Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-06-10
OIL INSPECTION.
A Circular of instruction from w. N.
Brown, State Inspector of Oils.
Regulations for Selling Oils In Unbranded
Packages-A More Thorough Execution
Of the Law the Object.
OFFICE OF STATE INSPECTOR OF
OILS OF TEXAS,
AUSTIN, TEX, June 9, 1890.

AUSTIN, TEX, June 9, 1890.
To Inspectors, Vendors and Consumers of
Oils in the State of Texas:
When the oil inspection law OF Texas was
being put in operation. there was doubt in my
mind as to whether merchants could be allowed
to sell oil out of retailing tanks, unless such
tank bore inspector stamp as evidence Of
the fact that the oil contained therein had been
duly inspected. After much hesitation, was
inclined to acquiesce in the practice where the
oil was emptied into these retailing tanks
other similar vessels out of inspected pack
ages.
In an official letter upon this subject, at this
early period OF the existence Of the law, held
this language:
IF to prevent fraud and secure the inspection
OF all oil offered for sale, it were necessary, or
should hereafter become necessary, to forbid oil
to be sold, in any case, except from stamped or
branded packages, the inspector could do no
less than forbid It, That would not be 10 re-
quire second inspection and double inspection
fees. The retailer could arrange SO as to sell
from the branded package which he had bought,
defacing the stamp emptied. When he
elected, for his own convenience, to confuse
and mix together various oils in a pump
tank or reservoir, he could not blame the in
spector, II, finding himself unable to keep the
run OF the tank, he deemed it necessary to in
spect and brand the vessel, even though all the
oil had been inspected before in separate pack
ages. The fact that merchants had almost uni
versally provided themselves. in many cases at
considerable expense. with retailing tanks
in varying quantities with the least waste in
the shortest time, and with the greatest con-
venience, strongly dissu AIDED me from taking
any action until experience should show it to
be indispensable for thorough inspection, that
would abolish the tanks or render them useless
or improbable. -
generally RETAINED from abusing the oppor-
tunities for evasion Of the law presented by this
practice. but mature reflection satisfies me that
the inspection law does not contemplate or per-
init oil to be kept for sale, under any circum-
stances, except in branded package (sections
and q. You are, therefore, instructed to pro-
coed at once to inspect and brand all tanks or
other similar vessels from which oil is now re-
tailed, unless the vessel itself from which the oil
lis retaled bears an official stamp of Inspections
and to allow no additional oil emptied into such
retailing vessels, at any time thereafter, without
unless empty; and freshly branding such
vessel with reference to the additional
oil emptied therein, such additional
oil having been inspected by the inspector who
is to See IT emptied in. The stamp or brand is
the primary evidence of inspection, and when
oil Is found in particular package or vessel un-
stamped, in or from which the oil is to be re-
tailed, dealers cannot be heard to prove the fact
of inspection of some other vessel the contents
of which, in whole or in part, alleged to
have been emptied into such unstamped vessel
Wherever dealers'Sfp ID oils in vessels which
have been inspected and branded as required by
law, such oils may be retaied from such vessels,
or may be held indefinitely, but the dealers or
persons in chSrge of such oils have no right to
transfer the contents ofpartcular vessels to other
spected vessels, or to demand of any inspector
to adopt the inspection of any other inspector
whatever and to place his official brand on an |
indefinite number OF packages on the strength |
of an inspection made by such other inspector. |
To illustrate: Suppose the inspector OF the |
Sixth (Dallas) district were to inspect single |
large package vessel of any kind, and it were |
afterwards shipped to Laredo in the Seventeenth |
district. The owner could lawfully sell the |
package or vessel as a whole, or could retail |
from it to consumers, if practicable, but he |
could not legalize sale OF the oil in the IN |
stamped commercial packages into which he |
might transfer it; he could not brand these pack
ages in any prescribed official brand without |
falsely branding in the name of some |
duly authorized inspector; nor could, he. de- |
mand of the inspector at Laredo to brand fsue4St
packages with out in effect demanding a rein
spection. The Laredo inspector co9ld not be |
required to exercise his responsible junction of |
branding in his own name packages Alled from |
the large vessel which had been inspected b. the !
Dallas inspector, without inspection 6g<4lmself.
nor could he SO brand without graveampto-
priety, and injustice to his sureties, who. if such
a practice were lawful, would become sureties
for the Dallas as we'll as the Laredo inspector.
The brand of an inspector legally imports an in
spection by him of the oil contained in the y
package or vessel to which it is affixed. Dealers
cannot require partial or piece meal inspection.
An inspection, wherever or by whomsoever
made, is entire act, and includes branding of
the vessel or vessels inspected.
Where an inspector is called upon to see oil
transferred from larger vessels into ordinary
commercial packages, such as casks, barrels and
recognized In the iaw-as packages, it Is
his duty to brand (Which includes the right and
duty OF inspecting) the same, in his own name, |
and he is entitled to collect the fees prescribed
by law according to class and contents of the
packages branded, whether such vessel
bear an inspection stamp or not. If it be de
sired by owners that the contents OF such in
spected and branded packages be transferred
into stationary retailing tanks, as in merchants
stores, that involves the necessity of another
branding which legally imports another inspec-
ton. If, hoGever, the transfer is made in the
presence ofthe inspector whose brand is afhEedon
the emptied package, it is not necessary to make
o new test of the oil emptied, and in such in
stances inspectors are instructed to remit the
entire fee to which they are legally entitled,
except where such transfer subjects them to an
expense of travel as great or greater than the
legal fee for inspection.
All inspectors are required to strictly comply
with the terms of this circular, with view to a
more thorough execution OF the law and, to
that end, arrangements must be made between
district and deputy inspectors, by interchanges
and otherwise for the additional service which
will be demanded of them. Respectfully,
W. II. BROWN,