DEPARTMENT OF COMMERCE

BUREAU OF STANDARDS

S. W. STRATTON j)t Director

Weights and Measures

Eighth Annual Conference

OF REPRESENTATIVES FROM VARIOUS STATES

HELD AT THE BUREAU OF STANDARDS

WASHINGTON. D. C. MAY 14, 15, 16, AND 17. 1913

WASHINGTON

GOVERNMENT PRINTING OFFICE

1914

DEPARTMENT OF COMMERCE

BUREAU OF STANDARDS

S. W. STRATTON ^ Director

Weights and Measures

Eighth Annual Conference

OF REPRESENTATIVES FROM VARIOUS STATES

HELD AT THE BUREAU OF STANDARDS

WASHINGTON. D. C, MAY 14. 15. 16. AND 17, 1913

WASHINGTON

GOVERNMENT PRINTING OFFICE

X914
OFHCERS AND COMMITTEES.

OFFICERS.

President, Dr. S. W. Steatton, Director of the Bureau of Standards, Washington,

D. C. Vice President, Mr. William L. Waldkon, State Superintendent of Weights and

Measures, Trenton, N. J. Secretary, Mr. L. A. Fischer, Chief, Division of Weights and Measures, Bureau of Standards, Washington, D. C. Treasurer, Mr. Chas. C. Neale, State Commissioner of Weights and Measures, St. Paul, Minn.

COMMITTEES.

EXECUTIVE COMMITTEE.

Mr. H. H. Henry, State Commissioner of Weights and Measures, Chester, Vt. Mr. J. T. Willett, Chief State Inspector of Weights and Measures, South Bend, Ind.

Mr. O. Evans Mikesell, County Sealer of Weights and Measures, Washington, Pa. Mr. F. P. Downing, Chief State Inspector of Weights and Measures, Madison, Wis.

Mr. A. W. Rinehart, Chief Inspector of Weights and Measures, Seattle, Wash.

Mr. J. L. Walsh, Commissioner of Weights and Measures, New York, N. Y.

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

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

College, Miss.

COMMITTEE ON TOLERANCES AND SPECIFICATIONS.

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

Washington, D. C. Mr. J. C. Connors, Troy, N. Y.

COMMITTEE ON CONSTITUTION AND BY-LAWS.

Mr. A. W. Rinehart, Chief Inspector of Weights and Measures, Seattle, Wash.

Mr. C. B. WooLLEY, Sealer of Weights and Measures, Boston, Mass. Dr. W. F. Hand, State Chemist, Agricultural and Mechanical College, Agricultural

College, Miss.

2
LIST OF PERSONS WHO ATTENDED THE CONFERENCE.

STATE DELEGATES.

Connecticut T. F. Egan, State Superintendent of Weights and Measures,

Hartford.

District Columbia W. C. Haskell, Superintendent of Weights, Measures, and

Markets, Washington.

Delaware Chas. L. Penny, State Chemist, Newark.

Idaho J. H. Wallis, State Sealer of Weights and Measures, Boise.

Illinois L. G. Metcalp, Illiopolis.

Indiana J. T. Willett, Chief State Inspector of Weights and Measures,

South Bend.

Massachusetts A. S. K. Clark, Acting State Commissioner of Weights and

Measures, Boston.

J. J. CuMMiNGS, State Inspector of Weights and Measures, Boston. Maryland G. A. Donoghue, Chief Inspector of Weights and Measures,

Baltimore.

Minnesota C. C. Neale, State Commissioner of Weights and Measures, St. Paul.

W. E. Thompson, Executive Officer, State Railroad and Warehouse Commission, St. Paul.

R. W. Smith, Deputy State Commissioner of Weights and Measures, St. Paul.

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

Montana A. M. Alderson, Secretary of State, Helena.

New Jersey W. L. Waldron, State Superintendent of Weights and Measures, Trenton. New Mexico W. A. BAYERj^Secretary to Senator T. B. Catron, Washington,

D. C. New Mexico L. P. Martinez, Secretary to Hon. H. B. Fergusson, House of Representatives, Washington, D. C. New York C. E. Keach, Troy.

Ohio S. E. Strode, State Sealer of Weights and Measures, Columbus.

F. C. Albrecht, Chief State Inspector of Weights and Measures,

Columbus.

Pennsylvania Henry Houck, Secretary of Internal Affairs, Harrisburg.

J. Sweeney, Chief of the State Bureau of Standards, Harrisburg.

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

Tennessee T. F. Mahoney, Sealer of Weights and Measures, Chattanooga.

Vermont H. H. Henry, State Commissioner of Weights and Measures,

Chester.

Virginia John W. Richardson, State Superintendent of Weights and

Measures, Richmond.

Washington I. M. Howell, Secretary of State, Olympia.

West Virginia S. B. Montgomery, Kingwood.

B. F. Nern, Parkersburg.

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

Madison.

3
4 LIST OF PERSONS WHO ATTENDED.

CITY DELEGATES.

Baltimore, Md G. A. Donoghue, Chief Inspector of Weights and Measures. John Brendel, Inspector of Weights and Measures. John A. Harffnor, Inspector of Weights and Measures. Joseph Lynch, Sealer of Weights and Measures. Charles Volk, Inspector of Weights and Measures. Charles J. Silverson, Inspector of Weights and Measures.

J. J. Lanshan, ComptroUer'a Department.

Bayonne, N. J H. Mainhard, Superintendent of Weights and Measures.

Boston, Mass C. B. Woollet, Sealer of Weights and Measures.

Bridgeport, Conn D. Kelly, Sealer of Weights and Measures. Cambridge, Mass H. H. Healey, Sealer of Weights and Measures.

Chattanooga, Tenn. .T. E. Mahoney, Sealer of Weights and Measures.

Chicago, 111 P. Zimmer, Inspector of Weights and Measures. W. F. Cluett, Chief Deputy Inspector of Weights and Measures.

Cleveland, Ohio W. Q. Radcliffe, Sealer of Weights and Measures.

Elizabeth, N.J W. J. Bender, Superintendent of Weights and Measures.

Evansville, Ind J. C. Wallenmeyer, City Sealer of Weights and Measures. Grand Rapids, Mich. J. J. Byrne, Sealer of Weights and Measures.

Harrisburg, Pa H. D. Reel, City Sealer of Weights and Measures.

Indianapolis, Ind I. Wulfson, Inspector of Weights and Measures.

Jersey City, N.J... .J. S. Burke, Superintendent of Weights and Measures.

Louisville, Ky J. W. Headley, Inspector of Weights and Measures. McKeesport, Pa N. Leadman, Sealer of Weights and Measures. Milwaukee, Wis W. F. Steinel, Deputy Sealer of Weights and Measures.

Mobile, Ala J. J. Hughes, Inspector of Weights and Measures. Montgomery, Ala H. D. Long, Inspector of Weights and Measures. New Bedford, Mass. .J. H. Ryan, Sealer of Weights and Measures. New Haven, Conn. . .E. J. Maroney, City Sealer of Weights and Measures. New York, N. Y. . . .F. H. Tighe, Deputy Commissioner of Weights and MeasureF.

Petersburg, Va A. S. Johnson, Sealer of Weights and Measures. Richmond, Va T. W. Joseph, Sealer of Weights and Measures. Salem, Mass G. L. Day, Sealer of Weights and Measures.

St. Joseph, Mo E. M. Gn,piN, License Inspector.

Seattle, Wash A. W. Rinehart, Chief Inspector of Weights and Measures.

Somerville, Mass. . . . J. W. Dusseault, Sealer of Weights and Measures. Washington, D. C G. A. Howe, Assistant Sealer of Weights and Measures.

L. S. Schoenthal, Assistant Sealer of Weights and Measures. Waterbury, Conn Chas. A. Fine, Sealer of Weights and Measures.

Worcester, Mass P. Em. Holmberg, Sealer of Weights and Measures.

COUNTY DELEGATES.

Allegheny County,

Pa F. T. Redman, Sealer of Weights and Measures, Braddock.

Cape May County,

N. J D. W. RoDAN, Superintendent of Weights and Measures, Cape

May.

Essex County, N. J.. A. Harris, Superintendent of Weights and Measures, Newark.

Fairfield County,

Conn T. J. Cunningham, Sealer of Weights and Measures, Bridgeport.

Green County, Pa. . .G. A. Ross, Sealer of Weights and Measures, Waynesboro.

Hartford County,

Conn H. K. Young, Sealer of Weights and Measures, Hartford.

Union County, N. J.. A. W. Schwartz, Superintendent of Weights and Measures,

Elizabeth.

Washington County,

Pa O. E. MiKESBLL, Sealer of Weights and Measures.
LIST OF PEESONS WHO ATTENDED. 5

VISITORS.

D. T. AcKERLY Wholesale Grocers' Association. C. L. Alsberg Chief, Bureau of Chemistry, Washington.

A. H. Beckmann Secretary, National Wholesale Grocers' Association, New York

City. A. BoxJSFiELD Chief Engineer, E. & T. Fairbanks Co., St. Johnsbury, Vt. W. Ball Streeter-Amet Weighing & Recording Co., Chicago, 111. A. H. Bryan Bureau of Chemistry, Washington, D. C. R. F. Chatillon John Chatillon & Sons, New York City.

A. H. Chesley Standard Scale & Supply Co., Philadelphia, Pa. R. Coleman Winters-Coleman Scale Co., Chicago, 111. J. C. Connors W. & L. E. Gurley, Troy, N. Y.

W. M. Cross Representing Hon. W. E. Tuttle, M. C. F. Cruikshank Streeter-Amet Weighing & Recording Co., Chicago, 111. J. F. Cruikshank.. .Streeter-Amet Weighing & Recording Co., Chicago, 111. W. F. Daub The Howe Scale Co., New York City. L. D. Davis Supervisor of Scales and Weighing, B. & 0. R. R., Baltimore,

Md.

H. F. Dolan Division of Supplies, Post Office Department.

A. N. DuGGER Tennessee Coal & Iron R. R., Ensley, Ala.

A. W. Epright Scale Inspector, Pennsylvania R. R., Altoona, Pa. H. A Foss Chicago Board of Trade, Chicago, 111. G. C, FuLTz Fairbanks Co., Washington, D. C. B. B. Gordon Pennsylvania R. R., West, Logansport, Ind.

G. GoETz Streeter-Amet Weighing & Recording Co., Chicago, 111. W. W. Graham Toledo Scale Co., Toledo, Ohio.

W. S. Hadd Post Office Department, Washington, D. C. R. J. Hagey Heiu*y Troemner, Philadelphia, Pa.

C. F. Hatmaker Gilbert & Barker Manufacturing Co., Springfield, Mass.

J. Hopkinson Computing Scale Co., Dayton, Ohio.

W. H. HiNMAN American Meter Co., New York City.

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

L. F. Kebler Bureau of Chemistry, Washington, D. C. G. W. Kepler Computing Scale Co., Dayton, Ohio.

D. J. McCarthy Cliicago Great Western R. R., Oelwein, Iowa.

J. R. Meginnis Fairbanks Co., Baltimore, Md.

C. G. MiCHALis Torsion Balance Co., New York City.

D. J. MoYNiHAN, jR.Moneyweight Scale Co., Boston, Mass. E. Ohnell American Kron Scale Co., 39 Cortlandt Street, New York City.

S. B. Peterman. . . .Henry Troemner, Philadelphia, Pa

J. T. RiGGS Santa F6 Railroad, Chicago, 111. R. W. RoMiG The Fairbanks Co., Pittsburgh, Pa. W. T. Saffel Cordley & Hayes, New York City.

A. J. ScHMiTZ Board of Trade, Chicago, 111 W. C. Sherwood Hersey Manufacturing Co., New York City. C. F. Shupp Winters-Coleman Scale Co., Springfield, Ohio.

W. SmoNSSON Kron Scale Co., 198 Broadway, New York City. C. G. Stoody 0. R. I. and P. R. R., Chicago, 111. W. C. Symington. . .Torsion Balance Co., New York City.

J. L. Thebold Toledo Scale Co., Toledo, Ohio.

G. A. TiEL Dover Stamping & Manufacturing Co., Cambridge, Mass. L. M. ToLMAN Department of Agriculture, Washington, D. C.

J. L. Troemner. . . .Henry Troemner, Philadelphia, Pa.

J. H. Warren Chamber of Commerce, Baltimore, Md.

G. I. Waterhouse. .Norfolk & Western R. R., Roanoke, Va. A. G. Zeibel Chicago Great Western R. R., Oelwein, Iowa.

CONTENTS.

First Session (May 14, 1913).

Page.

Opening remarks by Hon. S. W. Stratton, Director of the Bureau of Standards. . 11 Address of welcome by Hon. William C. Redfield, Secretary of Commerce 12 Remarks by Hon. Edwin P. Sweet, Assistant Secretary of Commerce 13

Remarks by the president, Hon. S. W. Stratton 15

Report of the secretary, Mr. L. A. Fischer 15

Report on weights and measures legislation enacted in the United States during

the year, by Mr. F. S. Holbrook 21 Reports of State delegates:

Arizona, Mr. O. N. Creswell 30

Connecticut, Mr. Thomas F. Egan 31

District of Columbia, Mr. W. C. Haskell 31

Idaho, Mr. James H. Wallis 33

Illinois, Mr. Lee G. Metcalf 34

Indiana, Mr. John T. Willett 34

Massachusetts, Mr. A. S. K. Clark 37

Minnesota^ Mr. W. E. Thompson 40

Mississippi, Mr. W. F. Hand 42

New Jersey, Mr. W. L. Waldron 43

New Mexico, Mr. L. P. Martinez 45

New York, Mr. C. E. Keach 45

Ohio, Mr. S. E. Strode 46

Pennsylvania, Mr. J. Sweeney 47 Rhode Island, Mr. W. F. Goodwin 47 Announcement of hearing before the "net weight board" 48

Second Session (Afternoon of May 14, 1913).

Reports of State delegates (continued)

:

Tennessee, Mr. T. F. Mahoney 50

Vermont, Mr. H. H. Henry 50

Virginia, Mr. J. W. Richardson 52

Washington, Mr. I. M. Howell 53

West Virginia, Mr. S. B. Montgomery 54

Wisconsin, Mr. F. P. Downing 55 Reports of city and county delegates:

Montgomery, Ala., Mr. H. D. Long 57 New Haven, Conn., Mr. E. J. Maroney 57 Bridgeport, Conn., Mr. D. Kelly 58

Hartford County, Conn., Mr. H. K. Young 59

Waterbury, Conn., Mr. C. A. Fine 59

Chicago, 111., Mr. W. F. Cluett 60

Indianapolis, Ind., Mr. I. Wulfson 61

Evansville, Ind., Mr. J. C. Wallenmeyer 63

Baltimore, Md., Mr. G. A. Donaghue 66

Boston, Mass., Mr. C. B. Woolley 66

Cambridge, Mass., Mr. H. H. Healey 69

Salem, Mass., Mr. G. L. Day '. 69

Grand Rapids, Mich., Mr. J. J. Byrne 69

St. Joseph, Mo., Mr. E. M. Gilpin 70

7
8 CONTENTS.

Reports of city and county delegates—Continued. Page. Bayonne, N. J. Mr. H. Mainhard 70

Essex County, N. J., Mr. A. Harris 71

Union County, N. J., Mr. A. W. Schwartz. 71

NewYork, N. Y.,Mr. F. H. Tighe 73

Cleveland, Ohio, Mr. W. Q. Badcliff 73

Richmond, Va., Mr. T. W. Joseph 73

Petersburg, Va., Mr. A. S. Johnson 74

Seattle, Wash., Mr. A. W. Rinehart 74

Milwaukee, Wis., Mr. W. F. Steinel 75

Third Session (Morning of Thursday, May 15, 1913).

Announcements 77

Remarks by Mr. Henry Houck, secretary of internal affairs of the State of Pennsylvania 77 Discussion of necessity for civil-service protection for sealers of weights and

measures 77

Appointment of nominating committee 79

Content of container law, by Dr. F. Reichmann, superintendent of weights

and measures. State of New York 79

Federal regulation of weighing and measuring apparatus, by Mr. J. L. Walsh,

commissioner of weights and measures, New York City; read by Mr. F. H.

Tighe 85

Discussion of above paper 89

Testing of dry gas meters, by Mr. M. H. StUlman, assistant physicist, Bureau of Standards 90

Discussion of above paper 105

Uniformity of State laws in weights per bushel of commodities, by Mr. R. W.

Smith, deputy commissioner of weights and measures, State of x>Iinnesota 106

Difference in the amount of a bushel of a commodity when sold by weight and

when sold by measure, by Mr. W. C. Haskell, superintendent of weights, measures, and markets, District of Columbia 109

Discussion of the two preceding papers Ill

Fourth Session (Morning of May 16, 1913).

Motions and committees 117

Testing of water meters, by Mr. W. F. Stutz, assistant physicist. Bureau of Standards 118

Discussion of above paper 123

Design and construction of scales, by Mr. A. Bousfield, chief engineer E. & T. Fairbanks Co 123

Discussion of above paper 132

Notes on scales, by Mr. C. A. Briggs, assistant physicist, Bureau of Standards. . . 135

Discussion of above paper 175

Fifth Session (Afternoon of May 16, 1913).

Announcements 177

Functions of a State sealer, by Mr. H. H. Henry, commissioner of weights and

measures, State of Vermont 177

Testing of capacity measures, by Mr. R. Y. Femer, associate physicist, Bureau

of Standards 181

Discussion of above paper 199

Report of the special committee on resolutions 200

Election of officers 204

Seals and methods of sealing, by Mr. C. C. Neale, commissioner of weights and

measures. State of Minnesota 204

Discussion of above paper 208

Report of committee on tolerances and specifications 209

New business 222

Report of the committee on resolutions 223
CONTENTS. 9

Sixth Session (Moening of May 17, 1913). p^gg

Armouncements 225

Legislation: Proposed amendments and additions to the model State law on

the subject of weights and measures, by Mr. F. S. Holbrook, associate physicist, Bureau of Stannards 225

Discussion on amendments and additions to the model law 228

Office of sergeant at arms abolished 260

Discussion of need for inspection of United States scales 261

Questions and answers 262

Seventh Session (Afternoon of May 17, 1913).

Report of the second special resolutions committee 265

Discussion of resolution to amend report of committee on tolerances and specifications 265

Resolution of thanks to Mr. Caswell 273

Discussion of place, time, and length of sessions of next meeting 273

Adjournment 274

Appendix: Model State law on the subject of weights and measures 275

REPORT OF THE EIGHTH ANNUAL CONFERENCE ON

WEIGHTS AND MEASURES OF THE UNITED STATES.

HELD AT THE BUREAU OF STANDARDS.

WASHINGTON. D. C. MAY 14-17, 1913.

FIRST SESSION (MORNING OF WEDNESDAY. MAY 14. 1913).

The conference was called to order at 10.30 a. m. by the chairman,

Dr. S. W. Stratton, Director of the Bm-eau of Standards.

The Chairman. This is quite a contrast from the first meeting of seven or eight years ago, when I think we had only half a dozen here.

It may be interesting to you to know that this is the first time that we

have used this room, in order to have one large enough for the conference. A great many delegates have not yet arrived. We might

accommodate those now here in the old lecture room, but we feel

that before the conference is over this will not be too large.

The newcomers from various parts of the coimtry can hardly

appreciate the efforts and the drudgery which aU of us have gone

through in getting this movement started throughout the country

and getting people interested; but it has grown and is growing in a

geometrical rather than an arithmetrical ratio, and interest is oeing

taken everywhere. The bureau has been exceedingly fortxmate in

its administrative ofl&cers from the very beginning. Even in the

Treasury Department the Secretaries of the Treasury were always

interested in our work and did everything they coidd to promote it. The Secretaries we have had in the Department of Commerce and

Labor, and especially the last one, whom we all knew very well, and

who always greeted us and had kind words to say, were always

ready to assist us in every way possible. But when the change

came, and it was annomced that we were to have a new Secretary

who was a manufacturer and who had been interested in the questions of pubUc welfare, we were exceedingly dehghted; and again,

when it was announced that our Assistant Secretary, who was,

formerly mayor of the city of Grand Rapids, was also a manufacturer,

we knew we were exceedingly fortunate. I am not going to take

your time, because I want you to meet the Secretary and the Assistant

Secretary, and I want to say to you that from my own experience

with these gentlemen I know that we are going to have all the assist- ance we can possibly have in tliis movement so far as our administrative ofiicers are concerned.

I take great pleasure in introducing to you Secretary Redfield.

11
12 BUREAU OF STANDARDS.

ADDRESS OF WELCOME BY HON. WILLIAM C. REDFIELD, SECRETARY OF COMMERCE.

Dr. Stratton and gentlemen, it is a great satisfaction to me that

this new buUding, and this new room in it, should be for the first

time used for you; and there are special reasons—^not merely reasons

of courtesy, though I admit the force of the reasons of courtesy

why that is so, which I trust to make clear in a few moments.

One of the things in which I take a little pride and which has never

been spoken in pubhc, is the fact that at the second, if it was not the

first— am not quite sure—of the meetiags of the Cabinet imder the

present administration, it was xmderstood without a dissenting

voice among the gentlemen present, that the scientific work of the

Government was to have the cordial and sympathetic support of the

administration from the beginning; and I will ask any of you

who have found any changes made in the scientific positions of the

Government to call attention to it. So far as I know, there have

been none; so far as it lies in my power, there shaU be none for any

political reason. I would like to have it clearly known and emphasized

that the administration beheves in, sympathizes with, and desires

to assist and enlarge the scientific work of the Government, and that

without reserve. There are three reasons why it is a pleasure to welcome you here.

The first is a personal reason. We all feel comphmented—and as head of the Department of Commerce I feel especially comphmented

that so many of you should have come so far for the purpose of

being here. You would not have come unless you thought it was

worth while to come, and in the sense that is in your minds that it is

worth while to be here hes a comphment to us, to Dr. Stratton, and

to his able assistants, that he appreciates, and which 1 on his part

appreciate, and for which I thauK you.

So you are personally welcome—by him, by those who labor with

him, and by me. But that is not all. You are officially welcome.

If I had to describe this institution in a novel, I think 1 should caU it

"The House of Accm-acy," and should say that in it men strove for

truth. Now, truth is a coy damsel. She hides away in the recesses

of her own fastnesses, and only discloses herself to those who are patient and painstaking. Here in this institution men work hours,

days, months, and years to uncover and to discover truth. But

truth when she is discovered has not yet begun to do her work. She

is merely found out. The place where she hides has been seen;

she may be brought out into the light, but she is not yet translated

into terms of usefulness. Her energy has not been translated into

are a means of translation of truth into work. The facts which are here found, the light which is here turned upon nature in her many

phases, needs translators, needs conductors, needs those who will

take it from its source and put it to practical effect. And you are welcome officially here because you are the means of doing

that which otherwise cotdd not be done. You are quite as necessary

in your sphere to the work of the Bm'eau of Standards as the work

of the Bureau of Standards tries to be helpfiil to you in your sphere.

units welcome here because you
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 13

It is a case of pulling together, not of working separately; and I

rejoice, as an official, that this great pubKc institution finds an outlet

into practical doing for its work of introspection, through your able

hands.

Now, having exhausted, you will say, the personal and official

side, I think you may wonder why it is you are still in a third sense welcome; and yet the third sense, gentlemen, is the greatest of all,

and without it the other two would be feeble indeed. You are welcome here socially. Not merely as men, not merely as officers, but

because the work by which you are transforming our labors into

effect in your own official duties is a work that is good for the common weal. Very candidly, this institution would be useless if it discovered useless truth. Very candidly, you would be useless if your

posts were purely sinecures. It is when the truth here found is translated into action of such kind as to lift men up and make life better

that the thing becomes finely worth doing.

Over in the old town of Dedham, in Massachusetts, is a very

ancient society. It is called the Society for the Apprehension of

Horse Thieves. It still exists. It was founded in colonial days,

and an acquaintance of mine joined it a few weeks ago. I said to

Dr. Stratton that your convention here was a sort of "anticrook

society"—that you were here to put a block in the way of men

who would do wrong. And I Hke it the better because the particular kind of crook whom you and we would together aim to block is

he who calmly plays his tricks upon those who otherwise could not

help themselves.

So this great building, supported so cordially by Congress and by

the Executive, and your work and thoughtfulness, coming as far as you do, translate themselves down to this—that Jim's or John's

wife, when she goes to market, gets what she pays for. That is

infinitely worth doing, and it is the valuable thing for which this

institution stands—that through its science and its efforts, and

through your cooperation with it, there should come into the Hfe of

the common man the "square deal."

REMAKES BY HON. EDWIN F. SWEET, ASSISTANT SECRETARY OF

COMMERCE.

I have been very much pleased to see how you have accepted the

ideas advanced by the Secretary of our department. It is hardly

necessary for me to say that all along the line, in every one of the

nine bureaus of this department, we are very proud of our Secretary.

We know that he has a good record. We know that he stands well

throughout the country, and that he is admirably adapted to the

needs of the great Department of Commerce. I am incfined to think

that among aU the good acts thus far performed by President Wilson,

the appointment of Secretary Redfield and Secretary Wilson, of the

Departments of Commerce and of Labor, has been looked upon by

those who know the men and know the needs of the places as peculiarly fitting. Having served with both of these gentlemen m the

Sixty-second Congress and known them as colleagues and known
14 BUREAU OF STANDARDS.

where they stood on public questions, I feel that in spite of the

blushes of the Secretary I can say with all sincerity, and in this

temple dedicated to truth, that that is the truth pure and unadulterated.

I have mentioned the fact that there are nine bureaus in our Department of Commerce. It is comparatively new. As the Department of Commerce it is absolutely new—this is its first year—but as Commerce and Labor it is only 10 years old. The people of the

United States do not realize what an investment they have in this

great department, and I simply want to call your attention to the

fact that of the nine bureaus five of them have direct bearing upon

the saving of human life. Now, the Secretary has referred to John's

wife going to market and getting a square deal, and every one of us

says "Amen." But human life counts for more than dollars. Of

these five bureaus the Bureau of Standards is one, with its investigations as to the strength of building materials that go into structures of all kinds—bridges and everything else —with its investigations of the heat-resisting power of buUding materials, and many

other matters which I will not consider in detail. Contemplate our

hghthouses. Perhaps some of you are not familiar with all these

things that we are doing; but the Hghthouse system of the whole

United States is under one of our bureaus, and is one of those directly

bearing upon the saving of human life. Then, in addition to that we

have the Bureau of Navigation, involving the enforcement of aU the

navigation laws, the carrying of proper appUances for the saving of

human Hfe, the lights required upon ships, and the observance of

navigation rules. An alUed field is the mspection of the hulls of

boats, and the boilers, etc., all of these things bearing directly upon

the saving of human life. Then we have, in addition to the foregoing, the great Bureau of Foreign and Domestic Commerce, which

in its full development means the reaching out from our own country

and the grasping of business from the whole wide world.

I simply want to remind you of these activities and to ask you

to go out as missionaries, telling the people in your locahties about

the great Department of Commerce. Posting yourselves as far as

Eossible, not only upon what we are doing but upon how to get the

enefit yourselves. Consider how your neighbors may get the benefit

of what we are doing, for instance, in the Bm-eau of Corporations, or

in the Bureau of Foreign and Domestic Commerce, by getting the

reports from our consuls all over the world, learning what foreign

countries need, finding how to pack the goods that go to foreign

countries, ascertaining, in a word, how to avail yourselves of the

investment that you are making in this great Department of Commerce. Then let me call your attention to this: Night before last the

Secretary and I both attended—and Dr. Stratton also, and many

others, perhaps, who are here—the peace banquet. It occurred to

me at that banquet in the interest of peace, with the idea in mind

that we are considering now the matter of universal arbitration,

celebrating the peace of a hundred years with England, that the

work of our department in trying to get the manufacturers and the
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 15

business people of our country to reach out and do business with

other countries, and supply their needs, we are doing more than

putting dollars into our own pockets. We are getting rid of the need

of warships, and we are doing more, perhaps, by thus building up a

better acquaintance and a better sentiment and exacting a mutual

reliance of nations upon one another, to promote peace than can be

done by all the banquets and aU the "hot air" in the universe.

REMARKS BY THE PRESIDENT, HON. S. W. STRATTON, DIRECTOR

BUREAU OF STANDARDS.

I notice that the president is down for a few remarks. I will

simply say that the Secretary has said, in the main, what I wanted

to say. For the sake of the new delegates, I would emphasize the

fact that I have pointed out heretofore, and that is that we look upon

this conference as quite as much for our own good as for your good.

As the Secretary as said, the things that we work out here are of no

use unless they are brought to the public, and on the other hand the

people who are in the field, who are on the ground, working out the

practical problems, come in contact with many things that we do

not come in contact with at the bureau.

In the original conception of the conference all of us had in mind

more such a meeting as this wiU be, according to our programs, than

those which have preceded this one. The original plan was for a conference of delegates exchanging ideas with one another, to which

the Bureau of Standards would contribute such technical points as it

might have worked out during the year. We hope that this meeting

will be one of this kind. We soon lound, however, that it was neces- sary to do considerable pioneer work before we could reach this stage.

It was necessary to do a lot of missionary work. One of the first

plans we put into eSect was to secure from Congress an appropriation

for the purpose of making a weights and measures investigation. It

had in view two objects, one the making of our own men famihar

with conditions, and the other and main object was to make the

people themselves in a certain number of the principal cities familiar

with their own conditions.

This investigation was productive of very great and useful results.

It was carried on by the weights and measures division, under Mr.

Fischer, and was successful largely through the efforts of Mr. F. S.

Holbrook, of the bureau, who is to present a paper on legislation

during the past year later in the conference.

REPORT OF THE SECRETARY, MR. L. A. FISCHER, CHIEF, DIVISION

OF "WEIGHTS AND MEASURES, BUREAU OF STANDARDS.

To the members of the National Conference on Weights and

Measures:

Yom* secretary, not having any funds to account for, his report will

deal with such matters as are of general interest to the conference,

and is intended as a survey or recital of what has been done throughout the country in weights and measures by the Federal Government

and by the States during the past year.
16 BUEEAU OF STANDABDS.

I am very happy to state that since our last meeting Congress has

for ahnost the mst time in its history enacted weights and measures

legislation.

The first biU to be passed was " An act to establish a standard barrel

and standard grades for apples when packed in barrels," which was

approved August 3, 1912. This act provides for a penalty of $1 and

costs for each barrel sold under the provisions of the act if the apples

contained in the barrel are not of the standard size, quality, and

variety marked on the label, or if the label indicates that the barrel is a standard barrel and its capacity is less than the capacity prescribed

by the act. This act does not prevent the shipment m interstate commerce of either inferior apples or of apples packed in short barrels if they are not marked so as to bring them under the law. It merely

provides that if apples are sold and marked to conform with the

regulations of the act that they must be packed in the standard

barrel and be of specified quality and size.

The law did not go into effect until July 1, 1913, and as to its

value little can be said at this time. It is expected by the sponsors

of it, the International Apple Shippers' Association, that apples

marked and packed in accordance with the act would be in such

demand that ultimately aU apple growers would be compelled to ship

imder the act. Another act of far-reaching importance is the amendment to the

food and drugs act, which requires that aU food put up in package

form must have the net contents plainly and conspicuously marked

on the outside of the package in terms of weight, measure, or numerical coimt, provided that reasonable variations shall be permitted and

tolerances and exemptions as to small packages shall be established

by rules and regulations made by the Secretary of the Treasury, the

Secretary of Agriculture, and the Secretary of Commerce,

A board representing the three Secretaries is at present engaged

in drawing up the rules and regulations for the enforcement of this

act and has abeady held one hearing and proposes to have other

hearings in New York about the middle of June.

According to the law the Bureau of Standards, through the Secretary of Commerce, will merely have a voice in drawing up rules and

regulations for the enforcement of this particular part of the food

and drugs act, the act as a whole being enforced by the Bureau of

Chemistry of the Department of Agriculture

This law applies only to commodities shipped from one State to

another and does not apply to articles made and sold within the

State. To take care of mtrastate commerce in package goods, the

States should adopt Jaws and regulations similar to the National

Government, although practically all foods put up in package form

are made in one State and shipped to all parts of the cotmtry, and

thus come within the national law.

The net-weight amendment to the food and drugs act was indorsed

by this conference last year, and I believe that its passage was entirely due to the activity of the States in passing weights and measures laws requiring the contents to be stated on the outside of packages. The manufacturers who have been opposed to such a law in
EIGHTH CONFEEENCE OF WEIGHTS AND MEASUKES. 17

the past realized that it was the case of either being regulated by

48 States or being regulated by the Federal Government, and wisely

chose the latter.

A recent decision of the Supreme Court of the United States as to

the right of a State to estabhsh rides and regulations in conflict with

those established by the Federal Government will no doubt be of

great interest to the members of the conference.

The case in substance is that "Karo Corn Sirup," labeled "10 per

cent cane sirup, 90 per cent corn sirup" in accordance with the

requirements of the Federal food and drugs act, was sold in Wisconsin

in conflict with the laws of that State, which require that such mixtures containing glucose in a proportion exceeding 75 per cent by

weight shall be labeled and sold as "Glucose flavored with maple

sirup," "Glucose flavored with sugar-cane sirup," etc., as the case may be; and it was contended by the State that the mixture in

question should have been branded with the words "Glucose flavored

with refiner's sirup."

Quoting from the decision of the Supreme Com-t referred to

It is insisted that the Federal food and drugs act passed under the authority of the

Constitution has taken possession of this field of regulation and that the State act is a

wrongful interference with the exclusive power of Congress over interstate commerce,

in which, it appears the goods in question were shipped. The case presents, among

other questions, the constitutional question whether the State act in permitting the

sale of this article only when labeled according to the State law is open to the objection just indicated.

That Congress has ample power in this connection is no longer open to question.

That body has the right not only to pass laws which shall regulate legitimate commerce among the States and with foreign nations, but has full power to keep the channels of

such commerce free from the transportation of illicit or harmful articles, to make such

as are injiuioua to the public health outlaws of such commerce and to bar them from

the facilities and privileges thereof. Congress may itself determine the means appropriate to this pui'pose, and so long as they do no violence to other provisions of the

Constitution it is itself the judge of the means to be employed in exercising the powers

conferred upon it in this respect.

The question as to what is meant by the word "package" in the

food and drugs act is passed upon in this same decision in the following language:

That the word "package" or its equivalent expression, as used by Congress in sec- tions 7 and 8 [of the food and drugs act] in defining what shall constitute adulteration

and what shall constitute misbranding within the meaning of the act, clearly refers to the immediate container of the article which is intended for consimiption by the public, there can be no question. And it is sufficient, for the decision of these cases, that we consider the extent of the word package as thus used only, and we therefore have

no occasion, and do not attempt, to decide what Congress included in the terms "original unbroken package " as used in the second and tenth sections and "unbroken package " in the third section. Within the limitations of its right to regulate interstate commerce. Congress manifestly is aiming at the contents of the package as it shall reach the consumer, for whose protection the act was primarily passed, and it is the

branding upon the package which contains the article intended for consumption itself which is the subject matter of regulation. Limiting the requirements of the act as to adulteration and misbranding the packages intended to be piurchased by the consumer,

so that the importer, by removing and_ destroying such covering, could prevent the

operation of the law on the imported article yet unsold, would render the act nugatory

and its provisions wholly inadequate to accomplish the purposes for which it was

passed.

28670°—14 2
18 BUREAU OF STANDARDS.

The object of the statute is to prevent the misuse of the fadlities of interstate com- merce in conveying to and placing before the consumer misbranded and adulterated

articles of medicine or food, and in order that its protection may be afforded to those

who are intended to receive its benefits the brands regulated must be upon the packages intended to reach the purchaser. This is the only practical or sensible construction of the act, and, for the reasons we have stated, we think the requirements of the

act as so construed clearly within the powers of Congress over the facilities of interstate

commerce, and such has been the construction generally placed upon the act by the

Federal courts. The court further states that

While these regiilations are within the power of Congress, it by no means follows

that the State is not permitted to make regulations, with a view to the protection of

its people against fraud or imposition. * * *. It is equally well settled that the

State may not, under the gmse of exercising its police power or otherwise, impose

bm^dens upon or discriminate against interstate commerce, nor may it enact legislation in conflict with the statutes of Congress passed for the regulation of the subject,

and if it does, to the extent that the State law interferes with or frustrates the operation of the act of Congress, its provisions must yield to the superior Federal power

given to Congress by the Constitution.

This decision, in substance, is that the States can not adopt regulations which are in conflict with those made or adopted under the

authority of Congress.

A bill of considerable interest to members of this conference is one

introduced in the last session of Congress by Hon. William E. Tuttle,

of New Jersey which, after being favorably reported to the House of

Representatives by the Committee on Coinage, Weights, and Measures, failed of passage. This bUl sought to establish a standard barrel for all dry commodities and to prescribe a penalty for the use of

any other barrel for such commodities. It was framed upon the

assumption that Congress, under the authority given to it by the

Constitution to fix the standard of weight and measiare, had the

authority to prescribe what a standard barrel should be and to enforce

its use. This bill also provided for the half barrel and made it a misdemeanor to sell any dry commodities in and as a barrel unless it was

of the standard prescribed in the law, which was the same as the

dimensions prescribed in the act establishing the barrel for apples

already referred to. Objection to this bill was made by the cranberry interests on the

grounds that the baiTel prescribed in the act was not suitable for shipping cranberries, and that the dimensions of the barrel which they

were using had been fibced by several States. There was also objection on the part of others on the ground that the act did not permit

the use of other size barrels, provided the capacity was marl^ed on

the outside.

In connection with this last-mentioned objection it occurs to me

that the way to establish a standard barrel is to establish it, and not

permit any other containers of whatever dimensions to be called a

barrel. To permit any container to be sold as a barrel merely because

the capacity was marked on the outside would be as logical as to

permit any size measure to be called a bushel provided the capacity

was marked on the outside, or to caU any quantity of coal a ton

provided the true weight were given. A law which would permit

the use of barrels of any size capacity, provided the said capacity is
EIGHTH CONFERENCE OP WEIGHTS AND MEASURES. 19

marked on the outside, would be virtually legalizing short measure

and would result in confusion rather than protection to those purchasing by the barrel. If an individual were to purchase a barrel,

he would be compelled to ascertain its contents and compare its

volume with the standard in order to find out how much he was

paying per barrel. Or, if a merchant were to purchase, say, 100

barrels he would be compelled to note the contents, add them all up,

and divide by the capacity of the standard barrel before he would

know how many barrels he had.

Jk'Ir. Tuttle has reintroduced his bill in the present Congress, and

hopes that as soon as Congress has appointed its committees that hearings will be arranged by the committee.

Another matter of interest to the members and wMch requires

some explanation is the question of post-ofiice scales. Like all other

weights and measures the inspection of these scales has been neglected

although the attention of the department has more than once been

called to the fact that many of the scales were not in good condition.

The recent purchase of a large number of scales for the use of the

Parcel Post Service, which proved to be unsatisfactory, has brought

down upon the department the criticisms of a number of the local

sealers. While little excuse can be ofi^ered for the use of faulty

scales by any branch of the Government, the conditions which prevailed at the time scales for the parcel post were purchased were

peculiar and should be considered. Congress did not pass the parcelf)ost law until the latter part of August, and yet it provided that the

aw should go into effect on January 1. Naturally, it was not imtil

some time in October or November that the question of the neces- sary equipment was decided upon and manufacturers were requested

to submit samples of their product. According to the law the weight

of a package which could be sent by parcel post was limited to 11

pounds, but in order to allow for a possible increase in the weight

at some future time it was deemed advisable by the Post Office

Department to secure scales of at least 20 pounds capacity. No

scale suitable for parcel-post purposes was on the market, and the

principal manufacturers who submitted samples based them upon

the old t37pe of the old post-office pattern. No other types were

siibmitted, and the department was compelled to either accept these or to delay the enforcement of the law. From many points of view

this might have been a good thing to do, but it is, I think, obvious

to everyone that there would have been very great objection to this

on the part of the public. In addition, the outgoing administration

was naturally anxious to inaugurate the Parcel Post System, which

was largely due to the activity of Postmaster Genera;! Hitchcock.

An investigation of the complaints of shippers as to railroad weights

by the Interstate Coramerce Commission, begun about a year ago,

has drawn attention to the desirabiHty of some supervision of railroadtrack scales. In order to secure information that would enable the

Government to draw reliable conclusions as to what shall be done to

guarantee the accuracy of railroad weights, and also for the purpose

of aiding the railroads to install correct scales, the Bureau of Standards secured an appropriation of $25,000 for the purchase of a test-
20 BUREAU OF STANDARDS.

weight car equipment. The contract for this car has abeady been

let, and it is expected that soon after July 1, when the appropriation

becomes available, that the inspection of some of the scales on the

eastern railroads will begin.

The equipment ordered by the bureau wiU differ radically in

principle from any in use. Instead of the wheels, brakes, and other

movable parts of the car constituting part of the standard weight as

is customary, the bureau proposes to carry a series of 10,000-pound

weights and a truck for moving them on the scales, in a specially

designed car provided with a power crane and other accessories for

handling the weights. The advantages of this arrangement is that

the weights may be standardized and transported from one end of

the country to the other with a reasonable assurance that they will

remain constant, whereas, if the running gear is included in the

weight of the test car it would be necessary to verify this weight at

frequent intervals.

After testing a scale with the standard weights the empty car may

then be put on the scale and its weight determined, after which the

weights may be loaded into the car and the scale tested up to the

full capacity of the car plus the standard weights.

We hope at the next conference to have tliis car on exhibition,

and also to give you some results obtained with it. The activity in_ the States reported on at the last meeting has

been continued this year, the foUowing-named States having passed

laws on the subject of weights and measures: Arizona, Caliiornia,

Connecticut, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine,

Massachusetts, Michigan, Minnesota, Montana, Nebraska, New

Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon,

Pennsylvania, South Carolina, Vermont, Virginia, and Washington.

Quite a number of other States considered bills, and the prospects

are encouraging for considerable progress at the next legislative

sessions. The nature of this legislation will be reported upon in

detail by Mr. Holbrook.

A great deal of work has been done in connection with the calling

of the present conference, and efforts have been made to get as many

sealers to attend as possible. The mam reason that has deterred

delegates from attending this and other conferences is the lack of

funds to pay their expenses. To get a delegate appomted is quite

a simple matter compared with that of getting him to attend when

there are no funds to pay his expenses. In order to have some

provision made to defray expenses of State delegates, letters were

Erepared in January of this year to the governors of those States

olding sessions in 1913 and which were not usually represented at the

conference, urging upon them the advisability of securing an appropriation for this purpose. Some little success was had in this direction, but it is a matter which needs to be followed up year after year

imtil aU the States come into line.

Over 2,000 letters and 1,400 announcements were sent out, and

sorely taxed the force available for the weights and measures work.

A special attempt was made this year to induce manufacturers

of aU weighing and measuring apparatus to make an exhibit, and
EIGHTH CONFERENCE OP WEIGHTS AND MEASURES. 21

the coUection in the other end of the building, which has been installed

at considerable expense to the manufacturers, is by far the best we

have ever had.

On the whole, I believe that those of us who are interested in the

subject of weights and measures have every reason to feel satisfied

with the progress that is being made. When you consider that less

than eight years ago there was practically no interest taken in the

subject whatever and that the laws on the statute books were, almost

without exception obsolete and ineflScient, and further that there

was no attempt being made to enforce them, we have every reason to

feel encouraged by this splendid gathering of weights and measures

officials from all parts of the United States. I have no doubt that

this conf erence, which is the largest and most important we have

ever had, will make its influence felt and that further progress will

be reported at our next meeting.

REPORT ON WEIGHTS AND MEASUBES LEGISLATION ENACTED

IN THE UNITED STATES DURING THE YEAR.

By F. S. HoLBROOK, Associate Physicist, Bureau of Standards.

Mr. Chairman and gentlemen, at the last Conference on the

Weights and Measures of the United States it devolved upon me

to report on the legislation which had been passed by the various

States in relation to the subject of weights and measures during the

preceding session of their legislatures. It seemed that it would be

a matter of interest to the present conference to report on the legislation which has been passed from that time to the present in order

to brmg the matter up to date. I have therefore undertaken the

preparation of such a report. This summary wiU include legislation passed last year subsequent to the date of the former report

and that legislation which has been placed upon the statute books

up to the present time this year. This may not include all the

legislation to be expected before the various legislatures adjourn,

since a number of them are still in session. -It may be also that some

minor biQs already passed have not come to our attention, but an

endeavor has been made to cover the entire field as completely and

accurately as is possible.

As in the report presented last year, we will make but little attempt

to point out what we believe to be the strong or weak points of the

laws except in a few special cases. If the matter be of sufficient

interest, the delegates representing the States enacting the legislation will undoubtedly mention the nature of the provisions and they

will be able to talk upon the matter with a more intimate knowledge

than I could hope to nave.

First, then, as to national legislation. Since the meeting of the

conference held last February, Congress has passed two statutes

relating to weights and measures, which are of the greatest interest

and importance to all officials enforcing weights and measures laws.

No detailed notice need be given these acts, however, since they

have already been explained by Mr. Fischer in his report.

The second general division of the report is now to be considered,

i. e., legislation by the States. In the following discussion the States
22 BUREAU OF STANDARDS.

are arranged in alphabetical order. We have, then, to consider the

following:

Arizona has passed a law on the subject of weights and measures,

general id its terms and based directly upon the model law recommended by this conference, many of these sections having been

enacted without material change. The system adopted requires the

appointment of city sealers ift all cities of more than 5,000 population

under the usual supervision of the State inspector. In cities of less

than 5,000 and more than 1,000 population the work of inspection is to be done directly by the State inspector. Communities ofless than

1,000 people do not seem to have been provided for in this law. In

addition to these requirements there are provisions requiring most

package goods to be marked with the net weight of the contents,

regulating the sale of wood, ice, hay, fresh meats, butter, etc. Later

ia the year the State broadened the scope of this law by providing

specifically that the testing of water, gas, and electric meters should

be in charge of the city sealers and the State inspector of weights and

measures. The most unsatisfactory feature of the legislation is that requiring

fees to be collected from those for whom inspections are made.

This provision has been discussed at such length in the past that it seems that nothing need be added at the present time regarding the

undesirability of this feature of the legislation.

The gallon of 282 cubic inches for ale and beer shoiild not have

been established as a standard, since this measure is not recognized

by the United States Government nor by the very great majority of

the States. Neither should the yard standard have been described as "identical with the imperial yard of Great Britain."

California has passed a new weights and measures law imder the

authority granted by paragraph 14, Article XI, of the constitution of

the State, as amended in 1911. The new law provides for a system

of inspection which it was heretofore impossible to establish on account

of constitutional prohibitions, and is a very excellent one. A State

superintendent of weights and measures and one or more deputies

are provided for who are given powers and duties similar to those

recommended in the model law adopted by the national conference.

Each of the counties of the State must appoint a sealer of weights and

measures or, if they do not desire to do so, they must apply to the

State superintendent for the assignment of a State deputy superintendent to perform the acts required by law in the entire territorial

limits of the county, except in cities and towns in which sealers have

been appointed pursuant to law. And every city, town, or city and

coimty may appoint a sealer. Thus, a State-wide inspection of

weights and measures in commercial use is absolutely provided for.

The powers and duties of these officials are similar to those suggested

in the model law and are very satisfactory. Penalties are provided

for keeping or using false or xmsealed apparatus or selling the same

when sealing is possible before sale, disposing of condemned apparatus, selling or offering for sale less than the quantity represented,

etc. Other sections provide for satisfactory standards. As mentioned above, the whole bUl is a most excellent one.
EIGHTH CONPEKENCE OF "WEIGHTS AND MEASURES. 23

Connecticut amended several sections of its weights and measures

law, but the amendments are not of very general mterest,

Idaho passed a law ia relation to this matter at the recent session of

the legislature. This act establishes the customary standards and

materially enlarges the powers and duties of the State sealer of weights

and measures who, by a former act, is the dairy, food, and sanitary

inspector of the State. The present act makes it mandatory for the

State sealer to test and seal or condemn aU apparatus used in the

State. Cities and municipalities are given the power to appoiat

sealers and pass ordiaances not in conflict with the laws of the State.

The remainder of the act specifies the manner of sale of various commodities. Thus, a large mmiber of dry commodities for which a

legal weight is specified must be sold only by weight; berries and

small fruits, when sold in. boxes, must be sold only in those containing

a standard dry quart or dry pint unless information that the boxes

hold less than this amoimt is given to the purchaser and a statement

of the net contents labeled on the box; milk and cream must be sold

in standard-size bottles; pails of lard must be labeled with the net

weight; prints of butter containing less than 16 ounces must be

labeled with the weight; and bread must be sold by weight. A new

penalty section is also enacted.

Indiana introduced a bill to amend the law passed in 1911 and,

after much debate and some amendments, it was finally enacted into

law. One of the principal objects of the bill was to make it mandatory on the counties to appoint sealers of weights and measures, the

original law merely being permissive in its terms. The bill, as originally introduced, required aU counties with over 20,000 population

and all cities of the first and second classes with over 20,000 population to appoint such officials. As finally passed, however, the only

counties required to appoint sealers are those of 50,000 or more population which do not contain a city of the fixst, second, third, or fourth

classes abeady having such an official. As a result of thus increasing

the population requirement, the number of new sealers required to be

appointed was very materially reduced. There are other features of

the bill which are both important and excellent ones; for instance, that

putting city sealers under the the municipal civil-service regulations,

and that requiring all commodities to be sold by weight, measure,

or numerical count rather than in the indefinite manner so common

heretofore. The penalty section was also amended.

Iowa has passed a general law which repeals that part of the old

law relating to the State department of weights and measures and

some other provisions, and enacts substitute sections in their stead,

many of which are based upon the provisions of the model law recommended by this conference. This legislation requires the appointment of a State inspector and a State sealer in the department of

the dairy and food commissioner. The State sealer is given those

powers and duties of our model law which relate to the keeping of the

State standards and the testing and sealing of local standards. The

chief inspector and his assistants are authorized to test and seal or con- demn commercial weights and measures ia use in the State. The

fee system formerly legalized is abolished except for scales of 2,000
24 BUBEAU OF STANDABDS.

pounds capacity or more. Dry commodities for which a legal

weight per bushel has been established may hereafter be sold only by

weight m the absence of a special written agreement, and all other

dry commodities, weighing 10 ounces or more, may be sold only by

standard weight or numerical count, linear measure or surface measure. The sale of coal, bottled milk, and berries is satisfactorily regulated

and penalties are provided for all violations of the provisions of the

act. The sections allowing the appointment of local sealers in counties, cities, and towns have not been repealed or amended.

Kansas passed an amendment to chapter 334 of the session laws of

1911, whicn requires that bales of hay shall be marked and sold by

their correct weights.

Louisiana passed a bill relating to the inspection service in the

city of New Orleans. The system allowing the city inspectors of

weights and measiu*es to keep, as compensation, the fees collected

by them in the performance of their duties is abolished, but the fee

system itself is retained, the collections now being turned into the

city treasury and the two inspectors provided for being salaried men.

The powers and duties of the inspectors are enlarged and the inspection

system appears to have been put upon a somewhat better basis.

Maine passed one general and two special laws on this subject at the

session which recently closed. The general law is in the nature of

amendments to the present statutes of the State, and adds a great

deal to the strength of these laws. The major portion of the changes

are based on sections of the model law recommended by this conference. A berry-box section is also included which req[uires all

boxes for berries holding 1 quart or less to be of the capacities of 1 quart, 1 pint, or one-half pint, standard dry measure. The section

specifying the weights per bushel of commodities has been extensively revised. An act relative to sealing milk bottles and jars

requires these to be of standard capacities, with the usual tolerance

allowance, and contains most of the other provisions of the milkbottle section of the model law.

Massachusetts made several important additions to the statutes on

the subject of weights and measures. In 1912 the list of legal weights

per bushel for fruits and vegetables was amended and amplified and

it was provided that all fruits and vegetables for which a legal weight

was established should be sold only by numerical count or by wei^t,

thus eliminating the use of the dry measure for a very large number

of important commodities. At the present session of the legislature a determined effort was made to nullify this law and to reintroduce

the old method of selling by measure, a biU being introduced to this

effect. This passed the lower house but was defeated in the senate;

so the ground gained has not been lost. The second important

amendment was the passage of a bill making it unlawful to seU any

commodity by any other weight than the net weight of the commodity.

It is believed that the sale of commodities by gross weight can be prevented, regardless of any statement to the contrary, under the terms of

this law. The abuse of charging retailers and consumers for wooden

cores, backsticks, heavy burlap, and paper wrappings, cord, etc., at
EIGHTH CONFEEENCE OF WEIGHTS AND MEASURES. 25

the price of the commodity itself, upon the strength of a statement

upon the invoice or delivery ticket that the delivery is made "gross

weight," may thus be eliminated in this State, by a competent

enforcement of this law. Other bills were also enacted requiring

the measuring by sworn city or town officials of all leather sold by

measure; and the testing and sealing or condemning of all machines

used in the measuring of leather. On account of the very large shoe

maniifacturing industries in this State this subject is of very great

importance here.

Michigan enacted legislation at the last session which was based

directly on the model law recommended by the conference. Some

of the sections were adopted practically intact, while others were

amended in important particulars, these amendments in nearly every

case, however, tending to weaken the original law. The State dairy

and food commissioner is by virtue of his office the State superintendent of weights and measures of the State. His deputy is likewise

deputy State superintendent of weights and measures, and all

inspectors in the dairy and food department are State inspectors of

weights and measures as well. The next important amendment

apparently prevents the confiscation and destruction of incorrect

apparatus. The provision that counties and cities appoint sealers

oi weights and measures is not mandatory, but they may do so ''in

their discretion."

The penalty section has been weakened by requiring that before

conviction it must be proven that short weight or measure has been

"knowingly" sold or offered for sale. The difficulty of proving the

state of a man's mind, even in flagrant cases of fraud, has been discussed so frequently in the past that it does not seem necessary to

comment on this matter at the present time.

Minnesota added several valuable sections to its excellent code of

laws. One section relates to the standardization of boxes used in the

sale of berries by allowing containers of the capacities of 1 quart, 1 pint, and one-half pint or multiples of a quart standard dry measure

only; another provides for better equipment for testing rafiroadtrack scales; another gives the warehouse commission jurisdiction over the track scales used by common carriers and the power to require

the installation of the same; it is still further provided that the warehouse commission may compel raUroads to furnish scales for free

public use in stockyards; and finally, there are general amendments

to the weights and measures law of the State.

Montana amended the law passed by that State in 1911 by repealing the entire law and reenacting it with important changes, and it

appears that the statute has been greatly strengthened and improved

as a result. The county clerks are no longer designated sealers of

weights and measures for their respective counties, but instead the

State sealer is authorized to create weights and measures districts

and appoint weights and measures inspectors therein. The State

sealer is given specific jurisdiction over the track scales of the State;

a net contents of container section is added to the law, as well as a

general net weight provision; and the penalty section has been

strengthened. Auother very important and excellent change is the
26 BUREAU OP STANDARDS.

abolition of the fees formerly required to be collected by the State

sealer of weights and measures and his deputies for the work performed by them.

Nebraska passed at the present session of its legislature a weights

and measures statute which is general in its terms but which fails to

provide a mandatory inspection of all weights and measures in commercial use, although it appears that it is possible to obtain this

object under the terms of the law. The deputy food, drug, and dairy

commissioner is the deputy State sealer and to him and to his assistants is intrusted the State supervision provided for under the act. These officials may test weights and measures, but it does not seem

that they are required to do so. Fees are to be collected for the work

done by them, these fees to be used in the proper enforcement of the

law. No other money is appropriated for this purpose. In the

counties the comity clerks are designated sealers of weights and

measures. They are required to test apparatus only upon request,

although they may do testing work at other times if they so desure.

Cities or municipalities are empowered to establish inspection

services, but are not required to do so. On the whole, it does not

appear that the act is a very satisfactory one, although it may be

considered as a forward step in legislation in this State.

New Hampshire during the present session has thus far passed

only such laws as are entirely local in their nature, but there appears

to be an excellent opportunity for the passage of a general law oefore

the close of the session.

New Jersey has passed several amendments to the excellent law

making it possible to eliminate dealing which, while resialting in false

representations and fraud, coiild not be attacked directly under the

former provisions. Perhaps the most important of these changes is

that standardizing the size of baskets used in the sale of dry commodities. Formerly all kinds of odd sizes were used, and when these

were sold in competition with each other it was very difficult for the

purchaser to buy efficiently, since the amount to be obtained could

not easily be ascertained. It is now made unlawful to manufacture,

use, or oflfer or expose for sale any other baskets than the standard

sizes mentioned in tho act, these sizes being 2, 4, 8, 16, 20, and 32

quarts. Enforcement of this law should result in the elimination of

fraudulent misrepresentations of quantity and assm-e the purchaser

of the quantity received. Another bill gives the weights and measures officials police powers in connection with their work, and this

will assist them very materially in many cases in bringing offenders

of the law to justice. The penalty section has been strengthened

and the procedure to be followed in the arrest and trial of offenders

against the weights and measures statutes has been defined with great

particularity. The magistrate shall hear and determine the gunt or mnocence of persons summoned, in a summary way, and upon conviction a penalty may be enforced by execution against their goods

and bodies without any special order of the court.

New Mexico passed a general law on the subject of weights and

measures designed to establish a State-wide inspection of the weights

already in force in that State
EIGHTH CONFERENCE OF WEIGHTS AND MEASUEES. 27

and measures in commercial use. The law is an inclusive one and

evidently endeavors to cover the entire subject. While it has many

excellent provisions, the machinery provided for enforcement is very

poor and the law also contains many unsatisfactory and indefensible

provisions. The legislation is not based on the model law, but does

seem to have copied provisions from a number of other States. It

may be advisable to mention briefly a few of the sections which we

believe are very poor ones. The only State weights and measures official provided for is the

secretary of state, ex officio, and his only duty appears to be the providing and testing of county standards. The sheriffs of the counties

are designated county weighmasters, these officials being allowed to

appoint deputies to enforce the weights and measures laws. Fees

are to be collected for all work done and these fees are to be kept by

the officials for their own use, no other compensation for the performance of the duties specified being provided. The only State standards

required to be procured and kept are weights of specified sizes,

although in a later section all weights and measures accepted and

used by the Government of the United States at the present time,

except as herein provided," are standardized. The only commercial

apparatus required to be tested and sealed are scales; weights, measures of capacity and length, and measuring apparatus of all kinds

are entirely neglected in this connection. All berries sold in boxes

must be sold in boxes containing a standard liquid quart or hquid

pint, and boxes of all other sizes must be labeled with their net contents. New Mexico has evidently followed the lead of Kansas in this

matter, although such a provision is one of the most regrettable ones which could be included in a State law. It will be readily admitted

by those famihar with the subject that a law containing such provisions as these is a very poor one. New York during the present session added one section to its excellent code of laws. This standardizes the dimensions of 4, 8, and 20

pound baskets for use in the sale of grapes, and provides that grape

baskets of all other sizes must bear a statement of the net quantity

of their contents in terms of weight, measure, or numerical count.

The section of the present code of laws relating to the marking of

bales of hay and straw was strengthened by an amendment. A bill

relating to the testing of all railroad track scales witliin the State

was passed by both houses of the legislature, but failed to become a law

on account of a veto by the governor.

Ohio strengthened the law requiring certain fruits and vegetables

to be sold exclusively by numerical count or weight, and has thereby

made it possible to enforce its provisions competently. In the former

law these commodities might be sold only as mentioned above "imless

by the agreement of aU contracting parties." This phrase made it extremely difficult to obtain convictions even in cases of willful violation of the intent of the law. The amendment requires these special

agreements to be in writing and hereafter it would seem to be an easy

matter to bring all offenders against the sphit of the law to justice.

The section requiring berries and other small fruits to be sold by a

bushel or fractional part thereof has been amended to require the
28 BUBEAU OF STANDAEDS.

subdivision of the bushel to be an aliquot part thereof. The diameters and depths of dry measures have Deen standardized. The State

sealer has been given the power "to make, publish, and enforce such

rules and regulations as may be necessary to the prompt and effective

enforcement of the weights and measures laws of this State." A

special section requiring the testing of the computing part of computing scales has been added; and finally, the word "knowingly" has

been stricken out of the penalty section. All of these amendments

seem to be excellent ones and do much to strengthen the weights and

measures laws of the State of Ohio.

Oregon has passed one general law at the present session of the

legislature which is inclusive in its terms and mandatory in its provisions, and which provides for a State-wide inspection of all weights

and measures in commercial use. The State oiiicer is to be appointed

by the State treasurer and is entitled the deputy State sealer of

weights and measures. He is to exercise a general supervisory control over the inspection of weights and measures in the State, and

may make such investigations of trade and trade customs or practices as he deems necessary, and is empowered to appoint such assistant

aid necessary to place the provisions of the act in practical operation.

Each county is required to appoint a sealer and the cities may do so. These latter officials must seal all apparatus in commercial use at

least once in each year, must prosecute violators of the laws, make

annual reports to the State sealer, etc. Penalties are provided for

using false apparatus, delivering false weight, interfering with the

weights and measures officials, etc. The law relating to the branding of butter sold in rolls, prints, or squares was amended in several particulars. It is now made unlawful to put up any other sizes than 1-potmd and 2-pound packages.

Finally, it is made unlawful to subtract any tare for bags used in the

sale of wheat, potatoes, and some other specified commodities unless

there is a special agreement for the deduction of such tare weight.

The law relating to the inspection of railway-track scales was also

amended.

Pennsylvania has passed only local legislation for Philadelphia thus

far, and I am not certain that this has been signed by the governor as

yet. The legislature is still in session, however, and they may enact a general bill before adjournment, as such a biQ is now imder consideration.

South Carolina passed legislation fixing a standard weight per

bushel for a very large nxunber of dry commodities and also providing for standard barrels for various purposes. It is made unlawful

to sell any of the products mentioned ' except in strict accordance

with the standard weights and measures" so provided, and means of

enforcement and penalties for violations are included in the act.

Vermont amended the law enacted in 1910 in several particulars.

The State department is given specific jurisdiction over the scales

used by common carriers; is empowered to seize, for use as evidence,

commodities, packages, and articles offered for sale in a manner contrary to law ; and is required to pay particular attention to the weights

and measures used in the creameries of the State. The intentional

misrepresentation by the buyer of the amount of commodity pur-
EIGHTH COFFEEBNCE OF "WEIGHTS AND MEASUEES. 29

chased is made a punisliable oflfense; and the section relating to the

legal weights per bushel has been greatly amplified and strengthened.

Virginia has not passed any important legislation on the subject of

weights and measures, but in 1912 this State did pass a bill revising

the number of pounds per bushel required by law for certain specified

commodities.

Washington has enacted legislation providing for a State-wide

inspection of the weights and measures in commercial use, this law

containing most of the provisions of the model law recommended

by this conference. The State inspectors are put in the department

of the secretary of state, this official being made ex officio superintendent of weights and measures. The actual work wiU be taken care of

by a deputy superintendent and one inspector. City sealers are required to be appointed in aU cities of the first class, while in the

counties the auditors are made sealers, ex officio. As in the case of

the State, a deputy sealer is required to be appointed in each county,

having the same powers as the auditor in respect to this act, and

upon these officials will fall the duty of seeing to the enforcement of

the law. In addition to the sections taken from the model law, the

manner of sale of butter, bread, potatoes in sacks, berries in boxes,

coal in sacks, milk and vinegar in Dottles, ice, and wood are provided

for. In regulating the sale of most of the above articles in packages,

standard sizes are specified which do not have to be marked with the

net contents; but when any other size than the standard is packed,

the net contents in terms of weight or measure must be stated on the

outside of the package in plain Engfish words and figures.

An analysis of the above indicates that the Congress of the United

States and the legislatures of at least 25 States have enacted some

laws in relation to the subject of weights and measures during the

year just passed. A number of these statutes are general in their

nature, while others are designed to amplify or improve the provisions

of laws already in force.

The long fight for a law making it compulsory to label original

packages with the net quantity of the commodity contained therein

has, in the case of foods at any rate, been brought to a successful

conclusion by the passage of this law by the Congress of the United

States; and the probability of national legislation on those phases

of the general suoject of weights and measures, which can be more

equitably regulated by the action of the National Government than

by the individual accompHshments of each of the 48 States, has

been greatly increased by the precedent established by the passage

A large numoer of the State laws passed are based, in whole or in

part, on the model law adopted and recommended to the States by

this conference two years ago. Also a very great majority of the laws

are excellent ones, weU adapted to improve the condition of the

apparatus in commercial use as well as to eUmiaate fraudulent practices in commercial deahng. Thus, it may weU be said that much

ground has been gained in the crusade for honest weights and measures and that that uniformity of law so much to be desired, and yet

heretofore so little in evidence, is rapidly being attained.

I thank you, gentlemen.
30 BUREAU OF STANDABDS.

REPORTS OF STATE DELEGATES.

ARIZONA.^

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

Mr. Chairman and gentlemen, I was appointed by the Hon. G. W.

P. Hunt, governor of the State of Arizona, as a delegate to the Eighth

Annual Conference of State Sealers, but owin^ to the heavy expense

that our department has had by reason of its initial organization

it is impossible for me to attend this conference, and I take this means

of letting the delegates know what progress the State of Arizona is

making on the very important question of weights and measures. The act creating the office of State inspector and city sealers of

weights and measures, defining the powers and duties of such inspector and city sealers, etc., was passed by the first legislature of

the State of Arizona, and was approved by the governor on the 28th

day of May, 1912. The act is taken from the model law adopted by

the sixth annual conference. I wish to say in this connection that

the complete and thorough investigation made by the Bureau of

Standards in the year 1911 was the cause of the present law being

enacted. Further, I wish to add that the weights and measures

law was introduced in our legislature by Hon. J. T. Hughes, State

senator of Pima County, and the creation of this department and the

able provisions of our law are due to the great work and the keen

interest of Senator Hughes on this subject.

Our law gives the State inspector general supervision of the city

sealers of the State, and also he is required to make inspections in all

towns and cities of from 1,000 to 5,000 population. In towns and

cities over 5,000 population there are city sealers who are appointed

by the common councils of such cities.

Owing to the fact that in Arizona we have the referendum, the

law as passed by the legislature did not become operative untU

August 16, 1912. We were further delayed in securmg the State

standards and really did not begia to make inspections untU January,

1913. Our law is giving general satisfaction throughout the State,

and all the cities entitled to have city sealers have organized their

departments, with only one exception.

Our legislature is in session at this writing and this office has a

bill now pending which will increase the jurisdiction of the State

inspector and also broaden the scope of our present law. From

indications at this time it is very hkely that the bill will become a law at this session.

In addition to the weights and measures provisions of our law, the

State inspector and the city sealers are also required to test and inspect all gas, water, and electric meters in their jurisdictions, being

in this work under the direction and supervision of the corporation

commission.

The people of Arizona are coming to realize the need of a proper

supervision of weights and measures, and we feel sure that when our

law has been in operation for a period of one year, that the citizens

1 Submitted by mail.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 31

of this State will appreciate the many advantages of having such

legislation.

I wish in this connection to express my sincere thanks to the

Bureau of Standards for the great assistance rendered us in the

organization of our department, as well as for their initial work of

inspection, which really caused our law to be enacted.

I assure you of my smcere regret in not being able to be present at

this conference and extend very best wishes for a successful meeting.

CONNECTICUT.

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

Mr. President and fellow delegates, many of you will recall that a year ago I reported that our legislature had neglected to make an

appropriation for the State bureau sufficient to carry out fully the

provisions of the law enacted in 1911. We have, however, done all

that we could in our State; that is, our department has encouraged

the appointment of county and city sealers. In our State there are

eight coimties, and there have been five county sealers appointed.

In three counties they have delayed making appointments because

they were not fully informed or decided as to how the county sealer

should be paid. That matter has been taken care of in the present

legislature by law, in a very few words, providing that the county

sealer's salary shall be paid by the county treasurer on order of the

coimty commissioners.

Our State branch of the weights and measures department has not

done a great deal, because of the lack of funds. However, we have

had our standards returned from the bureau here, and attended to

those of the county and city sealers that were sent to be standardized.

The county sealers in five counties have been very active and effi- cient; also in all the cities where appointment is required, namely,

Hartford, New Haven, New Britain, Waterbury, Stamford, Bridgeport, and Meriden.

There is not much that I can say that will be of interest to the delegates assembled here, except that we have at the present time amendments to the law of 1911 which will, I believe, provide the State

department with sufficient funds to carry out fully the requirements

of the law, and to give encouragement to county and city sealers for a full carrying out of the work contemplated in your model law.

There are delegates here from three counties, I befieve, in our State,

and four cities. They probably would like to be heard from later on,

and I should like to hear from them. They are all very active and

efficient officials.

DISTRICT OF COLUMBIA.

By W. C. Haskell, Superintendent of Weights, Measures, and Markets.

Mr. President and gentlemen, as many of the delegates are famUiar

with the laws governing the weights and measures division of the

department of weights, measures, and markets for the District of

Columbia, I think perhaps a brief outline of the work accomplished

will be of interest.
32 BUREAU OF STANDAEDS.

For the past 14 years the District of Columbia has enforced a rigid

inspection of the weights and measures and has investigated the manner of sale of aU commodities, so that conditions here should be better

than in cities where weights and measures laws have more recently

been adopted and enforced. Previous to that time, although the

laws were operative, the office was without assistants and the neces- sary equipment for the thorough inspection which should have been

made. At the present time we are handicapped because the force is

not large enough to take care of the business with the promptness

which should be given to requests for inspections and to the investigations of short weight and measure complaints. The officials have

had during most of said period the cooperation of the honest dealers

and associations interested in having for members only those whose

business methods are honest. Honest dealers have nothing to fear

from the inspection of weights and measures. Our experience has

demonstrated, however, that rigid inspections and the greatest vigilance are necessary on the part of the office to keep some dealers

honest and that there will always be this class of dealers willing to

take the chance of defrauding for their own gain. It is the purpose

of the office to establish, beyond doubt, intent to defraud or gross

carelessness before making any arrests for violations of the weights

and measures law.

During the spring and summer months the office gives special

attention to aU dealers in ice, large or small, and whue there wiU

always be some imscrupulous dealers who will endeavor to give short

weight with close vigilance we hope to decrease the number to a minimum. It is our custom every spring to post notices at the

different stations where dealers are supphed with ice, informing the

dealers of the date and time the inspectors wiU be there for the purpose of inspecting and testing scales used on ice wagons. The hours

are fixed to suit the convenience of the dealers at the several stations,

and they are given the choice of having their scales tested there or

of bringing them to the office. After a reasonable time limit those

who have failed to respond to the notices and who are found using

scales which have not been sealed are arrested for violation of the

weights and measures law.

Over 400 wagon scales were inspected during the past year. Where

new scales are to be installed, we advise that only a concrete and steel

foundation be used, as timber soon decays and allows the scales to

settle in places, causing them to get out of level, and a faulty scale is

the consequence. Our coal dealers are reahzing the necessity for

installing scales of modern type and do not now consider the cost of

scale or foundation when replacing their old ones, and we are pleased

to say that this is being done to a considerable extent, which relieves our responsibility very much. Coal carts are taken up on the streets

and coal reweigned by the assistants, and it may mterest you to

know that of about 60 loads of coal so taken up last year, for verification of weight, only 3 were found short and these were less than

20 pounds each, the loads generally running from 15 to 60 pounds

overweight. Most of our trouble is experienced with the peddlers or

coal hucksters who sell coal by the bushel- The merchants who are
EIGHTH CONFEEENCE OF WEIGHTS AND MEASURES. 33

in regtilar business are generally honest and anxious to have their

scales correct and to sell full weight. The assistant sealers have

made several important arrests of drivers who were found stealing

coal that they were sent to dehver. It is the practice of the office to

watch the carts or wagons from the time they leave the dealers' yard

imtil the place of delivery is reached to prevent the arrest of any

dealer for short weight due to theft on the part of a driver,

I will quote the following from our last annual report:

During the fiscal year ended June 30, 1912, there were 22,292 inspections of scales,

weights, and measures which were sealed and fees amounting to $6,598.86 were col- lected; 428 scales and measures were condemned and destroyed; 379 scales condemned

for repair; 219 inspections upon request and within the time limit, for which no fees were collected" 390 inspections for the United States Government and 178 for the District of Columbia, a total of 23,886 inspections for the year exclusive of the number

of milk bottles and paper ice-cream measures inspected. During the year 23 cases were presented to the police court for prosecution for violation of the weights and

measures law, and fines to the amount of $553 imposed, a decrease of 54 in the number of cases presented the preceding year. One iceman was sentenced to 30 days in

jail in each of 3 cases, upon his failure to pay a fine of $150 imposed by the court. During the past eight years 506 cases have been prosecuted and the total fines for said

period amounted to $6,279.

The general improvement in the condition of the scales, weights, and measures in

use in the District of Coliunbia^ and in the decrease in the number of cases presented

to the police court for prosecution, indicates that the piu'chasiug public now receives more nearly what it pays for than it ever did.

On the annual inspection of dairies conditions were found to be better than in pre- vious years, manufacturers of milk bottles apparently using care that the bottles for this city should measure up to the standard in capacity. Eighty dairies were visited,

in only five of which short bottles were found. Out of a total of more than 500,000

milk bottles inspected 5,812 were seized and destroyed.

The use of short boxes in the sale of ice cream has been practically overcome, and

this work means the supervision of about 2,000,000 paper ice-cream measures used

annually in the District. Investigations of short-weight ice complaints consumed considerable time and most

of these cases required investigation in the very early morning hours.

Out of approximately 750 spring-balance scales inspected on the semiannual inspection of the scales in use in the several markets in the District only 10 were considered

faulty to the extent of being condemned and seized.

We are of the opinion that we have a very complete, simple, and

condensed method of keeping records, which is very important for

the protection of the officials as well as the pubhc.

IDAHO.

By James H. Wallts, State Sealer of Weights and Measures.

I would Uke to say, gentlemen of the convention, that we have

made distinct progress in the matter of weights and measures in

Idaho. Our last legislature, which adjourned in March, reenacted our

weights and measures law that was vetoed by the governor two years

ago, and we now have a complete weights and measures law on our

statute books, which provides pretty much the same as the State of

Washington. It gives us a legal bushel for about 40 commodities,

and requires the net weight to be labeled on all packages of foods

lard, bread, berries, milk, butter, and other things like that.

We have elaborate quarters in our new State capitol building which

has just been completed, and when I left we were setting up the stand28670°—14 3
34 BUBEAU OF STANDABDS.

ards which we had received from the Bureau here, who had kindly

repaired and readjusted them. We have increased appropriations, an

increased number of deputies, and increased powers with regard to city

inspection, and altogether I feel that the people of Idaho should be

proud of the protection they have received from the legislature in the

way of weights and measures legislation.

ILLINOIS.

By Lee G. Metcaif, President oj State Grain Dealers^ Association.

Mr. President, and gentlemen of the conference, I do not know that I

have anything to report. This business is aU new to me, in a way.

I did not receive notice of appointment as a delegate until recently,

and I have not had much time to prepare. I want to say, however,

that I do not beheve Illinois is taking the steps, along the lines suggested by this conference, that it ought to take ; but I want to say to you

now that we have a very live, energetic, progressive secretary of state

in Illinois, Mr. Woods, vfho by virtue of his office is State sealer, and in a

conference with him before I came here he indicated that when I

returned home from this conference we woixld get together and try to

do something along the lines suggested by you gentlemen. I am

more particiuarly interested, in our State, in the grain business,

being president of the State Grain Dealers' Association of Illinois, one

of the largest and most progressive organizations in that State. Two

years ago, Mr. President, we established an official scale-testing department, and have a man employed to look after the scales in the

State that weigh grain and hay. I think this move is perhaps in

harmony with what you gentlemen are trying to do, and I want to say

that that has been a great success, even beyond our most sanguine

expectations.

Now, I do not know that I have anything else to report this morning, and I can assure you that it shall be my purpose, upon my return

to the State of Illinois, to make use of the ideas and suggestions of

this conference, with the hope that we can have more adequate laws

there governing weights and measures. I thank you.

INDIANA.

By John T. Willett, Chief Inspector of Weights and Measures.

Mr. President and delegates, for a long time Indiana has been

notably backward so far as legislation on weights and measures is

concerned. However, Indiana has had a law which provided for the

estabUshing and maintaining of city departments of weights and

measures, but only a few of the larger cities availed themselves of

this opportunity to protect themselves. Consequently the law was

of very little benefit. With the exception of a few city departments

which were fairly well organized, the work was done very indiflFerently.

Reahzing the necessity of a law that would be of greater benefit to

the general bujing public, and as conditions had become so bad, a law

was drafted in 1911 and presented to the legislature, and the only
EIGHTH CONFERENCE OP WEIGHTS AND MEASURES. 35

way by wbich the law could be properly enforced was by establishing

a State department of weights and measures. After some very

drastic work and after a number of amendments had been added to

the bill, it was finally passed and signed by Gov. Thomas K. Marshall,

March 6, 1911.

Now, having the law passed, the next thing was to establish the

department. The law did not provide by appropriation any funds

for the purchase of equipment or to pay inspectors' expenses to enforce

the law, so it was necessary to purchase equipments out of the State

food and drug department's appropriation.

The State food and drug commissioner, H. E. Barnard, by virtue

of the law, became commissioner of weights and measures and it

became bis duty to see that the law was enforced, but without funds

the work could not be pressed very rapidly. At the time the law

became effective I was with the State food and drug department,

and having had some eight years experience as inspector of weights

and measures at South Bend, the work of enforcuig the law was

given to me.

One of the first acts was to have all the city and county equipments brought or sent to the State department to be tested and verified by the State standard; and some very interesting weights were

brought in, some being as much as one-half ounce either heavy or

light. After having tested all of the equipments and approved and

sealed those parts that were correct and condemned those parts that

were incorrect, and after advising the purchase of parts to replace

those condenmed, the city and county departments lor the first time

in the history of the State had standard equipments which they

could take into court and to whose correctness they could testify.

In some respects our law is very different from that of other States.

While the city and county inspectors are appointed and paid by the

city, or county appointing them, yet they can not serve as inspectors

of weights and measures until they have first passed an examination,

which is given by the State commissioner of weights and measures,

to test their ability to perform satisfactorily the duties of the office.

"While the city and county inspectors perform the duties of inspectors

of weights and measures in their respective cities or counties, yet

should they neglect to perform those duties, the State commissioner

of weights and measures can remove them from office. We feel that

while we have orJy a few inspectors directly connected with the State

department, yet our working force is 25, for aU the city and county

inspectors of weights and measures are deputy inspectors of the State.

A conference of aU the city and county inspectors of weights and

measures was held at Indianapolis during the month of March, 1912,

and at that time the Indiana Sealers' Association was organized.

Through these conferences the relationship between its members

became very much closer and very good results were obtained, and

annually conferences are being held.

Kealiaing the importance of having the uniform standard berry box.

Commissioner Barnard issued a circular letter advising all growers,

buyers, and consumers that only the standard dry quart, pint, and

haif-pint would be permitted to be sold in Indiana; and from this
36 BUBEAU OF STANDABDS.

letter great benefits have been derived by the consumer, for to-day

the standard dry quart, pmt, and half-pint berry boxes are the only

ones being used. To comply with this ruling the largest manufacturers in the State, and others, submitted their berry boxes and

baskets to the State department for its approval, and after some

alterations in the measurements the boxes were finally approved by

this department.

Now, taking up the field work of the State department; during the

months of April, May, and June I personally^ visited about 60 counties, meeting with the mayors and city councils, auditors, and county

commissioners, endeavoring to interest them in the appointment of

inspectors of weights and measures. While aU agreed that such an

office Was necessary, yet they did not feel that they would be justified

in expending the money to maintain the office, but they are fast becoming aware of the fact that such an office is the only protection

which the poor man can have against the dishonest merchant. Now,

realizing that the city and county authorities would not appoint an

inspector of weights and measures while the law was not mandatory,

Commissioner Barnard, Isidor WuKson, and myself drafted the bill

presented to the last legislature, making it compulsory in counties of

20,000 population or more to appoint and maintain a county inspector

of weights and measures. This was later amended to read 50,000

population instead of 20,000 population. The law also makes it mandatory in the case of cities of the first and second classes to appoint and

maintain a weights and measures department, and places the inspector under the law which governs the pohce and fire departments and

provides that the inspectors can not be removed from office for any

pohtical reason and only when good and sufficient cause has been

presented and a fair trial been given him by the board of public safety.

A number of minor changes were made in the old law, but I speak

only of the more important ones. Among them is section 8, which

provided that all commodities shall be sold by standard weight, measure, or numerical coimt.

Fortunately, the last legislature, seeing the necessity of having

funds to defray the expense of the State department of weights and

measures, appropriated the sum of $5,000 annually for the maintenance of this department, and we hope to accomplish some very good

results this year. AU the counties having a population of 50,000 or more have appointed inspectors of weights and measures and have

purchased the ec[uipments to comply with the law of 1913, and also

a number of cities and coimties which are not compelled by law to

make the appointment have taken advantage of the new law and are creating city and county departments of weights and measures. While our State law may not compare favorably with that of a number of other State laws on weights and measures, and while our second

attempt to improve it has not been as satisfactory as we had hoped,

yet it is much better than the law of 1911, and with good success we

hope in two years hence to have a law on weights and measures that

will be second to none in the United States.

At the present time we are preparing rules and regulations for the

guidance of city and coimty inspectors of weights and measures, and
EIGHTH CONFEKENCE OF WEIGHTS AND MEASUBES. 37

we hope to have them in the hands of the printer as soon as possible

after this conference, as we are waiting to take advantage of any new

rules, regulations, specifications, or tolerances which may be made

by the Bureau of Standards.

MASSACHUSETTS.

By A. S. K. Clark, Acting State Commissioner of Weights and Measures.

Mr. Chairman, I will outline briefly what Massachusetts has done

since we have had a separate State department, as I think perhaps

it may be interesting.

In Massachusetts we have 33 cities and 321 towns. With the ex- ception of 29 cities and towns, mostly towns, the standards furnished

to these cities and towns have been compared by the State department and readjusted to agree with the standards that are furmshed

by the United States Government and which we have had compared

at least two or three times since the department was established. I

think that is one of the most important parts of the work that we

have done; and we have impressed upon the city and town sealers

to be sure that their working sets are kept in agreement with the

standards furnished by the State.

During the past year the State department has prosecuted 181

cases in court, on which we have received $1,380 in fines. The cities

and towns have prosecuted 221 cases, on which the fines amounted

to $2,374, making a total amount received from fines in the State

during the past year of $3,754 on 402 cases. The sealers make their reports to the State department aimually

on November 15. Up to November 15, 1912, they reported 428,000

different articles tested, of which 178,000 were condemned.

As to the laws that have been passed, Mr. Holbrook has covered the

groxmd pretty well, but I will run over these briefly.

In 1912, since your last conference, there was a law passed that re- quired the sale of dry commodities, fruits, and vegetables to be made

by weight rather than by measure. We foimd that to be a very good

law, as in Massachusetts we found dealers selling, say, a peck of potatoes that would vary from 12 J pounds to 15 pounds. Under this present law they are required to give 15 pounds. Take it in the case of

spinach. They would fiU the peck measure, and we could not tell in

making our investigations whether the goods were properly measured

or not, and if they were found short in weight, it would always be

claimed that they were put up by measure. In 1913, during the present session of the legislature, 15 petitions

affecting weights and measures were presented. Of these, eight were

presented by the weights and measures oflSioials of the State; that is,

mcluding the city sealers and the Massachusetts Sealers' Association.

One bill provided that commodities when sold by weight should be

sold by net weight. This bill passed. It met with hardly any opposition in its passage, either in committee or in legislative session, but

since it became a law its scope is being questioned and a test case invited. The attorney general has the matter imder consideration and,

I understand, two city sealers are preparing to bring complaints of
38 BUEEAU OF STANDAKDS.

violations of the law. There were also bills presented to require that

the measurement of leather be imder certain supervision, and to require

the testing and seahng of apparatus used m the measurement of

leather.

A bill was also presented to require the wholesaler of fruits and

vegetables to seU berries in standard-size boxes. At the present time,

it IS claimed that the wholesaler is not responsible for the size of the

baskets in which berries are sold. Such a condition seems hardly fair,

and this year a bill was placed before the legislature asking them to

include the wholesaler, but the only thing we could get out of it was

a resolution to Congress asking that Congress pass a law that would

govern the whole country in that matter.

Among the bills not receiving favorable action, in which the weights

and measures officials were interested, was one on the recommendation of the commissioner of weights and measures to estabhsh a board

of approval for the types of weighing and measuring apparatus that

would be placed on the market. This board was to consist of the

commissioner of weights and measures, the sealer of the city of Boston,

and the sealer of the city of Worcester, but unfortunately the committee decided that no legislation was necessary.

We also had a bill in relation to ice. Under our present law ice may

be weighed upon request of the purchaser. We know very well how diffident a customer is to ask the man to weigh the ice when it is brought

in; so we asked that a bill be passed making it mandatory that the

ice man weigh his ice at the time of delivery. The ice people opposed

this bni very strongly, claiming that the consumer would be obhged

imder such a law to pay 25 per cent more for his ice. The biU passed

the house but was killed in the Senate, on the plea that the consumer

has sufficient protection under the law that says the dealer shall weigh

on request.

In Massachusetts we have no standard sliingle. Probably it is the

same in a large number of States ; and under the law as it now stands,

although we receive numerous complaints, we have no grounds for

prosecuting. We, therefore, asked this year that the shingle be standardized, that is, to know what a shingle is. We also asked that the

bundle of shingles be marked so that the people would know when they

were buying shingles how many slaingles there were in a bundle. At

the present time you will find bundles of shingles with 22 and 23 layers,

some 23 and 24, others 24 and 25; but there is no standard bundle of

shingles. The dealers came before the committee and said we were

disturbing a condition that had been in existence for 50 years, and the

biU finally was amended in such a way as to render it practically useless.The seeds people presented a bill which was passed, establishing

different weights on certain kinds of peas and beans. These weights

were verified by the State department and that bill went through.

They also asked that peas and beans used for seeding purposes be allowed to be put up by dry measure, rather than by weight. That bill

is under consideration at this time.

The peddlers, as has been stated by Mr. Holbrook, are very anxious

to get back to the use of the dry measm-e, and they put in a bUl this
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 39

year to allow them to use dry measures, providing that when they

did so they give the legal weight. We had grave doubts as to what

the outcome of that would be, and ejfforts were made to defeat the

bill. It was defeated in the senate, but when the seeds bill came

up, to allow the seedsmen to put up peas and beans by measure for

seeding purposes, the peddlers tacked on an amendment, and it almost got through; but when it came to the senate the senate refused

to agree with the house, and it is now between the two bodies. The

remaiaiag petitions were of little value to us as weights and measures

ofl&cials, and were all given leave to withdraw.

I feel that you will agree with me that Massachusetts is still alive

to the interests of weights and measures, and although we have not

attained favorable action on all our propositions, yet we feel en- couraged.

We have in Massachusetts an organization of the sealers, a body

which is growing stronger and working more in harmony each year.

The State department has from its inception been working with

these objects in view: The better protection of the citizens of the

Commonwealth; to increase the efficiency of the departments of the

cities and towns where such was a necessity; to see that all the departments were supplied with proper equipment and, so far as possible, to assist IQ securing for tne sealers sufficient remuneration for

the work required of them. We feel that great improvement has

been accomplished during the past six years. The sealer's oflB.ce is no longer, as in the past, considered of minor importance. The

official himself is proua of his calling. At first, some of the city and

town officials showed resentment at what probably appeared to them

to be interference on the part of the State, but to-day virtually all

of the departments are working in harmony and with one object in

view, namely, to better the conditions of trade and to afford protection to all. What we need is uniformity in weights and measures throughout

the United States. I personally look forward to the time when we

shall have national laws to regulate all the States of the Union and

on the same lines. I trust that before long we shall have established

tolerances to govern all weights and measures officials in their work

tolerances that have been derived from scientific investigation.

I thank you, Mr. Chairman, for this opportimity.

The Chairman. Mr. Clark's statement brings to mind one fact,

and that is we should not be discouraged because legislation does not

pass the first time. Legislators are very prone to defer action at least a year. I have heard Members of Congress say time and time again

that very few bills are presented in the right shape the first time.

I remember hearing one chairman of a very important committee

say that he liked to have a bill before the committee at least two

years, and then if the department, or the interests presenting it, did

not change their minds m that time, he was pretty sure it was the

right thing. The great point in this whole matter is that, in presenting legislation that you think ought to be enacted, it brings to the

nund of the legislators the real need for it; they think of it; it keeps

it alive before them; and the fact that a bUl fails to pass is no indication at all that it has not been productive of good.
40 BUBEAU OF STANDARDS,

Mr. Neale (representing Minnesota). Mr. President, inasmuch as

I am on your set program, I would like to yield my short time to Mr.

Thompson, the executive officer for the railway commission, who wUl

be able to tell you something of interest along the line that the

bureau is working on, in securing a master track scale and test cars

for the State of Minnesota.

MINNESOTA.

'By W. E. Thompson^ Representing the State Railroad and Warehouse Commission.

Mr. Chairman and gentlemen, it is a pleasure for me to be here

to-day and to speak to this assembly, not in the capacity of a technical man, but as a representative of the Minnesota Kailroad and

Warehouse Commission, speaking rather in an executive capacity,

particularly as to the difficulties we, in Minnesota, have been finding

for a number of years with the larger weighing machines, or in other

words, the track-scale weighing equipment, provided by the carriers

and by the various industries. Minnesota, I believe, is rather a

pioneer in the matter of State inspection and testing of railroad-track

scales, having enacted chapter 357 of the Laws of 1907, which law

imposed the duty on the Minnesota commission of inspecting and

testing all railroad-track scales in the State. Mr, Neale was the scale

expert for the Minnesota commission* at that time and carried that

work out successfully, devoting his entire time to the raUroad-track

scales, until his advancement to the higher office of commissioner of

weights and measures of the State, by the appointment of the railroad and warehouse commission. Since that time the work of testing

the railroad-track scales has been taken up by other scale experts for

our commission.

We found chaotic conditions during the first part of the five and

one-half years of this work, but these conditions are gradually being

straightened out and we have in our work secured the hearty cooperation of all the carriers in the State in our efforts to secure and assist

in maintaining better weighing facihties.

The carriers at first were a Httle skeptical as to what might be

accomphshed under the requirements of this law. They perhaps

thought that the State was putting a little something over on them.

The law required the duty of inspection and testing to be performed

by the commission's experts and placed the burden of paying the cost

directly upon the carriers.

The commission completed a test of all of the scales in the State,

retesting such as were necessary after the repairs had been made, and

at the conclusion of the year's work determined the actual cost for the

same, and then assessed that cost upon the carriers pro rata per scale.

This was the initial step in this work and since that time we have

had additional legislation and have within the past year adopted

standard specifications, or rather requirements, for the construction

of raUroad-track scales, dealing largely with the foundations for the

equipment, which the carriers are approving and are putting in

to-day; so that our track-scale weighing equipment in Minnesota is

materially better than it has ever been before.
EIGHTH CONFEKEKCE OF WEIGHTS AND MEASURES. 41

At the last session of the legislature, which has just adjourned, two

bills were passed; one was an amendment to an existing law, which

required the free movement of our test cars to any earner's scale or any track scale owned by any industry; and the other, a new law,

provided for the purchase of two new track-scale testing cars and a

master track scale, with a suitable house over it. The commission's

chief engineer prepared the plans and specifications for the two new

cars and we feel that they are models for Minnesota, although they

do not conform exactly to the ideas of the bureau in respect to trackscale testing equipment. Mr. Fischer spoke of the idea of the wear

and tear on the wheelage and the trucks of the cars moving for that

purpose, and while we considered that, and we knew that we would

occasionally have to prove up our testing equipment, we provided

for that in this way: The cars are all steel, with the exception of the

wood running board creosoted, which was put on to comply with the

United States safety appliance act. We put in each car 12,000 pounds

of sealed United States standard 50-pound tests weights in templets

on the floor of the car. These are readily accessible to the scale

inspector in proving any scale or for proving the test car at any time.

The contract for the master track scale was not let before I left

but I expect by this time that it has been let, and that the survey has

been made for its location at Minnesota Transfer, which is a large

shipping point in Minnesota where many of our roads converge.

We feel that Minnesota has taken an advanced step in the last few

years along the line of securing weighing facilities of larger capacity

and more substantial constructions.

I do not know that I could go any further into this without boring

you with details. Suffice it to say that we are glad that the bureau

has taken the stand it has, and we feel that many of these questions, brought out in the hearings of the Interstate Commerce Commission, to which Mr. Fischer referred, one of which I was able to

attend and for which the Minnesota commission prepared a large

amount of data, wiU bear fruit. The data prepared in Minnesota

disclosed the fact that railroad stencUed tare weights on box cars did

not tally with the actual weight of those cars when weighed under

careful strict State supervision, the cars being cut at both ends and

the scales over which the weights were taken carefully inspected by

State men and kept continually correct. We beUeve the net results

of those investigations by the Minnesota commission disclosed the

fact that the carriers, if commodities were carried on the basis of the

stenciled weights, were losing vast amounts of tonnage. Our scale

inspection showed more often that scales were weighing less than

standard, than more than standard, and the results to the carriers

and to the shippers has been materially bettered as this work has

progressed.

We have ia Minnesota many track scale weighing points where

State weights are furnished, and at these points, when the stenciled

weight of a box car does not tally with the actual State weights

taken with the car on the scale, cut at both ends, the stenciled weights

are corrected within a very few hours.

I beheve this is aU, gentlemen, and I thank you.
42 BUBEAU OF STANDARDS.

The Secretary. Mr. Chairman, I would like to say just a word

here because I am afraid we may not have an opportunity to take

up this question again. I do not want to have any one think that

we claim any superiority for our particular car, but our problem is somewhat different from that of a State. In the State of Minnesota

you can have master scales at different points with which to test

your cars frequently, if you see fit; but we may load our car with

these weights and send it out to the far West and it may be gone

six months. If it has to be repaired, we would have to haul it way

back to Washington to get access to the master scale before we

could check it up again. So the problem is somewhat different.

It is up to us to see that the equipment will be constant for a long

period of time and over long jom'neys.

The Chairman. I am very glad, Mr. Fischer has brought out that

point. The bureau must look at some of these questions from a lit- tle different standpoint than that of the States. To my mind one

of the most valuable features of this work will be in the case of States

where nothing has been done, and which are just starting to work.

They must have something in the way of a standard within these

States. And they are welcome to anything that we may have.

There is another phase of the work which I want to point out,

and that is the interstate commerce regulations. There is not any

doubt in my mind but what the actual testing of weights in connection with that will be carried on by this bureau. It would be

very strange if it were not, because it is a function of this bureau;

and we are looking forward to that. This is but an experimental

car, and it will undoubtedly be supplemented very soon by a number

of others. I am pleased to see that there is so much interest taken

in this subject, because it is in a way as important as these other

matters of weights and measures.

MISSISSIPPI.

By W. F. Hand, State Chemist.

Mr. President, I shall have to content myself now with a progress

report. I had the pleasure of attending a conference several years

ago, and, since that time, a good deal of interest has been taken in

the question of weights and measures by the governors of our State.

Gov. Noel, at whose request I came to your sixth conference, was so impressed with the desirability of proper legislation concerning

weights and measures that he made specific recommendations to our

legislature. Our present executive, Gov. Brewer, is also much_interested in the matter, and he asked me to come here with a view of

securing as much information as possible. I feel certain that he wiU

be glad to bring the matter again to the attention of our legislature,

and to impress upon them the necessity of inaugurating in our State a proper system of inspection of weights and measures.

I need not add that I am glad to be here again.

The Chairman. That is the kind of talk we like to hear. I firmly

believe that if we can just get one delegate once from every State in

the Union, we will have all represented thereafter. Lack of repre-
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 43

sentation does not arise from any antipathy to weights and measures;

it is just inertia, pure inertia. There are a great many people in the

States, governors and others, who would be thoroughly enthusiastic

if they could only be brought in contact with the work, and they

will be sooner or later.

NEW JERSEY.

By W. L. Waidkon, State Superintendent of Weights and Measures.

Mr. President and gentlemen, since the conference held here in

February, 1912, I am pleased to report that New Jersey has made

excellent progress in weights and measures work. Legislation has

been enacted calculated to assist and strengthen our department,

and the results attained thus far have proven very gratifying.

One of the most important of our accomplishments last year, I

think, was the formation of a permanent association ot superintendents. The objects of the association are clearly set forth in the preamble to the constitution and by-laws, which I quote:

Whereas, it ia necessary, in order to secure the very best results, to work harmoniously at all times and in all places; and, Whereas, we do all firmly believe in these

principles and in organization; therefore, we do constitute ourselves the New Jersey

Association of Superintendents of Weights and Measures. Every superintendent in the State joined the new organization.

The splendid results of the first year's efforts of the association lead

me to beUeve that the organization will be a power for good. Meetings are held annually. At these gatherings interesting topics are

discussed, city and county superintendents make verbal reports of

their work, needed legislation is considered, different types of apparatus are demonstrated, and a general exchange of views takes place.

Such meetings and such programs are sources of interest and instruction. Our meetings have been largely attended, and all the superintendents have given freely of their time to advance the work of

the association. It is pleasing to have willing workers in any cause;

particularly is this true of our work.

Much of the legislation on weights and measures effective in New

Jersey at this date can be directly traced to the efforts of the superintendents' association. Among the more important laws the asso- ciation has been largely instrumental in having enacted may be cited

the follo^ving:

The law regulating the sizes for sale of milk and cream bottles.

Prior to the passage of the present law o^d sizes were found everywhere throughout New Jersey. This condition no longer obtains.

Only standard sizes are in use and all are marked with a designating

number supplied by our department. Designating numbers enable

us more readily to detect violations of law.

New Jersey for a long time was without effective legislation covering the subject of baskets used for the sale of fruits, berries, and

vegetables. This state of affairs claimed the attention of the superintendents' association, with this result: The legislature, at its last

session, enacted a law which regulates the sizes of baskets and boxes

to be used for the sale of the commodities mentioned. Boxes for

berries and small fruits must hereafter (beginning Nov. 1, 1913) be
44 BUBEAU OF STANDARDS.

of the capacity of 1 pint and 1 quart standard dry measurement;

baskets used for sale of fruits, vegetables, etc., shall be of the

following sizes: 2, 4, 8, 16, 20, and 32 quarts. By this law we abolish

the odd sizes and the consumers of the State will be saved thousands

of dollars.

The butter regulation now operative in New Jersey was first suggested by the superintendents' association. This ruling requires the

marking of net weight of butter on the outside of wrapper or carton.

Superintendents insist upon compliance with ruling. The practice

of weighing in heavy wooden dishes when selling butter and lard has

also been prohibited.

The enactment of the tenure of office act was also brought about

by the efforts of the association. This law provides for the retention in office of city and county superintendents of weights and measures during good behavior. They can not now be removed, discharged, or reduced in pay or position except for inefficiency, incapacity, conduct unbecoming an employee, or other just cause. I

consider this an excellent law, as it has ehminated in New Jersey the

pernicious poHtical influences formerly apparent. Superintendents

now fully reaHze they can best retain their positions by securing

results. And these they have been earnestly striving to secure. The act is already responsible for a great improvement in the work in

New Jersey, and I look for continued improvement. Another good

measure passed on the recommendation of the association provides

for the payment of legitimate expenses, such as transportation,

Hvery, telephone, telegraph, and postal charges, incurred by county

supeiintendents of weights and measures in the performance of their

duties. Boards of chosen freeholders are authorized to pay such

expenses when the bills are itemized and properly sworn to. This brief synopsis of New Jersey laws would not be complete if I did not include two important amendments to our law passed this

year. The first of these features provides that all superintendents

be vested with police privileges. They can, under the provisions of

the amendment, arrest offenders wherever and whenever found.

Formerly it was necessary to procure a warrant before offenders

could be arrested. This addition to the law has already proven its

worth, and I look for it to prove a source of great assistance to superintendents.

The second amendment provides that county superintendents of

weights and measures can bring their cases before any district court

judge or city magistrate in the town, city, or village in which the

offense is committed. In this way the cases can be settled with

greater expediency than ever before. Formerly it was necessary

to bring cases to the notice of the county prosecutor. This plan

resulted in vexatious delays and quite some expense, both of which

have been ehminated by the passage of the amendment referred to

above. It is expected to greatly help superintendents.

The foregoing about concludes our legislative achievements since

the conference here in 1912, but before concluding I wish to draw

attention to two other important accomplishments. The first of these

is the fact that every county in New Jersey has appointed a super-
EIGHTH COISTFERENCE OP WEIGHTS AND MEASURES. 45

intendent of weights and measures. Several of the coimties have

appointed assistants, while all of the municipaUties have weU-organized

and well-equipped departments. The work in the State is carried

on in an exactmg, able manner, and I haven't any hesitancy in stating

that New Jersey at this time is in better condition than ever known

before. Much credit is due the superintendents for their vigilance

and efforts. Our aim is to keep the standards in New Jersey on a high plane; and so far, I am certain we have succeeded.

The other accompHshment worthy of noting here was the large

number of exhibits conducted by city and county superintendents

during the year. Each of the municipaUties and nearly all of the

counties held displays of confiscated weights, measures, baskets,

boxes, etc., and aU were largely attended. Interesting literature

was distributed at these displays, and in this way the future cooperation of housewives was provided for. The superintendents were

constantly on hand at these exhibits, explaining and demonstrating

the uses the confiscated equipment was put to, and these lectures

were attentively listened to. It might be worth noting here that at

one display the State department conducted for one week over

100,000 persons called at the exhibit. Granting that only onequarter—a very mild estimate—of those caUing were impressed by

what they saw and heard, we are confronted with the fact that a

very good sentiment is created. It is surprising the interest that

can be aroused in communities by these displays. I firmly believe

in them and advocate their being held whenever possible. They are a source of considerable benefit to consumer and superintendent

alike.

NEW MEXICO.

By L. p. Martinez.

Mr. President, I have no report to make. I am not officially con- nected with the State, and have been out of the State for over a year

now. I did not even know that New Mexico had enacted any weights

and measures law until Mr. Holbrook spoke about it. I was very

much impressed with the fact that he consumed more time criticising

the laws of my State than he did with any other State, and I trust

the next time an inspector goes down into New Mexico he will be

directed to call upon the officials of the State and impress upon

them the importance of having satisfactory weights and measures

legislation enacted by the State legislature.

That is about all I have to say, Mr. President.

NEW YORK.

By C. E. Reach.

Mr. Chairman, I came here to listen and not to talk. I would

like to request Mr. Rinehart, from Seattle, and also Mr. Steinel, from

Milwaukee, to furnish me, if they will, at some convenient time,

copies of the laws that they have m their States; because I am here

to look after the law question entirely—nothing relating to weights

and measures—and I would make the same request of any of you

gentlemen who may have anything of that character.
46 BUKEATJ OF STANDAEDS.

OHIO.

By S. E. Strode, State Sealer of Weights and Measures.

Mr. Cb-airmari, Ohio is tinique in one way. It is the only State, so far as I know, that elects its State sealer. Now, it is not on the

ticket that way, and I felt as though I had been taken an undue

advantage of when I was elected. They elected me as dauy and

food commissioner, and then later said that by virtue of that office

I was also State sealer. Well, a person might have the qualifications

for a dairy and food coromissioner, and good ones, and yet have none

whatever for the office of State sealer; and yet I can see something

in common between the two. They both deal with food and they

both also deal with a species of unfair and imjust competition.

They have a habit in Ohio, whenever they start new work and do

not want to create a new department, of saddling it upon the dairy

and food commissioner. For example, there has been added the

collection of the Hquor tax, drug inspections, etc. He is a sort of

general trouble maker; and I suppose that is another reason why

they thought the office of State sealer should come tinder his department. I never regarded it as an asset in vote getting—stirring up

trouble, confiscating scales, and prosecuting offenders—but we went

right to work at it, making a rigid enforcement of what laws we had

and could get; and I was very much gratified at the results, although

we lost a great many votes—the first time I think my majority was

8,000, and the next time 136,000.

We found that we had no tools to work with. The legislature

was half through two years ago when we took office, but we began

immediately to get some tools in the shape of laws, and we got a

few, but not very many. We have been able to accomplish a great

deal with the imperfect tools, but we are going to have better tools

now. Mr. Holbrook has told you of how we have been able this last

year to strengthen our weights and measures laws. They gave us about everything we asked for, and the reason they did that was

that they had to do it. We began a campaign throughout the State of

agitation, education, publicity, and press work by weights and measures exhibits, and then also by State conferences. We had a bigger

conference over at Columbus a year ago than the proportions here

have assumed so far, and we had about as good talent there as you

have here. We have a live bunch of fellows over in Ohio. Also we

made importations. From Washington, Mr. Fischer was there, from

Massachusetts we had Mr. Palmer, from New York we had Dr.

Reichmann; and then we had John Connors there. We had a great

meeting. We got into the press. Not only that, but at the centennial we had a weights and measures booth, and we showed the

people how they had been fleeced. We had them there from all over

the State. We helped them in the counties to get up similar chambers

of horrors. And that was discussed last faU in the legislature about

as much as pofitics, and they couldn't do otherwise than do just what

we asked them to do. There is a point for some of you feUows if you want to strengthen your laws.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 47

These laws have not gone into effect yet; it requires 90 days over

there, since we have voted for the initiative and referendum.; unless

they are emergency measures. They ought to have been put in as emergency measures. We have 74 county sealers at work and two years ago we did not

have any. They are worked, too. We have about 20 good city seal- ers at work. We have increased appropriations this year. We have

an extra State man at work, and you are going to hear from Ohio in

time to come on this great work of protecting the common people in

their purchases.

PENNSYLVANIA.

By J. Sweeney, Chief of the State Bureau of Standards.

Mr. President, I do not know that there is very much that I can say

that will be of interest to this conference. We are situated about as Ohio was two years ago. We did not have any inspectors of weights

and measures. To-day we have about 50. The State does no inspecting; that power is vested in the county and city inspectors. The

State really has no jurisdiction over inspectors except to verify the

equipment which they use. We are now making an effort to get some

legislation that wiU improve the present law in. the State. There are two bills pending in the le^slature; one bill is to regulate the sale of

commodities and the other is to give power to and fix the salaries and

tenure of office of the county and city sealers and to provide for the

payment of their expenses. The work that has been done by these

50 sealers throughout the State has been very satisfactory and has

been of great value and protection to the people in their purchases.

RHODE ISLAND.

By W. F. GooDWTN, State Sealer of Weights and Measures.

Mr. President and gentlemen, while Rhode Island has not recently

enacted any legislation or tried to enact any on the subject of weights

and measures, she la enforcing what she has. The reason that no

laws have been advocated by the State sealer and the local sealers of

the State of Rhode Island is that we are waiting for the measures

which are bemg formulated b;^ these conferences to become Federal

laws, so that we may not conflict with anything done by the Federal

Government.

In the State of Rhode Island there is not much enthusiasm shown,

for the simple reason that our legislature is not in harmony with many

of the things that are being done. For instance, this year no appropriation has been made for traveling expenses for my office. You

can imagine a man with an office and with no funds to carry out the

duties of that office. In appealing to the governor and making known

the conditions, I said: "I can not befieve, your honor, that tms thing

has been brought about from a mahcious standpoint; I think it must

be a mistake." But I want to assure the delegates present from the

other States that the office is going to be administered just the same

by the State sealer at his expense. My interest is too great in this
48 BUBEAU OF STANDARDS.

matter to allow it to degenerate ; therefore I am going to take care of

the business, at my own expense, if necessary, and see that the sealing

laws are enforced.

I have been promised by the committee on finance that next year

they will make it up. I do not want any more money than is actually

necessary to carry out the provisions of the sealing laws in the State

of Rhode Island nor do I expect any.

I had a conference with our governor, who is very much interested

in everything pertaining to the best interests of the people of our

State. I am here through his graciousness and good feeling for the

objects of these conferences. He insisted that Rhode Island must be

represented, although he had not himself received any appropriation for this purpose; but through his good feeling and interest in

such things as this, he thought the State ought to be represented, and

he said, "I want you to go." So I am here. I hope and trust that

this present year, with the powers of reform in office, some Federal

laws will be enacted to bring about a uniform weights and measures

law to regulate aU these things that these conferences have been

formulating and advocating. I hope that some legislation wiU be

passed so that it mU not be necessary for the States, individually,

to take this subject up and make laws that are going to conffict

later with Federal legislation that may be enacted; and we are waiting in Rhode Island, Mr. President, for that time to come. I thank

you.

The Chairman. There are four or five more delegates to be heard,

but the hour for adjournment has arrived, and luncheon will be

served, as has been announced already, on the top floor of the west

building at 1 o'clock.

The Secretary. Mr. Chairman, I would Hke to make an announcement. The board, that I mentioned as having charge of formulating

rules and regulations and establishing tolerances for the enforcement

of the food and drugs act, is very anxious to get some information

from the gentlemen present. There are certain questions on which

they want to get information, and I will be glad to read these questions

to you and to say something regarding them later:

First. What are the requirements in your State regarding the method of stating the

weight, measure, and numerical count, and in what terms are they required to be

stated?

Second. Should the required statement be made on the principal label, on a separate label, or, in the case of bottles, blown in the bottle?

Third. In your opinion what tolerances or reasonable variations should be per- mitted? Should these variations be as often above as below the marked weight, measure, or numerical count?

Foirrth. What exemptions, if any, should be made regarding small packages, and

if such exemptions are to be made, why, in your opinion, should they be made?

Fifth. In your opinion will there be any conflict between State laws and the national law; and if so, where, and how can it be avoided?

Now, in order to give the gentlemen present an opportunity to

express themselves on these various points, or to give us an opportunity to hear what they have to say—perhaps that would be a better

way of putting it—we have arranged to have a hearing at the Raleigh

Hotel at 3.30 to-morrow, and those members of the conference who
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 49

would prefer to come down there and give information on these

points rather than come out here will have that opportunity.

We have Dr. Alsberg with us. I do not know wnether he cares to

supplement anything I have said. If he does, we shall be very glad

to have him do so. Dr. Alsberg. I thank you very much. I do not think I have anything further to say. We discussed this matter yesterday—Mr.

Fischer and I and one or two others—and agreed that Mr. Fischer

would make this announcement; and we hope that such of you gentlemen as have information on this subject will give us an opportunity

of acquiring that information, because we want to make recommendations for the regulations in the hght of as much information as it is

possible for us to get. I hope that you will help us in that way tomorrow.

Thereupon, at 12.45 p. m., a recess was taken for luncheon.

28670°—14 4
SECOND SESSION (AFTERNOON OF WEDNESDAY, MAY 14, 1913).

Mr. H. H. Henry presiding.

REPORTS OF STATE DELEGATES (CONTDTCTED),

TENNESSEE.

By T. F. Mahoney, Sealer of Weights and Measures, Chattanooga.

Mr. Chairman and gentlemen, I thank you for extending me the

honor of attending this convention, and I appreciate also the honor

conferred by my State and om- governor and the city of Chattanooga

in sending me here. I did not come here with the purpose of trying

to tell you anything; I came here to learn.

Our weights and measures law in the State of Tennessee is very

weak, but we have a bill pending in the legislature now which will,

if passed, materially remedy our weights and measures law. At the

present time, however, it is difficult to get our legislature together

parb of them are in Middleboro, Ky., and the others are in Tennessee, and we can not do anything with them.

I will read you a little report that I have here, and perhaps before

the convention adjourns I can tell you more:

Measures stamped and tested 873

Measures condemned 188 Scales stamped and tested 551

Scales condemned 125

Arrests made 5 The biggest short-weight case found in our city during 1912-13

was a coal shortage amounting to 580 poimds on a ton and, gentlemen, I want to tell you that I am not through with them yet.

VERMONT.

By H. H. Hbney, State Commissioner of Weights and Measures.

Mr. Chairman and gentlemen, in regard to legislation in the State

of Vermont, I have not a very brilliant report to make, but I think

we have accomplished something in the way Doctor Stratton suggested. We made four attempts at legislation, and laid particular

stress upon the passage of a net container package act—labeling of

packages as to their net contents—and in that we were imsuccessful

but it was really through misfortime, I think, that the bill was lost

a sort of political misfortune—and it seemed to me that the writing

was clearly on the wall, so that I have every reason to believe that two

years from now Vermont wUl have a net container package act.

50
EIGHTH CONFERENCE OF WEIGHTS AND MEASUKES. 51

We also tried to eflfect the passage of legislation in regard to the

measurement of shingles, the same as was attempted in Massachusetts, but we combined with that the measurement of wood and lumber. In Vermont more or less lumber is sold in small quantities

by the small farmer to the limiber merchant. That condition exists

in a few other States. A peculiar thing with regard to the measurement of lumber is that there are something like 40 different rules

for measuring. This presents an exceptionally good opportunity for

fraud, not in the selling but in the buying. The lumber dealer does

the buying from the farmer. You can imagine if a pound of sugar

meant 40 different quantities what an opportunity there would be

for defrauding the customer in selling sugar. That is exactly the situation in the lumber business. But we were unsuccessful in that bUl.

It passed the house by a substantial majority and went to the senate,

and after a confused session, lasting all the afternoon, it was killed.

It would have been recalled the next morning if it had not been the

last week of the session, but on account of pressure of time the vote

to reconsider was lost. But now there is little question but what that

legislation will be effected.

There was enacted a general amendment to the law passed two • years ago estabhshing the department. In many respects I think the

amendment was an improvement. For instance, in looking over the

laws of the different States, I have found that there has been a lack of

protection to the seller where the transaction is based upon the measurement by the purchaser. Most of our laws provide a sufficient penalty for delivering a less quantity than represented, but provide no penalty for a purchaser who misrepresents the amount purchased, even

though he and he only has control of the measurement of the quantity, like this lumber purchasing. That is one example; but there

are many examples; for instance, the tradesman who buys small

quantities of meat from the farmer who has no scale. In that case the merchant usually does the weighing of the meat purchased. I

find that Minnesota has a law which protects that end of it, protects

the selhng as well as the purchasing end. But in many States there

is no such law, and I think that is a great mistake. In Vermont we

had no protection. We had a great many complaints of fraud in the

matter of purchasing, and I had to answer aU these complainants and

say that we could give them no protection. There is now drafted

into our law a provision against fraudulent buying as well as fraudulent selling.

We previously had a provision in our law that we could test commodities which are put up ready for dehvery. That has been

amended by adding the right to seize whatever packages or commodities are found to be sold in violation of the law. That makes the

law of examining those commodities effective where it was not effective before, and we have had occasion to use that right several times

since the law was enacted.

Furthermore, we were given specific jurisdiction over the scales

used by common carriers. Before, under the clause "scales used in

trade," it was rather questionable whether or not we had that

jurisdiction.
52 BUREAU OF STAKDAEDS.

There was also passed a complete and mandatory weight-perbushel law in the State of Vermont, and in which we changed the

weight of a bushel of apples to conform to that in New York, Massachusetts, and New Hampshire, and also our bushel of beans. Formerly we were unique, I think, in having a 62-pound bushel of beans.

We changed that to 60 pounds, and apples from 46 to 48. We have

now a list of 50 commodities, I believe, which have a specific weight

per bushel, whereas before we had 19.

The addition to the work of the department has been mainly in the

testing of cream-test scales, and I was glad to hear that the representative from Wisconsin had taken a big interest in that matter.

That seems to be a matter neglected by the largest class of sealers

throughout the United States, so far as I can learn; but it is really

most important, because a very slight inaccuracy or lack of sensitiveness m a cream-test scale makes a tremendous amount of error in

the resulting calculation. If you multiply that by the days in the

year and the number of people using those cream-test scales, you will

find that the avoidable loss to one party or the other is tremendous.

I have had a few creameries make tests themselves on scales which

were inaccurate and scales which we found to be accurate, and the

two or three creamery men who made these tests—we had nothing to

do with it, because we wanted the tests made by commercial men,

not sealers—figured that in our small State there was a loss, either to

the buyer or the seller of the cream, of something like $200,000 a year.

So it is a work that can not well be neglected, and we have started

that work.

VIEGINIA.

By J. W. Richardson, Superintendent of Weights and Measures.

Mr. Chairman and gentlemen of the conference, I am gratified to

see such a largely increased attendance over that of our first conference, held on January 16 and 17, 1905, when only eight States and

the District of Columbia were represented, there now being present

the representatitves of 21 States and 37 cities and counties, thus

showing the growing interest in the question of uniformity of weights

and measures, and I trust that all the States not represented here

to-day will be at the next meeting.

This being oiu- eighth meeting I hope the conference wiU get right

down to business, and frame something tangible as suggestive of laws

for presentation to the general assemblies of all the States for enactment, looking to the accomplishment of tmiformity and better

methods along all lines touching weights and measures and that will

also appeal to the Congress of the United States.

Having held eight conferences the States which have been regularly sending and paying the expenses of their representatives to

the same will become impatient of this outlay unless, as I have just

said, something tangible is done for the representatives to report.

Awaiting the action of this conference, our general assembly has

taken no cognizance of laws relating to weights and measures except

to amend the law fixing the standard of weights of farm products by
EIGHTH CONFEKENCE OF WEIGHTS AND MEASURES. 53

adding alfalfa and soja beans, etc., products that have been grown

by ovLT farmers only m the past few years.

Thanking you for your attention and hoping that much good work

may be the result of this conference, I shall, for the present, have

nothing more to say.

WASHINGTON.

By I. M. Howell, Secretary of State.

Mr. Chairman, I had not expected to be called upon for any re- marks at this convention. Without wishing to be facetious, we in the

West have experienced tlie result that our delegates who are sent

here to Washington hardly ever get to say anything until they have

been here two or three terms, and then they do not always pay a

great deal of attention to them. However, I consider it a privilege

to be on the floor for a few moments.

The gentleman who addressed you on the subject of the new laws

has covered all the points with reference to Washington, I believe,

with the exception, perhaps, of a union of counties, in cases where

the counties are small in which the law gives an opportunity to combine with other counties and use the same paraphernaUa and the same

man in covering the territory.

I want to say that for the past 12 years I have been the State sealer

of weights and measures in some capacity, but in name only. I, as county auditor of one of the counties, endeavored several times under

the former law to make arrests and enforce the weights and measures

laws, but found that it was impossible to do so under the laws we

then had. When I became secretary of state I took upon myself

the effort to get new legislation through the legislature; and in this

connection I want to comphment the Bureau of Standards for their

efforts along that line. They sent Mr. Holbrook to the State of

Washington and he checked up a number of the cities and found them

in such bad condition that he made a report that interested a number

of our citizens and members of the legislature, and that enabled us

the following year to get a law through one house of the legislature.

That is your uniform bill. The next year we started in a little earher

on it, and it passed both houses and was signed by the governor.

We have an appropriation of $14,000 to run us through the two years.

Knowing that we would meet some opposition in the State to this

law, I endeavored to send out a feeler by writing a letter to all of the

county auditors who are ex officio county sealers and superintendents

of weights and measures under the new law, with a view to finding out

if they wished me to make any purchases for them in getting the

standards and weights dm"itig this trip. I was pleased to receive

replies from some 10 or 12 of them, authoriziug me to purchase their

supplies ; and that, of course, means more counties than the number

indicates, because a number are making unions with other coimties.

So we feel that we are going to have at least some of them with us

in this movement. In those counties which do not take to it kindly I

propose to put the deputies that are in the State department—all of

the county departments are directly under the State department
54 BUREAU OF STANDARDS.

into these counties with pictxire machines and talks to educate the

eople, and bring pressure to bear upon the county commissioners who

ave the hiring of the deputy, to such an extent that they wiU give us

all assistance possible. This is the plan I have outlined and I hope it

will be a success. WEST VIRGINIA.

By S. B. Montgomery.

Mr. Chairman and gentlemen of the conference, last Saturday, at my

hotel in Charleston, I was called to the telephone by our governor, and

he informed me of this conference, told me of its importance to the

people of West Virginia, and asked me if I would come here as a deleate. I told him that I would. On Monday morning his secretary

rought me my commission to the hotel, and as it is very brief I will

read it

Dear Sir: The Eighth Annual Conference on Weights and Measures of the United

States will be held at the Bureau of Standards in the city of Washington on May 14 to 17,

inclusive. It affords me a great deal of pleasure to designate you as a representative

to this conference to represent the State of West Virginia. I regret exceedingly to say

that there are no funds from which to pay your expenses.

I will just say that the governor forgot to mention that when he

called me over the telephone. But knowing that I was a soldier of

the common good, as all good citizens ought to be, he took it for

granted that that would not make any difference; and it does not.

In view of the importance of proper supervision of weights and measures to the people

of every community, it is essential that West Virginia be represented. This letter will serve as your credential for admission and authority to participate in the conference.

Very truly, yours, H. D. Hatfield, Governor. Now, like the gentleman from Illinois, this is a new departure for

me, and I approached the task with fear and trembling, and am somewhat scared yet. I felt very much embarrassed when the roU caU of

States began, and when we received such splendid reports from the

States first called; and at that period of this conference I felt that perhaps I had better slip out while the going was good. But when the

great sister States of Ohio and Pennsylvania, whose splendid citizenship has contributed so much to the young Commonwealth that I

represent, told you gentlemen that they had just begimto enact these

laws two years ago, I felt that West Virginia was safe and could hold

her seat in this conference for a while anyhow.

The governor informed me that West Virginia practically has no

law on weights and measures, but the secretary to the governor,

when he gave me my commission, brought to my attention house

bill No. 65, which was introduced in the legislature which just recently

adjourned. This biU passed the house, but, owing, I think, largely

to a senatorial deadlock which we had in West Virginia, died on the

senate calendar. So far as I know there was no united opposition

to it. I want to leave it here with the secretary, and if we have time

I would like for the experts in this conference to consider this bUl

and see whether it is modeled after your model law or not ; because

the Legislatm-e of West Virginia only meets every two years, and the
EIGHTH CONFERENCE OP WEIGHTS AND MEASURES, 55

session is limited by law to 45 days, so you see we do not have much

opportimity to get any reform legislation ; but we are happy in having

a progressive and talented governor in West Virginia at this time,

and he tells me that he intends to call an extraordinary session of the

legislature some time this fall, probably in October, and he said to

me that he would include this very important question in his caU.

This bill, I see, provides that the director of the physical laboratory

of the West Virgmia University shall, by virtue of his position, be

the superintendent of weights and measures; but it goes ahead and

provides that he can recommend to the governor an assistant supermtendent, who shall be the active field man, and his salary shall be

$1,500 per year. It also provides for an appropriation of $8,000 to

carry on the work, and I notice that it has some very heavy penalties

for the violation of the law.

Mr. Chairman, I am not familiar with this work, but I am sincerely

interested, since I have come here and found you men who are deeply

interested and who understand how vitally this great question goes

into the homes and enters into the high cost of Hving, and I promise

you that I intend to remain silent in my seat and hear from you

experts and consult with the officers of the United States Government here, and get all the data and information that I can; and I

intend to make a thorough and exhaustive report to the governor of

the State of West Virginia, and submit to him the model law which

these experts have drawn, and I assm-e you gentlemen that if it is ever my happy privilege to meet with this conference again. West

Virginia wUl report that she is in the advance in legislation along

this fine.

The Acting Chairman. As I imderstand it, the discussion of that

law had best take place on Saturday morning, at which time Mr.

Holbrook of the Bureau of Standards is to give us a paper on amendments and additions to the model law, and we can take up the discussion of the law at that time.

WISCONSIN.

By F. P. Downing, Chief Inspector of Weights and Measures.

Mr. Chairman, about two years ago Wisconsin was in the same position regarding weights and measures enforcement as West Virginia is

to-day. We had no five department of weights and measures. It

gives me great pleasure to report that we now have a most excellent

law, and, what is better, that we are enforcing the provisions of that

law. I do not mean to say that we are entirely satisfied with the

present State law on weights and measures. We are not. A number

of amendments were introduced at the present session of the legislature which we hope wiU pass.

Under the present law (which is patterned after the model law rec- ommended by the bureau, with various modifications) the State

superintendent not only has supervision over weights and measures,

but the State has to do the actual testing and seahng in all towns

under 5,000 inhabitants. We have no county sealers, but we have

35 city sealers. These sealers are all under civil service, and the
56 BUBEAU OF STANDARDS.

expenses of running the city departments are defrayed by the local

city governments.

With regard to the legislation that we wish to enact, I can say that

we desire the passage of a net-container bill patterned after the law

that recently passed Congress. We want a standard beer barrel for

Wisconsin. As you know, beer is a representative product of Wisconsin. We want the beer barrel to conform with the revenue standard of 31 gallons instead of 31^.

There is one Hne of work that Wisconsin is doing—and Wisconsin is one of the few States doing it—and that work consists of testing creamtest scales and milk and cream test bottles. This testing is done at our ofl&ce at the capitol. We have found a large number of such milk

and cream test bottles to be inaccurately graduated. Now, Wisconsin is not only the beer State, but it is the dairy State. Millions of

dollars are invested in the dairy industry, and if the glassware that is

used is inaccurate, it will mean a great loss to the farmers and creameries of the State. We have been experimenting with different types

of cream-test scales used in the factories of the State, and we find

that the 12-bottle test scale is not sufficiently sensitive for the work

of weighing 9 and 18 gram samples of cream. Great errors creep in.

Of the 35 cities in Wisconsin that have city departments of weights

and measures, about half have adopted the model city ordinance rec- onmiended by the Bureau of Standards. Some of them have gone

even further. There are four of our cities in Wisconsin that have

adopted a sales-sfip clause. I think Fond du Lac was the first city.

Under the provisions of this ordinance aU goods sold by weight or measure must be accompanied with a sales shp, or the package must

be marked to show the actual weight or measure. The ordiaance

reads as follows:

Every package containing commodities sold by weight or measure within the city

of Fond du Lac shall have marked upon it or be accompanied by a sales slip upon

which is marked in plain figures the actual weight or amount of the contents contained

therein, and the seller of any such commodity who fails to comply with the above

provision shall be fined not less than $5 nor more than $100 for each offense. The city sealer of Fond du Lac informs me that since the passage

of this ordinance the ^'trimmings " on meat in his city have decreased

by one-half. It was the pohcy of the butchers to cut off along with

the bone a lot of meat and sell it over again. The passage and

enforcement of this ordinance has put a stop to this practice.

I want to say just one word with regard to the decision of the

United States Supreme Court in the "glucose mixture" case that was

mentioned this morniag. I am extremely sorry that Commissioner

Emery is unable to be here this afternoon to take up that matter with

you. When that decision was handed down it was our first impression that the food department might just as well disband; that

we had no jurisdiction over any of the packages that came into the

State. We consulted the best legal advisors in Wisconsin and we find

that the decision does not go as far as that. We find that the status of

the original package, as we understand it, is exactly the same as it was before this decision was rendered. In other words, that it is not

affected at all. There was one paragraph in the food statutes that
EIGHTH CONFEEBNCE OP WEIGHTS AND MEASUEES. 57

was affected. This paragraph specified that there shall be no other

label on the package but the label demanded by our statutes, which

was "glucose" and not "corn sirup." It was this section that was

in confiict with the Federal regulations. So far as interstate commerce is concerned, under the present Federal regulation, when the

term "corn sirup" appears on a package it must not be obhterated

by any State law; but there is nothing to prevent a State, if it so desires, from having additional labels placed upon the package for the

protection of its people. That is, we can, m addition to the term

"corn sirup," if the legislature sees fit, have the term "glucose"

placed on that label.

REPORTS OF CITY AND COUNTY DELEGATES.

MONTGOMEBT, ALA.

By H. D. Long, Inspector of Weights and Measures.

Gentlemen, I am young on the floor, and only a city sealer. I am

glad to have met these gentlemen, and I am sure, when I get back

home and have a little talk with our people there, we will send a

State representative next time.

NEW HAVEN, CONN.

By E. J. Maroney, Sealer of Weights and Measures.

Mr. President and gentlemen, our chief, Mr. Egan, gave you a brief

synopsis of what the conditions are in our State and cities; and I

think I can say without fear of contradiction that within the last 10

years we have made as great strides in the State of Connecticut as any State in the country. We have working there now the Mann

net-weight package law, which was introduced by Congressman

Mann, of Illinois, in the House at Washington and killed; and in most

of the larger cities we have the model ordinances that were drafted

by this bureau. In addition to that we have also a coal law which

practically aboHshes the ton, and the coal must be sold by the avoirdupois pound; tickets must be made out in duplicate, and when the

sealer demands, must be made in triplicate—-one to the seller, one to

the buyer, and one to the sealer in charge of that particular district.

It does not make any difference whether he is a State, county, or

city sealer.

We also have another local ordinance in my city which compels

aU ice carts and coal wagons to carry a scale, irrespective of whether

they sell by special agreement or not. I mean by "special agreement," for instance, if a woman sticks her head out of the window

and says "Bring me 10 cents' worth of coal," or " 10 cents' worth of

ice," that is a special agreement; but if she says " 25 pounds of coal," or "25 pounds of ice," it must be weighed. So that I think we are

in a pretty fair condition.

As I said before, our chief is modest. There is a biU in the legislature which has gone through both houses, reported favorably by the

committee, and which now needs the governor's signature to have it
58 BUREAU OF STANDABDS.

become a law, wherein he is provided with five extra assistants and

a total appropriation for running his department for two years, I

think, of $52,000. We are a little small as a State, but we are getting

along in first-rate shape, and I think we are what you might cau

progressive, not alone in our State but in our cities. I thank you,

gentlemen.

BRIDGEPORT, CONN.

By D. Kelly, Sealer of Weights and Measures.

Mr. Chairman and gentlemen of the convention, I do not know that

there is very much that I can say at this time which will interest you,

as I am practically a new man in the business. When I entered

upon my term of office last June I found that conditions were very

bad in my city, which has a population of 105,000 people. For

years we have had sealers there, but what they had done nobody

knew anything about. We had a few old battered measures and a few old weights which were never certified as far as I can find out,

and which needed reseaUng badly. Before I took office about $400

had been appropriated for my department for the year, including

office expenses, transportation, and all of the contingent expenses

of the office, which of course was entirely inadequate, but this year

I have succeeded in inducing our board of apportionment, who appropriate the money for the fiscal year, to make a very liberal appropriation for me.

The people of the city seem to take my work with a great deal of

favor. They seem to think it is somethmg that was needed. It is a fact that very few people knew anything about the sealer or his

duties. It was a dead issue, but they are now waking up. I am

receiving all kinds of help from the people of the city of Bridgeport

and I hope that in a short while I shall have a fairly good system

in operation there.

I have had several cases in com-t and obtained convictions in

every single case that I brought up.

At the present time I have a very good equipment—a very good

office equipment in addition to a fair working equipment—and as I say, I have got a fair appropriation and expect to make some

sort of a showing this year.

I do not know that I can say very much in addition to what my

friend Maroney has said. Of coxu^e, Mr. Maroney has been in office a long time and has got his office work in good shape and is more

conversant with the sealer's duties than I am.

In regard to the coal law I wiU say that perhaps he did not state

it just exactly as it is. In regard to this agreement that he speaks of

between the purchaser and the seller, he said that a woman could

put her head out of the window and call for 10 cents' worth of coal.

She can not do anything of the sort. The agreement has to be

written, according to the State law, as I understand it. It is specified

in the statutes that the agreement must be made in writing, and

I think that is all I have to say about that. However, I will say

that I have read the laws of the different States and I think that the

Connecticut laws will compare very favorably so far as they have
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 59

gone; and it is remarkable when you come to think that it has all

come along within the last two years. Of com-se, our net-package

law is also operating very nicely.

I thank you, gentlemen, for your attention.

Mr. Maroney. In order to enUghten Mr. KeUy, I will inform him

that the question of special agreement has been tried out in the

higher coiirts and it does not require anything in writing. Any

Evurchaser can make a special agreement verbally at any time and

ave it hold in law. I think at one time we had to try it out in court,

and that was the decision, that a special agreement can be made

at any time for anything in bulk. It does not make any difference

whether it is a special commodity, ice, or coal, or a chair, or a desk, or a suit of clothes.

Mr. Kelly. Just a word, if I may be permitted, I do not attempt

to Luterpret the law, as I am not a lawyer and have had practically

no legal training, but I will say that the law reads that the agreement

shall be in writing. I remember that perfectly weU—that our coal

statute specifies writing. That is all I know about it. As to how far

that would go in coxu-t, I do not know.

HARTFORD COUNTY, CONN.

By H. K. Young, Sealer of Weights and Measures.

Mr. Chairman, and gentlemen of the convention, I do not think

I can say anything more than Mr. Maroney has said about the

State law.

I have gone through Hartford Comity and got it in pretty good

shape at the present time. I have 3 city sealers and 7 town sealers

worJdng with me, so that I have 10 men whose work I have to look

after.

WATERBURY, CONN.

By C. A. Fine, Sealer of Weights and Measures.

Grentlemen, I believe in the rule that speaking is silver and silence

is gold, and as this is my first opportunity to be with you I shall be

glad to listen to yon gentlemen who are more familiar with the work.

Connecticut is just getting in shape on the question of weights and

measm-es. We have been handicapped by our State legislature.

However, we have a man who has taken the reins of responsibility on

weights and measiu-es—our superintendent, Mr. Thomas F. Egan.

Mr. Egan has been working for the last few years reforming the weights

and measures conditions. Only last week a law was passed by our

State legislature, and I think it was in the Senate yesterday, to have

Mr. Egan appoint a deputy superintendent of weights and measures

and also inspectors of weights and measures. This will be the first

time in the history of Connecticut that an office of that kind has been

created. Connecticut not bein^ a very large State, the business had

been done by the cities in previous years. I do not want to criticise

the work of the men who have been city sealers, but the system has

not been what it ought to be, and what they have in other States.
60 BUEEAU OF STAHDAEDS.

I have hopes, when the law is enforced, in Connecticut, that we shall

have a good system and that the people at large will benefit by the

supervision of oiu' State and deputy superintendents of weights and

measures. Mr. ZiMMEB (representing Chicago, 111.). Mr. Chairman, I will give

my time to Mr. Cluett, who wiU report for Chicago.

CHICAGO, ILL. By W. F. Cluett, Chief Deputy Inspector of Weights and Measures.

Rlr. Chairman, and gentlemen, I want to say for the information

of this convention, and also for the credit of the city of Chicago, that

if the State of Illinois outside of Chicago is asleep, we are not. The

State of Illinois itself does not have very good legislation on weights

and measures, that we will admit; but the city of Chicago has as good

a set of ordinances pertaining to weights and measures as there is in

the United States, and we are still on the job. We have been doing

business there for some few years. I would like to say that our

inspections last year amounted to 104,000. We made 12,000 try

outs, that is, purchases in stores, followiag up coal dealers, peddlers,

ice men, etc., and reweighing and remeasuring their deliveries. We

had 275 cases in court, with a total of $5,266 in fines assessed. That

does not look as though we were asleep.

There are two ordinances in particular that we have put in force

since the last conference. One is in regard to the sale of fruits and

vegetables by weight or count in the absence of a contract to the

contrary signed by both parties—that is, the buyer and the seller.

That ordinance is working out very nicely; in fact, as you gentlemen

interested in the business all know, the sale of bulky commodities by

measure is by the most unfair standard that was ever invented.

I wiU not go into that in detail, because you understand it anyway;

and we have made a success of that weighing ordinance.

The other ordinance that I speak of is our strawberry-box ordi- nance. We have an ordinance for the sale of berries which provides

that they must be in standard quarts, pints, or half pints. We are having very little trouble with that ordinance. It was put off for

one year, as it was to have gone into effect January 1, 1912, but it

did not go into effect until 1913, because the berry growers, manufacturers, and commission men petitioned the council that it would

be unfair to make them comply with the ordinance at that date, as the boxes for that season had already been made up. So on that

account the city council put off the enforcement of the ordinance

for one year; but we have been enforcing it since the 1st of January.

We are not having much trouble with it. The other day I received a telephone communication from a commission man on South Water Street, telling us of a sad condition in Louisiana and Mississippi. It seems that they had a very

large crop of strawberries down there and they ran out of their

standard size boxes, so in order to have a market for them they

wanted to use the smaller boxes, particularly for Chicago. They

proposed to send them up to us, but mark them "short." We told
EIGHTH CONFEEENCE OF WEIGHTS AND MEASURES. 61

the commission man to telegraph back immediately and tell them

to let the berries rot; that Chicago did not want them in short boxes.

We have an ice ordinance that we think is very good. It works

out very well for the protection of the public. It demands that

all ice sold in the city oi Chicago shall be sold by avoirdupois weight

and shall be weighed at the time of the delivery on a scale that has

been tested and sealed by the inspector of weights and measures. The

only way of getting out of that is by a special agreement to the

contrary between the buyer and the seller, which would mean that

if they wanted to make a contract to keep the box filled for so much

a week they could do that; but otherwise it must be sold by weight.

I think I have covered about what we have done without going

into the figures, which would become very monotonous.

There is one thing more that I want to say: Mr. Zimmer and myself

have prepared a State biU on weights and measures for the State of

Illitiois, and while we are frank to admit that the bureau does not

like that bill, I think it is only because it does not create a State office.

I think that outside of that the provisions of the bill meet with the

approval of the bureau. In the first place we make a statutory

number of pounds per bushel for about 63 different articles. In the

next place we have a provision in regard to the sale of firewood,

prescribing how much wood shall constitute a cord. Now, we have

something in the city of Chicago that I do not know whether you

people have run across in your districts or not. We have some

wood dealers that sell what they caU a face cord. The only reason

I can figure out for calling it a face cord is that thay have a lot of

"face" to do it. A face cord means a cord of wood 8 feet long, 4

feet high, and 1 foot wide, or 6 inches wide—whatever the face is. We have had the provision put in the law that a cord must contain

128 cubic feet.

We also have another provision that gives the right to the sealer,

either city, State, or county, to impound for evidence any faulty or

incorrect scale or any commodity tnat is short of the weight that is

represented, in order to produce it in court; and there is another provision that gives the courts the right to order destroyed any of this

confiscated property or scales and measures that are not correct.

Chicago is now working merely upon itspolice powers and its nerve,

and we certainly have a lot of nerve. We have very little statutory

backing, but we hope with the passage of this bill—and we have

great hopes of having it passed at this session of the legislature

that Chicago wiU be able to do a little better than it has been doing,

although we have been doing very well.

I thank you.

INDIANAPOLIS, IND.

By I. WuLFSON, Inspector of Weights and Measures.

Mr. Chairman, and gentlemen, I am indeed delighted to bo among

men who stand for honest deafing and who seek the protection of the

American consumer, the merchant, and the manufacturer. It is

true that each State looks to its legislature to pass laws for the protection of its commonwealth; yet there are considerable difficulties
62 BUBEAU OF STANDABDS.

arising through lack of tmiform legislation, and this is the reason

that our work is so difficult; and it wiU always be difficult until

Congress recognizes the importance of the matter and passes laws

approved by this conference. I feel that Mr. Cluett just spoke for

me, as the city ordinances he read sound as if they were adopted

from the city of Indianapolis; or Indianapolis may have adopted

them from Chicago; at any rate we have the same laws, the same

ordinances, the same activities, the same results, and the same good

will from the people and from the pubUc press.

The public press is the messenger that brings the news to the pubUc.

Without the assistance of the pubHc press, the officer in charge of a

bureau of weights and measures is absolutely helpless. The press

is entitled to know what is taking place on pubHc premises, and the

pubUc should know whether their servants are doing their duty.

But if you suppress those things, for fear that it will hurt your job,

then this will surely hurt your job.

My friends, do not think for a moment that enforcing laws means

"eje for eye," "tooth for tooth," "Ufe for hfe." No! We are not

living in ancient times. It is true that we have laws. What we

have to use in enforcing the law is judgment. We must find the sur- roundings of every crime committed before we act. It is easy to

put a poor dealer out of business ; but it is not destruction, it is ac- comphshment, that we desire. Let the poor fellow stay in business

and make him give full measure and full weight; that is all that is

necessary.

We look upon this conference as a school of instruction. There

are here a good many inspectors who may not have been long in

office, yet they may have some idea which will be of great value to

the experienced man. However practical we may be, we do not

know all. Therefore, we come here to hsten and to learn.

First, we find that we have to learn the nature of a commodity.

I would like to give a premium to some one who can get 15 pounds

of potatoes in a standard peck measure, when they are dry, caused

by natural evaporation. The merchant heaps up his peck measure

untU it can not hold any more, and will not in many cases get 15

pounds in it. Are you going to arrest the merchant where there is

no intention to defraud ? Yet he is violating the law, and is giving

you 13 pounds, perhaps, instead of 15 pounds to a peck. Tins is

important for ns to know, and in enforcing such a law we should use our judgment. A Httle practical experience will teach us not to be

in a hurry to seize a merchant. So I say we must use judgment in

enforcing our laws. Give the merchant a fair chance, as well as the

consumer. And that is where you make your friends. The merchant is the backbone of our country. You must not forget that

there are a good many honest merchants, and in my judgment there

are perhaps 90 per cent of the people in the world who are honest.

And to protect this honest merchant we must use the same judgment as when trying to protect the consumer against fraud.

In 1861, when the war broke out, the State of Indiana did not have

any weights and measures law. Indiana did not have any inspectors

of weights and measures. Indianapolis, however, did have a so-
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 63

called inspector of weights and measures. Then they abolished the

office until 1906, when the office was reestablished, and the political

plum of inspector was given to me. And the legislature and the

governor have ^'pickeled" that plum for me by the tenure of office

law,

I did not begin with the small fellow. I began with the largest

corporation in the world, which was practicing fraud upon the purchasers. I found out that they were crooked, and I prosecuted them

to the bitter end; and I won out, and compelled them to do right.

Then I began to get the good will of the merchants of our city.

When they began to find out that it was a benefit to the city of

Indianapolis, I was welcome in every store, except those of the crooks.

I am pleased to say that no offenders escaped punishment when

they were found guilty. As a matter of fact, I always found the goods

on them when I arrested them. I managed it some way or other to

get the evidence, and I wish to tell you how I did it. I made myself

a novelty by disguising myself. If it was necessary, I put on the

uniform of a soldier. I went around from one place to another,

lying behind ash barrels, standing behind kitchen doors; if necessary, associating with them, in order to detect the frauds. I have

used all tactics to get the crooks; and so far, I have accomplished

my purpose. All the criticism then disappeared; the public began

to recognize that weights and measures conditions in Indianapolis

had improved. Dishonest competitors who used to undersell the

honest merchant are compelled to give full weight and measure. Crooked pedlers are reformed to-day owing to the punishment that

was inflicted on them for their practices. That is the way I rounded

them up; that is the way I made a success; that is the way you can

make a success. Then the public will work in conjunction with you.

For example, when I organized a housewife's protective association

for the purpose of teaching the members that when purchasing

commodities in stores and markets nothing but definite amounts

should be called for, crooked dealers denounced me for organizing

such an association. But the public press and the general public,

recognizing the great movement, defied these protesting crooks, and

this revolt kept up until the last legislature met in general assembly

and amended the law of 1911; inserted the words "shall appoint"

instead of the words ''may appoint," and inserted also the words

"The said inspector shall serve continuously during good behavior

* * * and shall not be removed for any political reason."

And now I leave it to the whole world, gentlemen, have not we got

the best law of the United States in the State of Indiana?

EVANSVILLE, IND.

By J. C. Wallenmeyeb, Sealer of Weights and Measures.

Mr. President, and gentlemen of this conference, in submitting a

report for Evansville, I will state that during the first three months

in office I condemned and confiscated over 1,200 scales, weights,

and measures. During the year more than 12,250 scales, weights,

and measures were condemned. In this number are included several
64 BUBEAU OF STANDARDS.

carloads of new metal and "wooden dry measures, condemned as inaccurate and ordered to be returned by the jobbers to the manufacturers.

A large number of coal and wagon scales were condemned, being

entirely worn out, and the dealers have shown their willingness to

comply with the requirements of the Indiana weights and measures

law by installing new apparatus when requested to do so. A number of investigations were made dm-ing the year to determine the shortage in various commodities. In our flour investigation

we found almost all brands of flour short. One particular orand

labeled "6 pounds, honest weight," was found to weigh only 4 pounds

13 ounces. We adopted a campaign of education, mstead of prosecution, as we realized a prosecution meant a serious injury to the

reputation of any business house, from which they could never

entirely recover. This shortage in flour the millers attributed to the

invisible loss in milling, claimmg that wheat contained 12 to 18 per

cent moisture, and a further loss by evaporation of 3 per cent after

milling. The test for moisture in all kinds of grain was to take 100

grams of grain and boil same in 100 grams of Atlantic red engine oil

previously heated to expel all moisture—untU the thermometer

showed 212° F. The moisture in the wheat rises in the shape of

steam in a coH, which is led through a cold water vat, thereby con- densing the steam or vapor which drips into a glass graduate showing

the exact amount of moisture in the grain. After calling a meeting

of all millers shipping flour into Evansville and submitting the matter

to the State commissioner of weights and measures, Dr. H. E. Barnard, of Indianapolis, a letter was sent to the millers demanding that

flour be packed full net weight and stating that large shortages

attributed to shrinkage would not be tolerated. All the millers

replied stating that they would do as requested.

At the time of assuming my duties it was the common custom in

all the seed stores to sell seeds, cranberries, lima beans, and many

other dry commodities by liquid instead of dry measure. This practice was entirely abolished without any apparent ill wiQ on the part

of the dealers.

In the coal investigation dealers claimed a shortage of 20 to 40

bushels on each car. It was found that every flagman's shanty on

every railroad in our vicinity was being heated with coal thrown

from passing cars by brakemen or else taken from standing cars in

railroad yards by the flagman. Brakemen were also seen to kick off

generous chunks to coal pickers along the tracks.

In the meat investigation it was found that dealers had for years

been charged the price of meat for the heavy wrapping paper and

outside paraffined paper and beautiful blue cotton ribbon aroimd

each piece. This practice was abolished only on threats of prosecution. A new shortage in meats was fovmd last week in one company's

products which they claimed was due to shrinkage.

I quote the following letter which they sent to their agent at

EvansviQe:

Chicago, III., May 6, 1913. Agent Co.

Deak Sir: Referring to letter sent by city sealer at Evansville, Ind., Mr. J. C. Wallenmeyer, we suggest that you call on the city sealer when you are in Evansville,
EIGHTH CONFEBENCE OF WEIGHTS AND MEASURES. 65

and explain to him that our company is not violating the law of Indiana, nor the city

ordinances of Evansville; that we give good full weight; that meat and meat-food

products are of a perishable nature and that the oil and moisture in them begin to evaporate the moment the meat is packed; there is no preventing of this; that in the nature of things, it is impracticable to weigh meat and meat food products after they

are packed; that sale is usually made at the time of packing, but it is usually made

in Chicago and by the time it reaches Evansville the product has shrunk some; that

there is no attempt or intention to deceive; that we state frankly on our invoices

and delivery receipts that the product is sold at marked weights.

Yours, respectfully,

All dealers were instructed to deduct any shortage on meats,

regardless of the claims of the packers that meat was weighed when*

packed.

On the foregoing items we have saved our dealers many thousands

of dollars, and they expressed their gratitude for the service rendered

by this department. In this way we have secured the cooperation

of the Evansville Business Men's Association.

A small fruit and berry ordinance indorsed by the Bureau of Standards was passed by our city council with the aid of the Southern

Indiana Fruit and Berry Growers Association, organized for the

purpose of assisting the sealer in the enforcement of the law.

In the investigation of railroad weights, we found frequent errors as a result of careless weighing done by brakemen who were unfamiliar

as to conditions necessary for correct weight, claiming they received

no compensation for weighing and had to do it in a hurry.

The method of testing railroad track scales has been very crude.

An open box car filled with scrap iron has been used by some roads

with very inaccurate results. We now have in Indiana a 50,000-

pound steel test car concentrated on a 6-foot 6-inch wheel base and

having a central compartment containing 10,000 pounds of verified

test weights. With this car it is possible to test each section of the

scale up to 50,000 pounds capacity, which is equivalent to a load of

200,000 pounds on the scale, besides being able to locate and determine the error, if any, in each section and make the required adjustment. This car, on account of its shortness, is carried on mileage of

4 cents a mile instead of as freight. Mr. Winslow, at Terre Haute,

also has a master scale to test the accuracy of this test car which is sensitive to 8 ounces, which I think our good friend Mr. Neale will

admit is down to a fine point.

During the recent flood on the Ohio River it was my pleasure to be

appointed by Mayor HeUman as aid to Capt. Naylor and Maj. Logan,

CI the Ninth Infantry, United States Army, in giving relief to flood

refugees. Many shortages were foimd in emergency supplies bought

quickly and wanted immediately. I have suggested to Maj. Normoyle, of the United States Quartermaster's Department, that in

future flood relief work the various city sealers along the rivers be

commissioned to weigh for the Government all supplies. As the

present flood relief work cost the War Department $1,000,000, you

can readily see that a shortage of only 5 per cent would amount to

$50,000.

28670°—14 5
66 BUREAU OF STANDARDS.

In closing I will state that the loss to citizens of EvansviUe, based

on the percentage of condemned and confiscated scales, weights, and

measures, on commodities sold by weight or measure, was found to

be 3 cents daily per family, or $142,500 per year. We have eliminated

practically aU fraud, and by adopting a conservative policy in the

enforcement of the law have been a protection both to the honest

dealer and the purchasing public.

I thank you, gentlemen.

BALTIMORE, MD.

By G. A. DoNAGHUE, Chief Inspector of Weights and Measures.

Mr. Chairman and gentlemen, I have been looking forward to this

conference with a great deal of pleasure. My predecessor, Mr.

Thomas, who was superintendent of weights and measures last year,

came back to Baltimore with such glowing reports of the last conference that I was naturally anxious to be present at this one. Baltimore is handicapped at the present time by not having any

State supervision, but I hope that in January, 1914, we shaU be able

to interest the governor and the State legislatm-e to the extent that

a State superintendent will be appointed, and, working in unison, I

think Maryland and Baltimore will take their proper places among

the States and cities of the Union.

Mr. Thomas, who was chief mspector last year, went thoroughly

into the matter—the work of Baltimore—so I do not think that it will

be necessary for me to go into detail. I have only been superintendent of Baltimore city for the last 10 or 12 months. Previous to

that time I was one of the inspectors on the street. I held that

position for about seven years. The laws of Baltimore are up to date.

We have passed a number of ordinances which are a combmation of

the city ordinance which some of you gentlemen brought up last year

and the New York City ordinance described by Dr. Reichmann, and

with this combination we feel that we are in very good shape.

I came up here, gentlemen, to get information to take back with

me and put into effect rather than to give you information. I thank

you.

BOSTON, MASS.

By C. B. WooLLEY, Sealer of Weights and Measures.

Mr, Chairman, ofiicers and members of the Eighth Annual Conference on the Weights and Measures of the United States and visiting

sealers, one year ago, at about the time this convention was about to

convene, and after I had been looking forward with pleasurable

anticipation at the prospect of being with you and of being part of

you, stern Fate ordained otherwise, and instead of fraternizing with

my feUow sealers, I put in a dreary month coaxing a refractory ligament in one of my legs to behave and allow that very useful part of

my anatomy to perform its normal ftmctions.

I mention this incident not to dwell upon my afflictions, but to

emphasize the very good excuse I had for not being with you one
EIGHTH CONFEKENCE OF WEIGHTS AND MEASUKES. 67

year ago and also to impress upon you the great pleasure it gives me

to be with you to-day—sound in limb—and eager to absorb some of

the useful, I might say indispensable, information which these annual

interchanges of experiences and methods are bound to impart.

It may be weU at this point to say that before I left Boston I had

a very pleasant letter from the mayor of our great city—every one

knows our mayor, the Hon. John F. Fitzgerald, the omnipresent,

zealous, untiring booster and boomer of our great city—in which he,

with his usual cordiality, authorized me to represent the city of

Boston and convey his greetings to this great and exceedingly important body. Mr. Fitzgerald is now, or was a few days ago, in

South America, proclaiming with his customary strenuosity the cause he loves so well—a better, bigger, and busier Boston.

Incidentally the mayor instructed me to note carefully the proceedings of the convention, in view of further perfecting the Boston

department to that state of efficiency where it wiU rank in importance

first among the departments of weights and measures in the United

States.

I wish also to state, incident to my not being present here last

year, that, as I understand, I was ably represented by my chief

deputy, Mr. Sweeney, who told me in glowing terms of the courtesies

that he received at the hands of the officers of the Bureau of Standards

and the valuable information which he obtained. But I must stop

this generalizing and if you wiU bear with me for a few moments I

will tell you something of the Boston sealers methods and experiences.

Prior to 1907 the personnel of the department was not marked.

Influences which were not conducive to proper discipline and were

against the proper administration of the office then prevailed. In

1907 a State commissioner of weights and measures was appointed,

and I know that when his excellency the governor made that appointment he performed a signal service to the Commonwealth of Massachusetts.

I wiU only touch upon the work of my department, for I think

that the officers of the bureau are now well informed of the healthy

growth of the Boston department, which in a great measure is due

to their suggestions and to the cooperation of the State commissioner,

and I feel justified in saying that Boston now has one of the best

departments in this country. Perhaps my friend Wulfson from

Indianapolis has one just as good, but he has got "to go some" to

keep in the running.

One thing was suggested to me by Mr. Wulfson's speech, and that

was in reference to prosecutions. I have had a great many prosecutions in the past year and I think that we, as sealers, should certainly

strive to temper our zeal with justice. When we detect, as we have

reason to beheve, a violation of the law, we should investigate thoroughly the merchant's character and the conditions of the sale which

brought about the irregularity, and ascertain, if possible, whether

there was any intent to defraud before making the prosecution.

Why, gentlemen, the largest asset that a man can have in this life

is an unsuUied reputation. Take that away from him unjustly and

you have taken that which you can never return. And so I feel that
68 BUREAU OF STANDABDS.

with our laudable zeal to prosecute the willful ofiFenders, we should

be just as anxious to protect the reputation of the merchants who

may have been negligent and careless, but not in the least degree

criminal.

I would Uke to tell you of my first case in court. It was in Massachusetts prior to the time that the sealers were included in the civilservice hst, those holding appointment ia cities or towns of more

than 10,000 inhabitants. Our term of office was at that time a year,

and with a change of administration we were through. You all

know the value of experience and that it is necessary for the best

interests of our departments to have men of considerable experience

retained in office if found worthy. The case ia question was quite a serious violation of law, and I appfied to the court and obtained a summons. As soon as the summons was issued, an alderman rushed

into my office and said, "What are you doing with Smith? Why,

he is a good honest fellow; he has been in business 15 years. Not

only that, he is one of my constituents." "Why," I said, "You

are a httle late, there is a summons for that fellow." "Well," he

said, " you serve that summons and I will have your head. " At that

time we had no protection whatever. However, the case came to

trial, and on entering the court room I found the chairman of the

board of aldermen on the bench, as associate judge. The judge

being indisposed, he was the presiding officer. The case went on—

as I thought—to my advantage; I was impressed with the certainty

that we would win the case, and that it would be a heavy fine and

perhaps imprisonment; when in rushed the aforesaid alderman,

approached the judge and whispered in his ear. The judge asked

one or more questions and said, "I will place this case on file."

That decision and other decisions fike it had the effect of lessening

the zeal of the sealer and his deputies, not because they were any

less anxious to see justice prevail, but such a discouraging outcome

of their efforts to protect the pubHc could have no other result.

After once having been placed on a basis where poHtical influences

could not be used to thwart the ends of justice, our activities commenced in earnest.

Last year we had 75 prosecutions, while the year before our convictions were 99. This is gratifying evidence that the temptation to

violate the laws to enforce honest weights and measures is growing

less year by year and a wholesome respect for square dealing pervades

the whole community.

In closing I wish to say that great credit is due to the officers of

tliis bureau, as well as to the State commissioners, for their cooperation; and if you progress in the future as you have in the past, you

wiU continue to receive the well-merited approbation of the great

buying pubfic, and that means every family in the United States.

It is not too much to hope that the very great influence of this farreaching organization will lend itself to furthering the cause of civil

service, which we must acknowledge—the selfish as well as the unseffish—is doing so much to put our municipaUties on a plane of

business, pure and simple.
EIGHTH CONFERENCE OF WEIGHTS AND MEASUEES. 69

CAMBRIDGE, MASS.

By H. H. Healey, Sealer of Weights and Measures.

Mr. Chairman and gentlemen, I come from a city of 110,000

people. We have one sealer and three deputies, and, not satisfied

with that and feeling the importance of the work, have asked for still

more help. My great hobby in this work is publicity. I believe

that we can come here year after year and suggest good laws, and

try to get them enacted by our legislatures, but until we mold public

opiaion to the extent that the pubhc will demand those laws, their

progress will be very slow.

In our city we have given several lectures on the weights-andmeasures question, with stereoptican views of different types of

scales and different methods of defrauding the pubHc. I believe

that if this were made nation-wide. Congress would take more interest in weights-and-measures questions, and we would then improve

rapidly. I thank you.

SALEM, MASS.

By G. L. Day, Sealer of Weights and Measures.

Mr. Chairman and gentlemen, the worst violators of the laws in

Massachusetts are the big packers. I had a short-weight case last

year against one of them. I made the complaint against the manager.

The judge would not allow a criminal record against him, but said I

must bring in the corporation, so I made a new complaint and brought

in the entire company, under the laws of the State of Maine.

Their lawyers said they were incorporated under the laws of the

State of Maine and the State of Illinois, and had 40 partnerships and

that I had not proven the one in Salem to be the Maine corporation,

and the case was thrown out.

This year I thought I would thrash that out, but have not succeeded

as yet.

I went to the attorney general's office for information, and Mr.

Power, of that office, found that the company was incorporated under

the laws of the State of Maine to do business in Massachusetts, with

headquarters in Boston, but there was nothing to prove that they

did business in Salem, Lynn, or any other cities in the State.

Mr. Power told me to summon every big man of the corporation

hving in Massachusetts to court, and he thought some of them would

tell the truth. I expect this case to come up next week. I thank

you,

GRAND RAPIDS, MICH.

By J. J. Btene, Sealer of Weights and Measures.

Mr. Chairman and brother delegates, it affords me great pleasure

to meet with you and the accomodating officers of the bureau once

more. Mr. Holbrook told you that Michigan was dormant on State laws.

I win assure you that Grand Rapids is not. We have a set of city
70 BUBEAU OF STANDARDS.

ordiaances there that we can do business under and get along very

nicely. As far as the State law is concerned, it was enacted by the

present legislature this winter, was just signed by the governor the

other day, and I procured a copy about an hour before going to the

train. While the biU was drafted after the model law of the bureau

here, it was, to use the slang expression, pretty well shot to pieces

before it got to the governor. However, it is a step in the right

direction, and I think m the future we can get something that is worth

while. Gentlemen, I thank you.

ST. JOSEPH, MO.

By E. M. Gilpin, License Inspector.

Mr. Chairman and gentlemen, I have not much to tell you, because

we are thoroughly new in this line in our city. The State affords us no help, and there is no State law on weights and measures. We

have only been in operation about six months working under a city

ordinance, but are getting along very nicely at this time, although it

is pretty hard to do very much without some help from the State.

The legislature so far has given us no help.

We had a bill before the last legislature, asking them to give our

honorable mayor and city council the power to pass an ordinance

doing away with the dry measure altogether, and sell all commodities

by weight; but this was turned down. That is about all I have to

say at this time. I thank you, gentlemen.

BAYONNE, K. J. By H. Mainhaed, Superintendent of Weights and Measures.

Mr. Chairman and gentlemen, up to two years ago, about May,

1911, to be exact, we of New Jersey had practically no State organization. About that time President Woodrow Wilson, then governor

of New Jersey, selected a gentleman to head our State department.

The appointment has since proven a splendid one. The gentleman

appointed made an excellent head of the department and to him we

owe ovi fine State organization. I refer to Mr. W. L. Waldron, our

State superintendent. Under Mr. Waldron, we of New Jersey organized every municipality in the State. We formed a State organization with Mr. Waldron at the head and since then have done, I believe,

the best work in the Union. Through the efforts of our organization, we succeeded in having beneficiaflegislation passed by the State

legislature. Some of the laws we inaugurated have been adopted

in other States. Our sealing system is considered the best adopted

in this coimtry. As for my city, Bayonne, it has the reputation of

being one of the best regulated in New Jersey. We are compljing

with every law and assisting to the fullest extent our State organization.
EIGHTH CONFERENCE OF WEIGHTS AND MEASUBES. 71

ESSEX COUNTY, N. J.

By A. Hareis, Superintendent of Weights and Measures.

Mr. Chairman and gentlemen, I am an expert listener, but a very

poor speaker; but I wiU say, as Mr. Mainhard has just stated, that

when you have a man like Wm. L. Waldron, our State superintendent,

behind you, no department can help but make good.

In one of our short-weight coal cases which was tried before our

Hon. Judge Wm. P. Martin, who is a friend of all honest people and an

enemy to crooks, a jury brought in a verdict against the defendant

in seven minutes, and his honor imposed upon the defending coal

dealer a fine of $1,000 and a term of six months in the penitentiary,

which I beUeve is the largest penalty imposed upon anybody giving

short weight and measure, and since then we are unable to find any

coal being delivered short weight; so you see, gentlemen, that with

the cooperation of the State department on one side, and the fearless

and heavy hand of the law ready to come down on the dishonest

merchant on the other hand, we are able to keep things in good condition; and I can assure you that Essex County is in better condition to-day than ever before. I thank you.

UNION COUNTY, N. J.

By A. W. Schwartz, Superintendent of Weights and Measures.

Mr. Chairman and gentlemen, we have placed New Jersey on the

map so far as weights and measures are concerned. In looMng over

the first page of the program I notice it says that the object of extending the invitations to the officials of weights and measures departments throughout the United States was that they might learn from

their fellow workers what was being done and how it was being done,

and give the conference the benefit of their experience, etc.; and that

it was believed that this would result in some good to the entire

United States of America so far as weights and measures were concerned. Now in our State, as you have already learned from Mr.

Waldron's report this morning, we have made considerable progress

along the line of legislation, and we befieve, as some of the gentlemen

who preceded me have said, in publicity. Of course our department

is in its infancy so far as years are concerned, our law having been

passed in 1911, and we believe in a great deal of publicity and also in a campaign of education. The department started out, not with the

idea of persecuting or prosecuting, but rather to get the merchant and

the consumer to understand the value of a department of weights

and measures. A great deal of diplomacy was used, some good common sense, and some good judgment in making our inspections and

tours through the various counties and municipafities of the State, so that we had the public with us from the beginning; and what we

ask from our legislature we can pretty nearly get.

Our State association was organized a year ago; it just had its

annual convention in the city oi Newark on the 30th of April. We

have a legislative committee appointed, and that committee, with the
72 BUEEAU OF STANDARDS.

superintendent of the State department, Mr. Waldron, looks after

whatever legislation we think is beneficial to the people of the State

regarding weights and measures. We meet a number of times during

the year to confer, and then have bills drawn up and introduced and

attempt to have them enacted into law.

Now, if you will just bear with me for a moment—this is the first

chance I have had to say anything—I will touch upon a few little

things that confront us. In this campaign of pubhcity and education in our State, we have inaugurated a plan of exhibits throughout

the various counties and municipalities. If there is an industrial exposition in a town, we get space there, and we put on an exhibit to show

the people just exactly what they can expect from dishonest dealers.

Not only that, but we show in connection with that honest weights,

measures, and scales, and show the contrast, and give them pointers

as to how to protect themselves. At the interstate fair at Trenton

that is one of the big features of New Jersey each year—the State

department had its exhibit and had different apparatus from all over

the State on e^fhibition; and the crowds that were around that booth

during the six days of the fair were remarkable. It was surprising to

see the interest that was manifested by the people of the State.

That is one of the ways of launching your campaign of education,

getting your people interested, and getting them with you.

Now, I think New Jersey was the cause of the parcel-post scales

agitation. I think that in the county of Union, from which I come,

in the city of EHzabeth, Mr. Bender was the first to discover that one

certain make of parcel-post 20-pound scales was not accurate, and he

was a little in doubt as to what course to pursue. We took it up with

the State department, and through the department we obtained

authority to go along the line and test out all the apparatus in the

State, which we did. Every post office was visited, and we were

received very courteously by the postmasters. All of the equipment

was inspected and reports made and sent to the State department, and

the State department in turn took it up with the postal authorities.

Now, probably some of you gentlemen have in your cities chicken

markets where they sell live poultry. We have quite a number of

these depots in Newark, Jersey City, Bayonne, Elizabeth, Camden,

Trenton, and some of the other large cities; and we have just discovered a scheme whereby the weight of the poultry is increased—at

least we think it is a discovery; probably it is old to some of you men

who have had experience in this line.

Crated poultry is brought to the market, and the merchants starve

them for three or four days or longer; then they feed them on a soft

mash with plenty of salt in it and finally allow them to fill up on

water. We have found that a 4-pound chicken that was weighed up

before this process was adopted, weighed 5^ pounds when it was so

treated, the increased weight being brought about simply by the

absorption of water. What first called our attention to the matter

was that some merchants were selling poultry at 22 cents a pound

while their competitors down the street were selhng at 16 cents a pound and the question arose how can these men afford to do it when

the wholesale price was 18 cents a pound? Well, this pound and a
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 73

half at 16 cents makes up that difference. For a 4-pound chicken,

before treatment, at 22 cents a pound would be 88 cents, and a

pound chicken, after treatment, at 16 cents a pound would also bring

88 cents.

Now, about our difficulty in coal. We have our coal dehvered

sometimes in bulk, but mostly in bags, and we find that we have a

great many short bags. The bag is supposed to weigh 100 pounds

when filled, but a lot of them run only 85 pounds to the bag. We

have had a great deal of difficulty, particularly in the suburbs,

where there are no big wagon scales to drive a wagon on and get it

weighed, so we have adopted the following method:

We have a tripod with a hook underneath it, and a special doublefaced spring scale of 200 pounds' capacity. The tripod may be

strapped up, there is a spscial case for tne scale, and with this equipment the sealers start out and hold up loads of coal; demand and

obtain the delivery ticket; go to the place of destination and set up

the apparatus where the coal is to be delivered, and then weigh up

every bag of coal as it goes into the chute or cellar. If the load is

in bulk it is weighed in a special bag carried by the sealer. We get

the gross weight of the coal and the bags, deduct the tare of the bags,

and thus obtain the actual net weight of the coal delivered. It is

no longer necessary to take the load back to the public scales, which

would in some cases make it necessary to drive 3 or 4 miles. We

have reached a point where we have very little difficulty along this

line, because it is reahzed that we are watching them.

I am very glad to be here again this year, oecause I think these

conferences are a very good thing, and I hope to be with you again.

NEW YORK, N. T.

By F. H. TiGHE, Deputy Comrrdssioner of Weights and Measures.

Mr. President and gentlemen, I am directed by' Commissioner

John L. Walsh, of the mayor's bureau of weights and measures of

the city of New York, to appear here before you to-day to express to

you his sincere regrets for his failure to be with you in conference

assembled. He has, however, prepared a special paper which I will

read when that number on the program is reached.

CLEVELAND, OHIO

By W. Q. E.ADCLITT, Sealer of Weights and Measures.

Mr. Chairman, I will make my talk shorter than the applause.

Ohio has a good governor. Cleveland has a good mayor. Ohio has

a good dairy and food commissioner, who is also State sealer. We

keep busy in Cleveland and do things right.

RICHMOND, VA.

By T. W. Joseph, Sealer of Weights and Measures.

Gentlemen, it is with great pleasure that I am back here on the

second visit, as I have looked forward to meeting my friends that
74 BUREAU OF STANDARDS.

I met 10 or 12 months ago, but I am not here to make you an address

this morning.

I am glad to say that we are stiU alive and progressing slowly. I

hope under the present management of the city of Kichmond that

the department of weights and measures will be a greater success in. the city of Richmond than it has been for years.

PETERSBURG, VA.

By A. S. Johnson, Sealer of Weights and Measures.

Mr. Chairman, I find that a large majority of the merchants of my

city are glad to see me, and a few are not. They also recognize the

importance of some one attending to the weights and measures.

1 am working at a great disadvantage. I am out only twice a year,

and also am working under the fee system. I hope this system will

soon be done away with, and that we shall have daily inspections.

Since I have been working I have found a great many short weights

and measures. SEATTLE, WASH.

By A. W. RiNEHART. Chief Inspector of Weights and Measures.

Mr. President, I came about 2,500 miles to attend this conference,

and I have been trying to figure out what particular portions of our

ordinance might be of interest to the various sealers that are here,

and what differences, if any, exists between the other ordinances

touched upon this afternoon and our own.

Under our city ordinance the superintendent has the power to

regulate the types of scales to be used in the city and to condemn any

type which upon test proves unreliable and inaccurate, and from the

beginning of the enforcement of the ordinance we have condemned

all family types of scales for use in trade, and the result has been of

great benefit to the whole city and has resulted in a far superior lot

of scales in the market places and small stores.

A notable difference between our city and the eastern city is the

absence of the dry measiu-e, we having to deal exclusively with scales

and liquid measure; every commodity is either sold by weight or

liquid measure. On our way to Washington we visited St. Paul, Minneapolis, and

Milwaukee and noticed the many kinds of dry measures in use,

and we came to doubt the possibility of coming within 10 per cent

as close with the dry measure as with the weight. We think the sale

by weight of aU dry commodties is much more fair both to the dealer

and the consumer than the sale by measure. One of the difficulties that we have had since our ordinance has

been in force is trying to teach the inspectors, as well as ourselves,

the difference between moral wrong and legal wrong, and trying to find

just what our legal rights were under the law. We find the attorneys

hold different views regarding the legality of some portions _ of our

ordinance, and we have had to appeal to the courts for relief in some

cases.
EIGHTH CONFERENCE OF WEIGHTS AND MEASUEES. 75

One section of our ordinance, section 11, prescribes that all commodities that are ordinarily and usually sold!^ by weight or measure,

if they are put in containers, must be marked with the true net weight,

and the question of the legality of this section has just been passed

upon by the supreme court of our State in the case of Seattle v. Goldsmith, and this is a case that I want to discuss to-morrow with refer- ence to the matter of shrinkage.

We also have a case at this time against a large packing company

involving the very question that came up to-day—that is, whether

they have a right to plead shrinkage as a defense against selling on

the basis of net weight.

We have also had another case that one of the gentlemen spoke of

this afternoon with reference to the 25 cents' worth of potatoes; that

case has been decided by our superior coiu-t (not the supreme court)

and the court held that if a person asked for 25 cents' worth of potatoes

the dealer was bound to deliver the number of poimds of potatoes as would represent 25 cents' worth at the ordinary market price of

potatoes; held that that was not a special agreement and that the

dealer had no right to sell a "bucket of potatoes " imder our ordinance

requiriag the sale upon the basis of net weight.

I might say, with reference to the Wisconsin case mentioned by

Mr. Downing and the Washington case, that we have already had

notice of an application for a rehearing in the latter upon the ground

that the former has been decided more recently. This case declared

that a container that leaves one State and goes into another is an

interstate package up to the time it reaches the consumer, and it is

claimed that as that phase of the question was not touched upon our

case should now be considered from that angle. At the present time

the Goldsmith case, in my judgment, stands out as the most important

case, in so far as the consumer is concerned, that has ever been decided

in the United States; in brief, our supreme court decides that we

must start with the consumer and work backward to the packer

instead of starting with the packer and working forward to the con- sumer; it in effect says that the manufacturer who puts up the package knows more than anyone else what the shrinkage is going to be

in that package, and he must make allowance for that shrinkage by

increasing the size of his package so that the ultimate consumer will

get 16 oimces for the poimd; and that if he does not know what that

shrinkage is going to be he must keep it on the shelf till he finds out,

thus upholding the contention of the city and the ordinance which

requires the sale upon the basis of the true net weight. I thank you.

MILWAUKEE, WIS.

By W. F. Steinel, Deputy Sealer of Weights and Measures.

Mr. Chairman, and gentlemen, we have had a weights and measures

ordinance in force during the past four years. About five years ago,

Mr. Holbrook, of the Bureau of Standards, made a tour of inspection

in our city and his report showed it to be one of the worst cities in

regard to weights ana measures in the United States. Our department was created in 1909 with a sealer and two deputies, and our
76 BUBEAU OF STANDABDS.

force has been increased from time to time until we now hare six

deputies at work.

I can report that we have things in pretty good shape in Milwaukee

at the present time and that the general conditions are improving

in our city from year to year. Our report will show that where we

found only 50 per cent of the scales in use correct in 1910, and 69

per cent in 1911, the percentage of correct scales in 1912 was 88.5

per cent.

A corresponding improvement in the accuracy of the weights and

measures in use in the city was also found. Our try-out system also

shows a vast improvement over previous years, 93 per cent of the

purchases made by this department being found correct.

During the year 1912 we tested 66,000 scales, weights, and measures in Milwaukee and tried out 16,913 places of business, and had

49 prosecutions. We have probably set the initiative in prosecuting

for shortages on one commodity, and that is beer. During the past

year we have brought three cases into court on short beer barrels

and have secured convictions in all of them. We found barrels that

were from 2 to 4 gallons short of the standard barrel in Wisconsin.

A large percentage of the barrels in use in our city were found

short, and you can figure it out for yourselves and you wiU bear me

out that this shortage is probably greater and will amount to more

in dollars and cents than any commodity sold in this city when you

stop to consider that we produce 5,000,000 barrels annually.

It was quite easy to find violations of this kind, and after prosecuting three cases we thought it best to help the brewers comply

with the law by giving them time to recooper their short barrels,

and aU of them are now trying to do so. My friend, Jxr. Downing,

mentioned the fact this afternoon that we were changing the capacity

of the liquid barrel in Wisconsin from 31 J gallons to 31 gallons. I

would Uke to say in explanation that the reason for this is that in

every case we took into court the point was raised that the Wisconsin

standard was in conflict with the revenue barrel which calls for $1

revenue tax for every 31 gallons of beer.

The brewers have maintained that if they sold barrels that were

up to the Wisconsin standard they would be required to pay an

additional tax on each barrel, and in order to avoid any further

controversy on the subject we have decided to be in uniformity

with the revenue barrel.

The Secretary. Gentlemen, I would hke to make a motion that

we adjourn.

The motion was seconded and carried. Accordingly, at 4.40 p. m.,

the meeting adjourned.
THIRD SESSION (MORNING OF THURSDAY. MAY 15. 1913).

The conference reassembled at 10.30 a. m.

The Chaieman. The Secretary has an announcement to read.

The Secretary. "We have a notice here from the Secretary of Commerce that he will meet the delegates at the White House at 2.30 at

the east entrance. The reception will take place in the East Room.

Mr. Neale. Mr. President, while there are announcements going

on, I would like to state that Dr. F. Reichmann, superintendent of

weights and measures of New York State, has written me a personal

letter requesting me to express his regrets to this conference that he can

not be with us. He further says that, fearing he had left out some

body here in the notice of the State weights and measures conference

in Buffalo, May 20-23, the invitation is extended to aU who are here,

and that all who wish to go should get into communication by wire

with C. J. Quinn, 44 West Seneca Street, Buffalo, N. Y., or the Hotel

Lafayette.

The CHA.IRMAN. You have heard the Secretary's annoimcement

and the announcement of Mr. Neale. Let me say, in connection

with the latter, that anythmg that the various delegates can do to

assist ia this movement in the States is a very worthy thing to do,

and I would suggest that all take part in this who possibly can. The Secretary. Mr. Chairman, I would like to have Mr. Henry

Houck, the secretary of internal affairs of the State of Pennsylvania,

who has charge of the weights and measures work in that State, make

a few remarks.

The Chairman. If there is no objection, that will be in order.

Mr. HoucK. Gentlemen, this is very sudden. I am very sorry I

missed you yesterday but I am glad to be here and to see the increased

interest in this great work la which you are all engaged. My own

State moves rather slowly, but when we do move we move in the

right direction. We are working hard to get the legislation that we

ought to have in Pennsylvania. We are not getting exactly what

we want, but with the bills now pending in the legislature, if they are passed, and we are fortimate enough to have them signed by the governor, we will be in very good shape. The interest there is growing,

and under the management of our Mr. Sweeney I feel sure that good

results are going to come in our great State in a very short time.

Mr. Fine. Mr. Chairman, I desire to call the attention of the conference to one matter of great importance. I do not know how other

States are, but in Connecticut owe State police department will have

the sole supervision of the weights and measures. If it is in order

at the present time, I would like to say that my hope and my beUef

is that the day wiU come when, no matter how large or how small the

town or city is, every city in the United States will be free from the

77
78 BUEEAU OF STANDABDS.

influence of political parties. When we see that adopted, Mr. Chairman, the Nation at large will benefit by it, and the work will be done

in a proper manner. I deem it my duty to make the suggestion that

every man go home and urge upon bis governor or his mayor or his

legislature that every sealer—it matters not who he may be—should

be independent of political parties. I believe, Mr. Chairman and

gentlemen, that imder such conditions the work wiU be carried out

in a more efficient manner, and I believe I am supported in my opinion

by the experience of the past.

The Chaibman. There is one thing we have found in this, as weU

as in other lines of the bureau's work, and that is that the work of the

city sealer is in close contact with the work of the General Government; and if the General Government is prescribing and favoring the

best regulations and standardizing regulations or ordinances, it is

going to be very difficult to introduce politics into that very important matter. We find this true in many lines outside of weights and

measures. Mr. Keach. May I ask if you would be in favor of a national law

unifying all the States, this being the paramount law to govern, and

every State to be prohibited from making any law contrary to the

same; and also, in conjunction with that, to put aU inspectors upon

a civil-service basis, in order to protect them from poHtical influence ? The Chaieman. I think you ought to put your question the other

way: Is there anyone who would object to such a thing? If there is

anyone who would object to that, very well.

Mr. Keach. I wanted to get the question before the chairman

himself and try to get his idea.

The Chairman. Well, I do not object to it. In fact, the bureau

has been trying ever since we have been in existence to get through

national legislation upon those matters in which imiformity is so imperative that it is impossible for the States to efiiciently regulate

the matter, and the thing that stands in the way is the fact that so many Representatives in Congress feel that a large part of this is a

local matter and belongs to the States. You have no idea of the

opposition that is met in that way. So, after aU, it is a matter of

education, and it is for you people to educate your Congressmen

along those fines. In certain sections of the comtry those Staterights doctrines are very deeply embedded, by tradition and by

nature as well, so that it is hard to break away. But we are doing

it. We are breaking away from it right along, and we are tending

more and more toward centrafization in those things, especially as

to the vital points. It wUl readily be conceded that various localities would want the details modified, but as to the vital points, they

should be uniform; there is no question about it. Mr. Fine. I would fike to ask if tlois conference wiU go on record

and send a copy of these proceedings to our governors, or to the

proper authorities, and recommend to each State the adoption of a

of man in that way. You know, gentlemen, when a man has been a

sealer for two years or four years and another pofitical party comes

into power, that this good man goes out. It is not a matter of losing

merit system for the sealers.
EIGHTH CONPEEENCE OF "WEIGHTS AND MEASURES. 79

a political position, but the people suffer under such a system.

Now, I sincerely hope that it will be possible to have the United

States Government take hold of this matter. It is a question, gentlemen, of better government; and if you agree with me let each of

you go on record and_ send out copies to every State in the Union

and recommend those improvements and those ideas to the governors.

The Chairman. Let me suggest to you—^^our time is short and perhaps we can save a little time—that the bureau would be very glad

to send out such suggestion—it is in constant communication with

the governors and is constantly sending out literature—if it is the

wish of the meeting to take some formal action in regard to this point.

I think it is well worth considering. It would not be at all out of

place to go on record that in the various States these offices should

be free from pohtics and placed on a civil-service basis. Is that

your desire ? If so, we will later appoint a committee and handle it

in that way.

Mr. Downing. Mr. Chairman, it will be necessary some time before

this convention adjourns to elect officers, and I wish, in order to

facilitate matters, to move at this time that a nominating committee

of three be appointed by the chair.

(The motion was seconded and agreed to.)

The Chairman. I will appoint Mr. Downing, Mr. Willett, and Mr.

Schwartz as the nominating committee.

CONTENT OF CONTAINER LAW.i

By Dr. F. Reichmann, Superintendent of Weights and Measures, State of New York.

At the last conference I outlined briefly what has been the basis

of weights and measures work in the State of New York; that the

essentials of specification of any commodity are its quantity and its

quality and that the ulterior object of all weights and measures regulation must be that the first element of such specification, namely,

the quantity element, be known. AU other features of weights and

measures or standardization and all the work of the testing of apparatus to know whether it is correct or was correctly launched, whether

it is of approved type, or whether it is correctly used, are to this

ultimate end, that the quantity delivered be of a definite and known

amoimt within reasonable limits. If such is not the ultimate end,

then all so-called weights and measures work is futile. Perhaps it

is because the work has not been considered from an economic standEoint and only from the purely instrumental side that so little has

een done in the United States and why the Federal Government has

practically done nothing. While there have always been standards

of weights and measures in the possession of the Federal Government

and which standards by the Constitution are a matter of Federal

control, yet, aside from testing some instruments for Government

work and in the last few years testing some standards, no broad view

of weights and measures has ever been taken by any Federal Government department except by the Bureau of Chemistry of the Depart1 Read by title.
80 BUREAU OP STANDARDS.

ment of Agriculture, which early recognized the essentials of specification in the first drafts and recommendations for a national pure

food law. I think, however, that the matter of necessity of representation of specification in the dealings of one person with another

or in business transactions was lost sight of and the quantity elements

were disregarded, because the pure food law was enacted largely as a matter of health and not as a matter of definiteness of specification

in business transactions.

I stated at previous conferences that one of the definite policies of

the New YorK State Weights and Measures Department was that a correct representation of the quantity dehvered would be of benefit

to the manufacturer, producer, distributor, and consumer; that

definiteness of representation and correctness should be insisted on

at the launching and should apply to all transactions and to the sale or dealings in all commodities. It is a matter of chronological record

that the awakening of the importance of weights and measures in

other States and in the Federal Government itself came only with the

work that is being done in New York State. Unfortunately, most

legislative bodies in other States and persons supposed to be interested

in weights and measures have always clung to food products. Be fair

to all. While food products are important, other commodities are often just as much of a necessity and in many instances are not as

easily or readily checked by the person purchasing them.

The views of those advocating that containers be marked may be

put in two classes: First, those who beheve that all commodities

shall be sold only in certain definite-sized containers and no others

and these marked; second, those who believe that containers should

be marked but that the sizes of containers that may be used should

not be restricted. These two views will be taken up separately.

1. According to the first view, Hquid commodities should only.be

sold by giUs, pints, quarts, gallons; dry commodities only by bushels,

haK bushels, pecks, dry quarts, and dry pints; and commodities

usually sold by weight should be sold only by pounds, half pounds,

quarter pounds, eighth pounds, and sixteenths pounds and fractional

parts divisible by two and by multiples of the pound. Holders of

such a view believe that it is right to require by legislation that a person

can only seU or purchase a certain amount irrespective of whether

they need or want that amount. It is very easy to see that such a process would be productive of waste and would be hampering individual effort if not curtailing the Hberty or rights of the individual.

My personal opinion is that such a view so restricting the size of containers that could be used always emanates from pure theorists or would-be reformers who have no idea of ordinary commercial transactions. Some of those who hold such views would extend the size

of measures so as to include even larger containers, such as packing

boxes or shipping receptacles. Wherever possible ordinary commercial associations tend to standardize as far as possible shipping containers, simply as a matter of conservation of value of the shipping

container and as a matter of transportation facihty. A manufacturing concern must necessarily, especially when dealing with other than

food products, use various-sized shippmg receptacles.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 81

A modification of this view is that held by some who believe that

all commodities should be sold only by weight and in no other way.

Such again is the view of those who have not looked into the method

of producing either natural products or manufactured products.

Among those who hold such views are also found two elements: First,

the element of impossible enforcement, and second, the shirking or

shifting of responsibility of enforcement. This is illustrated in the

barrel law which was introduced in the last Congress and which the

introducer informed me was drawn by the Bureau of Standards. This

bill in essence stated that any weights and measures official finding any

barrel which contaias fruit should confiscate the barrel, but should not

disturb the contents. The bill actually stated '

' destroy," but to take

the staves away from a barrel of any kind of a fruit would necessarily so disturb the iruit that it would be destroyed. It would have been

fairer and sincerer if legislation had been proposed to stop the launching of other barrels than those defined as containing a certain multiple

of capacity standards or by its linear dimensions. In this bill the

responsibility of enforcement was shifted from a Federal bureau

which sought to estabhsh the regulation. Tliis is simply given as one

of many illustrations of such legislation which is proposed. Generally

such legislation estabhshing certain standard packages is useless, and

where such legislation is enacted it should only be enacted after commercial custom, or, if you will, trade custom, has found that it is the

only practical solution. Where a trade custom is really a trade

custom it should be legalized to prevent the few who may be inclined

to be unscrupulous to take advantage. The decrying of all trade

custom is vicious. It is a matter oi universal trade custom that

milk sold in retail is sold by standard liquid measure, such as quarts,

pints, and gallons, but it would be inefficient and unjust to require

that all milk be only sold by such measure, because, as a matter of

fact, millc in large transactions is almost always sold by definite

specification of weight, fixing the price by the percentage of milk fats.

2. We now come to the second view. The second view maintains

that a definite representation in easily understood, and plain terms

shall be made of now much is sold, of whatever the commodity, and

that irrespective of the size or shape of the container that if such a

definite representation is made there is no element of fraud. Consequently no one is injured, and it is a fair, equitable transaction, and

leaves the individual free to choose. This view in nowise interferes

with existing standards of package, in nowise injures the capital

invested in automatic machinery, out does enable the purchaser to use discretion, and does allow the producer to know which is fair and

which is unfair competition.

It was in connection with this last view that when Congressman

Mann introduced the pure-food biU several years ago I wrote to Congressman Mann, and also to the Biu*eau of Standards, suggesting

that the wording which was therein contained be changed so as to

include also the term "numerical comit;" that in any commodity

that was dealt in there were only three ways of determining the

amount—first, by weight; second, by measure; and third, by numeri28670°—14 6
82 BUEEAU OF STANDAKDS.

cal count. Such suggestion was incorporated in the bill as it was

enacted into Federal statute on March 3, 1913.

It is along the lines of this second form of legislation that the salehy-definite-representation biU was drawn up by me and passed by

the legislature of the State of New York in 1912. The bill is essentially the same bill which I had recommended and caused to be introduced for several years, in fact, since 1907, and it would not have

passed, even in 1912, if it had not been for the efforts of all the

weights and measures officials of the State, and primarily for the

effort and work of the introducer, Mr. Franklin Brooks, and for the

cooperation of Senator T. D. Sullivan. It needed the help that was

received from a number of business organizations and civic bodies,

particularly the Federation of Women's Clubs, and more particularly

the Rainy Day Club, of which Mrs. A. M. Palmer is president.

The New York State statute relates to representation of the quantity sold. This statute, which has been called a "content of container law," which has been called a "net weight law," is in essence a

statute requiring that a representation must be made of how much is delivered. In its apphcation it refers to food products, dry goods,

hardware, and any commodity bought or sold. Furthermore, it does

not apply only to package goods, but to any kind or form of commodity. If it is containers or packages, these must be marked, and if the goods are sold in retail a representation must be made by a tag,

ticket, or label attached to the goods showing to the customer how

much is dehvered, and this is very essential, because it is very questionable whether any statute in any State or any ordinance in any

city relating to weights and measures would hold if it were not also

required that a definite representation should be made. The statute

recognizes the only three ways in which commodities can be sold,

namely, by weight, by measure, and by count. The statute recognizes that any person selling any commodity must have a reasonable

variation, because there is no such thing as absolute accuracy. The

statute also recognizes that any legislation affecting business is for

the protection of all, producer, distributor, and consumer ahke, and

it should be for the protection of honest business rather than for the

purpose of harrassing business by showing a big accumulation of

penalties. Some who have ulterior motives or narrow minds are in

the habit of prating about protection to the consumer, and that the

manufacturer and producer can look out for themselves, but this

statute is not designed to be used for sensational purposes of "swatting" the manufacturer or the producer or the distributor, but is

designed to require fair and honest business dealings, whether large or small.

Under the provisions of the statute the superintendent of weights

and measures estabhshes regulations with the cooperation of the

chief or principal weights and measures officials of the cities of the

first class. My idea is that any regulation of that kind which affects

business should be the cooperative effort of several, and not be by

only one, because if by only one it may become a matter of poHtics,

and if not of poHtics it will become a matter of the administrative

ofiBcer getting into a rut. We have too many illustrations of that
EIGHTH CONFERENCE OF WEIGHTS AND MEASUEES. 83

already, particularly in the present tendency toward centralized and

bureaucratic government. It is not necessary here to go into the

details of aU. the regulations, but suffice it to say that the preUminary

regulations which have been formulated have been formulated under

the same policy in which I formulated the specifications for commercial weighing and measuring devices and which latter I tried for

several years to get these conferences to take up in a similar manner,

and finally the president of this conference did appoint a committee.

In these specifications for commercial apparatus the manufacturers

were consxilted, and the matter was freely and openly discussed. In

the regulations under chapter 81, Laws of 1912, data is taken directly

from the goods as sold or the goods as put up, and always, even

though the variation in some cases may seem excessive, the ultimate

value to the consumer, the state of advancement of the art, or the

Erocess has been taken into consideration, because it certauily would

e economically wrong to attempt to establish a variation so small

that although it would be possible it would, from an economic standpoint, considerably increase the cost of production, and therefore

mcrease the cost of the product, and necessarily its seUing price,

without any accompanying ultimate advantage.

It involves a great d.eal of work to formulate fair and reasonable

regulations, and if we have erred it is rather to err on the side of simplicity and Hberahty. The basis of aU the regulations formulated is

that a commodity which is a solid shall be sold by weight, if possible, or by dry measure. Where generally commodities are sold by weight

they shaU be sold by weight. Liquids may be sold by weight or by

fluid measure. Commodities which appear as a unit in the state of

nature or manufactured commodities which are not divided into parts

when used may be sold by weight or by numerical count. As a concrete illustration of these last I will cite vegetables, eggs, etc., which

appear as a unit in the state of nature, may be sold by numerical

count. PiUs, capsides, etc., which are not separated for use, may be

sold by weight or by numerical count. There is no benefit to be

gained by seUing such commodities only by weight. In wholesale

they are generally sold by weight and in retail the}^ are sold by numerical count as a matter of economy and convenience.

In conclusion I wiU state that chapter 81, Laws of 1912, of the State

of New York, known as the Brooks law, is the broadest weights-andmeasures statute which I believe exists anywhere. Statements have

been made that its pro\dsions are permissive but not mandatory.

Such statements are false—the provisions are decidedly mandatory.

Any weights-and-measures statute, whether it be called " content of

container" statute or "representation of sales" statute, seems to me

to be unreasonable and unjust unless it covers aU commodities irrespective of whether they are food products or others; in short, it should not apply only to food products; second, is unreasonable and

unjust unless the person who formulates any regulations under such

also assumes the responsibility; third, is unreasonable and unjust

unless it puts the burden of responsibility on the person who launches

the commodity; in short, it seems to me to be ethically wrong to

prosecute the man who acts simply as a distributor, for instance, of
84 BUREAU OF STANDARDS.

canned goods, for what may be contained in a can, unless it can be

most clearly established that he purchased the goods from the manufacturer or had them made for the purpose of fraud ; fourth, it would

be unreasonable and imjust not to allow reasonable variations and

to restrict absolutely the putting up of commodities in only definite

size containers or to require that they be marked only in a certain

definite way.

Any statute which applies to the sale of commodities which wiQ

embody the above features wiU be a fair and equitable statute and

wUl be helpful to honest business and wiU be helpful to the consumer.

I am firmly convinced that any statute which does not embody them

wUl be only partially successful. If I can be of any assistance to any

of the delegates here, or any weights-and-measures oflicial should want

a statute similar to the one discussed above, I wiQ be very glad to take

up any of the himdreds of details or give any data relative to the same

which I have. You will also get assistance from a great many of the

business men, large and small, and a great deal of assistance from civic

bodies. These latter will give the greatest amount of assistance if you convince them of the correctness of the principle involved, based

upon definite data shown by concrete visual examples. You will also

get assistance from State and city weights-and-measures officials who,

as a rule, are not afraid to come forward and advocate that which is right and believe in the cooperative spirit of helping one another.

Of course if you advocate a measure which is as broad and as all- embracing as the statute which I have been discussing, you will naturally make a number of enemies, firstly, among the crooks, and sec- ondly, among the cranks. You wfil find that the crooks and the

cranks are not labeled so that "he who runs may read," and many of

them are friends of those in power or are friends of friends of those

in power. A recent experience of the weights and measures department of the State of New York and myself personally substantiates

the above statement. Coming from a clear sky, the weights and

measures department was severely criticized by the governor of the

State. It is my personal opinion that his excellency the governor

was imposed upon with mismformation furnished him primarily by

some wno do not want the above-discussed statute; by some who

wrote letters in response to an appeal by a certain New York City

dealer who has conscientiously and consistently opposed anything

except his own views, and who was the one who in a magazine published' by him called Mr. Walsh, Mr. Quinn, Mr. Stephenson, and

myself the four most incompetent men that could be found to formulate regulations under a business statute, again chapter 81, Laws of

1912; by those who are either jealous or antagonistic to me personally; by injudicious statements of some in official position. As far as the attacks on me personally went I cared not, but I do believe

that the weights and measures and quantity are of sufficient importance not to have the work throttled by submersion in a larger department, primarily concerned with totally foreign matter, or abolished.

The work is too important for the every day protection of business,

large and small. At this time I wish to express my appreciation of

the interest taken by every weights-and-measures official of the State
EIGHTH CONFERENCE OP WEIGHTS AND MEASURES. 85

of New York, by the press of the State, by the various business and

civic organizations of the State of New York, and by the weightsand-measures officials of other States in the matter of retaining a

weights and measures department.

If the delegates here when they go home advocate a broad, fair,

equitable statute relating to quantity, and more particularly if they

should advocate one which would have as its basis definite written

or printed specifications for both quaUty and quantity for all kinds

of commodities, they will have the support of all honest business,

the substantial civic organizations and the consumers, and when they

have that they need not mind the snapping or the barking of the

crooks or cranks however big, however powerful in money or position.

Of course the person who advocates such a measure may ''get lost

in the shufile, but we should be broad enough to look beyond that

and advocate the right principle.^

FEDERAL BEGnLATION OF WEIGHING AND MEASTTBING

APPARATUS.

By J. L. Walsh, Commissioner of Weights and Measures, New Ybrh City. Read by

F. H. TiGHE, Deputy Commissioner of Weights and Measures, New York City.

It can be easily realized that in the United States to-day there are thousands, nay hundreds of thousands, of inferior grades of scales,

weights, and measures being sold and used on the market, all of

which in the original instance should never have been permitted to

be sold, much less used.

We, gathered here to-day, are the ones who have absolute

knowledge of the situation, and how well we know that in the vast

number of cities and States of our great Union there is no semblance

of control or regulation, and into these localities are dumped all the

inferior grades of weighing and measuring apparatus. The result

therefore is that the merchants of even those cities which have

equipped themselves with weights and measures inspection forces

are bound to be in receipt of and see in use faulty apparatus of

the kind noted above.

When I assumed the commissionership of the mayor's bureau of

weights and measures of the city of New York I found its inspection

force struggling with the problem of enforcing an ordinance that

1 In as muoli as the above paper was only read by title and no opportunity was offered for discussion when it was presented, it seems but proper that certain statements in the paper should not be allowed

to go unchallenged.

The author states that "It is a matter of chronological record that the awakening of the importance of weights and measures in other States and in the Federal Government itself came only with the work that

is being done in New York State." This is not correct. Massachusetts was doing very effective work a number of years before the State of New York made any provision whatever for the inspection of commercial weights and measures, and as a matter of fact the activity of this State furnished one of the most

powerful arguments in interesting the officials of the State of New York in the subject when the question

of securing better and uniform weights and measures laws was originally taken up by the bureau with aU the States. The second statement that should be corrected is that in regard to the penalty clause In the barrel bill. The bureau did not draft either the barrel bill or the penalty clause of that bill, and it is not therefore

called upon to defend either. The Bureau of Standards was consulted from time to time by the members

of the Committee on Coinage, Weights, and Measures and others interested in having the dimensions of the barrel fixed. However, the clause objected to by Dr. Reichmann did not state that the apples in the barrel should not be disturbed by the inspector, out it merely stated that the barrel should be confiscated or destroyed. The very simple and evident duty of an inspector under such a law would be to empty the apples out and confiscate the barrel, and that is exactly what was intended by the author of the

clause, who contended that the loss and inconvenience of such a procedure would be quite sufficient to prevent a second violation of the law.—Seceetaey.
86 BUREAU OF STANDARDS.

required all manufacturers of weighing and measuring apparatus

to nave such apparatus inspected and sealed by the mayor's bureau

of weights and measures before it could be offered for sale, given

away, or sold in the city of New York. I realized, first, that the

manufactTirers of these instruments were placed at a disadvantage

and retarded in the sale of their product, owing to the inadequate

force of inspectors necessary to keep up with the demand for sealing

such apparatus.

Second. That among the twenty-odd men engaged in this work of

testing and sealing there was the likehhood of twenty-odd opinions as

to what was a proper scale, weight, or measure to be sealed; that there

could be no fixed responsibihty against any particular one of these

individuals as to what might be deemed an inferior grade.

Third. That there were no organized or specific methods by which

the manufacturer could be guided in order to give proper instruments

or apparatus into the hands of the inspectors for such testing and

sealing.

Fourth. That of my own knowledge I knew there were thousands

of scales of false construction sold in the city of New York, not that

I believed they were falsely constructed by design but rather by virtue

of strict shop economy to meet competition.

Fifth. That the very object for which the biu-eau was intended

that is, the testing and sealing of weighing and measming apparatus

in actual operation—was entu*ely neglected, and that there was no

protection whatsoever against the unjust and criminal manipulation

of same. With these conditions in mind, a problem was presented as to how

the merchant and purchasing pubhc could best be protected by the

mayor's bureau of weights and measures. I concluded that the

best protection that could be given to the citizens of the city of

New York was to guarantee first to the merchant a properly constructed scale, weight, and measure with which to weigh out and

dispose of his commodities, and then to see by inspection and reinspection that it was kept in order and always under the scrutiny of

our inspection force.

To do this it was necessary that authority be given to me, which

resulted in the enactment of the following ordinance:

No person, iirm, or corporation shall sell, offer for sale, or give away any weights,

scales, beams, measures of any kind, or the tools, appliances, or accessories connected

with any and all instruments or mechanical devices for weighing or measuring, intended

to be used for the purchase or sale of any commodity or article of merchandise, or

for public weighing, within the city of New York imtil a type or types of said weights,

scales, beams, measures of every kind, or the tools, appliances, accessories connected

with any or all instruments or mechanical devices for measurement or public weighing

with the specifications as to construction shall have been submitted to and approved

by the commissioner of the mayor's bureau of weights and measures. The commissioner shall when said types are approved designate a serial number, which serial nxmiber shall be used in identifying the type approved. A record of the serial numbers and to whom furnished shall be kept in the office of the commissioner of the

mayor's bureau of weights and measures. Any person, firm, or corporation who sells, offers for sale, or gives away within the

city of New York any weights, scales, beams, measures of any kind, or the tools,

appliances, or accessories connected with any and all instruments or mechanical

devices for weighing or measuring, intended to be used for the purchase or sale of
EIGHTH CONFERENCE OF WEIGHTS AND MEASUEES. 87

any conunodity or article of merchandise, or for public weighing within the city of New York, that do not comply with the specifications and type submitted and

approved by the commissioner of the mayor's bureau of weights and measures, as provided in this section, shall be liable to a penalty of $100 for each and every such

offense. When the foregoing became a section of the city ordinances I

immediately concluded that I must equip the bureau in a manner

which would appeal to the scientific and technical sense of weighing

and measuring apparatus manufacturers. There was created a mechanical division in the boroughs of Manhattan, Brooklyn, and

Queens. To each of these divisions there was assigned an inspector

of 12 years practical experience in scale inspection, men who by their

very actions had shown to me that they possessed mechanically

developed minds. In each of these divisions was placed the most

accurate instruments for the purpose of testing that could be purchased in the United States or Europe.

With this equipment installed, and preparations having been

scientifically made for handhng this problem, the next thing was

to bring to the knowledge of the manufacturers of these instruments

notice of the fact that for noncomphance with the aforesaid ordinance the penalty would be strictly enforced. Their visits as a

result of this notice brought the manufacturers to the realization

that we had equipped ourselves for this work, and be it said to their

credit they immediately responded and submitted their apparatus

for test. Manufacturers that did not comply with the specifications

adopted by this bureau were made to realize it by the condemnation

of their instruments in the mechanical divisions and by the inspection

force in the field. And the merchant and purchasing pubhc were

gradually educated to the point that only such instruments bearing

the serial number of the mayor's bureau of weights and measures

were permissible for use in the city of New York.

Nowhere in the United States has this experiment ever been made,

and nowhere in the United States could this experiment have been

better made than in the city of New York. And its success—of

which there is absolutely no question—has shown the practicabihty

and necessity of national regulation.

I beUeve that the control of the mechanism of weighing and measuring apparatus should He with the National Government, and so let

it be known to all weighing and measuring device manufacturers.

One can readily appreciate up to date that with the activity of the

mayor's bureau of weights and measures of the city of New York,

the state department of the State of New York, the departments of

weights and measures established in the States of Wisconsin, Minnesota, New Jersey, and Vermont, wherein each State ofiicial has direct

power to make rules and regulations, with the English Government

requiring one type, the Dominion of Canada another, Mexico, Japan,

Austria, France, and Germany stUl others, and gradually the adoption

of similar or different regulations in each of the States of our Union,

quickly you can realize how soon the weighing and measuring apparatus manufacturer will seek national legislation for the protection

of his capital and mechanical genius. And there let us hesitate.
88 BUBEAU OF STANDARDS.

It should be the first principle of every weight and measure official

to have before his mind the mechanical genius engaged by scale

manufacturers and the capital behind it which must be protected by

our Government.

With this in mind, realize the adoption of weighing and measuring

apparatus regulations by every State in the Union. Then realize the

probable and most Hkely variances of the human mind in control of

these different regulations.

Then realize the manufactm-er whose business has developed into

an export and interstate line, and you will readily realize the chaotic

condition of the manufacturer in trying to comply with these regulations. Therefore let us be careful in the introduction of legislation

that we as officials in the protection of the merchants and purchasing

pubHc try for the promotion of laws which shall best protect capit^

and mechanical genius in its honest distribution.

I believe that the time for control and supervision of weighing and

measuring apparatus by the National Government has arrived.

I believe that the now great scale business of the United States of

America is in its infancy. Therefore, as with every industry that

starts to grow, there come laws and regulations governing that particular industry. And what do we find, and whom do we find best

organized for the protection of this industry and the purchasing

pubhc ? Right before our eyes lies the National Bureau of Standards

of the Department of Commerce, with its practical and scientffically

trained minds, which with a constructive law giving to it the authority

to pass on types of weighing and measming apparatus, giving thereto

a stamp of approval by designating mark, same to be published and

distributed throughout the different States of our Union, with the aid

of the United States Customs Department, to see that false apparatus

manufactured in foreign countries, but prohibited from sale or use in

such foreign countries, prevent same from being diunped into this our

o^wn country, wiU be the solution for the abolition from sale of defective weighing and measuring apparatus.

I believe that Federal control of weighing and measuring apparatus

must come, and it is the only proper solution for the scale industry.

And in that I talk to the manufacturers themselves, because they can

realize that this legislation is bound to come in either State or National

form. And those of the industry who are using their capital and

mechanical genius for the invention and the betterment of proper

apparatus can best be protected by the enactment of national rmes

and regulations for the manufacturing of such apparatus.

I believe that when commodities are sold upon which the human

life is dependent for sustenance, that it should be measured on the

most accurate scale that mechanical genius can develop, and that if the housewife is going to check the pm-chases from the merchant she

must do so upon a scale that is as reliable and as accurate when used

for the purpose of comparison.

If I am correctly informed, there is contemplated the introduction

of a law giving the Biu-eau of Standards the control and preparation

of regulations governing the sale and offer of sale of weighing and

measuring apparatus. There is absolutely no question as to the
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 89

necessity and justification of this legislation. And the only issue

which may arise is that of State control over this subject.

If I have not been clear in my discussion as to why this should not

be, then I fail in the puiMDose for which this paper is intended. But

if such legislation shouW reach the position of argument—of which

there should be none—before the committee in the national body

having control of such legislation, with the permission of his honor the

the mayor, William J. Gaynor, who has been foremost in the promotion of legislation and honest endeavor for the protection of the merchant and purchasing public, I shall expect that the gentlemen in

charge of the National Bureau of Standards will see that I get my

proper day before such committee to advance arguments, if they be

necessary, on this now all important subject.

Mr. TiGHE. Mr. President and gentlemen, on behalf of Commissioner Walsh I wish to thank you for your kind attention.

DISCUSSION.

Mr. Keach. Mr. Chairman, I wish to put one or two questions to

my colleague from the State of New YorK, just to clear up a matter

which I hope wiU be of information to all the States. I would like to

ask Mr. Tighe if in his experience in the city of New York the merchants do not use the wine measure very frequently. Have you discovered any such violation as that ? Mr. Tighe. In answer to that I would state that the merchants of

New York City use only serialized apparatus which are of stanjiard

capacities.

Mr. Keach. Even so, but substituting one for the other?

Mr. Tighe. That is contrary to our law, and the citizens of New

York reahze that it is contrary to law, and they do not use measures

where they should not. Am I plain in my answer ? Mr. Keach. Are you an inspector ? Mr. Tighe. I am deputy commissioner, but I have had 12 years'

field experience.

Mr. Keach. Do your deputies attempt to find out about that?

Do you have any complaints from customers and consumers ? Mr. Tighe. Why, that is the ordinary work of the inspectors; and

where they find such a condition existing the merchant is penalized.

Mr. Keach. Have you collected fines of that character ? Mr. Tighe. We have collected thousands of dollars in fines in New

York City.

Mr. Keach. All right- that is all. The Chairman. For the sake of those who were not here last year,

let me say that the bureau has always favored national legislation

along these lines. A few years ago a bill on this subject was introduced. What opposition there was came from some manufacturers

who probably did not understand that it must come sooner or later.

However, the real difficulty is that with the change of administration

there is a new committee—and an excellent one with an excellent

chairman; but they are a little diffident-about taking' up this matter.

Now, we nave already decided that we would have this bill introduced
90 BXJEEAU OF STANDAEDS.

and push it, but it can not be done at this special session because

committees have not been appointed; and it may be that the bureau

will wish to caU upon you for assistance. In fact, we surely wiU; and

when the time comes we hope that all of you will do what you can to

assist in getting this bill through, I can hardly beheve that there wiU

be any objection whatever to such legislation, although some did

develop the last time. Undoubtedly tms legislation must come.

TESTING OF DRY GAS METEBS.

By M. H. Stulman, Assistant Physicist, Bureau of Standards. '

I, OUTLINE OF METER-TESTING METHODS AND CONDITIONS FOB

ACCURACY.

Since the ordinary consumers' dry gas meter measures the volume

of gas passing, the most direct and natural way to test this type of

meter is to pass a known volume of gas through the meter and notice

whether the indicated volume is correct.

The present methods of accomphshing this consist generally in

either

(a) Supplying the testing medium to the meter under test from a meter prover.

(b) rassing the testing medium (air or gas) through a standard

meter and the meter under test, in series.

In order to obtain correct results by the use of the above methods

the following conditions are requisite

(a) When using a prover, the prover shall correctly indicate the

volume of testing medium delivered by it. (6) When using a standard test meter, this meter shall correctly

indicate the volume of testing medium delivered to it or dehvered by

it according as the standard meter is on the outlet side or the inlet

side of the meter under test.

(c) When using either prover or standard meter, there must be no

appreciable change in volume of the testing medium during its passage from the standard apparatus to and through the tested apparatus.

In order that the above-hsted three requirements be fulfilled ^

(a) Meter provers or standard test-meters must be correctly calibrated.

(b) The testing medium (air or other gas) and every part of the

system which might influence the temperature of the testing medium

during the test must be at the same temperature, and this temperature must remain constant during the test.

(c) The mass of gas which is measured successively by the standard

instrument and the instrument under test must be at practically

constant pressure. Inasmuch as dry meters at normal rate operate

with less than one-half inch (of water) loss of pressure, the changes

in volume due to variations in pressure are usually negligible.

'It Is of course impossible to comply absolutely with these requirements, and practically it is not necessary. The approximation to the conditions stated in these requirements that is necessary for commercial

work will be discussed later in the paper.
EIGHTH CONPEEENCE OF WEIGHTS AND MEASURES. 91

((?) The testing medium must not during the test absorb or lose

any vapors or other gases which may change its volume appreciably.

From this last statement it is evident, (a) that the presence of any

liquids of high vapor pressures at any part of the system touched by

a testing medium unsaturated by the vapors of those Kquids, must be

taken account of and prevented, if possible; (h) that any hquid in

contact with the testing medium must be so related to the latter that

it will not absorb any appreciable volume of it. Frequent reference to the above-mentioned sources of errors and

the precautionarv measures to be taken in their avoidance will be

made in what follows.

The method of testing consiuner's meters on the premises, using a calibrated meter for the purpose, has not met with favor from those

who have had experience with it and has been strongly condemned

by some. Inasmuch as the meter-prover method is rapid and also

accurate when reasonable precautions are taken in its use, this method

is the one almost universally used at the present time for the testing

of consumer's dry gas meters. _ We will therefore immediately pass

on to a discussion of meter testing—or meter proving as it is usually

called—by the use of the ordinary type of prover. The testing of

meters by this method involves their removal from the consumer's

premises to a station equipped with the necessary testing apparatus.

II. METER PROVERS AND ACCESSORIES.

The type of prover used most extensively in this country is generally known as the "Standard" (fig. 1) and is usually made in 2, 5,

10 and 20 cubic foot sizes. The smaller gas companies usually require

only the 2-foot size of prover; but when many meters larger than the

10-light size are to be tested a 5-foot prover is preferable. Only in

large cities or under exceptional conditions is it necessary to have

larger than a 5-foot prover.

Comparatively recently there has come into use in this country a

variation of the "Standard" type of prover known as the "Automatic" (fig. 2). Provers of this type are used to test meters by

measuring the volume of gas passing through the meter for one revolution of the meter tangent. To this type of prover the meter is

usually connected by a semiautomatic clamp connection, and when

one revolution of the tangent has taken place the prover outlet is

automatically closed.

The "Standard" type of prover is so well known as to require little

description. There are, however, provers on the market which have

certain features contributary to convenience and accuracy which

recommend them above others, and it is desirable that we mention

the more important of these.

The tank is often made annular in order to reduce the amoimt of

water needed to fill it. This permits the prover to assume room

temperature more rapidly, allows more rapid filliug and emptying,

and makes the whole apparatus less heavy. The air passage from

the beU leads down through the center oi the core and up on the

outside of the tank. The beU is usually made of copper or galvanized
92 BUKEAU OF STANDAEDS.

iron. The copper bell though initially more expensive is considered

by some to be m the end the more economical because of its greater

resistance to corrosion. Another advantage claimed for the copper

or brass bell is that, if kept well pohshed and sHghtly oiled, practic^y

no water will adhere to its surface.

In some of the more recent designs of provers the tank is raised

from the floor by legs with screw feet. This facihtates the leveling

of the apparatus and by allowing the free circulation of air imder the

prover the lag of the temperature of the prover and contents behind

that of surrounding air is reduced. This construction also lengthens

the life of the prover by preventing the accumulation of moistm-e

upon the underside of the tank and the consequent corrosion.

Some provers of the later designs have their pressure gage con- veniently placed at about the level of the observer's eyes instead of

down at the valves as is usually the case. When so located the

pressure gage should be connected to a point outside the outlet cock

by means of a small metallic tube which must be free from leaks.

The thermometer for indicating water temperatures is sometimes

held by a bracket in a convenient position, only its bulb dipping into

the water. The thermometer for indicating air temperatures should

be placed near the pressure gage at about eye level in order to

facilitate the taking of readings.

The almost universal practice at the present time is to use water as a sealing Uquid in the prover tank. A cock is provided at the bottom

of the tank to draw this water off when so desired. More will be said

later as to the use of water as a sealing liquid.

As was stated in the first few paragraphs of this discussion of meter

testing, it is absolutely essential that we know to a high degree of

accuracy the volume of the testing medium passed through the meter. The volume of a given mass of a gas under constant pressure

(the gas in the meter-prover bell is at constant pressure) is dependent

upon the temperature of the gas and the amount of other gases (water

vapor for example) that is mixed with it. These facts must be constantly kept in mind when installing and testing meter provers and

meters.

The makers of meter provers usually, if not always, furnish instructions for setting up their apparatus, and these should of course be

followed to insure the correct assemblage of parts. In order to guard

against undesirable changes of volume of the testing medium in the

prover beU care must be taken to protect the prover from the radiation from stoves, radiators, or other heat sources. Neither should

simlight be allowed to fall directly upon or very near the prover. The

prover should also be well protected from drafts of every kind, for

even the movement about the prover of air at the temperature of

the other air of the room may imder some conditions cause changes

in the temperature of the air in the prover bell. The meters which

are compared with the prover must also be at the temperature of the

prover. A difference of temperature of 2° C. ( = 3°.6 F.) between

the prover and meter may cause an error of 1 per cent.

Siace the prover should be at the same temperature as the air of

the room, means should be provided for conveniently changing the


EIGHTH CONFEBENCE OF WEIGHTS AND MEASURES. 93

temperature of the water in the prover tank. This is commonly done

by adding hot or cold water to the water in the tank and withdrawing

an equal amount of the original water. Sometimes means are provided for injecting either cold water or steam into the tank and

removing the required amount of water by providing the single inlet

valve with suitable steam, water, and sewer connections. Great

care should be taken that the water in the tank is thoroughly mixed

before comparing the temperature of the prover with that of the air

of the room.

It is necessary to arrange at one side of the prover a bench or table

on which meters may be placed during the test. If one man uses two

provers, the bench may be placed between these and the two meters

under test at any one time are thus conveniently near the operator.

The hose for connecting meter and prover should be supported in

such a manner that it will not become so cramped as to be rumed after

only a short period of usefulness. A supporter is generally provided

with the prover, which serves the purpose very well.

Care should also be taken to insure that the circular shde valve be

kept in good condition. In order to do this, it should be kept well

greased and free from grit, for if grit is allowed to gather and remain,

leaks will certainly result. The cap usually furnished with meter

provers should therefore always be kept over the circular slide valve

when the prover is not in use. The other valves must also be kept

clean and well oiled.

When the prover is not in use, the bell should, if possible, be always

raised completely out of the water in order to prevent unnecessary

corrosion. This precaution is especially important with those provers

provided with galvanized-iron bells. The water in the tank should be

kept clean and all surfaces of the prover should be cleaned frequently.

The inside of the tank and outside of the bell of galvanized-iron provers

should be kept well painted, but the inside of the bell should not be

painted.

Care should be exercised to insure that the chains attached to the

counterweights are flexible and lie smoothly upon the wheel and

cycloid and that no binding occurs in the moving mechanism. It is a simple matter to determine whether the prover bell operates without excessive friction. Assuming that both of the prover counterweights have been correctly adjusted in the manner hereafter

described, vary the wheel counterweight—the larger counterweight

until the pressure gage indicates that the pressure within the bell is

one-tenth inch of water. Then with the bell in its highest position,

open the circular shde valve and, if there is not undue friction, the

bell will descend steadily and smoothly to its lowest position.

The counterweights should of course be such that the pressure

appHed to the air in the bell will be constant—usually 1^ inches of

water—irrespective of the position of the bell and therefore of the

amount of air in the bell. It may be well to describe here the method

of properly adjusting the two counterpoise weights. The function of

the cycloid and attached weight is to compensate for the buoyant

effect of the water in the tank upon the metal of the prover bell as the latter sinks into the water. Then to determine whether the corI
94 BUREAU OF STANDARDS.

rect weight is attached to the cycloid, open the circular valve and

with the bell in any position, weight the other counterweight until

the bell will neither rise nor fall when left to itself with the valve open.

If the cycloid and cycloid counterweight are correct, this state of

equiUbrium will continue with the bell at any height relative to the

tank. If this condition is not fulfilled, adjust both counterweights

until it is. It is apparent that if the valves into the bell be either

closed or open, atmospheric pressure obtains within the bell. This

should be remembered, as reference will be made to it later. Now, if it is desired to maintain a certain pressure above the atmosphere

within the bell, remove weights from the other counterpoise (the

wheel counterpoise) until the manometer shows the correct reading.

In making this last adjustment, all valves except the outlet valve

beyond which the manometer is connected, should be closed and the

outlet pipe beyond the manometer connection also stopped up. The

pressure in the bell should now be the same irrespective of the

amount of air in the bell; or in other words, irrespective of the height of

the bell relative to the tank.

TESTING THE PROVER FOR LEAKS.

If there is sufiicient time available, the test for leaks is preferably

made in the following way : The bell should be filled with air or other

gas and allowed to stand until this contained gas is saturated with

water vapor and the outside of the bell is thoroughly dry (this may

take a couple of hours). Then discharge the air or gas from the bell

until the scale on the bell indicates 1 cubic foot remaining. Now

leave the bell in its supposedly air-tight condition over night or for

24 hours. In this way, a very small leak will allow all, or a very large

part of the air or other gas contained in the bell, to be discharged. If

there is not a decrease of more than 7 or 8 per cent of the volume contained in. the bell the night before, and the temperature is not more

than a few degrees different, the leakage, if any, may be considered

neghgible for ordinary testing purposes.

If the test outlined above can not be made on account of lack of

time, a shorter test can be made, provided that the temperature of

the room remains constant within a half degree Fahrenheit for about

20 minutes. Saturate the air of the bell and dry its outside surface

by allowing it to stand as in the above-described method. Then run

the bell down to within about an inch of its lowest position, close all

prover valves, and if in 20 minutes no easily appreciable lowering of

the bell takes place, it is usually safe to assume that no serious leak

exists.

Although practically all provers sold are carefully calibrated by

the manufactmrers, it is not always safe to rely upon the tests

thus made. For official use in meter testing it is absolutely essential

that the prover be cahbrated by the inspector in order that he may

be able to certify his results. Except in small cities where very few

meters are tested, the meter prover should be occasionally tested

by comparison with a cubic-foot bottle which has been certified by

the National Bureau of Standards.
Weights and Measures

Fig. 3.

Cabinet type cubic-foot bottle.

EIGHTH CONFERENCE OF WEIGHTS AND MEASUBES. 95

III. THE CUBIC-FOOT BOTTLE.

Two types of cubic-foot bottles are commonly employed in this

comitry—the cabinet type, one form of which is shown in figure 3 ; and

the immersion type, a form of which is shown ia figure 4. Either

type of bottle discharges a cubic foot of air by displacmg this volume

by an equal volume of water; the difference between the two types

lies in the method by which this displacement is accompfished. The

cabinet type of bottle remains stationary during the test, and no

water touches the outside of the bottle. The immersion bottle, on

the other hand, is filled and emptied of air by being alternately raised

and submerged ia a tank of water; it operates on the principle of the

ordinary meter prover.

The most senous disadvantage of the immersion type of bottle

in comparison with the cabinet type is that, as generally used, the

evaporation from the wet outer svuface of the former type of bottle

cools the gas inside, thereby decreasing its volume and so mtroducing

inaccuracies into the test. The cabinet type of bottle is a much more compHcated and expensive piece of apparatus than the immersion type. It is much harder

to clean, requires more care in lubrication and to prevent leaks in the

many connections. It is therefore doubtful that a cabinet bottle

will give greater satisfaction than the simpler and cheaper immersion

bottle. With the exercise of proper care, the last-mentioned type

of bottle may be made to give excellent results.

A modification of the cabinet type of bottle, which is usually made

only in smaU sizes, such as one-tenth or one-twelfth of a cubic foot

capacity, is shown in figure 5. This type of bottle finds its most extensive use in the calibration of experimental meters, but it can also

be used to caUbrate smaU provers. Where portabifity and simpHcity

is necessary, this type of bottle excels.

As the cubic foot (or fractional cubic foot) bottle is the basis of aU

the gas measurements made by a company or an inspector, the

accuracy of the bottle should be very well estabhshed. If so re- quested, the bottles are fmnished by most American makers after

test and certification by the National Bmreau of Standards. The

Biu*eau of Standards will also test and if correct, certify cubic foot

bottles submitted to it, whether they have been tested or certified

before or not. Such standardization is very desirable, both for new

bottles and for those which have been in service for sometime.

IV. THE CALIBRATION OF METER PROVERS.

I. GENERAL CONSIDERATIONS.

As stated before, water is almost universally used as the sealing

and displacing medium in provers and in cubic-foot bottles, so that

in this discussion it will be assumed that water is the medium used

unless the contrary is specifically stated.

The comparison of the prover with the cubic-foot bottle can be

made

1. By measuring air into the prover from the cubic-foot bottle.
96 BUREAU OF STANDARDS.

2. 3j first filling the prover and then measuring the air out with

the cubic-foot bottle.

Both methods should, of course, give the same result if the volume

of the proving mediimi involved in the test remains constant dming the

test. Since, as wiU be explained later, in bottling out of the prover the

air involved in the test can be usually kept in a more nearly constant

condition than by the other method, this method is generally preferable. It is often recommended that for each test of a prover comparisons be made both by the method of bottling in and bottling out

of the prover. Unless lack of time prevents this plan being followed,

it is well to make both forms of comparison.

Calibrations should agree with each other within three-tenths of 1 ger cent and no prover should be used unless it is correct within

ve-tenths of 1 per cent. Recahbration of a prover once a year is

usually sufficient unless the prover has been roughly handled or its

mechanism thrown put of adjustment. Wlien a State inspector

supervises company testing, it may seem impossible to recalibrate all provers once a year, but with a portable one-tenth cubic foot bottle

it is not hard to check a wet meter and then run this against the

prover at least that often. This method is not recommended except

when the regular cubic-foot bottle test can not be made, since with

ordinary care it is not capable of as high accuracy. However, by

such a test, if carefiQly made, an error in the prover of more than

five-tenths of 1 per cent wovdd be detected.

While calibrating a prover it is very desirable that the air of the

room be saturated with moisture. If the air is not saturated, special

precautions should be taken, as advised in the description of the

various methods.

In all four of the methods of calibrating a prover by comparison

with a cubic-foot bottle which are described below, it is essential

(a) That all parts of the apparatus which can affect the temperature

of the contained gas be at one temperature and that this temperature

remain constant during the test.

(b) That the air used in the test be very nearly or completely

saturated with water vapor.

2. BOTTLING OUT OF THE PROVER WITH A CABINET BOTTLE.

Some hours before calibration of the prover with the cubic-foot

bottle, the prover bell should be raised as far as possible without

unsealing it, so that the air in the bell will be fully saturated with

water vapor before the calibration and also to insure that the outside

of the bell will be dry. At this time the cubic-foot bottle should

also be filled with air by causing it to displace the water in the bottle.

The volume of air in the bottle is then connected to the volume of air

in the prover bell and the apparatus allowed to remain thus in a room

of uniiorm temperature for several hours and preferably over night.

This procedure will insure that the apparatus and contained air are

at practically the same temperature and that the air in both prover

bell and bottle is saturated. If there is a serious leak in the prover,
Weights and Measures.

Fig. 4 .Immersion type cubic-foot bottle.
Ill
EIGHTH CONFERENCE OS WEIGHTS AND MEASURES. 97

bottle, or connections, the fact will be made known by the lowering

of the bell. If, just before the test, the beU does not change its

height by an easily appreciable amoimt in five minutes, it is safe

to continue with the test. The bottle should now be fiUed with

water to the mark on the upper glass tube and enough air allowed to

escape from the prover bell to the open air to bring the pointer

exactly to the zero mark of the prover scale. The air from the prover

is then allowed to pass into the bottle until the water level in the latter

just reaches the mark on the lower glass tube, when the lower water

valve to the bottle is closed. The air in the bottle is now in the same

condition as to pressure, temperature, and relative humidity as the air

in the prover bell, so that it represents an actual cubic foot extracted

from the latter.

A cubic foot of this air in the bottle is now ejected to the open air

by closing the valve to the prover, opening the top valve leading to

the open air, and then raising the water in the bottle until its surface

reaches the mark on the upper glass tube. The valve to the open

air is now closed and another cubic foot of air drawn from the prover.

In this method of calibration, the prover is operated just as it wiU

be used in meter testing, and no change of counterweights is necessary.

If it is desired to make several calibrations of the prover in succession,

then the procediire of allowing the outside sm-face of the beU to dry off

gradually and the air inside of the beU to become gradually fully

saturated, can not be used. It has been recommended by some that

the outside of the prover beU be rubbed with oil, which to a large

extent wiU prevent the water from adhering to the surface as the beU

is raised. It is also recommended that in order to saturate the air

it be drawn into the beU over or through water. If the air of the

room in which the calibrations are carried on has been previously

saturated with water vapor by means of suspended wet blankets

or otherwise, none of the above mentioned errors due to evaporation

can occur; but this saturated condition is often very inconvenient

to attain in ordinary practice.

It is desirable that we now discuss more in detail the cause of the

errors mentioned in the last paragraph.

When the bell of a meter prover is raised from the water into

imsaturated (dry) air and at the same time this unsaturated air

is drawn into the bell of the prover, two important effects follow:

(a) The evaporation of the water from the wet outside surface of

the bell cools the metal of the bell and therefore the gas inside of it. This causes the gas to decrease in volume.

(h) The evaporation from the wet surface inside of the beU cools

the air in the bell, and simultaneously this introduction of water

vapor tends to increase the volume of the inclosed air. Experiment

has shown that the effect of the cooling is generally by far the more

important. To iUustrajte: The beU of a 5-cubic-foot meter prover

was rapidly raised and then all valves were tightly closed. For more

than 15 minutes a lowering of the bell took place, showing a total

decrease of eight-tenths of 1 per cent in the volume of the contained

mixture of air and water vapor. The volume then started to increase,

28670°—14 7
98 BUREAU OF 'STANDARDS.

and about 38 minutes after the beginning of the experiment the volxime was the same as the initial. The volume then continued to

increase for some time, until the final volume was more than fourtenths of 1 per cent greater than the initial. It should be understood that, while with the air in the room at different temperature

and relative humidity than when the above-described experiment

was performed, the magnitude and duration of the phenomena would

be varied, the above-described behavior of a meter prover may be

regarded as typical in a qualitative sense. Now, if we suppose that

instead of the same amount of air remaining in the beU durmg these

phenomena, air is being drawn out, these effects of evaporation will

still take place, but on a constantly decreasing quantity of air, so that the change in volume indicated by the prover will not be the

actual volume discharged from it; the actual volume will not be

known. The magnitude of the error due to the above-mentioned

causes depends, among other things, upon the condition of the air

surroxmding and inside the prover and upon the dimensions and

design of the prover.

3. BOTTLING INTO THE PROVER WITH A CABINET BOTTLE.

The measiu-ement of air into the prover 1 foot at a time is less

convenient than the method of bottling out as described in method 1,

since it is necessary to satxu-ate the air 1 cubic foot at a time before

measurement by the bottle or it will continue to take up water and,

therefore, to expand after measurement. Errors up to 3 per cent or even more may be made by neglecting to saturate the air before

using. Another difficulty in bottling into the prover is that, as the

beU rises from the tank wet, the cooling effect of the evaporation

from its surface may be appreciable unless considerable time is allowed

after the air enters the prover before the prover reading is taken. If

means are taken to prevent the wetting of the outside surface of the

bell, this last-mentioned source of error, of course, disappears.

Another disadvantage of this method is that the testing must be

carried on at atmospheric pressure, which involves the changing of

the bell counterweights, and thus the prover is tested under different

conditions than those under which it will be used to test meters.

The operations in the actual comparison of the prover and bottle are evidently practically the reverse of those in botthng out of the

E

rover. As stated before, each cubic foot of air must be satm-ated

efore introduction into the prover. This saturation is most quickly

and conveniently effected by drawing the air into the bottle through

or over water.

On account of the elaborate precautions necessary to obtain accurate results by the method of bottling into the prover, it is probable

that the method of botthng out will be found more satisfactory.

4. BOTTLING OUT OF THE PROVER WITH AN IMMERSION BOTTLE.

The immersion type of cubic-foot bottle, as noted before, operates

in a manner very nearly the same as the ordinary prover. The

bottle, however, has no auxiUary mechanism for maintaining con-
Weights and Measures.

Fig. 5.One-tenth cubic-foot bottle.

EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 99

stant air pressure within it and iias need of none. The method of

filling ancf emptying would seem to be so evident from the construction that no detailed instructions are needed.

Bottling out of the prover with an immersion bottle may be done

with the testing medium either at atmospheric pressure or at the

pressure at which the prover is used to test meters.

When botthng out with the air in the prover and bottle at atmospheric pressure, the bell is of com-se counterpoised, as previously

described. It is preferable in most cases to test the prover under

the ordinary worlang conditions, and in this case it is not necessary

to adjust the counterweights. When using an immersion-type

bottle in this way to measure the more or less compressed air out of

the prover, the water in the bottle will be at a lower level than that

outside in the immersion tank because of the air pressure within.

It is therefore necessary to take precautions to prevent losing any

air from the lower orifice of the bottle. A convenient method is to

make a mark on the outside of the lower neck of the bottle at a distance from the lower orifice equal to the height of the water column

(generally IJ inches) maintained by the air pressure in the prover.

Than in measm-ing air out of the prover the bottle may be raised

from the water until this mark is very slightly below the sm-face of

the water of the immersion tank, at which time the bottle is practically filled with air. In the case of bottling out with the immersion bottle, the prover

bell may be raised several hours before the test so that it will be dry

and the air inside saturated when the test is commenced. Then the

only error due to evaporation, even though the air of the room be

unsaturated, will take place by the coohng of the wet outside surface

of the cubic-foot bottle. It is probable that this error will not be

serious if the outside surface of the bottle is kept well pohshed and

slightly oiled so that very little water wiU cling to it.

5. BOTTLING INTO THE PROVER WITH AN IMMERSION BOTTLE.

This method is the reverse of the preceding, with the exception

that it is practically necessary to use atmospheric pressure in the

bottle and prover during the test. In order to accomphsh this it is

necessary to increase the wheel counterweight—not the cycloid counterweight—according to the instructions given under the description

of meter provers (p. 93).

This method has the disadvantage that the air of the room must

be completely or very nearly saturated with water vapor, or that care must be taken to have each cubic foot of air saturated with water

vapor before being measured out of the bottle into the prover and

that no water clings to the outside of the bell or bottle. Here, again,

the oil coating might be used with advantage on both bottle and the

outside of the prover beU. The errors that may occur when saturated air is not used may amount to 3 per cent or even more. The

importance of these precautions is therefore evident.

Another^ disadvantage in using the immersion type of bottle with

atmospheric pressure in the bottle and prover, whether the operation
100 BUREAU OF STANDAEDS,

consists of bottling in or out of the prover, is that the prover is tested

under difiPerent conditions than actually obtain during the test of

meters.

V. SUBSTITUTION OF OIL FOR WATER IN TESTING APPARATUS.

In what has gone before, we have assumed that water was used

exclusively as a sealing and displacing Uquid in the meter-prover

tank and with the cubic-foot bottles. We have also given the precautions that are necessary in order to get accurate results when

water is used.

In view of the errors introduced into measurements of volumes of

gases where water is involved as a sealing and displacing liquid, it

would seem that it would be a great advantage to use an oU of low

viscosity and low vapor pressure as a substitute for water. This could

be used with both the cabinet and immersion types of cubic-foot bottles and also in the prover tank. The advantages of this would be

1. All errors due to change in volume by the introduction of a

vapor into the testing mediimi would be avoided.

2. Errors due to a change of volume caused by the cooling effect

of evaporation on the outside surface of the bottle and prover bell

would also be avoided.

3. The specific heat of the oil being much less than that of water,

the temperature of the prover and contents would more closely follow that of the air of the room.

4. The testing apparatus itself would not be injured by the sealing liquid, but rather preserved in good condition.

Thus the cubic-foot bottle and meter prover could be compared

with much greater accuracy and far less trouble than when water is

used. Also, the errors in actual meter testing could be very largely

reduced, since no imdesirable change of volume of the air (assuming

the temperatiu-e of the room constant) would occur. The Bureau of Standards will soon take up the problem of finding

an on suitable for use in meter-testing apparatus.

VI. COMPARISON OF METERS WITH METER PROVER.

Having made sure that the prover is sufficiently acciu-ate, the

meters may now be compared with the prover, which operation constitutes the actual testing of the meters.

Since the object of testing meters is to determine the volume of

gas dehvered to the consumer, it is very desirable that the meters

be tested as nearly as possible under the actual working conditions.

Of course, the ideal way would be to test the meter on the consumer's

premises with the gas delivered at that point, but since this is impractical, the attempt is made to approximate these ideal conditions to

a greater or less extent. In doing this the conditions are generally as

follows:

1 . Meters are generally tested with the testiag medium at the inlet

at a pressure of 1^ inches of water.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 101

2. Most meters, especially if not properly adjusted, give different

results depending upon the volume of gas passing through them in

unit time. For this reason, it is usual to test at "normal rate" and

sometimes at twice and one-third this normal rate.

3. Gas is sometimes used as the testing medium, although air is

more generally used. The use of gas for this work is increasing.

As has been emphasized before, m comparing volumes it is neces- sary that the unit of measure remain the same during the operation,

that is, the volume of a given mass of the testing medium shall re- main constant. It is thus of the utmost importance that the meter

to be tested be at very nearly the same temperature as the prover and

contents. For this reason, the meters to be tested should be subjected to the same temperature as the prover for several hours. The

difference of temperature between the meter and prover should cer- tainly not be more than 2° F.

The means of bringing the temperature of the contents of the

prover quickly to that of the air in the room has already been given

during the discussion of meter provers. Again, if water is used in the meter prover, as is generally the

case, the air of the room should be very nearly saturated or serious

errors may occur, due to evaporation from the inside and outside of

the bell. Means of preventing this have already been discussed and

recommended.

Theoretically, to secure the greatest accuracy, meter-provers should

be compared with cubic-foot bottles and meters should be tested, at

a temperature of 62° F., since this is the temperature at which'the

cubic-foot bottle is standard. Fortunately, however, this is not

necessary to get results that are sufficiently accurate.

When the testing apparatus is in readiness, the meter to be tested

is placed upon the bench provided for it and connected to the prover

by a rubber hose furnished with the proper connecting imions.

Care should be taken that good washers are used to make the joints

tight and that the union at the meter is screwed tight enough to

prevent leaks and yet not so tight as to ruin the connection. A

"rate" or outlet cap having an orifice of the proper size to give the

required speed of operation to the meter is now screwed to the

outlet. When testing at "normal" rate, the outlet cap used is

designed to pass a number of cubic feet per hour equal to six times

the rated hght capacity of the meter. Thus a five-light meter

would be tested at "normal" rate with a cap capable of passing

6X5 = 30 cubic feet per hour. The meter and connections should

now be tested for leaks. In order to do this, open the valve connecting the meter to prover and as soon as the air issues freely from

the outlet of the meter, close the outlet with the hand. This will

impress the prover pressure upon the meter. The valve is now

closed and any leak m the meter wiU be indicated by the pressure

gage showing a loss of pressxu"e in the meter and connections. If

the leak is in the connections, it may be removed and the test continued; but if in the meter, the latter should not be subjected to

further test until repaired.
102 BUBEAU OF STANDAKDS.

If no leak is found allow from 1 to 3 cubic feet of air or of other

medium used to pass through the meter before commencing the

test. This is done in order to allow the meter to arrive at its

actual working condition before the actual test is made. With a

larger meter more air or gas might well be used, but it should be

borne in mind that after a meter has been actually measuring gas

for some time, the passage of air through the meter hardens the

diaphragms and consequently changes their capacity. It is, therefore, plainly possible to pass too much air through the meter but

if gas is used as a testing medium, this trouble does not generally occur to as large an extent.

In the operation described in the preceding paragraph the hand

of the test dial should be stopped exactly at a division such that

the hand stands in approximately a horizontal position. It is generally preferred to stop the hand dm-ing the upward motion.

The reason for this is to get rid of the effect of backlash in the

recording mechanism.

The prover bell is now raised until its zero mark is above the

indicator and then adjusted by means of the circular valve to bring

the zero mark just to the indicator. Now open wide the valve to

the meter and allow it to remain so until the hand of the test dial

reaches exactly its starting point. Record the reading of the meter

prover to the nearest one-hundredth cubic foot and from this calculate

the error of the meter.

Two methods of calculating the error of a meter are in use.

1 . According to the formula

meter reading2—— prover reading ^ ^ 100 = per cent error. prover readmg ^

2. According to the formula

meter reading — prover reading

,^eter reading ^XlOO = per cent error.

While both methods are correct, the latter formula is probably

the best one to use, since it bases the per cent of error upon the

meter reading which is the factor upon which bills are based. Also,

meter-prover scales are usually so graduated that the per cent of error of meters, if based upon this formida, may be read directly

from the scales. Since the first-mentioned method of calculating

the per cent of error is also extensively in use a table is added (pp.

104-105) from which the errors may be easily obtained.

If, after a meter has been in service for some time, two or more

consecutive tests be made upon it, using air as the testing medium,

it wiU generally be found that those tests after the first indicate

that the meter has become faster. The difference between consecutive tests may range from zero to more than 1 pep cent. The cause

of this is probably as foUows : The gas in passing through the meter

saturates the diaphragms with light and volatile oils often spoken
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 103

of as "condensates." Since the gas is ordinarily more or less

saturated with these condensates it has no tendency to reabsorb

these oils, but if air is brought into contact with the diaphragms

evaporation of the oils immediately commences, with the result that

the diaphragms are made hard and stiff and the measuring chambers

formed by them will not have the same capacity as before, but

will be decreased in capacity, since the testing medium can not by

its small excess of pressure over atmospheric smooth out the diaphragm as it did when it was soft and pliable. Thus the first test

of a dry meter with air, if carefully performed, probably gives the

most nearly correct result and this fact should be borne in mind

when complaint" meters are being tested.

Another result of the evaporation of the condensates in a meter

during the passage through it of the testing medium is that the

testing medium is increased in volume and as much of this increase

in volume will be indicated by the meter the volume indicated by

the meter prover is not, as assumed, the actual volume of gas passing

through the meter. Thus, ^mless care is taken, another error is

introduced into the test. Recently experiments have been made ^ in using as a proving

medium for testing meters, gas satxirated with water vapor and also

with the condensates that normally are introduced into the meter

and diaphragm. By doing this thefollowing advantages are apparent:

1. In passing the testing medium through the meter, no evaporation of the condensate occurs so that

(a) The volume of the proving medium remains constant.

(h) The diaphragms are not dried out and thus successive tests

of the same meter agree much better than when using air as the

proving medium.

2. The error due to the vaporization of water after the proving

medium is introduced into the bell is evaded. The error due to the

evaporation from the outside of the bell will remain (unless the means

previously outlined to prevent this are adopted).

For testing a meter to show that it will register small quantities

of gas, it is customary to connect it to a burner consuming about

one-half cubic foot or less of gas per hour. After running it with such

a burner for from 15 to 30 minutes, a meter which does not register

is easily detected by the failure of the test hand to move. Such

testing and that for case leaks is properly part of the meter repair

work rather than of the meter testmg.

From time to time the Bm*eau of Standards includes among its

publications those pertaining to the testing of gas, gas meters, etc. It is suggested that those interested in these matters should apply

for these publications.^

The writer desires to express his indebtedness to Mr. R. S. McBride

and Mr. E. F. Mueller, both of this bureau, for valuable suggestions

in the preparation of this paper.

1 Proceedings of the American Gas Institute, Vol. VII, 1912.

2 Circular No. 48, which is now being published, treats in detail of the testmg of gas and gas meters.
104 BUEEAU OF STANDAEDS.

Vn. PERCENTAGE OF ERROR TABLE.

The percentages given in these tables were calculated from the

formula

Percentage of Error^ ^^^^^ Reading -Prover Reading

^^^^ ^ Prover Keading

METER HEGISTERESTG 2 CUBIC FEET.

Delivered by

prover.

Error of meter.

Deliv- ered by

prover.

Error of meter.

Deliv- ered by

prover.

Error of meter.

Deliv- ered by

prover.

Error of meter.

Cubic feet. Per cent. Cubic feet. Per cent. Cubicfeet. Per cent. Cubic feet. Per cent. 1.70 +17.6 1.88 + 6.4 2.06 - 2.9 2.24 -10.7

1.71 + 17.0 1.89 + 5.8 2.07 - 3.4 2.25 -11.1

1.72 + 16.3 1.90 + 5.3 2.08 - 3.8 2.26 -11.5

1.73 + 15.6 1.91 + 4.7 2.09 - 4.3 2.27 -11.9

1.74 + 14.9 1.92 + 4.2 2. 10 - 4.8 2.28 -12.3

1.75 +14.3 1.93 + 3.6 2. 11 - 5.2 2.29 -12.7

1.76 +13.6 1.94 + 3.1 2. 12 - 5.7 2. 30 -13.0

1.77 +13.0 1.95 + 2.6 2. 13 - 6.1 2.31 -13.4

1.78 +12.4 1.96 + 2.0 2. 14 - 6.5 2. 32 -13.8

1.79 + 11.7 1.97 + 1.5 2. 15 - 7.0 2. 33 -14.2

1.80 + 11.1 1.98 + 1.0 2. 16 - 7.4 2.34 -14.5

1.81 + 10.5 1.99 + 0.5 2. 17 - 7.8 2.35 -14.9

1.82 + 9.9 2.00 + 0.0 2. 18 - 8.3 2.36 -15.3

1.83 + 9.3 2.01 - 0.5 2. 19 - 8.7 2.37 -15.6

1.84 + 8.7 2.02 - 1.0 2.20 - 9.1 2.38 -16.0

1.85 + 8.1 2.03 - 1.5 2. 21 - 9.5 2. 39 -16.3

1.86 + 7.5 2. 04 - 2.0 2.22 - 9.9 2.40 -16.7

1.87 + 7.0 2.05 - 2.4 2.23 -10.3

METER REGISTERING 5 CUBIC FEET.

4.50 + 11.1 4 81 + 4 5 12 2 3 5 43 - 7.9

4.51 + 10.9 4 82 + 3 7 5 13 2 5 5 44 - 8.1

4.52 + 10.6 4 83 + 3 5 5 14 2 7 5 45 - 8.3

4.53 + 10.4 4 84 + 3 3 5 15 2 9 5 46 - 8.4

4.54 + 10.1 4 85 + 3 1 5 16 3 1 5 47 - 8.6

4.55 + 9.9 4 86 + O 9 5 17 3 3 5 48 - 8.8

4.56 + 9.6 4 87 + 2 7 5 18 3 5 5 49 - 8.9

4.57 + 9.4 4 88 + 2 5 5 19 3 7 5 50 - 9.1

4.58 + 9.2 4 89 + 2 2 5 20 3 8 5 51 - 9.3

4.59 + 8.9 4 90 + 2 5 21 4 5 52 - 9.4

4.60 + 8.7 4 91 + 1 8 5 22 4 2 5 53 - 9.6

4.61 + 8.5 4 92 + 1 6 5 23 4 4 5 54 - 9.7

4.62 + 8.2 4 93 + 1 4 5 24 4 6 5 55 - 9.9

4.63 + 8.0 4 94 + 1 2 5 25 4 8 5 56 -10.1

4.64 + 7.8 4 95 + 1 5 26 4 9 5 57 -10.2

4.65 + 7.5 4 96 + 8 5 27 5 1 5 58 -10.4

4.66 + 7.3 4 97 + 6 5 28 5 3 5 59 -10.6

4.67 + 7.1 4 98 + 4 5 29 5 5 5 60 -10.7

4.68 + 6.8 4 99 + 2 5 30 5 7 5 61 -10.9

4.69 + 6.6 5 00 6 31 5 8 5 62 -11.0

4.70 + 6.4 5 01 2 5 32 6 5 63 -11.2

4.71 + 6.2 5 02 4 5 33 6 2 5 64 -11.3

4.72 + 5.9 5 03 6 5 34 6 4 5 65 -11.5

4.73 + 5.7 5 04 8 5 35 6 5 5 66 -11.7

4. 74 + 5.5 5 OS 1 5 36 6 7 5 67 -U.8

4.75 + 5.3 5 06 1 2 5 37 6 9 5 68 -12.0

4.76 + 5.0 5 07 1 4 5 38 7 1 5 69 -12.1

4.77 + 4.8 5 08 1 6 5 39 7 2 5 70 -12.3

4.78 + 4.6 5 09 1 8 5 40 7 4 4.79 + 4.4 5 10 2 5 41 7 6 4.80 + 4.2 5 11 2 2 5 42 7 8
EIGHTH CONFERENCE OF WEIGHTS AND MEASTJEES. 105

PERCENTAGE OF ERROR TABLE Continued.

METER REGISTERING 10 CUBIC FEET.

Deliv- ered by

prover.

Error of meter.

Deliv- ered by

prover.

Error of meter.

Delivered by

prover.

Error of meter.

Deliv- ered by

prover.

Error of meter.

Cubicfeet. Per cent. Cubic feet. Per cent. Cubic feet. Per cent. Cubic feel. Per cent. 9.00 -m.i 9. 58 + 4.4 10. 16 - 1.6 10.74 - 6.9 9.01 -m.o 9.59 + 4.3 10. 17 - 1.7 10. 75 - 7.0

9. 02 -1-10.9 9.60 + 4.2 10. 18 - 1.8 10. 76 - 7.1 9.03 + 10.7 9.61 + 4.1 10. 19 - 1.9 10. 77 - 7.1 9.04 -1-10.6 9.62 + 4.0 10. 20 - 2.0 10. 78 - 7.2

9.05 -t-10.5 9.63 + 3.8 10. 21 - 2.1 10. 79 - 7.3 9.06 +10.4 9. 64 + 3.7 10.22 - 2.2 10.80 - 7.4 9.07 + 10.3 9.65 + 3.6 10.23 - 2.2 10. 81 - 7.5 9.08 + 10.1 9.66 + 3.5 10.24 - 2.3 10.82 - 7.6 9.09 +10.0 9.67 + 3.4 10.25 - 2.4 10.83 - 7.7

9. 10 + 9.9 9.68 + 3.3 10.26 - 2.5 10.84 - 7.7

9. 11 + 9.8 9.69 + 3.2 10. 27 - 2.6 10.85 - 7.8

9.12 + 9.6 9.70 + 3.1 10. 28 - 2.7 10.86 - 7.9

9. 13 + 9.5 9. 71 + 3.0 10.29 - 2.8 10. 87 - 8.0

9. 14 + 9.4 9. 72 + 2.9 10.30 - 2.9 10. 88 - 8.1

9. 15 + 9.3 9.73 + 2.8 10.31 - 3.0 10. 89 - 8.2

9. 16 + 9.2 9.74 + 2.7 10. 32 - 3.1 10. 90 - 8.3

9. 17 + 9.1 9.75 + 2.6 10. 33 - 3.2 10. 91 - 8.3

9. 18 + 8.9 9.76 + 2.5 10.34 - 3.3 10.92 - 8.4

9.19 + 8.8 9.77 + 2.4 10.35 - 3.4 10.93 - 8.5 9.20 + 8.7 9.78 + 2.2 10. 36 - 3.5 10. 94 - 8.6

9.21 + 8.6 9.79 + 2.1 10.37 - 3.6 10. 95 - 8.7 9.22 + 8.5 9.80 + 2.0 10. 38 - 3.7 10.96 - 8.8

9.23 + 8.3 9.81 + 1.9 10.39 - 3.8 10.97 - 8.8

9.24 + 8.2 9.82 + 1.8 10. 40 - 3.8 10. 98 - 8.9

9.25 + 8.1 9.83 + 1.7 10.41 - 3.9 10. 99 - 9.0 9.26 + 8.0 9.84 + 1.6 10. 42 - 4.0 11.00 - 9.1 9.27 + 7.9 9.85 + 1.5 10. 43 - 4.1 11.01 - 9.2

9.28 + 7.8 9.86 + 1.4 10. 44 - 4.2 11.02 - 9.3 9.29 + 7.6 9.87 + 1.3 10. 45 - 4.3 11.03 - 9.3 9.30 + 7.5 9.88 + 1.2 10. 46 - 4.4 11.04 - 9.4 9.31 + 7.4 9.89 + 1.1 10. 47 - 4.5 11.05 - 9.5 9.32 + 7.3 9.90 + 1.0 10. 48 - 4.6 11.06 - 9.6

9.33 + 7.2 9.91 + 0.9 10. 49 - 4.7 11.07 - 9.7

9.34 + 7.1 9.92 + 0.8 10.50 - 4.8 11.08 - 9.7 9.35 + 7.0 9.93 + 0.7 10.51 - 4.9 11.09 - 9.8

9.36 + 6.8 9.94 + 0.6 10. 52 - 4.9 11.10 - 9.9

9.37 + 6.7 9.95 + 0.5 10.53 - 5.0 11.11 -10.0

9.38 + 6.6 9. 96 + 0.4 10.54 - 5.1 11.12 -10.1

9.39 + 6.5 9.97 + 0.3 10.65 - 5.2 11.13 -10.2

9. 40 + 6.4 9.98 + 0.2 10.66 - 5.3 11. 14 -10.2

9.41 + 6.3 . 9.99 + 0.1 10. 57 - 5.4 11. 15 -10.3

9. 42 + 6.2 10.00 0.0 10.58 — 5.5 11. 16 —10. 4 9.43 + 6.0 10.01 - 0.1 10.59 - 5.6 11.17 -10.5

9. 44 + 5.9 10. 02 - 0.2 10. 60 - 5.7 11.18 -10.6

9. 45 + 6.8 10.03 - 0.3 10.61 - 5.7 11.19 -10.6

9. 46 + 5.7 10.04 - 0.4 10.62 - 5.8 11.20 -10.7

9. 47 + 5.6 10.05 - 0.5 10.63 - 5.9 11.21 -10.8

9.48 + S.5 10.06 - 0.6 10.64 - 6.0 11. 22 -10.9

9. 49 + 5.4 10. 07 - 0.7 10. 65 - 6.1 11.23 -11.0

9.50 + 5.3 10.08 - 0.8 10.66 - 6.2 11.24 -11.0

9.51 + 5.2 10. 09 - 0.9 10. 67 - 6.3 11.25 -U.l

9.52 + 5.0 10. 10 - 1.0 10.68 -6.4 11.26 -11.2

9.53 + 4.9 10.11 - 1.1 10.69 - 6.5 11. 27 -11.3

9.54 + 4.8 10. 12 - 1.2 10.70 - 6.5 11.28 -11.3

9.65 + 4.7 10.13 - 1.3 10. 71 - 6.6 11.29 -11.4

9.66 + 4.6 10. 14 - 1.4 10. 72 - 6.7 11.30 -11.5

9.57 + 4.5 10.15 - 1.5 10.73 - 6.8

DISCUSSION.

The Chairman. One or two of these papers were put upon the

program with the idea that sooner or later all the questions of measurement in connection with public utilities are going to be taken up

in one place and under one head, as they should be. The question

of calibrating meters is no different Irom other ^ questions with

which we have to deal, except in the details; and it is not so complicated or difficult as it might seem at first glance.
106 BUREAU OF STANDAEDS.

UNIFORMITY OF STATE LAWS IN WEIGHTS PEB. BUSHEL OF

COMMODITIES.

By R. W. Smith, Deputy Commissioner of Weights and ileasures, Slate of Minnesota.

I first -want to give due credit to that very able compilation of

State and national laws wMcli is published by the Bureau of Standards for the aid which it has given me in preparing this paper.

The question of bushel weights of dry commodities is one which

Minnesota, as well as other States, has been struggling with for some

time. One of the official acts of the Minnesota Conference of Weights

and Measures, which was held in St. Paul in November, 1912, and

which was attended by delegates from a number of other States,

was to refer to the ^Minnesota department the preparation of data

relating to bushel weights, and the formation of^a tentative plan to secure uniformity between States in this very important matter.

One thing was apparent from the very first, and may be most

briefly expressed by changing one word of the subject assigned to me,

viz, the variation in State laws in weights per bushel of commodities.

Before proceeding further let me cite a few of the more striking examples of this variation. Turnips show a range of from 42 to 60 pounds;

timothy seed shows the same variation; such a common and stable

commodity as coarse salt ranges from 50 to 85 pounds; pop corn,

in the ear, is in one State 42 pounds per bushel—in another 70 pounds;

dried peaches may be bought and sold at from 28 to 40 pounds per

bushel; and while most States say that lime shall be 80 pounds per

bushel, one State fixes the value at 35 pounds per bushel; broom com

seed is in IVIinnesota 57 pounds per bushel, while in the neighboring

States of North and South Dakota it is 30 pounds. I could go through

almost the entire list of commodities upon which bushel weights have

been established and point out similar variations, some of them not so great as those cited, but all of them equally inconsistent.

Our first question, when considering these discrepancies between

States on the weights of the same commodities, is, "in what manner

were these weights originally determined?" The answer to this

question is not forthcoming and we are forced to conjecture. There

are two possible methods: The commodities might have been measured in a container holding one bushel, and the resulting quantity

weighed; or the figures might have been determined arbitrarily. To

the layman, and indeed to anyone, the first method would seem the

only logical one, if our result is to be called a bushel weight; but let us study for a moment a few of the figures upon our statute books, and

see whether or not this plan has been followed.

All the States which mention shelled corn fix the weight at 56

gounds per bushel; and in this instance we are safe m saying that the

gm-e thus established is the weight of 2,150.42 cubic inches of shelled corn. With one exception the same concurrence of opinion is shown

in the weight of corn in the ear, but the weight in this case is 70

pounds when in reality a bushel of husked^ com in the ear weighs not

more than 38 pounds. Those States giving a weight on unhusked

com in the ear place the figiire still higher, running from 72 to 75

pounds. It would be the height of foolishness to suppose that we
EIGHTH CONFERENCE OF WEIGHTS AND MEASUEES. 107

could get 70 pounds of ear corn in a bushel basket; it was evidently

the intention of those who established these weights to fix such a

thereby making the shelled condition the basis of their calculations.

We have a different condition when deahng with two particular

varieties of small fruits. The weight of cherries is placed, in one

State, at 64 pounds when without stems; but with the stems the

weight is 56 pounds. Grapes, in the same State, are 60 pounds without stems, and 48 pounds with stems. In these cases the object was

apparently to approximate closely the actual weight of a bushel,

smce allowance is made in each case for the stems.

While the difference between the legal and the actual weights of a

bushel of corn in the ear, a difference of 32 pounds, seems unreasonable, still there can be seen some excuse for it; but there are cases where there is no connection at all between actual and legal weight.

As examples of this condition I would mention a few instances in which

we have proven, by actual tests in our office, that this state of affairs

existed. The average weight of rutabagas as established by different

States is 50 pounds. Our test shows that the weight should be 57

pounds. The majority of States fix the weight of beets at 60 pounds,

while the actual weight is from 53 to 55 poimds. In every case the

weight of blue-grass seed, orchard-grass seed, and redtop seed is established at 14 pounds per bushel. This is about the weignt of such seed

in an uncleaned condition, containing chaff, dirt, and so forth, but

clean seed, after exhaustive tests, has been found to weigh not less

than 30 pounds to the bushel. AU of the States, without exception,

which mention peas in their bushel list fix the weight at 60 pounds,

without making any distinction between the smooth and wrinkled

varieties. After a large number of tests we find the average weight

of the wrinkled variety to be only 56 pounds.

So we arrived at the conclusion that while the weight of a measured bushel of a certaia commodity was sometimes considered when

establishing the legal weight of that commodity, still, in a large

number of cases, there is little or no connection between the two.

And now our attention is called to another peculiar feature of the

bushel laws in this country. We can possibly conceive of this condition—that the weights of the same commodity, raised in widely

separated parts of the country, might differ. However, that there

should be a difference between adjoining States of from 1 to 30

pounds on the same commodity, seems an utter absurdity. To illustrate: In Minnesota the weight of cranberries is 36 pounds; ia Wisconsin it is 35 pounds; onions in Minnesota are 52 pounds; in Wisconsin they are 57 pounds; parsnips are 42 pounds in Minnesota, and

44 in Wisconsin. Conditions of this kind permit a man to buy in

one State and sell in another, keep wholly within the law in both

States, and still make a nice percentage in addition to his commission;

besides this they cause endless confusion for the merchant and grower.

Of course, we must not forget in our discussion the few shining

examples of uniformity which we have, such as wheat, flaxseed, an^

peas, which are the same in every State in the Union. But the fact

remains that the first thing a merchant must do if he moves from

value that we would was shelled.
108 BUREAU OF STANDABDS.

one State to another is to acquaint himself with the bushel weights in

his new home. And we are forced to admit that there are no two

States in which even the majority of the bushel weights are identical.

In striving for a solution of this problem, both to carry out the

instructions of the conference mentioned before and to improve our

own law, our department prepared a table showing "what the

result would be as to the weight per bushel on different kinds of commodities if the weight were based on that amount per bushel as used

by the greatest number of States, and where the result shows a tie

between several States the weight is arrived at by an average between

aU States naming a weight per bushel on a given commodity. The

weights shown by the Federal Government are listed the same as if they were shown by a State." The table further shows the number

of States declaring for each weight per bushel on each 6ommodity.

In amplifying and altering our existing bushel list in Minnesota in

the legislative session just passed this list formed the basis of our

calculations. But irrespective of the instruction of the conference

and the majority rule established by them, we were obliged to deviate

from this list in certain instances where the figures were manifestly

not the weight of a bushel, as shown both by our own tests and the experience of growers in Minnesota. I will call your attention to only

a few of the items on this list, giving first the resulting weight when

foUowing the plan just outlined, and then the different weights used

by the different States for that commodity. These figures will present to you the variation between States in a slightly different

manner than what has gone before:

Apples, 48 pounds ; seven States said 50 pounds, fourteen States

said 48 pounds, one State said 44 pounds, four States said 45 pounds,

and one State said 46 pounds.

Broom corn seed, 30 pounds ; one State said 48 pounds, one State

said 50 pounds, one State said 57 pounds, one State said 46 pounds,

three States said 30 pounds, and one State said 42 pounds.

Buckwheat, 48 pounds ; eleven States said 48 pounds, eleven States

said 52 pounds, one State said 40 pounds, nine States said 50 pounds,

one State said 56 pounds, and five States said 42 pounds.

Cranberries, 32 pounds; two States said 32 pounds, one State said

35 pounds, one State said 36 pounds, one State said 40 pounds, and

one State said 33 pounds.

Onions, 57 pounds ; two States said 50 pounds, one State said 54

pounds, one State said 55 pounds, twenty-one States said 57 pounds,

eight States said 52 pounds, two States said 56 pounds, and one

State said 48 pounds.

In this case a figure of 57 pounds was found to be much too high in

spite of the fact that twenty-one States had adopted that weight, and

52 pounds was substituted on Minnesota's list. Sweet potatoes, 53 J pounds; seven States said 55 pounds, seven

States said 50 pounds, seven States said 54 pounds, three States

said 60 pounds, three States said 46 pounds, and four States said

56 pounds.

I think that the figures I have given are sufficient to demonstrate

the deplorable lack of uniformity between States in regulating the
EIGHTH CONFEEENCE OF WEIGHTS AND MEASURES. 109

weights per bushel of commodities. Could not this conference,

representing as it does practically every section of this country, do

something to relieve this situation? Wo look to other countries for

suggestions and we see the beautiful French system working smoothly

and to the satisfaction of everyone. However, we realize that, while

the metric system of weights and measures is legalized in the United

States, any action making the use of it mandatory at this time would

be, perhaps, premature, and would undoubtedly create an endless

amount of confusion, since we would be substituting for our present

standards others of an entirely different character. To my mind,

the ideal solution of this problem of uniformity in bushel weights

may be briefly stated as follows: The abolition of the bushel audits

subdivisions and the substitution therefor of an absolute weight unit

of 100 pounds. If this were done, we would still be dealing with our

familiar standards of avoirdupois weight in trade, and it would be a

matter of only a very short time before grower, dealer, and consuming

public would be able to think in terms of weight with the same ease and far greater accuracy than in terms of that indeterminate quantity, the bushel weight.

DIFFERENCE IN THE AMOUNT OF A BUSHEI. OF A COMMODITY

WHEN SOLD BY WEIGHT AND WHEN SOLD BY MEASTJEE.

By W. C. Haskell, Superintendent of Weights, Measures, and Markets, District of

Columbia.

Mr. President and gentlemen, I am sure the gentlemen here present

agree with me that the country is very much indebted to you, Mr.

President, for the interest you have taken in weights and measures

matters and legislation, and for the opportynity you give us each year

to meet the gentlemen who are interested in this work for an exchange

of ideas and experiences, and through you to the secretary of this

conference for his untiring efforts and the ready assistance he gives

to those who need to call upon the Bureau of Standards for advice or

assistance in matters relating to weights and measures ? When we look into the faces of the gentlemen representing the

States and cities of this country at this conference, I think we understand why such satisfactory progress is being made in the protection

of the public in a more just and equitable sale of commodities. We

see intelligence and determination to do their duty fearlessly

but courteously, and to meet and pass upon all questions establishing

the truth in the weight and measure of commodities.

My understanding, Mr. President, was that the article to be prepared on the subject of "Difference in the amount of a bushel of a

commodity when sold by weight and when sold by measure" should

treat especially of the sale of elongated vegetables in small measures.

Differences in sale by weight and by measure are pronounced in the

case of vegetables of this character when sold in peck, half peck, and

quarter peck measurements. For the purpose of making comparisons, a peck, half peck, and quarter peck of both sweet potatoes and

carrots were purcnased in the markets by a person not connected

with our department. Carefully weighing the peck, one-half peck,
110 BUREAU OF STANDAEDS.

and one-quarter peck of potatoes and carrots and finding no material

proportional difference, we took the weight of a peck of sweet potatoes

for comparison and found them to weigh 12 pounds and 7 ounces. The bushel weighed 49f pounds. When remeasured by us the peck

of potatoes had a crown of 1| inches, the bushel 2J inches, this being

the manner in which they are sold in the District of Columbia.

When sweet potatoes are sold by weight here, the custom of sale has

estabhshed 56 pounds for a bushel. The weight of a peck of sweet

potatoes in the District therefore should be 14 pounds. Our investigation shows only 12 pounds and 7 ounces, revealing a shortage, by

measure, of 1 pound and 9 ounces in the peck and 6 pounds and 4

ounces in the bushel. The potatoes purchased were somewhat dried

out and would hardly record a fair average weight, as it is understood

that there is a difference of about 6 J pounds in weight between the time

that they are green and four to six months thereafter, and it would

seem but just to take the average between 49f and 56 pounds—dry

and green—separately, which would ^ve us 52 pounds plus, or commercially 53 pounds for a bushel. This would seem to be a fair

amount for the buyer and seller. Establishing for comparison, 53

pounds for a bushel, we find that a bushel sold by weight and by

measure, would be the difference between 49f and 53 pounds, a fair

average for the year, which gives us 3 J pounds, or practically 6 per

cent in favor of weight. I am satisfied, and have been for some time,

that the only just and equitable method, both for the seller and the

consumer, is to sell by weight, and should be the same in aU the several States. The trouble and annoyance in interstate trade would

then be solved; and, also to be considered, is the filling of the measure

with a proper crown, which now is largely guesswork, and would be

avoided if vegetables were sold by weight.

The opinion has prevailed that the sale of large and elongated

vegetables in small measures was an injustice to the purchaser or con- sumer, as the space not occupied by the large vegetables was much

greater than when smaller kind were used. To satisfy ourselves, we

cut the peck of carrots and the quarter peck of sweet potatoes—large

and small measures—into cubes of about one-half inch or less, and

found that they occupied practically the same space as in their natural

form.

When the conference has arrived at a conclusion as to what should

constitute the proper weight for a bushel of vegetables, and I trust

the sentiment of this conference is that vegetables should be sold

by weight, we should concentrate our efforts to obtain national

le^slation estabhshing uniform weights covering the several kinds.

A law of this character would be of great benefit in interstate trade,

and the States which have estabhshed different weights doubtless

would amend their statutes to conform to the Federal requirements.

The sale of vegetables on a sound, practical, and equitable basis would

then be assured.

Any member of the conference, who is interested, may see at my

office a practical demonstration of these vegetables as measured and

weighed, which covers parsnips and other elongated vegetables, the

results being found the same as to the fractional measures and weights

of a bushel.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. Ill

DISCUSSION OF THE TWO PRECEDING PAPERS.

Mr. Ferner. I would like to ask Mr. Smith whether, in the actual

test that they made, they used the stricken bushel or the heaped

bushel; and if the latter, what was the diameter of the bushel measure

used with relation to its height.

Mr. Smith. We tried to approximate conditions in trade as closely as possible. We were working in conjunction with the growers in

the matter, and we had their cooperation, and we tried to work under

the same approximate conditions as in trade.

Ml'. Ferner. You used the heaped bushel ? Mr. Smith. The heaped bushel, yes; if there is such a tiling.

Mr. WuLFSON. Mr. Chairman, there is no question that there

should be uniformity everywhere. But there is not. Now, is there

a remedy^ for it ? The only remedy, it seems to me, is that Congress

ass a uniform law. I think a resolution would be in order, approved

_ y this conference, urging that Congress pass a uniform law regulating the number of pounds required to a bushel in every State. If

each State is allowed to make laws, what uniformity can there be ? We want a remedy, and Congress has the same right to do this as

to coin and issue money.

The Acting Chairman (Mr. Neale). I think, Mr. Wulfson, that Mr.

Smith is pleading the same as you are now, for that very condition,

whether through resolution or in whatever way it may be possible

striking perhaps upon the happy thought of weighing.

Mr. Maroney. Mr. President, I would ask Mr. Smith whether he

has any recommendations as to uniformity that we can take back to

our States, so that we may ask our legislators to enact a law that wUl

be uniform throughout the country.

Mr. Smith. I might say ia reply to Mr. Maroney that this list which

I mentioned as being prepared under the direction of our Minnesota

conference was with the idea of getting uniformity in the bushel

weights, and the idea was at that time to establish as the weight per

bushel for each commodity that weight which the greatest number

of States had adopted, or where there was a tie, to take the average

of all the States; and this list was prepared as per those instructions.

However, my recommendation most strongly is the substitution of

the weight unit absolutely, with the abolition of the bushel.

Mr. Maroney. What I was getting at, Mr. Chairman, was this:

Evidently the committee has gone very carefully into the matter as to

what would be a uniform bushel of the different commodities sold by

measure. There is no question but what we will agree that the hundredweight would be ideal, but it is not going to be changed at once. My idea was that if the gentleman would bring in a recommendation

making, for instance, onions 57 pounds to a bushel, or 55, whichever

that committee agreed on, then this conference shoiild officially adopt

that recommendation, and so on for other commodities ; and, if pos-

*

sible, we would have copies of these recommendations to take back

with us, and we could recommend them to our different legislatures.

In that way we would progress enough to have a uniform quantity

per bushel in each State that would adopt the recommendation of this

»
112 BUREAU OF STANDARDS.

conference, and later, if we saw fit, use the hmdred-pound weight,

after getting the uniformity as to the bushel itself. Mr. Fine. Mr. President, I have listened with a great deal of interest to the remarks of the gentleman from Minnesota in regard to the

different bushels. I have made a study of the measurements and

bushel weights of Germany and England, and I find that they have

uniform measurements for the bushel. Now, suppose we are buying

potatoes in the State of Maine. The law requires a certain nxmiber

of pounds to the bushel. We will assimie, for the sake of argument,

that they sell potatoes 65 pounds to the bushel. Our Connecticut

law is 60 pounds to the bushel. Another State may sell 55 pounds to

the bushel. Here is a lack of uniformity. My suggestion for a remedy would be, Mr. President, that we adopt the hundred-pound system. I think that that would be good for everyone—buyers, sellers,

and consumers. The Acting Chairman. I would like to say something about the

onion proposition, as long as Mr. Maroney mentioned it. Seventeen

years ago in the State of Minnesota, onions imdefined—aU kinds

were 57 pounds, following the lead of many other States. A change

was made at that time to 52 pounds, which illustrates just the danger

of all the States making their own arbitrary wishes expressed in terms

of bushel weights. They are all doing it; and there is no relief until

we can get the imiformity suggested here.

Mr. Kelley. In order to bring the matter formally before the conference, I move you, Mr. Chairman, that a committee of three be

appointed to bring in recommendations to have a uniform weight per

bushel for the various commodities, and make their report later to the

conference and have it discussed properly; and if the conference sees

fit, we can adopt it, and adopt it in the form that Mr. Maroney has

suggested; that is, take it back as a recommendation to our respective

States.

Mr. WuLFSON. I second the motion.

Mr. Sweeney. Mr. Chairman, if it is within the province of the

officials of tliis bm'eau, it seems to me they would be the proper

people to fijc a standard for various commodities. I do not believe

there is a State in the Union that refuses to enact their recommendations for legislation. I think that matter ought to be left in the hands

of the Bureau of Standards. They would know better all the various

commodities and the different weights that we have throughout the

several States, and if they can not furnish us before we leave here

with a list of those, they could do it some time in the future.

I offer an amendment to that motion, that it be left in the hands of

. the officials of the Bureau of Standards.

Mr. Goodwin. I want to second that amendment.

Mr. Keach. Mr. Chairman, I would like to speak for a moment on

the amendment. It seems to me that we are wandering a little bit

- without our compass to guide us. Now, what was the compass laid

down for weights and measures in this country, and when was it laid

down? When the United States, after the Declaration of Independence, made and promulgated their Articles of Confederation and afterwards their Constitution, Congress was given the power to standardize
EIGHTH CONFEEBNCE OF WEIGHTS AND MEASURES. 113

two things, among others: namely, money, and weights and measures. And by legislation the standard weights and measures of the coxmtry

were put in the custody^ of the Bm-eau of Standards. Article I, sec- tion 8, of our Constitution refers to this power of Congress, and this

section is the same to-day as it was when passed. It is very brief,

and I want to read to you what it says:

The Congress shall have power to coin money, regulate the value thereof and of

foreign coins, and fix the standard of weights and measures. Now, they are coupled together. They are twins. I will say, if I may be permitted, without wishing to be egotistical, that I claim to

be quite an expert on monetarj^ affairs myself—coinage, etc.—but

I am not up very much, I am willing to say, on weights and measmes.

I have been deputized to come here by the governor of the State of

New York, the Hon. William Sulzer, for the purpose of using my

brains, to hear what I can, and retain what I can by the minutes that

I can make, and go back to the great Empire State and there suggest something; so that when the faU legislature comes in we may

enact, this very year, laws in consonance with what this body wants.

If this body will appoint a committee of competent men to draft

those things—even if we have not the time to pass them here to-day

and submit them to us, I wiU guarantee that the Empire State will

fall right into Hne and that Gov. Sulzer wiU sign such a bill. I want to read here, so that ^ou wiU all know it and it will go on the

minutes, what the governor said in his private letter to me:

We want you, Mr. Keach, to go there and see if you can possibly assist in bringing

about an efficient and uniform law on the subject of weights and measures. Such

laws are sadly needed by the American people; and I therefore earnestly hope that

your deliberations will be followed by the initiation of measures of every State to carry into effect the plans adopted by you to strengthen the eminently praiseworthy

movement for accurate weights and measiures—a movement so much in the interest

of the multitude of the poor. Mr. Wallenmeter. Mr. Chairman, I would like to remind the

gentlemen from New York and Minnesota that the variation in the

weights per bushel of the various commodities is not the result of

ignorance on the part of the State legislatures, except in a few

instances, such as where a difference of 18 pounds per bushel in the

same commodity is found in adjoining States. A great deal of the

difference in the weight per bushel is due to climatic and soil conditions, and also to the rapid evaporation after potatoes and root

bushel if raised in the North than in the South, due to a greater

density.

Mr. Keach. Change your price per bushel; that is all. Mr. Wallenmeter. I believe, therefore, it would not be advisable

to tamper with the weights per bushel at this time, as it is very evident from the sentiment expressed by this conference that the sale

of all commodities will soon be governed by weight and the bushel

abolished entirely.

Mr. CuMMiNGS. Mr. Chairman, it seems to me that the solution

of this whole problem would be to eliminate the dry measures altogether. It seems to me that if Congress were to fix standards of

28670°—14 8

products are dug. potatoes weigh more per
114 BUREAU OF STANDAEDS.

weight and of liquid measure, and provide that all dry commodities

should be sold only by weight, that would be the simple solution

of the whole problem. We kdow by experiment that the same dry

commodity, the same fruit or vegetable, raised ia the different

sections of the country will vary, and that the weight of the same

commodity raised in the same section at different seasons of the year

will vary; so that, regardless of what we may do in attempting to

fix a legal weight per bushel for any commodity, there is bound to be

a variation anyway. Now, in Massachusetts, in the cosmopolitan

cities, in the foreign stores, we do not see any such thing as selling

by measure. All dry commodities are sold by weight. And it

appears to me that that is a phase of the subject that ought to be

considered in adopting any national law—whether it would not be

feasible to abohsh the use of the dry measure altogether. To my

mind, the only justification there is for the contiaued use of it at the

present day is that of trade custom.

Mr. Maroney. Mr. President, when that amendment was offered

by the gentleman from Pennsylvania, and seconded, there was

method in the madness of asking the States to take it up. This is

not the first year that this conference has been asking for national

legislation, and when you have been intimate with some of the

members of that committee, whom you know quite well enough to

call them by their first names, they will say : " Ed, we are goiog home

we are up for reelection; your bill has a lot of merit in it, but we wiU

have to pigeonhole it until we are reelected." There is the sum and

substance of the inaction of your national legislators in taking care

of legislation that ou^ht to be taken care of, for the reason that you

are stepping on somebody's toes more or less all the time.

We have a shining example of that in the session of Congress where

Congressman Mann offered the so-called Mann bill. Everybody

agreed that there was merit in it, and there was so much merit in it

that it was taken from here to Connecticut and passed, and it has

been in operation there for some little time. But if the gentlemen

here in this conference will go home with a uniform rate of measurement on the different commodities of foodstuffs, with the dignity

attached to it of being backed by the Department of Commerce, they

will not have very much work in their respective legislatures to put

that bill through and have it become a law. I know that from

practical experience on the package law.

Mr. Kelley. Mr. Chairman, I would like to state my position in

this matter. It is this: I am here as a representative from the city

of Bridgeport. The people of the city of Bridgeport expect me to

take part in these deliberations and bring back such information as

will be of use to us in the future. We are assembled here in conference in conjunction with the Bureau of Standards, and it is my

opinion that we ought to bring something back in the way of recommendations that wiU be of some use to us. I, as a sealer, have to

work under the law3 of the State of Connecticut. I am regulated by

the laws regarding the weights per bushel as laid down by our statutes, and if there is any deviation from the weights laid down for

the bushel in the other States, I want to have those laws changed to
EIGHTH CONFEBENCE OF WEIGHTS AND MEASUEES. 115

conform to those that apply in other States, so that it will make it easier for me in handhng the problems coming before me. I still think that my position is right from my standpoint. I may be

wrong; it is my first appearance here; but if I am wrong, I am willing to recede.

The Acting Chairman. If you and the gentleman who seconded

JTOUT motion accept the amendment, that the matter instead of being

eft to the committee of three named by the chair be left in the

hands of the Bureau of Standards, they can take up this work for us. Mr. Kellet. I am satisfied if the Bureau of Standards will take

it up and issue such recommendations, but I still think it would be

better to have this committee of three to go into session—we could

include a member of the Bureau of Standards in it—and have a

report to take back with us. That is what I would like to have.

Mr. Briggs. Mr. Chairman, I would call the attention of the gentleman to the fact that in drawing up specifications of a revolutionary

character they ought to be thoroughly considered and ample time

given to them. Two or three days is a pretty short time to handle

a question of that magnitude. Persons who have had experience in

matters of that kind realize the amount of work that is necessary,

and it is going to take a great deal of time.

The Acting Chairman. The amendment will be acted upon first

that the matter be left in the hands of the Bureau of Standards.

The Secretary. Before that motion is carried I would like to

say that the Bureau of Standards thinks that the establishment of

uniform weights per bushel is an impossibility. You are only carrying a name with you ; that is all. If you have a weight of 56 pounds,

you are going to forget that it is a bushel. You can not make a

stated weight of some commodities go into a bushel measure all the

time in different parts of the country; and if we maintain the two

side by side, there is bound to be fraud. Sometimes it will be sold

by dry measure and sometimes by weight. Now, if you are going

to abolish the measure, why not abohsh the weights that are con- nected with it, and do as Mr. Smith has recommended and simply

say we wiU sell by weight and not sell by measure at all ? Mr. Goodwin. Mr. President, as I understand it, the object of

these conferences is to get a uniform weight and measure law to

govern all the States, so as to get uniformity in legislation for the

purpose of protecting the pubhc. Now, there is no better agent to

lurther this end than the Bureau of Standards, which is handhng

the subject ; and I believe this question should be left in their hands

to decide which is the best way to proceed to attain this end.

The Acting Chairman. I think, Mr. Goodwin, that it will *be

taken care of.

Mr. Radcliffe. Gentlemen, we are trying to mix oU and water.

Sell things by weight; do not mix weights and measm-es. Mr. Egan. Mr. Chairman, I do not believe that we ought to adopt

this motion. I am opposed to putting upon the officials of the

Bureau of Standards a work that they are opposed to that wiU not

finally result satisfactorily in_ the different States. As I understand

it the Bureau of Standards is not in favor of a continuance of the
116 BUREAU OF STANDARDS.

sale of commodities by measure. Now, then, if that is true, and we

believe in it—the gentleman explained it and it is simple—let us, as delegates, urge upon the legislatures of our different States the

abolition of the sale of commodities by measure and the adoption of

laws providing for the sale of commodities by weight. That is what

we want to do. We have authority under the constitutions of our

different States to do this just as we have authority imder the constitutions of our different States to adopt a certain number of pounds

per bushel ; and I think that is the simple way of getting out of this

subject. I would not adopt a motion putting upon the officials of

this bm-eau work they are opposed to that will simply continue this

controversy in opposition to their wishes and to what they think

wiU work out satisfactorily in the end.

I am opposed to the motion.

The Acting Chairman. As I understand the matter, the amendment directs the bureau to establish uniformity in weights per bushel 1 The Secretary. Mr. Chairman, if you pass this resolution referring it to the bureau, the bureau will immediately report and recommend that this conference adopt a resolution in favor of the abolition of the bushel measure and the adoption of sale by weight.

Mr. Keach. How about liquid measures ? The Secretary. Liquid measure wiU have to remain.

Mr. Sweeney. Mr. Chairman, if we are to be guided by the suggestions of Mr. Fischer, and if the recommendations he has mentioned

will be offered in the event of this motion as amended being carried,

what is the sense of placing the matter in the hands of a committee,

then ? The whole matter should be dropped.

Mr. Kelley. I would like to ask if I can withdraw my motion.

Mr. Sweeney. I believe that everything should be sold by weight,

but you are going to revolutionize the system that has been in exist- ence in this cotmtry, and you must educate the people to that. It

would be an utter impossibility in our State to get legislation of that

kind through at this time, but I do believe that we can get legislation through making a uniform weight per bushel of aU the various

commodities that are sold throughout the United States, providing

we have a list of those commodities.

Now, then, if the Bureau of Standards does not feel that it is a good thing to do that, there is no necessity, it seems to me, of having

a committee act upon it either; because I believe, if it is to be done

at all, it should be done by the Bureau of Standards.

Mr. WiLLETT. Mr. President, I move you that the motion and

amendment be laid on the table.

(The motion was seconded and agreed to.)

Mr. WiLLETT. Mr. Chairman, I move that a committee of three be

appointed by the chair to draw up a resolution to have this confer- ence go on record as being in favor of selling by net weight.

(The motion was seconded and agreed to.)

Mr. Maroney. I move that we adjourn, Mr. Chairman.

The motion was seconded and agreed to. Accordingly, at 1 p. m.,

the meeting adjourned.
FOURTH SESSION (MORNING OF FRIDAY. MAY 16, 1913).

The conference reassembled at 10.30 a. m.

MOTIONS AND COMMITTEES.

The Chairman. A resolution was passed yesterday providing for a committee to draw up recommendations regarding the sale of dry

commodities by weight rather than by measure, and in accordance

•with that I mil appoint the following committee: Mr. Smith, of

Minnesota; Mr. Clark, of Massachusetts; and Mr. Goodwin, of Rhode

Island.

Mr. Downing. Mr. Chairman, if I may interrupt at this moment,

as one of the members of the nominating committee, there are one or two things that I would like to bring up at this time.

We find that among the officers of this association there is no

treasurer. Now, it may be at some time that we wall want to handle

funds. Every organization has a treasurer. I vnsh furthermore to

state that the fist on the executive committee is now nine. Most of

the members of this committee are from the East. Now, the West

is vitally interested in weights and measures; we are taking a prominent part in it, and in order to get some of the western members on

this executive committee I think that the list ought to be increased.

I therefore at this time move that the office of treasurer be included

in the list of our officers, and that the list of the executive committee

be increased from 9 to 12.

The Secretary. I second that motion, Mr. Chairman.

The Chairman. You have heard the motion and the second. Ordinarily this would mean a change of by-laws and require some refer- ence to the future, but I suppose that in this case, as we have no

particular by-laws, that wHl not be necessary.

The Secretary. I was going to make a motion a little later in

regard to that.

The Chairman. You have heard the motion and the second—to

increase the membership of the executive committee and provide a treasurer. Are there any remarks?

Mr. Mahoney. Mr. President, as a representative of the State of

Tennessee, I would like to have the South recognized, and I should be

glad to see Mr. Richardson on that committee.

Mr. Downing. Mr. Chairman, it was not my idea simply to include

the West here; it was my idea to have the executive committee

include all sections of the country.

Mr. Richardson. Mr. Chairman, I will state that while I am not

hankering for office or for too much hard work, still I would like to

have one member of that committee from some one of the Southern

States. There are other gentlemen here who are thoroughly capable

of representing that section.

117
118 BUEEAU OF STANDARDS.

The Chairman. I think you can trust the nominating committee

to arrange all that.

The question was taken and the motion was agreed to. The Secretary. Mr. Chairman, I move that the present committee

on constitution and by-laws be dismissed—I do not think any of the

gentlemen are here at the present time, and some of them are completely out of the weights and measures business—and that a new

committee be appointed.

The motion was seconded and agreed to. The Secretary. I would also like to move at this time that a

committee on resolutions be appointed to bring in whatever resolutions anyone desires to submit, m order that they may be in proper

form.

The motion was seconded and agreed to. The Chairman. I wiQ appoint as the committee on constitution

and by-laws, Messrs. Rinehart, Woolley, and Hand; as the committee on resolutions, Messrs. Mikesell, Downing, and Albrecht.

TESTING OF WATER METERS.

By W. F. Stutz, Assistant Physicist, Bureau of Standards.

I. introduction.

The object of this short paper is briefly to describe and illustrate

the more commonly used types of cold-water meters, their principle

of operation, and the method of testing them, with particular refer-* ence to the meters of small capacity for the measurement of water

for domestic service. Meters of larger capacity wiU be very briefly

described.

Fifty years ago the water meter was primarily a scientific measuring

instrument. Twenty-five years ago it had only a very limited commercial use. The water meters now in service, working every day,

are literally numbered by millions and the mmiber is constantly

increasing. One firm alone has sold over a miUion of these instruments.

Their field of usefulness in engineering practice is varied. To cite

one example, the amovmt of water evaporated by the boilers in a

steam-power plant is a very necessary quantity for the engineer to

determine in the economical operation of his plant. But the great

majority of these mUHons of water meters are, of course, used by

municipal water companies in the sale of water to consumers, principally for domestic use. The reason for this large increase in the use of meters is twofold:

(1) The meter has proven itself an instrument of economy, and (2)

it furnishes an equitable basis for charges for water service.

When water was sold under a flat rate, as was formerly the general

practice, the consumer, for a particular service, paid the same amoxmt

of money whether he used little or much; he naturally used much.

With metered service if he uses little he pays little, and if he uses much

he pays much; he naturally wastes little.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 119

Comparative figures from a number of cities operating imder the

flat rate or with few meters, and from an equal number of cities where

most of the taps are metered, show an average per capita consumption

of water for the metered cities It ss than one-third as great as that of

the cities using the flat rate. The difference is largely to be charged

to waste. The meters further furnish a check for the waterworks

superintendent of the amount of water pumped against the amount

of water sold and show up leaks in the distributing lines. As for the

second point, the consumer has a right to demand that he pay only

in proportion to the amoimt he uses and that that amount be correctly

measured.

II. TYPES OF METERS.

There are a number of different t3rpes of meters on the market

adapted for different conditions of service, depending on the amount

and nature of the flow to be measured, whether it be comparatively

steady or subject to wide fluctuations. Some of the principal types

will be briefly described. They may be grouped according to their

principle of operation into four types: (1) Positive displacement

meters, (2) current or inferential meters, (3) proportional meters, and

(4) meters of the venturi type.

1. POSITIVE DISPLACEMENT TYPE. Probably 75 per cent of aU meters sold are of five-eighths inch and

three-fourths inch in size—classified by the size of their pipe connections—for measuring flows up to about 20 and 35 gallons per minute,

respectively, and are used for domestic service. They are expected

to measure all flows great and smaU, up to this maximum, and all

except the very smallest with an accuracy within about 2 per cent.

For this class of service because of its accuracy in measunng small

quantities of water the positive displacement type is particularly

suited and very generally used. This type measures water by re- Eeatedly filling a chamber, or chambers, of fixed size from the supply

ne and emptying it into the discharge fine and counting the number

of times the operation is performed—hke measuring the contents of a barrel by drawing the water in a pail and counting the number of

pailfuls. There are fom" essential parts: A case, a meastuing chamber

with a moving piston, a recording register, and a transmission device

communicating the motion of the piston to the counter.

(a) Reciprocating piston.—The reciprocating-piston meter is of this

displacement type. It operates on the well-known principle of a

duplex pump. Instead of the pump moving the water the water

drives the pump. Two cylinders fitted with pistons are mounted

side by side. The chambers in the ends of the cyhnders are alternately connected with the supply and discharge lines, by valves

automatically operated by the pistons and at each four strokes the

counter is moved by a lever resting on one of the pistons. This

style of meter is no longer extensively used for this class of service.

(&) Rotating piston.—A second style of positive displacement meter

is the rotating piston form. In this style the moving part or piston

has the form of a toothed wheel lying flat in a chamber of larger
120 BUREAU OF STANDARDS.

diameter with recesses around the outer walls corresponding to the

teeth in the wheel and with which they mesh, like internal gearing,

the wheel moving arotmd the outside wall. This style is similar in

its action to the piston and plunger type, the teeth on the wheel

corresponding to plungers and the recesses in the case to cylinders.

The ends of the passages from the supply line to these compartments,

and from the compartments to the discharge are grouped in a circle

in the heads of the chamber and the connecting passage between

them is in the piston wheel itself, which automatically opens and closes

them at the proper time, performing the functions of a slide valve.

A pin in the center of the piston causes a shaft to revolve, operating

the counting mechanism through a train of gears.

(c) Oscillating 'piston.—A third style is the oscillating piston form.

In this style the measuring chamber is circtdar in shape with a rec- tangular cross section. A partition, on a diameter, on one side connects the two walls. The water inlet is on one side of this partition

and the outlet on the other, so that the water in its passage through

the meter flows completely arornid the chamber. The piston is of

the form of a spHt ring of cylindrical shape, the slot in the ring fitting

loosely over the partition. The piston is always in contact on a Hne

with both the inner and outer walls, dividing the measuring chamber

into four compartments, into which the water is alternately admitted

and forced out. The motion of the center of the piston is in a circle.

The piston itself shding on the partition does not rotate but oscillates,

the motion being similar to that of an eccentric strap.

{d) Dislc.—A fourth form and one very commonly used is the disk

meter. In this style the piston is in the form of a disk. Its motion

is that which a coin has, which has been spun on a diameter and when

its energy is nearly spent falls on one side and tilts around its periphery, a motion of nutation. The piston is suspended by a ball and

socket bearing in a chamber which conforms to the geometrical sohd

generated by its motion. The chamber is divided by a partition

which passes through a slot in the disk. On one side of the partition

is the mlet and on the other side the outlet so that the water passes

completely around the chamber. The piston is confined in its motion

by a roller on a central stem. The disk bearing on a line against the

top and bottom of the chamber divides it into four compartments

which are alternately filled and emptied. The nutations of the disk are communicated to the counter by an intermediate train of gears.

2. CURRENT OR VELOCITY TYPE. For the meastu-ement of large volumes of water flowing at comparatively high velocities the displacement type of meter becomes too

cumbersome and expensive ana offers too great a resistance to the

flow, and other types are resorted to. ^ Of these the velocity or inferential type is a common form. It is virtually a small impact turbine.

The water in passing through the meter flows through a wheel or

propeller to which it imparts a motion of rotation. The rotation of

the wheel is transmitted to a counting mechanism and register. The

speed of rotation is taken as a measure of the velocity of flow and

from it of the quantity.
EIGHTH CONFERENCE OP WEIGHTS AND MEASURES. 121

3. PROPORTIONAL TYPE.

Proportional meters measure large flows by dividing the stream,

part of the water being diverted through a small pipe. A meter of

the displacement type measures the flow through the small pipe but,

from this portion, registers the total floWo The advantage of this

arrangement is that the meter offers almost no obstruction to the

flow of water through the main line.

Special forms of meters are made in which a combination of types

already described are used to secure the advantages of each. One

such special form is the compoxmd meter. It consists of a meter of

the displacement type and a meter of the velocity type in the same

case, the water being automatically diverted through one or the other

according to the quantityflowing. Another special form is the detector

meter which combines a displacement _ meter and a proportional

meter. It is designed for service on a line which supphes water for

both service and fire uses. A displacement meter is mounted in a

by-pass on the main line aroimd a differential check valve which,

under usual conditions of operation, keeps the main line closed. The

water then flows through the by-pass and service meter, but in case

of fire when large quantities of water are drawn, the check valve

opens and the water flows through the unobstructed main line, a

second meter of the proportional type registering as long as the main

line is open.

4. VENTURI TYPE. We come now to the measurement of very large quantities of

water, for ^xample, in aqueducts, conduits and main supply lines,

where the fluctuation of flow is not extreme. For this service the

Venturi type of meter is used. It has no moving parts and practically causes only a temporary loss of head. It is esentially merely

a section of the conduit or pipe having a smaller diameter than the

rest, with a funnel-shaped approach and downstream section. The

difference in velocity in the section of smaller diameter, or the throat,

and the upstream section of fuU diameter, gives rise to a difference

in static pressure which is taken as a measure of the quantity of water

passing. The register is some form of U tube, or elaboration of this

form of manometer.

The meters in the Catskill aqueduct to supply the city of Few York

are of this type, built in the main conduit and of the same materials

as the conduit itself, reinforced concrete. They are intended to

measiu-e about 500,000,000 gallons per day.

III. METER REGISTERS.

Water meters usually read in cubic feet, sometimes in gallons.

There are two types—the straight-reading register, in which the separate figures appear on a line and are simply read off; and the more

usual type, a series of dials, such as used on gas meters, in which each

separate figure entering into the total reading is taken from a separrate dial. The number above each dial indicates the total quantity

for one complete revolution of the pointer, and each subdivision represents one-tenth of that amount.
122 BUEEAU or STANDAKDS.

rV. TESTING OF WATER METERS.

The method of testing water meters is simple and obvious. A

quantity of water is passed through the meter, measvired, and checked

with the reading of the meter. Most meters are provided with a

separate dial for this purpose, one complete revolution of the pointer

of which corresponds to one cubic foot in the smaller sizes. The

most satisfactory and accm-ate way of testing small meters is by

weighing the water passed through. A convenient and simple apparatus for this piu-pose consists of a tank to receive the water, moimted

on a platform scale, a discharge pipe from the meter into this tank,

fitted with a head provided with openings of different diameters,

any one of which may be connected into the discharge pipe, to seciu-e

the desired rate of flow, a quick-opening valve to start and stop the

flow of water, a device to easily connect the meter into the supply

line ; and a gauge to record the pressiu-e. Provided with such an apparatus, the procediu-e is as follows: The meter having been connected

into the line, a quantity of water is allowed to flow through the meter

to make sure it is working freely and to expel all air from meter and

pipe. Then, the proper size orifice having been opened in the discharge—say a five-eighths inch orifice for a full-flow test on a fiveeighths inch meter—the meter is read and the valve opened, allowing

the water to flow through the meter, the time of opening being taken.

When a predetermined amount has passed, say 10 cubic feet, the valve

is quickly closed and the time of closing recorded. By reading

from the scales the weight of water in pounds and dividing by the

weight of 1 cubic foot, we have the quantity in cubic feet actually

passed through the meter to check against the meter reading and

determine its error. The error of the meter is usually expressed in

per cent of the true quantity delivered. Dividing the cubic feet deHvered by the difference in time in minutes, we have the rate of flow in

cubic feet per minute. The process is repeated for as many fractional

rates of full flow as we wish to determine.

The meter registers volume, and we are testing by weighing the

water in pounds. Using cold water from the city mains for testing

purposes and using a value of 62.4 pounds for the weight of a cubic

foot of water, with fluctuations in temperature between, say, 40° F.

and 75° F., it is not necessary to take account of the temperature of

the water except in very exact work. Say the water is at 75° F.

and we have used the value 62.4, the error from the use of this figure

will be about two-tenths of 1 per cent and for lower temperatures

still less. For practical purposes the water may be considered as incompressible, and no account need be taken of change of volume

with pressure.

Meters are sometimes tested by connecting a portable test meter

whose error is known into the service line, allowing the same water

to flow through it and the meter to be tested, and checking the reading

of the latter against the former. When the capacity of the meter

becomes so large that the weighing of the water becomes impracticable, the quantity of water registered by the meter is checked by

measuring the actual flow by means of a weir or by discharging into a

reservoir of known capacity.
EIGHTH OONFEBENCE OF WEIGHTS AND MEASUEES. 123

DISCUSSION.

The Chairman. With regard to this paper and the one we had yesterday, I would say that the whole matter is not nearly so difficult as

it seems. Our reason for putting m these papers is that in many new

places where the work is just b^ing organizecl, the work of testing the

water meters and gas meters will be taken up by the weights and

measures department. The apparatus is simple; it is nothing to be

feared, and the bureau will maintain apparatus for instruction, and

welcome here at any time those who wish to be instructed in that

sort of work. Both of these papers—in order to make them complete,

I suppose—have dealt with a wide variety of apparatus and apparatus

of larger sizes. Take this last paper* very simple apparatus will handle

all the meters used in ordinary service work in any city; and those are the things in which you are interested. The large meters and other

things would have to be handled, perhaps, in another way. The

water and gas meters are just as important as weights and measures

of any other sort; and, as I said yesterday, when this is thoroughly

recognized, the subject of weights and measures will mean much more

than it does now.

DESIGN AND CONSTRUCTION OF SCALES.

By A. BousFiELD, Chief Engineer E. & T. Fairhanhs & Co.

Mr. President and gentlemen, in preparing this paper on the design

of scales the writer merely endeavored to present some of the broader

Srinciples underlying all scales, without attempting to describe or

lustrate any of the minute details of any particular type of construction. I have entirely omitted automatics and springless dial attachments. Such great development has taken place in these two types

of machines recently that they seem worthy of a separate paper. The

paper can therefore be regarded almost as an introduction to the

subject of scale design.

During the past few years it has been the writer's privilege to study

the design and construction of scales and weighing mechanisms, and

particularly those adapted to railroad use. From about 1833 to 1870 great activity was shown in the development and perfection of scales and weighing mechanisms, and numerous patents were granted during this period, and then the pendulum

seems to have swung in the other direction, and the time and attention

of the manufacturer appear to have been absorbed in producing

large quantities of the old models and assuming that these were

whoUy adequate to meet current demands.

In the meantime the railroad companies were rapidly increasing

the carrying capacities of their cars. Freight tonnage was also rapidly increasmg, thus necessitating the quicker handling and weighing

of freight cars. The Hepburn act of 1906 placed the responsibility for the weight

of the carload at its destination with the railroad originating the

freight.
124 BUEEAU OF STANDARDS.

All these factors compelled the railroad companies to gire more

consideration to their weighing equipment and to demand more

refined and accurate machines for doing their work.

The manufacturers, in their efforts to meet these demands, strengthened their old type of scale and also increased the length of knife edge

in the main levers; retaining, however, the old form of construction.

The past few years, however, has seen great activity in new and

original designs, particularly in track scales. ' On a busy railroad system, in order to expedite the movement of

freight, it is a great advantage to weigh the freight cars in motion, and

in order to do this successfully the lever system of the scale must be

suificiently heavy to resist without undue deflection the effects of the

moving loads. The platform should have perfect freedom of motion

in both planes and should be so constructed that if it is moved shghtly

from its normal position it will return promptly to position and

balance.

Theory and practice are both agreed that the suspension or pendulum system of scale construction is the most accurate and refined that

has yet been evolved.

For heavy track-scale construction, and particularly when motion

weighing is in vogue, the suspension or pendulum type of scale has

undoubted advantages over the old rigid Dearing type.

All scale design is based upon the basic principle of the lever. The

first and second orders of levers are extensively used in scale construction, but the third order—i. e., where the power is applied between

the ends—^is seldom used.

Before commencing to design a scale, the designer should be thoroughly conversant with the most advanced practice, so that he will

not attempt to experiment with types of construction which have

proven unsatisfactory in the past.

There are three distinct types of levers to be considered, viz, straightline solid-lever type, straight-line trussed, and pipe or torsion levers.

All these types possess individual merit as apphed to particular

instances.

The straight-line solid-lever type is particularly well adapted to

track-scale work, where great rigidity is an aU-important feature.

The straight-Hne trussed-lever type is well adapted to wagon scales,

where the platforms are large and the capacities light. Along lever

is required, and economy of material can be secured by the use of truss

rods.

Pipe or torsion levers are well adapted to scales which are to be

apphed to hopper and charging cars. The principal objection to this

type of lever is that for heavy capacities the cyhndrical portion has

to be made very large and heavy in order to resist the combined

bending and torsional strains introduced by the loading. A fault frequently met with in the design of this t3rpe of lever is the short fulcrum

used. The short fulcrum is used so as to get a high multipUcation

and thus reduce the load on the sphces and the extension levers and

thereby cheapen construction.

A slight amount of unequal wear on the pivots in a lever with a short

fulcrum and a high multiplication very quickly introduces serious

inaccuracies in the scale.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 125

If, however, long fulcrums are used and the bending and torsional

stresses kept low, rigid and accurate scales can be designed and built

with pipe levers. The tendency, however, in competitive business is

to stress the material well up to the elastic limit and thereby reduce

the weight of the component parts of the scale as much as possible.

In designing scale levers it is necessary not only to consider the safe

working stresses to which the various materials used may be subjected but the deflection of the levers under load must also be considered, as one of the sources of error in a scale is the elasticity of the

material, because bending and twisting of the lever system tends to

change the multiplication and produce alterations in the state of equilibrium. For this reason all parts of a scale must be made of sufficient

strength to resist the effects of any appreciable strain. This feature

should be carefully watched in scale design, for if the sizes of important

members are reduced, so as to produce excessive stress, accuracy will

be materially sacrificed when the scale is loaded to full capacity.

Cast iron is the material most extensively used in the construction

of scale levers. This is due to its cheapness and the ease with which

it may be worked.

The properties and strength of castings depend upon the quality of

the ores and the method of their manufacture in both the blast and

the cupola furnace. Long-continued fusion improves the quality of

the product, as also do repeated meltings. The percentage of carbon

in cast iron is a controlhng factor which governs its strength, particularly that percentage which is chemically combined with the iron.

Medium-quality castings have an ultimate tensile strength of from

16,000 to 20,000 pounds per square inch, while the elastic limit in

tension is about 6,000 pounds per square inch. The modulus of elasticity ranges from 12,000,000 to 18,000,000 pounds per square inch.

The above figures assume that the castings are well designed, with a proper distribution of metal, so that they nave not been subjected to

the bad effects of cooling strains. It is therefore desirable to keep the

stresses in cast-iron scale levers down to at least 3,500 pounds per

square inch in tension.

Pivots and knife edges may be considered as infinitely small roll- ers rolling upon their foundations or bearings. Either a perfectly

flat bearing or one whose surface is formed by a large radius is better

than a sharp V bearing; because with a sharp V bearing, an element of friction is introduced, due to the effect, however slight, of

sliding friction. In some types of special construction, however, the

V bearing is a necessary evil. The correct angle for knife edges and

pivots has never been very definitely determined. The angle of 90°

gives good results for heavy loads, but for scales of light capacities

a sharper angle is desirable, and for scales up to 150 pounds capacity

may be 45°. The angle of 60° is extensively used by European

manufacturers for light scales. The end to be aimed at in establisning

the correct angle for pivots and knife edges is to determine the angle

which will enable the pivot to support the greatest load with a minimum of wear under aU conditions. There is a general agreement

among scale designers that the greater the load the greater should be

the angle of the pivot or knife edge.
126 BUBEAU OF STANDABDS.

The bearing pressure per linear inch of knife edge has an important bearing on the enduring accuracy of the scale. Loads of 8,000

Eounds and 10,000 pounds per linear inch of bearing surface have

een used, but a load of 5,000 poimds per linear inch will be found

sufficiently high for scales subjected to the efiPects of heavy loads in

motion.

The material used in the construction of pivots and bearings is all important.

For fine scales and precision balances, agate is used to good advantage for the bearings. It is exceedingly hard and takes a fine finish.

The material almost universally used for knife edges, pivots, and

bearings is steel, with the exception of agate, as above mentioned.

The ideal condition for pivots and bearings is that the contact

surfaces should be extremely hard, whUe the remainder of the structiu"e retains toughness and ductdity, so that the process of hardening

pivots and bearmgs can not be given too much care and attention.

As the knife edge or pivot simply rests upon its bearing, means must

be provided to prevent lateral displacement. Contact plates which

are introduced for this purpose should be arranged whenever possible, so that the point of contact is at the pivot edge. This insm-es

that when rotation occurs, the friction or contact point on the pivot

does not describe an arc of any appreciable magnitude, as this would

tend to introduce friction. This feature is most important in beams,

because the magnitude of rotation in the beam is greater than in the

other levers of the scale. The multiplication is always highest at

the beam, so that any friction introduced at this point materially

affects the acciu'acy of the scale. If the contact occurs at the ends

of the pivot they should be beveled off, so that the knife edge itself

becomes the longest line of the prism. Whatever arrangement of

contacts is used, care should be taken to see that one is pomted and

the other flat, for if two points are used there is a danger when rotation occins of their becoming locked; that is, one may pass the other

and thus produce more friction than if they had not been used at all. The manner in which the load is appHed to a system of scale

levers is an aU-important featm-e in design, in order to secure perfect

freedom for the platform and at the same time not introduce undue

wear upon the pivots and knife edges. The suspension system

effectively fulfills this function. The mechanical details of construction in suspension-bearing scales of recent design differ widely,

but all aim or should aim to place the suspension of the load below

the pivot fine and also secure freedom of motion in both planes. In

a properly designed suspension bearing perfect freedom of motion is

attained without movement of the lever system. The arrangement

should be such that if the platform is moved slightly from its normal

position, whether laterally or longitudinally, either as a whole or at

one end only, it will return promptly to position and balance.

In the suspended type of construction, limit checks are aU that

are necessary; that is, checks which wall merely restrict the movement of the platform within tolerable limits. In other words, if the

vertical ahgnment in a suspension-platform scale is distvu-bed it will

naturally tend to return to its normal position, and the function of
EIGHTH CONFEBENCE OP WEIGHTS AND MEASURES. 127

the check is merely to prevent excessive displacements, which in track

scales may be caused by the disturbiag action of moving cars, or in

dormant scales, by trucking over the platform. When rigid bearings are used in scale construction and the whole lever system sus- pended and allowed to swing, there must always be more or less

grinding and scraping of the bearings on the knife edges. This

movement may be inBnitely small, but it possesses an intensity

very destructive to both pivots and bearings, causing wear with

consequent friction.

LEVER DESIGN.

In designing levers for scales which are subjected to severe shocks

due to the effects of moving loads, an allowance of 100 per cent for

impact should be made. So that, having established the maximum

working stress which is to be used, the levers should be stressed to only

half this amount when the actual capacity is considered. It is poor

practice to stress the material up to the elastic limit, for when this

IS done undue deflection is introduced which wUl probably cause

inaccuracies when the scale is loaded to full capacity.

Excessive deflection of scale levers is one of the serious defects

frequently met with in design, and calculations should always be

made to determine deflection before allowing construction work to

be started. In levers for heavy scales it is desirable that the pivots

and knife edges shoxfld all be reinforced by projections cast integral

with the lever. This construction reduces the bending moment in

the pivot steel and is much more preferable than to aUow the pivot

to project beyond the side of the lever without any support. In

scales of hght capacity, however, the reinforcement is not so necessary;

as, for manufactiiring reasons, the pivot is of necessity sufficiently

large to resist any bending strains imposed upon it. In levers where the arc of movement is large, it is very desirable to

have the pivots placed on the neutral axis of the section. This

insures an equal distribution of mass about the pivot line and enables

the lever to work imder ideal conditions. When deciding upon the

cross section of a lever, the distribution of metal should be arranged

so as to withstand lateral as weU as vertical strains, and where levers

will be subjected to the effects of eccentric loading, the torsional

strain should be carefully considered.

SCALE PLATFORMS.

The supporting members of scale platforms should be designed so

as to be sufficiently rigid to eliminate excessive deflection, which

tends to throw unequal loading upon the scale mechanism. When

these members rest on two points of support, the calculations are

easy, for when reduced to their elements they are simple beams

supported at two ends and subjected either to a distributed or a

series of concentrated loads. When more than two points of support

are used, however—as in a track scale of more than two sections—the

calculations for bending movements become more comphcated. The

case is that of a continuous girder subjected to the effects of a series

of concentrated and moving loads.
128 BUEEAU OF STANDABDS.

For track-scale bridges over which locomotives are likely to be run,

it is weU to design these for one of the various classes of Cooper's

standard bridge loading, adapting the class to the type of locomotive

used by the raih-oad installing the scale.

The effect of running coupled cars over the weighing rail of a scale

should also be considered. Under this condition a load equal to

four times the individual axle load is concentrated upon a span of

17 feet 6 inches.

The capacity of a standard freight-car axle with journals 5^ by 10

inches is 40,000 poimds. Therefore we have to consider a load of

160,000 pounds concentrated upon a span of 17 feet 6 inches.

Recent development in transportation problems have made it

necessary to consider the building of heavier freight cars, and the

Master Car Builders' Association have approved of the design for an

axle with journals 6 by 1 1 inches with a capacity of 50,000 pounds for use under freight cars, and if these cars come into general use railroad

track scales wiU have to be designed of sufficient capacity to weigh

them accurately in motion.

SEALING LEVEES AND BEAMS.

There is nothing of greater importance in the manufacture of

scales than the seaung of the levers and beams. This must be done

with the greatest of care and accuracy, and levers of large capacity

should be sealed with test weights as heavy as it is practical to handle.

If light test weights are used in sealing, there is a great danger of the

levers being inaccurate when loaded to fiill capacity. It is almost

impossible to detect slight discrepancies with light test weights.

If the lever is fitted with a nose iron, its position should be carefully

marked, so that if it is changed by rough handling in shipping it can

readily be reset to its true position. The field man will readily

recognize the importance of this.

The notching and marking of beams is an operation of precision,

and it is almost impossible to obtain or manufacture a machine of

sufficient accuracy to do the work without final sealing by a skilled

workman.

The beam must be accurate, for aU the care in design and manufacture of the other parts is thrown away if this part is not carefuUy

and accurately made. This is more particularly true where the

multiplication of the lever system is high, as in a track scale.

The usual practice in track-scale construction is to carry the

multiplication at the butt of the beam to about 800. In some special

instances it is kept as low as 400; then, with a multiplication of 10 in

the beam itself, it can readily be seen that great accuracy is necessary

to give correct weights.

ERECTION AND TESTING.

The correct erection of a scale is Just as important as its design

and manufacture. Small self-contained scales—such as balances,

markets, trips, and counter scales—are arranged so that there is little
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 129

chance for incorrect assembling if ordinary intelligence is used. The

subject, therefore, of erection and testing may be confined to the

larger units, such as wagon, hopjjer, and track scales.

A good foundation is of vital importance for the correct working

of a scale of the above-mentioned type. When the scale is of the

pit pattern, cement concrete is the material best adapted to a foundation. The supports or piers for the lever stands should be very

carefully leveled and the foundation bolts accurately set. When installing the scale, great care must be exercised in order to

have all the levers level and all connections plumb. All checks should

be carefuUy examined to see that they do not bind the platform.

Checks in a scale are a necessary evil. In rigid-bearing types they

are necessary to hold the platform in position, as loads are run on

and oflf; with proper care, however, the limit of disturbance can be

held very low. In suspension or pendulum types they are used

more as a limit check, as the platform wiU naturally return to its

correct position after displacement, and the checks merely insure

that displacement will not exceed tolerable limits. Checks of whatever nature, however, wiU always introduce more or less friction,

which is the enemy of all scales, and it is of vital importance that the

erector should use very great care in adjusting check rods. Another

point that must be closely watched is to see that all pivots and bearmgs are taking their proportion of the load. This is of great importance in scales where the load is supported on a number of sections

as in a track scale, for if one of the main levers is loose, a hammer

blow will be dehvered to the knife edge, which is very disastrous to

its Hfe and also impairs the accuracy of the scale. For pit scales

good drainage is very necessary as dampness and consequent corro- sion very quickly impair the accuracy or the scale. It is impossible

to get correct weights from a scale whose pivots are badly rusted.

After the scale has been erected and all the component parts are

in position, a thorough inspection should be made by the erector to

see that all connections are free and perfectly plumb, that pivots and

knife edges are properly seated in their bearings, and that all levers are tight and in position to take their proportionate share of the

load. After the erection of a scale it should always be tested to as near full capacity as practical.

In the case of wagon scales this is not always easy, as it is difficult

to transport the requisite number of test weights to isolated points.

Track scales are readily tested by means of test cars, which should

have a maximum capacitjr sufficiently great to place a load on each

section equal to the load it will receive in actual service. The test car should be made with a short wheel base so that its total weight

can be concentrated between the two sections of a track scale.

When a master scale is not available, it is a decided advantage to

have the car arranged to carry sufficient 50-poimd test weights to

equal at least the net weight of the car. When the car is built in this way, its accuracy can be proven

without the aid of a master scale, and in the case of a dispute the

proof may be estabfished in the field, and at the scale which is being

28670°—14 9
130 BUREAU OF STANDARDS.

tested, without having to run the car to some terminal point where

a master scale may be located.

When it is found that adjustments are necessary in order to make

the scale weigh correctly, such adjustments should always be made

by an experienced erector or scale mechanic, as this work requires care and skiU, and the uninitiated will usually make the scale worse

instead of better if attempts at adjustment are made.

In testing grain hopper scales of large capacity such as 2,000

bushels, the following method of procedure will give good results.

Suspend a temporary framework from the scale platform framing

and place 2,000 pounds of test weights on each corner successively,

testing the beam after each corner has been loaded. When the loading of the last corner has been completed, a load of 8,000 pounds of

test weights will have been placed upon the scale.

Then run grain into the hopper untU the fuU capacity has been

reached. Rebalance the scale and remove the weights from each

corner separately, checking each corner as it is respectively unloaded.

Grain hopper scales work under almost ideal conditions, as the loads

are gradually and steadily applied and removed, the grain flowing

in and out in a steady stream. With reasonable care in handling

and operating very accurate results can be obtained.

MOTION WEIGHING OF FREIGHT CARS.

When track scales are used for motion weighing, it is necessary to

place the weighing rail upon a grade; the amount of grade used has

a direct bearing upon the motion of the cars over the scale. The

main object is to attain a nice easy motion of the cars and to avoid

impacts both on the scale and in the classification yard.

Experience has demonstrated that a grade of 0.75 per cent wiU

give good results. This grade should be estabhshed in that portion

of the scale bridge located above the main bearings, as it is essential

to keep the scale mechanism level. Grade blocks may be placed

above the main bearings and aU the ties and rail stands be kept the

same height, or the grade maybe formed in the crossties or by varying

the height of the rail stands. In recent years a decided advancement has been made in the construction of platforms for high-grade

track scales used by railroads. Instead of using an exposed floating

platform, a rigid deck construction is used, the weighing rail being

supported by rail stands resting either directly on the main longitudinal girders or on crossties. These stands pass up through the

rigid deck and support the rail, so that instead of the whole platform

being supported on the scale and exposed to all disturbing elements

only the rail is exposed. Another distinct advantage of this construction is that protective overlap may be used at each end and

the load applied at a point beyond the center line of the first section.

This feature eliminates all tendency of the platform or rail to tilt as

cars or locomotives enter upon the weighing rail. If the protective

overlap is carried sufficiently far, it also tends to distribute the load

between the first two sections and preserve the life of knife edges in

the first section.
EIGHTH CONFERENCE OP WEIGHTS AND MEASUKES. 131

RECENT HEAVY CONSTRUCTION.

What is probably the largest and heaviest track scale in the world

has recently been constructed for the Norfolk & Western Railroad.

This scale is 68 feet long and is made in four sections. Five foot six

inch protective overlaj) is used at each end, thus giving a 57-foot

weighing rail. The main lever stands are placed directly upon the

concrete foundation and all pocketing of piers is eliminated. The

scale is equipped with dead rails which are supported upon heavy

transverse girders. It is also furnished with flexible rails in order

to bring the load gradually on to the lever system.

The scale is built on 0.75 per cent grade obtained by the use of

grade blocks placed imder the main girders. The main girders are designed as a box chord, and are made in three sections, so as to

elimmate the objectionable upward reaction of the extreme ends which

is experienced in a continuous girder. These girders are designed so

as to give a maximum stiffness both vertically and transversely.

The main levers are cast steel, with the load and fulcrum pivots

15 inches long and with the tip pivots 7 inches long. The end extension lever is 14 feet 8 inches long, with 22-inch fulcrum, with the load

and fulcrmn pivots 2J inches square and arranged so as to give a

bearing of 6J inches at each side of the lever. The pivot in the tip nose iron is of the continuous knife-edge type arranged with 5-inch

continuous bearing surface.

The middle extension lever is 18 feet long with 13|-inch fulcrum.

The load and fulcrum pivots are 2 J inches square.

The fifth lever is 10 feet 6 inches long with ISJ-inch ftilcrum.

The load and fulcrum pivots are 2 inches square, and the tip nose

iron pivot is of the continuous knife-edge type. All pivots m the

levers are heavily reenforced, so as to guard against all bending

strains. The multiplication of the lever system is as follows:

Main levers multiple, 3;

Extension levers multiple, 8;

Fifth lever multiple, 8|;

SheK lever multiple, 2

;

thus giving a multiplication of 24 at the tip of the extension levers,

a multiplication of 200 at the tip of the fifth lever and a multiple of

400 at the butt of the weighing beam. The main lever and extension lever stands are placed directly on the concrete. The extension

lever stands are furnished with loose rocker steels, so as to maintain

a full fine contact with the pivot edges at all times.

A system of tranverse and longitudinal bracing composed of heavy

cast-iron I-beam sections is provided for connecting the main and

extension lever stands.

This bracing is connected by means of heavy flanges cast to the

main lever and the extension lever stands.

The main bearings are of the suspension type, arranged so as to

give perfect freedom and also retain perfect ahgnment with the pivot

edges at all times and without movement of the lever system.

The main suspension links are of cast steel, also the crossbars and

rockers.
132 BUREAU OF STANDARDS.

The bearings are provided with adjustable wedges designed with a

vertical range of one-half inch, so as to provide for variations in the

main girderconstruction.

The longitudinal checking is arranged with a substantial and rigid

connection to the main box girders. The check rods are 1| inches

diameter and are provided with a turnbuckle connection for adjustment.

The transverse check rods are connected to transverse diaphragms

between the main box girders and to tlie side walls of the pit. The

check rods are 1 1 inches in diameter and four sets are used at each

side of the main girders.

The dead rail is supported by transverse girders.

The weighing beam is grad.uated 300,000 pounds by 20 pounds,

and a bottle weight of 100,000 pounds' capacity is used for loads over 300,000 pounds.

In order to maintain a maximum of stiffness and rigidity throughout the lever system and to eUminate the bad effects of deflection to

as great an extent as possible, a load of 100 tons per section has been

assumed in dBsigning the scale mechanism. The maximum stress

allowed in the members xmder this loading are as follows

These scales are designed for weighing in motion some specially

heavy coal cars which have recently been designed by the Norfolk

& Western Railroad.

Mr. Richardson. I want to know what, in your opinion, is the

most suitable type of railroad track scale ? I would also hke to ask a second question: Can a car be weighed

as accurately when moving across the platform as when at rest upon

the platform?

Mr. BousFiELD. I do not think I care to answer the first question

as representing the manufacturer. I do not think it is quite right.

As far as the second question goes, I do think quite as accurate

results can be obtained by weighing cars in motion as by the ordinary

method.

Mr. WuLFSON. Mr. President, I want to ask the gentleman one

question. You mentioned that to ascertain the accmacy of some

scales you have to have a load of 8,000 pounds. Suppose an inspector

has only 1 ,000 pounds of weights; how is he going to test the accuracy

of an 8,000-pound scale ? Mr. BousFiELD. You will notice that when I spoke of the 8,000

pounds of test weights I was speaking of 2,000-bushel hopper scales

which are always installed at large terminal elevators. I think you

will find in such cases that the elevator company always has a good

supply of test weights. At each corner you put 2,000 pounds, so you

have 8,000 pounds of test weights; then you run your grain in up to

Pounds per square inch. Cast steel in tension Cast iron in tension

Structural steel in tension

6, OOO

2, 000

8,000

DISCUSSION.
EIGHTH CONFEBENCE OP WEIGHTS AND MEASURES. 133

the full capacity, which is 120,000 pounds—60 tons; then, with the

grain in, take your weights up successively from each corner and

check with your beam for each 2,000 pounds taken off. It is about

as rigid a test as can be made, and has always been found to give very

accurate results.

Mr. WuLFSON. You ought to inspect first the elevator company's

test weights to see if they are correct. Is not that right ? Are they

tested by the National Bureau of Standards ? Mr. BousFiELD. They are furnished by some scale manufacturer

and are supposed to be correct. Of course, if you wish to carry the

test to finality you will have to test them with some standard such as that of the Bureau of Standards, if you wish to go to that extent.

Mi. Wulfson. Are the weights of these scale companies approved

by the National Bureau of Standards before they are given out for

commercial use ? Mr. BousFiELD. All test weights that are furnished are referred to a standard which has been approved by the Bureau of Standards.

The master weights are approved by the Bureau of Standards, and

the commercial weights are sealed by those standards. The individual weights that are furnished to the customer are not inspected

by the btu^eau.

Mr. WiiLFSON. Thank you.

The Chairman. Mr. Wulfson, if you should desire as a city sealer

to check up those weights, they are divisible into smaller quantities,

even the elevator weights; so that you with yovu* thousand pounds,

or whatever you happen to have, could check those in case you

doubted it. Yom test weights should go back originally to the Government standard weights, and we know that the test-weight makers'

standards do, and in that way jou can check one upon the other.

Mr. Wtilfson. Mr. President, I asked that question while the bill

in the State of Indiana was pending, and the only one that fought

the bill was the grain elevator company. We have to work in conjunction with the grain elevator company because they have a thousand-pound scale in the State of Indiana and the farmer has to rely

upon it. Why didn't they work for the bill? Because they were

airaid. That is the reason I asked you; because we have to work in

conjunction with the elevator company, and I would not take their

weights unless the Bureau of Standards approved them.

Mr. Maronet. Mr. President, I would hke to ask the gentleman

a question. Does it make any difference in the weighing of a car, whether the air is on that car or not ? In other words, will the air

on the car, with the brakes set, make a difference?

Mr. BousFiELD. Yes, it will.

Mr. Maronet. Will you explain why, please ? I have had some

experience in that, and I would like to know the reason. Mr. BousFiELD. I do not know that I can give a very good scientific reason. The Chairman. Mr. Maroney, suppose you explain your question

a little more; teU these gentlemen what you mean by the ''air on

the car."
134 BUREAU OF STANDARDS.

Mr. Maronet. Why, in weighing a train of cars—we will assume,

for instance, that it is a train of coal—the car goes on the platform

of the scales and the air is on the brakes.

The Chairman. That is right—the air brakes. That is the point

I wanted to bring out.

Mr. BousFiELD. For instance, if you are running a car over a

track scale and the brakes are applied, a reaction takes place between

the wheels and the rail, and that reaction, of course, has to be absorbed somewhere. The assumption would be that it would drive

the scale over against the longitudinal checks or against the ends

of the rails and produce friction and thus cause an inaccuracy in

your weights.

Mr. Maroney. The reason I asked the question is that I have had

a difference of as much as 200 pounds on a car with the air on and

with the air off. It is a truss scale. We found that it made a difference of as much as 200 pounds. Of course some cars varied more

than others.

Mr. BousFiELD. How did you get the air on the car ? Mr. Maroney. From the engine; they were aU coupled together; of course they had to be.

Mr. Foss. How did you know, then, that it was the air ? Mr. Maroney. The car stayed in the same spot with the air on

and with the air off, on a signal from the engineer.

Mr. Foss. While the car was moving ? Mr. Maroney. No; it was stationary originally; the car was on

the platform of the scale and weighed with the air off. Mr. Foss. And all coupled together ? Mr. Maroney. Coupled together.

Mr. Foss. It does not make any difference. If your car is standing still it makes no difference whether your air is on or off. Mr. Maroney. But it has made a difference, and the gentleman

who made the scale admitted that such was the case. Mr. Briggs. Let me suggest this possibihty: Suppose the car is

on the scale with the brakes on ; let us assume that there is a slight

grade there, and that the weight and thrust of the car tending to

make it roll down grade is carried on the brakes. Now suppose

you release your brakes; it is possible for that car to ride down

against the coupler and part of the weight be carried by the coupler

of the next car. Mr. Maroney. Sure.

Mr. Hapgood. Mr. President, I think possibly a part of that error

but if you put a heavy pressure on the air the tube has a tendency

to become very rigid. I had such an experience as that, in a smaller

way, in a scale I designed at one time lor weighing gas ; there was

an air tube in there, and when the pressure was on that tube the

scale would show one indication and when the pressure was let off

it would show another. It was due in that case entirely to the

difference in the flexibihty of the tube. Now, that might have some

bearing on this error that Mr. Maroney speaks of, irrespective of

what might come from the coupler.

might be due to the air tube.
EIGHTH CONFERENCE OP WEIGHTS AND MEASURES. 135

The Chairman. It is extremely unlikely, I think, that any appreciable error would come from the flexibility of the tube; it would

be very small.

Mr. Briggs. a further suggestion would be whether any source of

this trouble could come from the checks on the scale not being in a horizontal line when the brakes were on. Say there might be considerable compressive force between the engine and the car; that is, the

engine roight put a horizontal thrust through the coupler and through

the rigid brake of the car on the platform, and if the checks were not

horizontal a corresponding error would be produced. It would

disappear as soon as the brakes were released—as soon as the horizontal thrust was taken from the scale.

Mr. Maeonet. Mr. President, the gentleman has taken my ammunition. For the benefit of the other gentleman who talked about

locking, etc., I would say that the car was wedged; there were wedges

put under the wheels, and the car was weighed with the air on and

off. The capacity of the scale itseM was pretty weU taken up, and

the check rods were the solution of the trouble.

NOTES ON SCALES.

By C. A. Briggs, Assistant Physicist, Bureau of Standards.

Practically aU attention, thought, and work given to weights and

measures questions are for the ultimate purpose of realizing correct

weights and measures. The questions which arise can be roughly classified under two

heads, questions of administration and questions of weighing instruments and weighing practices.

Questions of administration may be subdivided into those which

deal with frauds and dishonest practices and those which deal with

measures devised to test the accuracy of instruments and correct

the errors which occur on account of wear and tear of the appli- ances and to mistakes and carelessness.

Aside from the questions which arise from consideration of dishonest practices the questions of administration are based almost

entirely on consideration of the subjects which are grouped under

the second head, namely, questions of weighing instruments and

weighing practices.

In order that the ideal in weights and measures be approached,

it is necessary that the questions of mechanisms and practices be

satisfactorily disposed of.

These latter questions are the technical side of the subject and

are the ones which are considered in this presentation.

A great many persons have the impression that these questions

are entirely secondary in character and that in this respect conditions

are entirely satisfactory. In regard to this I desire to state that this

is decidedly not the case; a great many important problems await

solution and a great deal remains to be accomplished. For illustration the elementary proposition of testing scales of fairly large capacity, such as wagon scales, is one of immediate importance. Scales

are now generally tested at but a fraction of their full capacity, with

\
136 BUEEAU OF STANDAEDS.

the result that a great many scales are being used continually for

weighing large loads which are not giving correct weights.

The gratifying feature of the situation, however, is that the importance of technical questions is becoming recognized and steps are being

taken which wiU ultimately reduce the various practices to satisfactory working bases.

In large scales a great number of engineering questions relating

to the design, installation, test, and maintenance have to be reduced

to principles of general application. In this connection it is well to

recall that in designing bridges, buildings, machines, engines, etc.,

certain engineering principles of general apphcation have been recognized and constantly apphed for years, but it is only recently that

there has been any consistent attempt to apply them to the construction of scales.

For this reason the technical literature on scales is not very extensive and the present paper is intended to initiate discussion on various

items pertinent to the subject.

Owing to the great number of different subjects presented there is

an entire lack of unity in the paper as a whole, but in this manner

more ground can be covered m the hope that the general interest

in the subject will be stimulated.

The paper is divided into two parts: I. Experiments on scales and

weighing; II. Technical features of scale construction..

1. EXPEKIMENTS ON SCALES AND WEIGHING.

During the past year a large number of minor investigations in the

way of experiments and tests have been made at the Bureau of

Standards. While some of the results are very interesting, they are not sufficiently numerous to estabhsh them as representative. For

this reason most of the results obtained will be given at a future date

when they can be supplemented with additional information.

Upon account of its bearing upon an article by the writer which

appeared in the report of the conference of a year ago, the results of a test on the load distribution of a wagon scale wiU be given.

The experiment was made upon a wagon scale belonging to the

Bureau of Standards and was for the purpose of determining which

type of load distribution I, II, or III prevailed. (See articlein seventh

conference report.)

It may at first seem difficult to make such an experiment, as a method of determining the weight carried on any particular comer is

not at once obvious. In the experiment a method was secured which

is not only useful in the present case but may be modified to meet

other questions of a similar nature.

The method appKed was as follows: Referring to figure 1, which

appeared in last year's article, a jack was placed under one of the

comers—in the first instance it was placed so as to support one end of

the short lever where it normally was supported on the long lever.

When this was done the scale had to be rebalanced, as the dead weight

of the platform carried on the comer in question was now supported

by the jack and did not reach the beam.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 137

A certain amount of known test weights were then placed on the

platform of the scale. The portion of these added test weights which

was carried on the comer corresponding to the jacked lever would not

appear on the beam. For instance, if 600 pounds of weights were

added and the beam read 625 pounds, then the missing 75 pounds

would be carried on the jacked comer.

In this way the load distribution was explored in reference to the

comer under which the jack was placed and mapped out on the

platform.

In the previous article on load distribution which appeared last

year the results were expressed by designating the lines of constant

weight with respect to any particular corner considered. In the

present experiment the values were obtained in a manner which gave

these curves directly.

The weights were placed in a row on the platform and then changed

by moving the row along until a balance of some particular value was

obtained. When the weights were in this position the location of the

center of gravity of the weights was marked on the platform and subsequently measured. For instance, during one series of observations

the poise was set, after balancing at zero load, at 235 pounds; 600

pounds of test weights were then placed in a position to balance this

and the position of their center of gravity was marked. They were

then lined up along a new row and moved along until a balance was

again secured, and the position of their center or gravity was marked

for this position, etc. This was repeated until a sufficient number of marked points were

obtained to locate the hne of constant weight for that particular load.

In this case the load was 500 pounds, the amount appearing on the

beam from the three unjacked corners was 235 pounds, so that the line

determined was the line of constant weight for 500 — 235 pounds or 266 pounds.

The work of determining the points proceeded very rapidly.

The weights were placed in rows and then the rows were shifted

lengthwise by taking a weight from one end and placing it on the

Fig. 1.
138 BUREAU OF STANDARDS.

other end. For interraediate positions of the weights the end weight

was placed on top of the other weights as determined by trial and the

position of the center of gravity could be very rapidly estimated within a fraction of an inch. Kjiowing approximately the position of the

point desired the different trial operations could be carried out in

very rapid order.

The results of the test are given in figure 2. The points corre- spond to actual observations and the curves are drawn in to cor- respond. The sHght irregularity of the points was caused by varyingwind pressure. Considering the character of the experiment, these

points are surprisingly regular.

The results of this test were unexpected ; the action of the platform

came under that described under class III in the article referred to in

the report of the conference of last year. The platform was almost

perfectly flexible. This was not looked for, as the platform had a

steel frame and was very strongly built. While some flexibiUty was

Fig. 2.

expected, it was not thought that the absence of rigidity would be as pronounced as is indicated in the curves. During the test several precautions were observed. For instance,

with the jack standing upon the sohd concrete floor of the pit, it is to

be expected that the lever supported on the jack would be held more

rigidly than when attached to the somewhat flexible lever system.

That this was not sufficient to alter the results was demonstrated by

placing a cushion of rubber between the end of the lever and the jacK,

aUowing considerable yield, and the result of the load distribution was

unaltered.

It is desired to direct particular attention to the fact that this

method of exploring for the load distribution can be applied to railroad track scales.

The bridges of most track scales are of the continuous-girder construction. The bridge is supported upon the levers which form a

somewhat interlocked and flexible system, making the question of

the load distribution a rather complex problem. By jacking up
EIGHTH CONFERENCE OP WEIGHTS AND MEASUEES. 139

various pairs of main levers, balancing the beam, then weighing a known test car on various points of the scale the load distribution

can be experimentally determined, as the portion of weight which

does not appear on the beam wiU be that carried on these pairs of

levers.

The experimental measurements on the deflection and torque of

the levers of track scales will be mentioned in the description of the

instruments used, which appears in a later portion of this paper.

Trussed levers.—The design of trussed levers does not seem to have

been reduced to imiversally accepted rules, as a great many of them

are designed by cut and try methods. In this connection the statement has been made that the compression member in trussed levers

should be designed as a simple strut, one end fixed, the other end

hinged or rounded.

A recent experiment made at the Bureau indicates that this rule

does not allow for the facts in all cases. It was found during the

test that the compression member tested carried a transverse load

corresponding to over 20 per cent of the total load on the end of the

lever.

ih— — —

}^ o<a

Fig. 3.

II. TECHNICAL FEATURES OF SCALE CONSTRUCTION.

1. THE PRACTICE OP INTBODUCING " RANGE " IN LEVERS AND ITS e6lE IN THE OPERATION OF THE SCALE.

It is impossible to maintain the knife-edges of a scale in a straight

line. First, the effect of the load causes the lever to bend and

throws the knife-edges out of line if they were in Une at zero load;

secondly, we have changes that proceed with use, such as wear of

the knife-edges, which alter their original ahgnment.

Let us consider in detail the effect produced on the multipHcation

by the sHght "beU-crank" lever effect produced by having the knifeedges out of line. Referring to figure 3, which is exaggerated in

order to bring out the effects, two positions of a lever are given.

The first position is indicated by a heavy line and the second is

indicated by a dotted line.

. . .... la C( . . In the first position the multiplication is not j but which is the

ratio of the projections of la and on a line perpendicular to the

lines of action of the forces acting at the ends of the beam.
140 BTJEEAU OF STANDARDS.

Now let the lever be deflected to the second position, the projections of la and Zft are not the same as before but are now cx^ and /?j and the multipHcation has changed from ^ to

Pi P2

From this we can see that the multipHcation changes with the

position of the lever.

If the above was part of the lever train of a scale the multiplication

of the scale would change with the load. In other words, the scale

I

Fig. 4. might balance correctly at a zero load and weigh 1,000 poimds correctly but the second thousand pounds might add but 990 pounds to

the amount shown on the beam.

In contrast to this, if the knife-edges are in a straight line and

remaia in a straight liae the tilting of the lever will not alter the

a

ratio of ^, and the multipUcation would remain constant. The figure

corresponding to this is figure 7 and will be discussed later.

Needless to say, this constancy in the multipUcation is the thing

desired, and in an attempt to secure it the practice of "ranging" has

been developed.

"Ranging" is generally understood to mean the throwing of the

middle knife-edge past the line determined by the two outside knifeedges, as indicated in figure 4.

r Fig. 5.

I will now take up in detail the effect of this ranging on the action

of the scale.

Levers in large scales are usually adjusted for level, etc., at a time

when no load is present on the scale. Now let us assume that there

is no range present in the levers of a scale and that an even arm lever

is taken to simpHfy matters.

At the start Za = «^ = Z^=/3, the distance between knife-edges is a

horizontal hne, and the multiplying power ^

is unity (not shown in

figure).
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 141

When the scale is fully loaded, in general the lever wUl be tilted

to some extent. Suppose first this tilting takes place without the

knife-edges being thrown out of line, as shown in figure 5, by A O B'.

The multiplication is equal to , which ratio can be seen from the

I . similarity of triangles produced to be equal to , or in other words

the multiplication would be unchanged.

Fig. 6. Now as a matter of fact the lever will bend under the effect of the

load and after being loaded will be represented by A O B, the mul-

(X

tipKcation in this case being As is smaller than /?2 the mulP2

tiplication will be changed.

Let us now consider the case where the proper amount of range is

given to the knife-edges. The position of the lever at zero load or small loads is represented by figure 6. (The range is very much

exaggerated to bring out the points.)

The multipHcation is and if the lever is properly leveled, since

1(1 = the multipHcation will be unity.

Now let the load be applied so that the effect of bending is indicated

by figure 7.

la

Fig. 7.

The bending will bring the knife-edges into a straight line, the

ct X geometrical result being that the multipHcation -^=7^= imity as

before.

In this way the accuracy of the scale has been preserved.

As a scale remains in service the foundations and fastenings tend to

loosen, causing greater tilts to be given to the lever. The knife-edges

wear down, etc., and tend to reduce the range originally provided.

For this reason it is necessary to provide a range that is m excess of

that called for by a consideration of the bending of the lever alone.
142 BUREAU OF STANDARDS.

2. CHANGE IN THE EFFECTIVE RANGE OF A LEVER PRODUCED BY THE WEAR OF THE

KNIFE-EDGES.

(a) Flat hearings.—li we take into consideration the bending of the

levers under load and the wear of the knife-edges produced by use,

and establish a range according to this, we will find that it is much

less than the range usually employed in practice.

Let figure 8 represent the knife-edges in a lever in which wear has

occurred.

Fig. 8.

If we were to determine the range by a mechanical means it would

be zero, as a straight hne, such as is indicated by the line A B, woiild

touch the tip of aU three knife-edges.

However, owing to the rounding of the knife-edges the real effective

range is represented by the line A', O', B'; that is, as far as the effective multiplication of the lever is concerned, the blunt knife-edges

could be replaced by sharp knife-edges at the points indicated.

Looking at it from another viewpoint, we can see that the multi-

{)lication of the lever shown in figure 8 would be changed on tilting the

ever by the knife-edges rolling on their planes. If A', O', and B'

Fig. 9.

represent the centers of curvature of the rounded portion of the knifeedges which niake contact with the bearing planes, we can see that if the lever is tilted the planes of the bearings remain parallel to the

horizontal plane, so that the points of contact are always directly over

the points A" and B' and directly under the point O'. This is illustrated by figure 9. In other words, the projection of the distance between the points of

contact on a horizontal line which establishes the multiplication ratio
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 143

Fig. 10.

is always the same as the projections of the distances A' O' and O' B'

on that line.

Looking now at a knife-edge as represented in figure 10, we see that

while the actual wear has been to change

the knife-edge from the point to the

point O2 the effect has been the same as changing the sharp edge from the point

Oi to the point O3. This explains the necessity for increasing the range over what

might at first sight seem to be a reasonable

amount.

At this point the fact should be emphasized that where this effect of a rounded

knife-edge is present, it is not eliminated

or reduced by reducing the ampHtude of

the movement of the levers.

(b) Rounded hearings.—In order to make

the discussion complete the case wiU be

considered where the knife-edge bears in

a looped or curved bearing.

In this case as any rounded knife-edge

turns upon the bearing there will be a

rolling action between the knife-edge

and bearing and the point of contact

will not remain immediately above or below the center of curvature of the

rounded knife-edge as in the preceding

discussion.

Let the condition before deflection be

represented by figure 11. The inner circle represents the knife-edge as replaced

by a cyhnder which has the same ra- dius of curvature as the flattened portion of the knife-edge.

The bearing surface of the loop is

represented by the larger circle with

the center at O.

As the lever deflects the inner circle

will rotate and roll on the outer circle.

The outer circle will retain its vertical

alignment as the bearing loops are kept

aligned by the forces it transfers from

this lever to the next.

Let the deflection take place in a

clockwise direction through an angle 6. The situation wiQ then be represented

by figure 12.

Wnile the inner circle has rotated through an angle 6 the point

of contact has moved through an angle with respect to the inner

circle and through an angle with respect to the outer circle. The

Fig. 11.

Fig. 12.
144 BUEEAU OF STANDAEDS.

outer circle as mentioned before, preserves its alignment and does

not rotate.

If a flat bearing were used the point of contact woiild change from

the point to the point / passing over the angle 6. In the rounded

bearing as represented the point of contact under the same circumstances, passes through the angle <p which is much greater than the

angle 0. It is necessary to find the relation between the angle d and the

angle ^.

In order to do this we will suppose that the inner circle will roll

through an angle such that the point of contact between the two

circles passes through an angle 2n with respect to the outer circle.

Let jB be the radius of the outer circle and r the radius of the inner

circle.

During this rolling the distance passed over is 2TtR.

When the point of contact has moved completely about the inner

circle it will have passed over a distance 2Tir. The difference 2nB — 2nr represents the additional distance the

point of contact wiQ have moved about the smaller circle over and

above a full turn. This corresponds to an angle with respect to the

small circle of

27cB-2Tzr

2n (R-r)

r

It is this angle which is effective in turning the inner circle with

respect to the outer circle and corresponds to the angle d

QOd

when = 2n ^ = 2ZLCR=^

' r

from which K= (R-r)

So that we have = = d R — r

It is now necessary to obtain ^ in terms of 6, this wiQ be done by

first obtaining ^ in terms of

I 00 = C(f>
EIGHTH CONFEEENCE OF WEIGHTS AND MEASURES. 145

When

r

Referring to equation above and substituting for we have

Owing to the limited amplitude of vibration of the levers the actual

changes will take place over small angles so smaU that, angle =tan,=

sin, etc., and the shift of the point of contact between knue-edge and

bearing is in a sensibly straight line.

For this reason the effect of the round knife-edge acting on a round

bearing can be expressed in terms of a round knife-edge of different

radius acting on a flat bearing.

In the case of a round knife-edge on a flat bearing we have

P = ^

where P is the radius of the bearing surface of the knife-edge, S is the distance the point of contact moves on the periphery of the

rounded knife-edge while the lever deflects through the angle 6. For a rounded knife-edge the change S is

{R-r)

S^p Rr

6 ^ ^ {R-r)

^~{R-r)

The rounded knife-edge and rounded bearing could be replaced by

a flat bearing after increasing the radius of curvature of the knifeRr

edge from r to Ti—R — r 28670°—14 10
146 BUREAU OF STANDARDS.

From this it can be seen tliat the effect of the rounded bearing loop

is to aggravate the effect of rounded knife-edges.

Referring to the last expression it can be seen that the effect of the

loop does not become of appreciable magnitude until the bearing is so flat that its radius of curvature approaches in magnitude that of the

bearing loop.

3. METHOD OF COMPUTING THE MULTIPLYING POWER OF SCALES

While this is a comparatively simple proposition so much confusion

has resulted from the different methods of procedure and the division

of levers into classes, such as levers of the first class, second class, etc.,

that it seems worth while to point out the simple relations that exist

and form the basis of figuring the multiplication.

Suppose that we take the wagon scale of the Bureau of Standards,

which has the levers as indicated in figure 13.

Fig. 13.

In a lever we have a fulcrum knife-edge and two others. These

two others can be classified as the load knife-edge or the beam knifeedge, depending upon whether the connections to the knife-edge run

toward the load or toward the beam. The fiilcrum knife-edge is

not necessarily one of the end knife-edges.

Referring to the figure, aU of the distances between the fulcrum

and the beam knife-edge are denoted by and the distances between

the fulcrum and the load knife-edge are denoted by /?. The subscripts

to the a's and /3's denote to which lever they refer.

Then the multiplication can be written

a^Xa^XasX^i

etc

/?,X^2X/?3X/?,

In order to obtain the numerical value for m it is only necessary to

substitute the numerical values corresponding to the a's and /?'s and

carry out the computations indicated.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 147

Frequently the ratios -k, etc., are given, and the above formula

best fits this when it is written

^=(S)x(S)x(S)x(S)--

This method applies to all lever scales ; it is of course necessary that

the proper a and /? appear for each lever in the train running from the

beam coimterpoise to the load.

Where an even arm lever appears the ratio is unity and it may be

dropped from consideration in the formula.

The preceding work has been carried out to determine the ratio

between the load and the corresponding coimterpoise hung on the

end of the beam.

When the multiphcation is to be determined in reference to a sMding poise it is necessary to substitute the stroke of the poise for the

value corresponding to or,. This is indicated in figure 14.

Our formula then becomes, on substituting a\ for

Fig. 14.

In some levers we have more than three knife-edges, or their equivalent contact points or buttons, such as in the "long-levers" of wagon

scales and the middle-extension levers of railroad track scales. This,

however, introduces no confusion, as in going from the beam to any

point where the thrust of the load is directly received we are only

concerned with three knife-edges in a beam at a time.

In the preceding the necessity of classifjnng the levers as first,

second, or third class, as is sometimes done, is avoided, as basing aU

measurements upon the fulcrum knife-edge, the necessity of the

classification disappears.
148 BUEEAU OF STANDARDS.

In order to make the matter of computating the multiplications

clear, the following examples are given:

In the wagon scale of the Bureau of Standards the values are as follows

Part Inches Part Inches 35.0 A

= 1.75

35.3 A

= 12.7

28.5 28.5

144.0 = 6.0

35. X 35.3X28.5X144.0 = 1333.

17.5 X 12.7X28.5X6.0

In Mr. Epright's scale of the Pennsylvania Railroad we have:

<_48. a,_5, a'3_18. a,__l^ "^5^25^ ^6 = 5 , /r-ionnn W^^' J2~i' iri' % 3'^« iandi'-12,000

For field work where it is desired to measure levers for computing

multiplication a steel tape divided metrically in millimeters will save

time and reduce mistakes.

Fig. 15.

4. POSSIBLE EFFECTS OF SERVICE UPON THE MULTIPLYING POWER OP SCALES.

The following note was prepared to call attention to the fact that a scale in use may become either "fast" or "slow" depending upon

the character of the supports.

It seems desirable to introduce this subject, as frequently scale

men seem to think that the effect should occur consistently one way

or the other.

Let us consider the lever traiu of a wagon scale as diagramatically

set forth in figure 15.
EIGHTH CONFEEENCE OF WEIGHTS AND MEASURES. 149

Suppose first that the change in the multiplication is produced by

the tilting of the long lever and that under load a weak support at S

causes the lever to take the position indicated by the dotted line in

figure 15 and the scale becomes slow.

_ Next suppose that the support at S is comparatively rigid and that

the springmg and yielding takes place largely in the supports and

connections of the beam and shelf levers. When a load is apphed in

this case the position assumed by the long levers will be as mdicated

in figure 16.

In this case the scale will become fast as the load increases.

From this we see that with the same levers the error can be fast or

slow, depending upon the character of the supports.

Fig. 16.

In order to make the point clear the illustration has been confined

to one lever, but in actual conditions the situation is further complicated by the action of the other levers of the train. It is possible

to consider the action of each lever in connection with aU the rest,

but that will not be attempted in the present article,

I will just note in passing that it is theoretically possible to adjust

elasticity of the supports so that all the levers will remain horizontal

under all loads, preserving a precise value of the multipUcation, but

the apphcation of this is probably remote.

5. THE DEFLECTION OF BEAMS OF VARYING CROSS SECTION.

This subject is of particular interest in connection with scales, the

levers of which consist essentially of cantUever beams having concentrated loads.

Such levers are outside the ordinary practice relating to members

under transverse stress in two respects : First, cast iron and in some
150 BTJREAU OF STANDARDS.

cases cast-steel is used in their construction; secondly, the cross- section of a given lever varies from point to point throughout its

length.

It is this second item which prompts this article. The common

problems of engineering involve only beams of constant cross section,

the deflections of which are easily derived and expressed in formulas.

In the levers of scales in general this is not true, and at the same time

a knowledge of the deflections present is of more importance than

in anything else, as deflections change the lever ratios and thereby

alter the multipUcation upon which the accuracy of the scale depends.

Starting with the equation which forms the basis for the common

theory of beams we have

^= ^ m

dx' EI

where

a; = distance of the point considered from some fixed point on the

beam.

y = deflection of the neutral axis at the poiat x. M= external moment at the point x. /= moment of inertia of cross section at the point x. E= Young's modultis.

Ordinarily E and I are both constant, but in the present case / is variable and has to be retained under the integral sign, so that we

have for the expression for y,

y = ^jJ^x-dx (2)

If we choose the end of the beam at which the load P is applied as the origin of x we have for the external moment

M=Px (3)

As P is constant we may remove it from an integral sign and (2)

becomes

'=^^^j-dx-dx (4)

The expression under the integral sign depends only upon the geometry of the beam. As the integration is carried out the proper

constants of integration must be added.

The cross sections of some levers used ia scales vary in such a manner that the value of / can be expressed as an algebraic fimction

of X, but in general the resulting analytical expressions are difficult to

handle. In other cases the cross section varies in an arbitrary manner so that a graphical method for solving for the deflection will be

given.

The method will be illustrated by working out the deflection for the

long arm of a fifth lever of a 300,000-pound capacity track scale.
EIGHTH CONFERENCE OF "WEIGHTS AND MEASURES. 151

The method consists in substituting graphical methods in place of

mathematical processes. The value to be obtained is the value of

J'J'ifZx. dx together with the proper constants of integration.

When this is done it is a comparatively simple matter to obtain the

numerical value of y—the deflection at any point—by multipljdng by

P and dividing by E.

The procedure can be followed with the assistance of figure 17 and

table of values, page 153.

A

X

X 1 ij

'

1 Pistt

O, 2.3nce fr

O 1 .1 oyrt end of Le.v5 1 sr '—

l«c^ o -

*

ml"

o o

Fig. 17.

First the values of / corresponding to certain values of X are computed and placed in the table as indicated in colunm 1 . The value

of 2

is then computed and placed in the column as indicated. From

these values the curve indicated by -j in the figure is plotted and the

first integration is made.

This integration is made by the primitive method of counting the

squares and determining the relative area under various portions of

the curve. It was not practical to reproduce in the cut the small

squares actually used in counting the area. The values obtained in
152 BUREAU OF STANDAEDS.

this manner appear in the column marked 4. It is necessary to

multiply these values with a factor which will reduce them to areas corresponding to the coordinates of the curve; i. e., the squares which

are counted on the plot represent arbitrary values depending upon

the scale to which the curves are plotted.

When these values are multipHed by the proper factor the values

given in the colimm marked jjjdx are obtained. It is necessary

to understand what these values mean; for illustration, the value 13.2

which is opposite the value a; = 48 represents the area under the curve between the points a; = 24 and x = 48. The integral of the curve from

the point to the point 48 corresponds to the area under the curve from a; = to x = 48, or is the sum of aU the jjjdx's up to that

point. When this summation is made for aU the points we get the

values tabulated in the column headed Jjdx.

The constant of integration must now be added. When this is done the values wiU correspond to the slope of the elastic line at the

various points. In tlus discussion a; = at the end of the beam and

the beam or lever is assumed to be rigidly held in a horizontal position

at its thickest portion. In other words, the slope of the elastic line is zero when a; = 84.52, the length of the beam. The constant of integration is therefore —38.68, which when added to the column marked

Jx

. dy'

-jdx gives the column headed (the negative sign is not carried

in the column).

dy' The values of so obtained are plotted against the corresponddy' ing values of x giving the curve marked in the figure. This

is integrated as in the first instance by counting the squares, the

results appearing in column marked 8, which when multiplied by the

proper factor depending upon the scale to which the curve is plotted

gives the values in the column marked Ay' . These are then added as

before, giving the values headed lAy' . It now remains to add the

final constant of integration. The deflection of the elastic curve is assumed to be zero at the point a; = 84.52, so that the constant of

integration is 1,662. Wlaen this is added with the proper sign the

values given in the colimm marked y-p are obtained and plotted in the

figure as indicated by the curve marked y'

.

This last curve represents the value of

J* J"j

various values of X. When these values are multiplied by the load P at the end

of the lever and divided by the value of Young's Modulus the deflection corresponding to the point will be given.

On the particxilar scale to which the lever considered belongs the

force P is 2000 pounds when the scale is loaded to its capacity

(300 000 pounds). The material of the lever is cast iron, for which
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 153

a value of £"=15,000,000 may be assumed,

the deflection in inches will be

Under this condition

1662x2000

15,000,000

= 0.22 inches.

In the curve of j

the portion between x = and a; = 12 is arbitrarilydrawn straight. This partially allows for the fact here, as in other

levers, that the end section is thickened to allow the knife edges, nose irons, etc., to be attached and to withstand the shearing forces

that are present.

A great deal remains to be accomphshed before the scale levers

can be designed with a minimum loss of time and with a maximum

knowledge of their properties, but the subject seems to be on the way

toward a rapid development and adjustment.

With the assistance of a few charts and the development of suitable

empirical integration formula, it will be possible to avoid a great

amount of detail in designing levers and scale parts and at the same

time a full knowledge of their properties will be known.

Tables of values—Graphical solution of deflection.

X I

I7 (4) jf^x

1224

487284.52

0. 000 .476

.567 .516

.423 .380

0.00

2. 85 6.38

13. 20

11.35 4.89

0.00 2.86

9. 24 22.44

33. 79 38.68

25.2

42.3 93.0

170.2 222.3

159.9

329.9 283.8

122.2

I

dy' dx (8) J:^y' E

Vp

=y'

122448

72

84. 52

38.68

35.82 29.44

16. 24

4. 89

0. 00

000.0

224.2

197.4 271.9

123.2

14.4

0.0 448.0

395.0

544.0

246.0

29.0

00.0 448.0

843.0

1387.

1633. 1662.

1662.0

1214.0 819.0

275.0

29.0

00.0

6. CHANGES PRODUCED IN THE EFFECTIVE LENGTHS OF LEVERS BY FLEXURE.

In the following certain approximations are made which are essentially those involved in the common theory of beams, namely, the

• > • . 3/u (Z^v approximations which obtain when ^ and are small compared

to unity.

In a lever or beam under flexure the fiber stress is zero along the

neutral axis, and the shearing forces have no tendency to lengthen

or shorten it. Therefore we can consider the length 8 of the elastic curve to be constant, but its projection on its original line becomes

shorter as the deflection increases.
154 BUREAU OF STANDARDS.

In dealing with the deflections of levers the sections of which vary

in an arbitrary manner from point to point graphical means were

used to obtain the slope and form of the elastic curve. As the

present problem is a continuation of this, the same ideas will be

employed.

Let the elastic line be represented by the curve, figure 18. Erect

ordinates for the various increments chosen for x. If the increments

are chosen reasonably smaU, we may regard the curve as straight in

the intercepted portions without sensible error. Y

Fig. 18.

The length of the curve then becomes,

In general we have from the triangles formed,

(1)

(2)

(3)

As {^^^ is very small, this can be expanded, taking the form,

The height of any of the Y" ordinates and the corresponding values

for the increments Ay vary directly as the load P applied, and inversely as the value of Yoimg's modulus, E.

Let the values of

^yi, ^2/2, ^2/3,

P P P

• etc., be ^^1) ^^3» E'

etc..

where the Z's are numerical constants obtained from the geometry

of the beam.
EIGHTH CONFEBENCE OF WEIGHTS AND MEASURES. 155

Then from (4)

4S=.^.[l+i(5|)"] (5)

and

S==IJS (7)

1

This is the projection of the elastic curve upon the X-axis;

calling this X, we have

The distance between the end and outer knife edges as represented

by I in figure 18 can be expressed

l =^X'+{y,r (11)

y^' is the value of y obtained for the point x = in the elastic curve

expression

y,' = Jy, + Jy, + Jy,+ ---- (12)

y,'=^{K, + K,+ K,+ ....) (13)

(14)

As long as the quantity

^ '^/^'Jx small that its squares may

be neglected, squaring equation (10) gives

so that

{yo'y = ^{lKy (16)

^ = V^^^^5SI?5^^ (17)
156 BUEEAU OF STANDABDS.

as the second term in brackets is small this becomes

1 2E'lsZuJx (20)

s

(21)

7. PROPERTIES OF BEAM8 BEARING UPON THE DESIGN OF THE LEVERS OP SCALES.

Generally the levers of scales are cantilever beams having concentrated loads at the ends.

In designing scales it is not sufficient to provide levers of sufficient

strength to carry the load safely without breaking, but it is necessary

that the levers be sufficiently stiff to preserve the mxiltiplication

of the scale so that the heavy loads will be weighed accurately.

It is desirable in both items of strength or stiffness that an ejSicient use be made of the material so that the lever wiU be the best possible

for its weight. In order that this efficiency be realized, it is necessary

that the section of the lever be varied from point to point according

to the manner in which the external moment varies.

In cases where the stiffness of the lever is ample and the question

of strength is the important item, a lever of uniform strength wiU

give the most economical use of material. However, when there is no

difficulty in securing requisite strength but there is difficulty in getting

sufficient rigidity then it becomes debatable whether the extra

material should be arranged in a lever of constant strength or of

constant stiffness.

Owing to the lack of time and space only special forms of sections

will be considered.

Some of the material presented here may possibly be foimd in

textbooks on mechanics, but it is not practical to refer to them,

as the material herein presented can be more readily worked out

from the fundamental principles than it can be derived from an

exploration of textbooks. The items of strength and stiffness

will be studied for the four cases outlined below and numbered from

1 to 4, inclusive.

1. Beams of rectangular cross sections of constant width but

varying depth.

2. Beams of rectangular cross sections of constant depth but

with varying width.

3. Beams having sections of uniform shape or proportions.

4. Beams of constant width but with the vertical dimensions

of the sections having a constant ratio to each other.

Beams of constant strength are those in which the maximum

Ms

fiber stress, is constant for all sections of the beam as long as the

elastic limit is not exceeded. The common theory of beams does

not provide for conditions past the elastic Hmit, so that a beam of

constant strength, as here defined, is not necessarily one which is as

liable to fail at one point as another when it is tested to destruction.
EIGHTH CONFERENCE OP WEIGHTS AND MEASURES. 157

It is particularly necessary that the levers of scales be not stressed

beyond the elastic limit, as the constancy of the scales depends upon

this, so that the limitations in theory correspond to the limitations in

practice.

In the present subject, beams of constant or uniform stifiFness

throughout their length are defined as those in which ^is constant

when X and y are the coordinates of the elastic curve. Upon applying the well-known laws of mechanics the results given

in figure 22, page 161, are obtained.

•1J

(a)

(6)

Fig. 19.

The notations employed in the table of equations are assigned as

follows

P = value of concentrated load.

I = length of lever.

£=Young's modulus.

6 = breadth of beam.

6to = maximum breadth of beam — breadth at the base,

s = distance from neutral axis to the most remote fiber,

Sm = maximum value of z (occurring at the base of the beam)

.

a; = distance measured from the loaded end of the beam.

1/ = ordinate of the elastic line chosen so that when ^ = 0, z =

2/ro = maximum value of y occurring when a; = 0.

^= constant such that I=Ez* in cross sections of uniform proportions.

/= moment of inertia of section.
158 BUEEAU OF STANDABDS.

C= constant such that the area of section = A= in beams having

sections of uniform proportions,

m = constant such that I=m^ in levers where the thickness, or breadth, is constant and the dimensions of the depth bear a constant

ratio to one another.

G = constant that area in preceding case is given by -4 = Gz^.

The profiles of the beams having the various properties as indicated

by the equations for z are given in figures 19 to 21, inclusive. Taking up the results in order:

1. The profile of the beam for constant strength is given in fig^e

19 (a) and for constant stiffness is given in figure 19(6). The first is a

-I

)i S)

I

I J

Fig. 20.

parabola and the second is a cubic parabola. It can be readily noticed

that the condition corresponding to figure 19 (6) requires the greater

amount of material. This last point will be considered in detail later.

2. Here the beam of constant strength is also the one of constant

stiffness, the shape of the beam being indicated in figure 21.

3. For the beam of which the cross sections are constant in shape

but vary in size the profiles for uniform strength and uniform stiffness are given in figure 19(6) and (c) respectively.

In this case figure 19 (6) and (c) 2 and 3 ao not represent beams of

uniform thickness but beams in which a top view would show a plan

similar to the profile. The curves

are cubic and quadratic parabolas,

respectively.

4. This case is just a more general case of 1. The profiles for beams

of constant strength are shown in

figures 1 9 (a) and 20 and for constant stiffness is given by figure

19(6).

Figure 20 is drawn so as to show

the appearance of a scale lever having an I-section complying with

the conditions of 4.

Leaving aside for the moment the question of the practical construction of levers or beams corresponding to the preceding conditions,

the question of beams of constant strength and stiffness wiU be

compared.

For making the comparison it will be assumed that a certain amount

of material is to be allowed in the lever, i. e., the lever is to weigh

so much, and the relative merits in putting the material in a lever

of constant strength or constant stiffness will be considered.

Levers can not be made indefinitely thin. The lever has to be

provided with sufficient lateral stiffness to support side thrust to
EIGHTH CONFERENCE OF WEIGHTS AND MEASUEES. 159

which it may be occasionally subjected; to prevent the lever from

budding; to resist shearing forces in the web; and to assist in withstanding torsional forces.

Where rational principles can be followed, the lateral strength and

rigidity to be provided for at the base of the beam will be a certain

percentage of the normal strength and rigidity. This requirement

IS met in sections of uniform shape. The comparison between levers

of constant strength and constant stiffness will therefore be made on

the assumption that the sections of the two levers will be the same

in shape at their bases.

Taking the cases up in their order; (1) if the sections are of the

same shape then the breadth b will be proportional to and can

be written 6 = qz^.

Designating the value of for beams of constant strength by

jZm and for beams of constant stiffness by we have by hypothesis

of equal weights or volume,

substituting for b

The ratio of the maximum deflections is given by

AEq,Z^'

4 Z *

3 xZm

3 iZtj^ = 4 64

3'81 = 1.053 a gain of less than 6 per cent in stiffness in putting the material in a

lever of constant strength.

The case imder 2 need not be considered, as the two cases are

identical.

Taking up (3) the constant G takes account of the relation just

previously allowed for by q and we have

3/77 11 — '^r 7 27

7 2 = 7 2X _
160 BUREAU OF STANDAEDS.

The ratio of the deflection is given by

3 P P

^~1P I' 2 E E,Z,

_3 2

5*100 = 0.97

Case (4) gives the same resvilts as case (1), so the details will not

be presented.

It is next desirable to compare the maximum fiber stress in the

sections at the bases of the fevers. In sections of constant shape

MZ

I varies as Z^*. The maximum fiber stress =

"* so that the maximum fiber stress varies inversely as Z^.

Case (1) ratio of fiber stress in beam of constant strength to beam

of constant stiffness

3

Case (3)

= 0.84

7 3 2"7n

3 xZm

,zA 10

= 0.85

The following table can now be constructed giving ratios of the

various properties of the beams:

Deflection. Fiber stress.

Case. Constant Constant Constant Constant

strength. stiffness. strength. stiffness.

1 1.05 1.00 1.00 0.84

2 1.00 1.00 1.00 1.00

3 .96 1.00 1.00 .85

4 1.05 1.00 1.00 .84

The result shows that there is no practical gain in placing the material in the form of a lever of constant stiffness, and it is preferable to

put the material into levers of constant strength.
EIGHTH CONFERENCE OF "WEIGHTS AND MEASUEES. 161

The unexpected result obtained in (3) shows that the lever of constant strength gives the least deflection.

As levers are commonly constructed, they have an I section. This

section has been varied from point to point in more or less arbitrary

fashion, some of which suggest cases (1), (3), and (4). By far,

however, the commonest practice is to employ a constant flange sec- tion and varying depth. This gives a relation between z and x which

has to be expressed as a cubic equation which is not susceptible to

brief treatment. But the general conclusions derived from the preceding cases apply here and this design is used most economically

when the beams are of imiform stiffness.

The question of the practical considerations involved in the application of the preceding will have to go over until some future date.

Section

Constant Strength

i l5 1

go* Constant Stiffness Q

fix Constant Strength I g. 2. Ct 6 ° Constant Stiffnesi

Z'^'aTota/ equation of the y^zt^mlmum

Width. Depth. Elostic Lina. Def/action.

b.b„i z- z„

Vb„lZ,

? I t Constant Strengtti

" " 3i O Constant Stiffness M

III

" Constant stiffness h^ccr^oat. Z'zjf^ ^ 2^I^~**^*^*H fnfe

- B I J 2 I"

Constant Strength

•a 8- E 4.

Fig. 22.

[clz'

IclZj

The equations given in figure 22 will serve to show some interesting

facts in regard to the deflections.

First, with a given load, or pull on the end of the lever, and with a

given section at the thickest part, the deflection wiU be proportional

to the cube of the length.

Secondly, suppose one arm of the lever to be fixed in length and

that the load on that arm is fixed. The load on the other lever arm

will vary inversely with the length of that arm, the result being that

the deflection will be proportional to the square of the length of the arm. This may be expressed—the deflection of the long arm is to

the deflection of the short arm as the square of the long arm is to the

square of the short arm. This is also practically true in most levers

wnich are not designed according to any fixed plan.

For instance, in one lever the deflection of the two arms was determined by integrations, etc., made by graphical means. When fully

28670°—14 11
162 BUEEAU OP STANDARDS,

loaded the deflection for the long arm came out 0.222 inch and the

short arm 0.0171 inch; upon dividing the deflection for the long arm

(0.222) inch by the square of the ratio of the long arm divided by the

short arm the result came out 0.0171, as was obtained before.

In general it can not be expected that such a close agreement

would be obtained, but the resvdts will be close enough for most

practical purposes.

8. LEVEL INSTRUMENTS FOR MEASURING DEFLECTIONS AND FLEXURE.

The causes of the errors and variations in the results obtained on

large weighing scales are known in a general way, but the exact

source of various troubles and the particular amount contributed

from specific items is not always clearly determined. The result is

that a great deal of the knowledge is unnecessarily speculative in

character, and in attempting to design scales in such a way as to

reduce the inaccuracies that arise, the effort is made more or less

blindly. For instance, it is known that deflections in the foundation,

levers, and other parts cause variations to occur in the scale, and

these difficulties are reduced by stiffening the respective parts.

However, this stiffening is usually done in a more or less arbitrarymanner and often without any knowledge of the particular values

involved or the amount of trouble contributed from various sources. In order to add to the knowledge about such matters, two instruments were designed for measuring some of the changes that take

place under load, such as bending and tilting of the levers, twist of

the levers, bending and yielding of the bridge, foundations, and

parts, etc. The instruments consist of duphcate devices, the construction of

which can be seen in figure 23.

The instrument consists of the level vial V, mounted upon the

table T. The table T is pivoted at the point P to an upright bracket B

attached to the base G, and supported at the other end by means

of the micrometer screw M, which extends through the table and

rests on a hardened steel bearing-plu§ in the base.

The instrument is used by clampmg it to the part to be investigated;

the bubble is brought to some fixed point by means of the micrometer

screw, and a reading of the micrometer is made and recorded. The

scale or mechanism is then loaded, etc., the deflection of the part

throws the bubble out of level, the bubble is then restored to its zero reading by turning the micrometer screw, after which a second reading

is made and recorded.

The difference in the two readings of the micrometer gives the

deflection of the parts in terms of the change in angle it makes with

the horizontal.

When the vertical deflections of parts such as foundations are to be

investigated it is necessary to convert this deflection into an angular

deflection of some sort. This is readily done by using a straddle

bar, which can be attached at one end to the part being tested and

at the other end attached to some reference object. The instrument

is then placed upon this bar and used in the manner described.


EIGHTH CONFEEENCE OP WEIGHTS AND MEASURES. 163

The normal action of the lever under load is two lands—first, the

lever bends under the effect of the transverse load; secondly, the

lever tilts under the effect of the other levers and parts. This is

illustrated diagrammaticaUy in figure 24 a and 6. In testing any particular lever the instruments are mounted as indicated. The tilt of the lever can be defined as the angle through

which the portion at the center knife edge turns. The bending of the

lever is the difference between the change at A and the change at B.

The actual deflection of the neutral axis is only obtained indirectly.

When the instruments are used as illustrated they measure the

slope of the elastic line. However, the actual deflections can be

measured with reference to some point in the pit by using the

Fig. 24.

"straddle" bar mentioned previously; when this is done the deflections include the yield of aU the parts, foundations, etc., and the

effects of the tilting of the lever.

There is considerable advantage for some of the work in having

the instruments measure the slope. Referring to the common theory

of beams the differential equation used as the starting point is

d-y M

the notation being the same as expressed in article 5, page 150.

In order to obtain the relations of y to the other quantities, such as

load, etc., it is necessary to make two integrations and add the proper

constants of integration.
164 BUREAU OF STANDARDS.

By using the slope as measured by the uistruments it is only

necessary to make one integration, and all of the analytical expressions connecting the load, nber stress, etc., are expressed in simple

equations.

The advantage of the instruments consists in their simplicity in use and appUcation. The bubbles are very sensitive and no auxIUary

mechanism is required to connect them with each other in any

manner. The disadvantage of the instruments is that they do not

record instantaneous values and the scale has to be at rest while the

measurements are being made. The levels are excellent in character

and were obtained through the courtesy of the Coast and Geodetic

Survey. Owing to the sensitiveness of the levels the movement

of the bubble is slow and no attempt is made to bring it to a particular

position; the position of the bubble is read and a correction corre- sponding is applied to the reading of the micrometer.

The instrument is such as to be useful in determining the flexiu-e

of beams under transverse forces. The instruments are sensitive,

and aside from the fact that the observed values can be used in

simple equations the fact that any effect produced by the yielding

of tne supports is eliminated by the use oi two instruments makes

them particularly adaptable for some kinds of investigations.

The instruments are to be used as a part of the test car equipment

of the Bureau of Standards.

The instruments are particularly adapted for the measurement

of torsional straias in levers. Conditions for the development of

strains of this character are particularly favorable in the short end

of the fifth levers of track scales when the load is unequally distributed on both halves of the scale.

With the use of these instruments the magnitude of the torsional

strains becomes much more accessible as the calculation is involved

in difficulties which are aggravated by a general lack of knowledge

as to what the conditions are in a scale in service.

The instruments have been given a prelimiaary tryout which

demonstrated their suitability in a very decided way. The deflections were very readily obtained and less time was required to set

and read the micrometers than was expected. The torsional straias

were measured on the short end of the fifth lever. Keferring to

figure 24, if theiastruments are turned in their horizontal plane at right

angles to the position indicated, they wUl measure the torsional

strains. The torsional strains found were very pronoimced and ia this

particular case the bearings yielded under the twisting effect to a

considerable extent, indicating that serious trouble might come from

this source. As an interesting incident to this tryout it was found

that with a load centered on the scale there was a very pronounced

twist in the fifth lever which was subsequently explained by finding

that one of the bearing links was broken, causing the centered load

to be unequally divided between the two halves of the scale.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 165

9. THE EQUAL ARM BALANCE.

The following is a simple theory of the balance. In developing the

expression a few approximations are made which are perfectly safe

to consider in balances as they are ordinarily used. The variation

from the assumed approximation in most cases could not be detected

in the observations that ordinarily could be made on the balance.

The resulting expressions allow the data obtained from the observations to be plotted in the form of straight or slightly curved lines.

From the slopes and intercepts of these lines all the information

available in data can be obtained most readily. The fact that the re- sulting lines are straight or nearly so facilitates drawing them in

the plot.

Fig. 25.

The following notation can be made clear by the use of figure 25.

m= mass of the beam including pans and dead load.

M= mass of the load which is divided among the two pans.

L = length of the balance arm.

G= position of the center of gravity of the beam including pans.

H= position of the effective center of gravity of the load placed on

the pans and balanced.

C = position of the center of gravity and load combined.

R = distance of K from the center knife edge. = distance of G from the center knife edge.

P = distance of C from the center knife edge.

I = moment of inertia of beam and pans.

g = value of gravity,

(a) Statics.—

p MR + mr

M+m

When an increment of mass JM is added to the right-hand pan

the center of gravity moves from the point C to the point C, changing its position an amount Jh.

The new position of equilibriimi wUl occiu" when the point C is immediately beneath the central knife edge. This causes the beam

to turn through an angle ^.
166 BUREAU OF STANDARDS.

In balances as they are ordinarily designed and used the angles

indicated in the figure by d and ^ are small, d is particularly small

so that the angle ^ may be put

4>-^ (2)

AL = ^f^dM (3)

This is practically equivalent to

AL^-j^dM (4) M-\-m ^ '

Substituting for AL and P in equation (2) we have

, L-AM (M+m)

'P~(M+m) {MR + mr)

. L'AM - 'P-MB + mr

'

If we call the weight required to deflect the beam through a unit

angle the sensibility reciprocal and denote it by Sr then we have

If i? is zero ie. if the knife edges remain in a straight line the sensibility reciprocal and sensibility is constant.

In the general if the sensibiUty reciprocal is plotted against the

load M and there is no flexure present the resultant curve wUl be a

straight line the slope of which is

diSr.) R .^^ dM ~L

This enables the value of R to be determined experimentally.

If flexure is present in the beam to any extent, its magnitude

should be proportional to the load and R can be expressed

R^Ro+KM (10)

where Ro is the value of R at zero load and KMgives the increase in

R produced by the load.

In the same way we can express for r r=ro+VM (11)

in which is the initial value of r and F is a constant corresponding

to the constant Z" given in equation (10).
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 167

Substituting equations (10) and (11) for R and r in equation (8),

we have

„ MRo+ KM^ + mr^+VmM

or. =

J

(12;

This last expression no longer gives a linear relation between Sr

and M. The corresponding plot would be curved and the amount

of curvature would indicate tne flexure present.

Deriving

d(Sr.) _Ro±2Km+Vm

dM

d\Sr.) _2K

dM ~ L" constant (14)

By taking the second derivative of the curve of Sr vers. M, the

value of if can be determined, after which the value of Ro+rm can

be computed.

In a great many balances the value of Fmay be neglected and the

facts can be represented by

MRq+KM' (17)

L

In cases where flexure of all kinds is negligible equation (8) holds,

(b) Dynamics.—^The period of a balance is given by the expression

V g(RM+ mr)

where /<, is the moment of inertia of the beam andpans and MU is

the moment of inertia contributed by the load. (This neglects any

pendulum action of the pans, etc.)

Substituting for (MR + mr) by means of equation (8), we have

squaring

T^Srg h+MD

47c' ~ L

(^1^

T'^Sra

Plotting ^

2^ against M, a straight line should be obtained

whether flexure is present in the beam or not.

The slope of this Une is

/7^\ \ 4?:^ ) _D (22)-

dM ~
168 BITEBAU or STANDABDS,

From the above the following table can be made out:

Unknown

Observed and Obtained from

known quantities (2) slopes

Sr.

T

M

mr

K

V

L

r

In the equations developed above, the angular measure is in radians.

If the deflections, sensibility, etc., are measured in the divisions

passed over by a pointer, the same characteristic relations will be

present, but care must be taken to avoid confusion. For instance,

measuring Sr in terms of the weight required to move the pointer

over one division would not give L in equation (22), but a value

which was to L as the scale divisions are to a radian.

Under section 9 a simple theory of the balance was worked out.

theory of a compound lever scale showing that the characteristics are the same as those obtained for the balance.

In the present theory only first order effects are considered, and

the levers and parts are considered to be rigid and to oscillate through

very small angles.

The final results can be easily modified to take in first order effects

of flexure as was done in the theory of the balance, but any attempt

to consider second order effects complicates the problem enormously.

In compound lever scales where the load is balanced by coxmterpoise weights appHed on a beam the vibratory motion of the beam

and levers is practically identical in character with the vibration of a pendulum, and the scale as a whole has general properties which

correspond to a single beam or an even arm scale.

The period of a pendulum depends upon its moment of inertia

about the axis or point of suspension; the moment of restitution

which tends to restore the pendulum to its position of equiUbrium,

which is proportional to the displacement of the pendulum; friction

which tends to damp the movement of the pendulum.

In general where a rigid body executes simple harmonic motion

about an axis we can put:

i = moment of inertia of the body about the axis of rotation.

B = the coefficient of restitution or the moment developed per unit

angle displacement tending to return the body to its position of

equilibrium. ^ = frictional moment developed per change of angle per second

(friction assumed to obey this law).

^ = angle of displacement from the position of equiUbrium.

10. A SIMPLE THEORY OF THE COMPOUND LEVER SCALE.

development of a corresponding
EIGHTH CONFERENCE OP WEIGHTS AND MEASUKES. 169

The differential equation of motion becomes

or

Using the ordinary means for solving this equation the following

solution is obtained

:

This formula apphes to the levers of scales individually; in this case 1 is the moment of inertia of the lever about its own fulcrum

knife edge, which depends upon the mass of the lever and its distribution relative to the axis of oscillation; B depends upon the distance

of the center of gravity of the lever and load from the fulcrum knife

edge, and upon the mass of the lever and the value of the force of

gravity; Q depends upon the various factors which produce friction.

In this case the value of the period T would be given for the lever

oscillating alone. In a scale the levers are all connected so that they

oscillate in unison with each other and the load and counterpoise

weights.

The period of oscillation for the aggregation can be determined by

considering the effect of the properties of all the levers in reference to

the way they affect some particular lever.

In this case as a matter of convenience all quantities wiU be considered in reference to the beam. This selection is arbitrary as if correct results are obtained and if the method is correct it will be a

matter of indifference which lever is considered as the reference lever

as far as ultimate results are concerned.

Fixing our attention on the beam, the restoring moment, friction

moment, and moment of inertia of any other lever will be considered

from the way in which they affect the similar properties of the beam.

That is, we might theoretically replace the lever system with two

parallel independent lever systems in one of which inertia was present,

and in the other lever system the forces of restitution, friction, etc.,

would be present and connected to the inertia through the beam to

which aU the quantities may be referred.

From this standpoint the moment of inertia of any lever acting

through its connections contributes to the effective moment of inertia

of the beam, and the same is true in a like manner for the restoring

moments and friction. In considering how the properties of any

particular lever affect the corresponding properties of the beam the

mtermediate levers need only to be considered as a connecting frameand the period is therefore
170 BUREAU OF STANDAEDS,

work which maintains a fixed relation between the angular displacements and velocities of the lever considered and the beam.

Let the levers in the series forming a scale be numbered in their

order from the beam to the load, the beam being designated by (1).

Figure 26 indicates the general notation of the scale parts.

Let , jBj', - etc., be the restitution coefficients of the various

levers referred to their own axes, and let Sj, B^, B^, etc., be the restiFig. 26.

tution coefficients of levers 1, 2, 3, etc., referred to their eflFect on the

beam; then

Bn = Bn

That the relations given are correct can best be verified by taking

one particular case as an illustration and working it out in detail.

Consider the coefficient of restitution for lever (3). With respect to

its own axis this is . Let the beambe deflected through an angle and

let the corresponding angle of deflection in lever (3) be ^3. Then the

restoring moment developed in lever (3) is B^'^^. This force can be considered as sustained by the beam through the connecting framework;

accordingly this produces a force in the connections between levers (2)

B ' <b and (3) of —3-^ and the force transferred to the beam is finally

Ba'cj).
EIGHTH CONFERENCE OF "WEIGHTS AND MEASURES. 171

This force corresponds to a moment in the beam of the force acting

on the beam times the distance of its point of application from the

fulcrum point or

The restoring moment per imit angle of this referred to the beam

is this last quantity divided by the angle through which the beam

is deflected or

now it is readily established that

SO that

«.=5.'(a|)' (9)

The same reasoning applies to the other terms, which can be verified

in detail.

Similarly if the moments of inertia of the various levers with respect

to their own axes are I'j, I'jj I's? etc., and they can be considered to

contribute to the inertia of the beam such that

Ip = Mpa^^

.«^2«^3

\"2"3* • The B"s are functions of the load which has to be considered in all cases. Keeping in mind the distinction between mass and weight,

the B'^s in respect to any beam are composed of two parts, one is the

weight of the beam times the distance of the center of gravity of the

beam from the fulcrum knife-edge, and the other is the sum of the

forces produced by the load acting at both ends of the lever times the

distance between the fidcrum knife-edges and the resultant of the two

forces. The value for B is expressed in greater detail in equation

in the latter part of this chapter, h is the moment of inertia contributed by the counterpoise weight and h is effective inertia of the

load with respect to the beam. Mp stands for the mass of the coimterpoise weight, and Ml stands for the mass of the load applied at
172 BUBEAU OF STANDARDS.

the last knife-edge. In using English units care should be exercised

not to confuse the mass units with the weight units. These relations

will be verified by an illustration as was done for the R's.

The value of I for any part is such that when the part is rotating

with an angular velocity cj the kinetic energy is

Let the value of o) for lever (3) be denoted by and for the beam

be denoted by Wi then in any given stage of motion by definition the

kinetic energy being the same from any viewpoint

In a similar manner it can be shown that if Q'2, Q\, Q\, etc., are the friction coefficients of the various levers with respect to themselves and Q^, Q2, Q3, etc., are the friction coefficients mterpreted as

affecting the beam, then

Q3 Q3 (^(Y^a^

^»-^«U«3 )

If we now put

= /p + /i + /2+ . . In + h

= j?! + 5^ + , . . Bn

= Q, + Q, + X, . . .

the period of the scale becomes

This result can be obtained from general mechanical principles.

However, it is thought that the method employed here will enable

some individuals to follow the matter who would be unable to follow

the development if more general principles were used.

The matter of scale sensibihty wiU now be considered. For our purpose the sensibihty of a scale can best be defined as the deflection

1 n radians produced on the beam per imit of weight added to the scale
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 173

platform and the sensibility reciprocal Sr. or S~^, the reciprocal

of sensibility, is therefore the weight required per radian deflection.

The resulting definition for sensibility reciprocal conforms in character to the definition given by the Bureau of Standards, except here

the value is referred to a fixed angle—the radian—and not to the

trig-loop which represents varying angles in different scales.

The quantity which lends itself with the greatest advantage to use

in considering the properties of a scale is this sensibihty reciprocal,

which wiU be used instead of the sensibility.

In any scale balanced at zero load the levers can be considered as individually balanced and the parts and attachments can be included

as a part of the levers. Considering now the general case of any

lever in a scale, let the lever considered be the m'th lever in the scale

counting from the beam and let there be n levers in the series from

the beahi to the load. The various quantities will be referred to the

levers to which they belong by being given subscripts corresponding

to the number of the lever.

Referring to figure 27, which represents any lever, the center of

gravity of the lever and attachments is indicated at the point G at

a distance r from the fulcrum knife-edge.

When a load is balanced upon the scale it produces a force Wa at

the end of arm a and a force of at the end of arm /?, and these

forces will have an effective resultant or center of gravity at the

point H, at a distance B from the fulcrum knife-edge.

The combined action is to give a resultant or effective center of

gravity at the point c at a distance P from the fulcrum knife-edge.

For the m'thlever the relations can be expressed, where Wm is the

weight of the lever,

If this lever now be deflected through a small angle such that

sin cp^=(pm there will be a restoring moment produced equal to

73 1l

Fig. 27.

or
174 BUREAU OF STANDARDS.

If this restoring moment is sustained by the beam, then the moment

produced in the beam is

Let be the angular deflection of the beam correspondiag to an

angular deflection of tp^ in the mth lever, then

and equation (33) becomes

D„=[{Wam+ WffjR + w^r^](^

J^^

^^^^

and Wpm are proportional to the load W, which is applied on

the platform of the scale at the nth lever, and it is readily seen that

"m+1 "j»

l^m+i .^m+i

^m+i - -

The moment per unit angle deflection produced is ^ and this is

the coefficient of restitution 5^, referred to in the period of the

balance, and substituting for W^m and W^m in equation (35) and

dividing by (p^ we have

putting ^' = F, it can be seen that multiplying the first

^1*^2

(X term in the brackets by ^there results

' /?m/\a^2 TM'"V«'2 «m/

and the effect from all of the levers is

7n=n 7n=n

or B=WK,+ E2 (45)
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 175

where Kj^ and are the constants derived from the summations as may be determined by comparing equation (45) with equation (44).

Now suppose that an increment of load J Wis added to the platform. In order to avoid confusion, we will assume that this A W

is applied on the load knife-edge of a set of weightless, massless

levers running parallel to the other levers. This will produce a

moment on the beam of oc^ FA W, and the lever system will deflect

until this moment is balanced by the moment developed in equation

(45), or a^FAW=cp^B

This expression for the sensibiUty reciprocal is of the same character as thatfoimd for the simple theory of the balance, i. e., it varies

linearly with the load W.

The factors Kj and are a result of a summation of quantities

derived from various levers. As the demonstration was outhned,

quantities derived from levers in which the centers of gravity are above the knife-edge will have to take a negative sign. And an

effect of one character in one lever can be counteracted by an opposite

characteristic in another lever, such as the beam.

This is mentioned particularly, as frequently designers have taken

extreme care at considerable cost to have the center knife-edge of a

lever at or near the center of gravity of the lever when any difficulty

caused by having the knife-edge too far above or below the center of

gravity can be generally corrected in the beam.

A word of warning will be given in regard to obtaining experimental values of S — or lever scales which have several points of

support. The theory indicates that when S — ^ is plotted against

the load a straight Une should result.

In platform scales the elements of the four receiving levers may be

different, and considerable irregularity wiU frequently be observed,

as with varying loads the distribution between the levers wiU vary

both on account of the spring of the parts and on accoimt of stacking

the load on the platform in an irregular manner.

DISCUSSION.

Mr. Neale. Mr. Chairman, I woiild like to say regarding the paper

that while it teaches undoubtedly a vital and important lesson, it

brings to my mind the very thing that the Secretary of Commerce

touched upon this morning in speaking about the fact that truth

must first be learned and then translated into workable units. Of

course, in the case of a somewhat elaborate and extensive description,

we must appreciate that if it does overreach us, it is there and it is our aim, of course, to draw aU we can out of it. I would like to make this suggestion, however: I beheve—and this

I think Mr. Briggs will take in good part—that if in conjunction with
176 BTJBEAU OF STANDABDS.

a very beautiful and scientific elaboration of this kind, and the figures

that he draws on the board, the old-fashioned levers with which we

are famUiar could be jointly thrown on the screen, it would reaUy tell a more interesting story to many who have not been taught to read

in lines and figures. That is only a suggestion, Mr. Briggs.

Mr. Briggs. Mr. Chairman, the suggestion of Mr. Ne^e in regard

to having the diagrams constructed to show the relations of the

various parts, using the outhnes of the old-fashioned levers, is indisputably a good one. Unfortunately I was not aware that a lantern

was to be available, so no shdes were constructed. I further ex- pected to have an opportunity to draw the figures on the board before

the paper was given. The unexpected change in the order of the

program did not allow this to be done and the demonstration suffered as a consequence.

Mr. Neale, as I understood it, just made the point that there were

practical apphcations possible of what appears to be somewhat complicated demonstrations. In the way of corroboration and of emphasizing the practical apphcation it may be stated that the section

on the effect of roimding the knife-edges and its relation to the change

in the effective range Imes of the lever was to affect a reconciliation

between certain practices found good by experiment and certain

simple theoretical considerations which apparently did not agree.

That is, there was a lack of agreement between certain practices

of practical scale men and the theories commonly accepted by them,

and the search for the lack of harmony resulted in the article just

mentioned.

The Chairman. I want to say, in regard to the last paper, that in

our efforts to accommodate the larger crowd our facihties have not

been as good as we expect them to be in the future. We did not know

until a few days ago that we could occupy this room, so that the darkening of the windows and aU that is temporary; and there has been a

great rush of work in other lines. In the future oiu* papers will be

illustrated by working models. The art of explaining complicated

mechanisms in simple language is a very difficult one, but we wiU try

to provide better facilities for that hereafter. It does not take away

from the importance of the theoretical discussion; at the same time,

if we can do anything to make it plainer, we will do so in the future.

Mr. Waldron. Mr. Chairman, before we adjourn for limch, I would

like to ask our secretary, Mr. Fischer, to kindly have on exhibition here

a sample of those gasoline cans that are supposed to hold 5 gallons

but in reahty hold only 3 ; also a sample of the many thousand baskets

that we had in our State before the department was created.

The Secretary. I wiU be very glad mdeed to comply with that suggestion. The photographer told us this morning^ that he had just

finished making some photographs of that can; if it had not been for

that, I would have had it on exhibition before. I think that is one of

the most starthng samples of fraudulent measure I have ever seen,

and I am very glad indeed that Mr, Waldron reminded me of having

it where it could be seen. (Thereupon, at 12.45 p. m., a recess was taken for luncheon.)
FIFTH SESSION (AFTERNOON OF FRIDAY, MAY 16, 1913).

The conference reassembled at 2.15 p. m., Mr. S. E. Strode presiding.

The Acting Chaieman. The secretary desires to make an an- nouncement.

The Secretary. I have been requested by Mr. MikeseU to state

that the committee on resolutions is now meeting in the room on the

right, and that they will be glad to receive any resolutions which

any member of this conference may propose.

Mr. Fine. I would like to ask a question, as long as the resolutions

committee is in session now. I asked at the meeting yesterday if this conference would go on record recommending to each State that

all city sealers be under the supervision of the State.

The Secretary. Make that suggestion to the chairman of the

committee, Mr. Fine.

FUNCTIONS OP A STATE SEALER.

By H. H. Henry, Commissioner of Weights and Measures, State of Vermont.

Before attempting to give my views on the functions of a sealer,

I wish to apologize to the conference for being thrust upon them in

this matter, pleading guUty to the fault of naving suggested this

particular subject but not to any purpose or desire of treating upon

the subject myself. In fact, my purpose was to gain information

from others, for in my two and one-half years of experience as a

State sealer I have many times been puzzled and am still often somewhat puzzled as to the proper limit of a State sealer's duty and his

jurisdiction. In my present predicament of endeavoring to elucidate the subject of "Functions of a State Sealer," however, no such

doubt or ambiguity exists, for here I find myself entirely outside of

my jurisdiction.

The functions of the sealer according to the dictionary meaning

is the proper activity or employment of his faculties and powers.

The faculties are personal, but the powers of the sealer are legal and

depend upon the phraseology of the laws giving him authority. For

that reason, there is bound to be a slight difference in the powers of a sealer in various States. In the main, however, the authority

conferred is the same in every State. The sealer is ordinarily given

a general supervision over all the weighing and measuring devices in

the State, the authority to test such devices, and often the authority

to regulate their use to a greater or smaller degree. The State sealer's

authority usually, also, gives him some jurisdiction over the purchase

and sale of commodities with reference to the quantity delivered.

The powers and authority are defined in simple terms; their exe- cution IS much more complicated; for example, if this phrase is used,

"all weighing and measuring devices" it includes besides scales,

weights, and measures found in stores the scales used for public

weighing, weighing baggage, express, freight in small lots, freight

in carload lots and all other scales, weights, and measures whether

28670°—14 12 177
178 BUBEAU OF STANDABDS.

used in trade proper, or ia manufacture, or even in the household.

Furthermore, this phrase includes meters of aU sorts, such as water,

gas, and electric meters and taximeters. It includes cream test

scales, prescription balances, surveyor's chains, and hundreds of

similar devices not termed as scales, weights, and measures in the

ordinary sense. Therefore, the difficulty arises as to the proper

extent of the sealer's exercise of authority.

To solve this difficulty it is necessary in the first place to decide

whether he has the legal right to test a certain device. When this is

determined upon in the affirmative, he must then use his judgment

as a practical man on the question of whether he should exercise this

authority.

The question of legal right to test a certain device, I believe, must

be decided upon the oasis of whether or not the device in question is

really used for the determination of quantity or quality. Weights

and measures departments are clearly tor the purpose of supervising

the determination of quantities. Oftentimes we find it difficult to

determine whether an instrument is used to measure quantity or

test quality, without a technical study into the use of the mstrument.

For example, the hydrometer as used by the Vermont maplesugar dealers is an instrument to determine quantity, although, as I

understand it, this instrument is usually used to test quality by

determining density. In Vermont the sirup is weighed and then

tested by the hydrometer and from these two tests the measure is

determined upon which the price is paid. You therefore see that

the hydrometer used in this way determines the quantity in a commercial sense, but it was not without a good deal of thought and

correspondence that I decided upon assuming jurisdiction over the

testing of hydrometers.

Another instrument which presented difficxilties along the same

line in our department was the cream test scale. This instrument

with the pipette and the bottle used in conjunction is usually only a

quality instrument, for with these it determines the amount of butter

fat in a certain sample of cream and the cream is paid for on the basis

of the test of the sample. By law in the State of Vermont bottles and

pipettes are under the control of the board of agriculture, so that the

only instrument used in making these tests with which we have to

deal in any case is the cream test scale. This scale by itself is used

to weigh the sample, so we have construed it as a quantity instrument and are testing these scales in the same way we test any ordinary scale, weightj or measure. Similar problems confront the

sealer as his work increases. This it is bound to do from year to

year if he is an alert and active official. Oftentimes authority

specially designated as belonging to some other department aids us in limiting our jurisdiction; for example, in many States meters

of various kinds are by special act placed "under the jurisdiction of

some other department.

After we have determined upon our right to test certain instruments as best we can, the fxmction of the sealer is then to determine

whether it is his duty as a public official to further burden his department and expend the people's money by taking up the work of testing

the particular devices under consideration. This involves carefiu
EIGHTH CONFEBENCE OF WEIGHTS AND MEASURES. 179

study as to the need of inspection on the one hand and its cost on the

other, also a comparison of the need of this work with other work

which he must infringe upon if he extends his efforts in the new

direction. In practical application we would reverse the order of consideration of the right ana advisability of assuming further jurisdiction.

It is particularly incumbent upon the weights and measures official

to study into these matters carefully and to use wisdom in his decisions,

for we are practically pioneers in our line of work in the United States,

and upon the good sense of our actions depends directly the future

reputation of honest weights and measures. If we undertake fads

and fancies or expend lavishly to correct technical errors, or if, on

the other hand, we tmnecessarily lend a deaf ear to the crying need

for our efforts along a line not previously undertaken, we have carelessly committed a serious offense against honest weights and measures

throughout the country and the cause must eventually suffer therefrom.

In a similar manner we must bend every effort to a correct exercise

of our authority over the purchase and sale of commodities, which

is the other main duty and undoubtedly the highest office of any

sealer of weights and measures. Here again it is unquestionably

necessary for a sealer to study conditions in order to know how he can

most effectually serve the public at large. In my own experience,

which I presume is similar to that of other State officials, I soon

learned that if the matter of selling and purchasing in accordance

with the standards of weight and measure were to be corrected in any

effectual way or to any degree it would be necessary to exercise the

very best discretion and use every effort to go at the matter in a

proper way, for instance, I found that there were certain practices

which although absolutely fraudulent had been so thoroughly

adopted owing to all lack of control that they had become considered

as trade customs by our tradesmen. We found customarily 20

bags of coal sold for a ton and an unweighed bag of grain sold for 100

pounds, butter printed regardless of whether it weighed a pound or

not, and beans customarily sold by the liquid quart. In these ways

and. in several other similar ways there was a systematic defrauding

of the consimier.

I do not intend to idealize our Vermont methods, but I simply

suggest the method we took to correct these irregularities. We

commenced upon our field work and endeavored as soon as possible

to put the weighing and measuring apparatus throughout the State

in correct condition, so that the mercnant had an opportunity to

give 16 ounces for a pound, etc. At the same time, we made up

different forms of notices relating to the various fraudulent customs

and distributed such notices to all possible parties whom they would

affect. Further than this, each inspector distributed copies of the

laws and of the specifications and regulations and individually

called attention to the necessity of doing away with these fraudulent

customs. The various notices, etc., were sent to aU newspapers

and many of them were reprinted in their columns. We, therefore,

advertised and explained to the best of our ability throughout every

square mUe of the State of Vermont and asked particularly for the

cooperation of the business men in the matter of proper regulation

of buying and selling. After posting the State as thoroughly as
180 BUKEAU OF STANDARDS.

pos&ible we followed up this advertising and educating campaign

with as thorough checking up as possible and have prosecuted from

time to time since; but in no case have we ever made a prosecution

of any party who did not have every opportunity to know what the

law meant and to obey the law, and I personally believe that owing

to the method employed there has been a speedy and quite universal

reform from fraudulent practices in buying and selling and this has

been accomplished with very few prosecutions. I further believe

and have recently had good evidence that by this method the department has kept itself in good repute with the merchant public as well as the consumers, and u a weights and measures department wishes

to exist successfully it is most important to have the cooperation of

the people affected by its jurisdiction. It, therefore, seems to me

that it IS the further duty of a State sealer to so employ his power

that the merchant will have every fair advantage and then, of course,

to see to it that the merchant takes no iQegal advantage.

In a similar manner it is the proper function of a sealer to do all he can to educate the general public to a knowledge of the importance

of honest weights and measures and to a respect for that particular

law. It is often hard for a person who has studied into a matter

thoroughly to realize that the general public have no conception of the

meaning of things with which he is familiar. Even after a State law

is enacted you wHl find that the general public, even those who have

voted for the enactment of the law, does not tmderstand that the

quantity of a commodity for which coinage is exchanged is more

vitally unportant than the coinage itself, and that it does not realize

the absolute necessity of the work. The sealer is a special student

in this line of work and more or less at the expense of the people

gains his information; it is, therefore, his function and his duty to take

pains to impart the knowledge which he receives to the general public,

and this will, of course, eventually benefit himself and his department.

In a similar way, it is a fimction of a sealer to impress upon the

public that a weights and measures department is distinctively a busi- ness proposition, and that in behalf of their interests such a department

must be freed in every possible way from political influences. Some

departments apparently do not suffer particularly in their work

because of political juggling, but a weights and measures department

is necessarily of both a technical and strictly business nature, and it is

the absolute duty of a sealer not on his own accoxmt but on behalf of

the public to divorce or keep separate his department from all political

influences.

A State sealer is not fully or carefully fulfilhng his functions if he

confines his studies within the limits of his own State, for the relation

of the business interests of the tradesmen of different States is so

closely related that a sealer must carefully keep in touch with the laws

and methods of this work in other States that he may be able to

protect his citizens, particularly the merchant public, from the

injuries of lack of uniformity. That this is a most necessary part of

our functions is evidenced by the presence here of so many of us from

all over the United States.

It is futile for me to tell you, many of whom have had more experience than myself, just what the functions of a State sealer are, but
EIGHTH CONFERENCE OP WEIGHTS AND MEASURES. 181

I have done my best to outline in a general way what appear to me

to be the functions, and I submit these merely as suggestions for

whatever value they may be, and in the hope that further discussion

may be taken up so that I can obtain suggestions from others, as was my intention when calling this subject to the attention of the

executive committee. However, it does seem to me that it is well

for every State sealer to make a personal examination of himself to see if he is using his best effort in his work as head of the department,

for under our older weights and measures laws the legislation along

this line had been considered and was a farce, under some of these

older laws there were officials who were worse than actors in the farce, so that the present official finds himself in a worse predicament than

if he were entirely a new proposition. We are further constantly

reminded that every earnest and efficient weights and measures

official incurs the hatred of a watchful and often organized minority

of our tradesmen, whose business had previously been so conducted

or is so planned, that the merchants would feel more freedom and less

embarrassment without weights and measures laws strictly enforced.

This dishonest minority is not without influence, and does not hesitate

to attempt to bring weights and measures laws or officials into disrepute by the advertising of any error we may commit, or even by

means of the most groundless fabrication of rumors. It is, therefore,

unquestionably incumbent upon everyone of us to so conduct his

work that his department will be respected and esteemed by his own

commonwealth

.

TESTING OF CAPACITY MEASTIRES.

By R. Y. Fernee, Associate Physicist, Bureau of Standards.

The method to be used in the testing of capacity measures varies

according to the quality of the measure and the purpose for which it

is used. Measures of metal, of heavy construction, suitable as the

primary standards of an inspection office or as master measures for a manufacturer, should have their volumes determined by weighing

the amount of distilled water which they will hold and computing the

volume from the known densities of water at the observed temperatures. When such measures are used to standardize other metal

measures of less careful construction, or for the testing of the ordinary

commercial liquid measure, the test can be best made by emptying

ordinary water from the standard measure to the one under test,

measuring, by means of a graduated glass cylinder, the amount of

water left over after filling the measure under test or the additional

amount needed. Foi' testing dry measures, a still less accurate

method, but one that is sufficiently accurate in many cases, is by the

use of seeds first measured out by the standard measure, the error of

the measure under test being ascertained in the same way as with

water. Finally measures that are of regular shape may sometimes be

measured by an inch rule, or some special gauge, and the volume computed with sufficient accuracy for trade purposes, or the error may be

determined by the difference between the measured dimensions and

what they should be.
182 BUREAU OF STANDARDS.

It is proposed in this paper to treat briefly of some of the details

and precautions to be observed in each of these methods to obtain

different degrees of accuracy up to that of one part in 10,000. The

testing of volumetric glassware, such as is used by chemists and

druggists, or of the graduated glassware used by a sealer in the testing of capacity measures, is not discussed, as the methods of such

testing are fully described in other publications of this bureau.*

DEFINITIONS OF UNITS.

It might be well, in the first consideration of this subject, to define

the units of capacity measurement common in this country, and to

distinguish between the unit of measure and the standard measure

itself.

The two fundamental units of liquid and dry measure, respectively, are the gallon and the bushel in the customary system of weights and

measures in the United States, while that in the metric system, used

for both liquid and dry commodities, is the liter. Both the gallon

and bushel, as units, are defined in terms of volume or cubic capacity

and are independent of temperature. They may be defined as follows

A gallon is a unit of capacity equivalent to the volume of 231 cubic

inches. It is a measure for liquid commodities only.

A husTiel is a unit of capacity equivalent to the volume of 2,150.42

cubic inches. It is a measure for dry commodities only.

The definition of the liter, on the other hand, does involve a question of temperature. It is defined as foUows:

A liter is a unit of capacity equivalent to the volmne of the mass of

1 kUogram of pure water at the temperature of its maximum

density and under the standard atmospheric pressure of 760 mm.

At the temperature in question, which is about 4° C, it has been

found experimentally that the volume of a liter thus defined is equivalent to 1.000027 cubic decimeters.

DISTINCTION BETWEEN UNITS OF CAPACITY AND CAPACITY MEASURES

It is necessary to decide upon some temperature at which the measures shaU be correct, on account of their expansion and contraction

with changes of temperature. When the first State standards were

made 70 years ago, the temperature decided upon was that of the

maximum density of water, 4° C, or 39.2° F. A standard gallon or bushel measure is therefore defijied as a measure which has the

volume of a gallon or bushel at 4° C. (39.2° F.). This distinction

between the gallon or bushel and the standard gallon or bushel

measure should be borne in mind carefully in all precision work.

The difference will hardly affect the result of ordinary commercial

transactions, however, as the expansion of a standard brass measure

from the standard temperature of 39.2° to, say, 75.2° F. amounts to

only & little over one-tenth of 1 per cent. In other words, the commercial measure tested by means of a standard measiu-e will have no

error at ordinary temperatures due to this fact greater than an

amount considerably smaller than the degree of accuracy with which

1 Bureau of Standards Bulletin 4:533, 1908; also Bureau of Standards circulars Nos. 9 and 19.
Weights and Measures.

Fig. 1.

Set of liquid capacity measures of heavy construction of the type furnished the States by the National Government as standards 70 years ago.

Fig, 3.

Set of conical liquid capacity measures suitable as secondary standards and especially

adapted to inspection work.

EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 183

the commercial measure is regularly tested for sealing. (By commercial measure in this paper is meant the ordinary liquid and dry

measures used in retaU trade, usually made of tinned or enameled

ware, galvanized iron or copper, or of wood or fiber.)

TESTS OF PRECISION MEASURES.

The work of the bureau in testing capacity measures consists

chiefly in precision measurements of metal measures of substantial

construction, and having the top of the measure ground flat and provided with a glass cover plate used to define the filling of the measure. Types of such measures are shown in figures 1 and 2, figure 1 being a

photograph of such a set of standards as was sent to the different

States 70 years ago, while figure 2 shows a set of measures of a more

simple design suitable for State standards. These measures have

been required to be adjusted within 1 part in 2,000 in order to

receive the seal of the bureau and their capacity is usuaUy certified

to 1 part in 5,000 or 10,000.

The method of testing such measures is, in brief, to weigh the

measure empty and then to weigh it filled with distilled water, the

temperature of which is read. From a table showing what the water

in a standard measure of the given size and same material should

weigh under the observed conditions, the error of the measure imder

test can then be ascertained. For the highest precision the atmospheric pressure is read by means of a barometer, and the humidity

of the air is determined and corrections are made for the variations

caused by changes in these factors. These corrections are not neces- sary for an accuracy of 1 part in 10,000 except for the special

conditions noted later.

DETAILS OP METHOD FOR AN ACCURACY OF 1 PART IN 10,000.

The measure and glass cover should be cleaned and diied. The

measure with its cover is then placed on one pan of a suitable equalarm balance, and with it are placed weights approximately equal to

the weight of water held by the measui'e at the room temperature as fotmd in Tables 1 to 6. This is 1889 grams ^ in the illustrative

example shown on page 184, in which the test of a 2-quart measure is

shown. The measure and weights are then counterpoised by weights

or metal placed in the other pan tmtil the mean position of the pointer

of the balance is near the middle of the graduated scale. If the accu- racy of the balance is not known, or is such as to make it necessary,

scale readings of the vibrations of the pointer are taken as shown m

the illustrative weighing. The mean of the averages of the left and

right readings, 13 in the example, would be the equilibrium point of

the weighing. In actual practice, however, twice this equilibrium

point is used—that is, the sum of the averages of the left and right

readings, as this factor of 2 cancels out later in dividing one

difference of equilibrium points by another. This double equihbrium

point for the weighing of the measure empty in the illustrative

example is 26. If it is desired to determine the sensitiveness of the

1 Metric weights are usually used for these tests because of the greater ease of computing results in a deci- mal system and because of the approximate relation that 1 cubic centimeter of water weighs 1 gram.
184 BUREAU OF STANDARDS.

balance, a small weight, 0.1 gram in the illustration, is placed on one

of the pans with the previous loads remaining on the pans and readings are taken to obtain the new equiUbriima point. The difference

between this double equilibrium point, 16 in the example, and the

one first obtained, 26, when it is divided into the amount of the small

weight, 0.1 gram, gives the value of one division of the scale. This

value is later used to evaluate the difference between the weighings

of the measure empty and when filled.

Test No. —. Date, 5-1&-13. Balance, B 3. Observer, E. Y. F.

Pans. Scale readings.

Equil.

pomts

X 2.

Scale

difference X 2. Left. Right. Left. Right.

Counterpoise.

S-gt. measure, empty. Yl kg lOg BOOg

200 2

1

100 2 2 6020

IB

2S

11 IS

11 IS

Ditto. Ditto + O.lOg.

12

16 10

B 10

S 11

Ditto.

2-qt. measure,

with water at 21.6° C. + O.Bg.

H

17 9

3 u

3 H

COMPUTATION OF OBSERVED WEIGHT.

Grams.

Difference of equilibrium —JiT^^ ~ -\-.09

Weights in first load = 1,889. 00

Weights in last load = —0.50

Total observed weight of water = 1,888.59

COMPUTATION OP WEIGHT OF WATER IN A CORRECT MEASURE.

Weight of water in gallon measure at 22° C = 3,776. 7

'RQA.nctioVi to 21.6° C. =0.4X0.6Sg = -\-.25

Correction for barometric pressure = +.07

Total weight under observed conditions of water contained in a standard ^aZZon measure = 2)3777.0

Total weight under observed conditions of water contained in a standard f-g'Mar< measure = 1,888.5

Observed weight of water (from above) = 1,888. 6

Correction of 2-quart measure = +0. 1 = 1 part in 19,000

Therefore the above measure contains 0.5000 gallons at 4° C. Note.—The portions of the above table in roman type represent the form used for these weighings, while the material in italics represents observational data in the

particular case.
EIGHTH CONFEEENCE OP WEIGHTS AND MEASURES. 185

The measure and weights on the right pan are then removed, and

the measure is filled with distilled water, the temperature of which

is taken just before the filling is completed, 21.6° C in the example.

The measure is then placed on the same pan as before, the counterpoise on the other pan not having been disturbed meanwhile, and

sufficient weights are added to either pan to bring the pointer near

the point of equilibrium of the first part of the weighing, this weight

amounting in the illustrative weighmg to 0.5 gram while the double

equilibrium point is 17. With a balance as sensitive as the one used

in the illustration given, it was sufficient, for an accuracy of one part

in 10,000, to bring the double equilibrium point within nine divisions

of the previous one. With a less sensitive balance, one must determine its possible accuracy and take the precautions necessary to

obtain the results desired.

COMPUTATION OF A PRECISION TEST.

COMPUTATION OF THE OBSERVED WEIGHT.

The value in grams of the difference between the double equilibrium point when the measure was empty and when it was filled is

found by multiplying it by the value of one division as previously

obtained. The result, 0.09 gram in this case, is to be added to the

weights in the pan with the measure when empty. The 0.5 gram, on

the pan when the measurewas filled, is subtracted from the 1,889 grams,

since the weight of the water was less than the 1,889 grams by that

amount. (The corrections to the weights used should also be included if they are large. Those used in the illustrative example were

small, amounting to less than 0.01 gram, and are omitted.) These

three quantities give, then, as the observed weight of the water contaioed in the measure under test, 1,889.6 grams in the example given.

COMPUTATION OP WEIGHT OP WATER IN A CORRECT MEASURE.

To find the error of the measure under test, one finds the weight of

water that would be contained in a correct standard measure at the

temperature of the test and subtracts it from the observed weight of

the water. This may be, for liquid measures, most conveniently

computed first for a gallon and the result then divided by the proper

factor to give the weight for a measure of the size imder test. From

Table 1 (p. 194) is taken the value for the whole degree nearest to the temperature observed, 22° in this case, which is 3,776.7 grams. Interpolation to the fraction of a degree is then made, in this case to 21.6° (the

correction of the thermometer having been less than 0.1° and therefore

neglected) by multiplying 0.4 (the difference between 21.6° and 22°)

by the rate of change in weight per degree from 21 to 22°, 0.63 gram

in this case, giving +0.25 gram. These rates of change between each

degree are shown in the third column of the tables 1 to 4. This interpolation quantity is additive in this case since the weight increases

with decrease of temperature.

Since the table of the weight of water in a gallon measure is made

out for a standard condition of 760 mm. atmospheric pressure, in
186 BUREAU OF STANDARDS.

accurate work a correction must be made if the weighing was made

at some other pressure. This correction is small, however, amounting to about 0.005 grams per millimeter difference in pressure in the

case of a gallon, and would affect the resiilts to one ten-thousandth

part only when the pressure is less than 700 mm, and so can be neglected imless the test is being made at such a high altitude that the

pressure is lower than this amount. In the latter case a constant

correction can be computed and applied to all results with sufficient

accuracy. For pressure below 760 mm. this correction is always

plus in sign.

In this example, the pressure being about 750 mm, the barometric

correction is about 0.07 gram, which added to the interpolation cor- rection of + 0.25 gram gives + 0.3 gram to be added to 3,776.7 grams,

the weight of a gallon at 22°, to give what the water contained in a

gallon measure imder the observed conditions should weigh.

Corrections for the humiditv of the air may be neglected when work-]

ing to this accuracy or less. This quantity, +0.3 gram, being added to 3,776.7 grams gives

3,777.0 grams as the weight in air under the observed conditions of

the water contained in a standard gallon measure, and this divided

by 2 gives 1,888.5 grams as the corresponding weight of water in a

standard 2-quart measure. The difference between this and the

observed weight of 1,888.6 grams gives +0.1 gram or cubic centimeter, the correction of the measure under test. This is one part in

19,000, approximately, or the measure under test contained 0.5000

liquid gallon at 4° C.

In case the measure under test is made of some other material than

brass, for which the tables used are made out, it might be necessary

to apply a correction for the difference in expansion of the two metals

from 4° C. to the room temperature. Such a correction would seldom

Such a correction used in case of cubic-foot bottles would be

smaller stUl, as cubic-foot bottles are made to be standard at 62° F.

The most important precautions to be observed in the testing of

measures are with regard to the filluig of the measure and the temperature of the water. In order that there may be as little change

in the temperature of the water during the weighing as possible, it ia

desirable that the water shall have been in the weighmg room for

several hours at least before the observations are taken. The filling

of the measure is usually done by means of a siphon to avoid the

mixture of air with the water. When the fiUing is nearly completed

the cover is placed over part of the top and the temperature is read.

If the thermometer used is in error by an amount that will affect the

results, its correction should be applied to the reading before the computation is made, a correction of 0.5° C. affecting the results to one

Eart in 12,000. The care taken in reading the temperature should

e governed accordingly.

(16.67° C), instead of 4° C.

PRECAUTIONS IN WEIGHING METHOD.
EIGHTH CONFEBENCE OF WEIGHTS AND MEASUEBS. 187

After the reading of the temperature the filling of the measure is completed, the cover being shoved over gradually with a moderate

pressure. The last drops of water are usually put in with a pipette, or medicine dropper, and care should be taken that no air bubbles

remain under the cover. After the cover is in place no additional

Eressure should be applied to it with any idea of making a tighter

t, for any such pressure is liable to force out some of the water.

Before placiag the measure ia ' the balance, any moisture that may

be on the outside of the measure or cover should be carefuUv wiped

oflf with filter paper or blotters.

The weights used should be of brass or should be known ia terms

of brass standards. If their errors are large enough to affect the

results to the accuracy desired, corrections must be applied to the

weighings. It is assumed that the balance used is in proper adjustment.

THE USE OF THE TABLES.

The same method of computation used in the illustrative example

that of computing the weignt of water contained in a standard gallon

measure under the observed conditions and then dividing by the

necessary factor to give the correct weight for the size of measure under

test—is applied to dry measures, metric measures, and bottles holding

fractions CI a cubic foot. Tables 1 to 4 (pp. 194-197) give the neces- sary weights of water at various temperatures for this purpose, together

with the rates of change of weight per degree for interpolation purposes. The weights are also given in pounds avoirdupois in case one

wishes to use pound weights instead of metric. Tables 5 and 6 give

the weights of water contained in the smaller-sized liquid and dry

measures, respectively, for use in determining the weights to be

placed on the balance pan with the measure when empty.

TESTING CUBIC-FOOT BOTTLES.

The precision testing of the volume of cubic-foot bottles used as standards in the testing of gas meters is carried out in a manner very

similar to that of the test of high-grade capacity measures. It, of

course, requires a large balance having a pan capable of holding the

bottle. Special methods of filling the bottle have to be used, depending upon the kind of defining lines or surfaces which the bottle may

have.

The test of a cubic-foot bottle differs in one respect from that of

most other capacity measures in that the bottles are made to be

standard at 62° F., instead of 4° C, and the tables of weights of

water contained in the bottles are made accordingly. The weights

of water contained in a standard cubic-foot bottle made of brass are given in Table 4. TESTS BY POURING WATER.

The testing of commercial measures by the method of pouring ordinary tap water from the standard measure to the measure under test

(or the reverse) involves no great care other than that of accurately
188 BTJEEAU OF STAISTDAKDS.

filling the standard measure and ordinary carefubiess in emptying it. The standard should, of course, be kept clean, as the presence of dirt or grease in the measure affects the drainage of the measure. If the

best accuracy attainable by this method is desired, it is, of course,

necessary to use the sHcker plate with the standard and, if practicable, on the measure being tested also. Without the slicker plate two

observers are apt to have quite different opinions as to the proper

stopping point m the fi^Uing. For this reason the sUcker plate should

always be used in any case where a dispute is to be settled. In figure

3 is shown a set of conical measures which are specially suitable for

tests made by pouring.

After filling the measure under test from the standard, if the former

is under size, the water remaining in the standard is poured into a

graduated cylinder or a cone graduate or other graduated glass vessel

to determine the error of the measure. This may be graduated in

cubic inches, fluid ounces and drams, cubic centimeters, or percentages of the size of measure under test, whichever is most convenient

for determining the correction in the units desired. Or in case merely

the question of whether the measure is within a certain tolerance is to

be settled, the glass may be graduated to this tolerance only. It is

desirable that the graduated glass vessel used for the measurement

of this error should not be of too great a diameter in proportion to the

small amount of water being measured; for this reason the cone

graduate has an advantage in that the diameter of the surface of the

water varies with the amount measured. It is desirable that cone

graduates should be tested before use and they should, preferably,

conform to the requirements of the Bureau of Standards specifications

for such apparatus, particularly in having the lines extended at least

halfway aroimd the measure.

If the measure under test is larger than the standard it would be

necessary, after emptying the standard into it, to add the additional

water necessary to nil the measure from some glass volumetric apparatus, reading the amount of water in the graduate or cylinder before

and after the addition. In this case the use of a cone graduate is

less desirable, especially if only a small quantity of water is to be

measured, as one loses the advantage of surface diameters proportional to quantity. If necessary to use a cone graduate, the amount

of water needed should be estimated as closely as possible and only

this amount put into the graduate initially.

The film of water remaining in the standard after emptying is

usually neghgible if the measure is clean. It varies according to the

size and character of the surface of the inside of the measure but

seldom amounts to more than 0.15 per cent on a gallon measure and

about 0.25 per cent on a quart. For uniform results the measure

should be allowed to drain for about 10 seconds and then any hanging drops of water shaken off. The error from this cause may be

further eliminated by wetting the inside of the standard and the

measure under exanunation before beginning the test. The accuracy attainable by this method depends largely on the

size of the top of the measure under test if a slicker plate is not used
Weights and Measures.

3M

Fig. 4. —Type of glass bottle specially adapted to testing measures. A line on the neck of the bottle defines

the capacity and lines above and below the defining

line give the tolerances allowed for new and old measures.

EIGHTH CONPEEENCE OP WEIGHTS AND MEASUBES. 189

on it. With a conical-shaped Hquid measure having a small top

compared with the size of the measure such tests may be maae

accurately to about one part in 300 or 500 on a gallon measure. Another method by which measures may be tested by the pouring

of water is by the use of a glass bottle having a long, straight neck

with a funnel shaped mouth to facilitate filling. This bottle is used

as a standard instead of a metal measure and has a line at about the

middle of the neck to define the capacity of the bottle. On either

side of this defining line may be ruled either tolerance lines or graduations to show the actual amount of the error of the measure under

test. Such a bottle is shown in figure 4. In the use of this method

the measure under test is fiUed with water and emptied into this

glass standard, the error being read on the graduated neck of the

bottle. The advantage of the method is that it is not necessary to

measure the error in a separate vessel.

TESTS WITH SEEDS.

In the testing of dry measures with seed much depends upon the

kind of seed used and the method of test. In order to determine

which of several varieties of seeds gave the best results a series of

several hundred tests has been made at the bureau, using measures

of different shapes and sizes and allowing the seeds to fall from different heights. In general the best seeds for use in testing measures

would be those which fiU a measure most uniformly upon repeated

fillings and which require the least care in the method of test used

as to height of fall, rate of fall, method of striking off the top, and

care to avoid shaking down the seeds during the test. To determine which kind of seed gives the most uniform results

upon repeated fillings the following procedure was followed: Using

an accurate metal measure of which there could be no question as to

its constancy in the experiments, the measure was fiUed 10 times in

succession with each kixid of seed for each of the various conditions,

and the seed on the top after the measure has overflowed was struck

off in the same way each time—that is, with a bevel-edged ruler

held somewhat obHquely and struck across the top of the measure. The seed in the measure was then weighed, weighing being used as the most accurate method of determining the actual quantity. That

seed of which the deviations of the 10 fiUings from the mean of all averaged the least would be the one giving the most uniform results.

Three kinds of seeds were used as representing three distinct types,

dried peas, flaxseed, and rape seed.
190 BUKEAU OF STANDABDS.

The average deviations resulting from the 21 series of 10 fillings

and weighings each are given in the following table:

Average deviation in 10 fillings.

Seed and Height Devi- measure. of fall. ation.

Flaxseed: In. P.ct. Liquid quart.. &| 0. 15 8i .12 Dry quart 4i .23

5| .16 71 .31 Si .14 «i .18 Mean .18

Seed and

measure.

Dried peas: Liquid quart. Dry quart.

Half peek..

Mean

Height

of fall.

In.5i

8i

*f

5i

71Si

8i

Deviation.

P.ct.

0. 10 .09 .16

.09 .16

.07 .06

.10

Seed and

measure.

Kapeseed:

Liquid quart.. Dry quart.

Half peck..

Mean

Height

of fall. Deviation.

In. P.ct.

51 0.06

8i .06 a .08

Si .03

7i .05 5i .06

8i .11

.06

In this table it is to be noted that the mean of the seven average

deviations for flaxseed is 0.18 per cent, for dried peas it is 0.10 per cent,

and for rapeseed it is 0.06 per cent. The individual average deviations for different heights of fall and different measures are all comparatively large for flaxseed and all quite small for rapeseed, indicating, then, that so far as uniformity of filhng is concerned rapeseed is the best of the three.

As a part of the study of methods of test to be used different

heights of fall of the seed were used. So far as the average deviations are concerned there seems to be no decided difference for different distances. The variation in the quantity of seed packed into a

measure with different heights of fall is of more importance however,

as in accurate tests it might be necessary to carefully adjust the height

of the hopper so that the average falling distance to the standard

shall be the same as to the measure under test. The results of these

changes in the falling distance show that the larger pea seeds become

packed more closely together with a greater fall, by an amount which

it is necessary to take into account in one's method of use of dried

peas, it being approximately one-half of 1 per cent increase in

quantity for each inch increase in fall. The increase for flaxseed

is considerably smaller, but does not average as low as that of rapeseed of which the change is so small that Uttle if any care of the height

of fall need be taken when rapeseed is used, making it practicable

for most tests with it to dispense with a hopper altogether if one is

careful about other details of the test. It has been suggested that if the measure were jarred or shaken

while the seed was being run into it better results might be obtained

by reason of the seed packing down and possibly occupying a more

constant amount of space for a given number oi seeds than if they

were allowed to lie just as they fell. To test this the measures, after

some of the fillings and weighings, were jarred on a hard base a definite number of times. The empty space in the measure was then

filled again and the seeds struck off as before and another weighing

made to determine the additional amount necessary to fill up the
Weights and Measures.

Fig. 5.Hopper for use in testing measures with seeds, showing the proper method

of striking off the surplus seeds from the top of the measure.

EIGHTH CONPEKENCE OF WEIGHTS AND MEASUBES. 191

the measure again. The average of the deviations from the means

of these series indicate that without doubt the shaking down of the

seeds does not give more uniform results, but quite the contrary.

The more important results of the tests of shaking down the seed

are the quantities that had to be added to fill the measiu-es again.

These quantities vary gi-eatly with the kind of seed and also greatly

though uniformly with the number of jarrin^s which the measure

received. Flaxseed shows the largest quantities, rapeseed the next,

and dried peas the least, the amoimts varying from 4 to 12 per cent

for the largest number of jarrings of the measure. The size of all the factors resulting from shaking or jarring the

seeds is such as to indicate that care should always be taken not

to move or shake the standard or measure under test while it is

being filled and struck. This large "packing factor," if it might be so

called, also indicates very clearly that the striking stick should

not be a round stick, as is so often specified, as such a stick must

inevitably have considerable packing effect as it is struck across the measure. A beveled-edged ruler or similar striker is therefore

to be strongly recommended. It should be of sufficient width,

1^ or 2 inches, or more, to take off the whole of the pUe on the top

of the measure at one stroke.

The results of these tests of the use of seeds indicate that rapeseed is the best of the three, and probably of any kind of seeds Tor

such use, especially for small m.easures, though dried peas may

often be used with sufficient accuracy for large measures. Both seeds

also have the advantage that they keep well for a long time and are not very expensive.

The tests also show that little care need be taken as to the height

of fall of the seed, but care should be taken in the handling of the

measures to prevent jarring them and in striking off the seeds to

prevent packing. With reasonable care this method may be used

to an accuracy of from 1 per cent to 0.2 per cent, according to the

kind of measure being tested, the use of seeds in testing ice cream and

oyster pails being probably the least accurate of the tests. Briefly, then, the method of test of a dry measure by means of

seed is to allow seed to run from a hopper into the standard measure

imtil they overflow the top of the measure, or until there are sufficient seeds to fill the measure when they are leveled down by the

striker and leave a small quantity to be struck off; then strike the

measure with a beveled-edged striker, returning the extra seeds and

those in the hopper to the stock. The seeds in the standard measure

are then emptied into the empty hopper and are run into the measure

under test. The top of the pile is then spread out carefuUy with

the striker without taking the measure from under the hopper, and

any surplus is struck off and collected in a graduated cylinder or

other measuring device to determine the exact amount of the excess. For more accurate results they might be weighed if the weight per

volume of the seeds is known. If the measure under test happens

to be slightly larger than the standard, it will be necessary to add a measured amoimt of seeds until the measure strikes even.
192 BUREAU OF STAKDABDS.

TESTS BY DIMENSIONAL MEASUREMENTS.

The testing of capacity measures by measurements of the dimensions is usuedly the least exact of all the methods that have been

mentioned. This is on account of the frequent irregularity of the

measures, either by bending or warping, or because the measure is

not adapted to ready computation of its volume by this method.

When the measure is cylindrical or has the shape of the frustum of a

cone, the dimensions may be taken with an inch scale with the help

sometimes of a pair of compasses or calipers for measuring the inside

bottom diameter. If the measure is not truly cylindrical in shape,

diameters of both the top and bottom should be measured, as well

as the vertical height of the measure. The exact formula for computing the volume having the shape of the frustum of a cone is

where F=volume, H= the internal height of the measure and R and r the semidiameters at the top and bottom of the measure on the

inside. Or another form of the same formula, sufficiently accurate,

which is somewhat easier to compute, is

where the letters have the same meaning as above except that R'

is the mean of R and r. However, unless the larger diameter differs

from the smaller by 30 per cent or more, results accurate to 1 per

cent may be obtained by using the still simpler formula,

V==nH(^^^ or V=TtHR'^

the terms having the same meaning as above. This is equivalent

to assuming that the frustum of the cone is equal to a cylinder of

the same height and having a diameter equal to the mean of the top

and bottom diameters.

It is suflBciently accurate in aU these formulse to use tc as equal to

22

-y. It is necessary to measure the height of the measure to at least

the degree of accuracy desired in the final result; that is, for example,

to within 1 per cent of itself if an accuracy of 1 per cent in the volume

is demanded. The diameters must be measured to twice that degree

of accuracy; that is, in the same case as above, to five-tenths of 1 per

cent if an accuracy of 1 per cent in the final volume is required. If the

measure is not truly circular at the top or bottom, several diameters

in different directions should be measured and the mean taken. The

same is true if the height of the measure is not exactly the same at

all points. If the bottom of the measure is decidedly curved upward

or downward, it would be necessary to compute the volume of that

part separately.
EIGHTH CONFEBENCE OF WEIGHTS AND MEASURES. 193

When measurements by a scale are sufficiently accurate, it is often

convenient to use some of the special gauges made for the purpose of

determining whether the dimensions of a measure are correct within

certain limits, if one knows that the gauge is correctly graduated.

One form of such gauge has scales for different dry units, which when

laid across the top of a cylindrical measure will read off what the

corresponding height of the measure should be in order that the

measure may be correct. The height is then tested by a regular inch

scale on the same gauge.

Another gauge has sets of dimensions for the various dry measures,

such that having found the diameter of a given measure to be a cer- tain amount there is laid off on an adjacent part of the scale what the

corresponding height of a correct measure should be.

A third gauge is made up on a principle similar to that of the slide

rule and is graduated so that the sum of the readings of the diameter

and height of a cyUndrical measure should equal some fixed number

if the measure is correct. It is not easy with this rule to determine

the actual error of a measure, however, unless the gauge is used with

a table showing the amounts of the errors for different combinations

of readings.

It is probable that difficulty would be experienced in court in

trying to establish evidence based on these gauges, however correct

they may be, and it is advisable therefore to use them only for satisfying one's self that a given measure is correct or in error, and to

diepend upon comparisons with a standard by the medium of water

or seeds to estabhsh the evidence.

To summarize, then, the capacity of properly made measures may

be determined to 1 part in 10,000 or even better by careful weighings of the water contained in the measure, making such corrections

as correspond to that degree of accuracy. The method of weighing

the water contained in the measure can also be used to advantage for

less accuracy hy neglecting certain precautions, omitting certain corrections, and using a more rapid or less sensitive balance.

If one has a standard measure one may use it to test other measures

that hold water by pouring from the standard, correctly filled, to the

measure under test, or vice versa. This method is capable of an

accuracy of about 1 part in 500.

For dry measures that will not hold water, a similar test may be

made, using seeds, preferably rapeseed or dried peas, the method

giving an accuracy of from 1 part in 100 to 1 in 400. Finally,

measures may be tested by special gauges or by determination of

their dimensions and a computation made of the volume to an

accuracy of from 1 part in 50 to 1 in 200, depending on the size and

regularity of the measure.

28670°—14 13
194 BUREAU OP STANDARDS.

Table 1.For gallon measures.

[Table of the weight of air-free distilled water contained in a brass gallon measure standard at 4° C. and

of assumed coefficient of cubical expansion of 0.000054 per degree centigrade at each degree of temperature from 1° to 35° C. when weighed in dry air of the same temperature as the water and at a (corrected) barometric pressure of 760 mm. and against brass weights of 8.4 density at 0° C]

Temperature "C.

Weight of water in grams.Rate of change per

degree.

Weight of water in avoirdupois

poim(fe.

Temperature

" C.

Weight of water in grams.

Rate of change per

degree.

Weight of water in avoirdupois

pountfe.

GraTTis, Grams,

1 Oj /oU. 10 O. OiJUO 0.37 0.54

o O. OO40 on o 777 QQ ft 90CC

0.31 0. 58

Q O. QOOO 01 q 777 qi ft 907t; 0.25 0. 62

Q 'jQi no Q 99 CO o. oooy oo Q 77R flQ o, / /D. oy ft 90A0

0. 19 0. 66

r Of loL. £il ft QQfiO 09 q 77fi nq

Of i /O. Uo ft 'iOA'7 0. OZ4/

0. 13 0. 70

Q 7fJ1 A(\ O, 4oL. €U ft QQAft OA 9 77s; 99 0, / /O. 00 ft 9090

0. 07 0. 74

9 7fi1 /4 7

Of iol, 4/ ft QQfi7 OK 9 T7A CO 0, / / 4. Di7 ft 901R

0. 02 0. 77

O 'TQl Jfl o, /oi. 4y O 09f!Q 9 779 QO Of i /o. 8, 3198

o no U. oi

O 7C1 Ati 6, ibl. 4d

_

o. ooo7 Q 779 A1

Of / io. Ui 0. olol n AO u.uy 0. 84 10 3,781.37 8.3365 28 3, 772.17 8.3162

0.14 0.88

11 3,781.23 8.3362 29 3,771.29 8.3143

0. 19 0. 92 12 3,781.04 8.3358 30 3,770.37 8.3122

0.24 0.94

13 3,780.80 8.3352 31 3,769.43 8.3102

0.29 0.98

14 3,780. 51 8. 3346 32 3, 768.45 8.3080

0. 33 1.01

15 3,780. 18 8.3339 33 3,767.44 8.3058

0.37 1.05

16 3,779.81 8.3331 34 3,766.39 8.3035

0. 42 1.07

17 3,779. 39 8.3321 35 3,765.32 8.3011

0. 46

18 3, 778. 93 8.3311 15|C60°F.) 3,779.98 8.3334 0.50

19 3, 778. 43 8.3300 16§(62°F.) 3,779.54 8.3325

0. 54
EIGHTH CONFEEENCE OF WEIGHTS AND MEASURES. 195

Table 2.

For half-bushel measures.

[Table of the weight of air-free distilled water contained in a brass half-bushel measure standard at 4° C. and of assumed coefficient of cubical expansion of 0.000054 per degree centigrade at each degree of temperature from 1° to 35° C. when weighed in dry air of the same temperature as the water and at a

(corrected) barometric pressure of 760 mm. and against brass weights of 8.4 density at 0° C]

Weight of water in grams.

17,595.0

17,596.8

17,598.2

17,599.4

17,600.3

17,600.9

17,601.2

17,601.3

17,601.1

17,600.7

17,600.1

17,599.2

17,598.1

17,596.7

17,595.2

17,593.5

17,591.5

17, 589.

4

Rate of change per

degree.

Grams.

1.8

1.4

1.2

0.9

0.6

0.3

0.1

0.2

0.4

0.6

0.9

1.1

1.4

1.5

1.7

2.0

2.1

2.3

Weight of water in avoirdupois

pounds.

38. 790

38. 794

38. 797

38. 800

38.802

38. 803

38.804

38. 804

38. 804

38. 803

38. 801

38.800

38. 797

38. 794

38. 791

38. 787

38. 783

38. 778

Temperature

° C.

19,

20.

21.

22.

23.

24.

25.

26.

27.

28.

29,

30

31

32

33

34

35

Weight of water in grams.

17,587.1

17,584.5

17,581.8

17,578.9

17,575.9

17,572.6

17,569.2

17,565.6

17,561.8

17,557.9

17,553.8

17,549.5

17,545.1

17,540.6

17,535.9

17,531.0

17,526.0

Rate of change per

Grains.

2.

2.

2.

2.

3.

3.

3.

3.

3.

3.

4.

4.

4.

4.

4.

4.

5.

Weight of water in avoirdupois

pounds.

I
196 BUREAU OF STANDARDS.

Table 3.For liter measures.

[Table of the weight of air-free distilled water contained in a brass liter measure standard at 4° C. and of assumed coefficient of cubical expansion of 0.000054 per degree centigrade at each degree of temperature from 1° to 35° C. when weighed in dry air of the same temperature as the water and at a (corrected) barometric pressure of 760 mm. and a^inst brass weights of 8.4 density at 0* C]

Temperature

° C.

Weignt of water in grams.Rate of change per

degree.

Weight of water in avoirdupois

pounds.

1 emperature

" C.

Weight of water in grams.Rate of change per

degree.

Weight of water in avoirdupois

pounds.

1 998.63 2.2016

Ci in ft 1 ^ 2 993.73 2.2018 19 998.18 2.2006

(\ AS U. UO ft 1 Ot XtJ 3 998.81 2.2020 20 998.03 2.2003

rt 07 ft 4 998.88 2.2021 21 997.88 2. 1999

u. ft 1A

5 998.93 2.2023 22 . 997. 72 2.1996

ft 1ft o. xo 6 998.96 2. 2023 23 997.54 2. 1992

u. ft 1ft 7 998.98 2.2024 24 997. 36 2. 1988

U* UJ. ft 9t\ g 998.99 2.2021 25 997. 16 2. 1984

(\ ni u. Ul 0.20 9 998.98 2.2024 26 996.96 2.1979 0.03 0.22

10 998.95 2.2023 27 996.74 2.1974 0.03 0.22 U 998.92 2. 2022 28 996. 52 2.1970 0.06 0.23 12 998.86 2.2021 29 996.29 2.1964 0.06 0.24 13 998.80 2.2020 30 996.05 2.1959 0.07 0.25

14 998.73 2.2018 31 995.80 2.1954

0.09 0.26

15 998.64 2.2016 32 995.54 2.1948 0.10 0.27

16 998.54 2.2014 33 995.27 2.1942

0.11 0.27 17 998.43 2.2012 34 995.00 2.1936 0.12 0.29

18 998.31 2.2009 35 994.71 2.1930

0.13
EIGHTH CONFEBENCE OP WEIGHTS AND MEASURES. 197

Table 4.

For cubic-foot bottles.

[Table of the weight of air-free distilled water contained in a brass cubic-foot bottle standard at ''6.67' C.

(62° V.) and of assumed coefficient of cubical expansion of 0.000054 per degree centigrade at each degree

of temperature from 16° to35° C. when weighed in dry air of the same temperature as the water and at a

(corrected) barometric pressure of 760 mm. and against brass weights of 8.4 density at 0° C]

Teini)er- ature °C.

Weight of water in grams.Rate of change per

degree.

W OigUt/ UI water in aV oiru UUUlb pounds.

Temperature

° C.

Weight of water in grams.Rate of change per

degree.

VV UigllL Ul water in

<lVUilUUpOJS

pouncfe.

15 28,258.4

28,255.6

28,252.5

28,249.1

28,245.3

28,241.3

28,236.9

28,232.3

28,227.3

28,222.1

Grams.

62.300 Grams.

16

2.8

62. 293 27 28,204.8

28, 198.

5

28,191.9

28,185.1

28,178.0

6.0

62.181

17

3.

1

62,286 28

6.3 62.167

18

3.4

62. 279 29 6.6

62.153

19

3.8

62. 270 30

6.8 62.137

20

4.0

62. 261 31

7.1 62.122

21

4.4

62. 252 32 28,170.7

28, 163.

1

28,155.3

28,147.3

7.3 62.106

22

4.6 62.242 33 7.6 62.089

23

5.0

62. 231 34 7.8

62.072

24

5.2

62.219 35 8.062.064

5.6

25 28,216.6 62.207 15{(60°F.) 28, 256.

9

62.296

6.8

26 28,210.8 62.194 16f(62°F.) 28, 253.

6

62.288

6.0
198 BUREAU OP STANDARDS.

Table 5.Far liquid measures.

[Weight of air-free distilled water contained in brass liquid measures standard at 4° C. and of assumed

coeflScient of cubical expansion of 0.000054 per degree centigrade at each degree of temperature from 1° to 35° C. when weighed in dry air of the same temperature as the water and at a (corrected) barometric

pressure of 760 mm. and against brass weights of 8.4 density at 0° C]

Temperature ° C. Two quarts. One quart. One pint. Half pint. One giU.

Grams. GvaTfis. Grams. Grams. Grams.

1 1, 890. 07 945.04 472.52 236. 26 118. 13 2 . 1, 890. 26 945. 13 472.57 236.28 118. 14 3 . . 1, 890. 42 945.21 472.60 236.30 118 15

4 1,890.54 945.27 472.64 236.32 118.16

5 1,890. 64 945.32 472. 66 236.33 118.16

6 1, 890. 70 945.35 472.68 236.34 118. 17

7 1, 890. 74 945. 37 472. 68 236. 34 118. 17 8 1,890.75 945.37 472.69 236.34 118 17

9 1,890.73 945.36 472.68 236.34 lis! 17

1, 890. 68 945.34 472. 67 236. 34 118. 17

11 1, 890. 61 945.31 472.65 236.33 118. 16

12 1, 890. 52 945.26 472.63 236.31 lis] 16

13 1,890. 40 945.20 472. 60 236.30 118 15 14 1,890.26 945. 13 472.56 236. 28 lis! 14

1, 890. 09 945.05 472. 52 236.26 118. 13

16 1, 889. 90 944. 95 472. 48 236.24 118. 12 17 1,889. 70 944.85 472.42 2361 21 118. 11 18 1,889.47 944. 73 472. 37 236. 18 118.09

19 1,889.22 944.61 472.30 236.15 118.08

1,888.95 944. 47 472. 24 236. 12 118.06

1,888.65 944.33 472. 16 236.08 118.04 22 1,888.34 944.17 472.09 236.04 118.02 23 1,888. 01 944.01 472.00 236.00 118.00 24 1,887.66 943.83 471. 92 235.96 117.98

25 1,887.30 943.65 471. 82 235.91 117.96

26 1,886.91 943.45 471.73 235.86 117.93 27 1,886.50 943.25 471.63 235.81 117.91 28 1,886.08 943.04 471.52 235.76 117.88 29 1,885.64 942. 82 471.41 235.71 117.85 30 1,885.19 942.59 471.30 235.65 117.82

31 1,884. 71 942.36 471. 18 235.59 117.79 32 1,884.22 842. 11 471.06 235.53 117.76 33 1,883.72 941.86 470.93 235.46 117.73 34 1,883.20 941.60 470.80 235.40 117.70

35 1,882.66 941.33 470.67 235.33 117.67

15| (60° F.) 1, 889. 99 945.00 472.50 236.25 118. 12

16§ (62° F.) 1,889. 77 944. 88 472.44 236. 22 118.11
EIGHTH CONFEBENCE OF WEIGHTS AND MEASURES. 199

Table 6.

Fofr dry measures.

[Weight of air-free distilled water contained in brass dry measures standard at 4° C. and of assumed coefBcient of cubical expansion of 0.000054 per degree centigrade at each degree of temperature from 1° to 35°

C. when weighed in dry air of the same temperature as the water and at a (corrected) barometric pres- sure of 760 mm. and against brass weights of 8.4 density at 0° C]

Temperature °C. One peck. Half peck. Onartpr

peek. One quart. One pint. Half pint.

Grams. Orams. Grams. Orams. Grams. Grams.

1 8, 797.

5

4,398.8 2, 199.4 1,099. o9 549. 84 274. 92 2 8, 798.

4

4, 399.

2

2, 199.

6

1,099. oO 549. 90 274. 95

3 8,799.

1

4, 399.

6

2, 199.

8

1,099. 89 549. 94 274. 97 4 8,799.7 4,399.8 2,199.9 1,099. 96 549.98 274. 99 5 8,800.1 4,400.1 2,200.0 1,100.02 550. 01 275.00

6 8, 800.

4

4, 400.

2

2, 200.

1

1 , 100. Oo 550. 03 At 275. 01

7 8,800. D 4, 400.

3

Z, JOU. Z 1, 100. Oo 550.04 2iO.\J2 8 8, bOO. 4, 400.

3

2, JOO. 2

"1 1 AA AO

1, 100. Oo 550.04 275. 02

9 8,800.6 4,400.3 2,200.1 1,100.07 550.04 275.02

8,800.4 4, 400.

2

2,200.1 1,100.04 550.02 275.01

11 0, 800. 4, 400. 2,200.0 1 1 AA AA 1,100.00 550.00 275.00

12 0, 799.

D

4,399.8 2, 199.

9

1 AAA A C l,09y. 95 549. 97 274. 99

13 8,799.0 4, 399.

5

2, 199,

8

1 AAA oo 1,099.88 549. 94 274. 97

14 8, 798.

4

4,399.2 2, 199.

6

1,099. 80 549.90 274.95

15 8,797.6 4,398.8 2, 199.

4

1,099.70 549.85 274.92

16 8, 796.

7

4, 398.

4

2, 199.

2

1 AAA PA 1,099. 59 549.80 274. 90

17 8,795.8 4, 397.

9

2, 198.

9

1 AAA A

1

1 , 099. 47 549. 73 274. 87

18 8, 794.

7

4, 397.

3

2, 198.

7

1 AAA O A 1,099. 34 549. 67 274.83

19 8,793.5 4,396.8 2, 198.

4

1,099.19 549.59 274.80 20 8, 792.

3

4, 396.

1

2, 198.

1

1, 099. 03 549. 52 274. 76

21 8,790.9 4,395.5 2,197.7 1,098.86 549.43 274.72

22 8,789.5 4,394.7 2,197.4 1,098.68 549.34 274.67

23 8,787.9 4,394.0 2,197.0 1,098.49 549.24 274.62

24 8,786.3 4,393.2 2,196.6 1,098.29 549. 14 274.57

25 8,784.6 4,392.3 2, 196.

1

1,098.07 549.04 . 274.52

26 8,782.8 4,391.4 2,195.7 1,097.85 548. 92 274.46

27 8, 780.

9

4,390.5 2, 195.

2

1,097. 61 548. 81 274.40

28 8,778.9 4,389.5 2,194.7 1,097.37 548.68 274.34

29 8,776.9 4,388.4 2,194.2 1,097.11 548.56 274.28

30 8,774.8 4,387.4 2,193.7 1,096.85 548.42 274.21

31 8,772.6 4,386.3 2,193.1 1,096.57 548.28 274.14

32 8,770.3 4,385.1 2, 192.

6

1,096. 29 548. 14 274.07

33 8, 767.

9

4,384.0 2,192.0 1,095. 99 548.00 274.00

34 8,765.5 4,382.8 2,191.4 1,095.69 547.84 273.92

35 8,763.0 4,381.5 2,190.8 1,095.38 547.69 273.84

DISCUSSION.

Mr. WooLLET. Mr. Chairman, I would ask Mr. Femer if from his

investigations and examination of seeds best suited for the proper

testing of dry measures, he feels that rape seed is the proper seed for

practical sealers to use in measuring.

Mr. Ferner. I see no reason why it is not.

Mr. WooLLET. More so than others that you have mentioned ? Mr. Ferner. I think so; very much better than flaxseed. It

might be that peas or beans would be nearly as good, especially advisable, perhaps, for larger measures. The rape seed is especially

adaptable to the small measures, where you want to get a little better

accuracy.

Mr. WooLLET. The reason I ask this question is that in Boston we

have many inquiries from the different sealers, and I know they all
200 BUREAU OF STANDARDS.

use different seeds. I thought perhaps it would be well at this time

to ask that question, so that possibly we might use the same seed.

Mr. Ferneb. The rape seed is very nearly round; it packs more

uniformly in filling, gives less trouble in shaking the measure, and

does not have the troubles foxmd with other seeds.

Mr. WooLLEY. Thank you, sir.

Mr. Clark. Mr. Chairman, may I ask the gentleman if he experimented with split peas ? Mr. Ferner. No, I did not; I avoided that because I feared that

they might have the same trouble that we have in the case of flaxseed; that is, having flat surfaces, there would be that slipping and

packing effect. They would be more in the class of flaxseed, but

probably not as bad as flaxseed.

Mr. Clark. How does the cost of rape seed compare with, that of

peas?

Mr. Ferner. The cost of the seed is about the same as that of peas,

I should say; possibly a little cheaper. It could be used as well;

except, of course, with a btishel basket where you have woven parts,

where it could get between the parts.

BEPOBT OF THE SPECIAL COMMITTEE ON RESOLUTIONS.

Mr. Smith. Mr. Chairman, I would like at this time to present the

report of the special committee on resolutions.

On behalf of the committee I wish to thank Mr. Thompson for the

very valuable aid he has given us in a legal manner. This is a resolution which the conference directed to be framed regarding uniformity

in the sale of dry commodities.

Eighth Annual Confeeence on Weights and Measuees,

Washington, D. C, May 16, 1913. Whereas, a review of the laws and statutes of the different States reveals a lack of uniformity in respect to the sale of commodities by dry measure and bushel weights,

such laws or statutes specifying various legal weights for the dry measures of differ- ent volumes, according to the conditions which seem to prevail in the different

localities; and

Whereas, there appears to be a growing desire and necessity for the abolition of what

might be called a dual system in that respect; and

Whereas, the abolition of such conditions would be beneficial to both the buyer and

the seller, and would have the result of establishing a uniform basis of trade in such

commodities in all of the States of the Union; now, therefore, be it Resolved by the Eighth Annual Conference on Weights and Measures of the United

States in conference assembled in Washington, D. C, May 14 to 17, 1913, inclusive, That

this conference recommend to the Congress of the United States and to the individual

States the abolition of such a practice as now prevails, by sending a copy of this reso- lution to the President of the United States, the President of the United States Senate, the Speaker of the House of Kepresentatives, and the governor of each of the

States, specifically asking that all laws specifying legal bushel weights or legal weights

for other dry measures of all volumes be repealed and such laws be enacted as will

insure the sale of all commodities usually so sold on a basis of weight or numerical

count only.

The Acting Chairman. You have heard the report of the committee. What will you do with it ? Mr. Kelley. Mr. Chairman, I move that the report be accepted

and the recommendation adopted.

(The motion was seconded.)
EIGHTH CONFERENCE OP WEIGHTS AND MEASURES. 201

Mr. Wallenmetee. Mr. Chairman, I would move as an amendment

that this be sent to the Senators and Congressmen. It is very

important that they should know what we are doing.

(The motion was seconded and the amendment was agreed to.)

The Acting Chairman. The question is on the report as amended.

(The question was taken, and the report was adopted.)

Mr. Schwartz. Mr. Chairman, I think it would be a good idea to

have copies given to each member of this conference to take home

and give to the newspapers, so as to get them before the public;

also for any man who can reach a Congressman or Senator to take

up the matter personally

.

Mr. Fine. Mr. Chairman, I think this is a good idea. Perhaps it

will be a difficult matter for the secretary of this conference to give us copies to-day or to-morrow, but I beheve that some method

ought to be adopted by this conference to send a copy to each one of

the delegates who are here as soon as possible. I would make that

as a motion—that this conference should send a copy to each one of

the delegates—^if it is in order to do so; if not, I will make it as a

suggestion.

Mr. Clark. Mr. Chairman, it seems to me aU that is necessary is

to have each State delegate supphed with one copy; then when he

gets back he can have his department mail one to every sealer. I

intend to do that when I get back from Washington. A copy of this

will be in the hands of every sealer in the State of Massachusetts

within one week, with the request that they notify their papers and

the officials of the cities and towns.

Mr. Keach. May I inquire if there is anything to finance this at

all ? Now, this body that we have here has no treasurer. If we are going into this in detail for the whole United States, it is going to

cost some money, and I think we ought to organize into a corporation

or society, and each one of us have dues to pay—every man that

belongs to the conference.

The Secretary, A committee has been appointed, Mr. Keach, to

draw up a constitution and by-laws. They will report later and they

iQtend to provide for that.

Mr. Keach. Would it not be a good idea, then, to make an amendment, so that we may put the onus upon the Government bureau

here, and they then can get it franked by having it made a Government document, and then the Congressmen can frank it to all

their constituents ? The Secretary. Just what is it that you want ? Do you want to

know whether we can have that resolution printed and sent out ? Mr. Keach. Yes; and who is going to pay for it. The Secretary. I doubt very much if we could do it as a separate

document. We could have it incorporated in our conference report,

but I doubt very much if we could do the other.

The Acting Chairman. Has this organization any funds ? The Secretary. No funds at all. Mr. Fine. May I ask when the minutes will be printed ? The Secretary. Not for three months at least.
202 BUEEAU OF STANDAEDS.

Mr. Fine. Can we not get permission from some Congressman for

leave to print, and have this printed and make it a document of the

Government, so that it can be franked to all Congressmen all over the

country ? The Seceetary. I do not see any chance of that at the present

time. It may be done later.

Mr. Radcliffe. Why not give this to the papers, and let each man

take the paper in the morning and cut it out of the paper ? Use the

newspapers; that is the way to do business.

Mr. Smith. Mr. Chairman, I have another resolution which I would

like to present as a part of the work of the committee.

It was brought to our attention that a certain part of the Underwood tariff bul contained the duties upon dry commodities based

upon bushel weights, and in view of that fact the committee wished

me to offer this resolution:

Whereas the present tariff bill, known as the Underwood bill, now pending before

Congress, in Schedule G, specifies the duties on certain commodities of State and

interstate and international trade that are usually sold on the bushel-weight basis; and

Whereas this Eighth Annual Conference on the Weights and Measures of the United

States has this 16th day of May, 1913, passed a resolution directed to the Federal

Government and to the government of the different States of the Union, asking

that the sale of such commodities be by weight or numerical count; now, therefore,

be it Resolved, That this conference recommend to the President of the United States and to the Congress of the United States now assembled that all reference in such

schedule in the Underwood bill to the laying of duties on commodities usually sold on a legal bushel-weight basis be made to apply to such commodities on the basis

of weight only, and all reference to specified weights per bushel of the different commodities be eliminated.

A Delegate. Mr. Chairman, I move the adoption of this resolution.

Mr. Keach. I second the motion; and as it is now open for discussion, I should hke to ask whether the gentleman has referred to

the other part of it, which in that same clause of the Underwood

bill says that a foreign countrj^ shall not have the benefit of the tolerance, if any, the allowance, if any, or the demurrage fee, if any,

where it goes through the customhouse. It is only people in interstate traffic; it shuts out Canada, England, and all other countries.

Therefore, I do not know whether that would apply or not. It

would not have any effect, I think, because they would not get any

tolerance on anything, if there was to be a tolerance. If we passed

anything for our own people, no foreign country would get it imder

the Underwood biU.

The Acting Chairman. Is there any other discussion of this ? Mr. Goodwin. Mr. Chairman, I think we should recognize the legal

ability of this gentleman from New York regarding this matter. It

seems to me that if it will conflict with foreign commerce we should

eliminate that clause. This is to reg;ulate first interstate commerce

between ourselves, as I understand it; and I question whether we

have the right to go further. Therefore, I think it would be well to

eliminate foreign nations from this resolution.

Mr. Keach. There were two words in that resolution that I think

ought to be left out. If you wUl read that resolution over again, I

will criticize it after that.
EIGHTH CONFEEENCE OF WEIGHTS AND MEASURES. 203

Mr. Smith (reading):

Whereas the present tariff bill, known as the Underwood bill, now pending before

Congress, in Schedule G, specifies duties on certain commodities of the State and

interstate and international trade that are usually sold on the bushel-weight basis • Mr. Keach. I would strike out the word "international." And

then there are two other words after you get along a little farther,

I think.

Mr. Smith (continuing to read)

And whereas this Eighth Annual Conference on the Weights and Measures of the

United States has this 16th day of May, 1913, passed a resolution directed to the

Federal Government and to the government of the different States of the Union,

asking that the sale of such commodities be by weight or numerical count; now,

therefore, be it resolved that this conference recommend to the President of the

United States and to the Congress of the United States now assembled that all refer- ence in such schedule in the Underwood bill to the laying of duties on commoditiea

usually sold on a legal bushel-weight basis be made to apply to such commodities on

the basis of weight only, and all reference to specified weights per bushel of the differ- ent commoditiea be eliminated.

Mr. Keach. If you strike out the word "international" then I

have no objection.

Mr. Thompson. Mr. Chairman, may I be permitted to offer the

suggestion that in the first part of the resolution offered here, specifying the commodities that enter into State, interstate, or international

trade, the specification was merely to define the commodity, coupling

that with the idea that those were the commodities usually sold on

the bushel-weight basis; not for the purpose of saying that we were

to interfere in any way with any interstate trade? We do not care what any other nation does in relation to this Underwood bill, if they

derive no benefit from this portion of Schedule G of this bill. Mr. Keach. But in regard to the word "international"—if the

Congress of the United States passed a law that attempted to legislate for Canada, you all know that would be extraterritorial and nonobligant. The State of Massachusetts can not pass a law for the

District of Columbia. Neither can my State of New York pass a

law that reaches over into Massachusetts to govern them civilly,

conunerciaUy, criminally, or in any other manner. It is extraterritorial and nonobhgant. Each one stands on Ids own footing, and the

Government above aU; and this being under the Constitution of the

United States, ingrafted from the original Articles of Confederation,

which were adopted by more than two-thirds of all States, of course

it can not be changed unless we change the United States Constitution, wliich, of course, we are not going to do. I move to strike out

the word "international"—not "mterstate," of course, but "international."

Mr. Smith. I would hke to call the attention of the gentleman from

New York again to that particular paragraph. It specifies duties on

certaia commodities of State, interstate, and international trade that

are usually sold on a bushel weight basis. As I understand it, the

"international" simply defines what commodities are sold, and the

idea of the resolution does not in any way affect international trade.

Mr. Keach. No, no ; it is ambiguous, and would be so construed

by cunning lawyers and might make you a lot of trouble. We do not
204 BUREAU OF STANDARDS.

care what England, France, Germany, or other countries do as to

weights and measures or anything else; but when they come here to our land they must obey our laws, of course. Now, make it definite

enough for the United States only; leave out the word "international" entirely. It occurs twice, I think, in your resolution.

The Acting Chairman. Do you care to accept that suggestion ? Mr. Smith. Was the motion made ? The Acting Chairman. Yes; you made the original motion, and

it was seconded. An amendment was proposed, but this has not been

seconded.

A Delegate. I wiU second it. The question was taken on the amendment, and the motion to

amend was lost.

The Acting Chairman. Now the original motion is before you.

The question was taken and the resolution was adopted.

ELECTION OF OFFICERS.

Mr. Schwartz. Jklr. President, your committee on nominations beg

leave to report at this time that after going carefully over this question they recommend the following nominations for officers of this

conference for the ensuing year: For president, Dr. S. W. Stratton,

of the bureau; for vice president, Mr. William L. Waldron, of New

Jersey; for secretary, IVIr. Louis A. Fischer, of the bureau; for treasurer, Mr. Charles C. Neale, of IMinnesota.

As the resolution passed this morning increased the number on the

executive committee by three, the following nominations are reported

for that committee, in addition to the officers already named, who

are ex-officio members of that committee: Mr. H. H. Henry, of Verment; Mr. J. T. WiUett, of Indiana; ]\Ir. O. Evans MikeseU, of Pennsylvania; Mr. Fred C. Downing, of Wisconsin; Mr. A. W. Rinehart,

of Washington; Mr. John L. Walsh, of New York City; Mr. Fred C.

Albrecht, of Ohio; Mr. W. F. Hand, of Mississippi.

We have endeavored to cover the entire United States as well as we could and to get as good a representation from the different sec- tions as possible.

Mr. Maroney. Mr. Secretary, I move you, sir, that our presiding

officer cast the unanimous ballot of this convention for the officers as presented by the nominating committee.

The motion was seconded and agreed to.

SEALS AND THE METHODS OF SEALING.

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

Gentlemen, before I proceed to the subject in hand, let me tell you

that I appreciate your action in creating the new office of treasurer

for me and inform you that I am now officially ready to receive the

"mazuma"; but, let me also inform you that I am already paying

a premium on a $10,000 bond, and I am somewhat fearfid of paying

any more premium.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 205

The matter of seals and the diflFerent forms and methods of sealing

is perhaps one of the most perplexing things in the whole subject of

weights and meeisures for the sealer to handle. In the exhibit here,

gathered from 40 cities, counties, and States (there are 41 cards, but 2

are duplicates), we find that 9 out of the 40 use the practice of applying a metal seal or tag only; 19 use either a metal seal or a sticker of

some kind; and 12 use labels only. Now, I presume that if there is

any class of men engaged in any kind of busmess who are jealous of

their individual efforts, it is the people in the weights and measures

business in all that pertains to their work of testing and marking

that is, sealing—and of the different types of seals displayed here

this afternoon it would not be easy to change many of them, because

the legal status of many of them, as far as design is concerned, is

decided by ordinance, State law, or whatever the law may be. Hence

I do not think it is the object of this particular discussion to try to

reconcile or make imiform the different methods of sealing.

The seal as applied to weighing and measuring equipment has a

peculiar significance. It is the official mark, of which the sealer himself has the right to be proud. It is the indication to the public, who

are the ultimate people to be benefited, that the sealer has done his

duty, and to the honest merchant is a safeguard in his business.

I might say that of the many seals that we received it was rather

difficult to formulate something which would tell the story in a small

compass. It was done in this way, first, we considered the scales

what is usually done to the scales by the inspector. He tests them

and finds them correct, and so marks them, and we have a class of

correct scales. He finds them incorrect, in which case there are two

things that happen. He marks them suitably, as rejected for re- pairs—that is, scales that can be repaired or at least possibly can be

repaired—or he puts a condemnation tag on scales that can not be

repaired. Personally, while Minnesota has a condemnation tag, I

do not see much use for it for this reason : Scales which are not suitable for commercial purposes should be destroyed, gotten out of the

way, and not given even the compliment of a condemnation tag.

However, I realize that in the case of a wagon scale or other large

scale it would be rather a hard task to take an a-x and break it up.

Hence perhaps the need of some mark for condemnation purposes.

I will now take up some of the peculiarities of these types of sealing

devices and demonstrate from where some of our troubles in Minnesota have come. Personally I am in favor of a distmctive metal seal

largely because of its conspicuousness and, also, perhaps, because it

jartakes more of the character of official work than the sticker or

abel alone. However, we have found in the practical use of these

sase-metal seals that with many types of scales it is practically impossible to keep a seal of this character [indicating] on the scale. Boys

and meddlesome people will twist them off and leave the scale without

any tangible mark that the work was done. I admit that the label is

much cheaper and, I might say for our family benefit here, that the

best we can buy these seals for is $6.75 per thousand on competitive

bid. So, while I personally am in favor of some distinctive mark of

this sort, it would seem that it should be aflBxed more firmly than we
206 BUREAU OF STANDARDS.

have thus far done by means of the flimsy wire that does not seem to serve the whole purpose. This has reference to the ordinary sealing

wire attached to a seal slug.

I observe one type here which has a means of fastening the seal

which seems to be very secure. It is used for ice scales. I appreciate that on a beautiful $200 computing scale it would not look well

perhaps to have a big cumbersome thing of that kind. But I find over here, in the State of New York exhibit, something automatically locking, designed to fix and hold the seal to the scale, and which

is neat and secure, but is possibly too expensive for general use. Remember now, I am giving no advice; because, as I said before,

many of you weights and measures oflacials who use these different

forms of seals have them determined for you by your own laws, and

have reason to be satisfied with your own methods as long as good

results are obtained. I say, regarding the expense, that imdoubtedly

this kind of a seal, that is the metal tag, runs into considerable

money; and in our own case, having provided the means of sealing

for possibly 95,000 scales, it means about $650 invested in that alone.

There is one more objection, however, to the loose, hanging seal

which I would like particularly to point out. That is the impossibility of fixing that type of seal to many types of scales. Our drug

stores ordmarily are e(juipped with the even arm delicate balance

encased in a case or shield, and there is nothing to which to attach

the seal. This is, alas, true of shielded butter scales, personal street

scales, and scales of many types. You find also that on the ice

scales, unless they are affixed by some heavy means, the light metal

seals will not stay on. Hence, I believe it wiU have to resolve itself,

for the ice scales and the other scales that wiU not bear a seal, to

either the label or the sealing die.

Referring to the sealing die: I wUl ask you for just a moment to

look at this piece of wood [indicating] made to represent a yard stick.

Here is a type, showing the name of the man who approved it, and

the date thereof, on various places, used for the purpose of sealing

linear measures. I have learned something about Imear measures

since attending this convention, and I found among the manufacturers' exhibits something that I did not know existed. However,

casting about for some suitable tack to take care of the thousand

measures in our State, we finally fastened upon this No. 6 gilt tack,

which is not very much used at the present tune for upholstery work.

Thus far we have had to seal our measures with the official mark of

our inspector, as many others perhaps have done, and use the die

to show the insignia of sealing. We have found that very unsatisfactory. In hard wood it mashes up the wood in continual sealing,

and you have no chance of making additions to your sealing mark.

But just before coming away, inasmuch as our own State has all

through its work followed the scheme of a triangle, we had designed

a little thing of that kind [indicating]. Now, this is not the tack,

remember; it is the sealing mark. This "5" indicates the fifth

month—"Minnesota, 1913." Now, it happens that great minds

run in the same channels, and when I met Mr. Downing on the train

coming from Chicago, on our way to this convention, I discovered
EIGHTH CONFEBENCE OF WEIGHTS AND MEASURES. 207

that Wisconsin had at the same time designed a circular mark for

the same purpose. In our big stores in Minneapolis and St. Paul

the merchants are very proud of something to show the public that

that work has been done, and that their measures have an official

appearance. They were not satisfied—and, indeed, neither were we

satisfied—with this rather obscure mark—that is, the steel die mark

even if we ignore the chewing-up operation at the counters; and I

believe that some distinctive mark that the sealers could date from

year to year, if the seal is to bear a date, woxild be a very great improvement over the use of the die. There are, as you know, some

very beautiful counters—plate-glass, metal-bound, etc.—and the

die leaves a very unsatisfactory mark; and I believe that along that

line the merchant in general, if he be the right kind of merchant, is

practically as proud of the weights and measures officials' mark of

correctness as the weights and measures official is himself.

This card indicates the Minnesota method of sealing used for

basket manufactories, the manufacturers making baskets tmder

State specifications, and having a serial number. You might think

that quite unnecessary, but remember in the State of Minnesota we

are working under a rather stiff s;^stem, which means that every

time that a light, fragile container is handled as a bushel—and we

were still working imder bushels imtil April 26—it would have to

be tried out, calibrated and marked at a minimum price of 2^ cents

apiece in blocks of 50. However, the commission took the bull

by the horns, so to speak, and said, "Here, we will have our manufacturers who make those baskets for bushel use in Minnesota have the

capacity shown, have their name printed thereon, and have samples

on file in the department, which the manufacturers must duplicate

in their factory output, as per their agreement with the State Department of Weights and Measures."

This [indicating] illustrates the method of marking ice-cream containers "Fnied to the top." Perhaps some weights and measures

officials wiU say that the ordinary paper ice-cream container should

not be a measure. Now, the way I figure that out is this: I go into

your store and say, "I want a quart of ice cream." In order to

keep whoUy within the law, you have got to go through this operation:

Take your sealed measure, fill it full of ice cream, and then dump it

out of that sealed measure into the paper carrier. The operation

has been tedious; it has taken time, not to speak of the insanitary

intermediate measure. So we figured out a plan of having marked

containers, with the factory behind them, contracting with the State

that they would make them as per the submitted sample. It means,

then, that the ice-cream container becomes a measure in itself; it

expedites the work of the merchant, and you get your commodity

immediately in a nice, clean container. I took that matter up with

Mr. Fischer; and, in fact, to show you how anxious we all are in the

supervisory work of weights and measures to reach for something

that we have not got ourselves, certain manufacturers of paila had

marked on them "Approved by the United States Bureau of Standards." So I said, "Fortunate indeed; if that is approved by the

bureau it is good enough for Minnesota." I wrote, however, to Mr.
208 BUREAU OF STANDARDS.

Fischer for a verification of the statement. He wrote back and said

that officially it had no status. It caused quite a bit of commotion

among our eight or ten big distributors in the State of Minnesota,

who had believed that the Bureau of Standards was behind the accu- racy of the containers as the label stated. However, they were very

glad of the opportunity of raising that carrier to the status of a legal

measure, and the manufacturers are, of course, complying with their

request, because the manufacturer has to comply with the request of

the distributor.

Now, I do not suppose that it would be policy to try to describe

the different cards here in detail, and I coulci not do so. A word will

suffice as to the general scheme. Measures are divided into dry,

liquid, and linear; sealed, rejected—that is, if they can be repaired

or confiscated. The same things, of course, , ol)tain with weights;

they are sealed, rejected for repairs, or confiscated. I would say,

furthermore, for the gentlemen who have helped me to make this

exhibit, that there are certain blanks appearing here, and on the back

of these cards are the original letters from the gentlemen who have

so kindly helped us. Now, the blanks that appear mean this—that

we could not clearly understand the particular means of applying

the different seals in their respective places; and it would be appreciated—although I do not suppose you wiU have time—if any of

you gentlemen see any errors here, if you would call attention to

them.

DISCUSSION.

Mr. WuLFSON. Where is that red card from?

Mr. Neale. That is conspicuous, I admit. That is from the State

of Kansas, furnished by o\ir good friend, Mr. Stimpson, who is not

here.

Here is another matter. This is our means of taking care of weights

that a sealer can not immediately correct. In that event, if our man

has his heavy equipment with him, or if it is not convenient to get

to a local place where they can be prepared for proper adjustment,

those weights that are faulty are sealea up in an envelope, as shown

on this card, which speaks for itseff; and it is up to the merchant

then to get them adjusted.

Mr. Fine. Take that expensive seal there, which you said cost

about S750 to purchase; how is the city going to buy them?

Mr. Neale. I appreciate that difficulty, sir. The label, of course,

does serve the purpose; but I have heard many sealers experienced

in the work claim that the label does not stay on well; and in my

own experience, the merchants in our State have been trained to

look for these marks, and they seem to take pride in seeing a loosely

attached metal seal. It is a question which all this array of carcfa

perhaps will not solve; but it has greatly helped me, with the help

of the gentlemen who have kindly contributed to it. Mr. Wallenmeter. Mr. Chairman, I move that the secretary of

this conference be instructed to send a request to all manufacturers

of computing scales, or those with whom he can get in touch, to provide on their scales a means of attachment for the seal. We have a
EIGHTH CONFEBENCE OF WEIGHTS AND MEASURES. 209

great deal of trouble in attaching the seal. I know from what I have

heard from the various representatives of computing-scale companies, at least the leading companies, that they wiil provide a little

sUde that can be soldered on so that the seal can be slipped through.

Mr. Neale. I second the motion, Mr. Chairman. I would say that

I had that in mind—that when the tolerance and specification committee put in their report that should be provided.

The Acting Chairman. The motion is that the secretary put

himself in communication with the manufacturers of computing

scales, asking them to place on their scales a device for tne attachment of the seal. Is there any discussion ? Mr. Radcliffe. Mr. Chairman, I notice in going about and test- ing these scales that the seal is put so low that children can get hold

of it and twist it off. Now, if there is a loop or hole put in some

part of the mechanism of the machine at the top, where the children

can not get at it—grown people do not take them off; it is the child- ren—and then put a wire through and fasten the seal on, I think

that will solve the problem.

Mr. Neale. Mr. Chairman, before the motion is put, I think it

should be made more general, and I think our specification committee could handle the matter by demanding of all manufacturers that

on scales of all makes there shall be a proper means of seahng, be it

a ring or whatever it may be. I think the specification committee

could handle it in that way.

Mr. WuLFSON. Mr. Chairman, I suppose you know there are different types of scales, and on some scales you put a sticking plaster,

and on other scales you put a Httle lead. Now, I am talMng from

experience, and I say, leave this seal proposition where it is. If you

use stickers, you can put a sticker on; if you use hangers, you can

put a hanger on. It is up to you. You will have to have two or

three hooks on every scale, and mark them, "This is for a lead seal,"

and "This is for a sticker," and "This is for something else."

The question was taken, and the motion was agreed to. REPORT OF COMMITTEE ON TOLERANCES AND SPECIFICATIONS.

Presented by Mr. John C. Connors.

The committee respectfully submit the tolerances and specifications which have already been placed in your hands.

During the past two years we have held numerous meetings in

New York, Boston, and Washington, and while our report is not

very bulky, an enormous amount of work has been performed.

In reaching these conclusions we have tried to the best of our

ability to keep in mind the interests of the pubhc, the manufacturer,

and the sealer. We have consulted the existing regulations both

of this country and of foreign countries and we beueve that the regulations which we have presented are fair and just to the three interests involved, also that they are reasonable and can be enforced.

_ The committee wishes to state that in making up these regulations much attention was given to the larger types of scales with

28670°—14 14
210 BUREAU or STANDARDS.

reading faces or dials, such as platform, automatic, and semiautomatic scales for weighing freight, dial attachments on platform scale

beams, etc., but at this time the coromittee is not ready to report

on these types. It is necessary that these be treated as a special

subject and if the conference so desires, this wiU be taken up and

regulations for these types mailed to each member at an early date.

The committee wish to express their thanks for the assistance

rendered by Commissioner Jomi L. Walsh, of New York City, and to

Mr. Holbrook and Mr. Briggs, of the Bureau of Standards

LINEAR MEASURES.

Spedjications.—Measures of length may be graduated in yards,

meters, feet, or inches with customary subdivisions, provided that

nothing in this section shall prevent the subdivision of the Gunter's

chain into links.

Main divisions shall be plainly designated and the length of their

graduation shaU be longer than that of the intermediate subdivisions.

Intermediate subdivisions shall be varied in length that they may

be conveniently read.

Lines shall not be greater in width than one-fom-th of the smallest

subdivision. Provided, however, that in no case shaU the line be

wider than three one-hundreths inch.

All graduations must be spaced umformly and be perpendicular

to the edge of measure. Measures of length may be made of any material whose form or dimensions remain reasonably permanent under normal conditions,

for example, steel, brass, hardwood, etc. Provided, however, that

tapes for commercial purposes may be made of wire-woven cloth.

The ends of wooden measures shall be protected by metal firmly

attached to the measures. Length measures shall be smooth and straight.

No counter tacks shall be allowed.

In States where the law requires tapes to be sealed, the tension,

temperature, method of support, and correction should be stated by

the sealer in a certificate.

On all measures of length except tapes of steel or other metal

the following tolerances shall be allowed:

Length. Toler- ance.

Feet. Inch. 6 3/16

5 5/32

i 1/8 3 3/32 2 1/16

1 1/32

I 1/2 1/64

1 Or less.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES, 211

Tapes of steel or other metal which have errors exceedmg those in

the following table should not be sealed

Length.

Allowable

error. Tension.

Feet. Inch. Pounds.

100 1/4 10 66 3/16 10 SO 1/8 10 33 3/32 10 25 1/16 10 10 1/16 5 6 1/32 5 3

• 1/32 5

LIQUID CAPACITY MEASURES.

(not including graduated glassware.)

Specifications.—Liquid measures must be made strong enough to

withstand ordinary usage without becoming easily bent, indented,

or damaged, and should be made of enamel ware, metal, glass, or

composition.

Liquid measures must be such that the capacity is determined by

a definite edge at the top of the measure, and graduating rings,

except those placed to strengthen the measure, wiU not be allowed.

These reinforcing rings must be so placed that they can not be mistaken for graduation.

The capacity shall be legibly and permanently indicated on the

side of the measure. On enamel and composition measures this

marking shall be of a different color than that of the measure. In a uquid measm-e having a tap, this tap must completely empty

the measure without tilting and when pouring lip is provided the

measme must hold its fuU capacity without the contents running

into the lip.

The following errors are allowable

:

Tolerance. Tolerance.

Measure. Measure. Fluid Cubic Fluid Cubic

ounce. incli. dram. inch.

10-gaUon . .

.

5 9 1-gallon 4 0.9

5-gallon 3 5.4 ^gallon 3 .68 4-gaUon 2 3.6 1-quart ,

.

2 .45 3-gaUon 2 3.6 1-pint 1.5 .34 2-gallon 1 1.8 J-pint 1 .22

l-gill 1 .22

MEASURING PUMPS.

Specifications.—All stops, where there are such, should be so arranged that they can be sealed in such a manner that the stops

can not be changed without destroying the seal.
212 BUREAU OF STANDARDS.

The amounts delivered shall be correct within the tolerances specified for liquid measures. The amounts delivered shall be correct irrespective of the speed

with which it may be operated or whether it has been unused for any

length of time.

DRY CAPACITY MEASURES.

Specifications.—Dry capacity measures must be made of metal,

well-dried wood or composition and must be strong enough to stand

the use to which they are subjected without materially changing

their shape or becoming indented.

All dry measures up to and including one-half bushel shall be

cylindrical and circular in cross-section: Provided, however, That

measures may be used if the diameter of the top is not more than 10

per cent greater than that of the bottom diameter. In no case must

the top diameter be less than that of the bottom.

The bottoms must be flat and perpendicular to the axis of the

measure: Provided, however, That for strengthening purposes the

bottoms of metal measures may be shghtly corrugated. These

corrugations may be straight or radial but not concentric.

Wooden measures above 1 pint shall have a metal band around

the top.

Measures of 1 bushel and over must be equipped with handles.

Baskets used as measures shall not be less than one-half bushel

capacity.

The capacity of the measure shall be defined by the top rim.

Containers which are not of the capacity of a bushel, its multiples, or its binary subdivisions shall not be used as measures. The capacity shall be plainly marked on the side and shall be preceded by the word "Dry" in the case of the quart, pint, and half

pint. The letters shall be at least one-half inch high and one-fourth

inch wide.

Double capacity measures or measures with one end used for one

capacity and the other for a different capacity shall not be used.

Measures for measuring dry commodities shall have the following

minimum diameters:

Measure. Minimum

diameter.

i bushel

1 peck

1 peck

2 quarts

1 quart

1 pint

Inches.

1058|

6|5i

4
EIGHTH CONFEEENCE OF WEIGHTS AND MEASURES.

The following errors are allowable

:

213

Measure. Tolerance.

1 bushel.

.

§ bushel.

.

1 peck

1 peck

2 quarts

1 quart...

1 pint

i pint

i pint

Cubic

inches 25.0

IS.O 8.0 5.0

2.5

1.5 1.0

.5.25

Double these errors should be allowable for baskets used in the

sale of berries and small fruits.

SCALES.

GBNEEAL SPECIFICATIONS. Where the scale is not equipped with a full capacity beam or reading face, which together with beam or ruamer indicates the capacity,

the maximum capacity must be clearly and permanently placed on

the scale where it can be easily seen. The construction of aU scales must be such that they wiU bear the

maximum capacity without perceptibly bending, straining, or loosening the parts.

AU knife-edges must be firmly attached.

The knife-edges must be of hardened and tempered steel. They

must be sharp throughout their entire length of bearing contact and

bear evenly the length of their working parts.

Bearing covers which are liable to come in contact with the knifeedges must be smooth and of a material equal in hardness to the

knife-edge. The part of the knife-edge coming in such contact must

be so constructed that the friction due to this cause is reduced to a minimxmi.

If the scale has interchangeable or reversible parts, the interchange

or reversal must not affect the accuracy of the instrument.

The position of all nose irons shall be clearly indicated by a welldefined mark, showing the position of these parts when the scale was

installed.

Scales equipped with a scoop counterbalanced by a removable poise or weight must not be used.

The graduations on all beams shaU consist of sharply defined lines or notches, which must be uniform in spacing and character and

parallel to each other.

Weight graduations on the beam must indicate the weight represented by the poise.

A shoulder stop must be provided on all beams to prevent the poise

traveling back of the zero graduation.
214 BUBEAU OF STANDARDS.

The adjustuag material in all poises must be securely inclosed and

permanently attached, and in such a position that it will not rub on

the beam.

Where the poise is equipped with a set screw, this must be permanently attached and not removable.

Where the poise is provided with a device intended to engage in

the notches this must fit firmly and without perceptible movement.

The bearing edge of hanging poises must be hard and sharp.

Poises must not be readily detachable from the beam.

The normal position of the beam shall be horizontal.

Unstable or accelerating scales shall not be used.

The term "bearing" herein referred to is defined as the entire contact between the knife-edge and bearing surface.

The term "sensibihty reciprocal" hereinafter referred to is defined as the weight required to move the beam, pan, pointer, or other indicating device of a scale a definite amount. In scales provided with a

beam and trig loop the sensibihty reciprocal is the added weight

required to be placed upon the platform to break and turn the beam

from a horizontal position in the middle of the loop to a position of

equihbrium at the top of the loop. This may be determined indirectly by subtracting the weight mstead of adding it, or by using

the shding poise on the beam if this is moved without jarring the

beam, etc. In the case of scales with stabilized platforms such as even-armed

trip scales and single platform scales such as postal scales, the sen- sibihty reciprocal is the amount of added weight required on the

platform to cause the pan to move from the normal position to a

position of equihbrium at the limit of its motion.

In the use of scales provided with a pointer and graduated arc, it

is the weight required to move the pointer over one division.

Specifications.—The foundation of all built-in scales shall be solid

and firm.

All bearings shall be smooth and of a material at least equal in

hardness to the knife edges. For scales of above 5,000 pounds

term "bearing" used in this paragraph refers to the entire line of

contact between knife edges and their bearings and the point of

contact between nose-iron steels and shackle bars.

Platform scales having an outside frame must be equipped with a

checking or centering device which will keep the platform from

binding against the frame and hold the platform bearings in their

proper position on the main lever knife edges. These devices must

not bind and must also cause the platform bearings to return to

their normal fine of contact on the knife edges when the platform

is distm-bed.

Scales with platforms must be so constructed that there is sufficient clearance between the platform and the frame to allow for any

expansion due to weather effects. Sufficient clearance must also

be provided that the live parts of the scale wiU not bind or be interfered with by the ordinary accumulation of dirt.

PLATFORM SCALES.

capacity the bearings The
EIGHTH CONFERENCE OF "WEIGHTS AND MEASURES. 215

A wagon scale should have at least 12 feet of straight way on

either side of the scale in the same plane as the platform.

Platforms and levers must be made sufficiently rigid that the

degree of deflection under the maximum load will not affect the

accuracy of the scale. When the scale is equipped with a relieving

device its operation must not change the normal balance of the

beam.

When corner platform loops are removable they must be marked

to identify them with their proper corner. The balance ball on all counter platform scales shall be so constructed that it can be operated only by a mechanical device.

Any device for altering the sensibility of the scale or which might

cause the beam to become unstable or accelerating shall be so limited

in adjustment that the beam can not be made unstable.

All beams shall be so marked and graduated that the value of the

weight can be directly read on the beam at all points whether or not

a registering or stamping device is used.

The beam shall have equal play above and below the normal

horizontal position.

The mimmum travel of the beam in the trig loop shall conform

to the following table:

Length of beam: Inch. Under 12 inches 0. 4 Over 12 inches and including 20 inches 5 Over 20 inches and including 40 inches 7 Over 40 inches and up 9

The length of the beam refers to the distance from the fulcrum to

the nearest point of the trig loop.

If the poise on a notched beam is equipped with a spring this shall

be of sufficient strength to seat the pawl in its proper position wherever in the notch the pawl is placed.

Poises shall be so constructed that no part can be easily detached.

Reading edges or indicators of poises must be sharply defined and

all reading edges must be parallel to the graduations.

The sensibifity reciprocal of platform scales shall not exceed the

value of two of the minimum graduations on the beam at the capacity

or at any lesser load.

The tolerance allowed at any load must not exceed that in the

following table, provided, however, that the tolerance in no case

shall be less than the minimum graduation on the beam.

"Inside scales" are defined as scales that are used inside of a

building.

"Outside scales" are defined as scales of the dormant, wagon, and

railroad track type which are installed outside of a buUding.

The columns with the heading "On ratio" refers to the error in

the ratio or multipHcation of scales with which counterpoise weights

are used.

The columns with the heading "Full capacity beam" refers to

weightless or self contained scales.

The column with the heading "Load" refers to the amount of

weight placed in any position on the scale platform.

The tolerances to be allowed on platform scales, at the loads indicated, shall not exceed the values given in the table following.
216 BUREAU OF STANDAEDS.

Inside scales. Outside scales.

Load.

Full FuU

On ratio. capacity On ratio. capacity

beam. beam.

Pounds. Ounces. Ounces.

SO i 1 100 1 2 200 2 4 240 3 6 300 3 6 wu 4 8 DUU 6 12

Pounds.

8 1

1 fwvi 8 1

1 OOfl 10 li

I , omj 12 U 1 Ron 1 , oUU 14 li

Pounds. Pounds. Pounds.

11 1 2 2 4 n 21 2i 5 oZ 2 4 4 8

Qo 3 6 6 12

4 8 8 16

5 10 10 20

D 6 12 12 24 8 8 16 16 32

10 10 20 20 40

12 12 24 24 48

15 15 30 30 60 20 20 40 40 80 40 40 80 80 160 50 50 100 100 200

80 80 160 160 320

100 100 200 200 400

IdO 150 300 300 600 200 200 400 400 800

COUNTER BALANCES AND SCALES.

Specifications.—Bearings must be made of a material equal at

least to the knife-edges in hardness. (Tempered steel or agate may

be used, but are not required.)

The shape of the bearings must be such that when the beam is

displaced ui any manner the knife-edges will return to their proper

line of contact.

The under connections must form a parallelogram with a line joining the knife-edges in the beam. These connections must be straight

and work freely.

All material used for balancing the scale must be securely inclosed.

Attachments for adjustiag the balance of the scale must be of

such character that they can only be operated by the use of an

outside mechanical device.

Scales on which any weight or weights when used are not visible

must be equipped with a device which wUl plainly indicate on the

customer's side of the scale when the weight or weights have been

added and their value.

Pendulum scales must be equipped with a device for indicating

when the scale is level.

Pendulum scales must be equipped with leveling devices which

require the use of an outside mechanical device for their operation.
EIGHTH CONFEBENCE OF WEIGHTS AND MEASURES. 217

When a weight equal to one-half the capacity of the scale is placed

upon the weight plate in such a position that the edge of the weight

coincides with the edge of the plate, the allowable error in the scale

should not exceed the allowable error for the scale at its full

capacity.

When a weight equal to one-half the capacity of the scale is shifted

on the commodity plate or scoop to a point one-half the distance

between the center and edge of the plate or scoop, the error should

not exceed the allowable error for the scale at its full capacity.

When scales are equipped with a graduated beam, the sensibility

reciprocal allowed shall not be greater than two of the smallest graduations on the beam: Provided, however, That in no case shall the

sensibility reciprocal allowed be greater than that in the table below.

The minimum fall or drop of the plate or scoop on equal-armed

scales from its highest point shall be as follows

:

Inch. Capacity, 4 pounds and below 0. 35

Capacity, 4 pounds to 12 pounds ,5

Capacity, 12 pounds to 26 pounds 75

Capacity, 26 pounds and upward 1 On scales equipped with graduated beams the error allowed at any

point on the beam shall not exceed the same proportional part of the

error allowed at the capacity of the scale that the weight represented

by the poise at that point on the beam bears to the capacity of the

scale: Provided, Jiowever, That the tolerance shall in no case be less

than one-fourth of the sensibility reciprocal of the scale.

Except on special tests mentioned above, the tolerances and sensibility reciprocal must not exceed those given in the tables below:

Capacity. Toler- ance.

Sensibility Capacity. Toler- ance.Sensibility reciprocal. reciprocal.

Pounds. Ounces. Ounces. Pounds. Ounces. Ounces.

1 1/16 1/8 24 3/8 1 2 1/16 1/8 25 3/8 1 4 1/8 1/4 30 3/8

7/16

1 5 1/8 1/4 40 U

6 1/8 1/4 50 1/2 n

8 1/4 1/2 60 1/2 li 10 1/4 1/2 75 5/8 2 12 1/4 1/2 90 7/8 21

15 5/16 3/4 100 1 3 20 5/16 3/4

SPRING BALANCES.

[Note.—The following specifications and tolerances are to apply to all spring balances except in so far as they are modified for special types, under the subheads given hereafter.]

Specifications.—Graduated faces must be permanently fixed in

position.

AU graduations must be clear and distinct and equally spaced.

The clear interval between the graduations must be not less than

0.04 inch.

The pointer must be firmly attached and reach to the graduated

divisions. That part of the pointer which reaches to the smallest

subdivisions must not exceed the width of these divisions.
218 BTJKEATJ OF STANDARDS.

The distance from the pointer to the reading face must not exceed

0.12 inch.

AH devices for adjusting must be such that they are accessible or

operative only by the use of an outside mechanical device.

No device to alter the working length of the spring shall be placed

on the outside of the balance.

When there is no load the indicator shall clearly point to the zero graduation and there shall be no stop to prevent the indicator going

beyond the zero graduation.

When the graduations commence at a fixed load the position of the

pointer when there is no load shall be clearly indicated by a zero graduation.

Hanging spring scales shall be freely suspended from the ring when

in use.

If provided with a hanging pan this shaU be hung to a ring and no

hook wUl be allowed; provided, however, that a hook may be used

if no pan is provided.

Where a dish-shaped pan is provided there shaU be an opening in

said pan to allow for drainage.

When a weight equal to one-half the capacity of the scale is shifted

to a point one-half the distance between the center and edge of the

plate or scoop the error should not exceed the allowable error for the

scale at its fuU capacity.

Spring balances on which a weight or weights when used are not

visible must be equipped with a device which will indicate on the cus- tomers' side when the weight or weights have been added and their

value.

The value of the graduations on spring balances used in the sale of

foodstuffs at retail shall not be more than 1 ounce; provided, however, that this shall not apply to scales used exclusively in the sale

of vegetables.

Spring balances must give correct results whether the load is increased or decreased.

The specifications for each part of combination spring and lever

balances shall be the same as those for the class to which such part

belongs.

With the exception of the special test noted above, spring balances

must be correct within the followmg tolerances; provided, however,

that in no case shall the tolerance be less than i of the minimum graduation on the reading face.

This table specifies the tolerance to be allowed at the values indicated and does not refer to the capacity of the balance.

Graduations.Toler- ances. Graduations.

Tolerances. Graduations. Toler- ances. Graduations.

Toler- ances.

Pounds.

12

3

4

5

6

7

Ounces.

1/8 1/4

1/4 1/2

1/2

1/2 1/2

Pounds.

810

12

1520

24

25

Ounces.

3/4

3/4

1

1IJlin

Pounds.

30

40

50

60

7590

120

Ounces.

2

2

3

34

44

Pounds.

150

200

300

400

500

600

Ounces.

6

8

12

162024
EIGHTH CONFEEENCE OF WEIGHTS AND MEASTTEES. 219

STEAIGHT-PACE SPEING BALANCES.

Specifications.—^The support for the spring must be of sufficient

strength and rigidity to sustain the maximum load without perceptible strain and it must be permanently fixed.

The graduated face must be fixmly riveted to the frame at not less

than three poiats.

The indicator must be pointed in order to facihtate accurate readings and it must not obscure the figures showing the values of the

graduations.

The value and spacing of the graduations shall satisfy the requirements of the following table:

Minimum

Maximum distance Capacity. value of between

interval. graduations.

Pounds. PouTid. Inch.

25 1/2 0.03 50 1 .03 100 1 .03 200 2 .03 300 5 .04 400 5 .04 500 5 .04

The tolerance to be allowed shall be four times that given in the

preceding table for spring balances.

COMPUTING SCALES.

Specifications.—Computing scales must be correct in both their

weight and value indications.

Charts which repeat the same values in any given column or row

are incorrect. This also applies to charts on which value graduations

are correctly placed but which, in addition, have a dupHcation of

value figures in any given column or row. The maximum value graduations on the chart must not exceed 2

cents.

On aU scales equipped with a drmn-shaped chart the opening on the

dealers' side must be such that at least two value indications at the

lowest price per pound may always be visible. Computing scales

must be so constructed that the ounce graduation and a figm-e representing the proper number of poimds will show on the customers'

side when the load is placed on the pan or platform.

The distance between the chart and the reference mark must not

exceed 0.06 inch. Reference marks must be present on both the

dealers' and customers' side, and their width must not exceed the

width of the finest graduation on the chart. Both reference marks

must indicate clearly and correctly.

The maximum value of the weight indications shall be 1 ounce.
220 BUREAU OF STANDARDS.

The width of the value indicator must not exceed the width of the

value graduations.

On scales equipped with a magnifying device the clear interval

between the weight and value graduations shall not be less than 0.02

inch. On scales not equipped with a magnifying device the clear

interval between weight and value indications shall not be less than

0.04 inch.

AU devices for adjusting shaU be accessible or operative only by the use of an outside mechanical device.

The specifications as to the other parts of computing scales not

modified by the above shall be the same as those of the class to which

they belong.

CREAM TEST AND BUTTER-PAT TEST SCALES.

Specifications—The scale shall be provided with a graduated scale

of at least 10 divisions, over which the pointer shaU play.

The pointer must reach to the graduated divisions and shaU terminate in a fine point to enable the readings to be made clearly and

distinctly.

The clear interval between the divisions on the graduated face shall

shall not be less than 0.05 inch.

The scale shall be provided with levehng screws and an attached

level.

The scale shall be so constructed and adjusted that when the pans

are released or disturbed the pointer will return to rest at the zero mark.

The addition of one-half grain to the scale when loaded to capacity

shall cause a movement of the pointer at least equal to one diAasion

on the graduated face.

The tolerance either in excess or deficiency when the scale is fully

loaded shall be 1 grain.

WEIGHTS.

Specifications.—Weights shall be made of steel, iron, brass, or any

other metal or alloy of metals not softer than brass: Provided, however, that weights below one-fourth ounce shall not be made of iron or steel but may be made of aluminum.

Weights must have smooth surfaces and no sharp points or corners. Weights must not be covered with a soft or thick coat of paint or

varnish.

AU holes in which foreign material is placed for adjusting purposes

must be so made that the bottom diameter is larger than the top

diameter. The adjusting material must not project beyond the

surface of the weight and must be seciu-ely held m place.

Rings on weights shall not be spHt or removable.

All weights shall be clearly marked to show their value, and in

addition weights intended to be used on multiplying lever scales must

be clearly marked to show the weight they represent on the scale.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 221

The tolerances allowed for commercial weights shall not exceed the

values given in the following table

[Manufacturers' tolerances or the tolerances on new weights are one-half of the values listed.]

Weight.

Ordinary

weights

(ratio

1 : 1).

Counterpoise weights for multiplying-lever scales.

Ratio less than

100 :1.

xvatio

lUxj , 1 tina

less than

Ratio

1,000 :1 and over.

Orains. Grains. Grains. ou 1 nn n 60. 40.0 20. ^0 36. 24.0 12.0

20 60. 36. 24. 12.0

1 24.0 16.0 8.0

1 n 40. 24.0 16.0 8.0

oo oU. o 18 12. 6.0

cD o qU. LI 18!o 12^0 6!o

4

on o 12.0 8.0 4.0

3 20.0 12.0 8.0 4.0

2 15.0 9.0 6.0 3.0

1 10.0 6.0 4.0 2.0

Ounces.

10 10.0 6.0 4.0 2.0

8 S.O 3.0 2.0 1.0

5 5.0 3.0 2.0 1.0

4 5.0 3.0 2.0 1.0

2 3.0 1.8 1.2 .6

1 2.0 1.2 .8 .4

1/2 2.0 1.2 .8 .4

1/4 1.0 .6 .4 .2

1/8 .5 .3 .2 .1 1/16 .5 .3 .2 .1 1/32 .5 .3 .2 .1 1/64 .2 .12 .08 .04 Ratio of tol- erances, . 5/5 3/5 2/5 1/5

The tolerances allowed on apothecaries prescription weights shall

not exceed the values given in the following table

:

Weight. Tolerances. Weight. Tolerances.

Ounces Grains. Scruples. Grains.

Troy. 3 0.3

12 4.0 2 .3 10 4.0 1 .15

8 3.0

5 3.0 Grains.

4 2.0 20 .15

3 2.0 15 .15

2 2.0 10 .10

1 1.0 5 .08

1 .03 Drachms.

8 1.0

6 1.0

4 . 7 3 .6

2 .5

1 .3
222 BUREAU OF STANDARDS,

Weight. Tolerances

.

Weight. Tolerances.

Kilograms. Milligrams. Grams. Milligrams.

10 2,000.0 10 40.0

5 1,500.0 5 20.0

2 800.0 2 15.0

1 500.0 1 10.0

Orams. Milligrams. 500 350.0 500 6.0

200 200.0 200 6.0

100 150.0 100 2.5 SO 100.0 50 2.0 20 50.0

DISCUSSION.

The Acting Chairman. You have heard the report of the committee on tolerances and specifications.

Mr. Fine. I move that the report be accepted.

(The motion was seconded.)

Mr. Kellet. I offer an amendment that the committee be discharged.

(Cries of "No! No!")

(The question was taken and the report was accepted.)

The Acting Chairman. This brings us to the order of unfinished

business. Have we any ? The Secretary. I do not think there is any, Mr. Chairman.

The Acting Chairman. There is no unfinished business. Have

we any new business ? Mr. WuLFSON. Mr. Chairman, on the first day I believe I made a remark about a peck measure. This is supposed to be a peck [indicating a peck measure with a small diameter].

The law requires 15 pounds of potatoes to a peck. You may heap

up this particular measure as much as it will hold—put your hand on

it, too—and the most you can get in it is, perhaps, 13 pounds. This

is because of the small diameter. Dry measures ought to be uniform,

because the manufacturers sell those measures to the wholesale

dealer, the wholesaler sells them to the middleman, the middleman

sells them to the huckster, and when you condenm those measures

the owners say, "I bought this measure this way." You go to the

wholesaler and he says, "It was sent from the factory this way;

it is nothing to me ; I pay for it; this is the way it was shipped to me,

and this is the way I sell it"; and at the same time, gentlemen, you

can not put in the amount required by law. So I move, Mr. Chairman, that this conference adopt a recommendation that the National

Bureau of Standards notify each manufacturer of measures that they

make a measure of such shape that you can heap it up enough to

deliver the amount required. Is there a second?

(Criesof "No! No!")
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 223

REPORT OP COMMITTEE ON RESOLUTIONS.

Presented by O. Evans Mikesell.

Whereas at the eighth annual conference of officials throughout the

United States having to do with weights and measures within their

respective localities relative to the constitutional provision regarding weights and measures, such meeting being held by the courtesy

of the National Bureau of Standards at their buildings on Pierce

Mill Road, said sessions being on the 14th to 17th of May, 1913,

by unanimous vote of such conference duly passed instructing a

subcommittee of said conference to formulate and submit suitable

resolutions covering the subjects and purposes expressed in said

resolutions; therefore be it

Resolved, That it is the sense of this meetiag that the recommendation of the commissioner of the bureau of weights and measures of

New York City that the National Bureau of Standards be given

authority to pass upon and authorize the use of types of weighing

and measuring apparatus be indorsed by the conference, and tnat a

copy of this resolution be sent to each member of the Committee on

Comage, Weights, and Measures of the House of Representatives

and members of the Committee on Standards, Weights, and Measures of the Senate.

Resolved, That the eighth annual conference on weights and measures indorses the bill to establish the standard barrel. No. 4899,

indorsed and introduced in the House of Representatives by the Hon.

William E. Tuttle, of New Jersey.

Resolved, That we recognize that the public press of our country is

the most potent factor to mold public sentiment for or against the wiU

of the people, when expressed without political prejudices, with a

tolerance of opinions of others, and we render unto them our united

thanks for their just and impartial report of the proceedings of this

conference.

Resolved, That this conference is in favor of the adoption of the

metric carat weight of 200 milligrams as the standard of weight for

precious stones.

Resolved, That tbis conference owes it as a duty to the Bureau of

Standards and its employees to render thanks for the many courtesies

rendered to members of this conference.

Resolved, That this conference has been greatly benefited and instructed by the exhibits of the various scientific and mechanical

appHances shown us by the respective representatives of the manufacturers thereof, showing the improved and progressive inventions

in the science of weights and measures.

Resolved, That it is the sense of this conference that there should

be a committee on pubHcity for the purpose of aiding the press in

giving to the people exhaustive and accurate accounts of the doings

of this conference.

Resolved, That it is the sense of this conference assembled that we

go on record as favoring the retaining of competent officials for weights
224 BUREAU OF STANDARDS.

and measures and that they be placed under the civil-service regulations in their respective States.

Resolved, That this conference extend thanks to the members of the

last session of Congress for its passage of amendment No. 22576 to

the pure food and drugs act of June 30, 1906, establishing net weight

in this country, and House bill No. 21480, establishing a standard

barrel and standard grades for apples when packed in barrels and for

other purposes.

Respectfully submitted,

Mr. Fine. Mr. Chairman, I move you that these resolutions be

cepted.

(The motion was seconded and the report was accepted.)

work of one particular man here, Mr. Mikesell. I have on a number of

occasions attempted to get some publicity for our meetings, and I

just found out from observing Mr. MikeseU's activity here why I did

not get it before—why I did not have the ghost of a chance to get it. He has done nothing else; he has not eaten, he has not slept, as far as I can see; and it seems to me that unusual activity of that kind ought

not to go unnoticed by this conference. It certainly gives me great

pleasure to acknowledge my indebtedness to !Mr. Mikesell for what he

has done in tliis direction.

Mr. JklARONEY. I move we adjourn, Mr. Chairman.

(The motion was seconded and agreed to. Accordingly, at 5 p. m.,

the meeting adjourned.)

O. Evans Mikeseli,.

Ed. J. Maroney.

Fred C. Axbrecht.

The Secretary. I would
SIXTH SESSION (MORNING OF MAY 17. 1913).

The conference reassembled at 10.20 a. m., Mr. Waldron presiding.

The Secretary. Mr. Chairman, I would like to make a few

announcements. Several gentlemen came in after the reports of the

State and city officials had been given, and I would like to have permission to insert in our report any remarks that these gentlemen

who arrived late might see fit to submit. If it is necessary to make

a motion to that effect, I wish someone would make such a motion.

I would also request leave to print several papers that appear on

the program, but which have not been read. Dr. Reichmann's, for

instance.

I also have several communications. It seems to me, if you will

just make a general resolution, that they might be published.

Mr. Clark. Mr. Chairman, I move that the secretary be directed

to insert any documents of value.

The motion was seconded and agreed to.

LEGISLATION: PROPOSED AMENDMENTS AND ADDITIONS TO

THE MODEL STATE LAW ON THE SUBJECT OE WEIGHTS AND

MEASURES.

By F. S. HoLBEOOK, Associate Physicist, Bureau of Standards.

Mr. President and gentlemen, at the inception of the Annual Conferences on the Weights and Measures of the United States it was

found that the laws on the subject of weights and measures of the

States of the United States were antiquated, weak, and contradictory

in their provisions, and furthermore, that in very few States was any

attempt being made to enforce such requirements as they contained.

It was early recognized that new and strict statutes were absolutely

necessary in every State if faulty weights, measures, and apparatus

were to be eliminated from commercial use, and if the delivery of

short amounts of commodity was to be prevented. With the idea

of the enactment of new laws in mind it was very natural that the

small number of delegates should consult one another as to the provisions that should be included. It was apparent to all of them that

unless the laws about to be enacted by the several States were uniform the enforcement of all of them would be made very much more

difficult, and there would be a very great lack of efficiency in admiaistration. The conclusion was inevitable that the conference should

make some official recommendations on the question of State legislation if it was to be of the maximum assistance in the improvement

of corvditions then existing throughout the States.

Dr. Stratton remarked on the occasion of the first annual conference, ''It seems to me that it is very evident that we could bring

28670°—14 15 225
226 BUBEAU OF STANDARDS.

about uniform State legislation, or national legislation." And at the

first conference, also, a resolution was presented, on behalf of the

committee on organization, and was adopted, which read as follows:

Resolved, That it is the sense of this convention that meetings of State Sealers or custodians of weights and measures be held annually in Washington to discuss and

facilitate both national and State legislation tending toward securing uniformity in

the laws pertaining to weights and measures and their inspection throughout the

United States, and the Bureau of Standards is requested to arrange such a meeting.

At the second annual conference the question of procuring xmiformity in the laws of the various States was again discussed, and at

that meeting the following resolution, introduced by Dr. Reichmann,

of New York, was passed:

Resolved, That the executive committee be instructed to draw up a model set of laws to be submitted to this body at its next meeting.

In accordance with this resolution the executive committee of the

conference prepared a set of "Suggestions for national and State

laws," embraced in 34 sections, and their recommendations were

adopted by the conference. These were, as the name implies,

merely suggestions on which laws for the various States were to be

based.

The next step in this matter was taken at the Sixth Annual Conference on Weights and Measures, when a model law on the subject

of weights and measures, drafted by the Bureau of Standards, due

consideration being had for the "Suggestions for national and State

laws," and for the various bills which had been framed in accordance

with these suggestions and introduced in some of the States, was

presented for the action of the conference. After debate on the

various provisions and a few minor changes and additions, this model

law was adopted by the national conference and recommended for

passage to the various States.

This, then, is the model law which we have to-day, and it is this

law that we propose to ampUfy and amend. It was recognized at the

time this biU was adopted that it did not contain all the provisions

that would be found necessary for the elimination of all character of

frauds. But at that time very few of the States had any adequate

laws on the subject of weights and measures, and, moreover, the

general subject and the necessity for legislation was not nearly so

well understood as it is at the present time. In introducing bills it

was therefore necessary to avoid very great detail, as this would

necessarily have delayed and in many cases actually prevented the

massage of the legislation altogether. But we believe that the time

las now come when new sections of a more detailed nature should

36 added. Not only is the subject now such a familiar one that

details can safely be taken up, but many States, having estabUshed

a foundation, are ready to ampUfy the laws already obtained. To

carry out the original idea of uniformity, such States should have

some model to turn to when framing new sections for their laws.

We will therefore present for your consideration several new sections.

So much for the additions which should be made.
EIGHTH CONFEEENCE OF WEIGHTS AND MEASURES. 227

Now to take up the question of amendment. In this matter we

do not propose anything radical. But some amendments seem to be

necessary. The sections of the present law are in many cases very

long and therefore appear to be more complicated than they really

are. In these cases we advocate the splitting up of such sections

into several shorter sections, referring to a smaller part of the subject. The law is thus made easier to understand and more simple

for reference and consultation. We believe also that the arrangement of provisions can be improved in this way. In other cases the

amendments will suggest a somewhat simpler wording than is used

at present, resulting m a little clearer meaning in these cases. In

no case need those States which have already adopted this law in

whole or in part feel that their laws will not be uniform with those

of States which may pass the amended law hereafter as the changes

so far suggested are not of sufficient importance to make this the

case. The remainder of the amendments consist in presenting the law in

three different forms instead of in one standard form as has been

done heretofore. The basic provisions of aU three forms are exactly

the same, the only variations occurring in the methods of enforcement

involved. It has been conclusively proven that the original form is

not directly applicable to many of the States and that to gain respectful attention m some of these States it is necessary to submit it in a

practicable form, applicable to local conditions. No desirable uniformity is sacrificed by presenting it in these various forms.

The following is a brief description of the three forms and of the

local conditions in which each will be found to be pecuUarly applicable:

FORM NO. 1.

This form provides that the entire weights and measures inspection system shall be in the hands of a State department and that the

weights and measures laws shall be wholly enforced by men in the

service of the State.

This form is intended primarily for States having a comparatively

smaU population per unit of area and few large centers of population;

and, secondarily, for those States in which it is believed that such a

law can be most competently enforced by a centralization of power.

FORM NO. 2.

This form provides that the State shall take entire charge of the

enforcement of the law in those jurisdictions in which the population

per unit of area is so small that local authority can not enforce the

provisions with the highest efficiency and that in those jurisdictions

where the population is large enough to justify it a local inspection

service under the supervisory authority of the State department

shall take up the enforcement of the provisions of the law.

This form is primarily intended for those States having part of

their territory thickly settled and other parts only thinly settled.
228 BUREAU OF STANDARDS.

FORM NO. 3.

This is the original form of the model law and provides for the

enforcement of the provisions hy local inspectors in each city and

each county, all under the general supervisory control of a State

department of weights and measures. This form is intended for those States having a large population

per unit of area and none or but few sections which are sparsely

settled.

With this introduction we desire to present the amended model

law to you for your action thereon.^

DISCUSSION.

Mr. HoLBROOK. Now I will rvm through these amendments very

rapidly. I would request that I be not obliged to read aU these;

I wiU read any that I bsheve to be of real importance. Where the

change is merely a correction or an improvement in phraseology, I

think we can pass over it without discussion; and also, in regard to

the question of sphtting these longer sections up into smaller sections,

it does not seem to me to be necessary to describe in detail how these

sections are divided, since the phraseology in most cases is not

changed.

Briefly, I might state that whereas there were about 12 sections in

the old law, there are 22 sections in this revision. Some of the longer

sections perhaps you will remember. Section 3, specifying the duties

of the superintendent of weights and measures and his deputies and

inspectors, and section 6, specifying the duties of the county sealers

of weights and measures, are spht up into about four sections each,

those former sections being unwieldy and bulky.

IVIr. Richardson. Would it be too much trouble for you to read the

sections of the old law that you want to amend, and read the amendments proposed ? Mr. HoLBROOK. That can of course be done although it will con- sume quite a lot of time.

Mr. Goodwin. If I may interrupt Mr. Richardson, will those

recommendations be embodied in our annual report ? Mr. HoLBROOK. They will be; yes.

Mr. Goodwin (addressing ]\Ir. Richardson). Those will all be in the

report when we receive it from the Bureau of Standards, and that will

give us all the information.

Mr. HoLBROOK. I will take that up in wliichever way the confer- ence desires. If necessary, I think we can get a number of copies of

the model law as it now stands, and you might follow me through the

various sections, change by change, if you wish.

Mr. Radcliffe. I would Hke to have a copy of that model law.

Mr. Montgomery. I would like to have a copy of that model law,

Mr. Chairman.

Mr. HoLBROOK. In that case, in order that we may not waste time,

we wiU defer consideration of the changes in the present model law

I See appendix, pp. 275-291.
EIGHTH CONFEBENCE OF WEIGHTS AND MEASURES. 229

and take up a few of the sections which we believe it is necessary to

add to the model law; and we will take up the amendments to the old

sections afterwards.

Now, you all know that we have been trjdng for j^ears to get a sec- tion into our State laws and into our National law in relation to the

sale of commodities in containers, requiring the weight, measure, or numerical count to be marked on the outside of the container. Up

to this year seven States had passed what is known as a net contents

of container law, and there was some lack of uniformity in the provisions of the various States. A short time ago, as you will remember

from Mr. Fischer's report, the National pure food law was amended to

make it compulsory to mark containers of food. Inasmuch as we

now have a national law on the subject, it does not seem to me that

we can do anything but incorporate the provisions of the national law

into the law recommended for the various States, since uniformity is so much to be desired in weights and measures legislation; and for

another reason, namely, that it might be difficult to enforce a State

law whieh did not agree with the national law, on accomit of the interstate commerce provisions. That matter is very little understood at

the present time, I beheve, especially in view of the recent decision by

the Supreme Court which Mr. Fischer mentioned, which makes it

doubtful in the minds of some to what extent the State has the right

to regulate the marking of packages at any time. They certainly can

not regulate the sale of goods which are guaranteed under the pure

food law to the extent of requiring the label on the goods as they come

into the State to be obliterated, on the ground that this would make

the enforcement of the national law an impossibility, since until the

wholesale packages are spUt up into retail packages and these put upon

the shelves of the retailer it is impossible for the United States inspectors to examine them to see whether they comply with the provisions of the law; and were the label mutilated the enforcement of

the pure food law of the United States would no longer be possible.

I wiU now read the section that we propose

:

It shall be unlawful to keep for the pui-pose of sale, offer or expose for sale, or sell any commodity in package form unless the net quantity of the contents be plainly

and conspicuously marked on the outside of the package in terms of weight, measure,

or numerical count: Provided, however, That reasonable variations or tolerances

shall be permitted and that these reasonable variations or tolerances and also exemptiona as to small packages shall be established by rules and regulations made by the

superintendent of weights and measures: And provided further. That this section

shall not be construed to apply to those commodities in package form the manner of

sale of which is specifically regulated by the provisions of other sections of this act. Now, that is based on the national food and drugs act. However,

it goes further than the national law in that it specifies all commodities instead of simply food products. On account of the fact that the

paragraph amended covers only foods, the national law was necessarily confined to foods. Now, there is no reason why it should be

confined to foods when the State enacts it, inasmuch as these laws are

to be enforced by the weights and measures authorities. Therefore

this section specifies all commodities instead of food products only.

In other respects the section follows very closely the national law.
230 BUREAU OF STANDARDS.

In connection with the pure-food law there has been a very great

diversity of opinion as to the proper definition of the word "package,"

that definition not having been given in the law itself. The Agricultural Department, however, issued a set of rules and regulations in

which the words "original package" were defined. "Whether that

definition is recognized by the courts I do not know.

This recent case, the "Karo sirup case," as it is called (George

McDermott v. State of Wisconsin, United States Supreme Court decision of Apr. 7, 1913), defuies the word "package"—not the original

package, but simply the word "package" as used in section 3 of the

pure-food law. It is stated that it shall be construed to mean the

iromediate container of the article which is intended to be dehvered to

the consumer. My definition of the word "package" is based on the

definition given in the rules and regulations ]ust referred to, since this

seems to cover the matter. I desire to put that definition directly

into the section, so that there may be no difficulty in the courts

determining just what a package is. The definition is as foUows:

Tlie word "package " as used in this section shall be constraed to include the package, carton, case, can, box, barrel, bottle, phial, or other receptacle put up by the

manufacturer; or, when put up prior to the order of the commodity, by the vendor;

which may be labeled, branded, or stenciled, or othei-wise marked, or which may be

suitable for labeling, branding, or stenciling, or marking otherwise, making one complete package of the commodity. The word "package "• shall be construed to include

both the wholesale and the retail package.

Now, there is one change in the first clause to which I might caU

attention; it requires that packages of goods which are put up by

the merchant before the commodity is ordered, and are put upon

his shelves, must be marked with their net weight. Now, we beheve

that this is necessary. The inspector of weights and measures in

making his inspections will weigh packages which have already been

done up by the grocer, and if he is not informed by marking on the

outside of the package, he will be unable to determine whether the

law is being violated or not. Packages of sugar may be put up and

sold regularly as 5-pound packages, but when an inspector comes

into the store and weighs those packages they may be foimd to weigh

perhaps 4 pounds 9 ounces, 4 potmds 10 ounces, or 4 poimds 8 ounces. Now, the merchant wiU often declare that they were being sold as 4

pounds 8 ounce packages, for instance, and not as 5-pound packages.

;Mr. Cluett. Might it not be well to insert in there that in marking these packages the terms of weight, measure, or count shall be

as conspicuous as anything else on that label? They are very apt

to get the weight or measure in such fine print that one would need

a microscope to discover it, and it would still be on the label.

l^Ir. HoLBROOK. We would run into difficulty in the enforcement,

since if the States defined how the package should be marked, and

the pure-food law of the United States did not require the same marking, a thing would be illegal in the State which would be legal in

interstate commerce. The national law says that the package shall

be plainly and conspicuously marked, and I think that we should

consider that the National pure-food law wiU be enforced by the

Government in a satisfactory way; that they wiU require such marking
EIGHTH CONPEKENCE OF "WEIGHTS AND MEASURES. 231

as is desirable. I would not recommend in 'any case a wording in

the State laws, or in the law that we are intending to submit to the

States, that varies radically from the terms of the pure-food law

which has just been enacted.

I do not know, gentlemen, how you desire to take this matter

up, whether you desire to adopt this, section by section, or to lay

all the sections aside until all have been presented to you.

The Secretary. Mr. Chairman, in view of the fact that the

members of the conference have not been furnished with copies of

these sections, I would suggest that the new sections, at any rate,

be voted upon as Mr. Holbrook finishes explaining them. It will

be impossible to vote on them afterwards, I think, unless you have

copies. You will not know the order in which to bring them up,

and it seems to me it would be desirable to do it at the present time.

The Acting Chairman. Do you make that as a motion, Mr.

Fischer ? The Secretaet. More as a suggestion than anything else.

Mr. Goodwin. I make that as a motion, Mr. Chairman.

Mr. Neale. I second the motion.

The Acting Chaieman. Are there any remarks ? Mr. Richardson. This is entirely new matter, is it not ? The Secretary. This is entirely new matter that ^Ir. Holbrook

is discussing now. There are only eight sections.

The Acting Chairman. Are there any other questions on the

motion ? The question was taken and the motion was agreed to. The Acting Chairman. Are there any questions to be asked on

that first section ? Mr. Neale. Mr. President, my opinion coincided with Mr. Cluett's

proposal on the subject, but Mr. Holbrook has cleared that up in my

mind. I thought it was necessary perhaps—at least for intrastate

busiaess—to have the net weight, measure, or count as conspicuous

as any other printing on the label, but Mr. Holbrook brings out the

point that it would not be in conformity with the interstate law, so that settles my mind on the subject. I think it is best to leave it as Mr. Holbrook has it. Mr. Montgomery. I move the adoption of the section as read by

Mr. Holbrook.

(The motion was seconded and the section was adopted.)

Mr. Holbrook. The next section which I will present is a proposed section for the model law relating to secondary standards.

*^ow, this is unimportant in a way. In the former model law we

lave merely provided for the adoption of certain State standards of

weights and measures—fundamental standards—and I find that

there is a certain doubt in the minds of many legislators concerning

this provision. They seem to consider that the State standards of

weights and measures when adopted can be used for every purpose

of the enforcement of the law. In other words, some of the legislators you may talk to seem to think that the State standards can be

taken out and used to test coal scales, ice scales, and any kind of

scales which are foimd in the markets; and of course this is ridicu-
232 BUREAU OF STANDARDS.

lous. It was intended that the State standards should be funda/-

mental standards of weights and measures and should be used just as seldom as possible, in order that they might not change from year

to year. They are to be tested every 10 years by the National Bureau of Standards ; and inasmuch as they are to be the highest type

of weights and measures which are produced, it is the intention, I

believe, in every State to keep these standards and use them only

for checking up a certain set of copies of the State standards, these

copies to be used in the work of the office and similar copies in the

work in the field.

With that explanation, I will read this section:

In addition to the State standards of weights and measures provided for above,

there shall be supplied by the State at least one complete set of copies of these, to be

kept at all times in the office of the State superintendent and to be known as office standards; and such other weights, measiures, and apparatus as may be found necessary to caiTy out the provisions of this act, to be known as working standards. Such

weights, measures, and apparatus shall be verified by the State superintendent, or

his deputy or inspectors at his direction, upon their initial receipt and at least once

in each year thereafter, the office standards by dii-ect comparison with the State

standards, the working standards by comparison with the office standards. When

foimd accurate upon these tests, the office and working standards shall be sealed by

stamping on them the letter " —" and the last two figures of the year with seals which

the State superintendent shall have and keep for that purpose. The office standards

shall be used in making all comparisons of weights, measures, and weighing and

measuring devices submitted for test in the office of the superintendent, and the

State standards shall be used only in verifying the office standards and for scientific purposes. Mr. Byrne. Mr. President, I move the adoption of the second

section.

(The motion was seconded.)

Mr. Cluett. Mght it not be well, before we adopt that, to insert

a provision to the effect that the State superintendent shall furnish

a certificate with those weights showing that he has stamped them ? If we did not have that, would it not be necessary to subpoena the

State superintendent if we had to prove our weights ? Mr. HoLBROOK. Mr. Cluett, this section refers merely to standards

which are used, not by the city and county sealers, but by the State

inspectors connected with the office of the State superintendent; and

inasmuch as these inspectors and the State superintendent both test

and use these standards they could, if it helped them any, issue certificates for them without having it so stated in the law; and at any

rate they would always, on accoxmt of these seals, I think, be able to

prove their own standards which they themselves are using. If that

was a county or city standard, I think you would find it a different

matter.

Mr. Cluett. The reason I raised that point was that in Chicago

we had our standards taken down to the secretary of state for

inspection and sealing, and he merely stamped them with the letter

"I. " Now, we had to go into com-t on an important case and they

wantedhimto issue a certificate showingthat hehad tested themand put

this letter "I" on the weights, and he refused to do it for a while.

So they said, "All right, we will subpcena you and drag you to

Chicago to testify in this case." I thoughl; it would be weU to have
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 233

a certificate showing that those were the weights on which he had

put the seal.

Mr. Goodwin. Mr. Chairman, I want to say that that is provided

for in my State. We furnish every city and town in the State a set

of standard weights and measures, which are adjusted, tried, and

proved by the State sealer. Each sealer has a working set which he

has to have tested at least once in every three years by the standards

furnished by the State. Those standards are kept in the city or town

for the benefit of the local sealers, so that they can go to their town

house and verify their working standards. So that practically this

thing is being carried out now in the State of Rhode Island. We find

that it is a very great benefit to the local sealer.

Mr. HoLBROOK. You approve of the section as read ? Mr. Goodwin. I do.

Mr. Henry. Mr. Chairman, I would like to ask a question. Does

that section provide for the comparison of the secondaries with the

primaries once a year ? Mr. HoLBROOK. It provides that "such weights, measures, and

apparatus," which refers to both the office and working standards,

"shall be verified by the State superintendent, or his deputy or inspectors at his direction, upon their initial receipt and at least once in

each year thereafter," but the office standards only are to be compared

directly with the State standards.

Mr. Henry. That is, the secondary with the gold standards, too, or just the working standards with the secondary ? Mr. HoLBROOK. It provides that the office standards shall be

calibrated by means of the State standards at least once in each year.

Mr. Henry. My point in asking that was this: This same model

law provides for the certification of those primaries only once in 10

years; and would it be wise to take those out and use them once a year to calibrate our secondaries and only have them certified by

the bureau once in 10 years ? Mr. HoLBROOK. I think it very necessary to test the office standards at least once a year. The reason why we have the State standards used as little as possible is that we realize that if they are used

very often they will change somewhat in weight. Now, these office

standards are going to be used in all the tests in the office during the

Eeriod of a year, and at the end of that year it seems to me it would

e absolutely necessary to check these office standards with the

State standards to see that there had been no variation between

them. As to the other point, I do not think that the use of the State

standards once a year or 10 times between certifications can be

called at all excessive. I think they might be used very much

oftener than that, and stiU show no appreciable change.

Mr. Henry. Well, from the nature of the thing, being gold plated,

there was a question in my mind; but if you are satisfied, I am.

Mr. HoLBROOK. I think Dr. Stratton wiU be able to tell you that

even a gold-plated weight can be used with perfect safety 10 times

without any appreciable change.

Dr. Stratton. I think Mr. Holbrook has got exactly the right

answer to that. If the weights will not stand being used 10 times,

you ought to get a new design—a new weight.
234 BUREAU OF STANDARDS.

Mr. Goodwin. I would like to ask Mr. Holbrook if that means that

the State standards shall be corrected each and every year.

Mr. Holbrook. No; the State standards are to be cahbrated once

in 10 years by the National Bureau of Standards. The standards

which are to be tested once each year are the oflB.ce standards—by

the State standards.

Mr. Goodwin. Well, I object to that, because I am afraid that will

bring confusion in the States, for the reason that in our State the

expense of this business has to be paid by the towns and cities.

Mr. Holbrook. Just a minute, Mr. Goodwin. Both you and Mr.

Cluett seem to be laboring under a false impression. These standards

which we are specifying shall be tested and sealed are standards

belonging to the State and used by the State inspectors. The section

does not refer to county or city standards at all. That is already

covered by another section of the law. We have a set of State standards and State inspectors who are busy using other sets of standards

in their own work throughout the State, and these secondary State

standards—which will be returned to the office of the superintendent

of weights and measures from time to time as the inspectors come in

and make their reports, etc.—are to be tested once in each year. This

section has no reference to county and city standards at all. I will

ask Mr. Cluett if that explanation, that these are State weights and

measures, clears up his difficulty ? Mr. Cluett. Yes, sir. Dr. Stratton. Mr, Holbrook, probably it wUl help these gentlemen a little to state that that is exactly the policy we pursue here.

If you send in your State standards, they are not compared with our

international or primary standards, but we have certain working

standards that have been compared with those primary standards,

and those are the ones that we use. You can readily see that if we

did not do that there woidd be danger of iajuring the primaries. It

is merely to save your fundamental State standards from too much

use.Mr. Clark. I notice by our laws that our standards are supposed

to be tested by the Bureau of Standards once in five years. I want

to know if that was changed in your law.

Mr. Holbrook. That is reaUy a minor point—once in 5 or once

iQ 10 years. We believe that with this provision the State standards wUl be protected from excessive use, and that it will be suflB.cient

to return them to the bureau once ia 10 years. It is very often

rather an expensive proceeding, and there is always some danger

of their being lost or damaged; and it is considered that if they are

satisfactory weights and measures they will keep their adjustment

for 10 years.

Mr. Clark. Probably ours will, because we have no outside sealing

to do. We do aU our work in the office, and our work is simply comparing the city and town standards. We do not do any sealing; so that our primary standards will not get the work or wear that perhaps

Mr. Henry's would.

The Acting Chairman. Are there any other remarks, gentlemen ? If not, a motion is in order to adopt section 2.
EIGHTH CONFEKENCE OF "WEIGHTS AND MEASURES. 235

Mr. Metcalf. I move that the section be adopted as read.

(The motion was seconded and the section was adopted.)

Mr. HoLBROOK. The next section which I will read I have called

the net-weight section proposed for the model law. A little explanation may be necessary, although very little. It simply provides that

all commodities shall be sold by net weight. Now, under the laws of

this country it has always been considered, when weights and measures were talked about, that net weights and measures were being

referred to. When you buy a commodity you expect to get what

you order of the commodity itself, without wrappings or other coverings. Well, the custom has been in certain trades to sell commodities by gross weight, in which case the man who cotdd put the most

wrappings on his package was the most fortunate man; because it is

impossible in buying a package to know how much the wrappings on

it weigh, and if I can put 10 poimds upon my package, or bale of hay,

or whatever it is, and another man can get 20 pounds on his, he can

subject me to very unfair competition. Some companies have en- deavored to get arotmd the sections of the State laws so far, which

undoubtedly refer to net weight, many of them by stamping upon

their invoices or their bills a statement to the effect that various

commodities are sold by gross weight, including the weight of the

wrappings.

Now, it seems to me that even though they stamp this fact upon

their bills, the retailer receives no protection, because in no case is

he able to sell these various wrappings to the consumer as the product

which he bought; and if he endeavors to include that amount of

wrapping in his sales, he will very soon, to use a slang expression, be

"jacked up" by the inspectors of weights and measures. And the

retailer can not adopt the scheme of the wholesaler since he wiU find

it impossible in most cases to make a separate statement to each

customer that he is selling commodities by gross weight. The wholesale companies, as I say, will put it on their statements, but the man

who sells over the coxmter—the retailer—is not able to make that

statement. Therefore the retailer buys a large number of pounds of

various kinds of useless wrappings which he is not allowed to sell. Now, I desire to put this section in for this ptirpose—that although

net weight is understood, yet it has been held that when that statement is upon the invoice or bill you are unable to proceed against

the packer or whoever it may be. Now, if we make this a section of

the model law, providing that commodities shall be sold by net weight,

then, if you please, the packer will be unable any longer to stamp

upon his bills the fact that he is selling by gross weight and get

aroimd the law, because it is well known that when a State in the

exercise of its poUce power passes a law providing a penalty for

doing a certain thing and thus making the act unlawful, no person

is able by special agreement to nuUify that law. The special agreement will be nugatory on the groimd that it is contrary to a specific

statutory provision. Therefore, if this section is adopted, the

packers and various other people who now sell their commodities

by gross weight wiU no longer be able, by putting a statement to

that effect on their biUs, to seU by gross weight, since the contract
236 BUEEAU OF STANDARDS.

win be held illegal as being against the pohcy of the State as expressed

by the statutes of the State.

Mr. WooLLEY. Mr. Holbrook, am I to understand that it is your

opinion that the regulations of a trust or a combine—the making of

rules by them in the selling of their goods by printing on the bottom

of their biU, as Mr. Cluett has said, in letters impossible to read

supersede National or State laws ? Mr. Holbrook. No.

Mr. WoOLLEY (continuing) . And that we can not win a case of that

kind in court ? Mr. Holbrook. No; my point was just the opposite.

Mr. WooLLEY. As it is now, I mean ? Ml*. Holbrook. As it is now, with net weight not specified ? I

think so, possibly.

Mr. WooLLEY. We have that in Massachusetts.

Mr. Holbrook. This section which I am going to read is very similar to your section in Massachusetts. I beheve that if your section

specifies distinctly that a commodity shall be sold by net weight, and

there is no special contract provision in the law—a provision which

has done more harm than almost any other phrase which could be

added—then the packers will be unable to make a special contract

with the retailer, by printed statement or otherwise, to seU in any

other way than by net weight. They must sell by net weight, and

any statement on their bills contrary to the express statutory provision wiU be nugatory.

Mr WooLLEY. What I am getting at is this : I want to understand

from you and the officers of this association if these combmes are

really greater than their maker. It seems to me that as we have a

national law, and also as we have in Massachusetts this net weight law,

we ought to be encouraged to prosecute, which I intend to do as soon

as I get home. I have a case that I am going to make a test case of,

and I want to be encouraged somewhat; and I hope we will win,

even though they do print their rules and regulations on the bottom

of their bUls.

Mr. Holbrook. It is my personal opinion that the Massachusetts

section as approved in 1913, requirmg goods to be sold by net weight,

will absolutely prohibit packers or others from selling by gross

Vv^eight. I do not believe that they wiU be able to make a contract

of that sort, no matter how clearly they specify what they want,

because that would be held by the courts to oe an illegal contract.

Mr. WooLLEY. That is right.

Mr. Holbrook. And if a merchant so desired, he could order a

bill of goods from a packing company and they could make this

provision that these goods should be sold by gross weight, and he

could accept the goods and pay for them, for mstance, by a promissory note, and when that note fell due he could defend on the ground

that the note was given as a consideration for a contract that was

illegal. The courts have held in a number of cases that inasmuch

as such a contract is void, he would not be obliged to pay that note,

since the note would also be void; neither would he be obliged to

return what he received in consideration of that contract u this
EIGHTH COSTFEEENCE OF WEIGHTS AND MEASURES. 237

had been disposed of. So I think that if that was better known—the

fact that a person can at his pleasure pay or not pay for the goods

sold by gross weight, when the law requires that they shall be sold

by net weight—that the practice of selling by gross weight would

soon die out.

Mr. WooLLEY. Mr. President, I wanted you all to understand that

I am in favor of this section being adopted, and I believe it would

be contributory ammunition to the cause of honest weights and

measures. Mr. Montgomery. Mr. Chairman, I move the adoption of the

section as read.

Mr. Goodwin. I second the motion.

Mr. HoLBROOK. I have not read the section as yet. [Reading:]

Whenever any commodity is sold on a basis of weight, it shall be unlawful to employ

any other weight in such sale than the net weight of the commodity; and all contracts concerning goods sold on a basis of weight shall be understood and construed accordingly. Whenever the weight of a commodity is mentioned in this act it shall be

understood to mean the net weight of the commodity.

Mr, Cluett. Mr. President, would that prevent the packer from

selling by numbers? Could he not still sell a ISTo. 1, No. 3, or No. 5

can of lard?

Mr. HoLBROOK. I believe so; except that under the provisions

of a section which I have already read he would be obliged to label

the contents on the outside of the can. Under this section he might

sell a hundred pounds of bacon by saying "one lot of bacon," for

instance, for such a sale would make no pretense of being "on a

basis of weight," but no one would purchase "one lot of bacon."

The original package goods in which the question might come up

are already covered in another section.

Mr. Montgomery. I now renew my motion, Mr. Chairman.

The Acting Chairman. The motion has been seconded. Are there

any remarks ? (The question was taken and the section was adopted.)

Mr. HoLBROOK. The next is a proposed section relating to the sale

of butter in prints and bricks. I select butter especially out of a

large number of commodities, and amend, if you please, our net

weight section slightly in regard to the sale of such butter. I am

standardizing in this section the sizes of the prints in which butter

may be sold.

Butter is a commodity which has universally been sold by the

pound throughout the country in brick form—the pound or the half

pound. Certain butter sections have been passed which require

that the net weight shall be stamped on the outside of butter containers; and under this law a large number of concerns, especially

in the West, have been putting out and labeling a package of butter

as containing fifteen ounces of butter. I have had a wide experience

with these laws, and I find, even where that net weight law is absolutely enforced—enforced just as strictly as it can be—that where

these 15-ounce prints are sold, even so labeled, the consumer in nearly

every case beheves that he is getting a pound of butter; because

he goes in and asks for a pound of butter, and regardless of the marking on the package it is delivered to him by the retailer as a pound.
238 BUREAU OF STANDARDS.

I have discussed this matter with a number of retailers, and they

state that it is never possible for them to sell butter in a print containing about a pound except as a pound of butter; because the

consumer demands a pound, and if they were obHged to stop in every

case and state that the package which they were about to dehver

weighed only 15 ounces, it would delay their business and spoil their

sale, because as soon as that information was actually given to the

purchaser, he would no longer be willing to purchase that butter.

For that reason I believe that the time has come when some certain

commodities should be regulated to a greater extent than by requiring the net weight to be marked upon the label, and I believe that

butter is one of the most important commodities with which to begin

in requiring them to pack in specified sizes only.

With that explanation I will read the proposed section:

It shall be unlawful for any person to sell or offer to sell any butter in any other manner than by weight. It shall be unlawful for any person to put up, pack, or keep

for the pujpose of sale, offer or expose for sale, or sell any butter in the form of prints,

bricks, or rolls in any other than the following sizes, to wit: One-quarter pound,

one-half pound, 1 pound, 1^ pounds, or multiples of 1 pound. Each print, brick, or roll shall bear a definite, plain, and conspicuous statement of its true net weight, on the principal label, where there be such a label, otherwise on the outside wrapper thereof; such statement shall be in gothic type not less than one-quarter inch

square. The prints, bricks, or rolls referred to in this section shall be construed to include those prints, bricks, or rolls put up by the manufacturer or producer; or, when put up prior to the order of the commodity, by the vendor.

Let me explain the reason for marking in that particular kind of

type. I have traveled aU over the country, as most of you know; I

have seen the enforcement of many laws and ordinances. This

requirement of gothic type one-quarter inch square is required by

ordinance and is used in the city of Denver, and in that city butter

is more uniformly and conspicuously marked than in any other sec- tion of the country which I have visited. This is an excellent size,

which is readily adaptable to butter prints without much modification

of existing labels, and it is also in a very plain letter; and the con- sumer actually knows in those cases what he is receiving.

Mr. Goodwin. Mr President, I do not like the word "producer."

A great many farmers make butter and carry it to market. Now,

they have no means, practically speaking, of complying with the re- quirements of this law. I can not see why that is not going to be

a hardship upon that class of people, and I would Hke to have the

word ''producer" stricken from that section.

Mr. HoLBROOK. In regard to Mr. Goodwin's objection, I would

say that there is no reason in the world why a farmer should be allowed to deliver short-weight dairy butter when the creameries are obliged to deliver full-weight creamery butter. It will be the simplest thing in the world to mark this product, and it is done at the

present time in some sections of the West. The farmers are obliged

to—or do in most cases—wrap their butter up in paraflBin paper.

It costs practically nothing to nave that paper printed in accordance

with the requirements of tnis section. If they do not desire to have

it printed it will be just as easy to buy a rubber stamp with quarterinch gothic letters and mark their butter as required by this section.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES, 239

Mr. Goodwin. Mr. Chairman, I agree with the gentleman; I think

that that is practical.

Mr. Cluett. Might it not be well to include oleomargarine as well as butter?

Mr. HoLBROOK. I think that would be a good amendment and I

am wilhng to accept it. The Acting Chairman. Do you make that as a motion, Mr.

auett?

Mr. Cluett. Yes.

Mr. WooLLEY. I second that motion.

Mr. Henry. Mr. Chairman, I want to suggest to Mr. Holbrook

if it would not be weU to include, with oleomargarine, butterine and

renovated butter.

Mr. Holbrook. I think that butter and oleomargarine is a sufficiently inclusive wording. I think that process butter is included

ia the term "butter"—that renovated butter is also included.

Mr. Henry. Is there not a distinction made in some of the States

in their pure-food laws ? For instance, in New Hampshire—I am

not absolutely certain about this, but I am pretty certain—if a merchant sells renovated butter as butter, pure and simple, he is liable

to a heavy penalty.

Mr. Holbrook. If there is any doubt that renovated butter and

process butter are included in the section as it stands, I am perfectly

wiUing to add them, because it was intended that they should be

included.

Mr. WooLEY. Mr. Chairman, is it not to be understood that reno- vated butter is butter ; that butter is included, renovated or otherwise ? Mr. Henry. For information I want to restate that proposition in

New Hampshire as I understand it. That is, by law renovated butter

is not butter pure and simple. The law says that renovated butter

is not butter. If the law says so, it is not; and that might cause

confusion in some States like New Hampshire, that have such a law.

The Acting Chairman. Now, in reference to process butter.

Would you insert that also, Mr. Cluett?

Mr. Cluett. I really think that is covered by the term "butter"

myself. If it is the opinion of the members here that it is not,

I am wiUing to accept any amendment.

Mr. Holbrook. There is no objection to the amendment that I

can see. As I have stated, it would be better to include a few useless

words than to find out later that we have not included all we

intended to. Mr. Neale. Mr, Holbrook, what is in the pure food and drugs

act at the present time regarding oleomargarine and the marking

thereof ? You told me something about that once out West. Is it

required to be marked at the present time "oleomargarine"?

The Acting Chairman. It is in New Jersey.

Mr. Neale. I do not think there is any requirement that it shall

be marked as to its weight. Is that a matter of State regulation or national regulation ? The Acting Chairman. State.
240 BUREAU OF STANDARDS.

Mr. HoLBROOK. I do not think there has been any provision ia

the pure-food law requiring oleomargarine to be marked with its

weight imtil the passage of the amendment which we have discussed.

And even now that there is such a provision in the Federal law, it

is advisable to include it in the State law also, in order to ^ve the

State and city sealers of weights and measures concurrent jurisdiction with the pure-food inspectors in enforcing the provisions, and

also to include mtrastate shipments. Let me suggest as to the wording that if you will leave it to us we can include oleomargarine and

process and renovated butter in the section without any difficulty.

The Secretary. I thiak probably there are some decisions on

that point already, as to what is meant by "butter," so that I think

we can amend that m such a way that it wiU be looked out for and

be in conformity with any national practice.

The Acting Chairman. As I understand it, you accept the amendment offered by Mr. Cluett ? Mr. HoLBRooK. Yes.

The Acting Chairman. Are there any other remarks, gentlemen,

on section 4 as amended by Mr. Cluett to include process butter and

oleomargarine ? (The question was taken and the section was adopted.)

Mr. Montgomery. Jklr. Chairman, I would like to ask Mr. Holbrook

a question. Does this section regulate the sale of butter that is brought to town by the small farmer, probably once a week, incidentally, with potatoes and other thing? ? Mr. Holbrook. Yes, sir. Mr. Montgomery. Where the housewife prepares three or four

rolls of butter, with possibly two or three or as much as 5 pounds

in a roll, in these small country towns ? Mr. Holbrook. Yes. He is allowed to put that up in pounds,

half pounds, quarter pounds, one and a half potmds, or any multiple

of one pound.

The Acting Chairman. And use a rubber stamp for the marking

if necessary.

Mr. Neale. May I ask if he could sell it by the jar?

Mr. Holbrook. That would not be covered under this section.

This section refers to prints, bricks, or rolls. Mr. Montgomery. It seems to me, Mr. Chairman, that it would

work a hardship on these small farmers, who do not have any scales or any way to regulate the weight of their butter, to make the housewives, especially back in the hills of West Virginia, put up their butter

in 5 or 10 pound boxes and bring it to the stores. The housewives

back in our country simply put into a roll whatever their chiuriing

makes, and bring it to the country store.

Mr. Holbrook. In a container—in a box, for instance ? Mr. Montgomery. Yes.

Mr. Holbrook. Well, if it is in a box, our net-contents-of-container

section has aheady covered that matter. It would have to be

stamped with its weight, anyhow. I think it is necessary. There is no reason why the creamery company should be required to sell full

weight, or sell in certain sizes, when the farnfer is not required to do
EIGHTH CONFEKENCE OF WEIGHTS AND MEASURES. 241

SO. The farmer, if necessary, could bring his butter in, if he did not

have a scale—and I think most farmers have some kind of a scale,

although I will defer to you ia that matter as regards West Virginia—and before selling it he could weigh it on the scale of the merchant to whom he was selling it, and mark it at that time. If he

marks it before sale, that is all that is necessary. The weighing,

of course, would be required to be done anyway, and the marking

would simply follow as a matter of course. Mr. Montgomery. He has got to mark it in a peculiar way. He

must have a certain stamp, must he not ? Mr. HoLBROOK. He must mark it in letters at least one-quarter of

an iach square.

Mr. Goodwin. Mr.^ Holbrook, may I ask you if a common pencil

mark would be sufficient to designate the net weight of that butter ? Mr. Holbrook. I think not; not the way the section is worded.

It should be printed or stamped with a rubber stamp.

Mr. Goodwin. You do not say so, do you ? Mr. Holbrook. Yes; it says "Gothic type."

Mr. Goodwin. I think it is goin^ to create a hardship upon these

producers who bring in smaU quantities.

Mr. Holbrook. The stamp can be purchased for almost nothing,

and can be kept either by the farmer himself or by the grocer who

takes in a large amount of butter from the farmers. I do not think

there would be any difficulty in enforcing the section, as long as a rubber stamp in those cases wUl cover the matter.

Mr. Goodwin. Mr. Chairman, I believe there are some sections of

this country where it would be almost impossible for a farmer to get

a rubber stamp; he might not be able to get one within a hundred

miles of where he lived, and I think that is going to cause a hardship

to the farmer—to the producer.

Mr. Holbrook. I would call to your attention, Mr. Goodwin, that

if this is not sold in the form of a print, brick, or roll—all these words

have very definite meanings—it would not have to be marked under

this section, but would have to be marked under a section that we

have already considered—the net-container section; and this particular style of type here is used only when it is sold in prints, bricks, or rolls. It does not include a wooden container, but includes merely

some kind of a paraffin wrapper or cardboard box, which, as I have

already stated, could be printed at practically no expense whatever.

Mr. Goodwin. Then, as I understand the subject, the farmer or producer can bring this butter to market and sell it in a lump of a

designated quantity without any printing being required ? Mr. Holbrook. No.

Mr. Richardson. Mr. Holbrook, in the country a great many smaU

farmers that make butter in small quantities pack it in what is known

as a firkin, made to hold about 25 pounds, I think, as a rule. If they

send that firkin in to market and sell it, would they have to stamp

"25 pounds" on it?

Mr. Holbrook. Not under the provisions of this section. This

section refers only to butter in prints, bricks, or roUs ; but under the

28670°—14 16
\

242 BUREAU OF STANDARDS.

provisions of the net-contents-of-contaiaer section he would be obliged

to stamp that fii'kin with its net weight.

Mr. Richardson. Before he could sell it ? ]Mr. HoLBROOK. That is right. But I would suggest again that

that is not under the provisions of this section; it is imder the provisions of the section that we have akeady considered.

Mr. Ferner. I would like to ask one question. Would the stamping of the weight into the butter with the die that makes the print be

permissible ? Mr. HoLBROOK. It states that it must be on the principal label,

where there is such a label ; otherwise on the outside wrapper thereof.

Stamping the weight of the butter in the butter itself would be unsatisfactory, I believe.

The Acting Chairman. The section is already adopted, gentlemen.

Mr. HoLBROOK. The next section which I will read I will call the

proposed section for the model law relating to the marking of certain

textiles.

In framing the net-contents-of-container provision it seemed almost

impossible to include in that section various things such as spools

of thread, balls of twine, bolts of cloth, etc., since in some cases these

may not, strictly speaking, be considered packages since they are not

put up in receptacles as required in the defijnition of ''package"

contained in that section. Therefore, inasmuch as we believe that

textiles—thread, silk, cotton, etc.—should be marked, I have taken

this matter up in a special section which is in the nature of a netcentents-of-contatner section for these commodities. I wUl read

this section.

It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell any

commodity composed in whole or in part of cotton, wool, linen, or silk, or any other textile material on a spool or similar holder, or in a container or band, or in a bolt or roll, or in a ball, coil, or skein, or in any similar manner, unless the net amount of the commodity

in terms of weight or measure shall be definitely, plainly, and conspicuously marked

on the principal label, if there be such a label; otherwise on a wrapper, band, or tag

attached thereto. The words "spool or similar holder, container or band, bolt or

roll, or ball, coil, or skein " shall be construed to include the spool or similar holder,

container or band, bolt or roll, or ball, coil, or skein put up by the manufacturer; or when put up prior to the order of the commodity by the vendor. It shall be held to include both the wholesale and the retail package.

Mr. Cluett, Mr. President, as I understand it, the net-weight bill

now takes in only foods. Am I right in that ? Mr. HoLBROOK, That is the national law; yes.

Mr. Cluett. Now, since we are getting away from food and getting

down to something that is neither, why not make a change in there

and say "All articles put up in package form"—tacks, toothpicks,

and everything else ? Mr. HoLBROOK. We have already done that; but the difficulty is

that these are put up in a pecuUar way. For instance, a ball of twine

is usually not in a receptacle. So we have worded this section in order

to cover things which it did not seem possible to cover in that general

section, this merely being a section which enlarges the provisions of

the net-contents-of-container section . We have covered all commodities which are put up in package form, according to our definition, in
EIGHTH CONFEBENCE OF WEIGHTS AND MEASUEES. 243

the other section; but a package might not be held to include a ball

of twine, for instance. It might not be held to include a spool of

thread, because a spool is a holder rather than a receptacle. I was

impressed by this difficulty, and finally decided that if we took care

of these special commodities, which we do not seem to be able to

specify in that section with exactness, in a special section, that would

cover the matter in a satisfactory manner.

Mr. Clark. I would like to ask if that applies to the marking of

spools of thread by length ? Mr. HoLBKOOK. It requires spools of thread to be marked in either

way—by weight or measure. The Acting Chairman. Motions are in order to adopt this section.

Mr. WooLLEY. Mr. Chairman, I move that this section be adopted.

Mr. Goodwin. I second the motion.

Mr. Clark. I do not like to interrupt; but it seems to me that

ribbons are not included.

Mr. HoLBROOK. Ribbons would be included, in my opinion.

Mr. Clark. They are sold by the yard. I thought you said it

applied to weight only.

Mr. HoLBROOK. No. The wording is, "unless the net amount of

the commodity in terms of weight or measure shaU be definitely

stated."

(The question was taken and the section was adopted.)

Mr. HoLBROOK. The next section relates to the manner of sale of

berries and small fruits. I do not think it is necessary to make any

explanation of this section at all. I wiU read it:

It shall be unlawful to sell or offer to sell any berries or small fruits in any other manner than by weight, dry measure, or in the containers described in this section. It

shall be unla^\dful to procure or keep for the purpose of sale, offer or expose for sale,

sell, or give away baskets or other open containers for berries or small fruits, holding one quart or less, or to procure or keep for the purpose of sale, offer or expose for sale, or sell berries or small fruits in baskets or other open containers, holding one quart or

less, of any other than the following capacities, when level full: One quart, one pint, or one-half pint, standard dry measure. Mr. Cluett. Would it not be weU to insert in there the word

" fresh —fresh berries? That would include aU—fresh fruits as well

as dry fruits.

Mr. HoLBROOK. It includes aU. It says, "berries or small fruits"

shall be sold "by weight, dry measure, or in the containers described

in this section."

Mr. Cluett. All right.

Mr. Montgomery. Mr. Chairman, I move the adoption of the sec- tion as read.

Mr. HoLBROOK. If I might interrupt there just a minute, I have

worded two sections in this regard, one of which covers berry or

small-fruit baskets in sizes of 1 quart or less, and the other covering

them in aU sizes. Now, there might be some discussion as to whether

you want to regulate all baskets for berries and small fruits—that is,

not limit the sizes. I will read the other section. The first sentence

is the same. The remainder of the section is as follows:

It shall be imlawful to procure or keep for the purpose or sale, offer or expose for

sale, sell, or give away baskets or other open containers for berries or small fruits, or
244 BUREAU OF STANDARDS.

to procure or keep for the purpose of sale, offer or expose for sale, or sell berries or small

fruits in baskets or other open containers, of any other than the following capacities,

when level full: One quart, one pint, or one-half pint, standard dry measure, or sizes obtained by successively multiplying the standard dry quart by two. One regulates baskets holding 1 quart or less, and ignores other

baskets, although I believe berries or small fruits are seldom sold

ia baskets larger than 1 quart. The other provides for those sizes

and the sizes obtained by successively multiplying the standard dry

quart by 2, which would include 2, 4, 8, etc. Mr. Neale. Mr. Holbrook, inasmuch as this convention yesterday

indorsed, or rather put over, a very sweeping suggestion of selHng by

weight rather than oy measure, this becomes, then, a special case of measure. Mr. Holbrook. Yes. I think that even in those States (such as Ohio and Massachusetts) where they require vegetables, etc., to be

sold by weight, there is an exemption in favor of small fruits behig

sold by the basket, inasmuch as these commodities are very difficult

to handle without destroying the product. Is not that true, Mr.

Woolley?

Mr. Woolley. Yes.

Mr. Montgomery. I now renew my motion, Mr. Chairman,

Mr. Holbrook. The question is, to which section do you refer—do

you prefer to regulate baskets holduig 1 quart or less, or baskets

of all sizes; that is, requiring them to be in multiples of the dry

quart—2, 4, 8, and 16.

The Acting Chairman. How about peaches ? Mr. Holbrook. I do not believe peaches and plums are included

under the term "berries or small fruits."

The Secretary. I think they are generally included by dealers. I

think they have plums certainly as small fruit. That question came

up in Congress in connection with grapes, and they continually re- ferred to peaches and plums as small fruit. That seemed to be the

impression of the gentlemen who represented the produce exchanges,

etc., and that is what they had intended to cover. Mr. Neale. Mr. Chairman, when the recent law passed in Minnesota, covering the subject—which was worked over pretty carefully

by Dr. Reichmann, Mr. Emery and myself last fall together—^was put

up to our people they thought " all berries and small fruits " was indefinite and would lead to aU lands of trouble in court ; and the lawyer who

framed the law defined the kinds of fruit and berries—strawberries,

blackberries, etc., plums, quinces, and small fruits of that character.

He thought that to define what kinds were meant would do away with

the q^uestion of what is a small fruit. Do you think, Mr. Holbrook,

that it would make it too bulky to name the berries and smaU fruits

that you refer to ? I beUeve it would strengthen it to make it specific.

Mr. Holbrook. As a general proposition, Mr. Neale, I do not like

the specific section, because when you have a specific section an omission of a certain commodity is fatal as far as that commodity is concerned. For instance, you might omit something that ought to be

covered, and it would than require a special amendment to cover it. I think the Century Dictionary has a specific definition of the term

"berries and small fruits." I will look this up.
EIGHTH CONFEEENCE OF WEIGHTS AND MEASUKES. 245

Mr. Clark. Mr. Chairman, I wanted to offer a suggestion in regard

to those baskets of a larger size than the quart. It would not affect us in Massachusetts, because we have a law there which says that

fruits and vegetables for which a legal weight has been established

shall be sold only by weight; but if we had not that law, we have

found in the past that the peddlers would go around selling a peck of

peaches, for instance, and they would only hold six quarts to a basket.

Now, it seems that in the States where they have a law enabling them

to do that, it would be weU for all baskets over the size of one quart,

for instance, to be marked as to their contents—either 2, 4, 6, or 8

quarts—so that the party purchasing would know what he was buying.

Mr. HoLBROOK. I think, perhaps, in view of the fact that the conference has gone strongly on record as being in favor of the sale of all

these commodities by weight—not these commodities particularly, but

all cormnodities by weight wherever possible—that it might be advisable to pass a section which simply standardizes the quart, pint, and

half-pint baskets, and stop there, so that when they seU berries in

larger amounts than one quart we recommend that they be obliged to

sell them by weight—that is, just standardize the quart, pint, and

half-pint boxes, thus making a special exception in that case—because

I think we all recognize that it will not be feasible to sell berries and

small fruits by weight in these small amounts. Raspberries would be

in very poor condition, I think, after they had been weighed out

once or twice, and it would be unfair to the purchaser. That is an

exemption that is made in every State so far as it requires berries to

be sold by weight. I think all of them have a berry-box provision

allowing these things to be sold in these quart, pint, or half-pint boxes.

Mr. Neale. As I understand it, you are now deferring action on

these two last proposed amendments pending that definition ? Mr. HoLBROOK. Yes; we might decide, pending that, if it is the

wish of the conference, simply to use the section referring to quarts

and smaller baskets, and then we can decide on the other point afterwards. What do you think about that, Mr. Fischer?

The Secretary. I think that is all right.

Mr. Montgomery. Mr. Chairman, I would like to ask Mr. Holbrook

a question. Do we have a section that regulates the sale of peaches,

apples, and pears in bulks—that is, in half-bushel or bushel baskets, or

barrels ? Mr. Holbrook. No specific section; no. Mr. Montgomery. That is becoming a great industry in West Virginia. We are putting in great peach orchards and apple orchards

down there. They send what they claim to be half-bushel and bushel

baskets to the consumers in West Virginia, and then they ship their

apples, peaches and pears out in barrels to every State.

Mr. Holbrook. Yes, sir; but consider that the conference should

be consistent. Now, yesterday we said that it was the sense of this

conference that all these things should be sold by weight. Now, if to-day we pass another section regulating the size of baskets in which

those things are sold, we rather go back on our action of yesterday;

and the reason I am introducing this berry-box section at aU is

that these small packages of berries should be exception to the sentiment expressed yesterday, and I think the conference so agrees.
246 BUREAU OF STANDARDS.

I now have the Century Dictionary definition of the word "berry."

I am rather sorry I started this. [Reading:]

Berry. Teclinically, a simple fruit in which the entire pericarp is fleshy, excepting

the outer skin or epicarp, as the banana, tomato, grape, currant, etc. That does not mean much to me. That is the technical definition.

Here is another definition given.

In ordinary use, any small pulpy fruit, as the huckleberry, strawberry, blackberry,

mulberry, checkerberry, etc., of which only the first is a berry in the technical sense. Now, I am no easier with the Century Dictionary before me than

I was laefore. It was a matter of recollection with me that there

was a specific definition there of the whole phrase "berries and small

fruits," but I do not find it. So it is merely a question of what you

desire to do as to defining—whether you will leave it "berries and

small fruits." I would say that the section is adopted in that way

in a great many States, and they do not seem to have any trouble

in enforcing the law; but if you want to define berries and small

fruits specifically some wording should be suggested.

Mr. Neale. Sr. President, having Just come out of the battle,

which was fought over pretty thoroughly two or three months ago,

let me say that our lawyers there figured that to specify eight or ten

kinds of berries and fruits—plums, cherries, quinces, apricots, etc.

would be much safer in court, because, although it seems remarkable,

sometimes you can not say what is a berry and what is not a berry

unless it is specified for you. If we can not define it here, with the

aid of Mr. Holbrook and his celebrated dictionary, how is the man in

the field going to define it ? I would be in favor of specifying if possible.

Mr. Holbrook. It is a fruit in which the entire pericarp is fleshy

excepting the epicarp, or something hke that; but a specific wording

would have to be suggested. We have used "berries and smaU

fruits." If it is the sense of the convention to specify these things,

I think you might leave it in my hands and I will look up aU the

berries and aU the small fruits and include them in the section.

Mr. Clark. Mr. Chairman, we have specified various berries in

this way: "Strawberries, blackberries, cherries, currants, gooseberries, raspberries, and berries of a similar nature."

Mr. Holbrook. Mr. Neale has objected to "berries of a similar

nature," since it is difficult to teU how similar a thing is. I do not

know whether that is a very strong objection or not.

Mr. Neale. We have it in our law.

The Acting Chairman. In New Jersey it is "berries and smaU

fruits."

The Secretary. Mr. Chairman, has there ever been any question

as to what was meant by that ? The Acting Chairman. My interpretation is that it includes apricots, peaches

The Secretary. But I mean has there been any question as to

the interpretation ? Now, I got the impression that berries and small

fruits meant a very definite thing. All these gentlemen that appeared

in favor of this bill in Congress never raised the question as to what
EIGHTH CONFERENCE OF "WEIGHTS AND MEASUBES. 247

was included. Of course, they may not have been quite as thorough

as we are. They simply talked as though berries and small fruits

were definite things, and that everybody understood exactly what

was meant by that phrase. But to show how doubtful that was,

of course I myself got the impression that it included plums and

peaches.

Mr. Neale. How about small pears?

The Secretary. Perhaps small pears; that would certainly be

small fruit.

Mx. Neale. How about ordinary pears—normal-sized pears ? The Secretary. They are not generally sold in quart boxes.

Mr. Radcliffe. Mr. Chairman, in Ohio we sueaK of "berries and

smaU fruits." We do not include apples and' peaches. We have

provided tliat apples, peaches, tomatoes, and all those things shall be

sold by weight, and when we speak of berries and small fruits we mean

berries like the strawberry, raspberry, blackberry, and berries like

that—small berries.

Mr. HoLBROOK. I wiU send for another volume of the Century

Dictionary. I am positive that somewhere I have run across an

exact definition of berries and small fruits as used in the produce

trade ; but where I found it I do not know.

The Secretary. Mr. Chairman, would not the whole thing be

settled if we were to adopt this section as proposed by Mr. Holbrook,

and then include in it a definition of what we meant, which he might

supply later ? Is not that a feasible suggestion, Mr. Holbrook ? Mr. Holbrook. That would be perfectly feasible. The question

merely revolves around whether you want to make that specific or whether you want to leave it general. In most States it is left general,

and I do not believe there would be any difficulty with a general sec- tion of that character. But if you want to be specific, of course it is a very easy matter to leave it with us to simply include, as I said, in

the definition of berries and small fruits, all the berries and small

fruits we can find.

Mr. Metcalf. What would be the objection tb making it specific ? Mr. Holbrook. The objection to making anything specific is that

an omission is fatal—that is, a general wording covers everything you

want to include, but just as soon as you make the wording specific

you are bound to leave out some important thing and your law is

inoperative in regard to that particular thing. That is the only

objection to it. The Secretary. Mr. Chairman, I do not want it understood that

I am in favor of making the thing specific at all, but I understood that

that was the general sense of the meeting, and I merely mentioned that

in case it was. I quite agree with Mr. Holbrook that it is perfectly

safe to leave it general; but there has been a good deal of argument

against that, and I merely suggested the other in case that was not

the sense of the meeting.

Mr. Neale. Mr. President, perhaps I was making all the noise

there was against it, and inasmuch as I yield to people who know as much as or more than I do about it, I move now that we accept the

proposed section as read by Mr. Holbrook.
248 BUREAU OF STANDAEDS.

Mr. Cluett. Could that be covered by saying all fresh berries or

fruits of a less diameter or dimension than"—specifying a size?

Then you would not have to specify each one. Mr. HoLBROOK. Inasmuch as we have limited these things to the

quart, pint, and half-pint, it seems to me that there is not going to

be much trouble. Very few apples or other large fruits are sold by

the quart anyhow ; they are sold in larger-sized packages.

Mr. WooLLEY. Mr. Chairman, I believe, in view of the fact that my

friend on the right (Mr. Neale) has yielded, we can go ahead and adopt

this section. The purpose is to avoid the diflBculty of selling these

fragile berries by weight, and I believe that this wili serve the purpose.

The Acting Chairman. You made the motion, Mr. Neale ? Mr. WooLLET. I am in favor of the motion.

Mr. Neale. I now remember there were two berry-box propositions. Which one did you settle on ? Mr. HoLBROOK. I believe it was decided that we standardize the

quart and smaller baskets only.

Mr. Neale. What did you propose to do with the multiples ? Mr. HoLBROOK. In view of the fact that yesterday we decided

that all products should be sold by weight, we decided to limit the

exceptions to the quart, pint, and half-pint boxes, and recommended

that the others—in accordance with our action of yesterday—be

sold by weight, inasmuch as by making such a large exception as standardizing baskets of all sizes, you would practicaUy rescmd your

resolution of yesterday.

Mr. Neale. I understand, Mi. President. I stand on the motion.

(The motion was seconded and the section was adopted.)

Mr. HoLBROOK. We have framed a section standardizing the barrel

for fruits, vegetables, and produce ; and once again I think we will

have no difficulty, because the conference, if they want to be consistent, should stand by their action of yesterday, by which, if I am

not mistaken, the Tuttle bill was indorsed. Is not that correct, Mr.

Fischer ? The Secretary. Yes.

Mr. HoLBROOK. Then the size of the barrel desired has already

been fixed by the conference, and this section should conform substantially with the provisions of that bill. There is a question in my

as far as the barrel itself is concerned all ready. I will read it: The standard barrel for fruits, vegetables, and produce shall be of the following

dimensions when measured without distension of its parts: Diameter of head inside

of staves, 17| inches; distance between heads, inside mefisurement, 26 inches; the

outside bilge or circumference not less than 64 inches; and the thickness of staves not more than four-tenths of an inch: Provided, That any ban-el of a different form having

the same distance between heads and a capacity of 7,056 cubic inches shall be a standard

baiTel. It shall be unlawful for any person to offer or expose for sale or sell any other

barrel for fruits, vegetables, or produce, or any fruits, vegetables, or produce in other

barrels than the standard barrel as defined in this section, or the subdivision thereof

known as the half barrel. Now, that last clause seems to me to be a defect in the Tuttle bUl,

inasmuch as they have first, with very great particularity, stated the

size and shape of the barrel, and then seem to have thrown in their

I have the section
EIGHTH CONFEKENCE OF WEIGHTS AND MEASUKES, 249

half barrel afterwards without very much consideration. The half

barrel, providing it holds half of 7,056 cubic inches, might be, so far as the law is concerned, of any shape whatever. It might be flat; it

might be tall. They have considered it necessary to specify with

some degree of exactness the dimensions, and consequently the shape

of the barrel, and yet no one can be sure what form a half barrel

would take imder that law.

The Secretary. The fact of the matter is that the people who are behind that law are, of course, more interested in the barrel than any

thing else. They want a barrel, and they had not thought very much

about half barrels. But it does seem to me that the question which

Mr. Holbrook has raised—and which has been raised before, of course

ought to be settled. If we are going to specify the dimensions of

the barrel and also permit a half barrel we ought to specify that

very clearly.

While I am on my feet I would also like to explain why I think a

barrel is necessary. Although it seems to be a contradiction of our

action yesterday, declaring that everything shall be sold by weight,

we all know that there is a tremendous business in barrels—for instance, in apples sold by the barrel. You can not determine the

weight of them; I mean it is an impracticable proposition. The

farmer puts up his crop of apples or potatoes, as the case may be,

and he would nave to be stamping every one of those barrels differently, and the merchant who received them would have to be going

over them and adding up all these various weights. So there is a need for a container of that size, and I do not believe that if we did

not provide for that we would really be doing our duty. That is a

container that is in common use, and there is a need for it. Mr. Goodwin. I would like to ask Mr. Fischer if this would conflict in any way with the standard apple barrel which is now provided

for by law.

The Secretary. It is exactly the standard apple barrel.

Mr. Goodwin. To be adopted for aU other purposes ? The Secretary. Yes ; there is some slight difference in the deflnition, but it is intended to be exactly the same barrel, and wiU not in

any way alter the present law in regard to the apjjle barrel. But I

want to say that that apple barrel is entirely permissive. Of course

there is nothing in the act requiring it to be used. It simply states

that if you do seU apples imaer that law and mark them m such a

way as to get the protection of that law they must be packed in a

certain way and in a barrel of a definite size. This supplements the

Sulzer Act and simply brings in not only apples but potatoes and pears

and everything else that is packed in a barrel and sold by the barrel.

Mr. Clark. Would that do away with our present cranberry

barrel ? The Secretary. Well, the Tuttle biU exempts cranberries. Now,

the cranberry people are very well organized. They came over there

to Congress and told them about the peculiarities of the cranberry.

Apparently it is a very delicate fruit, that has to be packed in a

barrel of a very definite size. I do not know how they came to

select the barrel that they use at the present time, and get it just to
250 BUREAU OF STANDABDS.

suit them, but apparently it just suits them; and if we were to pack

this deUcate fruit in barrels of the standard size I think the world

would come to an end. This barrel is only an inch higher than their

barrel. In the barrel that they use, the distance between the heads

is 25 inches, whereas the standard barrel is 26; and my recollection

of the matter is that in most cases (where they are sold at retail, at

any rate) the barrel stands on end, and the maximum pressure that

you get is that due to the height of the barrel. It is the difference

between having 26 inches and 25 inches pressure.

Mr. Cluett. Is it possible that the cranberry growers have got a

25-years' supply of barrels made up that they want to get rid of ? The wSeceetart. I do not think that is it. They daim that it

contains a hundred quarts. I expressed myself up there one day

very much as I did here, and they got the impression that I was

opposed to this exemption, and in about four days I got letters from

all over the country arguing for this barrel and saying that it contained exactly a hundred pounds—well, I think about half of them

said a hundred pounds and half of them said a hundred quarts.

Well, it does contain about a hundred pounds and a hundred quarts,

but they are liquid quarts. I do not think there is any real argument

in favor of it, except that they are, of course, very well organized

and they would defeat, no doubt, the passage of this bill imless they

are exempted. The three States of New Jersey, Wisconsin, and, 1

believe, Massachusetts have already specified in their laws the barrel

that they want, and it was a case of either exempting that cranberry

barrel from the operation of the law or else having the bill defeated.

Mr. Cluett, I would like to state that the grocers in Chicago

made a complaint at one time that the cranberry barrel was supposed

to contain 100 pounds, and they all thought it was a hundred pounds,

but when the price of cranberries went up the barrel shrunk to 87,

without any notice being given them whatever. That does not look

as though they want the same size barrel all the time.

The Secretary. Well, I would not hke to guarantee that they did.

They are wilUng, however, to have their barrel standardized. They

do want that. They wanted a provision put in this act standardizing

their barrel, but that has not been done. Mr. Tuttle himself comes

from a State that has a very big cranberry industry, and, of course,

he does not feel, I suppose, hke antagonizing these people too much.

I know that personally he is not convinced that there is any necessity

for exempting it, but he is merely doing it because he thinks he has

got to do it to get the bill through, and perhaps also because of the

fact that there is great opposition in his own State. I understand

also that some of the prominent_ gentlemen at the Capitol are also

opposed to it—that is, they are in favor of the exemption of cranberries from the operation of this law—and altogether it looks as though we had either to exempt them or get no barrel,

Mr. Goodwin. Mr. Chairman, as the size of the standard barrel

that we are talking about here is slightly larger than the cranberry

barrel now in use, I can not see where it would be any hardship for

the cranberry shipper to use the standard barrel. If it was some-
EIGHTH CONFEREKCE OF WEIGHTS AND MEASUEES. 251

thing that was going to cut off a certain amount of the commodity

that they are now selling in barrels, then I can see where there would

be an objection; but as long as it will contain the contents of the

barrel they are now using, I think that would be aU that is necessary,

and I think they could adapt themselves to the standard barrel.

Mr. Neale. Mr. Chairman, I agree with Mr. Fischer. I believe

those people are right in their contention, Mr. Goodwin. We heard

them argue for several hours, and with all sincerity, that that kind

of fruit would not stand a larger container than the barrel they were

using, and I do not believe we would gain anything by going against

the proposition now, when they had practically convinced the Committee on Coinage, Weights, and Measures that they were right. Is

not that your opinion, Mr. Fischer?

The Secretary. Why, inasmuch as we have indorsed the Tuttle

bill, I do not think we ought to take any action going back on that

at the present time. Inasmuch as I feel that that was somewhat

taken on faith, I would like to explain to the gentleman that when I

asked that that bill be indorsed, it was with the understanding that

we could not get anything better than that, and I do not believe we

can; and I would not hke to see anything done at this time that

would in any way interfere with our indorsement of that bill. But

this proposition here is an entirely new one. If the States in which

the cranberry barrel has been standardized would repeal that law,

and aU the States adopt this law, there would be no further argument

for the cranberry barrel, because under the State laws they would

be compelled to sell in the regidar barrel, and, of course, in that case they would withdraw their opposition just exactly as the people

who were opposed to the net weight container bill withdrew their

opposition when they found that the States had begun to enact

these laws. As I understand it, Mr. Holbrook, you are not proposing that the cranberry barrel be exempted, are you ? Mr. Holbrook. No.

Mr. Richardson. I would like to ask a question before you put

that motion. Did not that resolution that we passed yesterday

about selling by weight include apples in barrels ? The Acting Chairman. I do not think it did.

Mr. Richardson. I think it does. Why is this argument about

the size of the barrel ? Will not that eliminate all measures ? The Secretary. Mr. Chairman, I thought I explained that a little

while ago. There is a good deal of need—in fact, there is a necessity

for excluding that. You can not do away with the barrel. Barrels

of apples are going to be shipped from one end of this country to

another, no matter what you do.

Mr. Richardson. Sell them by weight.

The Secretary. It is impossible to determine that. I am simply

saying that this is an exception the same as berries are an exception. The general rule, as I understand the sense of the conference,

is that in all retail trade, at any rate, things will be sold by weight

that can be sold by weight, and all dry commodities can be sold by

weight except a few things like berries; and in regard to the apples
252 BUEEATJ OF STANDARDS.

and other commodities sold in these barrels, when the barrel is

broken they can be sold by weight.

Mr. EiCHARDSON. I understand.

Mr. HoLBROOK. Now, you have heard all that I have written out

here, and so far as the barrel is concerned I think it is aU right. It

closely foUows the Tuttle biU. I think we should change the last

Une of this section, relating to the half barrel, and estabhsh something more definite; or, if you simply desire to standardize the

barrel, the section will stand as read, except that the reference to the

half barrel wiU be omitted.

The Secretary. I would suggest that that be done—simply

standardize the barrel and leave off all reference to half barrels

Mr. Goodwin. I think so. I second the motion.

Mr. HoLBROOK. In discussing the motion, I think one thing

ought to be pointed out. I think the Tuttle bill does not carry

any penalty for selling barrels that are not fiUed, which are not of

the proper size. This section is worded, "It shaU be imlawful for

any person to offer or expose for sale or sell any other barrels for

fruits, vegetables, or produce," etc. That will allow any size barrel

to be sold except a barrel for fruits, vegetables, or produce. Now,

the argument has been advanced that the manufacturer of barrels

never knows, or in many cases does not know, what his barrel

is going to be used for, and I admit that. But the necessity of proving the entire clause as it stands here would be upon the prosecutor,

and he would be obHged to prove not only that this man had sold a

barrel which was not of the proper size but also that this man had

sold a barrel for fruits, vegetables, and produce that was not of

the proper size. Now, if that man sold the barrels without knowing

what they were to be used for, that proof would be impossible. I

make it unlawful to seU barrels not of standard size for fruits, vegetables, and produce not yet filled, in order to protect an innocent

shipper who might order, specifically, ''produce barrels." He

might order, say, a thousand produce barrels, so specified, and the

manufacturer of barrels, having an illegal size on hand, might simply

sell them to him with the understanding that those were to be used

for produce. Now, if we did not put in this section a penalty for

selling barrels for those purposes which were not of the proper size,

the entire brunt of the enforcement of the law would fall upon an

entirely innocent party, the man who had ordered the produce

barrels, not upon the manufacturer who made and sold the barrels.

I think I have explained that possibly at sufficient length. It

would be necessary to prove under this law that a man sold a barrel

which was not standard, and sold it for the use of produce, etc., and

if all those elements were not proved it would be mapossible to convict the manufacturer.

Mr. Fischer and I have discussed this matter. You agree with

that, Mr. Fischer 1 The Secretary. Yes, I agree with that thoroughly. I think that

is very important.

Mr. WooiXEY. I move that the section be adopted, Mr. Chairman.

The motion was seconded, and the section was adopted.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 253

Mr. HoLBROOK. That simply standardizes the barrel without mentioning other sizes of containers at all. The final section which I desire to present comprises definitions.

The word "person" as used in this act shall be construed to import both the singular and plural, as the case demands, and shall include corporations, companies, societies, and associations. The words "weights, measures, or weighing or measuring devices" as used in this act shall be construed to include all weights, scales, beams, measures of every kind,

instruments and mechanical devices for weighing or measuring, and any appliances

and accessories connected with any or all such instruments.

The words "sell" or "sale" as used in this act shall be construed to include barter

and exchange.

Now, that is not at aU radical. We have used that long phraseology^ in several places in the former bill, and my amendment includes

cutting that down to the shorter phraseology and then defining it,

in order to save space, time, and difficulty.

Mr. Metcalf. 1 move the adoption of the section as read, Mr.

Chairman,

The motion was seconded, and the section was adopted.

Mr. HoLBROOK. That is the extent of the new sections, which I

have framed for the law.

Now, I think that it is going to waste a lot of time to read each

section which I desire to amend here, but it rests entirely with the

convention as to how we will consider the matter.

The Secretary. Mr. Chairman, I would suggest that Mr. Holbrook

give two or three typical cases, perhaps pick out the most important

ones, and indicate just about what their nature is; because it is going

to be an impossibility for him to explain aU these changes. He is

not changing, as I understand, the sense of any of them, but is merely

trjdng to put them in a little better form to assist in their enforcement—grouping certain ideas under definite headings, etc. Mr. WooLLET. Mr. Chairman, I would hke to ask, for information,

if we have not done already, in adopting these amendments, practically sufficient to get the law into proper form.

Mr. Holbrook. No; I think not. For this is a slightly different

proposition, of course, from what we have been going over. Those

were entirely new sections; these are shght changes in the sections as they now stand in the report. For instance, we split up a section

into several sections, and it is then necessary to change the phraseology; the word "he" in some cases must be made to read the State

superintendent of weights and measures," for instance, in order to

indicate whom we are talking about. That indicates the nature of

some of these changes.

Mr. Cluett. How soon could we get a copy of these amendments,

etc. ? The Secretary. I doubt very much whether it would be possible

for us to get copies of these to you inside of two weeks. Then you

would have to compare them, of course, with the original, as I understand it, in order to find out what the changes are. Mr. Holbrook. I can mention the important changes in five minutes.
254 BUREAU OF STANDARDS.

Mr, Clark. Mr. President, I notice in the reading of those specifications for the model law that the head of the State office is referred

to as the "superintendent of weights and measures." We are a lit- tle bit jealous of our standing in Massachusetts, and I would suggest

that instead of the word "superintendent" the word "commissioner" be used.

Mr. KiCHARDSON. Mr. Holbrook, I would ask if that law appears

in the report for 1911, page 95

Mr. Holbrook. No; the model law which we are talking about

appears in that same volume—the Sixth Annual Conference, 1911,

on page 151 et seq., entitled "Appendix."

Mr. Richardson. Oh, yes. Well, is there any change to be made

in the first section ? Mr. Holbrook. I strike out the words "by which all county and

municipal standards of weights and measures shaU be tried, proved,

and sealed," and substitute therefor the words "of weights and

measures." That is rendered necessary by the fact that we have

adopted a section which provides that county and municipal standards of weights and measures shall be sealed by office standards,

not by the State standards themselves.

Mr. Cluett. Was anything decided in regard to Mr. Clark's re- mark ? Mr. Clark. Mr. Chairman, in order to bring that before the meeting, I will make a motion that where the words "superintendent of

weights and measures" are used the words "commissioner of weights

and measures" be substituted. It seems to me it would give better

standing among the people than "superintendent."

Mr. Cluett. Might it not be well to leave that part open and leave

the title optional with the State ? "A rose by any other name would

smell as sweet," you know. What is the difference in the name?

Leave that to the State itself.

Mr. Holbrook. We already have a note to that effect on page 151

of the report for 1911. [Reading:]

"The aim of the conference is to have efficient laws governing

weights and measures in every State and Territory, and, so far as is

practicable, to have these laws uniform. It is not expected, however, that the laws shaU be uniform in all minor details; the titles

used, terms of office specified, bonds required, etc., in the model

regulations are only suggestive, and where not in conformity with

the general practices of a particular State or Territory should be

changed."

The Secretary. Mr. Chairman, if Mr. Clark will make his motion

a little differently I think that might be included. You might say

that the name "commissioner" shall also be inserted—that is,

"superintendent (commissioner)." I see no objection to that.

Mr. Cluett. No.

Mr. Clark. I wiU amend my motion in that way, in order that the

office as it exists in some States may be included in the wording of

this model regulation.

Mr. Goodwin. I second the motion.

The Acting Chairman. Are there any remarks ? The question was taken and the amendment was agreed to.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 255

Mr, HoLBROOK. There is one change here that I think there might

be some question about. That is in the coal section. It is not numbered here. It follows directly after section 10, on page 156 of the

Sixth Annual Conference Report. The section now reads: "It shall

be unlawful to sell or offer to sell in the State any coal or charcoal in

any other manner than by weight, except by written agreement to

the contrary." I believe that the words "except by written agreement to the contrary" should be stricken out.

Mr. Cluett. Does that include coke ? Mr. HoLBROOK. No; that does not include coke. At the time this

model law was adopted coke was included in the original section, but

was stricken out on the ground that coke would take up such a large

amount of water that selling it by weight would often lead to greater

frauds than selHng it by measure. I believe there was some discussion of that matter.

Mr. Ferner. I recently had occasion to look up the question of

how much moisture would be taken up by coke and found that the

amount was not as great as had been supposed; that the coke when

it is made is first drenched with water anyway, and it is a question

more of the degree of evaporation that has taken place, and not such

a very large amount may be put in. It seemed to me very feasible,

from my investigation, that coke should be sold by weight.

Mr. HoLBROOK. As a matter of record I might state that at the

time this section was adopted Mr. Connors moved that the word

"coke" be stricken out. Mr. Haskell believed that it should not be

included. The secretary of the conference seconded Mr. Connors's

motion to strike out the word "coke," and the amendment was

adopted. That will be found on pages 131-132 of the book that is

in your hands.

The Secretary. Mr. Chairman, in view of the uncertainty in

regard to that, I think we had better not include it at this time, at

any rate. I, myself, am doubtful as to whether coke ought to be

sold by measure or whether it would be more just to sell it by weight.

It is almost a toss-up.

Mr. Cluett. Don't you think, then, that the previous action of the

conference ought to settle it ? They are opposed to the sale of large

and bTilky fruits and vegetables except by weight, and it seems to me

that in order to be consistent coke should be included. It is large

and bulky and of an odd shape.

The Secretary. In view of that I will withdraw my objections.

I want to be consistent.

The Acting Chairman. Is that your motion, Mr. Cluett—to include coke ? Mr. Cluett. To include coke, yes.

Mr. Metcalf. I second the motion.

Mr. Neale. In writing our new law about two months ago we left

coke out, feeling that it was a coal product and would be considered

as coal. That is, our law was specifically like this—followed this, in

fact. We provided that coal and charcoal should be sold by weight

only, and when the question of coke came up we left that out purposely, assuming that it was of the coal family and would be so

considered.
256 BUBEAU OF STANDARDS.

The Secretary. And that it would be unnecessary to mention it ? Mr. Neale. That is what we felt. We figured out that coke is coal.

Mr. Connors. It does not seem to me that the question whether

coke is large and bulky enters into this thing at aU. It is a question

of the manufacture of the coke. When coke is made it is wet down.

Now, if they sell that coke by weight, everybody will sell it when it is

fresh; but if they sell it by measure you can get a fair quantity.

The moisture content is the whole thing in coke.

Mr. Neale. I do not think moisture m that case would lend to the

heating quaUty of the coke.

Mr. Connors. I think the average consumer would object to paying

for water when he is buying something else.

Mr. Neale. I think that is right.

The Acting Chairman. Ai-e there any other remarks on the

motion. The question is on the motion of Mr. Cluett that coke be

included in the section.

(The question was taken and the amendment was adopted.)

proposed. I desire to strike out the words "except by written

agreement to the contrary," and I would ask Mr. Henry specifically

if he agrees to that, because it was put into the original section at his

suggestion.

Mr. Henry. I am entirely agreeable to it; in fact, I advocate it; because at the time we put it in there was a big confusion in my mind

between the right of contract and the obligation of contract, and I

beg to apologize for putting it in.

Mr. HoLBROOK. Here is an amendment which I desire to make

in the penalty section (sec. 7), inasmuch as a question has arisen

in regard to the present section. This now reads: "Any perSQjj * * * ^]^Q shall sell or offer or expose for sale less than

the quantity he represents, or seU or offer or expose for sale any

such commodity in a manner contrary to law," etc. Now, it is

contended that if the buyer provides the scales by which the weight

is determined, tliis penalty section does not cover the matter. So

I add after the words "less than the quantity he represents" the

words '

' or shaU take or attempt to take more than the quantity he

represents when, as the buyer, he furnishes the weight, measure, or weighing or measuring device by means of which the amount of

commodity is determined." That covers a case where the buyer

weighs the commodity on his own scales. Is the amendment understood ? Mr. Neale. Mr. Chairman, I do not quite imderstand that language

"who shall take more than he represents." Is that just the right

way to word it?

Mr. HoLBROOK. I think you wUl find a distinction between the

word "take" and the word "receive." A man may receive more

than he desires to buy; he does not very often do it, but he may. But

the idea of the word "take" is more "to demand and receive." In

other words, it would not be simply accepting it if he were given

more, but it would be demanding and receiving more. For instance,

amendment which I
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 257

in the case of a legal weight of 60 pounds per bushel of potatoes,

I might receive 65 pounds and I would not be liable under this section, but if I took 65 pounds I would "demand and receive" that

amoxmt of commodity; I would force the man to give me 65 poimds

instead of 60 pounds.

Mr. Neale. "Represents" is what really struck me. I represent

to you that I sell you so much. Now, do you represent to me that

you are only taking so much ? Mr. HoLBROOK. In some cases, yes. For instance, a junk dealer

might take or attempt to take more than the quantity he represents

that he is taking. Now, the way I understand the wording is, that

the junk dealer using his own scale would weigh a certain quantity

of rags, or whatever it was, and he would perhaps represent that

the weight was 10 pounds, when in fact he might be taking 14 pounds.

That would be taking more than he represented to the seller.

Mr. Neale. He is doing the weighing?

Mr. HoLBROOK. Yes. "When, as the buyer, he furnishes the

weight, measure, or weighing or measuring device by means of which

the amount of commodity is determined."

Mr. Henry. Mr. Chairman, in case there is still an ambiguity in

regard to that, let me suggest that in Vermont at the last session we

made an amendment with the intention of covering that particular

matter, and the way it is worded there—and I feel pretty sure that the

attorney general gave his approval to the wording—was "whoever in

purchasing misrepresents the amount purchased." That is the same

idea, is it not?

Mr. HoLBROOK. Yes ; but I do not like the wording on the ground

that it is going to change this whole section, because we have not used

the word "misrepresents." You see, the wording we suggest is neces- sary in order to be coherent, since the section now reads "who shall

sell or offer or expose for sale less than the quantity he represents."

That section has been adopted by a great many States, and 1 dislike

to change it any more than necessary. I think it is perfectly clear

when we say that he "shall sell or offer or expose for sale less than the

quantity he represents," or when as a buyer he furnishes the scales,

weights, or measures, "shall take more than the quantity he represents." You see it is similar in phraseology to the section as already

adopted.

Mr. Cluett. We have an ordinance in Chicago that covers a similar

thing. It is worded in this way:

Any person, firm, or corporation measuring or weighing any article of merchandise

or commodity by dry, liquid, lineal, or superficial measurement, or by any unit of enumeration used in determining or measuring quantity, or by weight, for the purpose

of purchasing such article or commodity, who shall falsify the measure or weight of such article or commodity by representing the measure or weight of the same to be

either more or less than the true measure or weight thereof, shall be fined not less than

$25 nor more than §100 for each offense. Mr. HoLBROOK. Does Mr. Henry object to the phraseology that we

suggest ? Mr. Henry. No; I simply wanted to avoid an ambiguity.

28670°—14 17
258 BUEJEAU OF STANDARDS.

Mr, HoLBROOK. Mr. Neale, do you think the wording is all right,

now that it has been explained ? Mr. Neale. Yes ; it is clear enough for me.

Mr. Goodwin. I would like to suggest that we have a section in our

law which covers that subject, which says that whoever sells any commodity by weight or measure for a greater quantity than is actually

delivered to the purchaser shall be fined. I think that is covered in our State already.

The Acting Chairman. Now, gentlemen, motions are in order.

Mr. Cluett. I move that the amendment be accepted.

(The motion was seconded and the amendment was adopted.)

Mr. HoLBROOK. Now consider, if you will, a portion of section 5,

where we say:

He shall be paid a salary determined by such, board, said salary not to be less than

$1,000 a year, and no fee shall be charged by him or by the county for the inspecting,

testing, or sealing of weights, measures, or weighing and measuring devices.

Here we provided for a county sealer of weights and measures, but

by an oversight no deputies were provided for. We desire to amend

the section to read as follows

Whenever the board of county commissioners shall deem it necessary, they may

appoint and fix the salary of one or more deputy sealers of weights and measures. Such

deputy or deputies, when not appointed merely for some temporary purpose, shall hold

office for a term of five years from the date of their appointment, and all deputies appointed shall have the same powers and may perform the same duties as the county

sealer when acting under his instructions and at hia direction.

Mr. EiCHARDSON. I move the adoption of that amendment.

(The motion was seconded and the amendment was agreed to.)

Mr. Richardson. Before we leave section 5, I see it makes it

mandatory on the county commissioners to pay the county sealer a salary of $1,000. Now, I understand that this law is simply

suggestive in that respect. Am I right

The Secretary. That is all that it is intended to be.

Mr. Richardson. Because in my State we have a ^eat number

of small counties, where the supervisors would not thmk of paying

a sealer $1 ,000 a year.

Mr. HoLBROOK. Consider section 6, if you will. In section 6, as adopted here, we left out the term of office of the city sealer. The

term of office should be the same, I think, as that of the county

sealer. Therefore, we desire to amend the section in line 7 by

adding after the words "by and witii the advice and consent of the

common council" the words "for a term of five years." You have

already adopted this term of office for the county sealer. I will read

the rest of the amendment:

He shall be paid a salary to be determined by the common council, such salary not to be less than $1,000 a year, and no fee shall be charged by him or by the city

for the inspecting, testing, or sealing, or the repairing or adjusting of weights, measures, or weighing or measiu-ing devices. Whenever the mayor and common

council shall deem it necessary, one or more deputy sealers of weights and measures may be appointed and their salary fixed as above, who, when not appointed merely

for some temporary purpose, shall hold office for a term of five years from the date

of their appointment. All deputies appointed shall have the same powers and may

perform the same duties as the city sealer, when acting under his instructions and at

nis direction.
EIGHTH CONFEEENCE OP WEIGHTS AND MEASUBES. 259

These provisions already apply to county sealers. There is no

new matter here except the applying of it also to city sealers.

Mr. Richardson. In my State the tenure of office of State officials

is four years. Would it not be well to make the tenure of office of

the city sealer four years to correspond with that ? Mr. HoLBROOK. Personally I think that the more difference there

is in the tenure of office of the sealer and the other officials the better

off the sealer is going to be. If their terms of office run out all at

once, it encourages the removal of the sealer with every change of

politics. For instance, if the sealer's term expires at the same time

as the terms of the political officers of the county—I make this distinction since I contend that the sealer is not a political officer—then

it is natural that the incoming officers should at once make a clean

sweep of aU the officials whose terms are expiring and appoint new

men in their places; whereas if at the end of four years the poHtical

complexion or the jurisdiction changes and the sealer still holds office

for another year or more, at the end of that additional time there

will not be half as many hungry office seekers looking for the job,

because they will have quieted down somewhat; also the officials

will have had an opportunity of ascertaining whether or not the

sealer is a competent man. If he has been performing his duties

in a satisfactory manner, he may be continued in the office. I

beheve this provision will assist in the taking of the office of sealer

of weights and measures out of politics.

Mr. Cluett. I move the adoption of the amendment.

Mr. Goodwin. I second the motion.

(The question was taken, and the amendment was adopted.)

Mr. HoLBROOK. In the last paragraph of the law we have: "All

bread baked and kept for the purpose of sale, offered, or exposed for

sale, or sold in the State shall be sold by weight. " I desire to strike

out the words "baked and."

The section as it now stands is rather indefinite, because it says

"baked and kept in the State." We do not care whether bread is

baked in the State or not, provided it is sold in the State. The

words "baked and" I think are unnecessary there.

Mr. Cluett. I move the adoption of the amendment.

(The motion was seconded and the amendment was adopted.)

Mr. HoLBROOK. I can assure the delegates that those are all the

changes of any importance that are made in the law. The other

changes are entirely changes of phraseology, etc., and do not change

the idea of the sections at all. Finally, I have here, as I stated at first, two other forms of this

proposed law: One gives the State government exclusive control over the weights and measures in use in the State, without any local

sealers, the powers of the county and city sealers being assigned to a

State department of weights and measures. No other changes are made except those absolutely necessitated by that change in the

form of the law. The other form assigns the powers of the county

and city sealers to State inspectors in those districts in which no local

sealer is required to be appointed and specifies that there shall be a

local sealer in cities of over 25,000 and counties of over 20,000 popu-
260 BUREAU OF STANDARDS.

lation; that is, it allows the State deputies to have exclusive jurisdiction except in those counties or cities. No other changes are made in this bill except those changes in phraseology absolutely

necessitated by this change in the form of the law. Now, I would

suggest with that explanation that the conference adopt three

model bills which may be suggested to various States as local conditions require, framed along the lines which I have indicated.

]Mr. WooLLEY. Mx. Chairman, I move you that the suggestion of

Mr. Holbrook be adopted.

Mr. Goodwin. I second the motion.

(The question was taken, and the amendment was adopted.)

Mr. Holbrook. I thank you.

Mr. Richardson. Mr. Chairman, the object of the passage of this

law is simpler suggestive to the States, and as I understand it the main

object of this conference is to bring about a uniformity of weights

and measures all over the country. This being suggestive, it is

immaterial to this conference what kind of a law a State passes in

order to bring about uniformity. They can fix it to suit themselves.

This suggestion, of course, will be a good thing for them to go by.

The Acting Chairman. Yes.

Mr. Richardson. For instance, I know my legislature wiU make a good many changes in this, but it will not materially affect the

operation of the law.

The Secretary. Mr. Chairman, we have only a very few minutes

left between now and luncheon. Of course, we can meet after luncheon and continue just as long as you see fit; but before we adjourn I

want to present a matter that occurs to me which ought to be cleared

up. The committee on nominations yesterday did not bring in any

candidate for sergeant at arms, and they did not say anything about

aboUshing the office, so just what the status of that particular office

is at the present time is something that I do not understand. We

elected one last year, and that office still exists. Now, a motion

would be in order either to abolish the office, perhaps, or to elect

some such officer.

Mr. Richardson. Mr. Chairman, I believe I left the conference last

year before it adjourned. I learned from reports made afterwards

that the office of sergeant at arms was created. It seems to me that

in a body of this kind we do not need a sergeant at arms. Mr. Neale. Mr. President, as long as that office exists, and as long

as you have created the office of treasurer, I think it is useless to

elirninate that particular office, because possibly next year you would

have trouble enough so that you would have to create it again. So

I would be in favor of continuing that particular office as long as it

is on the list. I suppose the method of procedure would be to place

somebody in nomination.

The Acting Chairman. A motion to nominate somebody for that

office would be in order.

Mr. Neale. I would Hke to nominate the gentleman from Chicago,

who has been with us constantly for the last several years—Mr.

Cluett.
EIGHTH CONPEBENCE OF WEIGHTS AND MEASUKES. 261

Mr. Cluett. Mr. Chairman and gentlemen, I wish to say that I

decline the nomination of sergeant at arms. Mr. Metcalf. Mr. Chairman, it seems to me that a sergeant at

arms over a body of inteUigent men of this kind is absolutely unnecessary, and I believe the office ought to be abolished ii> deference to

the respect we have for the intelligence of the gentlemen who come

to this conference. If it is in order, sir, I move you that this office

be abolished.

(The motion was seconded.)

Mr. Richardson. Mr. Chairman, the brother from Illinois in his

tribute to the intelligence and good behavior of these fellows, has

voiced my reason for not wanting a sergeant at arras. (The question was taken and the motion was agreed, to.)

Mr. Howe. I would like to ask the Secretary if anything has been

done by this conference on the subject of testing United States

scales ? The Secretary. No.

]Mr. Howe. Now, that is a very serious question with every gentleman present. The United States Government has recently put out

thousands of scales for the postal service. The Bureau of Standards, as you know, has cooperated in inspecting those scales. Now,

those scales, as well as all other United States scales, should be

inspected regularly. The District of Columbia has spent a great deal

of time in testing United States scales, as an act of courtesy. Our

law exempts the testing of United States scales. We all know, after

the remarks of Mr. Briggs, and every practical sealer knows, that a

scale wiU always be against the buyer. The United States Government is nearly always the buyer. Now, take these thousands of

postal scales that have been put out. A lot of them bear the initials

of the inspectors of this bureau. That is not any warrant that those

scales are going to stay correct. It is not fair to this bureau or to

an^ seller of a scale to permit a scale to be continually used without

a regular inspection; and I feel that it is a matter of vital importance.

I tmnk the conference should go on record suggesting the regular

inspection of aU United States scales, especially now that the United

States Government has virtually gone into the express business. I

know of an instance in town here, and I wiU give it to you just as it

was told to me. A candy man fixed up a box of candy weighing 15

ounces gross weight to send by parcel post to his cousin, I think,

somewhere in New Jersey. He sent it down to the post office and

they collected the next rate over a pound, namely, 2 pounds. He

asked me if his scale was correct. I said, "Yes." "Well," he said,

"I made it 15 ounces so I would not have to pay the next rate, and

the postal authorities demanded the 2-pound rate." So that is

what you gentlemen are going to encounter. It is going to come

right down to the point where the United States Government must

have some sort of force and equipment to test their postal scales.

The city sealers have got a pretty big job to test these scales, particularly when they have no authority from the United States Government; so I think that is a matter which ought to be specially

arranged for.
262 BUREAU OF STANDARDS.

Mr. Goodwin. That is a question that came up in my State, and as my State and every other State is supposed to have United States

standards in its possession, don't you think it would be a good idea

for this conference to go on record as requesting authority from the

United States for the State sealer each and every year to test and

correct, if necessary, the scales used in the postal service? As this

gentleman says, they are virtually going into the express business,

and their scales are just as Uable to get out of order as any other

scales and, I beheve, ought to be tested annually. I think it would be

the proper thing for the Government authorities to have the right to

deputize the State sealers, and through them the local sealers, to test

the scales of the postal authorities in each and every State.

Mr. Howe. And with authority to condemn if not correct?

Mr. Goodwin. Oh! Certainly.

The Secretary. Mr. Chairman, if this association wiU go on record

as recommending to the Government that some inspection of its

apparatus is necessary and should be made, I think we will be going

just about as far as we ought to. Now, I do not think the Government is ever going to give you gentlemen authority to come in there

and condemn their apparatus ; they are certainly not going to do it

in the post offices. It you make that recommendation, I think that

the time is just about ripe for them to take some action; but I think

if you go beyond that pomt, you will be very apt to raise opposition.

Mr. Goodwin. Answering Mr. Fischer, I would state that the Government officials in the city of Providence have asked the city sealer

to examine their apparatus.

The Secretary. That has been done in a number of cases, and that

is the reason I think it is unnecessary for you to put in the other thing,

because that is exactly what they will do of their own accord, and

they may not do it if you word it the other way.

The Acting Chairman. In New Jersey we have no trouble whatever. We went to the postmaster and explained the reason why, and

there was no objection whatever.

Mr. Henry. I move that a resolution be drawn up by three members appointed by the chair, incorporating the suggestion which Mr.

Fischer has made, and that this resolution be sent to the proper

department.

Mr. Cluett. I second the motion.

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

The Acting Chairman. I wiU announce the committee, gentlemen. The committee will be Mr. Henry, Mr. WooUey, and Mr.

Cluett.

questions and answers.

The Secretary. We have one other matter on the program, and I

think it could be disposed of very quickly if you will take that up at

this time—the matter of questions. I have a few questions here, one

of which I propose to answer myself. That is: Has the city sealer the authority to test postal scales in post offices? If found

incorrect, what action, if any, is advisable?
EIGHTH CONFEBENCE OF WEIGHTS AND MEASUBES. 263

I think that question has been answered before. You have no

authority whatever, unless the post office sees fit to give it to you.

But I think that there will not be any doubt about that being done in

the future. It has been refused in the past, but these disclosiu'es

that have been recently made, I think, nave made the department

realize that they can not afford to have weights and measures in use throughout the country that are not correct. Not that they ever intended or ever supposed that they were incorrect; it was merely a matter of oversight. If you find them incorrect, of course the thing

to do is to caU the attention of the department to it at once.

I think that answers the question.

There was another question asked, as to the weight of a gallon of

milk, I beheve. Mr. loearce will answer that question.

Mr. Bearce. The bureau has been requested several times to

answer that question, and the best authority I know of is that of Dr.

Van Slyke, of the New York Experiment Station. According to his

measurement, the specific gravity of milk varies from 1.029 to 1.035

at 60° F. referred to water at 60° F. as unity. That gives a weight

per gallon varying from 8.57 to 8.62 pounds at 60° F. It is stated by

Dr. Van Slyke that that covers the range of all ordinary herd mUk, but

does not cover variations of individual animals. For ordinary pm--

poses, however, the value 8.60 is sufficiently close as the weight per

gallon of milk.

The Secretary. The next question is

:

The mining of coal is the chief industry in West Virginia. Many of the large minea

have never installed scales, and the coal mined is not weighed. Do any of our weights

and measures laws provide for the weighing of the coal dug by the miners? If not,

why not?

Mr. Holbrook, can you answer that question ? I know in a general

way that some of the States have laws on the subject.

Mr. Holbrook. Yes. West Virginia has a law which requires that

the coal mined by miners in the State shall be weighed over scales

to be provided by the corporations or companies engaged in the

business of miniag or selling coal by weight or measure. The ref- erence is to the Code of 1906, pages 176-178, sections 430 to 436,

inclusive. If the gentleman who asked that question is here, I can

let him have a copy of the law of his State upon that subject. I

have a copy here.

Mr. Montgomery. Mr. Chairman, I am familiar with that law, and

I know that that law is on the statute books of West Virginia; but

m the great coal fields up there the operators have not installed scales

at all. They pay the miners by the car. Mr. Holbrook. I will say regarding the enforcement of this law

that there is a paragraph in the report of the inspector of this bureau

on the weights and measures conditions in the city of Charleston,

made in 1909, in which it is stated that many of the corporations

are not maintaining scales and that coal is not being weighed at the

mines as required by law; also that the governor of the State receives a nimaber ofrequests each year that the law be enforced. The enforce- ment of weights and measures laws, however, seems to be much
264 BUREAU OF STANDARDS.

neglected in the State of West Virginia, and it appears to be a fact

that this law is not enforced at the present time; but there is a law

on the statute books.

The Secretary. Mr. Chairman, I have just one more question:

Should the specificationa for scales just issued or indorsed by this conference be

retroactive? That is, should the specifications affect scales in use before said specifications were issued?

In reply to that I might state that these specifications have got

to be adopted by the States before they will be in effect. The adoption of them by this conference does not put them into effect at all. This conference merely indorses them, and they wUl have to be

adopted by the States. Of course it was not the intention of the

committee—I do not think either Mr. Connors or myself had any

idea that they were going to go into immediate effect and exclude

the apparatus that did not conform to them at that time. It seems

to me that the desirable way of doing that would be to say that this

shall be in effect after a certain date, and perhaps give a little longer

date to which apparatus might be used that is now in use and does

not conform with it—make that date beyond the date at which the

new apparatus shall conform with it. That would have to be a matter,

I believe, for each State to decide for itself.

I think, Mr. Chairman, those are all the questions that we have

at the present time, and I move that we adjourn. Mr. Henry, I

believe, wants to make a motion that we adjourn to meet at 2 o'clock

for some business which he is anxious to bring before us. Mr. Henry,

I did not notice that you were here.

Mr. Henrt. There is that resolution, for one thing, and then there

is a matter of new business which I want to bring up. I would suggest amending that to 1.45.

(The motion was agreed to. Accordingly, at 1.10 p. m., a recess was taken imtil 1.45 p. m.)
SEVENTH SESSION (AFTERNOON OF SATURDAY, MAY 17. 1913).

The conference reassembled at 2 p. m., Mr. Waldron presiding.

The Acting Chairman. The first business that is in order is, I

think, the report of the second special resolutions committee.

Mr. Henry. The second special resolutions committee reports the

following resolution

:

Resolved, That tlie members of the Eighth Annual Conference on the Weights and

Measures of the United States by this resolution respectfully call the attention of the United States Government to the need of a thorough and periodical inspection

of the weighing and measuring apparatus used by the Government in the transaction

of its business with the public.

Hugh H. Henky.

Charles B. Woolley.

William F. Cluett.

Mr. Metcai^f. Mr. Chairman, I move the adoption of the resolution

as read.

Mr. Neale. I second the motion, Mr. Chairman.

The question was taken, and the resolution was adopted.

Mr. Henry. Mr. Chairman, there is a matter of new business that

I wish to bring up. I will be just as brief as possible, but I think

some action should be taken in regard to the matter, which is a

suggestion of an amendment to one clause in the report of the committee on tolerances and specifications. Therefore I make this reso- lution :

Resolved, That this conference request the committee on tolerances and specifications to substitute, in the report which was yesterday accepted by this conference,

for the last section on page 7, which reads as follows: "Scales equipped with a scoop

counterbalanced by a removable poise or weight must not be used," another clause

60 worded that it will include all types of scales equipped with a scoop counterbalanced

by any removable or movable device.

My purpose in offering this resolution is this: As this particidar

clause now reads, scales equipped with a scoop counterbalanced by a removable poise or weight must not be used. To be sure, it does not say

that scales with a movable poise or other device of that sort which

have a detachable scoop may be used. But we all know that if a

State is to adopt the model specifications and model law which we

get out, it is natural that a large part of these specifications or a

large part of the law will be adopted verbatim, and it is almost a

physical impossibihty for the people who get out these regulations

and laws to go to the bottom and ferret out the reason for each section.

Therefore if there is any mistake here, I think it should be corrected;

and I maintain that there is an error which should be corrected.

We have under this clause, which we have now adopted, the ruling

that a scale which has the removable disk or removable poise and a

detachable scoop shall not be used. Now, then, it seems to me that a

265
266 BUREAU OF STANDARDS.

scale which has a movable poise for the same pm-pose of coimterbalancing a detachable scoop is, if anything, more a subject of con- demnation, as an opportunity for defrauding the pubhc, or as a mechanism which is liable to error, than the type of scale which by

this clause we have excluded.

The reason for that is apparent. I beheve that there are very

few laymen who understand the significance of moving, for instance,

that little " scoop-on-and-scoop-off " weight an inch and a half or 2

inches across the back end of the beam. I do not imagine that there

is one person in a thousand that understands there is any such device

on a scale. On the other hand, an observant person might easUy

notice that in a scale of the other type where there is a scoop on the

one side there is a weight to counterbalance on the other. They

might easily notice that this weight was to be placed opposite the

scoop, and they would naturally expect that something ought to be

placed on the opposite side to counterbalance the scoop which they

see on there. So that the general pubhc have every opportunity,

it seems to me—or have good opportunity—to discover any means

of fraud under the condemned scales, but under the scales which we

have not condemned they have the very least opportunity.

But the very worst feature of this proposition, it seems to me, is

this—not just what is now in existence, but what may happen. We

have here made a specific statement. We have described almost

exactly the type of scale which we wish to eliminate. We have been

specific where we might have been general. If we had been general,

instead of being at fault on the main proposition, we would have then

been under no possible criticism for any discrimination; and it seems

to me undebatable that wherever it is possible, in a law or in a regulation, there should be adopted a general rather than a specific provision. For as soon as you enact a specific provision, you have

immediately told the enemies of honest weights and measures just

exactly what they can not do, and from that they can tell just exactly

what they can do, and you have merely closed the door and left the

four sides of the building through which they can cut a door at any

time they wish. I beheve in building a fence around the whole

building ; and if we make this a general clause that is necessarily the

result.

Now, then, it may be argued that this proposition which I advocate

will work a hardship, but I think the best proof of the value of the

suggestion is that I have tried this out in the State of Vermont, and

there we have had this regulation in force for a year from the first of

last November, and since that time there has been no complaint on

the part of the merchants, as far as I know, that this regulation has

given them any hardship. It seemed to me at the time we put the

regulation in force that a hardship was liable to result, and we only

put it in force because of the fact that I had had so many complaints

that it seemed necessary to make such a regulation; and, by the way,

these complaints were against the kind of scale, which is not mentioned

in this clause—not against the even balance "scoop on and scoop off "

scale, not on the spring "scoop on and scoop off "scale, but on the very

types which here, by failure of being mentioned, are allowed. The
EIGHTH CONFEBENCE OF WEIGHTS AND MEASURES. 267

merchants found if they needed a "scoop-on" scale and a "scoop-off"

scale that they could provide themselves with each; and I think 90

per cent of the people using this very type of scale have told the

inspectors and myself when they spoke of this regulation tha t they had

absolutely no objection, because they practically never used the scale

except as a " scoop-on " scale. If the party is so poor that it would

be impossible for him to provide himself with a "scoop-on" scale and

a " scoop-off " scale, and if it was necessary—or he thought it was

for him to use this particular scale as a "scoop on and scoop off"

scale, still he could pin this objectionable device on the beam in a

"scoop-on" position—which is a very simple matter and very inexpensive—when he needs the scoop, of course leaving it at "scoop on,"

and when he wants the scoop off, leaving it at "scoop on and

putting a weight on the platform of the scale, which has exactly the

same result so far as the scale is concerned. So far as the merchant

is concerned, however, it has an entirely different result; because if

the scale is used for selling—which it will be, I think, more than threequarters of the time—if the merchant makes a mistake under my

suggested method, the mistake goes against him; whereas if he

makes the mistake of not putting the poise over in the right place,

the mistake goes against the customer.

Mr. Briggs. You are proposing, then, to substitute a weight in

place of the "scoop-off" feature of the scale?

Mr. Henry. Why, if that is necessary. That is simply a suggestion; because you can anticipate that there might be people who

would look at the matter just as I did—that this would probably

work a tremendous hardship on the merchant. As a matter of fact,

it does not; but if it did, that would be the remedy.

Mr. Briggs. Suppose, for the sake of argument, that you put on a

weight when the scoop was off; stiU, fraudulent practice would be

jossible in that case by putting on the weight at the same time you

! lave the scoop on, and they would stiU have the same opportunities

: or fraud as before, and it might go unnoticed, the thing in operation

jeing a Httle confusing to the customer.

Mr. Henry. I think that any customer who had watched the merchant put a scoop on one side and the weight to counterbalance on

the other would immediately see, as a pure layman, that it would

not be logical to put the scoop and the coimterbalancing weight on

the same side or on the same platform.

Mr. Briggs. Stop and think about it; will the ordinary customer,

in the course of his ordinary purchasing, think of such a thing, or would he be more likely to accept the thing automatically without

analyzing it ? That is an open question.

Mr. Henry. WeU, I can not imagine a layman who would think

it would be logical to pile on more weight on the same place which

he intended to counterbalance.

The Secretary. Mr. Chairman, I would suggest that Mr. Henry

be permitted to finish his argument before any questions are taken up.

Mr. Henry. I think that is all. I am advocating that this particular clause should be general and apphed to aU scales that have the

same effect and the same faults.
268 BUREAU OF STANDARDS.

The Secretary. Mr. Chairman, as I understand it, Mr. Henry is

in thorough accord with what we have done, only he does not think

we have gone far enough.

Mr. Henry. That is it exactly.

The Secretary. Now, of course, his argument as to the relative

importance of those two effects I think is debatable. I will say that

we considered the other proposition. You can imagine that we

would naturally have tried to exclude the use of the movable poise

if we could have done so; that is, it would be our natural inclination

to eliminate that; and the question as to whether that can be done

is one that I would rather leave to Mr. Connors. He has more famiharity with that particular phase of the question than I have. I

merely want to point out to this conference just what Mr. Henry is

criticizing. He is not objecting to what we have done; he is not

saying that what we have done is wrong; but his point is that we

have not been stringent enough—that we have not included aU the

things.

Mr. Connors. Mr. Chairman, the scale which Mr. Henry is referring to is a platform scale which sometimes has a latch which txu'ns toward the fulcrum and from the fulcrum when the scoop is put on

or put off the platform. It also carries a poise which is moved forward or back, as the scoop is on or off the platform. Now, this scale

is used mostly in hardware stores and stores where general business

is done, which requires at times the use of a scoop and, at other

times, the platform.

Now, if we regulate against that scale we simply destroy the availability of the scale. On the customer's side of the beam there is a

device which says "scoop on" and "scoop off," indicating to the

customer where the scoop should be; and it is always presumed that

the customer when buying anything will use reasonable efforts to

protect himself. That is, we can not make regulations which will

absolutely protect the customer. The customer is supposed to do a

little looking for himself when he is buying. I want to say for the

information of the people here that the regulation was tried out in

New York State, and after a thorough investigation of the subject

by Dr. Reichmann he issued a further regulation allowing the use

of this scale. Now, I want to ask Mr. Hemy a question, if he will

permit me. Do you allow the use of a scale in your State which

when you turn a knob says "Read red figures," indicating that you

are to use red figures when the knob is turned showing a red pointer ? Mr. Henry. Yes.

Mr. Briggs. This is on the same principle. If you make a regulation which says this scale can not be used, you simply have got to

throw out other devices, very fair devices, which have a means of

indicating to the customer the general plan of the scale. Now, the

scale in question is a high-class scale; there is no question about that.

It is a very expensive scale, and it is only used in stores where good

business is done. It is made in the best possible manner as far as

scale making goes.

Mr. Goodwin. In removing or replacing the scoop on the scale

does it automatically adjust itself, or do you have to adjust it ? Mr. Connors. You have to adjust it.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 269

Mr. Goodwin. Then I think it is a bad feature. If that thing

could be made automatic, so that in taking the scoop off the scale or placing it on it would adjust the scale automatically, I think it

would be a good thing.

Mr. Connors. Mr. Chairman, you can not adopt a proposition to

make scales automatic. The operator of the scale generally has to

do some certain thing. Now, we are up against it on account of

the limits of scale bunding, and we can not make regulations saying

that these specific things must go out, because they will also operate

to shut out other good devices. Let us be fair to everybody. If a good scale is on the market, let it remain on the market.

There is another proposition, Mr. Chairman, aside from the question of the scale itself. The convention yesterday adopted these

regulations. Now, considering the smaU handful of men here today, it does not seem to be a fair proposition to those gentlemen

who were here yesterday to change in any way the regulations which

they passed yesterday without due notice to them. I want the

gentlemen to consider that seriously. But I would like to hear a

thorough discussion of this particular scale, because I want to hear

what the sealers think of it. I want to make it perfectly clear what this regulation excludes.

It says "Scales equipped with a scoop counterbalanced by a removable poise or weight must not be used." That is, if a man has a poise

on his beam that he can take off the beam and put to one side, that

scale would be thrown out by these regulations. If a man had a

counterpoise weight that could be taken off the counterpoise when

the scoop was on or off the platform, that would be thrown out.

An equal-arm scale with a removable weight on one side—a ring

weight, we will say—and a scoop on the other would be thrown out.

A family scale which had a removable scoop would be thrown out.

We did not, however, say that a scale with this latch on the beam,

or a poise that you could shift from one part of the beam to the

other to counterbalance the scoop, must not be used; because,

taking everything into consideration, we think that we should aUow

it to be used.

Mr Clark. Mr. Chairman, I take about the same view as our

friend from Vermont. We have a good deal of trouble with the

scale he has in mind, inasmuch as the shift of that poise is not always

thought of. The clerk himself may forget about it, and it seems

that if we are going to exclude, as we have here, the removable

counterpoise weight, there is no reason why we should not bar this

other kuid. I find in my work among the sealers, for instance, that

they often forget that that scale should be adjusted first with the

pan off and the counterpoise weight off. Now, if they forget it in

their work, how should the customer be expected to know that that

little poise on the end of the beam has anything to do with the

weighing ? I know my friend Mr. Connors says there is something

there to tell them what it is for; but how many are going to look for it ? Now, if we eUminate the use of the scale with the removable coimterpoise, I see no reason why we should not eliminate the use of the

other.
270 BUREAU OF STANDARDS.

Our friend Connors has made the point that the action of the

whole conference yesterday, in adopting these specifications, should

not be overthrown by the vote of a handftd. Now, if that is the

case, and it is not fair to decide upon this point to-day, then we had

better not discuss it at all. Mr. Connors. Mr. Chairman, I would like to hear the thing discussed; I do not have any objection to that; and I think all the

members here would like to hear it discussed, because we want information. As I said before, I do not think it is fair for the con- vention to take any action, but I would like to bring out the merits

of the case. Mr. Briggs. Mr. Chairman, my own idea in the matter is that

there is a slight distinction between the poise that is attached to the

beam and the removable weight, because if the man who is weighing

forgets to operate the poise when it is attached to the beam, the

chances are very much greater that he will forget to take off or put

on the counterpoise weight properly when this counterpoise weight

is removable. My impression is that I, as a customer, would notice

the misuse of the former much quicker than the misuse of the latter.

That is my own impression and opinion. Of course both are objectionable, but it seems to me the removable weight is more objectionable than the attached.

Mr. Goodwin. I would like to ask if you do not think some automatic device could be appHed so as to make a positive counterbalance.

Mr. Connors. Mr. Chairman, it would be a great thing if we

ever got an automatic device such as Mr. Goodwin speaks of. At

the present time there is nothing on the market of that kind, and

you can not make regulations compeUing somebody to invent something and put it on the market.

Mr. Goodwin. By agitating this question and bringing it before the

f)ubUc you will create a demand, which will be supplied sooner or

ater. We want something that can not be made fraudulent; that is

the idea—to make something that is automatic, so that no dealer can

use it fraudulently.

Mr. Connors. Mr. Chairman, when that device comes on the

market, it will be a very easy matter to make a regulation to cover it,

but at the present time we can not make a regulation.

Mr. Neale. Gentlemen, there is on the market a platform scoop

scale which automatically operates and balances with the scoop or without the scoop.

Mr. Connors. Mr. Chairman, I would like to ask Mr. Neale, if he

knows, whether that manufacturer is still continuing the manufacture

of that scale ? Mr. Neale. Yes. I was at the agricultural coUege about two

months ago, and they had a new one for the careful packing of their

seeds. Perhaps you have aU seen it and forgotten it. The bottom

of the scoop is cut through the platform. It pulls through the platform, and a counterbalance arrangement just balances it. Then

when the load comes on the platform comes up. I do not know that

it is a very desirable arrangement, but there is on the market such an

automatic scoop scale.
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 271

Mr. Connors. I understand, Mr. Chairman, from people who ought

to know, that the scale Mr. Neale speaks about is a failure, and that

the manufacture of it has been discontinued or is being discontinued.

Mr. Howe. For the information of Mr. Connors, I would say that

I tested a brand new one of the type that Mr. Neale speaks of no later

than Wednesday. It was just unboxed and came from the factory.

Mr. Goodwin. What kind of test did you get?

Mr. Howe. A correct one. Mr. Henry. Mr. Chairman, it seems to me that I should answer

the point that Mr. Connors made. He spoke of being fair to all. That is just the proposition that I am trying to maintain. We have

got to be fair to aU people, all manufacturers, and all types of scales,

and put them all under exactly the same tests. It does not seem to me

that it should make any difference in my argument here—and I do not

think it does—whether I happen to be from Florida, from California, or from Vermont; and it should not make a particle of difference

whether this device happens to be on the back end of the beam or on

the other end of the beam; and that seems to me to be the distinction

made in this regulation.

Mr. Connors. I would like to have Mr. Henry explain that a little

more fully. Where in the regulations is a removable weight allowed ? Mr. Henry. It is not allowed. That is it exactly. If it is removable and on one end of the beam, then it is excluded; but if it is

movable and on the other end of the beam, then the scale is allowable.

It seems to me a distinction without a difference.

Mr. Connors. It is the opinion of the committee that a removable

device should not be used on any scale, on account of the great possibility of error. Mr. Henry. I will answer that by saying that it seems to me the

possibility of error is even greater, from any view of the case, when

the device is movable, not removable. If the objection is that the

weight might be taken off and removed permanently, and therefore

the number of errors would be increased, it does not seem to me that

that is a valid objection, because the man who throws the disk away

and who gets into difficulty on account of giving false and incorrect

weight would be sure to be convicted.

There is not only this particular device that they speak of which

will take care of this matter, but there are other devices, as we all know. One, for instance, is the scale which has the platform and

the scoop arrangement at the same time, used independently. It

seems to me that the fact that this particular thing we spoke of

has been patented is not an objection, and could not be used as a

bar. It certainly is not to be conceded by us or by any scale manufacturer that because one concern has patented a simple device to

take care of that matter, it is impossible, or even very difficult, for

other manufacturers to avoid this difficulty in a similar manner.

The Secretary. Mr. Chairman, it seems to me that there is a

great deal that might be said in favor of a movable weight that is

attached to a scale, and you can not get away from it. There is a good deal more to be said in favor of it than of a weight that can

be completely taken away from the scale and lost entirely, and
272 BUREAU OF STANDARDS.

where there is nothing on the scale to indicate that that weight

should be used at certain times and not used at other times. Now,

there is notliing to prevent us, if new inventions are perfected, from

coming back here next year, if you see fit, and recommending

these are not going to be laws; they are regulations—that an additional regulation be passed prohibiting all movable parts, or prescribing that if this movable weight is there it shaU be clearly indicated

what its purpose is, and also when it is in operation properly.

Mr. Henry. ^Mr. Chairman, I would hke to say a few words more

in order to clear this matter up, and then we can go ahead with the

discussion, or stop it, as you see fit. It seems to me, in the first

3lace, that a rather hard inference has been brought upon me for

Dringing up this matter when so few were here, after the regulations

lad been adopted in toto yesterday by the entire body. But, as you aU know, that was absolutely a result of circumstances. I was

anxious yesterday afternoon to present this proposition, but it was

an impossibihty. I had to defer it until the proper time came,

without interrupting something else.

But if there is anything unfair about that—and there is the further

objection, of course, that we have not perhaps sufiicient opportunity

to thrash it out—why would it not be a good solution to lay th^

resolution on the table, to be taken up at some specific time, to be

designated by the executive committee, at the next session ? Mr. Connors. ]\Ir. Chairman, I do not want to criticize Mr. Henry.

I know it is only because of circumstances that there was a small

crowd here to-day, and I do not want Mr. Henry to think that I

criticize him at all for bringmg it up, because I knew it was coming,

and I hoped there would be a large crowd here; but I just wanted

to call the attention of the members to the fact that it would not

be a fair proposition to overthrow the work of the convention yesterday.

Mr. Henry. Do you agree with my solution—laying it on the

table ? The Secretary. I think that is a fair proposition.

Mr. Henry. Then I will make that motion.

The Acting Chairman. Mr. Henry makes a motion to lay it on the

table. Is there a second ? Mr. WooLLEY. I second the motion.

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

Mr. Neale. Mr. Chairman, a question for information. This is not

an objection, but a criticism of one part in that report. Will it be

theproper time at the next meeting to take that up ? The Secretary. Mr. Chairman, it seems to me that this discussion

here shows the impossibility of discussing those tolerances and regulations at a conference of this kind. You gentlemen have to appoint

a committee, and you have either to accept or reject their report.

Now, of course, we have not consulted everybody. We can not consult everybody; but I have invited everybody that I have talked

with to send me any objections that they have to any of those regulations, and I am sure that Mr. Connors and I will give them every
EIGHTH CONFEREKCE OF WEIGHTS AND MEASTJBES. 273

consideration in the world, and perhaps substitute some of the changes

that have been suggested.

Ml". Richardson. Mr. Chairman, I want to make a motion that the

thanks of this conference be extended to the officers and employees

of the Bureau of Standards for the courtesies extended to this conference at this session.

The Secretary. I think that has already been done, Mr. Richardson.

Mr. Richardson. Well, we can afford to thank you twice.

Mr. Neale. Mr. President, it has been our custom, in rather an

empty manner, to thank Mr. Caswell year after year for two days'

work. Surely on this occasion he is entitled to the square of that two,

or twice as much thanks. As we smoke and fight and enjoy ourselves, he is the one that does the real work, and I move that we

extend the thanks of this conference to Mr. Caswell for his careful

work on our behalf.

(The motion was seconded and agreed to.)

Mr. WooLLEY. Mr, Chairman, I would like to make a suggestion

that when we meet again—which will undoubtedly be a year from

now—we have one session a day, and let that session continue to such

a time as the majority of the members desire, possibly 2 o'clock

which will give the delegates an opportunity to employ the rest o

the time in seeing the city. We have been very busy trds year, and

consequently we have not had an opportunity to do very much outside of our labors here. That is merely a suggestion.

The Secretary. Mr. Chairman, I might say that as a result of a number of suggestions that I have had—one from our president

here—it is my purpose to write every member a circular letter asking

for suggestions as to what we ought to do at out next conference. It

is very hard indeed for us to ^et the point of view of all of the members, and it is very difficult lor our executive committee to get together. It is going to be harder than ever this year, because we are scattered all over the United States now, and it is difficult for us to

have meetings and discuss these questions. So it is left largely to

me, or has been at any rate, as to the arrangement of the program,

and for any defects in that I will hold myself responsible. I did not

realize until the program had been made up, and a number of the

gentlemen had been asked to prepare papers, that we were going to

ave such a full program, and I regret as much as anyone else does

that so little opportunity was afforded for members to see our city.

Mr. Howe. Mr. Chairman, as a suggestion, it seems to me that

there is about two hours a day lost in these conferences in going to

and from the Bureau of Standards. For your information, I would

state that there is a very fine room in the District Building, and if we

could meet down there it would save two hours or more a day, which

could be devoted to our work. I do not doubt that the District Commissioners would be only too glad to loan that room for the use of

the conference, and I would suggest very strongly that the executive

committee communicate with the District Commissioners and request

the use of that room.

28670°—14 18
274 BUEEAU OF STANDARDS.

Mr. Richardson. Is it understood that the executive committee

will fix the date of the next conference ? The Acting Chairman. That is left to the committee.

The Secretary. If it is not, I suggest that it be left to the committee. That has been customary, but it has also been customary

to discuss it. Mr. Richardson. I suggest that we meet at the same time next

year as we did this and make it four days.

The Acting Chairman. You would not leave it to the executive

committee ? The Secretary. Mr. Richardson made that same suggestion last

year, and as a result of that this particular date was set. Now, it

seems to me that it would be a mistake to set that definitely at this

time. You see we have not anything like a full attendance here, and

I think the committee should be authoiized to canvass the situation.

I see no reason now why we should not hold it at this time again, but

it is a long time ahead.

Mr. Richardson. I think all the members have been pleased with

this time.

The Secretary. I am glad to know that.

Mr. Byrne. Mr. President, I will make a motion that we adjourn,

and that the date of the future meeting be left in the hands of the

executive coromittee.

(The motion was seconded and agieed to. Accordingly, at 2.55

p. m., the conference adjourned.)
APPENDIX.

MODEL STATE LAW ON THE SUBJECT OP WEIGHTS AND MEASURES, DRAFTED BY THE NATIONAL BUREAU OF STANDARDS

AND INDORSED BY THE EIGHTH NATIONAL CONFERENCE ON

WEIGHTS AND MEASURES.

FORM NO. 1.1

Section 1. The weights and measiures received from the United States under a

resolution of Congress approved June 14, 1836, and such new weights and measures

as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be supplied by the State in

conformity therewith and certified to by the National Bureau of Standards shall be the

State standards of weight and measiue.

Sec. 2. In addition to the State standards of weights and measures, provided for above, there shall be supplied by the State at least one complete set of copies of these, to be kept at all times in the office of the State superintendent (commissioner) and to be known as office standards; and such other weights, measures, and apparatus as may be found necessary to carry out the provisions of this act, to be known as working

standards. Such weights, measures, and apparatus shall be verified by the State superintendent (commissioner), or his deputy, or inspectors, at his direction, upon

their initial receipt and at least once in each year thereafter, the office standards by

direct comparison with the State standards, the working standards by comparison

with the office standards. When found accurate upon these tests the office and working standards shall be sealed by stamping on them the letter " —" and the last two

figures of the year with seals which the State superintendent (commissioner) shall have and keep for that purpose. The office standards shall be used in making all comparisons of weights, measures, and weighing or measuring devices submitted for test in the office of the superintendent (commissioner) and the State standards shall be used only in verifying the office standards and for scientific purposes. Sec. 3. There shall be a State superintendent (commissioner) of weights and measures, who shall be appointed by the governor, by and with the advice and consent of the senate. Such superintendent (commissioner) shall be appointed for a term of five years, and shall receive a salary of $ a year. There shall be a deputy

Buperintendent (commissioner) of weights and measures and inspectors of weights

and measures, the deputy to be appointed by the superintendent (commissioner) of weights and measures and to hold office during the superintendent's (commissioner's)

term of ofiice, the inspectors to be appointed from an eligible list prepared by the civil service board and under the rules of said board. The superintentent (commissioner)

of weights and measures shall be allowed for salaries for the deputy superintendent

(commissioner) of weights and measures, inspectors of weights and measures, clerical services, traveling and contingent expenses for himself, his deputy, and inspectors

such sums as shall be appropriated by the legislature.

Sec. 4. The State superintendent (commissioner) of weights and measures shall forthwith, on his appointment, give a bond in the penal sum of $5,000, with sureties, to be approved by the secretary of state (attorney general) for the faithful performance

of the duties of his office and for the safe-keeping of the standards intrusted to his care and for the surrender thereof immediately to his successor in office or to the person

appointed by the governor to receive them. The deputy superintendent (commissioner) of weights and measures and each inspector of weights and measures shall forthwith upon his appointment give a bond in the penal sum of $1,000, with sureties, to be approved by the secretary of State (attorney general), for the faithful perform- ance of the duties of his office and for the safe-keeping of any apparatus intrusted to his care.

1 For an explanation of the three forms of the model law given in the Appendix, see p. 227 et. seq. 275
276 BUREAU OF STANDABDS.

Sec. 5. The superintendent (commissioner) of weights and measures shall take

charge of the standards adopted by this act as the standards of the State, and cause them to be kept in a fireproof building belonging to the State (or in a safe and suitable

place in the ofiice of the superintendent), and from which they shall not be removed

except for repairs or for certification, and he shall take all other necessary precautions

for their safe-keeping. He shall maintain the State standards in good order and shall submit them at least once in ten years to the National Bureau of Standards for certification. He shall keep a complete record of the standards, balances, and other

apparatus belonging to the State and take a receipt for same from hia successor in

office. He shall annually, on the first day of , make to the governor a report

of all work done by his office. Sec. 6. The State superintendent (commissioner) of weights and measures shall have and keep a general super\'ision of the weights, measures, and weighing or measuring devices, offered for sale, sold, or in use in the State. He or his deputy, or inspectors at hia direction, shall, upon the written request of any citizen, firm, corporation,

or educational institution in the State, test or calibrate weights, measures, and weighing or measuring devices used as standards in the State. He, or his deputy, or

inspectors, at his direction, shall at least once annually test all scales, weights, and

measures used in checking the receipts or disbursements of supplies in every insti- tution for the maintenance of which moneys are appropriated by the legislature,

and he shall report in writing his findings to the supervisory board and to the executive

officer of the institution concerned, and, at the request of such board, or executive

officer, the superintendent (commissioner) of weights and measures shall appoint in

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

of supplies.

Sec. 7. When not otherwise provided by law the State superintendent (commissioner) shall have the power, and it shall be his duty to inspect, test, try, and ascer- tain if they are correct, all weights, measures, and weighing or measuring devices

kept, offered, or exposed for sale, sold, or used or employed by any proprietor, agent,

lessee, or employee in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption purchased

or offered or submitted by such person or persons for sale, hire, or award, and he

shall have the power to and shall from time to time weigh or measure and inspect

packages or amounts of commodities of whatsoever kind kept for the purpose of sale,

offered or exposed for sale, or sold or in the process of delivery, in order to determine

whether the same contain the amounts represented, and whether they be offered

for sale or sold in a manner in accordance with law. He shall at least twice each

year and as much oftener as he may deem necessary see that all weights, measiires,

weighing or measuring devices used are correct. He may for the purpose above

mentioned, and in the general performance of his official duties, enter and go into

or upon, and without formal warrant, any stand, place, building, or premises, or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any dealer whatsoever, and require him, if necessary, to proceed to some place which

the State superintendent (commissioner) may specify, for the purpose of making the

proper tests. Whenever the State superintendent (commissioner) finds a violation

of the statutes relating to weights and measures, he shall cause the violator to be

prosecuted.

Sec. 8. Whenever the State superintendent (commissioner) compares weights, measures, or weighing or measuring devicea_ and finda that they correspond or causes them to correspond with the standards in hia possession, he shall seal or mark

such weights, measures, or weighing or measuring devices with appropriate devices.

Sec 9. The State superintendent (commissioner) shall condemn and seize and

may destroy incorrect weights, measures, or weighing or measuring devices which,

in hia best judgment, are not susceptible of satisfactory repair; but such aa are incorrect and yet may be repaired, he shall mark or tag aa_ " Condemned for repairs."

The owners or users of any weights, measures, or weighing or measuring devices of which such disposition is made, shall have the same repaired or corrected within

ten days, and they may neither use nor dispose of the same in any way, but shall hold

the same at the disposal of the superintendent (commissioner). Any weights, measures or weighing or measuring devices which have been "condemned for repairs,"

and have not been repaired as required above, shall be confiscated by the super- intendent (commissioner).
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 277

SeC; _10_. The powers and duties given to and imposed on the State superintendent

(commissioner) of weights and measures by sections 7, 8, and 9 of this act are hereby

given to and imposed upon his deputy and inspectors also, when acting under his

instructions and at his direction.

Sec. 11. The superintendent (commissioner) of weights and measures, his deputy

and inspectors, are hereby made special policemen, and are authorized and empowered

to arrest, without formal warrant, any violator of the statutes in relation to weights

and measures, and to seize for use as evidence, without formal warrant, any false or imsealed weight, measure, or weighing or measuring device or package or amounts

of commodities found to be used, retained, or offered or exposed for sale or sold in

violation of law.

Sec. 12. Any person who shall hinder or obstruct in any way the superintendent

(commissioner) of weights and measures, his deputy, or inspectors, in the performance

of his official duties shall be guilty of a misdemeanor, and upon conviction thereof in

any court of competent jurisdiction shall be punished by a fine of not less than $20 or more than $200, or by imprisonment in the county jail for not more than three months,

or by both such fine and imprisonment.

Sec. 13. Any person who shall impersonate in any way the superintendent (commissioner) of weights and measures, his deputy, or inspectors, by the use of his seal or counterfeit of his seal, or otherwise, shall be guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment for not more than one year,

or by both such fine and imprisonment.

Sec. 14. It shall be unlawful to sell or offer to sell any coal, coke, or charcoal in any

other manner than by weight. It shall be unlawful for any person to deliver any

coal, coke, or charcoal without each such delivery being accompanied by a delivery

ticket and a duplicate thereof, on each of which shall be in ink or other indelible substance, distinctly expressed in pounds, the gross weight of the load, the tare of the delivery vehicle, and the quantity or quantities of coal, coke, or charcoal contained in

the vehicle used in such deliveries, with the name of the purchaser thereof, and the name of the dealer from whom purchased. One of these tickets shall be surrendered

to the State superintendent (commissioner), his deputy, or inspectors upon his demand for his inspection, and this ticket or a weight slip issued by him when he desires

to retain the original shall be delivered to the said purchaser of said coal, coke, or charcoal, or his agent or representative at the time of the deliver}' of the fuel; and the

other ticket shall be retained by the seller of the fuel. When the buyer carries away

the purchase, a delivery ticket showing the actual number of pounds delivered to him

must be given to him at the time the sale is made.

Sec. 15. It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell any commodity in package form unless the net quantity of the contents be

plainly and conspicuously marked on the outside of the package, in terms of weight, measure, or numerical Qount: Provided, however, That reasonable variations or toler- ances shall be permitted, and that these reasonable variations or tolerances and also exemptions as to small packages shall be established by rules and regulations made by

the superintendent (commissioner) of weights and measures: And provided, further. That this section shall not be construed to apply to those commodities in package form

the manner of sale of which is specifically regulated by the provisions of other sections

of this act. The word ' 'package ' ' as used in this section shall be construed to include the package

carton, case, can, box, barrel, bottle, phial, or other receptacle put up by the manufacturer; or, when put up prior to the order of the commodity, by the vendor, which

may be labeled, branded, or stenciled or otherwise marked, or which may be suitable

for labeling, branding, or stenciling, or marking otherwise, making one complete

package of the commodity. The word "package " shall be construed to include both

the wholesale and retail package.

Sec. 16. It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell any commodity composed in whole or in part of cotton, wool, linen, or silk, or any other textile material on a spool or similar holder, or in a container or band, or in a bolt or roll, or in a ball, coil, or skein, or in any similar manner, unless the net amount

of the commodity in terms of weight or measure shall be definitely, plainly, and con- spicuously marked on the principal label, if there be such a label; otherwise on a

wrapping, band, or tag attached thereto. The words ' 'spool or similar holder, container or band, bolt or roll, or ball, coil, or skein" shall be construed to include the spool or similar holder, container or band,

bolt or roll, or ball, coil, or skein put up by the manufacturer; or when put up prior
278 BTJBEAU OF STANDARDS,

to the order of the commodity, by the vendor. It shall be held to include both the

wholesale and the retail package.

Sec. 17. It shall be unlawful for any person to sell, or offer to sell any butter, or renovated or process butter, or oleomargarine in any other manner than by weight. It

shall be unlawful for any person to put up, pack, or keep for the purpose of sale, offer or expose for sale, or sell any butter, or renovated or process butter, or oleomargarine

in the form of prints, bricks, or rolls in any other than the following sizes, to wit:

One-quarter pound, one-half pound, one pound, one and one-half pounds, or multiples of one pound. Each print, brick, or roll shall bear a definite, plain and con- spicuous statement of its true net weight, on the principal label, where there be such

a label, otherwise on the outside wrapper thereof; such statement shall be in gothic

type not less than one-quarter inch square. The prints, bricks, or rolls referred to in this section shall be construed to include

those prints, bricks, or rolls put up by the manufacturer or producer; or when put up

prior to the order of the commodity, by the vendor.

Sec. 18. All bread kept for the purpose of sale, offered or exposed for sale, or sold, shall be sold by weight. To each loaf of bread shall be attached a label plainly

showing its correct weight and the firm name of the manufacturer thereof, the size

of the label and type to be used to be specified by the State superintendent (commissioner) of weights and measures. It shall be unlawful for any person to make or keep

for the purpose of sale, offer or expose for sale, or sell any bread other than such as shall be in accordance with the provisions of this section.

Sec. 19. Bottles used for the sale of milk or cream shall be of the capacity of one-half

gallon, three pints, one quart, one pint, one-half pint, and one gill, filled full to the

bottom of the lip. The following variations on individual bottles or jars may be

allowed, but the average content of not less than twenty-five bottles selected at ran- dom from at least four times the number tested must not be in error by more than one- quarter of these tolerances: Six drams above and six drams below on the half gallon,

five drama above and five drams below on the three-pint, four drams above and four

drams below on the quart, three drams above and three drams below on the pint, two

drams above and two drams below on the half pint, and two drams above and two drams

below on the gill. Bottles or jars used for the sale of milk or cream shall have clearly

blown or otherwise permanently marked in the side of the bottle, the capacity of the

bottle and the word "sealed"; and in the side or bottom of the bottle the name,

initials, or trade-mark of the manufacturer and a designating number, which designating number shall be different for each manufacturer and may be used in identifying

the bottles. The designating number shall be furnished by the State superintendent

(commissioner) of weights and measures upon application by the manufacturer,

and upon the filing by the manufacturer of a bond in the sum of $1,000, with sureties, to be approved by the secretary of State (attorney general), conditioned upon his con- formance with the requirements of this section. A record of the bonds furnished,

and the designating numbers and to whom furnished, shall be kept in the office of the

superintendent (commissioner) of weights and measures. Any manufacturer who sells or offers to sell milk or cream bottles to be used in this State that do not comply as to size and markings with the provisions of this section shall suffer a penalty of $500, to be recovered by the attorney general in an action against

the offender's bondsmen to be brought in the name of the people of the State. Any

dealer who uses, for the purpose of selling milk or cream, jars or bottles purchased after this law takes effect that do not comply with the requirements of this section as to markings and capacity shall be deemed guilty of using a false or insufficient measure.

Sealers of weights and measures are not required to seal bottles or jars for milk or cream marked as in this section provided, but they shall have the power to and shall from time to time make tests on individual bottles used by the various firms in the

territory over which they have jurisdiction in order to ascertain if the above provisions

are being comphed with, and they shall immediately report violations found to the

State superintendent (commissioner) of weights and measures.

Sec. 20. The standard barrel for fruits, vegetables, and produce shall be of the

following dimensions when measured without distension of its parts: Diameter of head inside of staves, seventeen and one-eighth inches; distance between heads, inside

measurement, twenty-six inches; the outside bilge or circumference not less than

sixty-four inches; and the thickness of staves not more than four-tenths of an inch:

Provided, That any barrel of a different form having the same distance between heads

and a capacity of seven thousand and fifty-six cubic inches shall be a standard barrel. It shall be imlawful for any person to offer or expose for sale or sell any other barrels
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 279

for fniits, vegetables, or produce, or any fruits, vegetables, or produce in other barrels than the standard barrel as defined in this section. Sec. 21. It shall be unlawful to sell or offer to sell any berries or small fruits in any

other manner than by weight, dry measure, or in the containers described in this section. It shall be imlawful to procure or keep for the purpose of sale, offer or expose

for sale, sell, or give away baskets or other open containers for berries or small fruits,

holding one quart or less, or to procure or keep for the purpose of sale, offer or expose for

sale, or sell berries or small fruits in baskets or other open containers, holding one quart

or less, of anj^ other than the following capacities, when level full: One quart, one pint, or one-half pint, standard dry measure.

Sec. 22. Whenever any commodity is sold on a basis of weight, it shall be unlawful

to employ any other weight in such sale than the net weight of the commodity; and

all contracts concerning goods sold on a basis of weight shall be understood and construed accordingly. Whenever the weight of a commodity is mentioned in this act,

it shall be understood and construed to mean the net weight of the commodity.

Sec. 23. Any person who, by himself or by his servant or agent, or as the servant or agent of another person, shall offer or expose for sale, sell, use in the bu3dng or selling of any commodity or thing or for hire or award, or retain in his possession a false weight

or measure or weighing or measuring device, or any weight or measure or weighing or measuring device which has not been sealed by the State superintendent (commissioner) or his deputy, or inspectors at his direction within one year; or shall dispose of any condemned weight, measure, or weighing or measuring device contrary to law, or remove any tag placed thereon by the State superintendent (commissioner), or his

deputy, or inspectors at his direction; or who shall sell or offer or expose for sale less than the quantity he represents, or shall take or attempt to take more than the quantity

he represents, when, as the buyer, he furnishes the weight, measure, or weighing or measuring device by means of which the amount of commodity is determined; or who shall keep for the purpose of sale, offer or expose for sale, or sell any commodity

in a manner contrary to law; or who shall violate any provision of this act for which a

specific penalty has not been provided, or who shall sell or offer for sale, or use or have

in his possession for the purpose of selling or using any device or instrument to be used

to or calculated to falsify any weight or measure ; shall be guilty of a misdemeanor, and

shall be punished by a fine of not less than |20 or more than $200, or by imprisonment

for not more than three months, or by both such fine and imprisonment, upon a first conviction in any court of competent jurisdiction; and upon a second or subsequent

conviction in any court of competent jurisdiction, he shall be punished by a fine of not less than $50 or more than $500, or by imprisonment in the coimty jail for not more

than one year, or by both such fine and imprisonment.

Sec. 24. The word "person, " as used in this act, shall be construed to import both

the plural and singular, as the case demands, and shall include corporations, companies, societies, and associations. The words "weights, measures, or (and) weighing or (and) measuring devices," as used in this act, shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measming, and any

appliances and accessories connected with any or all sucn instruments.

The words "sell" or "sale, " as used in this act, shall be construed to include barter

and exchange.

FORM NO. 8.

Section 1. The weights and measures received from the United States under a reso- lution of Congress approved June 14, 1836, and such new weights and measures as

shall be received from the United States as standard weights and measures in addition

thereto or in renewal thereof, and such as shall be supplied by the State in conformity

therewith and certified by the National Bureau of Standards shall be the State standards of weights and measures.

Sec. 2. In addition to the State standards of weights and measures, provided for above, there shall be supplied by the State at least one complete set of copies of these,

to be kept at all times in the office of the State superintendent (commissioner), and to be known as office standards; and such other weights, measures, and apparatus as may

be found necessary to carry out the provisions of this act, to be known as working

standards. Such weights, measures, and apparatus shall be verified by the State superintendent (commissioner), or his deputy or inspectors, at his direction, upon their
280 BUREAU OF STANDAKDS.

initial receipt and at least once in each year thereafter, the office standards by direct

comparison with the State standards, the working standards by comparison with the

office standards. When fotmd accm-ate upon these tests the office and working standards shall be sealed by stamping on them the letter " —" and the last two figures of the

year with seals which the State superiatendent (commissioner) shall have and keep

for that purpose. The office standards shall be used in making all comparisons of weights, measures, and weighing or measui-ing devices submitted for test in the office of the superintendent (commissioner) and the State standards shall be used only in

verifying the office standards and for scientific purposes. Sec. 3. There shall be a State superintendent (commissioner) of weights and measures, who shall be appointed by the governor, by and with the advice and consent of the senate. Such superintendent (commissioner) shall be appointed for a term of five years, and shall receive a salary of $ a year. There shall be a deputy superintendent (commissioner) of weights and measures and inspectors of weights and measures, the deputy to be appointed by the superintendent of weights and measures and

to hold office during the superintendent's (commissioner's) term of office, the inspectors to be appointed from an eligible list prepared by the civil service board and under

the rules of said board. The superintendent (commissioner) of weights and measures

shall be allowed for salaries for the deputy superintendent (commissioner) of weights

and measures, inspectors of weights and measures, clerical services, traveling and contingent expenses for himself, his deputy, and inspectors such sums as shall be appropriated by the legislature.

Sec. 4. The State superintendent (commissioner) of weights and measures shall forthwith, on his appointment, give a bond in the penal sum of $5,000, with sureties, to be approved by the secretary of State (attorney general) for the faithful performance

of the duties of his office and for the safekeeping of the standards intrusted to his care and for the surrender thereof immediately to his successor in office or to the person

appointed by the governor to receive them. The deputy superintendent (commissioner) of weights and measures and each inspector of weights and measures shall forthwith upon his appointment give a bond in the penal sum of $1,000, with sureties, to be approved by the secretary of State (attorney general), for the faithful perform- ance of the duties of hia office and for the safekeeping of any apparatus intrusted to his care. Sec. 5. The superintendent (commissioner) of weights and measures shaU take

charge of the standards adopted by this act as the standards of the State, and cause them

to be kept in a fireproof building belonging to the State (or in a safe and suitable place

in the office of the superintendent (commissioner), from which they shall not be re- moved except for repairs or for certification, and he shall take all other necessary

precautions for their safekeeping. He shall maintain the State standards in good order

and sliall submit them at least once in ten years to the National Bureau of Standards for

certification. He shall keep a complete record of the standards, balances, and other

apparatus belonging to the State and take a receipt for same from his successor in office. He shall annually, on the first day of , make to the governor a report of aU work

done by his office. Sec. 6. The superintendent (commissioner) of weights and measures, or his deputy,

or inspectors, at his direction, shall at least once in five years try and prove by the

office standards all standard weights, measures, and other apparatus which may belong

to any county or city, required to appoint a sealer and purchase and keep standards of weights and measures by the provisions of this Act, and shall seal such when found to be accurate by stamping on them the letter " —" and the last two figures of the year

The State superintendent (commissioner), or his deputy, or inspectors, at his direction, shall inspect all standard weights, measures, and other apparatus used by such

counties and cities at least once in two years, and shall keep a record of the same. He,

or his deputy, or inspectors, at his direction, shall at least once in two years visit these

cities and counties for the purpose and in order to inspect the work of the local sealers,

and in the performance of euch duties they may inspect the weights, measures, bal- ances, or any other weighing or measuring devices of any citizen, firm, or coiporation, and shall have the same powers as the local sealer of weights and measures. The

superintendent shaU issue from time to time regulations for the guidance of county

and city sealers, and the said regulations shall govern the procedure to be followed by

the aforesaid officers ia the discharge of their duties.

Sec. 7. The State superintendent (commissioner) of weights and measures, shall have and keep a general supervision of the weights and measures, and weighing or
EIGHTH CONFERENCE OF "WEIGHTS AND MEASURES. 281

measuring devices offered for sale, sold, or in use in the State. He, or his deputy, or

inspectors, at his direction, shall, upon the written request of any citizen, firm, or

corporation, or educational institution in the State, test or calibrate weights, measures and weighing or measuring devices used as standards in the State. He, or his

deputy, or inspectors, at his direction shall at least once annually test all scales, weights,

and measures used in checking the receipts or disbursements of supplies in every

institution for the maintenance of which moneys are appropriated by the legislature,

and he shall report in writing his findings to the supervisory board and to the executive

officer of the institution concerned, and, at the request of such board or executive offi- cer, the superintendent (commissioner) of weights and measures shall appoint in

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

Sec. 8. When not otherwise provided by law the State superintendent (commissioner) shall have the power, and it shall be his duty, in those parts of the State in

which a city or county sealer is not required to be appointed by the provisions of this

act, to inspect, test, try, and ascertain if they are correct all weights, measmres, and

weighing or measuring devices kept, offered, or exposed for sale, sold, or used or employed by any proprietor, agent, lessee, or employee in proving the size, quantity,

extent, area, or measurement of quantities, things, produce, or articles for distribution or consiunption purchased or offered or submitted by such person or persons for sale, hire, or award; and he shall have the power to and shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept

for the purpose of sale, offered or exposed for sale, or sold or in the process of delivery,

in order to determine whether the same contains the amounts represented, and whether

they be offered for sale or sold in a manner in accordance with law. He shall at least twice each year and as much oftener as he may deem necessary see that all weights, measures, and weighing or measuring devices used are correct. He may for the purpose

above mentioned, and in the general performance of his official duties, enter and go

into or upon, and without formal warrant, any stand, place, building, or premises, or stop any dealer whatsoever, and require him, if necessary, to proceed to some place

which the State superintendent (commissioner) may specify, for the purpose of making the proper tests. Whenever the State superiatendent (commissioner) finds a violation of the statutes relating to weights and measures, he shall cause the violator

to be prosecuted.

Sec. 9. Whenever the State superintendent (commissioner) compares weights, measures, or weighing or measuring instruments and finds that they correspond or causes them to correspond with the standards in his possession, he shall seal or mark

such weights, measures, or weighing or measuring instruments with appropriate

devices. Sec. 10. The State superintendent (commissioner) shall condemn and seize and

may destroy incorrect weights, measures, or weighing or measuring devices which,

in his best judgment, are not susceptible of satisfactory repair; but such as are incor- rect and yet may be repaired, he shall mark or tag as " Condemned for repairs." The

owner or users of any weights, measures, or weighing or measuring devices of which

such disposition is made shall have the same repaired or corrected within ten days,

and they may neither use nor dispose of the same m any way, but shall hold the same

at the disposal of the superintendent (commissioner). Any weights, measures, or weighing or measuring devices which have been "condemned for repairs," and have

not been repaired as required above, shall be confiscated by the superintendent

(commissioner).

Sec. 11. The powers and duties given to and imposed upon the State superintendent (commissioner) of weights and measures by sections eight, nine, and ten are hereby given to and imposed upon his deputy and inspectors also, when acting

under his instructions and at his direction.

Sec. 12. There shall be a county sealer of weights and measures in each county

having a population of twenty thousand or more inhabitants, exclusive of any city

having a population of twenty-five thousand or more inhabitants situated therein,

according to the last official State or United States census, who shall be appointed

by the board of county commissioners for a term of five years. He shall be paid a

salary determined by such board, said salary not to be less than $1,000 a year, and no

fee shall be charged by him or by the county for the inspection, testing, or sealing or the repairing or adjusting of weights, measures, or weighing or measuring devices.

Whenever the board of county commissioners of such a coimty shall deem it necessary,
282 BUREAU OF STANDARDS.

they may appoint and fix the salary of one or more deputy sealers of weights and measures. Such deputy or deputies, when not appointed merely for some temporary purpose, shall hold office for a term of five years from the date of their appointment, and

all deputies appointed shall have the same powers and may perform the same duties

as the county sealer, when acting under hia instructions and at his direction. Sec. 13. There shall be a city sealer of weights and measures in cities of not less than twenty-five thousand population, according to the latest official State or United

States census, to be appointed by the mayor from a list to be furnished by the civil- service board and under the rules of such board where such board exists; otherwise

he shall be appointed by the mayor, by and with the advice and consent of the com- mon council for a term of five years. He shall be paid a salary to be determined by

the common council, said salary not to be less than $1,000 a year, and no fee shall be

charged by him or by the city for the inspecting, testing, or sealing, or the repairing

or adjusting of weights, measures, or weighing or measuring devices. Whenever the

mayor and common council shall deem it necessary, one or more deputy sealers of weights and measures may be appointed and their salary fixed as above, who, when

not appointed merely for some temporary purpose, shall hold office for a term of five years from the date of their appointment. AH deputies appointed shall have the same powers and may perform the same duties as the city sealer, when acting under

his instructions and at his direction. In those cities in which no sealer is reqxiired

by the above, the county sealer of the county, if such an officer is required to be

appointed by the provisions of this act, shall perform in said cities the duties and

have like powers as in the county.

Sec. 14. Nothing in sections twelve and thirteen of this act shall be conistrued to prevent two or more counties or a county and a city situated therein, each of which

are required to appoint sealers under the provisions of this act, from combining the

whole or any part of their districts, as may be agreed upon by the boards of county

commissioners of the counties, or such board of the county and the mayor and com- mon council of the city with one set of standards and one sealer, upon the written consent of the State superintendent (commissioner) of weights and measures. A

sealer appointed in pursuance of an agreement for such combination shall, subject to the terms of his appointment, have the same authority, jurisdiction, and duties as if he had been appointed by each of the authorities who are parties to the agreement.

Sec. 15. The county or city sealer of weights and measures shall forthwith, on hia

appointment, give a bond in the penal sum of $1,000, with siKeties, to be approved

by the appointing power, for the faithful performance of the duties of his office. Sec. 16. The board of county commissioners of each coimty and the common council

of each city required to appoint a sealer under the provisions of this act shall procure

at the expense of the county or city, and shall keep at all times a set of weights and

measures and other apparatus as complete and of such materials and construction as the said superintendent (commissioner) of weights and measures may direct. All

such weights, measures, and other apparatus having been tried and accurately proven

by the State superintendent (commissioner) shall be sealed and certified to by him

as hereinbefore provided, and shall be then deposited with and preserved by the

county or city sealer as public standards for each county or city.

Whenever the board of county commissioners of such county or the common council

of such city shall neglect for six months so to do, the county auditor of said county,

or the city clerk (comptroller) of said city, on notification and request by the super- intendent (commissioner) of weights and measures, shall provide such standards and

cause the same to be tried, sealed, and deposited at the expense of the county or city. Sec. 17. Where not otherwise provided by law, the county or city sealer shall have

the same powers and shall perform the same duties within his county or city as are granted to and imposed upon the State superintendent (commissioner) of weights and

measures by sections eight, nine, and ten of this act. Sec. 18. The county or city sealer shall keep a complete record of all of his official acts, and shall make an annual report, duly sworn to, on the first day of , to the State superintendent (commissioner) of weights and measures, on blanks furnished

by the latter; and also, any special reports that the latter may request. Sec. 19. The superintendent (commissioner) of weights and measiu'es, his deputy,

and inspectors, and the county and city sealers and deputy sealers of weights and

measures, are hereby made special policemen and are authorized and empowered to

arrest, without formal warrant, any violator of the statutes in relation to weights and

measures, and to seize for use as evidence, without formal warrant, any false or unsealed
EIGHTH CONFEEENCE OF WEIGHTS AKD MEASURES. 283

weight, measure, or weighing or measuring device or package or amount of commodity found to be used, retained, or offered or exposed for sale or sold in violation of law. Sec. 20. Any person who shall hinder or obstruct in any way the superintendent

(commissioner) of weights and measures, his deputy, or inspectors, or any county or

city sealer or deputy sealer of weights and measures, in the performance of his official duties shall be guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine of not less than $20 or more than

$200, or by imprisonment in the county jail for not more than three months, or by

both such fine and imprisonment. _ Sec. 21. Any person who shall impersonate in any way the superintendent (commissioner) of weights and measures, his deputy, or inspectors, or any county or city

sealer or deputy sealer of weights and measures, by the use of his seal or counterfeit

of his seal, or otherwise, shall be guilty of a misdemeanor, and, upon conviction thereof

in any court of competent jurisdiction, shall be punished by a fine of not less than $100

nor more than $500, or by imprisonment for not more than one year, or by both such

fine and imprisonment.

Sec. 22. It shall be unlawful to sell or offer to sell any coal, coke, or charcoal in any

other manner than by weight. It shall be unlawful for any person to deliver any coal,

coke, or charcoal without each such delivery being accompanied by a delivery ticket

and a dupUcate thereof, on each of which shall be in ink or other indelible substance,

distinctly expressed in pounds, the gross weight of the load, the tare of the dehvery

vehicle, and the quantity or quantities of coal, coke, or charcoal contained in the

vehicle used in such dehveries, with the name of the purchaser thereof, and the name

of the dealer from whom purchased. One of these tickets shall be surrendered to the

State superintendent (commissioner), hia deputy, or inspectors, or a county or city

sealer or deputy sealer of weights and measures, upon his demand for his inspection,

and this ticket or a weight slip issued by him when he desires to retain the original

shall be delivered to the said purchaser of said coal, coke, or charcoal, or his agent or representative at the time of the delivery of the fuel; and the other ticket shall be

retained by the seller of the fuel. When the buyer carries away the purchase, a delivery ticket showing the actual number of pounds delivered to him must be given to him at the time the sale is made.

Sec. 23. It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell, any commodity in package form unless the net quantity of the contents be

plainly and conspicuously marked on the outside of the package, in terms of weight, measure, or numerical count: Provided, however, That reasonable variations or tolerances shall be permitted, and that these reasonable variations or tolerances and

also exemptions as to small packages shall be established by rules and regulations

made by the superintendent (commissioner) of weights and measures: And provided,

further, That this section shall not be construed to apply to those commodities in

package form, the manner of sale of which is specifically regulated by the provisions

of other sections of this act. The word "package " as used in this section shall be construed to include the package, carton, case, can, box, barrel, bottle, phial, or other receptacle put up by the

manufacturer; or, when put up prior to the order of the commodity, by the vendor,

which may be labeled, branded, or stenciled or otherwise marked, or which may be

suitable for labehng, branding, or stenciling, or marking otherwise, making one complete package of the commodity. The word "package " shall be construed to include

both the wholesale and the retail package.

Sec. 24. It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell, any commodity composed in whole or in part of cotton, wool, linen, or silk, or any other textile material on a spool or similar holder, or in a container or band, or in a bolt or roll, or in a ball, coil, or skein, or in any similar manner, unless the net

amount of the commodity in terms of weight or measure shall be definitely, plainly,

and conspicuously marked on the principal label, if there be such a label; otherwise on a wrapping, band, or tag attached thereto. The words "spool or similar holder, container or band, bolt or roll, or ball, coil, or skein " shall be construed to include the spool or similar holder, container or band,

bolt or roll, or ball, coil, or skein put up by the manufacturer; or when put up prior to the order of the commodity, by the vendor. It shall be held to include both the

wholesale and the retail package.

Sec. 25. It shall be unlawful for any person to sell, or offer to sell, any butter or renovated or process butter or oleomargarine in any other manner than by weight.

It shall be unlawful for any person to put up, pack, or keep for the purpose of sale.
284 BUREAU OF STANDARDS.

offer or expose for sale, or sell any butter or renovated or process butter, or oleomargarine in the form of prints, bricks, or rolls in any other than the following sizes, to wit,

one-quarter pound, one-half pound, one pound, one and one-half pounds, or multiples of one pound._ Each print, brick, or roll shall bear a definite, plain, and conspicu- ous statement of its true net weight, on the principal label, where there be such a

label, otherwise on the outside wrapper thereof; such statement shall be in Gothic

type not less than one-quarter inch square. The prints, bricks, or rolls referred to in this section shall be construed to include

those prints, bricks, or rolls put up by the manufacturer or producer; or when put up

prior to the order of the commodity, by the vendor.

Sec. 26. All bread kept for the purpose of sale, offered or exposed for sale, or sold, shall be sold by weight. To each loaf of bread shall be attached a label plainly showing

its correct weight and the firm name of the manufacturer thereof, the size of the label and type to be used to be specified by the State superintendent (commissioner) of weights and measures. It shall be unlawful for any person to make or keep for the

purpose of sale, offer or expose for sale, or sell, any bread other than such aa shall be

m accordance with the provisions of this section.

Sec. 27. Bottles used for the sale of milk or cream shall be of the capacity of one-half

gallon, three pints, one quart, one pint, one-half pint, and one gill, filled full to the

bottom of the lip. The following variations on individual bottles or jars may be

allowed, but the average content of not less than twenty-five bottles selected at ran- dom from at least four times the number tested must not be in error by more than

one-quarter of these tolerances: Six drams above and six drams below on the half gallon,

five drams above and five drams below on the three-pint, four drams above and four

drams below on the quart, three drams above and three drams below on the pint,

two drams above and two drams below on the half-pint, and two drams above and

two drams below on the gill. Bottles or jars used for the sale of milk or cream shall have clearly blown or otherwise permanently marked in the side of the bottle the

capacity of the bottle and the word ' 'Sealed;" and in the side or bottom of the bottle

the name, initials, or trade-mark of the manufacturer and a designating number,

which designating number shall be different for each manufacturer and may be used

in indentifying the bottles. The designating number shall be furnished by the State superintendent (commissioner) of weights and measures upon application by the

manufacturer, and upon the filing by the manufacturer of a bond in the sum of $1,000,

with sureties to be approved by the secretary of state (attorney general) conditioned

upon their conformance with the requirements of this section. A record of the bonds

furnished and the designating numbers and to whom furnished shall be kept in the

office of the superintendent (commissioner) of weights and measures. Any manufacturer who sells or offers to sell milk or cream bottles to be used in this State that do not comply as to size and markings with the provisions of this section

shall suffer a penalty of $500, to be recovered by the attorney general in an action

against the offender's bondsmen to be brought in the name of the people of the State. Any dealer who uses, for the purpose of selling milk or cream, jars or bottles purchased

after this law takes effect that do not comply with the requirements of this section as

to markings and capacity shall be deemed guilty of using a false or insufficient measure.

Sealers of weights and measures are not required to seal bottles or jars for milk or cream marked as in this section provided, but they shall have the power to and shall from time to time make tests on individual bottles used by the various firms in the

territory over which they have jurisdiction in order to ascertain if the above provisions are being complied with, and they shall immediately report violations found to the State superintendent (commissioner) of weights and measures.

Sec. 28. The standard barrel for fruits, vegetables, and produce shall be of the

following dimensions when measured without distension of its parts: Diameter of head

inside of staves, seventeen and one-eighth inches; distance between heads, inside

measurement, twenty-six inches; the outside bilge or circumference not less than

sixty-four inches; and the thickness of staves not more than four-tenths of an inch:

Provided, That any barrel of a different form having the same distance between heads

and a capacity of seven thousand and fifty-six cubic inches shall be a standard barrel. It shall be unlawful for any person to offer or expose for sale or sell any other barrels

for fruits, vegetables, or produce, or any fruits, vegetables, or produce in other barrels

than the standard barrel as defined in this section.

Sec. 29. It shall be unlawful to sell or offer to sell any berries or small fruits in any

other manner than by weight, dry measure, or in the containers described in this

section. It shall be imlawful to procure or keep for the purpose of sale, offer or ex-
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES. 285

pose for sale, sell, or give away baskets or other open containers for berries or small

miits, holding one quart or less, or to procure or keep'for the purpose of sale, offer or expose for sale, or sell berries or small fruits in baskets or other open containers,

holding one quart or less, of any other than the following capacities, when level full: One quart, one pint, or one-half pint, standard dry measure.

Sec. 30. 'Whenever any commodity is sold on a basis of weight, it shall be unlawful

to employ any other weight in such sale than the net weight of the commodity; and all contracts concerning goods sold on a basis of weight shall be understood and construed

accordingly. Whenever the weight of a commodity is mentioned in this act, it shall be understood and construed to mean the net weight of the commodity.

Sec. 31. Any person who, by himself or by his servant or agent, or as the servant

or agent of another person, shall offer or expose for sale, sell, use in the buying or

selling of any commodity or thing or for hire or award, or retain in his possession a

false weight or measure or weighing or measuring device which has not been sealed

by the State superintendent (commissioner), or his deputy, or inspectors, or by a

sealer or deputy sealer of weights and measures within one year, or shall dispose

of any condemned weight, measure, or weighing or measuring device contrary to law,

or remove any tag placed thereon by the State superintendent (commissioner), or

his deputy, or inspectors, or by a sealer or deputy sealer of weights and measures;

or who shall sell or offer or expose for sale less than the quantity he represents, or shall take or attempt to take more than the quantity he represents, when, as the buyer, he

furnishes the weight, measure, or weighing or measuring device by means of which

the amount of commodity is d.etennined; or who shall keep for the purpose of sale, offer or expose for sale, or sell any commodity in a manner contrary to law; or who shall violate any provision of this act for which a specific penalty has not been provided;

or who shall sell or offer for sale, or use or have in his possession for the purpose of

selling or using any device or instrument to be used to or calculated to falsify any

weight or measure shall be guilty of a misdemeanor, and shall be punished by a fine

of not less than §20 or more than $200, or by imprisonment for not more than three

months, or by both such fine and imprisonment, upon a first conviction in any court

of competent jurisdiction; and upon a second or subsequent conviction in any court

of competent jurisdiction he shall be punished by a fine of not less than §50 or more

than $500, or by imprisonment in the county jail for not more than one year, or by both

such fine and imprisonment.

Sec. 32. The word "person" as used in this act shall be construed to import both

the plural and singular, as the case demands, and shall include corporations, companies, societies, and associations.

The words "weights, measures, or (and) weighing or (and) measuring devices," as used in this act, shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any

appliances and accessories connected with any or all such instruments.

The words "sell" or "sale" as used in this act, shall be construed to include barter

and exchange.

FORM NO. 3. Section 1. The weights and measures received from the United States under a

resolution of Congress approved June 14, 1836, and such new weights and measures

as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be supplied by the State in con- formity therewith and certified by the National Bureau of Standards, shall be the

State standards of weights and measures.

Sec. 2. In addition to the State standards of weights and measures, provided for above, there shall be supplied by the State at least one complete set of copies of these,

to be kept at all times in the office of the State superintendent (commissioner) and

to be known as office standards; and such other weights, measures, and apparatus as may be found necessary to carry out the provisions of this act, to be known as working

standards. Such weights, measures, and apparatus shall be verified by the State superintendent (commissioner) or his deputy, or inspectors, at his direction, upon

their initial receipt and at least once in each year thereafter, the office standards by

direct comparison with the State standards, the working standards by comparison

with the office standards. When found accurate upon these tests the office and

working standards shall be sealed by stamping on them the letter "—" and the last two figures of the year with seals which the State superintendent (commissioner) shall have and keep for that purpose. The office stanclards shall be used in making all
286 BUEEAU OF STANDARDS.

comparisons of weights, measiires, and weighing and measuring devices submitted for test m the office of tlie superintendent (commissioner) and the State standards shall be used only in verifying the office standards and for scientific purposes. Sec. 3. There shall be a State superintendent (commissioner) of weights and measures, who shall be appointed by the governor, by and with the advice and consent

of the senate. Such superintendent (commissioner) shall be appointed for a term of five years, and shall receive a salary of $ a year. There shall be a deputy

superintendent (commissioner) of weights and measures and inspectors of weights

and measiues, the deputy to be appointed by the superintendent (commissioner) of weights and measures and to hold office during the superintendent's (commissioner's)

term of office; the inspectors to be appointed from an eligible list prepared by the

civil-service board and under the rules of said board. The superintendent (commissioner) of weights and measures shall be allowed for salaries for the deputy superintendent (commissioner) of weights and measures, inspectors of weights and measures,

clerical services, traveling and contingent expenses for himself, his deputy, and

inspectors such sums as shall be appropriated by the legislatiu-e. Sec. 4. The State superintendent (commissioner) of weights and measures shall forthwith, on his appointment, give a bond in the penal sum of $5,000, with sureties, to be approved by the secretary of state (attorney general) for the faithful perform- ance of the duties of his office and for the safe-keeping of the standards intrusted to his care and for the surrender thereof immediately to Ids successor in office or to the

person appointed by_ the governor to receive them. The deputy superiutendent

(commissioner) of weights and measures and each inspector of weights and measures

shall forthwith upon his appointment give a bond in the penal sum of $1,000, with

sureties, to be approved by the secretary of state (attorney general), for the faithful performance of the duties of his office and for the safe-keeping of any apparatus

intrusted to his care. Sec. 5. The superintendent (commissioner) of weights and measures shall take

charge of the standards adopted by this act as standards of the State, and cause them

to be kept in a fireproof building belonging to the State (or in a safe and suitable

Elace in the office of the superintendent (commissioner)), from which they shall not

e removed except for repairs or for certification, and he shall submit them at least once in ten years to the National Bureau of Standards for certification. He shall keep a complete record of the standards, balances, and other apparatus belonging to the State and take a receipt for the same from his successor in office. lie shall anniially, on the first day of , make to the governor a report of all work done by his office. Sec. 6. The State superintendent (commissioner) of weights and measures, or his

deputy, or inspectors, at his direction, shall at least once in five years try and prove

by the office standards all standard weights, measures, and other apparatus which

may belong to any coimty or city, and shall seal such when found to be accurate by

stamping on them the letter " —" and the last two figures of the year with seals which

he shall nave and keep for that purpose. The State superintendent (commissioner), or his deputy, or inspectors, at his direction, shall inspect all standard weights, measures, and other apparatus used by the

counties and cities at least once in two years, and shall keep a record of the same. He,

or his deputy, or inspectors, at his direction, shall at least once in two years visit the various cities and coimties of the State for this purpose and in order to inspect

the work of the local sealers, and in the performance of such duties they shall have

the same powers as the local sealer of weights and measures. The superintendent

(commissioner) shall issue from time to time regulations for the guidance of coimty

and city sealers, and the said regulations shall govern the procedure to be followed

by the aforesaid officers in the discharge of their duties. Sec. 7. The State superintendent (commissioner) of weights and measures shall have and keep a general supervision of the weights, measures, and weighing or meastiring devices offered for sale, sold, or in use in the State. He, or his deputy, or

inspectors, at his direction, shall, upon the written request of any citizen, firm, cor- poration, or educational institution in the State, test or calibrate weights, measures, and weighing or measuring devices, used as standards in the State. He, or his deputy,

or inspectors, at his direction, shall at least once annually test all scales, weights,

and measures used in checking the receipts or disbursements of supplies in every

institution for the maintenance of which moneys are appropriated by the legislature,

and he shall report in writing his findings to the supervisory board and to the executive officer of the institution concerned, and, at the request of such board, or executive

officer, the superintendent (commissioner) of weights and measures shall appoint
EIGHTH CONFERENCE OF WEIGHTS AND MEASURES, 287

in writing one or more employees then in the actual service of the institution who

shall act as special deputies for the purpose of checking the receipts or disbursements

of supplies. Sec. 8. There shall be a county sealer of weights and measures in each county,

who shall be appointed by the board of county commissioners for a term of five years. He shall be paid a salary determined by such board, said salary not to be less than

$1,000 a year, and no fee shall be charged by him or by the county for the inspecting,

testing, or sealing, or the repairing or adjusting of weights, measures, or weighing or measuring devices. Whenever the board of county commissioners shall deem it necessary they may appoint and fix the salary of one or more deputy sealers of weights

and measures. Such deputy or deputies, when not appointed merely for some

temporary purpose, shall hold office for a term of five years from the date of their

appointment, and all deputies appointed shall have the same powers and may per- form the same duties as the coxmty sealer when acting under his instructions and at

his direction.

Sec. 9. There shall be a city sealer of weights and measures in cities of not lesa than twenty-five thousand population, according to the latest official State or United

States census, to be appointed by the mayor from a list to be furnished by the civil service board and under the rules of such board where eucb board exists; otherwise

he shall be appointed by the mayor, by and with the advice and consent of the com- mon council, for a term of five years. He shall be paid a salary to be determined by

the common council, said salary not to be less than $1,000 a year, and no fee shall be charged by him or by the city for the inspecting, testing or sealing, or repairing

or adjusting of weights, measures or weighing or measuring devices. VJlxenever the

mayor and common council shall deem it necessary, one or more deputy sealers of weights and measures may be appointed and their salary fixed as above, who, when

not appointed merely for some temporary purpose, shall hold ofiice for a term of five years from the date of their appointment. All deputies appointed shall have the same powers and may perform the same duties as the city sealer when acting under

his instructions and at his direction. In those cities in which no sealer is required by the above the county sealer of the

coimty shall perform in the said cities the duties and have like powers as in the

county.

Sec. 10. Nothing in sections eight and nine of this act shall be construed to pre- vent two or more counties, or a county and a city situated therein, from combining

the whole or any part of their districts, as may be agreed upon by the boards of coimty

commissioners of the counties, or such board of the county and the mayor and common

council of the city, with one set of standards and one sealer, upon the written consent

of the State superintendent (commissioner) of weights and measures. A sealer appointed in pursuance of an agreement for such combination shall, subject to the

terms of his appointment, have the same authority, jurisdiction, and duties as if he had been appointed by each of the authorities who are parties to the agreement.

Sec. 11. The county or city sealer of weights and measures shall forthwith, on

his appointment, give a bond in the penal sum of $1,000, with sureties, to be approved

by the appointing power, for the faithful performance of the duties of his office. Sec. 12. The board of county commissioners of each county and the common council

of each city required to appoint a sealer under the provisions of this act shall procure

at the expense of the county or city, and shall keep at all times a set of weights

and measures and other apparatus, as complete and of such materials and construction

as the State superintendent (commissioner) of weights and measures may direct. All such weighte, measures, and other apparatus having been tried and accurately

proven by the State superintendent (commissioner) shall be sealed and certified to by him as hereinbefore provided, and shall be then deposited with and preserved

by the county or city sealer as public standards for each county or city.

Whenever the board of county commissioners of a county or the common council

of such city shall neglect for six months so to do, the county auditor of the county,

or the city clerk (comptroller) of said city, on notification and request by the super- intendent (commissioner) of weights and measures, shall provide such standards and

cause the same to be tried, sealed, and deposited at the expense of the county or city. Sec. 13. WTien not otherwise provided oy law the county or city sealer shall have

the power and it shall be his duty within his county or city to inspect, test, try, and

ascertain if they are correct all weights, measures, and weighing or measuring devices

kept, offered, or exposed for sale, sold, or used or employed within the county or city

by any proprietor, agent, lessee, or employee in proving the size, quantity, extent,
288 BUREAU OF STANDARDS.

area, or measurement of quantities, things, produce, or articles for distribution or con- sumption purchased or offered or submitted by such person or persons for sale, hire, or award ; and he shall have the power to and shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the

purpose of sale, offered or exposed for sale, or sold or in the process of delivery, in

order to determine whether the same contain the amounts represented, and whether

they be kept, offered or exposed for sale or sold in a manner m accordance with law;

he shall at least twice each year and as much oftener as he may deem necessary see that all weights, measures, and weighing or measuring devices used in the county or city are correct. He may for the purpose above mentioned, and in the general per- formance of Ms official duties, enter and go into or upon, and without formal warrant,

any stand, place, building, or premises, or stop any person whomsoever, and require

him, if necessary, to proceed to some place which the sealer may specify, for the

purpose of making the proper tests. Whenever the county or city sealer finds a

violation of the statutes relating to weights and measures, he shall cause the violator

to be prosecuted.

Sec. 14. Whenever the county or city sealer compares weights, measures, or weighing or measuring devices and finds that they correspond or causes them to correspond

with the standards in his possession, he shall seal or mark such weights, measures, or weighing or measuring devices with appropriate devices to be approved by the State superintendent (commissioner) of weights and measures.

Sec. 15. The county or city sealer shall condemn and seize and may destroy incor- rect weights, measures, or weighing or measuring devices which, in his best judgment,

are not susceptible of satisfactory repair; but such as are incorrect and yet may be

repaired, he shall mark or tag as "Condemned for repairs " in a manner prescribed by

the State superintendent (commissioner) of weights and measures. The owners or

users of any weights, measures, or weighing or measuring devices of which such dis- position is made, shall have the same repaired or corrected within 10 days, and they

may neither use nor dispose of the same in any way, but shall hold the same at the

disposal of the sealer. Any weights, measures, or weighing or measuring devices

which has been "Condemned for repairs," and have not been repaired as required

above, shall be confiscated by the sealer. Sec. 16. The county or city sealer shall keep a complete record of all of his ofl&cial acts, and shall make an annual report to the board of county commissioners of the

county or the mayor and common council of the city, and an annual report, duly

sworn to, on the 1st day of , to the State superintendent (commissioner) of weights and measures, on blanks to be furnished by the latter; and also any special

reports that the latter may request.

Sec. 17. The superintendent (commissioner) of weights and measures, his deputy

and inspectors, and the county and city sealers and deputy sealers of weights and

measures, are hereby made special policemen, and are authorized and empowered to

arrest, without formal warrant, any violator of the statutes in relation to weights and

measures, and to seize for use as evidence, without formal warrant, any false or unsealed

weight, measure, or weighing or measuring device or package or amount of commodity

found to be used, retained, or offered or exposed for sale or sold in violation of law.

Sec. 18. Any person who shall hinder or obstruct in any way the superintendent

(commissioner) of weights and measures, his deputy, or inspectors, or any county or city sealer, or deputy sealer of weights and measures in the performance of his official duties shall be guilty of a misdemeanor, and, upon conviction thereof in any court of competent jurisdiction, shall be punished by a fine of not less than $20 or more than

$200, or by imprisonment in the county jail for not more than three months, or by

both such fine and imprisonment.

Sec. 19. Any person who shall impersonate in any way the superintendent (commissioner) of weights and measures, his deputy, or inspectors, or any county or city

sealer, or deputy sealer of weights and measures, by use of his seal or counterfeit of his

seal, or otherwise, shall be guilty of a misdemeanor, and upon conviction thereof in

any court of competent jurisdiction shall be punished by a fine of not less than $100 nor more than |500, or by imprisonment for not more than one year, or by both such

fine and imprisonment.

Sec. 20. It shall be unlawful to sell or offer to sell any coal, coke, or charcoal in

any other manner than by weight. It shall be unlawful for any person to deliver any

coal, coke, or charcoal without such delivery being accompanied by a delivery ticket

and a duplicate thereof, on each of which shall be m ink or other indelible substance,

distinctly expressed in pounds, the gross weight of the load, the tare of the delivery

vehicle, and the quantity or quantities of coal, coke, or charcoal contained in the
EIGHTH CONFEEENCE OP WEIGHTS AND MEASURES. 289

vehicle used in such deliveries, with the name of the purchaser thereof, and the

name of the dealer from whom purchased. One of these tickets shall be surrendered

to the sealer or deputy sealer of weights and measures upon his demand for his inspection, and this ticket or a weight slip issued by him when he desires to retain the original shall be delivered to the said purchaser of said coal, coke, or charcoal, or his

agent or representative at the time of the delivery of the fuel; and the other ticket

shall be retained by the seller of the fuel. When the buyer carries away the purchase, a delivery ticket showing the actual number of pounds delivered to him must

be given to him at the time the sale is made.

Sec. 21. It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell any commodity in package form unless the net quantity of the contents be

plainly and conspicuously marked on the outside of the package, in terms of weight, measure, or numerical count: Provided, however. That reasonable variations or toler- ances shall be permitted, and that these reasonable variations or tolerances and also exemptions as to small packages shall be established by rules and regulations made

by the superintendent (commissioner) of weights and measures: and 'provided, further, That this section shall not be construed to apply to those commodities in package form the manner of sale of which is specifically regulated by the provisions of other sections of this act. The word "package" as used in this section shall be construed to include the package, carton, case, can, box, barrel, bottle, phial, or other receptacle put up by the

manufacturer; or, when put up prior to the order of the commodity, by the vendor;

which may be labeled, branded, or stenciled, or otherwise marked, or which may be

suitable for labeling, branding, or stenciling, or marking otherwise, making one complete package of the commodity. The word "package " shall be construed to include

both the wholesale and retail package.

Sec. 22. It shall be unlawful to keep for the pui-pose of sale, offer or expose for sale, or sell any commodity composed in whole or in part of cotton, wool, linen, or silk, or any other textile material on a spool or similar holder, or in a container or band, or in a bolt or roll, or in a ball, coil, or skein, or in any similar manner, unless the net

amount of the commodity in terms of weight or measure shall be definitely, plainly,

and conspicuously marked on the principal label, if there be such a label; otherwise on a wrapper, band, or tag attached thereto. The words "spool or similar holder, container or band, bolt or roll, or ball, coil, or skein " shall be construed to include the spool or similar holder, container or band,

bolt or roll, or ball, coil, or skein put up by the manufacturer; or, when put up prior to the order of the commodity, by the vendor. It shall be held to include both the

wholesale and the retail package.

Sec. 23. It shall be unlawful for any person to sell or offer to sell any butter, or renovated or process butter, or oleomargarine in any other manner than by weight.

It shall be unlawful for any person to put up, pack, or keep for the purpose of sale, offer or expose for sale, or sell any butter or renovated or process butter, or oleomargarine in the form of prints, bricks, or rolls in any other than the following sizes, to wit: One-quarter poimd, one-half jpoimd, one pound, one and one-half pounds,

or multiples of one pound. Each prmt, brick, or roll shall bear a definite, plain,

and conspicuous statement of its true net weight, on the principal label, where there

be such label, otherwise on the outside wrapper thereof; such statement shall be in

Gothic type not less than one-quarter inch square. The prints, bricks, or rolls referred to in this section shall be construed to include

those prints, bricks, or rolls put up by the manufacturer or producer; or, when put

up prior to the order of the commodity, by the vendor.

Sec. 24. All bread kept for the purpose of sale, offered or exposed for sale, or sold, shall be sold by weight. To each loaf of bread shall be attached a label plainly showing its correct weight and the firm name of the manufacturer thereof, the size of the

label and type to be used to be specified by the State superintendent (commissioner)

of weights and measures. It shall be unlawful for any person to make or keep for the purpose of sale, offer or expose for sale, or sell any bread other than such as shall be in accordance with the provisions of this section. Sec. 25. Bottles used for the sale of milk or cream shall be of the capacity of onehalf gallon, three pints, one quart, one pint, one-half pint, and one gill, filled full to the bottom of the lip. The following variations on individual bottles or jars may be

allowed, but the average content of not less than twenty-five bottles selected at random

from at least four times the mmiber tested must not be in error by more than one- 28670°—14 19
290 BUEEAU OF STANDARDS.

quarter of these tolerances: Six drams above and six drams below on the half-gallon;

five drams above and five drams below on the three-pint; four drama above and

four drams below on the quart; three drams above and three drams below on the

pint; two drams above and two drams below on the half-pint; and two drams above

and two di'ams below on the gill. Bottles or jars used for the sale of milk or cream

shall have clearly blown or otherwise permanently marked in the side of the bottle

the capacity of the bottle, and the word "Sealed"; and in the side or bottom of the

bottle the name, initials, or trade-mark of the manufacturer and a designating number, which designating number shall be different for each manufacturer and may be

used in identifying the bottles._ The designating number shall be furnished by the

State superintendent (commissioner) of weights and measures upon application by

the manufacturer, and upon the filing by the manufacturer of a bond in the sima of $1,000 with smreties to be approved by the secretary of State (attorney general) con- ditioned upon their conformance with the requirements of this section. A record

of the bonds furnished and the designating numbers and to whom furnished shall be kept in the office of the superintendent (commissioner) of weights and measures. Any manufacturer who sells or offers to sell milk or cream bottles to be used in this State that do not comply as to size and markings with the provisions of this section

shall suffer a penalty of $500, to be recovered by the attorney general in an action

against the offender's bondsmen, to be brought in the name of the people of the State. Any dealer who uses, for the purpose of selling milk or cream, jars or bottles purchased after this law takes effect that do not comply with the requirements of this

section as to markings and capacity shall be deemed guilty of using a false or insuffi- cient measure.

Sealers of weights and measures are not required to seal bottles or jars for milk or cream marked as in this section provided, but they shall have the power to and shall from time to time make tests on individual bottles used by various fhma in the terri- tory over which they have jurisdiction in order to ascertain if the above proAOsions

are being complied with, and they shall immediately report violations found to the

State superintendent (commissioner) of weights and measures.

Sec. 26. The standard barrel for fruits, vegetables, and produce shall be of the

following dimensions when measured without distension of its parts: Diameter of head inside of staves, seventeen and one-eighth inches; distance between heads,

inside measurement, twenty-six inches; the outside bilge or circumference not less than sixty-fotir inches; and the thickness of staves not more than foiu'-tenths of an

inch: Provided, that any barrel of a different form having the same distance between

heads and a capacity of seven thousand and fifty-six cubic inches shall be a standard

barrel. It shall be unlawful for any person to offer or expose for sale or sell any other

barrels for fruits, vegetables, or produce, or any fruits, vegetables, or produce in other

barrels than the standard barrel as defined in this section.

Sec. 27. It shall be unlawful to sell or offer to sell any berries or small fi'uits in any

other manner than by weight, dry measure, or in the containers described in this

section. It shall be unlawful to procure or keep for the purpose of sale, offer or expose

for sale, sell, or give away baskets or other open containers for berries or small fruits,

holding one quart or less, or to procure or keep for the purpose of sale, offer or expose

for sale, or sell berries or small fruits in baskets or other open containers, holding one

quart or less, of any other than the following capacities, when level full: One quart, one pint, or one-half pint, standard dry measure.

Sec. 28. \Mienever any commodity is sold on a basis of weight, it shall be unlawful

to employ any other weight in such sale than the net weight of the commodity; and all contracts concerning goods sold on a basis of weight shall be understood and con- strued accordingly. Whenever the weight of a commodity is mentioned in this act,

it shall be understood and construed to mean the net weight of the commodity.

Sec. 29. Any person who, by himself or by his servant or agent, or as the servant

or agent of another person, shall offer or expose for sale, sell, use in the buying or

selling of any commodity or thing or for hire or award, or retain in his possession a

false weight or measure or weighing or measuring device, or any weight or measure or weighing or measuring device which has not been sealed by the State superintendent (commissioner), or his deputy, or inspectors, or by a sealer or deputy sealer

of weights and measures within one year; or shall dispose of any condemned weight, measure, or weighing or measming device contrary to law, or remove any tag placed

thereon by the State superintendent (commissioner), or his deputy, or inspectors, or by a sealer or deputy sealer of weights and measures; or who shall sell or offer or expose

for Bale less than the quantity he represents, or shall take or attempt to take more

than the quantity he represents, when, as the buyer, he furnishes the weight, measure, or weighing or measuring device by means of which the amount of commodity
EIGHTH CONFERENCE OP WEIGHTS AND MEASURES. 291

is determined, or who shall keep for the purpose of sale, offer or expose for sale, or

sell any commodity in a manner contrary to law; or who shall violate any provision

of this act for which a specific penalty has not been provided ; or who shall sell or

offer for sale, or use or have in his possession for the purpose of selling or using any

device or instrument to be used to, or calculated to, falsify any weight or measure,

shall be guilty of a misdemeanor, and shall be punished by a fine of not less than $20

or more than $200, or by imprisonment for not more than three months, or by both

such fine and imprisonment upon a first conviction in any court of competent jurisdiction; and upon a second, or subsequent conviction in any court of competent

jurisdiction, he shall be punished by a fine of not less than $50 or more than $500, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.

Sec. 30. The word "person" as used in this act, shall be construed to import both

singular and plural, as the case demands, and shall include corporations, companies,

societies, and associations. The words "weights, measures, or (and) weighing or (and) measuring devices" as used in this act, shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any

appliance and accessories connected with any or all such instruments.

The words "sell" or "sale" as used in this act, shall be construed to include barter

and exchange.

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