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nated as inspection points by the public service commission of Oregon, in which grain is received from the public for storage and the grain of different owners mixed together or stored in special piles or bins and for which receipts are issued covering the grain received. Public terminal grain warehouses shall be of two classes, to wit, “class A” grain warehouses and “class B” grain warehouses. Class A grain warehouses shall include all warehouses the proprietors of which shall elect to take licenses under the provisions of this act relative to grain warehouses issuing registered grain warehouse receipts. All other public terminal warehouses shall be known as class B grain warehouses. The term warehouseman when used in this act includes any firm, person, company, corporation or association of persons owning, operating or controlling any public warehouse. The term “commission ” when used in this act means the public service commission of Oregon.
Sec. 6113. Weighing, inspecting and grading of commodities, may be authorized when—* The commission may by resolution authorize the weighing, inspection and grading, upon request of any interested party of commodities of commerce other than grain or hay, such as grain or hay products, rice, beans, and other similar articles, nitrates and other fertilizers, sulphur, and other chemicals used in the arts, or in manufacturing, when same are received from or delivered to any rail or water carrier in the State in commercial transportation, and may authorize the certification of the weights and grades thereof. Fees for such service, sufficient to cover the cost thereof shall be fixed by the commission. Such commission shall investigate all complaints of fraud or injustice in the grain and hay trade, fix the charges of public and terminal warehouses, and make all necessary rules and regulations for carrying out and enforcing the provisions of this act, and of all laws of the State relating to this subject.
Sec. 6114. Chief inspector, appointment of.—The commission shall appoint a chief inspector, who shall be thoroughly familiar with the grains, grain products and forage crops of Oregon, Washington, Idaho and Montana and shall have had at least five years' experience in handling such products. *
Sec. 6115 (a1919). Deputies, inspectors, samplers, and weighers, appointment.-The chief inspector, with the approval of the commission, shall appoint such number of deputies, inspectors, samplers and weighers as may be necessary to properly and thoroughly inspect and weigh grain, hay, grain and hay products, potatoes, onions and other commodities designated herein or such as may hereafter be designated by resolution of the commission, received or shipped, and to carry out the provisions of this act. One of such inspectors in each of the cities as may be designated by the commission as inspection points, shall be styled chief deputy inspector. Such chief deputy inspectors shall be persons qualified by training and experience for the inspection of the particular commodities which they are required to inspect.
Sec. 6117 (1917). Interest in grain, grain products, etc., prohibited.No chief inspector, deputy inspector, sampler or weigher, shall during his term of office, be interested directly or indirectly in the handling, storing, shipping, purchasing or selling of grain, grain products, hay or other commodities weighed or sampled.
See. 6118. Neglect of duty; penalty.--Any inspector, sampler or weigher who shall be guilty of any neglect of duty, or who shall knowingly or carelessly inspect, sample or weigh any grain, grain products, hay, or other commodities improperly, or who shall directly or indirectly accept any money or other consideration for any neglect of duty or any improper performance of duty as such inspector, sampler or weigher or any person, persons, corporation or agent who shall improperly influence or attempt to improperly influence any inspector, sampler or weigher in the performance of his duties of such inspector, sampler or weigher shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than two hundred dollars nor more than one thousand dollars, or imprisonment in the county jail not less than six months, nor more than one year, or by both such fine and imprisonment, in the discretion of the court.
Sec. 6119. Inspection points, how designated.--Such cities and towns where grain, grain products, hay, or other commodities are received in carload lots or by watercraft, may be designated by the commission as inspection points and be provided with State inspection and weighing: Provided, That the expenditure for the inspection and weighing at the points designated by the commission shall not exceed the receipts of fees at such place or places.
Sec. 6120. Chief inspector, deputies, etc., removal of; salaries.—The chief inspector, his deputies, samplers and weighers, shall be employes of the commission and may be removed for cause at any time by the commission. They shall be paid in the same manner as other employes of said commission.
Sec. 6124 (a1919). Fees. The commission shall fix the fees for inspection, grading and weighing of grain, hay, grain and hay products, potatoes and onions, and other commodities included in the provisions of this act, which fees shall be sufficient to cover the cost of such service. The fees for the inspection and weighing of grain and hay shall be a lien upon such grain and hay, and to be paid by the carrier transporting the same and treated by it as advanced charges. The commission shall so adjust the fees to be collected under this act as to meet the expenses necessary to carry out the provisions hereof, and may prescribe a different scale of fees for different localities. The commission may also prescribe a reasonable charge for services performed at places other than public terminal warehouses, in addition to the regular fees, when necessary to avoid rendering the service at a loss to the State. All moneys collected under the provisions of this act and all fines and penalties for violation thereof shall be paid into the State treasury.
Sec. 6125. Control of weighing and grading, who has; appeal; record of carloads.—The chief inspector, his deputies and weighers, shall at the places provided for State inspection under this act, have exclusive control of the weighing and grading of grain and hay which shall be inspected under the provisions of this act and the action and certificate of such inspectors and weighers in the discharge of their duties, as to all commodities weighed or inspected by them, shall be conclusive upon all parties interested: Provided, however, An appeal may be taken to the commission whose decision shall be final. Suit able books and records shall be kept in which shall be entered a faithful and true record of every carload or cargo or part of cargo of grain, grain products, hay and other commodities inspected or weighed by them, showing the number and initial or other designation of the car or boat containing such carload or cargo or part of cargo, its weight, the kind of grain, grain products, hay or other commodity, and its grade, and if graded standard No. 1 grade the reason for such grade; if of inferior grade the amount of such dockage, the amount of fees and forfeitures and disposition of same, and for each car, or cargo or part of cargo of grain, grain products, hay or other commodity inspected they shall give a certificate of inspection showing the kind and grade of the same and the reason for all grades below No. 1, the amount to be allowed for dockage, if any, the number of sacks, bales, or other parcels thereof, with the grade or grades and weight of same, if requested to do so by consignor or consignee. They shall also furnish the agent of the railroad company or other carrier over which such commodity was shipped or carried, a certificate showing the weight thereof, if requested to do so. They shall also keep a true record of all appeals, decisions and a complete record of every official act, which books and records shall be open to inspection by any party in interest.
Sec. 6126 (1917). Official misconduct.—Upon written complaint filed with the commission charging any inspector, sampler or weigher with official misconduct, inefficiency, incompetency or neglect of duty, the commission shall investigate such charge, and if it be found custained, shall remove such officer.
Sec. 6128 (a1919). Grain and hay, inspection and weighing.–Al] grain and hay received at public terminal warehouses shall be inspected and weighed, and all grain delivered out of any class A grain warehouse shall be weighed by a State inspector and when exported shall, if requested, be reinspected and graded in like manner and a certificate of grade issued, a reasonable fee to be charged for such reinspection, said fee to be fixed by the commission. All other grain and hay received in carload lots, or when shipped by water in lots containing more than thirty tons of grain, or ten tons of hay, at inspection points, not unloaded at a terminal warehouse, shall be weighed, inspected and graded.
Sec. 6141. Class B warehouse; requirements when grain or hay is received.--It shall be unlawful for any warehouseman conducting a class B grain warehouse to receive any grain into his warehouse without having the same inspected and weighed in by a State grain inspector, and it shall be the duty of every such warehouseman to, upon request, issue or cause to be issued a receipt for each consignment of grain received, showing the weight, kind and grade of such grain, the name of the owner thereof and the date when the same was received, but such receipts shall not be entitled to registration, and grain shall be delivered from such warehouse without notice from the registrar of warehouse receipts.
Sec. 6142 (1917). Fees; class A grain warehouse.—The fees for weighing out grain from a class A grain warehouse and for inspecting out grain in case the owner desires inspection out, shall be fixed by the public service commission of Oregon, and the State grain inspectors may, when requested so to do by persons desiring grain inspected out, issue certificates of inspection in accordance with the names of the grains used in the markets to which the grain to be shipped.
Sec. 6149. Cars, opening and weighing.--* The chief inspector, his deputies, weighers or samplers shall break the seal, weigh and superintend the unloading of all cars of grain or hay subject to inspection, and it shall be unlawful for any other person or persons to break the seal or weigh such cars of grain or hay.
Sec. 6150. Railroads to provide suitable track scales; control and inspection; terminal warehouse scales.-* Such railroad company delivering grain or hay in cars at any of the places provided with State inspection under this act] shall provide at such place or places as the commission may designate suitable track scales for weighing cars of grain or hay. Such scales shall be under the control of the chief inspector and his deputies. It shall be the duty of the chief inspector or his deputies to require the railroad company to correct all scales so provided as often as may be necessary to insure the correct weighing of grain or hay. Whenever scales have been installed by any railroad company as above provided, it shall be the duty of the chief inspector or his deputies to use such scales in weighing all grain or hay received over the line of such railway: Provided, That if any terminal warehouse in inspection cities is provided with proper scales and weighing facilities, the chief inspector or his deputies may weigh the grain upon the scales so provided.
Sec. 6152. Public scales, owners or operators of may be appointed as State weighmasters; fees; monthly report; not to be interested in storing, handling, etc.; rules and regulations.—Owners or operators of public scales used for weighing grain, hay or other commodities, may be appointed by the commission as State weighers. Every such scale owner or operator who may be appointed as State weigher shall be required to give a bond to the State of Oregon in a sum not less than one thousand dollars and to subscribe to the regular oath of office. They may be authorized by the commission to issue certificates of weight for such commodities as they may weigh. The fees for such service shall be fixed by the commission and may be retained by the scale owner or operator as compensation for the service performed. Such owner or operator shall report to the chief inspector monthly stating the quantity of all grain and other commodities weighed and the amount of fees collected therefor. No owner or operator of public scales appointed as State weigher shall, during his term of office, be interested directly or indirectly in the handling, storing, shipping, purchasing or selling of grain, grain products or hay, or other commodities, included within the provisions of this act. The commission may prescribe rules and regulations governing weighing of grain, grain products, hay or other commodities by owners or operators of public scales appointed as State weighers.
Sec. 6153. Unloading grain or hay at unusual hours or working days, provision for.- When occasions arise where it is deemed advisable to load or unload cars or cargoes of grain or hay outside of the usual working days or working hours, the proper chief deputy shall provide inspectors and weighers necessary to supervise the inspection and weighing of such commodities and the commission shall, by rule, fix a reasonable sum per hour to be paid therefor by the party requesting such unusual service, which fees shall be in addition to the regular inspection fees provided for weighing and inspection. All
moneys collected under the provisions of this section shall be paid into the State treasury and an amount not exceeding such additional fees may be paid to the deputy weighers and inspectors by whom such additional service may be performed.
Sec. 6154 (a1919). Shipper's weight and grade conclusive, when. When grain or hay is shipped to points where inspection is provided and the grain or hay is unloaded without being inspected or weighed by a duly authorized deputy grain inspector under the provisions of this act, the shipper's weight and grade shall be conclusive and final and shall be the weight and grade upon which settlement shall be made with the seller.
Sec. 6155 (1917). Penalty.-Any railroad company or common carrier or other corporation, and any warehouseman, which shall violate or fail to comply with any provisions of this act, or which fails, omits or neglects to obey, observe or comply with any order, rule or any direction, demand or requirement of the commission made under the provisions of this act, shall be subject to a penalty of not to exceed the sum of one thousand dollars for each and every offense, and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance thereof shall be and be deemed to be a separate and distinct offense. Every officer, agent or employee of any railroad company or common carrier, or other corporation, or any warehouseman, which shall violate or fail to comply with, or who procures, aids or abets any violation by any such railroad company or common carrier, or other corporation or warehouseman, of any provision of this act, or who shall fail to obey, observe or comply with any order of the commission; or any provision of any order of the commission; or who procures, aids or abets any such railroad company or common carrier, or other corporation, or any warehouseman, in its failure to obey, observe and comply with any such order or provision shall be punished upon conviction by a fine of not more than one thousand dollars or by imprisonment in the county jail not more than one year or by both fine and imprisonment. Every person, either individually or acting as an official or agent of any corporation other than a railroad company, common carrier or warehouseman, who shall violate any provision of this act, or fail to observe or comply with any order made by the commission under this act, so long as the same shall be or remain in force; or shall procure, aid or abet any such corporation, in its violation of this act, or in its failure to obey, observe or comply with any such order, shall be punished upon conviction by a fine of not more than one thousand dollars or by imprisonment in the county jail not more than one year, or by both fine and imprisonment.