145 



themselves and represent it and stay with it, and to go with the Commis- 

 sioner, and it is of the greatest importance to put up their money from 

 their pockets, for we can't get good work done without it is paid for. There 

 will be no great expense, for the contest made over this class of laws in the 

 liquor ordinance was closely contested, and enables us to know that the 

 laws are good. So much for the mode. I am not prepared to say as to 

 whether there will be a conflict between these ordinances and the present 

 existing laws. I believe there will be, and it may become necessary to 

 take some action to know whether they are to be repealed or not. 



Mr. Wilcox: I was one of the committee to visit our Board of Super- 

 visors in regard to this matter, and finally after consulting with what we 

 regarded the best authority in the State, Judges Belden and Spencer, our 

 Superior Judges of Santa Clara County, against whose decision the Supreme 

 Court has seldom held, they gave us under that application $500 — one 

 hundred dollars a month for a Commissioner, at the same time it was 

 decided by them that there were laws in the State to allow a general tax. 

 So far as that is concerned, the question was settled with us, and we have 

 an appropriation of the Supervisors annually for five or six months. So far 

 as our county is concerned, our impression is that the appropriation should 

 be doubled for carrying on this department. I agree with Judge Stabler 

 that we should have laws beforehand so that when we go to the Legisla- 

 ture they will have time to act upon it. While I am on the floor let me 

 say something in regard to the instructions of the San Jose Grange. They 

 believe that trees and vines should be taxed as part of the property. They 

 believe so for this reason: the Assessor goes around and taxes trees accord- 

 ing to the number, and he might just as well tax your orchard by the num- 

 ber of acres, for if the Assessor does his duty he examines the property and 

 gives his judgment on it as to what it is worth. If this meeting should 

 indorse their resolution on this proposition and have it go before the Legis- 

 lature, it would please a large number of voters in my section of the 

 country. 



Hon. W. H. Aiken: This is a very important question, and I am glad to 

 hear Mr. Stabler so fully upon the subject. I have not of late examined the 

 law, though I have previously done so, and my impression is with Judge 

 Stabler that the law referred to should be repealed. It is an absolute dead 

 letter in this State, and it is not well to have laws on the statute books 

 that are not enforced. The constitutional provision referred to, and the 

 authority of the Board of Supervisors to make laws and ordinances, has 

 been held entirely sufficient, and it rests now with the fruit-growing coun- 

 ties whether they shall exercise their constitutional rights and be properly 

 allowed to enforce in their several counties the destruction of the fruit 

 pests. And it may be necessary to repeal the machinery of this law that 

 has been referred to that has not been in force. All of the counties of this 

 State are not interested in this fruit pest question, and they will not pass 

 ordinances relating thereto, but counties that are largely interested in fruit 

 growing certainly will, if the fruit growers interest themselves in it, and 

 secure from the Board of Supervisors such legislation as they desire, and 

 further than that, see that such legislation is put in practical operation 

 and enforced. The State of California can very well double, if she choose, 

 the appropriation allowed this Board, and should do so; that comes from 

 the State at large; the rest ought to come from the fruit counties involved, 

 and good work could be done by doubling the appropriation in those 

 localities; and the resolution to that effect to have it properly presented 

 to the Legislature, to repeal this law and double the appropriation, will 

 open the wav so that the counties and individual fruit growers in this 

 10 h 



