IOWA. 51 



amine the same without delay and advise the proper remedies for the destruc- 

 tion of such insect or fungus enemies that may be present. In case the owner 

 or owners or persons in control of said affected trees, shrubs, vines, or other 

 plants do not apply the proper remedies recommended by the said State entomolo- 

 gist within a certain specified time, said owner or owners or persons in control 

 of, shall be liable to a fine of not more than twenty-five dollars ($25) nor less 

 than ten dollars ($10) and costs, in the judgment of the court, for every such 

 offense, the fine to be recoverable in the same manner as that provided for in 

 section 5 of this act : Provided, That in case of an objection to the findings of 

 the State entomologist an appeal may be taken to the circuit court of the proper 

 countj', whose decision shall be final ; said appeal must be taken within three 

 days and shall operate as a stay of proceedings until it is heard and decided. 



Sec. 9.' Every package of trees, shrubs, vines, plants, or other nursery stock 

 shipped into this State from another State shall be plainly labeled on the out- 

 side with the name of the consignor, the name of the consignee, and a certifi- 

 cate bearing the current year's date, signed by a State or Government inspector, 

 showing that the contents have been examined by him and that, to the best of 

 his knowledge and belief, such stock is free from San Jose scale or other de- 

 structive insect or fungus enemies. 



Sec. 10. Whenever any trees, shrubs, vines, or other plants are shipped into 

 this State without such certificate plainly fixed on the outside of the package, 

 box, or car containing the same, the fact must be reported within twenty-four 

 hours to the State entomologist by the agent of the railway, express, or steam- 

 boat company or other person or persons carrying or receiving the same, and 

 any agent of any railway, express, or steamboat company or mail carrier, or 

 any other person or persons who shall violate the provisions of this section shall 

 be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined 

 in any sum not less than twenty-five ($25) nor more than one hundred dollars 

 ($100) and costs, or imprisonment in the county jail not less than five (5) nor 

 more than thirty (30) days, or maj^ be so fined and imprisoned in the discretion 

 of the court, and any such fines collected under the provisions of this act shall be 

 paid over to the State treasurer. On notification of the receipt of such uncertified 

 package or packages of trees, shrubs, vines, or other plants, the State entomologist 

 shall examine or cause to be examined said package or packages at the expense 

 of the express, railway, steamboat companies or other person or persons carry- 

 ing the same, and if found to be free from all injurious insects and plant dis- 

 eases, he may allow them to pass to their destination ; otherwise he shall cause 

 the same to be burned and destroyed. But in no case shall the agent of the rail- 

 way or other transportation company allow said package or packages to pass out 

 of his possession under penalty until the same has been duly inspected by the 

 State entomologist or his agent. 



Sec. 11. [Refers to the appropriation for carrying the laws into effect] 



IOWA. 



An Act to prohibit the bringing into the State of any nursery stock infested with the 

 San Jose scale ; to provide for the punishment thereof, and to prevent the spread of 

 the scale within the State. [Additional to Title XII of the Code, pertaining to the 

 police of the State.] 



Be it enacted hij the general assemhly of the State of lotva: 

 Section 1. State entomologist — Assistants — Fees. The entomologist of the 

 State experiment station is hereby constituted the State entomologist and 

 charged with the execution of this act. He may appoint such qualified assistants 



