36 STATE HORTICULTURAL SOCIETY 



hardly do to enact a law requiring those commissioners to go from one 

 farm to the other from one end of the township to the other and examine 

 ever}' orchard. 



Mr. Harris: That is what I was getting at, whether it is necessary 

 or not. 



Mr. Graham: It is not compulsory upon them to make any extended 

 investigation until they are notified some disease exists. 



Mr. Harris: I believe that section 8 of that law provides that a yel- 

 lows commissioner may order a. tree out, but now it must be left to 

 the state commissioner if there is any dispute. The man is not com- 

 jielled to take it out until the state commissioner says so. Does section 

 8 of that amendment say that the state commissioner can order it out? 



Mr. Graham: They are to leave those matters to the state commis- 

 sioner. My experience has been this, the commissioner is not thoroughly 

 satisfied that an orchard is infested with San Jos6 scale. He thinks 

 it is, but he is not sure of it; he is not so positive that he will order 

 those trees destroyed. This other bill provides that it shall be left to 

 this state commissioner, and I presume that in any case that would 

 be the practice, while I think he has absolute authority in any case 

 where he is sure it exists. 



Mr. Harris: I notice in that amendment in section 8, that it says 

 that in case of disagreement between the owner of the tree and the 

 commissioner, it should be settled by the state commissioner. 



Mr. Graham: This is not an amendment, however: "Whenever the 

 ■commissioners under acts No. 108 and 109, session laws of 1895, known 

 as yellows commissioners, shall be uncertain as to the existence or 

 nature of any infectious or contagious disease or dangerous insect pest, 

 in an orchard or elsewhere, or in case any dispute «hall arise between 

 the owners and commissioners, it shall be the duty of said commissioners 

 to notifv the state inspector of orchards and nurseries." 



Mr. Harris: He has no right to order that tree out — it is his duty to 

 notify the state commissioner? 



Mr. Morrill: That is the yellows law? 



Mr. Graham: This section alludes to both yellows and scale. How- 

 over, it is not an amendment, and does not affect that. "It shall be his 

 duty to notify the state inspector of orchards and nurseries, who shall 

 at once investigate or inquire into the matter," but where the commis- 

 sioner is sure that the orchard is infected with yellows or any other 

 disease, I do not think there would be a question of doubt of his authority 

 to order or to take them out himself immediately. It is a question of 

 where there is a dispute. 



Mr. Harris: There generally is a dispute; that is, in a great many cases 

 in a new country where we are following this, where people are not 

 jtosted as to what these diseases are, and tlie commissioner comes along 

 and orders them to take out a tree, and in the mind of the commissioner 

 he may be satisfied it has a disease and in the mind of the owner it would 

 not have. Now, would I as a commissioner have a right to order or 

 force them out, or would I have to notify the state commissioner? 



Mr. Graham: I think you would have a right to order it out. 



Mr. Harris: On that section, it would be my duty to leave it to the 

 state commissioner. 



Mr. Graham: So it does, to report to him. I think if a tree had 

 yellows it would be a very easy matter to convince the owner of the fact. 



