The record-union., 1891-11-19
WEIGHTS And MEASURES.
What Secretary of State Waite Thinks
Of the New Law.
Says it Is Unconstitutional and void
What It's Effect Would be
If Enforced.

Just been given to the public, is Of inter
est to merchants who would have been
affected by the enforcement of the law
passed by the last Legislature relating TO
the sealing OF weights and measures:
san FRANCIsCo, November II, 1891.
Z. O.. Waite, Secretary Of State, Sacramento
DEAR SIR: write you to learn, II possible,
what the chances are OF the Act TO establish
a standard Of weights and measures being put
in execution. The last Legislature passed the
Act, il was approved by the Governor, which
j. pr1ma facle evidence that the Act IS con-
shtutional and proper one, all the parties
beng sworn to support the Constitution and
su5Serve the public interests. BY the terms
OF the law ii should long ago have been put in
force. 1t is understood here that though
charged with the duty of setting the wheels of
the law in motion, you neglect or refuse to
discharge that duty, and in effect nuilify
law sanctioned by the Legislature and the
Governor, the only legally constituted law
making power IN the State. Your action, or
perhaps ! should say, non-aetion in the case,
is q matter of much comment in certain cir
cieS. Some OF our party friends are disap-
pointed in not receiving expected appoint
ments under the Act; the just criticism is III
dulged III that the business men Of this city
have made no protest against the Act and
that their silence gives consent to its execu-
ton. Thus, there is an array of apparent
reasons why the Act should be made effective.
There has been rumOr on our streets of
writ of mandamus to issue against you to
Fhow cause for your delayed or supposed an
tagonism to the law. Under the circum-
stances ] would ask is il not your duty to eX-
plain the situation, for every county in the
State has a direct interest in the Weights and
Measures Act, particularly San Francisco,
and he people of the State would like To be
informed if so important q measure is to be
put in force, put in allegiance or put TO
death.
WIN you be pleased to reply, as many
Others as well as myself, would like to know
the probable fate OF this important law. Very
respectfully, n. r. CozzENs.
Secretary Waite's reply, dated at San
Francisco, was as follows: "Your letter
of the 1lth inst, directed to Sacramento,
has reached me here. 1t may be true
that, as all the counties OF the State, and
especially the city and county of San
Francisco, are interested in the Weights
and Measures Act OF the last Legislature,
there is some anxiety TO learn the
probable fate of the Act. It may be true
that if this Act were to be put in force the
primary steps should have been taken
some months since, and it may also be
true that l am, in the public estimation,
in the attitude of nullifying a law passed
and approved by the only law-malking
power Of the State, and, therefore, it may
be due from me to explain the situation.
''While the weights and measures bill
was pending III the two houses of the
Legislature the fact is well known to
some Senators and Representatives that
I pointed out several of It's features as, in
my judgment, impolitic, unjust and un-
constitutional. Much TO my surprise the
bill became law, and certain duties were
made to deyolve upon me under it. In
May or June last l put in writing what
seemed to me the bad and imperative
features of the law, and submitted them
TO the Attorney-General. That officer
has been so much occupied that he has
not been at leisure to give the subject the
attention it deserved. Away, as / am,
from my memoranda, l can only give
imperfectly what my paper to the Attor-
ney-General contained.
Il object to the law as oppressive and
In many respects useless. The fees are
excessive. 1t is estimated by good au-
thority that the law would take from the
business men of San Francisco from S50,-
900 TO 100000 annually. A single illus
tration will convey an idea Of the enor-
nifty of the fees allowed in the Act The
Well-knoWn firm Of O'Connor, Moffatt dE
CO. has 200 yard measures on their coun-
ters and about fifty yard sticks. The fee
for sealing these under the law is fifty
cents each. A sealer of measures could
90 through with his duties in an. hour or
two and demand of the house S125 in fees.
The White House, City of Paris and
other prominent firms could be put un-
der as great, or like, contributions. Did
anybody ever hear of any one Of these
firms giving short measure? | have
never heard of a single dry goods or
draper house in San Francisco accused of
this kind Of cheating. TO say nothing of
the oppressiveneSs of the fees, is it not
plain that a law of this character is use
less, so far as its giving any protection to
the people is concerned?
Another feature of the law is. the
Sealer in each county is required to make
his rounds at least once in a year. This
means that he can visit the mercantile
houses just as often as he pleases. He is
limited in the number of his official WIS.,
i IL
no proviso in the law that If ne finds the
weights and measures absolutely correct
that he shall not exact the same fees as in
the first instance. Should the business
men of San Francisco be put in peril of
such an opportunity for rapacity?
MY objections to other impolitic and
lame features of the law would consume
too much time and are unnecessary in
view of the unconstitutionality Of the
Act, which l shall now proceed to de-
monStrate.
''The title of the Act is, AN Act to es-
tablish system of weights and meas
ures.' That and nothing more. l con-
tended in my paper to the Attorney
General that it is not within the scope of
State legislative authority to establish
standard Of weights and measures, that
power being delegated alone to Congress
in the National Constitution. It is found
In Section . of Article l., and reads as
follows: TO coin money and
fix the standard of weights and meas
ures.' To fix and to establish are
Synonymous terms. Has the Legisla-
ture OF State any more right to establish
a standard of weights and measures than
To coin money? The author Of the bill
Gid not intend to establish standard, as
is evidenced by the language of the first
section of the Act. What he needed as
title was AN Act to put in use the ma
tional standard of weights and measures
or, more properly, An Act to plumber
the mercantile community
Let us square this law by the Consti-
tuition of the State. Article "a of Section
reads:
Section 24. Every Act shall embrace but
one object, which subject shall be expressed
in its title. But il any subject shall be en-
braced in an Act which shall not be expressed
IN its title, such Act shall be void only as to so
much thereof as shall not be expressed in its
title.'
1.-The first section OF the Act in question
merely says, in effect, that there shall be
but one standard Of weights and meas
ures in the State and that the standard
already established by law, meaning. I
presume, no other than the national
standard established by Congress. This
is not establishing 9 standard, but only q
recognition OF q standard already estab-
lshed / claim that the first section of
the Act is the only one of the entire Act
OF which any pretenSe can be made of be-
ing covered by the title, and this is COW
cred because it could not establish what
had already been established by a more
competent authority, namely, the Ma
Uonal Government. At best the first
section is idle aud useless, and ali the
balance of the Act is not expressed in the
title, is fugitive and vagabond, inopera-
tive and void The balance of the Act
provides for appointments, salaries fees,
no