15 
commissioner of agriculture; and if their decision be against the objector, they shall 
. place the order of the commissioner of agriculture in reference thereto in the hands 
of the sheriff or his deputy, who shall immediately proceed to execute the same and 
collect all costs of said trial, including one dollar each for the arbitrators, from the 
objector; but if their decision shall be in favor of the objector, then all costs, 
imeluding the sum of one dollar each for the arbitrators, to be paid by the 
county in which said cause was tried. Said board shall have power to subpoena 
and require the presence of such witnesses as may be needed in any investigation 
pending before them, in the same manner as justices of the peace may do. 
Src. 9. That any person or persons refusing or failing to obey the order of the 
commissioner of agriculture in reference to destroying, removal, or disinfection of 
premises or property in their possession, infected or diseased as aforesaid, and who 
shall fail to notify said commissioner, as heretofore provided, or shall refuse to appoint 
an arbitrator or arbitrate said cause, as provided in this act, or shall hinder or pre- 
vent the sheriff or his deputy from executing said order, or shall prevent the ento- 
mologist from entering upon premises or inspecting property suspected or known to 
be diseased or infected, shall be guilty of a misdemeanor, and upon conviction shall 
be punished, as prescribed in section 1039, volume 3, of the Code of 1895. 
Sec. 10. That the sum of twenty-five hundred dollars ($2,500), or so much thereof 
as may be necessary, shall become, and is hereby, made a charge against the annual 
appropriation of ten thousand dollars, which latter was made for the purpose of 
carrying out the designs for which the department of agriculture was instituted; 
and the said twenty-five hundred dollars shall be used by the commissioner of agri- 
culture to pay an annual salary, not to exceed fifteen hundred dollars ($1,500) per 
apnum, to an entomologist, and to pay the actual and necessary expenses of said 
special horticultural and pomological department, not to exceed the sum of one 
thousand dollars. . 
Sec. 11. That all laws and parts of laws in conflict with this act be, and the same 
are hereby, repealed. 
Approved December 21, 1897. 
IDAHO. 
S. B. No. 79.—RELATING TO HORTICULTURE. 
Aw Acr to create and define the duties of State board of horticultural inspection, appropriate money 
for the expense thereof, and to prevent the gift, sale, distribution, transportation, or planting of 
infested trees, plants. cuttings, grafts, scions, buds, or other horticultural material; and to provide 
for disinfection or destruction of the same, and prescribing penalties for failure to comply with the 
provisions of this act. 
Be it enacted by the legislature of the State of Idaho: 
SECTION 1. There is hereby created the State board of horticultural inspection, 
which board shall consist of five members, as follows: The professors of botany and 
zoology of the University of Idaho shall be ex-officio members of said board and the 
other three members shall be appointed by the governor of the State as soon as may 
be after the passage of this act, and shall hold their offices for the term of three 
years or until their successors are appointed and qualified, and in making said 
appointments the governor shall consider the recommendations of the ‘*State Hor- 
ticultural Society” as the proper persons to be appointed: Provided, That of the 
three members of said board first appointed after the passage of this act, one shall 
hold his office for one year, one for two years, and one for three from the date of his 
appointment. 
Src. 2. Before entering on the duties of his office, each member of said board 
shall take and subscribe the official oath prescribed for State officers, which oath 
shall be filed in the office of the secretary of state, 
