this language renders a state law establishing standard barrels of other sizes, for fruits, vegetables, or other dry commodities, unconstitutional and void as conflicting with the act of Congress passed under a power granted to Congress by the Constitution of the United States.

We believe that such a state law is unconstitutional and void as conflicting with an act of Congress, and therefore answer the question in the affirmative.

The general view of the powers of Congress and of the States in fixing standards of weights and measures is, that the States possess the power to fix their own standards as long as Congress refrains or neglects to pass legislation carrying into effect the power granted by the Constitution, but that the States possesses the power only so long as that power remains dormant in Congress, and that when Congress acts, it becomes exclusive in that body and the standards fixed by the Congress will be the only legal standard.

This is the position taken by various State courts. (See Weaver v. Fegely, 29 Pa. St., 30; Caldwell v. Dawson, 4 Met. Ky., 123; Harris v. Rutledge, 19 Iowa, 390; Higgins v. Petroleum Co., 109 Cal. 310).

Commentators on the Constitution also take a similar view as will appear from the following extracts:

“The other power 'to fix the standard of weights and measures' was doubtless given from like motives of public policy for the sake of uniformity and the convenience of commerce. Hitherto, however, it has remained a dormant power, from the many difficulties attendant upon the subject, although it has repeatedly been brought to the attention of Congress in most elaborate reports. Until Congress shall fix a standard, the understanding seems to be that the States possess the power to fix their own weights and measures, or, at least, the existing standards at the adoption of the Constitution remain in full force.” (2 Story, Const., Sec. 1122.)

“The power to fix the standard of weights and measures was left in the hands of the States, as well as of the General Government. As long as this power remains dormant in the National Legislature the local Commonwealths may fully exercise it. Although the standard of weights and measures is connected with the general subject of the trade, business, and commerce of the country, and although uniformity in this standard throughout the Union is demanded by considerations of expediency, yet it is evident that such a uniformity is by no means as essential as a common standard of coined money. Without the latter business would be interrupted and, in great measure, destroyed; without the former some inconveniences have been and are felt.

Should the National Legislature, however, change its policy and fix a standard for the whole country, all inconsistent State legislation

would be a nullity.” (Pomeroy, Const., Sec. 410.)

“This cannot be claimed as an exclusive power of the Legislature of the General Government as against the Commonwealths. Congress may occupy the ground whenever it sees fit, and the acts of Congress will displace the acts of the Commonwealths upon this subject; but until Congress acts, the Commonwealths may regulate the system of weights and measures." (2 Burgess, Pal. Sci. and Const. L., 141.)

"When this power is exercised, it is exclusive, or there would be no 'standard'.” (Cooley, Prin. Const. L., 85.)

The above information has been largely taken from opinions of Charles Bonaparte, former Attorney General of the United States and of Charles Earl, former solicitor of the Department of Commerce. These documents will be found on pps. 1155 and 1156 of the Congressional Record", Vol. 52, No. 23, the issue of Wednesday, January 6, 1915, and there is also contained therein and also in Vol. 52, No. 29, the issue of Wednesday, January 13, 1915, opinions of members of Congress expressed in debate on the floor.


Erin go Bragh!

The queen of all islands is Erin, the blest.

-Tom Moore.

Here's to the land of the shamrock so green,
Here's to each lad and his darling colleen,
Here's to the one we love dearest and most,
And may God save old Ireland! That's an Irishman's toast.


Dear Ireland, how sweetly thy green bosom rises,

As an emerald set in the ring of the sea,
Each blade of thy meadows my faithful heart prizes,
Thou queen of the West, the world's Cushla-ma-chree.

-Charles Phillips

Land of my forefathers, Erin-go-Bragh!
Buried and cold when my heart stills its motion.
Green be thy fields, sweetest isle of the ocean,
And thy harp-striking bards sing aloud with devotion,
Erin Mavourneen! Erin-go-Bragh!


May the harp of Erin always be in tune,
And may the shamrock never wither.


Mr. R. H. Pennington, President of the International Apple Shippers’ Association, has been kind enough to suggest that we publish the accompanying letter from his Company in the Spy, in order that other members of the Association may know what the TOLLOMETER is doing for R. H. Pennington & Co., in the way of saving Long Distance telephone expense. Coming, as it does, voluntarily from the President of the Association, this letter needs no further comment from us.

Many other members of the Association are using the TOLLOMETER and are saving from 10% to 30% of their Long Distance charges. We have prepared a booklet which contains hundreds of photographic reproductions of such letters which we will gladly mail to any member of the Association upon request.

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Although it has only been two or three months ago that we installed one of your Tollometers we have already easily learned that prior to this time we did not knou hou much unnecessary additional tolephone expense ke had, in fact the follometer has taught us how to use long aistance telephone economically.

We could not name another $10.00 orrico fixture that could prove itself of equal value. It not only gives us an opportunity to know that our telephone bills are accurate but it also teaches us to use the long distance telephone to better advantage, and to get more service out of the minimum tine allowed.

We would not hesitate to recommend this little instrument to any user of long aistance telephone.

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OUR SPECIAL OFFER:-Send us $10 each for TOLLOMETERS to be placed upon each Long Distance telephone line which you may be using in vour office.

l'pon receipt of this remittance we will ship the instruments to you, charges prepaid, with the following specifie guarantee:

You may use the instruments so shipped for thirty days, at the end of which you may return them to us if they have not saved you sufficient money to make you entirely satisfied with your investment and we will promptly refund the money paid us. We further guarantee each TOLLOMETER SO purchased to remain acrurate and mechanically perfect for one year from date of purchase.

Descriptive booklet upon request.

508 Pilgard Building



which has all the advantages of the screw press

but the former wasted time is all saved

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'HE releasing jaws in which the

works can be operated instantly so that two or three turns of the handle for each barrel is all that is required and the screw can be raised or lowered


Order from Dealers or the Manufacturers


21 MAIN ST.. ANTRIM, N. H., U.S. A. who are the largest and oldest hand or power apple parer makers in the world.

Letter from the National League

The Standard Barrel Law To League Members:

In order that you may be promptly acquainted with the provisions of the Federal Law governing the Standard Barrel for Fruits, Vegetables and other dry commodities, which will become effective July 1, 1916, we print herewith the full text of the Bill.

League members should feel an especial pride in the passage of the Tuttle Bill, H. R. 4899, which passed the House, January 13, 1914, and the Senate, March 4th, at 4:25 A. M., being one of the last acts of the Sixty-third Congress. The bill was signed by President Wilson during the early morning hours of the closing session on March 4, 1915.

This law, so important to the Fruit and Produce Industry, is the direct result of a Bill introduced by the National League of Commission Merchants, in the Sixty-second Congress in January, 1912, and with the assistance of the Western Fruit Jobbers' Association, International Apple Shippers' Association, Cranberry Growers' Associations, Eastern Shore of Virginia Produce Exchange, other potato districts and shippers generally, after a hard fight for three years, both in the House of Representatives and the Senate, was finally passed.

Our members by their prompt and generous asistance to this office in urging the support of their representatives in Congress, have played no small part in this great fight.

When this law becomes effective, on July 1, 1916, it will be mandatory.

It will apply to Interstate and Intrastate traffic alike.

By reason of the character of the cranberry, which requires a special barrel, and due to the fact that the barrel now in use for cranberries has been established by custom since the inception of the industry, and adopted by several of the states, Congress recognizing these facts made special provision for the cranberry barrel as shown in the bill.

In providing the sub-multiplies of the barrel, viz.: the third barrel, half barrel, and three-quarters barrel, the law permits the use of barrels other than the standard.

The enactment of the law will be a great boon to the producer and consumer, in establishing uniformity throughout the United States, and in doing away with the confusion and abuses which have heretofore existed by the lack of uniform state laws.

Your President and Business Manager want to take this opportunity of thanking Congressman, William E. Tuttle, Jr., of New Jersey, who introduced the Bill, and whose work has been untiring, and all others whose splendid efforts contributed so largely to the passage of the Bill.

Yours truly

W. E. JONES, President.

R.S. FRENCH, Business Manager.
March 12, 1915.

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