Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-11

consent of the senate, a suitable person,
resident of this state, who is not interested
in manufacturing, dealing or vending any
Illuminating oils manufactured from petrO-
leum, as state inspector of oils, whose term
of office shall be two years from the date
of his appointment or until his successor
shall be appointed and qualified; provided,
provisions Of this act shall be appointed for
one year. The governor shall have power
to remove such person from office when
ever it shall appear to him from good and
sufficient evidence that such officer is
guilty of malfeaSance or nOnfesance in the
performance of his duty, and may fill any
vacancy arising from such removal, from
resignation, death or removal from the
state, by a new appointment.
SEC. 2. 1t shall be the duty of said state
inspector of oils to examine and test, as
provided in this act, the quality of all
mineral or petroleum oil or any oil, fluid or
substance which Is a product of petroleum
or into which petroleum or any product of
petroleum enters or is found as a constit-
within this state or not before the same is
offered for sale or sold for consumption for
Illuminating purposes within the state; and
such inspection shall be conducted as
herein provided, in the following mi
The test shall be made in a test cup known
as the "Foster cup'' or "Foster'S automatic
oil t~ester;" and it is lawful to sell for illumi-
mating purposes any oil or oils herein de-
scribed to be consumed within the state,
which bear a flash test of one hundred de-
grees Fahrenheit, as shown by said ap-
paratus.
SEC. 8. The person appointed state oil
inspector shall, before he enters upon the
duties of his office, take an oath or affrma-
ton prescribed by the laws Of this state,
and shall execute a bond to the state of
north Dakota in the sum of $4,000, with
such sureties as shall be approved by the
governor of this state, conditioned for the
faithful performance of his duties under
this act, which bond so approved shall be
filed with the secretary Of state. The state
inspector, when so appointed and qualified,
of deputies who are not interested in manu-
figuring ins g G i%IiumIRnatin ~ oils Ills m anu
featured from petroleum, who are
empowered to perform the duties
of inspection of oils and are liable to the
same penalties as the state inspector, and
deputies for reasonable cause and appoint
others in their place. Each deputy inspec-
tor appointed shall, before entering upon
the duties of his Office, take a like oath or
affirmation, and execute q bond as afore-
said of not less than $1,000 nor more than
$4,000, as may be directed by the state in
spector, which bond, with such sureties as
be, with his approval thereon, filed in the
office of the clerk of the district court for
the county to which such deputy inspector
is appointed. Such state inspector and his
deputies are hereby empowered to and
shall, upon application and the tender of
fees herein provided, enter into any store,
shop or warehouse i'll which such illumin-
ofS-rp Ni1c nc ~ hnrnirhnfnrn yonv%iornI
are kept for sale. and inspect and test such
oils, branding the barrels in which the
same are contained as provided in this act.
Such state inspector and his deputies are
hereby empowered to, and shall upon ap-
plication and the tender of fees herein pro-
vided, during business hours inspect and
test all Illuminating oils standing upon a
railroad car, in which it is shipped into this
state, and the same shall not be drawn off
into a warehouse tank or unloaded until so
inspected, and no oil subject to test as
herein provided shall be drawn off or re-
moved from the tank, cask, barrel or other
vessel in which it has been shipped into
this state, until the same has been tested as
herein provided. When said oil in the
tank, railroad car, or in the cask, barrel or
other vessel in which it has been shipped,
has been inspected as provided above, no
other inspection shall be necessary, but
the inspector and his deputies shall, when
such oil is put into barrels, brand the same
as provided in this act without charge.
The inspector and his deputies shall be
either OF them, shall find on the premises
of any person, firm or corporation any il
Illuminating ole which appear to be unin-
spected, to duly inspect the same, and shall
charge therefor the fees allowed by this
act, and shall have a lien on such oils so
inspected for such fees, which lien may be
enforced as provided in cases OF liens on
deputy inspector on any barrel of oil shall
be subject to appeal to the state inspector,
whose decision shall be final.
SEC. 4. Such state oil inspector or depu-
ties shall be entitled to demand or receive
from the M or party calling upon him.
or for whom he shall inspect the sum of
forty h cents : for t teistlng s and marking a r a v sin,
not exceeding five in number;
twenty-five cents each when not exceeding
ten in number, and fifteen cents per bar
rel when the number of barrels is greater
than ten submitted at one time for inspec-
ton. When the amount contained in any
tank, cask or other vessel shall exceed fifty
gallons, each fifty gallons shall constitute
a barrel within the meaning of this sec
ton. The fees herein authorized shall
have a lien on the oils inspected as pro-
vided IN section 3 of this act. All oils in
quantities less than fifty barrels shall be
inspected at a railroad or river station, un-
less the party requesting such inspection
shall pay the inspector in advance in ad-
dition to the compensation heretofore pro-
vided by law, ten cents per mile for each
mile necessarily travelled in going to and
returning from the place where such in
spection is to be made: the distance to be
computed from the place of residence of
such inspector.
SEC. 5. The state inspector and his
deputies shall provide themselves at their
own expense with the necessary instru-
ments and apparatus and stencils, brands
and stamps for testing and marking the
quality of Illuminating oils, and when
called upon for that purpose shall promptly
inspect all oils herein mentioned, and re-
iect from Illuminating purposes for con-
sumption in this state, all oils which. by
being adulterated with naphtha, benZine.
parafine or other light oils or other sub
stance, or for any other reason will not
stand and be equal to the test herein pre-
scribed. The state inspector shall prepare
the forms of all stencils, brands and stamps
provided for in this act, and also all neces-
Sary regulations and rules for inspection,
not inconsistent with the terms and pro.
visions of this act, and such rules and
regulations shall be binding on all his
deputies in the state. The state inspector
and his deputies are required to test the
quality of all mineral or petroleum oils, or
49,, . ~ 4--x al Al,,sl a.