32 LAWS AGAT^s^ST IXJTEIOUS IXSECTS. 



which the commissioner of agriculture shall be chairman, which board shall hare 

 full power to enact such rules and regulations governing the inspection, certi- 

 fication, sale, transportation, and introduction of trees, shirubs. cuttings, buds, 

 Tines, bulbs, and roots that they may deem necessary to prevent the further 

 introduction, increase, and dissemination of insect jyests and plant diseases. • 



Sec. 2. That the State entomologist appointed by the commissioner of agri- 

 culture, under the provisions of the act cited above, approved December '21, 

 1897, shall act as an inspector under the provisions of this act, and it shall be 

 the duty of the said board to promulgate rules and regulations in accordance 

 with this act for the governmerrt of the said entomologist in the duties devolving 

 uix)n him in the execution of the provisions of this act. 



Sec 3. That the salary of the said entomologist shall not exceed one thousand 

 and five hundred dollars per aimum, and that said salary shall be paid out of 

 the funds in the agricultural department arising from the inspection of oils. 

 In addition to the above appropriation, the sum of three thousand and five hun- 

 dred dollars per annum is hereby appropriated out of the funds in the agricul- 

 tural department arising from the inspection of oils, for the purpose of defray- 

 ing the expenses of the execution of this act, the equipment of a laboratory, the 

 traveling and other incidental expenses of the entomologist, and the issuing of 

 reports and other publications. The board may also employ such assistants to 

 the entomologist as may be deemed necessary. 



Sec -1. The entomologist shall have i>ower under the regulations of the board 

 of control to visit any section of the State where such pests are supposed to 

 exist, and shall determine whether any infested trees or plants are worthy of 

 remedial treatment or shall be destroyed. And he shall immediately report his 

 findings in writing, giving reasons therefor, to the owner of the infested planta- 

 tion, his agents or tenants, and a copy of each report shall also be submitted to 

 the said board. In case of objection to the findings of the inspector, an appeal 

 shall be made to the said board, who shall have the power to summon witnesses 

 and hear testimony on oath, and whose decision shall be final. An appeal must 

 be taken within three days and shall act as a stay of proceedings until it is heard 

 and decided- 



Sec 5. Upon the findings of the inspector in any case of infested trees or 

 plants, the treatment prescribed by him shall be executed at once (^ unless an 

 appeal is taken), under his supervision : cost of material and labor shall be borne 

 by the owner: Provided, hoicever. That in case the trees or plants shall be con- 

 demned, they shall be destroyed by the inspector, and the expense of such action 

 shall be borne by the owner. No compensation shall be allowed for any plants 

 that shall be destroyed. 



Sec 6. In case any person or persons refuse to execute the directions of the 

 inspector or of the said board after an appeal, the county judge or ordinary 

 shall, upon complaint filed by the inspector or any freeholder, cite the person or 

 persons to appear before him within three days' notice after being served, and 

 that the said judge or ordinary may hear and determine all these cases in vaca- 

 tion ; and. upon satisfactory evidence, shall cause the prescribed treatment to be 

 executed, and the expense thereof and costs of court shall be collected from the 

 owner or owners of infested plants. 



Sec. 7. It shall be unlawful to offer for sale, sell, give away or transport 

 plants, scions, buds, trees, shrubs, vines or other plants, tubers, roots, cuttings, 

 bulbs, known to be infested with dangerously injurious insects or plant diseases. 

 Any person or persons violating this section shall upon conviction thereof be 

 guilty of a misdemeanor. 



