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a county board of horticultural commissioners, and that it may he lawfully done 

 alter the expiration of the twenty days given them in the act for deliberation. 



Counsel referred to some authorities from other States in support of his contention. 

 I do not think these authorities go to the extent claimed by him, and if they did, 

 there being no such decision by our own supreme court, I would hold the law in this 

 State to be different. The purpose of the legislature was to give the supervisors 

 time to make judicious selections and not to justify or authorize an annulment of 

 the legislative will expressed by the statute. 



OREGON. 



The following is the law creating the board, as amended by the six- 

 teenth legislative assembly : 



An act to create a State board of horticulture and appropriate money therefor. 



Be it enacted by the legislative assembly of the State of Oregon: 



Section 1. That there is hereby created a State board of horticulture, to consist 

 of six members, who shall be appointed by a board consisting of the governor, the 

 secretary of state, and State treasurer. One member of said board of horticulture 

 shall represent the State at large, and one member shall be appointed to represent 

 each of the live districts hereby created, to wit: 



First. The first district, which shall comprise the counties of Multnomah, Clack- 

 amas. Yamhill, Washington. Columbia, Clatsop, and Tillamook. 



Second. The second district, which shall comprise the counties of Marion, Polk, 

 Benton, Linn, and Lane. 



Third. The third district, which shall comprise the counties of Douglas, Jackson, 

 Klamath, Josephine, Coos, Curry, and Lake. 



Fourth. The fourth district, which shall comprise the counties of Wasco, Morrow, 

 Gilliam, and Crook. 



Fifth. The fifth district, which shall comprise the counties of Umatilla, Union, 

 Baker, Wallowa. Malheur, and Grant. 



Sec. 2. The members shall reside in the districts for which they are appointed. 

 They shall be selected with reference to their study of and practical experience in 

 horticulture and the industries dependent thereon. They shall hold office for a term 

 of four years and until their successors are appointed and qualified : Provided, however, 

 that three of the board first appointed, to be determined by lot, shall retire at the 

 expiration of two years. All vacancies in the board shall be filled by appointment 

 of the governor, and shall be for the unexpired term. 



Sec. 3. The board is authorized to employ a secretary, prescribe his duties, and 

 shall elect from their number a treasurer, who shall give a bond to the governor 

 of the State of Oregon in the sum of $10,000 for the faithful performance of his 

 duties. The secretary and treasurer shall hold their appointments at the pleasure 

 of the board. Before entering upon the discharge of his duties, each member of the 

 board shall take and subscribe an oath to support the Constitution of the United 

 States and of the State of Oregon, and to faithfully discharge the duties of his 

 office, which said oath shall be filed with the secretary. 



Sec. 4. The board may receive, manage, use, and hold donations and bequests of 

 money and property for promoting the objects of its formation. It shall meet on the 

 second Monday of April and October of each year, and as much oftener as it may 

 deem expedient, for consultation and for the adoption of those measures that will 

 best promote the horticultural industries of the State. It may, but without expense 

 to the State, select and appoint competent and qualified persons to lecture in each 

 of the districts named in section 1 of this act, for the purpose of encouraging and 

 improving practical horticulture, and of imparting instructions in the best methods 

 of treating the diseases of fruits and fruit trees, cleansing orchards, and extermi- 

 nating orchard pests. 



