the highest graduation mark. The top of the neck shall be flared to a diameter of not less than ten millimeters.

Bulb: The capacity of the bulb up to the junction of the neck shall not be less than forty-five cubic centimeters. The shape of the bulb may be either cylindrical or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between thirty-four and thirty-six millimeters; if conical, the outside diameter of the base shall be between thirty-one and thirty-three millimeters, and the maximum diameter between thirty-five and thirtyseven millimeters.

The charge of the bottle shall be eighteen grams.

The total height of the bottle shall be between one hundred fifty and one hundred sixty-five millimeters (five and seven-eighths and six and one-half inches).

(b) STANDARD CREAM TEST BOTTLES.-Two types of bottles shall be accepted as standard cream test bottles, a fifty per cent nine-gram short-neck bottle and a fifty per cent nine-gram long-neck bottle. Fifty per cent nine-gram-short-neck bottles-Graduation: The total per cent graduation shall be fifty. The graduated portion of the neck shall have a length of not less than sixty-three fivetenths millimeters (two and one-half inches). The graduation shall represent five per cent, one per cent and five-tenths per cent. The five per cent graduations shall extend at least one-half way around the neck of the bottle (to the right). The five per cent graduations shall have a length intermediate between the five per cent and the five-tenths per cent graduations. Each five per cent graduation shall be numbered, the number being placed on the left of the scale. The arrow [error] at any point of the scale shall not exceed five-tenths per cent.

Neck: The neck shall be cylindrical and the cylindrical shape shall extend at least nine millimeters below the lowest and nine millimeters above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than ten millimeters.

Bulb: The capacity of the bulk [bulb] up to the junction of the neck shall not be less than forty-five cubic centimeters. The shape of the bulb may be either cylindrical or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter of the base shall be between thirty-one and thirty-three millimeters and the maximum diameter between thirty-five and thirty-seven millimeters.

Charge of bottles: The charge of the bottle shall be nine grams. All bottles shall bear on top of the neck above the graduations, in plainly legible characters, a mark defining the weight of the charge to be used (nine grams).

Height of bottle: The total height of the bottle shall be one hundred fifty and one hundred sixty-five millimeters (five and seveneights and six and one-half inches), same as standard milk test bottles.

Fifty per cent nine-gram long-neck bottles: The same specifications in every detail as specified for the fifty per cent nine gram short-neck bottle shall apply for the long-neck bottle with the exception, however, that the total height of this bottle shall be between two hundred ten and two hundred thirty-five millimeters (eight and one-half and eight and seven-eighths inches) and that the total

length of the graduation shall be not less than one hundred twenty millimeters.

THE STANDARD BABCOCK PIPETTE.-Total length of pipette shall be not more than three hundred thirty millimeters (thirteen and onefourth inches). Outside diameter of suction tube six to eight millimeters. Length of suction tube one hundred twenty millimeters. Outside diameter tube one hundred to one hundred twenty millimeters. Distance of graduation mark above bulb thirty to sixty millimeters. Nozzle straight. Delivery seventeen six-tenths cubic centimeters of water at twenty degrees C., in five to eight seconds.

Butter-fat and cream scales: All butter-fat and cream scales used for the purpose of determining the value or per cent of butter-fat content of milk or cream by the Babcock test shall be subject to the following specifications:

Graduated face: 1. The scale shall be provided with a graduated face of at least ten divisions over which the pointer shall play.

Pointer: 2. The pointer must reach to the graduated divisions and shall terminate in a fine point to enable the readings to be made clearly and distinctly.

Interval: 3. The clear interval between the divisions on the graduated face shall not be less than five one-hundredths inch.

Leveling screws required when: 4. All scales whose weight indications are changed by an amount greater than one-half the tolerance allowed, when set in any position on a surface making an angle of three degrees or approximately five per cent with the horizontal, shall be equipped with leveling screws and a device which will indicate when the scale is level: Provided, however, That the scale shall be rebalanced at zero each time its postion is altered during the test.

Sensibility under load: 5. The addition of one-half grain to the scale when loaded to capacity shall cause a movement of the pointer at least equal to one division on the graduated face.

Sensibility reciprocate: 6. The sensibility reciprocal and tolerance of cream test and butter-fat test scales shall be one-half grain (thirty milligrams). Every person, firm, company, association, corporation or agent thereof buying and paying for milk or cream on the basis of the amount of butter fat contained therein as determined by the Babcock test shall use standard Babcock test bottles. pipettes an daccurate weights and scales as defined in this act.

Sec. 6428. Unlawful reading of test.-It shall be unlawful for the owner, manager, agent, or any employee of a cheese factory, creamery, condensed milk factory or milk depot or other place where milk or cream is tested for quality or value to falsely manipulate or underread or overread the Babcock test, or make settlements on any other bases that the correct reading of the Babcock test or any other contrivance used for determining the quality or value of milk or cream where the value of said milk or cream is determined by the per cent of butter fat contained in the same or to make any false determination by the Babcock test or otherwise.

Sec. 6429. Penalty.-Whoever shall violate any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars nor more than fifty dollars for each and every offense or be imprisoned in the county jail not less than ten days nor more than thirty days.

Comp. Laws, 1915, Vol. 2, ch. 156, p. 2939.

Sec. 8231 (1913). False description or weights of freight; penalty.Any person, firm or corporation who shall knowingly offer any goods, property or effects to any common carrier for transportation within this State with a false description of the same, or who shall offer any such goods, property or effects under a false billing, false classification or false weight and thereby procure or attempt to procure the transportation of any such goods, property or effects at a less cost than would be due under a true description, true billing, true classification or true weight, shall be deemed guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction shall be punished by a fine of not to exceed two hundred dollars or by imprisonment in the county jail for a term not to exceed ninety days, or by both such fine and imprisonment in the discretion of the court.

Comp. Laws, 1915, Vol. 2, ch. 103, p. 2080.

Sec. 5521 (1913). Inspector of weights at coal mines.-The State coal mine inspector shall be ex officio inspector of weights, measures and scales used at coal mines, and he is hereby empowered and it shall be his duty to test all the scales, correctly measure the weight of such coal, and if defects or irregularities are found in such scales, which prevent correct weights and measurements, the inspector shall call the attention of the mine owner, agent or operator to such defects, and shall direct the same to be at once properly adjusted and corrected.

Sec. 5522. Test weights. For the purpose of carrying out the provisions of this act, the State inspector shall be furnished by the State with a complete set of standard weights, suitable for testing the accuracy of track scales and of all smaller scales at mines. Such test weights shall remain in the custody of the inspector for use at any point within the State, and for any amounts expended by him for storage, transportation or handling of the same, he shall be fully reimbursed upon making entry of the proper items in his expense voucher.

Sec. 5523. Weighmen to make oath.-All weighmen who shall perform the duty of weighing coal shall be sworn by some one competent to administer a legal oath, that they will perform their duty accurately and impartially as between employers and employes, and that they will honestly report and record all weights of coal with which they are entrusted. The coal mine employes shall have the right to name a competent and fair check weighman, who shall be paid by the employes and be sworn by one authorized to administer oaths.

MINNESOTA

Gen. Stats., 1923, ch. 28A, p. 729.

Sec. 5270 (1911). Department created, under jurisdiction railroad and warehouse commission. There is hereby created a department to be known as the department of "weights and measures," hereafter referred to as the department, and it shall be under the jurisdiction of the railroad and warehouse commission, hereafter referred to as the commission, which shall have supervision and control over all weights, weighing devices and measures in the State.

Sec. 5271. Commission to appoint commissioner and deputies; bond.-The commission shall appoint a commissioner of weights and measures and such deputies and other employees as may be necessary to carry out the provisions of this chapter and fix their compensation. The commissioner of weights and measures and the deputies shall give a bond in a sum to be fixed and approved by the commission. The commission shall provide for such examinations as it may deem necessary to determine the qualifications and fitness of appointees.

Sec. 5272 (1919). Commissioner of weights and measures salary and deputies. The salary of the commissioner of weights and measures shall be twenty-five hundred dollars per annum, and all deputies not to exceed fifteen hundred dollars per annum.

Sec. 5273. Fees to be paid into State treasury.-All moneys collected by the department for special services, fees and penalties shall be paid into the State treasury, and credited to a fund known as the weights and measures fund, and available for the use of the department of weights and measures.

Sec. 5275 (1911). Rules, authority of commission to adopt and change; force of. The commission shall prescribe and adopt such rules and regulations as it may deem necessary to carry out the provisions of this chapter, and it may change, modify or amend any or all rules whenever deemed necessary, and the rules so made shall have the force and effect of law.

Sec. 5276. Duties of the department; care of State standards; test other standards; to have general supervision of weights and measures, etc.; to keep record; annual report.-The department shall take charge of, keep and maintain in good order the standard of weights and measures of the State and submit them to the Bureau of Standards of Washington, D. C., for certification when it is deemed necessary; and shall keep a seal so formed as to impress the letters "MINN" and the date of sealing upon the weights and measures that are sealed; it shall test, correct and seal, when found to be accurate, at least once every year and as much oftener as may be necessary, all the copies of the standards used throughout the State for the purpose of testing the weighing or measuring apparatus used in the State, and keep a record thereof; it shall have general supervision of the weights, measures and weighing or measuring devices offered for

sale, sold or in use in the State; and shall, upon the written request of any person, test or calibrate weights, measures, weighing or measuring devices and instruments or apparatus used as standards in the State; it shall keep a complete record of the standards, balances and all testing and sealing apparatus owned by the State, and shall annually during the first fifteen (15) days of January, make a report of its actions to the governor of the State.

Sec. 5277. Authority of department; weights, measures, etc., may be condemned, seized, or destroyed, when.-The department or any of its employees shall have power to inspect and test all weights, scales, beams and measures of every kind, instruments and mechanical devices for measurement, and tools, appliances or accessories connected with any or all such instruments for measurement that are kept, offered or exposed for sale, or sold, or used or employed within this State by any person in determining the size, quantity, extent, area or measurement of quantities, things, produce, articles for distribution or consumption, offered or submitted by any person for sale, hire or reward; and it shall, at least once in each year, and as much oftener as may be deemed necessary, see that the weights, measures and all apparatus used in the State are correct. In the general performance of this duty the department, or any of its employees, may enter or go into and upon any stand, place, building or premises to stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon or any dealer whatsoever and require him, if necessary, to proceed to some place which the scaler [sealer] may specify for the purpose of making proper tests. Scales, weights, measures or weighing or measuring instruments that are found, upon inspection, to correspond with the standards in the possession of the department shall be sealed with proper devices to be approved by the commission. Any employee shall condemn, seize and destroy incorrect weights, measures or weighing or measuring devices which, in the judgment of the department can not be satisfactorily repaired, and such as are incorrect and yet may be repaired, shall be marked as "Condemned for repair," in the manner to be prescribed by the department. The owners or users of any scales, weights, measures or weighing or measuring instrument which have been so disposed of shall have the same repaired or corrected within thirty (30) days and the same shall not be used or disposed of in any way without the consent of the department.

Sec. 5278. False scale, weight, measures, etc., sale or use of; misdemeanor; penalty.-Any person who shall offer or expose for sale, sell or use, or have in his possession a false scale, weight or measure, or weighing or measuring device, or any weight or measure or weighing or measuring device which has not been sealed within one year, as provided by this law, or use the same in the buying or selling of any commodity or thing; or who shall dispose of any condemned weight, measure or weighing or measuring device, or remove any tag placed thereon by an authorized employee of the department, or shall sell or offer or expose for sale less than the quantity he represents; or sell or offer or expose for sale any such commodities in the manner contrary to law; or shall sell or offer for sale or have in his possession for the purpose of selling, any device or instrument to be used to, or calculated to, falsify any weight or measure,