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THE NATIONAL NURSERYMAN. 
VIRGINIA SCALE LAW. 
William B. Alwood, entomologist of the Virginia Agri¬ 
cultural Experiment Station at Blacksburg, recently issued 
a bulletin in which he says: 
Virginia has the unfortunate notoriety of being the 
state in which this insect was first discovered on the 
Atlantic seaboard. However, from present appearances, 
this state is not nearly so badly infested as several of our 
neighboring states. If this be true, it is a peculiarly for¬ 
tunate circumstance, and cannot be attributed to superior 
care or foresight on the part of our people. For it is now 
(March, 1896,) nearly three years since this scale was first 
located in this state, and until quite recently very little 
public interest in regard to the great damage threatening 
our fruit industry, from its possible spread, has been 
manifested. I cannot better express the serious nature 
of this pest than by quoting from Howard and Marlatt, 
that “ there is perhaps no insect capable of causing 
greater damage to fruit interests in the United States, or 
perhaps the world, than the San Jose or pernicious scale.” 
In March, 1894, this insect was discovered at Riverside, 
Md., a large peach orchard being seriously infested. From 
this time other localities were rapidly added to the list, 
until it was definitely known that Massachusetts, New 
York, New Jersey, Pennsylvania, Indiana, Delaware, Vir¬ 
ginia, Georgia, Alabama, Florida, Louisiana, Mississippi 
and Ohio were infested. 
This widespread infection in the middle and North 
Atlantic and inland states was practically traced to Parry 
and Lovett nurseries in New Jersery. The history of the 
introduction of the scale into these two nurseries is, that 
during 1886 or 1887 they brought from California a stock 
of Japanese plums, which weie then being introduced to 
America. These plants were undoubtedly infested, but 
the nature of the trouble and the probable consequences 
which would flow from it were unknown to the intro¬ 
ducers. It appears, however, that they were aware that 
the stock was unhealthy, and, after propagating it, had it 
destroyed 
It now appears that there are a number of infested 
nurseries in the Eastern United States. According to 
Howard and Marlatt, the following states have nurseries 
in which the scale is more or less prevalent, viz.: Massa¬ 
chusetts, New York, Indiana, Georgia, Florida, Alabama, 
Mississippi, Louisiana and possibly Missouri. 
So far as we are aware, the nurseries in Virginia are not 
infested. At present but two localities in this state are 
definitely known to be infested with the scale. These 
are the infested district at Charlottesville, the limits of 
which have not yet been determined, and an orchard near 
City Point, Va. This latter point of infection was first 
determined by me through specimens received in June, 
1894, from R. B. Batte, of City Point. 
The whole orchard contains about 18,000 trees, and 
some 2,000 were affected. We visited the orchard and 
found the infested area to be restricted to young stock 
recently received from New Jersey. Many of the trees 
were so seriously attacked that no treatment could possi¬ 
bly effect a restoration. We were unable to find that the 
scale had spread to the older plantations. 
Thus it appears that this scale has been present in the 
East for years; that several nurseries have been distribut¬ 
ing it upon stock for at least seven years ; that fourteen 
states are infested, and from the facts before us in all 
probability twelve nurseries in the states above mentioned 
are infested, and have been or may become centers of 
distribution of the insect. 
Following is the Virginia law regarding the San Jose 
scale: 
An act to eradicate the San Jose or pernicious scale, a disease affect¬ 
ing fruit trees, and to prevent its spread. 
Whereas the fruit industry in Virginia is threatened with serious and 
irreparable damage by a disease known as the San Jose or pernicious 
scale, now at present in some parts of the state ; therefore, 
1. Be it enacted by the General Assembly of Virginia, That the 
Board of Control of the State Agricultural Experiment Station be, and 
is hereby, empowered and directed to take immediate action to suppress 
and eradicate this insect. 
2. The said board is hereby authorized and required to designate a 
member of the scientific staff of the Agricultural Experiment Station 
to act as an inspector under the provisions of this act, and it shall be 
the duty of the said board to promulgate at once rules and regulations 
in accordance with this act for the government of the said inspector in 
the duties devolving upon him in the execution of the provisions of 
this act; and the said board may further employ temporarily an assist¬ 
ant by the day for the purpose of executing the orders of the inspector 
in regard to the treatment of the infested plants. 
3. The inspector shall have power under the regulations of the said 
board to determine whether any infested plants are worthy of any 
remedial treatment, or shall be destroyed ; and he shall immediately 
report his finding in writing, giving reasons therefor, to the owner of 
the infested plants, his agents or tenants, and a copy of each such 
report shall also be submitted to the said board. In case of objection 
to the findings of the inspector, an appeal shall be to the said board, 
whose decision shall be final ; an appeal must be taken within three 
days, and shall act as a stay of proceedings until it is heard and decided. 
4. Upon the findings of the inspector in any case of infested plants, 
the treatment prescribed by him shall be executed at once (unless an 
appeal is taken), under his supervision ; cost of material and labor shall 
be borne by the owner, provided, however, that in case the plants 
shall be condemned they shall be destroyed by the inspector, and the 
expense of such action shall be borne by the owner. 
5. In case any person or persons refuse to execute the direction of 
the inspector or of the said board after an appeal, the county judge 
shall, upon complaint filed by the inspector or any freeholder, cite the 
person or persons to appear before him at the first regular session of 
the county court, and upon satisfactory evidence shall cause the pre¬ 
scribed treatment to be executed, and the expense thereof and costs of 
court shall be collected by warrant from the owner or owners of the 
infested plants. 
6. It shall be unlawful to offer for sale, sell or transport plants, 
cions, trees, shrubs, or vines known to be infested with the San Jose • 
scale. Any person or persons violating this section shall, upon convic¬ 
tion thereof, be fined not less than fifty dollars nor more than one 
hundred dollars. 
7. The said Board of Control of the Agricultural Station, its agents 
or employees, are hereby empowered with authority to enter upon any 
premises and examine all plants whatsoever in discharge of these duties 
herein prescribed. Any person or persons who shall obstruct or hinder 
them or their agents in the discharge of these duties shall be fined not 
less than twenty nor more than fifty dollars. 
8. The said board shall make an annual report to the governor of 
the state, giving in detail its operations and expenditures under this act. 
9. This act shall be in force from its passage. 
Approved March 5th, 1896. 
