11 



The Opinion of the Attorney-General on the Validity of the County 



HORTICULI URAL Law . 



0F1 U I "l CHE A I roRmnr-OENEEAL 



0* illi: BTA i). "I C.w.Il OEN1A, 



San Francisco, Septembers, 188.1. 

 Dear Sir: It is my opinion that the act of 1881, entitled ''An act to promote the 



horticultural interests of the state,'' is not repealed by tin- act of l vv :;. entitled "An 

 act to create a State board of horticulture," there being no conflict between the pro- 

 visions of said acts. There is no reason why the county boards of horticultural 

 commissioners should not exercise all their powers and discharge their duties under 

 said act of 1881, bo far as the same do not conflict or are not inconsistent with the 

 powers conferred upon the State board of horticulture by the act "f 1*£3. 

 Very respectfully, 



E. C. Marshall, Attorney-General. 

 S. F. Chapin, Esq., 



Inspector of Fruit Pests. 



Chapter ~'U. 



An act to amend sections eight, nine. ten. eleven, and twelve of an act entitled "An act to create and 

 establish a State board of horticulture, and appropriate money for the expense thereof." approved 

 March thirteenth, eighteen hundred and eighty-three. 



The people of the State of California, represented in senate and assembly, do enact as 



follows: 



Section 1. Section eight of said act is hereby amended to read as follows: 

 "Sec. 8. It shall be the duty of the secretary to attend all meetings of the board, 

 and to preserve records of its proceedings and correspondence; to collect books, 

 pamphlets, and periodicals, and other documents containing valuable information 

 relating to horticulture, and to preserve the same: to collect statistics and other 

 information showing the actual condition and progress of horticulture in the State 

 and elsewhere: to correspond with agricultural and horticultural societies, coll g g 

 and schools of agriculture and horticulture, and other persons and bodies, as he may 

 be directed by the board, and prepare, as required by the board, reports for publi- 

 c ition. He shall also act as assistant to and obey the directions of the inspector of 

 fruit pests in the exercise of the duties of his office, and shall be paid for his services 

 as such secretary and assistant a salary of one hundred and fifty dollars per mouth, 

 to be paid as other State officers." 



Sec. 2. Section nine of said act is hereby amended to read as follows: 

 '• Sec. 9. The inspector of fruit pests shall receive as compensation lor his sei \ ices 

 the sum of two hundred dollars per month, to be paid as other State officers, and his 

 actual traveling expenses shall be allowed, not to exceed one thousand dollars per 

 annum. The members of the board and secretary shall receive their actual travel- 

 ing expenses in attending semiannual meetings of the board." 



Si;< . 3. Section ten of said act is hereby amended to read a^ follows: 

 "Sec. 10. The board shall, biennially, in the month of January, report to the 

 Legislature a statement of its doings, with a copy ot* the treasurer's accounts for the 

 two years preceding the session thereof, and abstracts of the i sports ot' the inspector 



of fruit pests and secretary." 



SEC. I. Section eleven is hereby amended to read as follows: 



"Sec. 11. The treasurer shall receive all moneys belonging to the board, and pay 

 out the same only for lulls approved by the chairman of the finance committee, and 

 shall annually render a detailed account to the board." 



Sec. 5 (section il' . There is hereby appropriated tor the uses of the state board o\ 

 horticulture, as set forth in tins act. out ot' any moneys in tin- Mate treasury not 

 otherwise appropriated, the sum often thousand dollars tor the year commencing 

 April first, one thousand eight hundred and eighty-five, and ten thousand dollars tor 

 the year commencing April first, one thousand eight hundred ami eighty-six, and 



