upon request, to any person, and the cost thereof, as determined by the Secretary of Agriculture, shall be paid by the person making the request. The Secretary of Agriculture may cause such copies to be certified under the seal of the Department of Agriculture and may attach such conditions to the purchase and use thereof, including provision for the inspection, condemnation, and exchange thereof by duly authorized representatives of the Department of Agriculture, as he may find to be necessary to the proper application of the official cotton standards of the United States. (Mar. 4, 1923, c. 288, § 6, 42 Stat. 1518.) Historical Note See historical note to section 51, ante, of this title. Cross-References See section 740, of Title 26, Internal Revenue. $ 57. Disposition of proceeds of sale of cotton and of copies of standards. Any moneys received from or in connection with the sale of cotton purchased for the preparation of the copies, mentioned in the preceding section, and condemned as unsuitable for such use or with the sale of such copies may be expended for the purchase of other cotton for such use. (Mar. 4, 1923, c. 288, § 6, 42 Stat. 1518.) Historical Note The "First Deficiency Act, fiscal year 1924," Act April 2, 1924, c. 81, § 1, 43 Stat. 39, contained the following provision: "Any moneys received from or in connection with the sale of cotton now on hand or purchased for the preparation of any official cotton standards, and condemned, or from the sale of cotton standards prepared from cotton now on hand or purchased, may be used as authorized by section 6 [this section] of said Act." See historical note under section 51, ante, of this title. § 58. General inspection and sampling of cotton. In order to carry out the provisions of this chapter, the Secretary of Agriculture is authorized to cause the inspection, including the sampling, of any cotton involved in any transaction or shipment in commerce, wherever such cotton may be found, or of any cotton with respect to which a determination of the true classification is requested under section 54 of this chapter. (Mar. 4, 1923, c. 288, § 7, 42 Stat. 1518.) Historical Note See historical note to section 51, ante, of this title. $59. Offenses in relation to cotton standards. It shall be unlawful for any person (a) with intent to deceive or defraud, to make, receive, use, or have in his possession any simulate or counterfeit practical form or copy of any standard or part thereof established under this chapter; or (b) without the written authority of the Secretary of Agriculture, to make, alter, tamper with, or in any respect change any practical form or copy of any standard established under this chapter; or (c) to display or use any such practical form or copy after the Secretary of Agriculture shall have caused it to be condemned. (Mar. 4, 1923, c. 288, § 8, 42 Stat. 1519.) Historical Note See historical note to section 51, ante, of this title. § 60. Penalties for violations. (a) Any person who shall knowingly violate any provision of sections 52 or 59 of this chapter, or (b) any person licensed under this chapter who, for the purposes of or in connection with any transaction or shipment in commerce, shall knowingly classify cotton improperly, or shall knowingly falsify or forge any certificate of classification, or shall accept money or other consideration, either directly or indirectly, for any neglect or improper performance of duty as such licensee, or (c) any person who shall knowingly influence improperly or attempt to influence improperly any person licensed under this chapter in the performance of his duties as such licensee relating to any transaction or shipment in commerce, or (d) any person who shall forcibly assault, resist, impede, or interfere with or influence improperly or attempt to influence improperly any person employed under this chapter in the performance of his duties, shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be fined not exceeding $1,000, or imprisoned not exceeding six months, or both, in the discretion of the court. (Mar. 4, 1923, c. 288, § 9, 42 Stat. 1519.) Historical Note See historical note to section 51, ante, of this title. § 61. General regulations, investigations, tests, etc., by Secretary. For the purposes of this chapter the Secretary of Agriculture shall cause to be promulgated such regulations, may cause such investigations, tests, demonstrations, and publications to be made, including the investigation and determination of some practical method whereby repeated and unnecessary sampling and classification of cotton may be avoided, and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person, as he shall find to be necessary. (Mar. 4, 1923, c. 288, § 10, 42 Stat. 1519.) Historical Note See historical note to section 51, ante, of this title. § 62. Definitions; "person"; "commerce"; "cotton." Wherever used in this chapter, (a) the word "person" imports the plural or the singular, as the case demands, and includes an individual, a partnership, a corporation, or two or more persons having a joint or common interest; (b) the word "commerce" means commerce between any State or the District of Columbia and any place outside thereof, or between points within the same State or the District of Columbia but through any place outside thereof, or within the District of Columbia; and (c) the word "cotton" means cotton of any variety produced within the continental United States, including linters. (Mar. 4, 1923, c. 288, § 11, 42 Stat. 1519.) Historical Note This section was derived from § 11 of Act March 4, 1923, c. 288, cited to the text. A further provision of said section 11, as to liability for omissions of "agent, officer, or other person acting for, or employed by any person," is contained in section 63, post, of this title. See historical note to section 51, ante, of this title. § 63. Liability of principal for act of agent. When construing and enforcing the provisions of this chapter, the act, omission, or failure of any agent, officer, or other person acting for or employed by any person, within the scope of his employment or office, shall in every case be deemed also the act, omission, or failure of such person as well as that of such agent, officer, or other person. (Mar. 4, 1923, c. 288, § 11, 42 Stat. 1519.) Historical Note See historical note under sections 51 and 62, ante, of this title. § 64. Appropriation for expenses; appointment by Secretary of officers and agents; compensation. There are hereby authorized to be appropriated out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for carrying out the provisions of this chapter; and the Secretary of Agriculture is authorized, within the limits of such appropriations, to appoint, remove, and fix the compensations of such officers and employees, not in conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, telegrams, telephones, law books, books of reference, periodicals, furniture, stationery, of fice equipment, travel, and other supplies and expenses as shall be necessary to the administration of this chapter in the District of Columbia and elsewhere. (Mar. 4, 1923, c. 288, § 12, 42 Stat. 1519.) Historical Note For current appropriation for carrying into effect the provisions of this act, see Act Feb. 10, 1925, c. 200, 42 Stat. 845. See historical note to section 51, ante, of this title. § 65. Effect of partial invalidity. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and the application of such provision to other persons and circumstances shall not be affected thereby. (Mar. 4, 1923, c. 288, § 13, 42 Stat. 1520.) Section 71. Short title of chapter. This chapter shall be known by the short title of the "United States Grain Standards Act." (Aug. 11, 1916, c. 313, § 1, 39 Stat. 482.) Historical Note This chapter constitutes part B of "An is incorporated in the Code as chapter 13, act making appropriations for the Depart ment of Agriculture for the fiscal year ending June 30, 1917, and for other purposes," approved Aug. 11, 1916, and cited above. Part A of said Act of Aug. 11, 1916, c. 313, 'cited above, contained the "United States Cotton Futures Act" and Title 26, Internal Revenue. Part C of said act contained the "United States Warehouse Act," and is incorporated, as amended, as chapter 10 of this title. The section number cited to the text sections of this chapter should be understood as referring to the United States Grain Standards Act [Part B of the Act] and not to Act Aug. 11, 1916, c. 313, cited above, as a whole. This section was derived from section 1 of said part B. Other provisions contained in said section will be found in sections 72 and 73, post, of this title. Notes of 1. State legislation.-State regulation of weighing of grain was not superseded by the provisions of this chapter, it in no way referring to the weighing of grain, and by section 79, as does the United States Warehouse Act (see chapter 10 of this title), by section 269, thereof manifesting intention to co-operate with state officials charged with enforcement of state laws for inspection and weighing of grain. Merchants' Exchange of St. Louis v. State of Missouri ex rel. Barker (1920) 39 S. Ct. 116, 248 U. S. 365, 63 L. Ed. 300, affirming State ex inf. Barker v. Merchants' Exch. of St. Louis (1916) 269 Mo. 346, 190 S. W. 903, Ann. Cas. 1917E, 871. 2. Regulation of purchase and sale of wheat.-But the Supreme Court of the United States has held that a state statute cannot be upheld as an attempt, through inspection regulations, to assist in carrying out the purposes of this Act, where it provides inter alia: That buying by grade (the established practice) must be licensed; that (contrary to the general practice) the buyer must separate the dockage and return it to the producer, unless distinctly valued and paid for; that buyers having and operating grain elevators must give bond to the state, if buying on credit, must keep records of all wheat bought, showing grade given and price paid at the elevator and grade fixed and price paid at terminal market (outside the state), and must furnish such data to a state supervisor when requested; that the supervisor shall in a general way investigate and supervise the marketing of the grain with a view to preventing various things deemed unjust or fraudulent, including unreasonable margins of profit and confiscation of dockage; and shall have authority to make and enforce such orders, rules and regulations as may be necessary to carry out all the provisions of the Act. Shafer v. Farmers' Grain Co. (N. D. 1925) 268 U. S. 189, 45 S. Ct. 481, 69 L. Ed. 909. The court said: "The defendants further contend that the Act is simply an attempt on the part of the state, Current appropriation for carrying into effect the provisions of this chapter was made by the Agricultural Appropriation Act for the fiscal year 1926, Act Feb. 10, 1925, c. 200, 43 Stat. 845. Decisions through inspection regulations, to assist in carrying out the purposes of the United States Grain Standards Act. We think the Act discloses an attempt to do much more. To require that dockage be separated by the buyer and be returned to the producer unless it be distinctly valued and paid for is not inspection. Nor does the federal Act contain or give support to such a requirement. To exclude one from buying by grade unless he secures a grading license for himself or his agent is apart from what usually is comprehended in inspection. Nothing like this is found in the federal Act. On the contrary, it declares that persons licensed to grade under it shall not be interested in any grain elevator or in buying or selling grain, or be in the employ of any owner or operator of a grain elevator. Equally unrelated to inspection are the provisions exacting a bond to pay for all wheat bought on credit; requiring that a record be kept of the price paid in buying at the local elevator and the price received in selling at the terminal market; and authorizing the state supervisor to investigate and supervise the marketing with a view to preventing unreasonable margins of profit. None of these finds any example in the federal Act; and their presence in the state Act makes it a very different measure from what it would be without them. Aside from the adoption of the grades established and promulgated under the federal Act, we find little in the state Act to support and much to refute the assertion that it is merely an attempt to carry out the purposes of the federal Act." 3. Validity of particular state statutes. -Grain Grading Act N. D. 1923, violative of commerce clause of Constitution (article 1, § 8, cl. 3), is not valid as an attempt on the part of the state, through inspection regulations, to assist in carrying out the purposes of the United States Grain Standards Act. Shafer v. Farmers' Grain Co. of Embden (N. D. 1925) 45 S. Ct. 483, 268 U. S. 189, 69 L. Ed. 909. |