The Montgomery advertiser., 1903-03-14

by its guaranteed analysis, less than 13 per cent available phosphoric acid. and per cent of potash. or grade or analysis Of equal total commercial value; that the word standard shall not appear upon any bag or other package of any acid with-potash which shall con tain, by it's guaranteed analysis less than Il per cent available phosphoric acid. and per cent potash, or a grade or analysis of equal per cent available phosphoric acid. and per cent potash. or a grade or analysis of equal total conn mercial value; that the words high grade shall not appear upon any bag or or other package of any plain acid phos- ss~&a which shall contain. by it's guar anteed analysis, less than IA per cent available phosphoric acid; and, lastly, that the word 'standard'' shall not ap- pear upon any bag or other package of plain acid phosphate which shall con- tain. by it's guaranteed analysis, less than 12 per cent available phosphoric acid. It is hereby provided that no complete fertilizer. acid phosphate with-potash. acid d-phosphate-with-n nitrogen. or plain acid-phosphate. shall be offered for sale in this State, which contains less than t2 per cent of total plant food. namely: Available phosphoric acid. nitrogen when calculated as ammonia, and potash, either singiy or in combination; Provided, that in mixed fertilizers there shall not be claimed less than i per cent of potash and 0s2 per cent of nitrogen, when one or both are present In the same mixture.
 Sec. :. All manufacturers and manipu- lators. or agents representing them. who have registered their brands in compli- ance with Section 1 of this act, shall file with the Commissioner of Agriculture and Industries 8 request for tax tags. &C., companied with the legal price of same stating that said tags are to be used upon brands of fertilizers and fertilizer materials registered in accordance with this act. whereupon 1t shall be the duty of the Com missioner of Agriculture and industries to issue tags to parties apply ing. who shall attach a tag to each bag. barrel, or package thereof. Any tags left in the possession of the manufacturer shall not be used for another season. but shall be redeemed with new tags within sixty days after the close of the departments fiscal year. which fiscal year shall be comprised between the dates of October 1 and September 90. in- elusive; provided. no such tags shall be redeemed unless returned to the Commis- sioner of Agriculture and Industries in unbroken and original sealed packages. The color of said tags must be- changed each fiscal year. and there shall not be printed upon said tags any brand. name. or analysis.
 Sec. 8. It shall not be lawful for any manufacturer or company, either by themselves or their agents, to sell or of fer for sale in this State. any fertilizers or fertilizer materials that have not been registered with the Commissioner of Az riculture and Industries as required by this act The fact that the purchaser valves the tagging and analysis thereof shall be no protection to said party sell ing or offering the same for sale. In contracts for the sale of fertilizers in which an excessive or fictitious price is put upon such fertilizers with the stipu- lation that if such fertilizers are paid for on or before certain date they may be paid for in 8 smaller sum than such excessive or fictitious price. or in cotton or other produce at an excessive or flc- titious. price. the difference between the excessive or fictitious price charged for the fertilizers and their real market value shall be held penalty; and in all suits to enforce such contracts, only the real market value of such fertilizers. with the interest thereon, shall be recover able. Parol evidence is competent to show such market price, the situation of the parties, and the consideration of such contracts, as in cases of usury, notwith. standing any writing in the premises.
 Sec. 9. The guaranteed analysis of each sany every brand of fertilizer and ferti- lizer material, must without exception remain uniform throughout the fiscal year for which it is registered. and in no case, even at subsequent registrations, shall the grade be lowered, although the DOT ton of available constituents may be compensated for in value by the increase changed so that the decrease of
 one constituent may be of the other or others. Such proposed change must first receive the approval of the Commissioner of Agriculture and Industries. brand name and, or, trade mark. registered by one manufacturer, shall not be entitled to registration by another. and the manufacturer having first registered and used the said brand name and, or, trade mark, shah be en- titled to 1t. even should said brand name and, or, trade mark, not be offered for current registration at the time. Noth- ing in this section shall be construed as debarring the right of any manufacturer to establish his ownership in. and prior right of registration of, any brand name and, or, trade mark, whether said brand name and. or. trade mark had been pre- viously registered or not.
 !. Sec. 10. No person, company, dealer, or agent. shall sell, expose, or offer for sale. in this State, any pulverized leather. raw. steamed. roasted. or in any other form either as fertilizer or fertilizer ma terial, without first having made fun and explicit statement of the fact and regis traitor. wit 0E culture and Industries, and furnishing satisfactory proof that the nitrogen Is sufficiently available and valuable for the purpose for which it is sold
 Sec. H. The Commissioner of Agricul- ture and Industries shall have the au- thority to establish such rules and reg1l- lations in regard to the inspection. analy- sis and sale of fertilizers and fertilizer materials as shall not be inconsistent with the provisions of this act, as in his judg- ment will best carry out the require ments thereof
 Sec. F. Nothing in this act shall be construed to restrict or avoid sales of acid phosphate or any other fertilizer material to each other by importers. manufacturers, or manipulators who mix fertilizers or fertilizer material for sale, or as preventing the free and more strict ed shipments of materials to manufac- turers or manipulators who have regis tered their brands, as required by the provisions of this act.
 Sec. 13. That the Commissioner of Az riculture and Industries shall be required to secure samples of each and every brand of fertilizers or fertilizer material offered for sale or exchange in the State of Alabama. said samples to be procured h. E11l