34 
under the provisions of this act; and it shall be the duty of said board to promul- 
gate rules and regulations in accordance with this act for the government of said 
inspector in the duties devolving upon him in the execution of the provisions of this 
act; and the said board may further appoint assistants as may be necessary for the 
purpose of aiding the inspector in the enforcement of this act. 
Src. 3. The inspector shall have power under the regulations of said board to 
determine whether any infested plants are worthy of remedial treatment or shall be 
destroyed; and he shall report his findings in writing, giving reasons therefor, to the _ 
owner of the infested plants, his agent, or tenants, and a copy of such report shall 
also be submitted to said board. In case of objection to the findings of the inspector 
an appeal shall be to the said board, 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. 
Src. 4. Upon the findings of the inspector in any case of infested plants the treat- 
ment prescribed by him shall be executed at once (unless an appeal be taken) 
under his supervision, cost of material and labor to be borne by the owner, except 
when the county supervisors or town or city corporations shall have provided for 
the expense of the same, as authorized in section eight of this act. 
Sec. 5. In case any person or persons fail or refuse to execute the directions of the 
inspector or of the said board after an appeal, the county judge shall, upon com- 
plaint filed by the inspector or any freeholder, cite the person or persons to appear 
before him at the first regular session of the county court, and upon satisfactory 
evidence of such failure or refusal shall cause the prescribed treatment or destruc- 
tion to be executed, and the expense thereof and costs of court shall be collected by 
execution from the owner or owners of the infested plants. 
Sec. 6. It shall be unlawful to offer for sale, sell, give away, or transport within 
the bounds of this State plants, scions, trees, shrubs, or vines infested with the San 
Jose scale. Any person or persons violating this section shall, upon conviction 
thereof, be fined not less than fifty dollars nor more than one hundred dollars. This 
section shall not be construed as affecting the action of common carriers in the trans- 
portation in the article above mentioned in interstate commerce. 
Src. 7. The said board of control of the agricultural experiment station, its agents, 
or employees are hereby empowered with authority to enter upon any premises and 
examine all plants whatsoever in discharge of the duties herein prescribed. Any 
person or persons who shall obstruct or hinder them or their agents in the discharge 
of their duties shall be deemed guilty of a misdemeanor, and upon conviction thereof 
shall be fined not less than twenty dollars nor more than fifty dollars. 
Sec. 8. The board of supervisors of any county and the town council or city coun- 
cil of any incorporated town or city of this State are hereby authorized, upon the 
petition of ten freeholders, to appropriate from the county, town, or city treasury 
such funds as may be necessary for use in the said county, town, or city for the treat- 
ment and eradication of the above-cited insect pest: Provided, That it shall be dis- 
tinctly stated in any such appropriation the specific objects for which the same is to 
be expended, and that such treatment shall be done in accordance with the directions 
and under the authority of the inspector hereinbefore provided for. 
Sec. 9. There is hereby appropriated, from any moneys in the State treasury not 
otherwise appropriated, the sum of one thousand dollars per annum for the purpose 
of defraying the expenses of the execution of this act, and the auditor of the Com- 
monwealth is hereby directed to draw his warrant upon the treasurer of the same 
for this sum or such parts thereof as may be necessary until the said sum of one 
thousand dollars per annum be expended, upon the filing with him of properly item- 
ized vouchers certified by the chairman of said board. The said board snall make a ~ 
biennial report to the governor of the State, giving in detail its operations and 
expenditures under this act. 
2. This act shall be in force from its passage. 
WASHINGTON. 
CHAPTER CIX.—SgEssion Laws, 1897. 
Aw Act to promote and protect the fruit-growing and horticultural interests of the State of Wash- — 
ington, to provide for the appointment of a commissioner of horticulture, to repeal certain laws in 
conflict therewith. 
Be it enacted by the legislature of the State of Washington: 
SECTION 1. A commissioner of horticulture shall be appointed by the governor. 
It is hereby provided, prior to appointment, the applicant must furnish a certificate 
from the faculty of the college of agriculture that he is a skilled horticulturist; on 
