74 THE SAN JOSE SCALE. 
shall employ all necessary assistance ; and such agents or his employees may enter 
upon any or all premises within the town or city for the purpose of the speedy exter- 
mination of the scale. Such agent shall be entitled to compensation for his services 
under this act at the rate of five dollars for each full day spent by him in the dis- 
charge of his duties and the necessary disbursements paid or incurred by him therein, 
Sec. 4. The sum of five thousand dollars, or so much thereof as may be necessary, 
is hereby appropriated out of the State treasury to carry out the provisions of this act. 
Sec. 5. This act shall take effect immediately. 
THE SALE OF INFESTED FRUIT. 
The main omission in the proposed New York law quoted above is 
that there is no provision regarding the sale or the exposure for sale of 
fruit bearing the San Jose scale. One of the most important regula- 
tions of the California State board of horticulture is their rule 6, adopted 
August 15, 1894, although a practically similar provision had been 
previously in operation. This rule reads: "Fruit of any kind, grown 
in any foreign country, or in the United States or Territories, found 
infested with any insect or insects, or with any fungi, blight, or other 
disease or diseases injurious to fruit or to fruit trees, or to other trees 
or plants, is hereby prohibited from being offered for sale, gift, or dis- 
tribution within the State. " We have already shown that the San Jose 
scale may be spread through the scattering of fruit parings at certain 
seasons of the year, and any legislation which is drafted with this insect 
in view should contain some such rule as the one just quoted. 
The finding, by Dr. Smith, of California pears in Brooklyn containing 
adult scales and living young was followed by other discoveries of the 
same character in Philadelphia and New York, and one of us has 
already called attention to the peculiar condition of affairs which ren- 
ders a California fruit dealer liable to fine if he offers for sale in his own 
town a crate of pears bearing this scale insect, but which makes no 
provision for a penalty if he has boxed up his crate and shipped it to 
some Eastern city. (See Insect Life, Yol. VII, p. 335.) We are not 
certain that the scale has established itself in any locality in the East 
as the result of this shipment of California fruit, but such an establish- 
ment is at all times possible. We have corresponded with the president 
of the California State board of horticulture with reference to this 
matter, and have his assurance that an effort will be made to alter the 
California regulations so as to prevent this everyday evil. 
BIBLIOGRAPHY OF THE SAN JOSE SCALE. 
[Chronologically arranged.] 
Comstock, J. H— Report Coinmr. Agriculture, 1880, pp. 304-305, PI. XII., fig. 7. 
Original description of Aspidiotus perniciosus. 
Cooke, Matthew. — Treatise on insects injurious to fruit and fruit trees, 1881, pp. 
33-34. 
Description of San Jose scale. 
ChApin, S. F.— (Letter in) Report Commr. Agriculture, 1882, pp. 207-208. 
Concentrated lye remedy for San Jose scale. 
