Sela ae 4 co Ee me ¢ i -4 i] 2 ct 4 od 4 © oes oD 21 O. ae Oo i Z >) Lud ‘— —{ ios Sou O - Oni ~ Ssthtes Relating to the Ins sechion oF | Oil, Gasoline, Etc., and Opinions of Aitomey General Construing Same | W. H. PHIPPS, State Inspector of Oils ee eee. ONE THOUSAND NINE HUNDRED AND NINE Statutes Relating to the Inspection of Oil, Gasoline, Etc., and Opinions of Attorney General Construing Same W. H. PHIPPS, State Inspector of Oils er ONE THOUSAND NINE HUNDRED AND NINE a (House Bill No. 1275) AN ACT To ProviDE FOR THE INSPECTION OF OILs, GASOLINE AND NAPHTHA. Be it enacted by the General Assembly of the State of Ohio: Section 1. The governor, by and with the advice and consent of the Senate, shall appoint a State Inspector of Oils, who shall hold his office for the term of two years from the fifteenth day of May of each even numbered year, and until his successor is appointed and qualified; pro- vided, however, that the first appointment of a State Inspector of Oils under this act shall be for a term of two years commencing May 15th, 1908. The State of Ohio shall furnish a suitable office for the State Inspector of Oils. No person shall be appointed to the office of State Inspector of Oils who is interested in manufacturing, dealing or vending any illuminating oils or products of petroleum. Sec. 2. Before entering upon the discharge of the duties of his office, the State Inspector of Oils shall take an oath of office and also execute and deliver a bond to the state in the sum of twenty thousand dollars, with sureties to be approved by the Secretary of State, conditioned for the faithful discharge of the duties of his office. Such bond, with the approval of the Secretary of State and the oath of office endorsed thereon, shall be deposited with the Secretary of State and kept in his office. Sec. 3. The State Inspector of Oils shall appoint a suitable number of deputy inspectors of oils, who shall have the same qualifications as the Inspector and who shall be empowered to perform the duties of inspec- tion, and be liable to the same penalties as the State Inspector of Oils. Sec. 4. The deputy inspectors, before entering upon the discharge of the duties of office, shall each execute a bond to the state in the sum of five hundred dollars, with sureties to be approved by the Judge of Probate Court of the county where. the deputy is located, and file the same with the Clerk of the Common Pleas in the county where he resides. Sec. 5. The State Inspector of Oils shall receive an annual salary of thirty-five hundred dollars ($3,500.00), which shall be in full for all services performed under this act, payable monthly, together with an annual allowance of six hundred dollars ($600.00) for traveling expenses, and seven hundred and twenty dollars ($720.00) for stenographer, pay- able monthly, to be paid out of the moneys received by him under this act, Sec. 6. Each deputy inspector shall receive for such inspections as he may be called upon to make under the provisions of this act, a fee of three cents for each and every barrel of oil of fifty gallons which he shall so inspect, payable out of the fees collected as provided in section seven hereof, and not otherwise; provided, that no deputy inspector shall receive more than twelve hundred dollars ($1,200.00) in any year. Sec. 7. Each and every owner of oil which is inspected shall pay the State Inspector or the deputy inspector who inspected the same, fees therefor as follows: The sum of fifty cents for a single barrel, package or cask; the sum of thirty cents for each barrel when the lot inspected 3 171669 does not exceed ten barrels of fifty gallons each in the aggregate; the sum of twenty cents each when the lot inspected does not exceed fifty barrels of fifty gallons each in the aggregate, and the sum of seven cents each for all lots exceeding fifty barrels of fifty gallons each in the aggre- gate, and all fees accruing shall be a lien on the oil so inspected; every State Inspector of Oils and every deputy inspector of oils shall keep a true and accurate record of all oils so inspected, which record shall state the date of inspection, number of barrels and the name of the person for whom inspected, and such record shall be open to the examination of anv and all persons interested. All fees for inspection under this act shall be due and payable on formal demand of the State Inspector of Oils, and in no case shall payment be deferred beyond the tenth day of the next cal- endar month after such inspections are made. Sec. 8. Each deputy inspector shall make on the first day of each calendar month, a true and accurate return to the State Inspector of Oils and all such inspections for the preceding month, giving the quantity inspected, the date of the inspection and the name of the person for whom it was inspected, and’ shall file a duplicate copy of such return at the same time with the Auditor of State. Sec. 9. The State Inspector of Oils shall pay into the state treasury, quarterly, all moneys received by him under this act after first paying therefrom all money due him or said deputy inspectors and all expenses incident to the proper conduct of his office under the provisions of this act to that date. The State Inspector of Oils shall make at least one official visit each year to each deputy inspector. On the second Monday of each year he shall make and deliver to the Governor a record of the inspections by himself and deputies during the preceding calendar year of the receipts and expenditures of his department. Sec. 10. All mineral or petroleum oil, or any fluid or substance which is a product of the petroleum, or into which petroleum or any product of petroleum enters or is found as a constituent element, whether manufactured within this state or not, shall be inspected, as provided in this chapter, before being offered for sale to a consumer for consumption for illuminating purposes within the state; and such inspection shall be made by the use of an apparatus known as the “Foster Cup,” or Foster’s automatic oil tester, and according to the following directions for using the same: (1) Remove the thermometer with its mountings from the oil cup. (2) Lift off the oil cup containing the flashing-taper, and fill the open water bath with water to the mark upon the inside. (3) Now take out the wick-holder from the oil cup, and fill this vessel with the oil to be tested—pouring in the oil at the place of, the wick-holder and noting the gauge-mark at the thermometer hole—pour in the oil very gradually as the surface approaches the gauge mark. The gauge marks consist of a small pendant shelf, and the oil cup is properly filled when the upper surface of the oil just adheres to the lower surface of the gauge mark. ‘Too much care cannot be taken at this point; there- 4 fore, having ceased pouring, tip the cup so, that the oil flows away from the gauge; and then gradually restoring it to the horizontal, see that the surface again adheres, and add a little more oil if it does not. (4) See that the wick of the flashing-taper be adjusted to give a very small flame—a flame that does not exceed one-quarter of an inch in height. A flame that exhibits as much blue at its base as yellow at its top is right. (5) Now set the oil cup on top and into the water-bath; return the flashing-taper to its place, inverting the conical thimble around it, and return the thermometer to its place upon the cup; in doing this be sure that the casing of the latter is pushed down upon the cup as far as it will go. (6) Fill the lamp beneath half full of alcohol, light it and put it in its place beneath the water-bath. Now note the rate of increase in tem- perature as shown by the thermometer, and adjust the wick to raise the temperature at the rate of two degrees per minute. When the temperature has reached 100 degrees, light the flashing-taper and observe it closely. As soon as the oil under test has reached its “flashing point,” the flame of this taper will be extinguished by the first “flash,” and the point of attention is to note the temperature at the instant the flame of the taper is extinguished. This “flashing point” is the point of temperature at which the oil generates vapor. It shall be lawful to sell, for illuminating purposes, any oil herein described to be consumed within the state, which bears a flash test of 120° Fahrenheit, as shown by said apparatus; no oil or other substance which, by said test, flashes at any temperature below 120° Fahrenheit shall be allowed to be sold or offered for sale to a consumer for illumi- nating purposes in this state. SEC. 11. The State Inspector of Oils and his deputies shall provide themselves at their own expense with the necessary instruments, appa- ratus, stencils and brands for the testing and marking the flash test of illuminating oils, and when called upon for that purpose to promptly in- spect all oils herein mentioned, and to reject for illuminating purposes, for consumption in this state, all oils which, by being adulterated with naphtha, benzine, paraffine or other light oils or other substance, or for any other reason, will not stand and be equal to the test herein prescribed. The Inspector shall prepare the forms of all stencils and brands provided for in this chapter, and also all general regulations and rules for inspec- tion, not inconsistent with the terms and provisions of this chapter. The Inspector and his deputies are required to make the flash test of all min- eral or petroleum oils, or any oil, fluid or substance, which is a product of petroleum, or into which petroleum or any product of petroleum enters, or is found a constituent element, which is offered or is intended to be offered for sale to a consumer for illuminating purposes in this state, and if, upon such testing or examination, the test meets the requirements herein specified, the Inspector or his deputies shall affix by stencil or brand on any package, cask or barrel containing the same, ‘the word 5 “approved,” with the date of such inspection and his name with his official designation. And it will then be lawful for any manufacturer, vender or dealer to sell the same to be consumed within the state as an illuminator; ° but if the oil so tested does not meet such requirements, he shail mark by stencil or brand, in plain letters, on any package or barrel containing the same, the words “rejected for illuminating purposes,’* giving the date of such inspection and his name with his official designation; and it shall be unlawful for the owner thereof to sell oil so branded or rejected, to be consumed within the state for illuminating purposes; and if any per- son sells or offers for sale to a customer oil so rejected, he shall be deemed guilty of a misdemeanor, and shall be subject to a penalty in any sum not more than one thousand dollars, or be imprisoned in the county jail not exceeding twenty days or both. Sec. 12. Any oil intended for sale for illuminating purposes within this state, as defined herein, shall be inspected within this state, and, when consigned to a distributing station in tank cars, shall be inspected as provided herein at the refinery where manufactured when such refinery is located in this state or at the distributing station to which it is con- signed at the discretion and direction of the State Inspector, and when such inspection is made, in the manner herein provided, the Inspector or his deputy shall deliver to the owner of any such oil or his agent a cer- tificate of inspection setting forth the car initials and number; the date of inspection and the official signature of the officer making the inspection in addition to the word “approved.” When such certificate is issued by the proper officer, it shall be attached to the car containing the oil so in- spected or delivered to the owner or his agent at the distributing station as directed by the State Inspector and not until then may the oil con- tained in such car be lawfully transferred to a storage or receiving tank from which illuminating oil is distributed to consumers or dealers within this state. Should the oil in tank cars so inspected be rejected as pro- vided herein, a certificate setting forth the car initials and number, the date of inspection and the official signature of the officer making such inspection in addition to the word “rejected” shall be delivered to the owner of the oil or his agent, and any person who shall transfer the con- tents of such car to a storage or receiving tank from which illuminating oil is distributed to consumers or dealers within this state, shall be deemed guilty of a misdemeanor, and shall be subject to a penalty in any sum not less than one thousand dollars, or be imprisoned in the county jail not exceeding twenty days or both. And all wagons from which oil intended for consumption for illuminating purposes within this state shall be delivered to consumers or dealers, shall bear a certificate which shall be a duplicate, issued by the Inspector or his deputy, of the certifi- cate issued covering the contents of the car last emptied into the storage ~ or receiving tank from which such oil was filled without any additional fee. And any driver of such wagon violating this provision shall be deemed guilty of a misdemeanor and shall be subject to a fine of ten dollars for each day of such violation. 6 All barrels or packages that may be filled from such storage or receiving tank, which oil is intended for consumption for illuminating purposes within this state, shall be branded by the Inspector or his deputy without additional fee, and any person offering such oil for sale to dealers or consumers for illuminating purposes within this state, which does not bear such brand, shall be deemed guilty of a misdemeanor and subjected to a fine of ten dollars. Deliveries of oil made from refineries to their local trade, which is not transferred by tank cars to their local storage or receiving tank, but which may be delivered by pipe line or other means than tank cars into such storage or receiving tank, each delivery shall be inspected before the delivery is made into such storage or receiving tank, in precisely the same manner as prescribed herein for the inspection of cars, except that the certificate issued by said inspector or his deputy shall state the date of inspection and the number of barrels instead of the car number and initial, and any violation thereof subject to the same penalties prescribed herein covering the unloading of tank cars and delivery of the oil to consumers for illuminating purposes within this state, by the person committing the act. Nothing contained in this chapter shall be so construed as to require the inspection of miners’ lamp oil; nor the inspection of fuel oil for fuel purposes under boilers for generating steam, furnaces or retorts, in lieu of other fuel, in manufacturing plants; nor the inspection of gas making material when sold to gas works for the manufacture of gas. Sec. 13. All gasoline, petroleum-ether or similar or like substances, having a lower flash test than provided herein for illuminating oils, under whatever name called, whether manufactured within this state or not, shall be inspected by the State Inspector of Oils or his deputies, who shall affix by stamp or stencil to the package containing such substance a printed inscription containing the commercial name of such substance; the word “dangerous,” the date of the inspection and the name and official designa- tion of the officer making the inspection; and the State Inspector of Oils or his deputies shall be entitled to fees for said inspection in a sum equal to those provided for in Section 7 of this act, for the inspection provided for in Section 10 of this act, which fee shall be paid into the state treasury as provided by Section 9 of this act, and said fees shall be a lien on the gasoline, petroleum-ether or similar substances inspected. And the deputy inspector shall be compensated in fees for such inspections as provided in Section 6 of this act and make returns of such inspections as provided in Section 8 of this act. And any person, persons, or agent or any person or persons, selling or offering for sale any gasoline, petroleum-ether or simi- lar or like substances not stamped, as in this act provided, shall be deemed guilty of a misdemeanor, and shall be subject to a penalty of not more than one thousand dollars or be imprisoned in the county jail not exceed- ing twenty days, or both. The provisions of this chapter relating to the inspection of oil intended to be sold or offered for sale for illuminating purposes in this state which is shipped to distributing stations in tank 7 cars, shall be construed by the Inspector of Oils as governing, so far as practical, similar shipments of Gasoline; petroleum-ether or similar or like substances. Sec. 14. To effectually carry out the provisions of this act it shall be lawful for any State Inspector or his deputies to enter into or upon the’ premises of any manufacturer, vender or dealer in any of said oils or fluids hereinbefore mentioned for the purpose of enforcing the same, and to demand and require from any person or persons selling oils for ilumi- nating purposes within this state a statement covering any period desired, showing the total number of barrels sold by such person or persons. Sec. 15. That Sections 394, 395 and 396 of the Revised Statutes are hereby repealed. FREEMAN T. EAGLESON, Speaker of the House of Representatives. James M. WILLIAMS, President of the Senate. Passed May 9, 1908. ‘Approved May 9, 1908. Anprew L. Harris, Governor. Src. 397. (Penalty for sale of uninspected oils; for using false brands, etc. If any person for or as agent for any other person shall sell, or attempt to sell, to any person in this state any such oils to be consumed within this state for illuminating purposes, whether manufac- tured in this state or not, before having the same inspected as provided in this chapter, he shall be fined in any sym not less-than one hundrea and not exceeding three hundred dollars; and if any person shall falsely brand any package, cask or barrel, as provided in Section 394, or shall refill and use any, package, cask or barrel having the Inspector’s brand thereon, without having the oil therein inspected, he shall be fined in any sum not exceeding five hundred dollars nor less than one hundred dollars, or be imprisoned in the county jail not exceeding six months, or both, at the discretion of the court. (1884, April 11: 81 v. 140, 143; 77 v. 147, 151; Revised Statutes 1880; 75 v. 564, Sec. 4; S. and S. 402.) Sec. 398. Whoever knowingly uses for illuminating purposes any oil or product of petroleum, except such oil known as crude petroleum before the same has been inspected and branded by a chief inspector or his deputy, as hereinbefore provided, shall be fined in any sum not exceeding one hundred dollars nor less than twenty dollars. Src, 399. (For selling casks without defacing brand.) Any person selling or dealing in illuminating oils produced from petroleum, who sells or disposes of any empty barrel, cask or package which has been branded by the Inspector,, or a deputy inspector, before thoroughly canceling, re- moving and effacing the Inspector’s brand on the same, shall be fined fiftv dollars ($50) for each barrel, cask or package thus sold or disposed of. (1884, April 11; 81 v. 140, 144) 77 v. 147, 151; Revised Statutes, 1880; v4 vy. 564, Sec. 6.) Sec. 400. (Oils shall not be adulterated.) No person may adulterate with any substance whatever, for the purpose of sale, or for illuminating purposes, any oil obtained from petroleum, or obtained from coal, in such manner as to render it dangerous to use; nor shall any person knowingly sell or offer for sale any oil obtained from petroleum, or from coal, or from the products of either for illuminating purposes within this state, which by reason of being adulterated, or for any reason whatever, will flash at a temperature less than one hundred and twenty degrees of Fah- renheit’s thermometer and the test herein prescribed; but the oils not bearing the test herein prescribed, may be used in street lamps for light- ing streets or public wharves, ways or alleys, and also the gas or vapor from such oils may be used for illuminating purposes, when the oils from which said gas or vapor is generated, are contained in reservoirs under ground, outside the buildings illuminated or lighted by the gas or vapor, and a person violating any of the provisions of this section shall be punished by imprisonment in any county jail not more than one year, or by fine not exceeding five hundred dollars, ($500), or by such fine and imprisonment at the discretion of the court. (1884, April 11: 81 v. 140, 144; 77 v. 147, 151; Revised Statutes 1880; 75 v. 564, Sec. 7.) Sec. 401. (Responsibility of dealers in oils.) Whoever shall sell or keep for sale, to be consumed in the state, any illuminating oil manufac- tured from petroleum or its products, and not inspected as provided in this chapter, shall be responsible to the party or parties injured for any violation of the provisions in this chapter by himself or by any clerk or person in his employ, in the sale of such oil. (1884, April 11: 81 v. 140, 144; 77 v. 147, 152; Revised Statutes 1880; 75 v. 564, Sec. 8.) Sec. 402. Any inspector or deputy inspector who shall know of the violation of any of the provisions of this chapter, shall enter complaint before any court of competent jurisdiction against any person so offend- ing; and in case any inspector or deputy inspector, having knowledge of the violation of the provisions of this chapter, shall neglect to enter com- plaint as required by and provided for in this chapter, he shall be fined in any sum not exceeding five hundred dollars, and be removed from his position as such inspector or deputy inspector. Sec, 403. (Inspector or deputy not to traffic in oils; deputies; to whom submitted.) No inspector or deputy inspector shall, while in office, traffic directly or indirectly, in any article in which petroleum or other product thereof is a constituent part, which he is appointed to inspect, and in case of any violation of the provisions of this section by any inspector, or deputy inspector, he shall be fined in any sum not exceeding five hun- dred dollars, and be removed from his position as such inspector or deputy inspector. All questions of dispute arising between the inspectors and manufacturers or dealers, shall be submitted to the professor of chemistry in the Ohio State University at Columbus, for consideration, and his de- cision shall be final. (1884, April 11: 81 v. 140, 145; 77 v. 147, 152; Re- vised Statutes 1880; 75 v. 564, Sec. 10.) 9 Sec. 404. (J.iability for damages.) Whoever shall knowingly sell or cause to be sold any oil mentioned in this chapter, for illuminating pur- poses, which is below one hundred and twenty degrees Fahrenheit, when tested as provided in Section 394, shall be liable to any person purchasing any such oil, or to any person injured thereby for all damages resulting from any explosion thereof, and it shall be no defense that the inspector’s brand was upon the cask or package or barrel from which the oil was taken. (April 11, 1884: 81 v. 140, 145; 77 v. 147, 152; Revised Statutes 1880; 75 v. 564; Sec. 11.) (Senate Bill No, 490.) AN ACT TO PROVIDE FOR THE REGULATION OF THE SALE BY DEALERS AND THE KEEPING ON HAND BY CONSUMERS, OF GASOLINE, Be it enacted by the General Assembly of the State of Ohio: Section 1. Every person dealing at retail in gasoline, benzine or naphtha shall deliver the same to the purchaser only in barrels, casks, packages or cans having the word “gasoline,” “benzine,’ or “naphtha” plainly stenciled thereon. No such dealer shall deliver kerosene in a bar- rel, cask, package or can painted or stenciled as hereinbefore provided. Every person purchasing gasoline, benzine or naphtha for use shall pro- cure and keep the same only in barrels, casks, packages or cans painted and stenciled as hereinbefore provided. No person keeping for use or using krosene shall put or keep the same in any barrel, cask, package or can painted or stenciled as hereinbefore provided; Provided, however, that_in case of gasoline, benzine and naphtha being sold in bottles for cleaning and similar purposes, it shall be deemed sufficient if the contents of such bottles are so designated by a label securely pasted or attached thereto with the words “gasoline, benzine or naphtha.” Sec, 2. It shall be the duty of the State Oil Inspector and his depu- ties, and of the police department in cities, to enforce the provisons of this act; and their compensation and expenses of the State Oil Inspector and his deputies while so engaged shall be paid from the fund derived from inspection of illuminating oil. Src. 3. Any person violating any of the provisions of Section 1 of this act shall be punished by a fine of not less than five nor more than fifty dollars, or by imprisonment in the county jail not to exceed ninety days, or both. Src. 4. This act shall be in force on and after September 1, 1908. FREEMAN T. EAGLESON, Speaker of the House of Representatives. James M. WILLIAMS, President of the Senate. Approved, April 30, 1908. Passed, April 30, 1908, Anprew L, Harris, Governor. 10 Rules and Instructions Governing the Qualification and Conduct of Deputy Inspectors of Oils. 1. All deputies in this department are appointed without a definite time to serve and will be continued in office so long as they are satisfac- tory to the department. 2. Before entering upon the duties of deputy oil inspector, each deputy is required to give a bond in the sum of five hundred dollars ($500.00), payable to the State of Ohio, to be approved by the Probate Judge of the county in which such deputy resides and filed with the Clerk of the Court of such county. A duplicate copy of such bond is required to be filed with the Inspector showing that such bond has been duly approved by the Probate Judge of such county and filed according to law. 3. Each deputy must provide himself with the Foster Cup »r Foster’s Automatic Oil Tester, which is to be provided at the expense of such deputy. Such cups may be procured of R. P. Palmer & Co., 204 Post Square, Cincinnati, Ohio, the cost of each being $6.50. Each deputy must also have a set of stencils, one for gasoline, one for kerosene and one for naphtha. The price of a full set has been made to the inspector of $1.50 per set by the Hiss Stamp Works of Columbus, Ohio. 4. Every deputy is required upon notification of the owner of refined products to make the inspection IMMEDIATELY and in no case must such inspection be delayed longer than twenty-four hours after notification. The disregard of this rule will be considered sufficient reason for the removal of any deputy guilty of negligence of inspection. 5. Every deputy in making inspection of oil must conform’ strictly to Section 10 of House Bill 1275 and published in pamphlet form by this office. Section 10 begins on page 5 of the pamphlet entitled, Laws of Ohio relating to the Inspections of Oils, Gasoline, Naphtha, and Benzoin and other refined products of petroleum, which will be supplied by this depart- ment to every deputy inspector. 6. In the matter of the inspection of the gasoline and naphtha, there are no statutory requirements other than branding gasoline and naphtha by its correct name with the word DANGEROUS below; date of such inspec- tion and the name of the deputy inspector making such inspection, all of which should be on one stencil to be applied to the package containing such substances. There is no gravity or other test in connection with the inspection of gasoline, naphtha, benzoin, or other refined products of petroleum. It is well known that gasoline, naphtha and benzoin, will not stand the test required for oil, and consequently the law relating to the inspection of oil is not applicable to such substances and therefore the test required under Section 10 of said act is not required. 7. All gasoline, naphtha, kerosene, benzoin and other refined pro- ducts of petroleum, to be distributed within the State of Ohio for con- 11 sumption must be inspected. It is not within the province of'any deputy to make any distinction. neearciie the use.to which such: substance may be intended. 8. Each deputy is required to make on the first day of each calendar ' month a correct and accurate statement in duplicate of the oil; gasoline, naphtha, and other refined products:of petroleum, inspected by him for the preceding month and forward the same to the refiner or dealer for whom such inspection is made. Said refiner or dealer will comparé the same with his records, and if found correct, will return the duplicate to said deputy with his approval and forward the original with his remit- tance covering said inspections to the State Inspector of Oils. When this duplicate statement is received, the deputy will then forward his report to the State Inspector of Oils, mailing the duplicate thereof to the Audi- tor of State, as required in Section 8 of said act. 9. No collections will be made by any deputy. All collections for inspections, being paid to the State Inspector and the State Inspector shall pay each deputy the amount due him for inspections for the month re- ported. When the fees at three cents per barrel exceed $1,200.00 per year, such excess shall be paid into the State under Section 6 of said act. Every deputy is required not only to give prompt and careful attention to inspections, but to see that all refined products of petroleum required to be inspected under said act are properly inspected before being offered to the public for consumption. If any oil, gasoline, benzoin, naphtha, or other petroleum products is being offered for public consumption that has not been inspected, such deputy inspector discovering the same shall imme- diately report such condition to the State Inspector of Oils. It is required that considerate treatment be given to all parties interested, having due regard for conditions which may surround each individual case. Any question that may arise not fully covered by these rules and instructions should be placed before the State Inspector of Oils for his ruling. Opinions of Attorney General Relating to the Inspection of Oil, Gasoline, Etc. OPINION. CoLuMBus, Onto, June 4th, 1908. Hon, W. H. Phipps, State Inspector of Oils, Columbus, Ohio. Dear Sir: There is submitted in your communication of the 4th inst., a question as to the authority of your predecessor in office being authorized to collect the fees for inspection of oils made during the month of May, 1908. I am informed by your letter that you received your commission and were sworn in and filed your bond as Inspector of Oils on the 16th day of May, 1908. Since that time you have been, under the, provisions of the Act of April 30, 1908 (House Bill No. 1275), the only legally qualified State Inspector of Oils, and since that time have been the only one acting in such capacity authorized to demand and receive unpaid fees for inspec- tion, whether made under that act or under the law as contained in old Sections 394, 395 and 396 of the Revised Statutes. Section 7 of the act in question contains this provision: “All fees for inspection under this act shall be due and pay- able on formal demand of the State Inspector of Oils, and in no case shall payment be deferred beyond the tenth day of the next calendar month after such inspections are made.” The duties of the deputy inspectors are contained in part in Section 8 of that act as follows: “Each deputy inspector shall make on the first day of each calendar month a true and accurate return to the State Inspector of Oils, of such inspections for the preceding month, giving the quantity inspected, the date of the inspection, the name of the person for whom it was inspected, and shall file a duplicate copy of such reform at the same time with the Auditor of State.” It follows from the foregoing that the company for whom inspections have been made, whether made by you or your predecessor, has, since the enactment of the law in question, to the tenth day of the next calendar month to pay such fees, and that would be to the 10th day of June, 1908. From and after the 16th day of May your predecessor was -not entitled to receive such fees and you have been since that time entitled to demand and receive the same. Yours very truly, W. H. MItter, Asst. Attorney General. 13 OPINION. Cotumsus, Ouro, July 16th, 1908. Hon. William H. Phipps, State Inspector of Oils, Columbus, Ohio. Dear Sir: Your several communications of recent date are received in which you submit the following inquiries: First. May the Oil Inspectcr employ other persons to assist if the proper conduct of his office than those designated in Sections 3 and 5 of the actentitled “An Act to provide for the inspection of oils, gasoline and naphtha,” passed by the last General Assembly, and pay said em- ployees out of the moneys derived from the inspection fees as providd in said act? } Second. The Solar Refining Company sells its entire production of oil to the Standard Oil Company, and the Standard Oil Company pays the inspection fees. The Standard Oil Company afterwards sells said oil to independent or jobbing concerns. Said independent or jobbing con- cerns re-sell said oil to consumers. Query: Should there be but one inspection of said oil or should there be an inspection in the hands of each owner? Third. The Standard Oil Company sells a great amount of oil to the Factory Oil Company of Akron and pays the inspection fees on the same; the Factory Oil Company then proceeds to make alterations in said oil and sells it as its own-refined product. Query: Should said oil be subject to an additional inspection after having been further refined or changed by said Factory Oil Company? Fourth. Shall refined oil used in the manufacture of paint, soap, etc., and having a lower fire test than is required for illuminating purposes be exempt from inspection? Fifth. Should the inspection of oils, as provided for in the oil in- spection laws, be made at the refineries before shipment or at destination ? In repiv thereto I beg to say: 1st. Section 9 of the act regulating the inspection of oils provides as follows : ; “The State Inspector of Oils shall pay into the state treasury quarterly, all moneys received by him under this act atter first paying therefrom all money due him or said deputy inspectors and all expenses incident to the proper conduct of his office under the provisions of this act to that date.” In my opinion the State Oil Inspector may, under the above provision, employ such persons in addition to the appointment of a stenographer and deputy inspectors as provided in Sections 3 and 5 of the act, as are necessary in the discharge of his official duties and the proper conduct of his office and pay such employes out of the funds derived from inspection fees. The State Inspector, however, is not authorized, in my judgment, to appoint an assistant state inspector and delegate to him the authority to perform any of the official acts enjoined by law upon the State Inspec- tox rot Oils: 14 2nd. Section 12 of the act provides: “Any oil intended for sale for illuminating purposes within this state, as defined herein, shall be inspected within this state, and, when consigned to a distributing station in tank cars, shall be inspected as provided herein at the refinery where manufactured, when such refinery is located within this state or at the distribut- ing station to which it is consigned, at the discretion and direction of the State Inspector.” i It is evident from this provision that but one inspection of oil is required when said oil is refined and ready for sale, and the law leaves it to the discretion and direction of the State Inspector of Oils whether said oils shall be inspected at the refinery or the distributing stations to which it is consigned, It is not, in my judgment, material as to whether or not#oil is sold directly to the consumer from the refinery or passes through the hands of jobbers and retail dealers so far as the inspection is concerned. With a due regard to the protection of the consumers as contemplated by the inspection laws, the State Inspector will determine the time and place of the inspection of all oils in its transmission through the hands of jobbers ‘and dealers from the refinery to the consumer. 3rd. In my judgment all inspected oils which undergo a further process of refining or alteration is subject to another inspection before being sold or offered for sale, otherwise the intent of the law would not be carried out. ‘The purpose of the law is that the oil when it reaches the consumer shall be in like condition and quality as when tested by the inspector. 4th. Section 13 of the act is as follows: “All gasoline, petroleum-ether, or similar or like substance having a lower flash test than provided herein for illuminating oils, under. whatever name called, whether manufactured within this state or not, shall be inspected by the State Inspector of Oils or is deputies, etc.” Under this provision it is immaterial whether the oil is to be used for illumination or in the manufacture of paint, soap or any other purpose; if offered for sale, or sold, within this state, it must be inspected as herein provided. 5th. As stated above, it is in the discretion of the State Oil Inspector as to whether inspections shall be made at the refineries before shipment or at destination. : Yours very truly, - W. H. MiLter, Ass’t. Attorney General. 15 OPINION. oe : CoLumBus, On10, July 17th, 1908. Hon. William H. Phipps, State Inspector of Oils, Columbus, Ohio. Dear Sir: Your communication of July 11th is received in which you submit the following inquiry: “ A dealer, in ignorance of the law, has been selling oil without having said oil first inspected. Query: Has the deputy inspector a right to demand inspection fees of such dealer on oil previously sold which had not been inspected ? In reply thereto I beg to say Section 6 of the inspection law passed by the last legislature contains the following provision: “Each deputy inspector shall receive for such inspections as he may be called upon to make under the provisions of this act, a fee of 3 cents for each and every barrel of oil of fifty gallons which he shall so inspect, payable out of the fees collected as provided in Section 7 hereof, and not otherwise ;” And Section 7 also provides: “Fach and every owner of oil which is inspected shall pay the State Inspector or deputy inspector who inspected the same fees thereon as follows: the sum of 50 cents for a single barrel, package or cask when the lot inspected does not exceed 10 bar- rels of 50 gallons each in the aggregate; the sum of 20 cents each when the lot inspected does not exceed 50 barrels of 50 gallons each in the aggregate, and the sum of 7 cents each for all lots exceeding 50 barrels of 50 gallons each in the aggregate, and all fees accruing shall be a lien on the oils so inspected.” Under the above provisions contained in Sections 6 and 7 I am clearly of the opinion that no inspection fees can be charged or collected until after inspection is actually made. The dealer in this instance may be liable under the penal section of the inspection laws for his failure to have said oil inspected before sale, but no obligation exists for the payment of inspection fees when no inspection was made. The inspection law is not a revenue measure, but a police regulation, and it is only incidental to such regulation that revenue is derived for the benefit of the state. Yours very truly, W. H. MILter, Asst. Attorney General. 16 OPINION. CoLumMbus, Onto, July 17th, 1908. Hon. William H. Phipps, State Inspector of Oils, Columbus, Ohio. , Dear Sir: Your communication of July 13th is received in which you enclose the correspondence between your department and Messrs. Allen, Waters, Young & Andress of Akron, Ohio. From an examination of the communications enclosed I understand that the Standard Oil Cloth Company had purchased a tank car of naph- tha to be used by said company for cleaning machinery and in the manu- facture of oil cloth; that said tank car of naphtha was inspected by your deputy inspector and that the Standard Oil Cloth Company now refuses to pay the fees for inspecting the same. You inquire whether or not said tank car of naphtha was required by the inspection laws to be in- spected and whether or not the inspection fees therefor should be col- lected. In reply I beg to say that Section 13 of the act entitled “An Act to provide for the inspection of oils, gasoline and naphtha” as passed by th. last General Assembly, provides as follows: “All gasoline, petroleum-ether or similar or like substances having a lower flash test than provided herein for illuminating oils, under whatever name called, whether manufactured within this state or not, shall be inspected by the State Inspector of Oils. or his deputies.” In my judgment this provision is decisive of the inquiry. It is not material whether the purchaser of naphtha intends to use it for illumina- tion or for cleaning machinery or for any other purpose. The law pro- vides that it shall be inspected, and if found to be of a lower flash test than provided for illuminating oils, the same shall be marked “dangerous.” It may be that the Standard Oil Cloth Company being the vendee is not liable for the inspection fees, and that the same should be collected from’ the vender, Yours very truly, W. H. Miter, Asst. Attorney General. OPINION. a Co.umBus, Outro, July 17th, 1908. Hon. William H, Phipps, State Inspector of Oils, Columbus, Ohio. Dear Sir: Your communication is received in which you request an opinion as to the application of the inspection laws to the following state- ment of facts: 17 At various points along the Ohio river in West Virgina and Penn- sylvania, shipments of oil, gasoline, etc., are made into Ohio in barrels. The practice heretofore has been to have an Ohio deputy inspector go to the barreling station without the state and inspect the refined products there and report it as being inspected in Ohio. Query: Is said practice in compliance with the provisions of the act for the inspection of oils, gasoline and naphtha as passed by the last Legislature? In reply I beg to say Section 12 of said act provides as follows%, “Any oil intended for sale for illuminating purposes within this state, as defined herein, shall be inspected within this state, and, when consigned to a distributing station in tank cars, shall be inspected as provided herein, etc.” The above provision expressly requires that all oils intended for sale within this state shall be inspected within the state. Certainiy it is not intended that Ohio inspectors of oil shall have authority to make inspec- tions without the state. The jurisdiction of the Ohio Oil Inspector and his deputies is confined within the limits of the state. All oils, gasoline and other products of petroleum inspected at points within the states of West Virginia and Pennsylvania will be inspected under the inspection laws of said states, and if shipped to Ohio for the purpose of being sold or offered for sale, it then becomes the duty of the Ohio Oil Inspector to inspect such oils, gasoline, etc., in accordance with the provisions of the inspection laws of this state. Yours very truly, W. H. MILter, Ass’t. Attorney General. OPINION. CotumsBus, Onto, September 15th, 1908. Hon. William H. Phipps, State Inspector of Oils, Columbus, Ohio. Dear Sir: I beg to acknowledge receipt of your letter of September 10th enclosing a communication from the Miller Rubber Company of Akron, Ohio, in which the claim is made that a coal tar product known as benzol is not subject to inspection under the law providing for the organization of your department. Upon consideration of Section 13 of said act (99 O. L. 513) I am of the opinion that all substances being of a volatile nature similar to that of gasoline and petroleum-ether are subject to the provisions thereof. If as a matter of fact the product known as benzol is so characterized, it should be inspected regardless of the kind of raw material from which it is manufactured. Yours very truly, W. H. MILLer, Ass’t. Attorney General. 18 OPINION. CoLumBus, Onto, September 15th, 1908. Hon. William H. Phipps, State Inspector of Oils, Columbus, Ohio. Dear Sir: I beg to acknowledge the receipt of your letter of Sep- tember 10th in which you ask the following question: What rate shall be charged for the inspection of a shipment consist- ing of thirty-five barrels of gasoline and thirty barrels of oil? My attention is called to the fact that Section 7 of the act for the inspection of oil, gasoline and naphtha (99 O., L. 513) provides that for “oil which is inspected” the sum of 20 cents per barrel, when the lot in- spected does nut exceed 50 barrels, may be charged. I note that Section 13, which provides for the inspection of gasoline, authorizes the State In- spector to charge fees for such inspection “in a sum equal to those pro- vided for in Section 7 of this act.” Upon consideration of these two sections, I am of the opinion that the inspection of gasoline is separate from that of oil and that the fees on the two portions of the shipment should be separately computed. All barrels inspected under Section 13, whether of gasoline, petroleum- ether or both, should be counted as one lot, and those inspected under Section 7 should be counted as another lot. The rate, therefore, should be twenty.cents in the case submitted by you. Yours very truly, W. H. Mitter, Ass’t. Attorney Generai, OPINION. CoLuMbBus, Onto, January 8th, 1909. Hon. W. H. Phipps, State Inspector of Oils, Columbus, Ohio, Dear Sir: I desire to acknowledge the receipt of your communica- tion with reference to the inspection of single barrel shipments of oil. You inquire whether or not it is a sufficient compliance with the statute for an inspector to have samples of oil sent to him for inspection purposes, and thus avoid going to the point where the oil has been shipped? In reply thereto permit me to say that in my opinion this will not be a compliance with the statute. The purpose of the act, providing for the inspection of oils, is to protect the general public. It is the duty of the inspector and his deputies to make inspections of the shipments of oil for the purpose of determining whether or not the oil is up to the standard. The provisions of the act cannot be effectually carried out by a deputy who seeks to avoid making inspections by having a sample of oil sent to him. While there may be no fraud in sending a fair sample, it is the duty of the inspector to inspect and brand the package itself. Very truly yours, U. G. DENMAN, Attorney General. 19 OPINION. CoLtuMpgus, Ouio, February 3rd, 1909. Hon. William H. Phipps, State Inspector of Oils, Columbus, Ohio. Dear Sir: Your communication of February 2nd is received in which you submit in substance the following inquiry: From June 1st to December 31st, 1908, Mr. Albert Bauer, deputy oil inspector of Franklin county, has earned $841.86 fees for the inspection of oils. Out of said fees he has been paid at the rate of $100 per month for seven months, beginning June 1st, 1908. This leaves a balance of $141.86 to his credit. The total fees earned by said inspector during the month of January, 1909, is $38.46. Query: Is Mr. Bauer entitled to have the deficiency in his compensation for the month of January, 1909, made up out of said balance of $141.86? In reply I beg to say Section 6 of the law regulating the inspection of oils. gasoline and naphtha provides that, “Each deputy inspector shall receive for such inspections as he may be caled upon to make under the provisions of this act a fee of three cents for each and every barrel of oil of fifty gal- lons which he shall so inspect, payable out of the fees as pro- vided in Section 7 hereof, and not otherwise; provided that no deputy inspector shall receive more than $1,200 in any year.” Under this section a deputy inspector is clearly entitled to all the fees earned not in excess of $1,200, in any one year. Section 1 of said law provides that the term of the State Inspector of Oils shall begin on the 15th day of May of each even numbered year. I am, therefore, of the opinion that in enforcing the provision in Section 6, “that no deputy inspector shall receive more than $1,200 in any one year,” the compensation should be based upon the total amount of inspec- tion fees earned during each inspection year, and that such inspection year should be held to begin on the 15th day of May annually. It follows therefore that Mr. Pauer is not only entitled to the balance of $141.86, but to all other inspection fees earned by him during the year ending May 15th, 1909, not in excess of $1,20u. Yours very truly, U. G. DENMAN, Attorney General. OPINION. CoLtumsus, Onto, February 23rd, 1909. Hon. W. H. Phipps, State Inspector of Oils, Columbus, Ohio. Dear Sir: Your communication is received in which you submit substantially the folowing inquiry: Are petroleum products shipped directly from refineries in Pennsyl- 20 vania or other states to the consumers thereof in Ohio, and also when such consumers in @hio receive the same. as result of an order for said petroleum products made by a third party to said foreign refineries in behalf of said consumers, subject to the state inspection laws of Ohio pertaining thereto as found in Chapter 15 of the Revised Statutes? Replying thereto I beg to say that Section 394 of said Chapter 15, provides: “All mineral or petrolewm oil, or any oil fluid or substance which is a product of petroleum, or into which petroleum or any product of petroleum enters or is found as a constituent element, whether manufactured within this state or not, shall be inspected, - as provided in this chapter, before being offered for sale or sold for consumption for illuminating purposes within the state, and such inspection shall be conducted as herein provided, in the following manner: * * *” Section 395 of said chapter of the Revised Statutes provides: “The inspectors and their deputies are required to test the quality of all mineral or petroleum oils, or any oil, fluid or sub- stance which (is) a product of petroleum, or into which petroleum or any product of petroleum enters, or is found a constituent | element, which 1s offered or is intended to be offered for sale for » iluminating purposes in this state, * * *” Section 397 of said Chapter 15, provides a penalty for violations thereof as follows: “If any person for or as agent for any other person shall sell, or attempt to sell, to any person in this state any such oils to be consumed within this state for illuminating purposes, whether manufactured in this state or not, before having the same in- spected as provided in this chapter, he shall be fined in any sum not less than one hundred and not exceeding three hundred A es a I am of the opinion that these sections make mandatory the inspection of petroleum products which are shipped into Ohio, the object being for the protection of the general public including the consumer. The above statutes seem to be clear in thus providing, and to hold otherwise would render null and yoid our inspection laws as to petroleum products shipped directly from refineries in other states to consumers in Ohio, Yours very truly, U. G. Denman, Attorney General. 21 OPINION. : CoLumBus, Outro, April 30th, 1909. Hon. William H. Phipps, ; State Inspector of Qils, Department of Oil Inspection, Columbus, Ohio. Dear Sir: Your letter of April 28th received in which you ask the following questions: 1. Whether you may legally pay a salary to your deputy ‘napesae of oils, at Lima, for examination of the books of the Solar Refining Com- pany, in regard to the shipments of oils from that point, and 2. Whether you may legally employ a bookkeeper in Cleveland tc examine the books of the refineries in that city in regard to the shipments of oils from that point, and may lawfully pay him a salary therefor. The answer to both of these questions in my opinion is in the nega- tive. House Bill No. 1275, passed May 9th, 1908, 99 Ohio Laws, 513, which repeals Sections 394, 395 and 396 of the Revised Statutes, provides in Section 3 of said act as follows: “The State Inspector of Oils shall appoint a suitable number of deputy inspectors of oils who shall have the same qualifications as the inspector, and who shall be empowered to perform the duties of inspection, and be liable to the same penalties as the State Inspector of Oils.” Section 6 of said act provides as follows: “Each deputy inspector shall receive for such inspections as he may be called upon to make under the provisions of this act, a fee of three cents for each and every barrel of oil of fifty (50) gallons which he shall so inspect, payable out of the fees col- lected as provided in Section 7 hereof, and not otherwise; pro- vided, that no deputy inspector shall receive more than $1,200.00 in any year.” Section 3 is the authority under and by virtue of which you may appoint deputy inspectors of oil, and Section 6 provides the manner in which such deputy inspectors shall be paid. In both of these sections the duties of such deputy inspectors are stated to be those of the “inspection of oils,’ and Section 6 provides that they shall be compensated in the manner there set forth “for such inspections as he may be called upon to make under the provisions of this act.” Section 10 provides the man- ner in which the actual inspection or test of such oils shall be made. Section 11 reads in part as follows: “The inspector shall prepare the forms of all stencils and brands provided for in this chapter, and also all general regula- tions and rules for inspection not inconsistent with the terms and provisions of this chapter.” 22 And it would appear from this that you would have, under this sec- tion, the power to require your deputies to make such inspections of the books of the various refineries throughout the State as you may, in your discretion, deem necessary for a complete and adequate inspection of all such oils produced by such refineries, such inspection of books being, in my opinion, “not inconsistent with the terms and provisions of this chap- ter,” and it is my opinion that your deputies would, under the provisions of this act, be required to perform such duties without any other or further compensation than that provided in Section 6 of said act. Should you find that this would work a hardship on your force of deputies, as it is now constituted, you would, in my opinion, under Section 3 of this act, be empowered to increase their number to such an extent that you could so divide up among them the duties of inspecting such books as not to unduly burden any particular deputy or deputies, inasmuch as said Section 3 empowers you to appoint a “suitable number of deputy inspec- tors of oils.” This mode of procedure would, I think, enable you to legally attain the end you desire without unduly burdening your deputies, until such time as you can apply to the Legislature for relief. Yours very truly, U. G. DENMAN, Attorney General. 23 +7 —_— Pa ; e « bd > hi $ % s, * he ser > y +}: ee . * — 2 ? ; 2. ee ” We th, : +3 || 4 . | ae |i wal | II : The Ohio ini) Hi) IM 3 2435 sti \ ‘State mT , LL 0621609 arcu | TEM C Ss OH HE D Al 8