32 - STATE HORTICULTURAL SOCIETY 



Sec. 4. Whenevei" any trees, shrubs, plants or vines are shipped into this state 

 from another state, country or province, every package thereof shall be plainly 

 labeled on the outside with the name of the consignor, the name of the consignee, 

 the contents, and a certificate showing that the contents have been inspected by 

 a state or government officer, and that the trees, vines, shrubs or plants therein 

 contained appear free from all injurious insects or diseases. Whenever any trees, 

 shrubs, vines or plants are shipped into this state without such certificate plainly 

 fixed on the outside of the package, box or car containing the same, the fact must 

 be reported within twenty-four hours to the State Board of Agriculture by the 

 railway, express or steamboat company, or other person or persons carrying the 

 same; and any agent of any railway, steamboat or express company, or any other 

 person or persons who shall violate the provisions of this section shall be deemed 

 guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum 

 not less than twenty-five nor more than one hundred dollars, or imprisonment in 

 the county jail not less than five nor more than thirty days, or may be so fined 

 and imprisoned in the discretion of the court, and any such fine shall be paid to 

 the State Board of Agriculture. 



With this section the committee had a great deal of difficulty. The 

 laws of Maryland and some other states require railroads and all com- 

 mon carriers to hold such stock subject to an inspection, and notify the 

 inspector or board, and hold the stock pending inspection; but it has 

 been discovered, I think, that that is unconstitutional (it comes in con- 

 flict with inter-state commerce laws), and they are not attempting to 

 £^nforce that provision in other states where they have it. They are 

 afraid to test the law. To avoid that, we merely make it the duty in 

 this connection to report to th^ State Board of Agriculture the name of 

 the consignor and the name of the consignee. The state board or in- 

 spector is supposed to know, nearly, what nurseries throughout the 

 country are infected with these diseases or are infested, and if the 

 stock comes from an infected nursery it is a very easy matter to follow 

 it up and know where it goes and where it comes from, and that avoids 

 the question of constitutionality. 



A Member: That applies, does it, to all packages of nursery stock 

 coming into the state? 



Mr. Graham: All packages of nursery stock; yes, sir. 



Sec. 5. Any person or persons growing or offering for sale in this state any 

 trees, vines, shrubs or plants, commonly known as nursery stock, shall, on or 

 before the first day of August in each year, apply to the State Board of Agriculture, 

 for inspection of said stock under the provisions of this act and a license for its 

 sale, and shall deposit with said board a fee of five dollars as a license fee for 

 himself as principal, and a similar license shall be obtained for each and 

 every agent or employe. Such license shall be good for one year and shall 

 not be transferrable, and each of such persons, principals, shall execute to the State 

 Board of Agriculture, a bond, in the sum of one thousand dollars, with two good 

 and sufficient sureties of this state, satisfactory to said board, conditioned that 

 he will comply with all the provisions of this act, and that upon demand he will 

 file with the State Board of Agriculture a list of the persons to whom he has 

 sold or delivered any such nursery stock, giving the species, together Avith the 

 postoffice address of each purchaser. Failure on the part of the nurseryman, 

 grower, agent or dealer to comply with the provisions of this section shall render 

 him or them liable to the penalties of a fine of not more than one hundred dollars 

 nor less than twenty-five dollars, or imprisonment in the county jail far not more 

 than ninety nor less than thirty days, or both such fine and imprisonment in the 

 discretion of the court, for each and every such sale. Such information shall be 

 preserved and be for the sole use of the nursery and orchard inspector and his 

 deputies: Provided. That the provisions of the preceding sections shall not apply 

 to persons engaged in fruit growing, who are not nurserymen, who desire to sell or 

 exchange surplus trees or plants of their own growing. 



