THE MONTHLY BULIvETIN. 273 



"The State Board of Ilorticnltiiral Examiners is not at libertj' at 

 any time to examine, upon call, even if it is willing to do so, to provide a 

 larger list of eligibles from which selection of a Connty Horticultural 

 Commissioner may be made." 



Guided by this deeision requests for examinations when there were 

 already (^ligibles have been repeatedly refused. 



The following decision under date of ^Marcli 24, 1915, bears on the 

 same question and affords a(ldili(mal light on the subject: 



"STATE OF CALIFORNIA, 

 OFFICE OF ATTORNEY CENERAL. 

 San Francisco. Manh L'4, 11)15. 

 "Hon. A. J. COOK. 



State Coiiiiiiissioncr of IIorlicnKiiro. 

 Sacraiiit'iito, ( 'alitoiiiia. 



"Dkak Sii! — I have your (■ominunicatioii of .Tiily 2, 1!)14, vclatins: to tlio Iiohliiiij 

 of an cxaiuiiiatiou for cli.iiililcs for (lie |)osilioii of County Ilorticiilliiral Connuis- 

 sionor at a tiiiit- when tln're are I'liuihles upon llu' lis( |)rcviousl.\- oertiticd. I lu'lit-ve 

 I advisod you orally with respect to this matter shortly after receipt of your coni- 

 municalion, i)ut as the records of this oHice do not disclose that fact 1 am now 

 embodyiuii in this opinion my views ujion the suhject matter of your iuquiry so 

 that tliere may be a record of the same in our res|)ective offices. 



"The suhject matter of your inquiry is closely related to that discussed by me 

 in my o])inion to you. No. 2."ii)t!. under date of October 21, 1!>13. It would appear 

 that in line with that oi)inion it is not necessary to wait until the eligible list shall 

 have been entirely exhausted before holdins- another e.xamination for tlie purpose of 

 creatinji' another or more enlarged eligible list. It would seem proper that such 

 examination should be held at a time when in the opinion of the examining body 

 and in the exercise of its sound discretion it believes that it should forestall the 

 possibility of the eligible list being exhausted and of its having to await the sup- 

 Ijlementing of that list, or the creation of a new list, by examinations. It might 

 properly, therefore, hold such examinations in advance of the exhaustion of such 

 list so that with the names of those certified upon such examination added to those 

 now on the list there will at all times be names upon the eligible list available in 

 case of necessity. However, in creating such additional list the position of those 

 who were i)reviously certified and who are upon the jjresent eligible list should not 

 be overlooked, nor should such examinations be held for the sole purpose of creating 

 another eligible list and thereby avoiding the necessity of drawing from the eligible 

 list now available. 



Very truly yours, 



U. S. WEBB, Attorney General, 

 By Robert W. Harrison, Deputy." 



—A. J. C. 



The potato prize. — As stated on page 203 of the April issue of The 

 Monthly Bulletin, the potato prize of $100 for the be.st acre of potatoes 

 grown in California is now assured. We hope that other prizes will be 

 offered. At present seventeen persons have entered the contest, as 

 follows : James Boyce, Eureka ; John Elriek, Napa ; D. W. Ewing, 

 Vista; 0. P. Fitch, Placerville; Sydney Leathers, Grafton; Leech, 

 Caldwell & Toland, East Bakersfield ; Henry J. Majors, Watsonville ; 

 Dave jNIanson, Napa; J. E. Merriman, Blue Lake; Carl Nielson, Sebas- 

 topol ; W. E. Parsons, Grass Valley ; Geo. H. Peters, Bakersfield ; 

 E. H. Phreaner, Placerville; O. K. Smith, Grass Valley; F. E. Spurgeon, 

 Sacramento ; R. M. Widney, Pacoima ; Wynn Bros., Areata. 



We shoidd value a statement from each of the contestants as to date 

 of planting, height of i)lants at the present time, and it would be w^ell 

 if we could also know when the potatoes commenced to bloom and when 

 the bloom is general over the whole area planted. 



Suggestions in regard to this nuitter will appear in The Monthly Bul- 

 letin from time to time during the season.- — A. J. C. 



