AN ACT TO CREATE A STATE COMMISSION OF HORTICULTURE. 



[Approved March 25, 1903 ] 

 The People of the State of California, represented in Senate and Assembly, do enact as follows: 



Section 1. The office of State Commissioner of Horticulture of California is hereby 

 created. It shall be the duty of the Governor, within forty days after the passage of 

 this Act, to appoint a citizen and resident of this State to hold said office of State Com- 

 missioner of Horticulture, who must at the date of his appointment be a skilled horti- 

 culturist and entomologist. The term of office shall be for four years, and until a 

 successor is appointed and qualified. The Governor may remove such Commissioner 

 from office at any time, upon filing with the Secretary of State a certificate of removal 

 signed by the Governor. In case of a vacancy in said office by death, resignation, 

 removal from office, or other cause, the Governor shall fill the vacancy for the unexpired 

 term. The salary of said Commissioner shall be two hundred and fifty dollars per 

 month, and he shall be allowed in addition a sum not to exceed five hundred dollars 

 yearly for traveling and incidental expenses necessary in the discharge of his duties 

 herein provided for. Such Commissioner' may appoint a clerk at a salary of one thou- 

 sand five hundred dollars per year, who shall perform the duties required of him by 

 such Commissioner. In appointing such Commissioner and his successor or successors, 

 it shall be the duty of the Governor to disregard political affiliations, and be guided in 

 his selection entirely by the professional and moral qualifications of the person so 

 selected for the performance of the duties of said office. The office of said Commissioner 

 shall be kept open every day except holidays, and shall be in charge of the clerk during 

 the absence of such Commissioner. The main office of such Commissioner shall be at 

 the City of Sacramento. The Secretary of State shall furnish and set aside in the 

 capitol a room or rooms suitable for offices for said Commissioner, and if the Secretary 

 of State shall make and file an affidavit with the said Commissioner stating that it is 

 not possible for him, as such Secretary of State, to provide and set aside an office for 

 said Commissioner in the capitol, or in any State building under his control, because 

 there is no such office room or rooms available, then, and after the making and delivery of 

 such affidavit to such Commissioner, the said Commissioner may rent rooms convenient 

 and suitable for his offices under this Act, at a rental not to exceed five hundred dollars 

 per year. Said Commissioner may also keep and maintain an office in the City and 

 County of San Francisco at a yearly rental not to exceed the sum of five hundred 

 dollars, and may appoint a Deputy Commissioner who shall be an expert entomologist 

 and horticulturist, to have charge of said office under said Commissioner, and to per- 

 form any and all duties which said Commissioner may require of him under this Act, 

 and shall fix the monthly compensation of such deputy at $200 per month. Such 

 deputy shall hold his position during the pleasure of such Commissioner, and may be 

 removed from his office or position at any time by said Commissioner filing with the 

 Secretary of State a certificate signed by said Commissioner so removing such deputy. 

 Said Commissioner may also appoint, by and with the approval of the Governor, such 

 temporary deputies from time to time as may be required for quarantine purposes 

 under this Act, and such temporary deputies shall receive such compensation per diem 

 as may be specified in the writing so approving such appointment. If there be not 

 sufficient furniture and office appliances turned over to such Commissioner by the State 

 Board of Horticulture heretofore existing, to furnish and equip properly the office or 

 offices for such Commissioner at Sacramento and San Francisco aforesaid, the said 

 Commissioner may, by and with the approval of the Governor, purchase for the use of 

 his said office or offices such furniture and appliances as may be necessary therefor, and 

 from time to time, at an expense not to exceed a sum to be mentioned in such approval, 



