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Sec. 7274. Testing weights at mines.—Every agent, owner, lessee, or operator engaged in mining coal in any quantity, where ten or more men are worked underground, shall furnish and keep on hand for the use of the State mine inspector, for inspecting, testing, and examining scales, 500 pounds of United States standard testing weights.
Sec. 7276 (1915). Coal not to be screened before being weighed, exceptions; proviso; dimensions of screen; penalty.-It shall be unlawful for any mine owner, lessee or operator of coal mines in this State, where ten or more men are employed underground, employing miners at bushel or ton rates, or other quantity to pass the output of coal mined by said miners over any screen or any other device which shall take any part from the value thereof before same shall have been weighed and duly credited to the employee sending the same to the surface, and accounted for at the legal rate of weights as fixed by the laws of Arkansas, and no employee within the meaning of this act shall be deemed to have waived any right accruing to him under this section by any contract he may make contrary to the provisions thereof, and any provisions, contract or agreement between the mine owners, lessees or the operators thereof, and the miners employed therein, whereby the provisions of this act are waived, modified or annuled, shall be void and of no effect, and the coal sent to the surface shall be accepted or rejected; and, if accepted, shall be weighed in accordance with the provisions of this act, and right of action shall not be invalidated by reason of any contract or agreement; Provided, That in Kane Creek, River and Logan Townships in Logan County, and all of Johnson County, except Grant Township, all coal mined and paid for by weight may be paid for on the minerun basis or upon the screen-coal basis, which shall be a matter of agreement between the operators and he miners: Provided further, That if any coal shall be mined on the screen-coal basis it shall pass over the following kind of a screen, to wit: The screen shall not be more than four feet wide and not more than twelve feet long, made of steel or iron bars, which shall not be less than five-eighths of an inch in thickness on the face and not less than five-sixteenths of an inch in thickness on the bottom and not less than one and one-fourth of an inch [in width and shall be in no case more than one and onefourth of an inch apart. Said screen]' shall be supported by rests or crossbars. It shall in no event be placed more than three feet apart. The screen bars shall be placed upon rests in such a manner is to prevent spreading and said rests or crossbars shall be firmly fastened to each side of the chute through which the coal passes. Said rests or crossbars shall be so arranged as in no case to rise above the top of the screen bars in such manner as to retard the speed of the coal in passing over the screen. Where coal is screened before it is weighed, it shall be dumped upon bat [flat ?] sheets and passed over the screen as described above, and there shall be no obstruction on said screens.
Any owner, agent, lessee or operator of any coal mine in this State where ten or more men are employed underground, who shall knowingly violate any of the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars for each offense, or by imprisonment in the county jail for a period of not less than sixty [days) nor more than six months, or both such fine and imprisonment; and each day any mine or mines are operated thereafter shall be a separate and distinct offense; proceedings to be instituted in any court having competent jurisdiction.
1 The words in brackets are contained in the act as it appears in the Session Laws o: 1915, ch. 49, p. 157.
Par. 14, Art. XI, Const., as amended in 1911.
The legislature may by general and uniform laws provide for the inspection, measurement, and graduation of merchandise, manufactured articles and commodities, and may provide for the appointment of such officers as may be necessary for such inspection, measurement and graduation. Stats, and Amendments to the Codes, 1921, ch. 606, p. 1036.
Sec. 1. Department of agriculture; divisions; powers transferred to department. The Political Code is hereby amended by adding a new article to chapter three of title one of part three thereof, to be numbered article two b, embracing sections three hundred sixty-one to three hundred sixty-one e, and to read as follows:
Article IIb. Department of agriculture; divisions; powers transferred to department._361. A department of the government of the State of California to be known as the department of agriculture is hereby created. The department shall be conducted under the control of an executive officer to be known as director of agriculture, which office is hereby created. The director shall be appointed by and hold office at the pleasure of the governor, and shall receive a salary of five thousand dollars per annum.
361a. For the purpose of administration, the department shall be forth with organized by the director in such manner as, with the approval of the governor, shall be deemed necessary to properly segregate and conduct the work of the department. The work of the department shall be organized into at least five divisions to be known respectively as the division of plant industry, the division of agricultural chemistry, the division of animal industry, the division of markets, and the division of weights and measures. The direcior, with the approval of the governor, may create such other divisions and subdivisions as may be necessary, and change or abolish the same from time to time with the approval of the governor. The director shall act as chief of one of the divisions without additional compensation. *
361b. The department of agriculture except as in this act otherwise provided shall succeed to and is hereby invested with all the duties, powers, purposes, responsibilities and jurisdiction of the * * * State superintendent of weights and measures, State market director, State market commission, and of the several officers, deputies and employees of such bodies and offices; and, whenever by the provisions of any statute or law now in force or that may hereafter be enacted a duty or jurisdiction is imposed or authority conferred upon any of said bodies, offices, deputies, or employees, or upon any other person by any statute, the enforcement of which is transferred to the department, such duty, jurisdiction and authority are hereby imposed upon and transferred to the department of agriculture and the appropriate officers thereof with the same force and effect as though the title of said department of agriculture had been specifically set forth and named therein, in lieu of the names of any such board, commission, office, officer, deputy or employee thereof as the case may be. Said bodies and offices, the duties, powers, purposes and responsibilities of which are so transferred to and vested in the department of agriculture and the positions of all officers, deputies and employees thereunder are and each of them is hereby abolished and shall have no further legal existence, but the statutes and laws under which they existed and all laws prescribing their duties, powers, purposes and responsibilities and jurisdiction together with all lawful rules and regulations established thereunder, are hereby expressly continued in force. The department of agriculture shall also be in possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other property, real or personal, now or hereafter held for the benefit or use of said bodies, offices and officers. General Laws, 1915, Deering, Act 4385, p. 2121.
Sec. 5 (1913). Standards of weights and measures.— The standards of weights and measures received from the United States under a resolution of Congress approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard · weights and measures in addition thereto or renewal thereof, and such as shall be procured by the State in conformity therewith and certified by the National Bureau of Standards, shall be the State standards by which all State, county and municipal standards of weights and measures shall be tried, proved and sealed.
Sec. 6, as amended by Stats. and Amendments, 1917, ch. 786, p. 1648. Custody of standards; tolerances.--The standards referred to in the preceding section shall be kept by the State superintendent [depart
ent of agriculture] in a safe and suitable place in his office from which they shall not be removed except for repairs or certification. He shall maintain such standards in good order and shall submit them at least once in ten years to the National Bureau of Standards for certification. Upon demand the secretary of state shall deliver to the State superintendent [department of agriculture] all standards now under the control and in the possession of the secretary of state in his capacity of ex officio State sealer of weights and measures. The State superintendent [department of agriculture] shall thereupon submit such standards received from the secretary of the state to the National Bureau of Standards for certification, and he shall replace such standards as are incorrect and purchase such additional standards as shall be necessary to complete and make up a complete standard of weights and measures as required by this act. He shall also purchase such apparatus as shall be found necessary to a proper prosecution of the work of the office. The State superintendent of weights and measures [department of agriculture] may establish tolerances and specifications for commercial weighing and measuring apparatus for use in the State of California similar to the tolerances and specifications recommended by the National Bureau of
Standards, and he may establish a standard net weight, or net measure, or net count of any commodity, produce or article except any manufactured commodity consisting of four or more staple in. gredients, and prescribe such tolerances for same as he may in his best judginent deem necessary for the proper protection of the public. Any person violating such standards or tolerances shall be guilty of a misdemeanor.1
Sec. 8 (1913). Copies furnished cities, etc.; testing.–The State superintendent [department of agriculture] shall, at the request of the legislative body of any county, city, town, or city and county, furnish to said county, city, town, or city and county, copies of the standard weights and measures of the State; such copies shall be furnished at the expense of the county, city, town, or city and county requesting the same.
He shall upon request of the legislative body of any county, city, town, city and county, or upon the request of a sealer of weights and measures of any such county, city, town or city and county, appointed pursuant to the provisions of this act, test and accurately approve copies of the State's standards of weights and measures procured by any such county, city, town or city and county to be used by a sealer of weights and measures in the performance and discharge of his duties. Copies furnished under the provisions of this section or copies tested and approved by the State superintendent under the provisions of this section shall be true and correct; shall be sealed and certified to by the State superintendent [department of agriculture] and stamped with the letter “ C.” Such copies need not be of the same material or construction as the standards of the State and such copies may be furnished in any suitable materials or construction that the county, city, town, or city and county requiring the same may specify, subject to the approval of the State superintendent [department of agriculture).
Sec. 9. Inspection of standards used by cities, etc.; expense; complete set of copies.—The State superintendent [department of agriculture] shall inspect and correct the standards used by each county, city, town and incorporated city and county of the State, and at least once in two years compare the same with those in his possession and keep a record of the same, and where not otherwise provided by law he shall have general supervision of the weights and measures and weighing and measuring devices offered for sale, sold or in use in the State. Sealers of weights and measures appointed under the provisions of this act shall, upon the request of the State superintendent [department of agriculture], deliver to the State superintendent [department of agriculture] at his office the copies of the State's standards of weights and measures in their possession, and used in the discharge and performance of their duties, for verification and certification by the State superintendent [department of agriculture). The actual expense of such comparison and verification shall be borne by the county, city, town or city and county whose weights and measures are compared and verified. In addition to the standards heretofore referred to and required to be kept by the State, the State shall also have a complete set of copies of said original standards of weights and measures adopted by this act, which shall be used for adjusting county and municipal standards by the State
* No section numbered 7.