LIBRARY OF THE UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN 6 30 U to 3 € Vi V). s. no. 61-6 6 cof. 3 NATURAL HISTORY SURVEY Digitized by the Internet Archive in 2015 https://archive.org/details/lawsinforceagain6166burg 1//S/TFZ? 6"7>1TSJ JJ/ v/ S/O/V o/~ £ VTO/YtOLO&y U. S. DEPARTMENT OF AGRICULTURE, BUREAU OF ENTOMOUHIY. — BULLETIN Hu 61. THE LAWS IN FORCE AGAINST INJURIOUS INSECTS AND FOUL BROOD IN THE UNITED STATES. COMPILED BY Ij. O. HOWARD, Ph. ID., Entomologist and Chief of Bureau, AND A. F. BUROESS, Secretary of the American Association of Horticultural Inspectors. GOVERNMENT PRINTING OFFICE. 1906. Issued Novembeb 5, 1906. WASHINGTON: BUREAU OF ENTOMOLOGY. L. O. Howard, Entomologist and Chief of Bureau. C. L. Marlatt, Entomologist and Acting Chief in absence of Chief. R. S. Clifton, Chief Clerk. F. H. Chittenden, in charge of breeding experiments. A. D. Hopkins, in charge of forest insect investigations. W. D. Hunter, in charge of cotton boll weevil investigations. F. M. Webster, in charge of cereal and forage-plant insect investigations. A. L. Quaintance, in charge of deciduous-fruit insect investigations. Frank Benton, in charge of apicultural investigations. D. M. Rogers, in charge of gipsy and brown-tail moth work. A. W. Morrill, engaged in white fly investigations. E. A. Schwarz, D. W. Coquillett, Th. Pergande, Nathan Banks, Assistant Entomologists. E. S. G. Titus, August Busck, Otto Heidemann, R. P. Currie, J. G. Sanders, A. N. Caudell, F. D. Couden, E. R. Sasscer, J. H. Beattie, I. J. Condit, Assistants. Lillian L. Howenstein, Frederick Ivnab, Artists. Mabel Colcord, Librarian. H. E. Burke, W. F. Fiske, J. L. Webb, J. F. Strauss, engaged in forest insect investigations. W. E. Hinds, J. C. Crawford, W. A. Hooker, W. W. Yothers, A. C. Morgan, W. D. Pierce, F. C. Bishopp* C. R. Jones, F. C. Pratt, C. E. Sanborn. J. D. Mitchell, Wilmon Newell, J B. Garrett, C. W. Flynn, A. W. Buckner, R. A. Cushman, W. H. Gilson, engaged in cotton boll weevil investigations. G. I. Reeves, W. J. Phillips, C. N. Ainslie, engaged in cereal and forage-plant insect investigations. Fred Johnson, A. A. Girault, Dudley Moulton, engaged in deciduous-fruit insect investigations. E. F. Phillips, J. M. Rankin, engaged in apicultural investigations. C. J. Gilliss, T. A. Keleher, W. A. Keleher, engaged in silk investigations. U. S. DEPARTMENT OF AGRICULTURE, BUREAU OF ENTOMOLOGY— BULLETIN No. 61. THE LAWS IN FORCE AGAINST INJURIOUS INSECTS AND FOUL BROOD IN THE UNITED STATES. COMPILED BY L. O. HOAVARD, Ph. 33., Entomologist and Chief of Bureau , AND A. F. BURG-ESS, Secretary of the American Association of Horticultural Inspectors. Issued November 5 , 1906 . WASHINGTON: GOVERNMENT PRINTING OFFICE. 1906. LETTER OF TRANSMITTAL. U. S. Department of Agriculture, Bureau of Entomology, Washington, D. C., August SO, 1906 . Sir: I have the honor to submit for publication a compilation of the laws and regulations now in force against injurious insects in the different States and Territories of the Union, for the information of persons engaged in the trade of living plants, and of horticultural and agricultural associations. To the compilation p roper is added a brief account of the preliminary and annual meetings of the Ameri- can Association of Horticultural Inspectors from 1897 to 1905. I recommend that it be published as Bulletin No. 61 of the Bureau of Entomology. Respectfully, L. O. Howard, Entomologist and Chief of Bureau. Hon. James Wilson, Secretary of Agriculture. 8 1 i 97850 PREFACE. In 1895 a bulletin of this same general character was published under the title of Bulletin No. 33 of the Division of Entomology. At that time the recently discovered occurrence of the San Jose scale in the East had already induced vigorous discussion at agricultural and norticultural societies and conventions on the desirability of State legislation in this direction. The bulletin in question was of service as indicating the desirable provisions of such laws and their proper form. In 1898 another bulletin covering the same ground was pub- lished under the serial number 13, new series, of the Division of Entomology. The publication of this new bulletin was necessitated by the enactment of new laws and the very active interest in the sub- ject on the part of several States. Since 1898 other States have en- acted laws, and the laws already in existence have been amended. The Chief of the Bureau had in mind the publication of still another bulletin bringing the subject down to date, and had begun its prepa- ration. At a meeting of the American Association of Horticultural Inspectors, held in Washington, D. C., in November, 1905, a resolu- tion was adopted asking the Department of Agriculture to prepare the compilation here submitted. The delay in the collection and arrangement of the laws has been necessitated by the lengthy corre- spondence involved, but to avoid the consequences of delay, on July 5 a brief summary was prepared by Mr. A. F. Burgess, secretary of the American Association of Horticultural Inspectors, and published under his authorship as Circular No. 75 of the Bureau of Entomology. In preparing the following compilation the writer has been greatly assisted by Mr. W. F. Tastet, of the Bureau force. L. O. H. 5 CONTENTS. State and Territorial Laws Against Injurious Insects: Alabama Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Porto Rico Rhode Island South Carolina South Dakota Tennessee Paeje. 9 12 13 13 26 31 31 39 43 47 49 51 53 53 55 60 62 66 71 76 79 80 83 90 90 92 93 98 101 103 109 110 114 119 126 128 130 131 134 136 7 8 CONTENTS. State and Territorial Laws Against Injurious Insects — C ontinued. Page. Texas 141 Utah 147 Vermont 153 Virginia 153 Washington 161 West Virginia 168 Wisconsin 171 Wyoming 173 Summary of Requirements to be Complied with by Nurserymen or Others Who Make Interstate Shipments of Nursery Stock 179 State and Territorial Laws Relative to Foul Brood : California 184 Colorado 186 Idaho 188 Michigan 190 Nebraska 191 New Mexico 192 New York 193 Ohio 194 Texas 197 Utah 198 Washington 198 Wisconsin 200 Reports of the Preliminary and Annual Meetings of the American Association of Horticultural Inspectors, 1897-1905 : Preliminary meetings in Chicago 201 First annual meeting 206 Second annual meeting 209 Third annual meeting 214 Fourth annual meeting 216 Index 221 THE LAWS IN FORCE AGAINST INJURIOUS INSECTS AND FOUL BROOD IN THE UNITED STATES. STATE AND TERRITORIAL LAWS AGAINST INJURIOUS INSECTS. ALABAMA. No. 559. An Act to prevent and prohibit the importation of seed from cotton affected with Texas boll weevil. Section 1. Be it enacted by the legislature of Alabama, That no person shall import or bring into the State of Alabama any seed from cotton affected with what is known as the Texas boll weevil, nor the seed from any place where the cotton has been affected with said boll weevil. Sec. 2. Any person who violates the provisions of section 1 of this act shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00). Approved Oct. 6, 1903. No. 121. Code of 1903. An Act to further protect horticulture, fruit growing, and truck gardening, and to exclude crop pests of all kinds in the State of Alabama. Section 1. Be it enacted by the legislature of Alabama, That from and after the passage of this act the commissioner of agriculture and industries of the State of Alabama, the president of the Alabama State Horticultural Society, and the director of the experiment station of the Alabama Polytechnic Institute shall, ex officio, constitute a board to be known as the State board of horticul- ture, of which the commissioner of agriculture and industries shall be chairman, which board shall have full power to enact such rules and regulations governing the examination, certification, sale, transportation, and introduction of trees, shrubs, cuttings, buds, vines, bulbs, and roots as they may deem necessary to prevent the further introduction, increase, and dissemination of insect pests and plant diseases. Sec. 2. That the professor of horticulture of the Alabama Polytechnic Insti- tute shall act as State horticulturist and as secretary of said board of horticul- ture under the provisions of this act, and it shall be the duty of the said board to promulgate rules and regulations in accordance with this act for the govern- ment of the said State horticulturist in the duties devolving upon him in execu- tion of the provisions of this act. Sec. 3. There is hereby annually appropriated the sum of ($1,500) fifteen hun- dred dollars, to be disbursed under the direction of the board of trustees of the Alabama Polytechnic Institute for the purpose of defraying the expense in the execution of this act. Sec. 4. The State horticulturist or a deputy duly authorized by the board of 9 10 LAWS AGAINST INJURIOUS INSECTS. horticulture shall have power under the regulations of the hoard of horticul- ture to visit any section of the State where such pests are supposed to exist, and to determine whether any infested trees or plants are worthy of remedial treatment or shall be destroyed, and he shall immediately report his findings in writing, giving reasons therefor, to the owner of the infested plantation, his agents, or tenant, and a copy of each report shall also be submitted to the said board. In case of objections to the findings of the State horticulturist, or his deputy, an appeal shall be made to the said board, who shall have power to summon witnesses and hear testimony on oath, and whose decision shall be final. An appeal shall be taken within ten days and shall act as a stay of pro- ceedings until it is heard and decided. Sec. 5. Upon the findings of the State horticulturist or his deputy in any case of infested trees or plants, the treatment prescribed by him shall be exe- cuted at once (unless an appeal is taken), under his supervision. The cost of material and labor shall be borne by the owner : Provided, however , That in case the trees or plants shall be condemned they shall be destroyed by the State horticulturist, and the expense of such action shall be borne by the owner. No compensation shall be allowed for any plants that shall be destroyed. Sec. 6. In case any person or persons refuse to execute the direction of the State horticulturist or of the said board upon an appeal, a justice of the peace or probate judge of the county shall, upon complaint filed by the State horticul- turist or any freeholder, cite the person or persons to appear before him within ten days after notice being served, and that the said judge, upon satisfactory evidence, shall cause the prescribed treatment to be executed, and the expense thereof and cost of court shall be collected from the owner or owners of infested plants. Sec. 7. It shall be unlawful to offer for sale, sell, give away, or transport per- ennial plants, scions, buds, trees, shrubs, vines, or other plants, tubers, roots, cuttings, bulbs, known to be infested with dangerously injurious insects or plant diseases. Any person or persons violating this section shall, upon conviction, be fined not less than ten nor more than one hundred dollars for each separate offense. Sec. 8. The said board of horticulture, its agents, or employes, are hereby empowered with authority to enter upon any premises in discharge of the duties herein described. Any person or persons who shall obstruct or hinder them or their agents in the discharge of these duties shall be deemed guilty of a misde- meanor, and, upon conviction therefor, shall be fined not less than ten nor more than one hundred dollars. Sec. 9. The board shall have the power also to adopt rules and regulations, not inconsistent with the laws and constitution of this State and the United States, for preventing the introduction of dangerously injurious crop pests of all kinds from without the State or regarding the dissemination of crop pests within the State, and for the governing of common carriers in transporting plants liable to harbor such pests, to and from and within the State, and such regulations shall have the force of laws. Sec. 10. Be it further enacted , That the members of said board, any two of whom shall constitute a quorum, in the absence of the third, shall, within thirty days of the passage of this act, and from time to time, draw up and promulgate through the press of the State the rules and regulations necessary to carry into full and complete effect the provisions of this act, carefully defining what diseases or maladies, both insect and fungus, shall constitute infectation in trees or plants within the meaning and purview thereof. Sec. 11. It shall be unlawful for any person, firm, or corporation to sell, give away, or ship within the State of Alabama any trees or shrubs or any other ALABAMA. 11 plants commonly known as nursery stock, without having a certificate of guar- antee of the State horticulturist of Alabama. A copy of such certificate of guar- antee must accompany each box or package sold, given away, or shipped. Such certificate must be dated within twelve months. If upon examination such stock is found to conform to the requirements of the said board of horticulture, the State horticulturist must furnish a certificate to that effect. Any person or per- sons selling, giving away, or shipping nursery stock without the certificate of the State horticulturist shall be fined not less than fifty nor more than one hundred dollars. Sec. 12. Each and every person, firm, or corporation residing and doing busi- ness outside of the State of Alabama, dealing in or handling trees, shrubs, or other plants commonly known as nursery stock, shall file a copy of his or its certificate of his or its inspection furnished by the State horticulturist, nursery inspector, or other duly authorized official of his or its State or county with the secretary of the board of horticulture. Upon the filing of this certificate as above prescribed, and upon request of the person, firm, or corporation, a certi- ficate will be issued to the same, and official tags bearing copy of such certificate and seal of the board will be furnished the same at cost : Provided , however, That the aforesaid certificate of inspection shall be adjudged satisfactory by the board. Each box, bundle, or package of nursery stock shipped into Ala- bama by any person, firm, or corporation shall bear one of these tags, and ship- ments of stock not thus tagged shall be liable to confiscation by the board of horticulture through its agents or employes. Sec. 13. No transportation company or common carrier shall deliver any box, bundle, or package of trees, shrubs, or plants commonly known as nursery stock to any consignee residing within the State of Alabama when said box, bundle, or package does not bear the official tag or certificate of guarantee issued by the State horticulturist without previously notifying the State horticulturist of the particulars of the shipment as they may be required by the board, nor without duly warning the consignee of his risk in accepting said shipment. Failure on the part of any transportation company or common carrier to conform to these requirements shall be deemed a misdemeanor, and shall be punishable in each instance by a fine of not less than ten nor more than fifty dollars : Provided, That no common carrier shall be liable for damages to the consignee or con- signor for refusing to receive, transport, or deliver such trees, packages, or boxes, when not accompanied by the tag or certificate herein provided. Sec. 14. Any person, firm, or corporation receiving from any other firm, or corporation, any box, bundle, or package of trees, shrubs, or plants commonly known as nursery stock, which is not accompanied by a certificate of guarantee, or official tag issued by the State horticulturist to cover said stock, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten nor more than one hundred dollars. Sec. 15. It shall be the duty of the State horticulturist to make a quarterly report of his work, and of the expenditures under this act to the board of horticulture, and said board shall report annually to the governor of the State. Approved March 5, 1903. The board of horticulture met at Auburn, March 20, 1903, and in accordance with section 10 of the above act, the following insects and fungous diseases were considered dangerous and to constitute infestation in trees and plants : (1) San Jose scale ( Aspidiotus perniciosus ) . (2) The new peach scale ( Diaspis amygdali). 12 LAWS AGAINST INJURIOUS INSECTS. When found in a nursery all infested stock to be burned. If San Jose scale is found in the immediate neighborhood, all stock must be fumigated or certifi- cate will be withheld. (3) Black knot ( Plowrightia morbosa). (4) Crown gall ( Dendrophagns globosus). When found in a nursery all diseased stock to be destroyed, otherwise stock may be shipped. (5) Peach yellows. (6) Peach and plum rosette. All infested trees and nursery stock to be destroyed. (7) Wooly aphis (Schizoneura ianigera). All badly diseased stock to be destroyed. Other stock to be fumigated or treated with kerosene emulsion. The following rules and regulations were adopted : Rules and Regulations. Rule 1. The State horticulturist is hereby charged with the enforcement of this act, and is directed to locate by personal visits, by correspondence, or in such other manner as he may deem best, to locate the above-named pests, so far as they exist in this State, and to take such action, in accordance with the above act, as he may deem necessary to control or eradicate the same. Rule 2. The State horticulturist shall have power to require all nursery stock sold within the State of Alabama to be treated with hydrocyanic-acid gas, when in his judgment the presence of any pest requires it, for the better pro- tection of the interests of the citizens of the State. Upon the failure of any indi- vidual, firm, or corporation to comply with this, the State horticulturist is hereby authorized to withhold his certificate. Rule 3. All certificates of examination shall expire prior to July 15 of the year after date of issue. Rule 4. All nurseries are to be examined between July 15 and November 15 of each year. Rule 5. Definition of “ nursery stocic” — In addition to fruit trees, the follow- ing, if offered for sale, are classed as nursery stock, and are subject to the regu- lations governing the examination and transportation of the same : Strawberry plants, vines, ornamental trees, and shrubs. Rule G. All appeals from the decisions of the State horticulturist should be addressed to the chairman of the board of horticulture, at the capitol, Montgom- ery, Ala. Rule 7. All communications relative to the examination of orchards and nurseries should be addressed to the State horticulturist, Auburn, Ala. Rule 8. A deputy duly authorized by the board of horticulture shall have the same power and authority as the State horticulturist in carrying out the provi- sions of this act under the direction of the State horticulturist. ARIZONA. “ Entomologically lawless,” on authority of Prof. R. H. Forbes, Tucson, Ariz. CALIFORNIA. 13 ARKANSAS. Be it enacted by the general assembly of the State of Arkansas: Section 1. Whenever any trees, vines, bushes, scions, cuttings, buds, or any nursery stock are shipped into this State from another State, county, or province, every package or quantity thereof shall be plainly labeled on the outside with the name and address of the consignor, the name and address of the consignee, the contents, and a certificate showing that the contents have been inspected by a State or experiment station entomologist of the State from which the shipment was made ; that the trees, vines, bushes, scions, cuttings, buds, or other nursery stock therein contained are free from San Jose scale, peach yellows, rosette, or other dangerously injurious insects, or contagious or infectious fungoid or other diseases, and whenever any trees, vines, bushes, scions, buds, cuttings, or other nursery stock is shipped into the State without such certificate plainly fixed on the outside of the package, box, or car containing the same, the fact must be reported to the consignor by the railway company or express company, or other person or persons, corporations, or companies carrying the same, and said pack- age, box, or car, or quantity thereof shall not be delivered to the consignee until the same shall bear the aforesaid certificate ; and any railroad company, steam- boat company, or express company, person or persons, corporation or company who shall violate or evade the provisions of this section, or offer any hindrance to the carrying out of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars, nor more than five hundred dollars, and such fine shall go into the gen- eral school fund of the State of Arkansas. Sec. 2. That the entomologist of the experiment station of the university at Fayetteville be, and he is- hereby, made the State inspector for the State of Arkansas, and he shall, when requested to do so by owners of nursery stock grown in this State, such as described in section one of this act, visit and inspect said nursery, and if found to be free from all insects, contagious or infectious fungoids or other diseases, he shall issue certificates of inspection in accordance herewith ; said inspector shall receive as fees for said inspection five dollars for each fifty acres or fraction thereof, and all traveling expenses to be paid by those having the stock inspected, it being the intention of this act to provide an inspection of nursery stock grown in the State of Arkansas, so that the same may be inspected so as to enable them to ship to other States, and this act is to conform to other State laws. Sec. 3. This act to take effect from and after its passage ; all laws and parts of laws in conflict herewith are hereby repealed. Approved May 20, 1903. CARIFOROTA. State Commission of Horticulture. An Act to create a State commission of horticulture. [Approved March 25, 1903. Amended March 20, 1905.] The people of the State of California, represented in senate and assembly, do enact as follows: Section 1. The office of State commissioner of horticulture of California is hereby created. It shall be the duty of the governor, within forty days after 14 LAWS AGAINST INJURIOUS INSECTS. the passage of this act, to appoint a citizen and resident of this State to hold said office of State commissioner of horticulture, who must at the date of his , appointment be a skilled horticulturist and entomologist The term of office shall be for four years and until a successor is appointed and qualified. The governor may remove such commissioner from office at any time upon filing with the secretary of state a certificate of removal signed by the governor. In case of a vacancy in said office by death, resignation, removal from office, or other cause, the governor shall fill the vacancy for the unexpired term. The salary of said commissioner shall be two hundred and fifty dollars per month, and he shall be allowed in addition a sum not to exceed five hundred dollars yearly for traveling and incidental expenses necessary in the discharge of his duties herein provided for. Such commissioner may appoint a secretary, who shall be versed in horticulture and entomology, and who shall be an experienced compiler of reports, bulletins, and such publications as may issue from said com- mission from time to time, and who shall perform all such duties as may be required of him by such commissioner. Such secretary of the horticultural commissioner shall receive a salary of twenty-one hundred dollars per annum. In appointing such commissioner and his successor or successors it shall be the duty of the governor to disregard political affiliations and to be guided in his selection entirely by the professional and moral qualifications of the person so selected for the performance of the duties of said office. The office of said commissioner shall be kept open every day except holidays and shall be in charge of the secretary during the absence of such commissioner. The main office of such commissioner shall be at the city of Sacramento. The secretary of state shall furnish and set aside in the capitol a room or rooms suitable for offices for said commissioner, and if the secretary of state shall make and file an affidavit with the said commissioner stating that it is not possible for him, as such secretary of state, to provide and set aside an office for said commissioner in the capitol or in any State building under his control, because there is no such office room or rooms available, then, and after the making and delivery of such affidavit to such commissioner, the said commissioner may rent rooms convenient and suitable for his offices under this act at a rental not to exceed five hundred dollars per year. Said commissioner may also keep and maintain an office in the city and county of San Francisco at a yearly rental not to exceed the sum of five hundred dollars, and may appoint a deputy commissioner, who shall be an expert entomologist and horticulturist, to have charge of said office under said commissioner, and to perform any and all duties which said commissioner may require of him under this act and shall fix the monthly compensation of such deputy at $200 per month. Such deputy shall hold his position during the pleasure of such commissioner and may be removed from his office or position at any time by said commissioner filing with the secretary of state a certificate signed by said commissioner so removing such deputy. Said commissioner may also appoint, by and with the approval of the governor, such temporary deputies from time to time as may be required for quarantine purposes under this act, and such temporary deputies shall receive such com- 1 pensation per diem as may be specified in the writing so approving such ap- 1 pointment. If there be not sufficient furniture and office appliances turned I over to such commissioner by the State board of horticulture heretofore exist- 1 ing to furnish and equip properly the office or offices for such commissioner at I Sacramento and San Francisco aforesaid, the said commissioner may, by and with the approval of the governor, purchase for the use of his said office or offices such furniture and appliances as may be necessary therefor, and from time to time, at an expense not to exceed a sum to be mentioned in such approval, CALIFORNIA. 15 which expense, together with all other expenses authorized by this act, is hereby allowed for the purposes specified. [As amended March 20, 1905.] Sec. 2. Upon taking office under this act such commissioner shall be entitled to receive and have turned over to him as such commissioner all the books, records, and property in the possession, charge, custody, or control of the State board of horticulture heretofore existing, and all such property shall be deliv- ered to such commissioner upon demand. Such commissioner shall be deemed for such purposes the successor of said board. Sec. 3. Such commissioner shall collect books, pamphlets, and periodicals and other documents containing information relating to horticulture, and shall pre- serve the same ; collect statistics and other information showing the actual con- dition and progress of horticulture in this State and elsewhere ; correspond with horticultural societies, colleges, and schools, and with the county boards of hor- ticulture existing or that may exist in this State, and with all other persons necessary to secure the best results to horticulture in this State. He shall require reports from county boards of horticulture in this State, and may print the same or any part thereof as he may select, either in the form of bulletins or in his annual report, or both, as he shall deem proper. He shall issue and cause to be printed and distributed to county boards of horticulture in this State, and to all other persons whom he may deem proper, bulletins or statements containing all the information best adapted to promote the interest and protect the business and development of horticulture in this State. Such commissioner shall be deemed to be the State horticultural quarantine officer mentioned in chapter seventy-six of the laws of eighteen hundred and ninety-nine, for the purpose of that act, and shall be empowered to perform the duties which under that act are to be performed by the State horticultural quarantine officer : Provided, That any inspection therein authorized, when made by such commissioner, must be with the approval of the governor and as provided by this act. Sec. 4. Said commissioner may, by and with the approval of the governor, establish, maintain, and enforce such quarantine regulations as may be deemed necessary to protect the nurseries, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, fruit, vegetables, or other articles of horticulture, against contagion or infection by injurious disease, insects, or pests, by establishing such quarantine at the boundaries of this State or elsewhere within the State, and he may make and enforce, with the approval of the governor, any and all such rules and regulations as may be deemed necessary to prevent any infected stock, tree, shrub, plant, vine, cutting, graft, scion, bud, fruit pit, fruit, vegetable, or other article of horticulture from passing over any quarantine line established and pro- claimed pursuant to this act, and all such articles shall, during the maintenance of such quarantine, be inspected by such commissioner or by a deputy appointed in writing by said commissioner, with the approval of the governor, and he or the deputy so conducting such inspection shall not permit any such article to pass over such a quarantine line during such quarantine, except upon a certifi- cate of inspection signed by such commissioner or in his name by such a deputy who has made such inspection, unless such article has been immediately prior to such passage inspected by an officer or agent of the United States entitled to inspect the same, and such officer or agent has granted permission for such passage. All approvals by the governor given or made pursuant to this act shall be in writing and signed by the governor in duplicate, and one copy thereof shall be filed in the office of the secretary of state, and the other in the office of said commissioner before such approval shall take effect. Sec. 5. Upon information received by such commissioner of the existence of any infectious disease, insect, or pest dangerous to any such article or to the 16 LAWS AGAINST INJURIOUS INSECTS. interest of horticulture within this State, or that there is a probability of the introduction of any such infectious disease, insect, or pest into this State or across the boundaries thereof, he shall proceed to thoroughly investigate the same, and may, by and with the approval of the governor, establish, maintain, and enforce quarantine as hereinbefore provided, with such regulations as may be necessary to circumscribe and exterminate or eradicate such infectious dis- eases, insects, or pests, and prevent the extension thereof, and is hereby author- ized to enter upon any grounds or premises, and inspect any stock, tree, shrub, plant, vine, cutting, graft, scion, bud, fruit pit, fruit, vegetable, or other article of horticulture, or implement thereof, or box or package pertaining thereto or connected therewith, or that has been used in packing, shipping, or handling the same, and to open any such package, and generally to do, with the least in- jury possible under the conditions to property or business, all acts and things necessary to carry out the provisions of this act. Sec. 6. Upon the discovery of any such infectious disease, insects, or pests, such commissioner shall immediately report the same to all county boards of horticulture, together with a statement as to the best-known means or method for circumscribing, exterminating, or eradicating the same, and shall state therein specifically what treatment or method should be applied in each case, asi the matter may require, with a detailed statement or prescription as to the, method of making or procuring, and of applying any preparation or treatment! so recommended therefor, and the times and duration for such treatment, and if chemicals or articles be required other than those usually obtainable at any l town, the place or places where they are most readily to be obtained; and upon the receipt of such statement by any county board of horticulture, or any member! thereof, it shall be the duty of such county board of horticulture to distribute] such statement in printed form to every person owning or having charge or pos-j session of any orchard, nursery stock, tree, shrub, or article of horticulture] within their county where it is supposed by said county board there is any danger to the interests of horticulture, and such a statement must be served with, or be a part of the notice to be given to the owner or owners, or person or persons, in possession of any orchard, nursery, tree, shrub, or article of horti-j culture, referred to, provided for, and required to be served in and by section two of chapter one hundred and eighty-three of the laws of eighteen hundred' and ninety-seven, or any amendments which have been or may be made thereto.] Sec. 7. Whenever it shall become necessary to establish quarantine under this! act, if there be any authorities or officers of the United States having authority] to act in such matter, or any part thereof, the said State commissioner of horti-i culture shall notify such authority or officers of the United States, and coop-J erate as far as possible with such authorities or officers of the United Statesi wheresoever the jurisdiction of the United States extends and is being exercised,] and shall obtain, whenever desirable and possible, the assent of the proper] authority or officers of the United States to the establishment or change of, quarantine lines, so as to most effectively and speedily accomplish the purposes! of this act. The. said commissioner shall at once notify the governor of all : quarantine lines established under or pursuant to this act, and if the governor] approve or shall have approved of the same or any portion thereof, the governor! shall issue his proclamation proclaiming the boundaries of such quarantine, and! the nature thereof, and the orders, rules, or regulations prescribed for t 3 maintenance and enforcement of the same, and shall publish such proclamation in such manner as he may deem expedient to give proper notice thereof. Sec. 8. The said State commissioner shall be ex officio a member of all countyi boards of horticulture existing or that may be created or exist in this State CALIFORNIA. 17 pursuant to law, whenever he is present and acting with said county board within the county, where such county board exists, but when he is not so present in such county, acting with such county board, then the said county board shall have all the power and authority conferred on it by law, and may exercise such power by the action of the members of such county board or a majority thereof. The reports which county boards of horticulture are required by law to make, or which they may desire to make, shall, after the passage of this act, be made to the State commissioner of horticulture. Sec. 9. It shall be the duty of the superintendent of State printing to print and deliver to the State commissioner of horticulture, upon the written request of said commissioner, all such bulletins, orders, rules, regulations, statements, reports, and other printed matter, as the said commissioner may deem neces- sary to have and use for carrying out the purposes of this act, and it shall be the duty of the secretary of state to cause to be prepared and furnished to such State commissioner all stationery, paper, blank forms, envelopes, and writing material needful and convenient for use in the office of such commissioner. Sec. 10. It shall be the duty of said State commissioner to report in the month of January in each even-numbered year to the governor, and in each odd-num- bered year to the legislature of this State, such matters as he may deem ex- pedient or as may be required either by the governor or legislature, and to include a statement of all the persons employed, and of moneys expended under this act, by itemized statement thereof. Sec. 11. Any person willfully refusing to comply with orders lawfully made under and pursuant to this act shall be guilty of a misdemeanor, and upon con- viction shall be fined not to exceed five hundred dollars. Sec. 12. All moneys paid under this act shall be paid by the State treasurer from moneys appropriated for the support of the State commissioner of horti- culture, and expenses other than the salary of the commissioner, the compensa- tion of his clerk and deputy commissioner, as allowed and provided by this act, must be certified by the said commissioner and be approved by the State board of examiners before being audited or paid. Any moneys remaining of any appropriation heretofore made or that may be appropriated for the use or sup- port of the State board of horticulture are hereby appropriated to the support of the State commission of horticulture, and are directed to be applied to the payment of claims and expenses under this act. Sec. 13. The sum of four thousand dollars is hereby appropriated for the use and support and to pay the expenses of the State commission of horticulture, for the fiscal years commencing July first, nineteen hundred and three, and July first, nineteen hundred and four, under this act. Sec. 14. Chapter sixty-three of the laws of eighteen hundred and eighty-three, chapter seven of the laws of eighteen hundred and eighty-five, chapter eighty- six of the laws of eighteen hundred and eighty-nine, and chapter one hundred and ninety-four of the laws of eighteen hundred and ninety-one, are hereby repealed. Sec. 15. This act shall take effect immediately. County Boards of Horticulture. [Following is the State law providing for the appointment of county boards of horticulture, prescribing their duties and defining their powers, as amended by the last legislature and approved March 20, 1905 :] 7418— No. 61 m 2 18 LAWS AGAINST INJURIOUS INSECTS. Section 1. Whenever a petition is presented to the board of supervisors of any rj county, and signed by twenty-five or more persons, each of whom is a resident , freeholder and possessor of an orchard, stating that certain or all orchards, or nurseries, or trees or plants of any variety are infested with any serious infec-d tious diseases, or scale insects of any kind, injurious to fruit, fruit trees, vines, i or other plants or vegetables, or that there is growing therein the Russian this- 1| tie or salt wort ( Salsoli kali, variety tragus), or other noxious weeds, codlinl moth, or other insects that are destructive to trees, and praying that a commis-fl sion appointed by them, whose duty it shall be to supervise the destruction of said scale insects, diseases or Russian thistle or salt wort, or other noxious weeds as herein provided, the board of supervisors shall, wuthin twenty days;; thereafter, appoint a board of horticultural commissioners, consisting of three members, who shall be qualified for the duties of horticultural commissioner. K Upon the petition of twenty-five resident freeholders and possessors of an orchard, the board of supervisors may remove any of said commissioners fori cause, after a hearing of the petition. Sec. 2. It shall be the duty of the county board of horticultural commis sioners in each county, whenever it shall deem it necessary, to cause an inspec- tion to be made of any premises, orchards, or nursery, or trees, plants, vegeta- bles, vines, or fruits, or any fruit-packing house, storeroom, salesroom, or any other place or articles in their jurisdiction, and if found infested with infectious diseases, scale insects, or codlin moth, or other pests injurious to fruit, plants, vegetables, trees, or vines, or with their eggs or larvae, or if there is found growing thereon the Russian thistle or salt wort, or other noxious weeds, they shall notify the owner or owners, or person or persons in charge, or in possession of the said places or orchards, or nurseries, or trees, or plants, vegetables, vines, ’ or fruit, or article as aforesaid that the same are infested with said diseases, insects, or other pests, or any of them, or their eggs or larvae, or that the Rus- sian thistle or salt wort or other noxious weeds is growing thereon, and they shall require such person or persons to eradicate or destroy the said insects, or other pests, or their eggs or larvae, or Russian thistle or salt wort, or other nox- ious weeds within a certain time to be specified. Said notices may be served upon the person or persons, or either of them owning or having charge, or having possession of such infested place, or orchard, or nursery, or trees, plants, vegeta- bles, vines, or fruit, or articles, as aforesaid, or premises where the Russian this- tle or salt wort or other noxious weeds shall be growing, by any commissioner, or by any person deputed by the said commissioners for that purpose, or they may be served in the same manner as a summons in a civil action. Any and all such places, or orchards, or nurseries, or trees, plants, shrubs, vegetables, vines, fruit, or articles thus infested, or premises where the Russian thistle or salt wort or other noxious weeds shall be growing, are hereby adjudged and de- clared to be a public nuisance ; and whenever any such nuisance shall exist at any place within their jurisdiction, or on the property of any nonresident, or on any property the owner or owners of which can not be found by the county board of horticultural commissioners, after diligent search, within the county, or on the property of any owner or owners upon which notice aforesaid has been served, and who shall refuse or neglect to abate the same within the time speci- fied, it shall be the duty of the county board of horticultural commissioners to cause said nuisance to be at once abated, by eradicating or destroying said dis- eases, insects, or other pests, or their eggs or larvae, or Russian thistle or salt wort or other noxious weeds. The expense thereof shall be a county charge, and the board of supervisors shall allow and pay the same out of the general CALIFORNIA. 19 fund of the county. Any and all sum or sums so paid shall be and become a lien on the property and premises from which said nuisance has been removed or abated, in pursuance of this act, and may be recovered by an action against such property and premises. A notice of such lien shall be filed and recorded in the office of the county recorder of the county in which the said property and premises are situated, within thirty days after the right to the said lien has accrued. An action to foreclose such lien shall be commenced within ninety days after the filing and recording of said notice of lien, which action shall be brought in the proper court by the district attorney of the county in the name and for the benefit of the county making such payment or payments, and when the property is sold enough of the proceeds shall be paid into the county treas- ury of such county to satisfy the lien and costs ; and the overplus, if any there be, shall be paid to the owner of the property if he be known, and if not, into the court for his use when ascertained. The county board of horticultural com- missioners is hereby vested with the power to cause any and all such nuisances to be at once abated in a summary manner. Sec. 3. Said county boards of horticultural commissioners shall have power to divide the county into districts, and to appoint a local inspector to hold office at the pleasure of the commissioners, for each of said districts. The State board of horticulture may issue commissions as quarantine guardians to the members of said county board of horticultural commissioners and to the local inspectors thereof. The said quarantine guardians, local inspectors, or members of said county boards of horticultural commissioners, shall have full authority to enter into any orchard, nursery, place or places where trees or plants are kept and offered for sale or otherwise, or any house, storeroom, salesroom, depot, or any other such place in their jurisdiction, to inspect the same, or any part thereof. Sec. 4. It shall be the duty of said county board of horticultural commission- ers to keep a record of their official doings, and to make a report to the State board of horticulture, on or before the first day of October of each year, of the condition of the fruit interests in their several districts, what is being done to eradicate insect pests, also as to disinfecting, and as to quarantine against insect pests and diseases, and as to carrying out all laws relative to the greatest good of the fruit interest. Said board may publish said reports in bulletin form, or may incorporate so much of the same in their annual reports as may be of general interest. Sec. 5. The salary of all inspectors working under the county board of horti- cultural commissioners shall be two dollars and fifty cents ($2.50) per day. In the case of the commissioners themselves, their compensation shall be four dol- lars per day, when actually engaged in the performance of their duties, and itemized necessary traveling expenses incurred in the discharge of their regular duties as prescribed in this act. Sec. 6. It shall be the duty of the county board of horticultural commissioners to keep a record of their official doings and make a monthly report to the board of supervisors ; and the board of supervisors may withhold warrants for sala- ries of said members and inspectors thereof until such time as said report is made. Sec. 7. An act entitled “An act to protect and promote the horticultural inter- ests of the State,” approved March fourteenth, eighteen hundred and eighty-one, and certain acts amendatory thereof, approved March nineteenth, eighteen hun- dred and eighty-nine, and March thirty-first, eighteen hundred and ninety-one, are hereby repealed. Sec. 8. This act shall take effect and be in force from and after its passage. 20 LAWS AGAINST INJUKIOUS INSECTS. Horticultural Quarantine Law. An Act for the protection of horticulture, and to prevent the introduction into thisl State of insects, or diseases, or animals, injurious to fruit or fruit trees, vines, bushes, | or vegetables, and to provide for a quarantine for the enforcement of this act. [Became a law, under constitutional provision, without governor’s approval, March 1 1, j 1899.] The people of the State of California, represented in senate and assembly, do\ enact as follows: Section 1. Any person, persons, or corporation who shall receive, bring, or 1 cause to be brought into this State any nursery stock, trees, shrubs, plants, vines,! cuttings, grafts, scions, buds, or fruit-pits, or fruit or vegetables, shall, within i twenty-four hours after the arrival thereof, notify the State horticultural quar-j antine officer, or the quarantine guardian of the district or county in which such nursery stock, or fruit or vegetables are received, of their arrival, and hold the ! same without unnecessarily moving the same or placing such articles where they i may be harmful, for the immediate inspection of such State horticultural quar - \ antine officer or guardian. If there is no quarantine guardian or State horti- i cultural quarantine officer in the county where such nursery stock, or fruit, or vegetables are received, it shall then be the duty of such person, persons, or corporation to notify the State board of horticulture, who shall make imme- diate arrangements for their inspection. The State horticultural quarantine . officer, the quarantine guardian, or such person or persons as shall be commis- sioned by the State board of horticulture to make such inspection or to repre- i sent said board, are hereby authorized and empowered to enter into any ware- house, depot, or upon any dock, wharf, mole, or any other place where such nursery stock, or fruit, or vegetables, or other described articles are received, for the purpose of making the investigation or examination herein provided for. Sec. 2. Each carload, case, box, package, crate, bale, or bundle of trees, shrubs, plants, vines, cuttings, grafts, scions, buds, or fruit-pits, or fruit or vegetables, im- i ported or brought into this State, shall have plainly and legibly marked thereon in a conspicuous manner and place the name and address of the shipper, owner, : or person forwarding or shipping the same, and also the name of the person, firm, or corporation to whom the same is forwarded or shipped, or his or its responsible agent, also the name of the country, State, or Territory where the contents were grown. Sec. 3. When any shipment of trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit-pits, or fruit or vegetables, imported or brought into this State, is found infested with injurious insects, or their eggs, larvae, or pupae, or reasonable cause to presume that they may be so infested, or infected with tree, plant, or fruit disease or diseases, the entire shipment shall be disinfected at the expense of the owner, owners, or agent. After such disinfection, it shall be detained in quarantine the necessary time to determine the result of such disinfection. If the disinfection has been so performed as to destroy all insects, or their eggs, and so as to eradicate all disease and prevent contagion, and in a manner satisfactory to the State horticultural quarantine officer, the quaran- tine guardian of the district, or the person commissioned by said board, the trees, vines, vegetables, seeds, or other articles shall then be released. [Amended February 19, 1903.] Sec. 4. When any shipment of trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit-pits, or fruit or vegetables, imported or brought into this State, is found infested with any species of injurious insects, or their eggs, larvae, or pupae, not existing in the orchards, vineyards, gardens, or farms of CALIFORNIA. 21 California, such infested shipments shall be immediately sent out of the State, or destroyed, at the option of the owner, owners, or agent, and at his or their expense. Sec. 5. No person, persons, or corporation, shall bring or cause to be brought into the State any peach, nectarine, or apricot trees, or cuttings, grafts, scions, buds, or pits of such trees, or any trees budded or grafted upon peach stock or root that has been in a district where the disease known as “ peach yellows ” or the contagious disease known as contagious “ peach rosette ” are known to exist, and any such attempting to land or enter shall be refused entry and shall be destroyed or returned to the point of shipment, at the option of the owner, owners, or agent, and at his or other [their] expense. Sec. 6. No person, persons, or corporations shall bring, or cause to be brought into this State any injurious animals known as English or Australian wild rabbit, flying fox, mongoose, or any animal or other animal or animals detri- mental to horticultural and agricultural interests. Sec. 7. Any person, persons, or corporation violating any of the provisions of this act is guilty of a misdemeanor. Sec. 8. This act shall take effect and be in force from and after its passage. Paris Green. An Act to prevent fraud in the sale of Paris green used as an insecticide. [Became a law under constitutional provision, without governor’s approval, February 28, 1901.] The people of the State of California, represented in senate and assembly, do enact as folloivs: Section 1. It shall be the duty of each and every manufacturer of Paris green (commercial aceto-arsenite of copper) to be used as an insecticide within this State, and of every dealer in original packages of said Paris green manu- factured outside of this State, before the said Paris green is offered or exposed for sale, or sold within this State as an insecticide, to submit to the director of the California Agricultural Experiment Station at Berkeley, samples of said Paris green, and a written or printed statement setting forth : first, the brands of said Paris green to be sold, the number of pounds contained in each package in which it is put on the market for sale, the name or names of the manu- facturers and the place of manufacturing the same ; second, the statement shall set forth the amount of combined arsenic which the said Paris green contains, and the statement so furnished shall be considered as constituting a guarantee to the purchaser that every package of such Paris green contains not less than the amount of combined arsenic set forth in the statement. Sec. 2. Every purchaser of said Paris green in original packages which is manufactured outside of this State who intends to sell or expose the same for sale, and every manufacturer of said Paris green within this State, shall, after filing the statement above provided for with the director of the California Agricultural Experiment Station at Berkeley, receive from the said director a certificate stating that he has complied with the foregoing statement, which certificate shall be furnished without charge therefor; said certificate w ? hen furnished shall authorize the party when receiving the same to deal in this State in the said Paris green. Any person w T ho fails to comply with the terms of section one -of this act shall not be entitled to such certificate and shall not be entitled to deal in said Paris green within this State. Nothing in this 22 LAWS AGAINST INJURIOUS INSECTS. section shall be construed as applying to retail dealers selling said Paris green which has already been labeled and guaranteed. Sec. 3. Paris green when sold, offered or exposed for sale, as an insecticide in this State shall contain at least fifty per centum of arsenious oxide and shall not contain more than four per centum of the same in the uncombined state. Sec. 4. The director of the California State Agricultural Station at Berkeley shall examine or cause to be examined different brands of Paris green sold, offered or exposed for sale within the State, and cause samples of the same to be analyzed, and shall report results of analyses forthwith to the secretary of the State board of horticulture and to the party or parties submitting said sam- ples, and such report shall be final as regards its quality. Sec. 5. Any person or persons, firm, association, company, or corporation violating any of the provisions of this act, and any person who shall sell any package of Paris green or any part thereof which has not been labeled as herein provided, shall be guilty of a misdemeanor and shall be fined not less than fifty dollars nor more than two hundred dollars, together with the costs of the suit in an action caused to be brought by the State board of horticulture through its secretary in the name of the people of the State of California. Sec. 6. The attorney-general of the State of California is charged with the prosecution of all such suits. Sec. 7. This act shall take effect immediately. COLORADO. An Act concerning horticulture, and to repeal sections 5, 6, 7, 8, and 9 of an act entitled “An act to create State and county boards of horticulture, define their duties and compensation, to protect and promote the horticultural interests of the State, and to repeal an act to establish a bureau of horticulture, approved March 8, 1883,” approved April 5, 1893. Be it enacted by the general assembly of the State of Colorado: Section 1. Whenever a petition is presented to the board of county commis- sioners of any county signed by thirty-five (35) freeholders, each one of whom shall be the owner of an orchard of at least two acres situate and growing in said county, stating that in their opinion a necessity exists for protecting the horticultural interests of said county, diminishing and destroying fruit pests and diseases and insects injurious to fruit trees, plants, vines, and shrubs, the said county commissioners shall appoint a competent, experienced horticulturist, a person who shall be known as the county horticultural inspector, who shall hold his office for a period of one year unless otherwise terminated by said board of county commissioners. It shall be the duty of the professor of entomology of the State Agricultural College at Fort Collins, in this State, to examine all persons applying for a license as a horticultural inspector, and if found competent and fully qualified to perform the duties of the office he shall issue to such applicant a license as a county horticultural inspector, which license shall certify to the competence of such applicant and shall authorize him to act as an inspector in any county in the State for a period of two years from its date. Said professor shall receive for such services a fee of five dollars from such applicant. No person shall enter upon the duties of the office of such inspector nor continue in the performance thereof unless holding such a license. Such inspector shall also give a good and sufficient bond before entering upon the duties of his office, in the sum of one thousand dollars, con- ditioned for the faithful performance of the duties of the office, the surety on COLORADO. 23 which bond may be a good and responsible guarantee company, and shall be approved by the board of county commissioners. Said inspector shall have the power to appoint as many deputies as may be necessary, subject to the approval of the county commissioners, who shall act under the direction and with the authority of Said inspector. Said inspector shall be paid for his services the sum of four (4) dollars per day, and said deputies two dollars and fifty cents per day, out of the county treasury, for as many days’ services rendered as the board of county commissioners shall, by resolution, authorize. It shall be the duty of such inspector and his deputies to keep a complete record of their offi- cial doings and to make a quarterly report thereof to the board of county commissioners of said county, who shall withhold the warrant for the salary of any delinquent inspector or deputy until such report is made. The inspector shall furnish each owner or manager of an orchard or vineyard within his jurisdiction such blanks as may be provided by the State board of horticulture, containing questions and inquiries as to the condition of his orchard or vine- yard and the extent to which the requirements of the inspector have been com- plied with. Such owner or manager shall fill out said blanks and return them to the inspector, who shall transmit them to the State board of horticulture. The board of county commissioners shall have the power to remove any in- spector or deputy who shall, in their judgment, fail to perform the duties of the office. Sec. 2. No person or persons, either as an owner, agent, servant, employee, or common carrier, shall bring or cause to be brought into any county in the State of Colorado having a county horticultural inspector, from any district, county, State, or foreign country, any trees, vines, shrubs, scions, cuttings, graftings, fruits, or fruit pits, without giving notice of their arrival at their destination, within twenty-four hours thereafter, to the horticultural inspector of said county ; nor keep, sell, plant, expose for sale, deliver, give away, or otherwise distribute any of the articles mentioned in this section, or cause or permit the same to be done, except upon order of the county inspector and until they shall first have been inspected as hereinafter provided, and disinfected to the satisfaction of the said inspector. Sec. 3. Whenever the county horticultural inspector shall be notified of the arrival of any of the articles enumerated in section 2 of this act, he shall within forty-eight hours (48) make a careful inspection of the same, and if any such articles shall be found by him to be infested with any disease, live scale, or insect pests, detrimental or injurious to fruit trees or the product thereof, or to plant life, such infested articles shall be removed from the limits of the county within forty-eight hours thereafter, at the expense of the owner, agent, or shipper, or shall be destroyed. The owner, agent, or shipper shall have the right to elect as to the removal of such infested articles from the county, or to have the same destroyed by order and under the direction of said inspector. Sec. 4. The county horticultural inspector shall have the power to establish and maintain quarantine and inspecting stations within his county, whenever and wherever the same may be authorized by the board of county commis- sioners and of such character as they shall direct. Sec. 5. If the result of the inspection of the county horticultural inspector shall be to put any of the articles mentioned in section 2 of this act in quaran- tine, such articles shall be exempt from removal from the county during the pendency of such quarantine regulations. Whenever said inspector shall deem it necessary to the safety of the horticultural interests of his county, he may hold in quarantine for information, subsequent inspection or disinfection, and final order relative thereto any of the articles enumerated in said section 2 24 LAWS AGAINST INJURIOUS INSECTS. of this act for such reasonable time as in his judgment is necessary, without unreasonable delay. Sec. 6. Any person or persons who shall ship or bring or cause to be brought u or shipped into any county of the State having a county horticultural inspector | any of the articles mentioned in section 2 of this act, shall have placed upon or securely attached to each box, package, or separate parcel of such articles a distinct mark or label showing the name of the owner, agent, or shipper, the name of the grower, and any further evidence necessary to determine the locality where grown. Sec. 7. It shall be the duty of the county horticultural inspector in each county, whenever he shall deem it necessary, to make an inspection of any | orchard, nursery, or trees, or any fruit packing house, storeroom, salesroom, or other place or article within his jurisdiction, and if found infested with | insects or pests or diseases injurious to fruit, fruit trees, vines, bushes, or other horticultural interests he shall notify the owner or owners, or person or per- sons in charge or in possesion of such trees, place, or other thing as aforesaid, j that the same or any of them are infested with insects or their eggs or larvoard. At all meetings of said board a quorum for the transaction of any and ill business that may come before the board shall consist of any two of the •ommissioners. The board shall meet at least once in every three months at jiuch place or places as they may select. The first meeting of the board shall be held within ten days after the qualification of the commissioners, and at said jrieeting the board shall elect one of its members as president. Sec. 3. The board of agriculture shall have and possess the power to abate, Suppress, eradicate, and prevent, by such means as shall be prescribed and pro- dded by law or by rule, order, or regulation of said board, the San Jose scale, peach yellows, pear blight, and all other contagious and infectious and injuri- ously dangerous diseases of fruit trees, plants, vegetables, cereals, horses, cattle, nd other farm animals ; to devise such plans for securing immigration to this State of industrious and useful settlers as it may consider advisable, and to xecute such plans in the manner prescribed by law ; to make and adopt rules or the government of the board and the same to change, alter, and modify, from | ime to time, as the board may wish ; to employ and discharge such inspectors, ifficers, employees, agents, and servants as in its opinion may be necessary to •arry out the provisions of this act : Provided, however, That the remuneration ir wages to be paid to any such inspectors, officers, employees, or agents in any I ear shall not, together with the other expenses of the board, exceed the appro- priation annually made to the board by the general assembly in and for that hear; to make rules for the proper government of all inspectors, officers, hmployees, agents, and servants who may be employed by the board. Sec. 4. That in order to abate and prevent, eradicate, and exterminate the Diseases of fruit trees known as the San Jose scale, the peach yellows, the pear )!ight, and all other injuriously dangerous insect pests and plant diseases which , aay appear in this State, it shall be the duty of the board of agriculture to seek but and suppress in the manner herein provided all the injurious insect pests md diseases hereinbefore mentioned, and also any new diseases or pests destruc- tive to the agricultural and horticultural interests of the State, and also to con- ' iuct experiments when necessary to accomplish that end ; and upon knowledge j)f the existence of any of said diseases, or any new disease or insect pest in any >f the fruit trees, plants, vines, shrubs, and grains of this State, to mark or tag n some conspicuous way all such trees, plants, vines, shrubs, or grains, and to potify in writing the owner or owners thereof or the tenant in possession of the 'remises in which the said trees, vines, plants, shrubs, or grains are found of the .xistence therein of said disease, or any new disease as aforesaid, and to pre- scribe the proper treatment and remedies therefor, and should such owner or >wners of such infested trees, vines, plants, shrubs, or grains, or the tenant or enants in possession of the premises whereon said trees, plants, vines, shrubs, or brains are found, neglect, fail, or refuse within ten days after receiving the iiotice aforesaid to apply the remedy or remedies prescribed by the board of igriculture and also in the manner and at the times as ordered and directed by he said board, then and in such case it shall be the duty of the said board, its igents, or servants, to cause the remedy or remedies prescribed to be applied at he expense of the owner or owners of such infested trees, plants, vines, shrubs, >r grains, and said board shall have the power, when it deems it necessary, to *ause the trees, plants, vines, shrubs, or grains so infested as aforesaid to be lestroyed at the expense of the owner or owners thereof, or the tenant or tenants 28 LAWS AGAINST INJURIOUS INSECTS. in possession as aforesaid, and the loss to fall upon such owner or owners, tenant or tenants, as aforesaid. The said board of agriculture, its agents, officers, or servants shall treat or have treated at the expense of the owner or owners in order to prevent the spread or dissemination of the aforesaid insects or diseases, or any new ones which may appear, and all suspicious trees, vines, shrubs, plants, or grains found to be in a dangerous proximity to those infested as aforesaid. Sec. 5. That should any owner or owners of any trees, vines, shrubs, plants, or grains infested as aforesaid, or the tenant or tenants in possession of the premises whereon any such trees, vines, shrubs, or grains are found, or should any owner or owners of any trees, vines, shrubs, plants, or grains in dangerous proximity to those infested as aforesaid, fail, neglect, or refuse after thirty days’ notice by said board to pay all of the expenses incurred by the said board in treating or in destroying such infested trees, plants, shrubs, vines, or grains, or those in dangerous proximity thereto, he or they shall be guilty of a misde- meanor, and upon conviction thereof shall be fined not less than double the amount of the expenses incurred by the said board in treating or destroying the trees, plants, vines, shrubs, or grains aforesaid, and shall also be liable in a civil suit to be brought in the name of the “State board of agriculture ” for the recovery of such expenses, together with all costs of suit. Said action may be brought before any justice of the peace of the county wherein such trees, plants, vines, shrubs, or grains mentioned herein are found, or in the. superior court of the State of Delaware in any county. The right of appeal shall be the same as in other civil causes. Sec. 6. That in order to accomplish the purposes of this act, the said board of agriculture, its officers, employees, agents, and servants are hereby author- ized to enter upon any public premises, parks, cemeteries, or other premises, or upon any land of any person or persons, firm or firms, corporation or corpora- tions within this State for the purpose of inspecting, examining, destroying, treat- ing, or experimenting upon the insects and diseases aforesaid. Sec. 7. That it shall be the duty of the board of agriculture to send at least one of its officers, agents, or employees at least once a year into each county of the State for the purpose of examining and determining thereby the healthful- ness and general condition of the horticultural and agricultural interests. Sec. 8. That the board of agriculture, whenever it shall receive reliable information, or shall otherwise know, that any dangerously injurious insect, pest, or disease exists in any tree, vine, shrub, plant, or grain, anywhere in the State, shall, in addition to the other duties, acts, and things herein prescribed to be done and performed by it, warn the farmers and other persons residing in the hundred in which any such insect, pest, or disease exists, and also per- sons living near the infested places of the nature of such insect, pest, or disease, and the localities where it exists, and shall also furnish to the said farmers and said other persons any and all information and knowledge the said board may have or be able to procure of the remedies to be applied to suppress, abate, and eradicate the said insects, pests, or diseases. Sec. 9. That the said board of agriculture shall examine and inspect, or cause to be examined and inspected, at least once every year, at such time as it shall deem it best, any and all nurseries of trees, vines, shrubs, plants, grafts, cut- tings, and buds in this State subject to the aforesaid insects, pests, and diseases, nnd if found apparently free, so far as can be determined by inspection, from the insec ts, pests, and diseases aforesaid to make and issue and give to the owner or owners or persons in charge of the said nurseries a certificate of inspection in such form as said board may prescribe, certifying that such nurseries or prem- DELAWARE. 29 ises have been examined and inspected and are apparently free from all insects, pests, and diseases dangerously injurious to nursery stock. If any of the said insects, pests, or diseases shall be found in any nursery or orchard or on any premises within the State where said nursery stock is grown, the said board of agriculture, its officers, agents, or servants, shall cause to be destroyed or treated as hereinbefore provided, such portion of such nursery stock as, in the opinion of said board, may be necessary, and shall release all other stock grown upon said premises, and shall make and issue a certificate of inspection to the effect and in the manner as hereinbefore prescribed; and, if such infested nursery stock be destroyed as herein provided, then the owner or owners shall pay the costs thereof ; and if he or they refuse or neglect to pay the same it shall be collected as provided in section 5 of this act. Sec. 10. That it shall be unlawful for any nurseryman, broker, agent, dealer, or other person to sell or offer for sale, or ship, send out, or give away, by mail, express, freight, or otherwise, any trees, vines, plants, shrubs, buds, grafts, or cuttings from any nursery or orchard mentioned in this act, or any premises within this State where said nursery stock is grown, without accompanying the same with a copy of the certificate aforesaid, printed upon a tag or label not easily destroyed, which shall be firmly attached or fastened in a conspicuous position upon each carload, box, bale, or package so sold or offered for sale, or shipped, sent out, or delivered. Sec. 11. That if any nurseryman, agent, broker, dealer, or other person shall sell or offer for sale or deliver within this State or ship, transport, or send out of this State, to any other State or Territory of the United States, or foreign pos- session thereof, or to the District of Columbia, any trees, plants, shrubs, vines, grafts, cuttings, and buds, commonly known as nursery stock, subject to the insects, pests, and diseases in this act mentioned, without attaching a copy of the certificate aforesaid, or shall deface or mutilate, or destroy said certificate, or wrongfully attach a certificate, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay a fine of not more than five hundred dollars nor less than one hundred dollars, besides the costs of prosecu- tion, or be imprisoned for a term of not less than one month nor more than one year. Sec. 12. That all trees, plants, vines, shrubs, buds, grafts, and cuttings, com- monly known as nursery stock, grown or handled by each and every nursery- man in this State, and subject to the aforesaid insects, pests, and diseases, shall be fumigated or treated by the nurseryman owning the same in the manner, method, and way prescribed by the said board of agriculture, which said board is hereby authorized and empowered to make and adopt rules and regulations, and the same to alter, change, and modify from time to time, as in its judg- ment is best for the proper fumigation or treatment of infected trees, plants, vines, shrubs, buds, grafts, and cuttings. If any person shall wilfully and knowingly violate any of said rules he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay a fine of twenty-five dollars for each offense. Sec. 13. That when any trees, plants, shrubs, vines, buds, grafts, or cuttings, commonly known as nursery stock, are shipped, sent, or mailed into this State to any nurseryman, broker, dealer, agent, or other person in this State, every carload, bale, box, or package thereof shall be plainly labeled on the outside with the name of the consignor and the name of the consignee, and shall have attached or fastened thereto a certificate showing that the contents thereof have been examined by a duly qualified State or Government officer and found ap- parently free from all insect and fungous diseases dangerously injurious to nursery stock. 30 LAWS AGAINST INJUKIOUS INSECTS. Sec. 14. That whenever any trees, plants, vines, shrubs, buds, grafts, or cull* tings are shipped or sent into this State without the aforesaid certificate plainlll attached or fastened on the outside of each carload, box, bale, or package thi same shall be and they are hereby made, deemed, and considered public nuill sances, to be abated in the manner hereinafter provided, and the agent of thl transportation company or person or firm receiving the same shall not delivel said nursery stock to any one, but shall at once notify the said board of agricull ture of such nuisances. The said board shall thereupon institute proceeding! before any justice of the peace to abate such nuisances. The said justice of th! peace shall summon all parties in interest before him, if they be known and call be summoned ; if not, then such of them as can be summoned, to show causa) why such nuisances shall not be abated ; and at the trial or hearing of saiql cause, if the said justice of the peace shall determine that the provisions oil this act have been violated, he shall order and direct that the nuisances b(Jj abated by the return of such nursery stock by the agent aforesaid receiving thffl same to the consignor, unless such consignor, his agent, or the consignee or hisj agent shall at his or their own expense forthwith have the nursery stocky aforesaid inspected and examined by a duly authorized officer or employee ol said board of agriculture, and said officer or employee shall certify to said justice of the peace that such nursery stock is apparently free from the disease menii tioned in this act, and tag every such carload, box, bale, and package so inspected with his certificate ; but if said agent, consignor, or consignee or other persorfl above mentioned shall fail or neglect to have said inspection made, or fail to re- turn such carload, box, bale, or package, then said justice shall order said nui- sances to be abated by totally consuming by fire the contents of every such car-|‘ load, box, bale, or package by the officers, agents, or employees of said board of agriculture. No action shall be brought by any one to recover any damages for any loss sustained in carrying out the foregoing provisions, and any and all loss) shall be borne by the person suffering the same. Sec. 15. That if any agent of a transportation company, firm, or person shall knowingly receive a carload, box, bale, or package of trees, plants, shrubs, | vines, buds, or cuttings without a certificate attached, as hereinbefore provided,! 1 ! and shall fail to immediately notify the said board of agriculture, as hereinbe- fore provided, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay a fine of fifty dollars for each offense, besides the! costs of prosecution. Sec. 16. That if any nurseryman, dealer, or agent shall sell, ship, or deliver ; any trees, vines, plants, shrubs, grafts, or cuttings into or in this State which are infested with any of the aforesaid diseases, and which upon inspection by the said board of agriculture or its officers or agents are found to be so infested! the said nurseryman, dealer, or agent shall forfeit the value of such nursery stock and shall not collect or receive the same from the purchaser or consignee ; i and if the purchaser or consignee has theretofore paid for said stock, either! in whole or in part, he shall have a right of action against such nurseryman,] dealer, or agent to recover the sum or sums so paid in an action on the case. I All trees, vines, plants, shrubs, grafts, and cuttings so shipped, sold, or de- livered as aforesaid, and inspected and found infested as aforesaid, shall be deemed public nuisances, and shall be abated in the same way and manner as provided for in section 14 of this act. Sec. 17. The said board of agriculture shall submit annually to the governor a written report of its inspections, experiments, and investigations and a full account of the expenditures, together with such other matters as may be deemed j advisable by the said board, and with such recommendations as the said board I shall consider proper to make, which the governor shall transmit to the general GEORGIA. 31 assembly at each session thereof ; and which said report shall be printed in pamphlet form for distribution in such number as the general assembly shall direct. Sec. 18. That all moneys appropriated by law to the said board of agriculture to carry out the provisions of this act except the salaries of the commissioners shall be paid by the State treasurer to the president of the said board upon the presentation to said State treasurer by said president of a bond for the sum of three thousand dollars, executed by him, and by good and sufficient sureties to be approved by the governor, conditioned for the faithful disbursement of said moneys according to law. The said president shall control, handle, and pay off such moneys. Sec. 19. That it shall be the duty of the said board of agriculture to encourage and invite desirable immigration to this State, and for this purpose the said board may prepare, publish, and circulate circulars or pamphlets setting forth the agricultural, mechanical, and other resources of the State : Provided, That the amount annually expended under authority of this section shall not exceed the sum of one hundred dollars. Sec. 20. That any member of the said board of agriculture who shall be guilty of neglect of duty or of the violation of any of the provisions of this act shall, upon conviction thereof before any justice of the peace of this State, be fined for each offense an amount of not less than twenty-five nor more than fifty dollars, together with costs of each suit. Sec. 21. That all fines collected under the provisions of this act shall be paid to the president of the said board of agriculture by the officers collecting or receiving the same, within thirty days after such collection or receipt, which shall be used by the said president of said board in defraying the expenses of the board. Sec. 22. That the said board of agriculture shall have power to compel all growers of fruit to stamp or mark the baskets, boxes, packages, crates, parcels, or other receptacles used by them for the shipment of any fruit or fruits with his, her, or their name or names, initial or initials, or with some distinguish- ing device or mark which may be readily and easily read and seen on the same ; and said board may adopt rules and regulations to carry this into effect. If any grower of any fruit or fruits shall neglect or fail, after ten days’ notice of said board, to comply with the provisions of this section, he or she or they shall be guilty of a misdemeanor and upon conviction thereof shall forfeit and pay a fine of five dollars. FLORIDA. There is no law in Florida relating to the control of injurious insects. GEORGIA. Acts of the General Assembly of Georgia, Approved December 21, 1897, December 20, 1898, and December 21, 1900. Be it enacted by the general assembly of Georgia: Section 1. That from and after the passage of this act, the commissioner of agriculture of the State of Georgia, the president of the Georgia State Horticul- tural Society, and the president of the Georgia State Agricultural Society shall, ex officio, constitute a board to be known as the State board of entomology, of 32 LAWS AGAINST INJURIOUS INSECTS. which the commissioner of agriculture shall be chairman, which board shall havdl full power to enact such rules and regulations governing the inspection, certil fication, sale, transportation, and introduction of trees, shrubs, cuttings, buda vines, bulbs, and roots that they may deem necessary to prevent the furthei|l introduction, increase, and dissemination of insect pests and plant diseases. Sec. 2. That the State entomologist appointed by the commissioner of agriJj culture, under the provisions of the act cited above, approved December 2l| 1897, shall act as an inspector under the provisions of this act, and it shall b( the duty of the said board to promulgate rules and regulations in accordance with this act for the government of the said entomologist in the duties devolving upon him in the execution of the provisions of this act. Sec. 3. That the salary of the said entomologist shall not exceed one thousand] and five hundred dollars per annum, and that said salary shall be paid out ol the funds in the agricultural department arising from the inspection of oils.' In addition to the above appropriation, the sum of three thousand and five hun- 1 dred dollars per annum is hereby appropriated out of the funds in the agricul- tural department arising from the inspection of oils, for the purpose of defray- 1 ing the expenses of the execution of this act, the equipment of a laboratory, tht traveling and other incidental expenses of the entomologist, and the issuing ol reports and other publications. The board may also employ such assistants tc the entomologist as may be deemed necessary. Sec. 4. The entomologist shall have power under the regulations of the board! of control to visit any section of the State where such pests are supposed to! exist, and shall determine whether any infested trees or plants are worthy ol remedial treatment or shall be destroyed. And he shall immediately report his findings in writing, giving reasons therefor, to the owner of the infested planta-t tion, his agents or tenants, and a copy of each report shall also be submitted to i the said board. In case of objection to the findings of the inspector, an appeal] shall be made to the said board, who shall have the power to summon witnessed and hear testimony on oath, and whose decision shall be final. An appeal must be taken within three days and shall act as a stay of proceedings until it is heard and decided. Sec. 5. Upon the findings of the inspector in any case of infested trees or plants, the treatment prescribed by him shall be executed at once (unless an appeal is taken), under his supervision ; cost of material and labor shall be borne by the owner : Provided, however, That in case the trees or plants shall be con- demned, they shall be destroyed by the inspector, and the expense of such action shall be borne by the owner. No compensation shall be allowed for any plants that shall be destroyed. Sec. 6. In case any person or persons refuse to execute the directions of the inspector or of the said board after an appeal, the county judge or ordinary shall, upon complaint filed by the inspector or any freeholder, cite the person or persons to appear before him within three days’ notice after being served, and that the said judge or ordinary may hear and determine all these cases in vaca- tion ; and, upon satisfactory evidence, shall cause the prescribed treatment to be executed, and the expense thereof and costs of court shall be collected from the owner or owners of infested plants. Sec. 7. It shall be unlawful to offer for sale, sell, give away or transport plants, scions, buds, trees, shrubs, vines or other plants, tubers, roots, .cuttings, bulbs, known to be infested with dangerously injurious insects or plant diseases. Any person or persons violating this section shall upon conviction thereof be guilty of a misdemeanor. GEORGIA. 33 Sec. 8. The said board of control, its agents or employees, are hereby em powered with authority to enter upon any premise in discharge of the duties herein prescribed. Any person or persons who shall obstruct or hinder them or their agents in the discharge of these duties shall be deemed guilty of a misde- meanor, and, upon conviction thereof, shall be guilty of a misdemeanor. Sec. 9. The board shall have the power to also adopt rules and regulations, not inconsistent with the laws and constitution of this State and the United States, for preventing the introduction of dangerously injurious crop pests from without the State, and for the governing of common carriers in transporting plants liable to harbor such pests to and from the State, and such regulations shall have the force of laws. Sec. 10. It shall be unlawful for any grower, nurseryman, or corporation to ship within the State of Georgia any trees, shrubs, cuttings, vines, bulbs, roots without having been previously inspected by either a State or experimental sta tion entomologist or Government officer, within twelve months of the date of said shipment, and certificate of inspection to accompany each box or package. Violation of this clause will be considered as a misdemeanor and punishable as such. Sec. 11. Be it further enacted , That the members of the said board, any two of whom shall constitute a quorum in the absence of the third, shall, within 30 days from the passage of this act, draw up and promulgate through the press of the State the rules and regulations necessary to carry into full and complete effect the provisions of this act, carefully defining what diseases or maladies, both insect and fungus, shall constitute infestation in trees or plants within the meaning and purview hereof. Sec. 12. Be it further enacted, That any person or persons residing in the State of Georgia, dealing in or handling trees, etc., shall be compelled to have his or their stock inspected annually on or before the 1st of November of each year. If, upon such inspection, such stock is found to conform to the require- ments of the board of control, the inspector shall furnish a certificate to that effect. And any such person or persons making a shipment before the filing of such certificate with the chairman of the board of control shall be guilty of a misdemeanor. Sec. 13. Each and every person residing in States or countries outside of the State of Georgia dealing in or handling trees, plants, cuttings, vines, shrubs, bulbs, and roots in this State, shall register his name or firm and file a copy of his or its certificate of inspection furnished by the entomologist, fruit inspector, or duly authorized government official of his State or country, with the chair- man of the board of control. Upon failure so to do, said stock shall be liable to confiscation under order of the inspector. Sec. 14. When two reputable citizens of any county in Georgia shall notify the board, from belief, that noxious insects or plant diseases exist in their county, the said inspector shall be directed to ascertain as speedily as possible by personal investigation, and in such other manner as he may deem expedient, the extent of the infection, and shall act with all due diligence to suppress and eradicate the said pests and give notice to the owner, tenant, or agent of such premises to treat such infested plants according to the methods he may pre- scribe, or destroy them within ten days from date of such notice, and if, after the expiration of such period of ten days, the infested plants have not been treated or the treatment has not been properly applied or is not effectual in ridding plants of the pests, the inspector shall cause such plants to be properly treated or destroyed as his judgment warrants. The cost of the work shall be covered by execution from the owner of the premises, 7418— No. 61 m 3 34 LAWS AGAINST INJURIOUS INSECTS. Quarantine Law Against the Mexican Cotton Boll Weevil. [Sections of an act of the general assembly of the State of Georgia, approved August 15, 1904, and section 17 as amended August 23, 1905.] Section 15. It shall be unlawful for any person to knowingly bring into the State of Georgia any living Mexican boll weevil, or any cotton bolls, squares, plants, or seeds containing the adult, pupal, larval, or egg stage of said Mexican boll weevil unless the person shall immediately upon its discovery at once destroy the same or turn over the same to the State entomologist. Violation of this sec- tion shall be punished as provided by section 1039 of the Penal Code of Georgia of 1895. Sec. 1G. No cotton seed, seed cotton, cotton-seed hulls or cotton lint, in bales or loose, shall be brought into this State from any points in the States of Texas and Louisiana, or from any other point in any other State or country wherein the Mexican boll weevil is known to exist, without having attached thereto in a prominent and conspicuous manner, a certificate signed by a duly authorized State or governmental entomologist stating that said cotton seed, seed cotton, cotton-seed hulls, or cotton lint, was grown in, and that the shipment of same originated in, a locality where by actual inspection by said official, or his agent, the Mexican boll weevil was not found to exist. Any steamship, railroad, or express company or other common carrier, or any firm, person, or corporation bringing into this State any of the articles above mentioned without the specified certificate attached shall be deemed guilty of a misdemeanor. In case any com- mon carrier enumerated violates this section, then the general manager of such common carrier or the captain of such offending vessel shall he deemed guilty and upon conviction shall be punished as provided by section 1039 of the Penal Code of Georgia of 1895. Sec. IT. No corn in the shuck, or shipment of household goods, furniture, ma- chinery, glassware, or supplies of any description which are [lacked or partially packed in or with cotton lint, cotton seed, seed cotton, hulls, seed cotton and cotton seed sacks, or corn in the shuck, shall be shipped into this State from points in Texas and Louisiana, or any other State or country in which the Mexi- can cotton boll weevil is known to exist, without having attached thereto in a prominent and conspicuous manner the certificate provided for in section 16. Sec. 18. Transportation companies shall immediately notify the State ento- mologist (Atlanta, Ga.,) when by oversight, negligence, or otherwise any ship- ments of the nature designated in sections 16 and 17, without a proper certificate attached, shall arrive at any station or wharf in this State, and it shall be his duty to proceed as speedily as possible, by himself or assistant, to investigate such shipment. If upon investigation he find the shipment to be of the nature herein designated he shall order same removed from this State. Upon failure of the owner or shipper to remove same within forty-eight hours after notice has been sent him by wire, said shipment shall be seized and burned. Sec. 19. The State entomologist and his assistants shall have authority to enter, during reasonable business hours, any depot, warehouse, freight, wharf, transfer, steamship, or express office in this State and shall be allowed full .access to all waybills, invoices, and hills of lading therein, when he or they may deem it necessary to determine the presence or record of any shipments of the nature designated in sections 16 and 17 of this act. The State entomologist and Ills assistants shall have authority to enter at any time, for the purpose of inspecting shipments therein, or for determining the nature of shipments therein, any express car or steamship when same is in transit or lying at dock or depot in charge of any employee or official of the company owning or oper* GEORGIA. 35 ating same. Agents and employees of railroads shall be required to open for inspection any car, sealed or unsealed, at any siding, freight yard, or depot in this State, when so ordered by the State entomologist or his assistant Any person who shall refuse to comply with the instructions of the State entomolo- gist or his assistants as herein specified, or who shall offer any hindrance or shall obstruct the State entomologist or his assistants in the discharge of their duties as herein specified shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as provided by section 1039 of the Penal Code of Georgia of 1895. Sec. 20. The State entomologist, himself or assistants, shall have power to enter during ordinary business hours any premises, depot, warehouse, cotton mill, oil mill, or other building or place in this State where agricultural products are or are supposed to be, for the purpose of inspecting and determining whether any boll weevils are there present. In case of finding any material therein infested with the boll weevil he shall at once give instructions to the owner, agent, or tenant thereof to destroy, fumigate, or treat such infested material in such manner as in his judgment he may deem best. But in the event said material should be ordered destroyed, the owner shall be compensated as now provided by law in cases where property is condemned for public use. Failure of the agent, owner, or tenant to comply with said directions (unless an appeal be taken as provided for in section 4 of this act) or the removal of said infested material or any part thereof from the premises, shall be deemed a misdemeanor and shall be punished as provided by section 1039 of the Penal Code of Georgia of 1895. Rules and Regulations. 1. In accordance with section 11 of said act, the following insects and fungous diseases are hereby declared, individually and severally, to constitute infestation in trees and plants, this list to be revised at the will of the board of entomology : The San Jose scale ( Aspidiotus perniciosus ) . The new peach scale ( Diaspis pentagona). The woolly aphis of apple ( Schizoneura lanigera). Black knot of plum and cherry ( Plowrightia morbosa). The crown gall ( Dendrophagus globosus). The Mexican cotton boll weevil ( AntTionomus grandis). Rosette of peach and plum. Yellows of peach. 2. The State entomologist is hereby charged with the enforcement of said act, and as inspector is directed to locate by personal investigation, correspondence, and in such other manner as he may deem best the above-named pests so far as they may exist in this State, and give proper directions and take such steps in accordance with the above-cited act as he may deem necessary to con- trol or eradicate the same. 3. In accordance with section 5 of the above-cited act, the State entomol- ogist is hereby endued with power to condemn and destroy any infested trees, shrubs, or other plants that in his judgment are not worthy of remedial treat- ment, when such infestation is, or is likely to become, a menace to the agri- cultural interests of any section of the State, or when the owner or. owners of infested premises shall refuse or neglect to properly execute the treatment pre- scribed for him or them. 4. Any trees, shrubs, or other plants commonly known as nursery stock shipped within the State of Georgia without each box, bundle, or package (in each car- 36 LAWS AGAINST INJURIOUS INSECTS. load or less than carload lot) being plainly labeled with the official entomolo- gist’s certificate to the effect that the contents of same have been inspected and found to meet with the requirements of the board of entomology in accordance with section 10 of the act cited above shall be liable to confiscation upon the order of the inspector. 5. No trees, shrubs, or other plants commonly known as nursery stock shall be sold, delivered, or given away within the State of Georgia without being plainly labeled with the certificate of the State entomologist. 6. Persons or firms within the State of Georgia growing for sale trees, cut- tings, shrubs, vines, or other plants commonly known as nursery stock shall make application to the State entomologist (Atlanta, Ga.) for inspection and certificate on or before July 1st of each year. Any person, corporation, or firm failing to make application to have his or their stock inspected as aforesaid, after receipt of notice of this rule, shall not be permitted to offer for sale in this State any of said stock not inspected : Provided, That such person, corporation, | or firm may make written application to the State board of entomology to be i relieved of his or their default and consequences, and offering to pay any addi- tional expense incurred by the State and its officers by reason of such failure. | The board may upon a proper showing order an inspection of said nursery. 7. In case some part of a nursery shall be found infested with San Jose j scale no certificate shall then be granted: Provided, however, That isolated j blocks of nursery stock not infested may be considered as separate nurseries I and a certificate may be granted covering such stock after all stock in the | infested block has been destroyed. 8. Each and every box, bundle, or package of trees, shrubs, and other plants \ commonly known as nursery stock, shipped in carload lots or less than carload lots into the State of Georgia from any other State or country, shall be plainly I labeled with a certificate of inspection furnished by the entomologist, fruit . inspector, or other duly authorized official in the State or country in which said stock was grown, and also with the official tag of the Georgia State board I of entomology hereinafter provided for; said tag to be valid only until July , 1st following the date of certificate upon which it is based (see sections 9 and 13 of the act cited above). Such shipments not so labeled shall be liable to < confiscation upon the order of the inspector. 9. Any person or persons residing in States or countries outside of the State i of Georgia, dealing in or handling trees, shrubs, or other plants in this State, ; or shipping trees, shrubs, or other plants therein, shall file with the State ento- 1 mologist (Atlanta, Ga.) a certified copy (or signed duplicate of original) of the j certificate issued by the entomologist, fruit inspector, or other duly authorized i official of the State or country in which said stock was grown. Such certificate for nurseries south of the northern boundary line of North Carolina, Tennessee, and Arkansas must be based upon an inspection made not earlier than July 1st, j and for nurseries north of said line, upon an inspection made not earlier than June 1st. Said person or persons shall also file with the State entomologist a i signed statement in which said person or persons agree to fumigate with hydro- i cyanic-acid gas all stock shipped into the State of Georgia. Such fumigation shall be in a manner approved by the State entomologist. Upon receipt and ; approval of the certificate and statement above mentioned, the certificate of the Georgia State board of entomology will be issued to the applicant without charge, and official tags bearing a facsimile copy of such certificate and the seal of the State board will be furnished the applicant at cost of printing, viz: ; Sixty cents for the first one hundred or part thereof and twenty-five cents for each additional hundred. GEORGIA. 37 10. No transportation company or common carrier shall deliver any box, bundle, or package of trees, shrubs, or other plants commonly known as nursery stock, shipped from any other State or country to any consignee at any station in the State of Georgia, unless each box, bundle, or package is plainly labeled with a certificate of inspection furnished by the official entomologist of the State or country in which said stock was grown, and also with the official tag of the Georgia State board of entomology hereinabove provided for. Such shipments of the nature designated above, originating in the State of Georgia, need only have the certificate of the State entomologist, and unless his certificate is attached to each and every box, bundle, or package of trees, etc., they shall not be accepted for transportation. 11. Transportation companies shall immediately notify the State entomolo- gist (Atlanta, Ga.) when, by oversight, negligence, or otherwise, any ship- ment of uncertified stock is received at any station or wharf in the State, and it shall be his duty to proceed as speedily as possible to investigate and dispose of such stock, as provided for in the act cited above. 12. All trees, shrubs, or other plants commonly known as nursery stock (with the exception of conifers and strawberry plants) offered for sale, sold, or given away in this State shall be fumigated with hydrocyanic-acid gas by the owner under the direction of the State entomologist. Eact and every nurseryman within this State growing nursery stock for sale shall construct and maintain upon his premises an air-tight fumigating house or box and shall maintain such fumigatorium in first-class condition for fumigating nursery stock between the first of August of each year and the first day of May following. Said fumigating house or box shall be regularly inspected by the State ento- mologist or his assistant in connection with the inspection of nurseries, and the owner of each nursery shall be required to demonstrate to the inspector that he has a practical working knowledge of fumigating methods. Upon failure of the fumigating house or box to pass a satisfactory inspection at the time the nursery is inspected each year, no certificate shall be granted until such fumigatorium has been placed in condition for properly fumigating nursery stock. The expenses of the inspector when making an inspection of such fumi- gating house after its repair or alteration shall in all cases be paid by the nurseryman. Upon failure of any nurseryman or dealer in nursery stock to comply with these requirements certificate shall be withheld or cancelled. 13. Certificate tags of a standard size shall be secured through the State entomologist for attaching to all shipments and deliveries of nursery stock within this State. Such tags shall bear the printed seal of the State board of entomology and the facsimile signature of the entomologist, and shall be fur- nished to nurserymen holding proper certificates at the schedule of prices given in regulation 9. 14. On and after January 1st, 1905, all nurserymen or dealers in nursery stock selling nursery stock within this State shall be required to thoroughly fumigate, in accordance with the directions furnished them by the State ento- mologist, all nursery stock which they may receive from points without the State before selling or delivering such stock within this State. 15. Upon the inspection of any nursery, the owner of said nursery, when or- dered to do so by the State entomologist or by the inspector, shall file with the State board of entomology an affidavit to the effect that all nursery stock grown by him, or for him under contract, has been inspected, and that the inspectors have been advised of the location of all nursery stock owned, controlled, or contracted for by him. Certificate shall be withheld until such affidavit is placed on file. LAWS AGAINST INJURIOUS INSECTS. 38 16. The State entomologist is hereby authorized to publish in the form of i bulletins, reports, or through the press of the State any matter pertaining toj the distribution, life history, habits, and treatment of insect pests and fungous diseases, or other such matter that may be instructive or aid in the suppression of such pests. 17. The board of entomology may appoint temporary deputy inspectors, when it appears to be necessary, to assist the entomologist in the enforcement of the act cited above, and such deputy inspectors shall have full power to enter on premises and inspect and report to the State entomologist. 18. Appeals from the decision of the entomologist should be addressed to the commissioner of agriculture (Atlanta, Ga.), who will notify the appellant J of the time and place of hearing such appeal. 19. The State entomologist shall be secretary of the board, and all inquiries I relative to the provisions of the above-cited act and subject-matter of the | same should be addressed to him at Capitol Building (Atlanta, Ga.). Revised Regulations of the Georgia State Board of Entomology Relative 9 to the Quarantine Against the Mexican Cotton Boll Weevil. 1. The shipment into the State of Georgia of cotton lint (loose, baled, flat, or compressed), cotton seed, seed cotton, hulls, seed-cotton and cotton-seed sacks I (which have been used), and corn in the shuck from points in the States of i> Texas and Louisiana is hereby forbidden, unless such shipment shall be accom- fc panied by the certificate of a State or governmental entomologist to the effect I that such shipment originated in a locality where, by actual inspection, the I Mexican cotton boll weevil was not found to exist. 2. Shipments of household goods, furniture, machinery, glassware, or supplies | of any description from the States of Texas and Louisiana shall be admitted j into the State of Georgia only when accompanied by a certificate (such certifi- 1 cate to be attached to waybill), as mentioned in regulation 1. and provided for by an act of the legislature of the State of Georgia approved August 15th, 1904, j provided any of the articles listed in regulation 1 are included in such ship- j ment or used as packing for any part or all of same. 3. Transportation companies shall immediately notify the State entomologist (Atlanta, Ga.) when, by oversight, negligence, or otherwise, any shipments of, the nature designated in regulations 1 or 2 shall arrive at any station or wharf in this State without a proper certificate or affidavit attached ; and it shall be ll the duty of the entomologist to proceed as speedily as possible, by himself or his assistant, to investigate such shipments. If, upon investigation, he find such shipment to be in violation of regulations 1 and 2, he shall at once order same removed from this State. Upon failure of the owner or shipper to remove j said shipment within forty-eight hours after notice has been sent him by wire said shipment shall be seized and burned. 4. Shipments of the articles quarantined against by regulations 1 and 2 and! by the acts of the legislature of the State of Georgia approved August 15, 1904. j and August 23, 1905, shall be made through this State to points in other States; only when in tight-closed cars. Such cars shall not be opened at any point while 1 in transit through the State of Georgia. 5. Shipments of nursery stock, fruit, and truck into this State from points in the States of Texas and Louisiana shall be admitted only when none of the ■ articles mentioned in regulation 1 are used in packing same, unless such ship- ment be accompanied by a certificate as mentioned in regulation 1. HAWAII. 39 f>. Shipments of live stock from points in the States of Texas and Louisiana into the State of Georgia are hereby absolutely prohibited when any of the articles quarantined against are used as bedding or feed for such live stock, un- less accompanied by the certificate of a State or governmental entomologist to the effect that the bedding or feed originated in a locality where, by actual inspection, the Mexican cotton boll weevil was not found to exist. HAWAII. Act 44. (Session Laws of 1003.) An Act to provide for the encouragement and protection of agriculture, horticulture, and forestry. Be it enacted by the legislature of the Territory of Hawaii: Section 1. Whenever in this act the word “ board ” is used, it shall refer and mean the board of commissioners of agriculture and forestry by this act pro- vided for. Hi He H* H* % H* Sec. 5. It shall be the duty of the board : ******* (3) Rules and regulations. To make rules and regulations, and to amend the same from time to time in their discretion, subject to the approval of the governor, for and concerning the introduction, transportation, and prop- agation of trees, shrubs, and plants and the preservation, protection, extension, and utilization of forests and forest reserves, both natural and artificial : for the quarantine, inspection, fumigation, disinfection, exclusion, or destruction, either upon introduction into this Territory or at any time or place within the Territory, of any soil, nursery stock, tree, sugar cane, shrub, plant, flower, vine, cutting, graft, cion, bud, seed, root, fruit pit, fruit, vegetable, leaf, nut, or other vegetable growth or other substances, and any box, barrel, package, or packing material, or containers in which said articles, or any of them, have been trans- ported or contained which is or may be infected, with or liable to assist . in the transmission or dissemination of any insect, blight, scale, or disease injurious or liable to become injurious to trees, plants, or other vegetation of value. Included therein may be rules and regulations governing the shipping be- tween the different islands of this Territory of any or all of the nursery stock, trees, and other articles in this subsection hereinabove enumerated. And also with power to prohibit the importation into the Territory from any or all foreign countries, or other parts of the United States, or the shipment from one island within the Territory to another island therein, of any specific article or class of articles above enumerated which are liable to introduce or disseminate, or assist in the introduction or dissemination, of any insect, blight, scale, or disease injurious or liable to become injurious to trees, plants, or other vegetation of value. All rules and regulations made as aforesaid shall have the force and effect of law. ******* (9) Superintendent of entomological department. To appoint a superin- tendent of entomology, who shall have charge, direction, and control (subject to the direction and control of the board) of all matters relating to the exclu- sion or eradication of insects, scales, blights, and diseases injurious or liable to become injurious to trees, plants, or other vegetation of value ; and relating to the quarantine, inspection, disinfection, exclusion, or destruction of any plant, article, or substance injurious or liable to become injurious to trees, plants, or 40 LAWS AGAINST INJURIOUS INSECTS. other vegetation of value mentioned in or coming within the scope of this act, and of such other matters as the board may from time to time direct, and who • shall be paid such salary as may be appropriated by the legislature. The said superintendent of entomology shall be a trained and educated ento- mologist, who has made the subject of entomology as related to agriculture a special study ; and, if such a man is available, one who has had practical train- ing and experience in connection with entomology in a tropical country. ******* Sec. 13. No soil, nursery stock, tree, sugar cane, shrub, plant, flower, vine, cutting, graft, cion, bud, seed, root, fruit pit, fruit, vegetable, leaf, nut, or moss shall be imported into the Territory of Hawaii except in the manner and upon the terms and conditions hereinafter set forth, viz : (1) Labels. A label shall be affixed to the article desired to be imported, or if it is enclosed, to the box, barrel, case, package, or other container in w r hich it is enclosed, which label shall set forth : (a) The name, number or amount, and description of the said article i or articles. (b) The locality where the same was produced. (c) The port from which the same was last shipped. (d) The name of the shipper of said article or articles. (e) The name of the consignee of said article or articles. (2) Request for inspection. In addition to any requirements of the customs authorities concerning invoices or other formalities incident to importations into the Territory, the importer shall file a written statement w T ith the board, signed by himself, or his agent or attorney, w T hich shall set forth his desire to import certain articles into the Territory, which articles shall be described as follows, viz : (a) The name, number or amount, and description of the said article or articles. (b) The locality where the same was produced (c) The port from which the same were last shipped. (d) The name of the shipper thereof. (e) The name of the consignee thereof. The said statement shall also contain a request that the board examine, or cause to be examined, the articles described as aforesaid, and agreeing to be and become responsible for all costs, charges, and expenses incident to the in- spection, examination, fumigation, disinfection, quarantine, and care of said arti- cles desired to be imported. (3) Blanks. Suitable blanks shall be furnished by the board, upon which to make such requests, which blanks may provide for the insertion of other state- ments, and may contain other requirements which the board, in its discretion and under the authority herein contained to make rules and regulations, may direct. (4) Inspection. Immediately upon receipt of a request for inspection, in ac- cordance with the provisions hereinabove set forth, or as soon thereafter as reasonably practicable, an inspector of the board shall inspect the said article desired to be imported. (5) Place of inspection. The said inspection may, in the discretion of the said inspector, be made on the vessel importing the same, on the wharf adjacent thereto, or any other convenient place or places which he may indicate ; but said article or articles shall in no case be removed from the vessel importing the same except upon a written permit signed by said inspector. (6) Unpacking or removing. If, in the discretion of said inspector, it is nec- HAWAII. 41 essary, advisable, or proper, in order to more fully inspect the said articles, to unpack the said articles, or any of them, or to remove them, or any of them, to any other place or places, he shall have authority so to do at the expense of the importer. (7) Permit to import. If, upon inspection as aforesaid, or at any time there- after, if the said article or articles are held for further examination, the said inspector shall be satisfied that the said articles desired to be imported, or cer- tain of them, are free from insects, blight, scale, and diseases injurious, or liable to become injurious, to trees, plants, or other vegetation of value, he shall give the importer a certificate of inspection, setting forth the date of the inspection or inspections, a description of the articles inspected, and permitting them to be imported into this Territory. (8) Disinfection or quarantine. If, in the opinion of said inspector, it shall be necessary or proper, for the better securing of the objects of this act, to fumi- gate, disinfect, or quarantine said article or articles, or any of them, he shall have authority so to do, at the expense of the importer. If, in the opinion of said inspector, it shall be necessary or proper to hold said article for continued observation or treatment, in order to be certain that no infec- tion as aforesaid exists, or that any infection which exists or may exist therein may be eradicated, said inspector may so hold said article or articles in quaran- tine for said purpose or purposes. (9) Destruction of plants, etc. If said inspector shall at any time, either upon said first inspection or at any time thereafter while the said article or articles are being held as aforesaid, find that the same or any of them, are infected with or contain any insect, blight, scale, or disease injurious, or liable to become injurious to trees, plants, or other vegetation of value, he shall, in his discretion, destroy the same or hold the same for further treatment. (10) What constitutes importation. The landing of any article as aforesaid, for the purpose of inspection or quarantine, shall not be, nor be construed to be, an importation for the purpose of giving to the article or articles so landed any status, or the owner thereof any rights or privileges incident to the articles which have been imported into the Territory ; but in legal effect the articles so landed for purposes of inspection shall be construed to still be without the Territory, seeking entry into the Territory, and shall not, in whole or in part, be entitled to be imported into this Territory until a permit so to do, as aforesaid, shall have been issued by the board or officer or inspector thereof. (11) Exceptions to right to import. Nothing in this act contained shall per- mit the importation of any article, or class of articles, or any article or class of articles from any particular place, if the same, or any of them, have, by special rule or regulation of the board, as hereinbefore provided, been prohibited from importation into this Territory. (12) Port of importation of plants. No nursery stock, soil, tree, sugar cane, shrub, plant, flower, vine, cutting, graft, scion, bud, seed, root, leaf, nut, moss, or other vegetable growth (except hay, grain, fruit, vegetables, and nuts for immedi- ate consumption) shall be imported into the Territory of Hawaii, saving and excepting through the port of Honolulu only. Sec. 14. No soil, sand, or rocks or stone having soil adhering thereto, brought to this Territory as ballast or separate from the roots of plants, trees or other vegetation, except such as are suitable for, and intended to be used as or in the manufacture of fertilizer, or for building, mechanical, or monumental purposes, shall be allowed to be landed in this Territory. If any vessel comes to this Territory with soil, sand, rocks, or stones having soil adhering thereto on board as ballast or in bulk, and it is desired to remove the same, it shall, except as aforesaid, be dumped at sea. 42 LAWS AGAINST INJURIOUS INSECTS. No soil or sand brought to this Territory in connection with or around the roots of plants, trees, or other vegetation, or rocks or stones with soil or sand' adhering to them, shall he allowed to be imported into this Territory until the same shall have been removed to a suitable place for inspection and quarantine, and there held for such length of time as, in the discretion of the board or its officers or agents, shall be necessary to prove that it is not infected with insects, blights, scales, or diseases injurious to trees, plants, or other vegetation of value. Sec. 15. The board shall, with the approval of the governor, adopt a reason- able scale of charges, which may be changed from time to time, for the inspec- tion, disinfection, fumigation, and quarantine authorized, required, or permitted by this act. Certificates and permits herein provided for concerning articles] imported, or proposed to be imported, into this Territory, and the charges so provided for shall be paid for in advance before any certificate or permit is delivered or any of said articles are permitted to be landed. If thereafter fur- ther expense is incurred in the inspection, treatment, or quarantine of any of I said articles, the charges therefor shall be paid before any of said articles shall be delivered. Sec. 16. Any person violating any of the provisions of this act, and any master I of any vessel which shall bring into this Territory any article which the board ] shall at any time prohibit from being imported into this Territory; and the] master of any vessel from which shall be landed any article in this act required] to be inspected, until he shall have received a permit to land the said articles] from the board or its officer or inspector, as herein provided, shall be guilty ] of a misdemeanor, and shall be punished by a fine not to exceed $500, or impris-] onment as aforesaid, in the discretion of the court. Sec. 17. Any person who shall feel aggrieved at any decision of any inspector j of the board shall have the right to appeal from such decision to the board. | The board shall give a prompt hearing to the appellant and the inspector upon i such appeal, and decide the question at issue, which decision shall be final. Rules and Regulations Prohibiting the Introduction of Certain Fruits I and Animals into the Territory of Hawaii. rule i. Section 1. For the purpose of preventing the introduction into the Territory ] of Hawaii of fruit flies, their larvae or pupae and other insects injurious or liable i] to become injurious to trees, plants, fruit, or other vegetation of value, all per- 9 sons, companies, and corporations are hereby prohibited from introducing or i importing into the Territory of Hawaii, or into any of its ports for the purpose 1 of debarkation into the said Territory, any fresh fruit from East or West Indies, 9 Asia, Australasia, Oceanica, Malaysia, Mexico, Central and South America. Sec. 2. If any fresh’ fruit shall be imported or introduced into the Territory of Hawaii, or into any of its ports, for the purpose of debarkation into said Terri- 3 tory, contrary to law or this regulation, the same shall, in the discretion of the I board of commissioners of agriculture and forestry, or its duly authorized agent, I officer, or inspector, be immediately destroyed or deported at the expense of the 1 importer or introducer, and the person or persons or corporation introducing or . importing the same shall be guilty of a misdemeanor and shall be liable to the ] penalty or penalties provided by law. Sec. 3. This regulation shall take effect from and after the approval thereof by the governor. Approved October 25, 1904. IDAHO. 13 RULE II. Section 1. For the purpose of preserving and protecting the forests and the agricultural and horticultural interests of the Territory of Hawaii, all persons, companies, and corporations are hereby prohibited from importing or introduc- ing into the Territory of Hawaii, or into any of its ports, for the purpose of debarkation into the said Territory, any live animal or animals known as “flying fox” ( Pteropus ) or “fruit-eating bat,” or any crustacean known as “ land crab,” or any other animal, bird, reptile, or insect injurious, or liable to become injurious, to forests, trees, plants, or other vegetation of value. Sec. 2. If any animal, bird, reptile, or insect is imported or introduced into the Territory of Hawaii, or into any of its ports, for the purpose of debarkation into the Territory of Hawaii, contrary to law or this regulation, the same shall, in the discretion of the board of commissioners of agriculture and forestry, or its duly authorized' agent, officer, or inspector, be immediately destroyed or deported at the expense of the importer or introducer, and the person or persons or corporation introducing or importing the same shall be guilty of a misde- meanor and shall be liable to the penalty or penalties provided by law. Sec. 3. This regulation shall take effect from and after the approval thereof by the governor. Approved October 25, 1904. IDAHO. An Act to create and define the duties of a State board of horticultural inspection and the appointment of a State horticultural inspector and deputies ; to appropriate money for their expenses, and defining the duties thereof ; to prevent the gift, sale, distribution, transportation, importation, or planting of infested trees, vines, plants, cuttings, scions, grafts, pits, buds, or other articles, and to provide for the disinfec- tion or destruction of the same ; to provide for the extirpation of insect pests or fun- gus diseases found on trees, shrubs, vines, plants, fruit ; to provide penalties for fail- ure to comply with the provisions of this act. Section 1. There is hereby created the State board of horticultural inspection, which board shall consist of five members as follows : The director of the ex- periment station and the professor of zoology of the University of Idaho shall be ex officio members of said board, and the other three members shall be ap- pointed by the governor of the State as soon as may be after the passage of this act, and shall hold their office for a term of three years, or until their suc- cessors are appointed and qualified, and in making said appointments the gov- ernor shall consider the recommendations of the State horticultural society as to the proper persons to appoint : Provided, That of the three members first appointed after the passage of this act, one shall hold his office for one year, one for two years, and one for three years from the date of his appointment. Sec. 2. Before entering on the duties of his office each member of said board shall take and subscribe the official oath prescribed for State officers, which oath shall be filed in the office of the secretary of state. Sec. 3. Said board shall meet immediately after the passage and approval of this act, when it shall elect a president and a secretary from its number, who shall hold their office during the pleasure of the said board. The secretary shall perform such duties as may be prescribed by the board, and shall receive such compensation as the board may establish, not exceeding .$350.00 per annum. Said board shall meet annually at such times and at such places as it may determine. 44 LAWS AGAINST INJURIOUS INSECTS. Sec. 4. The board shall appoint a State horticultural inspector, whose juris- 1 diction shall extend throughout the State, and shall fix his salary at not less 9 than $900 per annum. They shall also divide the State into not more than ten I districts, and the State horticultural inspector shall appoint, subject to the con- 1 firmation of the board, a deputy State horticultural inspector for each district so I established if necessary. The persons so appointed shall be especially quali- 1 fied for their position by reason of a practical knowledge of horticulture and I the pests incident thereto. Their jurisdiction shall be limited to their respec- 1 tive districts. Said inspectors shall hold their office during the pleasure of said I board. Said board shall make an estimate of the amount of money available A for each district for each year, and no inspector shall incur any expense in the 1 discharge of his duties in excess of said estimate furnished him by said board. 9 The aggregate sum of all the estimates furnished to the various inspectors in J any one year must in no case exceed the amount available for carrying out this I act for such year. Sec. 5. Each inspector so appointed shall receive as compensation for his tj services as such inspector the sum of five dollars per day for each day actually 1 and necessarily employed in the discharge of his duties as prescribed in this I act. Such compensation shall be paid out of the general fund of the State, upon warrants duly drawn by the State auditor, only after the bills presented for such services shall have been audited and approved by the secretary and a | majority of said board and audited as other bills against the State of Idaho. Sec. 6. It shall be the duty of said inspectors, or State inspector, either on 1 their own motion, or upon the complaint of interested parties, to enter and make, I or cause to be made, inspection of any field, rights-of-way, of any irrigation A canals, or railways, public highways, fields, orchards, nurseries, fruit packing J houses, storerooms, sales-rooms, depots, or other places where fruits are grown I or stored, and of fruits, trees, vines, plants, shrubs, or other articles within the I State, supposed to be, or liable to be, infested with pests, or with their eggs or I larvae, or infested with any contagious diseases injurious to fruits, plants, trees, I shrubs, vines, as hereinafter provided. If upon any inspection there be found any disease, or pests, eggs, or larvae of any pests injurious to fruits, plants, 9 trees, shrubs, or vines, the inspector shall notify the owner or owners, or the ;| person or persons in charge or in possession of said places, fields, orchards, 9 nurseries, trees, plants, shrubs, vines, fruits, or other articles as aforesaid ; the in- 9 spector shall require such person or persons to eradicate or destroy said injurious 9 pests or insects, or their eggs or larvae within a reasonable time, to be specified, jfl Said notice shall be served in person or in writing on said person or persons, or 9 either of them, owning or having in charge such infested places, rights-of-way. J fields, orchards, nurseries, trees, shrubs, vines, plants, fruits, or other articles 9 as visited by the inspector, or it may be served in the same manner as the sum- :f mons in a civil action. If the owner or owners, or person or persons in charge A or in possession, of any highway, rights-of-way of canal or railways, fields, m orchards or nurseries, or trees or plants, or other articles infested with any in- R sect, or their eggs or larvae, or any disease injurious' to any trees, fruits, vines, |1 shrubs, plants, or any other articles infested, after having been notified, as 1 above, to eradicate and destroy the same, shall fail, neglect, or refuse so to do, | then any and all such places, public highways, rights-of-ways, fields, orchards, -I nurseries, trees, plants, vines, fruit, or other articles thus infested are adjudged j and declared to be a public nuisance and shall be proceeded against as such ; 9 and whenever any such nuisance shall exist at any place in the State or on the j property of any non-resident, or on any highway, rights-of-way, or fields as : I aforesaid, or on any property the owner or owners of which can not be found IDAHO. 45 within the State or on any property where notice has been served as aforesaid and where the owner or those in possession shall refuse or neglect to abate such nuisance within the time specified, it shall be the duty of the district inspector within the county wherein the nuisance is to be abated, or State inspector, or either of them, and he is hereby empowered to cause said nuisance to be abated at once by eradicating or destroying all said pests or their eggs or larvae, or by disinfecting or destroying all fruits, trees, vines, plants, shrubs, pits, scions, or other articles upon which said fungous diseases or pests or their eggs or larvae may be found. The expense of such proceedings shall be paid out of the gen- eral fund of the State in the same manner as set forth for paying said in- spectors. All sums so paid shall be collected from the parties owning said real estate on which said nuisance was situated by civil suit in the name of the board herein created, and it shall be the duty of the county attorney of the county in which said real estate is situated to bring suit, and said sum, when collected, shall be paid into the State treasury. Sec. 7. The inspectors are hereby vested with all the necessary authority to enforce quarantine against any infested fields, lots, rights of way, orchards, nurseries, trees, plants, buds, scions, or any other place or article within the State when the same may be liable to spread contagious diseases injurious to fruit or trees or fruit crops of any kind, and to provide necessary rules and regulations to govern the same. Sec. 8. No person, firm, or corporation shall hereafter engage in or continue in the business of importing and selling within the State any fruit trees, forest trees, vines, plants, shrubs, scions, pits, or other nursery stock without first making an application therefor to the State board of horticultural inspection, which said application in writing shall be accompanied with a good and satis- factory bond in the sum of one thousand dollars to be approved by the State board of horticultural inspection, conditioned for the faithful observance of all of the provisions of this act and of the laws of the State of Idaho by said appli- cant or applicants and their agents and representatives. As soon as said appli- cation is received and said bond approved, it shall be the duty of said board of horticultural inspection to issue a certificate to such applicant or applicants with the provisions of this section, and thereafter the said applicant or appli- cants shall be authorized and permitted to carry on said business within the State of Idaho. Sec. 9. No person, firm, or corporation, after importing into the State any fruit trees, forest trees, vines, plants, shrubs, scions, pits, or other nursery stock, shall sell or offer for sale or dispose of the same without first thoroughly fumigating the same with hydrocyanic gas, unless said fruit trees, forest trees, vines, plants, shrubs, scions, pits, or other nursery stock be accompanied by a certificate from a competent person duly authorized by law in the State, Terri- tory, or District wherein said stock was grown showing that the said stock had been properly fumigated or disinfected by hydrocyanic gas before being shipped. Sec. 10. Any person, persons, firm, or corporation, his or their agents, who shall bring or import into the State fruit trees, forest trees, vines, plants, shrubs, scions, pits, or other nursery stock with intent to sell or dispose of the same without first making application to the State board of horticultural inspection, filing the necessary bonds, and securing the certificate provided for in section S of this act, or who, having imported said fruit trees, forest trees, vines, plants, shrubs, scions, pits, or other nursery stock into the State with the intent to sell or dispose of the same, or any part thereof, without first notifying the State horticultural inspector or the deputy district inspector thereof, or having the 4fi LAWS AGAINST INJURIOUS INSECTS. said fruit trees, forest trees, vines, plants, shrubs, scions, pits, or other nursery stock fumigated, as provided in section 0 of this act, or where found infested shall fail or refuse to destroy or disinfect the same, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by section 14 of this act. Sec. 11. All peach, nectarine, apricot, plum, prune, almond, or other trees budded or grafted on peach stock or roots; all peach or other pits, cuttings, buds, or scions raised or grown in a district where “ peach yellows ” or “ peach rosette ” is known to exist are hereby prohibited from being offered for sale, gift, distribution, transportation, or planting within the State of Idaho. Any person or persons, dealers, shippers, transportation companies, or their agents who shall be in the possession of any such property for any purpose shall, when required by the inspector, burn the same without delay. Sec. 12. Fruit of any kind, trees, plants, shrubs, cuttings, grafts, buds, seeds, scions, pits, or any articles of any kind grown in any foreign country or in any of the United States or Territories infested by any insect or insects or their eggs or larvae, or by any fungous diseases or their germs known to be injurious to fruit or fruit trees, or other trees, plants, vines, shrubs, or other articles liable to spread contagion, are hereby prohibited from being offered for sale, gift, distribution, transportation, or planting in any county in this State, unless the same shall have been examined by the State inspector, or his deputy for such district, and, if found diseased or infested, shall have been thoroughly disinfected in such manner as may be required by the inspector, the owner to pay the expense of such disinfection. Sec. 13. Any person or persons shipping fruit trees, or trees of any kind, shrubs, vines, scions, cuttings, or plants within the State shall affix to each package, bundle, or parcel containing the same a distinct mark, stamp, or label showing the name of the shipper or grower, the locality where grown, and the variety of said trees, shrubs, vines, grafts, scions, cuttings, plants, or buds ; also any person or persons or corporation, his or their agents, selling or offering for sale fruit of any kind, shall affix to each package a distinct mark or label showing the kind and quality of the same, the name of the shipper or grower, and the locality where grown. Sec. 14. Any person, persons, dealers or shippers, having in their possession any fruit, trees, vines, shrubs, plants, cuttings, grafts, buds, seeds, pits, or other articles infested with any injurious insects or their germs, or with any fungus or other diseases injurious to fruit or fruit trees, shrubs, or other trees or plants, or who shall sell or offer for sale, gift, distribution, transportation, or planting, or who shall refuse to destroy or disinfect (as provided in this act or as ordered by the State inspector or by the deputy inspector in his district) the said fruit or trees, shrubs, vines, plants, cuttings, grafts, pits, scions, or other articles, or who shall refuse or neglect to attach a distinct mark or label as hereinbefore provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five nor more than three hundred dollars. All sums so collected shall be paid into the State treasury. Sec. 15. Each inspector shall make a detailed report of all his official acts to the secretary of said board on the first day of every month, which report shall be made under oath, and shall include a statement of the number of days actu- ally and necessarily employed and miles traveled as such inspector during said month, and a detailed statement of the amount due him or to other persons, for services or expenses incurred in carrying out the provisions of this act. The secretary cf said board shall audit all such bills, and shall submit them by mail to each member of said board for approval and signature. If approved by Illinois. 47 a majority of said board, said bill shall be transmitted to the State auditor, and they shall be paid as other claims against the State. Sec. 16. The members of the State board of horticultural inspection shall serve without compensation, but shall receive actual expenses incurred in attending meetings of the board. Sec. IT. All county officers shall be liable on their official bond for the proper performance of any duties imposed by this act. Sec. 18. Neglect or refusal to comply with the orders of the State inspector or his deputies, made in pursuance of the provisions of this act, shall constitute a misdemeanor, and shall be punished as provided for misdemeanors in section 14 of this act. Sec. 19. Whereas there is great danger to the horticultural interests of the State of Idaho from pests and other causes for which no adequate remedy has been provided, an emergency existing, therefore this act shall take effect from and after its passage and approval by the governor. Sec. 20. All acts and parts of acts in conflict with this act are hereby repealed. ILLINOIS. An Act to prevent the introduction and spread in Illinois of the San Jose scale and other dangerous insects and contagious diseases of fruits. ; Section 1. Be it enacted by the people of the State of Illinois , represented in the general assembly, That it shall be the duty of the State entomologist of Illinois to inspect, or cause to be inspected by his duly appointed assistants, once each year all nurseries in the State of Illinois as to whether they are infested by dangerous insects or infected with contagious .plant diseases, and, if upon such inspection such nurseries appear to be free from such dangerous insects or diseases, he shall, upon the payment of the expenses of inspection as certified by him, give to each owner of such nursery or nurseries a certificate to the facts, and shall file duplicate certificates with the director of the State agricultural experiment station and with the secretary of the State horticul- tural society, which certificates shall be at all times subject to public inspection. Whenever a nurseryman or seller of trees, vines, plants, or other nursery stock within this State shall ship or deliver any such stock he shall place and send on each package so shipped or delivered a copy of a certificate, the original of which is signed by a State or Government inspector, stating that such stock has been inspected and has been found apparently free from dangerous insects or contagious plant diseases, and the use of such certificate in connection with nursery stock any and every part of which has not been inspected and certified as aforesaid shall render the owner of such stock liable to the penalties pre- scribed for a violation of this act. § 2. It shall further be the duty of the State entomologist to inspect, or to cause to be inspected, from time to time, any nursery, orchard, fruit plantation, or other property or place in this State which he shall have reason to suppose to be infested by dangerous insects or infected with contagious plant diseases, and for the purpose of such inspection he and his assistants are authorized, dur- ing reasonable business hours, to enter into or upon any farm, orchard, nursery, garden, storehouse, or other building or place used for the growing, storage, packing, or sale of trees, plants, or fruits ; and if the State entomologist shall find by inspection as aforesaid that any nursery, orchard, or garden or other property or place is infested by the San Jose scale or other dangerous insect, or 48 LAWS AGAINST INJURIOUS INSECTS. infected with contagious plant diseases, liable to spread or be conveyed to other premises, to the serious injury of the property thereon, he shall notify in writing the owner or the person in charge of such infested or infected property, and shall direct him, within a time and in a manner prescribed in such notice, to u.se such measures as shall prevent the conveyance or spread of such insects or disease to the property of others, and such infested or infected property shall not be removed after the owner or person in charge of the same shall have been notified in writing as aforesaid without the written permission of the entomolo- gist. If the person so notified shall refuse or neglect to treat and disinfect said premises or property in the manner and within the time prescribed in said notice, it shall be the duty of the State entomologist to cause such property or premises to be so treated, and he shall certify to the owner or person in charge of the premises one-half the amount of the cost of treatment, and if not paid to him within sixty days thereafter the same may be recovered, together with the cost of action, before any court in the State having competent jurisdiction : Pro-\ vided, That any orchard property found infested by the San Jose scale which the State entomologist has good reason to believe became so infested before the year 1899 shall be once thoroughly treated and disinfected by the entomolo- gist without charge to the owner of said infested property: And further pro - 1 vided , That any part of such property which may, in the judgment of the. ento- 1 mologist, be so badly infested by the San Jose scale as to be worthless may be I destroyed by him or his assistant without liability for compensation to the I owner thereof, and if he should find that such orchard or fruit plantation or j other property or place in this State is not so infested, that he shall be required 1 to give the owners thereof a certificate to that effect without charge. § 3. Whenever any trees, shrubs, plants, or vines are shipped into the State I from some other State, country, or province, every package thereof shall be | plainly labeled on the outside with the name of the consignor, the name of the y consignee, and a certificate showing that the contents have been inspected by a ] State or Government officer, and that the trees, vines, shrubs, or plants therein | contained appear free from all dangerous insects or diseases. Whenever any trees, I shrubs, vines, or plants are shipped into this State without such certificate I plainly fixed on the outside of the package, box, or car containing the same, the j facts must be reported within |wenty-four hours to the State entomologist by !j the railway, express, or steamboat company, or other person or persons carrying : the same, and it shall be unlawful to deliver any such property until it has been ] inspected by the State entomologist or his assistants and by him or them certi- j fled to be free from dangerous insects or contagious diseases. Any agent of any j railway, steamboat, or express company, or other person or persons carrying such property as aforesaid, w r ho shall fail to give such notice as above required l shall be deemed guilty of a violation of this act. When nursery stock is shipped jj into this State accompanied by a certificate, as herein provided, it shall be held prima facie evidence of the facts therein stated, but the State entomologist, by j himself or his assistants, when they have reason to believe that any such stock j is infested with dangerous insects, or is infected with contagious diseases, shall he authorized to inspect the same and subject it to like treatment as provided in section 2 of this act. § 4. Any person violating or neglecting to carry out the provisions of this act, • or offering any hindrance to the carrying out of this act, shall be adjudged guilty j of misdemeanor, and, upon conviction before a justice of the peace, shall be fined 1 not less than ten dollars and not more than one hundred dollars for each and every offense, together with all the costs of the prosecution, and shall stand committed until the same is paid. It shall be the duty of the State’s attorney INDIANA. 49 to. prosecute all violations of this act, and all amounts so recovered shall be paid over to the treasurer of the State. § 5. The office of the State entomologist shall be established at the University of Illinois, the trustees of which shall provide for him and his assistants such office and laboratory rooms as may be necessary to the performance of their duties. He shall have power to appoint such qualified assistants as may be necessary to the execution of this act, who shall be competent, scientific, and practical entomologists, and to fix a reasonable compensation for their labor, and their acts, done in pursuance of his instructions, shall have the same validity as his own. He shall pay over to the State treasurer all the funds coming into his hands under the provisions of section 2 of this act, with an itemized statement of the sources whence received. He shall certify to the State auditor the amount of his expenses and of those of his assistants, and of the salaries of his assistants employed under this act, less the sums received under section 1 of this act, and the auditor shall thereupon draw his warrant upon the State treasurer for the amount, which shall be paid out of the funds provided for carrying this act into effect. The State entomologist shall make to the governor a biennial report of his operations under this act, together with a financial statement in detail as a part of his report as State entomologist, and he shall also make each year to the State Horticultural Society, at its annual meeting, a statement showing the Illinois nurseries inspected, the num- ber and kinds of certificates issued, the location and ownership of the premises treated or disinfected by him or his assistants, the kinds and amount of property destroyed by him in pursuance to this act, and such other facts concerning the operations of his office under this act as the executive committee of said horti- cultural society may request. § 6. There is hereby appropriated to the State entomologist for the salaries of assistants and for expenses incurred under this act the sum of eight thousand dollars ($8,000) for the years 1899 and 1900, or so much thereof as may be necessary. The auditor of public accounts is hereby authorized to draw his warrant upon the State treasurer against the sums herein appropriated upon the presentation of proper vouchers, and the State treasury [treasurer] shall pay the same out of any funds in the public treasury. § 7. Whereas an emergency exists, therefore this act shall take effect and be in force from and after its passage. Approved April 11, 1899. INDIANA. Chapter 138, General Laws of 1899. An Act to provide for the inspection of nursery stock and to prevent the dissemination of the San Jose scale and other dangerously injurious insects and plant diseases, and for the appointment of a State entomologist, defining his powers, prescribing his duties, and fixing his compensation ; also defining the crimes for the violation of this act, and prescribing the punishment therefor, and making an appropriation for the same, and declaring an emergency. Section 1 . Be it enacted by the general assembly of the State of Indiana, That all nurseries in Indiana where trees, shrubs, vines, plants, or other nur- sery stock are grown and offered for sale, shall be inspected by the State ento- mologist at least once each year, not earlier than .Tune 1 nor later than October 1, at such times as he may elect, and he shall notify in writing the owners of 7418 — No. 61 m- 4 50 LAWS AGAINST INJURIOUS INSECTS. such nurseries, the secretary of the State board of agriculture, the director of the State agricultural experiment station, and the president of the State horti- ■< cultural society of the presence of any San Jose scale or other destructively . injurious insect or fungi on trees, shrubs, vines, plants, or other stock of such 5 nurseries, and shall notify in writing the owner of any affected stock that he is required on or before a certain day to take such measures for the destruction of such insects or fungus enemies of nursery stock as have been shown to be ef- j fectual for this purpose. Sec. 2. For the purpose of carrying this act into effect the governor is hereby | authorized to appoint a State entomologist, who shall hold office for four years, 3 unless sooner removed by the governor for cause, whose duty it shall be to inspect nursery stock and other plants, as provided for in this act, and the said State entomologist or his assistants are hereby empowered with authority to enter ' upon any premises and examine all plants whatsoever in discharge of the duties | herein prescribed. Sec. 3. Any person or persons who shall obstruct or hinder said State ento- i mologist or his assistant in the discharge of their duties shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten or - more than twenty-five dollars. Sec. 4. [Refers to the compensation of the State entomologist.] Sec. 5. The owner of any affected nursery stock shall, within the time speci- fied, take such steps for the destruction of San Jose scale or other destructively injurious insects or fungus enemies present as will exterminate the same, and it i shall be a misdemeanor to ship or deliver any of such stock, punishable by a \ fine of twenty-five dollars ($25) for every such offense, the fine recoverable ! before a justice of the peace, or by indictment of the grand jury of the county ; in which the nursery is situated, or of that to which such stock may have been j shipped. Sec. 6. Whenever a nurseryman or seller of trees, shrubs, vines, plants, or other nursery stock, who is a resident of this State, shall ship or deliver any jj such goods, he shall send on each package so shipped or delivered a written or printed certificate stating that such stock has been examined by a State or Gov- i eminent entomologist and found, to the best of his knowledge and belief, to be free from San Jose scale or other destructively injurious insects or fungus ene- mies. Failure to furnish such certificate or furnishing a false certificate shall render him liable to the penalty of a fine of twenty-five dollars ($25.00) for each and every shipment or delivery without such certificate. Sec. 7. When the State entomologist or his assistant examines any trees, shrubs, vines, plants, or other nursery stock in this State, under the provisions i of this act, and finds such nursery stock apparently free from San Jose scale and other destructively injurious insect and fungus enemies, he is hereby author- ized and directed to make out and deliver, in writing, to the owner of such stock a certificate stating that he has inspected such stock and found the same to be apparently free from San Jose scale and other destructively injurious insect and fungus enemies, and he shall file similar certificate with the secretary of the State board of agriculture, the president of the State horticultural society, and the director of the State agricultural experiment station, which certificates shall at all times be subject to public inspection. Sec. 8. Whenever a nurseryman, fruit grower, or agriculturist in this State shall know or have good reasons to believe that his trees, shrubs, vines, or plants |f are affected with San Jose scale, yellows, rosette, or other destructive insects or fungus enemies, he shall have the privilege, and it shall be his duty, to notify the State entomologist, who shall proceed in person or by his assistant to ex- IOWA. 51 amine the same without delay and advise the proper remedies for the destruc- tion of such insect or fungus enemies that may be present. In case the owner or owners or persons in control of said affected trees, shrubs, vines, or other plants do not apply the proper remedies recommended by the said State entomolo- gist within a certain specified time, said owner or owners or persons in control of, shall be liable to a fine of not more than twenty-five dollars ($25) nor less than ten dollars ($10) and costs, in the judgment of the court, for every such offense, the fine to be recoverable in the same manner as that provided for in 1 section 5 of this act : Provided, That in case of an objection to the findings of the State entomologist an appeal may be taken to the circuit court of the proper county, whose decision shall be final ; said appeal must be taken within three days and shall operate as a stay of proceedings until it is heard and decided. Sec. 9. Every package of trees, shrubs, vines, plants, or other nursery stock ! shipped into this State from another State shall be plainly labeled on the out- : side with the name of the consignor, the name of the consignee, and a certifi- ! cate bearing the current year’s date, signed by a State or Government inspector, showing that the contents have been examined by him and that, to the best of i his knowledge and belief, such stock is free from San Jose scale or other de- i structive insect or fungus enemies. Sec. 10. Whenever any trees, shrubs, vines, or other plants are shipped into ! this State without such certificate plainly fixed on the outside of the package, ! box, or car containing the same, the fact must be reported within twenty-four j hours to the State entomologist by the agent of the railway, express, or steam- j boat company or other person or persons carrying or receiving the same, and ! any agent of any railway, express, or steamboat company or mail carrier, or any other person or persons who shall violate the provisions of this section shall I be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined I in any sum not less than twenty-five ($25) nor more than one hundred dollars ($100) and costs, or imprisonment in the qcuinty jail not less than five (5) nor more than thirty (30) days, or may be so fined and imprisoned in the discretion of the court, and any such fines collected under the provisions of this act shall be paid over to the State treasurer. On notification of the receipt of such uncertified package or packages of trees, shrubs, vines, or other plants, the State entomologist shall examine or cause to be examined said package or packages at the expense of the express, railway, steamboat companies or other person or persons carry- ing the same, and if found to be free from all injurious insects and plant dis- eases, he may allow them to pass to their destination; otherwise he shall cause the same to be burned and destroyed. But in no case shall the agent of the rail- way or other transportation company allow said package or packages to pass out of his possession under penalty until the same has been duly inspected by the State entomologist or his agent. Sec. 11. [Refers to the appropriation for carrying the laws into effect.] IOWA. An Act to prohibit the bringing into the State of any nursery stock infested with the San Jose scale ; to provide for the punishment thereof, and to prevent the spread of the scale within the State. [Additional to Title XII of the Code, pertaining to the police of the State.] Be it enacted by the general assembly of the State of Iowa: Section 1. State entomologist— -Assistants — Fees. The entomologist of the State experiment station is hereby constituted the State entomologist and charged with the execution of this act. He may appoint such qualified assistants 52 LAWS AGAINST INJURIOUS INSECTS. as may be necessary, fix a reasonable compensation for their labor, and pay the same, and their acts shall have the same validity as his own. He shall, by him- self or his assistants, between the first day of June and the fifteenth day of September, in each year, when requested by the owner or agent, or where he has reasonable grounds to believe the scale exists, carefully examine any nursery, fruit farm, or other place where trees or plants are grown for sale, and if found apparently free from the scale he shall issue his certificate stating the facts, and shall collect therefor a fee of not less than five dollars nor more than fifteen dollars, according to the amount of stock inspected. It shall be unlawful to sell or offer for transportation any nursery stock outside the county where said nursery stock is grown, unless accompanied by a copy of this certificate. Sec. 2. Quarantine — Treatment — Collection of cost. The State entomologist shall have authority, when requested by the owner or agent or when he has reasonable grounds to believe the scale exists, to enter upon any grounds, pub- lic or private, for the purpose of inspection, and if he finds any nursery, orchard, garden, or other place infested by the scale he may, by himself or his assistants, enter upon such premises and establish quarantine regulations. If, in his judgment, the scale may be eradicated by treatment he may, in writing, order such treatment, and prescribe its kind and character. In case any trees, shrubs, or plants are found so infested that it would be impracticable to treat them he may order them burned. A failure for ten days after the de- livery of such order to the owner or persons in charge to treat or destroy such infested trees or plants, as ordered, shall authorize the entomologist to perform this work by himself or his assistants, and to ascertain the cost thereof. He shall certify the amount of such cost to the owner or person in charge of the premises, and if the same is not paid to him within sixty days thereafter he shall certify the amount to the county auditor, who shall spread the same upon the tax books, to be collected as other taxes are, and turned over to the ento- mologist to become a part of the funU* for carrying this act into effect. Sec. 3. Inspection of nursery stock shipped into State. Where nursery stock is shipped into this State, accompanied by a certificate, as herein provided, it shall be held prirna facie evidence of the facts therein stated, but the State ento- mologist, by himself or his assistants, when they have reason to believe such stock is infested with the scale, shall be authorized to inspect the same and sub- ject it to like treatment, as provided in section two of this act. Sec. 4. Certificate of inspection — Penalties. It shall be unlawful for any per- j son, firm, or corporation to bring into the State any trees, plants, vines, cuttings, and buds, commonly known as nursery stock, unless accompanied by a certifi- cate of inspection by a State entomologist of the State from which the shipment was made, showing that the stock has been inspected and found apparently free from the scale. Any person violating or neglecting to carry out the provisions of this act, or offering any hindrance to the carrying out of this act, shall be adjudged guilty of a misdemeanor, and upon conviction before a justice of the peace shall be fined not less than ten dollars nor more than one hundred dol-; lars for each and every offense, together with all the costs of the prosecution, and shall stand committed until the same are paid. All amounts so recovered shall be paid over to the State entomologist and added to the fund herein pro- ' vided for carrying out the provisions of this act. Sec. 5. Compensation. The State entomologist shall be allowed and paid for - his services while engaged in this work all his necessary traveling expenses and the sum of $5 per day. All funds coming into his hands shall be paid over to the State treasurer, with an itemized statement of the source whence received, i lie shall certify the amount of his expenses and per diem to the auditor of KENTUCKY. 58 | state, who shall thereupon draw his warrant upon the treasurer of state for the ! amount, which shall be paid out of the funds provided for carrying this act into effect. Sec. 6. Appropriation. There is hereby appropriated out of any money not [ otherwise appropriated the sum of one thousand dollars ($1,000), or so much I thereof as may be necessary for carrying out the provisions of this act. Approved, April 12, 1898. KANSAS. There is at present no law in Kansas relating to the control of injurious insects. KENTUCKY. Laws of 1897. An Act to provide for the inspection of nursery stock and to prevent the dissemination of noxious insects and fungi. § 1. That all nurseries in Kentucky where trees, vines, plants, or other nur- sery stock are grown and offered for sale shall be inspected by the entomologist and botanist of the State agricultural station once each year at such time as he may elect, and he shall notify, in writing, the owners of such nurseries, the com- missioner of agriculture and statistics, the director of the State agricultural experiment station, and the president of the State horticultural society of the presence of any San Jose scale or other destructively injurious insects or fungi on the trees, vines, plants, or other stock of such nurseries, and shall also notify, in writing, the owner of any affected stock that he is required, on or before a certain day, to take such measures for the destruction of such insects or fungus enemies of nursery stock as have been shown to be effectual for this purpose. Said entomologist and botanist shall, for the purposes of this act, be, and he is hereby declared to be, the State entomologist, and shall serve without pay other than that he may receive as an officer of the State agricultural experi- ment station, but his expenses shall be paid as hereinafter provided. § 2. The owner of this affected nursery stock shall, within, the time specified, take such steps for the destruction of San Jose scale or other destructively injurious insect or fungus enemies present as will exterminate the same, and it shall be a misdemeanor to ship or deliver any of such stock, punishable by a fine of fifty dollars for every such offense, the fine recoverable before a justice of the peace, or by indictment by a grand jury of the county in which the nursery is situated, or of that to which such stock may have been shipped. § 3. Whenever a nurseryman or seller of trees, vines, plants, or other nursery stock, who is a resident of this Commonwealth, shall ship or deliver any such goods, he shall send on each package so shipped or delivered a written certificate, signed by him, stating that the whole and every part of such stock has been examined by a State or Government entomologist and found free from San Jose scale or other destructively injurious insect or fungus enemies. Failure to furnish such certificate, or furnishing a false certificate, shall render him liable to the penalty of a fine of fifty dollars for each and every such shipment or delivery without such certificate. § 4. When the State entomologist examines any trees, vines, plants, or other nursery stock in this State under the provisions of this act,, and finds such 54 LAWS AGAINST INJURIOUS INSECTS. nursery stock free from San Jose scale and other destructively injurious inseci and fungus enemies, he is hereby authorized and directed to make out and! deliver, in writing, to the owner of such stock a certificate stating that he has! inspected such stock and found the same free from San Jose scale and othe| destructively injurious insect and fungus enemies, and he shall file similau certificates with the commissioner of agriculture and statistics and with thdj president of the State Agricultural and Mechanical College, which certificate! shall at all times be subject to public inspection. § 5. Whenever a nurseryman, fruit grower, or agriculturist in this Common j wealth shall know or have good reason to believe that his trees, vines, or plant! are affected with San Jose scale, yellows, rosette, or other destructive insect oi| fungus enemies, he shall have the privilege, and it shall be his duty, to notify th the peace of this Commonwealth, and said justice shall issue a summons fol the consignee of such package, and the agent of the consignor, if he be known to appear before him on a certain day, to be therein named, to show cause whjl such trees, vines, plants, or other nursery stock should not be seized, as beinll in. violation of the provisions of this act, and on trial thereof, if said justice b satisfied that the provisions of this act have been violated, he shall order sue! agent or consignee to return such package of trees, vines, plants, or other stoclj immediately to the shipper or consignor, unless said consignee or agent shal l forthwith, and at his own expense, have such trees, vines, plants, or otlie! nursery stock examined by the State entomologist, or such person as he majl appoint to make the examination, and he certifies to the justice of the peac that such nursery stock is free from San Jose scale or other destructive insed or fungus enemies. If such consignee or agent fail to have such inspection made, or fail to return such packages to the shipper or consignor thereof, thej the justice of the peace shall order and direct the constable or sheriff to bur: and destroy, at the expense of the agent or consignee, all such trees, vine? plants, or other stock as have been shipped into this Commonwealth in violatio: 1 of law. § 7. The sum of five hundred dollars annually, or so much thereof as may b necessary, is hereby appropriated for the purpose of paying the expenses cn the State entomologist in the performance of his duties under the provisions a this act, and the auditor of public accounts is hereby directed to honor requis tions made by said State entomologist for expenses incurred in the performanc of his duties, and the State entomologist shall make annual report to thj treasurer of the amount expended. §8. Inasmuch as the insect known as the San Jose scale has appeared i some sections of this Commonwealth, and great destruction of fruit and fruij trees is imminent, therefore an emergency is declared to exist, and the act shal take effect from and after its passage and approval by the governor. Approved May 20, 1897. LOUISIANA. 55 LOUISIANA. Act No. (5. An Act to provide for the establishment and organization of a State crop pest commis- sion and to define the duties and powers of the same ; to fix penalties for the violation of any of the rules, orders, ordinances, and regulations thereof ; to make it a misde- meanor for any person, firm, or corporation to bring into this State or have in pos- session, except certain persons, any living Mexican boll weevil in any of its stages, and providing a penalty therefor ; to provide for the publication and distribution of all the proceedings and recommendations of said commission ; to authorize said commis- sion to restrain, by injunction or otherwise, any violations, or threatened violations, of its orders, rules, ordinances, and regulations, and to prohibit any court of the State from bonding the same prior to trial on the merits ; to make it the duty of the attor- ney-general and district attorneys to represent said commission and the sheriff to serve all papers for said commission ; to provide for the payment of all fines and for- feitures for violations of the orders, rules, ordinances, and regulations of said com- mission to the State treasurer, and by him to he placed to the credit of said commis- sion ; to relieve said commission of the necessity of giving bond or security in any legal proceedings which it shall institute or defend in any court of .justice in this State ; to make an appropriation to carry out the provisions of this act and to repeal all laws or parts of laws inconsistent or in conflict with the same. Section 1. Be it enacted by the general assembly of the State of Louisiana, That a State crop pest commission for the State of Louisiana is hereby created and established, to consist of the governor as ex officio chairman, the commis- sioner of agriculture, the director of the State experiment station, the station entomologist, and two experienced resident cotton planters, the latter to be appointed by the governor, and every four years thereafter, and who shall serve for four years and until their successors are duty appointed and qualified. The station entomologist and the two planters shall be commissioned and shall qual- ify in the same manner as provided by the constitution and laws of the State for all other officers. Said commission shall have its domicile at Baton Rouge and shall hold its first session at said place immediately after the promulgation of this act, and at such other times and places as may be designated by said com- mission. At any meeting of said commission any three members shall consti- tute a quorum to transact business. The members of said commission, not salaried under the State government, shall receive the sum of five ($5) per day for each day consumed in going to and returning from any of the meetings of said commission, and while in attendance thereon, and necessary traveling ex- penses, which amount shall be paid by the State treasurer on the voucher of the member, approved by the governor, out of any funds to the credit of said com- mission. Said commission shall elect one of its members secretary, and shall appoint such other assistants as may be necessary to carry on the work of said commission, and shall fix their compensation. Sec. 2. Be it further enacted, etc., That for the purpose of carrying out the rules, ordinances, orders, and regulations of said commission, as hereinafter provided, the commissioner of agriculture shall be the active chairman of said commission, and as such shall see that all the rules, ordinances, orders, and regulations of the same are faithfully executed ; and in addition to such duties, the active chairman shall have the power, during the interval between the meetings of said commission, and when the same is not in session, to issue all orders, and to take all necessary steps, by suit or otherwise, to execute the laws of the State on the subject-matter delegated to said commission, and to carry out the rules, ordinances, orders, and regulations of said commission made thereunder ; and he may, in his discretion, call special meetings of said com- mission whenever, in his opinion, an emergency shall require it: Provided, 56 LAWS AGAINST INJURIOUS INSECTS. That in all cases where two or more members shall demand the same it shall be his duty to convene the same in special session. Sec. 3. Be it further enacted, etc., That said commission shall have full and plenary power to deal with all crop and fruit pests and such contagious and infectious crop and fruit diseases as, in the opinion of the commission, may be prevented, controlled, or eradicated ; and with full power and authority to make, promulgate, and enforce such rules, ordinances, orders, and regulations, and to do and perform such acts as, in their judgment, may be necessary to control, eradicate, and prevent the introduction, spread, or dissemination of the Mexican boll weevil in the State, and all other injurious crop and fruit pests and diseases as far as may be possible, and all the rules, ordinances,] orders, and regulations of said commission shall have the force and effect of i law so far as they conform to the general laws of the State and the United States. Said commission, in the exercise of the power and authority hereby] delegated, shall have authority to prohibit the shipment or bringing into this State of any cotton seed or other articles of farm produce, or any other article of any nature or character whatsoever from any State, Territory, or foreign country, or consigned from points within any State, Territory, or foreign country, where the boll weevil or any other infectious or contagious crop or fruit] disease exists, except under such rules and regulations as may be adopted by 1 said commission. Sec. 4. Be it f urther enacted, etc., That any firm, person, or corporation, I except a duly recognized State or Federal entomologist, who shall bring into 9 this State, or have in possession, for any purpose, any living Mexican boll i weevil, cotton boll, square, plant, or seed containing the. Mexican boll weevil, I whether adult or in the pupal, larval, or egg state, shall be deemed guilty of a j misdemeanor, and shall, upon conviction, be fined not less than twenty-five nor more than one thousand dollars for each offense, or be imprisoned for not less! than ten days nor more than six months. Prosecutions under the provisions of this section may be instituted and carried on in any parish where any person, ] firm, or corporation may be found with, or shown to have had in possession, I any living Mexican boll weevil, cotton boll, square, plant, or seed containing the a Mexican boll weevil, whether adult or in the pupal, larval, or egg state. Sec. 5. Be it further enacted, etc., That any person, firm, or corporation violating J any of the rules, ordinances, orders, or regulations of said commission shall be i guilty of a misdemeanor, and shall, upon conviction thereof, be punishable by a . fine of not less than twenty-five nor more than one thousand dollars, or impris- ] onment for not more than six months nor less than thirty days. All prosecu- i tions under this act shall be commenced and carried on in any parish of the I State affected by the violation of said orders, ordinances, rules, and regulations, ij and the said commission may enjoin any threatened or attempted violations of : its rules, orders, ordinances, and regulations in any court of competent juris- ;i diction, or take any other civil proceedings necessary to carry out and enforce : the purposes of this act ; and no court of this State shall have the right pre- | vious to final trial to set aside said injunction on bond. It shall be the duty of the attorney-general and the various district attorneys to represent said com- | mission whenever called on to do so ; and said commission in the discharge | and enforcement of the duties and powers herein delegated may send for books and papers, swear witnesses, etc. ; and it is hereby made the duty of the various r sheriffs throughout the State to serve all papers, summons, etc., that may be delivered to them by said commission. Sec. 0. Be it further enacted, etc., That said commission at their first session shall prepare and publish a list of dangerous crop and fruit pests and infectious and contagious plant diseases known or suspected to be present within the State LOUISIANA. 57 or liable to be introduced, and may at any subsequent meeting extend or amend said list. The commission shall also publish methods for exterminating such pests or infectious diseases as they may deem capable of being exterminated within the boundaries of the State, and for suppressing such as can not be exterminated and for preventing the spread of such pests or diseases within the State ; and for the purpose of disseminating knowledge concerning contagious diseases or injurious pests affecting crops, plants, trees, etc., and the remedies, preventives, and disinfectants applicable thereto, the commission shall from time to time, as they may deem necessary, have printed and distributed bulletins containing such information, remedies, preventives, and disinfectants as they may approve, including also the rules, orders, ordinances, and regulations of said commission, which said bulletins shall be printed and distributed to all interested persons under the direction and supervision of the Louisiana State board of agriculture and immigration. When the said commission has reason to suspect that any pest or plant disease listed by them as dangerous, exists in any parish of the State, they shall cause such suspicion to be verified by a person competent to determine the specific identity of such crop pests or disease of plant, and if such suspicion prove well founded, the inspector of said commission shall immediately take charge of said infected property and adopt such measures for the treatment or extermination of same as the commission may direct. Any duly authorized agent of the commission shall have authority to inspect any building, warehouse, depot, or place where any property is located, or premises or field supposed to be infested by any crop pest or disease listed and pub- lished as such by the said commission, and if, in the opinion of the entomologist selected by said commission, it shall be necessary to destroy the property so infested so as to prevent the further spread of said injurious crop pest or dis- ease, he shall have authority to destroy said property, and the commission shall have the right to fix a compensation to be awarded the owner thereof. If the owner should be dissatisfied with the amount allowed by said commission as compensation for the property destroyed, he shall have the right to appeal to the court of the parish in which such property is destroyed, but in no case shall any contest as to the value of the property to be destroyed suspend action by the commission in inforcing their rules, orders, ordinances, and regulations. Any one who shall seek to prevent any inspection under the direction of said commission, or who shall otherwise interfere with the agents or employes of said commission while in the performance of their duties, shall, upon con- viction, be fined not less than twenty-five dollars nor more than five hundred dollars for each offense, or may be imprisoned for not less than ten nor more than thirty days. Prosecution under the provisions of this section shall be instituted in any parish of the State in which the offense is committed. Sec. 7. Be it further enacted, etc., That all fines collected from prosecutions under the provisions of this act shall be paid to the State treasurer and by him placed to the credit of said commission. Sec. 8. Be it further enacted, etc., That said commission shall not be required to give any bond or security in any legal proceedings which it shall institute or defend in any court of justice in this State. Sec. 9. Be it further enacted, etc., That for the purpose of carrying out the provisions of this act the sum of $25,000, or so much thereof as may be necessary, is hereby appropriated, out of any funds in the treasury not otherwise appro- priated, and shall be paid by the State treasurer upon properly authenticated vouchers signed by the president or secretary of said commission. Sec. 10. Be it further enacted, etc., That all laws or parts of laws in conflict or inconsistent with this act be, and the same are hereby, repealed. Approved December 15, 1903. 58 LAWS AGAINST INJURIOUS INSECTS. Rules and Regulations of the State Crop Pest Commission of Louisiana; Section 1. Be it declared, ordained, and ordered, That the following insect! are hereby declared to be dangerous crop and fruit pests : (a) The Mexican boll weevil ( Anthonomus grandis). (&) The San Jose scale ( Aspidiotus perniciosus ) : Provided, however, Thai this commission may, from time to time, declare other crop and fruit pests ad diseases to be dangerous. Sec. 2. Be it further ordained and ordered. That in order to prevent the intro duction of the Mexican boll weevil into the uninfested part of the State o J Louisiana from the State of Texas and from the infested portion of Louisiana where the boll weevil is now known to exist, a quarantine is hereby declare* to exist against the State of Texas and against the following parishes o ! Louisiana, to wit: Bossier, Caddo, Calcasieu, Cameron, De Soto, Grant, Natchi toches, Rapides, Red River, Sabine, Vernon, Winn. (a) That no cotton seed, seed cotton, cotton-seed hulls (except such cotton seed hulls as are packed, shipped, and handled in a manner approved by thi commission when formal permit for their shipment has been issued by thi ; commission, such permit to accompany shipment when consigned to any poid in the noninfested portion of Louisiana), or cotton-seed sacks or seed-cotto; sacks shall be shipped into the uninfested portion of Louisiana from the Statj of Texas or from the infested parishes of Louisiana as above enumerated. (b) That the quarantine hereby declared may, from time to time as the necesl sity may arise, be extended to include counties in any State or Territory o parishes in the State of Louisiana, or elsewhere. All railroads, steamboats, express companies, and other common carrierl i entering the State of Louisiana from the State of Texas or from the infeste parishes of this State are especially enjoined to comply with the requirement of this order and of the laws of the State of Louisiana governing same. Sec. 3. Be it further declared, ordained, and ordered, That no person, firn or corporation, except a duly authorized State or Federal entomologist, sha bring into or have in his possession in the uninfested portion of the State c ; Louisiana, for any purpose whatever, any living Mexican boll weevil or cottoj boll, square, plant, or seed containing the Mexican boll weevil, whether adu or in the pupal, larval, or egg state ; and any such person, firm, or corporatio! violating this provision of the act of the legislature shall, on conviction, an prescribed by section 4 of Act No. 6 of the extra session of the legislature, aj proved December 15, 1903, be fined not less than twenty-five dollars nor moi ; than one thousand dollars for each offense, or imprisoned for not less than p days nor more than six months. Sec. 4. Be it f urther declared, ordained, and ordered, That the experimen station entomologist shall be the entomologist of this commission ; and it j hereby made his duty, with the assistance of the inspectors hereafter provide for, to carry out and enforce the provisions of Act No. 0 of the extra session <1 the legislature of the State of Louisiana, approved December 15, 1903. 1 the enforcement of the said act of the legislature he shall have the right, an it is hereby made his duty whenever the public exigencies require it, to pr vent the bringing into or carrying through the State of Louisiana of any of tl property, articles, or things hereby quarantined against, and to condemn ar! cause the same to be destroyed, as well as condemn and cause to be destroy*! t all other property, premises, or fields in this State infested with the Mexicrf boll weevil or other seriously injurious insect or disease. The district attorneys throughout the State are hereby especially enjoined i . LOUISIANA. 59 aid and assist this commission in carrying out the provisions of Act No. 0 of the extra session of the legislature of this State, approved December 15, 1903, as is made their duty by section 5 of said act. Sec. 5. Be it further declared, ordained, and ordered, That, in addition to the entomologist of this commission, the executive committee of this commission may, and is hereby, given power and authority to appoint necessary assistant entomologists, who shall perform such duties as may be assigned to them by the entomologist of this commission, and who shall be under his supervision and . con trol, and shall be subject to removal or dismissal by the executive committee of this commission whenever, in its opinion, it may deem advisable to dispense with their services ; such assistant entomologists shall receive and be paid such a salary as may be fixed by the executive committee, payable by the State treas- urer on the voucher of the secretary of this commission, approved by the gov- ornor, out of any funds to the credit of the commission. Sec. 6. Be it further declared, ordained, and ordered, That as many inspectors as may be necessary be appointed by the executive committee of this commis- sion ; such inspectors shall perform their duties under the direct supervision and control of the entomologist of this commission. Each inspector shall receive such a salary for his services as the executive committee may fix, payable monthly by the State treasurer out of any funds to the credit of said commission, on the voucher of the secretary of the commission, approved by the governor. Inspectors shall be liable to removal or dismissal by the entomologist of this commission whenever, in his opinion, it may be advisable to dismiss or remove them. It is hereby made their duty to prevent the bringing into or through the State of Louisiana any of the articles, property, or things hereby quarantined against, and to prevent the shipment or removal, from any infested place in this State to any place in this State not infested, of any of the articles, property, or things which it is hereby declared shall not be removed ; and, acting under the authority and control of the entomologist of this commission, and whenever deemed necessary by him, to destroy any and all such property, as well as any and all growing crops, fields, premises, and other property which may be infested with the Mexican boll weevil or other seriously injurious insect or disease. It is hereby further made their duty to cause the arrest of any and all persons guilty of violating any of the rules, orders, and regulations of this commission, as well as any of the provisions of Act No. 6 of the extra session of the legislature of the State of Louisiana, approved December 15, 1903. Sec. 7. Be it further declared, ordained, and ordered. That compensation, when paid for property destroyed, shall be fixed by this commission in the man- ner provided by section G of act No. G of the acts of the legislature of this State, approved December 15, 1903. Sec. 8 (as amended November 7, 1905). (a) No firm, person, or corpora- tion shall sell, ship, exchange, deliver or give away, within the State of Louisi- ana, any trees, vines, shrubs, buds, cuttings, or plants, or parts of plants, known to be infested with the San Jose scale. (b) All nursery stock shipped into this State from any other State or country shall be prominently labeled with a certificate of inspection signed by the State entomologist or other duly authorized official of the State or country in which said stock was grown. Shipments not so labeled shall be liable to confiscation upon the order of the entomologist of the crop pest commission. (c) Transportation companies and their agents shall immediately notify the secretary of the crop pest commission (Shreveport, Louisiana), when by over- sight, negligence, or otherwise, any shipment of nursery stock without a proper certificate attached, shall arrive at any station or wharf in this State, and it LAWS AGAINST INJURIOUS INSECTS. 60 shall be the duty of the secretary to proceed as speedily as possible, by himself or his assistant, to investigate and dispose of such shipment. (d) The entomologist and his assistants shall have authority to inspect any shipment of nursery stock at any station or wharf in this State, and shall have authority to stop any nursery stock when in transit, for the purpose of inspect- ing the same, regardless of whether such stock shall bear a certificate of inspec- tion or not. The entomologist shall have authority to seize, condemn, and; destroy any nursery stock infested with San Jose scale, or other seriously in- jurious insect or disease, found within the confines of this State. (e) Each any every person, firm, or corporation growing nursery stock for sale in this State shall apply to the secretary of the crop pest commission for inspection on or before July 1 of each year. It shall he the duty of the secretary to inspect such nursery not later than November 1st. If upon such inspection the nursery stock and premises he found apparently free from the San Jose scale, and other seriously injurious insects and plant diseases, a certificate shall be given to that effect. On and after August 1, 1905, a copy of said certificate bearing the seal of the crop pest commission and the facsimile signature of the secretary, shall be attached to each and every box, bundle, and package of nursery stock shipped within this State. Shipments of nursery stock not so labeled shall be refused for shipment by all common carriers and their agents, and such stock, if found in transit or in the possession of any common carrier by the entomologist or his assistants, shall be liable to confiscation. (f) No firm, person, or corporation shall sell, give away, exchange, or deliver within this State any trees, vines, shrubs, or plants, commonly known as nursery stock, without same having attached thereto in a prominent manner, a copy of the certificate of inspection signed by the secretary of the State crop pest commission, or by the State entomologist, or other duly authorized official of the State or country in which said nursery stock was grown. (g) The entomologist of the commission shall have power to require any one in the State to fumigate his trees, shrubs, or plants with hydrocyanic acid gas or other substance, when, in his judgment, such treatment is necessary or advisable for the proper protection of the agricultural or horticultural interests of the State or of any section thereof. Sec. 9. Be it further declared, ordained, and ordered, That these rules and orders be, and the same are hereby, ordered to become operative and to take effect at once ; and all previous rules and regulations, or parts thereof, in con- flict herewith are hereby repealed. The rules and regulations of the crop pest commission shall be published at such times and in such manner as the commis- sion may deem necessary and expedient. Adopted October 23, 1905. MAINE. Section 1. All nurseries or places where trees, shrubs, vines, and plants are grown or offered for sale shall be inspected at least once a year by a competent entomologist to be employed by the commissioner of agriculture ; and if no dan- gerous insects or diseases are found a certificate to that effect shall be issued by the said commissioner of agriculture ; said certificate shall contain also the name of the entomologist and the date when said examination is made. The entomologist employed for this purpose shall report in writing imme- diately the results of his examination. Any proprietor or owner of nurseries or places where trees, shrubs, vines, and plants are found to be infected with dangerous insects or diseases shall be noti- MAINE. 61 fied of the same by the commissioner of agriculture at once ; such proprietor, owner, or his agents are hereby prohibited selling or offering for sale such trees, shrubs, or plants unless the same have been fumigated or otherwise treated under the direction of the commissioner of agriculture, and such trees, shrubs, or plants shall bear a certificate of the same. Any violation of this requirement shall be fined not more than fifty dollars for each and every offense. Sec. 2. All nursery stock shipped into this State from any other State, country, or province shall bear on each box or package a certificate that the contents of said box or package have been investigated by a duly authorized inspecting officer, and that said contents appear to be free from all dangerous insects or diseases. In case nursery stock is brought into the State without such a certifi- cate the consignee shall return it to the consignor at the expense of the latter : Provided, however, That any box or package bearing a certificate of fumiga- tion, which shall be an affidavit made before a justice of the peace, that all stock sold by the consignor has been fumigated in a manner approved by the State nursery inspector of the State from which said nursery stock is shipped, the same may be accepted as though bearing a proper certificate of inspection. Sec. 3. Any transportation company that shall bring into this State any nurs- ery stock, such as trees, shrubs, vines, cuttings, or buds, and any transportation company, owner or owners of nursery stock, or persons selling nursery stock as thus defined, who shall transport such stock or cause it to be transported within the State, the same not having attached to each box or package an unexpired official certificate of inspection or an affidavit of fumigation which shall meet the requirements specified in section one of this act, shall be guilty of a misdemeanor, and on conviction thereof be subject to a fine not exceeding one hundred dollars for each offense. I Sec. 4. It shall be the duty of the commissioner of agriculture to make full investigation of any locality when the presence of the brown-tail or gypsy moths or other injurious insects or plant diseases may be suspected. Should any person in the State suspect the presence of the brown-t&il, the gypsy moth, the San Jose scale, or other injurious insects or diseases preying upon trees, shrubs, or vines in his possession or within his knowledge, he shall forthwith notify the com- missioner of agriculture to that effect ; and it shall be the duty of said commis- sioner of agriculture to cause the said trees, shrubs, or vines to be inspected by a competent entomologist, who shall forthwith make a report of the results of his inspection. It shall be the duty of the commissioner of agriculture to dis- seminate information concerning the brown-tail moth, the gypsy moth, and other injurious insects or plant diseases. Wherever such insects or diseases may be found it shall also be the duty of said commissioner to at once proceed to exterminate or control all such insects and plant diseases as may come to his knowledge within the limits of the means at his disposal. Sec. 5. For the purpose of inspecting any trees, shrubs, or plants supposed to be infected with dangerous insects or diseases, the authorized entomologist shall have the right to enter private or public grounds, and for the purpose of extermi- nating or controlling any dangerous insects or diseases that may be found infect- ing trees, shrubs, or plants the commissioner of agriculture and his employees and municipal officers and their employees shall have the right to enter private and public grounds. Sec. 6. For the purpose of carrying into effect the provisions of this act the sums of five thousand dollars for the year nineteen hundred and five and for the year nineteen hundred and six, or such part thereof as may be necessary, are hereby appropriated. Sec. 7. In case of violation of this act it shall be the duty of the commissioner G2 LAWS AGAINST INJURIOUS INSECTS. of agriculture to enforce the penalties set down in sections one and three >f this act. Sec. 8. The statute law entitled “An act for the protection of trees and shrubs from injurious insects and diseases ” is hereby repealed. Sec. 9. This act shall take effect when approved. Approved February 28, 1905. MARYLAND. Laws of Maryland, 1898, Chapter 289. An Act to repeal sections 51, 52, 53, 54, 55, 56, 57, and 58 of Article XLVIII of the Code: of Public General Laws, title “ Inspection,” subtitle “ Trees and nursery stock," as desig- nated by chapter 290 of the Acts of the General Assembly of Maryland of 1896, and toi reenact the same with amendments, under a new subtitle, to be known as “ State! horticultural department,” and to add thereto eight new sections, to be designated 59, 59 a, 60, 61, 62, 63, 64, and 65, providing for the protection of the horticultural inter-) ests of the State by the suppression and extermination of the San Jose scale, peach- yellows, pear-blight, and other injurious insect pests and plant diseases, and to create the offices of “ State entomologist,” “ State pathologist,” and “ State horticulturist,” and to appropriate a sum of money therefor. Section 1. Be it enacted by the general assembly of Maryland , That sections 51, 52, 53, 54, 55, 56, 57, and 58 of Article XLVIII of the Code of Public Generali Laws, title “Inspection,” subtitle “Trees and nursery stock,” as passed by the general assembly of Maryland, session 1896, chapter 290, be, and the same are hereby, repealed and reenacted to read as follows: 51. That a State horticultural department be established for the State of Maryland; that its purpose is to suppress and eradicate the San Jose scale, peach-yellows, pear-blight, and other injuriously dangerous insect pests and plant diseases throughout the State of Maryland. 52. That the professor of entomology, the professor of vegetable pathology, and the professor of horticulture of the Maryland Agricultural College and Experiment Station shall be the State entomologist, State pathologist, and State horticulturist, respectively. 53. That the said horticultural department shall be under the control of the board of trustees of the Maryland Agricultural College and Experiment Station, to whom the officers created under this act shall be responsible ; that the salary of the State entomologist and State pathologist shall be fixed by the said board of trustees, and the said board shall likewise fix the compensation of any assistant or assistants, employe or employes, and control all expenses thereof. That the expenses of said department shall be paid out of an appropriation hereinafter provided for, and that said board of trustees be invested with all powers neces-i sary to carry into effect the provisions of this act; but no expenses shall be in- curred beyond the amount appropriated. 54. That it shall be the duty of said State entomologist and State pathologist, their assistants, and employes, under the control of trustees of said college, to seek out and suppress all pernicious insect pests and contagious diseases herein- before mentioned as destructive to horticultural and agricultural interests of this State, and conduct experiments when necessary to accomplish that end. 55. That in order to accomplish the purposes of this act the State entomolo- gist and the State pathologist, their assistants, and employes, or any other officer, assistant, or employe appointed by said board of trustees are hereby authorized to enter upon any public premises, parks, cemeteries, or other prem- ises, or upon any land of any firm, corporation, or private individual within the MARYLAND. 68 tate of Maryland for the purpose of inspection, destroying, treating, or experi- lenting upon the insects and diseases aforesaid. Should any insect or disease aund by said State entomologist or State pathologist, or by any other officer ppointed by said trustees, be, in their opinion, capable of eradication without lie destruction of the tree or plant, then said officers are to treat or cause to be reated with proper remedies and appliances all such trees, vines, shrubs, plants, ud grains. Further, said State officers shall treat or have treated, in order to revent the dissemination of the aforesaid insects or diseases, any and all sus- picious trees, vines, shrubs, plants, and grains found to be in a dangerous prox- mity to those infested as aforesaid. 5G. That should any of the officers aforesaid, through their assistants and mployes, or by any notification whatsoever, find any fruit trees, vines, shrubs, lants, or grains infested or diseased with the aforesaid insects or diseases, the foresaid officers shall mark or tag in some conspicuous way all trees, vines, lirubs, plants, or grains infested with the aforesaid diseases and shall give lotice in writing to the owner or owners, tenants, or person in charge of such iremises of the condition thereof, and thereupon, if such person or persons so lotified shall not within ten (10) days after notification, destroy or treat the ame in accordance with regulations and rules of said trustees, a copy of which sill be sent on application to any person, then said trustees shall, through heir officers, assistants, or employes, destroy or treat all such trees, plants, ines, shrubs, and grains, and the State officers shall file a statement of the ■xpenses of such destruction or treatment with the trustees of said college, md said trustees shall transmit a copy of such statement and account of such ‘xpenditure, with the usual affidavit attached thereto to be made by the State tfficers, which shall be sufficient evidence to prove the claim to the State’s ittorney of the county where the owner of such premises resides, and said ittorney is directed to collect the same and account to the trustees of the Mary- and Agricultural College therefor. 57. That it shall be the duty of said trustees to send the State entomologist, >r the State pathologist, or their duly authorized assistants, at least once a /ear into each county of the State for the purpose „of determining by inspection he healthfulness and general condition of the horticultural and agricultural nterests. 58. That it is hereby also made the duty of the said board of trustees, hrougk the State entomologist and the State pathologist, or their duly authorized assistants, to inspect at least once in every six (6) months all nurseries of trees, /ines, shrubs, and plants subject to the aforesaid insects or diseases within the State, and if found free, so far as can be determined by inspection, from the aforesaid insects or diseases, to give to the owner or owners, or persons in •harge of said nurseries, a certificate of inspection showing such nurseries or premises to be apparently free from such insects and diseases. If any of the aforesaid insects or diseases should be found in any nursery or orchard, or any premises within the State where nursery stock is grown, the aforesaid officers shall cause to be destroyed or treated such portion of such nursery stock or other trees or plants as in their opinion may be necessary, and shall release all other nursery stock grown upon said premises and issue a certificate of inspection to the owner or owners as herein provided for ; and if such infested or diseased trees, vines, plants, or shrubs be destroyed by the afore- said officers, then the owner shall pay the cost thereof, and if he refuse to pay the same it shall be collected as prescribed in section 56. No nurseryman, broker, agent, dealer, or other person shall be permitted to sell, ship, send out, or give away, by mail, express, freight, or otherwise, any trees, vines, shrubs, 64 LAWS AGAINST INJURIOUS INSECTS. plants, buds, or cuttings from any such nurseries or premises without accom-l panying the same with a copy of the said certificate printed upon a tag or label not easily destroyed, the same to be firmly attached in some conspicuous position upon each carload, box, bale, or package so sent out or delivered. Sec, 2. And be it enacted by the general assembly of Maryland , That the fol- lowing sections be, and the same are hereby, added to Article XLVIII of the Code of Public General Laws, title “ Inspections,” subtitle “ Horticultural depart- ment,” to be designated as sections 59, 59 a, 60, 61, 62, 63, 64, and 65. 59. That should any nurseryman, agent, broker, dealer, or other person send out or deliver within the State, or transport to any other State or Territory, or the District of Columbia, trees, vines, shrubs, plants, buds, or cuttings subject to the attacks of insects and diseases above provided for without attaching a copy of said certificate, deface or destroy said certificate, or wrongfully attach a certificate, he shall be adjudged guilty of a misdemeanor, and shall upon con- viction before any justice of the peace be fined a sum not less than ten dollars ($10.00) or more than one hundred dollars ($100.00) and costs of prosecution for each and every offense, and stand committed until such fine and costs are paid, and the fines so collected shall be paid to the trustees of the said college, and be added to the funds herein provided for carrying out the provisions of this act. 59 a. That all trees, plants, vines, shrubs, buds, or cuttings, commonly known as nursery stock, grown or handled by each and every nurseryman within this State, and subject to the attacks of the aforesaid insects or disease, shall be fumigated by the nurseryman owning the same with hydrocyanic-acid gas in buildings or enclosures inspected and approved by the aforesaid State officers under their discretion. 60. That when any trees, plants, shrubs, vines, buds, or cuttings, commonly known as nursery stock, are shipped into the State from any other State or Territory or the District of Columbia to any nurseryman, broker, dealer, agent, or other person in this State, every carload, bale, box, or package thereof shall be plainly labeled on the outside with the name of the consignor, the name of the consignee, and a certificate showing that the contents have been inspected by a qualified State or Government officer, and that the trees, plants, vines, shrubs, or cuttings therein contained are apparently free from the insects and diseases herein provided for. Whenever any trees, plants, vines, shrubs, buds, or cuttings are shipped into this State from any other State or Territory or the District of Columbia without such certificate plainly fixed on the outside of each carload, box, bale, or package, the agent of the transportation company, firm, or person receiving same shall not deliver said nursery stock to the con- signee or agent representing the consignor, and said agent of the transportation company, firm, or person shall notify the State entomologist or State pathologist at the Maryland Agricultural College, and said State officer receiving such noti- fication shall immediately notify any justice of the peace of this State to issue a summons for the consignee and the agent or consignor, if he be known, of such carload, bale, box, or package of nursery stock to appear before him on a certain day to be named therein to show why such trees, plants, vines, shrubs, buds, or cuttings should not be seized as being in violation of the provisions of this act, and on trial thereof, if said justice be satisfied that the provisions of this act have been violated, said justice shall order said agent or consignee to return such carload, box, bale, or package of trees, plants, shrubs, vines, buds, or cuttings immediately to the shipper or consignor, unless said consignee or agent of the consignor at his expense shall forthwith have said nursery stock examined by the State entomologist and State pathologist of this State and such MARYLAND. 65 officers certify to such justice of the peace that said nursery stock is appar- ently free from the insects and diseases mentioned herein, and tag every such carload, box, bale, and package inspected by said officers with their certificate of inspection ; and if said agent or consignee shall fail to have said nursery stock examined by said State officials or fail to return such carload, box, bale, or package thereof, then said justice of the peace shall order and direct the constable or sheriff to burn and destroy all such trees, plants, shrubs, vines, buds, or cuttings that have been shipped into this State in violation of this act. 61. That whenever any agent of a transportation company, firm, or person shall receive a carload, box, bale, or package of trees, plants, shrubs, vines, buds, or cuttings without a certificate attached, as provided for in section 60 of this act, and shall fail to notify the State entomologist or State pathologist of this fact immediately upon the arrival of such nursery stock, and before deliver- ing the same to the consignee, said agent of the transportation company, firm, or person shall be adjudged guilty of a misdemeanor, and shall, upon conviction before a justice of the peace, be fined a sum not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) and costs of prosecution for each and every offense, and stand committed until such fine and costs are paid ; and the fines so collected shall be paid to the trustees of said college to be added to the funds herein provided for carrying out the provisions of this act. If any nurseryman, dealer, or agent sell, ship, or deliver any trees, plants, shrubs, or vines into or in this State, which is infested with San Jose scale, peach-yellows, pear-blight, or other injurious diseases, and upon examination by the State pathologist, State entomologist, or their assistants, is condemned by being so infested, the said trees, plants, vines, and shrubs shall be destroyed, and the nurseryman, dealer, or agent shall forfeit the value of such stock, and shall not collect the same from the purchaser or consignee. 62. That the State entomologist, State pathologist, and State horticulturist shall submit annually a written report on or before the first day of February of their inspections and investigations to the board of trustees, which shall be transmitted to the governor of the State and the general assembly, and pub- lished, as are the reports of other State organizations, and distributed among the people of the State as bulletins of the Maryland agricultural experiment station. 63. That the report of the present State entomologist, including the work done by him up to the date of the passage of this act, shall be published and dis- tributed as indicated and provided for in section 62 of this act, as the first annual report of the Maryland state entomologist. 64. That the sum of ten thousand dollars the first year, and eight thousand dollars annually thereafter be, and is hereby, appropriated in order to carry out the provisions of this act and properly provide for the above-described inspec- tions ; to employ men qualified for their respective positions ; to procure the requisite facilities and equipment necessary for the proper performance of the • duties herein incurred, and to offer means of support for investigation in addi- tion to the inspection work of the State officers, and the dissemination of information that will promote the horticultural and agricultural interests of this State. 65. That the comptroller be, and that he is hereby, authorized to issue his warrant upon the treasurer of this State for the said sum of ten thousand dollars for the year eighteen hundred and ninety-eight, and the sum of eight thousand dollars annually thereafter, out of any funds not otherwise appropriated ; that the said sum of money shall be payable to the Maryland Agricultural College on or before the first of October of each fiscal year, and the first yearly payment 7418 — No. 61 m -6 66 LAWS AGAINST INJURIOUS INSECTS. shall be made during the fiscal year ending September first, eighteen hundred and ninety-eight. Sec. 3. And be it enacted , That this act shall take effect from the date of its passage. Approved April 9, 1898. MASSACHUSETTS. Acts of 1902, Chapter 495. An Act to authorize the State board of agriculture to appoint a State nursery inspector and to provide for the protection of trees and shrubs from injurious insects and dis- Be it enacted, etc., as follows: Section 1. The State board of agriculture shall annually appoint some person qualified by scientific training and practical experience, to be State nursery inspector, and he shall.be responsible to the board for the performance of his duties as prescribed in this act. The said inspector may appoint such number of deputies, not exceeding three, as he may deem necessary or expedient. Sec. 2. It shall be the duty of the State nursery inspector, either personally or through his deputies, to inspect at least once each year all nurseries or places in the State where nursery stock is grown, sold, or offered for sale, and if no dangerous insect or fungous pests are found therein a certificate to that effect shall be given. If such pests are found therein the owner of the stock shall take such measures to suppress the same as the State nursery inspector shall prescribe, and no certificate shall be given until the said inspector has satisfied himself by subsequent inspections that all such pests have been suppressed. Sec. 3. Any owners of nurseries or of places in the State where nursery stock is grown, sold, or offered for sale, who do not hold an unexpired certificate of inspection after the first annual inspection made after the passage of this act, who shall sell or otherwise dispose of nursery stock in the State, shall be sub- ject to a penalty of not less than twenty-five nor more than one hundred dol- lars for each offence. Sec. 4. Any owners of nurseries or of places in the State where nursery stock is grown, sold, or offered for sale, who shall fumigate with hydrocyanic-acid gas all stock which they sell, using at least two-tenths of a gram of potassic cyanide to every cubic foot of space contained in the box, house, or other place wherein this fumigation is performed, which place shall be gas tight, and who shall expose the said stock to the fumes of this gas of the strength aforesaid for at least forty minutes, or who shall treat the stock which they sell by some other method approved by the State nursery inspector, and who shall make affidavit before a justice of the peace that all stock sold by them has thus been fumigated or treated, and who shall attach a copy of such affidavit to each package, box, or car of stock sold, shall be exempt from the provisions of sections two and three of this act. Sec. 5. All nursery stock shipped into this State from any other State, coun- try, or province shall bear on each box or package a certificate that the con- tents of said box or package have been inspected by a duly authorized inspect- ing officer, and that said contents appear to be free from all dangerous insects or diseases. In case nursery stock is brought within the State without such a certificate the consignee shall return it to the consignor at the expense of the MASSACHUSETTS. 67 latter, or shall call the State nursery inspector to inspect the same : Provided, however, That any package or box bearing a certificate of fumigation which meets the requirements specified in section four of this act may be accepted as though bearing a proper certificate of inspection. Sec. 6. The State nursery inspector shall determine the season for inspecting nurseries and the forms of certificates to be given, but in no case shall he issue a certificate which shall continue in force after the first day of July next follow- ing the date of inspection. He or any of his deputies shall at all times have the right to enter any public or private grounds in the performance of any duty required by this act. He and each of his deputies shall receive five dollars for each day’s service required of them under this act, and the travelling and other expenses necessarily incurred in the said service. Sec. 7. A sum not exceeding one thousand dollars may be expended by the State board of agriculture in carrying out the provisions of this act. Approved June 19, 1902. Chapter 381. An Act to provide for suppressing the gypsy and brown-tail moths. Be it enacted, etc., as follows: Section 1. For the purposes of this act the pupae, nests, eggs, and caterpillars of the gypsy and brown-tail moths and said moths are hereby declared public nuisances, and their suppression is authorized and required ; but no owner or occupant of an estate infested by such nuisance shall by reason thereof be liable to an action, civil or criminal, except to the extent and in the manner and form herein set forth. Sec. 2. The governor, by and with the consent of the council, shall appoint a superintendent for suppressing the gypsy and brown-tail moths and shall deter- mine his salary. The governor may, with the consent of the council, remove said superintendent at any time for such cause as he shall deem sufficient. In case of the death, removal, or resignation of the superintendent the governor shall forthwith appoint a successor. On or before the third Wednesday in Janu- ary in each year the superintendent shall make a report of his proceedings to the general court, which shall be a public document and shall be printed. Said report shall separate so far as is practicable the expenditures on work against the gypsy moth from those on work against the brown-tail moth in each city and town. Sec. 3. The said superintendent shall act for the Commonwealth in suppress- ing said moths as public nuisances, in accordance with the provisions of this act. For this purpose he shall establish an office and keep a record of his doings and of his receipts and expenditures, and may make rules and regulations. He may employ such clerks, assistants, and agents, including expert advisers and in- spectors, as he may deem necessary and as shall be approved by the governor. He may make contracts on behalf of the Commonwealth ; may act in cooperation with any person, persons, corporation, or corporations, including other States, the United States, or foreign governments ; may conduct investigations and accu- mulate and distribute information concerning said moths ; may devise, use, and require all other lawful means of suppressing or preventing said moths ; may lease real estate when he deems it necessary, and, with the approval of the board in charge, may use any real or personal property of the Commonwealth ; may at all times enter upon the land of the Commonwealth or of a municipality, corporation, or other owner or owners, and may use all reasonable means in carrying out the purposes of this act ; and, in the undertakings aforesaid, may, 68 LAWS AGAINST INJURIOUS INSECTS. in accordance with the provisions of this act, expend the funds appropriated® or donated therefor; but no expenditure shall be made or liability incurred in® excess of such appropriations and donations. Sec. 4. Cities and towns, by such public officer or board as they shall desig-B nate or appoint, shall, under the advice and general direction of said superin-B tendent, destroy the eggs, pupae, and nests of the gypsy and brown-tail moths® within their limits, except in parks and other property under the control of the® Commonwealth, and except in private property, save as otherwise provided® herein. When any city or town shall have expended within its limits city or® town funds to an amount in excess of five thousand dollars in any one calendar® year in suppressing gypsy or brown-tail moths the Commonwealth shall reiin-B burse such city or town to the extent of fifty per cent of such excess above said® five thousand dollars. Cities or towns where one twenty-fifth of one per cent of the assessed valua-1 tion of real and personal property is less than five thousand dollars and where® the assessed valuation of real and personal property is greater than six mil-1 lion dollars shall be reimbursed by the Commonwealth to the extent of eighty'! per cent of the amount expended by such cities or towns of city or town funds! in suppressing the gypsy and brown-tail moths in any one calendar year! in excess of said one twenty-fifth of one per cent. In the case of towns where the assessed valuation of real and personal prop-1 erty is less than six million dollars, after they have expended in any one cal-1 endar year town funds to an amount equal to one twenty-fifth of one per cent! of their assessed valuation of real and personal property, the Commonwealth! shall expend within the limits of such towns, for the purpose of suppressing® the gypsy and brown-tail moths, such an amount in addition as the superintend-jl ent, with the advice and consent of the governor, shall recommend. Disburse-® ments made by said last-named towns in excess of said one twenty-fifth of one per cent shall be reimbursed by the Commonwealth every sixty days ; but I in the case of all others the Commonwealth shall reimburse cities and townsjl annually according to the provisions of this act. No city or town shall be entitled to any reimbursement from the Common- { wealth until it has submitted to the auditor of the Commonwealth itemized! 4 accounts and vouchers, showing the definite amount expended by it for tliejl purpose of this act; nor shall any money be paid out of the treasury of the Commonwealth to cities or towns, pursuant to the provisions of this act, until I said vouchers and accounts have been approved by the auditor of the Common- j wealth. For the purposes of this section the years nineteen hundred and five and ■ nineteen hundred and seven shall be considered half years, and the valuation | for the year nineteen hundred and four shall be taken as a basis. Sec. 5. When, in the opinion of the superintendent, any city or town is not expending a sufficient amount for the abatement of said nuisance, then the su- perintendent shal , with the advice and consent of the governor, order such city or town to expend such an amount as the superintendent shall deem neces- 1 sary : Provided, That no city or town where the assessed valuation of real and • personal property exceeds six million dollars shall be required to expend dur- ing any one full year more than one-fifteenth of one per cent of such valuation, and that no town where the assessed valuation of real and personal property isi less than six million dollars shall be required to expend during any one full year more than one twenty-fifth of one per cent of such valuation. For the purposes* i of this section the valuation of the year nineteen hundred and four shall be used. MASSACHUSETTS. 69 Any city or town failing to comply with the directions of the said superin- tendent in the performance of said work within the date specified by him shall pay a fine of one hundred dollars a day for failure so to do, said fine to be col- lected by information brought by the attorney-general in the supreme judicial court for Suffolk County. Sec. 6 . The mayor of every city and the selectmen of every town shall, on or before the first day of November in each year, and at such other times as he or they shall see fit, or as the State superintendent may order, cause a notice to be sent to the owner or owners, so far as can be ascertained, of every parcel of land therein which is infested with said moths, or, if such notification appears to be impracticable, then by posting such notice on said parcels of land, requir- ing that the eggs, pupae, and nests of said moths shall be destroyed within a time specified in the notice. When, in the opinion of the mayor or selectmen, the cost of destroying such eggs, pupae, and nests on lands contiguous and held under one ownership in a city or town, shall exceed one-half of one per cent of the assessed value of said lands, then a part of said premises on which said eggs, pupae, or nests shall be destroyed may be designated in such notice, and such requirement shall not apply to the remainder of said premises. The mayor or selectmen may desig- nate the manner in which such work shall be done, but all work done under this section shall be subject to the approval of the State superintendent. If the owner or owners shall fail to destroy such eggs, pupae, or nests in accordance with the requirements of the said notice, then the city or town, acting by the public officer or board of such city or town designated or appointed as aforesaid, shall, subject to the approval of the said superintendent, destroy the same, and the amount actually expended thereon, not exceeding one-half of oife per cent of the assessed valuation of said lands, as heretofore specified in this section, shall be assessed upon the said lands ; and such an amount in addition as shall be required shall be apportioned between the city or town and the Commonwealth in accordance with the provisions of section four of this act. The amounts to be assessed upon private estates as herein provided shall be assessed and collected, and shall be a lien on said estates in the same manner and with the same effect as is provided in the case of assessments for street watering. Sec. 7 . If, in the opinion of the assessors of a city or town, any land therein has received, by reason of the abatement of said nuisances thereon by said superintendent or by said city or town, a special benefit beyond the general advantage to all land in the city or town, then the said assessors shall deter- mine the value of such specific benefit and shall assess the amount thereof upon said land: Provided, That no such assessment on lands contiguous and held under one ownership shall exceed one-half of one per cent of the assessed valuation of said lands : And provided, That the owner or owners shall have deducted from such assessment the amount paid and expended by them during the twelve months last preceding the date of such assessment toward abating the said nuisances on said lands, if, in the opinion of the assessors, such amount has been expended in good faith. Such assessment shall be a lien upon the land for three years from the first day of January next after the assessment has been made, and shall be collected under a warrant of the assessors to the collector of taxes of such city or town, in the manner and upon the terms and conditions and in the exercise of the powers and duties, so far as they may be applicable, prescribed by chapter thirteen of the Revised Laws relative to the collection of taxes. 70 LAWS AGAINST INJURIOUS INSECTS. Real estate sold hereunder may be redeemed within the time, in the manner, I and under the provisions of law, so far as they may be applicable, set forth in chapter thirteen of the Revised Laws for the redemption of land sold for taxes. I A person aggrieved by such assessment may appeal to the superior court for the county in which the land lies, by entering a complaint in said court within thirty days after he has had actual notice of the assessment, which complaint shall be determined as other causes by the court without a jury. The complaint shall be heard at the first sitting of said court for trials without a jury after its entry ; but the court may allow further time, or may advance the case for speedy trial, or may appoint an auditor as in other cases. The court may revise I i the assessment, may allow the recovery back of an amount wrongfully as- 1 sessed which has been paid, may set aside, in a suit begun within three years); from the date thereof, a collector’s sale made under an erroneous assessment, i may award costs to either party and may render such judgment as justice and! equity require. If, in the opinion of the assessors, the owner of an estate upon which an 1 assessment as aforesaid has been made is, by reason of age, infirmity, or poverty,! unable to pay the assessment, they may upon application abate the same. Every city or town in rendering an account to the State auditor as provided for in section four of this act shall deduct from such amount as it has expended in excess of one twenty-fifth of one per cent or of five thousand dollars as provided in said section, the total amount it has received for work performed under sec- 1 tion six of this act during the term covered by the account : Provided, Such work was performed under such conditions as require reimbursement in whole or in part by the State. Sec. 8. To meet the expenses incurred under authority of this act there shall be allowed and paid out of the treasury of the Commonwealth, during the period I up to and including May first, nineteen hundred and seven, the sum of three « hundred thousand dollars. Of this amount seventy-five thousand dollars may be v| expended during the calendar year nineteen hundred and five ; one hundred and j fifty thousand dollars, and any unexpended balance of the previous year, may fl be expended during the calendar year nineteen hundred and six ; and seventy-five i thousand dollars, and any unexpended balance of the previous years, may be expended during the calendar year nineteen hundred and seven, up to and in- 1 eluding May first. Sec. 9. An additional sum of ten thousand dollars in each of the years nine- a teen hundred and five, nineteen hundred and six, and nineteen hundred and j seven may, in the discretion of the State superintendent, be expended by him for | experimenting with parasites or natural enemies for destroying said moths, and any unexpended balance of any year may be expended in the subsequent years, ] Sec. 10. Chapter two hundred and ten of the acts of the year eighteen hun- i dred and ninety-one and sections one and two of chapter five hundred and forty- T four of the acts of the year eighteen hundred and ninety-eight and section two I of chapter fifty-seven of the acts of the year nineteen hundred and two are I hereby repealed. Sec. 11. A person who wilfully resists or obstructs the superintendent or an I official of a city or town, or a servant or agent duly employed, while lawfully I engaged in the execution of the purposes of this act, shall forfeit a sum not ex- 1 ceeding twenty-five dollars for each offence. Sec. 12. Valuations of real and personal property of the year nineteen hundred and four shall govern the provisions of this act. Sec. 13. This act shall take effect upon its passage. Approved May 8, 1905. MICHIGAN. 71 MICHIGAN. Act 91, P. A. 1905. An Act to prevent the importation from other States and the spread within this State of dangerous insects and dangerously contagious diseases affecting trees, shrubs, vines, plants, and fruits, and to repeal all acts or part [parts] of acts that contravene the provisions of this act. The people of the State of Michigan enact: Section 1. It shall be unlawful for any person or persons, firm or corpora- tion, knowingly, to keep upon their premises, or upon premises under their con- trol or charge, any trees or fruit infected with the diseases known as peach yel- lows, rosette, or little peach, or any part of a tree infected with the diseases known as black knot or pear blight, or any tree, shrub, plant, or vine infected with any other dangerously contagious disease, or infested with the San Jose scale, cankerworm, or any other dangerously noxious insect pest. It shall also be unlawful for any person or persons, firm or corporation, knowingly, to sell or offer for sale, or to give away, any tree, shrub, plant, or vine infected or infested with any dangerously infectious disease or noxious insect, or any fruit infected with peach yellows. Sec. 2. The State board of agriculture shall, upon the passage of this act, appoint some competent person to be known as State inspector of orchards and nurseries, who shall hold office for two years, and whose duties shall be as here- inafter prescribed. He shall have power to appoint such number of deputy inspectors as may be necessary, subject to tbe approval of the State board of agriculture. Said deputy inspectors shall act under the orders of, and shall per- form such duties as may be directed by the State inspector of orchards and nurseries. The salary, or per diem, of the State and deputy inspectors shall be fixed by the State board of agriculture. Sec. 3. Any person or persons, firm or corporation, growing or offering for sale, in this State, any trees, shrubs, vines, or plants, commonly known as nursery stock, shall, on or before the first day of August in each year, apply to the Michigan State board of agriculture for the inspection of said stock under the provisions of this act and for a license for its sale. A license fee of five dollars shall be paid, and a bond for one thousand dollars, with sureties satis- factory to said board, and conditioned upon the compliance with the require- ments of this act, shall be filed. No nursery stock shall be shipped or delivered until it has been examined by the State inspector of orchards and nurseries, or a deputy inspector and has received a certificate as hereinafter provided. All growers or dealers in nursery stock shall, upon demand, file with the State board of agriculture a list of the persons to whom they have sold or delivered any nursery stock, giving the species, which list shall be for the sole use of the State inspector of orchards and nurseries and his deputies : Provided , That the pro- visions of this section shall not apply to persons engaged in fruit growing, who are not nurserymen, but desire to sell or exchange surplus fruit plants of their own growing : Provided further, That the provisions of this section shall not apply to farmers or other persons who may sell shade trees from their own wood lots. Sec. 4. No person or persons, firm, or corporation, residents of another State, Territory, province, or country, shall engage or continue in the business of selling or taking orders within this State for the sale of any trees, plants, shrubs, or vines, commonly known as nursery stock, without first obtaining from the State board of agriculture a license, as provided for in section three of this act, and 72 LAWS AGAINST INJURIOUS INSECTS. filing a certificate of inspection from a State or Government officer, or some per- son designated by the Michigan State board of agriculture. Sec. 5. The State board x>f agriculture shall, upon the receipt of the required fee and a satisfactory bond and certificate of inspection, issue a license to each applicant, whether a resident of this State or of another State, province, or country, permitting the sale of nursery stock by the holder, or by his accredited agents, for the period ending the thirty-first of July following the date upon which said license goes into effect. Sec. 6. It shall be the duty of the State inspector of orchards and nurseries to examine all nurseries in the State, at least once each year, for the presence of San Jose scale and other dangerously injurious insects and diseases. If found to be apparently free from such dangerous insects and diseases, a certi- ficate to that effect shall be given the owner, upon the payment of an inspection fee sufficient to defray the per diem of the inspector. Said certificate shall be void on the thirty-first day of July following. In case any dangerous insect or infectious disease is found upon any nursery stock the inspector shall order and enforce such treatment as may be deemed sufficient to exterminate such insects or diseases before granting a certificate. If a subsequent examination shall show the stock to be infected, or infested, the certificate may be revoked. Sec. 7. Whenever a nurseryman or other person shall ship or deliver within this State, except for scientific purposes, any trees, shrubs, plants, or vines, com- monly known as nursery stock, he shall place upon each car, box, bale, or other package a copy of a certificate of inspection, the original of which is signed by said inspector. Failure to do this, or the illegal use of said certificate by chang- ing, defacing, or placing it upon uninspected stock, or using the same after it has expired or been revoked, shall render the shipper or owner liable to the pen- alties prescribed for a violation of this act. Dealers in nursery stock purchased from other firms may, upon filing with the State inspector of orchards and nurseries duplicate copies of the certificates of inspection issued upon the stock grown by said firms, and on the payment of a fee of one dollar, receive a certifi- cate showing that the stock has been inspected. Said certificate may be used for the shipment of nursery stock that has come to them accompanied by a certificate of inspection, but for no other. Nurserymen may ship under their own certificate of inspection any stock that has come to them later than the first day of the previous August accompanied by a certificate of inspection, and, if from another State, Territory, province, or county, by a certificate of fumiga- tion as required by this act. Sec. 8. If any nursery stock of species subject to the attack of the San Jose scale has been grown within one-half mile of where the San Jose scale exists, or has been known to exist within two years, it shall, before it is shipped or delivered, be fumigated with hydrocyanic-acid gas of the strength commonly used for such purpose for not less than thirty minutes. All trees, plants, shrubs, and vines of species subject to the attack of the San Jose scale shipped into this State from another State, Territory, province, or country, must be fumigated with hydrocyanic-acid gas in the usual manner, and each car, box, or bale in which said nursery stock is shipped shall have upon it a certificate signed by the shipper stating that such fumigation has been given in addition to the usual certificate of inspection. Sec. 9. The owner of any nursery trees, vines, shrubs, or plants, upon receiv- ing notice from the State inspector of orchards and nurseries that any or all of them are infected or infested with dangerous insects or diseases, shall, within the time specified in such notice, take such steps as will fully comply with the orders of the State inspector of orchards and nurseries, and he shall not ship or MICHIGAN. 73 deliver any such trees, vines, shrubs, or plants until after they have received such treatment and until they have been reexamined and a certificate of inspec- tion has been granted. Sec. 10. Whenever it shall happen that the State inspector of orchards and nurseries shall give the notice heretofore required to the owner of nursery stock for the destruction of the insects or diseases mentioned, and said owner shall fail jor neglect to take the measures necessary for the destruction thereof within the time mentioned in the notice given him, the State inspector of orchards and nurseries shall enter complaint against said owner and may seize and take pos- session of said infected or infested nursery stock. Such seizure may be made without a warrant. Said infected or infested nursery stock shall be disposed of in such manner as may be directed by the court before whom the offense i tried, or by any court of competent jurisdiction. Sec. 11. Whenever any trees, shrubs, plants, or vines, commonly known .as nursery stock, are shipped into this State from another State, Territory, province, or country, every package thereof shall be plainly labeled on the out- side with the names of the consignor and consignee, and the character of the contents, and certificates shall be attached to each package showing that the contents have been inspected by a State and Government officer and that they have been fumigated in the usual manner with hydrocyanic-acid gas. If any trees, shrubs, vines, or plants, commonly known as nursery stock, are shipped into this State without such certificates being plainly fixed on the outside of the package, box, or car containing the same, the fact must be reported within twenty-four hours to the Michigan State hoard of agriculture, or its regularly appointed inspector, by the railway, express, or steamboat company or the person or persons carrying the same ; and any agent of a railway, express, or steamboat company or any other person or persons who shall fail to comply with the provisions of this section shall be deemed guilty of a misdemeanor. The State inspector of orchards and nurseries shall have authority, when he has reason to believe that nursery stock that has been shipped into the State, or shipped by some nursery in the State, is infested or infected with dangerous insects and diseases, to examine the same, and, if found to be infected by any dangerously contagious disease or infested with dangerous insects, such stock may be seized without a warrant as a public nuisance. The shipper shall be notified of the seizure, and orders shall be given him to either destroy the stock or to give it effectual treatment. If this is not done within five days, complaint shall be made to some court having competent jurisdiction, and said infected .or infested stock shall be disposed of in such manner as may be directed by said court. Sec. 12. It shall be the duty of the State inspector of orchards and nurseries, whenever it shall come to his knowledge that San Jose scale, cankerworm, peach yellows, rosette, little peach, black knot, or pear blight, or any other noxious insects or dangerously infectious diseases exist, or are supposed to exist, in any orchard, or upon any trees, shrubs, vines, plants, or fruits In this State, to investigate the case and if such dangerous insects or diseases are found he shall notify the owner, or his agent, in writing. The notice shall consist of a simple statement of the facts as found to exist, with an order to uproot and destroy in such manner as may be indicated all trees infected with yellows, little peach, or rosette, or to cut off and burn the portions infected with black knot and pear blight, or if attacked by San Jose scale or cankerworm, to effectually spray the trees, or to use such remedies as may be prescribed for other dangerous insects and diseases within five days, or such time from the date of the service of the notice as may be designated : Provided also, That no 74 LAWS AGAINST INJURIOUS INSECTS. such spraying shall be (lone while said fruit trees or vines are in blossom, excep in case of cankerworm. In the case of fruit infected with yellows the notice shall require its immediate destruction. Failure to comply with the require ments of said notice shall render the owner or agent liable to the penaltie prescribed for the violation of this act. Sec. 13. In any township, village, or city in this State in which the insect known as the San Jose scale, and cankerworm, or the diseases known as peacl yellows, rosette, little peach, black knot, and pear blight, or any other destruq tive insects or dangerously infectious diseases exist, or in which there is goo! reason to believe they exist, or danger may be apprehended of their introduc tion, it shall be the duty of the township board, or the village or city council, a soon as such information becomes known to such board or council, or any mem her thereof to appoint three competent freeholders of said township, village, oj city, to be known as fruit and orchard inspectors, who shall hold office durin| the pleasure of said board or council: Provided, That inspectors already ad pointed, and in office under similar and previous acts, shall continue in sad office under this act until the expiration of the term for which they werl appointed. Sec. 14. It shall be the duty of said inspectors, within ten days after appoint! ment, as aforesaid, to file their acceptance of the same with the clerk of sail township, village, or city, and said clerk shall be ex officio clerk of said board oa fruit and orchard inspectors, and he shall keep a record of the proceedings ol said board in a book to be provided for the purpose, and shall file and preservl all papers pertaining to the duties and actions of said inspectors, or either ol them, which shall be a part of the records of said township, village, or city. Sec. 15. It shall be the duty of the township, village, or city inspectors, or any on|| of them, whenever it comes to their notice that any of the dangerously injurious insects or diseases mentioned in section thirteen of this act exist, or are suppose! to exist, within the limits of their township, village, or city, to proceed withoui delay to examine the trees, shrubs, vines, plants, or fruits supposed to be in I tested or infected, and if destructive insects or a dangerously infectious diseasi is found to exist, a distinguishing mark shall be placed upon the trees, shrubql vines, or plants, and a written notice shall be served upon the owner or hi* agent. This notice shall be as provided for in section twelve of this act. I case the owner refuses to accept the opinion of a single inspector regarding th nature of an insect or disease, or the remedy that shall be employed, he ma;;l within two days appeal to the other inspectors in the township, village, or citi by serving a written notice of such appeal upon each of them. Upon receipt on such notice of appeal, it shall be the duty of each and every inspector, if he hajj not already done so, to examine the trees, shrubs, plants, or vines supposed t be infested or infected, and if all or a majority of said inspectors agree that . i dangerous insect or disease is present, they shall serve notice upon the owner o his agent as above. If the decision of the full board of inspectors is still unsatisl factory to the person in charge, he may, within twenty-four hours, make an abl peal to the State inspector of orchards and nurseries, who shall at once invest™ gate the matter and order the proper treatment, and his opinion and orders shall be final. If the members of a township, village, or city board of fruit and tre J inspectors are unable to agree, or are in doubt, regarding the nature of an insecjJ or disease, or the treatment that should be given, they may call upon the Stat * inspector of orchards and nurseries for information and advice. In cases wher an owner appeals to the full board of township, village, or city inspectors, or t the State inspector, and the findings of the original inspector are approved, th expense incurred as the result of the appeal shall be paid by the owner, and, i: MICHIGAN. 75 base of his refusal to do so, the amount shall be certified to the township board, hr village or city council, which shall allow the same and assess it as a special Lax upon the property. | Sec. 16. In case the owner, or the person in charge of trees, shrubs, vines, or Slants infested with a destructive insect or a dangerously contagious disease refuses or neglects to carry out the orders of the State inspector or of the town- ship, village, and city inspectors, within the period stated in the notice served jpon him, the State, township, village, or city inspectors, respectively, shall employ such aid as may be necessary to carry out their orders and recommenda- tions. In case the owner refuses to reimburse them for the expense incurred, lit shall be certified to the township board, or village or city council, who shall allow it and spread it as a special tax upon the property concerned, j Sec. 17. The State inspector of orchards and nurseries and his deputies, assist- ants, and employes shall have authority to enter upon any premises in the State for the purpose of examining the trees, shrubs, plants, and vines- for the pres- ence of destructive insects and diseases, and, if any such insects or diseases are found, may, under the provisions of this act, take such steps as may be neces- sary to exterminate them. Township, village, and city inspectors shall have the same authority within the limits of their respective jurisdiction. No damage shall be awarded for the destruction of any tree, shrub, plant, or fruit, or for injury to the same, if done by the inspectors and their assistants in accordance with the provisions of this act : Provided, It is deemed necessary in order to suppress dangerous insects and diseases. Sec. 18. The township, village, and city fruit and tree inspectors shall be allowed for services under this act two dollars for each full day and one dollar for each half day, and their per diem and other charges and disbursements here- under shall be audited by the township board, or village or city council. Sec. 19. Persons, firms, or corporations engaged in growing or selling plants commonly grown in greenhouses shall not be required to take out a license : Provided, They do not grow or handle nursery stock, and certificates of inspec- tion are not required under this act for the shipment of greenhouse plants. Sec. 20. Any person or persons, firm, or corporation who may fail to comply with any of the provisions of this act shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars and not exceeding one hundred dollars, or by imprisonment in the county jail for not less than ten nor more than ninety days, or both such fine and imprisonment, in the discretion of the court, and jurisdiction is hereby conferred in these cases upon any justice of the peace, or other competent court, of the township, village, or city where such trees, shrubs, or plants may be, or where such nursery stock or fruit is grown, sold, shipped, disposed of, or delivered, contrary to the provisions of this act. In all cases where a complaint is made under the provisions of any section of this act by any State, township, village, or city inspector said complainant shall not be required to furnish security for costs. i Sec. 21. The State inspector of orchards and nurseries shall have authority to employ such aid and obtain such apparatus and supplies as may be needed for the proper performance of his duties, and the bills for the same and for the per diem and traveling and other necessary expenses of the State inspector, his deputies and assistants, shall be audited by the State board of agriculture, and the auditor-general shall draw his warrant for the payment of the same from the general fund of the State : Provided, That all moneys collected by the State board of agriculture under this act shall be paid into the State treasury. [Sec. 22 repeals acts 108 and 109, of 1895; act 137, of 1897,] 76 LAWS AGAINST INJURIOUS INSECTS. MINNESOTA. An Act to prevent the introduction and spread of injurious insects and dangerous plant! diseases in the State of Minnesota. Be it enacted by the legislature of the State of Minnesota: Section 1. The entomologist of the State experiment station is hereby con-1 stituted the State entomologist and charged with the execution of this act. Hel may appoint such qualified assistants as may be necessary, fix a reasonable com-l pensation for their labor, and pay the same, and their acts shall have the samel validity as his own. He shall, by himself or his assistants, between the first! day of May and the fifteenth day of September in each year, when requested byj the owner or agent, or when he has reasonable ground to believe that any inju-l rious insect pests or dangerous and contagious plant disease exist, carefully! examine any nursery, fruit farm, or other place where trees or plants are grown! for sale, and if found apparently free from any injurious insect pests or danger-1 ous or contagious plant diseases, he shall issue his certificate stating the facts! (good for one year unless revoked), and shall collect therefor a fee of five dol-| lars ($5.00) per day and expenses. Sec. 2. The State entomologist shall have authority, when requested by thel owner or agent or when he has reasonable grounds to believe any injurious! insect pests or dangerous and contagious plant diseases exist, to enter upon any! of the grounds mentioned in section 1 hereof, public or private, for the purpose! of inspection, and, if he finds any nursery, orchard, garden, or other place in-! fested by any injurious insect pests or dangerous and contagious plant diseases,! he may, by himself or his assistants, enter upon such premises and establish! quarantine regulations. If, in his judgment, any insect pests or dangerous and contagious plant dis-l eases may be eradicated by treatment, he may, in writing, order such treatment and prescribe its kind and character. In case any trees, shrubs, or plants are ! found so infested that it would be impracticable to treat them he may order! them burned. A failure for 10 days after the delivery of such order to the! owner or persons in charge to treat or destroy such infected trees or plants as! ordered, shall authorize the entomologist to perform this work by himself or his I assistants and to ascertain the cost thereof. He shall certify the amount of such cost to the owner or person in charge of the premises, and if the same is not! paid to him within 60 days thereafter he shall certify the amount thereof to j the county attorney, whose duty it shall be to proceed forthwith to collect the j same of him in a civil suit and return the amount so recovered over to the State! auditor to reimburse the State for the money expended. Sec. 3. When nursery stock is shipped into the State accompanied by a certi-| ficate of inspection by a State entomologist from the State from which the ship- 1 ment has been made, stating that the stock has been inspected and found to be! free from any injurious insect pests or dangerous and contagious plant diseases,! it shall be held prirna facie evidence of the- facts therein stated, but the State ! entomologist, by himself or his assistants, when he or they have reason to be- 1 lieve that any such stock is nevertheless infested by any injurious insect pests* or dangerous or contagious plant diseases shall be authorized to inspect thel same and submit it to like treatment as that provided for in section 2 hereof,! and if, by reason of the failure for 48 hours of the owners of such stock to com-l ply with the treatment prescribed or to destroy the stock, if so ordered, the State entomologist or his assistants are required to perform the work them-f) selves, and it shall be the duty of the entomologist to certify the amount of the cost thereof to the owner or the person in charge of such stock so treated or MINNESOTA. 77 ;|lestroyed, and if the same is not paid to him within 10 days thereafter he shall Certify the amount thereof to the county attorney of the county in which the itock may be found in an affidavit and it shall be the duty of the county attor- ley to file said affidavit with the village, city, or town clerk of the village, •ity, or town in which such stock may be, and the same shall thereupon const! - ute a lien thereon, which it shall be the duty of the county attorney to proceed ;o collect forthwith in a civil suit and to turn over the amount recovered by him n such suit to the State auditor to reimburse the State for the money expended. B Sec. 4. It shall be unlawful for any person, firm, or corporation to bring into he State any trees, plants, vines, cuttings, and buds, commonly known as mrsery stock, unless accompanied by a certificate of inspection by a State mtomologist of the State from which the shipment is made, showing that the stock has been inspected and found apparently free from any injurious insect jests, or dangerous and contagious plant diseases. Sec. 5. Any person violating or neglecting to carry out the provisions of this ict, or offering any hindrance to the carrying out of this act, shall be adjudged ?uilty of a misdemeanor ; and, upon conviction before a justice of the peace, shall be fined not less than $10 nor more than $100 for each and every offense, ;ogether with all the costs of the prosecution, and shall stand committed until :he same are paid. Sec. 6. All fees or other amounts collected or received by any person under fie provisions hereof shall be by him forthwith turned into the State treasury :o be paid over to the State auditor to be added to the fund provided for com- jating injurious insects in Minnesota, and all expenses incurred in enforcing fie provisions hereof shall be paid out of said fund. Sec. 7. This act shall take effect and be in force from and after June 1, 1903. iN Act to prevent the destruction of grasses, grains, and other crops by grasshoppers. Be it enacted by the legislature of the State of Minnesota : Section 1. Every tract or parcel of land in this State so infested in any year ivjth the eggs of grasshoppers as to be so eminently dangerous to grasses, grains, >r other crops growing, or to grow, in or upon lands situate in the vicinity of the tract or parcel so infested as to threaten the destruction of a great part of I my of such grasses, grains, or other crops, shall from and after the date when it becomes the duty of the owner or lessee thereof to plow the same as provided in this act, and so long as the same remains unplowed and so infested, be ; teemed a public nuisance. I Sec. 2. The board of county commissioners in any county in this State is I hereby authorized at any regular or special session thereof to hear and consider complaints relative to any tract or parcel of land claimed to be infested with the eggs of grasshoppers and to fully investigate the facts in any such case. The certificate of the State entomologist to the effect that he had made exam- ination of any such infested tract or parcel, or any portion thereof described by him, and that in his opinion such tract or parcel, or any portion thereof so I described, is or is not so infested with the eggs of grasshoppers as to be greatly "dangerous to grasses, grains, or other crops growing, or to grow, on lands situate in the vicinity of the tract or parcel so infested as to threaten the destruction of a great part of any thereof, shall be prima facie evidence of the facts therein stated at any such hearing of said board, or in any civil action authorized by, or arising from anything done pursuant to, this act. The person complaining shall cause notice to be served upon the owner of such tract, or his lessee, at 78 LAWS AGAINST INJURIOUS INSECTS. least 10 days prior to the day of such hearing, describing therein the tract com plained of, the nature of the complaint, and the session of the board when application will be made for such hearing, naming the first day of such session; whereupon the hearing may be had on said day, or upon such future day as thd board shall then appoint therefor. Such notice may be served in the manner.- as provided in section 3 of this act for the service of a copy of the order thereiil authorized. Sec. 3. If the board of county commissioners shall, after the hearing ana investigation authorized by the preceding section, he of the opinion that any trac! or parcel of land, or any portion thereof, is so infested with the eggs of grass! v hoppers to the extent contemplated by section one ( 1 ) of this act, it shall make! and file its order to that effect, directing therein that the owner or lessee of sucll tract or parcel plow the same within the time therein stated, and cause a copy of* 1 such order to be served upon such owner, or his agent or lessee, within sucll time as the board shall direct, not less than 20 days from the date of said order. Such copy shall he served upon such owner or lessee, if he be a resident of the county, in the same manner that a summons is served in a civil action ; and, ii such owner or lessee resides in another county, service thereof may be made upon the agent of such owner or lessee, if any, residing in the county; and ifi the owner is not a resident of this State, or his residence is unknown, and he? has no known agent or lessee in the county, then service may he made by publi-ji cation for two consecutive weeks in a legal newspaper printed at the countjl seat of such county, the last of which publications shall he made not less thaJ 10 days prior to the date when the plowing of any such tract or parcel istl required to be commenced. The order of the said board authorized by this section may be in substantially the following form : Whereas, At a meeting of the board of county commissioners of county, held on the r day of , 19 — , the said board did duly heaii> and investigate relative to a complaint that the tracts or parcels of land herein- after described are so infested with the eggs of grasshoppers as to be greatly: dangerous to grasses, grains, or other crops growing, or to grow, on the lands: situate in the vicinity of such tracts, as to threaten the destruction of a great! part of such grasses, grains, or other crops ; and Whereas, The said board is of the opinion that such danger exists, .the saieft tracts being described as follows : (Here insert description.) It is hereby ordered and described that the owner (or his lessee) of said tract/: or parcel of land shall, not later than the day of , 190 — , begin, and with reasonable dispatch continue, the plowing of said tract or parcel, and all thereof, and complete such plowing prior to the day of — , 190 — . (Or, if all the lands complained of are not so infested, then describe the portions thereof found to be so infested and required to be plowed.) The county auditor is hereby required to cause a copy of this order to ba served upon the owner of the lands hereby required to be plowed, or his agent (or lessee), in the manner required by law for the service thereof. Chairman Board of County Commissioners, County. Attest : Dated , County Auditor. MISSISSIPPI. 79 Sec. 4. If the owner, or his lessee, of any tract or parcel of land described in ny order made pursuant to section 3 of this act, upon whom service of a copy f such order has been duly made, shall fail or neglect to substantially comply herewith, he shall be deemed to maintain a public nuisance within the meaning f this act, and to consent that the said tract or parcel of land may be plowed ! y the county, and the board of county commissioners, when informed of such ailure or neglect, shall cause the land found by it to be so infected to be plowed, nder the direction of the chairman of said board, and the expenses incurred by t eason of such plowing shall be paid out of the county treasury, upon the war- ant of the county auditor, in favor of the person entitled to the same. Sec. 5. Whenever any tract of land shall have been plowed by the county, ursuant to the provisions of this act, and the plowing thereof shall be of value f 3 the owner, or his lessee thereof, in the raising of any crops thereon during the i eason immediately following such plowing, such owner or lessee shall be liable I ) the county to the value of such plowing. Whenever the board of county com- lissioners is of the opinion that any such liability has arisen by reason of such f lowing, it shall determine the sum for which the owner or lessee is so liable, nd direct the county auditor to demand the immediate payment thereof into f he county treasury; and, if the same is not paid upon such demand, it is ereby made the duty of the county attorney to bring a civil action in the name f such board against the party so in default for the recovery of the same, and iterest thereon from the date of such demand, provided that the amount so etermined by the board of county commissioners shall be prima facie evidence f the value of such plowing. Sec. 6 . For the purposes of this act, the entomologist employed by the regents f the University of Minnesota, at the State experiment station, located at the apital of the State, shall be deemed the State entomologist. Sec. 7. This act shall take effect and be in force from and after its passage. MISSISSIPPI. n Act to make an appropriation for the years 1904 and 1905, for the purpose of pre- [ venting the introduction into the State of Mississippi of the Mexican cotton boll weevil, and to provide for the destruction and eradication of the same, whenever and wherever found in the State ; establishing rules and regulations in relation thereto, and pro- viding for the enforcement of the same. Section 1. Be it enacted by the legislature of the State of Mississippi, That lie entomologist of the Mississippi agricultural experiment station is empow- red, and it shall be his duty to prevent in every possible and practicable way | lie introduction into this State of the Mexican boll weevil, its eggs, larvae, or any ther form of life through which it passes in development, should it make its ppearance in this State, whenever and wherever found in this State. Sec. 2. The entomologist of the Mississippi agricultural experiment station hall have power to adopt rules and regulations governing the inspection, sale, nd transportation of trees, plants, hays, cotton, cotton seed, cotton-seed hulls, or 1 ny other material or products of whatever nature or kind from districts or 1 tates known or suspected to be infested with the Mexican cotton boll weevil, nd may require such articles and material to be disinfected or fumigated, ac- ording to his directions, or destroyed if found to be infected and their destruc- ion is deemed necessary, and it shall be unlawful for any person or persons, or ny transportation company, to bring or cause to be brought into this State any rticle or articles that may serve to introduce the Mexican cotton boll weevil, ontrary to the rules and regulations of the entomologist, and it shall also be inlawful for any person or persons residing without the State to send into the 80 LAWS AGAINST INJURIOUS INSECTS. State by mail, express, or otherwise, any living specimens of the Mexican cotton boll weevil, in any of its forms of development or egg state, and any person o; persons violating any of the provisions of this section shall be guilty of a niisdel meanor, and upon conviction thereof shall be fined in a sum not less than fifti dollars nor more than five hundred dollars. Sec. 3. That any person or persons coming into this State from any district o I State known to be infected by the Mexican cotton boll weevil, who shall be susl pected of having on or about his person, clothes, household effects, or othe property in his possession said Mexican cotton boll weevil in any of its forms knowingly or unknowingly concealed or otherwise, shall be refused admittanc into the State until he shall have undergone an examination of his person o property, or both,, at the hands of the said entomologist or his authorized agents and the said entomologist shall have power to make and enforce quarantinl regulations against animals, and all persons suspected or found to be in posses sion of clothes or other property infected by said Mexican cotton boll weevil. Sec. 4. The entomologist of the Mississippi agricultural experiment statioi shall have power to appoint one or more deputies and assistants in each count; or district, who shall have power to carry out and enforce such regulations am execute such plans as shall be made and adopted by the said entomologist, an it shall be the duty of the sheriff of each county of the State to cooperate wit] the said entomologist, and to execute in a summary way the orders and regula tions of the said entomologist, or his agents and assistants, in relation to thl prevention of the introduction and eradication of the Mexican cotton boll weevil in the seizure of persons, animals, or property suspected of being infected witj said boll weevil. Sec. 5. For the purpose of carrying out the provisions above set out that thl sum of ten thousand dollars, or so much thereof as may be necessary, for till years 1904 and 1905, be appropriated, out of any moneys in the State treasurj not otherwise appropriated, to be paid out by the treasurer of the State, on wail rants drawn by the said entomologist, approved and countersigned by till governor, and each warrant shall specify the purpose for which it is drawn anj the object for which the money is to be expended. The entomologist shall havl full and plenary power and authority to make, promulgate, and enforce sue rules, ordinances, and regulations, and to do and perform such acts as in hi judgment may be necessary to control, eradicate, and prevent the introductioi] spread, or dissemination of the Mexican cotton boll weevil in the State. Sec. 6. It shall be the duty of the entomologist of the Mississippi agriculture experiment station to make a full and complete and itemized report of all hi doings and expenditures, under the provisions of this act, to the legislature c this State, at the session of 1906, published in pamphlet form. The entomologif shall have power to inspect growing or field crops supposed to be infested wit the boll weevil, and shall have authority to destroy said property and shall hay a right to fix compensation. Approved March 18, 1904. MISSOURI. Session Acts of 1901, page 134. An Act to prevent the introduction and dissemination in Missouri of dangerous inse'fl pests and fungoid and other contagious or infectious diseases dangerously injurioil to fruit trees, vines, hushes, or nursery stock, with an emergency clause. Be it enacted by the general assembly of the State of Missouri as follows: \ fl Section 1. Whenever any trees, vines, bushes, scions, buds, cuttings, or an nursery stock are shipped into this State from another State, country, c I, MISSOURI. 81 | irovince, every package or quantity thereof shall be plainly labeled on the out- [ side with the name and address of the consignor, the name and address of the !j consignee, the contents, and a certificate showing that the contents have been j nspected by a State or experiment station entomologist of the State from which lie shipment was made; that the trees, vines, bushes, scions, cuttings, buds, or jither nursery stock therein contained are free from the San Jose scale, peach [fellows, rosette, or other dangerously injurious insects or contagious or | nfectious fungoid or other diseases, and whenever any trees, vines, bushes, I scions, cuttings, buds, or other nursery stock are shipped into the State without I such certificate plainly fixed on the outside of the package, box, or car containing Lhe same, the fact must be reported to the consignor by the railway company, hteamboat company, or express company, or other person or persons, corpora- j tions, or companies carrying the same, and said package, box, or car, or luantity thereof shall not be delivered to the consignee until the same bear the aforesaid certificate, and any railway company, steamboat company, or express ?ompany, person or persons, or corporation, or company who shall violate or wade the provisions of this section, or offer any hindrance to the carrying out of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not less than one hundred dollars nor more than five hundred dollars, and such fines shall accrue to the benefit of the general revenue fund of the State of Missouri. Sec. 2. There being no adequate provision for the above control of the injurious insects and diseases of the agricultural and horticultural interests of fhe State, creates an emergency within the meaning of the constitution ; there- fore, this act shall take effect and be in force from and after its passage. ' Approved March 12, 1901. Article III, Chapter 67, Revised Statutes of 1899. Sec. 4725. Station established. There is hereby created and established a fruit experiment station in south Missouri. (New section.) Sec. 4726. Purposes of experiment station. The leading objects of said ex- periment station shall be to experiment with the different kinds of fruits, to wit, apples, peaches, berries of all kinds, grapes and small fruits of all kinds, and to ascertain the varieties that are the best adapted to this State; and to study the different diseases and insects to which said fruits, berries, and grapes are subject and the rerqedies to prevent diseases and insects from injuring or infecting said trees and orchards, with power to destroy and remove any in- fected trees or orchards if necessary in the judgment of the manager and inspector of said experiment station, to keep the disease or insects or plague from scattering and infecting other trees or orchards, under rules hereinafter set out. (New section.) Sec. 4727. Board of trustees — Manager and inspector — Appointment — Qualifi- cations. There is hereby created a board of trustees of the members and a manager and inspector. The manager and inspector shall be scientists and a graduate of some scientific college, and be versed in diseases of fruits, trees, and insects which infect them, and be versed in the different kinds of fruits, grapes, and berries. Said board of trustees shall be appointed by the governor, by and with the advice and consent of the senate; said trustees to hold their office for six years : Provided , That the governor shall first appoint three trus- tees, one for the term of two years, one for the term of four years, and one for 7418 — No. 61 m 6 82 LAWS AGAINST INJURIOUS INSECTS. the term of six years ; that as the term of office shall expire the successors shall be appointed for six years from the time of expiration of the term of the out- going member ; the manager and inspector shall he appointed for a term of four years by the board of trustees : Provided, Either the trustees or manager and inspector, or any of them, may be removed for cause and successors ap- pointed. (New section.) Sec. 4728. Manager and inspector. Said manager and inspector shall he under the control of the board of trustees of the experiment station. (New section.) Sec. 4729. Services of manager, how obtained. It shall be lawful for any five freeholders, residents of this State, to go before any clerk of a court of record and demand the presence and services of said manager in the following manner: State of Missouri, County of , ss : To the manager of the fruit experiment station of the State of Missouri : We, the undersigned citizens, freeholders of the county of , believe that there exists in this locality a dangerous infectious disease among the (here name the fruit trees, grapes, or berries) located on the farm or in the orchard or orchards of the following-named party, to wit : , located as follows, to wit : (Here describe the lands as near as possible). Therefore, we request the presence of the manager and inspector of the fruit experiment station. Which petition may be certified as follows : I hereby certify that the above-named petitioners are known to me to be reputable citizens of this county. Clerk of — — — court of County, Mo. (New section.) Sec. 4730. Duty of manager on receipt of petition. Such petition may be for- warded by mail or otherwise, as said petitioners may elect, to meet the manager and inspector of the fruit experiment station at the place where said station is located, who shall, as early as possible after the receipt of the same, go to the locality named and give such aid and instructions as he may think best for the prevention, cure, or eradication of the disease or insects with which he may find the trees, berries, vines, or orchards infected, and request said petitioners to report to him, in writing, the result of the treatment prescribed. (New section. ) Sec. 4731. Duties of manager, continued. Said manager and inspector may also, on information satisfactory to himself, visit any locality in this State with- out receiving any petition as provided for in the preceding section, where he may think his presence necessary to the protection of orchards, berries, small fruits, vineyards, grapes, and fruit-tree interests in the State, and make a thor- ough investigation as to the health and condition of said fruit trees, berries, vines, and fruits of all kinds in that locality. (New section.) Sec. 4732. Proceedings when trees, etc., are found to be diseased. If upon in- vestigation said manager and inspector shall be satisfied that said fruit trees, grapevines, berry vines, or the fruit, berries, or grapes are diseased, and that the disease is liable to spread to other trees, vines, or orchards, or that the trees are infected with any kind of insects that are liable to destroy said trees, vines or fruits or make them worthless, and that the same is liable to spread to other trees, vines, orchards, or vineyards, he shall thereupon notify the county court or any other authority having the jurisdiction of the county court, or any two judges thereof in vacation, of the county in which said diseased fruits, trees, vines, or fruits are located, setting forth the number and kind of trees, vines, or MONTANA, 83 fruits infected and the nature of the disease or insect, with the name of the owner, if known, if he resides in the county ; if not, then to the person in charge of the diseased fruit trees, vines, or fruits to appear before said court on a day to be named in the notice. Said notice to he served not less than ten days before the hearing notifying said owner or person in charge to appear before the court and show cause, if any, why said diseased fruit trees or vines should not be dug up and burned, said notice to be served by the sheriff the same as ordinary summons, and notice to the person in charge shall be sufficient notice to the owner : Provided, The owner shall not be known, or be outside of the county. (New section.) Sec. 4733. Diseased trees , etc., to be destroyed on order of county court, when. Upon the parties hereinbefore specified being notified and appearing, if it shall appear to the court that said trees or vines are infected with any disease or insect that are likely to spread to other trees, vines, orchards, or vineyards, and that the same can not be eradicated, cured, or the insects killed, then the court shall make an order that the trees or vines so infected be dug up and burned, under the direction and supervision of the manager and inspector of said fruit experi- ment station, who may employ some person or persons to dig up and burn said trees or vines, for which services the laborers employed shall receive not to exceed $1.50 per day each for their services, to be paid out of the contingent fund of said fruit experiment station; and it is further provided, that the man- ager or inspector shall have the right to enter on any premises to investigate and inspect fruit trees, grapevines, or berry vines or the fruits, and also to enter said premises with such persons as he may employ to dig up and burn said trees, and shall not be guilty of trespass or any damages whatever while in the discharge of his duties. (New section.) Sec. 4734. Compensation of manager and trustees. The manager and in- spector shall receive a salary of two thousand dollars per annum and necessary traveling expenses, and the trustees shall each receive the sum of three hun- dred dollars per annum and necessary traveling expenses, all to be paid by the State of Missouri. (New section.) Sec. 4735. Commissioners to locate station. Upon the passage and taking effect of this article the governor shall appoint three commissioners to locate said experiment station, and may receive donations of either land or money for and in consideration of the location of the same at any one point ; said commis- sioners to receive $5 per day and their traveling expenses for locating said station. (New section.) MONTANA. An Act to create the Montana State board of horticulture. Be it enacted by the legislative assembly of the State of Montana: Section 1. There is hereby created a State board of horticulture, to consist of seven members, six of whom shall be appointed by the governor, one from each of the horticultural districts that are hereby created, and the State executive, who shall be an ex officio member of the board. No person shall, however, be appointed on said board, or employed by them, who shall be connected in any way with any nursery, or who shall be engaged in the sale or handling for profit of any nursery product. Sec. 2. The State shall be divided into the following horticultural districts : The first district shall comprise the counties of Dawson, Custer, Yellowstone, Sweet Grass, Carbon, Park, and Rosebud; the second district shall comprise 84 LAWS AGAINST INJURIOUS INSECTS. the counties of Gallatin, Madison, Jefferson, Beaverhead, Silver Bow, Lewis ami Clark, Meagher, and Broadwater ; the third district shall comprise the countie® of Cascade, Fergus, Valley, Chouteau, and Teton ; the fourth district shall conil prise the counties of Missoula, Granite, Powell, and Deer Lodge ; the fifth dia trict shall comprise the county of Ravalli, and the sixth district shall comprisl the county of Flathead. Sec. 3. The members shall reside in the district for which they are appointed | They shall be selected with reference to their study of and practical experiencl in horticulture and the industries dependent thereon. They shall hold office foil a term of four years, and until their successors are appointed and qualified: Proll vided, however, That two of the board first appointed — to be determined by lot — 1 1 shall retire at the expiration of two years. All vacancies in the board shall bl filled by appointment of the governor, and shall be for the unexpired term. Sec. 4. The board is authorized to employ a secretary and prescribe his duties who shall hold his appointment at the pleasure of the board. Before enterinl upon the discharge of his duties, each member and employe of the board shall i take and subscribe to the oath of office, which said oath shall be filed with thl secretary of state. Sec. 5. The board may call together and hold, in conjunction with horticuH tural societies, public meetings of those interested in horticulture and kindrel pursuits, and may publish and distribute such proceedings and discussions a { in its judgment may seem proper, provided the sum so expended shall not exceed the sum of $300 per annum. The board shall meet on the third Monday of February and September of eacll year, and as much oftener as it may deem expedient. Sec. 6. The office of the board shall be located at such place as the majorit.4 thereof may determine, and shall be in charge of the secretary during th(j absence of the board. Sec. 7. For the purpose of preventing the spread of contagious diseases amonat fruit and fruit trees, and for the prevention, treatment, cure, and extirpation^ of fruit pests and diseases of fruit and fruit trees, and for the disinfection o grafts, scions, and orchard debris, empty fruit boxes or packages, or othe: j suspected material or transportable articles dangerous to orchards, fruit, and fruit trees, said board may prescribe regulations for the inspection, disinfection or destruction thereof, which regulation shall be circulated in printed form ty the board among fruit growers and fruit dealers of the State, and shall be pub j lished at least ten days in two horticultural papers of general circulation in th< State, and shall be posted in three conspicuous places in each county in tin State, one of which shall be at the county court-house thereof. For further prevention of the spread of diseases dangerous to fruit and frui i trees, it shall be unlawful for any person or persons, dealer or dealers, to alloy or cause to be used the second time any crate, box, barrel, package, or wrapping once having contained fruit or nursery stock, and that the destruction of tin same must be made in its entirety, and that the finding of such crate, box, bar rel, package, or wrapping in possession of any person or persons, dealer o: dealers, other than the consignee, shall be considered prima facie evidence of j| violation of this act. Any member of the board or officer thereof is hereby authorized to seize ant destroy by burning, without breaking such crate, box, barrel, package, or wrap! ping, wherever found, and to prosecute said violator or violators. Sec. 8. The said board shall elect from their own number, or appoint fron j without their number, to hold office at the pleasure of the board, one competeir person in each district, to be known and act as inspector of fruit pests. Saic I MONTANA. 85 ! nspectors shall be selected with reference to their study and practical experi- ence in horticulture. It shall be the duty of said inspectors to visit the nurs- eries, orchards, stores, packing houses, warehouses, and other places where laorticultural products and fruits are kept and handled within their respective districts and to see that the regulation of the State board of horticulture to orevent the spread of fruit pests and diseases of trees and plants and the disin- fection of fruits, trees, plants, grafts, scions, orchard debris, and empty fruit [boxes and other material shall be fully carried out and complied with. Said [inspectors shall have free access at all times to all premises where any trees, plants, fruits, or horticultural products or supplies are kept or handled and ■shall have full power to enforce the rules and regulations of the State horti- cultural board and to order the destruction and disinfection of any or all trees, plants, fruits, or horticultural products or supplies found to be infected with [any disease, as prescribed or designated by said board. } The said board may appoint one or more, as necessary, competent persons, to ? be known as special inspectors, whose general powers and duties shall be regu- lated and prescribed by the member of the board for that district. Such spe- cial inspector shall receive such sum per day as the said board of horticulture !may agree upon, provided such sum shall in no case exceed the sum of five dol- ilars per day for the time actually employed. The said board shall appoint one person, to be known as inspector at large for the State, whose duties shall be prescribed by the board and who shall | receive the sum of five dollars per day for the time actually employed. Sec. 9. It shall be the duty of every person or persons, corporation or corpora- tions who shall sell or deliver to any person or persons, corporation or corpo- rations any trees, plants, vines, scions, or grafts to notify the secretary of the board, whose duty it shall be to notify the inspector of said district wherein such vines, etc., etc., are to be delivered at least five days before said goods are to be delivered, giving the date and nursery or railroad station where said trees, plants, scions, etc., etc., are to be delivered, together with the name of the party or parties who are to receive the same. It shall be the duty of the inspector receiving said notice to inspect the said trees, plants, grafts, scions, etc., etc., as ■ soon thereafter as practicable, and if the same be found free from any and all diseases or pests, as designated by said State board of horticulture, he shall so certify and shall attach such certificate to each lot or bill of trees, grafts, plants, scions, etc., which said certificate must contain a list of the said trees, grafts, scions, vines, or plants so inspected. But if any of the trees, grafts, scions, vines, or plants so inspected shall be found to be diseased or infested with any of the pests, as prescribed by the said board, then the inspector shall order the disinfection or destruction of said trees, grafts, scions, vines, etc., etc., etc., so diseased or infected, together with all boxes, wrapping, or packing pertaining thereto, and charge and collect the sum of ten dollars ($10) for the disinfection and inspection of each carload of said nursery stock and a proportionate sum for less than car lots, but in no instance for less than $2 for each separate inspection or disinfection, provided, that the State board of horticulture shall have power to designate certain places as quarantined stations, where all nurs- ery stock brought into the State shall be inspected and disinfected. For the inspection of fruits a fee of two cents per box or package, with a maximum fee of five dollars for each separate lot or car, shall be charged and collected. The inspectors shall collect such fees and shall not give certificates of inspection until the fees are paid. Sec. 10. If any person or persons in charge or control of any nursery, orchard, storeroom, packing house, or other place where horticultural products or sup- 86 LAWS AGAINST INJURIOUS INSECTS. plies are handled or kept shall fail or refuse to comply with the rules and regr illations of the said State board of horticulture or shall fail or refuse to disinB feet or destroy any diseased or infected trees, plants, scions, vines, grafts! shrubs, or other horticultural supplies or products when ordered so to do by thl inspector of such district he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than $25 nor more thail $300. Sec. 11. It shall be the duty of every owner or manager of every orchards nursery, storeroom, packing house, or other place where horticultural product! or supplies are kept or handled, which shall become diseased or infected wit® any injurious insect or pest, to immediately, upon discovery of the existence o! such disease or pest, to notify the inspector of said district of the existence ol the same. It shall be the duty of such owner or manager at his own prope* expense to comply with and carry out all the instructions of said inspector foiji the eradication of any disease or pest. If he shall fail to do so, he shall b(ia deemed guilty of a misdemeanor, and upon conviction thereof shall be fined ii f any sum not less than $25 nor more than $300. Sec. 12. If any person or persons, corporation or corporations shall fail oi I refuse to forthwith comply with the instructions of said inspector, for the eradil cation of any disease or pest, said inspector shall proceed forthwith to eradiffl cate such disease or pest and the expense of the same shall become a cliargt . and a lien upon the property of such owner. Sec. 13. Every person who, for himself or as agent for any other person oi i persons, corporation or corporations, transportation company or common carrier* shall deliver or turn over to any person or persons, corporation or corporations* any trees, vines, shrubs, nursery stock, scions, grafts, without first having j attached the inspector’s certificate, as provided in section 9 of this act, shall be j deemed guilty of a misdemeanor, and upon conviction thereof shall be fined ii a sum not less than $25 nor more than $300. Sec. 14. No person or persons, corporation or corporations, shall be liable tea any other person or persons, corporation or corporations, for any damage to any* trees, vines, or shrubs, nursery stock, scions, or grafts by reason of the same i being held to await the certificate of the inspector, as provided in section 9 ol I this act. Sec. 15. The inspectors of fruit pests appointed or elected by said board shall ' receive as compensation for their services such sum as the board may regulate provided not to exceed five dollars per day for the time actually employed j The members of said board shall receive no compensation for their services ! except actual expenses paid out. The secretary of said board shall receive the. sum of $1,000 per annum for his services. Sec. 16. All bills for expenditures under this act shall be audited and passed! upon by said board of horticulture, and if found legal and just shall be allowed 1 subject to the approval of the State board of examiners, and a warrant shali * be drawn therefor upon the auditor of the State of Montana, who shall draw > his warrant upon the State treasurer therefor. Sec. 17. It shall be the duty of the secretary to attend all meetings of the I board and procure records of the proceedings and correspondence, to coiled! books, pamphlets, periodicals, and other documents containing valuable informa j tion relating to horticulture, and to preserve the same ; to collect statistics and 1 other information showing the actual condition and progress of horticulture ii this State and elsewhere; to correspond with agricultural and horticultura societies, colleges, and schools of agriculture and horticulture, and other per sons and bodies as may be directed by the board, and prepare, as required by MONTANA. 87 he board, reports for publication. He shall also act as assistant to and obey he directions of the inspectors of fruit pests under the direction of the board. Sec. 18. The board shall biennially, in the month of January, report to the egislature a statement of its doings and abstracts of the reports of the inspect- >rs of fruit pests, and of the secretary. Sec. 19. There is hereby appropriated for the use of the State board of horti- culture as set forth in this act, out of the moneys in the State treasury not otherwise appropriated, the sum of seven thousand dollars, $3,500, or so much thereof as may be necessary, for the year commencing December 1, 1904, and $3,500, or so much thereof as may be necessary, for the year commencing December 1, 1905. Sec. 20. All sums of moneys collected as fines for violations of any of the provisions of this act shall be turned into the State treasury for use in defray- ing expenses of the board hereby created, and the appropriations hereby made shall be paid out of the fund to the extent of the money therein contained. | Sec. 21. Every person who for himself, or as agent for any other person or persons, transportation company, or common carrier, shall deliver or turn over to any person or persons, corporation or corporations, any fruits without first having attached the inspector’s certificate, shall be deemed guilty of a mis- demeanor. Sec. 22. No person, firm, or corporation shall engage or continue in the busi- ness of selling within the State or importing fruit trees, plants, or nursery stock into the State, without first having obtained a license to do business in this State, as in this act provided. Sec. 23. Any person, firm, or corporation may obtain a license to engage in the business of selling fruit trees, plants, or nursery stock into this State upon the payment of the sum of twenty-five dollars and by filing with the secretary of the State board of horticulture bond with sureties in the sum of one thousand dollars ($1,000), conditioned that the principals will faithfully obey the laws of the State of Montana and that the said principals will pay the cost of fumi- gation of all nursery stock or other materials or goods imported into or sold within the State by the said principal or his or their agent and the expense of destruction of any infected nursery stock. License granted under this act shall be for one year, provided, however, that such license may be revoked at any time for any violation of this act at the discretion of the board. Sec. 24. It shall be the duty of every person, firm, or corporation licensed to do business under this act to notify the secretary of the State board of horti- culture of his intention to ship an invoice of fruit trees, plants, or nursery stock from one point to another in this State, or from any point without this State into this State. The said notice shall contain the name and address both of the consignor and consignee, and the invoice of the goods to be shipped, the freight or express office at which the goods are to be delivered, and the name or title of the transportation company from whom the consignee is to receive such goods. Such notice shall be mailed at least five days before the day of shipment. Sec. 25. It shall be the duty of each person or corporation offering to sell, or selling and delivering, any nursery stock, fruit trees, plants, vines, scions, cuttings, etc., etc., within the State of Montana, to place on each and every pack- age so sold and delivered a label or card, containing the name and address of both the consignor and consignee and the invoice of the stock therein contained. Sec. 26. Any person or persons who shall receive and accept any nursery stock, fruit trees, plants, vines, scions, cuttings, grafts, etc., etc., that have not been inspected by a duly appointed inspector of the State board of horticulture, 88 LAWS AGAINST INJURIOUS INSECTS. and shall use or dispose of said nursery stock, fruit trees, vines, plants, scionsB cuttings, grafts, etc., etc., without first notifying the inspector and furnishing hin* opportunity to examine, and if necessary fumigate the said nursery stock, will bel deemed guilty of a misdemeanor and will be subject to fine as further provide* in this act. Sec. 27. All nursery stock, trees, plants, vines, and cuttings grown or growing] within the State of Montana used for filling orders shall, after said stock shahj have been taken from the nursery rows or grounds, and before the same shall have been packed for delivery, be inspected by a duly appointed inspector and] shall be disinfected by fumigating or other method, when in his judgment sucbj is necessary. After such inspection, if it he found that said nursery stock, treesJ plants, vines, and cuttings are clean and free from insects and fungi pests, lie] shall issue his certificate to said nurseryman, and said certificate shall entitle! him to use said stock so inspected and disinfected for filling orders for next u current delivery. Nurseries shall give to the secretary of the board five days’ notice of the time! when said stock shall be ready for inspection under the provision of this act. Sec. 28. Any person or persons, corporation or corporations, transportation | companies or common carriers, violating any of the provisions of this act, shall be deemed guilty of a misdemeanor and fined in the sum of not less than twenty-! five dollars ($25), nor more than three hundred dollars ($300). Sec. 29. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 30. This act shall take effect and be in force from and after its passage)! and approval. Approved February 17, 1899. Rules of the Montana State Board of Horticulture. Rule 1. It shall be the duty of the inspector after receiving notice of the arrival of any nursery stock, to immediately have the same inspected or fumi- gated and he shall, if he finds after inspection said nursery stock free from any and all diseases, place his certificate upon each and every package showing that the said nursery stock has been inspected or fumigated, giving name of the inspector, the date of inspection and place ; but if the said nursery stock be found to be infected with any of the diseases or insects injurious to orchards as prescribed by the board of horticulture, other than the San Jose scale, woolly aphis, black knot of the plum and black knot of the cherry, the said diseased stock shall be properly treated, but if the said nursery stock shall be infected with San Jose scale, woolly aphis, black knot of plum, black knot of cherry, crown gall, or root knot, then the inspector shall destroy the same by burning, together with all wrapping and packing, and shall issue a certificate to the ship- per or owner showing cause for destruction. Rule 2. All nursery stock, trees, plants, vines, and cuttings of any kind shipped into or brought into the State of Montana, before delivery to the pur- chaser shall be unpacked from the boxes, and in case of baled or burlapped shipments these coverings shall be removed and stock shall be inspected and fumigated at Miles City, Billings, Dillon, Missoula, Kalispell, Great Falls, or Glasgow, which points are hereby designated as quarantine stations. All nursery stock, trees, plants, vines, and cuttings brought into Montana by any transportation company shall be inspected and fumigated at the point of delivery, provided said point of delivery shall be one of the above-designated quarantine stations; but if any shipments shall be filled for delivery at any other points in Montana, they shall be inspected or fumigated at the quarantine MONTANA. 89 station on the line of such transportation company next preceding or nearest the point of delivery to which they are billed. All such nursery stock, plants, trees, vines, cuttings brought into the State of Montana by wagon shall be inspected and treated at the nearest quarantine station, as hereinbefore mentioned, to the point where such nursery stock, trees, plants, vines, and cuttings enter the State. The certificate of the inspector making such examination and inspection shall exonerate the shipper and consignee from any and all penalties provided by law. Rule 3. Importers or owners of nursery stock, trees, vines, plants, and cut- tings who shall desire to have such nursery stock, trees, plants, vines, and cuttings inspected and fumigated at points in Montana other than the regular quarantine stations, may have such inspection and fumigation made at any point designated by such importer or owner ; provided, however, that such importer or owner shall pay all charges of inspection and fumigation and all expenses of the officer employed in such inspection and fumigation, such charges and expenses to be paid before the certificate is granted. Rule 4. The inspector at large shall have authority to employ labor to assist the inspectors in any district whenever, in the judgment of the inspector at large, such assistance is necessary. Rule 5. It shall be unlawful for any person to spray any tree, plant, or shrub, when the same is in bloom, with any substance injurious to bees or honey. Rule 6. All special inspectors shall be appointed by the inspector at large, and shall hold office at his pleasure. Such appointments shall be approved by the member of the board for the district in which the same are made. All inspectors shall report to the secretary and inspector at large at least once a month, or as often as directed by said secretary and inspector at large. Rule 7. All inspectors shall, as directed, report to the secretary of said board a complete statement of his doings, upon the proper blanks furnished for that purpose, together with an itemized bill for his labor for the time actually served by him during such week, which bill, when properly audited by the member of the State board of horticulture for the district in which said inspector shall labor, be again audited by the president and secretary of the State board of horticulture and forwarded to the State board of examiners for payment. Rule S. All inspection and fumigation shall be under the charge and super- vision of the inspector at large, and all inspectors shall be responsible to him. Rule 9. The inspectors appointed by this board and the special inspectors appointed by the inspector at large are authorized to inspect in their respective districts any and all nursery stock, trees, plants, shrubs, vines, and fruits, and to collect the fees prescribed in the law from the owner or person in control of such nursery stock or fruits wherever found. All fruits inspected and found free of any disease or infection shall be branded “ Inspected and passed,” together with the date of the inspection and number of district in which inspected, but if found to be infested with any injurious insects or disease shall be condemned and destroyed by burning by the inspector without exception. ( Rule 10. The inspector in all districts shall receive as compensation for the inspection of fruits and nursery stock the sum total of all fees collected for such inspection : Provided , however, That the same shall not exceed the sum of $5.00 per day for each day’s work devoted to inspection, and all fees in excess of said sum shall be transmitted with the report of the inspector to the secretary. Rule 11. The inspector at large shall have authority to go or send a compe- tent person outside of the State to inspect any fruits or nursery stock to be shipped into the State whenever the party asking for such inspection shall defray the entire expense of such proceeding. 90 LAWS AGAINST INJURIOUS INSECTS. By fumigation it is to be understood treatment by hydrocyanic gas. This I treatment shall be done as follows: All nursery stock to be treated should bej placed in an air-tight tent or box. For every one hundred cubic feet of space in] box or tent, take one ounce, avoirdupois weight, and fused potassium cyanide, j ninety-eight per cent strength, preferably in lumps about the size of a walnut J one and one-half ounces commercial sulphuric acid, best grade, and two and one-l fourth fluid ounces of water. First : Place the water in a three-gallon vessel i (which may be glazed earthenware) ; to this add the acid and finally thej potassium cyanide. (The cyanide would be better enclosed in a small paper bag! in which a hole is torn.) Immediately close the doors or openings, taking all pre-j cautions against inhaling the gas, as it is one of the most violent poisons known After leaving box or tent closed for forty minutes open all doors and allow at least one hour for thorough ventilation before attempting to remove stock. No! injury is caused to nursery stock if the gas is left in for more than forty minutesJ NEBRASKA. There is no law in Nebraska relating to the control of insects. NEVADA. An Act to protect and promote the horticultural interests of the State and to destrojl insect pests in orchards and elsewhere. Section 1. Whenever a petition is presented to the board of county commis-di sioners of any county and signed by twenty or more persons who are residents freeholders and possessors of an orchard, or both, stating that certain or all ] orchards or nurseries, or trees of any variety, are infested with scale insect ol any kind injurious to fruit, fruit trees, or vines, or are infested with codlidl moth or other insects or pests that are destructive to trees or vines, and praying that a commissioner be appointed by them whose duty it shall be to supervise j the destruction of such insects or trees as herein provided, the board ol county commissioners shall, within twenty days after the presentation ol such a petition, select and appoint a commissioner for the county, who shal I be known as the county horticultural commissioner. The said commissioneiH shall serve for a period of two years from and after the date of his appoint < ment and qualification or unless he shall be sooner removed by order of saic| board of county commissioners. Sec. 2. It shall be the duty of the county horticultural commissioner in eacli county, whenever he shall deem it necessary, to make or cause to be made ai ‘ inspection of any orchard or nursery or trees or any fruit-packing houseJ< storeroom, salesroom, or any other place in his jurisdiction, and if founds infested with scale bug, codlin moth, or other insect pests injurious to fruit! fruit trees, trees, or vines, he shall notify the owner or owners, or person o persons in charge or possession of said trees or place, as aforesaid, that the sam< are infested with the said insects, or any of them, or their eggs or larvae, and he shall require such person or persons to disinfect or destroy the same withii a certain time, to be specified. If within such specified time such disinfectiofp or destruction has not been accomplished, the said person or persons shall b< required to make application of such treatment, for the purpose of disinfection NEVADA. 9 1 ' or destruction of such insect pests, scale bug, or codlin moth, as may be pre- scribed by such commissioner. Sec. 3. The notice provided for in section 2 shall be a written notice and may I be served upon the person or persons owning and having charge or possession of such infested trees or places or articles as aforesaid by the commissioner or ! by any person deputed by him for that purpose ; or they may be served in the , same manner as a summons in a civil action. If the owner or owners, or any j person or persons in charge or possession of any orchard or nursery or trees or places or articles infested with the said insects, or any of them, or their ' larvse or eggs, after having been notified as above to destroy the same or make I application of treatment as directed, shall fail, neglect, or refuse to do so, he or they shall be deemed guilty of maintaining a public nuisance, and 'any such I orchards, nurseries, trees, or places, or articles thus infested shall be adjudged and the same is hereby declared to be a public nuisance, and may be proceeded against as such. If the owner or owners, person or persons aforesaid be found guilty, the court shall direct the aforesaid county horticultural commissioner ! to abate the nuisance. All the expenses or liabilities incurred in such pro- ceeding, together with the costs, shall or may be a lien upon the real property of the defendant or property proceeded against. Sec. 4. Said horticultural commissioner shall have power to divide the county into districts and to appoint a local inspector for each of said districts, who shall be known as “district horticultural inspectors,” who shall serve without com- ipensation, and who shall be subject to the supervision and control of the county horticultural commissioner, and whose authority may at any time be revoked. The county horticultural commissioner or his local inspectors shall have full power and authority to enter into any orchard, nursery, or place or places where trees or plants are kept and offered for sale or otherwise, or any house, storeroom, salesroom, depot, or any such place in their jurisdiction to inspect the same or any part thereof. Sec. 5. The county horticultural commissioner shall be paid for each day actually engaged in the performance of his duty under this act, which amount or amounts shall be payable out of the county treasury of his county. The amount of compensation shall be fixed and determined by resolution of the ‘board of county commissioners prior to the time of appointing such county hor- ticultural commissioner. j Sec. 6. Before the person appointed as county horticultural commissioner en- ters upon the discharge of his duties, or at any time thereafter, the board of ; county commissioners may require a bond of such appointee, which bond shall ibe conditioned for the true and faithful performance of the duties of such appointee hereunder and which bond shall be in an amount, with sureties, to be fixed and approved by said board of county commissioners. Sec. 7. If the county horticultural commissioner of any county shall fail or neglect to perform the duties of his office as required by this act he may be re- moved, and the district attorney of such county may institute a civil action to j recover from the sureties on such bond all damages occasioned by such failure or neglect, or any person aggrieved thereby shall have a right of action upon such bond against the sureties thereon. In case of removal of such county horticultural commissioner or of vacancy, occasioned by death, resignation, or otherwise, the county commissioners may fill such vacancy thus formed by appointment. Sec. 8. It shall be the duty of the county horticultural commissioner to keep a jtrue and accurate record of his and his local inspectors’ official acts hereunder and to make a quarterly report to the boar.i of county commissioners, and they 92 LAWS AGAINST INJUKIOUS INSECTS. may withhold any compensation due such commissioner until such time as such report is made. Sec. 9. All acts and parts of acts in conflict with the above are hereby re- pealed. Effective March 13, 1903. NEW HAMPSHIRE. An Act to authorize the State hoard of agriculture to appoint a State nursery inspector j and to provide for the pi’otection of trees and shrubs from injurious insects and 1 diseases. Be it enacted by the senate and house of representatives in general courtM convened : Section 1. The State board of agriculture shall annually appoint some person, i qualified by scientific training and practical experience, to be State nursery! inspector, and he shall he responsible to the board for the performance of his 1 duties as prescribed in this act. The said inspector may appoint such number of j deputies, not exceeding two, as he may deem necessary or expedient. Sec. 2. It shall he the duty of the State nursery inspector, either personally or j through his deputies, to inspect at least once each year all nurseries or places! in the State where nursery stock is grown, sold, or offered for sale, and if no j dangerous insect or fungous pests are found therein a certificate to that effect 1 shall be given. If such pests are found therein the owner of the stock shall take j such measures to suppress the same as the State nursery inspector shall pre- { scribe, and no certificate shall be given until the said inspector has satisfied him- t self by subsequent inspections that all such pests have been suppressed. Sec. 3. Any owners of nurseries or of places in the State where nursery stockil is grown, sold, or offered for sale, who do not hold an unexpired certificate of s inspection after the first annual inspection made after the passage of this act, : who shall sell or otherwise dispose of nursery stock in the State, shall be subject! to a penalty of not less than twenty-five nor more than one hundred dollars for each offence. Sec. 4. Any owners of nurseries or of places in the State where nursery stock ) is grown, sold, or offered for sale, who shall fumigate with hydrocyanic acid gasrl all stock which they sell, using at least two-tenths of a gram of potassic cyanide to every cubic foot of space contained in the box, house, or other place wherein this fumigation is performed, which place shall be gas tight, and who shall ! expose the said stock to the fumes of this gas of the strength aforesaid for at 1 least forty minutes, or who shall treat the stock which they sell by some other method approved by the State nursery inspector, and w T ho shall make affidavit! before a justice of the peace that all stock sold by them has thus been fumigated fc or treated, and who shall attach a copy of such affidavit to each package, box, or car of stock sold, may be exempt from the provisions of sections two and three ! of this act. Sec. 5. All nursery stock shipped into this State from any other State, country. I or province shall bear on each box or package an unexpired certificate that th< contents of said box or package have been inspected by a duly authorizedfj inspecting officer, and that said contents appear to be free from all dangerous- insects or diseases. In case nursery stock is brought within the State without! such certificate the consignee shall return it to the consignor at the expense of the latter, or shall call the State nursery inspector to inspect the same : Pro- vided, however, That any package or box bearing a certificate of fumigation NEW JERSEY. 93 which meets the requirements specified in section four of this act may be accepted as though bearing a proper certificate of inspection. Sec. 6. The State nursery inspector shall determine the season for inspecting nurseries and the forms of certificates to be given, but in no case shall he issue a certificate which shall continue in force after the first day of July next fol- lowing the date of inspection. He or any of his deputies shall at all times have ilie right to enter any public or private grounds in the performance of any duty required by this act. The cost of said inspection shall not exceed $300 annually. Sec. 7. All parties violating this act shall be prosecuted by the secretary of the State board of agriculture. Sec. 8. This act shall take effect upon its passage. Approved March 4, 1903. NEW JERSEY. Chapter 249, Laws, Session of 1903. An Act to prevent the introduction into and the spread of injurious insects in New Jersey, to provide a method for compelling their destruction, to create the office of State entomologist, to authorize inspection of nurseries, and to provide for certificates of inspection. Be it enacted by the senate and general assembly of the State of New Jersey: 1. All gardeners, horticulturists, farmers, nurserymen, and other growers of or dealers in plants of any kind, upon their own or upon leased lands or prem- ises, shall free and keep freed all plants, shrubs, trees, vines, cuttings, scions, buds, stocks, or other plant parts grown, cultivated, or dealt in by them from all injurious insects that might spread from the plants infested to others on the public highways or upon lands adjoining or belonging to others ; all plants, shrubs, trees, or parts of such so infested are hereby declared to be a nuisance, to be abated as herein prescribed, and their maintenance after notice given as hereinafter set out is hereby declared a misdemeanor, punishable as hereinafter provided. 2. For the purposes of this act the entomologist of the State experiment sta- tion is hereby declared to be the State entomologist, to serve as such at such compensation as may be prescribed by the executive committee of the State board of agriculture, and said committee, which is hereby charged with the execution of this act, may appoint an assistant or deputy to the State entomolo- gist, at such compensation as it may fix ; said executive committee may also appoint such temporary assistants and inspectors as may be needed to carry out the provisions of this act, at such compensation as it may deem reasonable. 3. The term nursery as used in this act shall include any and all lands, premises, and buildings upon, on, or in which plants, trees, shrubs, or vines of any kind, whether for fruit, shade, or ornament, are grown for sale within the State or for shipment to other States or countries ; the term nursery stock as used in this act shall be held to include any and all plants, shrubs, trees, and vines grown for sale, as well as buds, grafts, stocks, scions, and other parts of plants, shrubs, trees, and vines that may be sold for propagation; but it shall not apply to herbaceous annuals nor to plants, flowers^ vines, or cuttings grown under glass and commonly known as florists’ stock ; the term nurseryman as used in this act shall be held to include any person, firm, copartnership, or cor- poration growing plants, trees, shrubs, or vines for sale, or dealing in such stock, whether he or they be owners, lessees, or tenants of or on the premises upon which such stock is grown or offered for sale. 94 LAWS AGAINST INJURIOUS INSECTS. 4. It shall be unlawful for any nurseryman within the State to sell or offer! for sale any nursery stock or to deliver the same within the State until it has! been inspected by the State entomologist or his deputy, and until a certificate! has been issued to him in accordance with the provisions of this act ; it shall,! be the duty of every nurseryman growing stock within this State, and of every! dealer in nursery stock, to attach to every car, box, bale, or parcel of stock sent! out or delivered by him a written or printed copy of the certificate issued to! him by the State entomologist, together with a written or printed copy of a| declaration signed by such nurseryman, stating that the stock contained in such! car, box, bale, or parcel was part of that covered by such certificate, and that! the conditions upon which such certificate was issued have been fulfilled ; such! statement shall be considered a warranty as to the source of said stock, for a! breach of which a certificate may be withdrawn by the State entomologist. 5. All nurserymen growing or dealing in nursery stock within this State mustl erect and maintain upon the nursery upon which their stock is grown, or ml connection therewith, a structure suitable for fumigating nursery stock with! hydrocyanic acid gas, which shall be inspected by the State entomologist, whose! duty it shall be, if he finds the building properly constructed for the purposes! to mark upon the same the amounts of the materials to be used for the fumiga-l tion of the stock grown upon such nursery ; said entomologist shall also direcll the manner in which fumigation is to be done and the length of time during! which the stock is to be exposed to the action of the gas. 6. It shall be unlawful for any nurseryman to send out or ship from hisl nursery any stock not thoroughly fumigated with hydrocyanic acid gas to any! point within or without the State, unless such nurseryman holds a certificate! from the State entomologist that the stock grown upon such nursery is free! from dangerously injurious insect pests or those liable to become so : Provide * I That this requirement shall not apply to evergreens, conifers, herbaceous plants. 1 or to plants grown under glass only and known as florists’ stock. 7. It shall be the duty of the State entomologist to examine and inspect, onl cause to be examined and inspected, at least once in each year, at such time oJ times as he may determine, with or without notice to the nurseryman, all nursjl eries within the State, to ascertain whether the stock grown thereon is free! from dangerously injurious insects and from such as, in his opinion, are likely! to become so when transplanted or set out into orchard, vineyard, field, oi|| garden, and every nurseryman within the State shall have the right to demand! that such inspection be made in case his nursery has not been inspected prioijl to the first day of October in any year. No fee or other charge for inspections i| shall be made against any nurseryman. 8. After any nursery has been inspected it shall be the right of a nurserymaJ to demand of the State entomologist a certificate stating the condition of tin 1 stock on the inspected premises, and it shall be the duty of the State entomoloil gist to give a certificate in accordance with the facts found. If the inspection shows the presence of dangerously injurious insects or of such as are likely t< become so, the entomologist shall require of the nurseryman that he destron the infested stock and that he treat that exposed to infection in such manneil as may be necessary to render such insects harmless and the stock safe. I the inspection shows that a nursery is apparently free from dangerously injurifl i ous insects or from such as are liable to become so, the State entomologist shal issue his certificate to that effect, specifying in such certificate the date up t* which it shall remain valid: Provided, That he may impose as a condition tha; the nurseryman comply with the requirements of section six of this act, and thir condition must be accepted in writing by such nurseryman. Any nurseryman NEW JERSEY. 95 whose premises have been found infested may, after he has complied with the requirements made by the State entomologist, apply for a reinspection of his stock, and the State entomologist shall, if he finds the conditions fulfilled and the stock apparently clean, issue his certificate to that effect upon such condi- tions as may be deemed necessary for the protection of purchasers ; such condi- tions must be in writing and must be accepted by the nurseryman in writing. 9. It shall be the privilege of any nurseryman or dealer to ship under the cer- tificate issued to him nursery stock grown for him elsewhere or purchased by him from other States or countries : Provided, That all such stock be received under a certificate satisfactory to the State entomologist that it had been in- spected where grown and found to be apparently free from dangerously inju- rious insects or such as were liable to become so ; and no such stock shall be sold within the State or shipped until the certificate accompanying it shall have been submitted to the State entomologist and approved by him. 10. Any nurseryman who sells or ships to points within the State without a certificate of inspection made, or without fumigation as prescribed in section six. shall be deemed guilty of a misdemeanor and subject to a fine of fifty dollars for every sale or shipment made in violation of sections four and six of this act ; my nurseryman to whom a certificate has been issued, who shall use the same Dn stock not actually inspected, or who shall in any way fail to comply with the conditions upon which such certificate was issued or the requirements of this act shall be deemed guilty of a misdemeanor and subject to a fine of one hun- Ired dollars for each offense, and his certificate may be withdrawn and cancelled, in the discretion of the State entomologist. 11. All nursery stock shipped into this State from any foreign state or country must be accompanied by a certificate, dated not more than six months prior to the date of such shipment, or by a written or printed copy of such certificate, attached to each car, box, bale, or parcel thereof, stating that the stock to which such certificate is attached has been inspected by an officer duly authorized by the laws of the State where Sdch stock was grown and that the same was found to be free from dangerously injurious insects or from such as might be liable to become so when introduced into nursery, vineyard, farm, or garden ; any such certificate shall be accompanied by a written or printed statement from the nurseryman shipping the same declaring that such stock is part of that which was inspected by or under the direction of the officer signing the certifi- cate, and he shall further state whether or not such stock has been fumigated with hydrocyanic acid gas ; any car, box, bale, or parcel of nursery stock shipped into this State, unaccompanied by a certificate as above required, may be seized md detained by the State entomologist or under his direction wherever found, whether in the hands of a common carrier or in the hands of the consignee or his agent, and such stock may be held and detained until the same has been inspected and found free from dangerously injurious insect pests and from such as in the judgment of said entomologist are liable to become so. In case any dock so examined is found to be infested as above described, it shall be the duty of the State entomologist, and he is hereby empowered, to destroy such infested stock, and he shall require such as may not be actually infested to be •submitted to such treatment as he may deem necessary to make it safe and the insects that may be harbored in or on it harmless ; it shall be also the duty of said entomologist when, in his opinion, there is reason to doubt the truth of any certificate or a nurseryman’s statement thereunder found attached to any car. box, bale, or parcel of stock shipped into this State to detain such box, bale, or parcel of stock until the same has been inspected under bis direction and in [lease such stock is found to be infested it may be treated as uncertified and all 96 LAWS AGAINST INJURIOUS INSECTS. future shipments received from the same nurseryman may be thereafter re! garded and treated as uncertified. 12. It shall be the duty of the State entomologist, whenever complaint iJ made to him that any person, firm, or corporation is maintaining a nuisance aa prescribed in section one of this act, to investigate or cause to be investigated! as soon as conveniently possible, the truth of such charge; if after such invest tigation he decides that such a nuisance exists, he shall notify, in writing, ttw owner or occupant of the premises containing the nuisance complained of, ol the fact that such nuisance exists ; he shall include in such notice a statement of the conditions constituting such nuisance, an order that the same be abated within a specified time, which shall not be less than ten days from the date ol} such notice nor less than eight days from the date of its service as herein prej scribed, and a direction, written or printed, pointing out such methods as shoulcl be taken to abate the same ; such notice and order may be served personally oih by depositing the same in the post-office, properly stamped, addressed to thJ owner or occupant of the land or premises upon which such nuisance exists! and the directions for treatment may consist of a printed circular, bulletin, oil report of the State or college experiment station or an extract from the samel in case the notice and order served as aforesaid shall direct that any growina plant, shrub, oa* tree shall be taken out and destroyed, and the owner or groweJ of such plant, shrub, or tree shall consider himself aggrieved thereby, he shall have the privilege of appealing, within three days after the receipt of thJ notice, to a committee of appeal, consisting of three members of the Statw board of agriculture to be appointed by the executive committee of said boar case or diseases, pest or pests. Should any nurseryman, agent, or dealer or broker send out or deliver within the State trees, vines, shrubs, plants, buds, or cuttings, commonly known as nursery stock, and which are subject to the j attacks of insects and diseases above provided for, unless he has in his pos- 1 session a copy of said certificate, dated within a year thereof, deface or destroy i such certificate, or wrongfully be in possession of such certificate, he shall be guilty of a misdemeanor. All nursery stock consigned for shipment, or shipped 1 by freight, express, or other means of transportation, shall be accompanied j by a copy of said certificate attached to each car, box, bale, bundle, or package. '1 Any person consigning for shipment or shipping nursery stock as above without i such certificate attached shall be guilty of a misdemeanor. All transportation j companies within this State receiving or carrying nursery stock from any point NORTH CAROLINA. 103 without the State to any point within the State shall immediately, upon receiv- ing such consignments, notify the commissioner of agriculture of the fact that such consignment is in their possession, giving the name of the consignor and consignee and the point of destination of such consignment. All trees, plants, shrubs, buds, or cuttings, commonly called nursery stock, grown in any nursery in this State in which San Jose scale has been found within two years of the date of the dissemination of said nursery stock or grown in said nursery within one-half a mile of where said scale was found, and also all nursery stock from outside of this State disseminated or planted in this State after the first day of July, nineteen hundred and two, must be fumigated with hydrocyanic gas in such manner as may be directed by the commissioner of agriculture of this State. Such fumigation must be done by the grower, consignor, or consignee of such stock before planting, dissemination, or reshipment, except such trees, shrubs, plants, buds, or cuttings grown in this State as are planted by the grower or propagator for himself or such as from its nature or state of growth would be exempt ; in such cases the said commissioner shall declare such trees, shrubs, plants, buds, or cuttings free from such treatment. All nursery stock brought into this State from outside of this State must be accompanied by a certificate from the consignor that it has been fumigated as aforesaid. Should any such stock arrive without such certificate, the transportation company delivering it shall at once notify the said commissioner to that effect. The consignee shall also at once notify him of that fact and shall proceed to fumigate said stock, as directed by the commissioner of agriculture, without delay. Should any nursery stock purchased within one year be found infested with San Jose scale on the premises of any nurseryman, it shall not be considered such an infestation as j to require the fumigation of other stock not so purchased. The words “ nur- sery stock,” wherever used in this article, shall apply to and include all trees, shrubs, plants, buds, willow grown for nursery, baskets, or other commercial purposes, or cuttings, whether grown in a nursery or elsewhere, so far as it | relates to fumigation. The provisions of this and the preceding section shall not apply to florists’ greenhouse plants, flowers, or cuttings, commonly known | as greenhouse stock, and no certificate shall be required for shipment of native • stock collected in the United States not grown in nurseries, nor to stock so ; shipped into the State that its sale and shipment become either interstate-com- merce traffic or commerce w r ith foreign nations. (As amended by chapter 519 of the laws of 1902. NORTH CAROLINA. Chapter 264, Laws of 1897. An Act to prevent the introduction and dissemination of dangerous insect, fungous, and weed pests of crops. The general assembly of North Carolina do enact: Section 1. That for the purpose of this act the State commissioner of agri- culture, the director of the North Carolina agricultural experiment station, and the president of the North Carolina State horticultural society are hereby con- stituted a commission for the extermination of noxious insects, fungous diseases, and weeds which are affecting or may affect crops. They are empowered to elect one of their number chairman, and to adopt rules and regulations for their own government, such as may be requisite for carrying out the provisions of this act. The members of the said commission shall receive no salary, and shall 104 . LAWS AGAINST INJURIOUS INSECTS. be allowed only such expenses as have been specifically incurred and necessary in attending the meetings of the commission. Sec. 2. The members of the commission aforesaid shall hold a meeting within thirty days after the ratification of this act, and shall prepare and pub- lish a list of dangerous crop pests, known to be present within the State or liable to be introduced, and may at any subsequent meeting extend or amend said list. The commission shall also publish methods for exterminating such pests as they may deem capable of being economically exterminated within the) boundaries of the State, and for repressing such as can not be economically exterminated, and for preventing the spread of such pests within the State.1 They may also adopt regulations, not inconsistent with the laws and constitution) of this State and the United States, for preventing the introduction of dangerous crop pests from without the State, and for governing common carriers in trans porting plants liable to harbor such pests to and from the State, and such| regulations shall have the force of laws. Sec. 3. No person, firm, or corporation shall knowingly and wilfully keepl upon his or their premises any plant infested by any dangerous crop pest listed) and published as such by the said commission, or permit dangerous weed pest to mature seed or otherwise multiply upon their land except under such regu lations as the commission may prescribe. Every such infested plant and| premises are hereby declared a public nuisance. The owner of such plants o: premises shall, when notified to do so by the commission, take such measures ai may be prescribed to eradicate such pests, and if such action is not taken, or is) improperly executed within ten days after being so notified, the commissio shall cause said premises to be freed from such pests by the best availabl method, and the cost of such work shall be a lien against such premises, and may be recovered, together with cost of action, before any court in the State having competent jurisdiction. Said notice shall be written and mailed to the usual or known address, or left at the ordinary place of business of said ownei or bis agent. No damage shall be awarded the owner of such premises for entering thereon and destroying or otherwise treating any infested plant or crop, when done by the order of the commission. Sec. 4. When said commission has reason to suspect that any pest listed by] them as dangerous exists in any county in the State, they shall cause such sus picion to be verified by a person competent to determine the specific identity olj such pests of crops, and if such suspicion prove founded upon fact, shall furthe appoint, for a designated tiijie and duty, a competent person their agent to in spect such infested premises and to take such measures for treating the same the commission may direct. Any duly authorized agent of the commission shal have authority to enter upon and inspect any premises between the hours o: sunrise and sunset during every working day of the year. Any one who shall seek to prevent such inspection, or who shall otherwise interfere with any ageni of the commission while in performance of bis duties, shall, upon conviction, b< fined not less than $5 nor more than $50 for each offense, or may be imprisoned for not less than ten nor more than thirty days. Sec. 5. For the purposes of carrying out the provisions of this act, the sum o: $500 per annum, or so much thereof as is necessary, is hereby appropriated, ou of any funds in the treasury not otherwise appropriated, and shall be paid by the State treasurer upon properly authenticated vouchers signed by the chair man of the commission. Sec. 6. The said commission shall report to the governor, for transmission t< the next general assembly, its acts and disbursements under the provisions o this act. Such a report, together with all such circulars as may be issued by th< NORTH CAROLINA. 105 said commission for the purposes of this act, shall be printed in editions of one thousand copies by the public printer, and be paid, for as other public printing. Sec. 7. All laws and clauses of laws inconsistent with this act are hereby repealed. Sec. 8. This act shall take effect from and after its ratification. Ratified the 5th day of March, A. D. 1897. Rules Concerning North Carolina Nurseries. Definition of “ nursery stock” — In these rules * * * * the term “nursery stock ” is construed to include all fruit and nut trees, currant and gooseberry plants, and all such shade and ornamental trees as shed their leaves in winter (i. e., deciduous trees), whether they be grown especially for sale or taken from "he forest. It also includes all buds, grafts, scions, and cuttings from same. It does not include palms, ferns, rubber plants, evergreens (including pines, cedars, and junipers), hedge plants, cut flowers, and such other plants as are commonly known as florists’ stock, whether they be grown for sale or taken from :he forest. Nor does it include wild herbaceous plants which may be collected and sold as botanical specimens or for medicinal uses. Exceptions . — Raspberry, blackberry, and strawberry plants, grapevines, rose- >ushes, euonymus, magnolias, and osage orange are not here included under the :erm “ nursery stock,” but if known to be infested with the San Jose scale or )ther similarly serious pests will be subject to same rules as regular nursery dock which is infested. Special note. — Persons within the State of North Carolina who grow plants of he kinds named as “ exceptions ” in the preceding paragraph, and who ship such dock into other States, must make application to this commission to have their iremises inspected each year, for some other States prohibit the sale of such stock vithin their borders unless it has been inspected. But those who grow such ilants for sale only in North Carolina need not have their premises inspected unless this commission shall so decide. Definition of “ nursery.” — Any place upon which is grown, for purposes of ;ale, barter, or exchange, any of the plants or parts thereof which have been lefined as nursery stock, shall be considered as a nursery, no matter how few nay be the number of plants. This does not include those who grow stock ,!olely for their own use. Rule 1. No person, firm, or corporation shall sell, offer for sale, exchange, \ >arter, or give away any such plants or parts of plants above described as nur- I ery stock, and which are grown within the State of North Carolina, unless in tossession of a valid certificate of inspection previously obtained from this f ommission. Rule 2. Every carload, box, bale, package, or delivery of nursery stock (even f it be only a single tree) which is sold, exchanged, bartered, or given away by >ny person, firm, or corporation whose place of business is in North Carolina, hall be accompanied by a valid copy of the certificate of inspection plainly and ! ecurely attached. And any nursery stock being shipped for delivery which is ; iot accompanied by such copy of certificate is declared to be a public nuisance tnd is liable to be destroyed without compensation to the consignor. And no •gent of any transportation company or common carrier can accept for trans- t >ortation, within the State of North Carolina, any shipment of stock not accom- i >anied by such copy of certificate, plainly and securely attached. 106 LAWS AGAINST INJURIOUS INSECTS. Rule 3. If any trees, plants, or parts thereof, being shipped for delivery at any point in North Carolina, whether or not included under the term nursery stock, and whether or not accompanied by a certificate of inspection, are found by any agent of this commission to be infested with living San Jose scale, such entire shipment is declared to be a public nuisance and is liable to destruction without compensation to the consignor. Rule 4. Each nursery in the State shall be inspected at least once each year by the entomologist or his assistants or other authorized officer, in order to de-^ termine whether insect or other pests of such nature as to be a serious menace to the purchaser are present on the stock offered for sale. If the stock is appar- ently free from such serious pests and otherwise in good condition, and the per- son, firm, or corporation is apparently conducting his or its business in an hon- orable manner, a certificate of inspection of nursery stock shall be issued. Rule 5. In case nursery stock in any nursery in the State be found to be in- fested with such pests as to render the sale of the plants a serious menace to the welfare of the purchaser, the certificate of inspection shall not be issued until the premises have been so treated that the salable stock to be covered by the certificate shall be apparently free from the pest or pests indicated, and the treatment to be applied shall be such as the entomologist or other officer making the inspec- tion shall prescribe. Rule 6. When it is required that infested nursery stock shall be destroyed, fumigated, or otherwise treated, the statement of the person, firm, or corporation that such treatment has been given may be accepted as evidence that the require- ment has been fulfilled, but the certificate may be withheld pending investigation, should the entomologist or other authorized officer have reason to doubt the thoroughness of the work done or the truthfulness of the statement. Rule 7. All trees, buds, grafts, scions or cuttings of apple, apricot, cherry, peach, pear, plum, and quince which shall be sold, exchanged, bartered, or given away, and which are grown within the State of North Carolina, shall be fumi- gated .with hydrocyanic-acid gas shortly before shipment or delivery in a tight box or room suitable for the purpose, in accordance with directions furnished by the entomologist or other authorized officer. Rule 8. This commission reserves the right to permanently withdraw the cer- tificate of any person, firm, or corporation within the State of North Carolina which shall make any false statement concerning treatment of nursery stock, for any violation of the above rules, for any false statement to customers regard^ ing fumigation of stock, or for fraudulent practices carried on through the use of the certificate of this commission. False and preposterous claims of any kind evidently made to deceive the customer may be considered as evidence ol fraud. Rules Governing the Transportation of Nursery Stock in North Carolina [Definition of “ nursery stock,” etc., same as under preceding heading.] Rule 1. No transportation company or common carrier shall deliver to any consignee in this State any carload, box, bale, package, or specimen of nursery- stock unless same shall have plainly attached thereto a valid certificate ol inspection made in favor of the consignor, stating that the premises of the con signor have been inspected and that the salable stock growing thereon was apparently free from the San Jose scale or other dangerous insect or contagious- disease and otherwise in good condition. Rule 2. If any nursery stock be presented to any transportation company oi NORTH CAROLINA. 107 ommon carrier at any point within the State of North Carolina or for delivery a said State, and such stock be not accompanied by a valid certificate of inspec- ion plainly and securely attached, the company or its agent shall refuse same or transportation, and shall at once report the case to the entomologist, stating he name of the consignor, consignee, and nature of the stock, and the ento- nologist shall advise as to the course to be followed. Such a shipment is leclared to be a public nuisance, and may be destroyed by any agent of this ■ommission or on his written order, without compensation to the consignor. Rule 3. Any trees or plants being shipped to or from any point in North Carolina, whether or not they be of the kinds above defined as nursery stock, ind whether or not they be accompanied by a certificate of inspection, are aereby declared to be a public nuisance if found by any agent of this commission o be infested with the San Jose scale or other dangerous insect or contagious disease, arid such stock may be destroyed by any agent of this commission or >y his written order, without compensation to the consignor. Rules and Suggestions Applying to Nurseries Outside of North Carolina which do Business in the State. Rule 1 . No person, firm, or corporation shall sell, offer for sale, exchange, 'Darter, or give away within the State of North Carolina any such plants : tS are above defined as nursery stock unless such person, firm, or corporation |is in possession of a valid certificate of inspection issued by the properly au- liorized officer of the State where such stock is grown, arid such certificate must date that the premises of such person, firm, or corporation have been inspected ind that the growing of salable stock covered by the certificate is apparently free from San Jose scale. Rule 2. Every carload, box, bale, or package (even if it be only of a single itree) of nursery stock which is sent into the State of North Carolina for deliv- ery must be accompanied by a valid copy of the certificate of inspection, which '■hall be plainly and securely attached. This shall be construed to mean that a shipment, no matter how large, if sent in one lot at one time and to one con- signee, may be covered by a single copy of the certificate. And any shipment of nursery stock not accompanied by such a certificate is declared to be a public nuisance and is liable to be destroyed without compensation to the consignor. Rule. 3. If any trees, plants, or parts thereof, being shipped for delivery at any point in North Carolina, whether or not included under the term “ nursery stock,” and whether or not accompanied by a certificate of inspection, are found by any agent of this commission to be infested with living San Jose scale, such entire shipment is declared to be a public nuisance and is liable to destruc- tion without compensation to the consignor. Rule 4. Every person, firm, or corporation outside of the State, and who desires to do business within the State of North Carolina, is required to file with the entomologist a copy of the certificate of inspection, which shall be valid for the ensuing season, and upon filing such certificate with the entomologist such person, firm, or corporation is at once qualified to ship nursery stock into fhe State. Rule 5. This commission reserves the right to forbid transportation companies or common carriers from delivering within the State of North Carolina the stock of any person, firm, or corporation if it has reason to believe that the trade of such party is being fraudulently conducted. False and preposterous claims evidently made to deceive the purchaser may be considered as evidence of fraud. 108 LAWS AGAINST INJURIOUS INSECTS. I Quarantine against the Mexican Cotton Boll Weevil. [The following regulation has been adopted by the North Carolina crop pe* j commission as a protection against the Mexican cotton boll weevil:] Section 1. The following counties in Texas and parish in Louisiana are coil sidered to be localities infested with boll weevil : In Texas the counties of Ai 1 derson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Blanc«l Bosque, Bowie, Bransoria, Brazos, Brown, Burleson, Burnet, Caldwell, Calhouil Cameron, Camp, Cass, Chambers, Cherokee, Collin, Colorado, Comal, ComancbJ Cooke, Coryell, Dallas, Delta, Denton, Dewit, Duval, Eastland, Ellis, Eratll Falls, Fannin, Fayette, Fort Bend, Franklin, Freestone, Galveston, Gillespiil Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Hamilton, Hardiil Harris, Harrison, Hays, Henderson, Hidalgo, Hill, Hood, Hopkins, Houstoil Hunt, Jack, Jackson, Jasper, Jefferson, Johnson, Karnes, Kaufman, Kendall Lamar, Lampasas, Lavaca, Lee, Leon, Liberty, Limestone, Live Oak, Llan< j Madison, Marion, Matagorda, McLennan, McMullen, Milan, Mills, Montagu the point from which such shipment originated. NORTH DAKOTA. [Law Relating to Grasshoppers (1897).] No. 1705. Notice, how and when served. Where the owner of the land on hich said board shall have decided plowing must be done for the purposes mrein specified cannot with reasonable diligence be served with notice within ie State, it shall be sufficient to serve the said notice by publication thereof for ro successive issues in the official newspaper nearest said tract. No. 1706. Must plow in -five days. If the owner or incumbrancer, if any, tall fail to plow said tract or tracts as ordered and directed by said board of mnty commissioners within five days after notice as herein provided, then in lat event said board of county commissioners shall cause said tract or tracts be plowed, or so much thereof as may be by them deemed necessary, and idit and pay for said work out of the general fund of said county upon war- nt as in other cases made and provided. No. 1707. Expense a lien upon land. Immediately after the said accounts are idited and paid by said county commissioners it shall be the duty of the unty auditor to certify to the county treasurer the amount so expended upon ch piece and parcel of land, which certificate shall contain the name of the cord owner or incumbrancer of said tract, a true description of said land, the aount paid by the county for plowing done thereon, and the county treasurer all thereupon enter said amount against said land as taxes are entered ;ainst land, and the said amount shall constitute a lien upon said land prior to 1 other incumbrances, and shall bear interest at the rate of seven per cent per mum from date of entry by the county treasurer, and collection thereof may ereafter be made and enforced in the same manner as delinquent taxes are forced and collected against real property. No. 1708. Payment out of general fund. When the board of county commis- rners shall deem the plowing of State land necessary for the purposes herein ecified, they shall order the same done, and payment therefor may be made t of the general fund of the county upon warrant as in other cases provided: ovided, however, That no growing crops shall be destroyed under the pro- tons of this article: Provided further, That where the board of county com- issioners shall deem it necessary to cause plowing upon Government land Id by resident claimants, or other means to cause the destruction of grass- ppers and Rocky Mountain locusts, said claimant shall be liable to the county a civil action for all moneys necessarily expended in carrying out the direc- ms of the board of county commissioners for the purposes herein specified. 110 LAWS AGAINST INJURIOUS INSECTS. OHIO. Section 1. The Ohio State board of agriculture is hereby empowered uni directed to make such regulations as may be deemed necessary for the control (fl dangerously injurious insect pests and plant diseases, and for the prevention <1 the spread of' San Jose scale, peach yellows, black knot, and any other dangel ously injurious insect pests or plant diseases, which are hereby declared a publil nuisance, and are liable to be transmitted on nursery stock. Said board is herebl authorized to establish a division of nursery and orchard inspection in the Ohio d<| partment of agriculture, and to appoint a competent entomologist as the chitl inspector of said division, and the necessary assistants, who shall, under til direction of the board have charge of the inspection of nurseries and orchard! as hereinafter provided; he may investigate, or cause to be investigated, oufl breaks of dangerously injurious insect pests or plant diseases, and recommenl suitable measures to be taken for their eradication or control ; he is empower* to devise and test practical remedies for their suppression, and publish til results of these investigations and such other information as may be deem* necessary. Sec. 2. Every nurseryman or other person in the State of Ohio who is engage in growing trees, shrubs, plants, and vines for sale, except such as are hereil after specified, shall on or before the first day of July of each year place on fij in the office of the Ohio department of agriculture an application for the inspel tion of his nursery stock and premises. Failure to file such application, or til disposal of uninspected stock, either by sale or gift, shall render the ownil liable to the penalty provided for in section 8 of this act. The chief inspect! shall examine, or cause to be examined, before September 15th of each year, J as often as may be deemed necessary by said board, the nurseries and premisl of all parties whose applications for inspection have been filed. If upon su<| examination the nursery stock and premises appear to be free from San Jo< scale, peach yellows, black knot, and other dangerously injurious insect pesl or plant diseases, a certificate of inspection shall be given to the owner or less! stating the facts, and said certificate shall be issued before September 15th an shall be valid for one year from that date unless sooner revoked for cause, any dangerously injurious insect pests or plant diseases are found on nurse! stock or premises, the chief inspector shall order and enforce such treatment ;| shall be deemed sufficient before granting a certificate of inspection. Upon tj written request of the owner or lessee of any nursery premises that has be<| regularly inspected in accordance with the provisions of this section, the sal board, through the chief inspector, may issue a certificate of fumigation, pi] vided that all the requirements of the said board have been complied with, ail that the said fumigation shall be in accordance with the directions and undj the supervision of an authorized assistant inspector appointed by said boar! The provisions of this act shall not apply to greenhouse plants and cuttin thereof, bulbs, flowers, and vegetable plants. Sec. 3. Every agent, dealer or any other person, not engaged in grown] trees, shrubs, plants, or vines for sale, who sells or delivers such stock, sha before delivering the same annually place on file in the office of the Ohio depa| ment of agriculture a statement made under oath, before an officer qualified ! administer oaths in the locality where he may reside, or if a nonresident of t State in the locality where the said stock is sold or delivered, that the said stol has been duly inspected and was received by him accompanied with a val official certificate of inspection or fumigation. Said statement shall also desjl nate the name of the grower or growers from which such stock was obtainjj and the name of the owner or owners of the certificate or certificates undjl OHIO. Ill which the same is sold or delivered. The premises of any such person or per- sons as aforesaid shall be subject to inspection and to such regulations as may be deemed necessary by the Ohio State board of agriculture for the prevention of the spread of dangerously injurious insect pests or plant diseases. Failure to file such sworn statement, or the sale or delivery of such stock after the certificate under which it was bought has become invalid shall render the agent or dealer liable to the penalties prescribed in section 8 of this act. The pro- visions of this section shall not apply to any person or persons who sell or deliver such stock from nurseries within this State that hold a valid certificate, which is provided for in this act, if the said stock is delivered direct from the nursery to the grower in the original package. . Sec. 4. Whenever a nurseryman, or any other person, shall ship, or deliver, within this State, except for scientific purposes, trees, shrubs, plants, or vines, commonly known as nursery stock, not excepted in section 2 of this act, he r a regularly appointed assistant, by the railroad, express, or steamboat com- pany, or by any other person or persons carrying the same, and it shall be unlaw- ful to deliver such property until it has been examined by a regularly appointed inspector, and by him certified to be apparently free from dangerously injurious I nsect pests and plant diseases. Any agent or common carrier, or persons carry- ng such property as aforesaid, who shall fail to give such notice as is hereby I nquired, shall be deemed guilty of a violation of this act. When nursery stock s shipped into this State accompanied by a certificate, as herein provided, it hall be held as pri.ma facie evidence of the facts therein stated, but the chief nspector, when he has reason to believe that any such stock is infested or nfected, as hereinbefore described, is hereby authorized to cause the same to be •xamined. In case the same is found to be infested or infected by dangerously njurious insect pests or plant diseases, it shall be seized and the shipper shall >e immediately notified, and after ten days from such seizure it may be declared t public nuisance and destroyed. Sec. 6. Upon the petition of any freeholder or lessee within the State of Ohio, he chief inspector may cause to be examined any trees, shrubs, plants, or vines, ■ither on the premises of said petitioner, or in dangerous proximity thereto, as to he presence of dangerously injurious insect pests or plant diseases, and shall by limself, or through his assistants, have the right, within reaonable hours, to nter upon any premises in the prosecution of the duties defined in this act. If he examination discloses the presence of San Jose scale, peach yellows, black 'mot, or any other dangerously injurious insect pests or plant diseases, the chief nspector shall notify the owner or lessee of the premises in writing of the facts 112 LAWS AGAINST INJURIOUS INSECTS. by mailing such notice to his usual post-office address. He shall also state ttu limit of time within which treatment must be applied by the owner or lessee, ii accordance with the directions issued by the Ohio State board of agriculture, anc specify such trees, shrubs, plants, or vines as must be destroyed, also when thej shall be declared a public nuisance, provided the aforesaid orders are not com plied with. Should the owner fail to apply the treatment required in said notic< in a satisfactory manner, and within the time specified, such treatment may b« carried out under the direction of the chief inspector, and the entire cost of sucl treatment shall be certified to the county auditor of the county in which tin property is located, and the same shall become a lien on the premises and shal be collected by the county treasurer as other taxes, and when collected shall b( paid to the Ohio State board of agriculture. The owner of any premises a* hereinbefore mentioned shall, in addition, be deemed guilty of a violation 02 this act, by reason of failure to comply with the requirements of said notice anc shall be liable to the penalty provided. Sec. 7 . Whenever the chief inspector, or any duly appointed assistant in spector, shall order any trees, shrubs, plants, or vines growing in this State, oi any nursery stock that has been shipped in from outside the State, to be de stroyed, and the owner shall fail, for ten days after notice of such order, tc destroy the same, as directed by such order, such failure shall be deemed s demand on the part of the owner to have judicially determined the right tc enforce such destruction, and shall act as a stay upon the proceedings until suet judicial determination shall be had ; and, in such case, the chief inspector, 01 any duly appointed assistant inspector, shall commence, without delay, an actior in the probate court of the county in which the trees, shrubs, plants, or vines, 01 nursery stock are located, by filing an affidavit therein, setting forth that the trees, shrubs, plants, or vines, or nursery stock are infested or infected with dangerously injurious insect pests or plant diseases, a description of the prem ises whereon the same are located, the name of the owner or lessee of such premises, and of all persons having an interest in such premises or trees, shrubs plants, or vines, and, if the same are nursery stock, the name of the person! firm, or corporation in whose possession the same are found, and that ten days* have elapsed since orders have been made for the destruction of the same, and| that such orders have not been obeyed. Upon such affidavit being filed the pro-B bate judge shall issue a summons for all persons named in such affidavit, whicbB shall contain a copy of said affidavit, commanding them to appear at a tirncB to be fixed therein, not exceeding five days from the date thereof, to answeiB such complaint ; such summons shall be directed to, and served by, the sheriff!! of the county, and may be served by him in any county in this State, and shall t be served and returned, as directed by said probate court. At the time fixed! in such summons, if the jury be not waived, said court shall order a jury tc % be drawn, and such jury shall be drawn, summoned, and impaneled, as in otherjl civil cases in probate courts, and the State of Ohio shall be plaintiff and theB persons named in the affidavit shall be defendants, and no pleadings other than! such affidavit shall be required, and the issue shall be whether said trees, shrubs.ll plants, or vines, or nursery stock are infested or infected with dangerously)! injurious insect pests or plant diseases, and all proceedings shall be had in the trial of such complaint as are provided for the trial of civil cases in probate ! courts. If the jury shall find that the orders for the destruction of the trees.ij shrubs, plants, or vines, or nursery stock, shall be obeyed, it shall return a ver- dict finding the issues with the plaintiff, but if it should fail to so find, it shall return a verdict finding the issues with the defendant, or defendants; and if the issues are found with the plaintiff, the court shall enter judgment against the defendant, or defendants, for costs, and cause execution to be issued there- OHIO. 113 i? or, and shall issue an order to the chief inspector, or assistant inspector, to Enforce the orders by him made; but if the issues are found with the defend- Imt, or defendants, the action shall be dismissed and the orders for destruction mnulled, and the costs shall be ordered paid by the Ohio State board of agricul- ture, and paid by it out of any funds appropriated for carrying out this act. In J:he matter of taxing and apportioning costs, the court shall have the same equity powers as are now conferred upon courts of common pleas, if Sec. 8. Any owner or lessee who shall fail, neglect, or refuse to treat infested pr infected trees, shrubs, plants, or vines within the time, and in the manner, jbrescribed in said notice, and any person who shall be ordered to destroy any itrees, shrubs, plants, or vines, or nursery stock, and shall fail, neglect, or refuse [to destroy the same, as ordered, within ten days after the probate court shall jhave issued its order to the chief inspector or assistant inspector, to enforce the j:>rders by him made, and any person who shall fail, neglect, or refuse to com- ply with, or obey, any order made pursuant to the provisions of this act, or who shall fail, neglect, or refuse to comply with any of the requirements or provi- sions hereof, or who shall violate or neglect to carry out, or offer any hindrance to the carrying out of any of the provisions of this act, shall be adjudged guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less ichan ten dollars or more than one hundred dollars for the first offense ; and not less than fifty dollars or more than three hundred dollars for any subse- quent offense, and the cost of prosecution, and stand committed until the same are paid. It shall be the duty of the prosecuting attorney of the county to con- luct all prosecutions under this act, and all fines recovered shall be paid to the 3hio State board of agriculture. The probate court of each county in this State shall have original and final jurisdiction in all the prosecutions under any of the provisions of this act, and, for the trial of the same, such courts shall always be open regardless of the terms fixed in said courts for the trial of criminal cases, and the complainant shall not be required to give security for costs. Sec. 9. The Ohio State board of agriculture shall make an annual report to the governor of the State concerning the operations of the division of nursery and orchard inspection, which shall give the number of nurseries inspected, the number of certificates issued, the number of trees treated and destroyed by the direction of the chief inspector, and such other information as may be leemed necessary. Sec. 10. Said act passed May 10, 1902, entitled “An act to amend an act passed A.pril 14, 1900, entitled ‘An act to prevent the introduction and spread of the San Jose scale and other dangerous insects and dangerously contagious dis- jeases affecting trees, shrubs, vines, plants, and fruits,’ ” is hereby repealed ; and that this act shall take effect and be in force from and after its passage. Regulations of the Ohio Department of Agriculture Concerning the Inspection, Certification, and Fumigation of Nursery Stock. In compliance with the nursery and orchard inspection law of Ohio, all appli- cations for nursery inspection must be placed on file in this office on or before July 1 of each year. As the law exempts “ greenhouse plants and cuttings thereof, bulbs, flowers, and vegetable plants ” from inspection, no certificates on stock of this character will be issued unless the cost of inspection is paid by the owner. 7418— No. 61 m 8 114 LAWS AGAINST INJURIOUS INSECTS. Certificates of inspection will not be issued covering the stock or the premise upon which nursery stock is grown, if any of the insect pests or plant disease named in the above-mentioned act are found to be present thereon, until al infested or infected trees, shrubs, plants, and vines have been treated as pr€ scribed by the division of nursery and orchard inspection of the Ohio depart ment of agriculture. If San Jose scale or peach yellows are found, the affecte; trees, shrubs, plants, and vines must be destroyed, and, as an additional prt caution, if San Jose scale is found in the nursery or in dangerous proximit; thereto, fumigation of the stock will be required. Said fumigation will be con ducted under the direction of . an assistant inspector. After certificates of inspection have been granted should any trees, shrubs plants, or vines be found to be infected by crown gall or other dangerous plan disease or diseases, or infested with insects affecting the roots, the same mus be burned by the nurserymen, and failure to comply with this regulation may b deemed sufficient cause for the revocation of said certificates. Applications for certificates of fumigation must be made on special blanks w T hich will be furnished on request. Such certificates will be granted after th regular nursery inspection has been made and the requirements of the divisioil of nursery and orchard inspection have been complied with, and in all cases thfj stock will be fumigated under the immediate supervision of an assistanl inspector, as is required by law. All potassium cyanide for fumigating purposes will be furnished through thil office at cost, put up in charges ready for use. Fumigating houses should bl thoroughly repaired before the inspection is made. For the convenience of nurserymen doing business in other States, duplicate certificates will be issued on request and sent to the official inspectors in th> States where such are required to be filed. Nurserymen and growers are cautioned to allow no stock to be sent out fronB their grounds unless accompanied with copies of their certificates for the curia rent year, as provided by law. OKLAHOMA. An Act relating to insects and diseases which are injurious to growing crops, nurser;B stock, fruit or shade trees, bushes, shrubbery and vines, grains, fruits, and vegetables® providing for the establishment and maintenance of quarantine regulations for the pur* pose of preventing the introduction and dissemination of same, for the inspection o| nurseries and the regulation of nursery agents, prescribing penalties for the violatioi* of such provisions, and for other purposes. ■ Be it enacted by the legislative assembly of the Territory of Oklahoma: Section 1. That it shall be unlawful for any person, firm, or corporation tr Territory in which such nursery stock shall have been grown, duly certified >ver the fac simile signature of the secretary of the board of agriculture. All •onsignments of nursery stock not so labeled or tagged shall be liable to seiz- ire and confiscation by the duly authorized entomologist or inspector of the )oard of agriculture. Rule 2. The inspector and his assistants shall have authority to inspect my shipment of nursery stock at any station in this Territory, and shall have authority to stop any nursery stock when in transit, for the purpose of inspect- ing the same, regardless of whether such stock shall bear a certificate of in- spection or not. The inspector shall have authority to seize, condemn, and destroy any nursery stock infested with San Jose scale or other seriously in- jurious insect or disease found within the confines of this Territory. Rule 3. Each and every person, firm, or corporation growing nursery stock for sale in this Territory shall apply to the secretary of the board of agricul- ture for inspection on or before June 1st of each year. It shall be the duty of the secretary to cause inspection of such nursery not later than September 1st. If upon such inspection the nursery stock and premises be found apparently free from San Jose scale and other seriously injurious insects and plant diseases, a certificate shall be given to that effect. On and after July 1st, 1905, a copy of said certificate, bearing the facsimile signature of the secretary, .shall be attached to each and every box, bundle, and package of nursery stock shipped within this Territory. Shipments of nursery stock not so labeled shall be refused if found in transit or in the possession of any common carrier by the entomologist or his assistants, shall be liable to confiscation and destruction. Rule 4. Transportation companies and their agents shall immediately notify the secretary of the board of agriculture (Guthrie, Oklahoma) when, by over- sight, negligence, or otherwise, any shipment of nursery stock without a proper certificate attached shall arrive at any station in this Territory, and it shall 118 LAWS AGAINST INJURIOUS INSECTS. be the duty of the secretary to proceed as speedily as possible, by himself o a duly authorized inspector, to investigate and dispose of such shipment. Rule 5. The inspector of the board of agriculture shall have power to requir any nurseryman in the Territory to fumigate his trees, shrubs, or plants wit! hydrocyanic acid gas or other substance when, in his judgment, such treatmenl is necessary or advisable for the proper protection of the agricultural or horti cultural interests of the Territory or any section thereof. Rule 6. In addition to fruit trees the following shall be classed as nurser; stock if offered for sale and shall be subject to the regulations governing tb inspection and transportation of the same : Strawberry plants, vines, ornamenta trees and shrubs, and field-grown roses. Rule 7. All nursery stock grown in States or Territories where there is n. nursery-inspection law shall be inspected by the entomologist of the board o agriculture before the same can be delivered to the consignee. Rule 8. All fees for inspection shall be determined upon a basis of the actua cost of the same. Rule 9. Tags or labels for use as prescribed in rules 1 and 3 may be procurer from the secretary of the board of agriculture at actual cost, the prices beinj as follows, to wit : Seventy-five cents for the first hundred and 30 cents for eacl additional hundred, postpaid, or, in larger lots, by express at purchaser’s ex pense, per 500, $1.75 ; per 1,000, $2.50 ; cash to accompany order in all cases. Rules and Regulations Concerning Cotton Seed. Rule 1. For the purpose of preventing the introduction of the Mexican cottoi boll weevil into the Territory of Oklahoma from the State of Texas, where tb same is now known to exist, a rigid quarantine is hereby declared against tb following counties in the State of Texas, to wit, Anderson, Angelina, Aransas Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Blanco, Bosque, Bowie, Brazos Brazoria, Brown', Burleson, Burnet, Caldwell, Calhoun, Cameron, Camp, Cass; Chambers, Cherokee, Collin, Colorado, Comal, Comanche, Cooke, Coryell, Dallas: Delta, Denton, Dewitt, Duval, Eastland, Ellis, Erath, Falls, Fannin, Fayette Fort Bend, Franklin, Freestone, Galveston, Gillespie, Goliad, Gonzales, Grayson Gregg, Grimes, Guadalupe, Hamilton, Hardin, Harris, Harrison, Hays, Hender son, Hidalgo, Hill, Hood, Hopkins, Houston, Hunt, Jack, Jackson, Jasper Jefferson, Johnson, Karnes, Kaufman, Kent, Lamar, Lampasas, Lavaca, Lee Leon, Liberty, Limestone, Live Oak, Llano, Madison, Matagorda, Marion McLennan, McMullen, Milam, Mills, Montgomery, Morris, Nacogdoches, Navarro Nueces, Newton, Orange, Palo Pinto, Panola, Parker, Polk, Rains, Red River Refugio, Robertson, Rockwell, Rusk, Sabine, San Augustine, San Jacinto, Sai Patricio, San Saba, Shelby, Smith, Somervell, Starr, Stephens, Tarrant, Titus Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Waller, Walker, Washington Wharton, Williamson, Wilson, Wise, Wood, and also against the following parishes in Louisiana, Sabine, Vernon, Calcasieu, and De Soto, as well a> against all other counties of Texas or parishes of Louisiana where the saic Mexican boll weevil may be known to exist ; and in order to prevent the intro duction into the Territory of Oklahoma of the said Mexican boll weevil it b hereby declared : Rule 2. That no cotton seed, cotton-seed hulls, seed cotton, and cotton-seec sacks (which have been used), cotton pickers’ sacks, corn in the shuck, unsack® corn, unsacked oats, unsacked wheat, unsacked oats, and unsacked cowpeas shal OREGON. 119 it any time be brought into the Territory of Oklahoma from the infested counties >f Texas or parishes of Louisiana. Rule 3. That the following commodities are not restricted at any time, pro- ided no quarantined articles are used in packing: Fruit, truck, rice, and rice- jrain products. Rule 4. That all shipments of household goods from infested areas shall be >rohibited, unless accompanied by an affidavit, attached to the waybill, to the effect that the shipment contains no cotton, cotton seed, seed cotton, cotton-seed mils, and cotton-seed sacks, cotton-pickers’ sacks, corn in the shuck, hay, straw, >r loose Spanish moss, either as packing or in any other way, unless the ship- nent be made during the months of July, August, and September, when hay, draw, corn shucks, or Spanish moss may be used for packing. Such shipments nay, however, be subject to inspection at the discretion of the entomologist of the board of agriculture. Rule 5. That through shipments of quarantined articles shall be made in tightly closed box cars and shall not be unloaded while in transit through the Territory. Rule 6. That shipments of baled cotton into Oklahoma shall be made in tightly closed box cars. Rule 7. That no common carrier shall use for bedding or feed for live stock any of the quarantined articles, except during July, August, and September, when hay, straw, Spanish moss, or corn shucks may be used. Rule 8. That the quarantine hereby declared may from time to time be ex- tended so as to include other counties of the State of Texas or parishes of Louisiana. Rule 9. That no person or persons, except a duly recognized entomologist, shall bring or cause to be brought into the Territory, by mail, express, or other- wise, any living specimens of the Mexican cotton boll weevil in any of its forms of development or egg state. Rule 10. All railroads, express companies, and other companies and other common carriers, and all private vehicles, etc., entering the Territory of Okla- homa from the States of Texas or Louisiana, or passing through the Territory of Oklahoma from any of the infested districts of the State of Texas or Louisi- ana are especially enjoined to comply with the requirements of this order and of the laws of the Territory of Oklahoma governing the same. OREGON. Laws of 1899. An Act to amend an act entitled “An act to create a State board of horticulture and appropriate money therefor, approved February 25, 1889, and an act amendatory thereof, entitled ‘An act to amend an act entitled an act to create a State board of horticulture and appropriate money therefor,’ approved February 25, 1889, approved February 21, 1891, and to protect . the horticultural industry in Oregon, and an act amendatory thereof, entitled an act to amend an act entitled ‘An act to create a State hoard of horticulture and appropriate money therefor,’ approved February 25, 1889, and an act amendatory thereof, entitled an act to amend an act entitled ‘An act to create a State board of horticulture and appropriate money therefor, approved Feb- ruary 25, 1889,’ approved February 21, 1891, and to protect the horticultural industry in Oregon,” approved February 23, 1895. Be it enacted by the legislative assembly of the State of Oregon : ****** Sec. 2. The members shall reside in the districts for which they are respec- tively appointed. They shall be selected with reference to their knowledge of 120 LAWS AGAINST INJURIOUS INSECTS. and practical experience in horticulture and the industries connected therewith . and shall be engaged in practical horticulture during their incumbency of th^ office of commissioner. They shall hold office for the term of four years, ancj I until their successors are appointed and have qualified, unless removed by the] 1 appointing board for failure to perform their duties. It shall be the duty of the president to visit at least once a year every district, and examine the orchards] nurseries, and work of the district commissioners, and ascertain whether or noi the law and regulations of the board are being properly executed. He musl personally inspect most of the orchards during the fruit-growing season, see ; that the regulations of the board regarding spraying are being faithfully exei j cuted wherever insects, pests, or disease injurious to tree or fruit are to be found. He must visit the principal fruit-shipping points during the shipping season, inspect the fruit shipped, and prevent the shipment of insect and pest infested fruit. He shall give notice through the public press one week in advance of his visit to each county, giving the time and place of his visit ■ where he shall receive complaints of fruit growers, and distribute to them printed and oral instructions regarding destruction of pests, and other informal tion, including proper methods of handling, packing, and shipping fruits. It; shall also be his duty to visit, when possible, if requested by an association or a number of fruit growers, the meetings of such associations of fruit growers] and aid them in the organization of proper associations beneficial to the growing and marketing of fruits. The president shall preside at all meetings of the board, and may call special meetings whenever an emergency may require it. He shall make an annual report to the appointing board of the general condi-i tion of the fruit interests of the State and success of the commissioners in the' work of exterminating pests and executing the law. Sec. 15. Inasmuch as the provisions of this act are of immediate importance] to the horticultural interests of this State, this law shall take effect from and) after its approval by the governor. Approved February 17, 1899. An Act to protect the fruit and hop industry of Oregon. Be it enacted by the legislative assembly of the State of Oregon: Section 1. It shall hereafter be unlawful for any person, firm, or corporation, >j owning or operating any nursery, fruit orchard of any kind, hopyards, flower* gardens, or ornamental trees to throw any cuttings or prunings from any fruiti trees, nursery stock, ornamental trees, or hop vines into any public road, high-1 way, lane, field, or other inclosure, or into any water course of any kind ; but shall destroy such cuttings or prunings with fire within thirty days from thel time such cuttings or prunings are made. Sec. 2. It shall hereafter be the duty of any person, firm, or corporation! owning or operating any such nursery, fruit orchard, hopyard, flower garden, or ornamental trees, and knowing such to be infected with any kind of insects,! pests, or disease, to immediately spray or destroy the same in such manner as the fruit commissioner for his district may direct. Sec. 3. It shall be unlawful for any person, firm, or corporation doing business i in the State of Oregon to sell Paris green, arsenic, London purple, sulphur, or any spray material or compound for spraying purposes in quantities exceeding i one pound without providing with each package sold a certificate, duly signed by the seller thereof, guaranteeing the quality and per cent of purity of said materials. Sec. 4. Any person, firm, or corporation selling any of the above materials, which do not conform with the certificate furnished therewith shall be deemed? OREGON. 121 uilty of a misdemeanor, and upon conviction thereof shall be subject to a fine f not less than twenty-five ($25) dollars nor more than one hundred ($100) jollars. | Sec. 5. It shall be unlawful for any person, firm, or corporation to import Jr sell any infested or diseased fruit of any kind in the State of Oregon. 1 Sec. 6. Every person who packs or prepares for shipment to any point without Ibe State, or who delivers or causes to be delivered to any express agent or ailroad agent or other person, or to any transportation company or corporation lor shipment to any point without the State any fruit or fruits, either fresh, ured, or dried, that is infected with insects, pests, or diseases injurious to trees, hrubs, plants, fruits, or vegetables is guilty of a misdemeanor. ^ Sec. 7. Any person, firm, or corporation violating any of the provisions of i his act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, I hall be punished by a fine of not less than twenty-five ($25) dollars nor more I han one hundred ($100) dollars. I I Sec. 8. It shall be the duty of the commissioner of the State board of horti- julture of the district in which a violation of this act occurs to present the Ividence of the case to the district attorney, whose duty it shall be to prosecute jny person guilty of a violation of this act, which prosecution may be brought ila any of the justice courts of this State. I Sec. 9. Inasmuch as the horticultural interests of this State demand imme- diate attention, this act shall be in full force and effect from and after its jpproval by the governor. Approved . Quarantine Regulations. ; Rule 1. All consignees, agents, or other persons shall, within twenty-four ours, notify the quarantine officer of the State board of horticulture, or a duly commissioned quarantine guardian, of the arrival of any trees, plants, buds, or Scions at the quarantine station in the district of final destination. Rule 2. All trees, plants, cuttings, grafts, buds, or scions imported or brought |ato the State from any foreign country, or from any of the States or Territo- ies, are hereby required to be inspected upon arrival at the quarantine station a the district of final destination ; and if such nursery stock, trees, plants, cut- ings, grafts, buds, or scions are found to be free of insect pests and fungous iseases, the said quarantine officer or duly commissioned quarantine guardian 'hall issue a certificate to that effect; and, furthermore, if any of said trees, lants, cuttings, grafts, buds, or scions are found infested with insect pests, ungi, blight, or other diseases injurious to fruit or to fruit trees, or other trees r plants, they shall be disinfected and remain in quarantine until the quaran- ine officer of the State board of horticulture or the duly commissioned quaran- ine guardian can determine whether the said trees, plants, cuttings, grafts, uds, or scions are free from live injurious insect pests, or their eggs, larvae, r pupae, or fungous diseases, before they can be offered for sale, gift, distribu- ion, or transportation. All persons or companies are hereby prohibited from arrying any trees, plants, cuttings, grafts, buds, or scions from without the >tate to any point within the State beyond the nearest point on its line or ourse to the quarantine station in the district of ultimate destination, or from ny point within the State to any point therein, until such trees, plants, cuttings, ;rafts, buds, or scions have been duly inspected, and, if required, disinfected as lereinbefore provided ; and all such shipments must be accompanied by the •roper certificate of the inspecting officer: Provided, however, That after such 122 LAWS AGAINST INJURIOUS INSECTS. persons or company have given the proper officer four days’ notice, he or the shall not be required to hold such shipments further without directions fro] such officer. Rule 3. All peach, nectarine, apricot, plum, or almond trees, and all oth< trees budded or grafted upon peach stocks or roots, all peach or other pits, an all peach, nectarine, apricot, plum, or almond cuttings, buds, or scions, raised c grown in a district where the “peach yellows” or the “peach rosette” ai known to exist, are hereby prohibited from being imported into or planted c offered for sale, gift, or distribution within the State of Oregon. Rule 4. All trees, plants, cuttings, grafts, buds, scions, seeds, or pits arriviu from any foreign country found infested with insect pests or their eggs, larva or pupae, or with fungi, or other disease or diseases hitherto unknown’ in thi State, are hereby prohibited from landing. Rule 5. Fruit of any kind grown in any foreign country, or in any of th States or Territories, found infested with any insect or insects, or with an fungi, blight, or other disease or diseases injurious to fruit or fruit trees, or t other trees or plants, is hereby prohibited from being offered for sale, gift, o distribution within the State. Rule 6. Any boxes, packages, packing material, and the like infested wit insect or insects, or their eggs, larvae, or pupae, or by any fungi, blight, or othe disease or diseases known to be injurious to fruit or to fruit trees, or to othe trees or plants, and liable to spread contagion, are hereby prohibited from beinl offered for sale, gift, distribution, or transportation until said material has beej disinfected by dipping it in boiling water and allowing it to remain in sai. boiling water not less than two minutes; such boiling water used as such disin fectant to contain, in solution, one pound of concentrated potash to each an< every ten gallons of water. Rule 7. All trees, plants, grafts, cuttings, buds, or scions may be disinfecte. by dipping in a solution of three-fourths of a pound of whale-oil soap (eight; per cent) to each and every gallon of water; said whale-oil soap solution shal be kept at a temperature of 100 to 150 degrees. Said trees, plants, cuttings grafts, buds, or scions shall remain in said solution not less than two minuted After said trees, plants, cuttings, grafts, buds, or scions have been disinfected they shall remain in quarantine fourteen days, unless otherwise directed by thi inspecting officer, for subsequent inspection, and if deemed necessary by thl quarantine officer of the State board of horticulture, or a duly commissioned quarantine guardian, for further disinfection. Rule 8. All trees, plants, cuttings, grafts, buds, or scions may be disinfecteJ by fumigation with hydrocyanic acid gas, as follows: Said trees, plants, cut] tings, grafts, buds, or scions shall be covered with an air-tight tent or box, anJ for each and every 100 cubic feet of space therein one ounce of (C. P.) cyanidl of potassium (ninety-eight per cent), one fluid ounce of sulphuric acid, and two] fluid ounces of water shall be used. The cyanide of potassium shall be placed in an earthenware vessel, the water poured over the said cyanide of potassium! afterward adding the sulphuric acid, and the tent or box to be immediatelj closed tightly and allowed to remain closed for not less than forty minutes! After said trees, plants, cuttings, grafts, or scions have been treated with hydro! cyanic acid gas as above directed, they shall remain in quarantine for fourteerjl days, unless otherwise directed by the inspecting officer, for subsequent inspect tion, and if deemed necessary by a member of the State board of horticulture or the quarantine officer of said board, or a duly commissioned quarantine; j guardian, for subsequent disinfection. Rule 9. All trees, plants, cuttings, grafts, buds, or scions imported or brought! OREGON. 123 ito the State shall be inspected upon arrival at the quarantine station in the istrict of final destination, and if found infested with any injurious insects r diseases which can not be destroyed by the remedies required in rules 7 and )f of these regulations, are hereby prohibited from being planted or offered for u lie, gift, or distribution and shall be proceeded against as a nuisance. 0 Rule 10. If any person or persons having in their possession trees, plants, u jttings, grafts, buds, scions, seeds, or pits infested with an insect or insects, 0 r with any fungi, blight, or other disease or diseases injurious to fruit trees, r to any other trees or plants, shall refuse or neglect to disinfect the said trees, [lants, cuttings, grafts, buds, scions, seeds, or pits, as is required by rules 7 and of these regulations, after having been notified to do so by a member of the tate board of horticulture, the quarantine officer of said board, or a duly mimissioned quarantine guardian, the said trees, plants, cuttings, grafts, buds, I, fions, seeds, or pits shall be declared a public nuisance and shall be proceeded 1 gainst as provided by law. Rule 11. Animals known as flying fox, Australian or English wild rabbits, or ther animals or birds detrimental to fruit or fruit trees, plants, etc., are pro- fited from being brought or landed in this State, and, if landed, shall be [estroyed. Rule 12. Quarantine stations : For the first district, comprising the counties f Multnomah, Clackamas, Yamhill, Washington, Columbia, Clatsop, and Tilla- 100 k, shall be Portland. W. K. Newell, quarantine officer, or any member of ae board or the secretary thereof. For the second district, comprising the ounties of Marion, Polk, Benton, Linn, Lincoln, and Lane, shall be Salem. L. T. Reynolds, quarantine officer, or any member of the board or the secretary hereof. For the third district, comprising the counties of Josephine, Coos, 'urry, Douglas, Jackson, Lake, and Klamath, shall be Ashland. A. H. Carson, uarantine officer, or any member of the board or the secretary thereof. For he fourth district, comprising the counties of Morrow, Wasco, Gilliam, Crook, nd Sherman, shall be The Dalles. Emile Schanno, quarantine officer, or any lember of the board or the secretary thereof. For the fifth district, comprising he counties of Umatilla, Union, Baker, Wallowa, Malheur, Grant, and Harney, hall be Milton and Pendleton. Judd Geer, quarantine officer, or any member f the board or the secretary thereof. At all stations such other quarantine fficers as may be from time to time appointed by the board, notice whereof .'ill be given, and complete lists of whom may be obtained from the secretary r any member of the board. Rule 13. Importers or owners of nursery stock, trees or cuttings, grafts, buds, r scions, desiring to have such nursery stock, trees, plants, cuttings, grafts, aids, or scions inspected at points other than regular quarantine stations, may lave such inspection done where required : Provided, however, That such im- lorters shall pay all charges of inspection ; such charges and expenses to be paid tefore a certificate is granted. Transportation companies or persons and con- ignees or agents shall deliver and cause to be detained all nursery stock, trees, >lants, and fruit at one or the other of the quarantine stations, for inspection, ts provided by the rules and regulations of the board. Rule 14. The fee for the inspection of apple, pear, plum, peach, nectarine, >rune, cherry, apricot, nut-bearing trees, and all other trees, shrubs, or plants, shall be as follows: Thirty cents per hour, including the time from leaving I iome, inspection, and return home of the inspector, and actual traveling and >ther expenses. On all fruits the fee for inspection shall be $1.00 on any sum ip to $35.00, and $2.00 on any sum over that amount, and $5.00 for carload lots. Rule 15. All persons growing nursery stock, trees, and plants for sale, or to 124 LAWS AGAINST INJURIOUS INSECTS. be offered for sale, are hereby required to report to the commissioner of the di trict in which said nursery stock, trees, or plants are grown, for inspection du ing the months of September, October, or November of each and every yeai and the commissioner of such district, or his duly appointed deputy, shall ii spect such nursery stock, trees, or plants prior to shipment and delivery. Whe said nursery stock, trees, or plants are found by said inspecting officer to 1 worthy of a certificate, setting forth the freedom of such nursery stock, trees, c plants from live, injurious insect pests, their eggs, larvse, pupje, or fungoi disease, the said inspecting officer shall then issue to the owner or owners of sai nursery stock, trees, or plants a certificate of inspection. The condition und( which this certificate is granted is, that the party or parties receiving such ce tificate shall be compelled to disinfect by fumigation with hydrocyanic-acid ga as described in rule 8, all pear and apple trees, or other stock grown on appl roots, after lifting the same and before delivery to purchaser or carriers ; an< in case such fumigation is neglected, said certificate of inspection shall be voi and of no effect. Passed at a meeting of the State board of horticulture at Portland, Oregoi April 3, 1895, and amended at a regular meeting of the State board of horticu ture at Salem, Oregon, October 15, A. D. 1895. Law of 1905. An Act to provide for the appointment of county fruit inspectors and to amend sectiori 4178 and 4185 of the Codes and Statutes of Oregon as compiled and annotated b Charles B. Bellinger and William W. Cotton. Be it enacted by the people of the State of Oregon: Section 1. That upon a petition of not less than twenty-five residents and frui growers of any county in this State the county court of said county shall appoip a county inspector whose duty it shall be to inspect the apple and other frui orchards of said county and to enforce the laws now in force and that may b 1 hereafter in force in this State applicable to the fruit industry and to the growi ing, handling, and selling of fruit, fruit trees, and other nursery stock : Pra vided, That the inspector so to be appointed shall be recommended and certified to be competent for such position by the State district commissioner of the Statl board of horticulture for the said county, and said county inspector shall holw his office during the pleasure of said county court. Sec. 2. It shall be the duty of the State district commissioner to instruct and educate the county inspectors as to the laws and quarantine regulations of thil State and the rules and regulations of the State board of horticulture. The county inspector shall perform his duties under the general supervision! of the State district commissioner for said county, to whom he shall maka reports in the manner prescribed by the State board of horticulture. Sec. 3. Such county inspector shall be paid for his services by the said countvj a sum not exceeding $3 per day and pay his own personal expenses for each and every day actually employed in the performance of his duties as herein pro! vided, and the said county inspector shall report monthly to the said State dis trict commissioner the time for which he is entitled to pay during the montl next preceding and the said State district commissioner shall certify the samd to the county court before such compensation shall be paid to said county inspector. Sec. 4. If any county for any reason fails to appoint a county inspector at herein provided, then the inspector of any adjacent county may perform sucl OREGON. 125 •vices, and his compensation and the necessary expenses incurred in the per- :mance of his duty shall be charged against the county where the service is rformed, as if he had been appointed by the county court of said county. Sec. 5. The State district commissioner of horticulture shall hear and Dmptly decide all appeals from the county inspectors in his district, and his cision shall have full force and effect until set aside by the courts of the State. All appeals from county inspectors to the district commissioners shall be Ider the form and regulations as prescribed by the State board of horticulture. I Sec. 6. That section 4178 of the Codes and Statutes of Oregon, as compiled id annotated by C. B. Bellinger and William W. Cotton, be, and the same is Ireby, amended to read as follows : |Sec. 4178. Said board shall employ without their number a secretary, who ijall exercise the powers and discharge the duties conferred upon him by this It, and whose compensation shall not exceed $100 per month, to be paid in the (me manner as other State officers. Said board shall also elect from their own limber a treasurer. Before entering upon the discharge of his duties each lumber of the board shall make and subscribe an oath to support the Constitu- hn of the United States and of the State of Oregon, and to diligently, faith- illy, and impartially discharge the duties of his office, which said oaths shall ; filed with the secretary. The secretary shall make and subscribe a like th, which shall be filed with the treasurer of the board. ! Sec. 7. That section 4185 of the Codes and Statutes of Oregon, as compiled id annotated by C. B. Bellinger and William W. Cotton, be and the same is |;reby amended to read as follows : s Sec. 4185. It shall be the duty of the several members of the board and of e secretary or the county inspectors under their direction, whenever they Jiall deem it necessary, to cause an inspection to be made of any orchards, irseries, trees, plants, vegetables, vines, or any fruit-packing house, storeroom, lesroom, or any other place within their districts, and, if found infested with ly pests, disease, or fungous growth injurious to fruits, plants, vegetables, iees, or vines, or with their eggs or larvae, liable to spread to other places or calities, or of such nature as to be a public danger, they shall notify the ivner or owners, or persons in charge of or in possession of such articles', iiings, or places, that the same are so infested, and shall require said persons > eradicate or destroy said* insects or pests or their eggs or larvae or to treat ich contagious diseases within a certain time to be specified in said notice, lid notices may be served upon the person or persons, or any of them, owning, living charge, or having possession of such infested place, article, or thing, by ly member of the board or by the secretary thereof or by any person deputed 7 the said board for that purpose, or they may be served in the same manner 3 a summons in an action at law. Such notice shall contain directions for the ^plication of some treatment approved by the commissioners for the eradication • destruction of said pests or the eggs or larvse thereof, or the treatment of ontagious diseases or fungous growths. Any and all such places, orchards, arseries, trees, plants, shrubs, vegetables, vines, fruit, or articles thus infested re hereby declared to be a public nuisance ; and whenever any such nuisance aall exist at any place in the State on the property of any owner or owners pon whom or upon the person in charge or possession of whose property notice as been served as aforesaid, and who shall have failed or refused to abate the line within the time specified in such notice, or in the property of any non- *sident or any property not in the possession of any person and the owner or wners of which can not be found by the resident member of the board or the ecretary or county inspector after diligent search within the district, it 126 LAWS AGAINST INJURIOUS INSECTS. shall be the duty of the board or the member thereof in whose district sa; nuisance shall exist, or the secretary or county inspector under his or the directions, to cause such nuisance to be at once abated by eradicating or destro; ing said insects or pests, or their eggs or larvae, or by treating or disinfectit or destroying the infested or diseased articles. The expense thereof shall he county charge, and the county court shall allow and pay the same out of tl general fund of the county. Any and all sums so paid shall be and become lien on the property and premises from which said nuisance shall have be( removed or abated in pursuance of this act, and may he recovered by a su in equity against such property or premises, which suit to foreclose such lier shall be brought in the circuit court of the county where the premises ai situate by the district attorney in the name and for the benefit of the count making such payment or payments. The proceedings in such cases shall be governed by the same rules, as far £ may be applicable, as suits to foreclose mechanics’ liens, and the property sha be sold under the order of the court and the proceeds applied in like manne: The board is hereby invested with the power to cause such nuisance to be abate in a summary manner. PENNSYLYANIA. An Act to provide for the protection of trees, shrubs, vines, and plants against destru tive insects and diseases ; providing for the enforcement of this act, the expenses coi nected therewith, and fixing penalties for its violation. Section 1 . Be it enacted, etc., That no person shall knowingly or wilfull keep any tree, shrub, vine, or plant in any nursery, orchard, or public or privaj grounds in this Commonwealth, nor knowingly or willingly send out from sue nursery any tree, shrub, vine, or plant affected with San Jose scale, or othe insects or diseases, such as crown-gall, black-knot, or peach-yellows, destructiJ of such tree, vine, shrub, or plant. Sec. 2. It shall be the duty of the secretary of agriculture, through the ecd nomic zoologist, or such other agent or agents as he may select, to cause a examination to be made, at least once each year, of each and every nursery i this State where trees, shrubs, vines, or plants are grown ; and he may also, b himself or agent, make inspection of any orchard, or other grounds or place, i: this State, for the purpose of ascertaining whether the trees, shrubs, vines, dl plants therein kept are infested with San Jose scale or other insect pests, or did eases destructive of such trees, shrubs, vines, or plants. If, after such examinJ tion of any nursery, it be found that the said trees, shrubs, vines, or othef plants, so examined, are apparently free in all respects from any such dangeJ ously injurious insects or diseases, the secretary of agriculture, or his dull authorized agent, or other person designated ‘to make such examination, shall thereupon issue to the owner or proprietor of the said stock thus examined | certificate setting forth the fact of the examination and that the stock or treei so examined are apparently free from any and all such destructive insects and diseases. Sec. 3. Should any nurseryman, agent, dealer, or broker send out or delive w ithin the State trees, vines, shrubs, plants, buds, or cuttings, commonly knojwj as nursery stock, and which are subject to the attacks of the insects and diJ eases disignated in this act, unless lie has in his possession a copy of said certify cate, dated within the year thereof, or wrongfully be in possession of said cei^ tificate, he shall be guilty of a misdemeanor, and upon conviction shall be pun ished in accordance with the provisions of section eight of this act. PENNSYLVANIA. 127 Sec. 4. All nursery stock, as designated in this act, sent out by any nursery- tan, agent, dealer, or broker within this State, shall be accompanied by a copy l said certificate attached to each box, bale, or package. A certificate issued Y an official of the United States, setting forth the fact that the nursery stock as been fumigated and is free from any and all such destructive insects and iseases, shall be accepted in lieu of the State inspection. Transportation com- anies are required to reject all nursery stock not accompanied with a certifi- ite of inspection, and also to reject all such stock entering this State without certificate of fumigation. Sec. 5. Whenever any trees, shrubs, vines, or plants are shipped into the tate from some other State, country, or province, every package thereof shall e plainly labeled on the outside with the name of the consignor, the name of ie consignee, and a certificate showing that the contents have been inspected y a State or Government officer, and that the trees, vines, shrubs, or plants, scepting conifers and herbaceous plants, therein contained, are properly fumi- ated and appear free from all dangerously destructive insects and diseases. Vlien nursery stock is shipped into this State, accompanied by a certificate s herein provided, it shall be held to be prima facie evidence of the facts herein stated ; but the secretary of agriculture, by himself or his assistants, 'hen they have reason to believe that any such stock is infested with dangerous lsects or diseases, shall be authorized to inspect the same and subject it to ike treatment as provided in sections six and seven of this act. Sec. 6. If, after examination or upon information given in writing to the pcretary of agriculture, it is found that any nursery stock, trees, or shrubs, ither in a nursery or elsewhere, or sent forth to deliver in this State, are pund to be infested with San Jose scale or other destructive insects or dis- fases, it shall be the duty of the secretary of agriculture, by himself or his duly uthorized representative or agent, to take means to control, prevent the spread If, or secure the extermination of such insects or diseases, and shall have pow T er p enter upon the premises and order the examination and treatment or de- traction of such dangerously injurious insects or diseases, or the nursery tock or trees and shrubs infested therewith, giving written notice to the owner r person in charge of the premises or nursery stock so infested. Such notice ball contain a brief statement of the facts found to exist, and descriptions of lethods whereby it is deemed necessary to treat or destroy said trees, shrubs, lines, or plants, and shall call attention to the law under which it is proposed p treat or destroy them. In case of objection to the findings of the inspector r agent of the secretary of agriculture, an appeal shall be made to the said Secretary of agriculture, whose decision shall be final. An appeal must be iken within six days from the service of said notice, and shall act as a stay of roceedings until it is heard and decided. Sec. 7. When the secretary of agriculture, or the persons or person appointed y him, shall finally determine, in accordance with the provisions of this act, aat any trees, shrubs, vines, or other plants must be treated or destroyed, he ball notify in writing the owner or the person in charge of said infested stock, |"ees, vines, or shrubs, and shall direct him, within a time and in a manner rescribed in such notice, to treat or destroy such infested property. If the erson so notified shall refuse or neglect to treat, destroy, or disinfect said trees, ines, or shrubs in the manner and within the time prescribed in the said notice, be secretary of agriculture shall cause such property to be so treated, and may mploy all necessary assistants for that purpose ; and such person or persons, gent or agents, employe or employes may enter on all premises in any township, orough, or city necessary for the purpose of such treatment, removal, or 128 LAWS AGAINST INJURIOUS INSECTS. destruction, and he shall certify to the owner or person in charge of the prem ises the amount of the cost of said treatment, removal, or destruction, and 1 not paid to him within sixty days thereafter, the same may be recovered together with the costs of action. Sec. 8. Any person violating the provisions of this act, or offering any hir drance to the carrying out of this act, shall be adjudged guilty of a misdemeanoi and, upon conviction before a magistrate or justice of the peace, shall be fine not less than ten dollars and not more than one hundred dollars for each an every offense, together with all the costa of the prosecution, and shall stan committed until the same is paid. All necessary expenses under the provision of this act shall, after approval in writing by the secretary of agriculture an auditor-general, be paid by the State treasurer upon warrant of the auditoi general in the manner now provided by law: Provided, That not more tha thirty thousand dollars shall be so expended for this purpose in any one year. Sec. 9. All penalties and costs recovered for the violation of any of the prc visions of this act shall be paid to the secretary of agriculture, or his agent, an by him immediately covered into the State treasury, to be kept as a fund fo the use of the department of agriculture in the enforcement of this act, an may be drawn out upon vouchers signed by the secretary of agriculture an approved by the auditor-general, and shall not merge with the general fund a the close of any fiscal year. Sec. 10. The provisions of this act shall not apply to florists’ greenhous plants and flowers, known as greenhouse stock, of varieties not attacked b; San Jose scale or other injurious insects or diseases, nor shall they apply t ornamental trees and shrubs of varieties not liable to infestation with San Jos scale and liable to injury by fumigation. Sec. 11. All acts or parts of acts inconsistent with the provisions of this ac be, and the same are hereby, repealed. Approved the 31st day of March, A. D. 1905. PORTO RICO. A Bill to provide for the protection against the importation of plant diseases or insect! harmful to plants. Be it enacted by the legislative assembly of Porto Rico: Section 1. No coffee tree or plant, or any portion thereof, or the seeds of sam (except roasted coffee for domestic consumption), and no rooted citrus plant or cuttings, and no cotton seed, seed cotton, cotton lint, loose or in bales, shall bl brought into the island of Porto Rico from any State or Territory or othej country whatsoever without having attached thereto, in a prominent and cod spicuous place, a certificate under oath signed by a duly authorized State o Government entomologist, stating that such trees, plants, roots, seed hulls or see] or any and all portions thereof are free from disease : Provided, That in th case of cotton seed, seed cotton, cotton-seed hulls, or cotton lint, such certificat] shall state in addition that the shipment originated in a locality where, b; actual inspection by said attesting official or his agent, the Mexican boll weevil was not found to exist. Sec. 2. None of the provisions of this act shall be construed as preventing thl importation by the United States agricultural experiment station, without suclj certificate, of any trees, plants, shrubs, cuttings, seeds, roots, or bulbs require*] by for experimental and official use, providing that such station notify thl governor in writing of all shipments so made. PORTO RICO. 129 Sec. 3. The cities of San Juan, Ponce, aud Mayaguez are hereby designated as rts of entry for any and all of said articles, and it shall be unlawful to enter 3 same at any other port or place. Sec. 4. The governor is authorized to appoint suitable persons as inspectors, d shall from time to time issue such further and additional rules and regula- rs as may in his opinion be necessary for the guidance of said inspectors and e carrying out of the purpose of this act. Such inspectors shall have full wer and authority to enter during reasonable hours any depot, warehouse, Bight wharf, transfer, steamship, or express office, or other building or prem- >s, and shall be allowed full access to all way bills, manifests, invoices, or bills lading therein, whenever, in the opinion of said inspector, the same is neces- ry to determine the presence or record of any shipment of the nature desig- ted in this act. Sec. 5. No steamship, railway, express company, or other common carrier, or y person, firm, or corporation shall bring into the island of Porto Rico any of e articles above mentioned without the specified certificate attached, and each such shipments shall be fully set forth in the manifest, way bills, invoices, or Is of lading of the importing company, specifying where and from whom such ipment was received and to whom consigned. Upon the arrival at any of the rts of entry herein designated, such common carrier shall notify the inspector the arrival of such goods, and the same shall be held by said common carrier til the inspector has investigated such shipment and give written permission Ir its removal. In case any common carrier violates the provision of this sec- !>n, then the general manager of such common carrier or the captain of such 'ending vessel shall be deemed guilty, and, upon convicton, punished in the ^inner hereinafter provided. Sec. 6. Every transportation company, common carrier, person, firm, or rporation shall immediately notify the inspector at the nearest port of entry, iien by oversight, negligence, or otherwise any shipments of the nature desig- ned in section 1 of this act, without a proper certificate attached, shall arrive any station or wharf owned or operated by said company within the island of >rto Rico, and it shall be the duty of such inspector to proceed as speedily as ssible to investigate such shipment. If, upon investigation, he find the ship- ant to be of the nature herein designated, and to have been made without hav- g first procured the proper certificate, he shall order the same removed from e island of Porto Rico, and upon failure of the owner or shipper to remove me within forty-eight hours after notice to do so said shipment shall be seized id burned. Sec. 7. Any person or persons, firm, corporation, company, or common car- ir violating any of the provisions of this act shall be deemed guilty of a misde- aanor, and upon conviction thereof shall be punished as provided for in sec- >n 16 of the Penal Code of Porto Rico of 1902 ; and any person who shall refuse comply with the instructions of an inspector, or shall hinder or obstruct, or "er to hinder or obstruct, any inspector in the discharge of his duties, shall be emed guilty of a misdemeanor, and upon conviction shall be punished as pro- ded for in said section 16, above referred to. Sec. 8. For the purpose of carrying out the provisions of this act, there is reby appropriated out of any moneys in the treasury not otherwise appro- iated, for the fiscal year ending June 30th, 1906, the sum of five hundred dol- l's ($500.00) or so much thereof as may be necessary. Sec. 9. This law shall take effect on and after May first, 1905. 7418— No. 61 m 9 180 LAWS AGAINST INJURIOUS INSECTS. RHODE ISLAND. Chapter 1159. An Act to authorize the State board of agriculture to appoint a State nursery inspecto and to provide for the protection of trees and shrubs from injurious insects at diseases. It is enacted by the general assembly as follows: Section 1. The State board of agriculture may annually appoint some persoi qualified by scientific training and practical experience, to be State nursery ii spector, who shall be responsible to the board for the performance of his dutie as prescribed in this act. Sec. 2. It shall be the duty of the State nursery inspector to inspect, unde the direction of said board, all nurseries or places in the State where nurser stock is grown, sold, or offered for sale, and if no dangerous insect or fungi pests are fund therein a certificate to that effect shall be given. If such pesl are found therein the owner of the stock shall take such measures to suppres the same as the State nursery inspector shall prescribe, and no certificate sha be given until the said inspector has satisfied himself by subsequent inspectio that all such pests have been suppressed. Sec. 3. Owners of nurseries or of places in the State where nursery stock i grown, sold, or offered for sale, who do not hold an unexpired certificate of ii spection after the first annual inspection made after the passage of this ac who shall sell or otherwise dispose of nursery stock in the State shall be sul ject to a penalty of not less than ten nor more than fifty dollars for each offend Sec. 4. Owners of nurseries or of places in the State where nursery stoc is grown, sold, or offered for sale, who shall fumigate with hydrocyanic aci gas all stock which they sell, using at least two-tenths of a gram of potass) cyanide to every cubic foot of space contained in the box, house, or other plac wherein this fumigation is performed, which place shall be gas tight, and wa shall expose the said stock to the fumes of this gas of the strength aforesail for at least forty minutes, or who shall treat the stock which they sell by som other method approved by the State nursery inspector, and who shall makl affidavit before an officer authorized to administer oaths that all stock sold b them has thus been fumigated or treated, and who shall attach a copy cl such affidavit to each package, box, or car of stock sold, shall be exempt froij the provisions of sections two and three of this act. Sec. 5. All nursery stock shipped into this State from any other State, com try, or province shall bear on each box or package a certificate that the content! of said box or package have been inspected by a duly authorized inspectin'] officer and that said contents appear to be free from all dangerous insects oj diseases. In case nursery stock is brought within the State without such a ceia tificate the consignee shall return it to the consignor at the expense of thS latter : Provided, however, That any package or box bearing a certificate clj fumigation which meets the requirements specified in section four of this at may be accepted as though bearing a proper certificate of inspection. Sec. 6. The State nursery inspector shall at all times have the right to enteij any public or private grounds in the performance of any duty required by thi I act. He shall receive from the annual appropriation of the State board oil agriculture such compensation as said board may determine. Sec. 7. This act shall take effect upon its passage. Passed April 13, 1904. SOUTH CAROLINA. 131 SOUTH CAROLINA. u Act to amend an act to create a State board of entomology, to define its power and prescribe its duties and provide for the inspection of fruit trees, vineyards, and vege- table farms, to prevent contagious diseases, and destroy destructive insects in orchards, ’vineyards, and other places in the State. Section 1. Be it enacted by the general assembly of the State of South Caro- ,ia, That on or before April 1st, 1901, and every two years thereafter, the board i trustees of Clemson College shall designate three members of the said board ho shall constitute and be known as the State board of entomology and who jail be charged especially with the execution of the provisions of this act. [Sec. 2. That the said board is hereby authorized and empowered to make sucli jles and establish such regulations consistent with the laws of this State and l the United States for the government of the inspection, certification, sale, jansportation, and introduction of trees, plants, shrubs, cuttings, buds, vines, [ilbs or roots that the said board may deem necessary or advisable to prevent ;e introduction or dissemination of destructive insects and plant diseases, j Sec. 3. That the said board shall have power to appoint an entomologist, who tall be a skilled horticulturist, and an assistant entomologist if, in their judg- ent, it shall be impracticable for the entomologist so to be appointed to dis- targe the duties hereby devolved upon him ; and such entomologist shall act as i inspector under the provisions of this act ; and it shall be the duty of said •ard to promulgate rules and regulations in accordance with this act for ie guidance of said entomologist and his assistant, if one shall be appointed, the duties devolving upon him under the provisions hereof. I Sec. 4. That the said board shall fix the salary of said entomologist and of s assistant, if one shall be appointed. The said salary shall be paid out of the Inds now provided by law for the uses of Clemson College. And in addition i said salaries such expenses as the said board may allow for traveling and her incidental expenses of the entomologist and his assistant and the issuing \ reports or other publications shall be paid out of the funds provided for the |;es of Clemson College. , Sec. 5. That the said entomologist, or his assistant, is hereby authorized and npowered to enter upon any premises in this State for the discharge of the ities hereby prescribed, or that may be prescribed by said board, and any per- il or persons who shall pester or hinder him in the discharge of such duties tail be deemed guilty of a misdemeanor, and upon conviction shall be pun- lied by a fine not exceeding one hundred dollars or by imprisonment in the •unty jail not exceeding thirty days. Sec. 6. The entomologist shall have power under the regulations of the said >ard to visit any section of the State where insects injurious to or destructive plants are believed to exist and shall determine whether any infested trees • plants or vineyards are worthy of remedial treatment or should be destroyed, id he shall report his findings in writing to the owner of the premises where ich trees or plants or vineyards are situated, or to his agent or tenant, and a i>py of his report shall also be submitted to the said board. In case of objec- on to the finding or report of the inspector, an appeal may be had to the iid board, who shall have the power to summon witnesses and hear testimony i oath, and whose decision shall be final. Upon the finding of the inspector in ly case of infested trees or plants or vineyards, the treatment prescribed by im shall be executed by the owner of the premises unless an appeal is taken, id the cost of material incident to such treatment shall be borne by the own- 's of the premises': Provided, however, That in case the trees or plants or 132 LAWS AGAINST INJURIOUS INSECTS. vineyards shall be condemned by the inspector, they shall be destroyed, by hi direction, by the owner of the premises, and the expense of said action shal be borne by the owner of the premises : Provided, That failure or refusal oi the part of the owner of the premises to execute the treatment prescribed b, the entomologist, or to destroy trees, plants, or vineyards, as directed by bin] shall be deemed a misdemeanor, and, upon conviction thereof, such owner sha] be punished by a fine not exceeding one hundred dollars, or imprisonment in th county jail not exceeding thirty days : And provided further, That the provj sion in reference to destroying plants shall not refer to cotton, corn, grain, o such other field plants as are not subject to sale and transportation. No com pensation shall be paid to the owner of the premises for any plant that shal thus be destroyed. Sec. 7. It shall be unlawful to sell or offer for sale or transport within thi State plants, buds, trees, shrubs, vines, tubers, roots, or cuttings that have no been inspected or bear the inspection tag of the said entomologist, and an; person or persons violating the provisions of this section shall he deemed guilt; of a misdemeanor, and upon conviction shall be fined in a sum not exceedin one hundred dollars, or imprisonment in the county jail not exceeding thirt; days. Sec. 8. It shall be unlawful for any grower of fruit trees, nurserymen, o corporation to ship within this State any trees, shrubs, cuttings, vines, bulbs, o\ roots without having the same previously examined by said entomologist, or by hi assistant, within six months next preceding date of such shipment — a certificat of such inspection in such form as may be adopted by said board to accompanj each box or package. Any person or corporation violating the provisions o this section shall be deemed guilty of a misdemeanor, and upon convictioil thereof shall be punished by a fine not exceeding one hundred dollars, or hi imprisoned in the county jail not exceeding thirty days. Sec. 9. That all fruit growers, nurserymen, or corporations residing in thi State dealing in or handling fruit trees, shrubs, cuttings, vines, bulbs, or root! shall be compelled to have his or their or its stock inspected annually on o i before the 1st day of November of each year. If upon such inspection suca stock is found to conform to the requirements of said board, the inspectol shall furnish a certificate to that effect ; or if such stock does not conform to th requirements of said board then the said inspector may cause the same to b destroyed at the expense of the owner thereof. Sec. 10. That all persons or corporations residing without the limits of thi State dealing in trees, plants, cuttings, shrubs, vines, or roots shall register hiJ their, or its name and file a copy of his, their, or its certificate of inspection furnished by the entomologist or inspector or duly authorized official of th State in which he, they, or it resides with the chairman of the said boardi which shall state that in addition to inspection the nursery stock has beeH fumigated under the direction of the official issuing the certificate. Upoii failure to comply with this requirement, any of said articles that may b ' shipped into this State may be confiscated or destroyed by the authority of thi said board. Sec. 11. Upon filing the proper certificate, as above prescribed, and upoi 5 request of any person or persons residing without the limits of this State, deail ing in or handling trees, shrubs, cuttings, vines, bulbs, or roots in this State! the certificate of the said board of entomology will be issued to the same witbf out charge, and official tags bearing the fac simile copy of such certificate am • the seal of the board of entomology will be furnished such applicants at cost I Sec. 12. No transportation company or common carrier shall deliver an. SOUTH CAROLINA. 133 |dx, bundle, or package of trees, shrubs, cuttings, vines, biubs, or roots shipped |y parties residing without the limits of this State to any consignee at any Ration in this State unless each box, bundle, or package is plainly labeled with I certificate of inspection furnished by the official entomologist of the State in •hich said stock was grown and also with the official tag of this board herein Irovided for. Any person or persons violating the provisions of this section hall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined 1 a sum not exceeding one hundred dollars. For the enforcement of this lection the sheriff of each county in the State is hereby authorized and mpowered, and it shall further be his duty, to seize such goods that do not ear the official tag of this board and hold the same until inspected and pro- ounced by the entomologist, whom he shall notify at once, to be free from the iseases and insects declared to be injurious by the said board. I Sec. 13. When two or more reputable citizens of any county in this State jotify the chairman of the State board of entomology that noxious insects or lant diseases exist in their county it shall be his duty to have the entomologist romptly investigate the matter and take such steps as authorized and pre- scribed in this act and by the State board of entomology. Sec. 14. This act shall take effect from and after its passage. Approved the 23d day of February, A. D. 1903. Rules and Regulations Adopted by the State Board of Entomology. 1. The entomologist at Clemson College, who shall be known as State ento- mologist, shall direct the work required under this act. He shall inspect every iursery in the State before the first day of November of each year. All nursery- men and dealers of nursery stock residing within and without the State who do -’usiness within the limits of the State of South Carolina, must not seil, trans- iort, or give away any nursery stock, unless the same is accompanied by a certi- ficate from the State board of entomology declaring the same to be apparently ;ree from insects and plant diseases herein listed as dangerously injurious. All uch certificates are invalid after the first day of June of each year and must be 'enewed 'before the first day of November of that year. When nursery premises ire found to be infested, the certificate of freedom from injurious insects and »lant diseases will be withheld until the instructions of the entomologist for the reatment of same have been obeyed. Infested orchards shall be treated when- ever discovered. The owners of infested nurseries or orchards shall pay all cost or such treatment, except the traveling and hotel expenses of the entomologist. The entomologist shall exercise all due diligence to see that the law is complied vith, and he shall publish, from time to time, circulars and reports relating to he inspection work, and bulletins containing an account of the habits of and reatment for the injurious insects and plant diseases. In the office of the entomologist, there shall be kept, on file, a list of nursery- nen and dealers of nursery stock, living within and without the State, and doing msiness within the State, and a list of localities within the State where the San lose scale and other dangerously injurious insects and plant diseases have been bund. All correspondence relating to the inspection, certification, and treatment of :rees, plants, and all kinds of nursery stock should be addressed to the State entomologist, who shall also act as secretary to the State board of entomology. 2. The following insects and plant diseases are declared by the State board of entomology to be dangerously injurious and the introduction of the same is 134 LAWS AGAINST INJURIOUS INSECTS. hereby forbidden, and to be prevented, as far as possible, in accordance with th- law : San Jose scale ( Aspidiotus perniciosus) , woolly aphis ( Schizoneura lanigera) black knot of plum and cherry ( Ploicrightia morbosa), fire blight of pear an< apple ( Micrococcus amylovorus), peach yellows, the plum and peach rosette, an< crown gall. The certificate of inspection is invalid unless accompanied by a certificai of fumigation. No. 265. An Act to guard against the introduction of Mexican boll weevil into this State. Whereas a pest commonly designated as the Mexican boll weevil is a greai actual evil in the State of Texas and is a menace to the whole cotton belt, an] is ascertained to be capable of dissemination in cotton seed; therefore: Section 1. Be it enacted by the general assembly of the State of South Can olina, That on and after the approval of this act by the governor, it shall b unlawful to import into this State any living specimen of the Mexican bolj weevil or to import into this State any cotton seed, oats, or prairie hay frol points affected by said weevil in the State of Texas, or from any other poinj or points any such seed or hay that has been shipped originally from any poin or points affected by said weevil in the State of Texas. §ec. 2. That every person and every agent of any firm or corporation violati ing the provision of section 1 of this act shall, on conviction, be deemed guilt 1 of a misdemeanor and shall be subjected to a fine not to exceed one hundred dollars or imprisonment not exceeding thirty days; and all such weevils shall be seized and destroyed ; and all such imported cotton seed, oats, or prairie haj shall be deemed contraband, and seized and destroyed upon the conviction o the person or agent violating section 1 of this act. Approved the 25th day of February, A. D. 1904. SOUTH DAKOTA. Chapter 131. An Act to prevent the introduction and spread of injurious insects and dangerous plan diseases in the State of South Dakota. Be it enacted by the legislature of the State of South Dakota: § 1. The entomologist of the State experiment station is hereby constitutec i the State entomologist and charged with the execution of this act. He shall! between the first day of June and the fifteenth day of September of each yeail when requested by the owner or agent, or when he has reasonable grounds t< believe that any injurious insect pests or dangerous and contagious plant dis eases exist, examine any nursery, fruit farm, or other place where trees o: plants are grown for sale, and if found apparently free from any injuriou; insect pests or dangerous plant diseases he shall issue his certificate stating j the facts (good for one year unless revoked), and shall collect therefor a fe< i sufficient to cover his expenses. § 2. The State entomologist shall have authority, when requested by thi i SOUTH DAKOTA. 135 Ivner, agent, or purchaser, or when he has reasonable grounds to believe that | ly such injurious and dangerous pests exist, to enter upon any of the grounds Mentioned in section one hereof, public or private, for the purpose of inspection, id if he finds any nursery or orchard, garden, or other place inspected [in- l:cted] by any such injurious and dangerous pests, he may enter upon such remises and establish quarantine regulations. If in his judgment any such jurious and dangerous pests may be eradicated by treatment, he may, in Writing, order such treatment and prescribe its kind and character. In case ay trees, shrubs, or plants are found so infested that it would be impracticable \\> treat them he may order them burned. A failure for ten days after the ilivery of such orders to the owner or person in charge to treat or destroy , ich infected plants or trees, as ordered, shall make it the duty of the ento- ologist to perform this work, and to ascertain the cost thereof, and he shall crtify the amount of such costs to the owner or person in charge of the prem- es, and if the same is not paid him within sixty days thereafter he shall cer- fy the amount thereof to the State’s attorney of the county in which the said ifested trees or plants are found, whose duty it shall be to proceed forthwith to iillect the same of him in a civil suit, and to turn the amount so recovered over » the State auditor to reimburse the State for the money so expended. § 3. When nursery stock is shipped into the State, accompanied by a certificate ! inspection by a State entomologist from the State from which said nursery |:ock was shipped, stating that the stock has been inspected and found to be •ee from any injurious insect pests and dangerous and contagious plant fiseases, it shall be held prima facie evidence of the facts therein stated ; but le State entomologist, when he have reason to believe that any such stock is evertheless infested by any such injurious and dangerous pests, shall be uthorized to inspect the same and submit it to like treatment as that provided )r in section two hereof ; and if, by reason of the failure for forty-eight hours f the owner of such stock to comply with the treatment prescribed or to destroy ae stock if so ordered, the State entomologist is required to perform the work imself, and it shall be the duty of the entomologist to certify the amount of lie cost thereof to the owner or person in charge of such stock so treated or estroyed, and if the same is not paid to him within ten days thereafter he ball certify the amount thereof to the State’s attorney of the county in which le stock may be found in an affidavit, and it shall be the duty of such county ttorney to file such affidavit with the register of deeds of the county in which aid stock may be, and the same shall thereupon constitute a lien thereon, hich it shall be the duty of such State’s attorney to proceed to collect forthwith a a civil suit and to turn over the amount so recovered by him in such suit to be State auditor to reimburse the State for the money so expended. § 4. It shall be unlawful for any person, firm, or corporation to bring into bis State any trees, plants, vines, cuttings, or buds, commonly known as ursery stock, unless accompanied by a certificate of inspection by a State ntomologist of the State from which the shipment is made, showing that the tock has been inspected and found apparently free from any injurious insect >ests or dangerous and contagious plant diseases. § 5. Any persons violating or failing to carry out the provisions of this act •r offering any hindrance to the same shall be adjudged guilty of a misde- aeanor, and upon conviction before any court having proper jurisdiction, hall be fined not less than ten dollars nor more than one hundred dollars for ach and every offense, together with all the costs of the prosecution, and shall tand committed until the same is paid. Approved March 6, 1905. 136 LAWS AGAINST INJURIOUS INSECTS. TENNESSEE. Chapter 442. An Act to create a State entomologist and plant pathologist ; to provide quarantine rule and other rules and regulations regarding the sale, transportation, and delivery c trees, shrubs, vines, plants, or plant products so as to prevent the dissemination c injurious insect pests, also to amend said acts so as to make it unlawful for any persor firm, or corporation to knowingly grow, sell, offer for sale, or give away, transport keep, or permit to be kept, any plants, trees, shrubs, vines or any part of a plan infected with injurious insects, insect pests, and contagious plant diseases, and t otherwise provide for the duties and powers of said State entomologist and plan pathologist and to regulate the sale and transportation and inspection of trees, plantf roots, bulbs, plants, and plant products. Section 1. Be it enacted by the general assembly of the State of Tennessee That it shall be unlawful for any person, firm, or corporation knowingly t grow, sell, offer for sale, give away, transport, keep, or permit to be kept upo! his or their premises any plants, trees, shrubs, vines, or any part of a plan infested with injurious insect pests and contagious plant diseases. Sec. 2. Be it further enacted, That within thirty days after the passage o this act the commissioner of agriculture shall appoint a competent entomologis and plant pathologist, subject to the approval of the governor, and necessarj assistants, who shall, under the authority of said commissioner, be charge* with the duty of inspecting trees, vines, shrubs, plants, or any part thereof a prescribed in this act. Sec. 3. Be it further enacted, That the commissioner of agriculture and sail State entomologist and plant pathologist, who shall constitute and be designate* as the “ State hoard of entomology,” shall have plenary power to enact sucl rules and regulations for the enforcement of the provisions of this act as ma be necessary to prevent, control, and eradicate the further introduction, increase and dissemination of insect pests and fungus diseases, which otherwise would threaten the fruit and other agricultural interests of this State. Sec. 4. Be it further enacted, That it shall be the duty of the State entomol ogist and plant pathologist, or his assistants, to inspect annually, or oftenei! if necessary, all greenhouses and nursery stock grown within the bounds of th State prior to September 1st of each year, and he or they shall issue a certificatj of freedom from insect pests and plant diseases to the owner or lessee of an; greenhouse or nursery, or other persons who give away, sell, or transport nun sery stock, found entitled to the same. All certificates of inspection shall b given not later than November 1st of each year, and shall become void aftej August 1st of the year following. A duplicate copy of each certificate shall b I filed by the State entomologist and plant pathologist with the commissioner o i agriculture not later than thirty (30) days from the time of issue. Sec. 5. Be it further enacted, That it shall be lawful for the State entomoW ogist and plant pathologist, acting under the authority of the State board o entomology, or his assistants or authorized agents, to visit any section of th State and examine any or all fruit-bearing, ornamental, or shade trees, or an. field truck crop or garden crops, or any plants or parts thereof, of any descriij tion whatsoever, and determine whether infectious diseases exist or not. I discovery is made of injurious insect pests or fungus diseases, a report in writ | ing of such finding shall be made to the owner of the invested plantation, hi agents or tenants, and a copy of such report shall be filed with the State boar*, : of entomology. If any objections are made against the findings of the Stat 8 entomologist and plant pathologist or any of his authorized assistants, suc.!i| TENNESSEE. 137 bjections must be made in writing within ten (30) days of the finding to the aid board, who shall have power to summon witnesses and hear testimony on I ath, and whose decision shall be final. Any person or persons who shall inter- ere \yith the duties of said entomologist and said board, as prescribed in this ection, shall be considered guilty of a misdemeanor, and he or they shall be ined not less than twenty-five ($25) dollars nor more than fifty ($50) dollars or each offense. | Sec. 6. Be it further enacted, That upon discovery by the State entomologist nd plant pathologist of dangerous insect pests and fungus diseases, whether in i|:reenhouses and nurseries or in private or public domain, the treatment pre- cribed by the State entomologist and plant pathologist shall be executed at .nee (provided there is no appeal), and under his supervision. If the case in luestion is worthy of remedial treatment, the cost of the material and the labor hall be borne by the owner. In case infested stock is not worthy of remedial reatment, such infectious plants shall be placed under the jurisdiction of the loard of control. ! Sec. 7. Be it f urther enacted, That it shall be unlawful for any grower, nur- seryman, florist, dealer, or corporation to ship, sell, or deliver within the State my trees or plants of whatever description without having been previously nspected by the State entomologist and plant pathologist, or his authorized assistants, and a certificate of inspection, which is a facsimile signature of the >riginal certificate, placed upon each bundle, package, bale, box, or carload of ihipment. \ Any violation of said certificate by changing, defacing, or placing it on unin- spected or infested stock, or using the same after date of expiration or revoca- tion, shall render the owner or shipper liable to a fine of not less than one mndred ($100) dollars nor more than one hundred and fifty ($150) dollars for ;acli offense : Provided, That the provisions of this act shall not apply to farmers i>r small growers who may sell plants, flowers, or shrubs in their own counties. ; Sec. 8. Be it further enacted, That each and every individual, firm, or cor- >oration residing in other States, Territories, provinces, etc., dealing in or handling trees, plants, vines, shrubs, bulbs, roots, cuttings, etc., before shipping nto the State shall register his name, firm, or corporation and file a copy of lis or its certificate of inspection, furnished by the entomologist, fruit inspector, >r duly authorized government official of his State, countiy, or province, with i:he secretary of the State board of entomology. All packages, boxes, bales, barloads of plants, commonly known as greenhouse or nursery stock, imported nto the State shall be plainly labeled on the outside with the names of the ?onsignor and consignee, and a certificate showing that the said contents had been inspected by a reputable State or Government official. Upon the failure )f any person or persons to subscribe to the declarations set forth in this sec- ion, said stock shall be confiscated under the order of the State entomologist md plant pathologist. i Sec. 9. Be it further enacted, That the Tennessee State board of entomology shall have the power to adopt such quarantine rules and other regulations, not nconsistent with the constitution of the State and United States, as they may deem necessary to prevent the introduction of dangerously injurious fruit or crop pests or diseases from without the State, and to govern common carriers in transporting shipments liable to harbor such pests or diseases to or from the State, and such regulations shall have the force of law. Sec. 10. Be it further enacted, That any agent, common carrier, railroad, steamboat, or express company found delivering within the bounds of the State 138 LAWS AGAINST INJURIOUS INSECTS. any plants, trees, shrubs, vines, cuttings, bulbs, roots, etc., under condition! otherwise than that provided in this act, shall be found guilty of a misdemeanoj and fined not less than twenty-five ($25) dollars nor more than fifty ($50) dollars for the first offense and one hundred ($100) dollars for each offenst thereafter. Sec. 11. Be it further enacted, That all nursery stock sold, shipped, or deliv; ered within this State or shipped into this State from other States shall b( treated or fumigated as may be required by the regulations of the Tennesse* State board of entomology hereinbefore provided for. Sec. 12. Be it further enacted, That upon knowledge coming from any countj within the State to the board of control that noxious insect pests or plant dis eases exist in said county, or in close proximity in an adjoining county, th< State entomologist and plant pathologist shall be empowered by said board tc investigate as speedily as possible the supposed infectious district ; and if, upoi examination, dangerous insect pests or infectious plant diseases are disclosed such infected premises shall be treated in accordance with this act, as prel scribed in sections 5 and 6. Sec. 13. Be it further enacted, That the State entomologist and plant patholo! gist shall submit to the State board of entomology a monthly report of wort done. He shall also submit an annual report on or before the first of Februarj of each year to the governor of the State, embracing a review of inspections anc] investigations made and the condition of the State relative to insect pests anc| plant diseases, which shall be published, as are other State reports, for genera' distribution. Sec. 14. Be it further enacted, That the sum of two thousand ($2,000) dollars! annually be, and is hereby, appropriated to the State board of entomology ir order to carry out the provisions of this act — namely, to employ a eompetemj State entomologist and plant pathologist ; to procure the requisite facilities! and equipment necessary for the proper discharge of duties herein incurred I to support a reasonable amount of investigation in addition to the inspectioi! work of the State, and to publish the results of observations and investigations! made in bulletin form, which may disseminate information that will prove use! ful to the agricultural and horticultural interests of the State. Sec. 15. Be it further enacted, That the comptroller of the State be, and id hereby, authorized to issue his warrant upon the State treasurer for the sum ol i two thousand ($2,000) dollars annually out of any funds not otherwise appro n priated ; that the said sum of money shall be made payable quarterly to th(| State board of entomology and only upon the presentation of the propel : vouchers. Sec. 16. Be it further enacted, That the State board of entomology shall have! power to adopt such rules and regulations governing insect and plant pests! within the bounds of the State as are not inconsistent with the constitution ol the State and the United States; that said board shall, within sixty (60) days.] from the passage of this act, draft and publish through the State press all rules! and regulations necessary to carry into full and complete effect the embodiment! of this act, cautiously and wisely outlining the diseases and maladies caused bj both insect and fungus, and explaining what constitutes infectious plant disease 6 ! in the eyes of the law. Sec. 17. Be it further enacted, That this act shall take effect from and aftei I its passage, the public welfare requiring it ; and that all laws or parts of laws iql conflict with this act are hereby repealed. Approved April 17, 1905. TENNESSEE. 139 Amended Rules and Regulations of the State Board of Entomology. 1 . The following insects and fungous diseases are declared to constitute festation in trees and plants : The San Jose scale ( Aspidiotus perniciosus ) . The new peach scale ( Aulacaspis pentagona) . The woolly aphis of apple ( Schieoneura lanigera). The Mexican cotton boll weevil ( Anthonomus grandis ) . Black knot of cherry and plum ( Plowrightia morbosa). Crown gall. Rosette of peach and plum. Yellows of peach. 2. Every person, firm, and corporation desiring to conduct the business of a jrsery or to sell fruit and ornamental trees and plants, commonly known as jrsery stock, shall apply to the State entomologist, Knoxville, Tenn., on or Tore July 1, 1906, and annually thereafter, for the inspection of their nursery ock ; and they shall inform the State entomologist of the location of the jrsery or nursery stock to be inspected, its acreage, extent, and amount, so that •rangements can be made for the prompt inspection of said stock. I 3 . Nursery stock is construed to include all fruit, shade, ornamental, and nur •ees, bush fruits, grapevines, and strawberry plants, and all buds, grafts, cions, id cuttings from same. 4. In accordance with section 11 of the law, all trees, buds, grafts, scions, or ittings of apple, apricot, cherry, peach, pear, plum, and quince, which shall be || )ld in the State of Tennessee, shall be fumigated shortly before shipment or Tivery with hydrocyanic acid gas. At the time of the nursery inspection the fumigating house or box shall also i inspected, and must be found in a satisfactory condition ; otherwise no certifi- tte can be granted. 5. No person, firm, or corporation shall sell, offer for sale, exchange, barter, or ive away any nursery stock grown within the State of Tennessee, unless in bssession of a valid certificate of inspection previously obtained from the State bard of entomology. 6 . The State entomologist, or his assistants, shall, on or before September 1 ijC each year, inspect all nurseries and nursery stock within the State, and if )U nd free of infestation a certificate of inspection shall be issued covering same, bod until August 1 of the year following. 7. If infestation is found in any nursery, greenhouse, or nursery stock, the srtificate shall be withheld until the premises have been so treated that the liable stock to be covered by said certificate shall be free from such infestation ; ad such treatment shall be prescribed by the entomologist making the inspec- on. In case part of a nursery shall be found infested, no certificate shall be ranted, but isolated blocks of nursery stock not infested may be considered as iparate nurseries, and a certificate covering such stock may be issued after all ie infested blocks have been treated as ordered by the inspector. If in the jdgment of the inspector infested stock is in so bad a condition as to be nworthy of remedial treatment, it shall be destroyed, subject to appeal, as pro- ided by law. 8. On complaint to the State entomologist by any citizen that infestation exists i any orchard, garden, or other grounds, said grounds shall be inspected by the ntomologist or his assistant. If the infested plants can be saved by remedial ction the inspector shall prescribe treatment, but if the infestation is so great bat, in the judgment of the inspector, the plants are not worth treatment, they 140 LAWS AGAINST INJURIOUS INSECTS. shall be destroyed at the expense of the owner. Appeal can be made to the State® board of entomology, as provided by law. 9. Every carload, box, bale, package, or delivery of nursery stock which hi sold, exchanged, etc., by any person, firm, or corporation within the State of Ten i nessee, shall be accompanied by a copy of the certificate of inspection plainly anil securely attached. This means that every individual sale or bill shall bear <1 copy of the certificate. Any nursery stock not thus marked is liable to !>(• destroyed without compensation to the consignor, who is further liable to a fiml of not less than $100.00. No transportation company, or agent thereof, majl accept for shipment any nursery stock not accompanied by a copy of certificatil of inspection. 10. Any person, firm, or corporation without the State of Tennessee, desiring | to do business within this State shall file with the State entomologist, who hi also secretary of the board, at Knoxville, Tenn., a copy of his certificate oil inspection issued by the proper official of his State. And every shipment ol nursery stock shipped into the State of Tennessee must be accompanied by s >; copy of such certificate of inspection. 11. Shipments of nursery stock not properly labeled shall be refused foi shipment by all common carriers and their agents. Transportation companies ' and their agents shall immediately notify the State entomologist and planl pathologist, Knoxville, Tenn., when by oversight, negligence, or otherwise anj shipment of nursery stock without a proper certificate attached shall arrive al any station or wharf in this State, and it shall be the duty of the entomologisl and plant pathologist or his assistant as speedily as possible to investigate and dispose of such shipment. 12. In accordance with section 9 of the law, and in order to prevent the im portation of the Mexican cotton boll weevil into Tennessee from the State ol Texas and the infested portion of Louisiana, a quarantine is hereby declared . against the following counties of the State of Texas : Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Blanco, Bosque, Bowie, Brazoria, Brazos, Brown, Burleson, Burnet, Caldwell, Calhoun, Cameron, Camp, Cass, Chambers, Cherokee, Collin, Colorado, Comal, Comanche, Cook, Coryell, Dallas, Delta, Denton, Dewitt, Duval, Eastland, Ellis, Erath, Falls, Fannin, Fayette, Fort Bend, Franklin, Freestone, Galveston, Gillespie, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Hamilton, Hardin, Harris, Harrison, Hays, Henderson, Hidalgo, Hill, Hood, Hopkins, Houston, Hunt, Jack, Jackson, Jasper, Jefferson, Johnson, Karnes, Kaufman, Kent, Kendall, Lamar, Lampasas, Lavaca, Lee, Leon, Liberty, Limestone, Live Oak, Llano, Madison, Marion, Matagorda, McLellan, McMullen, Milam. Mills, Montague, Montgomery, Morris, Nacogdoches, Navarro, Nueces, Newton, Orange, Palo Pinto, Panola, Parker, Polk, Rains, Red River, Refugio, Roberson, Rockwell, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, San Saba, Shelby, Smith, Somervell, Starr, Stephens, Tarrant, Titus, Travis, Trinity, Tyler, TTpshur, Van Zandt, Victoria, Walker, Waller, Washington, Wharton, Williamson, Wilson, Wise, Wood, and the following parishes of Louisiana : Bossier, Caddo, Calcasieu, Cameron De Soto, Grant, Sabine, St. Landry, and Vernon, as well as those portions of Red River, Natchitoches, and Rapides parishes lying west of the Red River. TEXAS. 141 (a) No cotton lint (loose, baled, flat, or compressed), cotton seed, seed cot- )n, cotton-seed hulls, seed-cotton or cotton-seed sacks (which have been used), r corn in the shuck shall be shipped into Tennessee from the infested coun- es of Texas and parishes of Louisiana, as above enumerated. (b) Shipments of household goods from the infested areas of Texas and ,ouisiana shall not be admitted into Tennessee unless accompanied by an affi- avit attached to the waybill, to the effect that the shipment contains no cotton nt, cotton seed, seed cotton, cotton-seed hulls, seed-cotton or cotton-seed sacks, r corn in the shuck. (c) It shall be unlawful for anyone in Tennessee to have in his possession ve Mexican cotton boll weevils. The public is urged to recognize the danger f introducing unwittingly live boll weevils for inspection, observation, or ex- eriment. Adopted February 12, 1906. TEXAS. Ln Act to prevent the keeping of certain fruit trees affected with yellows, crown gall, black knot, or any tree, shrub, or plant infested with or by San Jose scale or other dangerous, injurious, or destructive pest ; and declaring such affected and infested trees, shrubs, and plants a public nuisance, and making it the duty of the commis- sioner of agriculture, insurance, statistics, and history to seek out and destroy such trees, shrubs, and plants, or cause the same to be done, or to have such affected or infested trees treated ; and providing the manner of such destruction and treatment, and for an investigation by the commissioner of agriculture, insurance, statistics, and history when he believes, or has reason to believe, that any such diseases or pests may exist in this State, and providing the manner of combating such diseases and pests, and the prevention of their spread and dissemination ; providing for the examination of nurseries and giving certificates to that effect ; regulating the importation of trees, shrubs,' and plants from without the State ; forbidding the selling, consigning, or shipping of nursery stock ^without such certificates ; providing for the fumigation of certain trees, shrubs, and plants; providing penalties, and making an appropriation, and declaring an emergency. Section 1. Be it enacted by the legislature of the State of Texas, No person n this State shall knowingly or willfully keep any peach, almond, apricot, or tectarine trees affected with the contagious disease known as yellows. Nor hall any person keep any peach, plum, or other tree affected with crown or oot gall, nor shall any person knowingly or willfully keep any plum, cherry, >r other trees affected with the contagious disease or fungus known as black :not, nor any tree, shrub, or plant infested with or by the San Jose scale or other nsect pest dangerously injurious to or destructive of trees, shrubs, or other >lants ; every such tree, shrub, or plant shall be a public nuisance, and as such diall be abated, and no damage shall be awarded for entering upon premises ipon which there are trees, shrubs, or plants infected with yellows, black knot, Town gall, or other infectious dangerous disease, or infected with San Jose 'Cale or other dangerous insect pest, for the purpose of legally inspecting the 'awe, nor shall any damages be awarded for the destruction by the commis- >ioner of agriculture, insurance, statistics, and history, or his duly authorized igents or representatives, of such trees, shrubs, or plants, or altogether destroy- ng such trees if necessary to suppress such disease, if done in accordance with he provisions of this article, except as otherwise herein provided. Every per- son, when he becomes aware of the existence of such disease or insect pest in any Tee owned by him, shall forthwith report the same to the commissioner of agri- culture, at Austin, Texas, and the said commissioner shall take such action as the law provides. If in the judgment of said commissioner, or the person or 142 LAWS AGAINST INJURIOUS INSECTS. persons representing him, the trees, shrubs, or other plants so infected, infest® or diseased should be destroyed, then such destruction shall be carried on an completed under the supervision of said commissioner, or the person or persoi dulj appointed by him and authorized so to do, without unnecessary delay but the owner of the trees, shrubs, or plants shall be notified immediately ui>o its being determined that such trees, shrubs, or plants should be destroy^ by a notice in writing signed by said commissioner, or the person or person representing him, which said notice in writing shall be delivered in person 1 the owner of such trees, shrubs, or plants, or left at the usual place of resident! of such owner, or if such owner be not a resident of the locality, to notify b leaving such notice with the person in charge of the premises, trees, shrubs, o plants, or in whose possession they may be; such notice shall contain a brie statement of the facts found to exist, whereby it is necessarv to destroy sue trees, shrubs, or plants, and shall call attention to the law under which it i proposed to destroy them, and the owner shall within ten days from the dat upon which such notice shall have been received remove and burn all sue diseased or infected trees, shrubs, or plants. If, however, in the judgmei of said commissioner, or person representing him, any trees, shrubs, or plant infected with any disease or infested with dangerously injurious insects cai be treated with sufficient remedies, he may direct such treatment to be carrie out 1)3 the owner under the direction of the commissioner’s agent or agenta In case of objections to the findings of the inspector or agent o£ the commiJ sioner, an appeal may be made to the commissioner, whose decision shall W final. An appeal must be taken within three days from service of said notice and sha11 a ct as a stay of proceedings until it is heard and decided. When th commissioner, or person or persons appointed by him, shall determine that an tree or trees, shrubs, or other plants must be treated or destroyed forthwith, h may employ all necessary assistance for that purpose, and such person or per sons, agent or agents, employe or employes may enter upon any or all premise] necessary for the purpose of such treatment, removal, or destruction. Bu such commissioner, or the person representing him, shall, before such treat ment or destruction, first require the owner or person in charge of such trees] shrubs, or plants to treat or destroy same, as the case may be, and upoil the refusal or neglect upon the part of said owner or persons in charge to sJ treat or destroy such trees, plants, or shrubs, then such commissioner or persoil or persons representing him shall treat or destroy such trees, shrubs, or plantJ and all reasonable charges and expenses thereof shall be paid by such owner o person m charge of said trees, shrubs, or plants, and shall constitute a legal' claim against such owner or person in charge, which may be recovered in am court having jurisdiction, upon the suit of such commissioner or the counUi attorney of the county where the premises are situated, together with all costs: including an attorney fee of ten dollars, to be taxed as other costs. Sec. 2. When such commissioner knows or has reason to believe that any such! contagious disease exists, or that there is good reason to believe it exists, oi danger is justly apprehended of its introduction in any locality in the State, or, that any dangerously injurious insect pest exists within this State and ha* reason to beheve that danger may be justly apprehended from its existence, hi ► hall forthwith send some competent person and such agent or agents as Ik may deem necessary to assist in extirpating said pest or pests, disease or dis eases, and the said commissioner is hereby authorized and empowered to take such steps and do whatever may be deemed necessary to so control or prevent ’ I and to extirpate said pest or pests, disease or diseases, and he shall cause an examination to be made at least once each year prior to Novern TEXAS. 143 r first of each and every nursery or other place where trees, shrubs, or plants, mmonly Known as nursery stock, are grown for sale, for the purpose of ascer- ining whether the trees, shrubs, or plants therein kept or propagated for ile are infected with any such contagious disease or diseases or infested with cli pest or pests. If after such examination it is found that the said trees, (rubs, or other plants so examined are free in all respects from any contagious infectious disease or diseases, dangerously injurious pest or pests, the said mmissioner, or his duly authorized agent or other person designated to ike such examination, shall, upon the payment of the fees hereafter provided, me to the owner or proprietor of the said stock so examined a certificate tting forth the fact that the stock so examined is apparently free from any id all such disease or diseases, pest or pests. Should any nursery agent or aler or broker send out or deliver within the State trees, vines, shrubs, plants, ids, or cuttings, commonly known as nursery stock, and which are subject to e attacks of insects and diseases above provided for, unless he has in his •ssession a copy of said certificate dated within a year thereof, deface or i stroy such certificate, or wrongfully be in possession of such certificate, he lall be guilty of a misdemeanor, and upon conviction shall be punished by a le of not less than one hundred dollars nor more than five hundred dollars. 11 nursery stock consigned for shipment or shipped by freight, express, or her means of transportation shall be accompanied by a copy of said certificate tached to each car, box, bale, bundle, or package. Any person selling or insigning for shipment, or shipping nursery stock as above, without such cer- Scate attached, shall be guilty of a misdemeanor, and shall be punished by a le of not less than one hundred dollars nor more than five hundred dollars. 11 trees, plants, shrubs, buds, or cuttings, commonly called nursery stock, •own in any nursery in this State in which San Jose scale has been found ithin two years of the date of the dissemination of said nursery stock, or grown i said nursery within one-half a mile of where said scale was found, and also ;1 nursery stock from outside of this State disseminated or planted in this tate, after the first day of November, 1905, must be fumigated with hydro- ranic gas in such manner as may be directed by the commissioner of this State, ucli fumigation must be done by the grower, consignor, or consignee of such :ock before planting, dissemination or reshipment, except such trees, shrubs, lants, buds, or cuttings grown in this State as are planted by the grower or ropagator for himself, or such as from its nature or state of growth would be tempt ; in such cases the commissioner shall declare such trees, shrubs, plants, ids, or cuttings free from such treatment. All nursery stock brought into this tate from outside of this State must be accompanied by a certificate from the msignor that it has been fumigated as aforesaid. Whenever any trees, shrubs, lants, or other nursery stock are shipped into this State from another State, >unty, or province, every package thereof shall be plainly labeled on the ntside with the name of the consignor, the name of the consignee, the contents, nd, in addition to the certificate of fumigation above provided for, by a cer- ficate showing that the contents have been inspected by a State or Government fficer, and that the trees, shrubs, plants, or other nursery stock therein con- fined appear to be free from all injurious insects or diseases. Sec. 3. Whenever any nursery stock is shipped into this State without such n-tificate, the fact shall be reported to said commissioner within twenty-four ours by the railroad, express, or other transportation company, or other per- m or persons carrying the same ; and any agent of any such railroad, express, r other transportation company, or any person or persons who shall violate the rovisions of this article shall be punished by a fine of not less than fifty nor lore than two hundred dollars for each offense. The consignee or person re- 144 LAWS AGAINST INJURIOUS INSECTS. ceiving such stock shall, before selling, using, or disposing of same, fumiJa such stock in accordance with the rules of said commissioner, with hydroc.vag gas, or procure a certificate from said commissioner that he has examined su', stock and found the same to be apparently free from San Jose scale and otM insect pests, and from all dangerously infectious diseases; and any one viola ing the provisions of this section shall be punished by a fine of not less tbj twenty-five dollars nor more than two hundred dollars. The words “ nurse stock ” wherever used in this article shall apply to and include all trees, shrul plants, or buds grown for nursery, basket, or other commercial purposes, cuttings, whether grown in a nursery or elsewhere, so far as it relates to fun gation. The provisions of this and the preceding sections shall not apply florists, greenhouse plants, flowers, or cuttings commonly known as greenhol stock. Sec. 4. Should any trees, shrubs, plants, or other nursery stock be shippi into this State under the certificate required in section 2 of this act witho being first fumigated as required therein, or without having been inspected required in section 2, or should it be made to appear that any such certifica is false, and that the nursery stock to which it relates is not free from insei pests or dangerous contagious diseases, such certificate shall be disregard! and such trees, shrubs, plants, or nursery stock shall be held to have been shipp< without such certificate as far as their sale, use, or disposition is concerne and said commissioner shall when deemed necessary cause any trees, shrul Plants, or other nursery stock shipped into this State from without the Sta to be examined, and where necessary have such trees fumigated or destroys and when it comes to the knowledge of said commissioner that any perso firm, or corporation is shipping into this State, or is about to ship any tret Plants, shrubs, or other nursery stock under a false certificate, such cornmi Sionor shall forbid such shipment and give warning to the public of same. Sec. 5. The commissioner of agriculture, insurance, statistics, and histoi shall make such rules and regulations as may be deemed proper for carryii into effect this act, not inconsistent with same, and for the inspection of nu series, and may call into service the State entomologist when not otherwise e: gaged, and also such other person or persons as may be necessary, and he sha fix and collect any reasonable fees for inspecting nurseries, to be paid by tl person or persons for whom such inspection is made. Sec. 6. If said commissioner or any of his agents or employes give a fall certificate, or a certificate without an actual examination of the nursery stoc for which such certificate is given, to any owner, proprietor, or lessee of an nursery, or to any other person for use under the provisions of this chapter, 1 shall be deemed guilty of a misdemeanor, and on conviction shall be punishe by a fine of not less than five hundred dollars nor more than one thousand dc lars for each offense. Sec. 7. That the sum of one thousand dollars or so much thereof as may If necessary is hereby appropriated out of any funds in the State treasury nJ otherwise appropriated to carry out the provisions of this act. Sec. 8 . T he fact that there is no law in this State to prevent the introductioi dissemination, and spread of San Jose scale and other dangerous insect pel and contagious dangerous diseases, -and that the fruit industry, one of the mo: important in this State, is seriously menaced and threatened with irreparabl loss and injury, creates an emergency, and an imperative public necessity r quiring the constitutional rule requiring bills to be read on three several da\ be suspended, and is hereby suspended, and that this act take effect and be i force from and after its passage, and it is so enacted. In effect now. TEXAS. 145 Rules and Regulations of the Commissioner of Agriculture. PESTS AND DISEASES DANGEROUS, INJURIOUS, OR DESTRUCTIVE. (1) In accordance with section 1 of the above-cited act the following insect sts and fungous diseases are hereby declared injuriously infective and con- igious ; this list to be revised at the will of the commissioner of agriculture : San Jose scale ( Aspidiotus perniciosus) . Wooly aphis of apple ( Schizoneura lanigera). The new peach scale ( Diaspis pentagona ) . Mexican cotton boll weevil ( Anthonomus grandis). Citrus white fly ( Aleyrodes citri). Purple scale ( Mytilaspis citricola). Crown or root gall. Yellows of peach. Rosette peach and plum. Black knot plum and cherry. (2) The inspector is hereby charged by the commissioner of agriculture of exas with the enforcement of said act, and as inspector is directed to locate l personal investigation, correspondence, and in such other manner as he may jaem best the above-named pests, so far as they may exist in this State, and jive such directions and take such steps in accordance with the above-cited act 8 he may deem proper and necessary to control or eradicate the same. JWER OF COMMISSIONER OF AGRICULTURE, HIS AGENT OR AGENTS, TO DESTROY INFESTED PLANTS. (3) In accordance with section 2 of the above-cited act. the inspector is ereby empowered to treat or condemn and destroy any infested trees, shrubs, r other plants when such infestation is or is likely to become a menace to the gricultural interests of any section of the State and when the owner or wners of infested premises shall refuse or neglect to properly execute the treat- ment prescribed for him or them after having been notified, as provided in sec- ion 1 of said act. CERTIFICATE — HOW PROCURED. (4) When a nursery has been inspected by the commissioner of agriculture, iis agent or agents, and the inspection fee paid, a certificate will then be ssued by the commissioner of agriculture, setting forth therein that the stock it the nursery and the premises of the person or persons for whom the inspec- ion was made was carefully examined in compliance with the law, and that t was apparently free from dangerously injurious insects and contagious dis- eases ; each and every certificate thus issued is good for one year from date thereof. INSPECTION FEE. (5) In accordance with section 5, empowering the commissioner of agricul- ture to fix and collect any reasonable fees for inspecting nurseries to be paid by the person or persons for whom such inspection is made a fee of $5.00 per day and necessary traveling expenses is to be charged, and must be paid before such certificate, as provided for in rule 4, can be issued. 7418- — No. 61 m 10 146 LAWS AGAINST INJURIOUS INSECTS. DISPOSITION OF INFESTED NURSERY STOCK BEARING CERTIFICATE. (6) If any nursery stock shipped into the State of Texas under certifica required in section 3 is not free from insect pests or contagious diseases, t certificate shall be disregarded, and the nursery stock shall be held to have be< shipped without certificate, and will be disposed of as provided for in section • and when it comes to the knowledge of the commissioner of agriculture th any person, firm, or corporation is shipping into this State, or is about to shi any trees, plants, shrubs, or other nursery stock under false certificate, su» commissioner shall forbid such shipments and give warning to the public of tl same. NURSERYMEN TO APPLY FOR INSPECTION BEFORE JULY 1. (7) Persons or firms in the State of Texas growing for sale trees, cutting! shrubs, vines, or other plants commonly known as nursery stock shall mall application to the commissioner of agriculture for inspection and certificate < or before the 1st of July of each year, except for year 1905 ; application for tb year on or before August 15th. Any person, corporation, or firm failing to mall application to have his or their stock inspected as aforesaid after receipt 1 notice of this rule shall not be permitted to offer for sale in this State any I said stock not inspected : Provided , That such person, corporation, or firm ma make written application to the commissioner of agriculture to be relieved I his or their default and consequences, and offering to pay any additional el pense incurred by the State and its officers by reason of such failure. Til commissioner of agriculture may, upon a proper showing, order an inspection <1 said nursery. OFFICIAL CERTIFICATE AND TAGS HOW SECURED OUT OF THE STATE.. (8) Any person or persons residing in States or countries outside of the Sta' of Texas, dealing in or handling shrubs, trees, or other plants in this State, <1 shipping trees, shrubs, or other plants therein, shall file with the commissiond of agriculture of Texas a certified copy (or a signed duplicate of original) < the certificate issued by the entomologist, fruit inspector, or other duly autho ized official of the State or country in which said stock was grown. Such cel tificate for nurseries south of the northern boundary line of North Carolin Tennessee, and Arkansas must be based upon an inspection made not earlnj than July 1st, and for nurseries north of said line upon an inspection made n< earlier than June 1st. COMMON CARRIERS MUST REPORT UNCERTIFIED STOCK. PENALTY FOR NEGLECT. | (9) Any nursery stock shipped into the State of Texas without certificai as provided for in section 3 shall be reported to the commissioner of agricu: ture within 24 hours by the railroad, express, or other transportation compani or other person or persons carrying the same. Any agent of any such railroao express, or other transportation company, or any person or persons who sha violate the provisions of this act, shall be punished by a fine of not less tha $50.00 nor more than $200.00 for each offense. DISPOSING OF UNCERTIFIED STOCK BY CONSIGNEE. PENALTY FOR NEGLECT. (10) The consignee or person receiving uncertified nursery stock shall, befor selling, using, or disposing of same, fumigate such stock, in accordance wit UTAH. 147 ie rules and directions of the commissioner of agriculture, with hydrocyanic id gas, or procure a certificate from said commissioner that he had examined ch stock and found the same to be apparently free from dangerously injuri- es insect pests and infectious diseases ; any one violating the provisions of I "is section shall be punished by a fine of not less than $25.00 nor more than 100.00. (In effect November 1st, 1905, and after.) See section 3 of this act. ■ (11) The words “nursery stock” wherever used in connection with this act liall apply to and include all trees, shrubs, plants, cuttings, or buds grown for Iirsery, basket, or other commercial purposes, or cuttings, whether grown in a lirsery or elsewhere, so far as it relates to fumigation. The provisions of this lid Rule 10 shall not apply to florists, greenhouse plants, flowers, or cuttings, jjuumonly known as greenhouse stock. WHAT STOCK TO FUMIGATE. I | (12) All trees, shrubs, or plants commonly known as nursery stock, with the Itception of conifers, offered for sale, sold, or given away in this State shall be limigated with hydrocyanic acid gas by the grower, under the direction of the limmissioner of agriculture, provided that the San Jose scale has been found I ithin two years of the date of the dissemination of the said nursery stock, or (Town in said nursery within one-half mile of where said scale was found. 1 pon failure of any grower or growers to comply with this requirement, certifi- fite shall be withheld or canceled and the case disposed of as provided in sec- ion 1 of said act. APPEALS FROM DECISION OF INSPECTOR. (13) Appeals from the decision of the inspector or agent shall be addressed [o the commissioner of agriculture within three days from the service of the otice of such decision, and said commissioner will notify the appellant of the ime and place of hearing such appeal. The decision of the commissioner of griculture shall be final. UTAH. Chapter 98, Session Laws of 1905. In Act creating a State board of horticulture, providing for county fruit-tree inspectors, defining their duties, providing for the publication and distribution of their reports, defining the duties of orchardists and nurserymen, and repealing chapter 104, laws of Utah, 1903. Be it enacted by the legislature of the State of Utah: Section 1. A State board of horticulture is hereby created consisting of five nembers, one of whom shall be the director of the Utah Agricultural College Experiment Station, and the other four shall be appointed by the governor, oy and with the consent of the senate, one from each of the four horticultural .listricts, which are hereby constituted as follows : First. The counties of Boxelder, Cache, Rich, Morgan, and Weber shall be known as district No. 1. Second. The counties of Davis, Salt Lake, Tooele, Summit, and Wasatch shall be known as district No. 2. Third. The counties of Utah, Juab, Carbon, Emery, Uintah, San Juan, Grand, Sanpete, and Sevier shall be known as district No. 3. 148 LAWS AGAINST INJURIOUS INSECTS. Fourth. The counties of Millard, Beaver, Piute, Wayne, Iron, Garfield, Ks and Washington shall be known as district No. 4. Sec. 2. Upon approval of this act the governor shall appoint four membi no more than three of whom shall belong to one political party, and their tc of office shall be four years and until their successors are appointed and qu tied. The members appointed from each district shall be residents of the < trict from which they are appointed and shall be specially qualified by pil tical experience and study in connection with the industries dependent uj horticulture. Their term of office shall begin within 30 days after appointing Sec. 3. Said board shall have an office at the State capital, which shall I maintained at the expense of the State, and within 30 days after their appoi ment they shall meet and organize by electing a president and secretary frj their number. The State treasurer shall be ex officio treasurer of the board.l Sec 4. The board shall meet semiannually, and as much oftener and at sil places as it may deem expedient, to consult and adopt such measures as n| best promote the horticultural industries of the State. It may hold institul and horticultural meetings, and may appoint competent and qualified persJ to lecture in each of the horticultural districts named in section 1 of this I for the purpose of illustrating practical horticultural topics and impartl instruction in the methods of culture, pruning, fertilizing, and also in the bl methods of treating the diseases of fruit and fruit trees, etc., cleansing orcharl and exterminating insect and other pests. They shall also confer with i| instruct the county fruit-tree inspectors provided for herein in relation to tbl duties, as occasion may require, and shall have general supervision over 1 enforcement of the provisions of this act. Sec. 5. The secretary, besides being a practical horticulturist, shall be esl cially qualified for his office by experience and education to compile and corrl reports and essays, to present in a logical order all the information to be pi lished by the board. It shall be his duty to attend all meetings of the boa and to prepare and preserve all reports of its proceedings and correspondenil to collect books, pamphlets, and periodicals and other documents containipj information relating to horticulture and to preserve the same, to collect stall tics and other information showing the actual condition and progress of hoill culture in this State and elsewhere, and prepare, as required by the boa jJ reports for publication, and shall distribute by mail or otherwise the bulletin reports, and other publications of the board to the fruit growers of the St;* and others who may request them, and to perform all such other duties as mfj be prescribed by the board. Sec. 6. The compensation of each appointed member of the State board fl horticulture shall be $400 per annum, excepting the member designated to jit! as secretary, provided for herein, who shall receive as compensation the sia! of $1,200 per annum, who shall devote all his time and attention to the boajfl and shall not be engaged in any other business. In addition to such compe sation each member of the board shall receive the amount of his actual al necessary traveling expenses when on official business. The salaries and ottp expenses as provided herein shall be paid as provided in case of other St;? officers : Provided, That before entering upon the discharge of his official dut ; each member shall make and subscribe to the constitutional oath of office. Sec. 7. The office of the board shall be in charge of the secretary and shi be open for the transaction of business each day during the year, excepti; Sundays and legal holidays and excepting such time as the secretary of U board may be in the active discharge of his duties outside of said office: Pi vided, That the necessary office expenses shall be paid from the funds here after appropriated as other expenses are paid. UTAH. 149 Src 8 . The State treasurer is hereby authorized to receive gifts, donations uTTana rzsrsfis ^^rt^Stara^wmmiLtoners aTdToTthe' P«^ t„ q The state board of horticulture is hereby vested with all necessary . ..... m »« .; fruit and tree pests' and diseases of fruit, and fruit, shade, and ornamental ees and for the disinfection of grafts, scions, orchard debris, fruit boxes a Sages, and other material or transportable articles baid»ur.ngo co ltaD .„g r=rr.c., , =.c,=r^..“ -=«£, 12 the same at least four successive times in some newspaper having a geneu fetation in the State, and by posting copies thereof in three conspicuous 1 1 ■ in Pdi.ii countv one of which shall be at the county court-house. .Sucn educations' when so'circulated and promulgated, shall be held to impart notice ftheir contents to all persons within the State and shall be binding upon then V wilful violation or violation by neglect of any quarantine or other regulaUo f said board necessary to prevent the spread and introduction into the State of ruit or tree diseases or insect pests, or the shipment, sale, or distribution of any rtjcle so infected as to be dangerous to the fruit-growing interests, of the State Tthe spread of dangerous diseases among trees or orchards, shall be deemed a ““iTor the purpose of disseminating knowledge concerning contagious liases or injurious pests affecting trees, plants, vines, or fruit, and the reme- lies preventives, and disinfectants applicable thereto, the board shall from ime to time, as it may deem necessary, have bulletins printed containing sue nformation remedies, preventatives, and disinfectants as it may approve, to- Cither with the rules and regulations formulated by it in accordance with sec- 10 of this act; which bulletins shall be circulated among the fruit growers fruit dealers, shippers, transportation companies of horticultural products an< “TT^^rdaTafter this law goes into effect, the board of county commis Le s of the several counties shall appoint one horticultural inspector anT as many deputies as deemed necessary to carry out the provisions of this aT saiTTuspectors and their deputies shall he competent, experienced and practical horticulturists. Such inspectors shall hold office for a term o w Tears and m u their successors are appointed and qualified, unless sooner re- moval for cause. They shall qualify by taking and subscribing the constitu- tional oath, which shall be filed with the county clerk ; said at paid out of the county treasury for the time and such rate per day as the board of county commissioners shall fix, not to exce $3 per day for inspectors, and $2 for deputies, with reasonable transportation expenses. The county inspector or inspectors shall carry out t le pio\ imoiis o 150 LAWS AGAINST INJURIOUS INSECTS. this act and the regulations of the State hoard of horticulture, and perfoi such other labors as the county commissioners may direct for the extirpation fruit and other pests and diseases : Provided , That it shall not be lawful • spray with any arsenical or other poisonous material any tree or shrub wh the same is in bloom : Provided further , That in the event of any county i spector failing or refusing to properly perform his duties, nothing in this a shall he construed to prevent the member of the State board of horticulture f the district in which such county inspector may be derelict from enforcing said county the provisions of this act and the rules and regulations of the Sta board of horticulture. Sec. 13. The county fruit-tree inspector, or his deputies in each county, sin make an inspection of every orchard, nursery, vineyard, and fruit packing cold storage house, storeroom, or sales room, warehouse, or any other place, i article connected with horticulture within their jurisdiction at least once eve year, and as much oftener as may be deemed necessary for the protection the fruit interests of the county, and if found infected with pests or diseas injurious to fruit or fruit trees, vines, shrubs, plants, ornamental or sha< trees, they shall notify the owner or owners, person or persons, in charge possession of the fruit, trees, vines, shrubs, or places or articles as aforesaid th the same, or any of them, are infected with disease, insects, or their eggs or larv and they shall require such persons to remove or disinfect the same and mal application of such treatment for the purpose of destroying them as prescribi by the State board of horticulture, within a certain time, to be specified in sa notice. Said notice may be served upon the person or persons owning or ha ing charge of such infested trees, fruits, or places or articles aforesaid by ai inspector, or they may be served the same as a summons in a civil action. * the owner or owners, person or persons, in charge or possession of orchards < nursery trees, ornamental or shade trees, fruits, places, or articles infected wi said diseases, insects, or any of them, their larvae, or eggs, after having l>e< notified as above by said inspector to destroy the same or make application • treatment as directed, shall fail, neglect, or refuse so to do, they shall 1 deemed guilty of maintaining a public nuisance and shall be punished by fin not less than five nor more than one hundred dollars, and any such orchard nurseries, trees, or places or articles thus infected, shall be adjudged, and til same is hereby, declared a public nuisance, and shall be punished by fine, nj less than five nor more than one hundred dollars ; and any such orchard! nurseries, trees, or places or articles thus infected shall be adjudged, and til same is hereby declared a public nuisance and shall be proceeded against it such. It shall be the duty of the county inspector in whose county said nuisamj shall exist to cause such nuisance to be abated at once by eradicating or d| stroying said disease, insects, or pests, or their larvae or eggs, by treating <1 disinfecting the infected or diseased fruit trees, plants, places or articles si aforesaid, and the costs thereof shall be assessed against the owner or owner)] person or persons, in charge of said property or premises, and if not pall within 10 days from demand the said expense shall become a county charji and the board of county commissioners shall allow and pay the same out of tl general fund of the county. Any and all sums so paid shall be and become lien on the property and premises from which said nuisance has been remove or abated in pursuance of this act and may be recovered by an action again the owner or owners of such property or premises : Provided , That all formul; for disinfection or eradication of said diseases or insect pests shall he as pr scribed by the State board of horticulture, hut the time and place of application shall be left to the discretion of the county inspectors. UTAH. 151 Sec. 14. For the extirpation of serious, noncurable tree diseases, such as iar blight, crown gall, peach yellows, peach rosette, upon discovery of said ,seases the county fruit-tree inspector shall notify the owner or owners, per- ,n or persons in charge or possession of said trees or shrubs, of such fact, and iaii require such persons to extirpate the said disease by destroying the alfected •ees or shrubs by burning within a certain time, to be specified in said notice, lid notice to be served upon the person or persons owning or having charge t such infected trees as aforesaid by any inspector, or they may be served the ame as a summons in a civil action. If the owner or owners, person or per- ans in charge or possession of said trees or shrubs, after having been notified s above by said inspector to destroy the same as directed, shall fail, neglect, or efuse so to do, they shall be deemed guilty of maintaining a public nuisance, and be case shall be reported to the county attorney, who shall file a complaint, and L shall be speedily adjudicated; and if charges are found correct the court hall order the same destroyed or removed, the costs to be paid within ten days ,y the owner or person in charge ; if not, it shall be paid by the county, and lit shall be collected by the county attorney, with costs, and paid into the county treasury. tl Sec 15 The county inspector shall make monthly reports to the county com- Inissioners and to the secretary of the State board of horticulture on forms pre- Icribed by the said board. Said reports shall embrace the labors of the county inspector and his deputies for the month and statistics showing the general con- dition of horticulture within the county, together with such statement of facts md recommendations as he may deem useful to the horticultural interests of he county. The secretary of the State board shall make a biennial report to he secretary of state the first day of December preceding the meeting of the State legislature, and the secretary of state shall cause 5,000 copies of the same L be published in a pamphlet or book form for distribution as other State publications. |j Sec 16 It shall be the duty of every owner, possessor, or occupier ot any (orchards, nursery, garden lot, or land where fruit trees are grown within this State to remove from said land and destroy by burning all diseased or decayed branches of fruit trees affected with pear blight and to burn and destroy all dead , trees and trees affected with peach rosette or peach yellows. Sec. 17. It shall not be lawful for any nurseryman, corporation, or private I individual to import into this State or to ship in the State any trees, shrubs, or vines, unless the same are properly certified to by a professor of entomology of a Government experiment station, or an officer of a State board of horticul- ture or a regular examiner and appointed county inspector, operating in the regular discharge of their duties, as having been fumigated or disinfected by hydrocyanic acid gas before shipment. Importations of trees or shrubs unac- companied by such certificate of fumigation shall be held in quarantine at , owner’s risk until so fumigated, at the cost of the importer. Said fumigation shall be made to the satisfaction of the county fruit-tree inspector or of the member for that district of the State board of horticulture. Sec. 18. It shall be the duty of any and all owners of any nursery or nurseries or nursery* stock to disinfect by the use of hydrocyanic gas all their nursery stock for the destruction of insects or diseases injurious to fruit trees or shrubs before removing the same, or any of it, from their premises for sale, gift, dis- tribution, or transportation. Sec 19 The State board of horticulture shall have power to authorize the holding of State horticultural exhibitions, and shall determine the time and place for holding said exhibitions, with power to arrange for premiums and 252 LAWS AGAINST INJURIOUS INSECTS. awards, and perform such other duties as may be necessary in conducting sue exhibitions. Sec. 20. For the purpose of carrying out the provisions of this act, $8,000 j hereby appropriated out of any money in the State treasury not otherwis appropriated ; $4,000, or so much thereof as may be necessary, to be paid in tb year 1905 and $4,000 in the year 1900. Sec. 21. That chapter 104 of the session laws of Utah, 1903, is hereby r< pealed. Sec. 22. This act shall take effect upon approval. Approved March 9, 1905. Rules, Formulas, and Recommendations Promulgated by the State Boar of Horticulture. Rule 1. It shall be the duty of every owner, possessor, or occupant of a] orchard or land where trees, vines, or shrubs are grown within this State t remove from said land and destroy by burning all diseased or decayed brancliej or trees, rubbish, and debris harboring insects or fungous growth, and to kee]| their orchards clean of all decayed and fallen fruit. Rule 2. The owner or owners of any nursery or nurseries shall disinfect all their nursery stock before the removal of the same from their premises foj sale, gift, distribution, or transportation by the use of hydrocyanic acid gas, a:| given in Formula No. 4. Rule 3. Importations of trees or shrubs, and shipments of home-grown nur sery stock unaccompanied by a certificate of fumigation as required by rule 2i shall be held in quarantine at owner’s risk until so fumigated at the cost of the importer or grower. Said fumigation shall be made to the satisfaction of tin county horticultural inspector or of the member for that district of the Staff] board of horticulture. Note. — Rules 2 and 3 are promulgated because of the undoubted fact that scale insects may infest nursery stock and still escape any inspection that it is! practicable to make. Rule 4. Any member of the State board of horticulture, or county horticul- tural inspector, may give a certificate stating that any nursery stock within his district or county has been fumigated with hydrocyanic acid gas when it shall be proved to the satisfaction of such officer that said stock has been so treated ; but no certificate shall be given by any officer stating that any nursery stock is free from insects or diseases. Rule 5. It shall be the duty of each county horticultural inspector to examine all nursery stock received in his county or district and see that it is accom- panied by a certificate of fumigation as required by sections 17 and 18 of the State horticultural law (chapter 98, Session Laws of Utah, 1905). Rule G. All importations or shipments of trees, shrubs, or vines shall be inspected for crown or root gall and pear blight, and all such infected trees, shrubs, or vines shall be destroyed by burning. Rule 7. It shall be the duty of every owner or possessor of any trees, shrubs, or vines found to be infested with any injurious insects or infected with fungus or other diseases to disinfect the same by spraying or other treatment as pro- vided hereinafter. Rule 8. All trees, shrubs, or vines found to be infested with the San Jose scale shall be treated as hereinafter provided. (Kerosene emulsion, double stiength, in summer, and lime-sulphur mixture as a winter spray.) VIRGINIA. 153 | Rule 9. Any and all fruit trees, whether in orchard or nursery, within the ;tate found to be infected with diseases known as peach yellows or peach losette or crown gall shall be destroyed by burning as soon as such diseases laay be determined to exist. Destruction of such infected trees shall be car- ied out upon the order of any member of the State board of horticulture or of ny county horticultural inspector, as provided by the horticultural law of Utah. Rule 10. It shall be the duty of every owner or possessor of any orchard ound to be infected with the disease known as pear blight or fire blight to disinfect the same by cutting out and burning all affected branches, and the Jvhole tree, if badly infected. Limbs should be cut off a foot below the part iffected. The knife and saw used in cutting out the diseased limb must be disinfected with kerosene or a 5 per cent solution of carbolic acid, and in addi- , ion the stub remaining on the tree should be disinfected with the same mate- rnal, to prevent the further spread of the disease. The pear blight is a most pernicious and discouraging disease, for which no remedy has thus far been dis- covered, and the board suggests that it will be more economical to take out all hadly affected trees, both root and branch, than to try to save them by pruning. Rule 11. It shall be the duty of the county horticultural inspector to see hat the provisions of these regulations and of the horticultural law are put in i'orce and effect within his jurisdiction. Rule 12. Disinfection as provided by these regulations shall be to the satis- faction of the county horticultural inspector or of the member of the State horticultural board having jurisdiction. Rule 13. To make effective the horticultural law of the State and the regu- ations of the board of horticulture respecting importations and shipments of mrsery stock it shall be the duty of express and transportation companies or heir agents to at once report the arrival of any shipment of nursery stock to he county horticultural inspector having jurisdiction, either by mail or tele- )hone, to give this officer opportunity to make any necessary inspection, as •equired in rules 5 and G, and shall hold the stock in quarantine till such inspec- ion is made : Provided, That no shipment of nursery stock shall be held longer han 24 hours after notice of its arrival has been sent to the county horticul- tural inspector. Adopted in regular meeting of the board of horticulture, held in Salt Lake City, April, 1905. VERMONT. There is no law in Vermont relating to the control of injurious insects. VIRGINIA. In Act to amend and reenact an act entitled “An act to create and maintain a State board of crop pest commissioners, and to define its duties and powers,” approved March 5, 1900. I. Be it enacted by the general assembly of Virginia, That an act entitled “An act to create and maintain a State board of crop pest commissioners, and to define its duties and powers,” approved March fifth, nineteen hundred, be amended and reenacted so as to read as follows : Section 1. The board of control of the Virginia agricultural experiment sta- tion is hereby created a State board of crop pest commissioners, with power and 154 LAWS AGAINST INJURIOUS INSECTS. duties as hereinafter provided. It shall be the duty of the said board to appoin a competent person as State entomologist and plant pathologist, hereinafter c-alle* State entomologist, and such assistants as may be necessary, who shall, actin under the authority of the said board, be charged with and perform such dutie as are hereinafter specified. The board of crop pest commissioners shall froE time to time, after due consideration, prepare a list of such dangerously inju rious insect pest and diseases of plants as may properly, within its judgmen and the judgment of the State entomologist, be controlled or eradicated, an< they shall cause such list to be published, along with particular specificatio] as to the nature and appearance of and the maimer in which the said pests ar generally disseminated. The board of crop pest commissioners shall at th same time provide rules and regulations under which the State entomologis shall proceed to investigate, control, eradicate, and prevent the disseminatioi of the said pests as far as may be possible, and these rules and regulations shal have the full force and effect of law so far as they conform to this act and th general laws of this State and of the United States ; and any person, firm, o corporation who fails or refuses to comply with the order or directions issue* in writing, under regulations provided by the board of crop pest cornmis sioners, shall, upon conviction thereof, be fined in the sum of not less than tei ($10.00) nor more than twenty-five ($25.00) dollars for each such failure o refusal : Provided, That all prosecution under this act shall be by indictmenl presentment, or information in the circuit court of the county or corporatioi court of the city in which the person, firm, or corporation proceeded against i then resident. Sec. 2. The board of crop pest commissioners shall have power to provid quarantine rules and regulations concerning the sale and transportation of al plants or parts of plants, commonly known as nursery stock, within the State They shall also have power to provide like rules and regulations in regard t- all plants or parts of plants, commonly known as nursery stock, entering thi State from without, and these rules and regulations shall be enforced by th- State entomologist or his duly authorized assistants. Sec. 3. It shall be the duty of this board to provide for the annual inspectioi of all nursery stock grown within the State prior to October first of each year by the State entomologist or his assistants, who shall issue a certificate of free dom from insect pests and plant diseases to the owners of all nurseries foun< entitled to the same, and they shall further provide regulations under whicl nursery stock brought into the State may be sold under the above-providei certificates, and in accordance with the further provisions of this act. I shall be unlawful after the promulgation of the rules and regulations provide*! for in this act for any person, persons, corporation, or common carriers to transl port by land or water plants or parts of plants, commonly known as nurser;! stock, in violation of the same, and every such offence shall constitute a mid demeanor, and, upon conviction thereof, the person, persons, firm, or corporal tion, or common carrier so convicted shall be fined in the sum of not lesj than fifty ($50) dollars nor more than one hundred ($100) dollars for eaclH and every violation of this act. Sec. 4. The State entomologist or any of his assistants, or a local inspect®! as hereinafter provided for, shall have power under the rules and regulations o| said board to determine the nature and method of the treatment to which an; 1 infested plants shall be subjected, and he shall report his findings in print o I writing, giving reasons therefor, to the owner of the infested plants, his agent ij or tenants, and a copy of such report shall be submitted to said board, and therjl shall accompany each and every such report specific directions as to the treat j VIRGINIA. 155 ilaent of the infested plants, which directions may be in print or in writing. In I-ase of objection to the findings of the State entomologist, or an assistant or [Bocal inspector, an appeal shall lie to the said board, whose decision shall be Ihnal ; such appeal must be taken within seven days from the receipt of the re- f)ort, and shall act as a stay of proceedings until it is heard and decided. 1 Sec. 5. Upon the receipt of the report of the State entomologist, an assistant, >r local inspector, the treatment prescribed shall be executed at once (unless an Appeal is taken) under the supervision of the local inspector, the cost of material find labor to be borne by the owner of the premises. >j Sec. 6. In case any person, firm, or corporation fail or refuse to execute the Ilirections of the State entomologist, an assistant, or local inspector, or of the tiiaid board after an appeal, the judge of the circuit court of the county or corpo- ration court of the city in which such person, firm, or corporation are then I’esidents shall, upon complaint filed by the State entomologist, or an assistant >r local inspector, or by any freeholder, cite the person, firm, or corporation to jijippear before him at the first regular session of the circuit or corporation court or n vacation, and upon satisfactory evidence- of such failure or refusal shall cause l:he prescribed treatment to be executed, and the expense thereof and cost of [court shall be collected by execution from tlie owner or owners of the infested ■plants, and any judgment of the court entered against any person, persons, firm, ir corporation in any such cause shall be a lien upon all real estate owned in whole or in part by any such person, persons, firm, or corporation. | Sec. 7. The said board of crop pest commissioners, its agents or employees, are hereby empowered with authority to enter upon any premises and to ■examine all plants and trees whatsoever in discharge of the duties herein pre- scribed. Any person, persons, firm, or corporation who shall obstruct or hinder [jthem or their agents in the discharge of their duty shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty | ($20.00) dollars nor more than fifty ($50.00) dollars for each such offence, j Sec. 8. It shall be unlawful to deliver or give away within the boundaries of this State plants or parts of plants commonly known as nursery stock which .have not been duly inspected in accordance with the provision of this act and [carry plainly attached to each car load, box, bail, and package a copy of a ijcertificate as herein provided, except that in case of nursery stock shipped into the State from without, the board of crop pest commissioners shall provide by [regulation for the acceptance of proper certificates from other States, and when so accepted shall issue an official tag designating the fact, and nursery stock [carrying the same may be reshipped under the certificate above provided for. i Each and every violation of this section shall constitute a misdemeanor, and upon conviction thereof every person, persons, firm, or corporation so convicted shall be fined in a sum of not less than twenty-five ($25.00) dollars nor more than fifty ($50.00) dollars. This section shall not be so construed as to affect the action of common carriers in the transportation of nursery stock under the provisions of interstate commerce. Sec. 9. Upon a petition signed by ten freeholders of any city, county, or magisterial district, it shall be the duty of the State entomologist, in person or by an assistant, to make a preliminary investigation of the locality from which the petition is received, to ascertain if any trees or plants be infested with the insect known as the San Jose scale. If, upon such preliminary investigation, it shall appear that the San Jose scale is present in the territory examined, the State entomologist shall appoint a local inspector, and order a full inspection of such city, county, or magisterial district to discover and locate all infested premises ; and the local inspector shall report the results of such further inspec- 156 LAWS AGAINST INJURIOUS INSECTS. tion to the owners of all infested premises, and to the hoard of supervisors o: the said county or the city council of said city, giving the location of all saic infested trees and plants, and the extent of infestation in each case, and mak« specific recommendations in accordance with the instructions furnished him bj the State entomologist, which instructions may he printed or written. Sec. 10. The board of supervisors of any county or city council of any citj in which a local inspector has been appointed shall fix the compensation o: such local inspector, whose pay, however, shall not in any case be less thai one dollar and fifty cents for each day's work, and said local inspector shal file before the said board of supervisors or city council from time to time ai itemized account of the expenses and costs incurred in the performance of his duties, and a statement of the days actually occupied in the performance of th< duties hereinbefore prescribed, and the same shall be allowed him and paid ai other claims against the county or city, not to exceed two hundred and fiftj dollars in any one year. But the board of supervisors of any county or tin council of any city may appropriate any sum in excess of two hundred and fiftj dollars which it may deem proper. The sum appropriated in any year ii excess of the actual requirements of such year shall not be considered as ai appropriation for any subsequent year. Sec. 11. It shall be the duty of the State entomologist, either in person or bj an assistant or local inspector, to supervise and direct the execution of anjj recommendations made under the provisions of section two of this act, and al expenses of treatment, control, and eradication of any infested trees or plant!] shall be borne by the owner of the premises upon which the same are located as provided for in sections four and five of this act. Sec. 12. From and after the first day of September, nineteen hundred ancl three, it shall be unlawful for any person, persons, firm, or corporation, eithe:| for himself or as agent for another, to offer for sale, sell, deliver, or givJ away, within the bounds of this State, any plants or parts of plants commonh ] known as nursery stock, unless such person, persons, firm, or corporation shall have first procured from the auditor of public accounts a certificate of regisl tration, which certificate shall contain such rules and regulations concerning the sale of nursery stock as the board of crop pest commissioners may prel scribe and be approved and countersigned by the State entomologist, wh<| shall have full power and is hereby authorized and required to cancel and with!! draw any certificate upon satisfactory evidence that any of the rules and regu I lations governing the sale of nursery stock within this State have been violatec i by the holder of the same. The auditor of public accounts shall not issue anJ certificate of registration except upon the payment of the sum of twenty dol i lars, and shall forward all certificates to the State entomologist for his ap proval before allowing the same to the party making application therefor, am j all such certificates as may be granted shall expire and become null and voic one year from date of issue thereof, and any person, persons, firm, or corpora?] tion, either for himself or as an agent for another, who shall sell, offer for salejj deliver, or give away any plants or parts of plants commonly known as nursery! stock without having in his possession a certificate of registration as hereiij] provided for, or without exhibiting a copy of the same to each and every person 1 tc whom he shall sell or offer to sell, deliver, or give away any such plants, os parts of plants, shall be deemed guilty of a misdemeanor, and, upon conviction! thereof, shall be punished by a fine of not less than twenty ($20.00) dollar, nor more than one hundred ($100.00) dollars for each such offence. Sec. 13. The auditor of public accounts shall set aside and reserve all money coming into his hands in pursuance of the provisions of section twelve of thi VIRGINIA. 157 let, and shall from time to time draw his warrant for the same in favor of the (>tate entomologist in payment for services and expenses incurred in the inspec- tion of the various nurseries in this State, and the inspection of nursery plants old by agents representing nurseries from without this State. 1 Sec. 14. There is hereby appropriated from any moneys in the State treasury jjiot otherwise appropriated the sum of six thousand ($0,000.00) dollars per linnum for the purpose of defraying the expenses of the execution of this act, ind the auditor of public accounts of the Commonwealth is hereby directed to draw his warrant upon the treasury of the same for this sum or such part ( hereof as may be necessary until the said sum of six thousand ($6,000.00) dol- lars per annum be expended, upon the filing with him of properly itemized vouchers certified by the chairman of said board of crop pest commissioners, rhe said board shall cause to be made a biennial report to the governor of the State, giving in detail its operation and expenditures under this act. 2. The acts of assembly known as the San Jose scale law, approved March ifth, eighteen hundred and ninety-six, and amended and approved February :wenty-eighth, eighteen hundred and ninety-eight, and as further amended by an ict approved March twenty-eighth, nineteen hundred and two, and all other lets and parts of acts inconsistent with this act are hereby repealed. 3. This act shall be in force from its passage. Approved May 9, 1903. Rules and Regulations for the Government of the State Entomologist, Assistants, Local Inspectors, and Employees of the State Board of Crop Pest Commissioners, as Authorized by Act of Assembly Approved May 9, 1903. 1. By virtue of authority conferred by the above-cited act, the following rules and regulations are hereby adopted and promulgated by the State board of crop pest commissioners, and the State entomologist and pathologist and such assistants and local inspectors as may be hereafter appointed are authorized and directed to enforce the same. 2. List of insects and fungous parasites. The following list of insect pests and plant diseases are hereby declared to be dangerously injurious, and it is ordered by this board that they shall hereafter come within the scope of opera- tions under the crop-pest law : Insects. — San Jose scale ( Aspidiotus perniciosus) . Woolly aphis ( Schizo - neura lanigera) , in nurseries only. Fungi. — Crown gall, in nurseries only. Peach yellows. Black knot of plum and cherry (Plowrightia morbosa). Fire blight of pear and apple ( Micro- coccus amylovorus ) in nurseries only. This board reserves the right to alter, amend, and change this list as the exigencies of the work may warrant. 3. Quarantine against diseased nursery stock. It is hereby declared that dating from September 1st, 1903, no person, persons, firm, or corporation owning or operating a nursery within the State of Virginia shall sell, transport, or give away any fruit trees, or other plants commonly known as nursery stock, when infested with the San Jose scale, woolly aphis, crown gall, peach yellows, black knot of the plum and cherry, or fire blight of pear, as specified under section 2 above. 4. Dealing with peach yellows and black knot in orchards. It is hereby de- clared that peach yellows and black knot of plum and cherry are of such a 158 LAWS AGAINST INJURIOUS INSECTS. communicable character that wherever discovered in orchards in this Stat they shall be destroyed or treated within a reasonable time in accordance wit the directions of the State entomologist, assistants, or local inspectors, actin under orders of this board. 5. Infested nursery premises — how dealt with. Any nursery premises with! this State which shall upon inspection prove to be infested with any one o more of the insect pests or plant diseases specified in section 2, shall not b entitled to a certificate of freedom from disease and insect pests until they sha have satisfactorily carried out the directions of the State entomologist or a assistant acting under orders of this board. Every person, persons, firm, or corporation doing business in this State a growers or handlers of nursery stock are hereby notified that they must nc sell, transport, or give away the same unless accompanied by a certificate c inspection from the State entomologist, or an assistant acting under the ordei of this board, declaring the same to be apparently free from San Jose seal and other dangerously injurious insect pests and plant diseases. 6. On the certification of nursery stock from other States. All nursery stoc entering this State from without must be accompanied by a certificate of inspe< tion, satisfactory to the State entomologist, both as to form and the authorit of the person making the same, which certificate shall certify substantially a above required in case of State nurseries. As a guide to transportation con panies, as to whether a certificate is valid or not under this law, the State ent( mologist shall furnish to all nurserymen in other States doing business in thi State, official tags upon request, if the certificate of inspection of the party o parties applying for the same is found to be correct and in proper form, and th said parties shall have procured the State certificate of registration as requirei in section 12 of the act of assembly. These tags shall be charged for at cost. 7. Regulating the transportation of nursery stock. All transportation con panies doing business in this State, both by land and water routes, are hereb notified that on and after September 1st, 1903, they must not, under penaltl prescribed in section 3 of above act, transport plants, commonly known as nui sery stock, within the bounds of this State, to be delivered at any point therein except the same are accompanied by, and have plainly attached thereto, a ceil tificate as provided for in section 8 of these rules, and in case of nursery stocl entering this State from without for delivery in the State, such nursery stocil must carry in addition to the official certificate of the State whence the ship! ment originated, the official tag of the State entomologist of Virginia, as spec! fled in section 6 above. 8. The inspection and certification of nurseries. It shall be the duty of th State entomologist, or an assistant appointed by this board, to inspect all null sery premises in this State at least once each year, and issue to each a certifl cate in proper form if found entitled to the same. On the discovery of anl infected nursery, the State entomologist shall pursue such methods as are necij essary to eradicate the injurious insects and plant diseases specified in section ;| of these rules and regulations, and when accomplished a certificate shall b I issued in due form. Certificates of nursery inspection shall in all cases b signed by the State entomologist, or by an assistant authorized by the board o crop pest commissioners. The State entomologist is hereby authorized to granH special certificates' to dealers in nursery plants, upon satisfactory evidence tba they are handling only properly inspected stock. 9. Resale by nurserymen of certified stock. All nursery stock purchased out side the State and brought into this State for resale by a duly authorized nui seryman may be sold under the official certificate of the State entomologist, o VIRGINIA, 159 hat of an assistant appointed by this board, if the said nursery stock was Purchased under the official tag specified in section 6 of these rules and regula- tions, but this regulation shall not operate to prevent reinspection of all such Itock at the discretion of the State entomologist, and condemnation of the same If found infested with any of the insect pests or plant diseases specified in sec- lion 2 above. l!‘ 10. As to local inspection for the San Jose scale. The State entomologist is niereby directed to furnish to the authorities of each city and county, as promptly is may be, a full statement of the conditions prevailing in the several cities md counties of the State as shown by the records of the State board of crop [best commissioners, in relation to the infestation of orchards and gardens with LiSan Jose scale. And he is also directed to furnish the same statement to all interested individuals in the several cities and counties, of the State who may liipply therefor, to the end that those who are concerned in the protection of the | ! ruit industry from the ravages of this insect pest may take such action under ihe provisions of the crop pest law as they deem necessary. When a sufficient iiiumber of the freeholders of any city, county, or magisterial district petition ; ! or a local inspection as provided for in section 9 of the crop pest law, the jstate entomologist is directed to satisfy himself as to the needs of inspection n the community of which the petitioners are residents, either by making an investigation in person, or by an assistant; or by consultation of the records in ;he office of the crop pest commission, and to proceed, in conjunction with the )roper local authorities and the petitioning freeholders, to execute the law as rully as is practicable. I 11. On the appointment of local inspectors. In the appointment of local inspectors, as provided for in section 9 of the crop pest law, the State entomolo- gist is directed to advise with the local people as to their wishes in this matter, and to satisfy himself that the persons selected for appointment are competent [to execute the work required, in an accurate and proper manner, before issuing 3ommissions to local inspectors. The commissions of local inspectors shall be •signed by the chairman of the board, and countersigned by the secretary ; and they shall be revocable at any time by the State entomologist, when the person holding the same does not appear to be accomplishing the work for which he has been appointed. ! 12. In regard to instruction and duties of local inspectors. The State ento- mologist shall in person, or by an assistant, give such instruction and assistance jto local inspectors as may be necessary, so that they may be enabled to accom- plish their duties in an accurate and expeditious manner ; and he shall provide forms of records to be kept concerning all the premises inspected, and a special form of report concerning each and every premise found to be infested, which records of infested premises shall be made out in duplicate by the local inspector, and one copy filed with the State entomologist and the other filed with the clerk of the city council or the clerk of the board of supervisors of the county, of whatever city or county he may be serving as local inspector. The local inspectors shall, in the manner directed by the State entomologist, tag or mark infested trees and plants so that the same may be readily recognized, but he shall in no wise issue orders concerning the treatment of infested premises until he has submitted the report of the inspection of the same, accompanied by specimens, to the State entomologist, and has received from him a confirmation as to the statements made in his report, and has been directed by the State ento- mologist as to the action that he shall take in regard to any case of infestation. 13. Issuance of recommendations as to treatment of infested plants. Upon the receipt of the reports of local inspectors the State entomologist shall issue at once directions to all those persons having infested premises, specifying pre- 160 LAWS AGAINST INJURIOUS INSECTS. cisely the nature and manner of treatment to be pursued in order to control am eradicate the San Jose scale, and in each and every recommendation particula specifications shall be given as to the materials to be used and the manner cj their application, and a copy of each such recommendation shall be furnish® i the local inspector for his guidance in executing the further directions whicj it may become necessary for the State entomologist to send him. The loca inspectors shall report in full once each week to the State entomologist, am shall report once a month to the city council or the county supervisors of th city or county for which they are appointed, and shall submit a journal sho\*j ing the premises inspected each day, with such general data concerning the sarq j as directed by the State entomologist, and, as above directed, duplicate copie of reports upon each infested premise. Upon vacation of his office by a IoceI inspector for any cause, he shall turn over to the city council or county boaw of supervisors the duplicate copies of all recommendations issued by the Stat! entomologist. 14. Directed to prescribe treatment. The State entomologist is hereby dij rected to prescribe the nature and method of treatment of all plants whatsc ever affected by the insect pests or plant diseases specified in section 2 of thesl regulations, and he is hereby charged with such investigations as to the natur and habits of these insect and fungous parasites, and the remedial measurd therefor, as will enable him to give the best possible service to the people. 15. Appeal from orders in relation to treatment. Any appeal from the order] or directions of an officer acting under this board in dealing with the subject! specified in sections 4, 6, 13, and 14 of these regulations shall be made in wrill ing, and shall be addressed to the secretary of the board within seven day] upon receipt of a written order to destroy or treat plants as specified under sed tions 4, 13, and 14 of these regulations. The person, persons, firm, or corporal tion making an appeal shall be granted a speedy hearing by the board of croil pest commissioners, and accorded every opportunity to introduce material evil dence relating to the facts alleged in the order of the officer requiring the del struction or treatment of plants. 16. In relation to finances. It is hereby ordered by the board of crop pesi commissioners that all disbursements under this act shall be made by the treasi urer upon certified bills as follows : All bills for supplies and merchandise o every description shall be certified to the treasurer by the officer or employe! authorized by the board to make the expenditure in question, presumably b. 1 the State entomologist unless otherwise specified; and all bills for travelling ex| penses either of officers or employees shall be paid by the officer or employed authorized by the board to perform such duties requiring travel, and shall b< repaid to such officer or employee by the treasurer, upon the presentation of ail itemized bill duly certified by the State entomologist and approved by the secrel tary of the board. The State entomologist is hereby directed to collect fron time to time the fees derived under section 12 of the crop pest law, and pay tin i same over to the treasurer of this board, and this officer shall account for sucl J money so received in the same manner as for the appropriation received unde: ' section 14 of this act. Such salaries and compensation for labor as are authorized by the boar( shall be paid by the treasurer on a regular monthly pay roll. Officers or employees making bills for travelling expenses must state therein i For livery hire, the date and points between which the same was used; fo railroad fare, the dates and points between which the trip was made; in hote> bills, the date and time for which paid must be given ; and all items of an inci dental nature must show the service or purpose for which payment was made Adopted May 30, 1903. WASHINGTON. 161 WASHINGTON. \n Act to promote the fruit-growing and horticultural interests of the State of Wash- ington ; to provide for the appointment of a commissioner of horticulture ; to repeal certain laws in conflict therewith, and to provide penalties and punishment for its violation, with the amendments to sections four, five, six, seven, eight, twelve, four- teen, and fifteen, approved March 1G, 1905, by Albert E. Mead, governor. Be it enacted by the legislature of the State of Washington: Section 1. That a commissioner of horticulture shall be appointed by the governor for the State of Washington. It is hereby provided, prior to the ap- lointment, the applicant must furnish a certificate from the faculty of the •ollege of agriculture that he is a skilled horticulturist ; on such certificate the governor may make the appointment. Before entering upon the discharge of lis duties, the said commissioner shall take and subscribe an oath to support :he Constitution of the United States and the constitution and laws of the State of Washington, and to faithfully discharge the duties of his office, which said oath, together with the aforesaid certificate, shall be filed with the secre- tary of state. The said commissioner shall keep his office at Tacoma, which iffice shall be open to the public during normal office hours every day excepting Sunday and legal holidays and days when he may be necessarily absent at- tending to official duties in other parts of his district. Sec. 2. The objects for which said commissioner is appointed are to maintain and exercise a supervisory directory over the horticultural industries of the State, to enforce the laws relative to the importation, transfer, and sale of fruit, fruit trees, plants, or nursery stock within the State, and give such in- structions to fruit culturists regarding cultivation and extermination of fruit pests as the nature of the case may demand. The official term of the said commissioner of horticulture shall begin on the first day of April, 1905, and con- tinue for four years, and until his successor is appointed and qualified. Said commissioner shall receive annually in full consideration for his official services the sum of two thousand dollars, to be paid monthly as other State officers, and for incidental expenses of his office — such as necessary traveling fare, stationery, and postage — the sum of one thousand dollars annually, and for office rent and bulletins one thousand dollars annually. Said sums shall be paid on warrants drawn by the State auditor on the presentation of proper vouchers therefor. The term of the present commissioner of horticulture shall expire April 1, 1905. When from illness or other cause the commissioner of horticulture is temporarily unable to perform his duties, he may appoint some qualified person to discharge the duties of such office until such disability is re- moved. Said appointment shall be in writing, signed by the commissioner of horticulture, and filed in his office. The appointment of such deputy may be revoked by the commissioner of horticulture at will. The commissioner of horticulture shall be responsible for the acts of his deputy : Provided, That no charge or claim shall ever be made against the State or any of its funds for compensation to such deputy. Sec. 3. Said commissioner may be removed from office at any time for cause, such as inefficiency, neglect of duty, or immoral conduct, but no removal from the office of commissioner of horticulture shall be made for political reasons. Vacancies occurring in the office of commissioner during a term shall be filled by the governor making an appointment for the unexpired term, under the rules and regulations as prescribed in section 1 of this act for full-term appointment. Sec. 4 (as amended by act of 1905). Fruit culturists in any county in this State are hereby authorized and empowered to organize into a horticultural 7418 — No. 61 m 11 162 LAWS AGAINST INJURIOUS INSECTS. society, and the better to promote and protect the horticultural interests of the r county, the society will nominate three qualified persons for county inspector of p fruit, fruit trees, orchards, plants, boxes, barrels, and other packages in which l» fruit or fruit trees have been shipped. The nomination shall be made to the I hoard of commissioners (of the county w'hereiu said society is organized), whoj I are hereby authorized and required to appoint such person as county fruit li inspector for a term of two years, deliver to him a certificate of appointment. It and mail a duplicate copy of said certificate to the commissioner of horticulture : Provided, however. That county inspectors shall be required to pass a satis- factory examination before the State horticultural commissioner, or the faculty of the agricultural college, before they are authorized to perform the duties of their office. In counties where no horticultural society exists, the county com- missioner shall select and appoint a suitable person to act as county inspector, and report their action to the commissioner of horticulture for confirmation. All county fruit inspectors shall be entitled to such pay for their services as the board of county commissioners of the county in which their work was performed may direct. Any county inspector shall be removed by the commissioner of horticulture for incompetency, neglect of duty, or other sufficient cause, upon complaint filed with him signed by the proper officers of the horticultural society in the county in which such inspector is sought to be removed : Provided, That no such removal shall be made without giving such inspector a hearing and ten days’ notice of the time and place thereof, such hearing to be had before the commissioner of horticulture. In order to furnish to the office of the commis- sioner of horticulture information regarding the condition of orchards through- out the State, and to determine the compensation of such county inspectors, they shall make monthly reports to the commissioner of horticulture under oath upon blanks furnished by said commissioner. All county fruit inspectors shall make a monthly report to the county commissioners of their county, setting forth the number of days’ w r ork performed and character thereof, and make oath to the correctness of such statement and furnish necessary vouchers upon which the county commissioners shall determine the accuracy of their accounts ; such j monthly report and rendition of account shall be sworn to by the county inspector! before the clerk of the county court. Any county inspector who shall in said report under oath falsely state the number of days’ work he has actually per- formed in any month, shall be deemed guilty of perjury and upon conviction thereof shall be liable to the penalty provided by law therefor. Sec. 5 (as amended by act of 1905). No person, firm, corporation, or tree dealer ■ shall engage or continue in the business of selling as agent, solicitor, or other- 1 wise within the State or importing fruit trees, plants, or nursery stock into the! State without having first obtained a license to carry on such business in this | State, as in this act provided. Sec. 6 (as amended by act of 1905). Any person, firm, corporation, or tree! dealer, agent, or solicitor may obtain a license to engage or continue in the busi- j| ness of selling and importing fruit trees, plants, or nursery stock into this State! by submitting his application therefor to the commissioner of horticulture, to-|j gether with a satisfactory bond of one thousand dollars made in conformity |j with the laws of the State of Washington. All bonds submitted shall be made!] in conformity with the laws of the State of Washington, such bond to be ap-| proved by and filed with the said commissioner, conditioned that the principal and his or their agents will faithfully obey the provisions of this act, the laws ;! of the State of Washington, and that the said principal pays the costs of inspec-jj tion and destruction of all infected nursery stock, or other material or goods)! imported into and sold within such district of this State by said principal, his WASHINGTON. 163 e r their agent. Any person or persons shall have legal recourse against the f jnd for any damages accruing from the sale of or delivery of infected nursery ) :ock. All licenses issued by the commissioner of horticulture shall bear the ame of the solicitor, agent, or salesman and shall not be transferable. Any fiicitor or agent falsely representing any nursery, firm, corporation, or tree ealer shall be deemed guilty of a misdemeanor, and subject to a fine of not less lan fifty nor more than one hundred dollars, and such conviction shall ipso icto work a forfeiture of his license. Any license granted to any person, firm, arporation, or tree dealer shall be suspended in its operation by the commis- ioner of horticulture upon the report of any inspector that said person, firm, arporation, or tree dealer has introduced infected stock into the State of Wash- lgton, and if upon examination by the commissioner such report of the inspector hall be found to be supported by facts, such license shall at once be revoked, 'he license fee for nurserymen and tree dealers shall be five dollars, and for heir agents or salesmen, who shall be furnished an authentic copy, two dollars nd fifty cents. Said money shall be collected by the State horticultural com- lissioner and paid to the treasurer of the State of ‘Washington. All licenses hall expire on the first day of April, 1905, and on the first day of April every econd year thereafter. Sec. 7 (as amended by act of 1905). It shall be the duty of every person, firm, orporation, or tree dealer licensed to do business under this act to notify the Horticultural commissioner of his intention to ship an invoice of fruit trees, dants, or nursery stock from one point to another within the State, or to import in invoice of similar goods from without to any point within the State, whether or the purpose of sale or for personal use. Such notice shall contain the name md address of both consignor and consignee and a descriptive invoice of the roods to be shipped, the freight or express office at which the goods are to be ielivered, and the name or title of the transportation company from which the ‘onsignees received such goods. A copy of such notice shall also be mailed to :he county fruit inspector in the county in which the point of destination is ocated. Such notices shall be mailed not later than the date of such shipment. Upon receipt at destination of any invoice of fruit trees, plants, or nursery dock, it shall be the duty of the freight agent, express agent, or other trans- portation company’s employee having such invoice of fruit trees, plants, or aursery stock in charge to notify the county fruit inspector within whose juris- diction said invoice is received of the receipt of said invoice, naming consignor and consignee, and that said invoice is ready for inspection, notification to be by telegraph or telephone, and to hold said invoice for inspection by the county fruit inspector before delivering said invoice of fruit trees, plants, or nursery stock to the consignee, excepting that said invoice need not be held more than twenty-four hours after notification is made to the county fruit inspector. The said inspection not to be made by the county fruit inspector until the freight, express, or other transportation charges are paid, unless the freight agent, express agent, or other transportation company’s employee in charge of said invoice consents to said inspection being made before said charges are paid. Sec. 8 (as amended by act of 1905). Any person, firm, corporation, or tree dealer who shall sell within this State, or import into this State, any fruit, scions, fruit trees, plants, or nursery stock in violation of the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined for each offense in any sum not less than fifty nor more than one hun- dred dollars. Sec. 9. Any person who shall offer for sale, or solicit persons within this State 164 LAWS AGAINST INJURIOUS INSECTS. to purchase from him, any fruit trees, plants, or nursery stock belonging to any person or firm not licensed under the provisions of this act shall be deemed] guilty of a misdemeanor and fined in any sum not less than fifty dollars nor exceeding one hundred dollars. All fines imposed for the violation of the pron visions of this act shall be paid to the treasurer of the county wherein the viola- tion was committed and be placed to the credit of the general fund of such county. Sec. 10. For the purpose of preventing the introduction and spread of conta- gious diseases, fruit pests, spores, and fungus growth among fruit trees and plants and other nursery stock and for the disinfecting and cure of fruit dis- eases, pests, spores, and fungus growths, the commissioner of horticulture shall prescribe such remedies as he shall deem best, describe and formulate such remedies with their proper mode of application, with such additional instruc- tions as he may deem necessary, into a circular or bulletin, which he shall have printed and distributed to the several county horticultural societies and inspectors of the State. He shall include also in said bulletin the rules andi regulations under which a person, firm, or corporation may lawfully sell, import into this State, and sell or authorize to be sold fruit trees, plants, or nursery stock, and the penalty to be incurred for the violation of these rules. He shall prepare also a poster which shall contain said rules, regulations, and penalties, which shall be distributed with said bulletin. County inspectors are directed to put up such posters in not less than three conspicuous places in their county, one of which places must be in front of the county court-house. The commis- sioner of horticulture shall hear and promptly decide all appeals from the county inspectors, and his decision shall have full force and effect until set aside by the courts of the State. In all cases of appeal he shall disregard technicalities and decide each and every case on its merits. All appeals from county inspectors to commissioners shall be under forms and regulations pre- scribed by the commissioner. The commissioner shall approve or reject all bonds required by law to be submitted to him, and he shall file and safely keep all bonds and other papers by law required to be filed with him, and shall, upon the expiration of his term of office, turn over the same to his successor.; He shall examine all fruit, specimens of fruit trees, shrubbery, or plants sub- mitted to him for examination ; enter the name of the person presenting such specimens of fruit trees, shrubs, or plants for examination, and the result of his examination in a register to be kept by him for that purpose, and send aj copy of such result to the person asking for the examination. He shall from time to time, as he may deem for the best interests of the horticultural indus- tries of the State, publish bulletins which shall be sent free to the various county horticultural societies of the State ; such bulletins to contain a brief resume of the discoveries of science of interest to horticulture, or any other] matter which the commissioner shall deem of importance to such interest. And unless there be urgent or special need therefor no bulletin shall contain any] matter that has appeared in any previous bulletin. Sec. 11. County fruit inspectors who shall be appointed under and by au- thority of this act are hereby authorized, directed, and empowered to enforce!] the provisions of this act to prevent the introduction and spread of fruit tree}] and plant diseases, insect pests, fungi spores, eggs or larvae of insects injurious! to the fruit industries of his county or of this State. Sec. 12 (as amended by act of 1905). Whenever from any cause there shall be;> an absence of an inspector in any county the county commissioners of suclL county shall be notified by the commissioner of horticulture to appoint a county' WASHINGTON. 165 Irruit inspector. And in case of their failure to do so the commissioner of horti- ! Culture shall have power to order an inspector from any adjoining county in iis district to perform the duties required by this act in the county needing the |services of such inspector, and the expense of such inspection shall be charge- able to and paid for by the county in which the said services are rendered in ■the manner hereinbefore provided. Whenever any county fruit inspector re- quires assistance in the discharge of his duties he shall make written applica- tion to the county commissioners for the temporary appointment of an assistant, [stating the length of time for which such assistant will be required, and all [appointments of such assistant shall be left discretionary to the board of county ■commissioners. Assistant county inspectors shall have the same powers to per- ilform the same duties as county inspectors, and such assistant shall be entitled Ito the same compensation and to be paid in the same manner as county [inspectors. Sec. 13. It is hereby made the duty of the county fruit inspector, if, from his [{personal observation, complaint, or other credible information, he has reason to [suspect that any person, company, or corporation has an orchard, tree, or :! nursery of trees, vines, or garden, fruit packing house, storeroom, or that any !| other place or material in his county is infected with or is a repository for ;eggs, larvae, or any noxious insects injurious to fruit and plants, or that any il trees, fruits, or plants are in transit to his county from outside this State or are about to be disseminated or distributed within his county which are known to be or are suspected to be from localities that are infested with any disease or pest injurious or that may become injurious to the fruit interests of his ' county or State. He shall without delay inspect the premises, property, or material so suspected, and if the same is found to be infected as aforesaid, he ; shall notify the owner, his agent, or the person in charge of the same not to remove or allow the removal of such property until the same has been disin- fected, prescribing the manner of disinfection, and shall direct the owner, agent, or person having such property in his charge to treat and disinfect the said premises and property within five days. If any person so notified shall permit the re- moval of or fail to disinfect such property or premises in the manner and in the time prescribed in said notice, the person so notified and failing to disinfect the infected property or premises, or who shall permit the removal of the same prior to disinfection, shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined not less than $50 nor more than $100 and the cost of action in court, which fine and costs shall be a judgment lien upon said premises or property. After the expiration of ten days and a failure on the part of the owner or person in charge to disinfect the said premises or property as aforesaid, then to prevent the spread of insect pests or disease it will be the duty of the county inspector to enter on such premises or property and disin- fect the same. The cost of such disinfection shall be a lien against said property or premises, the payment of which shall be collectible with the costs in any court of this State. Sec. 14 (as amended by act of 1905). Any person or persons who shall bring into the State, have in their possession, or offer for sale or distribute or give away, fruit trees, shrubs, fruit, or other material infested with any kind of insect pest injurious to fruit, fruit trees, or plants shall be guilty of a misde- meanor, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than sixty days nor more than one year : Provided , That for each repeated offense the person or persons convicted may be pun- 166 LAWS AGAINST INJURIOUS INSECTS. ished by a fine of not less than two hundred dollars nor more than eight hui dred dollars, or by imprisonment not to exceed two years. Any person or pe sons who shall sell, offer for sale, distribute, or give away any tree or tree root or roots, grass, cuttings, or scions infected with insect pests, spores, c fungus growth shall be deemed guilty of a misdemeanor, and, on convictio thereof, shall be punished by a fine of not less than fifty dollars nor more tha two hundred dollars, or by imprisonment in the county jail not less than fiftee days nor more than thirty days. A repetition of the offense shall subject tb offender to increased penalty not over the maximum above stated. Any nurser trees, shrubs, or plants which have been shipped from and to any place withi the State for distribution or for planting and which are infected with an injurious insect, larvae, or fungus growth shall be disinfected under the dire< tion of the inspector of the county where such trees and plants are taken, an the cost of such disinfection shall be charged to the owner of said articles an shall be a lien on such trees, shrubs, or plants until paid, and the person i possession of such articles being held subject to lien shall have a legitimat claim against the party from whom he received the articles for reimbursemen of costs, including cost of collection, and shall have recourse against the bon of the person furnishing the articles, and such claim may be enforced in an court of competent jurisdiction of the State. That any agent, tree dealer, o salesman who shall solicit orders for fruit trees or nursery stock shall leav with the person giving such order a duplicate of the same, and attach theret a certificate to be signed by such salesman or agent, naming the nursery froi which such nursery stock will be supplied and its location. Sec. 15 (as amended by act of 1905). The county fruit inspector shall, in th> performance of his duties as such inspector, have on any day except Sunda; free access to orchards, nurseries, gardens, hop fields, packing houses, frui sheds, and storerooms where fruit may be kept ; fruit boxes, full or empty, o any other material or place suspected of being infected with insect pests o; diseases injurious to the fruit interest of the State. If he find any nursery orchard, garden, or other place or material infected with insects or fungu: growth, larvae, or spores injurious to the fruit interests, he shall forthwitl notify in writing the owners, occupants, or persons in possession thereof that th< same is infected, prohibit their removal, and direct the manner in which th< same shall be disinfected. If the owner, occupant, or person in possession o: said orchard, garden, storeroom, fruit stand, or other place, or infected mate rial shall not within ten days disinfect the same in the manner by the countj inspector provided or shall not have appealed from the decision of the countj inspector to the commissioner of horticulture, if the premises infected be ar orchard, or nursery of fruit trees, a garden, fruit stand, or storeroom, and tin person or persons in charge thereof have neglected or refused to disinfect th< said premises within the time specified in said notice nor have appealed as afore said, then the county inspector shall enter on and disinfect part or all of saic premises so neglected, and the cost thereof shall be a legimate [legitimate] charge and lien, with interest until paid, upon the real property of the owner ol such premises so disinfected ; such lien shall be collectible with costs in suit] m any of the courts of the State as other lawful claims are collectible. If tha infected property be transportable material, the county inspector shall notify! the person in charge thereof not to remove the same and to disinfect the sarnei within twenty-four hours and describe the manner of disinfection. If tha person in charge of said infected material neglect or refuse to disinfect thei same as notified or fail to appeal, then the inspector shall destroy such infectedj WASHINGTON. 167 m material or fruits, fruit boxes, baskets, wrappings, portable fruit stands by i turning the same. If an appeal be taken, the inspector shall, after twenty-four ■ Liours’ notice take immediate possession of such movable property and safely 0 keep them until the appeal be decided. If the decision of the commissioners >i be in favor of the appellant, the property shall be returned to him ; on an ii adverse decision the property must be destroyed by the inspector. All appeals 1 from the action or demand of the county inspector shall be taken to the State i commissioner of horticulture. That no county fruit inspector shall act as solic- Jitor or agent for the sale or distribution of any nursery stock, supplies, or machinery for use in orchards, nor engage in the purchase or marking of fruit from any orchard save his own. When satisfactory evidence that any county fruit inspector has violated the provisions of this section, the horticultural commissioner shall remove such inspector and report the removal to the county commissioners of his (the inspector’s) county. Sec. 16. The said commissioner of horticulture shall be allowed seven hundred dollars ($700) per annum for the employment of one office clerk, who shall be continually in the office of the commissioner during normal office hours, and whose salary shall be paid monthly. Sec. 17. There shall be kept and maintained in the office of the commissioner in the city of Tacoma an exhibit of the fruits of the State of Washington, and for the maintenance of such exhibit an annual appropriation of three hundred dollars ($300) per annum is hereby made, to be paid out upon warrants drawn by the State auditor upon the presentation of proper vouchers. Sec. 18. An annual “ inspector’s institute ” shall be held during the month of January at the agricultural college at Pullman. The commissioner of horticulture shall fix the date of convening of such institute and by written notices direct the attendance of all county inspectors. The commissioner shall preside over and formulate the proceedings of the institute, which shall con- tinue for four days. As the purpose of these institutes is improvement and conference and study of insects, of experimentation by the scientist of the col- lege along entomologist and horticultural lines, it is required that all county in- spectors shall attend such institute meetings unless prevented by illness. Fail- ure to attend on the part of any inspector shall work a forfeiture of his office, and it shall be the duty of the commissioner to inform county commissioners of the absence of their inspectors. Inspectors attending institutes shall be allowed their actual traveling expenses and hotel bills on vouchers endorsed by the commissioner or chairman of institute, said expenses to be paid by the respective counties. Sec. 19. Any person offering any hindrance to the carrying out of this act or in any manner preventing or hindering any inspection herein provided for shall, upon conviction, be fined not less than twenty-five dollars nor more than two hundred dollars, together with the costs. Sec. 20. [Refers to appropriation.] Sec. 21. A certain act approved March 17, 1897, and entitled “An act to pro- mote and protect the fruit-growing and horticultural interests of the State of Washington, to provide for the appointment of commissioner of horticulture and to repeal certain laws in conflict therewith,” and all other laws or parts of laws inconsistent with or in conflict with the provisions of this act, are hereby repealed. Sec. 22. An emergency exists, and this act shall take effect and be in force from and after its approval by the governor. 168 LAWS AGAINST INJURIOUS INSECTS. WEST VIRGINIA. Chapter 33, Acts of 1901. An Act to prevent the introduction and spread of the San Jose scale and other danger ous insects and dangerously contagious diseases affecting trees, shrubs, vines plants and fruits. Be it enacted by the legislature of West Virginia: 1. That the director of the West Virginia agricultural experiment station, im mediately on the taking effect of this act, shall appoint a competent person oi persons who shall, under the direction of the said director, perform the duties hereinafter provided. Sec. 2 (as amended by chapter 49, Laws of 1903). It shall be the duty of the director, either in person or through his assistants, to seek out and devise means of suppressing and eradicating throughout the State the San Jose scale and other dangerous insects, and tree, shrub, vine, or plant diseases. Black knot and peach yellows are hereby declared to be dangerous within the meaning of this act, and trees, shrubs, vines, or plants affected with either of these dis- eases shall be subject to its provisions. The mention of San Jose scale, peach yellows, and black knot, in this section, shall not be held to exclude other! insects or diseases, which may be found to be dangerous, from the provisions ofl this act. Said director in person, or through his assistants, shall examine oncel in each year, not later than September fifteenth, all nurseries in the State of West Virginia, as to whether they are infested with San Jose scale or other dangerous insects, or infected with dangerous contagious tree, vine, shrub, or plant diseases; and if upon inspection such nurseries appear to be free from such insects or diseases, the director shall give each owner of such nursery or nurseries a certificate to the facts. Nurserymen must furnish transportation to and from railway station and facilities for reaching their growing stock to such person or assistant selected by the director to make said inspection. This certificate shall be void after September fifteenth of the year following. A duplicate of each certificate, together with a statement of amount received there- for, shall be filed by said person or assistant with said director within ten days of its issue, and neglect to file such duplicate of certificate and statement shall be treated as a misdemeanor. If any dangerously injurious insects or infectious diseases are found on the premises of any nursery or nursery stockS the director may order and enforce such treatment of said nursery stock as he may deem sufficient, in addition to a thorough inspection, before granting a cer-H tificate. Whenever a nurseryman, or any person shall ship or deliver within this State, | except for scientific purposes, trees, shrubs, plants, or other nursery stock, he| shall place upon each carload, box, bale, or package a copy of a certificate, the II original of which is signed by a State or Government inspector, stating that such jj stock has been inspected and has been found apparently free from dangerous H insects and dangerously contagious tree, shrub, vine, and plant diseases. The H illegal use of said certificates by changing, defacing, or placing it on unin- 1 spected stock, or using the same after date of expiration or revocation, shall ■ I render the owner or shipper liable to the penalty prescribed for a violation of | this act. No person growing for sale any trees, shrubs, vines, or plants, shall deliver the same without applying to the director for the certificate provided for in this act. No person growing for sale, or having in his possession with intent to sell, , any trees, shrubs, vines, or plants, shall deliver the same before having thor- WEST VIRGINIA. 169 glily fumigated the same according to rules prescribed by said director or lier State and Government inspector. Sec. 3 (as amended by chapter 49, laws of 1903). It shall further be the ity of said director, through his assistants, to cause the examination of all chards, gardens, and other premises, either public or private, which they shall !s ’ ve reason to suppose to be infested or infected with any dangerously inju- )us insects or infectious diseases liable to spread or to be conveyed to other emises, and for this purpose said director and his assistants are authorized, ms iring reasonable business hours, to enter into or upon any farm, orchard, nurs- ory, garden, storehouse, or other building or place used for growing, storing, eking, or -sale of nursery and other horticultural products. If said director his assistants shall find on inspection, as aforesaid, that any nursery, or- k ard, garden, or other property or place is infested or infected with such dan- ise rously injurious insects or infectious diseases, liable to spread or to be con- ile yed to other premises, to the serious injury of the property thereon, the same ck all be declared a public nuisance ; and he shall notify, in writing, the owner tig persons in charge of such infested or infected property, and shall direct him, is- ithin a time and in a manner prescribed in such notice, to use such means as it tall prevent the conveyance or spread of such insects or diseases to the prop- er ty of others ; and such infested or infected property must not be removed of om the premises after the owner or person in charge of the same shall have ce ;en notified, as aforesaid, without the written permission of said director or of s assistants. If the person so notified shall refuse or neglect to treat and or sinfect said premises or property, in the manner and within the time pre- )r ribed, it shall be the duty of the director to cause such premises or property ni be so treated, and they shall certify to the owner or person in charge of such >r 'emises the cost of the treatment. If said sum is not paid to them within n xty days thereafter the same may be recovered, together with the cost of 0 ;tion, before any court in the State having competent jurisdiction. is Any tree, plant, shrub, et cetera, which may, in the judgment of the director 1 * his assistants, be so badly infested or infected as to render expense of treat- i- ent unjustifiable, shall be declared a public nuisance, and may be destroyed a ! 7 them or their assistants without liability for compensation to the owner t lereof. Right of appeal from the decision or requirements of the assistants r ay be made to the said director within three days after notice of such decision i r requirements has been served, and the decision of the director shall be final. M Sec. 4 (as amended by chapter 49, Laws of 1903). Every package of trees, - prubs, vines, or plants shipped into this State from any other State, Territory, Duntry, or province, shall be plainly labelled on the outside with the names of . pe consignor and consignee, and a certificate showing that the contents have 1 een inspected by a State or Government officer, and that the trees, shrubs, 1 ines, or plants therein contained have been fumigated, according to rules pre- i bribed by the State or Government officer, and appear to be free from all dan- ; erous insects and dangerously infectious diseases. If any trees, shrubs, vines, 1 |r plants are shipped into this State without such certificate plainly affixed on be outside of the package, box, or car containing the same, the consignee hereof shall not receive, use, or distribute the same until the consignor shall ave affixed thereto the certificate of inspection required by this act. When ursery stock is shipped into this State accompanied by a certificate, as herein rovided, it shall be held prima facie evidence of the facts therein stated. But he director or his assistants, when they have reason to believe that any such tock is infested or infected, as heretobefore described, shall be authorized to nspect the same. In case such stock is found to be infested or infected by any 170 LAWS AGAINST INJURIOUS INSECTS. of the aforesaid insects or plant diseases, such stock shall be held subject ft order of shipper, not to exceed ten days, before being declared a public n j sance and destroyed. All expenses incurred by the director or his assistants i carrying out the provisions of this act shall be paid out of the funds appi f priated by this act. Sec. 5. Any person violating or neglecting to carry out the provisions of tl t act, or offering any hindrance to the carrying out of this act, shall be adjudg 9 guilty of a misdemeanor, and upon conviction before any justice of the pea | shall be fined not less than ten dollars and not more than one hundred dolla for each and every offense, together with all the costs of the prosecution, a shall stand committed until the same is paid. It shall be the duty of the pros outing attorney to prosecute all violations of this act and all amounts so recc ered shall be paid over into the State .treasury. Sec. 0. The director shall make an annual report to the governor of the State L copy of which shall be sent to the West Virginia Horticultural Society at i k annual meetings, showing the number of nurseries inspected, the number » certificates issued, the number of trees treated or disinfected by them or the assistants, the kinds and amount of property destroyed by them in pursuan of this act, and such other facts concerning the operation of their office und this act as the said director may deem necessary. Sec. 7. The provisions of this act shall not apply to florists’ greenhouse plani bulbs, flowers, and cuttings commonly known as greenhouse stock. Sec. 8 (as amended by chapter 49, laws of 1903). The said assistants shi make to said director an itemized statement of their expenses and the amoun paid for such assistants employed in prosecuting the work under this act, whic when certified by the said director, shall be paid out of the State treasu: upon the warrant of the auditor of the State. Sec. 9. [Makes appropriations for year 1901.] Sec. 10. The act heretofore passed at the present session of the legislature hereby repealed. Passed by the legislature of West Virginia, February 16, 1901, and becan effective ninety days from its passage. Chapter 61 of the Acts of 1905. An Act to amend and reenact chapter 48 of the acts of 1903, relating to the sale of fri trees, vines, and shrubbery, and to add thereto sections 3 and 4. Be it enacted by the legislature of West Virginia: 1. That chapter forty-eight of the acts of nineteen hundred and three 1 amended and reenacted so as to read as follows : Section 1 . That every dealer in and grower of fruit trees, vines, and sliru bery, whether in or out of this State, who employs traveling salesmen or agen for the sale of fruit trees, vines, or shrubbery in this State shall, before he authorized to do business, take out a license in some county in this State, sail license to be issued by the assessor in like manner as other licenses, and he sha pay to the sheriff of the county wherein said license is issued the license fe' which is hereby fixed at ten dollars per annum. Every such dealer or growel as hereinbefore mentioned, whether such dealer be an individual, firm, or corp< ration, shall file with the clerk of the county court in each county where sue individual has traveling salesmen or agents a list of all agents or traveling sale;? men in said county representing such dealer or grower, which list when file shall be open to public inspection. WISCONSIN. 171 Sec. 2. No person shall act as agent or traveling salesmen in this State for v firm, person, or corporation engaged in growing, selling, or handling fruit es, vines, or shrubbery until such firm, person, or corporation shall have corn- ed with all the provisions of the foregoing section and taken out the license some county of this State therein provided for. Any person violating this ‘tion shall be guilty of a misdemeanor, and fined not less than twenty-five dol- •s nor more than one hundred dollars upon conviction, and may be confined in 1 not to exceed six months, in the discretion of the judge or justice before lorn the case is tried. The license hereinbefore provided for shall authorize ch person to transact business in any county of the State upon the filing of e lists of agents or traveling salesmen employed therein, together with a cer- ied copy of the license with the clerk of the county court. Every person act- y as agent or traveling salesman for any person, firm, or corporation engaged ’growing or selling fruit trees, vines, or shrubbery shall take from his em- 3 yer a certificate showing that he is the authorized agent or salesman of such rson, firm, or corporation, and shall exhibit the same to any person who de- ands to see said certificate, and any person who fails to do so, before acting salesman or agent for any person, firm, or corportion engaged in growing or lling any fruit trees, vines, or shrubbery, shall be guilty of a misdemeanor, id be fined ten dollars upon conviction. Sec. 3. Any person, firm, or corporation that shall label any trees or vines any lse or fictitious name or variety, or who shall substitute, without the permis- an of the purchaser, trees from any nursery other than the one wherein it was presented the stock sold was grown, shall be deemed guilty of a misdemeanor, id upon conviction fined not less than twenty-five dollars nor more than two mdred dollars, and shall, in addition thereto, forfeit the license held and shall lereafter be precluded from doing business in this State. Sec. 4. If any person acting as agent or traveling salesman for any person, rm , or corporation sell any trees, vines, or shrubbery upon a certificate of $ncy, and afterward, without the consent of the purchaser, procure them of ; ad supply them from the nursery of some person or place other than that such j^ent or salesman professed to represent, he shall be deemed guilty of a mis- ameanor and fined not less than twenty-five dollars nor more than one hundred I Dllars. WISCONSIN. Chapter 180. N act to prevent the introduction or spread of San Jose scale and other injurious insect and fungus diseases, and making an appropriation therefor. The people of the State of Wisconsin, represented in senate and assembly, do \\nact as follows: Section 1. The director of the agricultural experiment station of the Uni- ersity of Wisconsin is hereby authorized to inspect, through his agent, any fiursery or any fruit or garden plantation or any unplanted or heeled-in nurs- ry stock in this State that he has reason to suspect is infested by San Jose cale or other injurious insects and fungus diseases, and for this purpose his igent shall have free access to and egress from any field, garden, packing Ground, building, cellar, or other place where the duties of carrying out the )rovisions of this act shall call him, and any person attempting to hinder such nspection by misrepresentation or otherwise shall be liable to the payment of i penalty or forfeiture as hereinafter provided. 172 LAWS AGAINST INJURIOUS INSECTS. Sec. 2. In case the agent of the said director shall find present on any nurse t* premises, or packing ground, or in any cellar or building used for the stora f of nursery stock, or on any fruit or garden plantation any of the aforess i San Jose scale or other injurious insects and fungus diseases he shall notify t owner, or the person having charge of such premises for the owner, in writii to that effect, and if such owner, after receiving such notice, shall ship deliver any trees, vines, shrubs, or plants affected by such San Jose scale other injurious insects and fungus diseases he shall be subject to the payme of a penalty or forfeiture as hereinafter provided. Sec. 3. Whenever any trees, shrubs, plants, or vines are shipped into tl State from another State, country, or province without a certificate plain fixed on the outside of the package, box, or car containing the same, showii that the contents had been inspected by a duly appointed State or Governme officer, and that they appear free from San Jose scale and other injurio insects and fungus diseases, the fact must he promptly reported to the sa director by the railway, express, or steamboat company or other persons ca lying the same, with the statement of the source whence such articles cam and the party to whom they are addressed; and any railway, steamboat, < express company or person who shall violate the provisions of this section sha be subject to the payment of a penalty or forfeiture as hereinafter provided. Sec. 4. Any person growing or offering for sale in this State any nursei stock that is known to be infected with San Jose scale or other injurioi insects and fungus diseases shall, upon demand of the said director, furnis within twenty days a list of all persons, as far as to him known, to whom 1 has sold or delivered any such stock, together with the post-office address < each of such persons, so far as to him known ; such information shall be pr served and be for the sole use of the said director and his agent in carryiE out the provisions of this act. And any person violating the provisions of th section shall be liable .to the payment of a penalty or forfeiture as hereinaffc provided. Sec. 5. The said director shall cause to be issued to the owner of any nurser m this State, after the nursery stock therein has been properly inspected an found to be apparently free from San Jose scale or other injurious insects an fungus diseases, an official certificate to that effect, good for a period not t exceed one year, upon a payment to the said director the sum of five dollai for each ten acres of land owned or leased by such nurseryman in this Staf that is devoted wholly or in part to nursery stock, grown for sale purposes, an; such owner may apply to said director for inspection of his premises for th purposes of securing such certificate, and the said director shall cause sue inspection to be made within three months after receiving the applicatioi unless such inspection shall be delayed by winter weather, but no such certif cate shall be issued covering only a part of the nursery stock owned by on] person, nor to cover nursery stock received after such inspection was made! and any such certificate may be cancelled by the said director upon the disj co very in such nursery of the San Jose scale or other injurious insects and funj gus diseases. Sec. 6. Any nurseryman holding a valid certificate, issued as prescribed ill section 5 of this act, may apply to the said director for official labels or tag* for which the said director may charge a sum not to exceed thirty cents pel ! hundred, which labels or tags shall certify that the packages or bundles o nursery stock to which they are attached are from nursery stock that has beeij officially inspected and found apparently free from San Jose scale or othe'! injurious insects and fungus diseases ; but no such tags or labels shall be usei WYOMING. 173 m stock not covered by the aforesaid certificate nor after such certificate has a pired or been cancelled ; and no person shall attempt to imitate or counterfeit a ih tags or labels. Any person violating the provisions of this section shall be ble to the payment of a penalty or forfeiture as hereinafter provided. Sec. 7. In case any person shall violate any of the provisions of this act, he ill be liable for the payment of a penalty or forfeiture of not less than twenty- e dollars nor more than one hundred dollars for each and every such viola- •n. Such penalty or forfeiture may be sued for and recovered in a civil tion, as provided in chapter 142 of Sanborn & Berryman’s annotated statutes. Sec. 8. The director of the experiment station shall make a report to the ^retary of state on the last week day of May of each year of all operations rried out under the provisions of this act, and shall turn over all moneys ceived by him or by his agents in carrying out its provisions to the State iasurer, to be by him credited to the general fund. Sec. 9. The director’s agent shall be compensated for time actually and neces- rily expended in carrying out the provisions of this act, but such compensa- >n shall in no case exceed three dollars per diem and necessary traveling ex- nses, but the said director of the experiment station shall receive no com- nsation for carrying out the provisions of this act. Sec. 10. All expenses incurred under the provisions of this act shall be ap- oved by the director of the experiment station and be audited by the secre- ry of state, and the secretary of state shall draw his warrant for the same )on the State treasurer, who shall pay the same out of the general fund, and r this purpose the sum of three hundred dollars, or as much thereof as may • necessary, is hereby annually appropriated. Sec. 11. This act shall take effect and be in force from and after June first, p- Approved April 14, 1890. WYOMING. Chapter 50. In Act to create the Wyoming State hoard of horticulture, to prescribe its powers and duties, and to appropriate money therefor. Be it enacted by the legislature of the State of Wyoming: Section 1. There is hereby created a State board of horticulture, to consist If six (6) members, four of whom shall be appointed by the governor, one from lach of the horticultural districts that are hereby created, the professor of otany and zoology of the State University and the State executive shall be x officio members. Sec. 2. The State shall be divided into four horticultural districts, whose oundaries shall be the same as the boundaries of the water districts of the tate. Sec. 3. The members shall reside in the district for which they are appointed, 'hey shall be selected with reference to their study of and practical experience a horticultural and the industries dependent thereon. They shall hold office )r a term of four years, and until their successors are appointed and qualified : Provided, however, That two of the board first appointed (to be determined by □t) shall retire at the expiration of two years. All vacancies in the board shall e filled by appointment of the governor, and shali be for the unexpired term. Sec. 4. The board is authorized to employ a secretary and prescribe his duties, vho shall hold his appointment at the pleasure of the board. Before entering 174 LAWS AGAINST INJUKIOUS INSECTS. upon the discharge of his duties each member and employee of the board sh* take and subscribe to the oath of office, which said oath shall he filed with t secretary of state. Sec. 5. The board may call together and hold, in conjunction with hortici tural societies, public meetings of those interested in horticulture and kindn pursuits, and may select books, pamphlets, and other documents containii information relating to horticulture; to collect statistics and general inform tion showing the actual condition of horticulture in this State and elsewhei and may publish and distribute such proceeding and information as in i judgment may seem proper, provided the sum so expended shall not exceed tl sum of $200.00 per annum. Sec. 6. The office of the board shall be located at such place as a majori thereof may determine, and shall be in charge of the secretary during tl absence of the board. Sec. 7. For the purpose of preventing the spread of contagious diseasi among fruit and fruit trees, and for the prevention, treatment, cure, and exti pation of fruit pests, and diseases of fruits and fruit trees, and for the disi fection of grafts, scions, and orchard debris, empty fruit boxes and package and other suspected material or transportable articles dangerous to orchard fruit, and fruit trees, said board may prescribe regulations for the inspectio disinfection, or destruction thereof, which regulation shall be circulated i printed form by the board among fruit growers and fruit dealers of the Stat and shall be published at least ten days in two horticultural papers of gener: circulation in the State, and shall be posted in three or more conspicuoi places in each county in the State, one of which shall be at the county cour house thereof. Sec. 8. The said board shall select from their own number, or appoint fro without their number, to hold office at the pleasure of the board, one competei person in each district, to be known as, and act as, inspector of fruit pest Said inspectors shall be selected with reference to their study and practic; experience in horticulture. It shall be the duty of the inspectors to visit tl nurseries, orchards, store packing houses, warehouses, and other places whei horticultural products and fruits are kept and handled within their respecthl districts, and see that the regulations of the State board of horticulture to prJ vent the spread of fruit pests and diseases of trees and plants, and the disiil fection of fruits, trees, plants, grafts, scions, orchard debris, empty fruit boxel and other material shall be fully carried out and complied with. Said ii spectors shall have free access, at all times, to all premises where any tree; plants, fruits, or horticultural products or supplies are kept or handled, an shall have full power to enforce the rules and regulations of the State board c horticulture, and to order the destruction, spraying, and disinfection of anl or all trees, plants, fruits, pits, or horticultural products or supplies found tl be infected with any diseases as prescribed or designated by said board. Sec. 9. It shall be the duty of every person or persons, corporation or corpora lions, who shall sell or deliver to any person or persons, corporation or corponl lions, any trees, plants, vines, scions, grafts, or pits, to notify the inspectol of said district wherein such trees, plants, vines, et cetera, are to be deliverel at least five days before said goods are to be delivered, giving the date and nufl sery or railroad station where said trees, plants, scions, etc., are to be deliverer together with the name of the party or parties who are to receive the sainl It shall be the duty of the inspector receiving said notice to inspect the sail trees, plants, grafts, etc., as soon thereafter as practicable, and at the poiri where the same are to be delivered, and if the same be found free from any anl all diseases or pests as designated by said State board of horticulture he sha; WYOMING. 175 a *ertify and attach such certificate to each lot or bill of such list of said grafts, \ >ns, plants, or vines so inspected. But if any of the trees, grafts, scions, vines, plants so inspected shall be found to be diseased or infested with any of the ii ts as prescribed by said board, then the inspector shall order the disinfection e destruction of such trees, grafts, scions, vines, etc., so diseased or infected, a ether with all boxes, wrapping, or packing pertaining thereto. ■ !ec. 10. If any person or persons in charge or control of any nurseries, or- •i rd, storeroom, packing house, or other place where horticultural products or t iplies are handled or kept, shall fail or refuse to comply with the rules and i illations of the said board of horticulture of this State or shall fail or refuse disinfect or destroy any diseased or infected trees, plants, vines, scions, t fts, shrubs, or other horticultural supplies or products, when ordered to do so i the inspector of such district, he shall be deemed guilty of misdemeanor, 1, upon conviction thereof, shall be fined in any sum not less than twenty >lars ($20.00) nor more than two hundred dollars ($200.00). i Sec. 11. It shall be the duty of every owner or manager of orchards, nur- l ies, storerooms, packing houses, or other place where horticultural supplies p kept or handled which shall become diseased or infected with any injurious j ect or pest, to immediately upon the discovery of the existence of such i ease or pest, to notify the inspector of said district of the existence of ,ne. It shall be the duty of such owner or manager, at his own proper ex- lise, to comply with and carry out all the instructions of said inspector for L eradication of said pest or disease. Any person who shall fail or refuse | comply with the instructions of said inspector, for the eradication of any (ease or pest, shall be deemed guilty of misdemeanor, and, upon conviction nreof, shall be fined in any sum not less than twenty dollars ($20.00) nor more jin two hundred dollars ($200.00). Sec. 12. If any person or persons, corporation or corporations shall fail or 'use to forthwith comply with the instructions of said inspector for the eradi- :ion of any disease or pest, said inspector shall proceed forthwith to eradicate j d disease or pest and the expense of the same shall become a charge and lien ,on the property of said owner. (Sec. 13. Every person who for himself or as an agent for any person or per- ils, corporation or corporations, transportation company or common carrier .all deliver or turn over to any person or persons, corporation or corporations y trees, vines, shrubs, nursery stock, scions, grafts, or pits without first having Itached the inspector’s certificate, as provided in section 9, this act, shall be erned guilty of misdemeanor and, upon conviction thereof, shall be fined in y sum not less than twenty dollars ($20.00) nor more than two hundred ; liars ($200.00). Sec. 14. No person or persons, corporation or corporations shall be liable to y other person or persons, corporation or corporations for any damage to the ies, vines, shrubs, nursery stock, scions, or grafts by reason of the same being Id to await the certificate of the inspector, as provided in section 9 of this act. Sec. 15. The inspectors of fruit pests, appointed or elected by said board, shall ceive as compensations for their services such sums as the board may regu- te, provided that it is not to exceed five dollars ($5.00) per day for the time tually employed. The members of said board shall receive no compensation r their services except actual expenses paid out. The secretary of said board all receive such sum for his services as the board may designate. Sec. 16. All bills for expenditures under this act shall be audited and passed >on by said board of horticulture, and if found legal and just shall be allowed, object to the approval of the State examiner, and a warrant shall be drawn 176 LAWS AGAINST INJURIOUS INSECTS. therefor upon the auditor of the State of Wyoming, who shall draw his w j rant upon the State treasurer therefor. Sec. 17. It shall be the duty of the secretary to attend all meetings of hoard and procure records of the proceedings and correspondence, to coll l hooks, pamphlets, periodicals, and other documents containing valuable ini mation relating to horticulture, and to preserve the same ; to collect statist i and other information showing the actual condition and progress of horticult 1 L in this State and elsewhere : to correspond with agricultural and horticultu L societies, colleges, and schools of agriculture and horticulture, and other pers and bodies as may be directed by the board, and prepare, as required by board, reports for publication ; he shall also act assistant to and obey directions of the inspectors of fruit pests, under the direction of the board. Sec. 18. The board shall biennially, in the month of January, report to legislature a statement of its doings and abstracts of the reports of the inspe ors of fruit pests and of the secretary. Sec. 19. There is hereby appropriated for the use of the State board of h ticulture, as set forth in this act, out of the money in the State treasury ] otherwise appropriated, the sum of three thousand dollars ($3,000.00), or much thereof as may be necessary. For the year commencing March, 19 fifteen hundred dollars ($1,500.00), or as much thereof as may be necessary the year commencing March 1st, 1900. Sec. 20. All sums of moneys collected as fines for violations of any of the p visions of this act shall be turned into the State treasury for use in defrayi the expenses of the board hereby created, and the appropriations hereby rm shall be paid out of the fund to the extent of the money therein contained. Sec. 21. No person, firm, or corporation shall engage or continue in the bu ness of selling within the State, or importing fruit trees, plants, or nursd stock into the State without first having obtained a license to do business in d State, as in this act provided. Sec. 22. Any person, firm, or corporation may obtain a license to engage the business of selling fruit trees, plants, or nursery stock in this State upl the payment of the sum of twenty-five dollars ($25.00) and by filing with t| secretary of the State board of horticulture bonds for securities in the sum five hundred dollars ($500.00) conditioned that the principal will faithful obey the law of the State of Wyoming and that said principal will pay the cd of fumigation of all nursery stock or other materials or goods imported into I sold within the State by the said principal or principals or his or their agel and the expense of destruction of any infected nursery stock. Licenses grant! under this act shall be for a period of two years : Provided, however, Ttl such license may be revoked at any time for any violation of this act at t| discretion of the board. Sec. 23. Any person or persons, corporation or corporations, transportatil companies or common carriers violating any of the provisions of this act shall I deemed guilty of a misdemeanor and fined in the sum of not less than twenl dollars ($20.00) nor more than two hundred dollars ($200.00). Sec. 24. This act shall take effect and be in force from and after its passaJ Approved February 15, 1905. Regulations. 1. It shall be the duty of all persons or corporations engaged in the growi of nursery stock in the State of Wyoming, for sale or distribution, to notify t secretary of the board of their purpose to engage in said business. I'he secreta WYOMING. 177 1 ill then each year, between the fifteenth day of July and the fifteenth day of ptember (at his convenience) carefully inspect all the nursery stock of said 1 'sons, firms, or corporations, and if said stock is found apparently free from \ n Jose scale and all other seriously dangerous insects and diseases, shall issue I ?nse without cost and a certificate of inspection authorizing the owner or II ners thereof to dispose of and distribute the same at any time prior to the 11 it day of July of the next succeeding year. Inspection shall be without cost to the owners of such premises and nursery >ck, unless it be found that said stock be so infested or diseased as to require s infection, fumigation, or other treatment, or the destruction of the stock, in lich case the directions of the inspector shall be carried out by the owner at 3 own cost, as contemplated by the act authorizing these regulations. 2. No person or corporation, either within or without the State, shall deliver or ip out from his nursery or place of business, for delivery within Wyoming, irsery stock of any kind contemplated by this act which does not have attached a plain sight) to the stock or the bundle in which it is contained the author- ed shipping tag of the board, certified by the fac simile signature of the cretary, 3. All persons, firms, or corporations complying with sec. 22 of this act shall, addition thereto, file with the secretary a certified certificate showing that the ock from which it is proposed to ship into Wyoming has been inspected by the •oper State, district, or county official of the State in which such person, firm, • corporation is located, and that it has been found apparently free from San >se scale and all other seriously dangerous insects and diseases. Such certifi- ite shall be held as prima facie evidence of the facts therein stated, and no irther inspection will be required. But the board expressly reserves the right, hen for any cause it may deem it wise to do so, to reinspect any shipments lat may reach the State. In case any shipment is found not in accordance ith the requirements of this act and the regulations of the board, as certified in le filed certificate of the shipper, the board may proceed against such shipper 3 provided in this act, and may revoke his license to do business in Wyoming. ' 4. Licenses and certificates issued to persons, firms, and corporations (whether ithin or without the State) cover only stock grown in their own grounds or urseries, and no stock secured from other growers may be distributed in this tate, unless it be secured from such as hold similar licenses and certificates, nd then only on application to the secretary for permit to use such stock. List of those possessing licenses will be supplied to anyone on application.) .11 shipping tags must bear the name of the consignee as well as that of the con- ignor, and must plainly indicate the contents of the shipment to which it is ttached. 5. All persons, firms, or corporations (whether within or without the State) iolding licenses or certificates authorizing them to do business in Wyoming, hall make monthly reports to the secretary of this board embodying the fol- 3wing facts : (1) The number and date of deliveries or shipments made within or into the rtate. (2) The number of each kind of tree, shrub, or other plant so delivered or hipped. (3) The consignors and their several addresses, and such other facts as may >e called for in the blanks supplied by the secretary for this purpose. 6. Blank bonds, certificates, reports, and shipping tags will be supplied free 7418— No. 61 m 12 178 LAWS AGAINST INJURIOUS INSECTS. by the board, through the secretary, except that for the tags the actual cost the printed tags will be charged. 7. It shall be the duty of the secretary to supply to nursery men and othei on request, printed directions for disinfecting nurseries and orchards or fun gating nursery stock with hydrocyanic-acid gas, and to supply such other ava i able information as may be of service in securing freedom from dangeroi t insects and diseases in the orchards' of the State, and in the nurseries holdii the license of the board. 8. No person, firm, corporation, or transportation company shall receive fi shipment into this State any nursery stock in bundle, package, box, or in ai other form unless it bear in plain sight the authorized shipping tag of this boai as certified by the fac simile signature of the secretary. Such shipment must be; * the name of the consignee, as well as that of consignor, and must plainly inc t cate the character of the contents. If through the negligence of agents or others any nursery stock be receive f for delivery at any station in Wyoming without the proper shipping tag, [ shall be the duty of the agent at said station to notify the secretary of tl [ board and to hold the shipment subject to his directions. 9. The term “ nursery stock ” in this act shall be interpreted to mean all fru and shade trees (except evergreens), and all shrubs and other plants common: known as “ small fruits.” 10. The following insects and diseases, and such others as may from time i time be designated by the board, are within the meaning of this act designate as “ dangerous : ” 1. San Jose scale ( Aspidiotus perniciosus ) . 2. The woolly aphis of apple ( Schizoneura lanigera). 3. Oyster-shell bark-louse ( Mytilaspis pomorum ) . 4. Plum-knot of plum and cherry ( Plowrightia morbosa). 5. Crown gall ( Dendrophagus globusus). 11. The professor of botany and zoology in the State university, who is a present the secretary of the board, shall act as its chief inspector of fruit pest The four appointive members of the board are the inspectors for their respectiv horticultural districts. Each in his own district may be delegated by the chid inspector to reinspect any shipment into the State upon its arrival if, for an] reason, it may be deemed necessary in order to protect the interests of the StatJ It shall be their further duty to keep themselves informed, as far as possible concerning the operation and enforcement of the regulations of the board an to communicate such information to the secretary, each cooperating in the fulj est measure in order that the greatest impetus and service may be rendered t the horticultural interests of Wyoming. 12. In order that the benefits contemplated by this act may accrue to th State in the fullest measure, fruit growers and owners of even the smaller orchards are earnestly requested to report to the secretary of the board th conditions of their orchards. If insects or fungous diseases have found entrance it will be the duty of the secretary to cooperate with the owner for the extei mination or eradication of such insects or diseases. To that end printed diree tions for the treatment of infested or infected trees will be sent, and all othefl available information will be supplied. PMMARY OF REQUIREMENTS TO BE COMPLIED WITH BY NURSERYMEN OR OTHERS WHO MAKE INTERSTATE SHIP- MENTS OF NURSERY STOCK/' For the information of nurserymen or other persons who desire to ship ursery stock to points outside the States in which their nurseries are located, brief statement of the requirements is given herewith. Changes are con- inually being made on account of the enactment of new laws or the amendment f old ones, and modifications of the regulations of different States are made rom time to time by the authorities in charge of the enforcement of the aws. For the convenience of nurserymen who may wish to write to the offi- ials in charge of inspection work the names and addresses of the latter are ;iven. Alabama. — Persons shipping stock into the State must file a signed duplicate •ertificate of inspection and obtain official tags, which must be placed on each shipment, in addition to a copy of the certificate. Cost of tags, 60 cents per mndred, or $2.25 per thousand. Five cents per hundred must be added for )ostage. Mr. R. S. Mackintosh, State horticulturist, Auburn, Ala. (Act of L903. ) Arizona. — No nursery-inspection law. Arkansas. — Shipments must bear a certificate of inspection. Mr. C. F. Adams, State inspector, Fayetteville, Ark. (Act of 1903.) California. — Shipments of stock sent into the State are subject to inspection ind must bear the name of the consignor and consignee and a statement of where the stock was grown. Notice of shipments should be made to Hon. Ellwood Cooper, commissioner of horticulture, Sacramento, Cal. Colorado. — Stock subject to inspection by county inspectors, who are ap- pointed by the State board of horticulture, Denver, Colo. (Amended act of 1897.) Connecticut. — Shipments of stock into the State must bear certificates of in- spection issued by a State or Government officer, and a statement by the owner that they have been thoroughly fumigated. Dr. W. E. Britton, State entomol- ogist, New Plaven, Conn. (Amended act of 1903.) Delaware. — Shipments into the State must be accompanied with official cer- tificates of inspection. Mr. Wesley Webb, Dover, Del. (Amended act of 1901.) Florida. — No law. Inspections made and certificates issued to local nursery- ] men by Prof. E. H. Sellards, entomologist, Agricultural Experiment Station, I Lake City, Fla. Georgia. — Shipments into the State must be accompanied with certificates ; of inspection and copies of the official tags of the State board of entomology. These may be obtained by submitting a duplicate of the official certificate of | inspection and a statement that all stock shipped into the State will be prop- erly fumigated. Tags are furnished at cost. Mr. R. I. Smith, State ento- mologist, Atlanta, Ga. (Act of 1900.) a Drafted by Mr. A. F. Burgess, secretary of the American Association of Horticultural Inspectors, from the foregoing collection of State and Territorial laws against injurious insects. (Published in separate form as Circular No. 75 of this Bureau.) 179 180 LAWS AGAINST INJURIOUS INSECTS. Hawaii . — Shipments are subject to the regulations of the board of commij sioners of agriculture and forestry and are subject to inspection and quarantin on arrival at Honolulu, which is the only port where they are allowed to h landed. For application blanks for inspection and special information, addres lion. C. S. Holloway, secretary, Honolulu, Hawaii. Idaho . — Persons desiring to sell or ship stock into this State must file a bon in the sum of one thousand dollars ‘(.$1,000) with the State board of liorticu ture, conditioned on the faithful compliance with the requirements of the lav and secure a permit to do business in the State. Shipments must bear officia certificates of fumigation, and the name of the grower and consignee mus appear on the package. Mr. A. F. Hitt, State horticultural inspector, Bois< Idaho. Illinois . — Shipments into the State must be accompanied with certificates c inspection. Dr. S. A. Forbes, State entomologist, Urbana, 111. (Act of 1899. Indiana . — Shipments sent into the State must be accompanied with certif cates of inspection for the current year. Prof. J. Troop, State entomologis Lafayette, I ml. (Act of 1899.) Iowa . — Shipments sent into the State must be accompanied with official cei tificates of inspection. Trof. II. E. Summers, State entomologist, Ames, lows (Act of 1898.) Kansas . — No law. Inspections of local nurseries made and certificates issue by Prof. E. A. Popenoe, State nursery inspector, Manhattan, Kans. Kentucky . — Shipments into the State must be accompanied with official cei tificates of inspection. Prof. H. Garman, State entomologist, Lexington, Kj (Act of 1897.) Louisiana . — Shipments sent into the State must he accompanied with certif cates of inspection. Mr. Wilmon Newell, State entomologist, Baton Rouge, Li (Act of 1903.) Maine . — Shipments sent into the State must bear official certificates of inspet tion or affidavits that the contents have been fumigated in a mariner approve by the State inspector at the shipping point. Hon. A. W. Gilman, commissione of agriculture, Augusta, Me. (Act of 1905.) Maryland . — Stock sent into the State must bear the name of the consigno and consignee and a certificate of inspection. Duplicate certificates should b filed with the State entomologist. Prof. T. B. Symons, State entomologist Prof. J. B. S. Norton, State pathologist, College Park, Md. (Act of 1898). Massachusetts . — Stock sent into the State must bear a certificate of inspe< tion or an affidavit of fumigation. Dr. H. T. Fernald, State nursery inspectoi Amherst, Mass. (Act of 1902.) Michigan . — Nurserymen selling stock in this State must pay a license fee c five dollars ($5) and furnish a bond of one thousand dollars ($1,000), witl satisfactory sureties. Shipments must be accompanied with certificates of iij spection, and if of species subject to the attack of the San Jose scale certificate! by the nurserymen that the stock has been properly fumigated. Prof. L. ij Taft, State inspector of orchards and nurseries, Agricultural College, Micl: (Act of 1897.) Minnesota . — Stock shipped into the State must bear a certificate of inspee tion. Prof. F. L. Washburn, State entomologist, St. Anthony Park, Minn. (Ac of 1903.) Mississippi . — No nursery-inspection law. Missouri . — Stock shipped into the State must be accompanied with officii certificates of inspection. Prof J. M. Stedman, State entomologist, Agriculture experiment station, Columbia, Mo. SUMMARY. 181 I Montana. — Before selling stock in the State a license must be secured, which 'ill be issued on the payment of a fee of twenty-five dollars ($25), and a bond f one thousand dollars ($1,000) must be filed. Stock shipped into this State dll be unpacked and fumigated at quarantine stations. Previous notice of all hipments should be sent to Mr. Fred Whiteside, secretary, State board of hor iculture, Butte, Mont. (Act of 1899.) Nebraska. — No nursery-inspection law. Local nurseries inspected and cer ificates issued by Prof. Lawrence Bruner, acting State entomologist, Lin- oln, Nebr. Nevada. — No law\ New Hampshire. — Stock shipped into the State must bear a certificate of Inspection or a statement containing an affidavit that it has been properly I umigated. Prof. E. D. Sanderson, State nursery inspector, Durham, N. H. Act of 1903.) New Jersey. — Stock shipped into the State must be accompanied with a cer- ificate of inspection and a statement from the shipper that it is a part of the tock inspected and whether it has been fumigated with hydrocyanic-acid gas. 3r. John B. Smith, State entomologist, New Brunswick, N. J. (Act of 1903.) Netc Mexico.— No law 7 relating to nursery inspection. New York. — Nursery stock shipped into the State must be accompanied with m official certificate of inspection and must be fumigated before being sold or planted. Hon. Charles A. Wieting, commissioner of agriculture, Albany, N. Y. (Act of 1903.) North Carolina. — Shipments sent into this State must bear official certificates of inspection, and should be fumigated and a statement to that effect signed and attached by the consignor. Duplicate certificates must be filed with the State entomologist. Franklin Sherman, jr., State entomologist, Raleigh, N. C. (Act ff 1897.) North Dakota. — No law. Ohio. — Shipments must be accompanied with official certificates of inspection ar fumigation. Agents and dealers must file sworn statements as to the sources from which their stock is obtained. Mr. A. F. Burgess, chief inspector, department of agriculture, Columbus, Ohio. Oklahoma. — The owners of nurseries w^ho wish to ship stock into the Terri- tory are required to make an application for a permit. A statement is then secured from the inspector w-ho examined the stock, and if this is satisfactory a permit is issued. Shipments must be accompanied with copies of the official certificate and the official tags of the Oklahoma board of agriculture. Tags are furnished for 75 cents for the first hundred and 30 cents for each additional hundred. Agents are required to carry a copy of the permit of their principals and a statement from said principals that they are authorized to transact busi- ness. Hon. C. A. McNabb, secretary, board of agriculture, Guthrie, Okla. (Act of 1905.) Oregon. — Stock subject to inspection on arrival at quarantine stations. Mr. George H. Lamberson, secretary, State board of horticulture, Portland, Oreg. (Amended act of 1905.) Pennsylvania. — All shipments entering the State must be accompanied with certificates of inspection and certificates of fumigation. Prof. H. A. Surface, State zoologist, Harrisburg, Pa. (Act of 1905.) Porto Rico. — Nursery stock will be received only through three ports of entry, namely, San Juan, Ponce, and Mayaguez, and must be. accompanied with an official certificate of inspection. It is subject to inspection by local inspectors on arrival at said ports of entry. Inspectors are appointed by the governor. 182 LAWS AGAINST INJURIOUS INSECTS. Rhode Island . — Shipments must be accompanied with certificates of inspec- tion or affidavits of fumigation. Mr. A. E. Stene, State nursery inspector. Kingston, R. I. (Act of 1904.) South Carolina . — A duplicate certificate of inspection must be filed with the State entomologist and an official tag of the State board of entomology secured by nurserymen desiring to ship stock into the State. This tag and an official certificate of fumigation must be attached to all shipments. Prof. C. E. Cham bliss, State entomologist, Clemson College, S. C. (Act of 1903.) South Dakota . — Shipments must be accompanied with certificates of inspec 1 tion. Prof. W. A. Wheeler, State entomologist, Brookings, S. Dak. (Act of 1905.) Tennessee . — Stock shipped into the State must bear a certificate of inspection Duplicate certificate must be filed with Prof. II. A. Morgan, State entomologist Knoxville, Tenn. (Act of 1905.) Texas . — Duplicate certificates of inspection must be filed, and all shipments must bear certificates of inspection. Hon. W. J. Clay, commissioner of agricul- ture, Austin, Tex. (Act of 1905.) Utah . — Stock shipped into the State must bear a certificate stating that it has been properly fumigated before shipping. lion. C. A. Hickenlooper, secretary State board of horticulture. Salt Lake City, Utah. (Act of 1905.) Vermont . — No law. Virginia . — Duplicate certificates of inspection must be filed by nurserymer shipping stock into the State and official tags obtained from the board of croi pest commissioners; also a registration fee of twenty dollars ($20) must b authorized inspector of apiaries or bee inspector, certifying that such bees are free from foul brood and other infectious or contagious diseases, or whc shall import bees from another county within this State not having a bee in spector into a county having a bee inspector, shall immediately upon the receipl of such bees cause them to be inspected by a duly authorized inspector of apiaries, and if such bees are found to be infected with foul brood or other infectious or contagious disease such inspector shall proceed to have such dis- ease eradicated as provided in section two of this act. Any person violating! the provisions of this section shall be deemed guilty of a misdemeanor. “ Sec. 9. It shall be unlawful for any person owning or controlling bees within this State which are known to be infected with foul brood or other infectious or contagious disease to remove said bees to a new location without first giving ten days’ notice to the county inspector of apiaries, stating when and where he intends moving said bees. Any person violating the provisions of this sectionj shall be deemed guilty of a misdemeanor. “ Sec. 10. Any person or persons whose apiary is infected with foul brood or* any other infectious or contagious disease, and who sells, or offers for sale, from) such infected apiary and bees, hives, bee fixtures, or appurtenances, or who shall] expose in his bee yard or elsewhere any infected comb honey, beeswax, ore hives, combs, honey, and apparatus that have been used in connection with iy such diseased colonies; or, at his election, the said owner or person m large of such bees may, within the same time, utterly and completely destroy ich bees, hives, house, comb houses, honey, and apparatus by fire, or bury the ime in the ground, with a covering of not less than two feet of earth. Sec. 4. Every bee keeper or other person who shall be aware of the existence f foul brood, either in his own apiary or elsewhere, shall immediately notify he inspector of bees of the existence of such disease, and in default of so doing | hall be guilty of a misdemeanor and punishable by a fine of not more than Ive dollars and costs. I sec. 5. The inspector of bees shall have the right to enter the premises of any ee keeper where bees are kept and inspect such bees ; and any person resisting r refusing to allow such inspection by said bee inspector shall be guilty of a iisdemeanor, and may be then and there arrested by the said bee inspector or erson deputized by him, and brought before a justice of the peace, and upon onviction shall be fined not less than ten dollars nor more than twenty-five ollars. . _ , Sec. 6. If any owner or keeper of bees knows of, or after being notified by he bee inspector that foul brood or other infectious or contagious disease exists n any of the hives in the apiary owned by or in charge of said person and shall ail to comply within ten days from receiving said knowledge, and the date of eceiving instructions from the bee inspector to cure or destroy the bees oi lives or their appliances, such person shall be guilty of a misdemeanor, and lpon conviction thereof such person shall be fined not less than ten dollais nor nore than twenty-five dollars. Sec. 7. When the owner or possessor of bees shall disobey the directions of laid inspector in curing or destroying any diseased bees, honey, hives, or Appliances, they shall become unlawful and a public nuisance, and the said 3 ee inspector shall at once destroy said bees, honey, hives, or appliances and nay deputize such additional persons as he may find necessary to effect such iestruction. Sec. 8. Should any person whose bees have been destroyed or treated for toul brood sell or offer for sale any bees, hives, or appurtenances of any kind after such destruction or treatment or before being authorized by the inspector to do so, or should he expose, in his bee yard or elsewhere, infected comb, honey, or other infected thing, or conceal the fact that said disease exists among his bees, he shall be guilty of a misdemeanor and punishable by a fine of not less than ten dollars nor more than fifty dollars, f Sec. 9. Any person, persons, company, or corporation who shall bring into the e State of Idaho any apiary, colony, or colonies of bees shall immediately notify the State or deputy inspector of bees of such fact, stating where any such colony or colonies are being kept, and it shall be the duty of the State or deputy inspector to proceed to examine such colony or colonies and ascertain ' whether or not they are free from foul brood or other infectious or contagious disease. Any person, persons, company, or corporation who shall fail to notify I the State or deputy bee inspector, as required by this section, for a period of 190 LAWS AGAINST FOUL BROOD. ten days after the arrival within the State of Idaho of such colony or coloni t of bees shall be guilty of a misdemeanor and punishable by a fine of not lc r than fifty dollars nor more than one hundred dollars. Sec. 10. The inspector shall have full power, in his discretion, to order ai j owner or possessor of bees dwelling in box hives in apiaries where the disea $ exists (being mere boxes without movable frames) to transfer such bees to mo able frame hives within a specified time, and in default of such transfer t inspector may destroy or order the destruction of such box hives and the be dwelling therein. Sec. 11. After inspecting infected hives or fixtures or handling diseased be the inspector shall, before leaving the premises or proceeding to any other aj ary, thoroughly disinfect his own person and clothing, and shall see that ai assistant or assistants with him have also thoroughly disinfected their perso and clothing. Sec. 12. The State bee inspector shall make an annual report to the govern of Idaho, giving the number of apiaries visited, the number of diseased apiari found, the number of colonies treated, also the number of colonies destroy< and statistics bearing on the bee industries. Sec. 13. All acts and parts of acts in conflict with this act are hereby repeale Sec. 14. Whereas an emergency existing therefor, this act shall take effe and be in force from and after its passage and approval. MICHIGAN. Act 66, 1901, Page 97. The people of the State of Michigan enact: Section 1. The dairy and food commissioner, upon receipt of a certified cof of the record of the Michigan State Bee-Keepers Association by the secretal of said association, showing that a majority of the members of said associatio recommended the appointment of an inspector of apiaries, shall appoint a Stal inspector of apiaries. Said inspector shall be responsible to the dairy and foo commissioner, and shall comply with such rules and regulations as the dair and food commissioner shall from time to time prescribe for the carrying oi of the work of said State inspector. Sec. 2. The dairy and food commissioner shall, when notified in writing bj the owner of an apiary or by three disinterested taxpayers in the vicinity d the apiary, cause the inspector to examine such apiaries as are reported anl all others in the same locality not reported, and ascertain whether or not th| disease known as foul brood or other contagious disease exists in such apiarieJ and if satisfied of the existence of foul brood he shall give the owner or card taker of the diseased apiaries full instructions how to treat said case as in thl inspector’s judgment seems best. Sec. 3. The inspector, who shall be the sole judge, may visit all disease! apiaries a second time and, if need be, burn all colonies of bees and combs tha| may be found not cured of foul brood or other contagious diseases. Sec. 4. If the owner of a diseased apiary, honey, or appliances shall knowjj ingly or wilfully sell, barter, or give away any bees, honey, or appliances, oh expose other bees to the danger of said disease, or refuse to allow said inspector to inspect such apiary, honey, or appliances, said owner shall on conviction before a justice of the peace be liable to a fine of not less than fifty dollar' NEBRASKA. 191 ,r more than one hundred dollars, or not less than one months imprisonment the county jail nor more than two months’ imprisonment. SE c 5 In addition to such individual reports as are required under this act , the inspector of apiaries, he shall make an annual report to the dairy and ,od commissioner, giving the number of apiaries visited, the number of iseased apiaries found, the number of colonies treated, also the nu ilonies destroyed by Are, and an itemized account of his transportation ex- pnses with affidavit annexed thereto. SEC. 6. There is hereby appropriated, out of any moneys in the State treasury ot otherwise appropriated, a sum not exceeding five hundred dollars per year ir the suppression of foul brood among bees in Michigan. The inspector . eceive three dollars per day and actual transportation expenses for actual time erved which sum shall not exceed the money hereby appropriated, to be paid y the’ State treasurer upon warrants drawn by the auditor-general and ap- ,roved by the dairy and food commissioner. Sec 7 Act number oue hundred forty-one of the public acts of eighteen hun- Ired eighty-one, being sections fifty-six hundred sixty-three, fifty-six b™ dred ixty-four fifty-six hundred sixty-five, fifty-six hundred sixty-six fifty-six lundred sixty-seven, fifty-six hundred sixty-eight, fifty-six hundred sixty-mne, ind fifty-six hundred seventy of the compiled laws of eighteen hundred nine y seven, is hereby repealed. This act is ordered to take immediate effect. NEBRASKA. Chapter 82. — Bees. Section 1. It shall be unlawful for any person to keep or have in possession n this State any honeybees, brood comb, or honey known to possess or be in- 'ected with the disease known as “foul brood," or with any other infectious or •ontagious disease peculiar to bees and honey, contrary to the provisions s of t is ict or to keep or to have in possession any beehive or other receptacle in which foul brood, diseased bees, or infected honey is known to have been ep Every person violating any provisions of this section shall be deemed gui y El misdemeanor, and upon conviction thereof shall pay a fine of not less than ten dollars nor more than one hundred for each offense, or be confined in the countv jail not more than thirty days. Sec. 2. Any honeybees, brood comb, or honey owned or kept or found m this State known to be affected with foul brood or other infectious or contagious dis- ease and any beehive or receptacle in which any bees, brood comb, or honey shall have been kept, known to have been infected with any infectious or con- tagious disease, shall be destroyed immediately and completely by burning, by the owner thereof or the person or persons in whose possession the same m SEc e 3 Every person owning or having in his or her possession, or under his or her control, any honeybees, brood comb, honey, beehive, or receptacle or ap- paratus known to be infected with any infectious or contagious disease peculiar to honeybees or honey, or in which any diseased bees or infected honey shall have been kept, who shall not immediately cause the same to be destroyed as provided in section 2 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than ten dollars nor more than one hundred dollars for each offense, or be imprisoned in the county ja not more th^n thirty days for each offense. 192 LAWS AGAINST FOUL BROOD. Sec. 4. Every person owning or keeping honeybees in this State shall cause all bees owned or kept by him or her to be inspected at his or her own expense as hereinafter provided. Every person neglecting or refusing to cause all such bees to be duly inspected as hereinafter provided shall he deemed guilty of a misdemeanor, and shall pay a fine of not less than ten dollars nor more than one hundred dollars for each offense upon conviction thereof : Provided, That if upon inspection of any colony or colonies of bees the disease of foul brood or other infection or contagion shall be found to exist, and such inspector shall be of the opinion that by proper treatment such disease or contagion or infection may be removed, he shall so certify officially in his certificate of inspection, and the owner or owners of such bees shall be entitled to keep such bees for the period of six months for treatment, and at the expiration of said time, if such disease, infection, or contagion shall not be eradicated, such bees shall be de- stroyed, as hereinbefore provided, and any person or persons having in pos- session any brood, comb, beehives, honey, or apparatus used in connection with bee culture, found in like manner to be infected with foul brood or infectious or contagious disease, such person shall be allowed the period of thirty days to disinfect the same, but no longer, and if at the end of said period of thirty days] said disinfection shall not have been complete, such brood, comb, beehive, honey, I or apparatus shall be destroyed as hereinbefore provided. Sec. 5. Every person engaged in beekeeping in this State, either as owner,] agent, or lessee, in infected districts, shall cause to be inspected at least once in] each year each and every brood or colony of bees, brood comb, and honey in his I or her possession or under his or her control, and procure a certificate of such', inspection showing the true condition of each and every one of the above-named articles in his or her possession as to the existence of foul brood or other infec- tious or contagious disease, in duplicate, one of which duplicates shall be left with such person and the other shall be filed in the office of the county clerk of the county where such bees or honey or brood comb is kept. Sec. 6. Upon the application of the Nebraska State Beekeepers’ Association, or other person or persons interested in bee culture residing in any county in this State, the governor may appoint a suitable person, resident of said county, inspector of bees and honey for said county, who shall be sworn to perform the I duties of such office faithfully and impartially, whose duty it shall be to in- : spect all bees, brood combs, honey within his said county when called upon for said purpose, and shall be entitled to receive the sum of two dollars for each day or part of a day necessarily employed in making such inspection, to be paid by the owner or agent or lessee in whose possession such bees, brood comb, or honey may be when inspected. Such inspectors shall make certificates in dupli- cate, and shall give one to the owners or persons in charge of such bees, or brood combs, or honey, and file the other in the office of the county clerk as aforesaid. Took effect June 6th, 1885. NEW MEXICO. Chapter 43. An Act relating to foul brood and other contagious diseases among bees. Be it enacted by the legislative assembly of the Territory of Netv Mexico: Section 1. That hereafter all bee keepers, owners, and possessors of bees, apiaries, bee hives, and apparatus pertaining to bees, bee keepers, apiaries, and bee hives shall keep the same properly protected and disinfected and free from NEW YORK. 193 all foul brood or other contagious diseases, and shall be required to keep all jbees, bee hives, bee houses, apiaries, combs, honey, and apparatus free from all foul brood or other contagious diseases. Sec. 2. That any person or persons who have in their possession or under their control any bees, bee hives, bee houses, combs, or apparatus pertaining to [bees or apiaries and who shall allow the same to become infected or diseased with any foul brood or contagious diseases, and who shall wilfully and know- ingly permit them to remain in such condition, shall be deemed guilty of mis- demeanor and upon trial and conviction before any justice of the peace may be fined in any sum not less than ten dollars or more than fifty dollars, or by imprisonment in the county jail not more than 30 days, or by both such fine and imprisonment. Sec. 3. That any person competent to testify as a witness may, upon informa- tion and belief, make complaint before any justice of the peace in any county in this Territory in which such foul brood or contagious diseases among bees is found to exist, and upon such written complaint being made in writing and duly sworn to as required by law the justice before whom such complaint is made shall issue a warrant for the arrest of the offender and shall fully inquire, examine into, and try said cause as now provided for the trial of misdemeanors before a justice of the peace. Sec. 4. That upon the trial of said cause, that any bees, bee hives, combs, honey, or apparatus connected with said apiary or bee keeper that be found by said justice of the peace before whom such trial is had to be diseased or infected with foul brood or any other contagious diseases shall by such justice of the peace be declared to be a nuisance and shall be condemned as such and an order or writ issued for the destruction of such nuisance, and upon the issuing of such order and such writ directed to any constable or sheriff of such county such constable or such sheriff to whom such order or writ is directed and delivered shall forthwith execute the same by burning, destroying, and putting out of ex- istence all such bees, bee hives, bee houses, comb, honey, or apparatus so de- clared to be and condemned as a nuisance. Sec. 5. Justices of the peace in their respective counties shall have jurisdic- tion in all causes arising under the provisions of this act, and their costs in cases under this act shall be taxed up and assessed as cases in other cases of misdemeanor before justice of the peace. Sec. 6. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall take effect and be in force from and after its passage. Approved March 9, 1905. NEW YORK. Agricultural Law of the State of New York, as Amended to July, 1905. ARTICLE VI. § 80. The prevention of diseases among bees. No person shall keep in his apiary any colony of bees affected with a contagious malady known as foul brood or black brood; and every bee keeper, when he becomes aware of the existence of either of such diseases among his bees, shall immediately notify the commissioner of agriculture of the existence of such disease. (As amended by chapter 21 J) of the Laws of 1902.) 7418— No. 61 m 13 194 LAWS AGAINST FOUL BROOD, § 80 a. [Defining honey.] §80b. [Relative to selling a commodity in imitation or semblance of honey.] t § 81. Duties of the commissioner. The commissioner of agriculture shall im- . s mediately upon receiving notice of the existence of foul brood or black brood « among the bees in any locality send some competent person or persons to exam- \ ine the apiary or apiaries reported to him as being affected and all the other apiaries in the immediate locality of the apiary or apiaries so reported; if foul f brood or black brood is found to exist in them, the person or persons so sent by the commissioner of agriculture slial lgive the owners or caretakers of the dis- eased apiary or apiaries full instructions how to treat said cases. The com- missioner of agriculture shall cause said apiary or apiaries to be visited from time to time as he may deem best, and if, after proper treatment, the said bees shall not be cured of the diseases known as foul brood or black brood then he may cause the same to be destroyed in such manner as may be necessary to pre- vent the spread of the said diseases. For the purpose of enforcing this act the commissioner of agriculture, his agents, employees, appointees, or counsel, shall have access, ingress, and egress to all places where bees or honey or appliances used in apiaries may be which it is believed are in any way affected with the said disease of foul brood or black brood or where it is believed any commodity is offered or exposed for sale in violation of the provisions of this act. No owner or caretaker of a diseased apiary, honey, or appliances shall sell, barter, or give away any bees, honey, or appliances from said diseased apiary which shall expose other bees to the danger of said diseases, nor refuse to allow the said commissioner of agriculture, or the person or persons appointed by him, to inspect said apiary, honey, or appliances and do such things as the said commis- sioner of agriculture or the person or persons appointed by him shall deem nec- essary for the eradication of said diseases. Any person who disregards or vio- lates any of the provisions of this section is guilty of a misdemeanor and shall be punished by a fine of not less than thirty dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than one month nor more than two months, or by both fine and imprisonment. (As amended by chapter 214 of the Laws of 1902.) OHIO. An Act to provide for county inspectors of apiaries and defining their duties, and pro- viding for their compensation, for the purpose of curing and avoiding foul brood or other diseases among bees and their hives. Be it enacted hy the general assembly of the State of Ohio: Section 1. That whenever a petition is presented to the board of county commissioners of any county in the State of Ohio, signed by three or more per- sons, all of whom are residents of said county, and possessors of an apiary or place where bees are kept, stating that certain apiaries within said county are \ infected with the disease known as foul brood, or any other disease which is injurious to bees or their larvae, praying that an inspector be appointed by said board of county commissioners, said board of county commissioners shall within five days after the presentation of said petition appoint a person as bee inspector i who is resident of said county who shall be a skilled bee keeper, having thor- ough knowledge of foul brood and other diseases injurious to bees and their larvae and the treatment of same. Sec. 2. The person so appointed shall, within five days after his appointment, file with the said board his written acceptance of the office, or, in default thereof, OHIO. 195 • in case of vacancy, the board shall in the same manner make new appoint- ents until the said office is filled. The inspector shall hold his office for two iars and until his successor is appointed and qualified, except when upon peti- on of ten persons (each of whom is a resident of said county and possessor of 1 apiary), to the board of county commissioners of said county, may remove Hid inspector for cause, after a hearing of petitioners. Sec. 3. Any bee keeper or other person who shall have cause to believe that a apiary in his county is affected with foul brood or other disease, either in s own apiary or elsewhere, shall make affidavit stating that on information or fiief, he believes that certain apiaries, describing the location, naming the ;vner or keeper, is affected with foul brood or other disease, and his ground for ich belief. On receiving said affidavit from any source of the existence in ay apiary in his county, of the disease known as foul brood, or any other ifectious or contagious disease of bees, the county inspector of bees shall forth- ith inspect each colony of bees and all hives, implements and apparatus, oney and supplies on hand or used in connection with such apiary, and dis- nctly designate each colony or apiary which is infected, and notify the owner r person in charge of said bees thereof, in writing, and the owners of said ees, or the persons in charge thereof to practically and in good faith apply, nd thereafter fully and effectually carry out to and upon such diseased colonies, iich treatment as may have been prescribed by the said inspector for such lises ; also thoroughly disinfect, to the satisfaction of the inspector, all hives, rehouses, combs, honey, and apparatus that have been used in connection with !ny such diseased colonies; or, at his election, the said owner or person in large of such bees may within the same time utterly and completely destroy lid bees, hives, houses, comb houses, honey, and apparatus by first killing the iees (by the use of sulphur fumes, when the bees are in the hives for the ight), by fire, or bury the same in the ground with a covering of not less than svo feet of earth. Sec. 4. The inspector of bees shall have the right to enter the premises of ny bee keeper, where the bees are kept, and inspect such bees, and any person esisting or refusing to allow said inspection by said bee inspector shall be uilty of a misdemeanor and may be then and there arrested by said bee ispector or person deputized by him and brought before a justice of the peace, nd upon conviction shall be fined not less than ten dollars nor more than iventy-five dollars. Sec. 5. After inspecting, working with, or handling infected hives or fixtures, r handling diseased bees, the inspector or other person shall, before leaving be premises, or proceeding to any other apiary, thoroughly disinfect his own erson and clothing, and shall see that any assistant or assistants with him ave also thoroughly disinfected their clothing and person. Sec. 6 . The inspector shall have full power in his discretion to order any wner or possessor of bees dwelling in box hives in apiaries where the disease xists (being mere boxes without frames) to transfer such bees to movable rame hives within a specified time, and in default of such transfer the same hall become unlawful and the inspector may destroy or order for destruction f such box hives and the bees dwelling therein as a public nuisance. Sec. 7. Should any owner of, or keeper of, or other person having diseased -ees or their larvse, or of any affected hives of combs, appliances, or utensils or bee keeping, sell or barter or give away the same, or allow the same or any >art thereof to be moved, such person shall be guilty of a misdemeanor, and lpon conviction such person shall be fined not less than ten dollars nor more han twenty-five dollars. 196 LAWS AGAINST FOUL BROOD. Sec. 8. Should any person whose bees have been destroyed or treated foi foul brood sell, or offer for sale, any bees, hives, or appurtenances of any kind after such destruction or treatment, and before being authorized by thi inspector to do so, or should he expose, in his bee yard or elsewhere, anj infected comb honey or other infected thing, or conceal the fact that such dis ease exists among his bees, such person shall be guilty of a misdemeanor, an( upon conviction such person shall be fined not less than ten dollars nor mori than twenty-five dollars. Sec. 9. If any owner or keeper of bees knows of or after being notified bj the bee inspector that foul brood or other infectious or contagious diseas< exists in any of the hives in the apiaries owned or in charge of said persom and shall fail to comply within ten days from receiving said knowledge and tb date of receiving instructions from the county inspector to cure or destroy tbj bees or hives, or their appliances, such person shall be guilty of a misdemeanor and upon conviction thereof such person shall be fined not less than ten dollar: nor more than twenty-five dollars. Sec. 10. When the owner or possessor of bees shall disobey the directions o said bee inspector in curing or destroying any diseased bees, honey, hives, o appliances shall become unlawful and a public nuisance, and the said bee in spector shall at once destroy said bees, honey, hives, or appliances, and ma; deputize such additional persons as he may find necessary to effect said d€ struction. Sec. 11. The inspector shall make a monthly report in writing, under oath, t the board of county commissioners, in which report he shall state the days am number of hours ip the preceding month spent by him in the actual discharg of his duties, and shall in said report state the name of the owner or keepei and the location of the apiary upon which such time was spent in curing or d€ stroying said bees, together with an itemized account, showing the dates am amounts for what incurred, money spent for any discharge of his duties, and t whom the same was paid, and for what services and considerations such indebl edness was incurred, and accompany said report with the affidavits given hir under and in pursuance of section 3 of this act, and make full and complete rt port of all he did and results of his treatment of any apiary. Sec. 12. After the inspector of bees in any county shall make report, as pr( vided in the preceding section, said county commissioner shall allow to said ii spector of bees two dollars for a full day, and one dollar for each half daj necessarily and actually employed in the discharge of his duties under this ac together with his necessary and actual expenses while so employed, to be audite( allowed, and paid by the county treasurer upon the warrant of the count auditor. Sec. 12 a. There shall be levied annually on the owner of each colony of bee in each county in the State an annual tax of one (1) cent for each colony owne( which levy shall be placed on the tax duplicate of the county by the auditor c such county at the time of the levy of other taxes each year, and such lev shall be predicated upon the returns for taxation as made to such auditor by tl assessors having jurisdiction in the premises for the return of personal propert for taxation ; such assessors shall be provided with blanks necessary to proem such returns from owners of colonies of bees, who shall on demand be require* to list the same for taxation for the purposes of this act, as in other cases o listing and valuation of personality for taxation. The county treasurer sha| collect the amount of said tax so assessed in the same manner and at the sanf time he collects other taxes, and the same shall be certified to him by the counk auditor in the same manner as other taxes for collection. The amount so co TEXAS. 197 ected shall constitute a special fund, to be disposed of in the payment of the alary and actual expenses of the inspector of bees appointed in pursuance of he provisions of the act of April 15, 1904, aforesaid. Original act approved April 21st, 1904. Amended act approved March 17th, .906. TEXAS. i.N Act to provide for the protection of honeybees against foul brood and other con- tagious diseases, and providing that all bee keepers report to the State entomologist when infectious diseases exist, providing for collecting the expense of eradicating the disease and fixing the charges upon the owner or agent of the bees, providing for the extermination of all contagious diseases, and providing penalties for the violation of any of the provisions of this act. Section 1. Be it enacted by the legislature of the State of Texas , If any owner if or any person having control or possession of any honey bees in this State, cnows that any bees so owned or controlled are affected with foul brood or any ither contagious disease it shall be and is hereby made his duty to at once report said fact to the State entomologist, setting out in his said report all the facts known with reference to said infection. The State entomologist shall have full power in his discretion to order any owner or possessor of bees dwelling in hives without movable frames, or not permitting of ready examination, to transfer such bees to a movable frame hive within a specified time. In default of such transfer the State entomologist may destroy, or order destroyed, such hives, together with the honey, combs, frames, and bees contained therein, with- out recompense to the owner, lessee, or agent thereof. Sec. 2. The State entomologist shall prescribe such rules and regulations as may in his judgment seem necessary for the eradication of all contagious dis- eases of bees, and if at any time the entomologist finds, or has reason to believe, that the owner or keeper of any bees, or the owner of any apiary, has refused or is refusing to comply with all or any such rules and regulations, then and in that event the State entomologist is hereby authorized to inspect said bees, and, if necessary, burn diseased colonies, appliances, and honey, and do any and all things necessary in the premises to eradicate foul brood or any other infec- tious disease of bees. Sec. 3. When any owner or possessor of bees shall fail to carry out the instructions of the State entomologist as set forth in sections 1 and 2 of this act, the State entomologist or his assisant shall carry out such destruction or treatment, and shall present to the owner of said bees a bill for the actual cost of such destruction or treatment. In the failure of the owner or possessor of such bees to pay said bill within thirty days after the delivery of same to himself, tenant, or agent, or within thirty days after mailing same to his usual post-office address, the State entomologist shall certify to the county attorney of the county wherein such bees are located the amount and items of such bill, and the county attorney shall file suit for the recovery of said account. All moneys recovered by the county attorney for such destruction or treatment shall be paid into the hands of the county treasurer, to become a part of the fund for carrying out the provisions of this act. Sec. 4. If any owner or keeper of any diseased colonies of bees shall barter or give away any infected bees, honey, or appliances, or shall expose any other bees to the danger of infection of the disease, or shall refuse or neglect to make report as provided in section 1 of this act, he shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be fined in any sum not exceeding two hundred dollars. 198 LAWS AGAINST FOUL BROOD. Sec. 5. The fact that the season when young colonies of bees will have th - mother colonies is near at hand, and that there is no existing law properl F governing colonies affected with foul brood creates an emergency, and an impera - tive public necessity requiring the suspension of the constitutional rule requii ing bills to be read on three several days, and the same is so suspended, an this act shall take effect and be in force from and after its passage ; and it i so enacted. Became a law April 21, 1903. o' UTAH. Law of Utah for the Protection and Encouragement of the Bee Industry , I Section 1. The board of county commissioners of the several counties shal when petitioned by a majority of the bee keepers thereof, appoint one or mor qualified persons inspectors of bees for their respective counties. Sec. 2. Such inspectors shall hold their office for two years and until thei successors are appointed and qualified. They shall qualify by taking and sub scribing their official oath and by giving bonds to be approved by their respec tive boards of county commissioners, which oath and bonds shall be filed wit] the county clerk. Sec. 3. Inspectors shall be paid out of the county treasury for services actu ally rendered at such rate per day as the board of county commissioners ma; fix. The assessor of each county is hereby required to assess each colony o bees in his county in the same manner as other assessments are made. A1 taxes shall be assessed and collected thereon in the manner provided by law fo the collection and payment of county taxes. Sec. 4. All hives of bees in each county shall be carefully inspected at leas once each year by a county or district inspector, where such inspector has beei appointed, and, at any time upon complaint that disease exists among bees o any person, the inspector to whom complaint is made shall immediately inspec the bees said to be infected. The inspector shall have authority to take charg and control of diseased bees and their hives, and the tools and implements use< in connection therewith for treatment, or destroy such bees, broods, or hive and their contents, or implements, as may be infected : Provided, That an; owner questions a decision of the inspector he may appeal to three arbitrator: selected from among the bee keepers of the county, one of whom shall be chosei by the owner, the second by the inspector, and the third so chosen, whose de cision, concurred in by at least two of their number, shall be conclusive as t the condition of the bees at the time of such examination. Sec. 5. Any person who shall hinder or obstruct, or attempt to hinder or ob struct, a duly appointed inspector from the performance of any duty required by this title, shall, on conviction thereof before a justice of peace having juris diction, be deemed guilty of a misdemeanor, and shall be fined for the firs offense not less than five nor more than twenty-five dollars, and for any addi tional offenses any sum not exceeding fifty dollars. Approved March 11th, 1897. To take effect January 1, 1898. WASHINGTON. Be it enacted by the legislature of the State of Washington: Section 1. Whenever a petition is presented to the board of county commis sioners of any county signed by ten or more persons, each of whom is a property WASHINGTON. 199 holder resident of the county and possessor of an apiary or place where bees are kept, stating that certain or all apiaries within the county are infected with the disease known as “ foul brood,” or any other disease which is infectious or contagious in its nature and injurious to bees, their eggs, or larvae, and praying that an inspector be appointed by them, whose duty it shall be to supervise the treatment of said bees and apiaries as herein provided, the board of county commissioners shall, within twenty days thereafter, appoint a suitable person, who shall be a skilled bee keeper, inspector of apiaries. The said board of county commissioners may remove said inspector at any time for cause. Sec. 2. It shall be the duty Of the inspector in each county to cause an inspec- tion to be made when he deems it necessary of any or every apiary, or other place within his jurisdiction in which bees are kept, and if found infected with foul brood or any other infectious or contagious disease injurious to the bees or their eggs or larvae he shall notify the owner or owners, person or persons in charge or in possession of said apiaries or places where bees are kept that the same are infected with foul brood or any other disease infectious or con- tagious in nature and injurious to bees, their eggs, or larvae, and he shall re- quire such person or persons to eradicate and remove such disease or cause of contagion within a certain time, to be specified. Said notice may be served jupon the person or persons, or either of them, owning or having charge or hav- ing possession of such infected apiaries or places where bees are kept by any inspector or by any person deputized by the said inspector for that purpose, [or they may be served in the same manner as a summons in a civil action. Any and all such apiaries or places where bees are kept found infected with I foul brood or any other infectious or contagious disease are hereby adjudged . and declared to be a public nuisance, and whenever any such nuisance shall exist at any place within his jurisdiction or on the property of any nonresident I or on any property the owner or owners of which can not be found by the inspector, after diligent search, within the county, or upon the property of any owner or owners upon whom notice aforesaid has been served, and who shall refuse or neglect to abate the same within the time specified, it shall be the duty of the inspector to abate the same, either by treating the disease, or by destroying the infected hives, together with their combs and bees therein. The expense thereof shall be a county charge, and the board of county commissioners shall allow and pay the same out of the general fund of the county. Sec. 3. It shall be the duty of the county inspector of apiaries to keep a record of his official acts and doings and make report thereof to the board of county commissioners when required by said board. Sec. 4. The salary of the county inspector of apiaries shall be three dollars per day when actually engaged in the performance of his duties : Provided , That the expenditures under this act in any county shall not exceed the sum of one hundred dollars per annum. Sec. 5. The inspector of apiaries may, in his discretion, order the owner or owners or other person in charge of bees kept in box or other immovable or stationary comb hives in apiaries infected with foul brood or other infectious or contagious disease or within a radius of three miles of such diseased apiaries to transfer such bees to movable frame hives within a reasonable time, to be specified in such order or notice, and in default of such transfer the owner or owners or other person in charge of such bees, the inspector may destroy or cause to be destroyed all such hives together with their contents, and the ex- pense thereof shall be a county charge, as provided in section 2 of this act. Sec. 6. It shall be unlawful for any person owning or controlling bees within this State which are known to be infected with foul brood or other infectious 200 LAWS AGAINST FOUL BROOD. or contagious disease to remove said bees to a new location without first giving ten days’ notice to the county inspector of apiaries, stating when and where he intends moving said bees. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor. Sec. 7. Any person or persons whose apiary is infected with foul brood or other infectious or contagious disease and who sells or offers for sale from such infected apiary any bees, hives, bee fixtures, or appurtenances, or who shall expose in his bee yard or elsewhere any infected comb honey, beeswax, or other infected thing, or who conceals the fact that his apiary is so infected shall be deemed guilty of a misdemeanor. Sec. 8. Any person or persons who shall resist, impede, or hinder in any way the inspector of apiaries in the discharge of his duties under the provisions of this act shall be deemed guilty of a misdemeanor. Sec. 9. An emergency exists, and this act shall take effect immediately. WISCONSIN. Wisconsin Statutes, 1903, Volume 1, Chapter 188. Section 1494, f. Inspection of apiaries — Inspection , appointment, duties , compensation. The governor may appoint for a term of two years a State in- spector of apiaries. Said inspector shall, when notified of existence of disease known as foul brood among apiaries, examine all such as are so reported and| all others in the same locality and ascertain whether or not such disease exists J and, if satisfied of its existence, shall give the owner or person who has care of such apiaries full instructions as to the manner of treating them. Within a reasonable time after making such examination the inspector shall I make another examination thereof, and if the condition of any of them is such as in his judgment renders it necessary he may burn all the colonies of bees and,] all the comb necessary to prevent the spread of the disease. Such inspector shall, before such burning, give the notice provided for in r.j and otherwise proceed pursuant to the provisions of section 1492, b. The in- spector shall make at the close of each calendar year a report to the governor, [i stating the number of apiaries visited, the number of those diseased and treated,; the number of colonies of bees destroyed, and of the expenses incurred in the; performance of his duties. Said inspector shall receive four dollars for each day actually and necessarily spent in the performance of his duties and be re- 1 imbursed the money expended by him in defraying expenses : Provided, Thatj the total expenditure for such purpose shall not exceed seven hundred dollars per year. Approved May 11, 1903. Wisconsin Statutes, 1903, Volume 2, Chapter 187. Section 4605, a. Sale of a diseased apiary, etc. Any owner of a diseased apiary, of honey made or taken from such an apiary, or appliances taken from such an apiary, who shall sell, barter, or give away any such apiary, honey, or appliances, or bees from such an apiary, expose other bees to the danger of contracting such disease, or refuse to allow the inspector of apiaries to inspects such apiary, honey, or appliances shall be fined not less than fifty dollars nor more than one hundred dollars, or be imprisoned in the county jail not less than one month nor more than two months. (Section 4, chapter 150, 1897.) REPORTS OF THE PRELIMINARY AND ANNUAL MEETINGS OF THE AMERICAN ASSOCIATION OF HORTICULTURAL INSPECT- ORS, 1897-1905. Preliminary Meetings in Chicago. In a circular letter prepared at the office of the Illinois State entomologist, dated January 7, 1897, announcement was made of the discovery of the San Jose scale at fifteen different points in Illinois, and the opinion was expressed that it was likely that other States would be found similarly infested if a system of search and inspection similar to that of Illinois were instituted. It was further said that — “ The situation is so grave in Illinois that our State Horticultural Society has taken the subject up with great energy, and has prepared a bill for introduction to the State legislature, which has just begun its session, proposing measures of prevention and defense not only against the San Jose scale, but against in- sect and fungous pests in general destructive to horticultural products. * * * There is a strong probability that this bill, or some substitute for it, will be passed by our legislature, probably with an emergency clause. Would it not be practicable and desirable for those of us who are officially interested and most responsible in the premises to meet at an early day for conference and for a comparison of ideas and plans with reference to this matter? I am sure that we should, in this State, be very glad indeed to have the benefit of the judgment of those similarly situated. “ I am sending this letter to Indiana, Ohio, Michigan, Minnesota, Wisconsin, Iowa, and Missouri. Would you be willing to meet representatives from any two or more of these States, either at Champaign or Chicago, as might be most convenient for those proposing to confer? An early reply will be appreciated. “ Sincerely, yours, S. A. Forbes.” This letter was addressed to Prof. E. S. Goff, Madison, Wis. ; Prof. Otto Lugger, St. Anthony Park, Minn. ; Prof. Herbert Osborn, Ames, Iowa ; Prof. J. M. Stedman, Columbia, Mo. ; Prof. L. R. Taft, Agricultural College, Mich. ; Prof. James Troop, Lafayette, Ind., and Prof. F. M. Webster, Wooster, Ohio. Sequent to this correspondence a meeting was called for Chicago, January 29. 1897. At this conference, according to a circular report issued from the Illinois State entomologist’s office, February 15, 1897, the following eight North-Central States were represented, either by their official entomologists or by their ex- periment station horticulturists, namely, Ohio, Indiana, Illinois, Missouri, Iowa, Michigan, Wisconsin, and Minnesota. Measures were discussed to be taken by the separate States “ for the inspection of orchards, nursery stock, and the like, and especially for the detection and destruction of the San Jose scale wherever there is reason to suppose that it may have been introduced. It was the common judgment of this conference that both State and national legislation looking to these ends has become imperative.” 201 202 MEETINGS OF HORTICULTURAL INSPECTORS. The following resolutions were adopted at this meeting : “ Resolved , That we recommend to the people of our respective States that in purchasing stock from other than home nurseries, they require a certiticati of inspection from such nursery specifying that such stock has been inspected by an official inspector or has been grown on grounds duly inspected, and spec! tying the result of such inspection. “ Resolved , That we indorse the call of the Ohio State Horticultural Society for a national convention to consider and recommend the most appropriate Fed eral and State legislation for preventing the introduction and spread of noxiou: insects and fungi in the United States.” April 3, 1899, the following circular letter was issued to the proper officer in the States of Michigan, Kentucky, Missouri, Ohio, Indiana, and Iowa : “ The recent passage by the State legislatures of Indiana and Illinois of law requiring inspection of nursery stock with reference to injurious insects an< fungous diseases leads me to suggest the desirability of a conference amonj inspectors of a number of adjacent States with a view to establishing comrnoi methods, discussing objects of inspection, forms of certificates, and other mat ters of common interest on which it would be well to have an exact understand ing. * * * I think we could probably bring about a meeting in Chicago o representatives of these States, since a similar meeting held two years ag< seems to have had a good deal of influence in securing common and intelligen action leading to the establishment of inspection laws in these States. “ Very truly yours, S. A. Forbes.” Replies being generally favorable, a meeting was called to be held in Chicago April 29. At this conference the States of Wisconsin, Iowa, Indiana, Ohio, ant Illinois were represented by their State entomologists or others charged wit) the duty of horticultural inspection. The following general conclusions wer unanimously agreed upon : “An inspector’s certificate to nurserymen must usually be based upon a gee eral inspection of trees still standing in the nursery rows, and this fact shoul- be shown in the certificate. Where injurious insects or fungous disease ai^ found sufficient to make a certificate inadmissible, but are capable of beinj suppressed by fumigation or other procedure, the certificate should be withhel until such steps have been taken as to satisfy the inspector that no furthe danger exists. For example, if dangerous insects are found upon the roots oj nursery stock, no certificate should be issued until the plants have been fumij gated. If adjacent grounds are infested with dangerous insects or plant di^ ease so near the nursery premises as to make them especially subject to invasioj from without, fumigation of all specially exposed nursery stock should b| required as a condition of the issuance of a certificate, even though the premise themselves may not be found infested at the time of inspection. The wor ' dangerous ’ used in connection with insects and plant diseases is understoo to mean, in this connection, dangerous to the property of customers — likely t be transported with nursery stock to the injury of customers. “ It should be the policy of departments of inspection to encourage an! stimulate the thorough practice of fumigation as a substitute for inspectio whenever practicable, with a view to hastening the time when a general requirement may be established for the fumigation of all nursery stock beforl sale and delivery. “ Inspections should be made betweeVi August 1 and November 1, and certitj cates should expire the first of the following June. If nurserymen desire t PRELIMINARY MEETINGS. 203 nake shipments between June 1 and August 1, arrangements must be made by |;hem for special inspections during this period. “ The following was adopted as the general form of the certificate : *' “ This is to certify that the nursery premises and growing stock of , r situated in , have been inspected according to the provisions of the law )j[here insert title of act under which inspections are made], and no indications IjLiave been found of the presence of the San Jose scale or 'Other dangerous Lor : dangerously injurious] insects or plant disease. This certificate is invalid after I June 1, 189 — . “ Date, . I “ Each inspector should prepare a list of official inspectors of other States I and Territories whose certificates will be accepted by him as valid, and this I list should be sent by each inspector to all nurserymen within his own State whose premises have been inspected and certified, with information that they will be at liberty to attach the certificate of their own State inspector to all nursery stock received by them bearing the official certificate of any one of the inspectors on the above-mentioned list. This arrangement is supposed to relieve nurserymen from the impracticable requirement of sending with each lot of stock disposed of a copy of each original certificate which this stock may have iborne. These lists of accredited inspectors may also be furnished to dealers in nursery stock who do not themselves own nursery premises, provided the ^State inspector is satisfied of their honesty and responsibility. “ The presence of the San Jose scale, of peach yellows, of rosette, and of the | black-knot of the plum should be regarded in all cases as ground for withhold- ling a certificate until premises have been completely freed from them. The Bpresence of the woolly aphis, of the oyster-shell scale, of the scurfy scale, of nnthracnose, and of other common and wide-spread injurious insects and diseases )ishould not be regarded as a bar to a certificate unless they are exceptionally habundant, so as to affect the value of the stock and to render likely an unusual ■increase or more general introduction of these insects and diseases, provided Hsuch infested or infected nursery stock is sold and shipped. }| “ Inspections should include not only the nursery stock to be certified, but also ustock left over from previous years, old trees, and the like, together with sur- rounding premises in general.” In response to numerous requests, steps were taken December 1, 1900, toward still another conference, in consequence especially of difficulties and inconsis- tencies in administration which had appeared, some of them threatening trouble I between the responsible officers in different States. “ For example, the law in one State requires that all inspections shall be finished not later than August 15, and the official inspector in another State has given general notice that any cer- tificate dated earlier than August 15 will be disregarded in his State.” This call was made to include representatives of Kansas, Colorado, Tennes- see, Wisconsin, Pennsylvania, New York, Nebraska, Michigan, Kentucky, and Iowa, and the meeting was held in Chicago January 4, 1901. The proceedings of this meeting were reported by circular letter distributed January 14, and were as follows : “At a conference of horticultural inspectors of the States of New York, Michigan, Indiana, Illinois, Iowa, Kentucky, and Tennessee held at the Palmer House, Chicago, January 4, 1901, the general subject of the methods and ob- jects of nursery inspection was broadly discussed, with special attention to cer- tain details in which a comparison of views was thought to be particularly desirable. “ 1. Difficulties having been made by certain State officials with respect to 204 MEETINGS OF HORTICULTURAL INSPECTORS. the acceptance of inspection certificates from other States, this subject wa discussed at length, and the opinion was unanimously expressed by the confel eDce that State inspectors should accept the inspection certificates of othc States issued by authorities legally constituted for that purpose, as prima faci evidence of the facts therein set forth. It was not intended by this statemei to prevent or discourage a supplementary inspection of certified stock if, in til judgment of any inspector, special conditions might make this necessary. “ 2. On comparison of the practice of different State inspectors, wide diffei ences were found in the time during which nursery inspections are made, dr principally to differences in local condition or business methods in differei parts of the country. After full discussion it was decided that the period c inspection should be determined in each State at the discretion of the inspector but it was agreed that all peach stock should be inspected as late in the seaso as practicable, particularly where the surroundings were such as to cause sus picion of the occurrence of the San Jose scale, or where the origin of the bud was either suspicious or unknown. In such cases, if the nursery was inspec-te early a late supplemental inspection of the peach stock should be made. “ 3. With respect to a nursery some sections of the stock of which is so ii fested or infected as to make its sale objectionable, but not in a way to damag or endanger the remainder of the stock, the practice adopted in Illinois wa approved and recommended to all inspectors. Under this practice a nurserj man, some of whose stock is infected, for example, with the crown-gall, th remainder of it being free, is given a certificate which reads as follows : ‘ Thi is to certify that the nursery stock which bears this certificate, grown upon tb nursery premises of , situated , has been,’ etc. This certificate i issued with the limitation, expressed in writing, that it is not applicable to an of the stock to which objection is made, and on the written promise of the nurs eryman receiving it that it shall not be so applied. “ 4. With respect to a form of certificate for dealers in nursery stock who d not own nursery premises, but wish a certificate from their own State inspectc available for their shipments, the Iowa practice was approved, under which dealer’s certificate is issued as follows : ‘ This is to certify that the nursery stoc for sale by , of , has been inspected,’ etc. Previous to issuing sue a certificate the Iowa inspector requires a statement from the dealer, certifie before a notary, showing all persons from whom said dealer has purchase stock, and containing a promise that if stock is afterwards purchased from othej persons than those on this certified list the inspector will be notified forthwith and opportunity given him to inspect such stock before sale, if so desired. “5. It appeared, upon a comparison of the laws and practices of differei States, that ornamental trees, shrubs, and vines were generally included in ti inspection, if grown for sale, and that strawberry plants were also inspected, held for sale, in New York, Kentucky, Tennessee, Iowa, and Michigan, but nc in Indiana and Illinois. In States having a considerable business in the sale cl cuttings it was deemed necessary that vineyards from which such cuttings well sold should be inspected and certified as nurseries. “ 6. It was generally agreed with respect to the woolly aphis that gradual! increasing pressure should be brought to bear for the reduction of this insect i nurseries, but that no uniform practice could be established because of wic: differences in its abundance in different States. The New York practice of rf the American Association of Agricultural Colleges and Experiment Stations. L “ The undersigned, as chairman of the Chicago conference, was directed to announce this meeting in due time and to act as an executive committee in Jnaking arrangements for it. A preliminary statement to the above effect was ;,ssued January 24, and I have now to add that a meeting of the Society of pfficial Horticultural Inspectors will be held at the Ebbitt House, in Wash- ington, D. C., commencing at 7.30 p. m., Monday, November 11. All official nspectors of nurseries and other horticultural property and all other officers responsible for nursery and orchard inspection are eligible to membership in phis society and are cordially invited to attend this conference. “ The meeting will be devoted to a discussion of matters of general interest relating to the inspection of nurseries and orchards and to the control of dan- gerous fungous and insect pests, including, of course, the San Jose scale. No jformal programme will be prepared in advance, and any member of the con- ference should feel at liberty to propose for discussion any subject within these very general limits. Certain topics are, however, of such general and considerable importance that it will be well to come prepared to discuss them, ,and I take the liberty of suggesting, consequently, the following list as per- tinent to the conference proposed : “ 1. Within what limits of time may nurseries properly be inspected, and what period should the annual certificate be made to cover? “2. What should be the usual form of the certificate? “ 3. What should be the procedure, or form of certificate, in case some part of a nursery is affected by a dangerous fungous or insect pest not of a kind to involve other parts not so affected — if crown-gall, for example, occurs on cer- tain peach stock, no other varieties of trees in the nursery being so diseased? “ 4. What should be the common policy of State inspectors with reference to stock officially inspected and certified in other States? “5. How wide an application should be given to the term ‘nursery stock?’ Should it include herbaceous plants grown out of doors? Should it ever cover greenhouse stock? “ 6. What nursery pests should be regarded as dangerous enough to influence or prevent the granting of a certificate? “ 7. May provision be made for the publication of a practical article on the 206 MEETINGS OF HORTICULTURAL INSPECTORS. principal nursery pests of the country, available for all horticultural inspectors and distributed to all nurserymen and others immediately interested? “ 8. What measures should be taken by horticultural inspectors for the regulation of the business of dealers not owners of nursery premises nor grow- ing their own stock for sale? “ 9. Is National legislation covering nursery inspection desirable and prac- ticable? “ 10. What, in the judgment of the conference, is the best insecticide pro- gramme for orchards infested with the San Jose scale — first, for the official entomologist charged with the destruction of the scale ; second, for the private owner seeking to suppress the scale or to keep it in check? “ 11. What insects or fungous pests of the orchard should be regarded as sufficiently dangerous to the property of others to require suppression by individuals in the general interest? “ 12. What is a sound public policy with respect to the division between the State and the property owner of the costs of a practical operation for the control of horticultural pests? “ Those proposing to attend this conference are respectfully requested to send notice of such intention to the undersigned at Urbana, 111., until November 8, and thereafter to the Ebbitt House, Washington. Special suggestions with regard to topics for discussion will also be very welcome. “ S. X Forbes.” First Annual Meeting. A general meeting of the American Association of Horticultural Inspectors for the United States and Canada was called to order at the Ebbitt House, Washington, D. C., November 11, 1901, at 7.30 p. m., by the chairman, Mr. S. A. Forbes, of Illinois. Mr. Fernald, of Massachusetts, was chosen secretary. Those present during the sessions were : Connecticut, W. E. Britton ; Delaware, W. Webb ; Georgia, W. M. Scott, W. Fiske; Illinois, S. A. Forbes; Indiana, J. Troop; Iowa, H. E. Summers; Mary- land, A. L. Quaintance, J. B. S. Norton, Professor Blodgett ; Massachusetts, H. T. Fernald ; Missouri, J. M. Stedman ; New Jersey, J. B. Smith ; New York, G. A. Atwood ; North Carolina, F. Sherman ; Ohio, F. M. Webster ; Pennsylva- nia, J. Hamilton, E. B. Engle ; Virginia, W. B. Alwood, J. L. Phillips ; Wiscon- sin, W. A. Henry. W. G. Johnson and E. D. Sanderson were also present at a part of the meetings as visitors. On the motion of Mr. Alwood, of Virginia, it was voted that a committee of three be appointed by the chair to report as soon as possible on the advisa- bility of forming a permanent organization. The president appointed Messrs. Smith, Webster, and Summers. On the motion of Mr. Smith, of New Jersey, the question, “ Within what limits of time may nurseries properly be inspected, and what period should the annual certificate be made to cover?” was taken up. After much discussion it was voted, on the motion of Mr. Smith, of New Jersey, that the resolution adopted by the meeting of horticultural inspectors in Chicago on January 4, 1901, bearing on this point be adopted by the society, as follows : That the period of inspection should be determined in each State at the discretion of the inspector, but it was agreed that all peach stock should be inspected as late in the season as practicable, particularly where the surroundings were such as to cause suspicion of the occurrence of the San Jose scale, or where the origin of the buds was either suspicious or unknown. In such cases, if the nursery was FIRST ANNUAL MEETING. 207 uspected early, a late supplemental inspection of the peach stock should be iiade. On the motion of Mr. Alwood, of Virginia, it was voted to be the sense of this onference that a certificate ought not to extend beyond the commencement of he breeding period of the San Jose scale. On the motion of Mr. Webster, of )hio, the question was taken up and discussed and was still under consideration vhen the meeting adjourned till November 12 at 9 a. m. November 12 — 9 a. m. The meeting was called to order by the chairman. Che reading of the minutes was omitted. Mr. Hamilton, of Pennsylvania, of- ered the following resolution, which was adopted : “ Resolved , That in order to arrive at a common understanding as to the best nsecticides to use for the destruction of the San Jose scale in the orchards and mrseries of this country, and in order to secure definite directions for their ipplication, a committee consisting of Messrs. Smith, of New Jersey ; Webster, )f Ohio ; Fernald, of Massachusetts ; Alwood, of Virginia, and Atwood, of New fork, is hereby appointed to prepare a recommendation to be submitted to this issociation for its consideration.” On the motion of Mr. Fernald, of Massachusetts, the question, “ What nursery )ests should be regarded as dangerous enough to influence or prevent the grant- ng of a certificate?” was taken up. After considerable discussion it was rnted, on the motion of Mr. Alwood, of Virginia, “ that each official inspector submit a list of those insects and diseases which he thinks should always lar nursery stock from receiving an official certificate and a secondary list of nsects and diseases of less importance, with terse statements of how he deals vith them.” It was voted, on the motion of Mr. Alwood, of Virginia, that when this meet- ng adjourns it adjourn to meet in joint session with the entomological section )f the general association at 2 o’clock this afternoon and that a further session je held at 7 p. m. The question of the legal right of inspectors to enter private property and inforce treatment against the wishes of the owners was then discussed. The tendency of the discussion — participated in by Messrs. Atwood, of New fork ; Smith, of New Jersey ; Alwood, of Virginia, and Hamilton, of Pennsyl- vania — was to the conclusion that in those States at least it would be illegal to force entry and destroy property without due process of law ; any law giv- ing such power to any individual would be unconstitutional. The topic “ What should be the common policy of State inspectors with reference to stock offi- cially inspected and certified in other States? ” was taken up and was under liscussion when the association adjourned. November 12 — 7.15 p. m. Meeting called to order by the chairman. Com- mittee on advisability of permanent organization reported a recommendation that a permanent organization be not formed, but that another meeting be held in connection with the next meeting of the American Association of Agricultural Colleges and Experiment Stations, and this report was adopted. On the motion of Mr. Summers, of Iowa, it was voted that when this meeting adjourns it adjourn till 9 a. m. November 13, and that the first order of business be the selection of a chairman for the next year. The report of the committee on the resolution offered by Mr. Hamilton, of Pennsylvania, was made as fol- lows : “ The committee, after due consideration, finds itself able to agree upon the following recommendations for treatment: “1. For nurseries: Proper fumigation with hydrocyanic-acid gas after inspection. 208 MEETINGS OF HORTICULTURAL INSPECTORS. “ 2. For orchards : Late summer and fall treatment with dilute solutions o: insecticide soaps, oils, or other effective insecticides to kill young scales winter treatment with insecticide soaps or oils sufficiently strong to kill th< scale and which have been proved safe to trees of all kinds in the region wher< the application is to be made.” The report of the committee was adopted. Further discussion of the fourth topic (common policy of State inspectors^ was laid upon the table till the next session. On the motion of Mr. Smith, of New Jersey, the topic “ What should be thi procedure, or form of certificate, in case some part of a nursery is affected b: a dangerous fungus or insect pest not of a kind to involve other parts not s< affected? ” was taken up for consideration. It was voted, on the motion of Mr Summers, of Iowa, that it is the sense of this body that but one form of cer tificate be used as a rule, so worded as to be applicable to stock sold from nurs cries after some portions have been thrown out as not included in the certifi cate. The topic “ What should be the usual form of the certificate? ” was thei considered at length. On the motion of Mr. Smith, of New Jersey, it was vote< that it is the sense of this meeting that every certificate should specify th date of the completion of the inspection. On the motion of Mr. Summers, i was voted that it is the sense of this meeting that the certificate should b worded in the impersonal form. On the motion of Mr. Smith, of New Jersey it was voted as the sense of the meeting that no insect or fungus should b specifically named in the certificate, but that that portion should read “ fre from dangerously injurious insects and diseases,” etc. The secretary stated that he would prepare and send copies of the record o these meetings to all of those present who desired to receive them. The meeting then adjourned. November 13. — 9 a. m. The meeting was called to order by the chairman The minutes of the previous meeting were read, corrected, and approved. On the motion of Mr. Summers, of Iowa, Dr. S. A. Forbes, of Illinois, wa unanimously chosen as chairman of this body for the next meeting, to be hel< in the fall of 1902. The topic, “ Is national legislation covering nursery inspection desirable an< practicable?” was then discussed. On the motion of Mr. Alwood, of Virginia it was — “Resolved, That it is the sense of this body that the bill providing for na tional control of interstate commerce in nursery stock which has been fre quently indorsed by entomologists, nurserymen, and orchardists and favorabl: reported in both branches of Congress, should be enacted into a law.” “ May provision be made for the publication of a practical article on the prin cipal nursery pests of the country, available for all horticultural inspector and distributed to all nurserymen and others immediately interested? ” wa next taken up. It was voted, on the motion of Mr. Smith, of New Jersey, tha the United States Department of Agriculture be asked to publish such a docu ment. The topic, “ How wide an application should be given to the term ‘ nurser; stock ; ’ should it include herbaceous plants grown out of doors ; should i ever cover greenhouse stock? ” was next considered. On the motion of Mr. Sum mers, of Iowa, it was voted that it is the sense of this body that strawberr; plants should be regarded as nursery stock and included. It was also vote< that grape cuttings be included as a part of stock necessary to inspect. On the motion of Mr. Scott, of Georgia, it was voted that general ornamental' stock grown out of doors be included in all inspections. The topic, “ What meas ures should be taken by horticultural inspectors for the regulation of the busi SECOND ANNUAL MEETING. 209 2 SS of dealers, not owners of nursery premises nor growing their own stock ,r sale?” was then discussed and the present practice in a number of States as explained, but no action was taken on the matter. It was voted, on the motion of Mr. Scott, of Georgia, that when the meeting Ijourns it adjourns to meet not as horticultural inspectors, but with the ento- ological division of the American Association of Agricultural Colleges and xperiment Stations. The topic, “ What is a sound public policy with respect to the division between le State and the property owner of the costs of a practical operation for the >ntrol of horticultural pests?” was then discussed. On the motion of Mr. Scott, : Georgia, it was voted that it is the sense of this body that in all cases when le State makes any provision for the inspection of nurseries these inspections iould be conducted absolutely without cost to the nurserymen. The meeting then adjourned. The opening session was called to order in the Kimball House, October 6, 102, at 7.30 p. m., by the chairman, Mr. S. A. Forbes, of Illinois. Mr. Scott, E Georgia, was chosen secretary for the Atlanta meeting. The following inspectors and entomologists were present at the meeting: Florida, H. A. Gossard ; Georgia, W. M. Scott, W. F. Fiske, and J. C. Brid- ell ; Illinois, S. A. Forbes; Massachusetts, H. T. Fernald; New Jersey, John B. mith ; New York, M. V. Slingerland and V. H. Lowe ; Ohio, A. F. Burgess ; ennsylvania, John Hamilton, George C. Butz, and E. B. Engle ; South Carolina, harles E. Chambliss ; Virginia, J. L. Phillips. On motion of Mr. Gossard, it was voted to take up the topics suggested by le chairman in the order given. The chairman suggested the advisability of a committee to formulate con- tusions from the discussions, whereupon Mr. Smith suggested that the sec- tary or a member could perform this office by offering a resolution at the mclusion of the discussions upon each topic. The latter plan was adopted. On motion of Mr. Smith it was voted to have a morning session the following ay (October 7) as horticultural inspectors and in the afternoon of that day J) meet as entomologists with the section on entomology, American Association gricultural Colleges and Experiment Stations, under the officers of that , x^e first topic on the list — “ Interstate comity with respect to the certifica- 0 . on of nurseries ” — was then taken up. The discussion of this topic was participated in by Messrs. Forbes, Smith, Burgess, Hamilton, Gossard, Fernald, jhillips, and Scott. The tendency of the discussion is expressed in the follow- Jig resolution by Mr. Smith, which was adopted without a dissenting vote : ' “ Resolved , That the examining or certifying officer of each State accept at its ice value the statements made in certificates duly granted under the laws of j ther States, so far as the laws of his own State admit, unless information at j, and creates a reasonable doubt as to the regularity of the certificate or its J pplication.” rT Topic 2 — “ Exchange of communications with reference to receipt of diseased ^ ursery stock originating in other States.” The discussion of this topic was rief, as all present appeared to be of the same mind, viz : That the inspectors of the several States should freely and frankly exchange Second Annual Meeting. :al, is- si- 7418— No. 61 m — -14 210 MEETINGS OF HORTICULTURAL INSPECTORS. communications with regard to nursery infestation, and that each should noti every other of such cases of infestation and attempts at evasion of the laws might from time to time come to his notice.” — Resolution by the secretary unai mously adopted. The session then adjourned until morning. I October 7 — 9 a. m. — The meeting was called to order by the chairman, and t third topic was discussed. | Topic 3 — “ Interstate cooperation for the control of horticultural pests who area of distribution extends across State lines.” In the discussion of tt topic several cases were cited in which it was shown that cooperation was n€ essary to produce the desired results. This question was disposed of by t adoption of the following resolution offered by Mr. Fernald : |. “ Resolved, That interstate cooperation for the control of horticultural peg whose area of distribution extends across State lines is most desirable ai should be as complete as the laws of the States concerned will permit, and th in the treatment of any particular pest preference should be given to such cases | Topic 4 — “ Is it desirable that nurserymen should pay any part, or all, of t expenses of nursery inspection required by law, either directly or as a fee for certificate? ” Mr. Smith and others thought that nurserymen should not pay fee for or bear the expense of the ordinary inspection, but in cases where ext inspections were made for the special benefit of the owner he should pay the e pense thereof. Mr. Fernald agreed, but thought that the nurserymen should required to take out a license at a small fee as a matter of record in the offi of the inspector. Mr. Butz thought it advisable to charge a small fee for tr to tree examinations in cases of infestation, if the owner of the infested nurse desired it. Mr. Smith’s plan was to advise the owner to clean up his nurse before the inspection is made. Mr. Hamilton thought that in justice to t nurserymen no charge should be made for the inspection. Mr. Burgess thoug it inconsistent to make free inspections of nursery stock and charge fees for t inspection of other commodities, such as oil and fertilizers. The discussion was concluded by the adoption of the following resolution Mr. Smith : “ Resolved , That it is the sense of this body that the nurserymen should not required to pay the expense of the ordinary inspection of nursery stock.” i Topic 5 — “ Is it desirable that the entire cost of insecticide or fungici measures required by law should be borne by the owner of the affected prc erty?” In the discussion of this topic the consensus of opinion was that t State should not bear the cost of the treatment of private premises, and the f lowing resolution by the secretary was adopted : “ Resolved, That the entire cost of insecticide or fungicide measures requir by law should be borne by the owner of the affected property.” Topic 6 was passed over for later consideration. Topic 7 — v Lists, reported by members, of nursery pests in their States who continued presence will prevent the certification of a nursery.” Mr. Smitl practice in New Jersey was to withhold certificate from nurserymen whc premises were found infested with San Jose scale, at least until all infestati was eliminated. Stock actually infested with black knot was not certify Yellows could not be detected on nursery stock and was hardly considered as factor in the inspection. Crown gall was inspected for, so far as possible, afli the stock was dug and visibly diseased plants discarded. Woolly aphis — baci infested stock was destroyed. The occurrence of Aspidiotus ancylus, A. forbei and Chionaspis furfurus would not bar the stock. The occurrence of any sc* insect on imported stock would prevent certification, and the presence of Diasm pyricola especially would act as a bar. SECOND ANNUAL MEETING. 211 The session then adjourned to meet as entomologists with the Entomological ,ection of Jie American Association of Agricultural Colleges and Experiment Nations at 2 p. m. October 7 — 8 p. m. The meeting was again called to order by the chairman nd the discussion of topic 7 continued. Mr. Fernald reported that in Massachusetts no certificate would be granted jo long as the San Jose scale, Diaspis pentagona, Aspidiotus, ostreceformis, ypsy month, brown-tail moth, yellows, rosette, or black knot is found infest- ng the stock. Crown gall, he stated, had not so far been found in Massa- husetts. Mr. Gossard reported that it was his practice in Florida to withhold certifi- ate from the owner of premises infested with San Jose scale until the proper teps had been taken to get rid of the pest by fumigation or otherwise. Diaspis entagona occurred in the State, but so far had not been found in the nurseries, fitrus plants are commonly infested with various scale insects, but no definite ction had yet been taken with respect to such cases. White fly was generally istributed as to render restrictive measures against it impracticable, but treat- ment was recommended. In case of crown gall the owners were instructed to destroy all affected plants, nd root-knot infestation was also rejected. Mr. Hamilton stated that the prevailing rule in Pennsylvania was to grant certificate when the nursery was found apparently free from San Jose scale, nd to withhold the same when this pest was found. Mr. Butz, of the same itate, explained further that in cases of crown gall, woolly aphis, and some ther of the more injurious pests the nurserymen were requested to discard adly affected stock. Mr. Burgess reported that in Ohio the presence in a nursery of the San Jose cale, black knot, or peach yellows was sufficient ground for withholding cer- ificate, and that plants infested with woolly aphis or affected with crown gall /ere caused to be destroyed. He stated that the oyster-shell scale was doing onsiderable damage in Ohio, and so far as practicable its dissemination on ursery stock was prevented. Mr. Phillips reported that the practice in Virginia was to withhold certificate |rom nurseries in which San Jose scale, black knot, or peach yellows was found ntil the trouble was effectually eliminated. Peach yellows had not so far been ,ound in the nurseries, but diseased orchard trees in the neighborhood of a iursery were caused to be destroyed before a certificate was granted. The ,ame was true of black knot. He stated further that severe cases of crown all, woolly aphis, and pear blight were not admitted under certificate. Plants ctually showing the presence of such pests were rejected. > Mr. Forbes required the Illinois inspectors to send in a statement of every best found in the nursery, and before a certificate was granted he required [he elimination of the San Jose scale and black knot. Precautions were taken ,o avoid sending out borers, woolly aphis, crown gall, and pear blight. Plants ;nfested with woolly aphis to the extent of causing warty formations on the ,oots were discarded, and so also were plants visibly affected with crown gall. Irown gall was common on apple in Illinois, but was not found on peach. Noticeable infestation of the scurfy scale and bad cases of oyster-shell scale /ere rejected. Mr. Engle, of Pennsylvania, suggested that in these discussions one important nsect — the black peach aphis — had been overlooked, and that, in his opinion, ill inspectors should rule against this pest. Mr. Scott stated that in Georgia the presence of the San Jose scale, Diaspis wntagona, black knot, or rosette would prevent the certification of a nursery ; 212 MEETINGS OF HORTICULTURAL INSPECTORS. that stock seriously affected with crown gall, root knot, or woolly aphis wai not allowed to be sent out under certificate, and that stock infested with thi cherry scale, scurfy scale, or oyster-shell scale was caused to be properly treated before it was sent out It had been his practice in suspicious cases to have th< stock inspected on the heeling grounds for crown gall, woolly aphis, and seal insects. Referring to the statement by Mr. Forbes that in Illinois crown gall wa found only on apple, Mr. Phillips stated that the same was true in Virginia Mr. Scott stated that in Georgia this disease was equally common on peacl and apple, while Mr. Smith’s observation was that in New Jersey it was con fined entirely to the peach, and Mr. Gossard stated that the same was true fo Florida. The discussion of this topic being concluded, Mr. Smith moved that th chairman appoint a committee of three, including himself, to whom shall b intrusted the duty of comparing all existing laws concerning insect contrc in nursery or orchard, who shall suggest points to be covered in State legish tion, and who shall formulate suggestively uniform State and Federal legis lation to regulate nursery inspection, interstate traffic, and orchard contro Report to be made at the next meeting of this body. At the suggestion of Mr. Fernald the motion was so amended as to couple th word “ disease ” with that of “ insect.” The motion was then adopted a amended. Topic 9. — “A statement by each member of the procedure taken in his Stat in cases of nursery infestation with scale or other dangerous pests.” Mr. Sco" stated that the Georgia law prohibited the certification of a nursery when an portion of it was found infested with San Jose scale or like pests, and that t had disposed of such cases according to the individuality of the nurseryma as well as the circumstances attending the case, in the following manner: Case 1 . — A portion of a large nursery was found infested with San Jose seal and, as agreed to by the owner, its customers were notified of the exact cond tions, with assurance that the stock actually infested would be burned and tt remainder fumigated under supervision. To the surprise of both the owner an himself not a single order was countermanded, and practically the entire stoc was disposed of at the customary prices. Case 2 .— Upon the inspection of a certain nursery a single specimen of Sa Jose scale was found upon a plum leaf, and in spite of a most careful examin; tion no further infestation could be found at that time. A second inspection { the heeling grounds revealed a slight infestation of a dozen or more tree which were thrown out. The owner would not agree to the notification of h customers as in case 1, and a certificate to cover the contents of each box wi issued after a list to whom the stock was intended to be shipped was furnishe Other cases were treated similarly. Case 3— In this case the nursery was located in a section where practical all the orchards were infested, and the fruit interest was sufficiently great demand all the stock grown in this nursery. The certificate issued set forth tl facts, viz, that San Jose scale was found in a portion of the nursery and th; the proper steps had been taken to eliminate it. Under this certificate all tl stock (except apples, which they made no attempt to sell) was disposed of market prices. In Pennsylvania Mr. Hamilton required under affidavit the attachment of* statement of fumigation to each shipment. In Florida Mr. Gossard requires a thorough cleaning up by destruction f trees actually Infested and the fumigation of the remainder. SECOND ANNUAL MEETING. 213 In Illinois Mr. Forbes did not require the fumigation of the entire stock when scale was found in an isolated portion of the nursery unless the indications were that there had been a general spread of the scale. However, fumigation was required for the infested portions or for the entire stock when the infesta- tion was general. In New Jersey Mr. Smith required the fumigation of the entire stock when scale was found in the nursery, but under no circumstances did he allow ship- ments of stock from infested nurseries to go outside the State. However, he Sid not restrict the sale of such stock within the State. In Ohio Mr. Burgess destroyed all infested stock and requires the fumigation of such as is dangerously near. In Massachusetts Mr. Fernald gave the owner the option of fumigating or destroying the infested stock and in cases of general infestation a fumigation affidavit was required. Mr. Fernald then offered the following resolution : “ Resolved, That in the opinion of this meeting nursery stock fumigated according to accepted requirements should be considered as satisfactory as stock sold under certificates of inspection only.” Mr. Phillips thought that the adoption of this resolution might give fumiga- tion a stronger indorsement than it deserved unless it was intended that inspec- tion should always be coupled with it. He related an instance in which a bundle of infested stock was placed at the back end of a fumigating house opposite the point where the gas was generated. The house was then filled and charged, with the result that the scales came through unharmed. Mr. Scott wished to know if the resolution carried the meaning that fumigation should take the place of inspection. Mr. Hamilton and Mr. Fernald explained that the resolu- tion was not to be so construed. After very little further discussion the resolu- tion was adopted without a dissenting vote, and the session then adjourned to reassemble immediately after the adjournment of the section on entomology of the American Association of Agricultural Colleges and Experiment Stations on the 8th. October 8 — 12 m. After calling the meeting to order the chairman asked if it were desirable to continue the organization, whereupon Mr. Smith stated that in his opinion no organization of entomologists was accomplishing so much as this one and that the work had only begun. He moved that the association meet next year at the same time and place as the American Association of Agricultural Colleges and Experiment Stations. The motion was carried and sMr. Fernald nominated Mr. Forbes chairman for next year. Mr. Forbes was unanimously reelected. He accepted on condition that a vice-chairman be elected, so that in case of his enforced absence from the meeting the chair would be filled. Mr. Smith was put in nomination and elected vice-chairman. : The chairman then read a letter from Mr. Atwood, of New York, giving a Ijstatement of the practices in that State with reference to the topics under dis- cussion at this meeting. it Topic 8 — “ Statements by members of their recent experience and observations ajwith respect to the relative practical values of insecticides for the San Jose ijscale.” This topic was treated by Mr. Smith in a paper before the section on a entomology, the discussion of which was continued by the horticultural inspect- ors after the adjournment of that section. j Mr. Fernald then reported upon some experiments which he recently made in (Massachusetts and which represented the most extensive work against the San oiJose scale ever done in New England. The discussions were participated in by nearly every one present, were quite lengthy, and tended to show that the 214 MEETINGS OF HORTICULTURAL INSPECTORS. petroleum oils, whale-oil soup, and lime-salt-sulphur wash constituted the stand- ard remedies for the San Jose scale in orchards. The meeting then adjourned. Third Annual Meeting. u The association met at 9 a. m., Tuesday, November 17, 1903, at the Shoreham. ,r. In the absence of the chairman, Prof. S. A. Forbes, the body was called to order T by the vice-chairman, Dr. J. B. Smith, of New Jersey. J. B. S. Norton, of Maryland, was elected secretary. The following inspectors and entomologists were in attendance at the meet- I ing: R. S. Mackintosh, Alabama; W. E. Britton, Connecticut; Wesley Webb, ir Delaware; H. E. Summers, Iowa; J. B. S. Norton, T. B. Symons, Maryland ; es F. C. Washburn, Minnesota; C. M. Weed, New Hampshire; J. B. Smith, New:: Jersey ; E. P. Felt, G. A. Atwood, New York ; A. F. Burgess, Ohio ; H. A. Sur- ce face, E. B. Engel, Pennsylvania; W. B. Alwood, Virginia; W. E. Rumsey, F. C. or Johnson, West Virginia. The United States Department of Agriculture was also represented by Messrs, ife Scott, Hopkins, Wilcox, Piper, Marlatt, and Kotinsky, and W. G. Johnson, of a the American Agriculturist, was also present. The time for further meetings was set at 9 a. m. and 2 p. m., when not con- • flicting with the meetings of the Association of Agricultural Colleges andar Experiment Stations, until the business of the association was completed. The report of the previously appointed committee on legislation was given m by Doctor Smith. The committee made no formal report, but reported progress. I The questions announced on the programme were taken up for discussion, as e follows : Question 1 — “ What provisions in our inspection law will be likely to prov( it unconstitutional if attacked?” The question was discussed by Messrs. Atwood, Scott, Norton, Rumsey, Bur gess, Washburn, and Alwood, and Doctor Alwood was appointed to draft resolu j tions on the question discussed. The subjects of fumigation, license, destruction of property, and discrimina tion against parties in other States were taken up and discussed. Adjournment. The next session was held at 2 p. m., Tuesday. The following resolution; were reported by Doctor Alwood, and were adopted : “Resolved, That it is the opinion of the American Association of Horticul tural Inspectors that no State law should contain any provision which in an? way discriminates against nurserymen of other States. “Resolved, further, That no State should make fumigation or other treat ment of nursery stock a condition precedent to its admission into that State but that a requirement that no stock shall be distributed within the State unti it has been fumigated or otherwise treated is just and proper whenever a simila requirement is made of local nurserymen.” Question 2 on the programme— ” The attitude of nurserymen’s association toward inspection laws ” — was taken up for discussion. The reports of th National Nurserymen’s committee on the subject were read as published in th» National Nurseryman. The subject was discussed by Messrs. Smith, Alwood, Scott, Atwood, Nortor and Burgess. The discussion showed a general tendency of nurserymen and inspectors t cooperate in the suppression of insect pests and plant diseases, although som friction frequently arises. THIRD ANNUAL MEETING. 215 The question of the part which is taken by professional scientists in connec- Dn with the enforcement of inspection laws was discussed, and the following solution adopted : “ Resolved , That in the opinion of the American Association of Horticultural ispectors the specialists employed under the crop-pest laws of the several :ates ought not to be required to attend to the details of prosecution, either vil or criminal, which may arise through violation of these laws.” The third question — “ To what protection is a nurseryman entitled as against ale infested surroundings?” — was discussed by Messrs. Symons, Alwood, nith, Britton, Weed, Norton, Scott, Wilcox, Summers, and Piper. The trend of the discussion was that it is hardly feasible to attempt to keep irsery stock free from scale with infested surroundings, but that the authori- as in charge of the suppression of these insects should protect the nurserymen > much as possible against infested surroundings, and in some States the prac- ae has been to commence cleaning up infested orchards and premises around irseries. It was thought that while it is necessary that nursery premises lould be kept more clean than others the nurserymen deserve protection from festation from adjoining premises. Adjournment. The next session met at 9.15 a. m., Wednesday. Question 4 — “ What is the status of fumigation in justifying the sale of irsery stock exposed to infestation?” — was discussed by Messrs. Engel, Brit- n, Mackintosh, Norton, Webb, Summers, Smith, Atwood, Burgess, Surface, umsey, Johnson, Symons, Weed, and Felt. It was the expression of the members that fumigation was the best safeguard e now have against infestation, but many thought an inspection by which sibly infested trees would be thrown out was advisable, since fumigation can >t always be made absolutely effective. Special care should be taken that te materials used in fumigation are of the proper strength, and if possible tey should be used under the supervision of competent authority. The question of the effectiveness of fumigation against woolly aphis was scussed, with the decision that it was a perfect safeguard except against ie eggs of this insect, which are not killed by it. The question of what should be done in infested orchards was discussed, lowing a wide range of recent experience in the East with the lime and sulphur ash which is now being much recommended as the most effective treatment for ale in orchards in the East. The effectiveness of this treatment against the leaf curl and other fungus r seases was brought out. A motion was carried to continue the organization under the following offi- ; >rs : S. A. Forbes, chairman ; John B. Smith, vice-chairman, and J. B. S. Norton, ;|icretary. il Adjournment. r The next session was held at 4 p. m. Various questions concerning San Jose ale, and the use of the lime and sulphur wash were discussed by Messrs. Wasli- sirn, Weed, Surface, Scott, Piper, Smith, Summers, Felt, and Alwood. e A motion was carried that the association advise the use of the formula 1-2-4 e fumigating with hydrocyanic-acid gas. The following resolutions were adopted : Qi “ Whereas during recent years the dissemination of certain species of insects id fungi on nursery stock has resulted in the rapid spread of injurious insect to ists and plant diseases ; and U “ Whereas many of the States of the United States and the Dominion of MEETINGS OF HORTICULTURAL INSPECTORS. 216 Canada have now passed laws designed to protect purchasers of nursery stocl I from injury and loss by reason of infested or diseased nursery plants; and f “Whereas the enforcement of these laws has been in some instances con sidered hurtful to the interests of nurserymen and has led to some antagonism * Therefore, “ Be it resolved hy the American Association of Horticultural Inspectors , That while they consider that the enforcement of reasonable crop pest laws i \; imperatively needed, both for the protection of the nurserymen and the frui \ growers, they also believe that it is now possible, in \iew of the large experi ence and data at our command, so to frame the inspection laws and regulation 4 for their execution as to protect the interests of both the nurserymen and th fruit growers; Therefore, 1 “ Be it further resolved, That we invite such conference with the officu nurserymen’s associations as will lead to better relations, and so far as practh b able to uniformity of practice on the part of the official inspectors.” Mr. Kotinsky, of the Division of Entomology, presented a review of Russian paper on the inoculation of trees for the prevention of attacks b 8 insects and other fungi. Adjournment sine die. Fourth Annual Meeting.® The association met with the Association of Agricultural Colleges and Expei ment Stations at the Shoreham, Washington, D. C., November 14-16, 1905. The meeting was attended by 33 persons, 22 States and the District of Colui bia being represented. Those present were : R. S. Woglum, Raleigh, N. C. ; S. A. Forbes, Urbana, 111.; H. E. Summer Ames, Iowa; Wesley Webb, Dover, Del.; W. E. Rumsey, Morgantown, W. Va Wilmon Newell, Shreveport, La. ; J. B. S. Norton, College Park, Md. ; O. E. Sten Kingston R. I. ; L. R. Taft, Agricultural College, Mich. ; E. P. Taylor, Urban 111 • George G. Atwood, Albany, N. Y. ; L. O. Howard, Washington, D. C P L Hulsted, Blauvelt, N. Y. ; C. P. Gillette, Fort Collins, Colo. ; J. L. Ph lips, Blacksburg, Ya. ; A. L. Quaintance, E. V. Wilcox, Washington, D. <3 R. I. Smith, Atlanta, Ga. ; E. P. Sandsten, Madison, Wis. ; James Trod Lafayette, Ind. ; John B. Smith, New Brunswick, N. J. ; R. W. BrauchJ Neoga, 111. ; Fred E. Brooks, F. C. Johnson, Morgantown, W. Va. ; Gordon 1 Bentley, Knoxville, Tenn. ; E. D. Sanderson, Durham, N. H. ; A. F. Burge*, Columbus, Ohio; A. B. Gahan, College Park, Md. ; C. L. Marlatt, Washingtcj* D. C. ; Charles E. Chambliss, Clemson College, S. C. ; H. A. Surface, Harrisbutj Pa. ; T. B. Symons, College Park, Md. ; R. S. Mackintosh, Auburn, Ala. The meeting was called to order at 10.20 a. m., Tuesday, by Chairman ForhfJ The minutes of the previous meeting were read by the chairman and jH proved. On motion representatives of the National Nurserymen’s Association wd allowed access to the meetings and all discussions of general interest. Mr. Albertson, president of the American Association of Nurserymen, sponded in a few words and, thanking the association, asked for a hearing latJ The topics announced for discussion were taken up. The first discussion was on uniformity in nursery inspection laws and requii- ments concerning fumigation. The discussion resulted in the adoption of the following resolution : « No meeting of the association was held in 1904. FOURTH ANNUAL MEETING. 217 “ Resolved, That it is the sense of those present that all nursery stock be fumigated before being planted.” An amendment to except regions where San Jose scale is believed to be absent was lost. After adjournment the association met at 4 p. m. and took up the discussion of the license system for nurserymen. The discussions were participated in by Mr. Albertson and Col. C. L. Watrous, representing the American Association of Nurserymen. The following resolutions were adopted : “ Resolved, That the former action of this association, that nurserymen should not be required to pay the ordinary expenses of inspection, be reaffirmed. “ Resolved, That it is the sense of those present that it is unjust for the authorities of any State to charge a license fee of nonresident nurserymen. “ Resolved, That it is the sense of those present that it is undesirable to estab- lish a license system for resident nurserymen of a State.” The tag system for outside nurserymen as required by some States was dis- cussed — in particular, the hardships to nurserymen from lack of uniformity in the same — and a committee, consisting of Messrs. Taft, R. I. Smith, Sanderson, Burgess, and Mackintosh, was appointed to consider the question of uniformity of tags and report at this meeting. The question was asked in sending out duplicate certificates as required by some States whether the inspecting officer furnish them or the nurserymen. Discussion showed that both systems were used in different States. After adjournment the association met again at 7.30 p. m. The distribution of San Jose scale in the nurseries and orchards was dis- cussed for the respective States by the various representatives present, each giving an account of his methods of inspection and granting certificates and procedure in case infestation is found. After adjournment, met again at 9 a. in., Wednesday. A motion was carried to proceed to election of officers at the opening of the afternoon session. The secretary was directed to have published all formal action taken at this meeting in the National Nurseryman and send abstracts to the members of the association. The committee on uniform tags gave its report, and on motion the discussion was made the second order for the afternoon session. The question of recent additions to our knowledge of insecticide measures ' against the San Jose scale was discussed. The general opinion was that the 5 lime-sulphur wash is the cheapest and best, though some had good results with > recent patent compounds. [ The time for nursery inspection was discussed, and showed considerable variation. No new action was taken on this subject, e A committee of three was appointed to design a form for a uniform certifi- i cate and to prepare a list of pests to be considered in nursery inspection and report at the afternoon session. ?| After discussion of what constitutes a nursery the following resolution was adopted : “ Resolved , That a nursery, in the inspector’s sense, is a place where hardy e fruit and ornamental trees, vines, shrubs, or plants are grown for sale or dis- tribution.” if The attitude of commercial fruit growers toward inspection work for control of San Jose scale was discussed, and showed much interest toward keeping down the pest and preventing its introduction, but no alarm in regions where ' the scale has long been introduced and methods of control have it well in hand. 218 MEETINGS OF HORTICULTURAL INSPECTORS. Information from various person's present showed that orchard inspection is * carried on in six States. On inquiry it did not develop that the scale has had much influence on prun- ing methods. . A paper by Prof. H. T. Fernald on “ Inspection for gypsy and brown-tail moths ” was read by the secretary. Adjournment to 1.30 p. m. On reassembling the election of officers resulted in the following : S. A. Forbes, chairman; John B. Smith, vice-chairman; A. F. Burgess, secretary. The report of the committee on uniform tags was taken up and adopted, as follows : “ Resolved , That a committee of three be elected by ballot by this association to have charge of the issuing of one tag good to admit nursery stock into all States requiring tags. Said committee to elect a secretary, who shall secure a statement from the official inspectors of the State of each nursery wishing to do interstate business as to the exact conditions of the said nursery, and, if sat- isfactory, to issue the nurserymen the official tags of the committee at such cost as the committee may decide. In case the conditions of such nursery are such as to make allowing his interstate business doubtful the statement of the con- dition must be submitted to all members of the committee. The committee also recommends that a designated color of tags or certificates be used by this committee, and a separate color by all State inspectors for all other shipments of nursery stock not using interstate tags for each shipping year. And we recommend the adoption of this measure by all boards of control or States involved.” The specified committee was then elected by ballot, those receiving the highest number of votes being chosen, viz : S. A. Forbes, L. R. Taft, and A. F. Burgess. Professor Taft having resigned, R. I. Smith was elected in his place on the committee. On motion, the association voted to adjourn at the end of the Thursday morning session. The following resolution was adopted, with instructions that the Secretary appoint the secretary and two others as the stated committee : “ Resolved , That the American Association of Horticultural Inspectorsjt through its secretary, respectfully requests the honorable Secretary of Agri culture that a revision of Bulletin No. 13, New Series nf Entnmnlosrv. be published, giving brief explicit directions to nurserymen as to the method of compliance with the laws or regulations of each State, and the regulations oil States in addition to their laws, and that the previous and present proceedings! of this association be published in this bulletin, the same to be edited by i| committee of this association and published under the supervision of the Chie| of the Bureau of Entomology.” After discussion of crown gall the following resolution was adopted . “ Resolved , That it is the sense of those present that in the present state o our knowledge regarding crown gall it is advisable that all nursery trees am plants showing evidence of this disease at digging time should be destroyed. The treatment for woolly aphis in the nursery was discussed. Most inspect; ors require them to be thrown out ; some practice dipping. The following resolution was adopted : “ Resolved , That the American Association of Horticultural Inspectors urge ample appropriations by Congress to control the spread of the gypsy moth ; am, “ Resolved , That this be communicated to the honorable Secretary of Agri FOURTH ANNUAL MEETING. 219 ulture and to the chairmen of the Committees of Agriculture of the House of tepresentatives and Senate of the United States by the secretary of this asso- iation ; and “ Resolved , That a committee of this association be appointed, which shall ooperate in drafting and aid in every way possible the passage of such legis- ation, and report at the next meeting of this association.” After which, adjournment was taken to 9 a. in., Thursday. On Thursday morning, after discussion, the report of the committee on uni- orm certificate was adopted, as follows : “ Resolved , That the following form shall be the uniform certificate for adop- ion : “ ‘ This is to certify that, in accordance with chapter , the nursery stock or sale by , of , has been inspected by a duly authorized nspector and has been found apparently free from dangerously injurious nsects and plant diseases.” “ ‘ Invalid after July 1, 190 — .’ ” On motion, the committee was continued to prepare a uniform list of pests. Professor Forbes reported, for the recently elected tag committee, the great fifficulties of putting into practice the required duties of the committee. The following resolutions were adopted, after which the association ad- ourned : “ Resolved by the American Association of Horticultural Inspectors, That whereas a committee of the American Association of Nurserymen has at this aeeting requested that a delegation from this association be instructed to attend he annual meeting of the said Nurserymen’s Association, at Dallas, Tex., June 3-15, 1906, to consider matters of vital common interest relative to the regu- ations concerning the control of nursery stock, the appointment of Professor Newell, of Louisiana ; Professor Smith, of Georgia, and Professor Mackintosh, •f Alabama, be made to form such a delegation, and that the proper boards in heir respective States be informed of this action, with the recommendation that provision be made by them for the expense incident in attending the aforesaid joeeting. i “ Resolved, That the time and place of our next meeting be left to the officers if this association.” ■ INDEX. Page. L leyrodes citri ( see also White fly) 145 inthonomus grandis ( see also Boll weevil) 35,58,117,139,145 Lnthracnose 203 Lphis, black peach 211 woolly (see also Schizoneura lanigera) 88, 157, 203, 204, 210, 211, 212, 215, 218 Arsenic 120-121 ispidiotus ancylus 210 forbesi ( see also Scale, cherry) 210 ostreceformis 211 permiciosus ( see also Scale, San Jose) 11-12, 35, 58, 117, 134, 139, 145, 157, 178 4 ulacaspis pentagona (see also Diaspis pentagona and Diaspis amygdali) _ 139 Bat, fruit-eating. (See Pteropus and Flying fox.) Bees, protection against sprays 24, 89 Black brood. (See Foul brood.) knot (see also Plowriglitia morbosa ) 73-74, 88, 101, 110, 111, 126, 141, 145, 157-158, 168, 203, 210, 211 Blight, fire. (See Blight, pear; also Micrococcus amylovorus.) pear (see also Micrococcus amylovorus ) 27, 62, 65, 73-74, 151, 152, 153, 211 Boll weevil (see also Anthonomus grandis ) 9,34-35, 38-39, 55-60, 78-80, 108-109, 118-119, 128, 134, 139, 140-141 Brown-tail moth 61,67-70,211,218 Jankerworm 71, 73-74 Cherry scale. (See Scale, cherry.) Ghionaspis furfurus (see also Scale, scurfy) 210 Codlin (codling) moth 18,90-91,99 Cotton boll weevil. (See Boll weevil and Anthonomus grandis.) Crab, land 43 Crown gall (see also Dendropliagus globosus and Root gall) 88, 126, 134, 139, 141, 145, 151, 152, 153, 157, 205, 210, 211, 212, 218 Dendrophagus globosus (see also Crown gall and Root gall) 12,35,117,178 Diaspis amygdali (see also Diaspis pentagona and Aulacaspis penta- gona) 11-12,117 pentagona (see also Diaspis amygdali and Aulacaspis penta- gona) 35,145,211 pyricola 210 Fire blight. (See Blight, pear; also Micrococcus amylovorus.) Flying fox (see also Pteropus) 21,123 Fruit-eating bat. (See Pteropus.) Fruit flies 42 Foul brood 184-200 Grasshopper 77-79, 109 Gypsy moth 61,67-70,211,218 Hydrocyanic-acid gas® 207,215 Kerosene emulsion 152, 204 Land crab. (See Crab, land.) 0 Also mentioned on many pages of this bulletin in various State laws relating to fumigation. 22 1 222 INDEX. Pag' Leaf curl 21 Lime-sulphur wash 152,214,215,21 London purple 120-12 Micrococcus amylovorus ( see also Blight, pear) 15 Mongoose 2 Mytilaspis citricola _ 14 pomorum ( see also Scale, oyster-shell) 17 Oils, insecticide 20 petroleum 21 Oyster-shell bark louse. (See Mytilaspis pomorum and Scale, oyster- shell.) scale. ( See Scale, oyster-shell; also Mytilaspis pomorum,) Paris green 21-22, 120-12 Peach and plum rosette. (See Rosette.) aphis, black. (See Aphis, black peach.) little 73-74, 10 rosette. (See Rosette.) tree borer 11 yellows. (See Yellows.) Pear blight. (See Blight, pear; also Micrococcus amylovorus.) Plum and peach rosette. (See Rosette.) Plowrightia morbosa (see also Black knot) 12,35,117,134,139,157,17 Pteropus (see also Flying fox) 4 Purple scale. ( See M ytilaspis citricola. ) Rabbits, English or Australian 21, 12 Root gall. (See Crown gall and Dendrophagus globosus.) knot 88, 21 Rosette 12, 1 c 21, 35, 46, 50-51, 54, 73-74, 81, 117, 122, 134, 139, 145, 151, 153, 203, 21 Russian thistle. (See Salsoli kali, var. tragus.) Salsoli kali, var. tragus 1 Salt wort. ( See Salsoli kali, var. tragus. ) San Jose scale. (See Scale, San Jose; also Aspidiotus perniciosus.) “ Scale bug ” 90-91, 9 Scale, cherry (see also Aspidiotus forbesi) 21: new peach. (See Diaspis amygdali , Diaspis pentagona, and Aula- caspis pentagona.) oyster-shell (see also Mytilaspis pomorum) 203,211,21! purple. (See Mytilaspis citricola.) San Jose (see also Aspidiotus perniciosus)- 13,25,27,47^19,49-51,51-52 53-54, 58-60, 61, 62, 65, 71-74, 81, 88, 101, 103, 105, 106, 107, 110, 111 114, 126-128, 133-134, 141, 143-144, 145, 147, 152, 157, 158, 159, 160, 16£ 171-173, 177, 178, 201, 203, 204, 205, 206, 207, 210, 211, 212, 213-214, 211 scurfy (see also Ghionaspis furfurus) 203,205,211,21: Schizoneura lanigera (see also Aphis, woolly) 12, 35, 117, 134, 139, 145, 157, 17 Scurfy scale. (See Scale, scurfy; also Ghionaspis furfurus.) Soaps, insecticide 208, 21- Sulphur 120-12 White fly (see also Aleyrodes citri) 21! Woolly aphis. (See Aphis, woolly; also Schizoneura lanigera.) Yellows— 12, 13, 21, 27, 35, 46, 50-51, 54, 62, 65, 71, 73-74, 81, 101, 110, 111, 111 117, 122, 126, 134, 139. 141, 145, 151, 153, 157-158, 168, 203, 210, 21 : o UNIVERSITY OF ILLINOIS-URBANA 630UN3ENN.S. C003 BULLETIN. N.S. WASHINGTON 61-66 1906/07 2 017670974