Senator PURTELL. Have you in your experience, and you might not have had an opportunity to discuss it with your colleagues in your meeting here, but have you learned that any of the States at any time found a need or a reason for asking for an increase in the number of sizes to include a 3% size? Mr. KERLIN. No. Senator PURTELL. Other than the State of North Carolina? Mr. KERLIN. Not that I know of, sir. Senator PURTELL. It is your opinion, and is it your experience, that the number of sizes available today are sufficient? Mr. KERLIN. Yes, sir; adequate. Senator PURTELL. And there is enough variety in sizes to meet the needs of the shippers? Mr. KERLIN. Yes, sir. Senator PURTELL. Well, now, we will be very happy to hold the record open for a matter of 10 days to receive any information that you or any other interested parties wish to send to us and have included in the record. If you wish to discuss it with the other members of the National Conference on Weights and Measures, either now or when you get home do you think 10 days will be sufficient? Mr. KERLIN. I think that will be sufficient. I will tell everything that came up here this afternoon. I will tell them that, during the morning session tomorrow. We adjourn tomorrow afternoon. Senator PURTELL. I hope that you will tell them that, because of the hearings in the House, we had nobody here who spoke for the bill, because there was no opposition in the House and it was assumed that there would be none here. I think you should consider that. Mr. KERLIN. If they should, and I doubt that they will reverse their position after I tell them of the proceedings here, I will contact Mr. L'Heureux. I assure you that I cannot be back here in 10 days but we will have representation. Senator PURTELL. You will not need it if you communicate with us by letter or by telegram. A letter will be all right. We will hold the record open for 10 days for that purpose. Mr. L'HEUREUX. It would be preferable if they could let us know by the 24th as a deadline, rather than 10 days hence, because we have a full committee meeting on the 26th and that would give the subcommittee a chance to act on the bill and report it to the full committee, whether adversely or favorably. Mr. KERLIN. I will have the information in your hands before that time. Mr. L'HEUREUX. You did come in here, is that right, before the hearing started and you stated that your organization did not know about the proceedings in the House committee or in the House until quite recently; is that correct? Mr. KERLIN. Yes, sir; it was just brought to our attention this morning, as a matter of fact. Mr. L'HEUREUX. On the legal phase of it, there has been a discussion here of whether a State or States might ban this size basket. I have not recently done any research on this particular point but I doubt very much that the States have any say in the matter. Because the Congress is amending the 1928 act and acting in conjunction with the power entrusted to it in the Constitution to fix weights and measures, it is my opinion that if the Congress did approve this bill, that a State could not ban from use or shipment in intrastate or interstate commerce a measure or weight that has been approved by Congress. Mr. KERLIN. That is quite possibly right. Senator PURTELL. Thank you very much for coming down. It shows your interest in looking after those things that affect the people. Are there any other witnesses who wish to appear? I want to thank you for coming here and we appreciate your comments. We will hold the record open until the 24th for the inclusion of any additional information you may want to give. The subcommittee will stand adjourned. (Whereupon, at 3: 12 p. m., the subcommittee adjourned, and the record will be held open until May 24, 1954.) AMENDING THE STANDARD CONTAINER ACT (%-Bushel Basket Bill) TUESDAY, JUNE 8, 1954 UNITED STATES SENATE, SUBCOMMITTEE No. 6 ON BUSINESS AND The subcommittee met at 3 p. m., pursuant to call, in room P-63 of the Capitol, Senator William A. Purtell (chairman of the subcommittee) presiding. Present: Senator Purtell (chairman of the subcommittee). Senator PURTELL (chairman of the subcommittee). The hearing of the subcommittee will come to order. I see that we have Senator Lennon with us, and I wondered if Senator Lennon wished to appear. If you wish to appear, Senator, we would be very happy to have you. Senator LENNON. Hear Congressman Barden first, Senator. Senator PURTELL. I didn't know whether you were tied up on the floor. Senator LENNON. No. I think you should hear Congressman Barden first. Senator PURTELL. All right. Our first witness will be Congressman Graham H. Barden of North Carolina. We are happy to have you, Congressman. I might say we did hold a hearing before on H. R. 8357 and a companion bill, S. 3161, on May 20, 1954. At that time Mr. W. A. Kerlin, representing the resolutions committee of the National Conference on Weights and Measures, opposed this legislation upon the ground that a three-eighths bushel basket might lead to deception. On the following day the National Conference on Weights and Measures approved the resolution opposing this bill. I might say at that time they were in session here in Washington. Without objection, I shall insert in the record at this point 3 letters 1 of June 7, and 1 of May 24 and the other May 25, from Mr. John P. McBride, director of standards of Boston, Mass., and 2 statements submitted by him on behalf of the National Conference on Weights and Measures in opposition to H. R. 8357, and a copy of the resolution from Mr. W. S. Bussey, secretary of the national conference. 17 (The communications referred to are as follows:) In re H. R. 8357 (S. 3151) JUNE 7, 1954. Chairman of the Subcommittee on Business and Consumer Interests, Foreign and Interstate Commerce, Committee of the United States Senate, Senate Office Building, Washington, D. C. DEAR SENATOR PURTELL: I have just received a letter from W. A. Kerlin of California, who is chairman of the resolutions committee of the National Weights and Measures Conference, and who has had contact with your committee in relation to the above-captioned legislation. In his letter he advises that a hearing on the above bill is to be held on June 8, 1954, at 2 p. m., and suggested my attendance at this hearing in behalf of the national conference. The National Conference on Weights and Measures on May 21 adopted a resolution opposing this bill and also the following resolution: "Whereas with respect to the resolution adopted by the 39th National Conference on Weights and Measures regarding H. R. 8357, it appears probable that a committee of the Senate of the United States may desire oral testimony from a member of this conference relative to the said resolution; Therefore be it "Resolved, That this 39th National Conference on Weights and Measures does appoint as its representative for this purpose Mr. John P. McBride, director of standards of the Commonwealth of Massachusetts." I doubt very much that I will be able to make this hearing. I am enclosing herewith a statement of the position of the National Conference on Weights and Measures, copy of which previously was sent to the members of the Senate Committee on Interstate and Foreign Commerce on May 24 which embraces the thinking of the weights and measures officials as discussed at their annual conference on the weekend of May 17 when this matter was first called to their attention. The further point that might be touched on is the fact that the Department of Agriculture has the approval authority in relation to shape and dimensions of these containers, but there is no requirement that the containers shall be marked with a statement of their capacity-this feature being optional. This lack of capacity marking tends to further confuse the problem insofar as the consumer is concerned. Very truly yours, JOHN P. MCBRIDE, Director. THE COMMONWEALTH OF MASSACHUSETTS, Hon. JOHN W. BRICKER, Chairman on Interstate and Foreign Commerce, United States Senate, Washington, D. C. DEAR SENATOR BRICKER: I am enclosing herewith a statement of the position of the National Conference on Weights and Measures in relation to H. R. 8357 (S. 3151), an act to amend the Standard Container Act of May 21, 1928, to provide for a -bushel basket for fruits and vegetables. The reason that I am doing this is that this conference has recorded itself as opposed to the passage of this bill and by resolution at its annual meeting on May 21 directed that I should act as representative of the conference for the purpose of presenting any testimony that your committee might desire in relation to this matter. It is my thought that by submitting this statement, this will serve the purposes of your committee without necessity of personal appearance, unless your committee so requires. Very truly yours, JOHN P. MCBRIDE, |