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Les diagrammes suivants illustrent la mAthode. ■" OaiM t WW a^iWiaftwtijfttHt^jfe^gtU- Bu -<'*/,• mmmm BULLCTIN No. 33. U. S. DEPARTMENT OF AGRrCULTURE. DIVISION OF ENTOUOLOOY. LEGISLATION AGAINST INJURIOUS INSECTS;. A COMPILATION OF THE LAWS AND RBGULATIONS IN THE UNITED STATES AND BRITISH COLUMBIA. BT t. O. HOWARD XXTOUOhOQlST. .!";, \^^.%: '('■y .-•; V m s PUBU8HKD VNDKR THE AUTHORITY OF THK 81K3BSTART OF AOEIGULTURB. 4n •»■ ', WASHINGTOK: OOVBBNHENT PBINTINO OPFIOa. 1806. 1 OJ ii b ii M LETTER OF SUBMITTAL. f U. 8. Depabtit-'nt of Agbioultttbe, Division of Bntomolooy, Washington, D. C, January 15, 1895. SiB: I have the honor to submit for pnblicatiou Bulletin No. 33 of this division. It comprises the comparatively recent legislation in Reveral States against injurious insects. These laws have been brought together for the information of agricultural and horticultural societies which may be considering the desirability of such legislatiou in their respective States. BespectAilly, L. O. Howabd, Entomologi»t. Hon. Chas. W. Dabney, Jr., Acting Secretary of Agriculture. 8 I' ■J 13 ft •«4'. Laa $- CONTENTS. f LlOItLATinN AOAINHT iNJIRIOI'l* InnKCTN— f$f^ PHKrACK 6 CALirORMIA— An act to protect andproinot« the borticnitnral intereata of the State. 7 An act to create and eatablish a State board of horticultufp, etc 8 Thetopinion of the Attorney-General on the validity of the connty horticultural law 11 An act amending an act to create a Htate board of hortioaltnre 11 An act to prevent the spreading of fmlt and iVnit-tree pesta and die- easea, and to provide for their uxtirpntiou 12 An ordinance for the deHtrut-tion of insects injurious to ttnit and iViiit treoH. [Keconimendcd for adoptiou.] 13 An act to protect and promote the horticultural interests of the State. 14 Hnperior court decision concerning county boards of horticulture 16 ORxaoN— An act to create a State board of horticulture u ' to appropriate money therefor 18 An act to detlne certain powers and duties of th( State board of hor- ticulture 21 An act to prevent the sale * * * and tran> ^.^rtation of iofnoted fruit or trees • * • 22 An act to create the office ind define the duties "f tn^tn hortionltaral inspector » • • 28 WASHIXaTON 26 Idaho— An act to protect and promote the horticultural interests of the State and to destroy insect pests in orchards and elsewhere J7 New Jbrsry— An act to prevent depredations by insects, etc 28 COLOBADO — An act to create State and connty boards of horticulture 30 Regulations established by the State board 31 British Columbia— An act to consolidate and amend the acts respecting the provincial board of horticulture S3 Provincial board of horticulture, rules and regulations 36 Proposed amendments .' 89 MiSSOCRI— Emergency laws against the Rocky Mountain locust or Western grass- hopper 39 KaNsa»— An act to provide for the destruction of grasshoppers, etc 40 An act providing for a concert of action by senatorial districts for the destruction of grasshoppers 40 Minnesota- An act to provide for the destruction of grasshoppers and their eggs. . 42 Nbbrabka— An act to provide for the destruction of grasshoppers 44 LKOISLATION against "foul BBOOV' ' — New York... ,, , 45 Utah... 45 6 ^^ ;^^a£i*V.«^^>-r*ft PREFACE H- The necessity for the passage of laws euforcing insecticide work and providing for the inspection and quarantine of trees, shrubs, fruits, and other objects uiwn which injurious inse<;ts may be intrmluced from abroad, is no greater at the i)re.sent time than it has been for many years, but the attention of agriculturists and horticulturists is now being directed toward this necessity in a very marked degree. State bodies of horticulturists have discussed the (luestion at recent meet- ings, and there is evidentic of a strong demand for such a <;oni])ilation as this bulletin aims to be. The publication in this form of all the regulations which have been enacted or proposed will tbrm an easy source of information for those persons who may be engaged in the drafting of other regulations having the same object in view. They need to be able to ascertain readily what has been done by other States. It would be desirable, if possible, to include in this bulletin the insect legislation of New Zealand, the Australian colonies, and the Cape Colony, as well as to give important iK>iuts relative to the laws which have been enforced in the cases of locust invasion in Bussia, in Cyprus, in India, in Algeria, in South Africa, and in the Argentine Republic. Copies of these laws, however, are not at hand, and while an attempt has been made to secure them, it has been thought best to put the American laws in print at once, for possible immediate use. State regnlations regarding the Kocky Mountain locust or Western gra8shopi)er, while adopted for the specific purpose of fighting a par- ticular insect at a i)articular time, are nevertheless added, as s&ggest- ing good legislation which may be adopted in any future emergency. While we have no anticipation of another locust outbreak in the near future, local damage to a serioaa amount is liable to be brought about almost any year; witness the settling of a swarm of the liocky Moan tain locust in Ottertail County, Minn., in 1.891, and the great damage done during the summer of 1894 in Roanoke County, Va., by the American locust, an account of which is given in Insect L'fe, Vol. VII, No. 3. Although hardly coming within the scope of the title of the bulletin, two sample laws against the disease of the hive bee known as " foul brood "aie introduced. ^ ^ „ L. O. H. 6 tmmm ■■ imawMM LEGISLATION AGAINST INJURIOUS INSECTS. ;icide work and sLrubs, fruits, ntroduced from been for many Ituriste is now degree. State it recent meet- h a (!<>in])i]ation form of all the II form an easy [engaged in the in view. Tliey done by other in this bulletin olouies, and the ive to the laws m in Bttssia, in the Argentine land, and while thought best to nediate uho. ust or Western lighting a par- led, as sOggest- ire emergency, eak in the near brought about I Rocky Moan- great damage r, V'a., by the Life, Vol. VII, >f the bulletin, lown as '< ibul L. O. H. CAMPORNIA. Chaitkr LXXV. An net t« prat<>ct and promote the horllcnltiiral IntereiilH of tho State. Tkeptopieof the SUite of California, repre»«Hied in »eHale and anseinblii, do enact at /olloH>$: Skction 1. Whenever a petition is presented to the board of supervisors of uiiy county, and signed by Ave or more persons who ure resident freeholders and possess- ors of an orchard, or both, stating that certain or all orchards, or nurseries, or trees of any variety, are infected with scale bug, codlin moth, or other insects thut are destmctive to trees, and praying that a commission be appointed by them whose dnty it shall be to supervise their dostrnctiou, as hereinafter provided, the board of supervisors shall, within twenty days thereafter, select three commiMioners for the coanty, to l'" ^■'nown as the county board of horticultural commissioners. The board of superviaors may till any vacancy that may occur in said commission, by death, resignation, or otherwise, and appoint one eommissioner each year, one month ur thereabouts previous to the expiration of the term of oflSoe of any member of said commission. The said commissioners shall serve for a period of throe years from the date of their appointment, except the commissioners first appointed, one of whomshuU serve for one year, one c f whom shall serve for two years, and one of whom shall serve for three years from the date of appointment. The commissioners Arst appoi nted shall themselves decide, by lot or otherwise, who shall serve one 5'ear, who two u , years, and who three years, and shall notify the board of supervisors of the result ^ of their choice. Sbc. 2. It shall be the dnty of the county board of horticultural commissioners in each county, whenever they shall be informed by complaint of any person residing in snob county, that an orchard, or nursery, or trees, or any iVnit-packing house, storeroom, sale room, or any other place in their jurisdiction, is infested with scale bug, codlin moth, red spider, or other noxions insect liable to spread contagion dangerous to the trees or firait of complainant, or their eggs or larvtH, injurious to the flruit or ftnit trees, they shall cause an inspection to be made of the said premises, and, if found infected, they shall notify the owner or owners, or the person or peritons in cLarge or possession of the said trees, or places, as aforesaid, that the same are iufeci«d with said insects, or any of them, or their eggs or larvic, and shall require sue!, person or persons to disinfect the same within a certain time to be speciHed. II, within such specified time, such disinfection has not been accomplished, tlio said penioii or persons shall be required to make applicaiiion of such treatment for the pnrt^Kise of destroying them as said commissioners shall presc. 'be. Said notices may be served upon the person or persons owning or having charge or possession of such infested trees, or places, or articles, as aforesaid, by any commissioner, or by any person deputed by the said commissioners for that purpose, or they may be served the .lame way as a summons in a civil action. If the owner or owners, or the person or persons in charge or possession of any orchard, or nnrsery, or trees,' or places, or articles infested with said insects, or any of them, or their larvie or eggs, after having been notified as above to make application of treatment as directed, shall 7 i 8 fail, lieglect, or refniw so to do, he or they sliall be deemed gniUy of ninintaininff a piililit; iiiiisaDce, aud any such orchardH. niiniorieM, trees, or places, or articles tbiiH infested shall be ad^jntlKed, iind the same is hereby declared, a public nuisance, and may be proceeded aftainst as such. If found guilty, the court shall direct the aforesaid county board of horticultural (rommisaiouers to abate the nuisance. The expenses thus incurred shall be a lion upon the real property of tho defendant. Skc-. 3. 8aid county boanl of horticultural conimifwioners shall have power to divide the county into distticA, and to appoint a local inspector for each of s.iid dis- tricts. Tho dnties of siu-li local ins|tectorH shall be prescribed by said county board. Hkc. 4. It ithull be the duty of the county board ot commissioners to keep a record of their otflci.il doings and to make a report to tho board of state viticultnral com- missioners on or before the flrst day of November of each year, who shall incorporate the same in their annual reports. .Skc. 5. It shall bo th'j duty of tho commissioners iit laifte, appointed by tho board of state viticultural commissioners for such purpose, to recommend, consult, and act with the county boards of commissiouers, in their reNpi;ctive counties, as to tho most efficacious treatment to be adopted for the extermination of tiio aforesaid insects, or larvic or eggn thereof, and to attend to such other duties as may be necessary to accomplish or carry out t]ie full intent and menning of this act. Sec. 6. Each county conimisHioncr and local inspector may be paid live dollars for each day actually engaged in the performance of his duties under this act, payable out of the county treasury of his county; provided that ho more shall bo paid for such services than shall be determined by resolution of the board of supervisors of the county '•"• services actually and necessiirily rendered. Skc. 7. Each of said commissioners may select one or more persons, without pay, to assist him in the disrharge of his duties, ns he mr.y deem necessary. Skc. 8. If any county board of commissioners, after having received complayit in writing, as provided for in section two of this act, shall fail to perform tho duties of their office, as required by this act, they may be removed Irom office by the board of supervisors, and 4L» vacancy thu# formed shall lie filled in the same manner as provided for in this act. Sec. 9. Nothing in this a."t shall bo construed so as to att'ect vineyards or theii products. Skc. 10. This act shall take effect immediately. Approved March U, 1881. (.'HAPTKU LXIII. An act til <'n«t« ami HxtnlilUli n «tate iHianl of liortlciilture. and appropriate moony fnp the expenm'a thereof. The people of the Stale of California, repretenied in tenate and amembly, do enact m foUotca: Section 1. There shall be a State board of horticulture, consisting of nine mem- bers, who shall be appointed by the governor, two from the State at large anil one from each of the seven horticnltural districts, which are hereby constituted as follows : (1) The Sonoma district, which shall include tho connties of Sonoma, Marin, Lake, Mendocino, Humboldt, Del Norte, Trinity, am) Siskiyou ; (2) The Napa district, which shall include the counties of Napa, Solano, and Contra Costa; (3) The «an Francisco district, which shall include the city and county of San l r » » - mt^ ■■ 9 I ninintaininp: » r articles thu8 ' nuisance, and liall direct tbc jiaisnuce. The llefondant. I«ave power to >chof8»iddi8- I <-oinit,y board. > keep a record jticiiltiiral com- nll iiicorpnrnte il >>.v the hoard h t'onsiilt, mill iities, ns to tbo tiio ttforesaid i«'8 ns may he bin act. livedulbiralhr is act, payable all bo ]iaid for MiiporviHonof without pay, i oonipla^t in i>mi the duties e by the board tme niannnstttnted ac< Marin, Lake, stricf, which an Kruiiciscu the counties rey; (4) Iho uMiia, Cjanta Saoraniontu Dliisa, Bntte, the connties ) £1 Dorado kveras, Tuo- Ipino, Mono, Src. 2. The members appointed firoro each district shall 1>e residents of the dlatriot f^om which they are appointed, and shall be specially (|nalifled by practical expe- rience and study in connection with the industries dependent upon horticulture. They shall each hoUl office for the term of four years, except that of the nine first appointed four, to he determined by lot, shall retire at the end of two years, when their successors shall be appointed by i^e governor. S>c'. 8. The board shall appoint and prescrilie the dnties of a secretary who shall not be one of their number, and elect of their own nnmlier a treasurer, both to hold office during the pleasure of the said board. The treasurer shall give a bond to the 8tate, with sureties approveedient to consult and adopt such measures as may best promote the hcrtioultiiral industries of the State. It may, but without expense to the State, select and appoint couipetent and qualified persons to lecture in each of the horticultural districts named in section 1 of this act, for the purpose of illustrating practical horticultural topics, and imparting instruction in the methods of culture, pruning, fertilizing, and also in the best methods of treating tlio diseases of fruit and fruit trees, cleansing orchards, and exterminating insect pests. The office of the l>oard shall be kept open to the public, subject to the rules of the board, every day, excepting legal holidays, and shall he in charge of the sec- retary during the absence of the board. Sec. 5. For the purpose of preventing the spread of ctmtagious disease among fVuit and fruit trees, and for the prevention, treatment, cure, and extirpation of fruit pests and the diseases of fruit and fruit trees, and for the disinfection of grafts, scions, orcliard d(^bris, empty ftuit boxes and packages, and other suspected iiMiterinl or transportable articles, dangerous to orchards, fruit, nd fruit trees, said board shall make regulations for the inspection and disinfection thereof, which said reKoiations shall be circulated in printed form by the board among tue fruit growers and fruit dealers of the State, shall be ]>ublished at least twenty days in two daily newspapers of general circulation in the State not of the same city or county, and shall be posted in thrae conspicuous places in each county in the State, one of which shall be at the couuty court-house thereof. Such regulations when so posted shall be held to impart, notice of their contents to all persons within this State, and shall be binding upon nil persons. Src. 6. The said board shall elect of their own number, or appoint from without their number, a oomi>etent person, especially qualified by practical experience iu horticulture, for the duties of his office, who shall be known as inspector of fruit pests (to hold oflBce at the pleasure of the board), whose duty it shall be to visit the liorticultural districts of the State, to see that all regulations of said board and pro- visions of law to prevent the spread of ftnit pests and diseases of trees and plants injurious to the horticultnral interests of the State, and all regulations of said board iu the nature of quarantining infected or infested districts, and also all rules and regulations of said board concern' ig disiufectiou of fruits, trees, plants, grafts, scions, orchard debris, empty fruit bo} es aud packages, and other material dangerous to orchards, ft'uit, and fti it trees are enforceil. He shall, also, whenever required, aud under the direction of the board, and may also, upon his own motion aud upon the complaint of interested parties, inspect orchards, nurseries, aud other places suspected, or believed to be iafested with fruit pests, or infected with con- tagious disease injurious tu trees, plants, or fruits, and ho shall report the facts to said board. If, upon report of said inspector, or from well att'est«d facts otherwise before it, said board shall be of the opinion that any locality, orchard, district, or place is infested with fruit pests, or infected with contagious disease injnrious to trees, plants, or fruits, and liable to spread to other localities to the injury of other persons or places, said Itoard shall, by an order entered upon its niiuntes, so declare, 10 Hiiid nnd ancti iufested or int'ented iliHti'ict or pliire hIiiiII ho under tho qnarantine riigulutions of said Ixmrd. Ah boou, howevi'i', na in the opinion of snid inspector till! danger from Huch loculitj' hna censed, he may HHspend Huid qnarantine regnla- tionH, and shall immediately re]>ort the fiiot to trho hoard, who may approve or dia- approve bis ai-tion. He aball, from time to time, niid wht^never required by asid board, report to it auch informatioit as ho nmy uuiinirx from ohHcrvation, experience, and otiierwiae hh to the heat mode of diuiinialiing anil prndicating fruit peats and diaeasca from orchards, and also suggestions in jiraoticul horticulture, th<« adaptation of products to soil, rlimatt*, and markets, and such otiier facts and information aa sliall be calculated to improve the horticultural interests of the Stat«. Skc. 7. The said board, and, in case of necessity, during the recess of the said board, tho said inspector may appoint such (]uarantine guardians as may be needed to carry out the provisions of this act, whose dutiea it shall he to see that tho regu- lations of the board and the instructions of the inspector are enforced and carried out; they shall also report U> saitl ins]>ectoT, or to the State hoard, all infractions or violationa of said directions, regnlatious, and of the law in roganl to quarantine disinfection and destruction of pests, and precautions against the H]irearoved by it, and alinll annuaily render a detailed account to the board. Sec. 12. There is hereby appropriated for the uses of the State board of horticul- ture, as set forth in this act, out of any moneys in the State treasury not otherwise appropriated, the sum of Ave thousand dollars for the year commencing April first, one thousand eight hundred and eighty-three, and five thousand dollars for the year commencing April first, one thousand eight hundred and eighty-four, and the State controller will draw his warrants upon the State treasurer in favor of the treasurer of said board for the said sums, or any part thereof, when they become available, upon proper demand being mado for tho same by the said board. Sec. 13. This act shall take effect and be in force from and after its passage, and all acta or parts of acts inconaistent or in conflict with the provisions of this act aie hereby repealed. Approved March 13, 1883. \ ■wa wMi ii - . I qnarantin« lid inspector btine regnla- brove or dis- |ired by said , experience, lit pcHtH and |<4 adaptation fbmintion aa of the said ty be needed lat the regn- and carried II fractions or quarantine ean whatever, to the legis- I for the two inspector of inted pages, and pay out iled account of horticnl- »t otherwise ncing April liars for the ur, and the »vor of the licy become •d. »ssage, and this act aie ■■<«*«»«(»• • 11 Th« Opinion of thk ATToRNEY-fiBNKRAi. on thk Validitv or thk Countt HoRTK-rLTriiAi. Law. OFFIf^E OF THE ATTORNEV-GRNKRAI. OF THE State of California, San Franeinco, September S, 1883. Dear 8ir: It is my opinion that the act of 1881, entitled "An act to promote the horticultural interestsof the State,'' is not repealed by the act of 1883, entitled "An act to create u State board of hortioulture," there being no conflict between the pro- visions of said acts. There is no reason why the county boards of horticultural commissioners should not exercise all their powers and discharge their duties under saidactof 1881, sofar as tbe same do not contlict or are not inconsistent with the powers conferred upo» tbe State board of horticulture by the act of 1883. Very respectfully, K. C. MaRsham., JttorHeff-Oeneral. S. F. Chafin, Esq., Intpector of Fruit iV«/«. Chaptrk VII. An act to amenU itectionii eight, nine, ten, oleven, and tirelve of an act entitled "An art to create and CNtabliHh a State board of hurticnlture. and appropriate iniin(>.v for the expenne thereof," approved Marcli thirteenth, eij(hteen hnndrcd and nightjr-three. The people of the State of California, represented in senate and uMemhly, do enact a$ follotrs : Section 1. Section eight of said act is hereby amended to read as follows : "Sec. 8. It shall be tbe duty of the secretary to attend all meetings of tbe board, and to preserve records of its proceedings and correspondence; to collect books, pamphlets, and periodicals, and other documents containing valuable information relating to horticulture, and to preserve the samo; to collect statistics and other information showing the actual condition and progress of horticulture in the State and elsewhere ; to correspond with agricultural and horticultural societies, college* and schools of agriculture and horticulture, and other persons and bodies, as he may be directed by the board, and prepare, as required by tbe board, reports for publi- o:ition. He shall also act as assistant to and obey the directions of the inspector of fruit pests in the exercise of tbe duties of his office, and shall be paid for his services as such secretary ami assistant a salary of one hundred and fifty dollars per month, to bo paid as other State otficers." Sec. 2. Section nine of said act is hereby amended to read as follows : " Sec. 9. The inspector of fruit pests shall receive as c-onii)eusation for Itis services the sum of two hundred dollars per month, to be paid as other State officers, and his actual traveling expenses shall be allowed, not to exceed one thousand dollars per annum. The members of the board and secretary shall receive their actual travel- ing expenses in attending semiannual lueetiugs of the boanl." Sec. S. Secf Igii ten of said act is hereby amended to read as follows: "Sec. 10. The board shall, biennially, in the month of January, report to tbs legislature a statement of its doings, with a copy of the treasurer's accounts for the two years preceding the session thereof, and abstracts of the report^s of the inspector of fruit pests aud secretary." Sec. 4. Section eleven is hereby amended to read as follows: "Sec. 11. The treasurer shall receive all moneys belonging to the board, and pay out the same only for bills approved by the chairman of the finance committee, and shall annually render a detailed account to the board." Sec. 5 (section 12). There is hereby appropriated for the uses of the State board of horticulture, as set forth in this act, out of any moneys in the State trecsury not otherwise appropriated, the sum of ten thousand dollars for the year commencing April first, one thousand eight hundred and eighty-five, and ten thousand dollars for the year commencing April first, one thoasaud eight hundred and eigbty-six, and 12 the Stat« comptroller will draw liis warrant tipon the State treaaorer in favor of the treasurer of said board tor thu said hiidis, or any part thereof, when they become available, upon proper demand tieing made for the same by the said board. Skc. 6. This act shall take effect immediately. Approved February 18, 1885. Chaptkk XXXVI. An act to prevent the Kpreadtng of fVult anil tVuit-tn^n p«i«tii and R, ami to provide for their i*ktirpation. The people of thu State of CaliforHta, repretented in lenate and attemblfi, do enaet at foUowt: Sbrtion 1. It shall be the duty of every owner, possessor, or occupier of an orchard, nursery, or land wliere.fruit trees are grown within this State, to disinfect all fruit trees grown on such lands infested with any insect or iuseitts, or the germs thereof, or infested by any contagious disease known to be injurious to fruit or tVuit trees, before the removal of the same from such premiHes frr sale, gift, distribution, or transportation. Fruit boxes which have been used for shi|tpiug fruit to any des- tination are hereby required to be disinfected previous to their being again used for any purpose ; all boxes returned to any orchard, storeroom, salesroom, or any place uaed or to be used for storage, shipping, or any other purpose, mnst be disinfected within three days after their return ; and any and all persons failing to comply with the requirements of this section shall be guilty of tt misdemeanor. All packages, knowu as i^ee packages, must be destroyed or disinfected before being again used. Sec. 2. It shall bo the duty of the owner, lessee, or occupier of any orchard within this State to gather all firuit infested by the insects as the codliu moth, peach moth, red spider, plum weevil, and kindred noxious insects, their larvie or pupw, which has fallen from the tree or trees, as often as once a week, and e used, or shall imitate or counterfeit any stamp or device used for such purpose, shall be guilty of a misdem9anor. Src. 4. It shall be the special duty of each member of the State board of horticul- ture to see that tht provisions of this act are carried out within his respective horticultural district, and all offenders duly punished. n favor of th« { they b«ooiue |rovid« for their ft do enact a$ iupier of au [ to disiofec't or the geruis Jfruit or fruit distribntiou, t to any des- Jitin used for or any place disinfected comply with ^U packages, again used, ihard within peach moth, pupw, which f or destroy Bir larva or quarantine s, grafts, and trnis thereof, ed with any tte from any >pon inspec- it shall be a ttiou, unless ), ftom any place upon ees, scions, > owner or ause to be * board of with con- have been ihall be to l*uit pests. r separate 1 cause to flwm any ' a misde- aot. Any ouuterfeit lor. horticnl- 'eapeotiva ? 13 Sic. 5. All f^uit trees infested by any insect or insects, their germs, larr*, or pupw, or infected by disease known to be injurious to fVnit or ftutt trees, and liabla to spread contagion, must be cleaned or disinfected before the first day of April, eighteen hundred and eighty-five, and on or before the first day of April of every Nucceetliug year thereafter. All owners or occupants of lands on which fruit trees are grown failing to comply with the provisions of this section shall be guilty of a mis- demeanor, and fined as provided for in section six of this act. All frnit packages, trees, plants, cuttings, grafts, and scions, that shall not be disinfected within twenty- four hours after notice by the inspector of fruit pests or a duly appointed quarantine guardian or any member of the board of horticulture, shall be liable to be proceeded against as a public nuisance. Sec. 6. Auy person or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punishable by a fine of not less than twenty-five dollars nor more than one hundred dollars for every offense. Approved March 10, 1885. An ordmanoe fur the destrnotion of fnwots ii^urioim to frolt and fTnit tree*. [Recommended for adoption.] The hoard of $Hpervi»or» of the cottNty of do ordain a» follow*: Section 1. Whenever a petition is presented to the board of supervisors of - County, signed by five or more persouH, who are resident freeholders and possessors of un orchard, stating that certain or all orchards or trees of any variety are infected with scale bug, codlin moth, or other insect* that are destructive of trees, and asking the appointment of a commission to supervise the destruction of such insects, the board of supervisors shall, within twenty days after such petition is presented to the board, appoint three commissioners for the said county, to be known us the county board of horticultural commissioners. Sec. 2. The commissioners shall hold their otHco fur the term of three years, and until their successors arequalified; except that of the commissioners first appointed one shall hold for one year, one for two years, and the third for three years. The commissioners first appointed shall decide by lot which of them shall hold for one year, which for two years, and which for three years. After the first commissioners are appointed the board of supervisors shall appoint one commissioner every year, snch appointment to be made one month, or thereabouts, before the commencement of the term of the appointed. Sec. 8. Any vacancy which may f^om any cause occur in the commission shall be filled by appointment of the l>oard of supervisorti. The appointee to fill- a vacancy shall hold for the balancf) of the unexpired term. Sec. 4. Whenever the county board of horticultural commissioners shall be informed by complaint in writing of any person residing in said county that au orchard, nursery, or trees, or any place in their jurisdiction, is infested with scale ling, codlin moth, red spider, or other noxious insects, liable to spread coutagion dangerous to the trees or frnit of the complainant, or their eggs or larvie iujurious to fruit or fruit trees, they shall cause inspection to be made of the said premises, and if found infested they shall notify the owner or owners, or the persons or person in charge or possession of the said trees or place, that the same are infected with the said insects, or any of them, or their eggs or lurvtc, and shall require such person or persons to disinfect the same within such reasonable time as they may direct, to bo specified in the notice ; such notice may be served by any commissioner or any person deputed by the commissioners for that purpose, and shall lie serve d by delivering a copy thereof to such owner or persons having charge thereof, personally; providi-d, that when any person other than the owner is in possessiim or charge of Hiich place the notice shall be served upon the owner, if within tlio coimty, as well as the per- son so in charge or possession uf such premises. ii *i i. i 'iil i! i '' i i 1^ 14 Hkc T). If within the timA Bpcolfled in Hsid notice iinch diainfeotion has not been ftocomplished, then such person or persons shall be required by notice, to be served M hereinbefore provided, to make application of such treatment, applied in snob manner and within such time as the commissioners may prescribe, but, subject to the general laws of the State of California. Sec. 6. If the person so notiHet.^ shall fail to disinfect such places or to apply such treatment iu che manner and withiU the time prescribed in the notice, such orchards or nnrsericH, or places, shall be deemed a public nuisance, and may be proceeded Bffainst iu any court of competent Jurisdiction, and abated as such nuisance, either by the disinfection of such place under the direction of said commission or other public authority, or by the destruction thereof, when necessary to prevent the spread of such disease or pest, 8kc. 7. The cost and expense of such proceedings for the compulsory disinfection of such premises, including the expenses of disinfection when ordered, shall be a lien upon said premises. Sec. 8. Said board of oommimtioners shall have the power to divide the county into districts and appoint a local inspector, for each district, who shall perform such duties as may be require«l of him by the board of commissioners. Skc. 9. Sold county board of horticultural commissioners shall perform such other duties as may b« prescribed by law, and for a failure to perform such duties or any of their duties, they may be removed by the board of sii isors ujion complaint in writing. Skc. 10. Each commissioner shall receive doha -i per day, und each local inspector dollars per day for his services for each day in which such commis- sioner or inspector is actually engaged in the performance of his duties; provided that the total amount of expenditure for services of commissioners and inspectors shall not exceed in any one year the sum of dollars, without a special order of this board to that effect. 8e»'. 11. This ordinance shall take ett'ect and be In force from and after the ,lay of , A. D. eighteen hnndr«I and eighty j and prior to said day shall be published, with the names of the members voting for and against the same, for at least one week in the , a newspaper published in said county. Dated , 188-. . Chairmau of tke hoard. Attest : Clerk. An act U> protect and promote the hortlonltnnil Intflrestn of the Ststo. (Approvetl March 14, 1881; amended by an act approvMl March 19, 1889.) The people oj the State of California, repreeented in senate and aetembly, do enact af follows: Section 1. Section one of said act is hereby amended so as to read as follows : "Section 1. Whenever a petition is presented to the board of supervisors of any county, and signed by twenty-five or more persons who are resident 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 insects of any kind, ii^urious to IVuit, fruit trees, and vines, codlin moth, or other insects that are destructive to trees, and praying that a commission be appointed by them, whose duty it shall be to supervise their di^struction as herein provided, the board of supervisors shall, within twenty days thereafter, select three commissioners for the county, to be known as a county board of horticultural commissioners. The board of supervisors may flU any vacancy that may occur in Baid commission by death, resignation, or otherwise, and appoint one commissioner each year, one month, or thereabouts, previous to the expiration of the tenu of office of any member of said commission. The said coni- missiouers shall servo for a period oi three years from the date of their appointment, n lias Dot been to be served l>p]ied in snob l>nt, subjeot to ' to apply such [ such orchards ■ be proceeded lifiance, either |s8ion or other prevent the |ry disinfection I, shall be a lien Ide the county 11 perform such brm such other duties or any n complaint in ■tud each local 1 such commis- ities; provideni- iippointmeut, 15 * except the oommissioners flrst appointed, one of whom shall serve for one year, and one of whom shall serve lor two years, and one of whom shall serve for three years, from the date of appointment. The commissioners first appointed shall themselves decide, by lot or otherwise, who shall servo for one year, who shall serve for two years, and who shall shall serve three years, and shall notify.thu board of supervisors of the result of their choice." Skc. 2. Section two of said act is hereby amended so as to read as follows : "8kc. 2. It shall be the duty of the county board of horticultural commissiouert in each county, whenever it shall deem it necessary, to .>nusean inspection to be uiatle of any orchard, or nursery, or trees, or any frnit-paeking house, storeroom, sales- room, or any other place in their JurUuliction, and if found infested with scale bug, eodlin moth, or other insect pests injurious to fruit, trees, and vines, they shall notify the owner ur owners, or person or persons in charge or possession of said trees or place as aforesaid, that the same are infectetl with Maid insects, or any of them, or their eggs or larvte, and they shall require such person or persons to disinfect or destroy the same within a certain time, to be si>ecifled. If within such speeihed time such disinfection or destruction has not' been accomplished, the said person or persons shall be required to make application of such treatment for the purpose of destroying them as said conmiissioners may prescribe. Said notices may be served npon the person or x>ersons owning or having charge or possession of such infested trees, or places, or articles, as aforesaid, by any commissioner, or by any person deputed ^^^ tao said commissioners for that purpose, or they may be served in the same manner as a summons in a civil acticm. "If the owner or owners, or the person or persons in charge or possession of any orchard, or nursery, or trees, or places, or articles infested with said insects or any of them, or their larvie or eggs, after having l)eeu notified as above to destroy the same, or make application of treatment as directed, shall fail, neglect, or refuse so to do, be or they shull be deemed guilty of niaiutaiuiug n public nuisance, and uny such orchards, nurseries, trees, or places, or articles thus infested, shall be adjudged and the same is hereby declared a public nuisance, and may be proceeded against as such. If found guilty, the court shull direct the aforesaid county board of horticul- tural comniissionei'H to abate the nuisance. The expenses thus incurred may be a lien upon the real property of the defendant." Sec. 3. Section three of said act is amended so as to read as follows: "Skc. 3. Said county boards of horticultural commissioners shall have power to divide the county into districts, and to appoint u local inspector for each of said districts. The Btate board of horticulture, or the quarantine officer of said board, shall issne commissions as quarantine guardians to the members of said county boards of horticultural commissioners, and to the local inspectors thereof. The said quarantine guardians, local inspectors, or members of said county boards of horti- cultural commissioners, sb.ill hare full 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, sales room, depot, or any other such place in their juris- dictfon, to inspect the same, or any part thereof. " Sec. 4. Section four of said act is hereby amended so as to read as follows: '' Sec. 4. It shall be the duty of said county board of horticultural commissioners 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 trait 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 shall publish said re]M>rts in bulletin form, or may incorporate so much of the same lu their annual reports as may be of general interest." Src. 5. Section five of said act is hereby amended so hs to read as follows : "Skc. 5. Kach member of the county board of horticultur.-il conmiissioners, and each local inspectori shall be paid for each day actually engaged tn the perlornuuico S-i ''la 10 of hia dntieii undftr thin apt, pnynbln out of the ronnty treMnry of liin I'onnty, mich oompensation on shall be as to read tia follows : "Hbc. 0. 8aid connty boarda'of horticultural conimiMtionttra ahall have power to remove any local iiiapeutor who ahall fail to perform the dutlea of hia oHice." Hkc. 7. (Repealed). 8kc. 8. Section eight ia hereby n'mended ho hm to rend ua followa, and to be known as section seven of said act, viz: "Skc. 7. If any member of the connty board of horticultural commiaaioncra ahall fail to perform the dntiea of hia olHce, ua required by thin act, he may be removed IVom ofllce by the board of au|>erviHora, and thevuc.kiicy thus formed Hhall be filled 'by appointment by the board ef anperviaora." Skc. 0. Hection nine of aaid act is hereby amuuded ao aa to read aa follows, and to lie known as section eight of said act, viz : "Skc. 8. It ahall bo the duty of the county board of horticnltnral commiaaiouers to keep a record of their ofticial doinga, and to make a monthly report to the lioard of anperviaora, aud the board of anperviaora may withhold warrant for salary of said members and inspectors thereof until aucL time us said report is miMle." 8kc. 10. A new section is hereby adra tlinll »y bo TDmovMl Nhnll be flilod |m folio wb, and oominiMioiiora •t to tho bdiird for italary of nwle." aectioii iiine, of this act are puKsaKo. datory. . ty, on the 19th ty of tho uct ioiiltural coni- 0*1 "An act to iterests of the Bsouted to the I persons who hat certain or e iuseots that y tbeiu, whose ard of super- ers fh>in the ears ftotu the to and 61ed >tber persons >intmeHt of a demand was the' act and ear an intent to rntirely substitute one for the other. Says Bishop in bib Wijrk on statutory oriines, section 154: "Webaveseen that every logisliitive act in afflrmiitive words is to lie regarded, )iriniii facie, iis an addition to the mass of the law; for such on its fnce it purports to be. Yet, when it is incon- sistent with the former law, it must, as the lust expression of the legislative will, prevail. But repeals by implication, thus explained, are not favored, And a legis- lative intent to repeal an existing statute is not presumed. If two acts, seeming to lie repugnant, can be reconciled by any fair construction, they must be, when no repeal will be hold to take place.'' The Slime prinoipio is laid down by.,)ndge Field in tho ease of I'ierrepont v. Crouch (10Cnl..316). There are numerous other authorities to the same efl'eet. Is there any iqiiiareut intent to sulistituto i#wN#''*»'jWM' t*— 18 ^ii A oniinty bonni of horticultanl oommlMloneM, and that it mfty be InwlVilly ilon« iilti-r tlir itxplrittion of tlio t w«»iity iliiyn (jiven thc'iii in the act for ileliberntion. (uniiHol ri'turi't'il to hiiiiii* itiitlioritit's froiii otliur StutcM in mipport of bin contention. I (III not think thi>Hn uiitlioriti«t« ^o to th» <«\t«nt clainiml l>y him, iiud If they ilid, tUt'Ut iieinK no Hnch ilt'tiHion tiy iinr own Hiiprttuie conrt, I wonid hobi the l»w in thii Htiite to be ditl'errnt. Tlie |Mirpoii« of tlie IcKlMlature waa to givo thu iiii|>erviiiora time t,M«lativo asseinbly: All lilt til cri'tttn H StH(« iHmrtt of liurtli'iiltiire uiitl np|irn|irlat« moiiny Ihttrcl'or. He it inacleU liy Ihr. leijiiilatire amembly of the .State of Oreyon: 8k( TioN I. Thitt th(>ro ih licruby cruuted u Htate board of horticulture, to consist of Hix intunbi-rN, who »b»ll bo aiijiointed by u board conHlHting of the goveruor, the Hocrctiiry of ntiite, and Htute treasurer. One nutniber of ituid board of hnrtlcnlturo Hhall ritpri^Hfiit tiiu Stitte lit liir);*-. and one ineiiiber Hh»!l be iip]iointod to reprt'sent ouch of the llv)< dlHtric'tH hereby cruuted, to wit: KirMt. The tlrst illHtrict, which HhuU coinpriHo tht* oountieH of Miiltnouiah, Ulack- uiiiiis, Yiunhill, Wiwhington, Cidunibiii, Clatsop, and Tilliiuiook. Second. The Hocond district, which shall uoinprise the counties of Marion, Polk, licntun, Linn, und Lane. Third. Thit tliirtl district, which shall comprise the counties of Douglas, Jackson, Kliiinath, Josephine, Coos, Curry, und Lake. Fourth, 'riu! fourth district, which shall comprise the counties of Wasco, Morrow, Uilliain, und Ouok. Fifth. The filth district, which fhall comprise the cimnties of Umatilla, Union, Baker, Wnllowa, Malheur, und iirunt. 8kc. 2. The ineinbers sliall reside In the districts for which they are appointed. They shall be selected with reference to their study of aud practical experience in horticulture and the indnstriet* dependent thereon. They shall hold ofilce for a term of four years und until their succensors are appointed and qualified : Provided, however, that three of the board first appointed, to b j determined by lot, shall retire at the espiriitiim of two years. All vacancies iu tlie board shall be filled by appointment of the governor, and shall be for the unexpired term. Skc. 3. The board is authorised to employ a secretary, prescribe Ms duties, and shall elect from their number a treasurer, who shall give a bond to the governor of the .state of Oregon in the sum of 1^10,000 for the faithful performance of his duties. The secrtttary and treasurer shall hold thoir appointments at the pleasure of the board. Hcforo entering upon the discharge of his duties, each member of the board shall take and subscribe an oath to support the Constitution of the United States and of the State of Oregon, ajid to faithfully discharge the duties of his ofHce, which said oath shall be filed with the secretary. Bkc. 4. The board may receive, manage, use, and hold donations and bequests of money and property for promoting the objects of its formation. It shall meet on the second Monday of April and October of each year, and as much oftener as it may deem expedient, for consultation and for the adoption of those measures that will best promote the horticultural industries of the imitate. It may, but without expense to tlie Btate, select and appoint competent and qualified persons to lecture in each of the districts named in section 1 of this act, for the purpose of encouraging and imprifvin;; practical liorticnlture, and of imparting instructions in the best methods of treating the diseases of fruits and fruit trees, cleansing orchards, and extermi- nating orchard pests. f '»4, Uwl\ill,v (lone |li Iteration. ' IiIn oonteutioii. fiua If they ilid, the law In this |tb<( iiu|>erviM>ra lu unnulment of ud by the six- Ihfreror. Iture, to ooiuiflt le goveruor, the of horticulture t f i1i J ' U ' J ' . * ¥^>iM^ 'f VV. * l i ^^W i .t^l ' WII.W. ' J. 'ii' •^- 20 also snggnstioDB in practical horticulture, the adsptatiou uf prmliice to Hoil, olinmte, ami mnrketei, and such other facts aud information as shall be eiiluulated to improve the liorticultural intereHts of the State. Sec. 8. Whenever complaint is made to any member of the board that any person has an orchard, trees, or nursery of trees, or a fruit-packing house, storeroom, sales room, or any other place in this State infectiid with any noxious insects or the eggs or larvieof any snch insects iDJurious or that may become injurious to the fruit interests of the State, such member shall insiiect or cause to be inspected the premises or property to which rtuch complaint relates; and if the same is found to be infected as afore- said, such member shall notify, in writing, the person having charge of such premises or ]ir()perty to appear before him at a certain time and place to be specified in snch notice, to be heard in reference to the infection of said premises or property as afore- said; and if snch member, after hearing the person m charge of such pro]>erty, shall l>e of the opinion that such premises or property, or any of the same, is infected as aforesaid, he shall notify in writin}> the peraon m charge of the same, within a time to be prescribed in sucli notice, tu treitt iind disinfect said premises or property in the manner prescribed in such notice; and if the person so notifled shall neglect or refuse to treat and disinfect said premises or property in the manner and within the time prescribed in suid notice, such person sliall be deemed guilty of a misdemeanor, and upon conviction thereof sliall be fined not less than twenty-tive nor more thau one hundreit dollars; and if it appears upon the trial that any orchard, trees, nurs- eries, buildings, or other structures, premises, or property in charge of the defendant referred to in snid notice, or any part of such structures, premises, or property is infectea as aforesaid, the court shall declare whatsoever of the same is so infected a nuisance, and shall order it tu ha abated, or may make any other order necessary to prevent its continuance, and it shall be '^he duty of the board, or some member thereof, to execute such order, aud the costs and disbursements of the prosooution shall be adiudged against the party convicted as aforesaid. Sec. 9. It snail be the duty of tl^e secretary to attend all meetings of the board and to procure records of the proceedings and correspondence, to collect books, pamphlets, periodicals, and other documents containing valuable information relating to horticulture, and to preserve the same; to collect statistics and other information showing the actual condition and progress of horticulture in this State aud elsewhere; to corrcrtpond with agricultural and horticultural societies, colleges and schools of agriculture and horticulture, and other persons and bodies as he may be directed by the board, and prepare, us required by the board, reports for publication. He shall also act as assistant to and obey the directions of the Inspector of fruit pests, under the direction of the boaril, in the exercise of the duty of his oflBce, and shall be paid for his services as said secretary and assistant inspector a salary of not to exceed one hundred dollars per month. Skc. 10. The inspector of frnit pests shall receive as compensation for his services, when actually engaged in the duties of his otlice, a sum uot to exceed five dollars per day, and his actual traveling expenses shall be a'.*o-,ved when so engaged. Skc. 11. The board sbali, biennially, in the month of .January, report to the legis- lative assembly a statement of its doings, with a copy of the treasurer's accounts for the two years preceding the session thereof, and abstracts of the reports rt the inspector of fruit pests and of the secretary. The members of the board shall receive as compensation for their services their actual expenses when attending the meet- ings of the board, and shall be allowed five dollars per day for time actually employed. Kec. 12. The treasurer shall receive all moneys belonging to the board, and pay out the same only for bills approved by it, aud shall render annually a detailed account to the board of all receipts and disbursements. 8kc. 13. There is hereby appropriated for the use of the State board of horticul- ture, ns set forth in this act, out of the moneys in the State treasury not otherwise appropriated, the sum of $3,500 for the year commencing April 1, 1889; |3,600 for tlw i m ^ >« ' 3r> 1 AtAk^MtkK* w»nM|M*n» amrnd au act entitled 'An net ti> create a State board of hortionlture, and to appropriate money tlierefsr," approved February 2;;, 1880. Be it enacted by the legislatire aittembly of the State of Oregou : Section 1. The State board of horticulture may, as it shall require, select and appoint by a commission, which shall be issued by said board, any competent person or persons especially qualified by practical experience in horticulture and entomology, who shall bu known as " inspector uf fVnit pests," and who shall hold office at the will of the board. The dnties and compensation for services of an inspector of fruit pests shall be provided for by said board in conformity to their own powers and subject to the laws hereinafter enacted. Such inspector of fruit pests shall keep a full and complete record of all his transaiitions, receipts and di8l>ursements as such officer, and report the same to said board at its regular semi annual meetings, and at such other times as it shall require. Skc. 2. For the puriuMO of disseminating knowledge concerning contagions diseases affecting Aruit and trees, plants, vegetables, and vines, and the remedies, preventives, and disinfectabts applicable thereto, it shall be the duty of the State board of hortiisnlture, flrom tliuu to time, as it may be deemed necessary, to publish in printed form such information, remedies, preventives, and disinfectants as it may approve, which shall lie circulateerHon or persons to eradicate or detitroy the said insects or other pests, or their eggs or larvie, within a certain time, to be specified. Said notices may be served upon the person orpersons, or either of thuoi, owning or having charge or having possession of such infected place or orchard, nursery, trees, plants, vegetables, vines, fruit, or articles as afore- said, by a member of the State board of horticulture, or an inspector of fruit pests, or they may be served in the same manner us a summons in a civil action. Any and all such places, orchards, nurseries, trees, plants, shrubs, vegetables, vines, f^uita, or articles thus infected are hereby adjudged and declared to be a public iv.iisance; aud whenever any such nuisance shall exist at any place within the State, or on the property of any nonresident, or on any property the owner or owners of which can not be found within the State after diligent search, or any property where notice has been served as aforesaid, and where the owner or those in {tossessiou shall refuse or neglect to abate the same within the time specified, it shall be the duty of any mem- ber or members of the State board of horticulture to cause said nuisance to be ut once abated by eradicating or destroying said pests or their eggs or larvie. The expense w^ mimmmmmsaB to,(gH»**' ^W"l* » »1 f*WWt ^WW W ^y-:- is; 20 also snggnstious in practical horticnlture, the adaptatiou uf prmlnce to Hoil, olinmte, anil marketB, ant) such other facts and information as shall be oulculatod to improve the horticultural iiitereHts of the iState. Sec. 8. Whenever complaint is mad« to any member of the board that any person has an orchard, trees, or nurs«^ry of trees, or a fniit-packing house, storeroom, sales room, or any other place in this State infectod with any noxious insects or the eggs or larvii'of any such insects injurious or that may become iitjurious to the fruitinterests of the State, such member shall inspect or cause to be inspected the premises or property to which ituch <-oniplaint relates ; and if the same is found to be infected as afore- said, such member shall notify, in writing, the person having charge of snch premises or ]iro|ierty to appear before him at a certain time and place to be specified in snch notice, to be heard in reference to the infection of said premises or property as aforo- suiil; and if such member, after hearing the person in charge of such projterty, shall be of the opinion that such premises or property, or any of the same, is infected as aforesaid, he shall notify in writiujt the person in charge of the same, within a time to be prescribed in such notice, tu treitt and disinfect said premises or property in the manner prescribed in such notice; and if the person so notified shall neglect or refuse to treat and disinfect said premises or property in the manner and within the time prescribed in said notice, such person shall be deemed guilty of u misdemeanor, and upon conviction thereof sliall be fined not less than twenty-five nor more than one hundreu dollars; and if it appears upon the trial that any orchard, trees, nurs- eries, buildings, or other structures, premises, or property in charge of the defendant referred to in snid notice, or any part of such structures, premises, or property is iufectea as aforesaid, the court shall declare whatsoever of the same is so infected a nuisance, and shall order it to ba aba.ed, or may make any other order necessary to prevent its continuance, and it shall be *he duty of the board, or some niem)>er thereof, to exet^ite such order, and the costs and disbursements of the prosecution shall be nd,|ume are hereby, vested with all necessary power to enforce quarantine against nny infected orchard, nursery, trees, plants, shrubs, vegetables, vines, fruits, or any place or articles within the State, when the same are liable to spread •contagious diseases iujurions to fruit or trees of any kind within the State, and to provide nec- essary rules and regulations to govern the sp ne. Sec. 5. The members of the State board of horticulture, and the inspectors of fruit pests commissioned by said board, ^hall receive compensaticm for their services, when actually engaged in the duties of tlipir offices, a sum not to exceed five dollars per day, and their actual traveling expenses shall be allowed when so engaged ; and whenever it shall become necessary for any of the board to abate a nuisance, as pro- vided for by this act, comjiensation for their time and traveling expenses while so employed shall be jtaid as a part of the county charge pruvide> nd to make or g house, store- !H, plants, vines, e infested with leases i^jnrious he fonnd any 'nit, vegetables, fy the owner or daces, orchards, aforesaid, that eggs or lar\-(e. y said injur ions e to be specified, ihem, owning or trees, plants, Itnral inspector, >n. Any and all nits, or articles ice. And.when- i the property of lan not be found IB aforesaid, and >te said nuisance Itural inspector, mce abated by by disinfecting cles upon whicli ise of such pro- ty wherein such id of the county thereof by the ft lien npon the in pursuance of Buiises. Suit to i strict attorney y. In case the inty treasury to 1 be paid to the Dr bis use when 1 all necessary y, trees, plants. State when the or trees of any tme. :ng contagious r ftuits and the e horticultunii I IB inspector shall, from time to time, ns lie may deem necessary, have printed by the 8tate printer bulletins containing such information, remedies, preventives, and dis- infectants ns ho may approve, which bulletins shall be circulated among the fVuit growers, fruit dealers, shippers, transportation companies, and their agents within the Btatn. Src. 7. That all peach, iieotartue, apricot, plum, prune, almond, or other trees budded or grafted upon peaoh stocks or roots, all peach or «>tlier pits, cuttings, buds, or scions raised or grown in a district where "peach yellowH" or "peach rosette" is known to exist are hereby prohibited f^oni being offered for sale, gift, distribution, transportation, or planting within the State of Oregon. Any 'l>erson or jiersons, dealers, shippers, transportation companies, or their agents who shall be in po88<-.s- siou of any such property, for any iiurpose, shall, when rei|nired by the Htate horti- cultural inspector, linrn the same without delay. Hrh. 8. Fruit of any kind, all trees, plants, cuttings, grafts, buds, seeds, scions, pits, or other transportable material of any kind, grown in any foreign country, or in any of the United .States or Territories, infested by any insect or insectn, or their germs, or by any fungus or other disease known to be injurious to fruit or fruit trees or to other trees, and liable to spread contagion, are hereby prohibited from being ottered for sale, gift, distribution, transportation, or planting until the same shall be thoroughly disinfected in such manner as may be required by the State horticultural inspector. Sec. 9. Any person or ^Mrsons '' ..ping any fruit or fruit trees, scions, cuttings, or plants within the State shall a ix to each box, package, or parcel containing the same a distinct mark, stamp, or label, showing the name of the producer and shipper of the same and the locality where grown. Sec. 10. Any person or persons, all dealers, shippers, transportation companies, or their agents, having in their possession any fruit or trees, plants, cuttings, grafts, buds, seeds, pits, scions, or tranHportal)le material of any kind infested with any injurious insect or insects, or their geims, or with any fungus or other disease inju- rious to frnit or fruit trees, or to other trees or plants, or who shall sell or offer for sale, gift, distribution, transportation, or planting, or who shall refuse or neglect to destroy or disinfect the said frnit or trees, plants, cuttings, pits, scions, or other material, or who shall refuse or neglect to attach a distinct mark or label thereto, 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 tivt; hundred dollars. Src. 11. The State horticultural inspector shall biennially, in the month of .Tan- uary, report to the legislature a /itatement of his official acts, and present the actual condition and progress of horticulture in the State. Skc. 12. The State horticultural inspector shall receive as compensation for his services the snm of fifteen hundred dollars per year and his actual traveling expenses when engaged in the duties of his office: Provided, That not more than five hundred dollars shall be expended in any one year for such traveling expenses. Sec. 13. There is hereby appro])riatod for the use of the State horticultural inspector, as set forth in this act, out of the moneys in the State treasury not other- wise appropriated, the snm of $1,500 and such further sum, not exceeding $500, as may be necessary for his traveling exjtenses for the year commencing April 1, 1895, and a like sum of $1,500 and traveling expenses, not exceeding ^500 in any one year, for each succeeding year thereafter. And the secretary o'i state shall draw his warrant npon the State treasurer in favor of the State horticultnrnl inspector for said sums or any portion thereof when they have liecome available, upon pres- entation by said officer of the proper vouchers. Sec. 14. That an act entitleni and after its approval by the governor. WASHINGTON. • The principal insect le<;iMlation of Wushiiifrtoii in embraced in sec- tions 26G5 and 2(iO() of the EoviAed Laws and Codes of the State, under tlie title Horticulture. Previous Hectious create u State board of horti- culture, consistiiif;!; of seven members, one from each of six horticul- tural districts and one from tiie State at large. They are api^ointed by tlie governor for u term of four years, must reside in the district whence appointed, are empowered to employ a secretary and treasurer, and are directed to render a report biennially. They must report as to needed legislation, and are given the same powers and duties as regards the prevention of hop-plant pests as in the case of fruit and fruit cul- ture. The sections specifically describing their powers and duties are as follows: * lltgulationB for inspevtion and duinfeclion. Skc. 2664. For the purpose of prov«iitiiig the spread of contugioiis (lioeaHeR among fruit and fruit trees, nu«l for the prevoution, cure, nnd extirpation of fruit pests aud tile diseases of fVuits aud fruit trees, aud for the e(:ted material or transportable urtielcs dangerous to orchards, fruits, aud fruit trees, said board may suggest regulatiiiuM for the inspection and disinfeutioii thereof, which regulations shall be circulated in printed form by the board among the fruit growers and fruit dealers of the State, and shall be published at least ten days in two daily newspapen of general circulation in each comity in the State, one of which shall beat the county court-house thereof. Inspeiior of fruit pt»U — appointment and duties of. Sec. 2665. The said board shall elect from their own number, or appoint from without their number, to hold oifico at the pleasure of the board, a coiui)etent person especially c|ualified by pructieal exiierieure iu horticulture, who shall be known as "inspector of fruit jiests." It shall be the duty of said inspector to visit horticul- tural districts of the State, to see that all the regulations of said board to prevent the spread of fruit pests aud diseaseH of trees and plantsinjurioiis to the horticultural lutercsts of the State, and for the disinfection of fruits, trees, plants, grafts, scions, uroliard dt^bris, empty fruit boxes and packages, aud other mat<;rial, be made known to the people of the State. He shall, whenever rei|uired, and under the direction of the board, and may also upon bis owu motion and complaint of interested parties, insju'ct orchards, uurseries, nnd other ]>]aces suspected or lielieved to be infected with fruit pests or infected with coiitagious diseases injurious to trees, plauts, or fruits, and he bhall reitort the facts to said board. The inspector shall, from time to time, and whenever required by said board, report to it such infonnation as he may secure from observation, experience, and otherwise, as to the best methods of dimin- ishing and eradicating fruit pests and diseases from orchards, and also suggestions iu practical horticulture, the adaptation of produce to soil, climate, and markets, and such other facts and information as shall be ealculateil to improve the horti- cultural interests of the State. Dnty of .member of board upon vomplaiti made — Hearimj as to infections — Nuisance, Sec. 2666. Whenever a complaint is made to nny member of the lioard that any jterson has an orchard, trees, or nursery of trees, or a fruit-packing house, store- room, salesroom, or any other place iu tbis State, infected with auy noxious insects, or the eggs or larviu of any such insects, or that any package of trees, plants, or 'ai,'-* 27 !e(l in sec- State, under >ard of liorti- six barticul' bpi^oiiited by [strict whence easurcr, and report as to [ies as regards md fruit cul- *s and duties I oard to prevent the horticultural ts, grafts, scions, , be made known r the direction of iterested parties, d to be infected trees, plants, or kail, from time to nation as he may lethodsof dimin- also suggestions te, and markets, prove the horti- ioiw — wVH<*a»ce. board that any ing housc), store- uuxiouH insects, trees, plants, or fruit are in transit to this Ktate or are in this Htate about to be disseuiinated, which are known or suspected to Ite from localities that are infected with any disease or pests injurious or that may become injurious to the fruit interests of tlin Ktate, such members shall inspect, or cause to be inspected, the ))remise« or property to which such complaint relates, aud if the same is found to be infected as aforesaid, such members shall notify, in writing, the person having charge of such premises and property to appear before him at such time and place as specified in such notice, to be heard in reference to the infection of said premises or property aforesaid ; and if such member after hearing the person in charge of such pri'mises or pn>perty shall be of the opinion that such premises or property, or any of the same, is infected as aforesaid, he sliuU notify, in writing, the ptTsoii in charge of the same, within a time to be prescribed in such notice, to treat and disinfect said premises or property, in the manner proscribed iii such notice, and if the person so notified shall neglect or refuse to treat and disinfect said premises or property in the manner and within the time prescribed in said notice, such person shall be deemed gnilty of a misde- raeaiior, and upon conviction thereof shall bo fined not less than twenty-five dollars nor more than ono*hnndred dollars; aud if it appears on the trial that any orchard, trees, nursery, bnilding, or any structures, premises, or property in charge of the defendant referred to iii said notice, or any part of such structures, premises, or property, is infested or infected as aforesaid, the court shall declare whatsoever of the same is so infected a nuisance, and shall order it to be abated, or make any other order necessary to prevent its continuance, and it shall be the duty of the board, or some meinber thereof, to execute such order, and the costs and disbursements of the prosecution shall bo adjudged against the party convicted as aforesaid. Compennation of intpector of frmt peaU. Sec. 2668. The inspector of fruit pests shall receive as compensation for his services when actually engaged in the duties of his office a sum not to exceed five dollars per day, and his mileage actually paid out shall be allowed when so engaged. IDAHO. An airotn>t sntl promote the hortiuiiltiinil interests nf the StAte, and to tleetroy insect pests in orcliaTtlM and eliiewhere. lie it enacted hy the legielature of thii Slate of Idaho: Skotion 1. Whenever a petition is presented to the board of county commissioners of any county, and i.igned by twenty or more persons who are resident 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 insects of any kiud injurious to fruit, fruit trees, aud vines, codlin moth or other insects that are destructive to trses, and praying that a commissioner be appointed by them whose duty it shall be to super- vise their destruction, as herein provided, the board.of commissioners shall, within twenty days thereafter, select a commissioner for the county, to be known aa the county horticultural commissioner. The said commissioner shall serve for a period of two years from the date of appointment. Skc. 2. It shall be the duty of the county horUcultural commissioner in each county, whenever he shall deem it necessary, to cauM an inspection to be made of any orchard, or nursery, or trees, or any fruit-packing house, storeroom, sales room, or any other place iu his jurisdiction, and if fonnd infested with scale bug, codlin moth, or other insect pest injurious to fruit, trees, and vines, he shall notify the owner or owners or person or persons in charge or possession of said trees or place, as aforesaid, that the same are infested with the said insects, or any of them, or their eggs or larvie, and ho shall require such person or persons to disinfect or destroy the same within a certain time, te be specified. If within snch specified time such disinfection or destruction hns not been accomplished, the said person or persons shall be required to make application of snob treatment, for the purpose Qf 28 deotroying tlieiii, an Hnid cnmniiaaioner may prettcribe. Said notices may be servwl upon thu peritou or persoiin owning or having cliargo or ponHeiwion of such inf««ted trees, or ploovs, or articleii, aa iiibreHnid, liy the comraiwtionpr or any person deputed by him for that puriioae; or tliey may be served in the same manner as a summons in It civil action. If the owner or owners, or any ]>erson or persons in charge or possession (in) of any orchard, or nursery, or trees, or places, or articles infested ' with said insects, or any of them, or their larvie or eggs, after having been notified us above to detroy the same, or make apjtliontiou of treatment as directed, shall fail, neglect, or refuse so to do, he or they •thall be deemed guilty of maintaining a ]tublic unisance, and any such orchards, nurseries, trees, or ]>laces, or articles thus infested shall be ac^udged, and the same is hereby deolareil n public nuisance, and may be proceeded against ns such. If found guilty, the court shall direct the afore- said county horticultural commissioner to abate the nuisance. The expenses thus incurred shall or may be a lien npon the real property of the defendant or property proceeded against. Brc. 3. Maid horticultural commissioner shall have power to divide the county into districts and to appoint a local inspector foi caoU of said districts. The horticul- tural commissioner or bis local inspectors shall have full authority to ent«r into any orohiird, nursery, or place or places whore trees or plants are kept nnd offered for sale or otherwise, or any house, storeroom, sales room, depot, or any other such place in their Jurisdiction to inspect the same or any part thereof. Sec. 4. The county horticultural coumiissioucr and each local inspector shall be paid for each day actnally ougaged in the performance of his duty under this act, payable ont of the county treasury of his county, such compensation as shall be deterndueil by rcstdntion of the board of county commissioners before entering into the discharge of his or their duties. Hkc. 5. The said horticultural commissioner shall have power to remove or dis- pense with any local inspector at any time. Skc. 6. If the horticultural commissioner of any county shall fail to perform thfl duties of his oilice s^k retiuircd by this act, he may be removed; or, in case of vacancy by death, resignation, or other cause, the county commissioners shall fill snch vacancy thus formess. . -^ffi^'UM'^'J-if^Tti'.i^tk^--' *'>:Bwl^)M;.M«wu$)(MU^'.tiMi!4fei./ . > a 29 may lie «erv«>*^"ted by a resolution of any county board of agrirultnro of this State, at a meeting of such board, regnlArly held, tht execu- tive committee of the Htate board of Rgrirulture of this State shall appoint three persons, rciiidents of the county iVom wliich such reijuest shall be made, to act as commissioners or agents for the purpose of this act in such connty, without other compensation than ob hereinafter provided. 3. And be it enacted, That whenever complaint shall be made to such commis- sioners, or to any one of them, that any person or persona within their connty has or have failed, neglected, or refused, and continue to fail, neglect, or refuse to use such methods so prescribed, or to be prescribed, by the said agricultural experiment stations iu this State, or other equally etficient and satisfactory methods, for the destruction of insects injurious to growing crops and fruits, on land in his, her, or their possession, that then said eonmiissiouers, or any two uf them, shall notify such person or iwrsons so complained of, in writing, by service of such notice, signed by them, upon such person or persons personally, or by leaving the same at their place of residence, that they are required under the penalties provided in this act forth- with to ai>ply such methods so preseribed, or to be prescribed as aforesaid, for and towards the destrurtion of sncli injurious insects. And said notice shall specify the partionlnr sjiccies of insect or insects complained of, and the methods to be adopted for their destrnction, with a reference to tlie reports or bulletins of said agricultural experiment stations, or some one or more thereof, where such insects and the methods for tlieir destruction are or may lie described— or in lieu thereof there may be served with such notice a printed copy of such bulletins or reports and proscribed methods of destroying insects as are relied upon, or a printed extract or extracts therefrom setting forth the methods to be nsed for their destruotion. 4. And be it enacted, That it shall bo the duty of such person or persons so notified, within twenty-four hours after receiving such notice and directions, to proceed to destroy such insects on his lands and premises so complained of in the manner and by such methods as said notice and directions shall specify ; and every person or persona who shall neglect or refuse so to do, fur the space of six days after receiving such notice and directions served as aforesaid, shall forfeit and pay a fine not less than twenty-five nor more than one hundred dollars, in the discretion of the court, besides the costs of the suit, to be sned for, received, and collected by any one of the commissioners in his own name, adding thereto the name of commissioner, with* out other words of designation, in any court of competent jurisdiction in the county in which such offence shall have been committed. 5. And be it enacted, That all fines and costs that may be received and collected under the provisions of this art shall belong to and be paid into the treasury of the State board of agricnlture of this State, to defray the costs and expenses incident to the enforcement of this act and for the general purposes of the said board. Said expenses to include such reasonable allowance to said commissioners for their serv- ices in the premises as may be made by the said executive committee of the said State board of agriculture. 6. And be it enacted. That this act shall take effect immediately. [Note. — This law was drafted by a committee of the New Jersey State Horticultural Society, aud unanimously adopted at the meeting held iu January, 1804. It was thea presented to the State legislature I 30 by the legiHlative committee of the society, but, although it receiveu Htroii); support, it wkh defecated by n tie vote. The main (ibjection to it in diHcusMion ap|ieared to be, an I am informed by Prof. •!. H. 8mith, the fear that tlie law* \ronId place too much power in the handH of persons who might or miffht not use it with good .judgment. At the time of thiH writing it is expected that the law will paas during the jiresent seM8ion. — L. <). H.j (COLORADO. An HOt to creain Khtlr antl loimly board shall make anch regnlatioua for the inapeotion and disinfection thereof, wliioh regnlatioua sliall be circulated in printed form by the board among the fruit growers and fruit dealcra of the 8tate, and sliall be pnbliahed in at least three iaaiies of a paper of general circulation in the horticultural counties of the Htate. Such regulations so published shall bo held to impart notice to all iiersous within this State, and shall bo binding on all persona. Skc. 5. Whenever n petition is presented to the board of county commissioners of any county, signed liy fifteen (15) freeholders and poaaessors of an orchard, or both, stating that in their opinion a necessity exists for protecting the horticultural inter- ests of said county, diminishing and destroying tYuit pests and diseases injurious t«) fruit trees, plants, vines, and shrnlis, the said county commissioners shall appoint three (3) competent and experienced practical horticulturists, who shall be known as the county board of horticulture of such county. (Snid county board shall be auxiliary to the State board in the extermination of frnit pests and diseases injurious to fVuit, frnit trees, shrubs, and vines, and to pro- mote the horticultural interests of the State. The members of said board shall hold ottico for two years, or until their successors are appointed, and serve without pay. They shall select from their number one president and secretary, and shall hold their meetings as often as they may deem advisable. Said board shall appoint a competent, experienced horticulturist, a person who shall be known as the county inspector. 8aid inspector shall receive three (3) dol- lars per day and ten (10) cents per mile for each mile necessarily traveled when in the performance of his duties, to be paid out of the county treasury, bnt his total compensation for one year shall not exceeiH ^V-'i''!*" -'■' t ^ -^ <-, I »ui».-h.«. ■.gt.-*T,\^>cjwM.ijniBMh&itiia?.' ■•■ fh it receiveu hbjection to it JH.Hinith, tbe mIh of persoiiH It the time of |g th(^ prvsent hi <'<>UI|ICDII«tif griil'tH, 8oiona, ct4Ml iiiitU*rial or siiid board shall liioli rognlatiouB rowers and fruit les of a pai>er of :h regalations so State, and shall Rommissioners of orcliard, or both, rtk-ultural iuter- 'nses injurious to re Bhall appoint shall be known ixtermination of ines, and to pro- board shall hold •ve without pay. , and shall hold It, a person who ve three (3) dol- raveled when in ry, but his total "s. Said county B, or from well- iftt any locality, irith contagious other localities 9r entered upon or places shall ever, iis in the ich locality has &1 ceaaed, they niny suspend such quarantine regnlations, and Hhall immcdiutely report the fact to I bo State lionrd, who may approve or disapprove such action. Bkc. 7. It Hhnll bo the duty of the county board of liorticultural conuniiMioncra in each county, whenever tliey shall deem necessary, to cause an iuspection to Ite m««le of any onhanl, uurHery, or trees, or any fruit-packing house, storeroom, or sale* room, or any other place within tlieir lurisdictiou, and if found infested with |iestH or iliseaHeit iuJuriouH to fruits and fruit trees, vines, and plants, they shall notify the owner or owuerH, person or peiHous in charge or possession of the trees or place as aforcNaid, that the Hanie or any of them are infected with insects, or their eggs, or larvtf, and they shall re<|nire such perMtn or persons to disinfect the same within a cnrlnin time, to be specltled in said notii e. If within such time such disin- fection has not been accomplished, the said person or persons shall be ref|uired to nmke application of such treatment for the purpose of destroying them as the said counuisaiouers shall prescribe. Maid noticcM may bo served n)MMi the person or per- sons owning or having charge of such infected trees or places or articles aforesaid, by any comniisHioner, or by any one deputiated by them, or they may be served the same as summons in a civil action. If the owner or owners, person or persons in charge or posHession of orchard or nursery, trees or places, or articles infested with said insectH, or any of tli(;m, tlieir liirvie or eggs, after having been iiotitled as above by said board to destroy the same or make applicatitm of treatment us dintcted, shall fail, neglect, or refuse so to do, be or they sliiill be guilty of maintaining a public nuisance, and shall be punished by a tine, tillable in a sum not leas than tlve (5) nor more than one hundred (100) dollars; and any such orchards, nurseries, trees, or ]ilaccs or articles thus infected after such conviction shall be adjudged anil the same is hereby declared a public nnisauce, and may be proceeded against aa such. If defendant be found guilty, the court in its Judgment shall order the said county boani of horticultural commissioners to abate the same, and the expense thus accrued shall be taxed up as costs against the defendant. The district and county courts shall have Jurisdiction in such cases. 8r(;. 8. It slmll be the duty of every owner, possessor, or o<-cupier of an orchard, nursery, or land where fruit trees are grown within this State, or any importer ot trees, shrubs or vinos, to dlHinfcct, ns may be directed by the county boards of horti- culture all fruit trees grown on such lands infested with any insect or insects or the germs thereof, or infected with any contagious disease known to be injiirions to iVuit or tViiit trees, shrubs, or vines before the removal of the same from said premises for sale, gift, or distribution or transportation. 8iec. 9. In counties not having a coanty board of horticultural commissioners, the State board shall possess the same powers ond perform the same duties im devolve upon the county board. Sxc. 10. The State board shall have power to anthorize the holding of State horti- cnltnral exhibitions (etc.). . • « « « « « . n ' Skc. 15. In the opinion of the general assembly an emergency exists ; therefore this law shall be in force and eti'ect from and after its passage. Approved, April 5, 1893. Regulations e8tal>]iHlie iiiH)iertioii anddisinfer- tion of graftR, scioiiH, iirohard debris, empty fruit bozeH and packagew and other HaM|i«ctfMl material or transportable articles, dangerous to orrhanls, fruit, or ftnit tree*, in compliance with section 4 of an enactment by the genernl asRenibly of the State of Colorado, entitled "An act to create State and county bonnis of horticulture; doline their duties and compenBalioD; to protect and promote the horticultural interests of the State." Article 1. It shall Ite the duty of every owner, possessor, or occupier of an orchard, nursery, or land where fruit trees are grown within this State, to disinfect all tVuit trees grown on such lands infested with any insect or insects, or the germs thereof, pr infected with any contagions disease known to be injurious to fruit or fruit trees, 82 1ii«riirt> tli« ii'iHOx It) of thti Nuiue rniiii hiivIi prciiilUH for aule, gilt, tUittribiitiou, or tr»nN)Hirtatiou. I'lnit ItoxeN which have been iimU for itM|ipiiiK fruit to any di^Mtinntioii ari> hereby ri'i|iiii'il for iiny |Mir|ioNf. All boxen nitnriicti to itiiy orcbiirti, Ntort-rooin, siilim room, or any |»bir« iiituil or to b«< iiMtMl for HtoniK<<. Nlii|i]iliig, or iiny otiier |)ur|HiH<-, iiiiiNt bo iliMiiifuctiul within throe ilsyH aftrr tlit^ir ri'tnrii. 1 All iia< kuKci known im frcit packuKnH nuiMt b<- Htrnyoforfl being } nNe<>, or occn|)i«r of any orcbanl within thiH Ktatu to gather all fruit infpittiHl by thit iniwM-tH known iw the rtHlling uiotb, :"j, iHMK'li moth, red HpiiUtr, plum weevil, or kindred noxiouH inaectii, their litrvic or ii!'ll pupa-, which hat) falli u from the trite or lrc«'M, aH often aH once u week, and eality declared by the Htato board of horticulture to b() infeated with fruit tree or orchard pests, or infected with contagiona diaeaaea iu.juriouH to treea, planta, or fruits, nnleaa the arimu ahall have been previously disin- fected, ahall be |>roco«ded agninst according to law. When diainfecte«l, the fact ahall be atamped upon each box, packag<>, or separate ;. parcel of frnit treea, aciona, cuttinga, or planta; and any peraon who ahull cause to I Ite shipjied, trauaportt-d, or removed, any Huuh box, parcel, or package from a quar- li;' .: antine diatrict or locality not bearing aiu-h ataui|i, or who shall fulaely cause such atamp to be uaed, or ahall imitate or counterfeit any atamp, or device for such pur- ]ioae, shall be proceeded against aoitording to law. AuT. 4, It shall lie the special duty of each county inspector to see that the pro- viaiona of these regulations nre put in force anil effect within his .jurisdiction and all > . ofl'eiiders puniahed according to law. ' Aur. 5. All fruit tretn i, feated by any inaect or iusecta, their gernia, larva-, or pupie, or infected by any (h-i.n.tfl ■ nowii to be injuriona to fruit or frnit treea, and liable to spread contagion, unmt be cleaned or diainfected before the tirat day of May, 1893, and on or before ilw t' ceX day of April of every aucceeding year thereafter. All owners or occupant.^ ci land shall 'comply with the proviaiona of tliia acction. All fruit paekagea, treea, planta. cuttings, grafts, and aciona that ahall not be disin- 1'ect.ed within twenty-four hours after notice by the county inspector of fruit pests or the county board of horticulture, shall bo liable to be proceeded against as a public nuisance. Akt. 6. The county inspector in each county ahall, whenever it may be deemed ' necessary, make an inspection of any orchard, or treea, plants, vines, or fruits, or any fruit -packing house, storeroom, salcarooin, or any other place or article in his juris- diction, and if fouiiil infested with scale insects or codling moths, or other pests 1 tvw-:iin^'«if*I»fc.irf*;*?-t*!-»r'ifct*JWi^g&<*^,'-^';i«Mlil«S!rf^atA**iM?^^ .Mun^^ lilmtributiou, or lition iiri> iiereby In*'. Iilurti iiHutI or to Iti'il within three ■toil iM't'oro being nrcliani witliiu tckIIImk uioth, thoir lurvii- or |»f)k, anlant8 from any Hball place npon uit trccH, Hciung, 10 owner or ahip- iHe to 1m3 shipped, -d of horticulture itngions diHuiitios previously disin- kagc, or separate ho Mhall cause to a^u from a quar- ilttely cause such 'ice for such pur- 90 that the pro- risdictioD and all I, larvii', or pupie, ees, and liable to ay of May, 1893, thereafter. All s section, hall not be disin- or of fruit pests led against as a may be deemed , or fruits, or any tide in his juris- », or other pests inJarioiM to ttnit, pUntN, trees, or viiies, or with their eggs or lanra*, he ttaall notify tha owner or owven or person or p«>i*Hona in charge or in poaseaalon of said pUcea.or orchards or nunwriet, trees or plants, vluf«, I'rnit, ur articles as afoioaaid, that the sama are infested with saiil inseclH or other peats, or any of tliein, or their eggH or larvw, and he shall ret|uire nuch person or peritoas to eradicate or destroy them, the said insoata or other pests, or their eggs or larvu-, within a certain time to Ite speci- fied by him. Hhonid snch owner or o« ncrs, person or persons in charf* or posseasioii of orchard or nursery trees, or places or articles infcHta, then proceedings shall be taken against snch person or persons for maintaining i public nuisance, as provided by law. Whenever any such nuisance shall be found t> exist at any place within the Jurisdiction of any connty inspector or on the property of any nonresident, or on any property, the owners of which can not be found by the county inspector after diligent search within the connty, or upon the property of any owner or owners upon which notice aforesaid has been served, and who shall refiise or neglect the same within the time specified, it shall be the duty of the county ins]>ector, acting under the onlers of the county board of horticulture, or State board of horticulture, to cause such nuisance to be at once abated by eradicating or deatroylng said insects or other pests, or their eggs or lame, and shall make an expense bill thereof and present same to board of county commissioners for payment. AitT. 7. Disinfection, as provided by these regulations, shall be to the satisfaction of the county board of horticulture having Jurisdiction. Art. 8. Any person or persons or corporation violating any of these regulations shall be proceeded against according to law. Passed at a meeting of the board of horticnltnre held at the secretary's otHce, in Denver, Colorado, this the 8th day of April, 1883. W. B. OSBORN, Pretident, Loveland. John Tobias, Secretary, Denver, C. W. Stkelr, Grand Junction. David Brotiikrs, Wheat Ridge. W. 8. COBUHN, Paonia. Memhere Colorado State Board of IIorUoHlture, BBITIBB COIiUMBIA. Chapter XX. An set to eonsolidsta and smsnd the set* renpectlng the Pravlnoial Board of Hortlcnltniv. Her Maieety, by and with the advice and eonunt of (A« Ugielative aeeembly of the Province of Britiih Columbia, enao$e aefollotee: Skctiom. 1. This act may be cited as the " Horticultural board act, 1894." Sec. 2. There is hereby created a provincial board of horticulture, to consist of two ex-offlcio members, vis, the minister of agriculture and the statistician (who shall act as secretary of the board) and five members, who shall be appointed by the lieotenant-govemor in council, one from each of tho horticultural 'listricts which are hereby created, to wit: [Bnnmeratlon of dlstrloin.] Sec. 3. The members shall reaide in the districts for which they are appointed ; they shall be selected with reference to their study of and practical experience in horticulture and the industries dependent thereon; they shall hold office for a term of four years, and until their snocessors are appointed and qualified; but any retir- ing member of the board shall be eligible for reappointment : Provided, however, that three of the board first appointed (to bo determined by lot) shall retire at the expira- 12125— No. 33 3 .vV^tfW^;ia^-tvitHi-^*»***ipJt<^^ w b\ 85 la h,- , * tion of two years. All '""fancies in the boaiu nhall be filled by appointment of the lientenunt-governor in council, and shall be for tho unexpired temi. Skc. 4. The lieutenant-governor in council niuy appoint a treasnrer of the board, who shall give a bond to the lieutenant-governor in council, with two or more suflScieut sureties, in the sum one thousand dollars for the faithful perforninice of his duties. The treasurer shall hold bis appointment at the pleasure of the lioutonant- governor in council. Before entering upon the discharge of his duties, each mem- ber of the board shall take and subscribe to an oath of allegiance, and to faithfully discharge the duties of his office, which said oath shall be filed with the provincial secretary. Sec. 5. The board shall receive, manage, use, and hold donations and bequests of money and property for promoting the objects of its formation ; it shall meet in the months of April and October of each year, and as much oftener as it may deem expedient, for the consultation on and for the adoption of those measures that will best promote the horticultural industry of the province : it may, but without expense to the province, select and appoint competent and qualified persons to lecture in each of the districts named in section two of this act, for the purpose of encouraging and improving practical horticulture, and imparting instruction in the best methods of treating diseases of fruits and fruit trees, cleaning orchards, and exterminating orchard pests. Sec. 6. The office of the board shall be located ut the Department of Agriculture ; it shall be kept open to the public, subject to the rules of the board, every day except SundayK and public holidays, and shall be in the charge of the secretary during the absence of the board. Skc. 7. For the purpose of preventing the spread of contagious diseases in orchards and gardens and among fruit and fruit trees, and for th.3 preveuMon, treat- ment, cure, and extirpation of fruit pests and the disease of fruits and fruit trees, and for the disinfection of grafts, scions, or orchard dt^bris ompty fruit boxes, or packages and other suspected material or transportable articles dungei'ous to orchards, fruits, and fruit trees, said board may make regulations for the inspection and disinfection, or destruction thereof, or of nonfruit-bearing trees or shrubs which may carry contagion, and also for requiring all cases r .' coutagious diseases, or fruit pests, as aforesaid, to be reported to the board, which regulations shall be circulated in printed form by the board, among the fruit growers and fruit deal- ers of the province, and shall be published in the Dritish Columbia Gazette, and, at the discretion of the board, in papers of general circulation in the province, and shall be posted in three conspicuous place!^ in each district, one of which shall be a court-house therein ; and every such regulation, when published in the British Columbia Gazette, shall, so far as the same shall not have been in like man- ner repealed or varied, be deemed to be and have the force of law, nnd be so recog- jiized in all courts in the ]>rovince. (a) In and by such regulations the board may fix and impose any fine or penalties for the enforcement of the provisions thereof not exceeding in amount the fines and ' penalties hereinafter provided in case of the evasion of any of the provisions of this act. (6) All fines and penalties imposed by any such regulations shall be recovered with costs upon summary conviction before auy justice of the peace, in accordance with the provisions of the "Summary convictions act, 1889," and when collected shall be paid over to the treasurer of the board for the purposes of this act. Sec. 8. The lieuteuaut-goveruor in council shall appoint, from the number of the board or from without tlieir number, to hold office at the pleasure of the lieutenant- governor in council, a competent person, especially qualified by practical experience in horticulture, who shall be known ns " luspector of fruit pests." It shall be the duty of said inspector to visit the horticultural districts of the province to see that all the regulations of said board bo made known to the people of the province, and to eufor<;e this net nnd the said regulations in the manner therein or in the act pre- scribed. The inspector shall, i¥om time to time and whenever required by the boMd, report to it such information as he may secure from observation, experienee, and otherwise, as to the best nietho ince. Sec. 9. Any member of the board, their inspector or agent, upon the complaint of interested parties, or upon his own motion, may inspect or cause to be inspected, fruit, trees, plants, grafts, scions, nursery stock of all descriptions, orchard d6bri8, empty fruit boxes or packages, and other material, orchards, nurseries, and other places, suspected or believed to be infested with fruit pests, or infected with con- tagious diseasesinjuriousto trees, plants, or fruits, audfor the purposes thereof he shall have fiill power and authority to enter in and upon any farm, orchard, nursery, or gar- den, orany bam, warehouse, storehouse, shop, or other place or building, andif heshall find that the said frnit, trees, plants, grafts, scions, nursery stock of all description, orchard d6bris, empty fruit boxes or packages, and other material, orchards, nurs- eries and other places are infested with fruit pests, or affected with contagious dis- eases injnrions to trees, plants, or fruitn, as aforosaid, such member or inspector or agent shall notify, in writing, the owner or person having charge of such firomises or property, within a time to be prescribed in such notice, to treat and disinfect said premises or property in the manner presented in such notice; and such property shall not be removed after the owner or person in charge of tho same sh.ill have been notified in writing, as aforesaid, without the written permission of a member of the board or the inspector; and if the person so notified shall neglect or refuse to treat and d< .infect the said premises or property, in the manner and within the time pre- scribed in the said notice, such person shall be deemed guilty of a violation of this act : and if it appears on the trial that any orchard, trees, nursery, bnilding, or any other structures, premises, or property in charge of or belonging to the defendant referred to in said notice, or any part of such structures, premises, or property, ia infested or affected as aforesaid, the court may order whatsoever of the same is ho infested or affected to be disinfected or destroyed within a time to be mentioned in said order, or may make any other order that it shall deem fit: andif such order be not obeyed within the time therein specified, it sh'iU be the duty of the board, orof some member thereof, or of their inspector or agent to execute such order, and the costs and disbursements ci the prosecutioa shall be adjudged against the party convict< }. as aforesaid. (a) Incase, v\'>a inspection as herein provided, the member of the board, inspec- tor, cr agent finds any of the premises to be infested with fruit pests or affected with contagious disease, but is unable to take the proceedings herein provided by reason of there being uu p(-rson in charge, or either the owner or his whereabouts being unknown, he shall he at liberty to cause the same to be disinfected, and the costs and expenses thereon shall be a lien upon the propel 'y, which may be euforoed by seizure and sale of a sufficient quantity thereof to satisfy the same: Provided, however, that no property shall bo destroyed under this subsection until an order therefor has been obtained from a justice of thn peace, which order any justice is hereby authorized to make upon proof of the urgency of the case or of reasonable efforts having been made to ascertain the owner or person who should be in charge of the infected property. Sec. 10. It shall be the duty of the secretary to attend all meetings of the board, and to procure recoj-ds of the proceediuge and correspondence, to collect books, pamphlets, periodicals, and other documents containing valuable information relat- 36 «T ing to hortionltnre, and to prefl«rvfl the same; to collect statistics and Hher infonna> tion showing the actual condition and progress of hortioultare in this province and elsewhere; to correspond with agricultural and horticultural societies, colleges, and suhoolti of agriculture and horticulture, and other persons and bodies, as he may be directed by the board ; and prepare, as required by the board, reports for publication. Sko. 11. The treasurer shall receive all moneys belonging to the hoard, and pay out the same only for bills approved by it, aud sball render annually a detailed account to the board of all receipts and disbursements. Sec. 12. The board shall annually, in the month of January, report to the minister of agriculture a statement of its doings and any regulations made under this act, with a copy of the treasurer's account for the year preceding, and abstracts of the reports of the inspector of fruit pests, and of the secretary ; and such reports shall be laid before the legislative assembly immediately, if it be in session, or, if not, within fifteen days after the opening of the next session thereof. The members of the board shall receive as compensation for their services their mileage actually paid out when attending the meetings of the board, aad t'tiuil bn allowed a sum Tiot exceeding five dollars a day for time actually employe<<, to be fixed hy the lieutenant- governor in council. Sec. 13. The said board shall, when makiag its annnal statement, '^pott to the minister of agriculture what, if any, legislation is needed in aid oC tht) ,.•.'■ t,i uUnrnl aud fhiit-growing interests of the province. 8kc. 14. The powers and duties devolving by this act upon the k » ". . ».id the in8i>eotor of fruit pests, in relation to fruit und fruit trees, shall ex and 1 > hops and hop plants for the purpose of preventing the spread of disease among hops rtnd hop plants, and of extirpating any pests aflfecting the same. Sec. 16. Every person violating the provisions of this act shall be liable, upon summary conviction before one justice of the peace, to a penalty not oxceeili ig fifty dollars. Src. 16. The "Horticultural boaid act, 1892," and the "Horticultural board act (1892) amendment act, 1893," are hereby repealed, and the foregoing provisions sub- stituted in lieu thereof. Provincial Board ok Horticdlture. [Rulea and regulations made and published under authority of section 7 of the "Horticultural htiard act, 1894."] rule. Section 1. These regulations may be cited as the "Horticultural regulation 1894." Definition of pe»U. Sec. 2. In these regulations the word " pests" shall mean and include woolly apuis apple-tree aphis, scaly-bark louse, oyster-shell bark louse, Sau .Josi^ scale, red scale. liorers, codlin moths, currant worms, or other known injurious insects, an«< oil fun- gous diseases. Notification of the pretence of pestt. Sec. 3. AH nurserymen, fruit growers, and all persons owning, occupying, or managing an orchard, garden, or nursery infested with any ][>est shall notify the niouiber of tlio board for the district in which such orchard, garden, or nursery is looctted, or the secretary or inspector, or the agent of the board in the district, of the fact tiiat such orchard, garden, oi nursery is so infested. Itt$pection of nursery ttook. ■■'■( Sec. 4. All dealers, nurserymen, or persons importing, selling, or disti;!>' . ;'^ nursery stock, trees or plants, for which no clean certificate is in force, shall, bi;ti .e distributing or offering for sale any article above meutioued, notify the member of th« board, his agent, or representative in whose district any anoh article is found, or the secretary of tha board, or the inspector of frnit jMsts, who shall inspect, or cause to be inspected, such nursery stock, trees, or plants, and if they are found to be f^ee ftom pests shall issue a certificate to the owner or person in charge, stating that said articles appear to be free from pests. Such certificate shall be in force tor three iQonths Stova date of issue unless revoked by farther inspection. Ditinfection of nnreerfi otook, tree$, andplante. Skc. 6. All persons owning or having in their possession onrsery stock, or tree* and plants of any kind, infested with insect pests or fungous disease, shall oanse -the same to be disinfected and cleansed by using the remedies herein prescribed, or each other insecticides and fungicides as may lie found effective and are approved of by a member of this board or the inspector of ttnit pests, and no such infested nursery stock, trees, oi plants shall be sold, forwarded, distributed or parted with until a certificate of the satisfactory cleansing thereof shall have been obtained flrom a member of this board, or his agent, or the inspector of fhiit pests. /fispeetioM of imparled fmit. Sec. 6. All importers of f^uit must give notice to a member of the lK>ard of horti- culture, or his agent, or the inspector of fhiit pests, upon the arrival of any and all shipments of flruit; and all fruit and f^nit packages imported into this province shall be inspected, and if found to be free flrom insect pests aud fungous disease a clean certificate shall be issued therefor in conformity with the rules and regula- tions of the provincial board of horticulture : Provided, however, That no ftuit or frnit packages imported into this province shall be removed from any dock, wharf, mole, or station where such ftuit or fmit piMikages have been landed, before inspection and such clean certificate thereof shall have been obtained, and all such Amit and fruit packages as may be found infested with any insect pest or fnagous disease shall be either destroyed by the importers thereof by such process as any member of this board, the inspector of flrnit jiests, or any agent appointed by this board may direct, or shall be reshipped by the importers thereof to the country from whence such infested A-uit was exported. In»ptetion of imported and hotne-grown frnit. Sbo. 7. All fruit, whether imported or grown in this province, or exposed for sale, shall be subject to inspection under the authority of this board, and if found to be infected with any injurious insect pest or the larvie thereof, shall be quarantined or may t>e destroyed at the expense of the owner of said trait by such methods as this board or its agents may direct. Labeling. . 8e<'. 8. All persons shipping, sending, or delivering any frnit, frnit trees, sclona, cuttings, or plants within the province, shall place upon or securely attach to each box, crate, or other package or parcel containing the same a distinct stamp, mark, or label showing the name of the producer and the shipper or sender, and the locality where grown. Treatment of nuraerfi etoek. Src. 9. All infected nursery stock shall, before being distributed, be disiufeoted by dipping in a solution of one pound caustic soda (concentrated lye) and one pound whale oil soap to every five imperial gallons of water, thoroughly dissolved, and applied at one hundred and three degrees Fahrenheit, in a vat or any suitable vessel, or the said nursery stock may be disinfeetod by covering with an air-tight tent or box, and for each and every one hundred cubic feet of space therein one ounce of fused cyanide of potassium (fifty-eight per cent), one fluid ounce of sulphuric acid, SiniPSSHMS S8 „ .. ^«r.«4^^r.hii1llMnae4l The cyanide of potaMianiBhftll be placed ioiirfl l.m«. »«.«->'»«.. p~» or ,U.ir Ur.. .» d»«.,«l. Kemedie*. IHore follow. « lengthy en..m.^r«tio.. of rem«dlr« n» M^itlon 10.1 «,n 1 1 Where mstH or ftinguB diseases are fonnd to exist during the growing sea- 8KC 1 . Where pe-ts or ^^f ^^ ^^..^ ^„,i ^..ch remedies applied as son, while the *'«««*'«/" ^"^['^^."^J^Hty of the hoard from time to time, so that riVrsTdT::::;r:tTrrh:^L dormant season can l»e safely applied- Deatruetion of pachagen. a All boxes crates or other packages or wrappings which have contained i„fel< aC "o^U lli he destro'yed by «re immediately aft«r the removal of the contents thereof. Hop field*. SPC 13. Where hop fields are infested with the hop louse, spraying must be done as the board fVom time to time shall recommend. renaltlea, j„i«ttni» tlift nrovisioiis of the "K'>rticultnral board act, Skc. U. Every person violating tl e P'^ ''""7' "^^j^^j^i ^oard of horticiltuie SK?;™rr^r:rLr\iiTr%.~, .o . ,»..., .». exceeding fll^jT dollars for each offense. Repealing former rulet and regulation*. svr 15 All rnles and regulations heretofore adopted and published under the authon y otthrhrrt," Iturfl board acts of 1892, 1893, -^ If* 7 '•^-^'^ "^^^"^ TdSe Ingoing rules and regulations substituted m hen thereof. ReeomtHendatione. turarael" and the regulations thereunder as adopted by this board. Correepondence. All correspondence relating to the ext.p^«on of f^^^^^ to the inspector of fruit peste or «)« "«"^\',^'„*;j„^^^^^^^ to the sec affected. Correspondence relating to other matters snouiu oe . tary of the board j ^ andkrson, By command: Secretary. OFFICE OF THE PROViNCIAL BOARU OF HonXICTULTURK, "" netoria, October 4, 1894. I I shall be placed [)ta»ainin,arter- clo«e«l tightly liuent for diain- led. \be growing I edies applied as I to time, BO that Br washes of the have contained ir the removal of ng mnst be done Itiiral board act, d of liortioiiltnre to a penalty not blished under the B hereby repealed in advancing and » withtho provin- >f the " Horticul- iild be addressed 10 dintrict may be ressed to the sec- AN0KR80N, Secretarif. No. .] 89 Promoted tunemdmentt — Honorable MinUter of Jgriaultmre. BILL. An act to amend the " Horticultural board avt, 1894." [180i-e6. Her Majeity, by and with the advice and content of the legUlative aieemhlii of the I*nh vinee of British Columbia, enaett aefollowt; Section 1. This act may be cited as the " Hortioultnral board amendment act, 1894." Sec. 2. The electoral districts mentioned in section 2 of the " Hortieoltaral board act, 1804," are those existing before the passing of the "Legislative electorates and elections act, 1894." Skc. 3. Section 7 of the said act is hereby amended by inserting thereiii immedi> ately before subsection (a) the following as clause (2) : "(2) The power to make regulations for inspection shall include the power ta establish and vary places and quarantine stations where such inspection shall be carried out and to make regulations in regard to the forwarding thereto and deten- tion thereat of articles requiring inspection." Skc. 4. Said section 7 is also further amended by adding to subsection (a) thereof the following : " And may fix a scale of fees to be taken, for inspection or other serv- ice ' under the regulations by officers carrying out the ttame, from the owners or penous in possession of any premises or property;" and by inserting in the first line of subsection (6), after the word " imposed," the words " of fees authorized." All constables or other peace officers shall, when calleil upon by any member of the board or any authorized agent thereof, aid and assist such member or agent in csr- rying out the provisions of this act. MISSOURI. EuBjtOEKCY Laws Aoainst the Bocky Modktain Locust or Western Orass- H07FKR. Ab act to enoonrage the deatrootion of grassbopper*. Be it enacted by the general ansemblff of th« St^te of Miisouri, aefoUowi : Section 1. Any person who shall gather, or cause to be gathered by any person in his employ, eggs of the Rooky Mountain locust or grasshopper, at any time after they are deposited in the earth in the autumn of any year and before they are hatched the following spring, shall be entitled to a bounty of five dollars for each and every bushel of eggs thus gathered; or fur any quantity less than one bushel, bounty at the same rate, to be paid one-half by the State and one-half by the county in which they are gathered. 8eo. 2. Any person who shall gather, collect, and kill, or cause to be so collected and killed, yonng and unfledged grasshoppers in the month of March shall be entitled to a bounty of one dollar for each bushel, and for the month of April fifty cents per bnshel, and for t!ie month of May twenty-fl ve cents per bushel, to be paid in the same manner as in the preceding section. Sec. 3. Any person claiming bounty under this act shall produce the eggs and gmashopi>ers thus gathered or killed, as the case may bs, before the clerk of the county court in which such eggs or grasshoppers were gathered or killed within ten days thereafter, whereupon said clerk shall administer to such person the follow- ing oath or affirmation : You do solemnly swear (or affirm, as the case may be) that the eggs (or grasshoppers, as the case may be) produced by yon were taken and gathered by you, or by person or persons in your employ, or under your control, and within this county and State. Skc. 4. The clerk shall forthwith destroy such eggs by burning the same, and give to the person proving up the same, under his baud and seal, a certificate setting i> 40 forth in a plain taaadwritlng, without interlineation, tlio nnionnt of eggs or gram- lioppers produced and destroyed by him and the name and rcHidence cf snoh penon produoinyr the same, which certificate ehall be in the following form : State ok Midsoum, Cmmty of : This is to certify that , in the county of . A. B. did this day prove before me that he Iiad gathered, or canted to be gathered, of eggs, graaahoppera, and is entitled to the sum of dollars, and cents. Given under my hand and seal of my oiBce this -— day of , A. D. 18^. A. B., C\w\c County Cewi. Which certifloate shall be received and taken by the oollaotor of revenue of the county in which the same was given, and snoh collector shall be allowed pay ont of the county and State treasury,, one-half from ench. Sec. 5. Such clerk sliall keep a register of all such certificates given by him, in a book which he shall keep for that purpose, in which he shall note down every certifi- cate granted by him, the number and amount, and to whom granted, and transmit a certified copy of such register, under seal of the court, to the treasurer of the State, who shall not allow and pay any certificate which does not correspond with such register. Src. 6. Snch clerk shall receive for his services as aforesaid one dollar for such certified copy of the register, and the regular fee for the certificate and seal, and ten cents for each certificate granted under this act, all to be paid ont of the treasury of his county. Src. 7. As the object of this act is the rapid destruction of the locust the ensuing spring, it shall take effect and be in force from and after its passage. Approved February 23, 1877. KANSAS. An act. to provide for the deatraotion of gramhoppera, and to panUh for yiolation of this act. *■ Be it enacted by the legulature of the State of Kaneae: Srction 1. That the township trustees of the different townships, and the mayors of cities which are not included in any township of any connty within this State, are hereby authorized, and it is mode their duty, when so requested in writing by fifteen of the legal voters of the township or city, to issue orders to the road overseers of the difTerent rond districts witliin their respective townships or cities, to warn ont all able-bodied males between .{ihe ages of twelve and fifty years within their respective districts, for the purpose of destroying locusts or migratory insects. Sec. 2. It shall be the duty of road overseers, immediately after receiving said orders, to proceed at once to warn out all persons liable under section 1 of this act giving notice of the time and place of meeting, and the tools to be used, and the kind of work expected to be performed, and all work shall be done and performed under the direction of the road overseers. Src. 3. Any persons over eighteen years of age, warned out as provided in this act, may pay the roa I overseer the sum of one dollar per day for the time so warned out, and in case any persons shall fail, to perform labor under this act, or paying the sum of one dollar when so warned ont, shall be adjudged gnllty of a misdemeanor, and on conviction shall bo fined the sum of three dollars for each day so failing or refusing, and the moneys so collected shall be expended by the road overseers in the destruction of grasshoppers in their respective road districts. Src. 4. For the purpose of carrying out the provisions of this act the road over- seer is authorized to enter upon the premises of any person lying within the town- ship where each order of the township trustee is in force with a snfllcient number of hands and teams to perform snch labor as he may deem necessary for the public good. »a5t|,j egg« or grau- •noh penon y prove before grsHhoppeie, K. D. 18-. 'ountf Court. reveuae of the wl pay ont of n by him, ia a every oertifl- and tranamit a ir of the State, ond with anoh iollar for such e and seal, and of the treasury iBt the enauing Ion of this act. and the mayora bin this State, 1 in writing by ira to the road nahips or cities, ty years within l^tory insects, receiving said on 1 of thia act » uaed, and the I and performed M provided in for the time so der this act, or jed guilty of a in for each day Bd by the road diatricta. the road over- thin the town- sient number of for the public Skc. 5. It ahall 1»e the duty of tiie secretary of the State Board of Agriculture, immediately after the passage of this act, to compile, in circular form, all informa- tion relating to the manner and means heretofore used for the extermination of graaahoppera, and aend at leaat ten ropiea of the same to each township truatee in the State. 8rc. 6. Thia act ahall take effect and be in force from and after ita publication once in the Commonwealth. Approved March 6, 1877. Au act providing for a oonoert of w^tion by Mnatorial (Ustriota for the dMitmetlon of grssihoppeni. Bt it mooted ky tht legitlature of the State of Kametu : Srction 1. That in any senatorial diatrict in the State of Kanaaa where trouble ia anticipated fW>m the ravages of young grasshoppera in the year 1877, and any subae- qnent year thereafter, it ahall be lawfkil for the oountiea in aaid aenatorial diatrict to cooperate together, in the way and manner herein provided, for the deatruotion of the aame. Sbc. 2. llie ohairman of the board of eonnty vommiasionera in the county having the largest number of inhabitantB in a senatorial district, where two or more counties form said district, may notify the ohairman of each of the boards of county com- missioners of the remaining counties in aaid district of the time and place where the ohairman of the several boards of commissioners of the respective counties form ing said senatorial district ahall hold a joint meeting. 8kc. 3. At such meeting two of their number shall be chosen to act as ohairman and secretary, and the proceedings of the meeting shall be pnbliahed in ail the newa- papera printed in the aenatorial district. Sbc. 4. Said meeting shall designate the manner of procedure by the road over- seers, and what day or days the young grasshoppers should be driven from the culti- vated land on the unbumt prairie or places of deatruotion, and ahall alao deaignate on what day or daya the graaahopper ahall be destroyed, by burning or otherwise, in said senatorial district, giving at least ten daya' notice of the same by publishing in the newspapers of the said district. Skc. 5. The board of commissioners of each county shall notify the road overseers of said county of the time fixed upon ttj the joint meeting for the driving and burn- ing, or destroying b^ otlier means, of the graaahoppera in the diatrict ; aaid notice to be given to said overseers as coon aa practicable after the aame ahall have been deteirmined by the joint meeting. Sec. 6. Said road overaeers ahall immediately notify the reaidenta of hia road diatrict of the time deaignated and the manner of procedure, in order to carry out the proviaiona of this aet. He shall also specify what tools or implements will be required of each reaident in performing the labor required of him, and anch notice may be enforced the aame aa in the acta anthorizing road overaeera to warn out the residentato perform road labor; andarefnaal shal^ subject such persons refusing to the same penalties as are provided by law in anch caaes. Seo. 7. The road overseers shall direct the mann«r of performing the labor, and have the supervision of the same, and shall keep a list of the names of those who shall perform labor, and shall certify the number of days' work petformed by each, and ahall place anoh certified Hat in the poaaeasion of the boaM of county com- missioners of his county. Sec. 8. It shall be lawftil for two or more senatorial districts to cooperate to- gether under the provisions of thia act, on a baaia of action which they may agree upon . Sec. 9. This act shall take effect and be in force from and after its pnblicatimi iu the Daily Commonwealth. Approved March 7, 1877. MINNESOTA. ▲n aot to provide for the deitruotion of graMhoppen and their egg*. Be it enacted by the legiilature of the State of Minnettota : Hection 1. There sliall be paid by tliifi State, out of any moneys in the treunry tiivreof not otherwise appropriated, to uny person or peiBous living within any of the counties in said State atilioted l>y grasshoppers, tho following bonnties for catch* ing and destroying of the same, and the destrnction of their eggs : Sec. 2. The sum of one dollar per bushel for grasshoppers canght previous to the 25th day of May next; the huui of fifty cents per bushel from the said 26th day of Muy to the 10th day of June; the sum of twenty-five cents per bnshel ftom the said 10th day of June to the Ist day of July, and twenty cents per bushel fh>m the said 1st day of July to the Ist day of October next. Skc. 3. There shall also be paid !n the same manner the sum of fifty cents per gal- lon for any and all grasshopper eggs taken and destroyed by any person or person*. Skc. 4. There shall be appointed by the governor a competent person in each town- ship in the several counties so afflicted hy grasshoppers, who shall be a resident of the township for which he shall be ai)poiuted, to receive, measure. Mid destroy the grasshoppers and their eggs delivered to him by any person or persons catohing and taking the same, which said person so appointed shall take and subscribe an oath for the faithful discharge of his duties, which oath, together with the certificate of a|tpaintment, shall be filed in tho office of the county auditor, and he shall receive as compensation for his services such sum as the county commissiouer may deter- mine, to be paid out of the funds of tlie county ; and in case of necessity, when he can not perform the duties of his office, said measurer shall have aothivity and be 'ouipowered to appoiut a suitable and competent person his assistant, which assist- ant shall be reiiurred to take and subscribe the same oath and be subject to the same penalties as the said measurer. 8EC.-5. The person reoorving and^easuring the grasshoppers and their eggsasafore- said shall uioasure and immediately andeffectuafly destroy the same, and keep an exact acccMiut of all the grasshoppers and their eggs received by him, and the names of the persons delivering the same, and shall issue a certificate for the amount of grasshop- pers and their eggs to the person deli veriu^' theaame. And he shall, at the end of each week, after commoncing'to receive and measure the same, and on the 2d day of J une, on the lltu day of said month, on the 2d day of July, and on the 2d day of October next, make a report to the county auditor of all the grasshoppers and their eggs measured by him, the number of certificates issued, and the names of the persons to whom he issued the same; and the county auditor shall examine the same and file it in his office, which report shall be«ubject to public inspection ; and the county auditor shall, at the end of each week, after he shall have received the first of said reports, Irans- mit a copy of the said reports to the governor, who shall, as soon as theisam hereby appropriated shall have been expended in the payment of said bounties, notify all persons interested therein of snob fact by a publication of such notice in some news- paper printed and published at the city of Saint Paul, in said State of Minneaota, for three successive days. Sec. 6. For a failure on the part of said measurer to perform any of his duties under this act, or of any mismeasurement of such grasshoppers and their eggs, he shall be deemed guilty of a misdemeanor, and be subject to pay a fine of not less than tea dollars nor more than one hundred dollars, or be imprisoned in the county Jail for a term of not less than thirty nor more than ninety days, in a suit or proceeding to be prosecuted in the name-of the State of Minnesota, in the same man- ner as is providetl by law in other oases of misdemeanor. Sec. 7. Upon the presentation of such certificate to the county auditor he shall issne a certificate to the person entitled thereto for the amount due him (a form of which c&rtificate shall be furnished by the State auditor), and shall make an order 48 liu the treMiiry ' within any of ■ntiea for catoh* I iireviouB to the laid 25th day of lei from the aaid |el from the taid ly oenta per gal- rson or persona, on in each town- be a renident uf and destroy the ma catching and ibaorlbe an oath the certificate of he shall reoeive iouer may deter- cessity, when he rathority and be ut, which aasiat- ibjecttottiesame lieireggsasafore- and keep an exact the names of the ount of graashop- at the end of each 2d day of June, on ' of October next, lir eggs measured rsona to whom he and file it in his nty auditor shall, id reports, trans- s theisnm hereby unties, notify all ce in some news- kte of Minneaota, ny of his duties id their eggs, he a fine of not less iprisoned in the days, in a suit or in the same man- auditor he shall le him (a form of II malce an order upon tiie Htate auditor for the amount thereof, and the State auditor shall draw his warrant upon the State treasurer fur thnt amount in favor of the parties holding said certiUcutoH, whii-h sliall bo pnid by thn State treaxurer on presentation ; Pro- vided, That 111! oortiflcatvs prcHented to the county auditor for payment shall be by him filed uud preserved in IiIh otHce, and lie sliiill present such vertlficatcs to the bourd of county comuiisBiuuerH, who shall audit the same in the manner now pro- vided by law for auditing nccouutit aKuinsi counties; and no money shall be drawn from the State treasury until such certificates have been audited and allowed in the manner herein provided. And that no nmuey shall bo paid under the proviHions of this act at any time prior to the 15th day of .Inly, A. D. 1877, and that the money hereby appropriated shall only apply to certificates duly made and filed with the auditor of State on or liefore said day ; that at the time after the State auditor shall ascertain the total. amount of all claims and certificates ho filed, and if the .wme shall exceed in amount the sum of one hundred thousand dollars, then the said claims shall be paid pro rata, and no other or greater amount than said sum of one hundred thousand dollars tthall ever be paid under the provisions of tliis act: And provided further, That if the amount horcliy appropriatiid is not Hiittlcieut to pay the certificates in full, the balance shall be paid by the counties respectively, according to the amount due on said certificates as issued by such county. Sbc. 8. Every male inhabitant of the several townships in the said afflicted counties, being above the age of twenty-one years and under the age of sixty years, excepting paupers, idiots, and lunatics, shall bo assessed by the board of supervisors of said township to work one day in each week in said township during the period hereinbefore mentioned, for the paying of bounties, for the purpose of catching and destroying grasshoppers and their eggs, for five weeks from the time said grass- hoppers shall become large enough to bo taken ; and the amount of work to be so assessed shall not exceetl five days in all. Sbc. 9. The supervisors aforesaid shall make a list of the names of all persons against whom said tax shall have been assessed, and place in a column opposite each name on jaid list the amount of labor assessed against such person, and shall direct the town clerk to make a certified copy of each list, after which the town clerk shall deliver the several copies to the respective Averseers of the highways of said townships. Src. 10. The overseers of highways shall give at least two days' notice to all per- sons assessed to work as aforesaid, living within the limits of their respective dis- tricts, of the time and places where and when they are to appear for that purpose, and with what implements. Sec. 11. Every person liable to work as- provided for in tLls act may commute for the same at the rate of one dollar per day, in which case such commutation money shall lie paid to the chairman of the board of supervisors, to-be applied and expended by him for the destruction of grasshoppera and their eggs, and he shall be authorized and required to hire and engage some suitable and efficient person to work in the place of said person so commuting, and to pay him the sum of one dollar per day lot his services; and every person intending to commute for his assessment shall, within five days after he is notified to appear and work as aforesaid, pay the com- mutation money for the work required of him by said notice, and the commutation shall not be considered as made until such money is paid. Sec. 12. Every person so assessed an«t notified, wbo shall wilfully neglect or refhse to commnte or work aa proviiled by this act, shall be guilty of a misdemeanor, and shall, on conviction thereof, bo liable to pay a fine of not less than two dollars nor more than ten dollars, or by imprisonment in the county jail not more than ten days, or both, in the discretion of the court, in a suit to be prosecuted in the name of the State of Minnesota, in the same manner as is provided by law for prosecutions of misdemeanors. fine. 13. There Hhftll be appropriated, out of any moneyi In the treaanry of thia State nut otherwise appropriated, for the purpose <>f oiirrying out the provisions of this act, the atim of one hundred thousand dollars. 8kc. 14. llie board of county comniiasioners of any county in this Htate afflicted by grasshoppers shall have the right, if in their Judgment they see lit, to employ one or more persons in each township in said county, where snuh implement or mechan- ical contrivances us may prove most efflcient to destroy the grusahopiten, from the first day of April to the first day of August in each year, paying auoh pernons either by the day or a specified sum for the amount captured and destroyed. The compau- aation of such person shall be paid out of the general ftind of the county: Provided further, That parties employed and paid by the county oonimissionera shall not receive any cthsr or further compeusation under the provisions of tliis act. Sec. 16. This act ahall take effect and be in force fk-om and after its passage. Approved March 1, 1877. NEBRASKA. An set t« provide for the destniotlon of (raHboppers. Whereas the State of Nebraaka has for the past three years been devaatated by the grasshoppers, thereby greatly ii\]uriug the agricultural and commercial inter- eata of the State; and whereaa these interests are liable to be aarioualy damaged in the future by the recurrence of the pests aforesaid ; therefore, Be it enacted hy the legielalHre of the Stale of A'ebraika : Skction. 1. That the supervisors of each road diittrlct in this State shall, at the time when the grasahoppera shall have been hatched mt, and before the same shall become fhll-fledged and fly, notify each able-bodie*'. male resident of his district, between the ai;es of sixteen and aixty years, to perfoi m two days' labor at anch time and at such place and in anch manner aa shall by s(>id supervisors be deemed most efflcient in the destruotion of the graashoppera; aatd notices shall be given in the same manner as is provided by lai[ for the notice tc work upon public highways. 8kc. 2. Cities of the first and second class shall )>e governed by the provisions of this act, and it shall be the duty of the mayor of such cities to appoint not exceed- ing two supervisors for each ward to oversee the labor to be performed under the provisions of this act. Sec. 3. In case it shall appear that two daya' work is not sufficient to destroy the grasshoppers in any district or ward, and it shall ftirther appear that more time can be profitably employed in the destruction of the grasshoppers, the stipervisors of each ward or road district may require fh>m the persons liable to the provisions of this act not exceeding ten days' labor in addition to the time hereinbefore men- tioned; and it shall l>e the duty of such supervisor to give to each person who shall have performed labor under the provisions of this section a receipt for the number of days' labor performed, and the supervisor shall upon oath report to the city or county authorities the names and amount of labor performed by each person. Sec. 4. It shall be the duty of all persons subject to the provisions of this act to attend when notified, as herein provided, and lalrar under the direction of the super- visor of their respective district or ward. Any person who, after being notified, shnll refuse, neglect, or fail to comply with the provisions of this act, shall forfeit and pay to the county or city treasurer, as the case may be, the sum of ten dollars, together with costs of suit, which sum shall be collected by suit before any justice of the peace within the county, in an action to be brought in the name of the city or county. Skc. 5. The supervisor shall report, under oath, to the city or county authorities the names of all persons who shall have refused or failed to comply with the provi- sions of this act. Sec. 6. This Iteing a case of emergency, this act shall take effect and be in force fh>m and after its passage. Li '^^S,i, J treasury of thia lh« proviaioiia of lia Htut« afflicted lit, to employ one lieiit ' or uieohan- [>PI>er8, from the ph pernona either The oompeu- boanty: Provided lionera ahnll not Ihia art. Its paaaage. in devastated by Dmmeroial iuter- nsly damaged in tate shall, at the re the same shall it of his district, tbor at sach time I be deemed most I be given in the die highways, tlie provisions of point not exceed- rormed under the int to destroy the lat more time can le snpervisors of the proviaions of sreinbefore men- person who shall t for the namber Drt to the city or cb person. )us of this act to tion of the snper- r being notified, act, shall forfeit m of ten dollars, )fore any Jostice lame of the city unty authorities with the provi- t and be in force 45 liEOISliATlON AGAINST POUL BROOD. NKW YOKK. Lawi of thn 8Uta of V«w Turk, |iswMd at lliu nne hiinilrad aiMl aixtcnnth SMwIon of the toffitlatnre. Volume I, IMKI ; AlUoy, p. flTS. Sko. ho. The prerention of difrawa among been.— Ho person shall keep in liia apiury any colony of been afl'ucte|»ector t«> whom the roniplaint Im made to immediately iuHpt^ct the lire* believml to l»e thui iiifeoted; anil if audi inapector linds that foul brood dooH exint iimoni; Hui-h Ihmw, and the owuer d«tMireH to hiivtt them treated, naid iniipector nliall immcdiutely take charge of and control thcni nt the expentic of tho owner and give them the proper treatment for the cure of the diaeam*. In nuuh treatment he nnty destroy auch portiona of tb« heea and brood and of the hive* and rontenta uh maybe necewMary: Provided, la caae tint owner Iium any doubta about hia bvcH being iufente*!, and object* to their b«ing dn keepera of aaid county, whoahnll immediately Inapectsnch beea, and determine whether or not the beea ao inspected are diaeaaed; or, when they cannot agree, they two nuty oliooae a third from among the bee keepera of Haid county, and the throe shall proceed immediately to inspect such beea, and determine wtietber or not the bees so inspected are diseased. 8kc. 6. If the owner or person in charge of Itecs infected with fool brood aball fail to make arrangements noeeptable to the inspector for his compensation, and the necessary expenses to be incurred in the treatment andonreof the bees (which shall in no ease eiiceed three liollars per day and actual expenses), then the inspector shall immediately wholly destroy the hives and bees so infected by burning orbnry- ing the same. 8r('. 6. If any person, by threats or violence, or in any other manner, shall prevent a duly appointed l>ee inspector fVom inspecting, taking charge of, treating, or destroying bees as provided in this act, on conviction thereof before the, nearest Justice of the peace of the precinct in which said bees are kept, shall be deemed guilty of a misdemeanor, and shay be fined in any sum not less t'ln $5.00, nor more than i()25.0() for the first offense, and for each additional offense ' tail be liable to a fine not to exceed #50.00. Sec. 7. To provide for the proseontion of the dntier, of liee .. .kors nnder this act, the county courts are hereby authorisied to and shall appropriate the sum of $8.00 per day and necessary expenses for the time that the inspector is actually employed in the perforutance of his duties out of the revenues of the several coun- ties : Provided, That in no case when such inspector receives compensation from the owuer of the Itees so infected for the care, treatment, or destruction of the same, us in the act provided, shall he be paid by the several counties as in tbia section specified. Sbc. 8. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. (The exact date of the passage of this bill has not been ascertained. The copy of the law is taken fh)in the American Bee Journal for Jan- uary 8, 1892.— L. O. H.] In hln oonnty or f niiy beo owner, the beee of uny *l>ector to whom w thui iufeotetl; en, oud the owner ;e ohorgc of antl ler treatment for rtioDB of tb« bees Provided, In ewe itH to tliolr being B<1 by arbitration, ««a another, fVoin ict nnch beea, and vlion tbey cannot ' said county, and rniine whether or al brood ehall fall Busation, and the beea ( which Rhall lien the inspector r burning orbnry- iner, shall prevent fe of, treating, or »efore the. nearest , shall be deemed «n $5.00, uor more lall be liable to ^iiors nnder this priate the sum of pectoT is actually ' the several coiiu- pensation from the iction of the same, as in this section >nB of this act are sen ascertaiued. Journal for Jau* Wf*"'