14:8 STATE HORTICULTURAL SOCIETY 



by a state or government inspector, and that they are free from all 

 dangerously injurious insects and diseases. All common carriers are held 

 responsible for the enforcement of this section of the law in regard to the 

 stock carried by them. A conviction of violation of the law on the part 

 of any carrier may entail a fine of |100 or an imprisonment in the county 

 jail for from five to thirty daj'S. 



3. All dealers in nursery stock, on or before the first day of August 

 each year, must apply and pay a fee of |5 for a license; they must also 

 give a bond of $1,000 each, conditioned that they will keep the law and 

 compl}^ with the clause therein requiring that upon demand a list of 

 customers and the trees sold to them be filed with the State Board of 

 Agriculture. Failure on the part of any dealer in nursery stock to file 

 such a list renders him liable to a fine or imprisonment. 



4. The law provides that no dealer in nursery stock, resident of another 

 state, shall do business in this state without having a license, giving 

 a bond, and having a certificate of inspection, as required of residents of 

 this state. 



5. A provision incidental to the main import of the law is that the 

 state inspector act as a referee, with final decision, in case owners of 

 peach orchards and yellows commissioners can not agree as to trees 

 supposed to have yellows. It is also the duty of the state inspector to 

 examine every orchard supposed to be affected with dangerously in- 

 jurious insects or diseases, and authority is given him to enter any such 

 orchard, and if the pest be found, to exterminate it, the expense of such 

 procedure to be assessed and put in the taxes levied on the premises con- 

 cerned. 



All expenses incurred under the provisions of the act are audited by 

 the State Board of Agriculture and paid out of the general fund of 

 the state. All money collected as fees under the act are paid into the 

 general fund of the state treasury. 



Owing to the fact that the services of a proper person to act as inspec- 

 tor could not be obtained, to the very great annoyance of the nursery- 

 men, the law, which should have taken effect the first of August, was 

 not put in force until nearly two months later. With this lengthy handi- 

 cap in time, the iusi)ector began work, and since then, September 25, has 

 been chiefly occupied in visiting nurseries. The inspector has held that, 

 before a certificate could be given to the owner of a nursery, the nursery 

 must be a])parently free from indications of San Jofi6 scale, and of 

 black aphis on the roots of peaches. There must also be a comparative 

 freedom from the gall, affecting most commonly the roots of peaches and 

 apples, and from the woolly aphis on the apple. It would be well in- 

 deed for the purchaser of trees if the inspector could insist that the stock 

 be free from both these pests before granting a certificate, but the 

 prevalence of the first named in the majority of nurseries, and the last 

 named in all but one or two blocks of apples so far inspected, makes it 

 impossible to insist this year. However, all nurserymen have been 

 warned that if trees affected with either the gall or woolly a])his were 

 sold by them, there might be ti'ouble. Considerable stock sent out by 

 the Various nurserymen visited comes under my observation, and there 

 is every reason to believe that much care is being exercised by shippers 

 in sending out stock affected by these two pests. In all, sixty-five 

 nurseries have been inspected. In three of these San .Tost§ scale has 



