The times., 1901-05-15
AFFAIRS OF THE DISTRICT
The Attorneys Opinion on the Use
of BottOmless Measures.

Mr. DuvnII Discusses the LAW Points
Regarding standards-Subdivis
of Prospect HnI - COmmend"tion
of the System of Ash Collection
Andrew B. Duvall. the Attorney for the
District, has submitted to the CommlS-
sioners a favorable opinion as 10 lhe
character Of the Champion measure and
bottomIess funnel device. The matter
was brought to the attention Of the Com
missiorers about ten days ago by com
nunication froIn the Sealer Of WeishIS
and Measures, who asked that the opinion
Of the Attorney might be ascertained rel
ative to the matter before the measure
should be offered for sale in the District
In his statement Mr. Duvall says:
Il have daily considered the communi-
cation OF the ScaIer of Weights and Meas
ures respecting the so-called Champion
Measure A bottomless and funnel-shap-
ed tin or metal measure, which IS USED
by being placed inside paper bag as
convenience and aid in filing the bag anu
thus dispensing with the use OF othef
measures which you referred to me TOT
opinion whether said measures are laWlul
measures under the act Of Congress ap-
proved May 8, 1896.
I
. 1895. entitled An act for the appoint
ment of sealer of weights and measures
in the District of Columbia and for other
purposes treats the general subject Of
weights and measures including the m
spection and stamping of weights ana
measures and keeping of the record there
of also for keeping standards III MS OF
fee. The act also contains penalties Tor
the use of weights and measures IN Vio-
Iarion of it's provisions.
..Sectfou of said act was amended by
an act of Congress approved Mafch .
1856. 50 as TO prohibit the use, IN puyIhS
and selling, o. weights and measures etc,
unless the same shall have been examined
and approved by the Se2ler or AsslsleAl
sealer. and the fact Of such examination
- anr7,val was to be attached to the
weights measures, etc, and that al
1,.a,eJ,rs measures. etc. which dld not
corforn TO the standard, under said act
my he seized and destroyed by the
eaoler and a record of the same kept.
.sThe act Of Congress approved May D.
7sas entitled An act defining the stan
dard shane and size of dry measures III
,,sa in the District Of Columbia, ana Ior
other purposes which said act IS referred
10 in the communication Of the Seaier
of WEIGHTS and Measures, is not 50 broad
as its title would indicate.
AN examination Of its text discloses
that the only inhibition is against the
rse of any bushel, half-busheL peck,
balf-Oec[S or quarterback measures. IN
less the same be up 20 the dlmenS'ohS I9i-
lowing 1t then prescribes the inside dl-
mensioEs by the measurement OF a SCI
ton Of cone for each Of sad measures
and proceeds further to describe the con-
struction of a measure made OF slaves OF
a certain thickness
ssr-c- No
neither does it refer to the hereinbefore
mentioned act of Congress, nor does II
make any mention of the Sealer OF
WEIGHTS and Measures. II II Is 10 De con-
str1Ied as prohibiting the use of any 9th
,ar measures than such as are prescribed
therein, il would prevent the exercise OF
any such discretion by the Sealer OF
Weights and Measures, as Is contempiat-
Cd bv tie act Of March 2, 1885, as amend
ed by act Of March y, 1896.
"A more reasonable construction OF the
act of May g. 1896, would be to disregard
its title, which, according to Potter S
Dwarrls on Stat. 103, is very Un-
safe guide to assist in ascertaining, even
in the most general way. the scope anG
pUrport OF the act and TO contne its
scope TO that Of prescribing the dimen-
sions Of the bushel and peck and frac-
tions thereof mentioned
! see no legal objection TO the bottom
less or funnel-shape device known as the
Champion Measure. and when 1t IS duly
examined and certified by the SeaIer of
ion that il may be lawfully used.
Daniel W. O'Donoghue, acting as attor-
ney for the parties concerned, has asked
the Commissioners that the Surveyor Of
the District be directed to record the pro-
posed subdivision of lot Il Of McLaugh-
Inns subdivision Of Prospect Hill If this
is not thought to be practicable it is re-
quested that the Inspector Of Buildings
be directed to issue a permit 10 build or
lot c without previous subdivision.
William P Richards, assistant engineer
Of the surface division, has reported upor
the propositions of Mr.. ODonoghue thai
the lot desired TO be subdivided is located
in a very old subdivision which has beer
affected by the street extension plans o.
the second section. In the first and fourth
sections a rule was followed TO leave ou
any proposed streets where they nigh
cross existing subdivisions. This Wa
brought about by certain declarations o
Congress affecting the first section plans
and which was caused by the fscI ina
the extension Of streets through subdi
visions could be handled better by sep
arate acts from time to time rather thai
by any attempt to condemn everything a
once.
ON sections ? and the streets wer
laid out 10 pass through old subdivision
where 1t was deemed necessary, but NJ
provisions having been made Tor the con
dernnation Of these streets it has wOrke'
considerable hardship on parties h5ldin;
land within the proposed extensions
believe that the application herein should
either be granted as TO a subdivision o
his lot or by giving him permit 10 cree
houses thereon. / respectfully recommen'
that this be forwarded to the Attorney 70
the District Of Columbia for his opinion
In the matter.
The Commissioners have approved tn
recommendation and have ordered tn
matter to be referred 70 the Attorney.
]. X Murphy, contractor, recently sen
TO the Commissioners bill for eXtr
work in connection with the constructio
of the Til-er Greek sewer. The matte
was referred TO the sewer division for in
vestigation and report. and o. l. Ingall
has now informed the Commissioners tina
the bill ought not to be allowed. Nj
60 IA 9EA, & -
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