46 
THE NATIONAL NURSERYMAN. 
STATE LEGISLATION. 
Laws Have Been Passed in Eleven States Governing Scale on 
Nursery Stock—New Measures in Iowa, Maryland and New 
Jersey—Four Bills are Still Pending. 
Up to 1898 nine states, California, Georgia, Kentucky, 
Maryland, Michigan, North Carolina, Pennsylvania, Virginia 
and Washington, had laws regulating the transportation of 
nursery stock with respect to San Jose scale. 
This year Iowa and New Jersey have passed scale laws and 
Maryland has passed a new law. Thus there are now eleven 
states having scale laws. 
Scale-bills were pending in New York, Kentucky, Delaware 
and Ohio at the time of going to press. 
NEW JERSEY LAW. 
The New Jersey scale bill became a law on March 24. It 
provides that the executive committee of the state board of 
agriculture shall appoint three commissioners in each county 
who upon information shall notify owners of trees or plants 
infested with injurious insects to disinfect or destroy such 
stock. If the order is not obeyed within five days’ time the 
commissioners shall notify the state entomologist who shall 
direct the method of procedure to rid the stock of the pest. 
The order of the state entomologist shall be executed by the 
commissioners in the county in which the pest is discovered. 
If the owner of the stock regards the order as unjust he may 
appeal to the director of the state experiment station and the 
president of the state board of agriculture ; and the state ento¬ 
mologist shall stay proceedings until the appeal committee de¬ 
cides the case. 
A penalty of $25 and costs is provided in case the order of 
the entomologist is not obeyed. Any nurseryman of New 
Jersey may require an examination of his stock provided he 
pays the expenses therefor ; certificates shall be issued in case 
stock is found free from pests or disease. Improper use of 
such certificate is punishable by a fine of $100. 
All nursery stock shipped into New Jersey must bear a simi¬ 
lar certificate from authorized persons, stating that the stock 
has been inspected not more than six months from date of 
shipment. Any stock shipped into the state without such cer¬ 
tificate may be seized and if found infested with scale or other 
pest it may be destroyed or shipped back to the sender. 
Florist’s stock is exempted from the provisions of the act. 
IOWA SCALE LAW. 
The bill drafted by nurserymen and horticulturists of Iowa 
will become a law in that state on July 4, 1898, but in a form 
somewhat changed from that in which it was presented. As 
the bill came out of the legislative mill it provides that the 
state entomologist or his assistants, between June 1 and Sep¬ 
tember 15, when requested by the owner, or when he has 
reasonable grounds to believe the scale exists, shall carefully 
examine any nursery, fruit farm or other place where trees or 
plants are grown for sale, and if such trees and plants are 
found apparently free from scale he shall issue his certificate 
to that effect and shall collect therefor a fee of not less than 
$5 nor more than $15, according to the amount of stock in¬ 
spected. It shall be unlawful to sell or offer for transporta¬ 
tion outside the county where such nursery stock is grown, any 
nursery stock unless accompanied by a copy of this certificate. 
The state entomologist or his assistants may establish 
quarantine regulations in any nursery or orchard where the 
scale is found. He may direct the treatment or destruction of 
infested trees. If this work is not done at ten days’ notice, 
the entomologist may do it and charge the cost to the owner 
of the trees, the cost to become a tax on the property. 
No nursery stock may be shipped into Iowa without a certi¬ 
ficate of inspection by the state entomologist of the state from 
which the shipment was made, showing the stock to be free 
from scale. Should scale be found in such stock the Iowa 
entomologist may proceed as before. 
Persons violating this act shall be adjudged guilty of a mis¬ 
demeanor and upon conviction shall be fined not less than $10 
nor more than $100 and costs for each offense. Such amounts 
shall be added to the fund for this act. The state entomologist 
shall be paid all traveling expenses and $5 per day by the 
state. The sum of $r,ooo is appropriated to carry out the 
provisions of the act. 
NEW MARYLAND LAW. 
On April 2, 1896, was approved an act passed by the Gen¬ 
eral Assembly of Maryland providing for the examination of 
nursery stock as to insects and diseases with particular ref¬ 
erence to the San Jose scale. That act and the one in Vir¬ 
ginia approved March 5, 1896, started the state legislation 
against the San Jose scale in the East. 
Now a new Maryland law has been passed. It was approved 
April 9, 1898. A copy has been sent us by State Entomologist 
W. G. Johnson. It comprises sections 51 to 65 inclusive of 
the trees and nursery stock sub-title of the inspection title of 
article 48 of the code of public general laws of the State of 
Maryland. 
The law makes it the duty of the state entomologist, state 
pathologist and state horticulturist to seek out and suppress all 
pernicious insect pests and contagious diseases dangerous to 
the plants and trees of the state. To do this they may have 
power to enter upon any premises for inspecting, treating or 
destroying infested stock, or stock in dangerous proximity to 
infested stock. If upon ten days’ notice the owner of infested 
stock does not treat or destroy it, the officers named may do 
so and charge the expense to the owner. Inspections shall be 
made annually at least of all horticultural interests and at least 
every six months of all nurseries. If found free from insects 
or diseases certificates shall be issued. Nurserymen must pay 
the cost of treating or destroying stock. All stock sent out 
from Maryland nurseries must bear the proper certificate. 
Penalty for violation is a fine of from $10 to $100. 
All trees and plants known as nursery stock, subject to 
attacks of the aforesaid insects or diseases shall be fumigated 
by the nurserymen, with hydrocyanic acid gas in buildings ap¬ 
proved by the state officers and under their direction. It is 
stated that this section was added by Maryland nurserymen 
themselves. 
When any nursery stock is shipped into Maryland, every 
carload, bale, box or package shall be plainly labeled on the 
outside with the names of the consignor and the consignee, 
and a certificate showing that the contents have been inspected 
by a qualified state or government officer and are apparently 
free from injurious insects or disease. Otherwise the state 
officials upon notification may summon consignee or consignor 
to show cause before a justice of the peace why such stock 
shall not be seized as being in violation of this law ; and the 
