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THE NATIONAL NURSERYMAN. 
PHYTOPATHOLOGICAL LAWS. 
The United States Department of Agriculture, division of 
vegetable physiology and pathology, has compiled the phyto- 
pathological laws of the United States and Canada under the 
direction of Erwin F. Smith. This is the information that was 
asked for at the last meeting of the American Association of 
Nurserymen. From the bulletin just issued containing this 
information it is learned that legislation in this country for the 
restriction of the communicable diseases of plants is scarcely 
more than 20 years old. It began in Michigan with the peach 
yellows law of 1875. Most of the states still have no laws 
whatever bearing on this subject and in the others the laws, 
with few exceptions, are directed only against special diseases, 
such as yellows or black knot. 
The twelve states which have laws of some sort for the 
prevention of the spread of plant diseases are as follows : 
Californ a, a general law ; Connecticut, peach yellows ; Dela¬ 
ware, peach yellows ; Kentucky, black knot of plum and 
cherry; Maryland, peach yellows; Michigan, peach yellows 
and black knot of plum and cherry; New Jersey, for a cran¬ 
berry disease and of general application under special condi¬ 
tions ; New York, peach yellows and black knot ; Oregon, a 
general law ; Pennsylvania, peach yellows ; Virginia, peach 
yellows ; Washington, a general law. It is expected that other 
states will adopt similar laws. 
NEW YORK LAWS. 
Sec. 82. No person shall knowingly or wilfully keep any 
peach, almond, apricot, or nectarine tree affected with a con¬ 
tagious disease known as yellows, or offer for sale or shipment, 
or sell or ship to others any of the fruit thereof. Nor shall any 
person knowingly or wilfully keep any plum, cherry, or other 
trees infected with the contagious disease or fungus known as 
black knot. Every such tree and the fruit of a tree infected 
with yellows shall be a public nuisance, and no damages shall 
be awarded for entering upon premises and destroying such 
trees and fruit if infected with yellows or for cutting away the 
diseased part of any tree infected with black knot, or altogether 
destroying such tree if necessary to suppress such disease, if 
done in accordance with the provisions of this article. Every 
person when he becomes aware of the existence of such disease 
in any tree or fruit owned by him shall forthwith destroy or 
cause such tree or fruit to be destroyed or the infected part 
to be cut away. 
Sec. 83. When the commissioner of agriculture knows and 
has reason to believe that any such contagious disease exists, 
or that there is good reason to believe it exists, or danger is 
justly apprehended of its introduction in any town or city in 
the state, he shall forthwith appoint a competent freeholder of 
such town or city as his agent, who shall hold office during his 
pleasure and who shall, within ten days after his appointment, 
file an acceptance of the appointment, with the constitutional 
oath of office, in the office of the town clerk of the town. Such 
agent shall on or without complaint, whenever it comes to his 
notice that either of the diseases known as yellows or black 
knot exists or is supposed to exist within the limits of the town 
or city, proceed without delay to examine the trees or fruit 
supposed to be infected, and if the disease is found to exist a 
distinguishing mark shall be placed upon the diseased trees. 
If the disease is black knot such distinguishing mark shall be 
placed on some affected part of the tree, or if in the judgment 
of such agent any such trees should be entirely destroyed, then 
the trunk of such tree should be thoroughly girdled, and there¬ 
upon the owner notified personally, or by a written notice 
signed by such agent and left at his usual place of residence, 
or if a non-resident by leaving the notice with the person in 
charge of the trees or fruit, or in whose possession they may 
be Such notice shall contain a statement of all the facts 
found to exist, with an order to effectually remove and destroy 
by fire or otherwise the trees or parts of trees so marked and 
designated within ten days, Sundays excepted, from the day of 
the service of the notice. In case of fruit so infected the 
notice shall require the person in whose possession or control 
it is found to immediately destroy the same or cause it to be 
done. 
Seg. 84. If any person shall refuse or neglect to comply 
with the order of such agent to remove and destroy trees or 
parts of trees so marked by him, such agent shall cause such 
trees or parts of trees to be removed and destroyed forthwith, 
employing all necessary assistance for that purpose ; and such 
agent or his employees may enter upon any and all premises 
within the town or city for the purpose of such removal and 
destruction. Such agent shall be entitled to compensation for 
his services under this and the preceding sections at a rate of 
two dollars for each full day spent by him in the discharge of 
his duties, and the necessary disbursements paid or incurred 
by him, which, with the expense of removal and destruction of 
any such trees or fruit, shall be a town charge. 
CONNECTICUT LAWS. 
Sec. i. The state board of agriculture shall, within thirty 
days from the passage of this act, appoint a commissioner on 
peach yellows, to hold office during the pleasure of said board. 
Said commissioner may, with the approval of said board and 
under the provisions of this act, adopt and carry out such 
plans as may be deemed necessary for the eradication of the 
disease common to peach trees known as peach yellows. 
Sec. 2. At all joint meetings of said board and said com¬ 
missioner for the purpose of conference the commissioner shall 
receive pay from the board for his expenses only. Said com¬ 
missioner may, with the approval of said board, appoint one or 
more deputies in each county ; and when employed in the per¬ 
formance of such duties imposed by this act said commissioner 
and his deputies shall receive from the state, upon presenta¬ 
tion to the comptroller of bills duly sworn to, audited by the 
auditing committee of the board of agriculture, and approved 
by the governor, five dollars per day and their expenses. 
Sec. 3. Any peach, almond, apricot, or nectarine tree 
diseased by the yellows, and all fruit from any such diseased 
tree, is hereby declared a public nuisance, and it shall be the 
duty of said commissioner or any deputy, under such regula¬ 
tions as the state board of agriculture may adopt or approve 
of, to order such trees or such fruit destroyed, and upon the 
failure of the owner to obey such order, to destroy such trees 
or fruit, and no damage shall be paid to such owner on account 
of such destruction. 
Sec. 4. Any person may, when ordered to destroy any tree 
or fruit condemned by the said commissioner or deputy, 
appeal to the state board of agriculture, and said board shall 
appoint a committee of three experts, which committee shall 
not include the person who, acting as commissioner or deputy, 
ordered such tree or fruit destroyed, and the decision of such 
committee shall be final. 
