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shall be fined by the Commission a sum not less than one hundred dollars nor more than five thousand dollars, to be recovered before any court of competent jurisdiction, in this State.

Procedure had in such contempt proceedings shall be the same as in courts of record in this State. The remedy prescribed in this section shall not be a bar to or affect any other remedy prescribed in this Act, but shall be cumulative and in addition to any such other remedy or remedies.

Sec. 82. Any investigation, hearing or examination undertaken, commenced, instituted or prosecuted prior to the taking effect of this Act may be continued and conducted to a final determination in the same manner and with the same effect as if it had been undertaken, commenced, instituted or prosecuted in accordance with the provisions of this Act. All proceedings hitherto taken by the Commission in any such investigation, hearing or examination are hereby ratified, approved, validated and confirmed and all such proceedings shall have the same force and effect as if they had been undertaken, commenced, instituted and prosecuted under the provisions of this Act and in the manner herein prescribed.

Sec. 83. All orders, rules, decisions or regulations heretofore made, issued or promulgated by the Commission shall continue in force until the further order of the Commission. and have the same effect as though they had been made, issued or promulgated under the provisions of this Act.

Sec. 84. If any section, subsection, sentence, clause or phrase of this Act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Act. The Legislature hereby declares that it would have passed this Act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences. clauses or phrases be declared unconstitutional.

Sec. 85. Chapter 15 of the Session Laws of the twentyfifth Legislative Assembly of the Territory of Arizona, entitled, "An Act providing for the creation of the Arizona Railway Commission", approved March 10th, 1909, be and the same is hereby expressly repealed.

Sec. 86. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

Sec. 87. WHEREAS, The Constitution of the State of Arizona creates, provides for the election of, and defines the powers of a Corporation Commission, and,

WHEREAS, The Constitution of the State of Arizona prescribed certain regulations in regard to the duties, requirements and liabilities of public service and other corporations not heretofore enacted into law, and,

WHEREAS, It is essential that a public service corporation act be immediately enacted to conform with the provisions of the Constitution as appertaining thereto, and,

WHEREAS, This Act requires early operation to preserve the public peace, health and safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and its approval by the Governor, and is hereby exempt from the operation of the Referendum provision of the State Constitution

Approved May 28, 1912.

CHAPTER 91.

AN ACT

Creating the Office of State Inspector and City Sealers of Weights and Measures, Defining the Powers and Duties of Such Inspectors and Sealers, Providing for the Inspection and Sealing of Weights, Measures, Weighing and Measuring Devices; Defining the Standards and Weights and Measures to be used, regulating the Weighing and Measuring of Merchandise and Commodities Sold, and Offered for Sale in the State of Arizona, and Providing Penalties for the Violation of This Act.

Be it Enacted by the Legislature of the State of Arizona:

Sec. 1. The weights and measures received from the United States under a resolution of Congress approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be supplied by the State in conformity therewith and certified by the National Bureau of Standards, shall be the State Standards by which all municipal standards of weights and measures shall be tried, approved, and sealed.

Sec. 2. There shall be a State Inspector of Weights and Measures who shall be appointed by the Governor by and with the advice and consent of the Senate. Such inspector shall be appointed for a term of two years, and shall receive a salary of two thousand dollars ($2,000.00) per year. The State Inspector of Weights and Measures shall be allowed for clerical services and for traveling and contingent expenses for himself such sums as shall be appropriated by the Legislature.

For inspecting, testing, and sealing, weights and measures, the State Inspector shall charge, and collect from, the person owning or using such weight or measure, the following fees;

provided, however, that no fee shall be charged or collected for the inspection of weights or measures, or weighing or measuring devices, of any State Institution.

For each counter scales of capacity of 6 pounds or less....$ .15
For each counter scales of capacity of more than 6 pounds .25
For each counter scales of 1,000 pounds or less.....................................................
For each portable platform scales of capacity of more than

1,000 pounds

For each dormant or floor scales.
For each railroad truck scales......

.50

.... 1.00

2.50

5.00

For each spring scales of capacity of 30 pounds or more.... .50 For each spring scales of capacity of less than 30 pounds.. .25 For all other scales, instruments, and devices for weighing,

not herein specified, each...........---

For each measure containing 1 gallon or less........-----------
For each measure containing more than 1 gallon, for first
gallon, and for each additional gallon or fractional
part thereof...........

.50

.05

.05

For each yard measure or fractional part thereof................ .05 Provided, however, that where any weight or weights, measure or measures, scale or scales, balance or balances, scale beam or scale beams, steel yard or steel yards, or any other instrument or device for weighing or measuring, used by or belonging to any person, firm, or corporation, shall be tested by said Inspector oftener than once per year, no fee or fees shall be charged. or collected for more than one inspection per year, except in case such instrument or device be found upon a subsequent testing to be false and incorrect, whereupon the regular fee shall be collected and paid.

The Inspector shall keep an itemized list of all fees collected by him in pursuance of this Act, and at the end of each month he shall turn said fees and said itemized list over to the State Treasurer and take his receipt therefor.

Sec. 3. The State Inspector of Weights and Measures shall take charge of the standards adopted by this Act as the standards of the State, and cause them to be kept in a fireproof

building belonging to the State (or in a safe and suitable place in the office of the Inspector,) from which they shall not be removed except for repairs or for certification; and he shall take all other necessary precautions for their safe keeping. He shall maintain the State standards in good order, and shall submit them at least once in 10 years to the National Bureau of standards for cetification. He shall at least once in two years try and prove by the State standards, all standards, weights, measures, and other testing apparatus, which may belong to any city, and shall seal such when found to be accurate by stamping on them the letter "A" and the last two figures of the year, with seals which he shall have and keep for that purpose. He shall procure at the expense of the State a portable set of weights and measures, balances and other necessary testing appliances, to be used used in the inspection of all weights, or measures, weighing or measuring devices. owned by the State, by any proprietor, agent, lessee, or employee, in unincorporated or incorporated towns or cities with a population of not more than five thousand (5,000) and not less than one thousand (1,000) inhabitants according to the latest official State or United States census. He shall compare such portable set of weights and measures, ba'ances, and other necessary testing appliances, with the State standards, at least once annually, and in the event such portable set of standards is found to be inaccurate, he shall cause it to correspond with the State standards in his custody. He shall have and keep a general supervision of the weights, measures. and weighing and measuring devices, offered for sale, sold, or in use in the State. He shall upon the written request of any citizen, firm, corporation, or educational institution in the state, test or calibrate weigths, measures, or other weighing or measuring devices and instruments or apparatus used as standards in the State. He shall at least once annually test all scales, weights, and measures, used in checking the receipts or disbursements of supplies in any institution for the maintenance of which moneys are appropriated by the Legislature, and

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