The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-06-12

1t emptied in. The stamp or
brand is the primary evidence of
inspection, and when oil is found in a
particular package or vessel un
stamped, in or from which the oil is to
be retailed, dealers cannot be heard to
prove the fact of inspection of some
other vessel the contents of which in
whole or in part, are alleged to have
been emptied into such unstamped
vessel. Wherever dealers hold oils in
vessels which have been inspected
and branded as required by law, such
oils may be retailcd from such vessels
or may be held indefinitely, but the
dealers or persons in charge of such
oils have no right to transfer the con-
tents of particular vessels to other
vessels and place them on the market
in uninspected vessels, or to demand
of any inspector to adopt the inspec-
ton 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 inspec-
tor of the 9th (Dallas) district were to
inspect single large package, or yes
sci of any kind, and it were after
wards shipped to Laredo in the 18th
district. The owner could lawfully
sell the package or vessel, as whole,
or could retail from it to consumers,
if practicable, but he could not legal
ize sale of the oil in the unstamped
commercial packages into which
he might. transfer it; he could
not brand these packages in any
prescribed official brand with
out falsely branding in the
name of some duly authorized in
spector; nor could he demand of the
inspector at LAREDO to brand such
packages without in effect demanding
reinspection. The Laredo inspector
could not be required to exercise his
responsibility function of branding in
his own maine packages flied from the
large vessel which had been inspected
by the Dallas inspector, without in
spection by himself, nor could he Sc
brand without grave improperly, and
injustice to his sureties, who, if such
practice were lawful. would become
sureties for the Dallas as we'll as the
Laredo inspector. The brand of an
inspector legally imports an inspection
by him Of the oil contained in the
package or vessel to which it is affixed
Dealers cannot require partial or piece
meal inspection. An inspection
wherever or by whomsoever made, is
an entire act, and includes branding
OF the vessel or vessels inspected.
Where an inspector is called upon
to see oil transferred from larger YES
sells into ordinary commercial pack
ages, such as casks, barrels and other
packages-wagon tanks being specially
recognized in the law as packages
1T is his duty to brand (Which in
cludes the right and duty of inspect
ing) the same in his own name, and
he is entitled to collect the fees pre-
scrlbed by law according to class and
contents of packages branded, whether
such vessel bear an inspection stamp
or not. If it be desired by owners
that the contents of such inspected
and branded packages be transferred
into stationary retailing tanks, as il
merchants stores, that involves the
necessity of another branding which
legally imports another inspection
If, however, the transfer is made in
the presence of the inspector whose
brand is affixed on the emp
tied package, it is not nee.
essary to make 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 tc
strictly comply with the terms of this
circular, with a view to a more
thorough execution of the law, and
to that end, arrangements must be
made between district and deputy in
spectors, by interchanges and other
wise, for the additional service which
will be demanded of them. Respect.
fully, W. M. BROWN,
State Inspector.
Austin, Texas, June 9, 1890.