recent drive to rid the city of dishonest operators, 391

gasoline purchases were made which showed that 44 gas stations, or 14 per cent, made short-measure sales ranging from 1 pint to 1^4

gallons. So, based upon these scattered investigations in different

6 In the absence of Mr. Smith, who was called out of town on urgent business, this paper was presented to the conference by Max. K. Kimball, of the American Automobile

Association.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 87

parts of the country we concluded that it was safe to assume that

at least one-sixth of the total gasoline sold in the United States in

1928, or approximately 2,000,000,000 gallons, was subjected to short measure, and that the shortage averaged 1 quart in every 5 gallons.

This simply means, if our conclusions are correct, that the motorists of the nation were " gypped " out of 100,000,000 gallons of gasoline, and that at the current average cost of gasoline their money

loss was at least $20,000,000.

At this point it should be well to point out that this condition

should not be attributed to the responsible oil companies or station owners. It has been found that they are as anxious as is the public

to eliminate the dishonest operators because they realize that honesty

in business is " good business."

For the solution of this problem it is essential that a clear understanding exist of the conditions which it is designed to correct, and

of the results which it is planned to accomplish. A survey of the

weights and measures laws of the various States, with particular

reference to the sale of oil and gasoline, reveals one or more of the

following conditions

:

(a) In several of the States adequate weights and measures laws

have not been adopted.

(h) In others, although adequate laws do exist, official administrative machinery has not been set up to carry the laws into effect. (c) In even a greater number of States no periodical check ups

have been provided to determine violations and prosecute dishonest

§asoline vendors. These last two conditions are due to the lack of

tate appropriations.

Therefore, to solve the problem to protect the motorist from short

measure, three steps are in order, namely: (1) The adoption of adequate laws (where such laws do not already exist), (2) adequate

State organizations, and (3) effective enforcement.

As to adequate legislation, I am pleased to say that the National

Conference on Weights and Measures has accomplished a splendid

piece of work in the drafting of a model State weights and measures law in three forms to meet conditions applicable in each State. Last year after our survey of this problem, we dispatched a bulletin

to all our affiliated clubs in the various States, pointing out how the

affiliated clubs could cooperate with the local weights and measures

officials in securing the adoption of adequate laws and additional appropriations to enable the States rigidly to enforce them through

periodical check ups. As a result of this step our affiliated clubs in a large number of the States are cooperating with the State and

local weights and measures officials in this important work.

In addition to this program, we have carried on an educational

program in the way of publicity in order to arouse the public to the end that the various State legislatures might appropriate suffi- cient funds in order that your various State weights and measures

departments might function 365 days a year and enable periodical

check ups as a basis for prosecutions to weed out the dishonest

operators.

In seeking a solution of the problem of short measures in the sale of gasoline and oil, the motoring public owes a great debt of gratitude to the National Conference on Weights and Measures.
88 BUREAU OF STANDARDS

The American Automobile Association is of the opinion that

while station owners have cooperated to eliminate the dishonest

vendor, the petroleum industry itself should take notice of its signifi- cance. In this connection it might be pointed out that the American

Petroleum Institute last December adopted a National Code of Practices for the petroleum industry which is now before the Federal

Trade Commission for consideration. We were astonished to find

that the code was silent upon many questions relating to the industry, which the motorists of the Nation feel should be considered. An

analysis of the proposed code adopted by the petroleum industry

discloses that its adoption would accomplish little or nothing to eliminate the undesirable practices and conditions that have militated

against the interests of the purchasing public and which have cul- minated in a large volume of national resentment. Particular atten- tion is called to the fact that the code does not propose any remedial measures within the industry itself for the prevention of short sales of gasoline and oil. It says nothing about the stabilization of prices

which now vary like a kaleidoscope in areas where basic conditions

are the same. It says nothing about the excessive number of stations

and pumps which tend to increase the cost of doing business and the

price to the consumers. It says nothing about the universal adoption

of standard mechanical facilities to insure full quantity and quality.

These are some of the matters which the American Automobile Association called to the attention of the American Petroleum Institute

representing the industry, and later made the subject of representations before the Federal Trade Commission which is now considering

the proposed Code of Trade Practices for the petroleum industry.

A great deal has been said concerning cooperation within industry

for the solution of business evils, but in spite of some progress in

this direction, your duties as public officials in protecting the public's

interest never cease. In closing, I want to assure you that the American Automobile

Association and its affiliated clubs are tremendously interested in

insuring the immediate set up of adequate enforcement machinery

to achieve the desired results. This can be accomplished by the fol- lowing program:

First, the adoption of new legislation on weights and measures by

those States where the existing law is inadequate

;

Second, in the set up of the State and local enforcement organizations with a personnel able to administer the law

;

Third, in securing sufficient appropriations by the legislatures to enable the State organizations to rigidly enforce the law.

To this end the affiliated clubs of the American Automobile Association pledge their continued cooperation.

DISCUSSION OF ABOVE PAPER

Mr. Griffith. In view of the fact that a large number of the

sealers are members of the A. A. A. and carry their card, I think

it would be well for the automobile clubs to take the initiative to secure legislation that would protect the buyer. The American

Automobile Association would have the fullest cooperation of the

sealers in this endeavor. Carry that thought back with you.

Mr. Kimball. I think the automobile clubs in the different States

are doing all in their power to put over this legislation, which is
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 89

necessary to straighten out these dishonest gasoline vendors. This

is a thing that does not go through easily, but the American auto- mobile clubs are going to do it. They are behind the movement to put out of business every dishonest gasoline man in the United

States. This legislation will come through the effort of the clubs,

with the cooperation of the inspectors and State officials. Mr. A. B. Smith. Mr. Chairman, I desire to interrogate the gentleman who has just left the floor. Mr. Kimball. I will refer you to Mr. Bing, of the research

department.

Mr. A. B. Smith. Has the American Automobile Association

gathered any statistics tending to show to what extent the motoring

public, the gasoline-purchasing public, have made this cheating of

themselves possible?

Mr. Bing. You refer to the negligence of the public in not being

careful in checking up the operators ? Mr. A. B. Smith. Yes. Mr. Bing. We have checked up to some extent, and found that

women in particular are very negligent in watching the operator.

That is a problem that should be solved by education. We stress that in our magazine.

Mr. A. B. Smith. Can you tell from your figures what portion

of that loss which you have estimated might be applicable to the

State of Pennsylvania?

Mr. Bing. You appreciate that those results are based on scattered

investigations. We can not give any specific data for any State. That is impossible.

Mr. A. B. Smith. Can you tell me how the work of the officials in

Pennsylvania showed up?

Mr. Bing. There is a very good set-up in Pennsylvania, and it strictly enforces the law.

Mr. Griffith. I would like to mention that it might be well for

the local managers of the A. A. A. to get in touch with the various

sealers who are members of the local associations, and for the local weights and measures officials to get in touch with the local clubs, so that there would be concerted action to get legislation through.

In the last legislative session we tried to get needed legislation, and

if the automobile clubs and the weights and measures officials of the

entire State of Maryland had concentrated on that particular piece

of legislation we would have had it enacted. If the A. A. A. co- operated with the weights and measures officials they would probably

get further than if each tried to do it individually.

The Chairman. Is there further discussion? The subject evidently is a very important one from many angles.

REPORT OF COMMITTEE ON SPECIFICATIONS AND TOLERANCES ON

SPECIFICATIONS AND TOLERANCES FOR GREASE-MEASURING

DEVICES, PRESENTED BY F. S. HOLBROCK, CHAIRMAN

Your Committee on Specifications and Tolerances have to present

V at this time and to propose for final adoption, the code of specifications and tolerances tentatively adopted by the Twenty-first National

Conference held in 1928.

Your committee took care to give these specifications and toler- ances wide publicity and to invite criticisms from all interested
90 BUREAU OF STANDAEDS

parties. In response to this invitation the committee received a

considerable number of comments. We then carefully reviewed the

specifications as adopted, and gave studied consideration to all suggestions made by weights and measures officials, manufacturers of the

devices, and the petroleum industry. As a result some amendments

were believed to be advisable. The report which was placed in your

hands on Tuesday contains the majority of these amendments.

At the request of the American Petroleum Institute your committee

held a joint meeting yesterday with a representative group from the

petroleum industry. The meeting was a very friendly and helpful

one, and as a result two additional amendments have been agreed

upon by your committee and these will be presented in connection

with the ones mentioned above.

Your committee desires to take this opportunity of discussing

briefly the question of the dates at which codes and amendments to codes are recommended to take effect since the practice in this regard,

while reasonably uniform, does not appear always to have been understood by the members of the conference and by the other interested

parties.

The committee believes that we have not allowed too much time

in the past, but, on the contrary, we feel that it may be possible better

to express the original intentions of the committee in this regard and

to make it clearer from the beginning what is to be expected, even though the actual date of the taking effect of a proposal may not

actually be affected thereby.

The idea by which it is thought this may be accomplished may best

be illustrated by a specific case

:

In 1927 the committee proposed that a device be required on piston

pumps designed visibly to indicate that the pump is full and ready

to operate. It was provided that this provision be adopted tentatively for review at the 1928 conference and that it should not go

into force and effect prior to July 1, 1928. This date was inserted

to postpone enforcement by officials while the proposal was under

consideration. When the provision was formally reviewed and

finally adopted in 1928, it became necessary to consider the date upon

which it might reasonably be enforced, and the recommendation that

it be not put into force and effect prior to July 1, 1929, was proposed.

On the face of it there appears to be a delay of a year additional to that at first contemplated.

As a matter of fact we feel that the entire period elapsing between the date of the proposal and the date upon which it was

finally limited to take effect probably was not excessive, and that a shorter period would not have afforded the manufacturers sufficient opportunity to produce devices in compliance, without hardships,

such as interruption of production schedules, etc. In the first place

the allowance of one year after tentative adoption before final consideration and adoption, seems to be a sound policy. During the

year thorough consideration can be given the proposal by all parties

at interest and a consensus arrived at as to whether there is actually

a condition demanding a remedy, and, if so, if the remedy proposed

is a sound one. Officials, the manufacturers of the apparatus af- fected, and the industry involved can present their arguments along
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 91

this line, amendments can be proposed, and thus faulty requirements can be kept out of the regulations, and the adoption, if and when

made, will be in satisfactory form.

Now considering the proposal as finally adopted, it is equally rea- sonable that a sufficient interval be granted to allow the manufacturer

to comply with it. Surely a manufacturer should not be obliged to prepare himself to comply with a " tentative " specification, since

this may never be finally adopted. Were he to be obliged to be at once ready to comply upon final adoption, most of the advantage

now derived from the " tentative " adoption might be lost. Therefore an additional period of time is necessary and 13 months is probably not too long in most cases. Therefore, in our present example,

at the time of final adoption in May, 1928, it was provided, as mentioned above, that the amendment should not take force and effect until July 1, 1929. As stated above we do not believe that the total period elapsing was too long a postponement before a mandatory enforcement and we think that a shorter period would have been unjust to the manufacurers as a whole. Any manufacturer believing that the incorporation of the construction proposed, in his product, was to his best

interests could, of course, utilize it at any time that he might desire

to do so. The change in practice which we now consider as desirable does not

then involve a change in the total period, but consists in forecasting

as accurately as may be at the time that the original proposal is made by the committee, what the total period will be. This would

have involved, in the case under consideration, that in the original

proposal of the committee it should have been recommended that

the proposal be not put into force and effect prior to July 1, 1929. The final adoption in 1928 might then have followed in due

course, but without a change in the date originally suggested. This

procedure would more accurately have informed manufacturers as to what was to be expected to develop in this relation.

In accordance with the above precedents, your committee recom- mends that if the code of specifications and tolerances for grease- measuring devices is adopted^ finally at the present session, it be not

put into force and effect prior to July 1, 1930. In this code and the amendments proposed, it is to be noted particularly that careful attention has been given to making the specifications nonretroactive in so far as this is consistent with proper

protection to the purchasing public.

The specific amendments will be brought to your attention in

order.

Respectfully submitted.

(Signed) F. S. Holbrook, Chairman,

Wm. F. Cltjett,

A. W. Schwartz,

Ciias. M. Fuller,

I. L. Miller,

Committee on Specifications and Tolerances.
02 BUREAU OF STANDARDS

DISCUSSION OF ABOVE REPORT

Mr. Holbrook. The first amendment proposed is one which is not on the sheet which is in your hands ; the committee recommends the

insertion of the following note preceding the definition:

• Note.—A grease weighing and dispensing device is a mechanism or machine adapted to weigh and deliver grease or transmission oil by weight. The

following specifications and tolerances are not to be construed to apply to devices of this character, but only to devices of the character specifically defined below. You will remember that the proposal in the present code is that

when dispensed by machines embraced in this code, grease at retail

•be sold by volume—specifically, in terms of the pint liquid measure.

, ' This proposal was made to protect the operators of the machines

with which we are familiar—in which the determination of the

quantity is made by volume—as it is always dangerous to guarantee

.a definite weight, when the method of determination is by volume.

'However, the committee recognizes that if grease can be weighed at

retail then there can be no objection to the sale of such grease by

weight, and this note is incorporated to make that point clear. Thus

there will be allowed full freedom to inventors to develop and to put

upon the market devices which determine the quantity of grease

gravimetrically.

The Chairman. Gentlemen, is it your pleasure to take up these

items one at a time? If there is no objection the Chair will enter- tain a motion to approve or disapprove the amendment proposed.

I

' (A motion was made and seconded that this amendment be

[adopted, the question was taken, and the motion was agreed to.)

, Mr. Holbrook. The second amendment proposed is to the defini- tion, and is included in the sheet before you. The committee recom- mends that the definition be amended by inserting the word " defi- nite " before the word " volume " in the first sentence ; at end of

definition add the following words

:

or devices employed solely in operations where a fiat rate is charged for the operation and no variation in the charge is made on account of the supposed

amount of grease or transmission oil delivered. When a device is so used

"there shall be no indicating device or statement purporting to indicate that any definite weighed or measured quantity can be delivered by the device. The definition as amended will then read as follows

:

Definition.—A mechanically operated grease measuring and dispensing device, hereinafter referred to as a grease-measuring device, is a mechanism or machine adapted to measure and deliver grease or transmission oil by definite volume. This definition is not to be construed to include devices which are

obviously designed and intended solely for high-pressure lubrication of bearings

and similar parts or devices employed solely in operations where a flat rate

is charged for the operation and no variation in the charge is made on account

of the supposed amount of grease or transmission oil delivered. When a

device is so used there shall be no indicating device or statement purporting

to indicate that any definite weighed or measured quantity can be delivered by the device. The Chairman. Is there any discussion?

(The amendment was duly adopted.)

Mr. Holbrook. The next amendment is the other proposal which

is not included in the sheet which is in your hands.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 93

The recommendation is to amend Specification 3, Indication :of Delivery, by adding at the end thereof the following : t Provided, however, That a device in use at the time these specifications take

effect shall not be required to comply with the above requirements for auto- matic indication of the amount delivered when the device delivers, within the

tolerances hereinafter provided, a unit quantity of a pint, a multiple of the

pint, or a binary submultiple of the pint per stroke or per cycle of its oper-^ ating elements, and when, in addition, the device is conspicuously and perma: nently marked to indicate the value of this unit quantity.

The specification as amended will then read as follows:

3. Indication of Delivery.—All grease-measuring devices shall be so de- signed and constructed that the initial zero condition and the amount delivered

in terms of liquid measure shall be clearly and definitely indicated by auto- matic means, and the indication of any delivery shall take place only when

the full discharge has in fact occurred: Provided, however, That a device

in use at the time these specifications take effect shall not be required to comply with the above requirement for automatic indication of the amount de- livered when the device delivers, within the tolerances hereinafter provided,

a unit quantity of a pint, a multiple of the pint, or a binary submultiple of the pint per stroke or per cycle of its operating elements, and when, in addition; the device is conspicuously and permanently marked to indicate the value of

this unit quantity.

The reason for this proposed amendment is that there are a very

large number of devices on the market and in use to-day which will

deliver grease with reasonable accuracy—which, it is said, will deliver grease within our tolerance—but which do not, at the presenttime, indicate the amount delivered, when they are operated.

Neither do they automatically count the number of strokes made

in any specific delivery. However, on the devices in question one

revolution of a crank or one stroke of a piston, for instance, will- deliver a definite amount of grease; for example, a half-pint or -a pint.

In the case of these devices, the customer, it seems to us, is rea- sonably protected. If the customer is present at the operation he can see to it that the stroke of a piston is actually a full stroke or; he can see to it that the revolution of a crank is completed, when the

delivery is made to him. If more than one unit quantity is purchased he can count the number of times the operation is performed.

While the plain indication of the unit amount and the counting of

these amounts by an automatic device is certainly preferable and

will be required in devices sold after these specifications take effect,

these requirements are not considered so vital that they should 'be. insisted upon in the case of devices already in use. This amendment

provides that if accurate deliveries can be accomplished by normal

operation, the indicating and counting mechanism may be omitted

upon devices which are in use at the time that these specifications

take effect, whenever such devices are calibrated upon the basis of

unit deliveries of a pint or a multiple or binary submultiple thereof,

and are suitably marked to indicate the value of the unit delivery.

The saving to the oil industry will be very considerable, and it is to be assumed that this saving, or a considerable portion of it, will

be passed on to the consuming public.

The Chairman. Is there discussion of this proposed amendment?

(The amendment was duly adopted.)
94 BUREAU OP STANDARDS

Mr. Holbrook. It is proposed further to amend this specification

by adding a footnote referable to the words " in terms of liquid

measure," and reading as follows:

Devices which at the time of adoption of these regulations in any juris- diction are marked to deliver in pounds rather than in pints and which in other

respects conform to the retroactive sections of this code or are susceptible of being made so to conform, should not be condemned and confiscated on this ground alone, but the word " pound " should be obliterated wherever it occurs and the word " pint " substituted therefor. In this case the device should be readjusted if necessary. It seems that that is self-explanatory.

The Chairman. Are there any remarks ? (The amendment was duly adopted.)

Mr. Holbrook. The next amendment proposed is to Specification

No. 4, Sensitiveness, and consists of making a portion of it retroactive

and the remainder nonretroactive, as indicated in the following

:

4. Sensitiveness.—All grease-measuring devices shall be so designed and con- structed that they can readily be operated to deliver each quantity for which a

graduation, stop, or other indicating means is provided, within the tolerance on

such amount hereinafter provided, and whenever any scale or dial is at some

point or points or at all points the sole or most sensitive means of determining

the amount of lubricant discharged, a volume of 1 pint shall be represented om such scale or dial by a length of not less than 1 inch. The Chairman. Are you ready for the question on this amendment ? (The amendment was duly adopted.)

Mr. Holbrook. The next proposal is to amend Specification 5. Constancy of Delivery, by making it nonretroactive throughout, as follows

:

5. Constancy of Delivery.—The amounts delivered by any grease-measuring

device shall not vary from the standard by more than the tolerances hereinafter provided (i) irrespective of the speed at 'which the device is operated, except

that in the case of devices operated by air pressure, when operated at an air pressure lower than the minimum pressure specified by the manufacturer, the

tolerance shall be applied in deficiency only—that is, the device shall not be deemed to be incoinrect by reason of the tolerance in excess being exceeded during such method of operation—and (2) irrespective of the time elapsing between

op<rrations. In the case of all devices operated by air pressure there shall be

legibly marked on the dial of the air-pressure gauge, by special graduations or otherwise, tlie maximum and minimum working pressures recommended by the manufacturer. The portion of this specification made retroactive last year is now

being recommended to be made nonretroactive. It is believed that

the tests described, while perfectly reasonable tests on devices put

into use after this code has gone into effect, should not be strictly

enforced upon devices which are already in use at the time this action

is taken.

(The amendment was duly adopted.)

Mr. Holbrook. The suggestion is made to amend Specification No.

6, Indicating and Kegistering Parts, by making nonretroactive the

word "easily," in the phrase in the first sentence, "may be easily

read." This specification will then read as follows

:

6. Indicating and Registering Parts.—Counters and graduated scales and

dials used on grease-measuring devices to tally sales and deliveries to individual purchasers or to indicate the amount delivered when any portion of the cycle
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 95

or stroke has been completed, shall be of such size and style and shall be so

located and disposed that they may be easily read. The graduations shall be of such character and arrangement that the major ones are more prominent than

and are clearly distinguishable from the minor ones. In all types of grease- measuring devices which utilize a graduated scale or dial to indicate the amount

of lubricant discharged, the width of the graduation marks shall not exceed

0.0J/ inch. (The amendment was duly adopted.)

Mr. Holbrook. The next amendment is a general one, and consists in adding material at the end of the code under a heading

"General Note." This is not to be a part of the code proper, but

is merely a forecast of what may happen at some future time. At

present the specification suggested is not to be considered as either

tentatively or finally adopted. Notice is merely served upon the

manufacturers and the industry that at some future time such a proposal as is here mentioned may be deemed necessary. That time

will certainly not arrive until after there are a number of devices on

the market, made by various manufacturers, that can comply with

the specification. To act otherwise would tend to set up a monopoly. The creation of a monopoly in the manufacture of devices

complying with specifications is something which the committee

and the conference have always sedulously avoided.

The proposal is to add the following material at the. end of the

code

:

GENERAL NOTE

Device to Indicate Exhaustion of Supply.—The conference goes on record

to the effect that it is its opinion that such a device as is mentioned in the

following paragraph is a very desirable one, but considers that the time is not yet ripe to recommend its adoption. The conference suggests, however,

that at some future time steps may be taken to incorporate the following

paragraph in the code of specifications. All grease-measuring devices shall be provided with a device which will make the unit inoperable when the supply of grease or transmission oil has

reached a point where the accuracy of delivery would be affected, or shall be so constructed as to warn the purchaser and the operator in a conspicuous

and distinct manner that the level of the supply is so low as to endanger the accuracy of the measurement. Such a solution would be a very happy one, in view of the fact

that it would prevent the supposed delivery of grease from a device

which was empty. To add one word in connection with this, I may

say that if that specification is ever recommended to the conference

for adoption it certainly will be proposed that it be nonretroactive

at that time.

(The amendment was duly adopted.)

The Chairman. Have you any further suggestions to propose?

If not, we will now consider the adoption of the report as amended,

as a whole.

Mr. Holbrook. This adoption should include the specifications

that have not been read to-day. I did not go through the entire

code, as it was discussed in detail last year, it was printed in our

last report, and everyone is familiar with it. It can be read in

full upon request of anyone. I understand also that the adoption

of the code involves the adoption of the committee recommendation

that it be not put into force and effect prior to July 1, 1930.
96 BUREAU OF STANDARDS

The Chairman. If there is no objection, we will consider the entire code as read, and I will consider a motion for the adoption of

the code as a whole.

(A motion that the code as amended be adopted as a whole was made and seconded, the question was taken, and the motion was

agreed to.)

METHODS FOR INVESTIGATING REPORTED SHORT DELIVERIES

OF FUEL OIL

By E. L. Peffee, Bureau of Standards

Mr. Chairman, members of the conference, and visitors, the in- creasing number of installations utilizing oil instead of coal as a means of heating makes it necessary that the weights and measures

official be prepared to investigate reported short deliveries of fuel

oil. I outlined, at a previous conference,10 a plan by which the consumer could, with the assistance of the weights and measures

official, take steps to safeguard against shortage in delivery by making linear measurements of the storage tank and from this information computing the capacity of same. In this paper I will endeavor

to supplement the former paper and to make some suggestions that

may be helpful whenever you are requested to check the volume of

oil delivered.

The demands upon the official will vary, depending upon the individual circumstances of the complaints. If the householder has been

receiving " full compartment " deliveries of oil, and believes that

the nominal capacity of the vehicle-tank compartment is in excess of the true capacity, a calibration of the compartment in question

must be made by the official. This may be by whatever approved

method the official uses for such calibrations. It may be mentioned

in passing that some officials are now using for this purpose a portable liquid-meter assembly which may be connected to the discharge

from the vehicle tank and from which direct readings of compartment capacity may be taken. In these assemblies, steps must be

taken to eliminate air from the meter and to have the system filled with liquid to the point of discharge from the meter, before cali- bration of a compartment is started; it is also essential for the

official to have assured himself by means of careful initial tests and

check tests at frequent intervals thereafter, that the meter used is accurate throughout the range of flows which will be met with in

the use of the unit.

If deliveries to the householder are made from a vehicle tank

equipped with one or more meters, the indications of which are

utilized to determine the amounts delivered, a complaint may involve

a retest of the meter or meters being used.

In both of the examples cited above, the householder should, of

course, have done his part in observing the level of oil in the compartment before and after delivery or in reading the meter indications at the beginning and at the end of a delivery, before he is in

10 See Report of the Nineteenth National Conference on Weights and Measures, Miscel- laneous Publication of the Bureau of Standards No. 74, p. 22.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 97

a position to direct suspicion specifically to the mechanical equipment. It may be, however, that the human element is suspected as the source of the trouble, in which event the householder may to a considerable extent protect himself, or may secure information pointing directly to the vehicle-tank operator as responsible for shortages.

In the latter case it will be necessary for the official actually to check measure the delivery of fuel oil, either directly or indirectly,

in order to give the householder the same character of protection

in purchases of fuel oil as is provided in the purchase of other commodities; and this action must also be taken whenever there appear

to be reasonable grounds for complaint, whether or not the purchaser has actually checked individual deliveries of oil. The check measuring by the official of oil deliveries of varying

amounts will also be necessary when complaints are received on

deliveries from a distributor whose practice is to determine the

gallonage of individual deliveries by bucketing or from gage-stick

measurements of partially filled or partially emptied vehicle-tank

compartments. When bucketing is the basis of measurement, the

customer can count the number of buckets dumped, but it will usually be impracticable for him to observe carefully the accuracy with

which each bucket is filled to the proper point ; in the case of gagestick measurements in the vehicle-tank compartment, the customer can not be expected to make any accurate check of the operation.

Thus, unless the customer's storage tank has been calibrated and a gage stick provided, he has inadequate opportunities to check the

amounts of fuel oil received.

When the official receives a complaint of shortage in fuel-oil deliveries, two factors combine to complicate his investigation. First,

he must deal with a completed installation, in which the storage tank

is permanently connected with other portions of the installation

and is usually either buried in the ground or mounted in such a position in the basement as to make calibration inconvenient, to say

the least. Second, the official must contend with a system already

containing some indeterminate amount of fuel oil, which can not

readily be removed to permit a straight volumetric determination of

tank capacity. His principal problem is to determine the capacity

of the household storage tank, either total capacity or capacity between certain levels ; and, perhaps, also to calibrate a gage stick therefor. It is this phase of the investigation which I will discuss particularly. The other steps of the investigation are similar to those

which must be taken in connection with various check-up operations,

and need no discussion at this time.

Two types of tanks are used in fuel-oil-burning installations

those placed in the basement, and those placed underground outside the foundation line. The former are usually of a capacity of

275 gallons or less, and may be cylindrical or rectangular, or of a form combining some of the characteristics of these two forms. In

the District of Columbia the rectangular flat tank is largely used.

The total capacity of these tanks can be computed from the dimensions that may be obtained without difficulty, since the basement tanks

are accessible; the thickness of the material from which the tanks

74737—29 8
98 BUREAU OF STANDARDS

are made should, of course, be taken into consideration. Gage sticks are not usually supplied with this type of tank; they are, however,

frequently fitted with float gages, designed to serve as a convenient

indication of the approximate quantity of fuel on hand, but these

should not be relied upon to check the quantities of oil delivered.

These tanks are usually fitted with a capped or plugged opening on

the top side ; the fire regulations frown upon the frequent removal of

cap or plug for the purpose of making measurements of the oil level,

but this must be done if an accurate check is to be made on a delivery.

The procedure of the official in the case of these basement tanks

will be the same as that outlined below for an underground tank.

The 1,000-gallon tank, 64 inches in diameter and 6 feet long, seems

to be the popular size in this territory for outside installations. The

fire regulations require that the tank be placed at sufficient depth so that the top of the tank will be lower than the burner. This, in most

cases, means that the gage pipe, the filler pipe, and the vent pipe must

be several feet in length. Gage sticks are regularly supplied, graduated either in inches, or in gallons for each inch in height of liquid

;

in the former case a gallons-per-inch chart is also supplied. I am informed that the experience of one of the large firms in this

city has been that the variation in the capacity of these tanks, as produced by the manufacturer, is not more than 1, or, at most, 2 per cent. At this point it may be of interest to show the order of gallons-perinch at some portions of the 1,000-gallon tank of dimensions given

above. At one-fourth capacity, 16 to 17 inches from the bottom, the

gallons-per-inch equals 17 ; at one-half capacity, 32 to 33 inches from

the bottom, the gallons-per-inch equals 20. From this it can be seen that if by the use of a gage stick you can gage to ±% inch, the

quantity determination should be within ±2 gallons at one-fourth

and three-fourths capacity, and within ±2y2 gallons at one-half

capacity. I believe that the measurements can be made within this

accuracy if moderate care is used in inserting the stick so that it will

be in a vertical position with the end of the stick resting on the lowest

portion of the tank. Once the official has checked the calibration of

the householder's gage stick, the latter should thereafter be able to make a check, with reasonable accuracy, of all oil delivered to him.

For investigating complaints of the character of those under dis- cussion, the official should have a series of short gage sticks or a

jointed gage stick for inside tanks where clearances between top of

tank and basement ceiling are small, and a long stick for outside

tanks. Each stick should have a metal foot, preferably rounded,

and should be made of hard, seasoned wood ; the stick should be ac- curately graduated, from zero at the bottom, in inches and fractions

of an inch, the long stick being graduated throughout a sufficient range to accommodate the diameter of the largest tanks likely to be

encountered plus the maximum distance from top of tank to top of

fill or gage pipe. If the stick be painted with a flat black paint,

this will probably give the most satisfactory results when reading

the oil levels. The upper end of the long stick should have a short,

hinged metal member which may be swung out at right angles to the stick from the inner surface of this member when extended, as
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 99

zero, another series of linear graduations should be placed on the

stick for a sufficient distance to exceed the maximum anticipated

distance from top of tank to top of fill or gage pipes.

Having to determine the capacity of a storage tank containing

oil, it will be necessary for the official to have available enough oil to fill the tank, and means for measuring accurately the oil added.

For the latter purpose the portable meter assembly previously mentioned will prove most convenient, but buckets may be used where

the meter assembly is not available. The official will first determine

with his gage stick the level of oil in the tank; that is, the height

of the oil level above the bottom of the tank. He will also determine

by his stick the distance from the bottom of the tank to the top of

the gage pipe (or of the fill pipe if no gage pipe is provided) and,

by reversing his stick and utilizing the hinged member described

above, also determine the distance from the top of the tank to the

top of the pipe through which the gaging is being done; the difference between these two values will be diameter of the tank and

will represent the height of the oil level above the bottom of the

tank corresponding to a " skin full " tank.

Oil will now be measured into the tank until the oil level is the same distance from the top of the tank as it was originally from

the bottom of the tank. Storage tanks being symmetrical, there is now an air space in the tank equal in volume to the volume of the

oil originally in the tank. Now complete the filling of the tank,

accurately measuring the oil added, as before; this amount will be

a very close approximation to the number of gallons originally in

the tank. This amount plus the total amount of oil added will thus

represent the total volume of the tank.

By recording the height of the oil level for each 5 gallons of oil added, data may be secured for the calibration or checking of a gage stick marked on the basis of gallons, or for checking a chart

showing gallons per inch. This will enable the householder to check future deliveries by gaging his tank before and after each

addition of oil. The calibration described above may be carried out before or

after a check-up gaging made to secure evidence for possible court

action, depending upon circumstances. Where a short-measure delivery is suspected, it would probably be preferable for the official to gage the storage tank just before and just after a regular delivery of fuel oil, and then subsequently to make a determination of

tank volume between those two particular points, in combination

with the general calibration procedure outlined; by applying the

principles of the general calibration described, this check between

two particular points may be made even when the oil level is above

the lower of the two points when the calibration is begun.

The Chairman. The Chair notes that the hour of noon has arrived.

The President of the United States will receive the members and

guests of the conference at 12.30 o'clock p. m.

(Thereupon, at 12 o'clock m., the members of the conference proceeded to the White House.)
100 BUEEAXJ OF STANDARDS

RECEPTION BY THE PRESIDENT OF THE UNITED STATES

(At 12.30 o'clock p. m. the members of the conference were received

by the President, Hon. Herbert Hoover, in the White House

Grounds, and were photographed with the President. Preceding

this the ladies attending the conference were conducted through

the White House.)

(At this point, at 1 o'clock p. m., the conference took a recess unti]

2 o'clock p. m.)
SIXTH SESSION (AFTERNOON OF THURSDAY, JUNE 6,

1929)

The conference reassembled at 2.15 p. ni., Francis Meredith, second

vice president, in the chair.

REMARKS OF EARL J. SMITH, ENGINEER, GASES AND OILS,

UNDERWRITERS' LABORATORIES

Gentlemen, I wish to express my appreciation of the work which

the sealers of weights and measures are doing. I am glad to see that you are not growing horns, as some of the manufacturers with

whom we come in contact implied might be the case, and also to assure you that the Underwriters' Laboratories and the underwriters

in general do not grow horns. We appreciate some of the difficulties that you have. We have tried our level best to meet the demands

which you have put into effect. We have tried to meet you half

way. To illustrate, I might mention that we have consented to the

valve being moved from the inlet side to the discharge side of a gasoline meter. There is one thing to which I wish you to give considerable thought,

and that is the draining of visible measuring containers. In spite

of all that the fire marshals can do, these are allowed to stand in

filled condition throughout the day. In case of an emergency there

should be some way to save the underground storage tank. We do

not wish to have the gasoline drain back through a separate pipe

which might be opened by the dealer and allow the gasoline to flow

back. Our difficulty is that we would like to have some arrangement

to get the gasoline in the bowl back to storage quickly. Whether

you can solve that problem I do not know, but that is one of the

conditions.

We had the opportunity on the 28th of last month to meet with

manufacturers of gasoline pumps. At that time I anticipated that

there might be quite a number of things which they might complain

about. Much to my surprise they said they were hand and glove

with the sealers of weights and measures and at the same time were

not in conflict with the underwriters. I am very glad to have had the opportunity to speak.

REPORT OF COMMITTEE ON SPECIFICATIONS AND TOLERANCES

ON MODIFICATION OF SPECIFICATIONS FOR LIQUID-MEASURING

DEVICES, PRESENTED BY F. S. HOLBROOK, CHAIRMAN, AND

DISCUSSION THEREOF

Under the item of " liquid-measuring devices " your committee on

specifications and tolerances has but two proposals to make at this

time. These were put into your hands in mimeographed form on

Tuesday, and we have an additional supply which is now being dis- tributed.

101
102 BUREAU OF STANDARDS

The first recommendation is in relation to specification No. 7. This specification reads as follows

:

Sensitiveness.—All liquid-measuring devices shall be so designed and con- structed that they can readily be operated to deliver each quantity for which

a graduation, stop, overflow pipe, or other indicating means is provided, within

the tolerance on such amount hereinafter provided.

This specification shall be construed to require that in the case of all devices which have a graduated scale or dial or similar indicating means which at some point or points or at all points constitutes the sole or most sensitive means of determining the amount of liquid discharged, the length on such scale or dial equivalent to tlie tolerance at any graduation must be readily appreciable when the character of the indicating element and its normal distance from and position in reference to the observers eye are taken into consideration,

and in no case shall this length be less than 0.04 inch. For example, if a device

is designed and constructed so that (1) 1 gallon is the first graduation; (2) there is no stop, overflow pipe, or other automatic means of terminating the

delivery: (3) the graduations are equally spaced; and (4) if the cross section of the measuring chamber is the same throughout its length, the minimum length on the scale or dial shall be 8.1 inches per measured gallon, the maximum effec- tive cross-sectional area of the measuring chamber shall be 75 square inches,

and, if cylindrical, the maximum effective diameter shall be 9.75 indies. This specification was presented at the thirteenth conference held

in 1920. The first paragraph was adopted finally at that time; the

second paragraph, however, was adopted tentatively only and has so remained ever since, not having been reconsidered at any subsequent

conference. Without making any recommendation as to whether it be accepted or rejected, your committee strongly recommends that

the second paragraph be now taken up. It is believed that the intent

and meaning of this paragraph of the specification are so well understood by the members of the conference that it can readily be defi- nitely disposed of either by final adoption or by rejection and dele- tion from the code.

The Acting Chairman. We now have for consideration the dis- posal of the tentative paragraph of specification No. 7 in relation

to sensitiveness. The Chair will entertain a motion.

Mr. Sweeney. Mr. Chairman, I move that the second paragraph

of specification No. 7 in relation to sensitiveness be adopted finally.

(The motion was seconded.)

The Acting Chairman. It has been moved and seconded that the

second paragraph of specification No. 7 be adopted.

Mr. Rogers. Mr. Chairman, I move to amend the motion to change

the text so that it will read " that the maximum inside diameter

shall be 12.25 inches," and to make the incidental and necessary

changes in wording to carry out this intention.

(The amendment was seconded.)

Mr. Mahn. Mr. Chairman, I would like to further amend the

motion, so that a minimum inside diameter will also be stated. I

do not think the inside diameter should ever be less than 9.75 inches.

The way the proposal stands now it would be possible to have a bowl

only 4 or 5 inches in diameter.

Mr. Rogers. I would be very glad, Mr. Chairman, to entertain

that suggestion and I will propose a minimum of 9.75 inches and a maximum of 12.25 inches, together with any incidental changes that

may be necessary in the paragraph to make it conform to those

diameters. I wish to amend my motion to cover these points.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 103

The Acting Chairman. Are you ready for the question ? [After

a pause.] All those in favor of the amendment as now offered by

Mr. Rogers manifest their assent in the usual manner. (The amendment was duly adopted.)

The Acting Chairman. The question now is on the paragraph as amended.

(The paragraph as amended was duly adopted.)

[Specification No. 7 as amended, has been modified in accordance

with the instructions of the conference to read as follows

:

7. Sensitiveness.—All liquid-measuring devices shall be so designed and con- structed that they can readily be operated to deliver each quantity for which

a graduation, stop, overflow pipe, or other indicating means is provided, within

the tolerance on such amount hereinafter provided.

This specification shall be construed to require that in the case of all devices which have a graduated scale or dial or similar indicating means which at some

point or points or at all points constitutes the sole or most sensitive means of determining the amount of liquid discharged, the length on such scale or dial equivalent to the tolerance at any graduation must be readily appreciable ivhen

the character of the indicating element and its normal distance from and posi- tion in reference to the observer's eye are taken into consideration; the gross, inside cross-sectional area of the measuring chamber shall in no case be less than 75 square inches nor more than 118 square inches and, if cylindrical, the

inside diameter of the measuring chamber shall in no case be less than 9.75 inches nor more than 12.25 inches.] Mr. Holbrook. The second recommendation of the committee consists of an amendment to specification No. 21-b. The first paragraph

of this specification reads as follows:

Time Allowed for Completion of Delivery.—All liquid-measuring devices

shall be so designed and constructed, or so calibrated, that on a nominal delivery

of 5 gallons they will deliver this quantity into the discharge line on the delivery

side of the discharge valve, within the tolerance for devices in use, within a

period of 10 seconds after the main flow of liquid has ceased. It is recommended that this paragraph be amended to read as follows

:

All liquid-measuring devices shall be so designed and constructed, or so

calibrated, that they will deliver into the discharge line on the delivery side of the discharge valve, within the tolerances hereinafter provided, any nominal

quantity which they are designed to deliver, within a period of 10 seconds

after the main flow of liquid has ceased. and that the following words be added at the end of the third

paragraph of the specification:

for the nominal quantity being delivered. to make the specification as a whole read as follows

:

21b. All liquid-measuHng devices shall be so designed and constructed, or

so calibrated, that they will deliver into the discharge line on the delivery side of the discharge valve, within the tolerances hereinafter provided, any nominal

quantity which they are designed to deliver, within a period of 10 seconds after

the main flow of liquid has ceased. The main flow shall be construed to cease, in the case of a device of the piston type, at the completion of the upward stroke of the piston, and in the case of a device of the visible type, at the time of the disappearance of the

liquid in the glass measuring chamber: Provided, however, That in the case

of any nominal delivery icfhich is such that it does not cause the liquid to disappear from the chamber, the time that the liquid apparently ceases to

fall in such chamber shall be used in Ueu of the time of the disappearance of the liquid: And provided further, That in the case of any liquid-measuring

device equipped with an auxiliary visible indicating device such as is described

in specification No. 21a, any conspicuous change of indication in this device,

such as a sudden drop in the level of the liquid, occurring after the major
104 BUREAU OF STANDARDS

portion of the delivery has been completed, shall be used in lieu of either of the indications mentioned above. All tests and calibrations shall be made on the basis outlined above, that

is, the delivery valve shall be closed, or the operation of the liquid-measuring

device otherwise discontinued, at the termination of the period of time mentioned above, and the amount which shall then have been delivered shall be taken as the full delivery of the device for the nominal quantity being delivered. In stating the reason for this recommendation, I may say that last year the committee on specifications and tolerances, in an attempt to simplify the test to be made, recommended certain amendments to a

tentative specification, and these were included in the specification

finally adopted by the conference.

In a careful review following the conference adjournment, it be- came apparent to the committee that a mistake had been made, and

that the new language did not carry out the original intentions of

the committee, or, we believe, of the conference. In order that there

might be no misunderstanding on the part of the officials and manufacturers, a " committee note " was added to the specifications that were issued shortly after the conference, and the same note was

included in Handbook of the Bureau of Standards M85, which stated

that an attempt would be made to eliminate the mistake that the

committee had made. The matter was thus brought to your atten- tion some 11 months ago, and it seems that you have all had the

opportunity to familiarize yourselves with the whole proposal. Your

committee now formally recommends the adoption of the language

suggested, and which has just been read.

The Acting Chairman. What is the pleasure of the conference

with reference to the recommendation of the committee relative to

specification 21b?

(The specification, as amended, was duly adopted.)

Mr. Hanna. Mr. Chairman, I would like to ask a question with

reference to the recommended time of the effectiveness of specification No. 21b. I believe the original recommendation was that it be

made effective July 1, 1929. Do we understand that date remains,

and it becomes effective July 1 '? Mr. Holbrook. The specification was in very much the same form

in which it has now been adopted for a year during which it was

tentative. While its form was changed at the last conference, very

shortly thereafter interested parties were notified of the contemplated action just taken to-day. Therefore, it does not appear that

the rights of any one can have been prejudiced by the temporary

change made in the text. This does not seem to be a case that re- quires any delay. Therefore, the committee did not deem that it was advisable to change the date at which it was formerly limited

to take effect, which was July 1, 1929.

OBSERVATIONS ON CERTAIN AIR-OPERATED GASOLINE-METER

INSTALLATIONS

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

Mr. Chairman and gentlemen of the conference, it is with some

reluctance that I present these observations this afternoon. The time

that I had to prepare this paper was not sufficient for me to complete as many observations as I had hoped for. Some material about

certain types of installation of apparatus has come to our attention,

and we believe this should receive attention so that it may be deter-
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 105

mined whether discrepancies that we have found are only apparent,

or whether they are real. I desire to emphasize that I am not here

to condemn any gasoline-measuring device, or any gasoline- dispensing system.

The metering system is the latest link in the evolutionary chain

of gasoline-measuring devices to win popularity. Whether or not

the advantages urged for this type of dispensing device are well

founded it holds a strong position in the favor of gasoline dis- pensers and the purchasing public. Because of the rapid growth

of the demand for metering systems and the consequent production

of new types, each type should be carefully tested and tried in order

that some of the troubles that have been experienced in the past in

the case of other devices may be avoided. Annual sales of gasoline

have reached the tremendous total of 10,000,000,000 gallons. As

one of the most extensively and widely used commodities its correct measurement is of paramount importance.

Perhaps no gasoline-dispensing device can ever be made fool- # proof in its construction or operation, but in so far as it is humanly

possible every inherent deficiency should be eliminated. It is possible that inspectors of weights and measures, as well as manufacturers, have given too much time and attention to the construction

and accuracy of the measuring unit and not enough to the system of

which it is a component, losing sight of the fact that the unit can

not operate satisfactorily if the system of which it is a part is inherently wrong.

The observations here recorded were first suggested by erratic

results obtained during the testing of certain metering devices.

In these tests the delivered amounts from the same unit varied

rather widely, although the tests were conducted under exactly

the same conditions so far as could be observed. An attempt was made—very vaguely it must be admitted—to connect these variations

in deliveries with variations in pressure that in some way may

have been talking place in the system. About this time attention was called to the results of experiments made in a manufacturer's

research department which indicated that dissolved air in gasoline

might cause erratic deliveries through the meter. The system under investigation was the direct-pressure system,

in which the entire supply of gasoline is kept under pressure, generally about 15 pounds. Upon opening the valve in the hose

nozzle the gasoline is forced from the tank through the piping

system and into the meter. The passage of any gas vapor or air

is measured, as well as the passage of the gasoline. The system has some advantages from the standpoint of initial cost, especially in

cases in which it replaces some of the older installations of other

types. The results of experiments reported on this system not only

offered a possible explanation of the erratic deliveries above mentioned, but seemed to involve facts of much concern to both weights

and measures officials and manufacturers. For this reason further

experiments and tests were made both with an experimental set-up

and with commercial installations.

The experimental set-up used is clearly indicated in Figure 13. Although the apparatus was all placed above ground the set-up

closely duplicated a commercial installation. The storage tank was

of 550 gallons capacity containing an initial supply of 200 gallons
106 BUREAU OF STANDARDS

of gasoline. The tank was connected with a compressor and a pressure regulator which held the pressure in the tank at 15 pounds.

The pipe line from the tank to the meters was provided with a gatevalve, F, near the exit from the tank. To this pipe line were con- nected two meters of different types, designated " A 55 and " B."

Meter " A " was provided with a visigauge to the top of which was

attached a pressure gauge X. A second pressure gauge, also designated X, was placed in the line just below meter " B." These meters

could be cut out of the main gasoline line by gate valves. ExaminaFlGURE 13 tion of the sketch will indicate clearly the size and relative positions

of the component parts of the system and also that the system

closely approximated those in commercial use. Before beginning the tests on the set-up, each meter was tested in

the laboratory on gasoline free from air. Table 1 shows the conditions under which these tests were made and the results. Meter "A"

showed only very slight inaccuracies even when the delivery rate was less than 1 gallon per minute. Meter " B " showed slightly

greater variations, but all test deliveries were within permissible

tolerances even when the flow was as low as 8 gallons per minute.

Table 1.

Meter tests

Meter Test No.

Gauge X

Pressure

differential Dial

reading Test measure j Rate

reading I

|

Meter

idle Meteroperating

A._ 12

34

1

2

3

Pounds

12

1212

121212

12

Pou nds

6

69

9

Pounds

6

6

33

Galhns

55

115

55

Cubic inches GaLs./min.

-f-0.5

! A -.5 : 24 +.5 .9 +.5; .9 +2.0 i 17 -2.0 i 18 +3.0 1 8

A

AB

B

B.
TWENTY-SECOND CONFEBENCE ON WEIGHTS AND MEASURES 107

The meters were then placed on the experimental set-up and care was taken to make sure that the system was entirely filled with gasoline and that all parts were operating properly. The gasoline in

the system had been under 15 pounds pressure for 70 hours. The

meter pressure (gauge X) was 9.5 pounds and the tank pressure

15 pounds.

In Table 2 are recorded the results obtained when operating

meter "A." The first three test runs were made at the rate of

6 or 7 gallons per minute, the flow being regulated by the nozzle

valve. The test-measure readings were from to — 19.5 cubic inches.

Three runs were then made at the rate of 18 to 20 gallons per

minute, the nozzle valve being practically wide open. The test measure now read between —23.8 and —57 cubic inches. Gate valve

V in the gas line near the tank was then partially closed. The meter

pressure, which had not previously fallen below 5.5 pounds during

operation, now fell to from to 3 pounds. The test measure showed

deficiencies in the deliveries of from 177 to 185 cubic inches. In all the tests made on meter "A" the sight glass showed the presence of numerous bubbles. During the last three test runs the glass partially emptied, the gasoline being forced out by air. Table 2.

Experimental set-up, meter "A" (positive displacement type)

[Air on tank for 70 hours] Gauge X

Pressure Dial Test

Test No. Gauge differen- read- measure Rate Remarks Y Meter Meter tial ing reading

idle operating

Pounds Pounds Pounds Pounds Gallons Cubic inches Gals./min.

1 15 9.5 6 9 5 0.0 6 2 15 9.5 8 7 5 -19.5 7 3 15 9.5 8 7 5 -13.7 7 4 15 9.5 6 9 5 -57.0 18 5 15 9.5 5.5 9.5 5 -20.1 20

6. 15 9.5 5.5 9.5 5 -23.8 20

7 15 9.5 0-3 12-15 5 -177.0 15 Valve V throttled. 8 15 9.5 0-3 12-15 5 -177.0 15 Do.

9. 15 9.5 0-3 12-15 5 -185. 15 Do. The results of the experiments with meter " B " are recorded in

Table 3. The meter pressure (gauge X) stood at 11.5 pounds when

the meter was idle. The first three test runs were made with the nozzle valve wide

open. The shortages in the test measure ranged from —4.5 to —v33.5 cubic inches. Gate valve V in the gas line near the tank was then partially closed. Meter pressure fell to 5 pounds during

the operation. The next two test runs were made at the rate of

18 gallons per minute. The shortages noted in delivery were 111

and 112 cubic inches, respectively. Valve V was then further throttled until the nozzle valve when opened wide delivered but 10 gallons

per minute; the meter pressure then fell to during operation and

the shortage recorded was 166 cubic inches.
108 BUREAU OF STANDARDS

Table 3.

Experimental set-up, meter "B" (oscillating disk type)

[Air on tank for 70 hours]

1 Test No. Ga^

e

I

Gauge X

Pressure Dial Test Meter

idle Meteroperating

differential read- ing measure

reading Rate Remarks

'Pounds

1 1 15 2

' 15

3 | 15 4 15

5 15

6 : 15

Pounds

11.5

11.5 11.5

11.5

11.5

11.5

Pounds

8.5

8.5

9.5

55

Pounds

6.5

6.5

5.5 10.0

10.0 15.0

Gallons

5

5

5

5

55

Cubic inches -33.5 -4.5

-6.5

-111.0

-112. -166.

Gals./min. 20

20

18

18

1810

Valve Vthrottled. Do.

Valve V still further

throttled. In general, the results with the two meters are in accord, the

variations in delivery showing close relation to the variations in

conditions under which deliveries were made. Some results, however, are out of line, due in part, perhaps, to air pockets in the line. Some difficulty was also experienced with foaming, necessitating

slowing down delivery by means of the nozzle valve.

The following important points are noted from the results re- corded in Tables 2 and 3

:

First. So long as the differential pressure—that is, the difference in

pressure at the meter during operation and at the supply tank

remains within certain limits the errors in delivery noted are comparatively small and reasonably consistent. Test 1 in each table is somewhat out of line with this statement, because in the first case the error was smaller than was found on tests 2 and 3, and in the

second case it was larger than on tests 2 and 3. Second. When the pressure differential is increased either by in- creasing the rate of delivery by opening the nozzle valve or by

throttling the gas supply valve, the errors in delivery increase upon

both types of meters used. Presumably this error could be increased

indefinitely—within certain limits, of course—by throttling the valve

in the gas supply line. It is believed that the following statements may suggest the

causes for the discrepancies observed

:

First. Gasoline under pressure dissolves air. Second. The dissolved air does not appreciably increase the volume

of the gasoline. The total volume is only appreciably affected when

the dissolved air comes out of solution and assumes its original

volume.

Third. Under certain pressure conditions the gasoline gives up

a part of its dissolved air between the supply and the meter and

the gasoline and the air are both measured. Since the air tends to resume its original volume the test measure shows an equivalent

shortage of gasoline.

Fourth. Loss of " head " or pressure between the supply tank and

the meter may be due to the throttling of a valve in the line or to

friction encountered in the elbows, pipe, and mechanism of the

meter. Unfortunately the investigation could not be continued on the

experimental set-up because of lack of time. Other problems
TWENTY-SECOND CONFEKENCE ON WEIGHTS AND MEASUKES 109

which suggested themselves and which could only be solved through

lengthy experimentation could not be considered.

One of the problems, the solution of which has tremendous bearing on the whole subject, is the rate of solution of the air in the

gasoline and the uniformity with which the air permeates the

gasoline supply. Perhaps equally important is the time required

for the gasoline to dissipate its dissolved air after normal pressure

is restored.

At the time the investigation was begun on the experimental set- up tests on commercial systems were also undertaken. It was real- ized that considerable difficulty would be encountered in gathering

data on commercial systems. Only a few were available. In none

of these could the conditions be controlled nearly to the same extent

as was possible in the case of the experimental set-up. They were

far from the office and the tests could not be supervised so

satisfactorily.

The first tests on commercial systems were attempted on a system

employing the oscillating disk type of meters and the results were not

as anticipated from the above. The gasoline storage tank was of

6,250 gallons capacity. At the time the tests were undertaken the

tank contained 5,300 gallons of gasoline. The system was placed

under pressure and the meter immediately tested for accuracy.

Test runs were made at the end of 19 hours and of 42 hours. No

variations of consequence were noted. The tank still contained

4,470 gallons of gasoline when it was necessary to abandon the test. As no variations of consequence were noted in deliveries, it may be

that the air had not permeated the entire supply and that the tests were abandoned before the aerated portion of the gasoline had

reached the tank outlet. Tests were undertaken on a second commercial installation, employing meters of the positive displacement type. The capacity of

the underground storage tank in this case was only 500 gallons.

The meter on which the tests were made was connected with two

tanks and could be cut from one to the other. The first series of

tests did not confirm the conclusions reached as a result of experiments made on the experimental set-up. A careful examination of

the installation disclosed the fact that the meter was set almost

directly over the storage tanks, thus eliminating to a very large extent friction that would be encountered in a longer line with a

larger number of turns and off-sets. While no tests by gauges could

be made, apparently there was very slight loss of pressure between

the tank and the meter, the gasoline being measured at practially

the same pressure as maintained in the storage tank. This probably was the reason why the expected discrepancies did not materialize.

Later it was found that pressure differential could be varied

through the valves near the storage tanks which were used in cutting

the meter from one tank to the other, and four additional series of

tests were run on this installation under various conditions. The

results are given in Table 4. The first series of three test runs was made with full flow from the nozzle and the valve at the tank wide

open. The gasoline had been under pressure 20 hours. No air or bubbles were noticed in the visigauge and the shortages in the test measure were slight.
110 BUREAU OF STANDARDS

A second series of test runs were made at the end of 42 hours.

The valves were again wide open. Although the visigauge showed

air and bubbles, the shortages in the first 25 runs were not appreciable, as indicated by the first three runs which are recorded in the

table and which are representative of the others. The 26th and

27th runs showed an overage of 15 and 18 cubic inches, respectively.

Much air collected in the visigauge which undoubtedly accounts for

the overages.

Table 4.

Commercial installation, positive displacement type meter

[Tank capacity, 550 gallons; pressure, 15 pounds]

Series No.

Test No.

Air on

tank

Dial

reading Test measure reading Air in visigauge

.tJUDDles m visi- gauge Gas in tank liemarKS

Hours Gallons Cubic inches Gallons

1 1 20 5 —6 None. No. 189 Supply valve full open.

2 20 5 -2 None. No. Do.

3 20 5 None. No. Do.

2 1 42 5 —6 Some. Yes. 135 Do.

2 42 5 —3 Some. Yes. 130 Do.

3 42 5 —4 Some. Yes. 125 Do

26 42 5 +15 Much. Yes. 15 Do.

27 42 5 +18 Much. Yes. 10 Do. Tank refilled. 3 1 16 5 —5 None- No. 320 Supply valve throttled.

2 16 5 —3 None. No. Do.

3 16 5 -3 None. No. Do.

4 1 54 5 -7 None. Yes. 72 Supply valve throttled one-half.

2 54 5 -5 None. Yes. Do.

3 54 5 -6 None. Yes. Do.

4 54 5 +27 None. Vac x es. i nronicQ still luriiier. Inches.

5 54 5 -87 3.5 Yes. Throttled 7 gallons per minute.

6 54 5 -57 .75 Yes. Flow slightly increased.

7 54 5 -30 .5 Yes. Do. Tank refilled. 5 1 59 5 +10 .5 Yes. 100 Supply valve throttled 7 gallons per minute.

2 59 5 -3 .75 Yes. Do.

3 59 5 -3 1.0 Yes. Do.

4 59 5 1. 25 Yes. Do.

5 59 5 -5 1. 25 Yes. Do.

6 59 5 +14 1. 25 Yes. Do.

7 59 5 -1 1. 50 Yes. Do.

8 59 5 +1 2. 50 Yes. Do.

9 59 5 -27 .75 Flow slightly faster. 10 59 5 -27 2. 75 Yes. Slightly more.

11 59 5 -57 3. 00 Yes. Same setting.

12 59 5 -71 3. 25 Yes. Do.

13 59 5 -77 4.00 Yes. Do.

14 59 5 -77 4. 00 Yes. Do.

15 59 5 -27 .75 Yes. 25 Valve full open.

16 59 5 -20 .25 Yes. 20 Do. The tank was replenished, placed under pressure, and a third series of tests made at the end of 16 hours. Even though the gasoline

supply valve was throttled no air or bubbles appeared in the visi- gauge and the deficiencies were only slight in the test measure. At

the end of 54 hours a fourth series of 7 test runs was made. On the

first three the gasoline supply valve was throttled about one-half.

Bubbles of air appeared in the visigauge and shortages in the test measure ranged from 5 to 7 cubic inches. On the next run the

valve was throttled slightly further, when air bubbles were again
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 111

observed in the visigauge and the test measure showed an overage

of 27 cubic inches. On the next three runs the supply valve was

throttled to give about 7 gallons per minute delivery. Air collected

in the visigauge and shortages in the test measure ranged from 30

to 87 cubic inches.

The tank was again refilled and a fifth series of 16 test runs made

at the end of 59 hours when the initial supply in the tank was 100

gallons. The visigauge showed bubbles at all times and the air con- tained therein ranged from 0.5 to 4 cubic inches.

This series showed no serious shortages until the supply in the tank was reduced to about 60 gallons. The remaining 8 test runs showed

shortages ranging up to 77 cubic inches not taking into account the

air in the visigauge, which had been measured but was not recorded

in the test measure. It is interesting to note that the fifteenth and

sixteenth deliveries were made with the supply valve wide open

and even then the shortages amounted to 27 and 20 cubic inches. Tests with both the experimental set-up and with the commercial

installation showed individual tests in which the results were out

of line. In some instances overages were obtained when deficiencies

would be expected. In other instances the deficiencies were less than the conditions of the test would indicate. Some of these erratic

results can certainly be explained by the pocketing of air at points

in the line or in the apparatus. These pockets of air or vapor, are then expelled, giving unexpected measurements. It is doubtful if any set of results can be duplicated even on the same set-up because

of the many factors involved, some of which can not be controlled.

The data here recorded are perhaps not sufficient upon which to base

final conclusions. They do indicate beyond a doubt that under cer- tain conditions the direct-pressure metering system may give inac- curate deliveries. The data indicate that something happens when

gasoline is held under pressure with air and that this changing

condition is progressive, but that present information is not suffi- cient to warrant a conclusion as to the limit which it may reach.

The data further indicate that measurement of this gasoline by

meter may be fairly accurate or grossly inaccurate, depending upon

conditions of pressure existing within the system and the degree of

air saturation of the gasoline.

In the commercial systems observed the gas supply was held con- tinuously under pressure from the filling of the tank until the supply was exhausted. In at least one system observed the gasoline would

remain under continuous pressure for many days. It is conceivable

that in such a system supplying several meters through complicated

pipe lines, the gasoline might become thoroughly saturated with

air, and that through its release under reduced pressure at the meter

due to line friction, the result might be marked shortages in delivery.

The fact is again emphasized that the errors in measurement which

have been discussed are the results of certain features of the system

and not of deficiencies in the measuring units. Type of meter and

of gasoline are believed to make little, if any, difference. Important

factors are air permeation of the gasoline, the time factor, line fric- tion, valve restriction, and tank pressure. The weights and measures
112 BUKEAU OF STANDARDS

official must recognize the futility of controlling these factors. If

then the direct-pressure system is inherently wrong, the only relief

lies in its elimination or modification.

DISSOLVED AIR IN GASOLINE

By Oscar G. Bridgeman, Research Associate at the Bureau of Standards for the Society of Automotive Engineers

All commercial gasolines contain dissolved air, for at some time or other between the refinery and the engine they are exposed to the

atmosphere. Some gasolines contain more air than others, for the

amount which will dissolve depends upon the volatility of the gasoline and the conditions under which it is stored in dispensing sys- tems. The air which is in solution can not be seen, for it is so finely

subdivided that it is invisible. It only becomes visible in the form

of bubbles when the pressure is released or the temperature is in- creased. It is the release of pressure which makes gasolines appear

to boil when pumped into the visible container on the pump, a phe- nomenon observed by every motorist. While this boiling may be

due to dissolved gases other than air, it is more commonly caused by

air coming out of solution.

The amount of air which dissolves in gasoline under various conditions is a matter of widespread importance. The person who

stores gasoline should know how much of his storage loss is at- tributable to air coming out of solution, thereby displacing gasoline

vapors. The dispenser of gasoline is interested in the effect of dis- solved air on the accuracy of the metering device. The motorist

wonders what relation exists between boiling at the pump and stoppage of the engine due to vapor lock or formation of bubbles in the

fuel feed line. The designers of storage and dispensing outfits and

the automotive engineers desire to provide equipment which will

eliminate the effects of dissolved air. Comprehensive answers to all of these questions can not be given at present, but the basic problem

with regard to the amount of air which dissolves in gasoline under

various conditions has been solved.

In order to obtain a better understanding of the significance of

the problem of air solubility, let us consider what gasoline is. Gasoline per se is a mixture of a large number of substances—100 or more, perhaps even 1,000—composed of hydrogen and carbon and

therefore called hydrocarbons. These substances all have different

properties so that, for example, they boil at different temperatures

and have different vapor pressures. Gasolines are composed of

unknown numbers of these hydrocarbons present in unknown

amounts, and because of this it is necessary to have some means

of identifying different gasolines. The method used by the oil in- dustry in this country consists in distilling the gasoline according to a definite procedure in a prescribed type of apparatus and recording

the temperatures at which various percentages of the gasoline are

distilled off. When water is distilled in such an apparatus, the

temperature will remain constant throughout the distillation. However, with gasoline, since it is a mixture of hydrocarbons of widely

varying boiling points, the more volatile hydrocarbons will distill off first, leaving the residual liquid less volatile and requiring successively higher temperatures to make it boil. Therefore, in dis-
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 113

tilling gasoline, the temperature will rise continuously as the

distillation progresses, and there may be 300° to 400° difference

between the temperature at which the first and last portions are

distilled off. The curve obtained by plotting the temperatures at various stages of the distillation against the corresponding amounts

distilled is the identification curve of the gasoline and is commonly

known as the A. S. T. M. distillation curve. There is one point on this distillation curve which is significant

in connection with the various problems which have been mentioned,

and that is the temperature at which 10 per cent of the gasoline is distilled over, usually called the 10 per cent point. This point gives

information on such apparently unrelated phenomena as air solubility, vapor pressure, vapor lock in fuel feed lines, and the temperature at which engine starting is possible in cold weather.

In addition to the hydrocarbons, which are the main constituents

of gasolines, there are normally present in solution a considerable

amount of air and some water. When a gasoline direct from the

stills at a refinery is exposed to the air on storage in a tank fitted with a vent hole, air will go into solution to an extent dependent

upon the volatility of the gasoline, as represented by its 10 per cent

point. If the gasoline is stored under air pressure, more air will

go into the solution than when it is stored in a tank exposed to the

atmosphere, for the solubility increases with pressure. When the

temperature of the gasoline in the tank increases, air will normally come out of solution, for the solubility of air tends to become less at higher temperatures.

A large number of experiments on air solubility in a variety of

gasolines over a range of temperature and pressure have recently

freed from the unknown amounts of dissolved air present and then

measured amounts of air were added. In removing the dissolved

air, the gasolines were frozen in glass containers immersed in liquid

air at a temperature of about —300° and while frozen, air was re- moved by means of a vacuum pump capable of producing a vacuum

of about one-millionth of a pound per square inch. By repeating

this procedure several times, all of the air was separated from the

gasoline without pumping off any of the latter. By means of a special apparatus, measured amounts of air were added to the gasfree gasolines and experiments were made to determine the amount

of air in solution in each gasoline at various temperatures and

pressures. The temperatures used ranged from 0° to 100° F. and

the air pressures from 1 to 20 lbs ./in.2 and each set of conditions was investigated with gasolines covering the range from very volatile natural gasoline aviation fuels to motor gasolines less volatile

*han those sold commercially.

The air solubility was found to depend upon the volatility of the

gasoline in two respects. All gasolines exert a vapor pressure and

the magnitude of this pressure depends upon the temperature and

upon the 10 per cent distillation point of the gasoline. When a gasoline in a container is exposed to the atmosphere through a small

opening, the total pressure above the liquid is atmospheric

(14.7 lbs./in.2 at sea level). Of this 14.7 lbs./in.2

, a part is due to 74737—29 9

»een made at the Bureau were first
114 BUREAU OF STANDARDS

the vapor pressure of the gasoline and the remainder is due to the

air. Hence, under these conditions, air dissolves in gasoline under

a pressure of 1 atmosphere less the vapor pressure. At 70°, the

vapor pressure of an average motor gasoline is about 4 lbs./in.2 while a very volatile aviation gasoline at this temperature may exert

a pressure as high as 8 lbs./in.2

. With these gasolines air would

dissolve under pressures of 10.7 and 6.7 lbs./in. 2

, respectively, and as the solubility changes with the air pressure, different amounts of air

would dissolve in these two cases. Since the vapor pressure of a

gasoline is determined by the 10 per cent point, this point also determines the pressure under which air is forced into solution when

the gasoline is stored in contact with the atmosphereWhen gasoline is stored in an inclosed container not open to the

atmosphere, the solubility will also depend upon the pressure of the

air. Thus, if the air pressure is 20 lbs./in. 2

, the amount of air which

would dissolve in the two gasolines mentioned above would be approximately two and three times, respectively, that which dissolved

when the gasolines were exposed to the atmosphere. It has been

found that the solubility of air increases directly with the air pressure, so that if the solubility is known at one pressure, it can readily

be computed at any other pressure by multiplication by the ratio of

the two pressures. Under the same pressure of air, all gasolines do not dissolve the same amount of air and the experimental work has shown that, for

a constant air pressure, an aviation gasoline dissolves more air than

does a motor gasoline. A very volatile aviation gasoline will dis- solve about one-quarter of its own volume of air, whereas a motor

gasoline of about the volatility of United States motor gasoline will

dissolve about one-sixth of its volume of air, when both are put

under an air pressure of 14.7 lbs./in.2

. Under these conditions of constant pressure, the amount of air which goes into solution seems

to depend upon the 10 per cent point of the gasoline.

It has been found further that when the gasoline is exposed to a constant air pressure, the amount of air in solution does not change

with the temperature over the range from 0° to 100°. This, however, is not the case when the gasoline is stored in a tank open to the atmosphere, for under these conditions, there is an apparent

change of solubility with temperature. Since the air pressure above

the liquid in this case is the difference between atmospheric pres- sure and the vapor pressure of the gasoline, and since the vapor

pressure increases with temperature, the air pressure and, hence,

the solubility must decrease. With the aviation gasoline mentioned

above, stored in this manner, the solubility at 70° would be 6.7/14.7

times one-quarter, or 0.114 volumes of air per unit volume of gasoline. At 100° the vapor pressure of this gasoline is approximately

13 lbs./in. 2

, so that the solubility would be 1.7/14.7 times one-quarter, or 0.029. The difference between these two volumes of air is the

amount which would come out of solution when the gasoline is heated from 70° to 100°. In the case of the motor gasoline, the

corresponding solubility at 70° would be 0.121 and at 100°, it would

be 0.085 volumes of air per unit volume of gasoline.

When the air is actually in solution in a gasoline, the volume

occupied by the gasoline is not appreciably different from what it
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 115

would be if there were no dissolved air in it. However, if the gasoline is saturated with air under pressure and this pressure is re- leased, the air tends to form bubbles in the gasoline and the volume

may be increased materially due to these bubbles displacing some

of the liquid. Hence the accurate metering of gasoline iriust be

done under such conditions that no bubbles of air are present while

the liquid is passing through the meter. One practical phase of the problem of dissolved air in gasoline

lies in its application to the pumping of gasolines by suction lift. The height to which it is feasible to pump gasolines under these conditions is dependent not only upon the 10 per cent point of the

gasoline, but also upon the amount of air in solution.

If a gasoline had no vapor pressure and no air in solution, it would be theoretically possible to lift it by ordinary atmospheric

pressure to a height of about 45 feet. In the case of the two gasolines mentioned previously with vapor pressures of 4 and 8 lbs./in. 2

, respectively, at 70°, it would be possible to lift the motor gasoline

33 feet and to lift the aviation gasoline 21 feet without loss at this

temperature, if neither contained any air. If, however, gasoline is saturated with air so that the sum of the air pressure and the vapor

pressure equals the atmospheric pressure, then it will be impossible

to pump the gasoline to a height by suction lift without pumping

off some air with consequent loss of gasoline in the form of vapor.

The height to which a gasoline can be pumped imder these conditions depends upon the efficiency of the pump for removing gas. While the loss may not be excessive if the suction lift is less than the

theoretical height for an air-free gasoline, it certainly will be excessive if attempts are made to pump it to heights greater than that

determined by the vapor pressure.

. In all of the preceding discussion, it was assumed that the gasolines contained the maximum amounts of air which they could dis- solve under the particular conditions, and the solubility data obtained

at the bureau represent those maximum values, which would be

reached if a sufficient time were allowed for the air to dissolve.

While gasolines are normally saturated with air, this is sometimes

not the case, for it takes time to absorb all of the air which will

go into solution, and the rate at which this occurs is dependent upon

various conditions, such as the extent of the surface exposed to the

air and the amount of agitation. Furthermore when air comes out

of solution due to release of pressure, it takes time for the air to form bubbles and rise to the surface. The extent to which the

maximum amount of air will come out of solution to reach the satu- ration value under the new set of conditions will depend upon the

design of the specific apparatus and upon the specific conditions

under which the release of pressure occurs. The rate at which bubbles form and grow in any dispensing system will be affected by the

rate of flow through pipes of different diameters, by changes in the

direction of flow, by pressure gradients, by constrictions, and so on. That is the reason why no general answer can be given covering all types of dispensing systems. The maximum solubility under each

set of conditions can be stated, but, in practice, bubble formation in any system is an individual problem for each type of installation.
116 BUREAU OF STANDARDS

DISCUSSION OF ABOVE PAPERS

Mr. Miller. Mr. Chairman, after hearing Doctor Bridgeman's

statement, I think there was one point that I overlooked in my dis- cussion. 1 said that probably the characteristics of the gasoline did

not have much to do with the results obtained. After hearing

Doctor Bridgeman's remarks and recalling one experience I have

had, I am inclined to change that statement I made. I recall that

it was in the case of the gasoline that was the most volatile that' we found our largest errors—in some cases the errors were three or four times greater than usual. Undoubtedly the quality of the

gasoline did have something to do with it. Mr. Earl J. Smith. That is one case in which I believe the Underwriters' Laboratories, which I represent, can work to good advantage. We recommend that no pressure be maintained on the storage

tank. Pressure left on the gasoline makes the installation just as hazardous as one fed by gravity.

REPORT OF SPECIAL COMMITTEE ON UNIFORMITY IN WEIGHTS

AND MEASURES REQUIREMENTS, PRESENTED BY J. H. MEEK,

CHAIRMAN

Mr. Chairman and members of the conference, we, your committee appointed to consider means for bringing about a more general

uniformity among the States in the matter of weights and measures

regulations and requirements, recommend:

1. That all States considering the passage of new laws or of

amendments to present laws, relating to weights and measures, use

the model State law adopted by the National Conference on Weights

and Measures as the basis for such proposals, and in so far as practicable avoid additions to, eliminations of, and changes in its provisions.

2. That attention be given to the procuring of uniformity in the

rules and regulations promulgated by the various States in pursuance of the provisions of their weights and measures laws, and that

these be made to conform with the appropriate Federal rules, regulations, requirements, and recommendations in so far as this is practicable.

3. That special effort be directed to the complete elimination of

dry measures from commercial use, and to the substitution, in commercial transactions, of the basis of weight, numerical count, or standard containers to replace the highly unsatisfactory basis of dry

measurement wherever the latter is now employed.

4. That effort be exercised toward the securing of uniform re- quirements in connection with the approval by the various States of

the types of weighing and measuring devices, and that as a basis

for such uniformity the States follow the specifications and toler- ances adopted by the National Conference on Weights and Measures.

5. That continuing attention be directed toward the simplification

of containers, packages, etc., to the end that the number of these

be reduced and duplication be eliminated.

6. That, in general, further consideration and study be given to ways and means for promoting uniformity along the lines outlined

in the foregoing, that this consideration and study be extended to
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 117

all weights and measures endeavors in which uniformity is desirable, and that a special standing committee of the National Conference on Weights and Measures be appointed for this purpose by the

president of the conference.

Your committee wishes to thank the members of the conference

who so generously furnished copies of laws and regulations which we requested for study.

(Signed) J. H. Meek, Chairman,

V. A. Bradley,

W. F. Cluett,

P. T. Pilon,

A. B. Smith,

Committee on Uniformity in Weights

and Measures Requirements.

DISCUSSION OF ABOVE REPORT

Mr. Meek. You will note that the signatures of two members of

the committee are missing. One member, Mr. Payne, has been sick

and unable to give it his attention. The other, Mr. Jones, of Oregon,

is not in attendance, but he has approved the report in a general

way.

The Acting Chairman. You have heard the report and recommendations of the special committee on uniformity in weights and measures requirements. What is the pleasure of the conference ? (A motion that the report of the committee be adopted was made

and seconded, the question was taken, and the motion was agreed

to.)

Mr. Rogers. Mr. Chairman, we have in New Jersey a law which

requires that all food or drugs put up in package form be marked

with the net weight or measure of the contents of the package. For

several years we have been trying to get the scope of that law amended

to include all material sold in package form. I think it is just as necessary for the proprietary household articles in packages to be

so marked as it is for foods. I think that if that idea were to be

expressed it would be a worthy amendment or addition to the recom- mendations of the special committee on uniformity in weights and

measures requirements.

Mr. Fuller. I think Mr. Rogers's idea is an excellent one and we

have already embodied it in the net container act in California. It proves a very excellent act. NECESSITY FOR VISIBILITY OP INDICATIONS OF SCALES

Mr. Parr. Mr. Chairman, I would like to ask a question. I am

from Indianapolis and I have only had five months' experience.

We have a problem on our hands as to what to do with scales which

have a beam and poise hidden so that the customers can not see them. We have thousands of this kind of scale in use, and I would

like to obtain some information—I am not raising the question for

the sake of argument.

Mr. Rogers. Do you refer particularly to the construction of those

scales, or to the positioning of scales in such a way as to make

reading difficult?
118 BUREAU OF STANDARDS

Mr. Parr. I refer to various types of scales in which the beam is out of sight of the customer as it is placed on the counter. On some

types the beam capacity is only 1 pound ; other types of scales having more than one reading element have beams on the rear side which

the customer can not see, which have graduations running to 5 or 10

pounds. Now it is impossible for the customer to see those beams

unless they turn the scales around the other way.

Mr. Rogers. I thought that matter was covered already by our

specifications. We are not having any trouble in so far as that is concerned by following the present code. What we have had trouble

with in New Jersey has been the practice of the storekeeper in hiding the scales behind goods piled upon the counter, or sometimes in

putting it on a back counter instead of out in the open, so that the

weighing could not be observed. We require that the scales be kept

out in the open, so that the weighing process can be observed. Sometimes errors occur because the scale has been manipulated, and not

because it is incorrect.

Mr. Schwartz. I had a prosecution where it took two weeks to catch the dishonest dealer. In putting meat on the scales he would

let several inches of it hang over the edge of the platter, and by

touching this portion he would get an ounce or two on every piece

of meat.

Mr. Sweeney. I think the question raised here to-day by the gentleman from Indianapolis is one that should be considered with a great deal of seriousness. To-day—and for a great many years

past—even-arm scales are being manufactured that have graduated

beams which in many instances are not visible to the customer, and

also some of our best types of computing scales are so equipped.

These scales are very essential to the business of the merchant and

I would suggest that the question of the abolition of these beams

merely because they can not be observed by the purchaser should be

treated very cautiously by this organization.

Mr. Mahn. In answer to that, it seems it might be possible to eliminate the beam employed on even-balance scales. When the

beam is graduated to 2 pounds this element will always be used to weigh 1 or 2 pounds. There is always the possibility of using these

scales only with weights; that would eliminate a great deal of

fraud.

Mr. Sweeney. A great many grocery stores to-day are somewhat

averse to using computing scales and still maintain the trip scale with the side beam. If a person comes in and makes a purchase

which is of a fractional part of a pound, the only way the merchant

can determine the weight is by utilizing the poise on the beam. As

I suggested before, that is something which should be considered

for the benefit of the merchant as well as of the purchaser.

Mr. Mahn. It is true enough that the beam and poise are so

used, but the dealer can use weights if he wishes.

Mr. Rogers. The small weights can be done away with by the use of that beam. The chain stores are using that type almost entirely.

(At this point, at 4.25 o'clock p. m., the conference adjourned to meet at 9.30 o'clock a. m. Friday, June 7, 1929.)
SEVENTH SESSION (MORNING OF FRIDAY, JUNE 7,

1929)

The conference reassembled at 9.50 o'clock a. m., at the Washington Hotel, Dr. George K. Burgess, president, in the chair.

DESIRABILITY OF SPECIFICATIONS FOR AUTOMATIC-INDICATING

SCALES

Mr. Holbrook. When we included on the program for the meeting the item on specifications for automatic-indicating scales, we

were too optimistic. The Committee on Specifications and Toler- ances hoped to be able to report a code on this subject for your consideration. However, the time was not available to get it into shape

;

consequently it has not as yet been done, and the subject will have

to go over. I may say, however, that it is the thought of the committee that

the conference does not have satisfactory specifications for auto- matic-indicating scales, or if there are satisfactory specifications they are so widely distributed throughout various codes

that it requires considerable cross-referencing to determine just what

the requirements are. For instance, when these codes were first established the spring scale was the most widely used automaticindicating scale, and, therefore, the requirements as to graduations on dials, etc., were included under the heading " Spring Scales."

However, with the rapid advent of automatic-indicating scales of

differing types it seems that it would be more reasonable to have the

specifications referring to graduations on dials, etc., assembled under

the general heading " Automatic-Indicating Scales." As you know

we already have tolerances for this class of machine.

That outlines what the committee has in mind and we may advise

that we may find it possible to bring in next year a report along

these lines, in which case you will have an opportunity to accept or reject the recommendations made.

The Chairman. I am sure the Committee on Specifications and

Tolerances will be glad to receive any suggestions either from the

floor or by letter, on the subject of automatic-indicating scales. As

you heard Mr. Holbrook say, that will probably be brought to the

attention of the conference at the next session.

Mr. Holbrook. Might I add that the committee would be glad to receive suggestions from the conference as to what classes of apparatus, if any, are still in need of regulation, or what codes need

revision, in order that the committee may bring before you reports on those types of apparatus in which you are interested, and which

you think are not adequately covered at the present time.

INVESTIGATION OF HUB ODOMETERS

Mr. Meredith. Mr. President, I would like to suggest that the

conference make a request of the Bureau of Standards that the

119
120 BUREAU OF STANDARDS

bureau make a study of the performance of hub odometers as used

to determine charges for hire of motor vehicles.

The Chairman. You have heard the request of Mr. Meredith, and

speaking as the Director of the Bureau of Standards we will be

glad to comply with your wishes in the matter. Would you care to put that in the form of a motion, Mr.

Meredith?

Mr. Meredith. Yes ; I would like to offer that as a motion.

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

REPORT OF COMMITTEE ON SPECIFICATIONS AND TOLERANCES

ON MODIFICATION OF SPECIFICATIONS FOR LIQUID CAPACITY

MEASURES, PRESENTED BY F. S. HOLBROOK, CHAIRMAN

Your committee on specifications and tolerances recommends that

specification 2 under the heading " Liquid Capacity Measures " be

amended by adding after the word " of " in line 7 the words

:

cans for ice cream, exclusively, in the 2%-gallon (10-quart) size, but only when

having an inside diameter of not less than 8% inches, of by substituting for the word " forms " in line 7, the words " brick

molds," and by inserting before the word " bottles " in line 8 the word

" of " to make the specification read as follows

:

2. Liquid measures of the customary system shall be of one of the following

capacities only : One gallon, a multiple of the gallon, or a binary submultiple of the gallon, that is, a measure obtained by dividing the gallon by the number

2 or by a power of the number 2: Provided, however, That nothing in this specification shall be construed to prevent the use of cans for ice cream, exclusively, in the 2 -gallon (10-quart) size, but only when having an inside diameter of not less than Sy2 inches, of brick molds for ice cream, exclusively, in

5-pint and 3-pint sizes, or of bottles for milk or cream in the 3-pint size. Respectfully submitted.

(Signed) F. S. Holbrook, Chairman,

Wm. F. Cluett,

Chas. M. Fuller,

A. W. Schwartz,

I. L. Miller,

Committee on /Specifications and Tolerances.

DISCUSSION OF ABOVE REPORT

Mr. Holbrook. Copies of this report were distributed in mimeographed form on the opening day of the conference, and you doubtless

have had an opportunity to study it and see what is contemplated.

You remember that Tuesday afternoon a representative of the International Association of Ice Cream Manufacturers described their

standardization program for ice-cream cans, brick molds, and cartons,

and that a very important feature of that program was the 2y2-gallon

can, two of which may be used in the mechanically refrigerated cabi- net to replace one 5-gallon can. In adopting this size they acted

doubtless in good faith, without realizing that the 2^-gallon size was forbidden by our specifications. It seemed to your committee

that the arguments in favor of the can were very strong ones and that

the can might reasonably be permitted in use. In order to prevent

confusion because of the use of the present 2-gallon and 3-gallon cans.
TWENTY-SECOND CONFEEENCE ON WEIGHTS AND MEASURES 121

and this new 2%-gallon size, a limitation on the diameter of the 2i/2

- gallon can has been recommended, so that the 2y2 -gallon can will be

a measure with a large diameter and a small height, while, as you

know, the 2 and 3 gallon cans are much higher and of smaller diameter. Now, if you are satisfied with the explanation made by the

ice-cream industry, it seems reasonable to add that size to the specifications for the use of ice-cream manufacturers only.

It is further recommended that the word " forms " be stricken out

and the phrase " brick molds " substituted, because it is the consensus

of the opinion in the ice-cream trade that " forms " applies to fancy

shapes only, and that " brick molds " is a better description of what we had in mind when the specification was originally adopted.

(The report was duly adopted.)

REPORT OF COMMITTEE ON SPECIFICATIONS AND TOLERANCES

ON MODIFICATION OF SPECIFICATIONS FOR MILK BOTTLES,

PRESENTED BY F. S. HOLBROOK, CHAIRMAN

Your committee on specifications and tolerances recommends the

following amendments in the code of specifications and tolerances

for milk bottles

:

Amend this section by adding at the beginning thereof the fol- lowing definition

:

Definition.—Milk bottles shall be construed to include all glass bottles of the form which has been customarily used for the purpose of the measurement and delivery of milk, cream, and buttermilk, at retail, and also other containers which are employed for this purpose. Amend specification No. 1 by striking out the words " Bottles used

for the sale of milk or cream " and inserting in lieu thereof the

words " Milk bottles." Amend specification No. 2 by inserting the word " milk " before

the word " bottle " in line 1. Amend specification No. 3 by striking out the first word, i. e., " Glass," and inserting in lieu thereof the word " Milk."

Amend the tolerance paragraph by striking out the words " bottles to be used in the sale of milk or cream " and inserting in lieu thereof the words " milk bottles." Kespectfully submitted-

(Signed) F. S. Holbrook, Chairman,

Wm. F. Cluett,

Chas. M. Fuller,

A. W. Schwartz,

I. L. Miller,

Committee on Specifications and Tolerances.

DISCUSSION OF ABOVE REPORT

Mr. Holbrook. In explanation of the above recommendations it may be said that milk bottles have not formerly been defined in the

specifications. Yous committee has given some consideration this

year to single-service containers which are used in dispensing various

articles of food in delicatessen stores, ice-cream stores, and by other

retailers, etc-—cardboard cartons used both to measure the contents and serve as a delivery package for the material. The committee
122 BUREAU OF STANDARDS

has that subject on the agenda for next year, and probably will bring

in a code of specifications and tolerances for single-service containers.

The question arose as to whether cardboard milk containers should

properly fall under the proposed general classification of "singleservice containers " or under the present classification, " milk bottles." In this relation it occurred to the committee that in the case of containers used in substitution for the customary types of glass

bottles, in the delivery of milk, it was consistent that they should

adhere to the specifications and tolerances of the milk-bottle code.

Therefore, it was deemed advisable to introduce a definition of the

term " milk bottles," in the code so headed.

In the definition as read the word " containers " will include within

the definition the cardboard, paper, and perhaps fiber, cartons which

are sometimes being substituted for glass milk bottles. Further- more there will be brought within the purview of this definition all bottles simulating milk bottles and it will be required that such bottles when used, must be of the size of milk bottles and comply with

the other requirements. In some sections of the country it seems

to have become the practice to utilize bottles which look like a milk

bottle, but which are of odd sizes—they may hold 7 ounces, for

instance. These are being largely used in the sale of preparations,

such as " chocolate-milk," and the like—preparations which may employ skimmed milk to which chocolate or some other flavor has been

added.

Now some of the officials have had difficulty with this T-ounce size because it simulates the 8-ounce size. Such bottles have been mixed

up and the 7-ounce size actually has been used for the delivery of cream to the consumer, thus violating the law which is in force in

many States to the effect that milk bottles may only be of 1 quart,

1 pint, or one-half pint sizes. By making this definition inclusive

of all bottles of the milk bottle form or type, we endeavor to require

that all bottles of this type be of the sizes as prescribed by law for

milk bottles. The remaining changes are merely formal ones to make the code

consistent with this new definition.

(The report was duly adopted.)

RECONDITIONING REJECTED OR TRADE-IN SCALES

By A. G. Seneb, Vice-President, Sanitary Scale Co. First, I would like to digress, for a moment, from the subject

assigned me in order that we may appreciate, to the fullest extent,

the real function of the scale and its relation to the most important

transaction in the store. My years of experience in the scale business have indelibly impressed upon me the fact that very little, if any, importance has been

attached to the weighing transaction in the store by either the buying public or the merchants. I am convinced that the matter is purely an educational procedure and that the educational responsibility rests squarely upon the shoulders of the various departments

of weights and measures and the scale manufacturers jointly. Observation of many beautiful stores, equipped with the most modern
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 123

fixtures to make them inviting and to make for expediency and effi- ciency, show that they are using antiquated weighing equipment,

which proves conclusively that the merchants, as a whole, do not

fully appreciate the importance of the weighing transaction.

Let us stop for a second and analyze just what this means. The

buying public and the merchant are mutually interested in the scale from a financial standpoint because it is the only piece of equipment

in the store that determines for them both, the pounds and ounces

of commodities to be exchanged for dollars and cents. Now when

we are brought to realize that the scale is the only determining

factor which stands between the merchant and the customer, and we

endeavor to visualize the magnitude of the combined purchasing

power of the housewives thoughout the entire world, we find ourselves dealing with an incomprehensible problem of staggering proportions, but we are certain that it exceeds, by far, the combined purchasing power of our large corporations.

We will be conservative and say that the housewife purchases only

40 articles per week upon which the prices are determined by the

scale ; then let us multiply that by the 52 weeks in the year. Now try

to imagine, if we can, the vast multitude of housewives throughout

the world who are doing this purchasing day after day. It presents

a problem far beyond our comprehension, yet the condition exists. Now let us see what might result should the scale happen to be

inaccurate and cheat the housewife out of only a single ounce on

every weighing transaction. She purchases 40 drafts per week for

52 weeks, or 2,080 drafts per year and loses only 1 ounce per draft, or 2,080 ounces per year, and we will say that the average cost of

commodities is 4 cents per ounce—she pays out $83.20 annually for

foodstuffs she never receives. This looks like a modest amount,

but it is the interest on better than $2,000 deposited in a bank at 4

per cent and should we attempt to multiply it by the great number

of housewives doing this purchasing all over the world, we would

soon become dizzy with mathematics. Every housewife within the

hearing of my voice will readily concede that the purchasing of food

for the family cuts a mighty big hole in the weekly pay envelope, and

that my figures are entirely too conservative should the condition I have described exist. We worry about the accuracy of gasoline pumps—I'll admit that

the consumption of gas is something to be reckoned with—but how

many families put up their cars for the winter, or allow them to stand idle in the garage for weeks, during which time there is no gas

consumed? Do families refrain from eating for such extended

periods of time? We might go on a diet occasionally and reduce our food consumption, but let the dinner bell fail to ring at the

customary time and the whole family is up in arms. Eating is more

than a habit, it is a necessity, and the majority of the food we eat must, at some time, pass over the scale, so you can readily see just

how closely the scale is entwined in our every-day life and pocketbooks. The scale can be compared similarly with every other measuring device and, in every instance, will prove to be the most important factor in relation to our weekly income.

The scale also has its important duty to perform for the

merchant. He is also great in numbers and plays no little part in
124 BUREAU OF STANDARDS

our every-day life. He gets very little credit for the important

role he plays in our scheme of things. He must be a most courageous

gambler of the first water, for does he not take a hazardous risk

when he invests his good money every day at market, purchasing

all sorts of perishable food stuffs, in and out of season, and displaying them for your selection in his store, with no definite assurance

that you are going to purchase? Does not shrinking in weight and

decomposition of his wares menace him constantly? Is he not compelled to smile through all of his business trials and tribulations and

greet you pleasantly when you enter his establishment, for you

would not patronize a grouch? So he, too, is entitled to consideration when we speak of the weighing transaction in the store. He buys a slicing machine in order that he may give you expeditious service and cut your meats thin and uniformly but he also buys the slicer in order that he may get his poundage out of his

meats; in other words, he must cut the bacon down to the rope if he is going to get his just profit out of his meats, which he must

do if he is going to remain in business and give you the quality and

service you demand and have every right to expect. Yet, if his

scale is old and sluggish and is giving 17 ounces to the pound,

doesn't it defeat the economic purpose of his slicing machine ? He pays considerable money for an electric-lighted, electricallyrefrigerated showcase. He spends his good money for this very

efficient display fixture in order to place before the houswife his

choicest cuts of meats and perishable food stuffs. He feels that he

can do this without losses from trimming his meat or decomposition

of other perishable foods, because of the uniform refrigeration

maintained within his case and the fact that his wares will remain

in a salable condition; but, if his case is functioning 100 per cent

efficiently and his scale is giving 17 ounces to the pound, doesn't it defeat the purpose of his showcase and has not his outlay of money

for his case been in vain?

He buys a cash register to accurately record his business transactions. It is needless to dwell upon the necessity of a cash register in

every store, but suppose the merchant places 28 cents worth of a commodity upon his scale and the scale lies to him and registers

25 cents; he has no alternative other than to press down the 25-cent

keys on his cash register, for the scale determines what keys he shall

press down—he is guided entirely by its determination of values.

Then what happens! He rings up 25 cents on his register, gets out

a 25-cent ticket, which he hands to the customer, who pays 25 cents to the cashier, who, in turn, adds up 25 cents on the adding

machine and the 25 cents goes on the deposit slip, along with all the

other amounts and goes into the bank, and there is no piece of machinery known to modern science that can retrieve for the merchant

the 3 cents out of which the scale has cheated him. The scale then,

has defeated the merchant, the cash register, the cashier, and the

adding machine.

I could go on for hours, proving to you conclusively that the scale

is by far the most important factor in our every-day existence, but

time will not permit of it ; but it is my desire to impress upon your

minds the importance of the scale and its relationship to our daily

life and business generally.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 125

Now that we have some idea of the real necessity of weighing

with accuracy and how important it is that the scale should function

correctly at all times in order to guarantee a square deal on both

sides of the counter, we come to the problem that confronts the scale

manufacturer, and that is: What disposition shall we make of re- jected or trade-in scales?

Scale manufacturers make honest scales, the majority of merchants

are honest in their dealings with the public, and those who might

be inclined to resort to sharp business practices are soon brought

into line by the activities of the departments of weights and measures. I often wonder if the representatives of the various departments of weights and measures are properly appreciated as public

benefactors by the multitude, whose pocketbook they protect by

their watchful investigation of the important weighing transaction

in the store. Scales are usually traded in for one of three reasons: First, the

merchant wants to avail himself of a more modern type of scale. Second, he has found that his scale is not functioning properly.

Third, his scale has been condemned by the sealer and must either

be repaired or replaced. In the first instance, it is possible that the

scale is in good weighing condition, but is obsolete in design or re- finements. In the two latter instances it is acknowledged that the

scale is not functioning correctly and he is, either of his own choice,

by the persuasion of a salesman, or by the order of the sealer

obliged to trade it in for a new one. Some manufacturers of scales insist that all trade-in scales be

turned in by the salesmen to the company and that they then be forwarded to the factory, where they are rebuilt and sold again at re- duced prices. If the trade-in scale is in very bad conditio^ it presents quite a problem when rebuilding it because of the expense

involved ; that is, freight to the factory, labor, new parts, and freight

back again into the field. Because of the necessity of making it weigh with the highest degree of efficiency, it must be torn down to

its casting, the pivots honed, sharpened, or replaced, bearings

cleansed or replaced, and all working parts that are worn replaced

throughout the entire scale. If this work is not done with the same

efficient care as is given to the building of a new scale, it becomes a menace to both the buying public and the merchant, if it finds its way back into the store again. Some manufacturers have arrived

at the conclusion that the majority of trade-in scales have out- lived their usefulness, and do not attempt to salvage any return

from them.

It would be an excellent precautionary measure were a law passed

making it necessary that every rebuilt scale bear some distinctive

mark, placed in a conspicuous place on the scale, so that the sealer

could tell at a glance that it was purchased second hand. At the same time this would preclude the possibility of unscrupulous sales- men and secondhand dealers misrepresenting them to gullible merchants. Many secondhand dealers have inadequate facilities for

reconditioning scales and ofttimes they find their way back to the counters of merchants who, through their improper conception of

the weighing transaction, try to save money by purchasing a scale

for as little money as possible ; and the rebuilt scale is still in poor
126 BUREAU OF STANDARDS

weighing condition and it will continue doing duty, cheating either

the merchant or the buying public until it is checked by the sealer

and meets its deserved doom.

Of course, there are arguments in favor of both reconditioning

and junking trade-in scales. We have gone over some of the reasons why the scale is so very important to us in our every-day existence

and business life. It must weigh with accuracy, as there is no more

middle ground in weighing than there is in recording of time; it is either right or wrong, and when we stop to consider the expense

and care we must exercise in rebuilding scales so that they will

guarantee that square deal on both sides of the counter, I am of the

opinion, after many years in the business, that it would be better

for all concerned if the majority of the trade-in scales were relegated

to the junk heap.

DISCUSSION OF ABOVE PAPER

Mr. Fitzgerald. I would like to state that it would be much better

if the scale companies would reclaim some of their old scales and

scrap them. In Wisconsin, for example, they are bringing back

to the cities a lot of stuff that we condemned 15 to 18 years ago. I think that to recondition those old scales is wrong, and I think

the scale people should get together on that and get them off the

market. It would make a better market for the scale companies,

and it would make conditions much better for the merchants and

inspectors.

Mr. Sener. I would be glad to get them together and junk all old scales that are taken in. Mr. Fitzgerald. I would not say that, because some of the scales are good—what I am talking about are the obsolete scales that are sold for cash to merchants who do not know anything about them.

I think the scale people should cooperate with the inspectors along

that line and great good will result. Mr. Sener. Unfortunately there has never been any such suggestion. I think most of the manufacturers would be willing to do

that, in which event we could dispose of that matter. Mr. Fitzgerald. The average scale company knows what types of

scales are obsolete, and they surely could make it hard for their

salesmen if they sold such scales taken in on trade that should be

scrapped. In the large cities in our neighborhood we have continual trouble with scale people selling this old junk. I have taken

it up with Mr. Warner, and at the next meeting in Madison it will

be on the program, and we are going to try to stop the practice.

The scale salesmen sell these scales for cash, and the merchant buys

something which we will condemn. We believe the scale people

should cooperate with us and not sell such scales. Mr. Sener. Most companies have no jurisdiction over the trade-in

scales and do not recognize them in the transaction other than to make allowance for them. The same thing is true with the auto- mobile business. I wanted to trade in my car; it was an obsolete

type of car, and the automobile company advised that they could

only allow $150 for it. I said that I would not take that. Then

they said : " If you will come in, we can get you a car for $200 on which we will allow you $800."
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 127

If we can get rid of that situation you speak of, we would be

delighted—nobody more so than the manufacturers—but how can we do it? If you can get the scale manufacturers working along

that line, you will be doing a fine piece of work.

Mr. Fitzgerald. A salesman sold a scale to a merchant for $40,

and it fell to me to inspect it. When I looked at it I was thunderstruck that the salesman had attempted to sell such a scale, and I condemned it. In the course of a day or two the agent came back

to collect his money, and the merchant told him I would not pass

the scale. The salesman then tried to sell the scale to the merchant

for $5; and when he refused to purchase, the salesman asked for a cleaver and smashed it. Attempts to sell such scales must be

stopped.

Mr. Neale. My dear friend has, I think, magnified the situation

somewhat. The term " salesmen " in an organization such as we

have, should in all fairness be limited to " some salesmen." Any

reputable scale company to-day who sells defective scales undermines its own prosperity just as much as it injures a retailer. Now

this salesman who gets hold of a defective weighing device and sells

it for what he can get for it, would not be assured of a living by

any reputable scale company. But as a matter of economy trade-in

scales are not broken up because they may have considerable value

they may have been returned for later models for example—and on

being reconditioned they may be accurate within the tolerances. All our reconditioned scales are certified by the company and are let- tered, showing that they were reconditioned by the company, and

that the company is behind them.

Mr. Fitzgerald. I must say I was not referring to any particular

scale that may have been brought to the factory and reconditioned.

Mr. Neale. I can not see how a deal such as you speak of would

be made because such a scale can be sold only on a bona fide order

if it was sold by a salesman it would have to be his own property.

Mr. Fitzgerald. I will correct my statement and say " some

salesmen."

Mr. Neale. That is bad enough.

Mr. Sener. You can not make all men honest. No scale manufacturer wants things like that foisted on the merchants or public.

That is not what we are in business for. We make honest scales,

and the weights and measures men make honest merchants. You told us that merchants have scales foisted upon them which are not up

to the qualifications, or do not function as well as the department

of weights and measures would like to have them function. That is not our fault, and we will do all we can, and cooperate in any way

to bring about any condition which would be more satisfactory to them.

Mr. Sweeney. Just as a matter of suggestion, Mr. Chairman: I

believe in every locality the sealer becomes familiar with certain concerns which do this work of reconditioning, and I think it is very

easy for the sealer to arrange that before a reconditioned scale is used it should be sealed by the department. That would help considerably. I also think in the general course of his work that a

sealer should try to educate the public so they would submit a
128 BUEEATJ OF STANDARDS

secondhand scale to the office for a test before it was put into

operation.

Mr. Bortell. I think you gentlemen would like to know that there

are certain vital parts in the scales we manufacture which are not

sold, and in the event that they are needed in a scale it is necessary

to send the scale back to us for reconditioning.

Mr. Davis. I think we would save quite a bit of time if we had

ail second-hand or reconditioned scales resealed before they were

put into service. In our State in particular there are very few merchants who can not afford a reconditioned scale, but many can not

afford one of the new ones. In Vermont we try to get secondhand

and reconditioned scales inspected before they are put in use, and

quite often we urge our merchants not to buy a secondhand scale, or even a new scale, without having it inspected by an inspector of

weights and measures. We say to them, " Do not buy a scale until

you have had the pleasure of having it sealed," and they are doing

that pretty generally in Vermont.

Mr. Fuller. Mr. Chairman, I think we have solved that problem

in California by requiring every scale which is offered for sale or kept for the purpose of sale to be tested before it is sold. This

applies to both new scales and second-hand scales. We prosecute

secondhand dealers who try to slip out scales without having them

tested first.COIN-CONTROLLED PERSON-WEIGHING SCALES

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

District of Columbia

One of the policies with regard to weights and measures administration generally considered best by those who have any knowledge

of the subject is to require weighing or measuring instruments used

in connection with commercial transactions to conform to reasonable and fair specifications as to construction and to be subjected

to periodical tests as to accuracy by competent officials. Eeliable information indicates, however, that in many localities small attention is given to weights and measures administration.

Those in authority who are ignorant of the subject usually consider

it of relatively small importance. On the other hand, its importance

is well understood by intelligent officials and other persons who have

given the subject fair consideration.

Even in those jurisdictions where regulation has been seriously

undertaken there appears to be a quite general tendency to confine

inspections to apparatus used in connection with sales of merchandise.

It appears from information which I have been able to obtain

that in but few localities do weights and measures officials make

any test at all or exercise any supervision over apparatus used for

weighing persons for compensation; that is, the penny-in-slot or

coin-controlled scales found in operation in almost every advantageous location in almost every town and city in the country.

The business of operating these penny or coin-controlled scales has grown tremendously during the past few years. It has come

to be a highly specialized business in which much capital is invested

and much effort employed.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 129

Prior to 1921, the weights and measures law for the District of

Columbia did not authorize the department here to test penny scales,

and provided no penalty for employment of inaccurate instruments

of that type in collecting money from the public. When a new law was enacted in 1921, there was placed in it a stipulation to the effect that scales used for weighing persons "for a charge or compensation " should come within the regulatory provisions which provided

for tests of all new scales before being placed in use and semiannually thereafter. The use of inaccurate scales for that purpose was

also penalized as were other violations of the law.

The law became operative in June, 1921, and during the year fol- lowing, tests were made of all penny scales found in operation in

the District of Columbia. It is probable that inspectors did not

find all of them, but during the first year 358 such scales were tested. Of that number only 223 were approved; 135, or approximately 38

per cent of the penny scales operated to collect money from the

people under pretense of indicating their correct weight, were found

to be so inaccurate that it was necessary to condemn them and for- bid their use, either permantly or until repaired.

Some of the owners of such scales expressed much indignation

because the weights and measures department undertook, in accord- ance with law, to test their scales. After the law was passed, but

before it became operative, one man, operating a large number, came

in with a lawyer who undertook to explain that Congress really did

not intend that penny scales be tested, and thought they should not

be molested. When the owner ascertained that we intended to carry

out the law, he sold all his scales and moved to the Pacific Coast. Our inspectors found a larger percentage of his scales inaccurate

than of those of any other operator. All of them would take in the

pennies, but some of them would not weigh at all. They were so bad that the man to whom he sold the lot had soon to quit the

business.

During the first year a liberal policy was maintained. Penny

scales were not condemned or confiscated, unless such action was unavoidable. Had a rigid policy been then adopted it is probable

that there would have been a much larger percentage of condemnations. Confiscation was resorted to only in aggravated cases. In some instances scales were found stationed on the streets, in

front of stores, and no one could be found who would confess to ownership. When such scales were found out of order and confiscated, the owner would usually present himself to inquire what it was all about. Those confiscated fell victim to a sledge hammer.

One owner wanted to know why we were giving attention to such

little things. " Why," he said, " these scales of mine only take a penny at a time." But when requested to state how much he re- ceived from them per year, he suddenly lost all sense of recollection. I have not been able to obtain definite information with regard

to the number of penny scales in use throughout the country. One

concern engaged in the manufacture and sale of penny scales has

informed me that, based upon its investigation and knowledge of

scale distribution, it assumes that there are in use in the United

States approximately 65,000 coin-controlled person-weighing scales. 74737—29 10
130 BUREAU OF STANDARDS

During the past few years much attention seems to have been

given by manufacturers or distributors of penny scales to so-called

promotion work; that is, to publicity calculated to induce the public to make frequent use of the scales in question. Particular stress

is laid upon the importance of persons keeping constantly informed

regarding their weight as a health precaution. A prominent Government official here in Washington was told by his physician to weigh himself at frequent intervals in order to ascertain whether

treatment he was undergoing was having proper effect. He patronized the penny scales. One night he weighed himself on two scales in front of the same store. One of them showed that he had lost a pound since the day before. The other showed that he had gained

a pound. It may be very readily imagined that the weights and

measures department heard from that Government official and that

the manager of the store heard from the weights and measures

department.

The public has been reading the advertisements published by the

penny-scale concerns. The result is that probably more people are weighing themselves to-day than ever before, and they are demanding that the scales shall tell them the truth. Women probably use penny scales to a much larger extent than men. Most of the ladies are trying to reduce. Some years ago one lady spoke to me in much

distress because a scale upon which she had weighed indicated that

she had gained in weight from 97 to 98 pounds. She did not want

to grow fat. A prominent lawyer in this city wrote to me stating that he had

weighed himself on two scales and that they showed a variation of

about 5 pounds. Of course, he felt sure that both of them could not

be correct. Investigation disclosed that, while both scales were

correct at the time of the last preceding regular test, the owner of one had paid no attention to anything about it except its ability to accumulate pennies, had allowed his scale to become out of order,

and it was promptly condemned. He was also forcefully informed

that a repetition of the offense would result in his being taken to

court. Claims of accuracy are very generally made by manufacturers and

distributors of penny scales. As stated above, by advertisements

and by placing their scales in the most conspicuous places possible

they invite the public to use them. The income from a penny scale of attractive type, advantageously located, is said to be quite large. I am informed that the average receipts from penny scales of a

certain type amount to more than $15 per month for each scale. Where the location is especially good, the income is much larger.

One concern, in advertising its product, says : " This scale per- forms like a reliable watch, with bankable accuracy and stability."

Legends indicating accuracy are often printed in a conspicuous place on the scale, thus holding out to the public promise of correct weight.

It is not unreasonable to require manufacturers, distributors, owners, and operators of these scales to render to the public a truthful service. In fact, to do so would not only be just to the public

whose pennies go to make up the large returns from their operation,

but it would be a distinct service to reliable manufacturers and dis-
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 131

tributors who want to place a reliable product on the market. It would afford them relief from unfair competition.

I have not undertaken to discuss this subject from a technical

standpoint. My purpose is only to point out that for the public

welfare penny scales should be under rigid supervision, and per- sons operating inaccurate ones should be punishable therefor.

So far as I am informed this conference has never given consideration to the subject of recommending or suggesting specifications

and tolerances for penny scales. It seems to be that it is a subject

which should receive attention. In my opinion the Committee on

Specifications and Tolerances should investigate the subject and

recommend to the conference at its next regular meeting a complete

code, in order that the various State and municipal officials whose

duty it is to put into effect specifications and tolerances may have the

benefit of such recommendation to guide them. I may say in passing

that in the District we allow a tolerance of 1 pound in 100 pounds.

I am inclined to believe that the tolerance should not be much

greater than is allowed on similar commercial scales. In the District of Columbia there are two general types of penny

scales in use; one is the dial scale with a pointer indicating the

weight on a dial when the person weighing himself stands on the

platform and inserts a penny in the slot, the other is what is com- monly known as the ticket scale which delivers a ticket with the

indicated weight stamped thereon when a penny is inserted in the

slot.One difficulty found here with the ticket scales is that if a person

inserts the penny immediately upon stepping upon the platform,

and before becoming perfectly still, an inaccurate weight is fre- quently indicated on the ticket delivered. The variation will sometimes be 10 pounds or more. The same scale when tested with dead

weight, or when a person stands perfectly still in the center of the

platform, might indicate correct weight. This situation tends to cause public dissatisfaction and complaint, and it is doubtful whether

a penny scale which operates thus should be approved. I am in- formed that some manufacturers are already attempting to over- come this difficulty.

In drafting specifications, the purpose for which the scales are intended and the conditions under which they are used should be

carefully considered. As is well known, most of them are located in

public places used by many different persons and receive rough treat- ment. For that reason they should be of best construction in order

that accuracy may be maintained.

There is one feature in connection with the so-called ticket scales upon which I have not touched. That is the " fortunes " printed on

the back of tickets delivered to the customer. I do not know whether

or not these fortunes are always true. Most of them are complimentary. A few nights ago I patronized a ticket scale. I believe

the weight indicated was about correct. I have some suspicion,

however, regarding the truth of the ' ; fortune " it told, but am not

going to enter into any dispute with the manufacturer on the subject. Here is what it said: " You are liked by people and well you

may be, for you are frank, honest, liberal, generous, and truthful."

Surely no one would complain about receiving that statement from

a fortune-telling scale.
132 BUREAU OF STANDARDS

DISCUSSION OF ABOVE PAPER

The Chairman. Is there discussion of Mr. Koberts's paper?

Mr. Spotz. Mr. Chairman, it happens that I recently engaged in a venture of supplying weighing machines for person-weighing purposes and there are several points in Mr. Koberts's address which

pleased me very much. I was particularly interested in the case of

the Government official who weighed himself on two penny scales in

front of the same store, the one showing that he had lost a pound

since the previous day and the other that he had gained a pound in

the same time. I had a similar experience with a very prominent physician who

said that a scale was inaccurate. It happened that there were

standard test weights immediately available. Before the gentleman

left the store I asked him to step back on the scale and check his

weight with the test weights and it was determined that the scale was accurate. I asked him why he questioned the accuracy of the

scale. At first he declined to answer, but finally he said he had

drunk some beer before he weighed himself. It is situations like this which cause trouble and complaints about the inaccuracy of

scales. I believe you can get in just as much controversy with an

accurate as an inaccurate scale, but that does not excuse you for

permitting a scale to be inaccurate. I have had much experience

with this problem and I have come to the conclusion that so long as the respective States permit inaccurate scales to continue in operation—whether penny-weighing scales or other types—the manufacturer of a better weighing machine has small opportunity of dis- posing of his product. When the time comes that the sealers are permitted to test penny-weighing scales and condemn those which

are inaccurate, that will solve the penny-weighing scale problem

absolutely. I thank you. The Chairman. We will proceed with item No. 42, " Citation by

Weights and Measures Officials of Important Decisions in their

Jurisdictions."

Are there any citations to be made at this time ? This particular item is of considerable importance to you as administrators in your various districts and if you do not have oral

presentations to make we would be very glad to receive written

reports which could be included in the proceedings of the conference,

LEGAL STATUS OF RULES AND REGULATIONS AS ESTABLISHED

BY DECISIONS OF THE COURTS

By William Parry, Bureau of Standards

INTRODUCTION

It is not the purpose of this paper to cover all phases of the subject in hand, nor even to give an extended discussion of the particular topics mentioned, but to discuss briefly some phases of particular

interest to the sealer of weights and measures, and which may be

of practical application.

The general conception by weights and measures officials of the

term " rules and regulations " is that body of formal, written directions which have been promulgated under authority of legislative

enactment. This is generally the conception treated in this paper;
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 133

but there is also another sense in which the term " rule " is used,

and that is a rule of action for applying or interpreting the statutes. Rules referred to in this sense are generally not formally promulgated. Some references which follow in the discussion pertain to

rules of this sort. REFERENCES

In order to give opportunity to those interested for a more thorough consideration of this subject, there have been included a number of references to decided cases or other authorities upon

various points which are here only briefly discussed or referred to. A perusal of these references will throw further light on the subject

and call attention to other considerations to be observed in the

preparation and application of rules and regulations which it is not intended to bring out in this brief paper on the subject.

THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL BRANCHES.

In order that we may clearly understand some of the discussion

which follows, it may not be out of place here to make a brief

statement regarding the three branches of our form of government,

namely, the legislative, the executive, and the judicial. Briefly, the

legislative branch makes the laws, the executive administers them,

and the judicial branch interprets them and determines whether

or not they have been violated, and whether they are valid and not

in contravention of the will of the people as expressed in the National

or State constitutions or in some fundamental law. In the wise

judgment of the framers of the National Constitution these three

branches were given well-defined powers and prerogatives, each in- dependent of the other in the discharge of its functions, yet each

having a check upon the other so as to prevent extensive abuse of

power, so that, finally, the combined action and cooperation of the

three is necessary to carry into effect the will of the people. The

powers of one branch can not be delegated to another; and conversely, the rights of one can not be usurped by another. In the language of the Supreme Court of the United States

:

11 " One branch of

the Government can not encroach on the domain of another without

danger. The safety of our institutions depends in no small degree on the strict observance of this salutary rule." In the very nature of some legislation, it is not practicable 12 for

the legislative branch to foresee and provide for all the circumstances and details, sometimes of a very technical or scientific nature, which may arise in the execution of a law, and it is therefore a very common practice for the legislative branch to provide the general program and confer upon the executive branch authority to provide, by rules and regulations, for the details necessary for carry- ing the program into effect. This practice had its origin at the time

of the adoption of the Constitution, and was undoubtedly in strict conformity with the views entertained by the great statesmen of

that day,13 for we find that from the beginning of the Government

various acts 14 have been passed conferring upon executive officers * Sinking Fund Cases, 99 U. S. 718. "United States v. Grimaud, 220 U. S. 506.

13 United States v. Grimaud. 220 U. S. 506. 517.

14 1 U. S. Stats, at Large, ch. 36, p. 275, ch. 57, p. 569.
134 BUREAU OF STANDARDS

power to make rules and regulations. This is not, however, a delegation of power;15 but it will be seen in the discussion which fol- lows that circumstances and conditions may arise in the preparation

of rules and regulations which make it difficult to determine whether

or not such rules and regulations usurp any of the functions of the

legislative branch, or even those of the judicial.

JUDICIAL NOTICE AND RESPECT

Judicial notice.—The courts take judicial notice of certain rules

and regulations made in pursuance of legislative enactment; that

is, the courts will take cognizance of them without proof. The highest court of the land has expressed itself on this point in the following terms with regard to rules and regulations made by the principal

departments of the Federal Government under proper authority:

Wherever, by the express language of an act of Congress, power is entrusted

to either of the principal departments of the Government to prescribe rules and regulations for the transaction of business in which the public is interested, and in respect to which they have a right to participate, and by which

they are to be controlled, the rules and regulations prescribed in pursuance

of such authority becomes a mass of that body of public records of which

the courts take judicial notice. (Caha v. United States, 152 U. S. 211, 222.) Respect accorded rules and regulations.—The respect accorded

rules and regulations by the courts is founded in some degree upon

the confidence they have in the integrity, knowledge, and ability of

the men charged with the enforcement of the laws. Expression has

been given to this confidence by the courts. The United States Supreme Court has said, respecting the construction given a statute by those charged with its enforcement

The officers concerned are usually able men and masters of the subject. Not

infrequently they are the draftsmen of the laws they are afterwards called upon to interpret. (United States v. Moore, 95 U. S. 760, 763.) One of the guiding principles of the courts in considering rules

and regulations is that, unless it is clearly erroneous, a regulation,

issued under authority of law by an executive officer charged with

the enforcement of the act, will not be set aside when the wording

of the statute is elastic or ambiguous and subject to more than one

interpretation, especially when the construction in question has been

acted upon for a number of years. A few excerpts are given from

court decisions respecting this principle and touching upon the re- spect accorded rules and regulations, or the interpretation of statutes by officers charged with their enforcement

:

In the construction of a doubtful and ambiguous law the contemporaneous

construction of those who were called upon to act under the law, and were

appointed to carry its provisions into effect, is entitled to great respect. (Edwards v. Darby, 12 Wheat. 206, 210.)

It is not unimportant to state, that the construction which we have given

to the terms of the act, is that which is understood to have been practically acted upon by the Government, as well as by individuals, ever since its en- actment. * * * A practice so long and so general, would, of itself, furnish

strong grounds for a liberal construction; and could not now be disturbed without introducing a train of serious mischiefs. We think the practice was

15 State ex rel. Milwaukee Medical College v. Chittenden, 127 Wis. 468, 471.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 135

found in the true exposition of the terms and intent of the act; but if it were

susceptible of some doubt, so long an acquiescence in it would justify us in yielding to it as a safe and reasonable exposition. (United States v. The State Bank of North Carolina, 6 Pet. 29, 39.)

It is a settled doctrine of this court that, in case of ambiguity, the judicial

department will lean in favor of a construction given to a statute by the department charged with the execution of such statute, and, if such construction be acted upon for a number of years, will look with disfavor upon any

sudden change, whereby parties who have contracted with the Government

upon the faith of such construction may be prejudiced. (United States v. Alabama R. R. Co., 142 U. S. 615, 621.) It may be well to emphasize here that the excerpts quoted are in

regard to statutes which are ambiguous and subject to more than one

viewpoint, or method of administration; while on the other hand

there are numerous instances in which the courts have refused to adopt the rules of construction or application of a statute followed

by the enforcing department. In these cases, however, the language

of the statute was clear and explicit and free from ambiguity and

doubt, and the rule of the enforcing department was found to be

without weight.

We have just seen that the courts are not inclined to set aside a

regulation or interpretation of a statute by an executive department

when ambiguity exists, and when the regulation or construction has

been in effect for some time. An opinion touching on the latter point was rendered some years ago when the United States Department of Agriculture requested an opinion from the Attorney General, as to whether single hams and single sides of bacon, wrapped

or covered with paper, cloth, or gelatine, were " in package form " and, hence, included within the list of articles to be marked with

the net weight, measure, or numerical count under the national food

and drugs act. The department had issued a regulation under the

statute in question in July, 1914,16 which included the ruling that

single hams and single sides of bacon wrapped or covered with

paper, cloth, or gelatine were not in package form within the meaning of the act. When the question was submitted to the Attorney

General, January 15, 1917, about two and a half years after the regulation had been in effect, the Attorney General replied in part as follows:

It appears from your letter that in Service and Regulatory Announcements,

Chemistry No. 6, issued July 17, 1914, the Department of Agriculture, which is charged with the administrative enforcement of the food and drugs act, ruled

that single hams and single sides of bacon wrapped or covered with paper,

cloth, or gelatine are not "in package form" within the meaning of the net weight amendment. This ruling has been in effect continuously.

While as is usually the case where elastic words have to be construed, there

is more than one side to the question, I am certainly not prepared to say that

the construction adopted by the Department of Agriculture is clearly erroneous

;

and where the department of Government primarily charged with the enforce- ment of a statutory provision has adopted a construction and that construction has been in practical operation for several years, I do not think that the At- torney General should disturb it unless of opinion that it is clearly erroneous. United States v. Philbrick, 120 U. S. 52, 59; United States v. Moore, 95 U. S. 760, 763; United States v. Hammers, 221 U. S. 220, 228-229; Illinois Surety

Co. v. United States, 215 Fed. 334, 338 (C. C. A. 4th Cir.) ; 27 Op. 446 ; 26 Op.

390; 20 Op. 648; 20 Op. 719. (31 Op. Atty. Gen. 150.)

18 Service and Regulatory Announcements, Chemistry No. 6.
136 BUREAU OF STANDARDS

THE NATURE OF RULES AND REGULATIONS

Rules and regulations which may be prescribed by the administrative branch of the Government must of necessity keep within the

scope of the statute under which they are promulgated and be of an

administrative nature only. They may fill up details where the

legislative branch has indicated its will in the matter ; and they may

even extend to the prohibition of certain acts not specifically mentioned in the text of the law, provided the prohibition of such acts

is necessary for the proper carrying out of the law.17 However, if the rules and regulations go beyond the intent of the law, they would

be an attempt to create new legislation, and consequently an endeavor

to exercise a function which is lodged exclusively with the legislative branch. For instance, a regulation fixing an excessive fee for

the inspection and test of a spring scale was found to be tantamount

to the exercise of the legislative function, because the fee was purposely placed very high with a view to discouraging the use of this

class of apparatus.18 It is a difficult matter to define the line which separates legislative

power to make laws, and administrative authority to make rules and

regulations. It would be as impossible to lay down a rule which

would cover the innumerable fields into which rules and regulations

must reach to meet the demands of the new and ever-increasing in- tricacies of modern life, as it is to define the police power, the foundation upon which rules and regulations are very often laid. And like

the police power,19 it is easier to determine the application of a given

instance, than it is to define and include the whole field in one masterful stroke of judicial sagacity and prophetic insight.

A Wisconsin case

20 states that " the true test and distinction whether

a power is strictly legislative, or whether it is administrative, and

merely relates to the execution of the statute law, is between the dele- gation of power to make the law, which necessarily involves a dis- cretion as to what it shall be, and conferring authority and discretion as to its execution, to be exercised under and in pursuance of the law."

The nature of the limitations placed upon the police power give some light concerning the limitations which may hedge about rules

and regulations. As already intimated, the police power has never been exclusively and inclusively defined, nor indeed is it capable

of such definition. The ever changing conditions of modern life require new applications of the police power to conditions which

could not be foreseen from experiences of the past. Descriptions of

the police power, however, have been expressed and these do throw

light upon its nature and limitations, and the scope of the matters

which may come- within its jurisdiction, and, consequently, upon

matters which may come within the purview of rules and regulations properly predicated upon legislative authority. A few quotations bearing upon this point will be given later in another section of

this paper.21 We have seen that rules and regulations are prohibited from enter- ing the field of legislation, and likewise they are restrained from

17 United States v. Grimaud, 220 U. S. 506.

18 Bryan v. Newman, 7 Ky. Opin. 270.

10 Aetna Fire Insurance Co. v. Jonos, 78 S. C. 445, 59 S. E. 148, 150.

20 State ex rel. Adams v. Burdge, 95 Wis. 390, 402. « See pp. 139-140.
TWENTY-SECOND CONFEEENCE ON WEIGHTS AND MEASURES L37

occupying the field reserved to the judicial branch of the Government.22 But encroachment upon the judicial is not nearly so likely

to happen in the preparation of rules and regulations as is the invasion of legislative rights. Without encroaching upon the prerogatives of the judicial, rules and regulations may explain the details,

throw light upon the text so that it may more easily and surely be

carried into effect, and make plain details necessary for its ex- ecution which are not included in the text, but which may be a natural outcome from the nature of the provisions included in the

law and requirements for its execution. Here again the line of demarkation between those functions which are administrative and

those which are judicial is not clear, distinct, and easily followed,,

and consequently differences of opinion arise in many instances.

SUBSTANTIVE LAW

There must be substantive law upon which to base the issuance of

rules and regulations ; 23 that is, a definite law which creates and defines the matters to be regulated. It must be sufficiently broad in

its terms to include the scope of the rules and regulations; otherwise they partake of the nature of legislation and are void for

lack of authority. It may be noted, however, that the precise limit

upon the competency of the legislature to delegate the power of

government is uncertain.24 In considering the question of substantive law upon which rules

and regulations are to be based, we should ascertain (a) whether

the substantive law is sufficient and adequate to justify all the provisions desired in the rules and regulations, and (b) whether the

law contains a delegation of authority.

The sufficiency of the substantive law with reference to penalties

inflicted for violation of rules and regulations made by an executive

officer, is stated by the Supreme Court of the United States,25 and it will be noted from the language quoted from the syllabus in this case that the penalty is prescribed by statute and not by the executive

officer making the regulations : When the penalty for violations of regulations to be made by an executive

officer is prescribed by statute, the violation is not made a crime by such offi- cer but by Congress, and Congress and not such officer fixes the penalty, nor is the offense against such officer but against the United States. A Wisconsin statute authorized the State board of health " to make such rules and regulations and to take such measures as may,

in its judgment, be necessary for the protection of the people from

Asiatic cholera or other dangerous, contagious diseases." The law

further provided that the terms " other dangerous, contagious

diseases," should be construed to mean such diseases as the board

should designate as such. A rule promulgated by the board re- quired a certificate of vaccination as a condition for attending the

public schools. A case arising under this law came before the

Supreme Court of the State 26 and the act was held to be void as a delegation of legislative power. The court pointed out that " the

provisions of the statute import and include an absolute delegation

22 Sinking Fund Cases, 99 U. S. 718.

23 In re Griner, 16 Wis. 423, 434.

24 State v. Gloucester County, 50 N. J. L. 585, 594, 15 Atl. 272. * United States v. Grimaud, 220 U. S. 506.

28 State v. Burdge, 95 Wis. 390, 70 N. W. 347, 60 Am. St. Rep. 123.
138 BUREAU OF STANDARDS

of the legislative power over the entire subject here involved, and

this, too, without any previous legislative provision for compulsory

vaccination, or as a condition of enrollment of children of proper

school age as pupils in the public school, or of their right to attend

such schools." Substantive law for the rules and regulations as issued by the State board of health was lacking in this case. SCOPE AND POWER

The police power, upon which rules and regulations are often

founded, is broad in its scope,27 and in the exercise of this power the

State is not confined to matters relating strictly to the public morals

and peace, but it may extend this power within its recognized scope

wherever the business interests demand.28 It may protect against

ignorance and incapacity as well as deception and fraud; and subject to limitations, it may make all needful regulations as in its judgment will secure or tend to secure the general welfare of its people.29 The scope of the police power, however, has its limitations—it can

not extend to certain matters which do not come within its recognized

functions, nor may it impose onerous and unnecessary burdens upon

business or property,30 nor impair the obligation of contract.31 Regulations issued under authority must be consistent with the

statutes enacted by the legislature on the subject

;

32 they must have a

real and substantial relation to the ends sought

;

33 they must tend in some degree toward prevention of some oifense or manifest evil

;

34 they can not be purely arbitrary nor purely for the promotion of

private interests

;

35 and they may not impose rates such as to work

a practical destruction of property rights 36 nor prohibit an act, entirely innocent in character, which the courts can clearly see has no

tendency to affect, injure, or endanger the public along the lines

recognized as within the police power. 37 There are many angles to the question as to whether rules and

regulations are within the scope or power of the legislative act under

which they are promulgated. In some instances it has been held that

rules and regulations touching upon matters not specifically mentioned in the legislative act have been found valid, 38 while in other

cases the contrary has been true.39 However, it may be said, in general where a thing is needed, or would be a natural outgrowth or con- sequence of carrying out the provisions of the legislative act, it would

6e held a valid and proper requirement although not specifically mentioned in the law, while, on the other hand, a regulation might be

void as being too remote from the language of the act and in a

sense as an additional requirement not deducible from the language

of the act and not contemplated by the legislative body.39

27 Ex parte Quarg, 149 Calif. 79, 81, 84 Pac. 766, 767; The State ex rel. Adams v. Burdge, 95 Wis. 390, 399.

28 State v. Wagener, 77 Minn. 483, 80 N. W. 633, 635.

29 Dent v. West Virginia, 129 U. S. 114, 122.

30 Ex parte Charles E. Hayden, 147 Calif. 649.

31 The Constitution, Art. I, sec. 10.

82 United States v. Symonds, 120 U. S. 46, 49.

33 Mugler v. Kansas, 123 U. S. 661.

34 State v. Ashbrook, 154 Mo. 375, 385, 55 S. W. 627. ^Cooley, Const. Lim. 837, 7th ed.

86 Regan v. Farmer's Loan and Trust Co., 154 U. S. 362 ; Bryan v. Newman, 7 Ky. Opin.

270.

37 Ex parte Quarg, 149 Calif. 79, 81, 84 Pac. 766, 767.

88 United States v. Grimaud, 220 U. S. 506.

88 United States v. Eaton, 144 U. S. 677.
TWENTY-SECOND CONFEKENCE ON WEIGHTS AND MEASURES 139

Rules and regulations promulgated under authority of law have

the force of law, 41 and the power to esta'blish rules and regulations

necessarily implies the power to modify or repeal or create anew.42 In the exercise of the police power, the enacting authority is the

sole judge as to what is expedient, but the judiciary is the judge

as to what is beyond the boundaries of reasonable regulation and in

the domain of destruction. 43 Regulations can not be questioned or defied because they may be

thought unwise or mistaken, 44 neither will the courts hold that an

act is not within the police power unless it is so clearly without as to remove every reasonable doubt that it is. 45 In the preparation of rules and regulations, their scope should be

bounded by two important considerations, first, they must be for the

public welfare, and second, the measures adopted must have relation

to the purpose sought to be accomplished. 46 The scope and effect of rules and regulations, issued under authority of law, have come before various courts for determination from

time to time,47 and in passing upon such cases and upon others

arising under legislative enactments based upon the police power,

the courts have expressed opinions as to the nature of the police

power, its force, scope, and limitations, and a number of these are quoted below. A careful study of these viewpoints will be very

helpful in obtaining a comprehensive idea of the powers which may

be exercised by rules and regulations and the limitations placed

upon them.

It would be presumptuous for any court to attempt to formulate an exact

definition of the term the " police power of the State." Legal definitions do

not sum themselves up in single sentences. They are, and of necessity must

be, more or less general and elastic, in order that the courts may apply them

to the infinite variety of circumstances which may arise in the relations and

affairs of mankind in civilized society. (State v. Dalton, 46 Atl. 234, 235, 84 Am. St. Rep. 818.)

It has been declared by Chief Justice Shaw that it is much easier to per- ceive and realize the existence and sources of the police power than to mark

its boundaries or prescribe limits to its exercise. This power is and must be from its very nature incapable of any very exact definition or limitation. Upon

it depends the security of social order, the life and health of the citizen, the comfort of an existence in a thickly populated community, the enjoyment of private and social life, and the beneficial use of property. (Slaughterhouse

Cases, 83 U. S. (16 Wall.) 36, 62.) All property in this Commonwealth is held subject to those general regulations which are necessary to the common good and general welfare. Rights

of property, like all other usual and conventional rights, are subject to such

reasonable limitations in their enjoyment as shall prevent them from being

injurious, and to such reasonable restraints and regulations established by law, as the legislature, under the governing and controlling power vested in them

by the constitution, may think necessary and expedient. * * * The power

is vested in the legislature by the constitution to make, ordain, and establish

all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall

41 Stotesbury v. United States, 23 C. CI. 285, 292.

42 United States v. Eliason. 16 Pet. 291, 301.

43 State ex rel. Milwaukee Medical College v. Chittenden, 127 Wis. 468, 521.

44 United States v. Eliason, 16 Pet. 291, 301.

45 State v. Holden, 14 Utah 71, 46 Pac. 756.

46 Parkes v. Judge of Recorder's Court. 236 Mich. 460, 466.

47 Harvey v. United States, 3 C. CI. 38, 41 ; Landram's Case, 16 C. CI. 74, 84, 85 ; Savings

Bank v. U. S., 16 C. CI. 335, 347, 349 ; Maddon v. U. S., 20 C. CI. 193 ; Symonds's Case, 21 C. CI. 148, 152; Stotesbury v. U. S.. 23 C. CI. 285; Romero v. U. S., 24 C. CI. 331;

Kendall v. U. S., 12 Pet. 524, 610 ; U. S. v. Eliason, 16 Pet. 291, 301 ; Aldridge v. Williams, 3 How. 1, 29 ; Gratiot v. U. S., 4 How. 80, 117 ; Ex parte Reed, 100 U. S. 13, 22 ; U. S. v. Symonds, 120 U. S. 46 ; Smith v. Whitney, 116 U. S. 167, 181 ; U. S. v. Grimaud,

220 U. S. 506 ; Overt v. State, 97 Tex. Crim. Rep. 202.
140 BUREAU OF STANDARDS

judge to be for the good and welfare of the Commonwealth and of the subjects

of the same. (Commonwealth v. Alber, 7 Cush. (61 Mass.) 53.) This power [police power] has been defined in varying language, but of

substantially the same general import. "All laws for the protection of life, limb, and health, for the quiet of the person, and for the security of property,"

fall within the general police power of the Government. "All persons and

property are subjected to all necessary restraints and burdens, to secure the general comfort, health, and prosperity of the State ;" and it has been said that

" it is coextensive with self-protection, and is not inaptly termed ' the law of overruling necessity.' " It is that inherent and plenary power in the State which enables it to prohibit all things hurtful to the comfort and welfare of

society. (State ex rel. Adams v. Burdge, 95 Wis. 390, 398.) REASONABLENESS

Inherent qualities.—It is a well-established principle that laws

must not be arbitrary, discriminatory, oppressive, harsh, capricious, or unreasonable, and it follows that rules and regulations, deriving

their existence by authority of law, must come within all the limitations placed upon the laws themselves. They can not exercise greater

authority, and they are bound by all the rules of law which govern

enactments of the legislature.

A regulation must have a sound necessity for its promulgation,

and can not subsist upon some whim or imaginary evil to be suppressed. A requirement might be unreasonable in one place and

perfectly reasonable in another. It might be unreasonable in a mere village, whereas in a large city, with its great volume of busi- ness of the character affected, it might be a reasonable regulation.45 The question as to whether rules and regulations are arbitrary,

discriminatory, oppressive, harsh, or capricious is very much bound

up in the question of reasonableness, and consequently the determination of the question of reasonableness is very largely the solution of the other questions. Tersely, it may be stated that the determination of reasonableness in the exercise of the police power is the stumblingblock to perfection; or, in the words of another,49 "unreasonableness is one of the inherent limitations of the police

power." If it were not for these differences of opinion as to what

constitutes reasonableness, it would be a much easier task to promulgate valid rules for the enforcement of legislation and there

would be fewer cases for determination by the courts. In various decisions of the courts we find some basic principles

stated which throw light upon the question of reasonableness. A

few of these are quoted.

Liberty implies the absence of arbitrary restraint, not immunity from rea- sonable regulations and prohibitions imposed in the interests of the community. * * * Where the legislative action is arbitrary and has no reasonable relation to a purpose which it is competent for government to effect, the

legislature transcends the limits of its power in interfering with liberty of

contract; but where there is reasonable relation to an object within the gov- ernmental authority, the exercise of the legislative discretion is not subject to

judicial review. The scope of judicial inquiry in deciding the question of power is not to be confused with the scope of legislative considerations ih

dealing with the matter of policy. Whether the enactment is wise or unwise,

whether it is based on sound economic theory, whether it is the best means

to achieve the desired result, whether, in short, the legislative discretion within

its prescribed limits should be exercised in a particular manner, are matters

*8Stegmann v. Weeke, 279 Mo. 131, 151; Locke's Appeal, 72 Pa. 491; Davis v. Anita, 73 la. 325, 35 N. W. 244.

49 Op. Atty. Gen. of Pa., 20 Pa. Dist. 881, 882.
TWENTY-SECOND CONEEKENCE ON WEIGHTS AND MEASURES 141

for the judgment of the legislature, and the earnest conflict of serious opinion does not suffice to bring them within the range of judicial cognizance.

(Chicago, B. & Q. R. Co. v. McGuire, 219 U. S. 563.) By the term " reasonable " is not meant expedient, nor that the conditions must be such as the court would impose if it were called on to prescribe whafc would be the conditions. They are to be deemed reasonable where, although

perhaps not the wisest and best that might be adopted, they are fit and appropriate to the end in view, to wit, the protection of the public, and are manifestly adopted in good faith for that purpose. If the condition should be

clearly arbitrary and capricious; if no reason with reference to the end in view could be assigned for it; and especially if it appeared that it must have

been adopted for some other purpose—such, for instance, as to favor or benefit some person or class of persons—it certainly would not be reasonable, and

would be beyond the power of the legislature to impose. (State v. Vandersluis, 42 Minn. 129, 43 N. W. 789.) If a regulation is within the scope of the legislative power and its purpose

is not arbitrary supervision, but the protection of the public, the mere fact that it may be unwise in the opinion of the courts or involve an added expense upon the consuming public is no justification for judicial interference. (State

v. Armour & Co., 27 N. D. 177, 205.) In determining the question of reasonableness it [the legislature] is at

liberty to act with reference to the established usages, customs, and traditions of the people, and with a view to the promotion of their comfort, and the pres- ervation of the public peace and good order. (Plessy v. Ferguson, 163 XL S. 537, 550.) An inquiry into the question of whether an ordinance is a fair, reasonable,

and appropriate exercise of the police power, or is an unreasonable, arbitrary

interference with the right to hold and enjoy property, under the guise of an

exercise of police power, is a judicial one, and the courts are not precluded

from answering it by the mere fact that a board of supervisors or municipal

council has expressed its judgment. (Hume v. Maurel Hill Cemetery, 142 Fed.

552, 563.) Liberty and property yield to the police power, but not to the point of destruction. (Freund on Police Power, p. 60.) Affected by statutes.—The courts are not in entire agreement as to what constitutes reasonable requirements in a law or in rules and

regulations. This may be due to differences of opinion as to what

elements are necessary in arriving at a conclusion as to when a law

is arbitrary, harsh, oppressive, or incapable of enforcement; or it may be due to some restrictions found in the constitution or some

fundamental law of the State. A case in point where provisions of

the State penal code have a direct bearing on the validity of rules

and regulations is one which arose in Texas under the net container

act of 1919. 50 In this case a sack of flour, weighing 47 pounds and

13 ounces, was sold for a sack which by law was required to weigh

48 pounds.

The particular portion of the law in question reads as follows:

All articles of foodstuff, feed, or other commodity which are sold in packages,

shall in all instances contain the net weight of the produce or commodity other than drugs so sold in such packages or containers, and shall not include the weight of the package or container. No person shall sell or offer for sale food,

feed, or other commodity in package form unless the quantity of the contents be plainly and conspicuously marked on the outside of the package or container

giving the weight, measure, or numerical count of the contents thereof. Provided, however, That reasonable variations may be permitted and tolerances and exemptions allowed under such rules and regulations as may be made from

time to time by the commissioner of markets and warehouses. * * * It will be noted that the law states that " reasonable variations

may be permitted and tolerances and exemptions allowed under such

rules and regulations as may be made from time to time by the com50 Gen. Laws, 1919, ch. 130, p. 231.
142 BUREAU OF STANDARDS

missioner of markets and warehouses." It appears from statements made in the case that the commissioner of weights and measures had

not made rules and regulations under the act. The court held that

it was mandatory upon the commissioner to issue rules and regulations, notwithstanding the use of the conditional tense in the language of the law, and the court then makes the following state- ment : " Whether, however, the authority thus conferred upon the

commissioner be mandatory or permissive it is couched in terms

too general to become a valid part of a criminal statute." A further

statement regarding the limitations which it believes should have

been placed by the law upon the authority to make rules and regulations was made by the court as follows

:

The power conferred is to make rules and regulations from time to time,

permitting variations, tolerances, and exemptions. The statute places no

limitation upon this authority, save that the variations, tolerances, and exemptions must be reasonable. It prescribes no measure by which their reasonable- ness may be tested, and sets forth no further expression of the legislative will touching the nature of the rules permitted. It is contemplated that rules prescribed by the commissioner shall have the force of law and that the non- observance of them shall constitute a criminal offense. This being true, it is deemed essential to the validity of the law that the legislature define the power conferred and place limitations upon the authority to make and pro- mulgate the rules, to the end that they may not be lacking in the imperative elements of a law denouncing an offense, which are stated in our penal code thus

:

" The design of enacting this code is to define in plain language every offense against the laws of this State, and affix to each offense its proper punishment."

(P. C, art. 1.) "No person shall be punished for any act or omission unless the same shall be made a penal offense, and a penalty is affixed thereto by the written laws

of this State." (Overt v. The State, 97 Tex. Crim. Rep. 202.) The law was held invalid as not defining nor limiting the power

of the commissioner, and the court discharged the party accused of

the sale of short-weight flour. This net-weight law of Texas is similar to other State laws on

the same subject in which provision is made for the official charged

with the enforcement of the law to promulgate rules and regulations

affecting tolerances and exemptions, and these latter laws have been

found workable ; but, as previously stated, a law may be found invalid

in one State because of some local statute or constitutional provision,

while a similar law in another State may be valid.

For the purpose of comparison with the Texas law, attention is directed to similar laws which are in force in other States, as in New

Hampshire, Pennsylvania, Virginia, and West Virginia.51 Reasonable requirements.—We shall now consider some specific

instances in which certain provisions or requirements have been held

to be reasonable by the courts, and we shall then take up some which

have been held to be unreasonable.

The decisions of the courts upon the subject of reasonableness are generally in relation to legislative enactments, rather than to rules

and regulations made by the executive authority; but we may ex- amine these for guidance also, since, as already pointed out, rules

and regulations made by administrative officers have no greater free- dom from review and restraint by the courts than has statute law.

51 New Hampshire, Public laws, 1926, vol. 1, ch. 161, p. 594, sees. 29 and 41 ; Pennsylvania, laws, 1913, act No. 445, p. 965 ; Virginia, acts, 1926, ch. 145, p. 248 ; West Virginia,

acts, 1915, ch. 16, p. 167, as amended by acts, 1919, ch. 53, p. 224.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 143

In a North Dakota case

52 the law in question required lard or lard

compounds or substitutes, unless sold in bulk, to be put up in pails or other containers holding 1, 3, or 5 pounds or whole multiples of

these numbers, and the label was required to show the true net weight

of the contents and the name and grade of the product. In this case the court held that a law is not unreasonable because it interferes

with a custom of an industry which has extended over a period of more than 30 years, nor because it imposes an additional expense

upon the industry in question, nor because the purchasers of the

commodity are not prejudiced against buying the commodity as formerly put up. A city ordinance is not unreasonable in requiring glass bottles or

jars for the sale of milk to have the capacity permanently and

legibly indicated upon the bottle or jar, nor because the ordinance

has the effect of depriving the owner of the use of glass bottles or

jars which he had on hand when the ordinance was passed.53 A city ordinance is not unreasonable in limiting the weights of

loaves of bread to one-half, three-quarters, 1, 2, 3, 4, 5, and 6 pounds.54 A municipal ordinance requiring that all articles of merchandise

sold in load lots by weight shall be weighed by specially appointed

weighmasters is not an unreasonable classification in not including

wholesale dealers who sell coal in carload lots, as the latter deal with

those who have the means of determining the weight of the carload

lots and are not in the same class with retail dealers.55 An ordinance requiring the weighing of heavy commodities, sold

in bulk and by weight in the city limits, on the city scales, under an

appropriate penalty, is not unreasonable and in restraint of trade.

Such legislation is designed to prevent fraud and imposition upon

the citizens, and is a legitimate market regulation.56 An ordinance is not unreasonable which prohibits the sale of any

fruit, vegetables, or nuts from cups, cans, or other receptacles other

than sealed dry measures sealed by the city sealer, except when such

commodities are sold in the original receptacles.57 An ordinance requiring the true weight or measure to be stated on

the container is not unreasonable because the true weight at the

time of packing is necessarily more than the true weight after loss by evaporation, since it merely throws the loss upon the packer

instead of the consumer.58 An ordinance is not unreasonable in prohibiting the use of " short

boxes " as original containers for the sale of vegetables, and re- quiring boxes for this purpose to be of the capacity of one-half and

1 bushel.59 In connection with this last-mentioned case, it might be well to point out that the ordinance prescribed a bushel box of certain di- mensions and a half-bushel box of certain other dimensions, but no penalty for the use of boxes of different dimensions, but only a penalty for the use of boxes of a different capacity. This ordinance

was, therefore, held to be only advisory and not mandatory with

52 State v. Armour & Co., 27 N. D. 177, 240 U. S., 510.

53 Chicago v. The Bowman Dairy Co., 234 111., 294.

B* Chicago v. Schmidinger, 243 111. 167, 226 U. S. 578.

55 City of Chicago v. The Wisconsin Lime & Cement Co., 312 111., 520.

56 City of Carterville v. McGinnis, 142 Ga. 71. "Rafetto v. Mott, 60 N. J. Law Rep. 413.

68 Seattle v. Goldsmith, 73 Wash. 54.

59 Stegmann v. Weeks, 279 Mo. 1*0.
144 BUREAU OF STANDARDS

respect to the use of boxes of prescribed dimensions. The concurring

opinion of Mr. Justice Faris holds that the ordinance is valid only

because it prescribed no penalty for the use of boxes of different

dimensions, and that the city had no power to prescribe that boxes

should be of a required length, width, and depth.

It seems to be the plain conclusion in this case that the law, after

fixing the dimensions of the boxes, should have provided for the use of boxes of other form, but of the same capacity. This course has

been followed in some Federal and State legislation.60 Unreasonable requirements.—We shall now consider a few decided cases in which certain requirements have been held to be unreasonable.

A statute requiring the marking of small packages of butter in- tended for sale with their weight in figures not less than a quarter

of an inch high is an unconstitutional interference with liberty and

property rights, and not a legitimate exercise of the police power.61 A municipal ordinance requiring bread to be made into loaves

weighing not less than iy2 pounds, and imposing a penalty for its violation, was held to be an unreasonable exercise of the police

power, and an interference with the rights of individuals engaged

in selling 1-pound loaves of bread.62 A tolerance in excess on loaves of bread of 2 ounces to the pound

was held to be an unreasonable requirement by the Supreme Court

of the United States in the Nebraska bread case.

63 A law arbitrarily fixing the weight of stays, standards, and supports, etc., for the shipment of lumber, at 1,000 pounds per car was

found to be invalid, the court holding that any regulation of rates which arbitrarily fixes the weight of cars or equipment at more or

less than the actual weight is unreasonable.64 In a California case 65 it was held that "the marking of fruit

packed for shipment with the locality in which it is grown, can not

be required under the police power of the State." In considering

this requirement, held to be unreasonable by the highest court of

California, comparison is directed to one of the well-known cases decided by the Supreme Court of the United States nearly a half

century ago.66 This case arose under an old inspection law of Maryland 67 which

required tobacco to be packed in hogsheads of a stated dimension,

and these to be weighed, numbered, and marked with the name and

address of the owner. Mr. Justice Blatchford, delivering the opinion

of the court, said : " Fixing the identity and weight of tobacco alleged

to have been grown in the State and thus preserving the reputation

of the article in markets outside of the State, is a legitimate part of

the inspection laws."

conclusion

In conclusion it may be said that while the whole legal field applicable to rules and regulations has not been covered in this paper,

00 See 38 U. S. Stats., ch. 158, p. 1186 ; 41 U. S. Stats., ch. 118, p. 1217, sec. 15 ; and

B. S. Miscellaneous Publication No. 20, Federal and State Laws Relating to Weights and Measures, pp. 20, 147, 167, 214, 291, 364, 403, 609, 751, 837, 847, 888, and 902.

61 Ex parte Dietrich, 149 Calif. 104, 84 Pac. 770.

62 City of Buffalo v. Collins Baking Co., 39 N. Y. App. Div. 432.

03 Jay Burns Baking Co. v. Bryan, 264 U. S. 504.

64 State ex rel. Washington Mill Co. v. Great Northern R. Co., 43 Wash. 658.

65 Ex parte Charles E. Hayden. 147 Calif. 649.

66 Turner v. Maryland, 107 U. S. 38, 51.

67 See sec. 41, act of 1864, ch. 346, as modified by act of 1870, ch. 291.
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 145

enough has been pointed out to warrant the statement that the subject should commend itself to the weights and measures official as one

of no small importance, and that in the preparation of rules and

regulations great care should be taken on every hand to make them

effective in bringing about the desired results, and at the same time to keep them within the scope of authority under which they are promulgated and reasonable in their application.

BEPOBT OF COMMITTEE ON NOMINATIONS, PRESENTED BY WILLIAM F. CLUETT, CHAIRMAN, AND ELECTION OF OFFICERS

Mr. Chairman and delegates, your committee on nominations has

met and presents for your consideration the names of the following

members to act as officers, and members of the executive committee

for the ensuing year

:

Honorary president, S. W. Stratton; president, George K. Burgess; first vice president, Francis Meredith; second vice president,

H. S. Jarrett; secretary, F. S. Holbrook; treasurer, George F. Austin; members of the executive committee, all of the officers ex officio,

M. A. Bridge, W. F. Cluett, H. N. Davis, C. V. Fickett, Thomas

Flahertv, J. H. Folev, William Foster, S. T. Griffith, W. A. Graham,

T. F. Mahonev, E. J. Maroney, I. L. Miller, W. A. Payne, B. W.

Ragland, G. M. Roberts, A. B. Smith, W. F. Steinel, H. A. Webster,

S. H. Wilson.

(Signed) Wm. F. Cluett, Chairman,

Geo. B. Xebinger,

J. Harry Foley,

I. L. Miller,

H. S. Jarrett,

Committee on Nominations.

The Chairman. Gentleman, you have heard the report of the

committee on nominations.

Mr. Schwartz. Mr. Chairman, I move the report of the committee on nominations be received, and that the secretary be directed to

cast the ballot of the conference for the election of the officers nominated.

(The motion was seconded, the question was taken, and the motion was agreed to. Accordingly, the secretary cast the ballot of the conference for

the officers and members of the executive committee, as nominated

by the committee on nominations, and they were declared duly

elected.)

REPORT OF COMMITTEE 03ST RESOLUTIONS, PRESENTED BY ?. D

DUKESHERER, CHAIRMAN

Mr. Chairman and members of the conference, your committee on resolutions offers for your consideration the following resolutions

and moves their adoption

:

SPECIFICATIONS FOE OVERHAULING AND REPAIR OF HEAVY-CAPACITY SCALES Whereas the National Scale Men's Association at its annual meeting held

in Milwaukee, Wis., April 9 to 11, 1929, approved a set of specifications de- veloped by a committee thereof, entitled " Specifications for Overhauling and

74737—29 11
146 BUREAU OF STANDARDS

Repair of Heavy-Capacity Scales," National Scale Men's Association, Bulletin No. It and continued this committee for the purpose of further perfecting

them ; and

Whereas these specifications have been called to the attention of the National

Conference on Weights and Measures by the National Scale Men's Association for any action which may be deemed appropriate at this time: Therefore be it Resolved, That the National Conference on Weights and Measures at its twenty-second meeting held in Washington, D. C, June 4 to 7, 1929, hereby

records its conviction that the National Scale Men's Association has evolved an excellent code of specifications in a new and important field heretofore

neglected; and be it further

Resolved, That we tender our full moral support to the National Scale Men's

Association in any further development work necessary in their endeavor and

through our committee on specifications and tolerances pledge our active cooperation along these lines. SYMPATHY FOB IS'OEMAN L. KNAUSS

Resolved, That the Twenty-second National Conference on Weights and

Measures extends its deepest and sincerest sympathy to our official stenog- rapher, Norman L. Knauss, in his very great bereavement in the recent tragic death by accident of his son, and expresses its very great appreciation to Mr. Knauss for his faithfulness in reporting our meeting in spite of this. RECEPTION BY PRESIDENT HOOVER

Resolved, That the deep appreciation of the Twenty-second National Conference on Weights and Measures be expressed to the Chief Executive of the United States, President Hoover, for his courtesy extended in receiving the members and guests of the conference. ADDRESS OF THE SECRETARY OF COMMERCE

Resolved, That the Twenty-second National Conference on Weights and

Measures expresses its appreciation to the Hon. Robert P. Lamont for his attendance at the conference and his excellent address. APPRECIATION TO PRESIDING OFFICER

Resolved, That the Twenty-second National Conference on Weights and

Measures extend to our president, Doctor Burgess, sincere appreciation for his

interest and guidance in the deliberations of the conference, and we hereby

acknowledge with appreciation the advice and cooperation of our presiding

officer and his able staff who always so willingly tender us their services. APPRECIATION TO THE PRESS

Resolved, That the Twenty-second National Conference on Weights and

Measures express its appreciation to the press of Washington, D. C, for so comprehensively reporting the proceedings of the conference. (Signed) P. D. Duxesherer, Chairman,

H. A. "Webster,

S. B. Shaw,

V. A. Bradley,

W. F. Steixel,

Richard Harding,

W. H. Greex,

Committee on Resolutions.

(As each of the above resolutions was read it was duly adopted.)
TWENTY-SECOND CONFERENCE ON WEIGHTS AND MEASURES 147

REPORT OF THE TREASURER, GEORGE F. AUSTIN

Gentlemen of the conference, I herewith submit my report as treas- urer of the National Conference on Weights and Measures for the

year ending June 3, 1929

:

Receipts

:

Balance on hand May 21, 1928 Received through fees from delegates.

Received account of interest Total receipts

Disbursements

:

Flowers in memory of Mr. FischerFees, two messengers, at $5

Cigars for reporter and guards

Candy for stenographers

Delegates and guests' cards Receipt blanks

Total disbursements

Balance on hand June 3, 1929 Respectfully submitted.

(Signed)

$222. 55 129.00

4. 44

355. 99

$10. 00

10. 00

15.00

8.00 5.00

1. 75

49. 75

$306. 24 Geo. F. Austin, Treasurer. Mr. Miller. I move the adoption of the report.

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

ANNOUNCEMENTS AND MOTIONS

Mr. Holbrook. I would like to advise the conference that inasmuch as this meeting is being held after Memorial Day I took the same steps this year as have been taken formerly in relation to the

decoration of Mr. Fischer's grave in Arlington Cemetery. Mr.

Smith and I went over there the day before Memorial Day and

placed a wreath on Mr. Fischer's grave. I have a note from Mrs.

Fischer which states her very great appreciation of that token of the

affection of the conference for its former secretary.

The Chairman. Is there any unfinished business ? Mr. Cluett. Mr. Chairman, I move that the secretary of the conference be authorized to make the customary and necessary expenditures incident to this meeting, and to draw upon the treasurer for

the amounts so expended.

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

SUGGESTIONS AS TO PROGRAM AND DATE OF TWENTY-THIRD

CONFERENCE

The Chairman. Is there any new business to come up ? Are there

any suggestions from anyone regarding the program of the twentythird conference? If there are no suggestions at the present time,

the executive committee would be very glad, indeed, to receive from

the members of the conference and others in attendance, any suggestions regarding items to go on the program next year. It is very

important, of course, in making up the program, that the wishes of
148 BUREAU OF STANDARDS

the members of the conference are met. The executive committee,

of course, has the job of putting it into shape, but it is your program.

Mr. Holbrook. Mr. Chairman, I think that under this item it might be well for the members of the conference to express their

feeling in regard to the proper time for the meetings. This conference, as you know, is being held two weeks later than formerly

and that has resulted in a very great saving for some of the dele- gates from the Pacific coast, who were enabled to get reduced tourist rates. While I am on the subject, I would like to make a state- ment somewhat in the nature of an apology, if I may be permitted.

We arranged with the railroads on the validation certificate plan

to secure a fare and a half round-trip rate, provided 150 certificates were turned in to the secretary. The registration at this conference

is certainly not small—it is not a disappointment. I have figures

that show that some 250 people have registered. I would have

supposed that out of that number of people registered we would

certainly have received in excess of 150 certificates. How you men

got down here I do not know—unless, perhaps, you walked. I suggested that to one man the other day and he said that while he did

not walk down, if he did not get that certificate validated he might

have to walk back. Of course, the original announcement was that

the rates would be given only if 150 certificates were received

therefore, we are within the letter of our proposal. We fully ex- pected to get that number but have failed to do so. Therefore, we

announce with regret that you must pay full fare back to your home

towns. We can only say that we exerted our best efforts to save

the delegates some money, but that, unfortunately, we have been

unsuccessful in our endeavor.

Mr. Fuller. Mr. Chairman, I would like to say we appreciate

your setting this conference two weeks later. It made a very material difference in our attendance. We have had very wonderful

weather this year, and I would like to suggest that the setting of

it over until after the 1st of June be continued. I take it from the

experiences here that there will be no objections if the executive committee desires to hold the next conference in the early part of June.

The Chairman. Is there anything else to come up this morning

before we adjourn? If not, I want to thank the members of the

conference for their cooperation and the committees for the very

able and painstaking work they have done. I congratulate the conference on its really great success. I think it has been one of the

very best conferences it has been my pleasure to attend.

If there is nothing further, a motion to adjourn is in order.

(A motion to adjourn was made and seconded, the question was

taken, and the motion was agreed to.)

(Thereupon, at 11.45 o'clock a. m., the Twenty-second National

Conference on Weights and Measures, adjourned sine die.)

o