144 LAWS AGAINST INJURIOUS INSECTS. 
ceiving such stock shall, before selling, using, or disposing of same, fumigate 
such stock in accordance with the rules of said commissioner, with hydrocyanic 
gas, or procure a certificate from said commissioner that he has examined such 
stock and found the same to be apparently free from San Jose scale and other 
insect pests, and from all dangerously infectious diseases; and any one violat- 
ing the provisions cf this section shall be punished by a fine of not less than 
twenty-five dollars nor more than two hundred dollars. The words “ nursery 
stock ” wherever used in this article shall apply to and include all trees, shrubs, 
plants, or buds grown for nursery, basket, or other commercial purposes, or 
cuttings, whether grown in a nursery or elsewhere, so far as it relates to fumi- 
gation. The provisions of this and the preceding sections shall not apply to 
florists, greenhouse plants, flowers, or cuttings commonly known as greenhouse 
stock. 
Sec. 4. Should any trees, shrubs, plants, or other nursery stock be shipped 
into this State under the certificate required in section 2 of this act without 
being first fumigated as required therein, or without having been inspected as 
required in section 2, or should it be made to appear that any such certificate 
is false, and that the nursery stock to which it relates is not free from insect 
pests or dangerous contagious diseases, such certificate shall be disregarded, 
and such trees, shrubs, plants, or nursery stock shall be held to have been shipped | 
without such certificate as far as their sale, use, or disposition 1s concerned, 
and said commissioner shall when deemed necessary cause any trees, shrubs, 
plants, or other nursery stock shipped into this State from without the State 
to be examined, and where necessary have such trees fumigated or destroyed ; 
and when it comes to the knowledge of said commissioner that any person, 
firm, or corporation is shipping into this State, or is about to ship any trees, 
plants, shrubs, or other nursery stock under a false certificate, such commis- 
sioner shall forbid such shipment and give warning to the public of same. 
Sec. 5. The commissioner of agriculture, insurance, statistics, and history 
shall make such rules and regulations as may be deemed proper for carrying 
into effect this act, not inconsistent with same, and for the inspection of nur- 
series, and may call into service the State entomologist when not otherwise en- 
gaged, and also such other person or persons as may be necessary, and he shall 
fix and collect any reasonable fees for inspecting nurseries, to be paid by the 
rerson or persons for whom such inspection is made. 
Src. 6. If said commissioner or any of his agents or employes give a false 
certificate, or a certificate without an actual examination of the nursery stock 
tor which such certificate is given, to any owner, proprietor, or lessee of any 
nursery, or to any other person for use under the provisions of this chapter, he. 
shall be deemed guilty of a misdemeanor, and on conviction shall be punished 
by a fine of not less than five hundred dollars nor more than one thousand dol- 
lars for each offense. 
Sec. 7. That the sum of one thousand dollars or so much thereof as may be 
necessary is hereby appropriated out of any funds in the State treasury not 
otherwise appropriated to carry out the provisions of this act. 
Sec. 8. The fact that there is no law in this State to prevent the introduction, 
dissemination, and spread of San Jose scale and other dangerous insect pests 
and contagious dangerous diseases, and that the fruit industry, one of the most 
important in this State, is seriously menaced and threatened with irreparable 
loss and injury, creates an emergency, and an imperative public necessity re- 
cuiring the constitutional rule requiring bills to be read on three several days 
be suspended, and is hereby suspended, and that this act take effect and be in 
force from and after its passage, and it is so enacted. 
In effect now. 
