Appendix. 381 



county wherein fruit trees are growing, to annually issue his 

 proclamation, stating the time or times when it is prudent and 

 proper to spray fruit trees and to otherwise disinfect orchards 

 that are infested with any kind of fruit-destroying insects, in 

 which he shall name two or more formulas that have been used 

 and approved for such purposes." 



And further : 



" Sec. 5. The county court is hereby authorized and required 

 to provide for the publication of the proclamation required by 

 section 3, and to formulate such rules and regulations as it may 

 deem proper, to govern the actions of the fruit tree inspector in 

 his duties, and to give such public notice as it may deem proper 

 in relation to the disinfecting of storerooms, warehouses and 

 salesrooms where fruits in either a green or dried state may be 

 stored, handled or offered for sale." 



On March 8, 1895, a proclamation issued by the probate 

 judge of Sanpete County contained directions for spraying 

 apple, pear, peach, and plum trees, the time for making the 

 applications as well as the materials to be used being stated. 



An inquiry was made to learn of the success attending the 

 enforcement of the terms of the proclamation, and of the gen- 

 eral effectiveness of the act as passed by the legislature. Mr. 

 Joseph Judd, the probate judge of Sanpete County, replied as 

 follows : 



" In answer to your favor on the subject of our spraying laws, will say we have 

 the law on our statute book, and it was enforced in 1894. It has been carried out 

 thoroughly this year again, and we have found good results of the spraying. There 

 is no doubt that spraying is absolutely necessary in these dry climates, and I con- 

 sider it a very necessary law. But I have always doubted its constitutionality, as 

 it hardly looks reasonable that the law can tell a person just how and when he shall 

 spray or otherwise treat his orchard, and inflict a penalty if the law is not complied 

 with. 



" Some of our people have refused to comply in full, or as to when they shall 

 spray, and we have just had a ruling on the law by our chief justice Merritt. He 

 declares the law unconstitutional, and from this time on I think that spraying will 

 not be done so generally." 



With such a precedent, it appears doubtful if laws designed 

 to control spraying will ever become popular. 



