12 STATE COMMISSION OF HORTICULTURE. 



. 



have discovered and properly identified this fruit fly (Ceratitis capitata) in fruit and 

 vegetables brought in both as freight and personal baggage from the port of Honolulu, 

 Hawaiian Islands ; and 



WHEREAS. The introduction of this fruit fly (Ceratitis capitata) into California 

 would entail irreparable losses to our fruit, vine and vegetable interests ; 



It is hereby ordered, directed and declared, That a quarantine be and the same is 

 hereby .stablished in accordance with section 2319& of the Political Code of the State 

 of California, against the importation of all fruits, vegetables, berries, seed-pods, etc., 

 either cultivated in the orchards or gardens or growing wild in the Hawaiian Islands, 

 with the exception that pineapples, bananas, and all root crops, the edible portions of 

 which during growth have always been beneath the surface of the soil, shall be 

 admitted at the ports of the State of California after having been duly inspected ; 

 provided, that any or all of these exempted fruits or vegetables, if at any time here- 

 after shall be found to contain upon inspection the egg, larv&e or pupae of the. fruit fly 

 ( ('( ratitis capitata) they shall be immediately included in the list of quarantined fruits 

 and vegetables. The fruit or vegetables quarantined against in this order shall be 

 immediately returned to the port from which they were shipped or destroyed at the 

 option of the owner, consignee or agent. In no case shall such quarantined fruits be 

 allowed to be transported over, repacked or stored upon any dock, warehouse, barge 

 or other property within the jurisdiction of the State of California, excepting the ship 

 in which they were originally brought, or to which they are at once transferred. All 

 deputies of the State Commission of Horticulture, or state quarantine guardians are 

 hereby empowered to carry out the provisions of this order. 



J. W. JEFFREY, 

 State Commissioner of Horticulture. 



Approved: 



HIRAM TV. JOHNSON, 



Governor of California. 



Important as this new and sweeping order may be, unless the methods 

 of handling ship inspections are thorough, we can not expect reason- 

 able protection. Our quarantine laws have always been defective, in 

 that they do not, and perhaps can not, enforce the inspection of private 

 baggage carried by passengers upon transportation lines. The Attor- 

 ney General's office has been appealed to, and has held that opening 

 personal baggage to determine whether it contained contraband articles 

 under such as the above order would involve intricate legal points, and 

 no one has been able to suggest an amendment to our quarantine acts 

 that would avoid the complications following the invasion of personal 

 Jiberty necessary to thoroughly inspect private baggage. Whether tho 

 State of California could establish this right of search, as it has been 

 established by the United States customs laws can not be determined at 

 this time, and the emergency now under consideration impelled us to 

 adopt a new policy that promises to be entirely satisfactory and pro- 

 tective. 



All baggage arriving on vessels from foreign ports is opened and 

 inspected for dutiable goods by the customs officials, and by agreement 

 with the Federal authorities the horticultural quarantine deputies are 

 on hand to look through the baggage and tafee possession of quarantined 

 or infected fruits, plants, etc. But the vessels coming in from domestic 

 territory are not visited by the customs officers and it is from this source 

 our greatest danger has originated. How to reach the baggage of pas- 

 sengers coming on the Hawaiian steamers became a most important 

 question. A conference was held with the officials of the Matson Nav- 

 igation Company and the Oceanic Steamship Company in June, and 

 the following proposition made to them : 



1. A contract to be attached to each passenger ticket and signed by 

 the purchaser at Honolulu, reading as follows : 



"One of the conditions of this ticket is that the quarantine regula- 

 tions of the State of California will be conformed to in regard to the 

 inspection of horticultural products. I hereby agree to the inspection, 

 by the quarantine officials of the State Commission of Horticulture, of 

 all my personal effects upon my arrival at San Francisco." 



