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Rules.

Established by the Board of Railroad and Warehouse Commissioners for the Government of the Inspection Department, as also the Rules relating to the Graduation of Grain.

OFFICES OF CHIEF INSPECTOR AND REGISTRAR.

[Adopted May 8, 1873.]

1. The office of Chief Inspector of Grain and the Warehouse Registrar for the city of Chicago, shall be kept open for business from 7 A. M. till 6 P. M., from the 15th of April to the 15th of November, and from 9 A. M. until 5 P. M. during the balance of the year.

2. The said Chief Inspector shall keep a set of books in which shall be entered an accurate account of all grain inspected, showing the quantity and quality of each variety, the amount of inspection fees chargeable thereon, by whom payable, and the amount collected, which books shall be open at all times to the inspection of the commissioners. He shall also keep books of record of the inspection, and shall furnish the Warehouse Registrar with such information as may be necessary to enable that officer to keep a record of all grain inspected "in" and "out" in all warehouses of class "A."

3. The said Chief Inspector shall have a general supervision of all assistant inspectors and employees in his department and enforce all laws, rules and regulations pertaining thereto, and shall report promptly if, in his opinion, the services of any employee can be properly dispensed with. In case of emergencies the said Chief Inspector shall have power to employ temporarily, in accordance with law, such additional help as the exigencies of the service may demand, certifying that such additional help was necessary, and reporting the same monthly to the commissioners. And it shall be the duty of the said Chief Inspector, when, in his judgment, the interests of the service demand immediate action, to relieve from duty any of the employees of his department for any gross violation of duty, and at once communicate the same to the board, with such facts pertaining to such suspension as may be at his command.

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4. The said Chief Inspector is hereby authorized and directed to collect such charges for inspection of grain as may be established from time to time by the Railroad and Warehouse Commission and all other moneys that may become due on account of inspection service in the city of Chicago, and to deposit daily the sums so collected to the credit of the said commissioners in some bank of deposit to be by them designated to him for that purpose. He shall also daily report to said commissioners the amount so collected, which report shall be accompanied with a certificate of deposit duly certified by the proper officer of such bank. The said Chief Inspector shall also deliver to his successor in office all moneys, books, papers and other property remaining in his hands, or subject to his control, at the expiration of his term of office or upon his removal from or discontinuance in office as such Chief Inspector. [This rule is as amended May 7, 1875.

5. The said Chief Inspector is hereby authorized to collect until further notice, on all grain inspected under his direction, as follows: For "in" inspection, twenty-five cents per car load; forty cents per thousand bushels from canal boats; one-quarter of one cent per bushel from bags. For "out" inspection, thirty cents per carload to cars; forty cents per thousand bushels to vessels; thirty cents per car load to teams; ten cents per wagon load to teams. [This rule is as amended June 15, 1875.

6. The said Chief Inspector, and all persons inspecting grain under his direction, shall in no case make the grade of grain above that of the poorest quality found in any lot of grain, when it evidently has been mixed or doctored for the purposes of deception.

7. All persons employed in the inspection of grain shall report all attempts to defraud the system of grain inspection as established by law. They shall also report to the said Chief Inspector, in writing, all instances where warehousemen deliver, or attempt to deliver, grain of a lower grade than that called for by the warehouse receipt. They shall also report all attempts of receivers or shippers of grain to instruct or in any way influence the action or opinion of the inspector, and the Chief Inspector shall report all such cases to the commissioners.

8. The said Chief Inspector is authorized to make such arrangements for the collection of inspection fees as he may deem proper, reporting the same to the commissioners for their approval, and enforcing all such provisions in the premises as the commissioners may enact.

9. All assistant inspectors when on duty shall wear a badge furnished by the chief inspector, and plainly designating the position of each in the department.

10. The grading and inspection of grain shall be strictly in accordance with the provisions of "An act to regulate public warehouses and the warehousing and inspection of grain, and to give effect to article 8 of the constitution of this state," approved 25th April, 1871, in force July 1,1871.

11. It shall be the duty of the warehouse registrar to keep a "registration book" for each elevator of class "A" doing business in Chicago,

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in which shall be entered a correct description of each warehouse receipt for grain that may be registered. When such receipts are offered for registration, if the said Registrar shall be satisfied of the correctness of the same, he shall stamp them with a proper stamp for that purpose, containing in legible letters the date of such presentation and the name of the Registrar, with the title of his office, "Warehouse Registrar, Chicago." Before entering such description of receipts on his books, he shall carefully compare the same with the returns which shall have been made by the inspectors at the respective elevators, and, if any difference shall exist, shall institute a thorough examination into the reasons therefor, and shall have such error corrected. But if it shall appear that any fraud in the issuance of the receipts shall have been attempted by such warehousemen, the said Registrar shall at once report the same to the com missioners.

12. The said Registrar shall carefully preserve all reports of receipts and shipments made to his office by the elevators of class "A," in pursuance of law, or such regulations as may be established, and shall keep an accurate account of the grain so reported, in proper books, with each warehouse firm of class "A," and when such reported shipments shall compare with the receipts cancelled for such shipments, he shall mark "cancelled," with the date thereof, on his registration book, opposite the recorded description of such receipt.

13. The said Registrar shall have general supervision over his assistants, and such employees as the commissioners may appoint, and shall direct all such employees in the discharge of their duties. In case of emergencies he shall have power to employ, temporarily, such additional assistants as the exigencies of the service may demand, reporting the same, monthly, to the commissioners, and certifying such additional assistants were necessary. He shall, also, report to the commissioners, monthly, if in his opinion the persons so employed can be properly dispensed with.

14. The said Registrar shall procure from the clerk of the circuit court of Cook county, and keep in his office, a complete list of all warehouse licenses granted by the said circuit court of Cook county.

15. The said Chief Inspector shall, previous to the first Tuesday of each month, transmit to the" office of the commission a statement (in duplicate) of (1), the amount of cash receipts from any and all sources during the previous month; (2), the amount of uncollected bills due the department, and a list of the names of persons from whom due, with the respective amounts due from each; (3), the expenses of the department, for the previous month, the statement to be accompanied by the bills of said expenses, and the pay rolls giving the names and duties of all employees in the office of the Chief Inspector and Registrar, and the amount due to each, said bills and pay rolls being certified as correct by the Chief Inspector and Warehouse Registrar as the case may be. Upon the approval of the said bills and pay rolls by the commissioners, and the return of the same to the Chief Inspector with a check for the aggregate amount of said bills and pay rolls drawn upon the bank in which the money of the department is deposited, the Chief Inspector shall forthwith pay the said bills and pay rolls, and as soon as practicable return to the commissioners

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the said bills and pay rolls duly receipted. [This rule is as amended Dec. 21, 1877.

16. All persons appointed by the commissioners to fill the various positions under the law, will hold their several positions for such time only as in the judgment of the commissioners the interest of the service in which they are employed demands. And the compensation of such persons, so appointed, shall cease at the time their services are dispensed with.

17. All rules and regulations for the government of the inspection and registration departments, of Chicago, which are inconsistent with the rules and regulations herein contained, are hereby repealed.

18. The Chief Inspector shall employ, from time to time, as the necessities of the service may require, one or more receiving clerks, whose duty it shall be to keep, in a book provided for the purpose, a record of all grain received into any warehouse of class "A," as shown by the Inspector's certificate, and ascertained by actual inspection that such grain is delivered to the house to which it is consigned, and that he make a daily report thereof to the Warehouse Registrar, and that the compensation of such clerk shall not exceed fifty dollars per month. [This rule was adopted February 4, 1874.

Supplemental Rules.

A. The Chief Inspector of Grain in the city of Chicago, or the person acting as Chief Inspector pro tem., shall deposit, and it is hereby made his duty to deposit all moneys collected by him as fees for the inspection of grain, in a bank to be designated by the commission, to the credit of the Railroad and Warehouse Commissioners of Illinois, and immediately forward by mail to the commission at its office a duplicate of the deposit ticket, certified to by the teller of the bank.

B. Money deposited under rule "A" shall be drawn out by checks made to the order of the Chief Inspector of Grain in Chicago, or the person acting as Chief Inspector pro tem., which checks shall be made only by order of the Railroad and Warehouse Commission, regularly convened, and shall each be signed, officially, by the chairman and secretary of the commission.

Resolved, Until otherwise ordered, the Chief Inspector of Grain in Chicago, or the person acting as Chief Inspector pro tem., shall deposit all moneys collected by him as fees for the inspection of grain, in the Illinois Trust and Savings Bank.

RULES FOR THE GOVERNMENT OF THE COMMITTEE OF APPEALS,

1. Any person or persons, owner or owners, consignees, warehouse managers, or shippers taking an appeal from the decision of any grain inspector, as provided by law, shall make his said appeal or complaint in writing, clearly setting forth the kind, quality and locality of the grain in question, the name of the inspector from whose decision he or they take appeal, and the ground upon which said appeal is based,

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and shall file the said complaint or appeal with the Warehouse Registrar, which complaint or appeal must be filed as aforesaid within twenty-four hours after exceptions are taken to the grade made by the inspector whose decision is considered unjust or incorrect; or such neglect to file as aforesaid, or if the grain in dispute shall have passed from the warehouse after inspection or into a warehouse, the right of appeal shall be deemed waived and shall no longer exist.

2. It shall be the duty of the Warehouse Registrar immediately upon receiving an appeal, as aforesaid, to notify the committee of appeals and the Chief Inspector of the party filing the appeal.

3. It shall be the duty of the committee of appeals, on the receipt of any notice, as aforesaid, to proceed immediately to carefully examine the grain in question, and shall give their decision as to the quality or grade of the grain in dispute in accordance with the legal standard under the laws of this state, said decision to be final, and the said Chief Inspector of Grain shall issue a certificate of the grade of the grain in question, and in accordance with the decision of the committee of appeals.

4. In every case of appeal from the decision of the inspection department, if the appeal be on a car load, the appellant shall, at the time of taking his appeal, deposit with the Warehouse Registrar the sum of three dollars, and if on a boat load, the sum of nine dollars, which sum shall be paid to the committee of appeals if the appeal is not sustained. If the appeal be sustained, the Warehouse Registrar shall return to the appellant the amount deposited, and the fee of the committee of appeals shall be paid by the Chief Inspector from the funds of the inspection department. It is further provided that the fee of the committee of appeals shall be three dollars, each, in every case, whether the appeal be on a boat load or a car load, and that the Chief Inspector shall pay to the said committee of appeals, from the funds, of the inspection department, the difference between the sum required to be deposited by the appellant and that paid to the committee. [This rule is as amended June 19, 1877.]

5. The Warehouse Registrar shall furnish a clerk for the committee of appeals, who shall keep on file in the office of said Registrar a correct record of all the official acts of said committee, and immediately after each decision of the said committee of appeals, the Wharehouse Registrar shall furnish a correct copy of such decision to the Chief Inspector.

RULES ESTABLISHING A PROPER NUMBER AND STANDARD OF GRADES FOR THE INSPECTION OF GRAIN.

Rule I — Winter Wheat.

No. 1 white winter wheat shall be pure white winter wheat, sound, plump and well cleaned.

No. 2 white winter wheat shall be pure white winter wheat, sound and reasonably clean.

No. 1 red winter wheat shall be pare winter wheat, red, or red and white mixed, sound, plump and well cleaned.

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No. 2 red winter wheat shall be pure winter wheat, red, or red and white mixed, sound and reasonably clean.

Amber wheat, Nos. 1 and 2, shall include the lighter colored varieties of red wheat, quality and condition to be equal to the present standard of Nos. 1 and 2 red winter wheat.

No. 3 winter wheat shall include winter wheat not clean and plump enough for No. 2, and weighing not less than 54 pounds to the measured bushel.

Rejected winter wheat shall include winter wheat, damp, musty, or from any cause so badly damaged as to render it unfit for No. 3.

Rule II — Spring Wheat.

No. 1 hard spring wheat shall be sound, plump and well cleaned.

No. 2 hard spring wheat shall be sound, reasonably clean and of good milling quality.

No. 3 spring wheat shall include all inferior, shrunken, or dirty spring wheat, weighing not less than 53 pounds to the measured bushel.

Rejected spring wheat shall include spring wheat damp, musty, grown, badly bleached, or for any other cause which renders it unfit for No. 3.

In case of mixture of spring and winter wheat it will be called spring wheat, and graded according to the quality thereof.

Black Sea and flinty pfife wheat shall in no case be inspected higher than No. 2, and rice wheat no higher than rejected.

Rule III — Corn.

No. 1 yellow corn shall be yellow, sound, dry, plump and well cleaned.

No. 1 white corn shall be white, sound, dry, plump and well cleaned.

No. 1 corn shall be sound, dry, plump and well cleaned, white and yellow unmixed with red.

High mixed corn shall be three-quarters yellow and equal to No. 2 in condition and quality.

No. 2 corn shall be dry, reasonably clean, but not plump enough for No. 1.

No. 2 kiln dried corn shall be sound, plump and well cleaned white or yellow. All kiln dried corn not good enough for No. 2 kiln dried shall be graded as rejected kiln dried corn.

New high mixed corn shall be three-fourths yellow of any age, reasonably dry and reasonably clean, but not sufficiently dry for high mixed or No. 2.

New mixed corn may be less than three-fourths yellow, of any age, and shall be reasonably dry and reasonably clean, but not sufficiently dry for No. 2.

Rejected — All damp, dirty, or otherwise badly damaged corn shall be graded as rejected.

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Rule IV — Oats.

No. 1 oats shall be white, sound, clean and reasonably free from other grain.

No. 2 white oats shall be three-quarters white and equal to No. 2 in all other respects.

No. 2 oats shall be sound, reasonably clean and reasonably free from other grain.

Rejected — All oats, damp, unsound, dirty, or for any other cause unfit for No. 2, shall be graded as rejected.

Rule V — Rye.

No. 1 rye shall be sound, plump and well cleaned.

No. 2 rye shall be sound, reasonably clean and reasonably free from other grain.

Rejected — All rye damp, musty, dirty, or from any cause unfit for No. 2, shall be graded as rejected.

Rule VI — Barley.

No. 1 barley shall be plump, bright, sound, clean and free from other grain.

No. 2 barley shall be sound, bright, not plump enough for No. 1, reasonably clean and reasonably free from other grain.

Extra No. 3 barley shall include slightly shrunken and otherwise slightly damaged barley, not good enough for No. 2.

No. 3 barley shall include shrunken or otherwise damaged barley weighing not less than 41 pounds to the measured bushel.

Feed barley shall include all barley which is damp or from any cause badly damaged or unfit for malting purposes, or which is largely mixed with other grain.

Rule VII.

The word "new" shall be inserted in each certificate of inspection of a newly harvested crop of oats until the 15th day of August; of rye until the 1st day of September; of wheat until the 1st day of November; and of barley until the 1st day of May of each year. This change shall be construed as establishing a new grade for the time specified, to conform in every particular to the existing grades of grain, excepting the distinctions of "new" and "old."

Rule VIII.

All grain that is warm or that is in a heating condition, or is otherwise unfit for warehousing shall not be graded.

Rule IX.

All inspectors shall make their reasons for grading grain, when necessary, fully known by notations on their books. The weight alone shall not determine the grade.

Rule X.

Each inspector is required to ascertain the weight per measured bushel of each lot of wheat inspected by him and note the same in his book.