The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1910-02-28

the jurisdiction of the railroad com
mission necessitated double 1nspec-
ton, as previous laws had put the ex-
animation under the county auditors
/, of the counties of the state. In ref
erence to the question Tanner mas
handed down the following opinion:
You have presented for the opinion
of the attorney general the question OF
whether scales in public warehouses,
| subject to testing and sealing under
the provisions of the act of 1909 Claws
| '09, p. 519), also fall within the pro-
visions of the act of 1890 Claws go, p
| 1861 relating to the sealing of weights
and measures.
| Section of the act of 1890 pro-
vides:
"That the county auditor of each
| county shall be the sealer of weights
| and measures for the county, and
shall have the care and custody of the
county standards. He shall procure
at the expense of the county, when not
already provided, a full set of weights
and measures, scales and beams,
which he shall cause to be tried,
proved and sealed by the state Stand
ard under the direction of the secre-
| tary of state
Section of the act provides for
publishing notice in January Of each
Iyear of the authority and readiness OF
the auditor to inspect and seal weights
and measures.
| Section provides:
1.-THE several county auditors shall
try and prove all weights and meas
lures, scales and beams, when request
| ed so to do, and when the same are
found or made to conform to legal
standards they shall seal and mark
isuch weights and measures with seal
to be kept by them for that purpose
/ Section of the act is as follows:
''Any person in this state who
shall, after thirty days subsequent to
the published notice from the county
sealers of weights and measures as
provided in section 4, be found using
any false or fraudulent beam, SCALE
weight or measure. and who shall fail
or neglect, on written notice of the
same from any person aGgrleved, or IN
any way cognizant thereof, to have
sad imperfect beam, scale, weight or
measure duly inspected, and by proper
authority adjusted and sealed, or who
shall use the same scale, weight or
measure subsequent to said notice
without correction or adjustment, as
provided in this act, any person so Of
Tending shall be liable to an action in
law and penalty of $40 for each and
levery offense, to be paid into the coun-
ty fund
1.-The grain inspection act, so far as
material, provides (sec. I'D:
""The chief inspector or one of his
deputies shall at least once a year
examine, test and require to be cor
rected all scales Used in weighing
grain or hay at any public warehouse
in this state, and after such scale is
tested, if found to be correct and in
good condition, to seal the weights
with a seal provided for that purpose
and issue to the owner or proprietor
iof such warehouse a certificate author
izing the use of such scales for weigh
ing grain or hay for the ensuing year.
lunless sooner revoked by the chief in
spector or by his deputy. If such
scales be found inaccurate or unfit for
use, the chief inspector or his deputy
shall notify the party operating or us
ing them and the party thus notified
shall at his own expense thoroughly
repair the same before attempting to
use them and until repaired to the sat
isfaction of the inspector or his depu-
ty the certificate of such party shall
be suspended or revoked in the dIscre-
ton of the inspector or his deputy
| at will be noticed that the act OF
1890 is a general act and applicable to
fall weights and measures, but that ex-
Iamination and testing is optional ex-
cept upon notice to the owner by a
party aggrieved by, or cognizant of the
use of a fraudulent scale, beam,
weight or measure. The act of 1909,
on the other hand, requires the testing
and sealing of all scales used for
weighing grain or hay in public ware
houses.
1.-THE question of repeal by implica-
ton, as all other questions of statu-
tory Interpretation, must be determin-
ed by the ascertainment of the legisla-
tive intent. The question presented
/ here, therefore, is whether it was the
intention of the legislature to require
a double inspection Of scales in public
warehouses. 1t is obvious that where
scales have been tested and examined
and found to be correct by the chief
grain inspector Or one Of his deputies,
there can be no necessity for inspec-
ton and testing of the same scales by
the county auditor
"You are therefore advised that the
: scales subject to examination, testing
and sealing under the provisions of the
} grain inspection act of 1909 are not
subject to inspection by the county
| auditor under the act of $780,