116 



The Florists^ Review 



Dkcbmbeb 22, 1021 



the recently passed law requiring all 

 nurserymen without the state of Cali- 

 fornia to pay a $10 license and give 

 bond to the aniount of $1,000 before 

 shipping nursery stock into that state. 

 In it he declared that the California 

 horticultural authorities would make no 

 attempt to force compliance. In other 

 words, the law is to become a dead 

 letter. 



To inform nurserymen and florists 

 throughout the country further in re- 

 gard to the matter. Max J. Crow, secre- 

 tary of the executive committee of the 

 California Nurserymen, lias forwarded 

 to The Eeview a copy of the opinion of 

 the attorney-general of California, upon 

 which the horticultural authorities of 

 the state base their action, or rather, 

 non-action. It reads as follows: 



Section 2319J of tLe rolitical Code provides 

 that any mirserjmnn, jol)ber, etc., doing busi- 

 ness witlioiit tlie state of California wlio desires 

 to sliip nursery stock, trees, etc., into tliis state 

 for planting or propagation purposes from any 

 otiier state shall first make application to the 

 director of agriculture for a permit to so do, 

 filing with the application a statement of the 

 location of the nur.sery or place of business 

 owned or operated by him and an official cer- 

 tiUcate of inspection of such premises, signed by 

 the state inspector of the state In which said 

 premises are located. It is further provided in 

 the section that such permits shall be issued by 

 the director of agriculture nix)n payment of a 

 fee of $10 whenever, in his Judgment, the same 

 may be issued without endangering Ihe horticul- 

 tural interests of the state. The section contains 

 a proviso that tiefore such permit is finally is- 

 sued the nurseryman, jobber, etc., making ap- 

 plication shall file an official bond to the state 

 of California in the sum of $1,000 conditioneil 

 ui)on the faithful performance of his obligations, 

 anil that any aggrieved party may sue on said 

 lK)n<I. It is also provided in the section that 

 the permit shall bear a special number and all 

 shipnu'nts tliercafter made by such nurseryman, 

 Jobber, etc., into tliis state must contain this 

 number afilxed to the package of nursery stock, 

 trees, etc.. shipped by him. 



It will be noted that the section contains no 

 penalty for a violation of its provisions, but 

 the section is in chapter IVa, iind section 2319k 

 in the same chapter provides that any person vio- 

 lating any of Ihe provisions of that chapter or 

 willfully refusing to <()mply with any order law- 

 full.v made under and pursuant thereto shall be 

 guilty of misdemeanor. 



It is evident that serious questions of juris- 

 diction might arise, for tlu^ act of violation 

 would be llie shipping of the horticultural prod- 

 ucts into this state from without the state, and 

 this would occur upon the entry of the shipment 

 into this state. The one responsible therefor be- 

 ing outside of the state at tiu? time the prohib- 

 ited act is done, it is doubtful whether the juris- 

 diction could lie acipiired over such person, and 

 unless jurisdiction can be inquired the penal 

 lirovisions of section L'SlOk are inoperative as to 

 the provisions of section L'319J. 



It is also to be noted that one of tlie condi- 

 tions to obtaining a permit is the filing of an 

 otiicial <ertificate of inspection of the premises 

 outside Ihe state by the state inspector of the 

 state in which the premises are located. It is, of 

 course, possible that there may be no slate in- 

 spector in such state and in that event this con- 

 dition could not, of course, be complied with. 



It is also to be noted that while a bond in the 

 sum of $1,000 is reciuired, conditioned upon the 

 faithful performance of the obligations of the 

 obligor, no statement is made in the section as to 

 what thi'se obligations are. and although tlie sec- 

 tion iirovides that any aggrieved i)arty may sue on 

 said liiind. there is no statement in the section as 

 to the manner or nature of the injur.v which 

 might iK" suffered by a person claiming to be ag- 

 grieved. 



It is permissible for a state by a proper law 

 to provide for the Inspection of articles brought 

 witliin its borders from other states, but such 

 provisions as a st.'ite may in that respect enact 

 must not go further than are necessary to the 

 proper operation of such inspection laws. They 

 must be such as would teml to i)rotect the state 

 against the intrcKluction into the state of prod- 

 ucts or things which would or might injure the 

 state or the interests of the state. Under such 

 laws the effort should he to prevent the intro- 

 duction of matter or things either injurious of 

 themselves or which by reason of their place of 

 growth or production and exposure thereat to 

 other injurious matter would or might tend to 

 injure Ihe interests of this stale when introduced 

 herein. Such laws should not be permitted to so 

 operate as to prevent the introduction into this 

 state of things not in themselves injurious or 

 wliich have not been subjected to contamination 

 either in the manner or place of production. 



The section in question appears on its face 

 to attempt the interposition of a condition upon 

 Importers of nursery stock and trees unattended 

 by nnd unrelated to the condition of the nursery 

 stock or trees actually imported. It will be noted 

 that the section contains no provisions as to the 

 manner of treatment by the horticultural officers 

 of this state of such nursery stock and tree? «o 



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