Sec. 126.33. Liens; weighing charge.

The charge for inspecting and weighing grain under this chapter [Secs. 126.01-126.80] is a lien on the grain; and whenever the grain is in transit the charges shall be treated as advanced charges to be paid by the common carrier in possession of the grain at the time of inspection. [1945]

Sec. 126.40. Supervision by commission.

The commission [grain and warehouse commission] shall exercise constant supervision over housing and marketing grain in every city in which a public warehouse is located; over handling, inspecting, weighing and storing the same; and over the management of the public warehouses. The commission shall investigate all complaints of fraud or oppression in the grain trade and in the handling and housing of grain in such cities, and, at least 3 times annually, shall verify by measurement the amount of grain in each public warehouse. [1945] Sec. 126.41. Weighing regulations to be published.

The regulations adopted by the commission [grain and warehouse commission] for weighing and inspecting grain shall be published in a daily newspaper in each city which has a public warehouse. [1945]

Sec. 126.46.1 Weighing and inspecting fees to defray ex

penses.

The fees for weighing, inspection and other services performed under this chapter [Secs. 126.01126.80] shall be so fixed as to make the work of the commission [grain and warehouse commission] selfsustaining. [1945]

1 See Sec. 126.28, page 1107; power to fix rates.

Sec. 126.47. Chief weighmaster to keep record; weight certificate; prima facie evidence.

The chief weighmaster shall keep a correct record of all grain weighed, giving the amount of each weight, the number and contents of each car weighed, the place where weighed and the date; and of all grain weighed into boats and the date and amount thereof, and the name of the boat. He shall, upon the payment of the weighing charges, give under his hand and the seal of the state a certificate of the weight of the grain, the date weighed, amount and kind of grain and where weighed, and the name or initial and number of the car or boat from or into which the same was weighed. Such certificate is prima facie evidence of the facts therein contained. [1945]

[ED. NOTE.-In Wisconsin Statutes 1947, following the foregoing section, it is stated: "What seal is meant? There is no provision in ch. 126 for an official seal. Naturally one would expect the seal to be that of the commission. The state's seal is with the secretary of state. (Bill 321-S)"]

Sec. 126.53. Penalties for violations.

(1) Any person who violates any provision of this chapter [Secs. 126.01-126.80] or fails to perform any duty required by any provision hereof (when the punishment is not otherwise specifically provided) shall be fined not less than $10 nor more than $100 and shall be liable to all persons aggrieved thereby for treble the amount of damages suffered.

(2) Any person who alters, changes or modifies any certificate issued under authority of the commission [grain and warehouse commission] shall be fined not less than $100 nor more than $500 and shall be liable to the commission in damages 3 times the amount incurred by reason of such alterations, changes or modifications. [1945]

Sec. 126.57. Locus of sale; weighing.

In all sales of grain to be delivered in Superior or where the purchase price is to be determined by weighing the grain in Superior or where delivery or weighing is contemplated or afterwards takes place there, the sales shall be deemed to have been made in said city within the provisions of this chapter [Secs. 126.01-126.80] and the grain shall be inspected and weighed under this chapter. [1945] Sec. 126.58. Presumption of sale.

All grain delivered from any warehouse to cars or boats in Superior, is presumed to have been delivered upon, or in fulfilment, in whole or in part, of a contract for the sale thereof and shall be weighed and inspected under this chapter [Secs. 126.01– 126.80] at the time of delivery. But this section does not apply to the use of boats for storage out of navigation season, provided the grain is afterwards returned to the warehouse for inspection and weighing. [1945]

Sec. 126.59. Unauthorized weighing; penalty.

Only the chief weighmaster or his deputy shall weigh grain received into any warehouse or mill in Superior or shipped out of such warehouse or mill. Any violation of this section shall be punished by a fine of not less than $100. The section does not prevent the owner of grain from weighing his grain where the weighing does not relate to a sale or delivery or payment for said grain and is solely for his private use; but the burden of proving that the weighing is for his private use shall be upon him. [1945]

Sec. 126.61. No delivery until fees paid.

No railway company shall deliver in Superior any inspected grain until the fees for inspection are paid as provided in section 126.33; and for a violation of

this section, it shall be liable to the commission for 3 times the amount of the fees so unpaid. [1945] Sec. 126.62. Refusal by warehouseman to pay charges; sales. In case any consignee of grain or other person to whom grain is ordered delivered refuses to pay the inspection charges or refuses to receive the grain. upon which said charges are a lien, by reason of the railway company insisting upon payment of such charges, the company shall immediately notify the consignor or owner of the grain of the refusal and shall collect the charges from him, and in case the charges are not paid promptly the company may upon one day's notice (oral or in writing or by telegram) sell the grain in the open market in Superior, and out of the proceeds of sale pay the expenses, inspection fees, weighing charges and transportation charges, and pay the balance to the person entitled thereto. [1945]

Sec. 126.64. Penalty for sale without inspection; locus of sale. No person shall sell or offer grain for sale in Superior, until it has been inspected, or deliver any grain in said city in pursuance of any contract made elsewhere, to any person, warehouse or mill, or from any such warehouse to cars or boats, until inspection is made. Any person violating this section or participating in any such sale or delivery or receiving such grain shall be fined not less than $100 or imprisoned not exceeding 90 days or both. Every sale, offer for sale or delivery of grain within the meaning of this section shall be deemed made in said city, notwithstanding the contract was made elsewhere, if such grain, at the time, is within the city or is thereafter delivered in said city. In determining whether there is a delivery in the city, no delivery to a common carrier outside of the city is deemed a delivery to the purchaser unless the exact amount of the purchase price has been paid. This section does not prohibit making executory contracts for the delivery of grain if they provide for the inspection and weighing of the grain under the supervision of the commission [grain and warehouse commission]. [1945]

Sec. 126.70. No shipment until weighed; penalty.

No grain shall be delivered from any warehouse in Superior to any boat or car until the grain has been inspected, graded and weighed under the supervision of the commission [grain and warehouse commission], and the fees for inspection, grading and weighing paid on demand contemporaneously with such delivery. Any violation of this section shall be punished by a fine of not less than $100, nor more than $500, or by imprisonment not exceeding 6 months, or by both such fine and imprisonment. [1945]

Sec. 126.71. Penalty for obstructing weighmaster.

Any person who resists or interferes with the chief inspector or deputy, or the weighmaster or his

deputy, while engaged in the performance of his duty, shall be punished by imprisonment in the county jail not more than 6 months, or by fine not exceeding $200, or by both such fine and imprisonment. [1945]

Sec. 126.72. Construction of chapter 126.

This chapter shall be liberally construed to insure an honest inspection, grading and weighing of grain between sellers and purchasers in the market at Superior, and of all grain delivered to or by any elevator in said city, and to prevent fraud therein. [1945]

[ED. NOTE.—In Wisconsin Statutes 1947, following the foregoing section, it is stated: "The intent of old 126.72 would probably be more exactly expressed if "public warehouse" were substituted for "elevator." However the value of this section is open to question. (Bill 321-S) ".]

Sec. 126.74. Milwaukee excepted.

This chapter [Secs. 126.01-126.80] does not apply to cities of the first class. [1945]

Statutes 1947, Vol. 1, Title XV, Ch. 161-Narcotic Drugs.

Sec. 161.10. Marking requirements.

(1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind and form of narcotic drug contained therein. [1935]

Sec. 161.19. Enforcement.

(1) It is the duty of the state board of health and state board of pharmacy, their officers, agents, inspectors and representatives, and of all peace of ficers within the state, and of all district attorneys, to enforce all provisions of this chapter [Secs. 161.01161.275], except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to narcotic drugs. [1935; last amended 1939.]

Sec. 161.20. Penalty for violations.

Any person violating any provision of this chapter [Secs. 161.01-161.275] shall upon conviction be punished, for the first offense, by a fine not exceeding two hundred dollars, or by imprisonment in jail for not exceeding three months, or by both such fine and imprisonment, and for any subsequent offense, by a fine not less than one hundred dollars and not exceeding one thousand dollars, or by imprisonment in state prison for not exceeding five years, or by both such fine and imprisonment. [1985]

Statutes 1947, Vol. 1, Title XVI, Ch. 167-Match Boxes and Containers.

Sec. 167.07. Match boxes and containers.

(2) ; all matches shall be packed in boxes or suitable packages, containing not more than seven hundred matches in any one box or package; provided, however, that when more than three hundred matches are packed in any one box or package, the said matches shall be arranged in two nearly equal portions, the heads of the matches in the two portions shall be placed in opposite directions, and all boxes containing three hundred and fifty or more matches shall have placed over the matches a center holding or protecting strip, made of chipboard, not less than one and one-quarter inches wide; said strip shall be flanged down to hold the matches in position when the box is nested into the shuck or withdrawn from it.

(3) All match boxes or packages shall be packed in strong shipping containers or cases; maximum number of match boxes or packages contained in any one shipping container or case, shall not exceed the following number:

No shipping container or case constructed of fiber board, corrugated fiber board, or wood, nailed or wirebound, shall exceed a weight, including its contents, of seventy-five pounds; and no lock-cornered wooden case containing matches shall have a weight, including its contents, exceeding eighty-five pounds; nor shall any other article or commodity be packed with matches in any such container or case;

(4) Any person, association or corporation violating any of the provisions of this section shall be fined for the first offense not less than $5 nor more than $25, and for each subsequent violation not less than $25. [1945]

Statutes 1947, Vol. 1, Title XVII, Ch. 195-Weighing of Freight.

Sec. 195.03. Powers and duties of commission.

(15) The commission [public service commission] may prescribe rules and regulations covering the charges and manner of conducting the business of public elevators and warehouses upon railroad ground.

(16) The commission may make reasonable regulations for furnishing cars to shippers, and for moving, loading and unloading cars and for weighing

cars and freight, and to test railroad weights and scales used in weighing freight or cars. [1943]

Sec. 195.07. Law enforcement.

(1) The commission [public service commission] shall inquire into the neglect or violation of the laws of this state by railroads and public utilities (as defined in chapters 195 and 196), or by the officers, agents or employees thereof, or by persons operating railroads or public utilities, and shall have the power, and it shall be its duty, to enforce all laws relating to railroads or public utilities, and report all violations thereof to the attorney-general. [1943]

Sec. 195.22. Railroads to weigh correctly.

(3) Every railroad shall correctly weigh all freight shipped by weight and shall also correctly weigh all empty cars when freight is shipped in carload lots. [1943]

Sec. 195.23. Livestock scales.

At every point at which any railroad maintains a stockyard and an agent, from which point twentyfive carloads or more of stock were shipped during each of the four preceding years, such railroad shall maintain suitable platform scales properly housed and available for the weighing of live stock. The capacity of such scales may be prescribed by the commission upon the application of the railroad or of any person shipping live stock from such point during the preceding year; provided that upon such notice as the commission may prescribe to each person who shipped live stock during the preceding year from any such point upon its line, any railroad may apply to the commission for and may obtain an order exempting such point from the operation of this section upon proof that the probable benefit to accrue to shippers in their dealings with the railroad will not warrant the financial burden that would be imposed upon it by the installation of such scales, and in the determination of such benefits or burdens the commission shall not consider any benefit that might accrue to shippers in their dealings with other than the carrier concerned. [1943]

Sec. 195.36. General penalty upon railroads.

If any railroad shall violate any provision of this chapter [Secs. 195.01-195.39], or shall do any act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it, for which a penalty has not been provided, or shall fail, neglect or refuse to obey any lawful requirement or order made by the commission [public service commission], or any judgment or decree made by any court upon its application, for every such violation, failure or refusal in respect to any matter prescribed by this chapter such railroad shall forfeit not less than one hundred dollars nor more than ten thousand dollars. The

Within three years after the delivery of any shipment of property at destination, any person, firm or corporation may submit to the public service commission, by mail or in person, any railroad or express company expense bill or receipt showing charges paid for transportation of such property by freight or express for the purpose of having the same examined with respect to the correctness of weights, rates and charges indicated thereon. Upon receipt of any such expense bill or receipt the commission shall make such examination as is necesssary, and if it shall be found that any such weights, rates or charges are incorrect, the commission shall order the express or railroad company in error to refund to the person, firm or corporation which submitted such expense bills or receipts, any over or excessive charges paid by such person, firm or corporation; provided, however, that the public service commission shall not be required to audit or examine more than fifteen such expense bills or receipts from any one shipper or consignee in any one calendar month. [1943]

Statutes 1947, Vol. 1, Title XVII, Ch. 196-Public Utilities.

Sec. 196.01. Definition.

As used in chapters 196 and 197, unless the context requires otherwise, "public utility" means and embraces every corporation, company, individual, association, their lessees, trustees or receivers appointed by any court, and every sanitary district, town, village or city that may own, operate, manage or control any plant or equipment or any part of a plant or equipment, within the state, for the production, transmission, delivery or furnishing of heat, light, water or power either directly or indirectly to or for the public.

The term "public utility" as herein defined includes any person, firm, or corporation engaged in the transmission or delivery of natural for gas compensation within this state by means of pipes or mains. [1937; last amended 1947.]

Sec. 196.02. Powers of commission.

(1) The commission [public service commission] is vested with power and jurisdiction to supervise and regulate every public utility in this state, and to do all things necessary and convenient in the exercise of such power and jurisdiction.

(3) The commission shall have power to adopt reasonable rules and regulations relative to all inspections, tests, audits and investigations. [1931]

Sec. 196.16. Standard measurements; accurate appliances.

(1) The commission [public service commission] shall fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage or other condition pertaining to the supply of the product or service rendered by any public utility, and prescribe reasonable regulations for examination and testing of such product or service and for the measurement thereof.

(2) It shall establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements. [1931]

Sec. 196.17. Tests of meters; fees.

(1) The commission [public service commission] shall provide for the examination and testing of all appliances used for measuring any product or service of a public utility.

(2) Any consumer or user may have any such appliance tested upon payment of the fees fixed by the commission.

(3) The commission shall establish reasonable fees to be paid for testing such appliances on the request of the consumers or users, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the appliance be found defective or incorrect to the disadvantage of the consumer or

user.

(4) The commission may purchase materials, apparatus and standard measuring instruments for such examinations and tests. [1931]

Sec. 196.171. Examination of meters.

Any officer or agent of any public utility furnishing or transmitting gas or electric current or both or water to the public or for public purposes, for that purpose duly appointed and authorized by such utility, at all reasonable times, upon exhibiting a written authority signed by the president or a vice president and secretary or assistant secretary of the utility, or in the case of a municipally owned plant, the commissioner of public works or such other official in charge of the utility, may enter any dwelling, store, building, room or place supplied with gas, electricity or water by such utility, for the purpose of inspecting, examining, repairing, installing or removing the meters, pipes, fittings, wires and works for supplying or regulating the supply of gas, electricity or water and of ascertaining the quantity of gas, electricity or water supplied. Any person who shall, directly or indirectly, prevent or hinder any such officer or agent from so entering any such premises, or from making such inspection, examination, removal or installation at any reasonable time, shall be punished by a fine of not more than twenty-five dollars for every such offense. [1935]

Statutes 1947, Vol. 1, Title XVII, Ch. 196-Public Utilities-Continued.

Sec. 196.18. Entry on premises.

The commission [public service commission], its agents, experts or examiners may enter upon any premises occupied by any public utility for the purpose of making the examinations and tests provided in this chapter [Secs. 196.01-196.855] and set up and use on such premises any apparatus and appliances and occupy reasonable space therefor. [1935]

Statutes 1947, Vol. 2, Title XXXII, Ch. 343—Scaling Logs.

Sec. 343.551. Fraud in scaling.

Any lumber or deputy lumber inspector or any other person employed to scale logs who shall purposely over or under scale or measure the same, or

knowingly report a greater or less amount than the true scale thereof, or make any record of a greater or less amount of logs than he has actually scaled, or who shall omit or neglect to scale any logs he is lawfully called upon to scale, for the purpose of defrauding another, and any person who shall procure the performance of any such act, or cause such omission or neglect, or knowingly and willingly be interested therein or profit thereby, shall be punished by imprisonment in the state prison for not more than five years nor less than one year, or in the county jail for not more than one year nor less than six months, or by fine of not more than five thou sand dollars nor less than one hundred dollars. Any person who shall make any certificate of scalement which scalement he did not personally make shall be punished by imprisonment in the county jail not more than six months nor less than one month, or by fine of not more than five hundred dollars nor less than one hundred dollars. [1885]