BOARD OF HQRTICULTURE 37 



delivered by said applicaut rluring the terra of said license shall be true to 

 name, age and variety as represented. and free from the diseases and pests 

 required to be guarded against as provided by the laws of this State. Any person 

 who may be damaged by reason of failure of any licensee to comply with the 

 Provision« of this act or the laws of the State of Oregon relating to the sale, 

 disposition, delivery. inspection or disinfection of nursery stock, or by reason 

 of the failure of such stock to be true to name, age or variety as represented 

 and free from the diseases and pests required to be guarded against as provided 

 by the laws of this state, shall in addition to other legal remedies, have a right 

 of action in his own name on such bond for all damages, not exceeding one 

 thousand dollars ($1.000), which he may have suffered by reason of any such 

 failure as herein set forth. 



Section 5. lipon complaint in writing, verified under oath by the complainant, 

 being made to the state board of horticulture, that the holder of any license in this 

 act provided for has violated or failed to comply with the provisions of this act 

 or the laws of the State of Oregon relating to horticulture, the state board of 

 liorticulture, if in the judgment of the members thereof the complaint justifies 

 a hearing thereon, shall serve upon the holders of such license liy registered 

 mail, a copy of such complaint and a notice of the time and place of hearing the 

 same, which hearing shall not be less than ten nor more than thirty days from 

 the date of mailing said notice. and shall be at such place to be determined by 

 the said state board of horticulture as shall be most convenient to all the parties 

 to the hearing; provided, that in case the nursery and the principal place of 

 business thereof is within this State, then the hearing shall take place in the 

 county where the nursery or principal place of business is located, for the con- 

 venience of the witnesses called upon to attend such hearing. 



Section 6. The state board of horticulture, for the purpose mentioned in this 

 act. shall have the power to administer oaths. issue subpenas and compel the 

 attendance of witnesses au the hearing provided for in section 5 of this act. In 

 case of disobedience on the part of any person or persons to comply with any 

 subpena herein provided for, or the refusal of any witness to testify to any 

 matter regardiug which he may be lawfully interrogated. it shall be the duty 

 of any circuit court of any county or the judge thereof, on application of said 

 board, to compel obedience by attachment proceedings for contempt, as in the 

 case of disobedience of the requirements of a subpena issued from such court, 

 or a refusal to testify therein. Hearings may be held by any member of the 

 State board of horticulture, acting for the whole board, and a Synopsis of the 

 testimony shall be taken. and considered by said lioard. in case the hearing be 

 lield by any member or members less than the whole board, and findings shall be 

 made by the whole board. If upon such hearing, it shall appear to the satisfac- 

 tion of the said board. that the person complained of has violated or is violating 

 or failing to comply with the provisions of this act or the laws of the State of 

 Oregon relating to horticulture, said board may revoke the license of such 

 person, firm or corporation complained of, and no new license shall issue to such 

 person. firm or corporation until it shall be made to appear to the satisfaction 

 of the State board of horticulture that the cause of the complaint has been 

 removed. From the decision of the State board of horticulture revoking a license 

 or refusing to issue a new license. an appeal shall lie to the circuit court of 

 the county where the hearing shall have been held ; provided, that the failure 

 of 5 per cent of any nursery stock delivered under any order to any individual 

 to be true to name. age and variety shall not be deemed to be a violation of this act. 



Section 7. Any funds received by the State board of horticulture under the 

 provisions of this act shall be used in defraying the necessary expenses in 

 connection with the administration of this act, and the residue, if any, shall be 

 paid into the state treasury. 



