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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3580   View pdf image (33K)
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3580 ARTICLE 97

preceding the weighing of the vehicle loaded he shall have first weighed
the vehicle empty to determine the true tare weight of the vehicle un-
loaded and unless all the wheels of the vehicle, tractor, trailer, or semi-
trailer included, transporting the solid fuel are on the scale at one and
the same time, provided, however, that if the tractor is disconnected from
the trailer or semi-trailer at the time of weighing the trailer or semi-
trailer may be weighed without the tractor. No licensed Weighmaster
shall weigh up and sign a delivery ticket for any load of anthracite trans-
ported or being transported into the State of Maryland by motor vehicle
unless and until a duplicate original of the certificate of origin of such
anthracite shall be filed with the Weighmaster as in this sub-title herein-
after provided, and such Weighmaster upon signing such delivery ticket
for any such load of anthracite shall make a notation upon the delivery
ticket of the serial number and date of the certificate of origin covering
said anthracite; provided, however, that for the purpose of permitting
licensed dealers in solid fuel in the District of Columbia to comply with
the provisions of this sub-title, the Bureau of Mines is authorized to issue
Weighmaster licenses to persons employed in the District of Columbia by
a dealer in coal who has obtained a license to do business in the State of
Maryland, and such persons may weigh up and sign a delivery ticket for
any load of solid fuel if such load has been weighed by him on scales
located within the District of Columbia which have been tested, approved
and sealed by the Sealer of Weights and Measures of the District of Co-
lumbia. Application for a Weighmaster license pursuant hereto shall be
made in the manner hereinbefore provided and such license shall be sub-
ject to all of the provisions of this Article and may be revoked as in said
Article provided.

This section is intended to apply solely in favor of solid fuel dealers in
the District of Columbia and shall under no circumstances be held to
enlarge the privileges of solid fuel dealers doing business elsewhere than
in the District of Columbia or of persons employed by them and if this
section or any part thereof is held to create an unlawful 'discrimination
against such solid fuel dealers or the persons employed by them, then and
in that event, this section shall be deemed to be of no effect whatever and
this sub-title shall be deemed to remain in full force and effect as if this
section had never been passed.

The provisions of this section requiring vehicle to have been weighed empty before
issuance of delivery ticket, to the extent applicable to interstate transportation, is un-
reasonable and unnecessary, and, therefore, unlawful restraint upon interstate commerce.
Yarger v. State, 175 Md. 232.

1937, ch. 349, sec. 46FF.

62. No anthracite coal brought into the State of Maryland by motor
vehicle shall be hauled, transported, purchased, sold or delivered in the
State unless such anthracite is at all times accompanied by an original
certificate of origin containing the following information:

(1) The name or names and location of, and the name or names of the
owners or operators of, the breaker, colliery or other place or places of
production where the anthracite to which the certificate refers, has been
produced.

(2) The kind, size and weight of the anthracite.

(3) The name and address of person claiming ownership of said anthra-
cite.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 3580   View pdf image (33K)
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