140 PRESENT STATUS OF THE INDUSTRY. 



is, by prohibiting digging on any land but one's own. 

 The legislature of West Virginia has enacted a law of 

 this purport. It covers the case of other medicinal 

 roots as well as ginseng. The text is as follows :* 



SEC. i. It shall be unlawful for any person to 

 dig ginseng or other medicinal roots, or prospect for 

 the same, on the land of another, in the counties of 

 Pocahontas, Greenbrier, and Webster, without the 

 consent of the owner or owners thereof first had and 

 obtained. 



SEC. 2. The provisions of this act shall extend to 

 all the counties of the State: Provided, That the 

 county court of any county may, upon the petition of 

 one hundred voters of the county, direct to have the 

 same enforced in their said county or any district or 

 districts thereof. 



SEC. 3. Any person violating this act shall be 

 deemed guilty of a misdemeanor, and upon conviction 

 thereof shall be fined not more than fifty dollars, and 

 be confined in the county jail not exceeding two 

 months. 



SEC. 4. This act shall be in force from and after 

 the passage thereof. 



While a law of this kind does not prevent a man 

 from exterminating ginseng on his own land, it may 

 be assumed that, where the crop is valued, every 

 individual will be prudent enough to husband his own 

 resources. A wanton destruction is most likely to 

 take place on land which is practically public, where 

 no one is sure of anything but what he seizes at once. 

 Nevertheless, in a State having large areas of moun- 

 tainous and thinly settled territory landowners in 

 many cases either could not or would not care to secure 

 the enforcement of the law ; at any rate, would do no 

 more than secure payment for the right of digging, 

 and some further provision would be required. A 



*Acts of West Virginia, nth session (1872-73) , Chapter 158. 



