54 PROCEEDINGS OF THIRTY-SIXTH FRUIT-GROWERS ' CONVENTION. 



weed pest into consideration, as it would be if it was purely a horti- 

 cultural count v. 



MR. HECKE. Yes. I believe it is. 



PRESIDENT JEFFREY. Then you certainly need a commissioner 

 there to give all his time to the work the same as in any other county. 



MR. HECKE. Let us suppose that there is only one candidate who 

 presents himself for examination. Will it be possible for the board of 

 supervisors to go outside and appoint some one else just because this 

 one man will not be able to give his entire time to the horticultural 

 commissionership ? Suppose he has not sufficient time at the critical 

 period to attend to it personally, but will have enough time to supervise 

 his deputy or the inspectors ; is it in the law that the horticultural com- 

 missioner will have to absolutely give every working day during the 

 year, and perhaps his Sundays, to this particular work? I mention 

 this because you referred to it in your address when you commenced. 



PRESIDENT JEFFREY. As you seem to be asking me a question. 

 I would like to ask you if the law requires the sheriff to work every day 

 of the year ? He is supposed to work every day in the year and transact 

 the business that he is responsible for. 



MR. HECKE. Yes. 



PRESIDENT JEFFREY. If that takes 365 days, he has got to work 

 that number of days. If it takes a hundred days he gets the same 

 salary. The intent of the horticultural law is that the commissioner 

 should work every day in the year when in his judgment it is necessary ; 

 and when you think there are fine orchards in the Sacramento Valley 

 abandoned to-day because of the Johnson grass, it is time we were 

 waking up to the horticultural commission question, exterminate all 

 that grass and all pests, and the law intends him to judge how many 

 days he should put in. and the supervisors should pay the bill. That 

 is my interpretation of the law and the interpretation of men who know 

 much more than I do. 



MR. HECKE. Of course, the executive ability of the horticultural 

 commissioners who would be able to look after the various interests 

 counts for a great deal. This question has simply come up because 

 there may be simply one candidate there who is ready to undertake that 

 examination. I thank you. 



MR. COSTELLO. Mr. Chairman, the gentleman asked a question, 

 whether after he took the examination it would require an expert. I 

 would like to answer the gentleman. 



MR. HECKE. That wasn't exactly the gist of my question. I was 

 just asking whether at a certain time, if he were not able personally to 

 attend to the duties, he could appoint a deputy to attend to certain 

 parts of the business, the same as when Mr. Jeffrey has to go somewhere 

 he requests Mr. Bremner to go for him. There is a question whether 

 a man should be appointed who can not give every day during the year 

 to this particular work. I fully agree with you that after a man passes 

 that examination he should be fully able to attend to this. 



MR. COSTELLO. I think the law states that where the applicants 

 take an examination, if they do not find anybody that is qualified, that 

 passes this examination, then it reverts to the board of supervisors to 

 appoint six bona fide fruit growers. Out of the six bona fide fruit 

 growers they appoint one commissioner. That is the bone and sinew 

 of the county. They trust that one commissioner, and he tries to 



