No. 4.] REPORT OF SECRETARY. xxi 



control of tlio Stato Xiirsery Inspector. The present in- 

 cumbent, Dr. II. T. Fernakl, finds that the physical work 

 of nursery inspection has been such a tax on his health that 

 he must give up the work. As the law now stands he can 

 receive no compensation for any other sort of work. While it 

 would perhaps be possible to replace him so far as the actual 

 field work is concerned, I know of no one who could fill the 

 place that he does in the details of the work, requiring judg- 

 ment and poise. The questions of the enforcement of the 

 law in regard to common carriers and private owners of 

 property, as well as many of those in the inspection of the 

 commercial nurseries, require a man at the head with matu- 

 rity of judgment and experience in dealing with men. That 

 we may not lose Dr. Fernald's services on these points I 

 recommend further that the Board instruct its secretary 

 to draft and present a l)ill to the Legislature providing a 

 proper compensation for other work than that of field in- 

 spection. 



Dairy Bureau. 

 The details of the work of the Dairy Bureau are given in 

 the annual report of its general agent, which appears else- 

 where in this volume. I need only say, therefore, that the 

 work has been carried on with judgment, moderation and 

 a due regard to the interests of the whole people. The en- 

 forcement of the law should be carried on in the spirit of 

 justice. Where the enforcing authority is certain that the 

 violation of the law was due to ignorance or carelessness, 

 and was without criminal intent, a sharp warning will 

 usually have all the deterrent effect of a prosecution in the 

 courts. IMere technical violations of the law should not be 

 held too rigidly to account. The value of an officer charged 

 with the enforcement of any law is not measured l\v the 

 number of convictions he secures but by the number of 

 offenders who subsequently repeat their offence. A record 

 for judgment is greatly to be preferred to one for convictions. 

 The work of the Dairy Bureau has been characterized by 

 this care in handling the question involvetl, and by a scrupu- 

 lous attempt to h(»ld the scales of justice evenly. The result 

 has been a record during the past year which cannot be 



