8140. Supervisor of oil inspection - Appointment. 8142. Repealing clause. AN ACT creating the office of state supervisor of oil inspection, prescribing the duties thereof and providing for the appointment of such supervisor, abolishing the office of chief of the division of mineral oils and state inspector of oils, repealing all laws inconsistent therewith and declaring an emergency. [Passed, notwithstanding the governor's veto, and in force February 25, 1891; S., 1891, p. 29.* 8140.* Supervisor of oil inspection- Appointment-Term Vacancy. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That there is hereby created the office of state supervisor of oil inspection, and immediately upon the taking effect of this act the state geologist of this state shall appoint a skilled and suitable person, a resident of this state, who is not interested in any way in manufacturing, dealing, or vending any illuminating oils manufactured from petroleum, as state supervisor of oil inspection, whose term of office shall be for the term of four years from the date of his appointment, and until his successor is appointed and qualified; and in case of a vacancy occurring in said office, at any time from death, resignation or removal, or any other cause, the state geologist shall fill such vacancy by appointment, and such supervisor shall be subject to removal at any time by the state geologist for any violation or neglect of duty enjoined upon him by law. Such supervisor, when so appointed and qualified according to law, shall appoint a suitable number of deputy supervisors, at least one in each congressional district in this state, excepting in the district in which such supervisor resides; the appointment may or may not be made, at the discretion of the state supervisor. Such deputy supervisors shall qualify according to law; and such state supervisor and his deputies shall in all respects perform all the duties now or heretofore required by law of the chief of division of mineral oils and his assistants, or state inspector of oils and his deputies, and he and they shall receive therefor the same fees and compensation now provided by law for the chief of division of mineral oils and assistants or state inspector of oils and deputy inspectors. On the second Monday of January of each and every year such state supervisor shall make and deliver to the state geologist of this state an annual report of the inspections made by himself and his deputies, during the preceding calendar year. He and his deputies shall in every way comply with the law now in force pertaining to the inspection of oils. [See § 8410. 8141. Deputies-Fees. § 2. The office of state inspector of oils as created by section 2 of "An act providing for the inspection of all kinds of oil that shall be used for illuminating or combustive purposes, regu 1 ating • Unconstitutional; State, ex rel., v. Hyde, 121-35. + See § 5152. the sale of said oil, providing for certain appointments and removals to be made by the governor, defining what shall constitute certain misdemeanors, prescribing penalties, repealing certain laws, and containing other matters properly connected therewith," approved April 11, 1881, as well as the office of chief of the division of mineral oils, created by section 6, of “An act establishing a department of geology and natural resources of the state of Indiana and providing for a director of the department, abolishing the department of geology and natural history and the office of state geologist connected therewith, abolishing the offices of mine inspector and state inspector of oils; repealing all laws or parts of laws conflicting with any of the provisions of this act and declaring an emergency, passed over the governor's veto and in force February 26, 1889,* are hereby abolished; and all the duties and requirements now and heretofore devolved by law upon such officers shall be performed by the state supervisor of oil inspection. 8142. Repealing clause. 3. All laws or parts of laws inconsistent with any of the provisions of this act are hereby repealed to the extent of such inconsistency. 8143. Emergency. § 4. Whereas, an emergency is hereby declared to exist for the immediate taking effect of this act, it shall therefore take effect and be in force from and after its passage. SEC. ARTICLE 2 - OF SALT, FLOUR, BEEF, PORK AND HAY. 8144. Meats, unlawful sales etc. SEC. 8146. Meats excepted. AN ACT for the protection of the public health, by promoting the growth and sale of healthy cattle and sheep, making it a misdemeanor to sell the same without inspection before slaughtering, within this state, and to authorize cities to appoint inspectors. [Approved March 2, 1889; S., 1889, p. 150.t 8144. Unlawful offer or sale of meats - Inspection. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That it shall be unlawful to sell or offer or expose for sale in any incorporated city within this state beef, mutton, veal, lamb or pork for human food, except as hereinafter provided, which has not been inspected alive within the county by an inspector or his deputy duly appointed by the authorities of said county in which such beef, mutton, veal, lamb or pork is intended for consumption, and found by such inspector to be pure, healthy and merchantable, and for every such offense the accused, after conviction, shall be fined not more than two hundred dollars nor less than ten dollars. 8145. Inspector and deputies, appointment-Exception to statute. 2. That the city council is hereby empowered and required to ap point in each incorporated city within the county one or more inspectors and deputies, furnish the necessary blanks, and decree the fees for such inspection: Provided, that where farmers slaughter cattle, sheep or swine of their own raising or feeding for human food no other inspection shall be required or penalty enforced than such as are already provided by law to prevent the sale and consumption of diseased meats. 8146. Exception as to prepared meats. §3. Nothing herein contained shall prevent or obstruct the sale of cured beef or pork known as dried, corned or canned beef or smoked or salted pork or other cured or salted meats. *See Chap. 90, art. 15, "The State Geologist." Statute held to be unconstitutional as in violation of the federal constitution; State v. Klein, 126-68, following Minnesota v. Barber, 136 U. S., 313. NOTES TO CHAPTER 73. INSPECTION. ARTICLE I-OF PETROLEUM OILS. 8140. Appointment of inspector. The general assembly, in the creation of this and kindred offices, may, by law, provide that it or they shall be filled either by elec tion or appointment. Such appointment, if the law so directs, may be made by the governor or by an administrative state officer; State, ex rel. v. Gorby, 122-27. The inspector of mineral oils, one of the divisions named in a statute establishing a department of geology and natural resources (§ 5711), is a state officer and the of fice is a state office. The legislature having created the office and having no power within itself to fill it or to vest the director of the department with the power, on the instant of its creation the office was vacant and the governor has a right to fill such vacancy by appointment; State, ex rel. v. Hyde, 121–35. ARTICLE 2-OF SALT, FLOUR, BEEF, PORK AND HAY. 8144. Unlawful sale of meats --Inspection. This statute is unconstitutional. In Minnesota v. Barber, 136 U. S. 313, the federal supreme court declared a similar statute to be inoperative and void as being repugnant to the federal constitution. The two statutes are so nearly alike that the reasoning and conclusion of the court apply as well to this as to the Minnesota statute; State v. Klein, 126–69. NOTES TO CHAPTER 74. INTEREST. 5199. On judgments. Section 1047 requires that a decree awarding alimony to a woman on divorcement shall be for a sum in gross and not payable in annual payments. The court may, however, in its discretion, give a reasonable time for payment, by instalments, on surety given. Where alimony has thus been awarded in a gross sum and made payable in instalments maturing at fixed dates, such instalments do not bear interest nor is interest recoverable if there be no default of payment when the respective sums become due — unless it be so provided by the terms of the decree. Nor is this rule changed by the fact that the judgment debtor has, pursuant to an order of court, given bond conditioned for the payment of interest. In such a case this section, which in substance-provides that interest on judgments for money shall be at the rate of six per cent. from the date of the return of the verdict or finding of the court, if there be no contract, does not govern, for here the decree orders the payment of specific sums of money on a day or days fixed by the decree and is satisfied by the payment of the several amounts on the days fixed. If, however, the instalments, or any of them, should not be paid at maturity such unpaid sum would, from the day on which it should be paid, bear interest. Winemiller v. Wine miller, 114-541. 5200. On writings and accounts. (1) On the death of the payee of a matured promissory note, interest will not abate thereon, although the maker has the money set apart wherewith to pay it and, although there is no administration taken out on the estate, the minor heirs are without guardians and there is an uncertainty as to whether an indebtedness exists against the estate. If the maker of the note desires to escape the payment of interest it is his duty, as the maker of an outstanding note, in which no specific place of payment is appointed, to seek out the person entitled to receive payment and discharge the debt, or he should cause letters of administration to issue and pay the debt to the administrator. (2) Where a promissory note, by its terms, becomes due at a specified time subsequent to the death of a third person, who, during his life, is to receive the interest thereon and it further provides that on the death of such party interest shall cease, the latter stipulation will operate to relieve the maker of the note from the payment of interest from the date of the death of such person until the maturity of the note. If the note be not paid at its maturity interest is recoverable at the statutory rate; Gale v. Corey, 112-43. (1) Where promissory notes, which specify no rate and do not contract for the payment of interest, are executed and payable in another state or at some specified place in some other state than this, the liability of the maker as to all matters contracted for therein is governed and measured by the laws in force in such other state. (2) Where, however, promissory notes are general and not made payable at any specified place and each of them is wholly silent on the subject of interest, they are payable everywhere and, as a general rule, lex fori and not lex loci contractus governs in the collection thereof. So, where no interest has been contracted for, the interest recoverable after the breach of the contract to pay is recoverable, if allowed, as damages; and, where interest is adjudged as damages on such contracts, the rate of interest will be governed by the law of the place of the suit; Kopelke v. Kopelke, 112-440. Action on an account and bill of particulars filed. Plaintiff's recovery is not limited to the amount stated in such bill of particulars where interest is recoverable on the account sued on under this section; Ross v. Smith, 113-242. 5204. Contracts affected. The cause of action accrues on checks when presented, or when they would have been presented had there been any funds of the drawer in bank to meet them. Presentment may be dispensed with, provided that, if made, it could not, at the time, be legally and properly met by the bank with a payment. Payee is entitled to interest from that date; Culver v. Marks, 122-558. 5205. Repeal - Saving clause. This section, passed in 1879, does not repeal section 4600, which places the rate of interest to be demanded on loans of the university fund at seven per cent.; State ex rel. v. Carr, 111-335. AN ACT prohibiting contracts of waiver in certain cases and contracts by the terms of which persons agree to trade or buy of a particular person or at a particular place, shop or store and making it unlawful to coerce, or attempt to coerce, persons to trade or buy of any particular person, or at any particular place, shop or store, and providing penalties for violation. [Approved March 6, 1889; in force May 10, 1889; S., 1889, p. 191.* 8147.* Contracts of waiver for amounts due for labor unlawful. SEC. 1. Be it enacted by the General Assembly of the State of Indiana, That it shall be unlawful for any owner, corporation, association, company, firm or person engaged in mining coal, ore or other minerals, or quarrying stone, or in manufacturing iron, steel, lumber, staves, heading, barrels, brick, tile, machinery, agricultural or mechanical implements, or any article of merchandise, to directly or indirectly procure any person or persons to execute a contract or agreement to waive his or their legal right to demand of or receive from such owner, corporation, association, company, firm or person, at least once every two weeks, payment of the amount due such person or persons for labor performed, in lawful money of the United States. 8148. Coercion, contract to purchase of person or at place, unlawful. § 2. It shall be unlawful for any owner, corporation, association, company, firm or other person engaged in this state in mining coal, ore or other minerals, or quarrying stone, or in manufacturing iron, steel, lumber, staves, heading, barrels, brick, tile, machinery, agricultural or mechanical implements, or any article of merchandise, to directly or indirectly procure any person or persons to execute any contract or agreement by the terms of which such person or persons agree to purchase any article of merchandise, food, groceries, or supplies of any particular person, corporation, association, firm or company, or at any particular place, shop or store in this state. 8149. Coercion or inducement as to purchases. § 3. It shall be unlawful for any owner, manager, superintendent, operator, bank boss, agent or employer employed in any of the occupations described in section one of this bill to hold out any tokens or inducements, or make any threats or promises of reward, or in any other way, by words or acts, to coerce any of their employes to buy any article of merchandise, food, groceries, or supplies of any particular person, corporation, association, firm or pany, or at any particular place, shop or store in this state. com 8150. Attempt to coerce employe to purchase. § 4. It shall be unlawful for any owner, manager, superintendent, operator, bank boss, agent or employer to attempt, by words or acts, to coerce any of thei em *See, also, § 3878e. |