404 ANNUAL EEPORTS OF DEPARTMENT OF AGRICULTURE. 



guilty of an offense under section 52 of the Penal Code for leaving 4he fire un- 

 attended. That section makes it a criminal offense to leave or suffer fire to 

 burn unattended near any timber or other inflammable material on the public 

 domain. 



THE PLANT QUARANTINE ACT. 



[37 Stat, 315.] 



Eleven cases were reported to the Attorney General, 10 under sec- 

 tion 8 (domestic quarantines) of the act as amended by the appro- 

 priation act of March 4, 1917 (39 Stat. 1134, 1165), and 1 mider 

 section 7 (foreign quarantines). 



At the close of the fiscal year 1917, 23 cases were pending. Six- 

 teen of these and 1 reported during the year 1918 — in all 17 cases — 

 were terminated during the year. Of these, 13 were dismissed be- 

 cause of the court decision "^referred to below. In 4, convictions 

 resulted with fines aggregating $95. Three were closed on pleas of 

 nolo contendere and 1 on a plea of guilty. At the close of the year 

 17 cases were pending. 



A number of proposed orders of the Secretary of Agriculture to 

 establish, and of regulations to enforce, quarantines under the law 

 were examined as to their legal form and sufficiency. 



An item of legislation, adopted by Congress, was drafted at the 

 request of the Federal Horticultural Board, providing that any 

 moneys received in payment of charges fixed by the Secretary of 

 Agriculture on account of cleaning and disinfecting railway cars 

 and other vehicles employed in the movement of cotton and cotton 

 seed from Mexico into the United States, at plants constructed for 

 such purpose, out of any appropriation made on account of the pink 

 bollworm, should be covered into the Treasury as miscellaneous 

 receipts. 



COURT QUARANTINE DECISION OF INTEREST. 



In United States v. Boston-Maine Railroad Co. (Plant Quarantine No. 19), 

 the circuit court of appeals for the first circuit held, in substance, that while 

 lumber is in a sense a plant product it was not within the prohibition of the 

 plant quarantine act. Since similar cases arising subsequent to the act of 

 March 4, 1917 (39 Stat., 1134, 1165), amending section S of the act, can be 

 prosecuted by virtue of the amendment, it was believed that no good purpose 

 would be subserved by api:^aling the case to the United States Supreme Court. 

 In view of this decision, 13 like cases were recommended for dismissal. 



FEDERAL AID ROAD ACT. 



[39 Stat., 355.] 



Project statements for 663 projects were reviewed during the year 

 to determine whether the projects were eligible for aid under the 

 provisions of the act. Of these, 559 were approved and 4 disap- 

 proved. In many cases wdiere some part or all of the project was not 

 being used as a rural post road and there was not sufficient evidence 

 to establish a reasonable prospect that it would be so used within a 

 reasonable time, it "was necessary to point out in detail the character 

 of additional evidence Avhich should be furnished to establish the 

 eligibility of the project. In some instances elimination of a por- 

 tion or portions of the project was suggested, where it was impos- 

 sible to furnish sufficient evidence of a reasonable prospect of use 



