64 



The Florists' Review 



VSBJtVAKX 11, 1916. 



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f Pacific Coast Department I 



WASHINGTON INSPECTION LAW. 



Upheld by State Supreme Court. 



The law enacted by the Washingtou 

 legislature in 1909, providing for the 

 inspection of trees, nursery stock, 

 plants, etc., and for the disinfection or 

 destruction of those found to be in- 

 fected with contagious diseases, is not 

 unconstitutional, according to a de- 

 cision handed down by the Supreme 

 court of that state the other day in 

 the case of Carstens vs. De Sellem, 144 

 Pacific Reporter 934. 



The suit was brought against de- 

 fendants, officials of the state agricul- 

 tural department, to recover damages 

 for the destruction of certain peach 

 trees belonging to plaintiffs, which 

 were destroyed by defendants after 

 plaintiffs refused to comply with a no- 

 tice requiring them to destroy the trees, 

 if they could not be disinfected, it 

 having been found that they were in- 

 fected with fire-blight, which had been 

 declared by the assistant commissioner 

 of agriculture to be a disease danger- 

 ous to the horticultural interests of the 

 state. The trial court dismissed the 

 suit, holding that defendants acted 

 within the line of their official duties, 

 and the Supreme court affirmed this 

 judgment on plaintiffs' taking an ap- 

 peal therefrom. 



Plaintiffs claimed that the law was 

 unconstitutional, on the ground that 

 there was no provision for the review 

 of the decisions of an inspector that 

 certain trees are infected, and that the 

 statutory provision for five days' no- 

 tice to owners to disinfect or destroy 

 Infected stock is unreasonably short. 

 In overruling both of these claims, the 

 Supreme court said: 



Provision for Appeal. 



"The answer to the first objection 

 is found in section 9 of the act. It 

 provides that any person aggrieved by 

 any order or act of any assistant or 

 inspector in the department of agricul- 

 ture may appeal from such findings, or- 

 der or act to the commissioner, who 

 sha,ll forthwith proceed to hear and de- 

 termine such appeal, render his decision 

 thereon, and report the same to the 

 appellant and to such assistant or in- 

 spector." It is, also, pointed out that 

 the law expressly preserves the right of 

 appeal from the commissioner's de- 

 cision. 



The third principal objection made to 

 the law was that it vested legislative 

 power in the commissioner of horticul- 

 ture. The section of the law thus at- 

 tacked reads as follows: 



"The diseases of and pests injurious 

 to nursery stock, fruit trees, shade 

 trees, ornamental shrubbery and horti- 

 cultural plants to be guarded against 

 and treated and disinfected for • • ♦ 

 shall include any and all such dis- 

 eases or pests as the state commissioner 

 of horticulture shall specify and de- 

 scribe in the bulletins to be issued by 

 him, as injurious to the fruit and horti- 

 cultural interests of the state." 



Commissioner's Power Not Legislative. 

 In deciding that this section does not 



Thanking jou for the •zcellent 

 results we have had to date from 

 our ad. in The Reyiew. — 



HOLLYWOOD GARDENS, 

 P^r V. A. 

 Jan. 12, 1»15. HoUywood, Wash. 



involve any improper delegation of the 

 legislature's powers to the commis- 

 sioner, the Supreme court said: 



"It is true that the statute does 

 not specifically enumerate the diseases 

 or pests to be eradicated. It simply 

 provides that, if the disease or pest ex- 

 ists and cannot be cured by disinfec- 

 tion, the owner shall promptly destroy 

 the trees. It authorizes the commis- 

 sioner to promulgate rules and regula- 

 tions for eradicating diseases and pests, 

 to the end that their spread may be 

 prevented. In this respect the state 

 is exercising its sovereign power, com- 

 monly called its police power. * • • 

 We think the law does no more than 

 to delegate a power to the commissioner 

 to determine some fact or state of 

 things upon which the law becomes 

 operative. It is impracticable, if not 

 impossible, for the law-making power 

 to foreknow and specifically enumerate 

 all contagious diseases and pests that 

 may arise affecting the horticultural in- 

 terests of the state. To meet the neces- 

 sities caused by new diseases as they 

 may occur, and prevent their spread, 

 matters purely administrative may be 

 left to administrative officers. If this 

 were not so, the lives and property of 

 the people might frequently be placed 

 in jeopardy by the occurrence of some 



new contagion which the lawmaking 

 branch of the government had not fore- 

 seen. " S. 



SEATTLE, WASH. 



The Market. 



Business was fairly good last week, 

 and, with the advent of brighter weath- 

 er, there is promise of its continued 

 improvement. There has been a good 

 demand for cut flowers; though no 

 actual shortage of any variety has oc- 

 curred, there has been a general clean- 

 up almost every day. Carnations are 

 none too plentiful, but the market for 

 them is brisk and the prices are being 

 maintained better than sometimes hap- 

 pens at this season. There are not 

 many roses coming to hand, but the 

 quality is better and the demand is 

 good. Paper Whites are getting scarce, 

 but lots of Golden Spur are coming in 

 and are meeting with good sales. Tu- 

 lips and other bulbous stock are selling 

 well. In pot plants there is a good 

 variety, but the sale of these has not 

 been any too rapid. 



Various Notes. 



Joseph Stuber has sold his interest 

 in the East Seattle Floral Co. to Ches- 

 ter Burnett, who will manage the busi- 

 ness in the future. Mr. Stuber is de- 

 voting his energies to other lines, where 

 he expects to find more lucrative, if 

 not more interesting, employment. 



Eobert Simmons is now principal as- 

 sistant in the store of the Paris Florist. 

 He is well known in the trade here and 

 should prove an acquisition at his new 

 post. 



ROOTED CARNATION CUTTINGS 



IMMSDIATE DELTVERT 



Per 100 1000 



White Enchantress $2.25 $20.00 



Light Pink Enchantress 2.26 20.00 



Rose-pink Enchantress 2.25 20.00 



Dorothy Gordon 2.25 20.00 



Washington 2.25 20.00 



Mrs. C. W. Ward 2.26 20.00 



Gorgeous 6.00 50.00 



PerlOO 



Beacon, red 12.25 



Victory, red 2.26 



Comfort, red 2.25 



St. Nicholas, red 2.26 



Benora, variegated 2.26 



Eldorado, yellow 226 



iroo 



$20.00 



20 00 



20.00 



2aoo 



20.00 

 20.00 



Gorgeous, 2*4 -inch pots, $7.00 per 100; all other varieties, $3.00 per lOO. 



BASSETT'S FLORAL GARDENS 



B. 8. BAS8ETT, Prop. LOOMIS, CALIFORNIA 



Mention The ReTlew when you write. 



S. MURATA & CO. 



WHOLESALE FLORISTS AND SUPPLIES 



LOS ANGELES, CAL. 



Mention Tbe Rerlew wb«n ytra wrtte. 



L. A. FLORAL CO. 



MAKES A SPECIALTY OF LONG 

 DISTANCE SHIPPING 



112 Winston St., Los Angeles, Cal. 



Mention The Reyiew when you write. 



