STATE COMMISSION OF HORTICULTURE. 



QUARANTINE LAWS. 



The statutes of California contain but two measures governing the 

 Commissioner of Horticulture, namely, the act of 1899. popularly 

 known as the "State Quarantine Law," and the act establishing the 

 present State Commission of Horticulture, enacted in 1903, and 

 amended finally June 26, 1911. The objects of the quarantine clauses 

 of both these laws are to prevent the introduction of harmful insects 

 and plant diseases into the State, to provide methods of eradication 

 should they secure a foothold, and to authorize certain agencies to adopt 

 rules and regulations for the enforcement of the quarantine provisions. 



There seem to be conflicting clauses in these two acts, and their 

 phraseology taken together is someAvhat confusing. The act of 1899, 

 for example, provides in section 4 that "Any trees, shrubs. * * * 

 found infested with any species of injurious insects * * * not 

 existing in the orchards, vineyards, gardens or farms of California 

 * * * shall be immediately sent out of the State or destroyed at the 

 option of the owner." The act of 1911, known as the "State Com- 

 mission Law, ' ' makes no distinction in the methods of handling infesta- 

 tions new to the State, as against insects brought over the border of 

 species already established in the State. However, as there is nothing 

 in the latter act preventing the immediate reshipment or destruction 

 of new infestations authorized by the former, the provisions of the- 

 older act should prevail in cases of that character and no disinfection 

 be given to foreign pests, except such as is necessary to lessen the dan- 

 ger while the quarantined articles are retraversing the State on their 

 way out. The act of 1911 is intended to be a complete scheme to pro- 

 vide quarantine protection to our horticultural industries, and should 

 be the basis for all quarantine procedure of a general nature. For 

 handling most of the individual cases likely to occur attention is called 

 to the provisions of the "State Quarantine Law" (1899) relating to 

 marking incoming packages and holding the same by the carriers ; to 

 the provisions of section 4 of this law ; to the statutory quarantine 

 against peach yellows, rosette and certain animals detrimental to hor- 

 ticultural and agricultural interests. These are useful supplements to 

 the main law, and both acts should be carefully studied together by the 

 officials charged with their execution. 



STATE QUARANTINE GUARDIANS. 



An act approved by Governor Stoneman March 13, 1883, created 

 the State Board of Horticulture, consisting of nine members, one each 

 from the seven districts designated by the measure and two from the 

 State at large. The act empowered the board to appoint an officer 

 known as Inspector of Fruit Pests. This official, in cases of emergency, 

 and the board during its sessions were given the authority to appoint 

 quarantine guardians who were to receive not more than $2.00 per day 

 to be paid by the owners of orchards and other places under quarantine 

 regulations. The legislature of 1903 abolished the State Board of Hor- 

 ticulture, substituting therefor a law creating the State Commission of 

 Horticulture as it now exists. But the author of the law of 1903 neg- 



