CALirORNIA 
 
 A ^ 
 
 STATE COMMISSION OF HORTICULTURE 
 
 DEPT. 
 
 QUARANTINE LAWS AND ORDERS 
 
 BULLETIN No. 1 
 J. W. JEFFREY - - - State Quarantine Officer 
 
 SACRAMENTO, CAL. JULY, 1911 
 
 INTRODUCTORY. 
 
 The general appropriation bill, signed by the Governor on May 1st, 
 provided the sum of $10,000 for the two fiscal years beginning July 1, 
 1.911, to be used by the Horticultural Commissioner in publishing re- 
 ports, bulletins, circulars, and general information upon matters rela- 
 ting to the fruit and kindred industries of the State. This appropriation 
 is nearly double that provided by previous legislatures for this purpose 
 and it was made at the unanimous request of the fruit growers. 
 
 Under the former appropriations but little more than a few stated 
 reports could be published, and often the funds were even insufficient 
 for printing the regular reports. In recognition of the spirit shown 
 by the legislature and the Chief Executive in making this appropriation, 
 it is the intention of the Commissioner of Horticulture to publish all 
 official documents that may be of value to the fruit growers, the state 
 and county horticultural officials and the industry at large which they 
 represent. It is hoped by this means to bring into closer relationship 
 and cooperation the various elements concerned in any way with the 
 production and selling of the orchard and farm products of the State. 
 These circulars will be issued as often as matters of importance may 
 develop in the administration of the office, or valuable information be 
 obtainable upon subjects relating to the economics of fruit growing and 
 kindred interests. The pamphlets are intended to be helpful to our 
 quarantine officials ; to inform the officials of other states and countries 
 upon the policies of our quarantine and other divisional work; to sug- 
 gest the interpretation and application of our horticultural laws as 
 understood by the Commissioner, and to set before the people in con- 
 venient form such records as may be of use to them in their relation to 
 the horticultural offices of the State. This bulletin will be devoted to 
 the administration of the Quarantine Division of the State Commission 
 of Horticulture and the laws relating thereto. 
 
 Otft 
 
STATE COMMISSION OF HORTICULTURE. 
 
 QUARANTINE LAWS. 
 
 The statutes of California contain but two measures governing the 
 Commissioner of Horticulture, namely, the act of 1899. popularly 
 known as the "State Quarantine Law," and the act establishing the 
 present State Commission of Horticulture, enacted in 1903, and 
 amended finally June 26, 1911. The objects of the quarantine clauses 
 of both these laws are to prevent the introduction of harmful insects 
 and plant diseases into the State, to provide methods of eradication 
 should they secure a foothold, and to authorize certain agencies to adopt 
 rules and regulations for the enforcement of the quarantine provisions. 
 
 There seem to be conflicting clauses in these two acts, and their 
 phraseology taken together is someAvhat confusing. The act of 1899, 
 for example, provides in section 4 that "Any trees, shrubs. * * * 
 found infested with any species of injurious insects * * * not 
 existing in the orchards, vineyards, gardens or farms of California 
 * * * shall be immediately sent out of the State or destroyed at the 
 option of the owner." The act of 1911, known as the "State Com- 
 mission Law, ' ' makes no distinction in the methods of handling infesta- 
 tions new to the State, as against insects brought over the border of 
 species already established in the State. However, as there is nothing 
 in the latter act preventing the immediate reshipment or destruction 
 of new infestations authorized by the former, the provisions of the- 
 older act should prevail in cases of that character and no disinfection 
 be given to foreign pests, except such as is necessary to lessen the dan- 
 ger while the quarantined articles are retraversing the State on their 
 way out. The act of 1911 is intended to be a complete scheme to pro- 
 vide quarantine protection to our horticultural industries, and should 
 be the basis for all quarantine procedure of a general nature. For 
 handling most of the individual cases likely to occur attention is called 
 to the provisions of the "State Quarantine Law" (1899) relating to 
 marking incoming packages and holding the same by the carriers ; to 
 the provisions of section 4 of this law ; to the statutory quarantine 
 against peach yellows, rosette and certain animals detrimental to hor- 
 ticultural and agricultural interests. These are useful supplements to 
 the main law, and both acts should be carefully studied together by the 
 officials charged with their execution. 
 
 STATE QUARANTINE GUARDIANS. 
 
 An act approved by Governor Stoneman March 13, 1883, created 
 the State Board of Horticulture, consisting of nine members, one each 
 from the seven districts designated by the measure and two from the 
 State at large. The act empowered the board to appoint an officer 
 known as Inspector of Fruit Pests. This official, in cases of emergency, 
 and the board during its sessions were given the authority to appoint 
 quarantine guardians who were to receive not more than $2.00 per day 
 to be paid by the owners of orchards and other places under quarantine 
 regulations. The legislature of 1903 abolished the State Board of Hor- 
 ticulture, substituting therefor a law creating the State Commission of 
 Horticulture as it now exists. But the author of the law of 1903 neg- 
 
QUARANTINE LAWS AND ORDERS. 
 
 lected to include the appointment of quarantine guardians, and from 
 that time until last March, no provision was made for these officials. 
 On the 25th day of last March, Governor Johnson signed Assembly Bill 
 Xo. 965 (Cogswell) , authorizing the State Commissioner of Horticulture 
 to commission all county horticultural commissioners, their deputies 
 and inspectors as quarantine guardians, thus restoring these valuable 
 officials to the service of the State. On April 6th, the commissions 
 were issued to the following county horticultural commissioners. This 
 list will be of value to the fruit growers, nurserymen, and others who 
 are concerned with the protection of the horticultural and farming 
 industries of California: 
 
 List of State Quarantine Guardians. 
 (July 1, 1911.) 
 
 County. Officer. Post office. 
 
 Alameda Fred Seulberger Oakland 
 
 Butte Earle Mills Oroville 
 
 Colusa L. R. Boedefeld Colusa 
 
 Contra Costa Frank T. Swett Martinez 
 
 El Dorado J.. E. Hassler 1 Placerville 
 
 Fresno F. C. Schell Fresno 
 
 Humboldt (*) J. E. Jannsen Eureka 
 
 Imperial (*) W. E. Wilsie El Centre 
 
 Kern i Dave Hirsfeld Bakersfield 
 
 Kings (*) B. V. Sharp Hanford 
 
 Lake Geo. W. Lyons Lakeport 
 
 Lassen (*) 1. N. Jones Susanville 
 
 Los Angeles A. R. Meserve Los Angeles 
 
 Madera George Marchbank Madera 
 
 Mendocino J. R. Banks Ukiah 
 
 Merced N. H. Wilson Merced 
 
 Monterey J. B. Hickman Aromas 
 
 Napa A. D. Butler Napa 
 
 Nevada _ Newton Peck Grass Valley 
 
 Orange Roy K. Bishop Santa Ana 
 
 Placer H. H. Bowman Bowman 
 
 Riverside R. P. Cundiff Riverside 
 
 Sacramento F. R. M. Bloomer Sacramento 
 
 San Benito L. H. Day Hollister 
 
 San Bernardino S. A. Pease San Bernardino 
 
 San Diego C. H. Stuart San Diego 
 
 San Joaquin Wm. Garden Stockton 
 
 Santa Barbara C. W. Beers Santa Barbara 
 
 Santa Clara Earl Morris San Jose 
 
 Santa Cruz W. H. Volck Watsonville 
 
 Shasta Geo. A. Lamiman Redding 
 
 Siskiyou Jos. F. Wetzel Yreka 
 
 Solano C. K. McBride Vacaville 
 
 Sonoma A. R. Gallaway Santa Rosa 
 
 Stanislaus A. L. Rutherford Modesto 
 
 Sutter , H. P. Stabler Yuba City 
 
 Tehama Chas. B. Weeks Red Bluff 
 
 TUare A. G. Schulz Porterville 
 
 Ventura ^ E. O. Essig Santa Paula 
 
 Yolo Geo. H. Hecke Woodland 
 
 Yuba _ Geo. W. Harney Marysville 
 
 NOTE. In the following counties no horticultural commission was ever organized: 
 
 Alpine, Amador, Calaveras, Del Norte, Marin, Mariposa, Modoc, Mono, Plumas, San 
 Francisco, San Luis Obispo, San Mateo, Sierra, Trinity, and Tuolumne. 
 
 Glenn and Inyo have commissions, but quarantine guardians have not been 
 appointed. 
 
 Counties marked thus (*) have each a board of three commissioners, not having 
 organized under the law of 1909. In each of these a quarantine guardian has been 
 commissioned. 
 
4 STATE COMMISSION OF HORTICULTURE. 
 
 DUTIES OF QUARANTINE GUARDIANS. 
 
 Neither the state nor the county horticultural laws fix the duties or 
 establish the responsibilities of the State quarantine guardians. (See 
 Political Code, Chapters 600 and 299, respectively.) Each of these 
 acts simply authorizes the appointment of these officials in the following 
 words: "The State Commissioner of Horticulture may issue commis- 
 sions as quarantine guardians to the county horticultural commissioner, 
 the deputies and inspectors appointed by him." 
 
 If no other authority were given, the functions and responsibilities 
 of these guardians would be to act merely as deputies of the State Com- 
 missioner's office. But these laws authorize commissions to be issued, 
 evidently for the purpose of giving distinctiveness and formal authority 
 to the office of guardian. Furthermore, we find in the ' ' Horticultural 
 Quarantine Law" (1899), that certain duties are clearly set forth and 
 delegated distinctly to the quarantine guardians. Section 1 of this act 
 requires the quarantine guardians to be notified of the arrival of trees, 
 shrubs, etc., when brought into the State; empowers them to make 
 inspections, to enforce the proper marking of articles subject to inspec- 
 tion, and directly authorizes these officials to detain, disinfect, hold, send 
 out of the State or destroy certain articles under stipulated conditions. 
 In no case does the law intimate that the above-named acts shall be 
 done under the authority or knowledge of the State Commissioner. It 
 is clear that the legislature of 1899 intended these guardians to be inde- 
 pendent officials delegated to act upon their own judgment and respon- 
 sibility, and in no way dependent upon the State Commissioner except 
 for appointment and tenure of office. 
 
 It is obvious, however, that the whole scheme of our horticultural 
 law contemplates unity and cooperation between the various horticul- 
 tural offices, state and county, and every one connected with these 
 offices is expected to render service in compliance with the spirit of 
 these laws in respect to cooperation and harmony. As to the territorial 
 jurisdiction of the state quarantine guardian, he is delegated to patrol 
 and protect the county for which he is appointed, but there is nothing 
 in the law limiting his authority to his own county. 
 
 It is suggested for the good of the service that the state quarantine 
 guardians and the county horticultural commissioners (at present rep- 
 resented in the same persons), keep their dual offices entirely separate. 
 These officials should have clearly in mind the duties and prerogatives 
 of each office ; they should confer freely with the State Commissioner, 
 and with each other upon quarantine work, as should authorized and 
 responsible elements in the service of the State and counties, commis- 
 sioned with the duties of protecting and conserving the common weal 
 of our greatest soil industries. Records should be kept of every trans- 
 action, both as county commissioners and quarantine agents, that the 
 whole service may be improved and made fully protective to the enter- 
 prises in whose behalf these offices have been created; these officers 
 should initiate new policies and bring to bear every influence promising 
 to advance the agricultural and horticultural interests of California. 
 
QUARANTINE LAWS AND ORDERS. 
 
 QUARANTINE ORDERS. 
 
 The State Horticultural Commission Act (Political Code, chapter 
 600) authorizes the Commissioner, with the approval of the Governor, 
 to establish quarantine districts and lines, and to make regulations, all 
 for the protection of the orchard and farm products of the State. In 
 pursuance of this authority and without attempting to particularly 
 interpret the law under consideration, this Act seems to the writer to 
 separate the quarantine practice into two divisions. 
 
 Where the action establishes permanent quarantine lines or districts 
 and which restrict or otherwise affect public rights the provisions 
 plainly require the Governor's approval; where the quarantine is 
 invoked to hold up and control a shipment or any article incidentally 
 and does not involve the freedom of the public, the quarantine officers 
 may handle the case by merely serving a quarantine notice upon the 
 party in charge of the article to be detained. As the state quarantine 
 guardians will have to do with the latter class of work only, the admin- 
 istration of the law is simpler, and they are thus authorized to proceed 
 upon their own initiative to detain and handle contraband cases with- 
 out the approval of other authorities. It was the intention of the 
 framers of this act to provide legal machinery for emergency cases, and 
 at the same time restrict arbitrary, permanent action that might deal 
 unjustly with the public. The right to quarantine an infected article 
 of horticulture is a police power conferred by this statute. Its 
 efficiency often depends upon the authority to act promptly. The 
 Supreme Court has sustained this principle in holding that a horticul- 
 tural quarantine law is constitutional, and that it must be made prompt 
 and summary to be effective. It is plainly the intent of the law to give 
 quarantine officers authority to act summarily in all emergency cases, 
 observing the requirements of the act and abating or removing the dan- 
 ger as set forth and authorized by the Horticultural Quarantine law of 
 1899. 
 
 Below will be found a list of six quarantine orders issued by the 
 State Commissioner, approved by the Governor, and all but one involv- 
 ing the idea of a permanent territorial quarantine, as indicated in the 
 first division of quarantine practice referred to in the preceding para- 
 graph. All these orders, excepting No. 5, are in force at this writing : 
 
 List of Quarantine Orders. 
 
 Number. Subject. Date issued. 
 
 Order No. 1__ __Citrus White Fly __October 3, 1905 
 
 Order No. 2 Cotton Boll Weevil April 23, 1903 
 
 Order No. 3 Scale Insects January 17, 1910 
 
 Order No. 4 Cucumber Maggot March 28, 1910 
 
 Order No. 5 Eel Worm Quarantine January 6, 1911 
 
 Order No. 6 Mediterranean Fruit Fly June 24, 1911 
 
 CITRUS WHITE FLY. 
 
 The first order of quarantine issued under the authority of the act 
 of 1903 related to the inhibition of Florida plants, etc. This order has 
 been amended several times, and it is thought best to give it as it 
 
6 STATE COMMISSION OF HORTICULTURE. 
 
 appears upon the records for the purpose of clearness. The order is as 
 follows : 
 
 QUARANTINE ORDER NO. 1. 
 Citrus White Fly. 
 
 (Issued October 3, 1905.) 
 
 WHEREAS. Information has been received by this commission to the effect that the 
 White Fly (Aleyrodes citri) is prevalent in the orange sections of Florida, and that 
 oranges, lemons, and citrus nursery stock in that state are injuriously affected by said 
 White Fly (Aleyrodes citri) ; and 
 
 WHEREAS, Said Aleyrodes citri does not exist, nor ever has existed, upon the citrus 
 fruits or citrus stock of this State ; and 
 
 WHEREAS, There is danger to be apprehended from the importation of such citrus 
 fruits and citrus nursery stock into this State ; therefore, 
 
 It is declared. That a horticultural quarantine be, and it is hereby, established against 
 all citrus fruits and citrus nursery stock being imported from the^state of Florida into 
 the State of California, and all horticultural commissioners and local inspectors are 
 hereby instructed to hold any and all such citrus fruits or citrus nursery stock subject 
 to the shippers thereof, for exportation out of the State, and to take every necessary 
 precaution for the prevention of the introduction of the said White Fly (Aleyrodes 
 citri) into their districts. 
 
 (Signed) ELLWOOD COOPER, 
 
 State Commissioner of Horticulture. 
 Approved by : 
 
 (Signed) GEO. C. PARDEE, 
 
 Governor of the State of California. 
 
 Soon after the above order was issued. Commissioner Cooper received 
 a request from the horticultural commission of Los Angeles County 
 that the order be amended to inhibit all Florida stock, and the new order 
 was issued the following spring as follows: 
 
 QUARANTINE ORDER NO. 1. 
 Citrus White Fly. 
 
 (Amended March 2, 1906.) 
 
 WHEREAS. Information has been received by this commission to the effect that the 
 White Fly (Aleyrodes citri) is prevalent in the states of Florida and Louisiana, and 
 that it is found upon a wide range of plants and trees in those states, where it is a 
 serious, costly, and uncontrollable pest, and that oranges, lemons, citrus and other 
 nursery stock, as well as herbaceous and other plants, are infested with said White 
 Fly (Aleyrodes citri) ; and 
 
 WHEREAS Said Aleyrodes citri does not exist, nor ever has existed, upon any fruit, 
 trees, or plants in the State of California; and 
 
 WHEREAS There is great danger to be apprehended to the fruit industry of this 
 State from the importation of nursery stock, trees, fruit, or plants from infested sec- 
 tions in Florida and Louisiana ; therefore, 
 
 It is declared. That a horticultural quarantine be, and it is hereby, established 
 against all fruit and nursery stock and plants imported from the states of Florida 
 and Louisiana into the State of California, and all horticultural commissioners and 
 local inspectors are hereby instructed to hold any and all such plants, fruit or nursery 
 stock subject to the shippers thereof, for exportation out of the State, and to takt- 
 every necessary precaution for the prevention of the introduction of the said White 
 Klv ' Aleyrodes citri) into their districts. 
 
 (Signed) ELLWOOD COOPER, 
 
 State Horticultural Commissioner. 
 Approved by : 
 
 GEORGE C. PARDEE, 
 
 Governor of the State of California. 
 
 In March. 1910, a petition was received by the State Horticultural 
 Commissioner, stating that there existed a strong demand in California 
 for the seed of the Florida sour orange; that the enforcement of the 
 above order prevented the importation of this seed, and asking for a 
 modification of the order. The Commissioner called a meeting of the 
 fruit growers and seedsmen and the conference was held in Los Angeles, 
 attended by a large number of those interested in the importation of 
 orange seed. The Commissioner presented a draft of the following 
 order, all agreeing to abide by its provisions. Very little seed was 
 bmnu-lit in that year, but 1he report of Quarantine Deputy Woods shows 
 that from June' 1st to April 15. 1911. he inspected and fumigated 62 
 
QUARANTINE LAWS AND ORDERS. 7 
 
 lots, amounting to 236 bushels. The plan works well and to the full 
 protection of the citrus fruit industry as far as it is affected by the 
 importation of orange seed : 
 
 QUARANTINE ORDER NO. 1. 
 
 Citrus White Fly. 
 (Amended April 1, 1910.) 
 
 WHEREAS, Information has been received by the commission to the effect that the 
 White Fly (Aleyrodes citri) is prevalent in the states of Florida and Louisiana, and 
 that it is found upon a wide range of plants and trees in these states, where it is a 
 serious, costly, and uncontrollable pest, and that oranges, lemons, citrus and nursery 
 stock, as well as herbaceous and other plants, are infested with said White Fly 
 (Aleyrodes citri) ; and 
 
 WHEREAS. Said Aleyrodes citri does not exist upon any fruit, trees or plants in the 
 State of California; and 
 
 WHEREAS. There is great danger to be apprehended to the fruit industry of this 
 State from the importation of nursery stock, trees, fruit or plants from infested sec- 
 tions in Florida and Louisiana ; therefore, 
 
 It is declared. That a horticultural quarantine be, and is hereby, established against 
 all fruit, nursery stock, fruit pits, orange seed, and plants of all kinds imported from 
 the state of Florida, Louisiana, or any other sections known to harbor Aleyrodes citri, 
 into the State of California ; all horticultural commissioners, local inspectors, and 
 deputies of the State Horticultural Commission are hereby instructed and required to 
 hold any and all such fruits, nursery stock, fruit pits, orange seed and plants of all 
 kinds, subject to the shippers or owners thereof, for exportation out of the State or 
 to be destroyed ; provided, that orange seed may be received into the State of Cali- 
 fornia upon compliance with the following conditions : 
 
 Every lot of orange seed brought into the State of California from Florida, 
 Louisiana or other territory infested with Aleyrodes citri must be enclosed in a box 
 sufficiently tight and secure to prevent the egress of all insect pests should any be 
 enclosed ; every such lot of seed must be shipped to William Wood, quarantine 
 inspector, or to any other person authorized in writing by the State Commissioner of 
 Horticulture to receive it ; every such lot must be delivered at such freight or express 
 office as shall be designated by said William Wood, or other authorized person, and 
 held by him in quarantine until in his judgment the lot should be released. All 
 expense incurred in treating for disinfection of such lot of seed shall be paid by the 
 consignee or owner, and the seed shall not be released till the same is paid. 
 
 (Signed) J. W. JEFFREY, 
 
 State Commissioner of Horticulture. 
 
 Approved by : 
 
 J. X. GILLETT, 
 
 Governor of the State of California. 
 
 Before we leave the consideration of this order a very interesting case 
 is appended concerning its recognition by the United States Govern- 
 ment. The Bureau of Plant Industry at Washington is engaged in 
 plant breeding and selection in Florida, and while the Federal author- 
 ities may have the legal right to ignore our state quarantine law in the 
 distribution of these plants, they did not attempt to violate its provi- 
 sions. Wishing to distribute throughout southern California a large 
 lot of improved avocado and other plants, application for a permit was 
 made and refused by the State Commissioner, who later sent an agree- 
 ment to P. H. Dorsett of the bureau, which would permit the introduc- 
 tion of the plants without possibility of introducing the White Fly. 
 This was signed by Mr. Dorsett : 
 
 IMPORTING FLORIDA STOCK. 
 Agreement. 
 
 (Modifying Quarantine Order No. 1.) 
 
 OFFICE OF STATE COMMISSIONER OF HORTICULTURE,, 
 
 SACRAMENTO, CAL., March 4, 1910. 
 Mr P. H. Dorsett, Bureau of Plant Industry, Washington, D. C. 
 
 The conditions imposed by the State of California upon the introduction of Florida 
 stock are as follows : 
 
 1. The plants to be sent to Washington and there detained in your quarantine 
 greenhouse for a period of six months. 
 
 2. At the end of that time they may be shipped to the horticultural commissioner 
 of the county in California in which they are to be delivered. I will instruct him upon 
 your previous notification of shipments, to receive them and after examination to turn 
 them over safely to the consignee. 
 
 3. Each shipment must be accompanied by a certificate from your entomologist or 
 other authorized official stating that the plants have been in quarantine the required 
 time, and that there are no Aleyrodes citri or other species of citrus white fly in the 
 quarantine greenhouse. 
 
STATE COMMISSION OF HORTICULTURE. 
 
 The avocado plants that are now bein shipped so freely into Cali- 
 fornia under this agreement were placed in the greenhouse February 20. 
 1910, and held there over one year. The fruit growers of California 
 should appreciate the spirit of cooperation the Federal bureau is mani- 
 festing. Its officials have written that they will assist in every way in 
 preventing the introduction of pests into this State. 
 
 COTTON BOLL WEEVIL. 
 
 Cotton growing in the Imperial Valley has been developed to great 
 proportions within the last two years, and the industry may become the- 
 leading business in the rich territory of the Colorado delta if successful 
 varieties are cultivated and insect pests are excluded. By far the most 
 destructive insect affecting the production of cotton is the boll weevil. 
 This creature seems to be of Mexican origin. It had spread over several 
 counties of Texas from Mexican territory as early as 1894, and has since 
 rapidly invaded the cotton growing district of the south. In 1908 this, 
 pest had overrun the Mississippi delta, reaching toward the Atlantic 
 coast, and damaging the cotton crop that year to the amount of 
 $30,000,000, according to Secretary Wilson's report. The boll weevil 
 does not yield readily to measures of control, and should it beco*me 
 established in Imperial great loss would result, and, possibly, cause the- 
 abandonment of cotton production in that territory. 
 
 But the cotton districts of California are isolated and at present free 
 from this destructive pest. A rigid quarantine has been maintained 
 since experimental cotton planting began, special deputies have been in 
 charge who have fumigated all cotton seed introduced into the district, 
 and all precautions have been taken to exclude this great peril. Not 
 only have the domestic avenues been guarded, but a plan has been 
 adopted through which to protect the cotton fields in Mexican territory 
 adjacent to Imperial County, and thus safeguard the American fields 
 from contamination from that source. We hope by continued vigilance- 
 and the cooperation of the cotton planters to keep the California cotton 
 industry free from the boll weevil. 
 
 QUARANTINE ORDER NO. 2. 
 Cotton Boll Weevil. 
 
 (Issued April 23, 1908.) 
 
 WHEREAS, Information has been received by this commission to the effect that 
 cotton seed is about to be imported into this State from sections affected with the 
 cotton boll weevil (Anthonomus grandis Boh.), and that the same is a serious pest 
 in such sections where it prevails ; and 
 
 WHEREAS. The said cotton boll weevil (Anthonomus grandis) does not, nor ever has. 
 existed in this State, and that if introduced the same would become a serious and' 
 dangerous pest, probably spreading to other food plants ; and 
 
 WHEREAS, The cotton boll weevil (Anthonomus grandis) while not attacking the 
 seed of the cotton plant, may hibernate in the hulls or be carried in the mass and thus 
 become established in new locations ; therefore, acting upon information received from 
 and a request made by the Bureau of Plant Industry, of the Department of Agriculture 
 of the United States, it is hereby 
 
 Ordered, That no cotton seed shall be admitted into this State, and a horticultural 
 quarantine is hereby established against the same, except under the conditions herein 
 set forth: 
 
 First That in addition to the offices of the State Commission of Horticulture, 
 Capitol building, Sacramento, and room 11, Ferry building. San Francisco, El Centro 
 in Imperial County, San Bernardino in San Bernardino County. Riverside in River- 
 side County, Los Angeles in Los Angeles County, and San Diego in San Diego County, 
 are hereby declared horticultural quarantine stations for the inspection of "all cotton 
 seed coming or being imported into this State. 
 
 Second The board of horticultural commissioners of each of said counties, and* 
 
QUARANTINE LAWS AND ORDERS. 
 
 each of them, is hereby declared a special deputy commissioner of horticulture for the 
 purpose of enforcing this order. And it is further 
 
 Ordered, That all cotton seed brought or imported into this State shall be inspected 
 in the county into which it is brought by one of the deputy commissioners above 
 named. It shall then be subjected to fumigation, in a closed vessel, with bisulphide of 
 carbon gas for a period of twenty-four hours, and shall then be held by the deputy 
 commissioner for a sufficient time to satisfy said deputy commissioner that all possi- 
 bility of infestation is removed. For the purpose of more effectively enforcing the 
 quarantine against the cotton boll weevil ; it is further 
 
 Ordered., That all cotton seed shipped or imported into this State shall be consigned 
 to the horticultural commissioner of one of the above named counties, to be by him 
 delivered to the consignee when he is fully assured that there is no danger of 
 infestation. 
 
 This quarantine shall go into effect immediately upon its approval by the Governor. 
 
 (Signed) J. W. JEFFREY, 
 
 State Commissioner of Horticulture. 
 Approved by : 
 
 J. N. GILLETT, 
 
 Governor of the State of California. 
 
 TULARE COUNTY QUARANTINE. 
 
 Tulare County is known to be so generally free from scale insect 
 pests that it was thought advisable to give the citrus fruit growers of 
 that district extraordinary protection in the form of an order quaran- 
 tining all other territory, domestic and foreign, in favor of Tulare 
 County. Had the county groves been ordinarily infested with citrus 
 scales, this precaution would not have been logical or necessary. As 
 the case stood when the plan was adopted, it gave an opportunity to 
 try a new policy, and one that should prevent the occurrence of infesta- 
 tion and save the citrus fruit growers from great losses in fighting this 
 dass of orchard pests in that county. 
 
 Another fact influencing this quarantine policy was the fact that 
 Tulare County had a very large mileage of railroads, and to guard the 
 dozens of receiving stations* placed a heavy burden upon the taxpayers 
 with no assurance that the county would be able to maintain its orchards 
 in a clean condition. After having visited this section several times in 
 conf erence with the fruit growers and officials, the State Commissioner 
 devised the following plan : 
 
 To prohibit the shipment into Tulare of trees, plants and all articles 
 .liable to carry scale pests, excepting through designated stations of 
 entry. A quarantine order was issued to that effect. In pursuance of 
 this arrangement the county horticultural commissioner agreed to 
 inspect, without expense to the State, all nursery stock arriving at the 
 points of entry. All the county horticultural officials were then ap- 
 pointed state quarantine inspectors under the provisions of the act of 
 1903. After a few difficulties with the railroads had been overcome 
 the plan worked to the entire satisfaction of growers and nurserymen, 
 and has become a fixed policy, supported especially by the citrus fruit 
 men. The order is as follows : 
 
 QUARANTINE ORDER NO. 3. 
 Tulare County. 
 
 (Issued January 17, 191 \) 
 
 WHEREAS, The State Commissioner of Horticulture has determined from common 
 report, from personal inspection, and from the report of the state quarantine officer 
 that the commercial citrus fruit trees and all others as far as examined in Tulare 
 County are entirely free from the Red Scale (Chrjjsomphalus aurantii), Black Scale 
 (Saissetia oleae), Purple Scale (Lepidosaphes beckii), and other scales detrimental 
 to the production of fruit ; and 
 
 WHEREAS, There is continual danger of the introduction of the said scales and 
 others into Tulare County ; and 
 
10 STATE COMMISSION OF HORTICULTURE. 
 
 WHEREAS, A reasonable quarantine regulation would protect the fruit interests of 
 the said county without violating the rights of other sections ; therefore 
 
 It is declared, That a quarantine be and is hereby established against the importa- 
 tion of all fruit and nursery stock and plants into Tulare County, and the horticultural 
 commissioner, his deputy and all his inspectors are hereby instructed to hold and 
 cause to be returned to the points where the shipments originated all such stock found 
 within the said county of Tulare ; it is unlawful during the continuance of this order 
 for any railroad, express or other company or individual to bring or cause to be 
 brought into said county such stock or to receive it for delivery ; provided, that all 
 such nursery stocks and plants may be delivered and received at Porterville, Lindsay, 
 Exeter, Tulare, Ducor, Dinuba, Pixley, Angiola and Terra Bella, all within the said 
 county, and it is hereby declared that the above named stations are in no way 
 affected by this order, and at the places named all such stocks may be received and 
 will be promptly inspected, and if found clean they will be released. 
 
 (Signed) J. W. JEFFREY. 
 
 State Commissioner of Horticulture. 
 Approved : 
 
 J. N. GILLETT, 
 
 Governor of the State of California. 
 
 THE MELON FLY. 
 
 For several years the melon or cucumber maggot has been discovered 
 in certain fruits and vegetables arriving at our ports from Hawaii. This 
 pest is particularly destructive on these islands, attacking melons, 
 cucumbers, tomatoes, beans and other vegetables. Specimens of this 
 fly's work are on exhibition at the Insectary, found in shipments from 
 Honolulu, of the most revolting character. By careful inspection and 
 the rigid enforcement of the following order the fly has been kept out 
 of the State : 
 
 QUARANTINE ORDER NO. 4. 
 The Melon Fly. 
 
 (Issued March 28, 1910.) 
 
 "WHEREAS, From information that has been received by this commission, and the 
 fact having been duly determined by the commission, it appears that a certain fruit 
 and vegetable fly known as Dacus cucurbitae is prevalent in the Hawaiian Islands, 
 and very destructive to watermelons, muskmelons, cucumbers and tomatoes on these 
 islands, and that the said Dacus cucurbitae is not known to exist in the State of 
 California ; and 
 
 WHEREAS, The introduction of this fly into the State would entail great and irrep- 
 arable losses to the horticultural products subject to its attacks ; and 
 
 WHEREAS, The most rigid inspection can not determine the presence of the larva or 
 maggot of this fly without the destruction of the fruit or vegetable which may be 
 infected ; therefore, 
 
 It is ordered, That a horticultural quarantine be and is hereby established against 
 watermelons, muskmelons, cucumbers and tomatoes imported from the Hawaiian 
 Islands or other territory known by the state commission to contain infection of the 
 Dacus cucurbitae, and all deputies of the State Commission of Horticulture, county 
 horticultural commissions and horticultural quarantine officers are hereby instructed 
 to hold all such fruits or vegetables above described for exportation out of the State 
 or to be destroyed as may be directed by the owner or consignee. 
 
 (Signed) J. W. JEFFREY, 
 State Commissioner of Horticulture. 
 Approved : 
 
 J. N. GILLETT, 
 
 Governor of the State of California. 
 
 POTATO EEL WORM. 
 
 Early in January of the present year the horticultural commissioner 
 of Sacramento County discovered the eel worm in a carload of potatoes 
 upon the local market. This pest is not known to exist in California, 
 and. as the destruction of the lot might involve litigation, the infestation 
 was handled through a regular quarantine order which was made the 
 basis for disposing of many carloads of similarly infested potatoes from 
 a small valley in Nevada. The Sacramento car was sent back to Reno, 
 where the potatoes were transferred to another car, shipped to Los 
 
QUARANTINE LAWS AND ORDERS. 11 
 
 Angeles, and there held up and sent back again to Nevada. In such 
 cases as this the quarantine officers should have the authority to destroy 
 the lot, regardless of the wishes of the consignor. 
 
 Meantime, circulars of warning had been sent all over the State 
 resulting in the discovery of nearly a dozen infested lots at Bishop, 
 Independence, San Francisco and Sacramento. As there were no 
 quarantine guardians in the State at this time these shipments were 
 disposed of at great disadvantage. No such trouble can occur since the 
 law of 1911 has become effective. This incident has caused the Nevada 
 State University to make an investigation of the infested area, and 
 steps will be taken there to eradicate the pest. Quarantine guardians 
 should be vigilant in the inspection of farm produce, for the spirit of 
 the law does not confine their activities to horticultural protection. It 
 will be noticed that Order No. 5 is in form different from the preceding 
 orders. The secretary in this case quarantined the car upon his author- 
 ity as an officer of the State Commission, and it was not necessary for 
 the Governor or the Commissioner to approve this order. It will be held 
 by the Commissioner that a quarantine order of temporary nature and 
 one not involving the quarantining of a territory, may be legally made 
 by any authorized deputy or state quarantine guardian. The following 
 is the order, and it may serve as a form for use by the latter : 
 
 QUARANTINE ORDER NO. 5. 
 The Potato Eel Worm. 
 
 (Issued January 6, 1911.) 
 
 Wood, Curtis d Co., Sacramento, Cal. 
 
 GENTLEMEN : This is to certify that I have this day inspected a carload of potatoes 
 (1843 P. F. E.), containing 251 sacks, consigned to you and shipped by G. Boni Nucci 
 from Canty, State of Nevada, and have found the same to be badly infested with a 
 nematode worm ( Tylenchus devastatrix) , a parasitic worm destructive to potatoes, 
 which does not exist in this State. 
 
 In accordance with section 4 of the horticultural quarantine law of the State of 
 California, I hereby order this carload (251 sacks) of potatoes shipped out of the 
 State of California, or destroyed, at your option, within forty-eight hours from the 
 serving of this notice. 
 
 (Signed) O. E. BREMNER, 
 
 Secretary State Commission of Horticulture. 
 
 MEDITERRANEAN FRUIT FLY. 
 
 By far the most alarming development of fruit pests of foreign origin 
 is the appearance of the Mediterranean fruit fly in the gardens and 
 orchards of Honolulu. The invasion of this insect was discovered by 
 the horticultural officials of Hawaii last October, and a campaign is 
 now under way for its eradication involving the expenditure of a large 
 sum of money. This will lessen the danger of California orchards 
 becoming contaminated from this source, but it does not make protective 
 measures any less imperative locally, for the pest may be impossible of 
 extirpation, and remain a continual menace to the fruit industry of the 
 United States : 
 
 QUARANTINE ORDER NO. 6. 
 The Mediterranean Fruit Fly. 
 
 (Issued June 24, 1911.) 
 
 SACRAMENTO, CAL., June 24, 1911. 
 
 WHEREAS, The State Commissioner of Horticulture has received official notification 
 from the Board of Agriculture and Forestry of the Hawaiian Islands that an insect 
 known as the Mediterranean Fruit Fly (Ceratitis capitata) has become established 
 on the island of Oahu ; and 
 
 WHEREAS, The deputy horticultural quarantine officers at the port of San Francisco 
 
12 STATE COMMISSION OF HORTICULTURE. 
 
 . 
 
 have discovered and properly identified this fruit fly (Ceratitis capitata) in fruit and 
 vegetables brought in both as freight and personal baggage from the port of Honolulu, 
 Hawaiian Islands ; and 
 
 WHEREAS. The introduction of this fruit fly (Ceratitis capitata) into California 
 would entail irreparable losses to our fruit, vine and vegetable interests ; 
 
 It is hereby ordered, directed and declared, That a quarantine be and the same is 
 hereby .stablished in accordance with section 2319& of the Political Code of the State 
 of California, against the importation of all fruits, vegetables, berries, seed-pods, etc., 
 either cultivated in the orchards or gardens or growing wild in the Hawaiian Islands, 
 with the exception that pineapples, bananas, and all root crops, the edible portions of 
 which during growth have always been beneath the surface of the soil, shall be 
 admitted at the ports of the State of California after having been duly inspected ; 
 provided, that any or all of these exempted fruits or vegetables, if at any time here- 
 after shall be found to contain upon inspection the egg, larv&e or pupae of the. fruit fly 
 ( ('( ratitis capitata) they shall be immediately included in the list of quarantined fruits 
 and vegetables. The fruit or vegetables quarantined against in this order shall be 
 immediately returned to the port from which they were shipped or destroyed at the 
 option of the owner, consignee or agent. In no case shall such quarantined fruits be 
 allowed to be transported over, repacked or stored upon any dock, warehouse, barge 
 or other property within the jurisdiction of the State of California, excepting the ship 
 in which they were originally brought, or to which they are at once transferred. All 
 deputies of the State Commission of Horticulture, or state quarantine guardians are 
 hereby empowered to carry out the provisions of this order. 
 
 J. W. JEFFREY, 
 State Commissioner of Horticulture. 
 
 Approved: 
 
 HIRAM TV. JOHNSON, 
 
 Governor of California. 
 
 Important as this new and sweeping order may be, unless the methods 
 of handling ship inspections are thorough, we can not expect reason- 
 able protection. Our quarantine laws have always been defective, in 
 that they do not, and perhaps can not, enforce the inspection of private 
 baggage carried by passengers upon transportation lines. The Attor- 
 ney General's office has been appealed to, and has held that opening 
 personal baggage to determine whether it contained contraband articles 
 under such as the above order would involve intricate legal points, and 
 no one has been able to suggest an amendment to our quarantine acts 
 that would avoid the complications following the invasion of personal 
 Jiberty necessary to thoroughly inspect private baggage. Whether tho 
 State of California could establish this right of search, as it has been 
 established by the United States customs laws can not be determined at 
 this time, and the emergency now under consideration impelled us to 
 adopt a new policy that promises to be entirely satisfactory and pro- 
 tective. 
 
 All baggage arriving on vessels from foreign ports is opened and 
 inspected for dutiable goods by the customs officials, and by agreement 
 with the Federal authorities the horticultural quarantine deputies are 
 on hand to look through the baggage and tafee possession of quarantined 
 or infected fruits, plants, etc. But the vessels coming in from domestic 
 territory are not visited by the customs officers and it is from this source 
 our greatest danger has originated. How to reach the baggage of pas- 
 sengers coming on the Hawaiian steamers became a most important 
 question. A conference was held with the officials of the Matson Nav- 
 igation Company and the Oceanic Steamship Company in June, and 
 the following proposition made to them : 
 
 1. A contract to be attached to each passenger ticket and signed by 
 the purchaser at Honolulu, reading as follows : 
 
 "One of the conditions of this ticket is that the quarantine regula- 
 tions of the State of California will be conformed to in regard to the 
 inspection of horticultural products. I hereby agree to the inspection, 
 by the quarantine officials of the State Commission of Horticulture, of 
 all my personal effects upon my arrival at San Francisco." 
 
QUARANTINE LAWS AND ORDERS. 13 
 
 2. A notice to be handed to each passenger, as follows : 
 
 Under and in pursuance to an act of legislature of the State of California, approved 
 March 25, 1903, and acts amendatory thereof, it is the duty of the State Commissioner 
 of Horticulture of the State of California, by and with the approval of the Governor of 
 said State of California, to establish, maintain and enforce such quarantine regulations 
 as may be deemed necessary to protect the vegetable and tree growths of said State 
 against contagion or infection by injurious diseases, insects or pests. 
 
 And it is therefore necessary in order to maintain such quarantine and protective 
 measures, that all trees, shrubs^ plants, vines, cuttings, grafts, scions, buds, fruit pits, 
 fruit, vegetables or other articles of horticulture of all and every kind and nature be 
 inspected by such commissioner, or by a deputy or other official properly appointed to 
 make such inspection ; and 
 
 WHEREAS,, It is necessary in rendering effective such inspection of such articles of 
 horticulture that inspection and examination shall be had of all trunks, valises, hand- 
 bags, satchels, suit-cases, boxes, packages or parcels of every kind and character upon 
 arrival of the ship at the port of entry into the State of California ; and 
 
 WHEREAS, It is the duty of steamship corporation and company operating the ship 
 or vessel hereinabove referred to, to prevent and assist in preventing the introduction 
 into the State of California of any such articles of horticulture which are liable to be 
 infested with or being affected by injurious disease, insects or pests ; 
 
 Now., therefore, passengers are hereby notified that said passengers must open in the 
 presence of the proper officer representing the State Commissioner of Horticulture of 
 the State of California, at the port of San Francisco, all the personal baggage and 
 effects of all kinds and nature whatsoever .of said passengers, and permit said officer 
 representing said State Horticultural Commissioner to inspect the contents of said 
 personal baggage and effects, for the purpose of examining and inspecting any plants, 
 shrubs, vines, cuttings, grafts, scions, buds, fruit pits, fruit, vegetables or other articles 
 of horticulture, tree or plant growth contained in or annexed to said personal baggage 
 and effects. 
 
 The term article of horticulture used herein includes and is intended to mean all 
 shrubs, trees, plants, vines, cuttings, grafts, scions, buds, fruit pits, fruit, vegetables or 
 other articles of horticulture. 
 
 The term personal baggage and effects used herein means and is intended to include 
 all trunks, valises, satchels, suit-cases, boxes, packages, rolls, mats, bundles, baskets 
 and any and all other articles containing personal effects of said passengers. 
 
 3. The officers of the ships to be personally instructed by the steam- 
 ship companies to cooperate in every way to prevent the bringing in 
 of any horticultural products whatever from the Hawaiian Islands, 
 either by passengers or crews. 
 
 4. The steamship companies to detain the passengers in a corral, per- 
 mitting them to leave with only such baggage as has been inspected. 
 
 . The first trial of baggage searching occurred on June 27th, when the rival 
 steamers Sierra and Wilhelmina arrived at San Francisco on the same hour, the 
 former with 187 and the latter with 145 passengers, carrying altogether 646 pieces of 
 baggage. The passengers were held, every piece of baggage opened, searched and 
 tagged out. These new regulations are much more satisfactory than the old plan of 
 inspection. They will prove effective, and they gave no offense to the passengers in 
 the severe trial given in the cases above cited. It is believed the question of proper 
 inspection is now settled as effectually as if it were possible to enforce the opening of 
 private effects by law. 
 
 FEDERAL CO-OPERATION. 
 
 On the thirteenth day of July the chief deputy quarantine officer ad- 
 dressed a letter to the Army Transport Service requesting action pro- 
 hibiting the transport boats from receiving fruits, vegetables, etc., in 
 compliance with Quarantine Order No. 6. The following action was 
 taken by the superintendent : 
 
 OFFICE ARMY TRANSPORT SERVICE, 1086 NORTH POINT STREET, 
 
 SAN FRANCISCO, July 15, 1911. 
 General Orders, No. 10. 
 
 Owing to the existence in the Hawaiian Islands of an insect which is injurious to 
 fruits, etc., and commonly known as the fruit fly, all baggage and parcels belonging 
 to members of the crew or other persons will be subject to inspection at San Francisco 
 by Government officials, and must not contain any fruits, vegetables, berries, seed 
 pods, etc., except pineapples and bananas. 
 
 No passenger or member of the crew of any army transport will be allowed to bring 
 aboard at Honolulu any of the above described products" of any kind whatsoever. 
 
 Hereafter the army transports will not accept from Honolulu, for delivery at San 
 Francisco, any shipment of the above described products. 
 
 Enclosed herewith is Quarantine Order No. 6, also copy of a pamphlet entitled a 
 Fruit Fly Menace. 
 
 Transport quartermasters will take such steps as may be necessary to enforce the 
 provisions of this order. R p ^^ 
 
 Major & Q. M. U. S. Army, General Superintendent. 
 
14 STATK COMMISSION OF HORTICULTURE. 
 
 QUARANTINE LAWS. 
 
 GENERAL REMARKS. 
 
 The horticultural laws of California are the most complete and 
 effective measures ever enacted for the protection and promotion of an 
 agricultural industry. While the paramount element of these acts is 
 the control of insect pests and plant diseases, the laws also authorize 
 broad policies and wide activities toward the improvement and exten- 
 sion of horticulture. California was the first state or country to apply 
 the principles of police regulation to the protection of crops, and this 
 idea has been successfully applied through statutory legislation, sus- 
 tained by the highest courts and made a part of the .jurisprudence of 
 the State, as witnessed in the use of the same principle in our later 
 health laws and measures for the protection of the live stock industry. 
 Furthermore, the influence of what we call our quarantine and other 
 compulsory measures has permeated Florida, Arizona and some foreign 
 countries, and may soon be recognized by the United States in the adop- 
 tion of a Federal quarantine statute designed to protect all our states 
 and territories from the invasion of plant disease and insect infestation. 
 
 With all our advancement in providing police protection to our soil 
 industries, we have not been able to reach by law one of the most essen- 
 tial features of quarantine work, namely, to legalize the searching of 
 private baggage and effects of passengers coming into the State. This 
 deficiency is caused by difficulties apparently fundamental, for the state 
 quarantine officer has been advised that the question of personal liberty 
 is involved in granting the right to open baggage, and that personal 
 belongings can not be treated as freight or other articles in transporta- 
 tion. A passenger by boat or train may have personal papers, jewelry 
 or other effects that he does not wish subjected to inspection and public 
 gaze, and his rights are protected in this regard unless the laws expressly 
 provide for the inspection of his personal effects. No such authority 
 has been granted by our horticultural quarantine acts, and until such 
 power is given our quarantine laws must remain thus far unsatisfactory. 
 
 Attention has been called, under Quarantine Order Xo. 6. to a most 
 effective arrangement for inspecting baggage under circumstances exist- 
 ing at our maritime ports. This plan operates well where baggage is 
 landed at the state line, and where the opportunity for its examination 
 can be secured by law, or by contracts such as are now in use at our 
 seaports. In the case of articles coming over the international line from 
 Mexico, for example, the circumstances are altogether different. There 
 the baggage is carried over the international line into Texas or Arizona, 
 where California laws are inoperative and her officials without authority 
 even were laws enacted authorizing inspection of private effects. No 
 such laws granting the right of search exist, and a corps of quarantine 
 inspectors stationed on the state line at Yuma would have no authority 
 to open packages for inspection. In the absence of law authorizing 
 baggage inspection; in the lack of authority to act outside the state; in 
 the physical inability to meet all the trains crossing our borders ; in the 
 decision of the Attorney General that an officer of the state can not 
 accept free or reduced transportation upon railroads, even for inspection 
 purposes without automatically dismissing himself from the service, and 
 
QUARANTINE LAWS AND ORDERS. 15 
 
 in the lack of funds heretofore to carry on the work were all other 
 impediments removed, lies the inadequacy of our horticultural quaran- 
 tine service upon the landed borders of California. 
 
 The state commission law prior to its amendment in effect June 26, 
 1911, specifically affirmed the right of the United States customs service 
 to pass any article into the state over the head of the state quarantine 
 officer, and, furthermore, the law required the assent of the Federal 
 government to the establishment of quarantine lines wheresoever the 
 jurisdiction of the United States extended. These features have been 
 abrogated by the amended law of June 26, 1911, and now whatever 
 defects may exist are due to deficiencies in our own laws. As soon as 
 the law above mentioned became effective and the larger appropriation 
 became available on July 1st, steps were taken to improve the quaran- 
 tine service of the southwestern border of the State. In the absence of 
 legal authority, other means of protection are being perfected which 
 should guard our frontiers more thoroughly. It is hoped the scheme, if 
 it can be adopted, will prove entirely satisfactory. The customs service 
 officials have given the State all the assistance possible, and whenever a 
 customs office is located in California the state quarantine inspectors are 
 permitted to examine every package and piece of baggage opened by the 
 Federal officials. 
 
 MISCELLANEOUS QUARANTINE MATTERS. 
 
 This bulletin is designed primarily to assist the state quarantine 
 guardians in the discharge of their duties, and at the same time to give 
 the public a better understanding of the methods of protecting the fruit 
 industries of the State. It is hoped that the bulletin may also enliven 
 public opinion upon the necessity of improving the protective laws and 
 of cooperating in every way with the officials chargect^with the execution 
 of these protective measures. To further this publicity and interest an 
 account is here given of a few lesser activities and incidents connected 
 with the quarantine work. From these the officials may find an occa- 
 sional precedent, and the public may see the character of the difficulties 
 confronting the quarantine service. A few incidents and conditions 
 have been selected, each of which is typical of a different phase of the 
 work. 
 
 FEDERAL QUARANTINE. 
 
 We have no Federal laws regulating the importation of plants and 
 i'ruits into the United States, although for many years the fruit 
 growers of California have advocated such measures, and on several 
 occasions have presented bills to congress providing a national quaran- 
 tine against the importation, and the transportation of diseased nur- 
 sery stock and fruits in interstate commerce. The last attempt to 
 regulate these classes of traffic was in the introduction of House of 
 Representatives Bill 23252 in March, 1910, which provided for the 
 introduction of foreign nursery stock by permit only, but like all sim- 
 ilar measures it met defeat at the hands of American importers. Dur- 
 ing the last two years, however, much protection to California fruit 
 interests has been afforded through the activities of the Bureau of 
 Entomology at Washington, whose Chief now sends to the State Com- 
 missioner a manifest of every lot of plants passing through the Atlan- 
 
16 STATE COMMISSION OF HORTICULTURE. 
 
 r 
 
 tic customs service en route to California. This provides the oppor 
 tunity of inspection here, and in the absence of a national quarantine 
 law is a most helpful policy. In scores of cases the Federal authorities 
 have brought into this State plants infested with many serious pests. 
 Most of these importations have been intercepted. In one incident 30 
 tons of Asiatic plants intended for the Chico experimental gardens 
 were found badly infested, the tops removed, and the plants fumigated 
 One case may be cited to show the necessity of regulating the traffic- 
 in foreign plants. In the establishment of the date industry in Im- 
 perial County, the first lot of palms was received at Heber in 1904, 
 infested with Phenacococcus and Parlatoria (sps.) scales. These insects 
 had increased to such an extent this spring that the entire foliage of the 
 palms had to be removed and the torch applied to the trunks, and after 
 the palms had produced tons of fruit. But the Bureau of Plant Indus- 
 Try is now standing firmly with the California officials and rendering 
 aid in every way to prevent the introduction of foreign insect pests. 
 Other importers are not inclined to cooperate with the State in quaran- 
 tine matters and an American association of nurserymen has carried 
 its opposition to the point of defeating all the bills yet introduced into 
 the national congress intended to safeguard our fruit interests. We 
 need a thorough Federal inspection service, and the issue should be held 
 before the public until an adequate law can be passed requiring such 
 inspection. 
 
 MEXICAN ORANGE MAGGOT. 
 
 The presence generally of Trypeta ludens in the orange districts of 
 Mexico is a continual menace to the citrus industry of California. In- 
 adequate laws, physical difficulties and restricted means have prevented 
 a satisfactory system of quarantine work heretofore, and yet every- 
 thing has been done that could be accomplished under the circumstances. 
 The first move made by the present State Quarantine Officer was to 
 secure a pledge from the railroad news service that no Mexican fruit 
 would be offered for sale on the trains. A careful investigation was 
 made of the laws and practices of Texas and Arizona regarding the 
 inspection of fruits and plants brought over the line from Mexico. 
 From these investigations it was learned that Texas inspected all nurs- 
 ery stock from Mexico, coming into the state at Laredo and El Paso, 
 but the officials had no authority for inspecting or quarantining fruit. 
 Then the commissioner of agriculture of Texas was asked to allow 
 California to place entomologists at Laredo and El Paso, to be com- 
 missioned as Texas officials and paid by California to inspect baggage 
 and freight crossing the line. That state has no law that would 
 .authorize such inspection, and the request was refused, with the state- 
 ment that Texas "would not justify an effort to inspect baggage, lug- 
 gage and packages coming into the United States from Mexico." 
 While treating the request with great interest and courtesy the com- 
 missioner of agriculture closed the negotiations with these remarks: 
 <; Our laws, however, do not extend to fruit coming into the state. I 
 am taking the whole matter up with the attorney general for an inter- 
 pretation of the national and state laws in regard to this matter." 
 The Commissioner is cooperating with us in every way possible, but 
 no change in the Texas laws has been made and the plan proposed could 
 not be adopted. Arizona laws afford us protection to some extent, as 
 
QUARANTINE LAWS AND ORDERS. 1< 
 
 that territory has passed measures for the special purpose of intercept- 
 ing insect pests, and .only the inability to inspect personal effects will 
 handicap that territory in its quarantine work. However, the problem 
 of protecting the citrus industries from the Mexican orange maggot is 
 being solved without waiting for new laws, and upon a basis similar to- 
 the plan proving so thorough in the inspection of maritime vessels at 
 San Francisco. 
 
 THE GYPSY MOTH. 
 
 An incident occurred last January which shows how California must 
 combat single-handed the introduction of noxious insects, and is another 
 example of the lameness of our protection in the absence of Federal 
 quarantine laws. On January 6th a shipment of nursery stock arriving 
 in Alameda County was found infested with egg-masses of gypsy moth, 
 imported by way of Seattle and by train to point of delivery. Imme- 
 diate steps were taken to intercept this pest. Much of the stock was. 
 burned, deputies were placed in charge of the entire nursery, and a 
 quarantine order issued locking everything and covering the entire- 
 activities of one of the largest concerns in the United States. Every 
 plant contained in the shipment was listed, and for one week not even a 
 cut flower was sold by the concern. The whole lot imported was exam- 
 ined piece by piece, fumigated heavily and placed in quarantine pen 
 and held indefinitely and until all danger was over, the quarantine last- 
 ing for months. These plants should not have been admitted at Seattle 
 without inspection and the power to quarantine. The moral of the 
 incident is that California fruit interests can not be thoroughly pro- 
 tected from foreign insect pests through her local quarantine laws. A. 
 national law is imperative. 
 
 THE ALFALFA WEEVIL. 
 
 The problem of the alfalfa weevil is of such serious import that it is 
 thought worthy of special notice in this bulletin. This threatened visita- 
 tion presents a case in which quarantine regulations probably can not be 
 made protective, however stringent the measures adopted to keep this 
 pest from entering the State. But the chances of the weevil securing a, 
 hold in our alfalfa fields may be reduced to the minimum and coloniza- 
 tion of the insect possibly prevented by the use of every means at hand 
 to restrain it. Consequently, every avenue should be guarded and every 
 impediment placed against the migration of this destructive creature. 
 Especially should the first stages of an outbreak in California be 
 reported and attacked vigorously and the insect exterminated, if pos- 
 sible. One incident is reported in which this weevil had overrun a field 
 of alfalfa in a clean district, but it was exterminated by heroic means 
 and the district saved. California laws give direct authority to meet an 
 emergency of this kind, and if a colony of the weevil is reported 
 promptly no doubt the attack could be repelled. 
 
 Fortunately, Utah does not produce enough alfalfa hay for the home 
 demand, and if the ravages of the weevil are not checked there is no 
 likelihood of a surplusage of hay for exportation. The greatest danger 
 comes through the transportation of household goods, railroad cars and 
 miscellaneous freight. The insect is found sheltering in all kinds of 
 merchandise, in barns, houses, upon fences and wherever it can take 
 
1> STATE COMMISSION OF HORTICULTURE. 
 
 refuge. < 'ns'<iuently. the danger bf its reaching our fields may be 
 greater iu winter time than in the season of its field activities. By the 
 most vigilant attention to all details and the use of all precautionary 
 measures auainst the weevil, our state may be kept free from this 
 destructive insect. The following circular has been sent broadcast 
 throughout the State : 
 
 QUARANTINE CIRCULAR NO. 2. 
 The Alfalfa Weevil. 
 
 There are about 3,000,000 acres of alfalfa in the United States, producing an 
 average of three tons to the acre annually and valued at approximately $100,000,000. 
 This vast industry is threatened seriously by a small weevil (Phytonomus murinns 
 Fab.), a native of Europe and an insect that has already become firmly established 
 in Utah. It first appeared in that state in 1904, on the east side of Salt Lake City, 
 and it is merely by chance that the first attack did not fall upon the magnificent 
 alfalfa fields of California. The infestation now covers more than 100 square miles 
 in Utah and last year 7,000 tons (estimated) were lost in the first cutting. The loss 
 has been especially severe in the older fields where the vitality of the plants was 
 lowest. There seems to be no hope of exterminating this pest, and as yet no fungoid 
 enemy has attacked the insect as far as known here, and should the insect secure a 
 hold in California there is no reason to believe it would be controlled by natural 
 enemies or fungous disease. 
 
 A circular was issued from this office one month ago and sent to all the quarantine 
 guardians of the State. It is now thought advisable to renew this warning, with more 
 definite suggestions, as there is no reason to believe that an arbitrary quarantine 
 order would be protective or possible of enforcement against so many avenues of 
 introduction as prevail in this case. We are liable to have an outbreak of this weevil 
 at any time and should guard every point, be vigilant in the inspection of seed, in 
 reporting every importation of alfalfa hay and in advising alfalfa growers to takt- 
 <>very precaution against the introduction of the weevil, and to report every infestation 
 that is unusual or threatening. The following suggestions are offered : 
 
 1. That all horticultural commissioners, inspectors, quarantine guardians and alfalfa 
 growers examine the growing alfalfa crops at every opportunity to see if this pest 
 can be found. 
 
 1. Discover from what territory your seedman gets his alfalfa seed, order no seed 
 from suspected territory and have every lot of seed on sale thoroughly inspected and 
 fumigated. 
 
 3. Warn each seedman of the danger of ordering Utah seed and secure a promise 
 that he purchase no supplies from suspected territory. 
 
 4. Urge that all alfalfa seed coming into the State be fumigated with carbon 
 bisulphid. 
 
 5. Examine the wild growth of alfalfa or similar plants along the railway tracks 
 and about the stations, and especially stock cars about the sidings. 
 
 6. Horticultural and quarantine officials should confer with alfalfa growers and 
 request them to report all insect attacks. 
 
 7. Ask the local press, especially in alfalfa districts, to give publicity to the danger 
 of introducing this pest. 
 
 8. Send unknown insects found in the alfalfa fields to the State Insectary, Sacra- 
 mento, or to the University, Berkeley, for identification. 
 
 J. W. JEFFREY, 
 State Quarantine Officer. 
 
 QUARANTINE NOTES. 
 
 Appointment of Chief Deputy. 
 
 0. E. Brcmner was appointed Chief Deputy Quarantine Officer of 
 the State on the 26th day of June, assuming charge of the office at San 
 Francisco and taking charge on that day. All correspondence upon 
 quarantine work relating to the State at large should be addressed to 
 Mr. Bremner, and that relating to the territory south of the Tehaehapi 
 and pertaining to local matters there should be addressed to Stephen 
 Strong, Equitable Building, Los Angeles. 
 
 Appointment of Deputy. 
 
 St<i>Jini Strong was commissioned Deputy Quarantine Officer on 
 July 1, 1911. his appointment covering the territory of Los Angdcs 
 San' Bernardino. Riverside, Orange, San Diego, Imperial, Ventura, and 
 Santa Barbara counties. Mr. Strong will have charge directly of the 
 maritime ports of these counties, and in cooperation and coordination 
 witli the state quarantine guardians of these counties will administer 
 
QUARANTINE LAWS AND ORDERS. 19 
 
 the quarantine laws in the district to which he is accredited. By ref- 
 erence to the interpretation of the law on another page, it will appear 
 that this appointment does not interfere with the duties of the quaran- 
 tine guardians or relieve them of any responsibilities excepting at the 
 ports above indicated. 
 
 Giving Notice. 
 
 Quarantine guardians should require all railroad and express com- 
 panies and other carriers to comply with the laws requiring the car- 
 riers to notify the guardians of the arrival of nursery stock from out- 
 side the State. Also see that the packages containing such stock are 
 marked in accordance with the law. (See sections 1 and 2, Horticul- 
 tural Quarantine Law of 1899.) Attention is called to the require- 
 ment regarding peach yellows and other contagious diseases, contained 
 in section 5 of the same act. 
 
 General Inspection. 
 
 All quarantine guardians are requested by the State Quarantine 
 Officer to be particularly active and observant in the inspection of crops 
 and articles liable to harbor insects and diseases against which a quar- 
 antine has been declared and to instruct their inspectors to assist in 
 this work. Fruit flies of all kinds should be at once reported; gypsy 
 moth, cotton boll weevil, alfalfa weevil, eel worm, melon fly, orange 
 maggot and citrus white fly should head the list of foreign pests to be 
 looked for. and, if found, to be extirpated at any cost. We have had 
 one of these perils to deal with at Marysville, Oroville, and Bakersfield. 
 It required perhaps years for the white fly to get such a deep hold at 
 these places. There is less excuse now for letting these insects colonize 
 without discovery, for the State has now a corps of forty-two quaran- 
 tine guardians where none were before, more men and means provided 
 for the State Commission work and thousands of growers cooperating 
 actively in the discovery or exclusion of our orchard foes. We ma}' 
 expect an invasion from some of these pests, but should be ready to 
 meet it with all the advantage possible in favor of the fruit growers. 
 
 Inspecting Mail Packages. 
 
 Serious and continued efforts will be made to secure an order from 
 the Postmaster General, permitting the quarantine officers to inspect 
 packages containing plants arriving in California by mail, before such 
 packages are delivered. For a while this privilege was granted by 
 some of the postmasters of the State, and other of these officials would 
 notify the inspectors of the delivery, after which the inspector would 
 follow the package and make the examination. Finally, notice was 
 received 'from the Postoffice Department to the effect that this privilege 
 was not approved at Washington, and that the Department of Agricul- 
 ture, to which the matter was referred, ' ' disapproved of any policy that 
 would interfere with the free interchange of plants and seeds by mail 
 throughout the United States." This leaves as our only recourse an 
 arrangement between the quarantine guardians and the local postmas- 
 ter by which the latter shall notify the guardian of the delivery of each 
 package by mail whose contents are subject to inspection. Every quar- 
 antine guardian should make this arrangement with the postmasters of 
 his countv. 
 
20 STATE COMMISSION OF HORTICULTURE. 
 
 Plants From Quarantined Districts. 
 
 The people of California can not secure plants from interdicted dis- 
 tricts on commercial orders, nor can they secure even individual plants 
 in the ordinary way from such territory. However, the State Quar- 
 antine Officer, recognizing that our State should not be prohibited from 
 introducing new and improved 'kinds and varieties, has devised a scheme 
 through which such introductions may be made without violating the 
 spirit of a quarantine order. Those desiring to secure a few plants 
 from a quarantined district for experimental purposes should read the 
 remarks in this bulletin under Quarantine Order No. 1. and, if possible, 
 make arrangements to secure the desired stock through the Division of 
 Plant Introduction of the Bureau of Plant Industry at Washington. 
 
 Rejecting Nursery Stock. 
 
 Some difference of opinion exists as to the scope of the Horticultural 
 Quarantine Law and the authority of the State Commissioner of Horti- 
 culture in handling trees grown in California and found infested or 
 diseased at the point of delivery within the State. This may be illus- 
 trated by the following case : An intercounty shipment of apple trees 
 was detained by the county horticultural commissioner and sent back to 
 the shipper on account of crown-gall appe^:'irig on a certain number of 
 the trees. The nurseryman who shipped tins stock objected, claiming 
 that the commissioner should have culled out the diseased trees and 
 released the clean stock to the purchaser, lie threatened to refer the 
 matter to the State Commissioner. Replying to this threat the inspect- 
 ing commissioner wrote the nurseryman: "I note what you say about 
 referring the matter to the State Commissioner. If he rules that stock 
 is not to be rejected on account of crown-gall I will make no further 
 rejections for this cause." 
 
 This case should have been decided wholly by the county horticultural 
 commissioner, regardless of what the State Commissioner should rule. 
 The last-named official has no right to pass upon such cases in any way, 
 until he has first quarantined the district or the article as provided in 
 chapter 600, Political Code, and no authority can be found for sending 
 out of the county infected stock grown within the State. It must not 
 be inferred from this that the trees under consideration should have been 
 released, or allowed to be planted in the county by the horticultural 
 commissioner. Chapter 299, Political Code (the county horticultural 
 law), has declared such a lot of trees a public nuisance (section 2322a), 
 and prescribes the method of abating it, namely, to hold the infected 
 plants and eradicate the disease. If eradication is impossible, the trees 
 remain a public nuisance, and can not be turned over to the consignee. 
 They may be held indefinitely in this way, and the process become equiv- 
 alent to a permanent quarantine, initiated and controlled entirely by the 
 county horticultural commissioner into whose territory the trees have 
 been delivered. There appears to be no legal means of getting the plants 
 out of the county of delivery, after having been declared a nuisance, and 
 they should be sent back to the shipper by agreement if thought desirable 
 by the commissioner. This should, of course, be done prior to serving 
 notice under the above-named section of the law. In most cases the 
 nurseryman would be glad to receive bac'k a diseased lot of plants that 
 might have escaped his own inspection. In cases of refusal or delay. 
 
QUARANTINE LAWS AND ORDERS. 21 
 
 apply the law above referred to, as the county commissioner would 
 then avoid all responsibility, even if the diseased stock perished on his 
 hands. This process has the added advantage of preventing the trees 
 from being offered to another orchardist. This advice is given on the 
 presumption that the stock in question contains bona fide disease, and 
 that it should not be planted under any circumstances. The inspector 
 must decide as to the facts, and the law seems to make his decision final. 
 
 Federal Co-operation. 
 
 The writer of this bulletin takes opportunity here to acknowledge 
 the uniform courtesy and material assistance extended by the Federal 
 officials of the coast in the enforcement of the horticultural quarantine 
 regulations. First, in helpfulness is the United States customs service, 
 without whose aid the inspection of foreign baggage and miscellaneous 
 parcels would be most expensive to the State and unsatisfactory. The 
 officers not only keep our quarantine officers informed of arrivals, but 
 they give our deputies opportunity of physical inspection and aid 
 therein while examining packages for dutiable goods. 
 
 When the new policy of inspecting Hawaiian vessels was inaugurated 
 last June the Federal health officers gave the horticultural deputies per- 
 mission to board the boats while in quarantine. A deputy now visits 
 each vessel along with the health officer, thus giving him the oppor- 
 tunity of inspecting the ships before coming to dock. The Public- 
 Health and Marine Hospital Service also gives all possible assistance to 
 the horticultural officials, and throughout the entire Federal service at 
 our maritime ports the spirit of cooperation is manifest, adding effi- 
 ciency to the measures of protection from insect invasion inaugurated 
 by the State Quarantine Officer. 
 
 Squirrel Extermination. 
 
 The Public Health and Marine Hospital Service and the State Board 
 of Health are engaged in exterminating the squirrels of California in 
 an effort to stamp out the germs of bubonic plague. The object of this 
 campaign is to conserve public health, yet the results will be beneficial 
 to fruit growing and farming as well, and in view of its economic rela- 
 tionship to agriculture the quarantine, guardians and horticultural com- 
 missioners of the State are justified in giving non-official aid in every 
 way to the extermination of squirrels. It is hoped these officials will 
 not neglect an opportunity of assisting the State and Federal authori- 
 ties in their efforts to extirpate a pest that is most harmful to our soil 
 interests and dangerous to the health of our people. 
 
 Good Will to Nurserymen. 
 
 After attending a meeting of the Pacific Coast Association of Nurs- 
 erymen, the writer can bear testimony to the good spirit that prevails 
 upon the part of the membership toward the inspection and quarantine 
 laws of California. From a former spirit of hostility to some of the' 
 restrictions upon the transportation of nursery stock, or at best of tol- 
 erance to many of these regulations, there has developed an attitude of 
 cooperation with the horticultural officials of the State. Although the 
 nurserymen are yet in opposition to what they deem unnecessary ordi- 
 nances and rules concerning the handling of stock in transit, their gen- 
 eral views are broad and helpful to the officials, leaving little cause of 
 
22 STATE COMMISSION OF HORTICULTURE. 
 
 t 
 
 friction and less danger of hostility. Scarcely a speaker at that meet- 
 ing expressed other than the conviction that the inspection service of 
 the State was beneficial, reasonably free from faults, and calculated to 
 conserve the interests of the nurserymen and the protection of the pub- 
 lic, in whose behalf the laws were framed. 
 
 This spirit should be appreciated by the quarantine guardians and 
 inspectors. It should engender a reciprocal attitude upon the part of 
 these officials, and a determination to execute the laws in such manner 
 as will give the nurserymen as little trouble and loss as possible, ren- 
 dering the inspection service as promptly and efficiently as fair dealing 
 and energy demand. This can be done without deviating from duty, 
 or favoring the dissemination of insect pests and plant diseases, with- 
 out endangering the intimate interests of the fruit grower in any way. 
 Firmness, capacity and common sense should rule in every case of 
 inspection and quarantine, and it is believed that our horticultural 
 officials are adopting policies that will tend to this end and at the same 
 time maintain the quality of protection to the highest degree. In fol 
 lowing out these policies the inspection service will maintain its inde 
 pendence and proficiency and at the same time refrain from needlessly 
 sacrificing or endangering the business of the nurserymen. 
 
 Suggestions. 
 
 If this bulletin is found helpful, the writer would be pleased to 
 receive suggestions from any one connected with the fruit industry as 
 to the scope and contents of other bulletins to be written and published 
 by the State Commissioner of Horticulture. Also, opinions as to the 
 value of this plan of giving publicity to matters touching the horticul- 
 tural industries of the State. 
 
INDEX. 
 
 Alfalfa weevil: PAGE. 
 
 Quarantine Circular No. 2 18 
 
 territory infested, damage in Utah 17 
 
 Baggage inspection: 
 
 agreement permitting, notice of passengers 12 
 
 first experience in searching 13 
 
 methods of examining 12 
 
 Bulletins: 
 
 new series, purposes of 1 
 
 Cotton boll weevil: 
 
 origin, extent of infection, damage 8 
 
 Quarantine Order No. 2 8 
 
 Eel worm: 
 
 carload of infested potatoes returned 10 
 
 circulars of warning issued 11 
 
 origin of infestation 10 
 
 Quarantine Order No. 5 11 
 
 quarantine order differing from others 11 
 
 Federal co-operation: 
 
 acknowledgement of, in quarantine work 21 
 
 assistance in securing plants quarantined '. 20 
 
 assistance from Bureau of Entomology 15 
 
 lack of, in mail service : 19 
 
 need of Federal quarantine law 15 
 
 order relating to army transports 13 
 
 Fruit fly, Mediterranean: 
 
 discovery of, in Hawaii; menace of 11 
 
 methods of inspection, contract, notices ITr 12 
 
 order for cooperation, U. S. Transport 13 
 
 Quarantine Order No. 6 11 
 
 Gypsy moth: 
 
 discovery on imported stock 17 
 
 methods of handling infestation 17 
 
 Horticultural commissioners, county: 
 
 keeping records separate 4 
 
 list of, appointed quarantine guardians 3 
 
 powers and duties, rejecting nursery stock 20 
 
 Laws, horticultural quarantine: 
 
 acts of 1883 and 1903, compared 2 
 
 character, scope, number, precedence of 2 
 
 deficiencies in baggage inspection 14 
 
 guardians, appointment authorized 3 
 
 lack of Federal, a State issue 15 
 
 lack of, in adjacent states 16, 17 
 
 general remarks on 14 
 
 quarantine orders, different applications of 14 
 
 recognition state authority, changes 15 
 
 Melon fly: 
 
 infestations found at San Francisco < 10 
 
 Quarantine Order No. 4 1 10 
 
 Orange maggot, Mexican: 
 
 attempt to secure inspection, Texas 16 
 
 danger of introduction, precautions 16 
 
 lack of authority to inspect 16 
 
24 INDEX. 
 
 I, 
 Orange seed, Florida: PAGE. 
 
 amount imported 6 
 
 conference with seedmen 6 
 
 quarantine order modified 7 
 
 Plants, inspection, importation: 
 
 carriers must notify of arrival 19 
 
 inspection, cooperation Federal bureaus 15, 16 
 
 how secured from quarantined districts 7 
 
 inspection mail packages 19 
 
 not all inspected in Federal introductions 16 
 
 rejections by county commissioners 20 
 
 Quarantine guardians: 
 
 authority of appointment, list of 2, 3 
 
 counties having no :__ 3 
 
 keeping records separate 4 
 
 law giving full power to 4 
 
 powers and duties of 4 
 
 Quarantine notes: 
 
 *O. E. Bremner, appointment of 18 
 
 Stephen Strong, appointment of 18 
 
 giving notice arrival plants 19 
 
 general inspection, quarantine 19 
 
 inspection mail packages 19 
 
 plants for quarantine districts 20 
 
 rejecting nursery stock 20 
 
 Federal cooperation 21 
 
 good-will to nurserymen 21 
 
 suggestions 22 
 
 Quarantine orders: 
 
 Citrus White Fly No. 1 - 5, 7 
 
 Cotton Boll Weevil No. 2 8 
 
 Tulare County No. 3 9 
 
 Melon Fly No. 4 10 
 
 Eel Worm No. 5 
 
 Mediterranean Fruit Fly No. 6 11 
 
 list of 
 
 Tulare County quarantine: 
 
 Quarantine Order No. 3 
 
 why especially protected 
 
 list of receiving stations 
 
 White fly: 
 
 Quai-antine Order No. 1 
 
 same, amended to include food plants 
 
 same, amended to admit orange seed 
 
 modifying order to admit plants 7 
 
U.C. BERKELEY LIBRARIES