FIRST SESSION (MORNING OF MONDAY, MAY 26, 1924)

The conference was called to order at 10.55 o'clock a. m. by Dr. George K. Burgess, president of the conference and director of the Bureau of Standards.

OPENING ADDRESS BY THE PRESIDENT, DR. GEORGE K. BURGESS

Again we welcome you to the Bureau of Standards, and it is not necessary for me to say how cordially we greet you. I hope you will take the opportunity, especially those of you who have not been here before, to see the laboratories of the Bureau of Standards.

Perhaps the outstanding event of the year from a weights and measures standpoint was the recent decision of the United States Supreme Court in the case of the Nebraska bread law in which you are all so much interested. On its face it is true that this was not a very favorable development since the majority of the court decided that the law was unconstitutional and, in that State at least, new legislation must be procured if the sale of this commodity is to be properly regulated. However, the decision, while adverse, seems not to have affected the vital principle underlying standard-weight loaf regulation. Rather, the decision affirmed this principle and largely concerned itself with various details of the legislation and pointed out within what limits the general principle was to be applied. It thus will serve as a valuable guide in the drafting of bread laws in the future and will enable us to proceed with a greater assurance than we otherwise could have had. Moreover, since the decision concerned itself with the details of the Nebraska law, and since most of these provisions do not occur in the laws of other States which have legislated along these lines, it seems that the decision will not be of far-reaching effect and that we are not by any means required to start over again; but with slight readjustments we can proceed without a retracing of our steps.

Naturally the subject is one of much interest and will occupy a prominent place upon our program. To-morrow morning's session will largely be devoted to the subject of bread, and we hope for constructive suggestions and accomplishments. Such an event as this decision affords an excellent illustration of the tremendous amount of good which the conference can accomplish in obtaining uniformity of action throughout the country. Instead of each jurisdiction having to depend solely upon its own ideas, all the officials interested in this subject have in this organization a clearing house where they can assemble and discuss together their common problem and arrive at a common decision. The result of such a deliberation will almost certainly be better laws, increased enthusiasm, less lost motion, and greater efficiency in accomplishing the desired results than could otherwise be hoped for.

Another matter which is of interest to all of you is the interest which has been manifested in legislative proposals along weights and measures lines, especially in Congress. Among these, bread again takes a prominent place. Congressman Brand, of Ohio, who, as a member of the senate of that State, was instrumental in obtaining the passage of the State bread law, did not lose interest in the subject when he stepped from the State legislature into that of the Federal Government. Before the Congress to which he was elected had convened, Mr. Brand had visited the bureau to request our cooperation in drafting a bread law designed to regulate the interstate commerce in this commodity. You may be very sure that we were extremely glad to assure him that he would have our heartiest support and that we proposed to him a bill designed to protect from unfair outside competition those States which had enacted the standard loaf law. We have been working with Mr. Brand very closely ever since and he has found the data, which many of you collected for him at our request in reference to the weights and prices of loaves in the various jurisdictions, of very great use in the battle which he has been waging.

Ön account of the legislative situation, and on account of the fact that the Committee on Agriculture has been extremely busy in its efforts to find a solution of the perplexing situation which agriculture throughout the country is facing, it seems very unlikely indeed that a Federal bread weight law will be enacted at this session of Congress. You are not to infer from this that Congress looks with disfavor upon the proposal, however, or that the time spent upon the subject has been wasted. The Committee on Agriculture seemed to be very favorably impressed with the arguments advanced in favor of the project and we have no doubt that they will eventually take favorable action in regard to the bill. Mr. Brand will be with us to-morrow morning to tell you about the matter. I am sure that you will all find him to be a very good weights and measures man and one who can present his facts in a very forceful and interesting way. I think that you will all agree that this number of the program is a very interesting one.

But I would not have you believe that the program will be entirely devoted to the subject of bread. There will be many other features of interest and importance to all of you, and the opportunity will be afforded for a great deal of constructive work. It is proposed again to bring up the subject of specifications and tolerances for fabric-measuring devices adopted tentatively at your last session, and to adopt a final code upon this subject. Vehicle tanks will again receive attention, and it is expected that progress will be made toward the solution of the problems incident to that phase of your work, which is certainly of growing importance. The subject of taximeters will receive attention, and we will have several papers concerning them from officials and manufacturers. The testing of these measuring devices is very properly one of your functions. Many of you already occupy this field, and we expect to see more and more of you assume this work in the near future. A number of other papers of interest will be given by members, including one by the delegate from Porto Rico, whom we are glad to welcome, and several speakers

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from industry will also claim your attention. I am also very pleased to be able to advise that Doctor Stratton has promised to be here at least one day. Despite the fact that his work now lies along other lines, Doctor Stratton finds it impossible to let one of these conferences pass by without a visit from him, and we, on our part, would miss him very much were he ever unable to get here. The ceremony by means of which we hope to be able to express to him in some measure how high in our regard we hold him will not be carried through this morning, as listed upon the program, since Doctor Stratton found it more convenient to spend Wednesday with us. Finally we have set apart a time which we hope will prove to be sufficient thoroughly to discuss any questions which you desire to present to the conference for consideration.

I might say one word in relation to the arrangement of sessions at this conference. Last year it was left to the executive committee to decide whether one session per day or two sessions per day was preferable. When the committee was polled on this matter it was found that half were in favor of the one plan and half were in favor of the other. To be fair to both sides it was thought that two 1-session days and two 2-session days would be the proper solution and consequently the program has been arranged accordingly; Monday and Wednesday we will have forenoon and afternoon sessions, Tuesday and Thursday forenoon sessions only.

There will be no manufacturers' exhibit of weighing and measuring devices at this conference. For several years this exhibit has been growing smaller until last year there was criticism from both manufacturers and delegates that it was not an entirely successful feature. A preliminary survey did not indicate that it would be very much more successful this year, so it was decided temporarily to discontinue it. This subject has been placed on the program for discussion at this conference to decide our future policy.

During the year I have appointed an official with whom you are all very well acquainted, William B. McGrady, of Pennsylvania, to serve on the committee on specifications and tolerances to fill the place resigned by Mr. White, of New York. Mr. McGrady has been in weights and measures work for many years, and has had very excellent experience both in the field and as an administrative officer; he is thoroughly familiar with commercial apparatus, and through his work in enforcing the serialization law of Pennsylvania is very well versed in specifications and tolerances. I am sure that he will add a great deal of strength to this important committee.

We also, as you see from the program, had expected to have the Secretary of Commerce, Mr. Hoover, with us this afternoon. Mr. Hoover is confined to the house with a bad cold, having suffered from it for the last four days, but it is possible he may be able to appear before the sessions are over. I know he looks forward with the very greatest and keenest interest to the meetings of this conference. As you know, he has met with you during every conference since he has been Secretary, and I sincerely trust his health will permit him to come again.

The next number on the program will be reports by State delegates. This number is one which is always included, since we find

that these reports are of very great assistance in advising those in attendance of the general situation in regard to weights and measures existing throughout the United States to give them a bird's-eye view of the general progress made. With this information at hand we are then in a better position to proceed with the general program. The points which we are especially desirous of bringing out are: New legislation enacted during the year, and the general legislative situation in your State; new rules and regulations promulgated and the necessity therefor; the general condition of commercial weights and measures at present existing, with attention to any special types when special conditions exist; the result of special surveys and investigations conducted; and other matters of general interest.

Before proceeding to that item, however, I will call your attention to the fact that the record of the proceedings of the last conference, the sixteenth annual conference, has appeared only during the past month. The delay is chargeable about half to the Bureau of Standards and about half to the Printing Office. We will make special efforts to get the report of this conference out. I do not like to set an exact time, but I am safe in saying we can get it out within six months, including the time at the Printing Office. We have made provisions for speeding up the work in the bureau in getting out the report.

ABSTRACTS OF REPORTS OF STATE DELEGATES'

CONNECTICUT

By THOMAS F. EGAN, Deputy State Superintendent of Weights and Measures Mr. Egan reported that on the whole the work of his department was progressing in a fairly satisfactory manner, but he commented unfavorably on the bread situation, saying that the Connecticut bread law had done little to improve conditions. He stated that bread was being sold in at least 100 different-sized loaves at a wide range of prices per pound. He mentioned that particular attention had been paid during the past year to checking the weights of coal deliveries.

DISTRICT OF COLUMBIA

By GEORGE M. ROBERTS, Superintendent of Weights, Measures, and Markets Mr. Roberts stated that his inspectional force and equipment were somewhat inadequate, and outlined the principal needs of his department in these respects. He stated, however, that by diligent work his department had been able to take reasonably good care of the situation. He stated that special attention had been given to the milk-bottle situation, since there seemed to be a tendency to take advantage of the tolerances in deficiency, and that the tolerances were being strictly enforced, with the result that a very large number of milk bottles deficient in capacity had been confiscated and destroyed.

1 For convenience of reference these reports have been arranged in alphabetical order throughout.

ILLINOIS

By FRED BENJAMIN, State Superintendent of Standards

Mr. Benjamin reported gratifying progress in his department, especially mentioning the improvement in the gasoline-measuring devices throughout the State, and the greater cooperation between the owners of such equipment and the department. In furtherance of a general campaign of education a number of publications have been issued during the year, and these were briefly described. He also stated that the supply of office and field testing equipment was now complete.

INDIANA

By I. L. MILLER, State Commissioner of Weights and Measures

Mr. Miller reported the enactment by the last legislature of a standard fruit and vegetable container law, from the operation of which good results are anticipated. He mentioned an extensive series of tests on gasoline-measuring devices, about 20 per cent of which were found inaccurate, the errors being in most cases in deficiency. Mr. Miller spoke enthusiastically of the cooperation being given his department by the various State associations of business men, and mentioned the strong sentiment among these organizations for the abolition of bushel weights and the mandatory sale of dry commodities by weight.

LOUISIANA

By J. N. SIREN, Sr., City Inspector of Weights and Measures, New Orleans Mr. Siren reported that the weights and measures supervision in his State was entirely inadequate properly to protect the purchasing public. He mentioned particularly the difficulties encountered with short-weight or short-measure package goods shipped into Louisiana from other States, and stated his opinion that only by action on the part of the Federal Congress could this situation be completely corrected.

MICHIGAN

By L. P. STRONG, Chief, State Division of Weights and Measures

Mr. Strong reported a general improvement in the accuracy of the gasoline-measuring devices throughout the State as a result of frequent inspection by the officials, and the installation by the owners of better types of equipment. He also commented upon a new device developed by his department for the handling of 50-pound weights in the course of the tests on heavy-capacity scales. He said that this equipment was relatively inexpensive and that it had proved to be very satisfactory in use.

NEW JERSEY

By J. HARRY FOLEY, State Superintendent of Weights and Measures Mr. Foley reported the enactment, by the last legislature, of three weights and measures statutes, one a sales-by-weight law, another