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[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) ")

Statutes 1947, Vol. 1, Title XIV, Ch. 126–Weighing

of Grain Continued. manner in which the charges shall be collected. [1945]

1 See Sec. 126.46, this page, which provides that the fees charged shall be sufficient to defray the expenses of the commission. 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


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 cer

tificate; 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]

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. 126.01126.80] 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 shail 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

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. [1935]


Statutes 1947, Vol. 1, Title XVI, Ch. 167–Match cars and freight, and to test railroad weights and Boxes and Containers.

scales used in weighing freight or cars. [1943] Sec. 167.07. Match boxes and containers.

Sec. 195.07. Law enforcement. (2) *; all matches shall be packed in

(1) The commission (public service commission) boxes or suitable packages, containing not more shall inquire into the neglect or violation of the laws than seven hundred matches in any one box or

of this state by railroads and public utilities (as depackage; provided, however, that when more than fined in chapters 195 and 196), or by the officers, three hundred matches are packed in any one box agents or employees thereof, or by persons operating or package, the said matches shall be arranged in

railroads or public utilities, and shall have the two nearly equal portions, the heads of the matches power, and it shall be its duty, to enforce all laws in the two portions shall be placed in opposite direc- relating to railroads or public utilities, and report tions, and all boxes containing three hundred and

all violations thereof to the attorney-general. fifty or more matches shall have placed over the (1943] matches a center holding or protecting strip, made of chipboard, not less than one and one-quarter Sec. 195.22. Railroads to weigh correctly. inches wide; said strip shall be flanged down to hold the matches in position when the box is nested

(3) Every railroad shall correctly weigh all freight into the shuck or withdrawn from it. (3) All match boxes or packages shall be packed

shipped by weight and shall also correctly weigh all in strong shipping containers or cases; maximum

empty cars when freight is shipped in carload lots.

[1943] number of match boxes or packages contained in any one shipping container or case, shall not exceed Sec. 195.23. Livestock scales. the following number:

At every point at which any railroad maintains a Number of boxes Nominal number of matches per bos

stockyard and an agent, from which point twentyOne-half gross

700 five carloads or more of stock were shipped during

each of the four preceding years, such railroad shall 400

maintain suitable platform scales properly housed 300 200

and available for the weighing of live stock. The

100 capacity of such scales may be prescribed by the Twenty gross

over 50 and under 100

commission upon the application of the railroad or Twenty-five gross

under 50

of any person shipping live stock from such point No shipping container or case constructed of fiber during the preceding year; provided that upon such board, corrugated fiber board, or wood, nailed or notice as the commission may prescribe to each perwirebound, shall exceed a weight, including its con- son who shipped live stock during the preceding tents, of seventy-five pounds; and no lock-cornered year from any such point upon its line, any railroad wooden case containing matches shall have a weight, may apply to the commission for and may obtain an including its contents, exceeding eighty-five pounds; order exempting such point from the operation of nor shall any other article or commodity be packed this section upon proof that the probable benefit to with matches in any such container or case; accrue to shippers in their dealings with the railroad

will not warrant the financial burden that would be (4) Any person, association or corporation violat- imposed upon it by the installation of such scales, ing any of the provisions of this section shall be and in the determination of such benefits or burdens fined for the first offense not less than $5 nor more the commission shall not consider any benefit that than $25, and for each subsequent violation not less might accrue to shippers in their dealings with other than $25. [1945]

than the carrier concerned. (1943] Statutes 1947, Vol. 1, Title XVII, Ch. 195–Weighing

Sec. 195.36. General penalty upon railroads. of Freight.

If any railroad shall violate any provision of this Sec. 195.03. Powers and duties of commission.

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 (15) The commission (public service commis- not been provided, or shall fail, neglect or refuse sion) may prescribe rules and regulations covering to obey any lawful requirement or order made by the charges and manner of conducting the business the commission (public service commission), or any of public elevators and warehouses upon railroad judgment or decree made by any court upon its ap. ground.

plication, for every such violation, failure or refusal (16) The commission may make reasonable regu- in respect to any matter prescribed by this chapter lations for furnishing cars to shippers, and for mov- such railroad shall forfeit not less than one hundred ing, loading and unloading cars and for weighing dollars nor more than ten thousand dollars. The

One gross Two gross Three gross Five gross Twelve gross

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]

act, omission or failure of any officer, ageni or other person employed by any railroad, acting within the scope of his employment, shall be deemed to be the act, omission or failure of such railroad. (1943] Sec. 195.38. Freight bills; examination; refunds.

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


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 gas for 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.

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


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]

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

Statutes 1947, Vol. 1, Title XVII, Ch. 196—Public knowingly report a greater or less amount than the Utilities Continued.

true scale thereof, or make any record of a greater or

less amount of logs than he has actually scaled, or Sec. 196.18. Entry on premises.

who shall omit or neglect to scale any logs he is lawThe commission (public service commission), its fully called upon to scale, for the purpose of deagents, experts or examiners may enter upon any frauding another, and any person who shall procure premises occupied by any public utility for the the performance of any such act, or cause such omispurpose of making the examinations and tests pro- sion or neglect, or knowingly and willingly be invided in this chapter [Secs. 196.01-196.855] and set terested therein or profit thereby, shall be punished up and use on such premises any apparatus and ap- by imprisonment in the state prison for not more pliances and occupy reasonable space therefor. than five years nor less than one year, or in the (1935]

county jail for not more than one year nor less than

six months, or by fine of not more than five thouStatutes 1947, Vol. 2, Title XXXII, Ch. 343—Scaling sand dollars nor less than one hundred dollars. Any Logs.

person who shall make any certificate of scalement

which scalement he did not personally make shall Sec. 343.551. Fraud in scaling.

be punished by imprisonment in the county jail Any lumber or deputy lumber inspector or any not more than six months nor less than one month, other person employed to scale logs who shall pur- or by fine of not more than five hundred dollars nor posely over or under scale or measure the same, or less than one hundred dollars. (1885)

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