-3- 
that thorcaftcr r.ll such nursery stock r.nd oth r plc.nt products r.rc 
djfinit;ly excluded entirely rjid can not ba imported for cjiy purpose 
under r.ny conditions except by the Department for cxpc-rimontal or 
scientific nurpos-.s. In this cr.sG vve arc advised that it is not the 
Sccrc'-ary's doter:.iinations that oxcl\-id'3 the article sp- cifiod, that ho 
is authorized merely to detormino^^th.'t their exclusion is necessary 
rn^d to promulgate that determination end then the Act of Congress, the 
Flanb Quarantine Act, excludes them, ^-ihatevcr authority ther . ir in 
the PlcJit Quarantine Act, I am advised, touching regulations governing 
the importation of nursory stock, is fovmd in Section 1. A careful 
consideration of this section will shox that it authorizes the Secretary 
only "Uo prescribe conditions and regulations gov :rning the issupjicc of 
p:;rma.ts for the importation, cjid inasm.uch as it provides that the 
SeGr:.tary shall if sue thu permits for cny pcrticular importation of nursery 
stock when the importer shf-ll have complied with such conditions and 
regulations, it would S'^em to folio?/ thrt the "conditions end regulations" 
must operate on raid bc' connected Yri.th mott-rs rnd things bearing on such 
importation before tlie nursery stock is actually admitted. Apparently, 
the law docs not s^.ck to control or enforce any r<:- strict ions on nui^sory 
stock after its entry other than the provisions of Sections 2 and 14. v/hich 
relate only to their subsequent interstate movement. Therefore, any 
conditions attached to the issurjice of the permit to v;-hich the importer 
would cssent requiring him to do certain things in connection 'vvith the 
propagation of nursery stock subsequent to its entry, would make the 
trans.Tctioa one of contract, a breach of which v;ould not constitute a 
violation of the statute. Th.refore, the opinion is given thrt regula- 
tions made by the Secretary purporting to control nxxrsory stock subse- 
quent to its entry arc legr.lly unenforceable. 
On November 18, 1918, the Secretary of Agriculture promulgated the 
f'ollov/ing determination under Notice of Quarantine i\'o. 3?! 
"The fact has been determined by the Secretary of 
Agriculture, and notice is hereby given, thrt there exist 
in Europe, Asia, Africa, Moxico, Central rjid South America, 
road other foreign countries and localities certain injurious 
insects and fungous diseases ncv/ to and not heretofore widely 
distributed within and throughout the United Statec, which 
affect and are carried by nursery stock and other plants ccnd 
seeds, the v/ords •nursery stock end oth.-r plcjits and sor'ds,' 
including, VThcrover used in this notice and the rules and 
regulations supplemental hereto, field-grcvm florists' Gtock, 
trees, shrubs, vines, cuttings, grafts, scions, buds, fruit 
pits and otlirr seeds of fruit and ornamcntr.l trees or shrubs, 
also field, vegetable, end flower seeds, bedding plants, and 
other herbaceous plants, bulbs, and roots, end other plants 
cjid plant products, for, or capable, of propagation. 
"Now, therefore, I, D. F. Houston, Secretary of Agriculture, 
under the authority conferred by the Act of Congress approved 
August 20, 1912 (57 Stot. 31^,), do hereby declare that\t is 
necessary in order to prevent the further introduction into 
