The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1879-07-19

and measures in Carbon county. The Seal
er Of Weights and Measures Of this county
has demanded to seal and stamp my entire
stock in trade and charge me for each article
the fees prescribed by the act Of April 10,
1915. This would in many cases moro than
double the price Of the article and compel
INC to abandon the business Can he com
pei me to submit to this according to law
lie has already brought srit against me, for
the penalty provided in said Act.
Yours, &C., j. l.. GABEb.
J. L. GABEL, Esq
DEAN SIN; In reply to your question Of
July 1ith, will inform you that have cx-
amincd the law in relation to the rights and
duties of the sealer of weights and mcasur-
cs, and also the able law opinion of the law
! firm Of G. a II. Lear, Of Doylcstown, upon
the same subject mattor,which was PUBLISH
ed in various newspapers during the month
of May last. The question, which is learn
cdly discussed in the said opinion in rcln-
ton to the repeal Of the Act Of April, Is,
| lSd5,by the Act of March 22nd, 1859, has,
think, no bearing so far as Carbon county is
concerned or any other county not named
in the said repeating Act or Acts which fol
| lowed.
The Act Of lsi5 was repealed as TO certain
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purpose q o"y'"y "''o Se""V '"' """''' "''
l''' ., P,o'',o ~ '''1 '''V'"' 0'l''o"' "
''o '',' "'' W ''io '"'' 20 t'''
pow W ''''
'"''u 'o' '''''"'N'''s .''"V ""'' ''''','' W.
''' ''.o' " IA" '' 'oo'''' "''""' ~
N"''c'nB oh ''S '''e' 10 '''' '''0'"' ''''' "
| Assembly "n'cil 'e'o'o W ''o Po"o'' """
dnI'eS ol the oincer IN question: pu' W.
must take the law as we hhu ''' Su'h 7'oV-
utes generally receive different Constructions
The courts can only settle It,
The whole OF the provIso, OF when nave
/ quoted part is as follows: Provided, tha'
the provisions OF the NTH and sixth sec
tions OF this act shall not be so construed
" as to extend to beams, scales, weights ana
" measures, as shall not be USED by the pro-
"prietors thereof for tue purpose oil buying
"and selling lwith) the same
There is no sense or meaning in this pro
viso unless the word "Ddh' Is inserted be-
tween the words "selling" and "hc' near
the end of the sentence. If that be done
land that was evidently what the legislature
intended to do, and the word ,oih was prob
ably dropped inadvertently by the tran.
scribing clerk in copying), the proviso has
some little sense as a whole, and it gives the
word USED in the same sentence an intel.
ligent meaning. This construction would
also be in unison with the word USING in
the Sixth section Of the said Act Of 1915,
which provides, among other things, as fol
lows: That they shall be required 10 bring
"the same to his office before USING them
"and have them adjusted and sealed"
And il would also be in harmony with
the fifth section Of the said Act OF lSl5. The
Me5sr5' Lear say IN their opinion, there Is
no uncertainty or ambiguity in this section
Whatever the weights and measures are
USED Tor, or by whosoever ordered, II shall
he the duiy ol the seaIer To compare AL
weights ana measures which shall be
brought to MN Tor that purpose also fully
concur with the Lear opinion IN tins, that
ne cannot inspect them without your con
sent
am, therefore, oI lhe oPlhioh thaJ th'
meaning ana SP'r't o' 'he Jaw upon 'h'
question "l'ch you Pr"P'un' lS' tno' 'h'
Fe'''r o' "''sh'' ana measures mas no r'gh
OF power against your "lsheS' 70 seal "h'
7''"'P tue "e'Bht9 ana measures "h'ch you
Keep ]" 7'ocN 'o' S"lc' IT seems 10 me INA
10 Keep "e'snS ana measures ior SAFE c'l
hoI possibly mean tha1 you are using theih
" II n'cS '"'n 'ne "orus using ana use"
"hIch occur 50 prominently III lhe section
h'''e'' nave a new an" Ho'el s'gh'hcat'on
''""''y " my "o''"S "' 'he E'rs''Sh 'ahs
""s'' A"y ''n'r co"7''u'''on' u seems
'' "'' "ou'u give tue su'u ACT an uhre"''haDI
" / anu oppressive oPl'"''uoh' contrary 70 III
'"''h''"n o' 'ne Ia" makers
u II Tue sea'er h"S 1he ''sht 10 seal ana siam
such weights and measures as are kept Ia
2, sale he can do SO once in each year and rc
cover his lees therefor This would be out
rdse"us. II the SAID Official has any right
i III