ICl STATE HORTICULTURAL SOCIETY 



he shall not ship nor deliver any such trees, vines, shrubs, nor plants 

 . affected with such dangerous diseases or insects, under the penalty of a 

 fine of one dollar for every tree, vine, plant, or shrub so affected, when 

 shipped or delivered from such nursery, which- line shall be collected by 

 suit by the prosecuting attorney of the county in which said nursery is 

 located." The word nursery is capable of some interpretation. I think 

 that is broad enough to cover the case in ever}' respect, and I do not be- 

 lieve any man can deliver infested stock here except it passes inspection, 

 regulated under 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, [there you have 

 got persons 'growing or offering for sale'] and shall deposit with said 

 board a fee of five dollars as a license fee for himself as principal. Such 

 license shall be good for one year and shall not be transferable, and each 

 of such persons, principals, shall execute to the State Board of Agri- 

 culture a bond, in the sum of one thousand dollars, with good and 

 sufficient sureties satisfactorv 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 

 with the postoffice address of each purchaser, which list shall be held in 

 strict confidence by the said State Board of Agriculture, and not be 

 subject to inspection by the public. Failure on the part of any nursery- 

 man, grower, agent, or dealer to comply with the provisions of this sec- 

 tion shall render him or them liable to the penalties of a fine of not 

 more than one hundred nor less than twenty-five dollars, or imprison- 

 ment in the county jail for 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." 

 That does not say ''nurseryman" at all; it says "persons growing or offer- 

 ing for sale." 



Prof. Hedrick: But suppose a man has taken out his license accord- 

 ing to this Sec. 5 that you have just read. The law provides in the pre- 

 vious section that any trees coming into the state, having the proper 

 certificate, mav be handled bv these dealers, and so on. 



Mr. Morrill: "Whenever any trees, shrubs, plants, or vines are shipped 

 into this state from any other state, country, or province, every package 

 thereof shall be plainly labeled on the outside with the name of the con- 

 signor, the name of the consignee, the contents, and a certificate showing 

 that the contents have been inspected by a state or government inspector, 

 and that the trees, vines, shrubs, or plants therein contained appear free 

 from all injurious insects or diseases. Whenever any trees, shrubs, vines, 

 or i)lants are shipped into this state Avithout such certificate plainly fixed 

 on the outside of the ])ackage, box, or car containing the same, the fact 

 must be reported within twenty-four hours to the State Board of Agri- 

 culture 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 guiltj' of a misdemeanor, and 



