Louis Brandeis

“ The Standard Company manufactures a combination spring and lever computing scale which was then being used and sold in New York. It is equipped with a compensating device which is not automatic. Because of these 'specifications,' some county and city sealers of weights neglected to seal scales of plaintiff's make and warned scale users to discontinue the use thereof. A state inspector, who was a subordinate of the state superintendent, also marked some of these scales 'slow and faulty.' As a result, the Standard Company's business in New York was injured ”

“ He shall correct the standards of the several cities and counties, and, as often as once in five years, compare the same with those in his possession, and where not otherwise pro vided by law he shall have a general supervision of the weights, measures and measuring and weighing devices of the state, and in use in the state.'
The statutes give the state superintendent no control of county or city sealers. He does not appoint them and they are, in no respect, his subordinates. ”

“ The Standard Company contends that its scales with a mechanical compensating device are at least as trustworthy as those of its competitor with the automatic device; and it presented these views to State Superintendent Farrell, both before the 'specifications' were issued and thereafter. ”

“ He, or his deputies or inspectors by his direction, shall at least once annually test all scales, weights and measures used in checking the receipt or disbursement of supplies in every institution under the jurisdiction of the fiscal supervisor of state charities and he shall report in writing his findings to said fiscal supervisor and to the executive officer of the institution concerned ”