Standard Computing Scale Co. v. Farrell

Background

The Standard Company, a manufacturer of combination spring-and-lever computing scales, sued after a State Superintendent’s August 1914 bulletin said such scales must have an automatic temperature-compensating device. New York law requires local sealers of weights and measures in counties and cities, and also creates a State Superintendent who keeps state standards and publishes instructional bulletins. Because of the bulletin some local sealers refused to seal the Standard Company’s scales and a state inspector marked some as 'slow and faulty,' harming the company’s sales and collections. The company sued the State Superintendent in federal court claiming the bulletin was an invalid regulation that violated constitutional rights.

Reasoning

The main question was whether the bulletin’s "specifications" were a binding state rule or merely advisory instruction. The Court found they were educational guidance in a bulletin that also contained legal opinions and practical advice, not a legislative regulation imposed on local sealers. The statutes gave the State Superintendent duties to keep standards and supervise generally, but did not make him the superior of local sealers or give him power to force a statewide rule. Because the item was not a law or regulation, the prohibitions of the Federal Constitution against state legislative action did not apply, so the company’s constitutional claims failed.

Real world impact

The decision means officials can publish instructional bulletins and technical recommendations without creating the kind of binding state law that triggers federal constitutional challenges. Businesses damaged by such advisory guidance may have limited remedies under the Federal Constitution unless the State acts through a formal rule or exercise of legislative power. The Court left open the distinct question whether a properly enacted regulation exceeding the Superintendent’s authority would be valid; that issue was not decided here.