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October 12, 1931. F ile 176. Mr. F. H. Knickerbocker: I return herewith your f i l e as to the question o f permitting outside trucks to weigh on railroad scales. The business o f weighing a rtic le s and issuing weight c e rtific a te s is governed by State Statutes. The present act was f i r s t in effect August 8, 1915» Statutes of 1915, Page 12SS. The act has been amended by the Statutes o f 1919, 1921 and 1923. Section 1 as amended by the Statutes o f 1923, Page 310, provides that "A ll persons, firm s, corporations, co-partners or individuals engaged in the business o f public weighing for hire, or any person, firm or corporation who sh all weigh or measure any commodity, produce or a r tic le and issue therefor a weight c e rtific a te which sh all be accepted as the accurate weight upon which the purchase or sale o f such commodity, produce or a rtic le is based sh all be known as a public weighmaster." The act then provides fo r the f i lin g o f a bond, payment o f a license fee and the obtaining o f a seal. By the Statutes o f 1919i Page 725, a new section was added which provides: "Section 7 (a ). Any person v io la ­ting any o f the provisions o f this act sh all be gu ilty o f a misdemeanor.* It is therefore apparent that i f a rtic le s are weighed on our scales fo r which weight c e rtific a te s are issued and that weight c e rtific a te is la te r used as the accurate weight upon which the purchase or sale of such a r tic le is based we would be acting as a public weighmaster within the terms o f the act. I f we did th is without posting the bond, paying the license fee and obtaining the seal pres­cribed by the act, the company, through it s agent, would be gu ilty o f a misdemeanor. I trust these comments w ill answer the questions you have in mind. E. £. Bennett.