216 JOURNAL OF ECONOMIC ENTOMOLOGY [Vol. 5 



express purpose of hearing the merits of the particular controvers}^ Where ample 

 notice is provided which gives the property owner an opportunity to have a hearing 

 in any court of competent jurisdiction before his property is affected he is afforded 

 due process of law. 



But we do not regard the cost of the proceedings a tax, although the act refers 

 to it as a tax to "be collected as other taxes are collected." It is merely the expense 

 of abating a nuisance and there are various ways which the legislature might have 

 adopted for its collection. They might have provided for its collection by an action 

 against the owner, after his neglect or refusal, upon due notice, to abate the nuisance, 

 following the method provided for collecting the cost and expenses of inspecting and 

 treating diseased sheep (Gen. Stat. 1909, Sec. 9097); or, the method prescribed 

 where infected cattle are taken by order of the sanitary live stock commissioner under 

 section 9136 (Gen. Stat. 1909), which provides that all costs and expenses shall be 

 paid by the owner and if not so paid, the animals shall be advertised and sold in the 

 same manner as personal property on execution. 



Instead of adopting either of these methods the legislature provided that the cost 

 of abating the nuisance should be paid by the owner of the property, and in default 

 of such payment the board of county commissioners should pay it so that the work 

 of the commission should not be delayed ; and then gave the county a lien upon the 

 real estate for the indebtedness due it from the owoier and authorized the county 

 to enforce such lien by the method employed in levying and collection of taxes. The 

 California statute gives to the county a Men upon the real estate for the expenses 

 incurred and provides for its enforcement by an ordinary action. It was held that 

 the lien is not for a delinquent tax but merely for an indebtedness due to the county. 

 (County of Los Angeles v. Spencer, supra.) 



Since the expense incurred by the commission is not a tax the act is not repugnant 

 to the provision of the constitution which requires a unifoAn and equal rate of assess- 

 ment and taxation. 



The act being constitutional and valid the court properly denied the appellant the 

 relief prayed for and the appellees were entitled to a permanent injunction against 

 his interfering with the execution of the law. 



The judgment is affirmed. 

 All the Justices concurring. 

 A true copy. Attest: — Clerk Supreme Court. 



THE ADVISABILITY OF EXEMPTING FROM FUMIGATION 



NURSERY STOCK NOT SUSCEPTIBLE TO 



SAN JOSE ATTACK 



By P. A. Glenn, Chief Inspector, Office of State Entomologist, Urhana, III. 



The San Jos^ scale is present in so many of our states and has estab- 

 lished itself in dangerous proximity to so many of our nurseries, that 

 the problem of preventing its further dissemination on nursery stock 

 and of giving to the buyer of nursery stock the advantage which is 

 rightly his, of having trees to start with that are free from this trouble- 

 some pest, is one of the most important ones with which the inspection 

 departments of most of our states in which nursery stock is grown 

 extensively have to deal; and, moreover, nursery stock is so extensively 



