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THE NATIONAL NURSERYMAN. 
STATE BILLS PENDING. 
Legislative Measures Under Consideration in Maryland, Delaware, 
Iowa, New Jersey, Ohio and Kentucky—The General 
Provisions are the Same in all the States — Summaries, 
A bill guarding against the introduction of the San Jose 
scale was introduced in the Iowa legislature last month. 
The most important gathering of its kind ever held in Mary¬ 
land was that of nurserymen, horticulturists and entomologists 
in Baltimore, January 27-28 to discuss measures to control 
the San Jose scale. Charles G. Briggs of Washington county, 
presided. Professor William G. Johnson, state entomologist, 
one of the most active in the county, gave very practical points 
regarding the extent to which the scale has developed in the 
state. 
A permanent organization to be known as the Maryland 
State Horticultural Society was formed with these officers: 
President, Charles G. Briggs, Sharpsburg ; vice-president, 
Captain R. S. Emory, Kent county ; secretary and treasurer, 
James Harris, Kent county. J. W. Kerr and Orlando Harri¬ 
son are county vice-presidents. 
A committee consisting of R. S. Emory, Samuel B. Loose, 
Howard Davis, Samuel Vanort and Professor W. G. Johnson 
drafted a bill which has been introduced in the Maryland 
general assembly and which is thought to be sufficiently com¬ 
prehensive to eradicate the San Jose scale and other orchard 
pests from the state. In addition to providing for the estab¬ 
lishment of a state horticultural department, the bill arranges 
for the creation of the offices of state entomologist, pathologist, 
and horticulturist, and that the professors holding those posi¬ 
tion at the Maryland Agricultural College and Experiment 
Station shall be the state officers. It provides that the duty 
of the state entomologist and pathologist shall be to seek out 
and suppress all pernicious insect pests and contagious dis¬ 
eases destructive to the horticultural and agricultural interests 
of the state. 
The bill empowers the state officers to enter upon any prop¬ 
erty in the state for the purpose of inspecting and destroying 
the insects and diseases that endanger plant life. The cost of 
the destruction of plants and the extermination of the pests 
shall be assessed against the person on whose property they 
shall be found. 
The duties of the state officers will be to visit every county 
at least once a year for the purpose of inspecting the horti¬ 
cultural interests and their healthfulness. In addition the state 
officers are required to visit the nurseries of the state every 
six months, and if they are found to be free from disease to 
give the owners certificates of inspection. If disease or insects 
are found they shall cause whatever plant life tfyey think 
necessary to be destroyed. Should any nurseryman ship any 
plants or trees without having a certificate of the state officer 
attached, he shall be deemed guilty of a misdemeanor and be 
fined not less than $10 or more than $100. 
Nursery stock shipped into the state without certificate is 
liable to seizure and destruction if found infested. 
The bill further provides for the appropriation of $6,000. 
NE IV JERSEY. 
The New Jersey legislature is considering a bill to prevent 
the spread of injurious insects in that state. This bill pro¬ 
vides that all trees and plants shipped into the state must be 
certified to be free from all injurious insects, and all nursery¬ 
men and fruit growers must, likewise, keep their stock free. 
The state entomologist is to have charge of inspection and 
testing. The executive committee of the State Board of 
Agriculture is to appoint a commission of three persons in 
each county who are to have power to condemn trees or plants, 
or to direct that they shall be cleaned. If the judgment of the 
county commissioners is not acceptable, the state entomologist 
will decide. Appeal from his decision may be taken before a 
committee, consisting of the director of the Experiment Station 
and the president of the State Board of Agriculture. Where 
they agree, their decision shall be final ; where they disagree, 
the decision of the state entomologist will stand. No pro¬ 
vision is made thus far for compensating any person whose 
trees or plants are destroyed. When first introduced, this bill 
included peach yellows among the subjects to be investigated, 
but that part of the bill has been dropped, as it was not thought 
possible to legislate successfully against the yellows. The bill 
is aimed chiefly against the San Jose scale. 
OHIO. 
A committee of the Agricultural Society with Hon. N. H. 
Albaugh as chairman, has prepared a bill which has been pre¬ 
sented to the Ohio legislature, providing that the secretary of 
the Ohio Agricultural Society, the president of the Ohio Hoiti- 
cultural Society and the director of the Ohio Agricultural 
Experiment Station shall constitute an Ohio State San Jose 
Scale Commission whose duty it shall be, through its assistants 
and employees, among whom shall be a competent entomologist 
to inspect all nurseries and orchards and disinfect or destroy 
trees or plants. All nursery stock grown in the state must be 
inspected on or before September 1st of each year and all nur¬ 
sery stock shipped within, out of or into the state must be 
accompanied by a proper certificate of inspection. For each 
such state certificate issued to a nurseryman v ithin the state 
$10 shall be paid, to be used to defray the expenses of the 
commission. 
KENTUCKY. 
Regarding the present San Jose scale law in Kentucky, J. 
M. Samuels, Clinton, Ky., says, “It is a dead letter. Since its 
passage, nursery stock has been shipped indiscriminately into 
the state. Officers whose duty it was to enforce the law re¬ 
fused to do so, w. en cases of infringement were reported to 
them. I think it is unconstitutional as it discriminates be¬ 
tween nurserymen of this and those of other states. 
“ I have recently gotten our representative in the Kentucky 
legislature to introduce an act copied somewhat after the Vir¬ 
ginia law, with an added penalty for bringing into the state 
from an orchard not inspected by a state entomologist. This 
act if passed will be as stringent on home as on foreign nur¬ 
series. I inserted a clause making it a fine of not less than 
$100 and forfeiture of office, for any officer to refuse to prose¬ 
cute any violation of the law that should be reported to him. 
“The state entomologist, after examining all the nurseries of' 
the state last summer, reported that he found no trace of the 
San Jose scale.” 
DEL A WARE. 
There is before the Delaware legislature a bill providing that 
three commissioners of agriculture shall upon knowledge of 
existence of San Jose scale in the state notify owners to dis¬ 
infect or destroy the trees or plants. Failure to do so will sub- 
