Standard Computing Scale Co., Ltd. v. Farrell, 249 U.S. 571 (1919)

Standard Computing Scale Company, Ltd. v. Farrell


No. 228


Argued March 14, 1919
Decided May 5, 1919
249 U.S. 571

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

A statement to the effect that all scales of a certain kind must be equipped with automatic devices to compensate for changes of temperature, appearing as an item in a "bulletin of instruction and information to dealers and weights and measures officials," issued by the New York Superintendent of Weights and Measures, was acted upon by certain county and city sealers of weights, with the resulting injury to the business of the plaintiff, a manufacturer of scales of the kind specified but not equipped with such devices. Held, considering the Superintendent’s functions and powers under the New York law and the purpose of the statement, that it was educational and advisory merely, not binding on the city and county sealers and not a rule or regulation of a legislative character such as might impair the plaintiff’s constitutional rights under the Fourteenth Amendment or the commerce clause. P. 573.

242 F. 7 affirmed.

The case is stated in the opinion.