THE MONTHLY" BULLETIN. 313 



from a policy which embraced a board of nine commissioners, each 

 expert in the practice and conversant with the needs of his particular 

 branch of the horticultural products of California, to the policy of a 

 single commissioner eqiuiUy expert in all, does not come within the 

 province of this article. At this time we are concerned with the quar- 

 antine features of the act. Evidently the experiences of the entire 

 situation accumulated during the precedin": twenty-three years were 

 Vi'ry thoroughly digested by those who drafted the provisions of the 

 bill. In section 4 we find extraordinary powers given to the commis- 

 sioner in that he may. with the approval of the Gov^ernor, establish 

 C[uarantines at the boundaries of this State, or elsewhere within the 

 State. The nomenclature of the different positions in the service 

 become changed ; the commissioner becomes under the new act the State 

 Horticultural Quarantine Officer, as set forth in act of 1899, and the 

 former quarantine officer is afterward known as the Chief Deputy 

 Commissioner, although his functions still continue to be putting into 

 fictive operation all the i)rovisions of the quarantine law. Also in this 

 act was omitted the authority granted in the act of March, 1883, to 

 create and commission quarantine guardians. 



It would appear that all posi])le contingencies had been provided 

 for in the several provisions of the two acts last enacted for these 

 purposes, but such was not the ca^e. During the month of February, 

 1903, an event occurred in San Francisco which necessitated the 

 insertion into the provisions of section 3 of the horticultural law of 

 that famous sentence "reasonable cause to presume." Simple as it 

 seems, those four words made the protective system impregnable, and 

 have proved the despair of many a would-be contestant of later quar- 

 antine rulings. 



The act creating the State Commission of Horticulture was amended 

 June 26, 1911. Many new features were added to the bill, perhaps the 

 one of most real importance being the restoration of the authority to 

 appoint and commission state quarantine guardians. The importance 

 of this feature can not be over-estimated as it provides for the putting 

 into execution of the provisions of the state quarantine law at all 

 interior points of delivery. 



The arrival at the docks in San Francisco of live larvjE of the Medi- 

 terranean fruit fiy during the late summer of 1911 again necessitated 

 the amending of the cpiarantine regulations of the State of California, 

 and the culmination of the efforts of all those interested in devising 

 adequate ways and means for preventing this pest from becoming 

 distributed in the State is to be found expressed in the provisions of 

 section 5 of the state quarantine law. Taking for a text a learned 

 decision that the essence of the quarantine law is the prevention of 

 disease, and that in consecpience the law applies not onl.y to what is 

 actually diseased, but also to that which has been exposed to disease, 

 the entire provisions of this bill were carefully compiled and the 

 language of each section thoughtfully constructed with a view to have 

 the same, when put into execution, withstand any test of the law that 

 might be brought against them ; and this law as it stands upon the statue 

 books today is generally accepted as a standard of this class of 

 legislation. 



