Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-04-07
THE CITY.
WEIGHTS AND MEASURES

4
The Conflict of Jurisdiction be,
tween the Seaiers of the City and
| County. d.
For some time past, as is well known q
| those Of our citizens interested in the sub
| ject of weights and measures, there has
been conflict Of authority between the
| city and county keepers Of the standards.
One of the troublesome questions growing
out of this conflict of authority is whether,
after a merchant in the city has paid the
| officer elected by the city to do such ser
vice for sealing weights and measures, can
the county sealer exact pay for doing the
same work, or which OF the two sealers has
priority of claim. Thus far, neither the
city nor county authorities have been able
to settle the matter in dispute, ner has any
| Judicial decision of the point been made
As the case stands at present, it seems
only possible to accord the two officers
concurrent jurisdiction, provided they can
amicably adjust differences, unless the fol-
lowing sections of the Code gives the en-
ployer the right to decide which of the
two officers shall be employed and paid
for the work of sealing weights and mea-
sures IN the city. 1s ot.a-l.4 ~ Cd
The following are the sections of the
Code to which we refer: t.s,
Section 46f. There shall be a Standard
Keeper and Sealer Of Weights and Measures
in each county in the State; who shall be
appointed by the County Court, and hold
his Office during the pleasure of the Court
Sec. 464 The incorporate authorities of
any city or town may appoint Standard
Keeper and Sealer of Weights and Measures
for such city or town procuring and having
verified suitable standard, at the expense Of
such corporation; and such officer shall
have the same power and authority as the
County Standard Keeper and Sealer.
The two sections quoted leaves no room
to doubt the authority Of both the city and
the county to appoint or elect a Keeper
and Sealer of Weights and Measures.
The following sections Of the Code pro
vide what shall be the compensation of the
Sealer:
Section 4,577. The Sealer of Weights
and Measures is entitled to demand and re-
eeive for sealing fifteen cents.
Sec. 4, SIS. The fees of Standard Keeper
and Sealer of Weights and Measures shall
be the following For proving and sealing
each balance beam, patent balance, plat
form scales, steel-yards or other weighing
apparatus requiring less than 100 pounds
to test, ten cents.
For such as require from 100 to SOC
pounds to test, twenty-fv cents.
For such as require 500 pounds or more
to test, fifty cents.
For proving and sealing each yard meas
ure, five cents.
For proving and sealing each capacity
measure, of less than one gallon, five
cents.
For one gallon or more, ten cents.
For proving and sealing each weight OF
poise of less than ten pounds, five cents.
For ten pounds or more, ten cents.
Sec. 1879. He may also charge a rea
sonable compensation for labor and mate
rails employed in making or attempting tc
| make such weights, measures or balances,
as are not correct, conform to the stand
| ards.
Sec. 4, $50. He shall also have a reason
able compensation for leaving his Office to
| prove, seal, or adjust weights or measures
not brought there for the purpose.
What may be considered reasonable com
pensation as referred to in the above in tn
two sections last quoted, may give rise +
future trouble in such transactions, bu
will hardly compare in Importance to tn
present disputed point as to which of tn,
two has prior or superior jurisdiction.
is hoped, however, that the great problem
may find satisfactory solution some wher
this side of the Supreme Court.