Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1915-01-31

ton. Oils so inspected snail be taken
| by the inspector or his deputy directly
| from the original package or contain
| er: Provided, that In no case shall
| the retail dealer or consumer be liable
70 the manufacturer or wholesale
dealer for fees paid for inspection OF
oils while in the possession Of manu-
| facturer or wholesale dealer or one
OF their agents. Provided further, that
no inspection of gasoline shall be re-
CURED under this act.
Section 4. For the immediate pres
ervation Of the public peace, health
and safety an emergency is hereby
| declared TO exist, by reason whereof
| this act shall take effect from and
after its passage and approval.
What Other States Have Done.
In view OF this new proposed in
| spection law, IT will be of interest TO
| know what other states have done in
| regard to similar laws.
The supreme court of Pennsylvania
| declared the law authorizing the in
spection of oil within that state un-
constitutional and void, whereupon
the state adopted new statute pro-
viding for inspection OF Illuminating
oil only, with a flash test at l10 de
grees.
A year ago the officials of the state
OF Iowa became convinced that the
oil inspection law of that state was
unconstitutional and that excessive
fees could not be legally collected.
| Thereupon the state suspended the
operation of the law until the legts-
lature can take action and no fees
are being collected there now. Re-
Gently the United States supreme
court held In the oyster inspection
| case In Maryland that the law was
unconstitutional The oyster inspec-
ton law in Maryland was practically
the same as the oil inspection law In
Kansas and Oklahoma.
The supreme court OF North
Dakota has just declared the oil in
spection law OF that state unconstl-
tutionaL In the state OF Wisconsin
the state Oil inspector, recognizing
the injustice of an inspection netting"
the state profit" of S42.546 a year
has recommended to the Wisconsin
legislature a reduction in the inspec-
ton fees.
In Minnesota Governor Hammond
has made II known to the Legislature
that If the legislature does not amend
the oil inspection law he will abolish
1t by executive decree on the ground
that oil inspection in Minnesota is
futile, merely an expense upon the
public and a breeder of political jobs
and no benefit to anyone.
In the state of Missouri action has
already been taken in the courts
against the constitutiOnality of the oil
inspection law.
In Kansas certain refiners are pay
ing their inspection fees under pro-
q fr,fA
are not reduced by the legislature,
they will test the law before the
supreme court Immediately. A SINH
lar test will be made in Oklahoma II
the legislature does not act
decisions are so numerous and so
definite regarding the right of state
TO collect fees in excess of the cost
or a police regulation that there is no
question whatever in the minds of
able attorneys that, wherever a test of
the oil inspection law Is made and
the excess fees are more than 10 per
cent of the cost OF the inspection, that
the law will be speedily declared un-
constitutional
Last year in Kansas 443.242 barrels
OF Kerosene was inspected and 456.-
$50 barrels of gasoline, at total cost
Tor the inspection OF S13,32474 OF
LAS cents barrel. In addition to the
cost OF this inspection S76,665.68 was
collected and paid over TO the general
fund of the state treasury Thus was
collected from the refiners an excess
sum of five times as great as the cost
Of the inspection.
In Oklahoma last year 211,113 bar
rels of kerosene and l72,S5S barrels
OF gasoline were inspected at a cost
of about $1,000. In addition to this
approximately $2S,OOO was collected
from the refiners and turned over to
the state treasury.
In North Dakota the cost Of in
spection is from $4,000 to $4,000 a
year, and in addition to this the oil in.
spection netted the state from SIC, 900
TO $4,000 year. The rate per gal
Ion was 10 cents, the same as in Kan
sas and Oklahoma.