SUPPRESSION OF INSECT PESTS AND PLANT DISEASES. 29 



^Ir. Alwood. We do not intend that any man should be favored 

 because lie owns two farms. 



Mr. Taylor. The question is if trees are uninfested, not infested. 



The Chairman. Mr. Taylor's question is a good one and ought to be 

 considered by the committee. 



Mr. Alwood. How can we make exceptions to regulations? We 

 can not cover this in a bill. 



Mr. Taylor. I wish to be clear on one point before the matter 

 passes. Is it the understanding of the committee that a private indi- 

 vidual woukl be subject to penalty for carrying uninfested stock? 



Mr. Alwood. It is. 



Mr. Taylor. I am not a lawyer, but this is unj)recedented in Federal 

 legislation. The State could refuse to admit stock inspected by the 

 Federal authorities, but this, in my opinion, is a distinct encroachment 

 upon rights and opens an entirely new line of legislation. 



IMr. Alwood. The United States laws would not uphold such a law. 

 We are not lawyers, but the distinct declaration of the bill is that it 

 deals solely with interstate commerce. 



Section 7 was then adopted without amendment. 



Section 8 was read and adopted without amendment. 



The preamble was read and adopted Avithout amendment. 



The bill was then adopted as a whole and read as follows: 



Bill Relating to Interstate and International Legislation a(;ainst Insect 



AND Fungous Pests. 



AX ACT to iirovide for the inspection and treatment of trees, plants, buds, cuttings, grafts, scions, 

 nursery stock, and fruit imported into the United States, and for the inspection and treatment of 

 trees, plants, buds, cuttings, grafts, scions, and nursery stock grown within the United States which 

 becomes a subject of interstate commerce. 



Be it enacted by the Senate and House of Kepresentatives of the United States of America 

 in Congress assembled : 



Section 1. That the Secretary of Agriculture be, and is hereby, authorized, at the 

 expense of the owner or owners, to place and retain in quarantine all trees, plants, 

 buds, cuttings, grafts, scions, nursery stock, and fruit imported into the United States 

 at such ports as he may designate for such purposes and under such conditions as 

 he may, by regulation, prescribe, and that he may appoint inspectors for the purpose 

 of examining such trees, plants, buds, cuttings, grafts, scions, nursery stock, and 

 fruit for the purpose of ascertaining whether they are affected by any dangerously 

 injurious insect or disease, the importation of which will be prejudicial to the horti- 

 cultural interests of the United States, and provide for the treatment of such when 

 found necessary. 



Sec. 2. That when such trees, plants, buds, cuttings, grafts, scions, nursery stock, 

 and fruit shall be determined to l)e infested with any dangerously injurious insect 

 or disease they shall be treated at the expense of the owner or owners in accordance 

 with the regulations of the Secretary of Agriculture, or they shall be destroyed in 

 case their condition is such as to warrant such destruction ; Imt an appeal may be 

 taken from the decision of the inspector to the Secretary of Agiiculturo if such 

 appeal be taken within three days after such inspection, and the decision of the 

 Secretary of Agriculture shall be tiual. 



