4 STATE COMMISSION OF HORTICULTURE. 



DUTIES OF QUARANTINE GUARDIANS. 



Neither the state nor the county horticultural laws fix the duties or 

 establish the responsibilities of the State quarantine guardians. (See 

 Political Code, Chapters 600 and 299, respectively.) Each of these 

 acts simply authorizes the appointment of these officials in the following 

 words: "The State Commissioner of Horticulture may issue commis- 

 sions as quarantine guardians to the county horticultural commissioner, 

 the deputies and inspectors appointed by him." 



If no other authority were given, the functions and responsibilities 

 of these guardians would be to act merely as deputies of the State Com- 

 missioner's office. But these laws authorize commissions to be issued, 

 evidently for the purpose of giving distinctiveness and formal authority 

 to the office of guardian. Furthermore, we find in the ' ' Horticultural 

 Quarantine Law" (1899), that certain duties are clearly set forth and 

 delegated distinctly to the quarantine guardians. Section 1 of this act 

 requires the quarantine guardians to be notified of the arrival of trees, 

 shrubs, etc., when brought into the State; empowers them to make 

 inspections, to enforce the proper marking of articles subject to inspec- 

 tion, and directly authorizes these officials to detain, disinfect, hold, send 

 out of the State or destroy certain articles under stipulated conditions. 

 In no case does the law intimate that the above-named acts shall be 

 done under the authority or knowledge of the State Commissioner. It 

 is clear that the legislature of 1899 intended these guardians to be inde- 

 pendent officials delegated to act upon their own judgment and respon- 

 sibility, and in no way dependent upon the State Commissioner except 

 for appointment and tenure of office. 



It is obvious, however, that the whole scheme of our horticultural 

 law contemplates unity and cooperation between the various horticul- 

 tural offices, state and county, and every one connected with these 

 offices is expected to render service in compliance with the spirit of 

 these laws in respect to cooperation and harmony. As to the territorial 

 jurisdiction of the state quarantine guardian, he is delegated to patrol 

 and protect the county for which he is appointed, but there is nothing 

 in the law limiting his authority to his own county. 



It is suggested for the good of the service that the state quarantine 

 guardians and the county horticultural commissioners (at present rep- 

 resented in the same persons), keep their dual offices entirely separate. 

 These officials should have clearly in mind the duties and prerogatives 

 of each office ; they should confer freely with the State Commissioner, 

 and with each other upon quarantine work, as should authorized and 

 responsible elements in the service of the State and counties, commis- 

 sioned with the duties of protecting and conserving the common weal 

 of our greatest soil industries. Records should be kept of every trans- 

 action, both as county commissioners and quarantine agents, that the 

 whole service may be improved and made fully protective to the enter- 

 prises in whose behalf these offices have been created; these officers 

 should initiate new policies and bring to bear every influence promising 

 to advance the agricultural and horticultural interests of California. 



