April, '12] FORBES: NEGLIGENT ORCHARDISTS 207 



of horticulture and the best interests of the intelligent and responsible 

 horticulturist require the prompt suppression of all dangerous horti- 

 cultural nuisances as these are defined in our state inspection laws, 

 and that we approve and will support the State Entomologist in all 

 necessary lawful measures to that end. This statement is intended 

 to include the destruction of infested or infected trees and shrubs 

 neglected by the owner, and so situated as to be dangerous to the 

 property of others." I shall hope to have the experience and the 

 judgment of others upon the situations thus described. 



One other point may be interesting to you, and that is the real 

 extent and scope of some of our laws passed with primary reference to 

 the San Jose scale. We have some of us sown a seed that will produce 

 a crop quite different from what we had in mind when sowing. I am 

 advised by the Attorney-General of Illinois that our so-called San 

 Jose scale law, although designed and drawn especially for the control 

 of the San Jose scale, is expressed in terms so general (in order to make 

 it cover all possible cases) that it really applies to insect pests of every 

 description as affecting any kind of property whatsoever. He tells 

 me, in other words, that I have the same powers and obligations with 

 respect to a wheat field infested by chinch-bugs likely to escape at 

 harvest time to the injury of the corn of an adjacent neighbor that 

 I have with reference to the San Jose scale in an infested orchard. 

 We have thus obtained a general crop-pest law in Illinois without 

 knowing it or, indeed, intending it at the time; and I am making 

 some use of this fact this winter to arouse attention to the chinch- 

 bug situation in the southern part of our state, by showing farmers 

 concerned that by an attitude of indifference and inactivity with 

 reference to their infested fields they are really violating a law of the 

 state. 



A RECENT DECISION OF THE SUPREME COURT OF 



KANSAS 



By S. J. Hunter, State Entomologist, University oj Kansas, Lawrence 



[Professor Hunter outlined the history of the case and called attention to the far- 

 reaching significance of the decision, which latter is reproduced below. — Ed.] 



Xo. 17226. 

 S. W. Balch, Appellant, 



V. 



A. P. Glenn, et al., Appellees. 



Appeal from Sedgwick County. 

 Affirmed. 



