February, 1908. 



American Hee Journal 



and shipped it to the retailer in the Dis- 

 trict of Columbia. 



"The question upon which my opin- 

 ion is requested is whether, upon such 

 state of facts, the Maryland wholesaler 

 is amenable to prosecution for viola- 

 tion of the act, or is protected by the 

 guaranty from the Pennsylvania manu- 

 facturer?" 



He decides that the guaranty of 

 the Pennsylvania manufacturer affords 

 complete protection to the Maryland 

 wholesaler, the case being an interstate 

 sale, and the Pennsylvania man being 

 a resident of the United States. More- 

 over, the Maryland wholesaler is not 

 subject to prosecution by reason of the 

 guaranty he gave the District of Co- 

 lumbia retailer. But he say.s : 



"I .should add, however, that the tact 

 that both the District of Columbia re- 

 tailer and the Maryland wholesaler are 

 protected from prosecution by the guar- 

 anties which they have established from 

 their respective vendors, does not, in 

 my opinion, exempt the adulterated food 

 from confiscation under section ro of 

 the act, which provides, inter alia, that 

 any adulterated or misbranded food or 

 drug which is being transported in in- 

 terstate commerce for sale, or, having 

 been transported, rem.iini uniosded, un- 

 sold, or in original, unbroken packages, 

 or is sold or offered lor sale in the 

 District of Columbia, may be proceeded 

 against in the district where found 'and 

 seized for confiscation by a process of 

 libel for condemnation.' The provision 

 of section 9 that no dealer shall be 

 prosecuted when he establishes a guar- 

 anty from his vendor merely affords 

 protection, in my opinion, against crimi- 

 nal prosecution, fines, and other penal- 

 ties to which the dealer would other- 

 wise be personally amenable, and does 

 not in any way affect ihe liability of 

 the merchandise to confiscation under 

 the provisions of section 10." 



This decision seems to be common- 

 sense, leaving the matter as it shoulo 

 be. If a dealer were to have no pro- 

 tection against criminal prosecution, 

 fines, and other penalties when handling 

 honey in original packages, there would 

 be a hindrance to trade, for he could 

 not dare to handle anything concerning 

 whose purity he was not absolutely 

 certain. The danger of the smaller evil, 

 confiscation, will merely make him care- 

 ful to buy only of responsible parties. 



Bee-Inspertion Law of New Mexico 



George Eversole has been appointed 

 bee-inspector for Precinct No. 8, Flora 

 Vista, by the county commissioners, un- 

 der the provisions of the bee-law, passed 

 by Mr. Kvcrsole's efforts and those of 

 Representative Price Walters. The law 

 will be strictly enforced by Mr. Ever- 

 sole, and is as follows : 



CHAPTER 30.— .'Xn Act relative to the 

 inspection and creating the office of 

 inspector of bees. H. B. No. 105; 

 Approved, March 16, 1907. 

 Be it enacted by the Legislative Assem- 

 bly of the Territory of New Mexico: 

 Section i.— Upon the written applica- 

 tion, under oath of any five actual bee- 

 keepers, residing in any precinct in this 

 Territory, alUgcd upon information and 



belief that the disease known as Foul 

 Brood or any other contagious or in- 

 fectious disease, exists among the bees 

 in said precinct, or that infected arti- 

 cles are kept in said precinct, and that 

 there is danger that such disease will 

 spread to other apiaries, being made to 

 the chairman of the board of county 

 commissioners of the county in which 

 said precinct is located, the said board, 

 shall appoint some competent, actual bee- 

 keeper, residing in said precinct, to be 

 precinct inspector of bees; and the ap- 

 plicants shall state, in this application, 

 the names of the actual bee-keepers of 

 the precinct, so far. as known to them. 

 Sec. 2. — The person so appointed shall 

 within five days after his appointment, 

 file with the clerk of such board, his 

 written acceptance of the office, and the 

 usual oath of office ; or in default 

 thereof, the board shall, in the same 

 manner, make new appointments, until 

 the said office is filled. The inspector 

 shall hold office during the' pleasure of 

 the board, and until his successor is 

 appointed and qualified. 



Sec. 3. — Every bee-keeper or other 

 person who shall be aware of the ex- 

 istence of Foul Brood, either in his 

 own apiary or elsewhere, shall imme- 

 diately notify the inspector of bees, if 

 there be one, of the existence of such 

 disease, and in default of so doing shall, 

 on summary conviction before a justice 

 of the peace, be liable to a fine of five 

 dollars and costs. 



Sec. 4. — -On receiving notice from any 

 source of the existence, in any apiary 

 in his precinct, of the disease known as 

 Foul Brood, or any other infectious or 

 contagious disease of bees, the inspector 

 of bees shall forthwith inspect each 

 colony of bees and all hives, implements 

 and apparatus, honey and supplies on 

 hand or used in connection with such 

 apiary, or otherwise distinctly designate 

 each colony and apiary which he be- 

 lieves infected, and notify the owner or 

 person in charge of said bees thereof, 

 in writing or otherwise, and the own- 

 ers of said bees, or the person in 

 charge thereof, shall, within five days 

 thereafter, practically and in good faith, 

 apply and thereafter fully and effectually 

 carry out to and upon said diseased 

 colonies, such treatment as may have 

 been prescribed by the inspector for 

 such cases ; also thoroughly disinfect to 

 the satisfaction of such inspector all 

 hives, bee-houses, combs, honey and ap- 

 paratus that have been used in connec- 

 tion with any such diseased colonies; 

 or, at his election, the said owner or 

 person in charge of such bees may, 

 within the same time, utterly and corn- 

 pletely destroy said bees, house, comb 

 houses, honey and apparatus, by fire, 

 or bury the same in the ground, with a 

 covering of not less than two feet of 

 earth 



Sec. 5 — After inspecting infected hives 

 or fixtures, or handling diseased bees, 

 the inspector shall, before leaving the 

 premises or proceeding to any other 

 apiary, thoroughly disinfect his own per- 

 son and clothing, and shall see that any 

 assistant or assistants with him have 

 also thoroughly disinfected their per- 

 sons and clothing. 



Sec. 6 — The inspector shall have full 

 power, in his discretion, to order any 



owner or possessor of bees dwelling in 

 box hives in apiaries where the disease 

 exists (being mere boxes without 

 frames) to transfer such bees to mov- 

 able frame hives within a specified time, 

 and in default of such transfer, the in- 

 spector may destroy, or order the de- 

 struction of such box hives and the bees 

 dwelling therein. 



Sec. 7 — Should the owner or possessor 

 of diseased colonies of bees, or any por- 

 tion of said colonies, be they queens or 

 workers, or of any affected appliances 

 of bee-keeping, knowingly sell or bar- 

 ter such diseased colonies or portion 

 of colonies, or infected appliances, he 

 shall on conviction before any justice 

 of the peace, be liable to a fine of not 

 less than fifty dollars ($50) nor more 

 than one hundred dollars ($100), or to 

 imprisonment in the county jail for any 

 term not exceeding two months. 



Sec. 8 — Should any person whose bees 

 have been destroyed or treated for Foul 

 Brood sell, or offer for sale, any bees, 

 hives, or appurtenances of any kind, 

 after such destruction or treatment, and 

 before authorized by the inspector to 

 do so, or should he expose, in his bee 

 yard or elsewhere, any affected comb 

 honey, or other infected thing, or con- 

 ceal the fact that such disease exists 

 among his bees, he shall, on convic- 

 tion before a justice of the peace, be 

 liable to a .fine of not less than twenty 

 dollars ($20) nor more than fifty dol- 

 lars ($50), or to imprisonment in the 

 county jail for a term not exceeding two 

 months and not less than one month. 



Sec. 9 — When an owner or possessor 

 of bees shall disobey the directions of 

 the said inspector, a justice of the peace, 

 may upon the complaint of the said 

 inspector, cause a sufficient number of 

 special constables to be sworn in and 

 such special constables shall proceed to 

 such owner or possessor and assist the 

 inspector to seize all diseased colonies 

 and affected appurtenances, and burn 

 them forthwith ; and if necessary, the 

 said constables may arrest the said own- 

 er or possessor an-d bring him before 

 a justice of the peace, to be dealt with 

 according to the provisions of the pre- 

 ceding section of this act. 



Sec. 10 — Before proceeding against 

 any person before any justice of the 

 peace, the said inspector shall read over 

 to such person the provisions of this act 

 or shall cause a copy thereof to be de- 

 livered to such person. 



Sec. II — The said inspector shall in- 

 clude in his annual report to the board 

 a statement of his work during the pre- 

 ceding year, which statement shall in- 

 clude: First, the number of colonies 

 inspected ; second, the number of colo- 

 nies diseased; third, the number of colo- 

 nies destroyed by fire or otherwise; 

 fourth, the names of the owners, and 

 the localities where found ; fifth, the 

 amount paid him for his services, and 

 expenses for the preceding year. 



Sec. 12 — All acts and parts of acts 

 in conflict with this act are hereby re- 

 pealed. 



Sec. 13 — In the opinion of the Legis- 

 lative Assembly an emergency exists, 

 and this act shall take effect from and 

 after its passage. 



