124 
THE NATIONAL NURSERYMAN. 
MICHIGAN LAW. 
Stringent Measure Regarding Shipment of 
Nursery Stock—License Fee Required 
—Professor Hedrick Inspector of 
Nurseries and Orchards. 
Professor U. P. Hedrick, Agricultural College, Mich., has 
been appointed State Inspector of Nurseries and Orchards, to 
inspect under the provisions of the new Michigan scale law, 
which is as follows : 
AN ACT. 
To prevent the introduction or spread of San Jose scale or other in¬ 
jurious insects or infectious diseases of trees, vines, shrubs or plants 
grown in this state or imported from other states, provinces or 
countries: 
Section 1. The people of the State of Michigan enact, that it shall 
be the duty of the state board of agriculture, immediately upon the 
taking effect of this act, to appoint some competent person who shall 
be known as state inspector of nurseries and orchards, who shall hold 
office during the pleasure of said board, whose duty it shall he to in¬ 
spect any and all nurseries in the State of Michigan as to whether they 
are infected by San Jose scale or other injurious or contagious dis¬ 
eases, and if upon such inspection he find no such dangerous insects 
or diseases, he shall upon payment of per diem fee hereinafter pro¬ 
vided, give to the owner of such nurseries a certificate to that effect, 
and shall file a duplicate certificate with the state board of agriculture ; 
and in case he shall find present in any such nursery any of said dan¬ 
gerous insects or diseases, he shall notify the owner thereof in writing, 
and shall direct him within five days to use such means as will exter 
minate such dangerous diseases or insects, and the owner of such nur¬ 
sery shall not ship nor deliver any such trees, vines, shrubs or plants 
affected by such dangerous insects or diseases until he shall have se¬ 
cured from said inspector a certificate as aforesaid. 
Sec. 2. The owner of such nursery, trees, vines, shrubs or plants 
shall, within the time specified in such notice, take such steps for the 
destruction of such insects or diseases as will exterminate the same, 
and he shall not ship nor deliver any such trees, vines, shrubs or plants 
affected with such dangerous diseases or insects under the penalty of 
a fine of one dollar for every tree, vine, plant or shrub so affected, 
when shipped or delivered from such nursery, which fine shall be col¬ 
lected by suit by the prosecuting attorney of the county in which such 
nursery is located. 
Sec. 3. Whenever it shall happen that the state inspector of nur 
series and orchards shall give the notice heretofore required to the 
owner of the nursery, for the destruction of the insects or diseases 
mentioned, and said owner shall fail or neglect to take the 
measures necessary for the destruction thereof, within the time men¬ 
tioned in the notice given him, it shall he the duty of the state inspec¬ 
tor of nurseries and orchards to have the proper remedies applied to 
such nursery for the destruction of such diseases or insects, and shall 
employ all necessary assistance and may enter the premises of said 
owner of such nursery for the purpose of treating and exterminating 
such insects or diseases and the said owner of such nursery shall be 
liable for the costs of such proceeding, for the services of the inspec¬ 
tor at a rate per diem to he fixed by the state board of agriculture, not 
to exceed three dollars per day, and for such number of days as said 
board shall determine, which said charge must be paid before the de¬ 
livery of the certificate in section one of this act. 
Sec. 4. Whenever any trees, shrubs, plants or vines are shipped 
into this state from another state, county or province, every package 
thereof shall be plainly labeled on the outside with the name of the 
consignor, the name of the consignee, the contents, and a certificate 
showing that the contents have been inspected by a state or govern¬ 
ment officer, and that the trees, vines, shrubs or plants therein con¬ 
tained appear free from all injurious insects or diseases. Whenever 
any trees, shrubs, vines or plants are shipped into this state without 
such certificate plainly fixed on the outside of the package, box or car 
containing the same, the fact must be reported within twenty-four 
hours to the state board of agriculture by the railway, express or 
steamboat company, or other person or persons carrying the same ; and 
any agent of any railway, steamboat or express company, or any other 
person or persons who shall violate the provisions of this section shall 
be deemed guilty of a misdemeanor and upon conviction thereof shall 
be fined in any sum not less than twenty-five nor more then one hun¬ 
dred dollars, or imprisoned in the county jail not less than five nor 
more than thirty days, or may he so fined and imprisoned in the dis¬ 
cretion of the court, and any such fine shall he paid to the state board 
of agriculture. 
Sec. 5. Any person or persons growing or offering for sale in this 
state any trees, vines, shrubs or plants, commonly known as nursery 
stock, shall, on or before the first day of August of each year, apply 
to the state board of agriculture, for inspection of said stock under the 
provisions of this act and a license for its sale, and shall deposit with 
said board a fee of five dollars as a license fee for himself as principal, 
and one dollar as a license fee for each and every one of the local or 
traveling agents or employes there engaged in selling such stock or 
soliciting orders for the same, and a similar license shall be obtained 
for each and every similar agent or employe subsequently engaged. 
Such license shall be good for one year and shall not be transferable, 
and each of such persons, principals, shall execute to the state board 
of agriculture a bond^ in the sum of one thousand dollars, with two 
good and sufficient sureties of this state, satisfactory to said board, 
conditioned that he will comply with all the provisions of this act. 
and that upon demand he will file with the state board of agriculture, 
a list of persons to whom he has sold or delivered any such nursery 
stock giving the species together with the postoffice address of each 
purchaser. Failure on the part of any nurseryman, grower, agent or 
dealer to comply with the provisions of this section shall render him 
or them liable to the penalties of a fine of not more than one hundred 
nor less than twenty-five dollars, or imprisoned in the county jail for 
not more than ninety nor less than thirty days or both such fine or im¬ 
prisonment in the discretion of the court for each and every such sale. 
Such information shall be preserved and be for the sole use of the nur¬ 
sery and orchard inspector and his deputies : Provided, That the pro¬ 
visions of the preceding sections shall not apply to persons engaged 
in fruit [growing, who are not nurserymen, who desire to sell or ex¬ 
change surplus trees or plants of their own growing, 
MUST OBTAIN LICENSE. 
Sec. 6. No person, firm or corporation resident of another state, 
province or country shall engage or continue in the business of import¬ 
ing any trees, plants, shrubs or vines, commonly known as nursery 
stock, into this state, or of selling such importations within the state, 
or of selling such articles within the state, for subsequent importa¬ 
tion into it, without first having obtained from the state board of agri¬ 
culture a license to do business in this state as provided in section five 
of this act, and shall have filed with the state board of agriculture the 
bond therein required, together with a certificate of inspection by a 
state or government inspector or that of some person designated by 
the Michigan state board of agriculture for such purpose. 
Sec. 7. The state board of agriculture shall, upon receipt of the 
fee referred to in this act, together with the required bond and a satis¬ 
factory certificate of inspection, issue licenses to the applicant accord¬ 
ing to the provisions of this act. 
Sec. 8. Whenever the commissioners under acts number one 
hundred and eight and one hundred and nine, session laws of eighteen 
hundred and ninety-five, known as yellows commissioners, shall be 
uncertain as to the existence or nature of any infectious or contagious 
disease or dangerous insect pest in an orchard or elsewhere, or in case 
any dispute shall arise between owners and commissioners, it shall be 
the duty of said commissioners to notify the state inspector of orchards 
and nurseries, who shall at once investigate or inquire into the matter 
and suggest or recommend the proper remedies, and give all the infor¬ 
mation he can to aid in exterminating such insects or disease, and his 
decision of the case and recommendation shall be final. 
Sec. 9. It shall be the duty.of the state inspector, whenever it shall 
come to his knowledge that any destructive insects or infectious or con 
tagious diseases exist in any orchard in this state, or are supposed to 
exist, to investigate the case, and if such dangerous insects or diseases 
are found, he shall have authority to enter upon the premises and pro¬ 
ceed according to the provisions of section one, two and three of this 
