2046 ARTICLE 48

The tobacco graders shall be present when the hogshead is uncased and
the sample taken, and they may proceed at once to grade the tobacco ac-
cording to the gra'de established by them under authority of Section 11
of this Article, or may grade it in another part of the warehouse or ware-
houses. The same procedure shall be followed with respect to tobacco in
warehouses other than the State Warehouses, and it shall be the duty of
the person or persons taking samples from hogsheads in warehouses other
than the State Warehouses to notify the graders of the time when and the
place where samples will be taken. The State Board of Agriculture shall
have the right and power to examine the work of the graders and to report
the results of such examinations to the Tobacco Inspector.

It shall be unlawful for any sales agency or its representative, to which
tobacco has been consigned by the owner for sale, to make any suggestions
or objections as to any particular bundle to be included or excluded from
the sample or to interfere or to try to use any influence in regard to same;
and any person violating this provision shall, upon conviction, be subject
to the penalty prescribed by Section 56 of this Article.

Inspector in preparing samples is as much agent of buyer as of seller, and neither
buyer nor seller has redress if both act in good faith and upon the credit of samples
thus obtained. Admissibility of evidence. Gunther v. Atwell, 19 Md. 170.

For a case under compulsory inspection law formerly existing, involving marking
hogsheads of tobacco, see Turner v. State, 55 Md. 258 (affirmed in 107 U. S. 38). See
also sec. 49.

An. Code, 1924, sec. 22. 1912, sec. 22. 1904, sec. 23. 1888, sec. 23. 1886, ch. 101, sec. 11A.
1898, ch. 314. 1916, ch. 309, sec. 22. 1920, ch. 39, sec. 22. 1933, ch. 325, sec. 22.

22. Whenever any dispute shall arise concerning the correctness of any
sample furnished by the inspector of tobacco under the seal of the State,
or of any grade fixed by the Tobacco Graders, said controversy shall be
referred to a committee of arbitration consisting of three persons to be
selected as follows: one thereof shall be selected by the inspector with the
approval of the Governor, one thereof shall be selected by the claimant
or claimants or his or their agents, and the two thus selected shall select
the remaining member of said committee; provided, however, that no
person shall be so selected, or if selected shall be competent to serve as a
member of any committee of arbitration who shall have a direct or indi-
rect interest in the tobacco in controversy.

See sec. 50.

An. Code, 1924, sec. 23. 1912, sec. 23. 1904, sec. 24. 1888, sec. 24. 1886, ch. 101, sec. 11B.
1916, ch. 309, sec. 23. 1929, ch. 367. 1935, ch. 594, sec. 23. 1936 (Sp. Sess.), ch. 138.

23. The said committee of arbitration when duly constituted and ap-
pointed shall fully examine and investigate all the facts concerning the
subject in controversy before them, and to that end they shall have power
to send for persons and papers, to compel the attendance of witnesses, to
administer oaths, and to examine witnesses on oath; they shall determine
all questions which may be submitted to them by a majority vote, and shall
assess whatever damages, if any, they may adjudge due by reason of any
false or erroneous inspection, and from their finding or award there shall
be no appeal; all damages shall be assessed upon the basis of the market
value of the particular grade of tobacco on the date of the reclamation;
and no claims on tobacco shipped either to any point in the United States
or to any foreign country shall be considered or allowed after the expira-
tion of nine months from the date of its inspection. Claims against the
warehouses for unsound or damaged tobacco shall be arbitrated as here-