206 AGRICULTURAL APPROPRIATION BILL, 1924. 



1 



not been infected by rust spores the owners of all eradicated bushes are entitled to 

 recompense for the actual value of the plants. 



The Minnesota law was passed in 1919. It forbids the maintenance, propagation, 

 sale, or introduction into the State of harmful barberries and makes it the duty of 

 property owners or occupants to destroy their barberries forthwith. The State ento- 

 mologist is designated as the enforcement officer. He is required to notify owners of 

 the presence of bushes, and they then are granted 10 days in which to remove them. If 

 thoy refuse or neglect to do so, the work may be done by the State and the cost col- 

 lected from the property owner by the county attorney. Violation of the act is made 

 a misdemeanor. 



The State board of horticulture is made responsible for the enforcement of Montana's 

 stringent law. It provides for giving notice of the presence of harmful barberries and 

 requires their removal within 10 days. If the owner does not destroy them, the State 

 horticultural inspector may have the work done and the cost charged against the 

 property in the form of taxes. Violation of the act is made a misdemeanor punishable 

 by a fine of from $10 to $25. The sale and transportation of the bush is prohibited as 

 well as its possession. 



In Nebraska the antibarbeny law is enforced by the sherif? of each county. The 

 plant pathologist of the State experiment station is required to inform the sheriff of 

 places where the bushes are growing. The sheriff then sends a written notice to the 

 property owner. If the bushes are not removed in 10 days, the sheriff may order the 

 work done and the cost collected as special taxes. The law was passed in April. 1919. 



North Dakota's law was passed in March, I'll?, and carried the first public appropri- 

 ation ever made for barberry eradication. The commissioner of agriculture and lalx)r 

 was required to make rules relating to the most convenient and expedient method of 

 eradicating rust-producing bushes, and .$5,000 was provided for the work. It also was 

 made the duty of the board of countv commissioners in every county to order and 

 cause the eradication of barberries. Provision was made for notif>"ing the owners of 

 bushes who were required to dig them up within 10 days. Failinjj to do so, the county 

 commissioners or State commissioner of agriculture were authorized to do the work, 

 the cost of which constituted a lien against the land. Refusal to dig the bushes is a 

 misdemeanor, punishable by a fine of not more than $25. 



The chief of the State bureau of horticulture enforces Ohio's plant pest law under 

 which barbeiTy eradication is required. The statute contains the usual ]irovision8 

 prohibiting the transportation, sale, or possession of disease spreading ))lants and 

 requires remoxal in 10 days after notice from the secretary of agriculture. Provision 

 also is made for doing the work at public expense if the owner refuses to do so. and 

 collecting the cost as taxes. Violation of the act is made a misdemeanor with the 

 maximum fine fixed at $100. The probate court is given jurisdiction over cases 

 arising and i^rosecutions take precedence over criminal cases. 



South Dakota passed a law in February, 1919. making it unlawful for any person to 

 permit any harmful barberry to exist on his premises or to o'fer the bush for sale. 

 The State entomologist is required to eiiforce the act as a police regulation of the 

 State. After receiving removal notices property owners are given M) days in which 

 to eradicate their bushes. In case of failure to dig th(>m \^^ the State entomologist 

 may order the work done and collect the cost as taxes. \'iolation of the act is a mis- 

 demeanor ])unishable by a line of from .*;25 to $500. 



Barberry eradication is re(|uired in Wiscon.sin under the terms of the crop pest and I 

 nursery inspection act passed by the legislature of 1915. The inn)ortiVtion of the 

 harmful varieties is prohibited by the 1919 statutes. After forliidding the shiiunent, 

 sale, or growing of the outlawed l)arl)erries the act authorizes the State entomologist 

 to eradicates the plants. I'pon Ix'ing nolifie-1 the ]»ro])erty owner has 10 days in which 

 to remove his hushes. After that the State may ilo it and charge the cost to taxes 

 against the premises. Violation of the law is a misdemeanor. The line ia from $25 

 to $500. 



The Wyoming law was passed in 1921. It contains the usual ]irovision aurainst 

 transi)ort, i)lanting, and sale of the harmful l>arl)eiries and makes it the duty of the 

 State hoard of horticulture to causf the eradication of rust-lK'aring varieties, it the 

 owner of the land on which lh<> l)a'!)('rries are fonnd growing n-fu.ses to nwnove tiiem 

 within 10 days after reccuving a written notice to do so the State does the work and 

 follecls for it hy levying s]>ecial taxes against the land. Violation of the statute is a 

 inisdenicanor and the line is from $10 to $25. 



Mr. Fuller. I would liko to call the atttMition of the commit Ice 

 to the losses fi'om blaek stem rust. You will recall that the static 

 ment has been made, httsed upon lii;ures prepitred by the plant 

 disease sinvey, that the average ammal loss [rom black stem rust 



