70 
THE NATIONAL NURSERYMAN 
PROPOSED NEW LAW FOR THE STATE OF OREGON 
THIRTY-FIRST LEGISLATIVE ASSEMBLY—REGULAR 
SESSION 
HOUSE RILL NO. 63 
Introduced by Mr. Marsh and read first time 
January 17, 1921 
A BILL 
For an act providing for the licensing of nurserymen and deal¬ 
ers in nursery stock and their agents, salesmen and solicitors. 
Be It Enacted by the People of the State of Oregon: 
Section 1. It shall be unlawful for any person, firm or cor¬ 
poration to engage in, conduct or carry on the business of selling, 
dealing in or importing into this state for sale or distribution, 
any nursery stock, or to act as agent, salesman or solicitor for 
any nurseryman or dealer in nursery stock, or to solicit orders 
for the sale of nursery stock, without first obtaining a license to 
do so from the state board of horticulture; and it shall be un¬ 
lawful for any person to falsely represent that he is the agent, 
salesman, solicitor or representative of any nurseryman or deal¬ 
er in nursery stock. No license shall be issued until the appli¬ 
cant therefor shall have paid the fee and furnished the bond as 
hereinafter provided. The license fee for a nurseryman, dealer 
or importer of nursery stock shall be five dollars ($5), and for 
any agent, salesman or solicitor, the license fee shall be one 
dollar ($1). All licenses shall be issued in the name of the per¬ 
son, firm or corporation licensed, and shall show the purpose 
for which issued, the name and location of the nursery or place 
of business of the nurseryman or dealer licensed, and the name 
and address of the agent, salesman or solicitor licensed, and the 
name and business address of the nurseryman or dealer repre¬ 
sented by such agent, salesman or solicitor. 
Section 2. All licenses shall bear the date of issue and shall 
expire on the first day of July, next following the date of issue, 
unless sooner revoked by the state board of horticulture. 
Section 3. Every person, firm or corporation licensed under 
the provisions of this act to engage in, conduct or carry on the 
business of selling, dealing in or importing into this state for 
sale or distribution any nursery stock, may appoint agents, 
salesmen or solicitors to solicit orders for the sale of nursery 
stock. Upon making the appointment of any agent, salesman 
or solicitor as above provided, said person, firm or corporatior 
shall immediately make application to the state board of horti¬ 
culture for a license for said agent, salesman or solicitor, accom¬ 
panying said application by the fee of $1 provided for in section 
1 of this act. The state board of horticulture shall thereupon 
issue to such agent, salesman or solicitor a license setting forth 
that such agent, salesman or solicitor is entitled to solicit or¬ 
ders for the sale of nursery stock for the current year, ending 
the first day of July, next following the date of the issuance of 
said license. 
Section 4. Every nurseryman, dealer or importer of nursery 
stock shall make application for a license therefor to the state 
board of horticulture upon a form to be prescribed and furnish¬ 
ed by said board, and with said application the applicant shall 
pay to said board the license fee of $5 as provided in section 1 
of this act, and shall deliver to said board a bond to the state 
of Oregon in a form approved by said board in the sum of one 
thousand dollars ($1,000), executed by two good and sufficient 
sureties to be approved by said board, or a bond in a like 
amount by a surety company duly authorized to do business in 
this state approved by said board conditioned that if said license 
is issued, said applicant will well and faithfully comply with all 
the provisions of this act and the laws of the state of Oregon 
relating to the sale, disposition, delivery, inspection and disin¬ 
fection of nursery stock grown, dealt in, imported, sold, handled 
or delivered by said applicant during the term of the license 
applied for, and conditioned that all nursery stock sold or de¬ 
livered by said applicant during the term of said license shall 
be true to name, age and variety as represented, and free from 
the diseases and pests required to be guarded against as pro¬ 
vided by the laws of this state. 
Section 5. Upon complaint in writing, verified under oath by 
the complainant, being made to the state board of horticulture, 
that the holder of any license in this act provided for has violat¬ 
ed or failed to comply with the provisions of this act or the laws 
of the state of Oregon relating to horticulture, the state board 
of horticulture, if in the judgment of the members thereof the 
complaint justifies a hearing thereon, shall serve upon the hold¬ 
ers of such license by registered mail, a copy of such complaint 
and a notice of the time and place of hearing the same, which 
hearing shall not be less than ten nor more than thirty days 
from the date of mailing said notice, and shall be at such place 
to be determined by the said state board of horticulture as shall 
be most convenient to all the parties to the hearing; provided, 
that in case the nursery and the principal place of business 
thereof is within this state, then the hearing shall take place 
in the county where the nursery or principal place of business 
is located, for the convenience of the witnesses called upon to 
attend such hearing. 
Section 6. The state board of horticulture, for the purpose 
mentioned in this act, shall have the power to administer oaths, 
issue subpoenas and compel the attendance of witnesses at the 
hearing provided for in section 5 of this act. In case of dis¬ 
obedience on the part of any person or persons to comply with 
any subpoena herein provided for, or the refusal of any witness 
to testify to any matter regarding which he may be lawfully in¬ 
terrogated, it shall be the duty of any circuit court of any 
county or the judge thereof, on application of said board, to 
compel obedience by attachment proceedings for contempt, as 
in the case of disobedience of the requirements of a subpoena 
issued from such court, or a refusal to testify therein. Hearings 
may be held by any member of the state board of horticulture, 
acting for the whole board, and a synopsis of the testimony 
shall be taken, and considered by said board, in case the hearing 
be held by any member or members less than the whole board, 
and findings shall be made by the whole board. If upon such 
hearing, it shall appear to the satisfaction of the said board 
that the person complained of has violated or is violating or 
failing to comply with the provisions of this act or the laws of 
the state of Oregon relating to horticulture, said board may re¬ 
voke the license of such person, firm or corporation complained 
of, and no new license shall issue to such person, firm or cor¬ 
poration until it shall be made to appear to the satisfaction of 
the state board of horticulture that the cause of the complaint 
has been removed. 
From the decision of the state board of horticulture revoking 
a license or refusing to issue a new license, an appeal shall lie 
to the circuit court of the county where the hearing shall have 
been held. 
Section 7. Any funds received by the state board of horticul¬ 
ture under the provisions of this act shall be used in defraying 
the necessary expenses in connection with the administration 
of this act, and the residue, if any, shall be paid into the state 
treasury. 
Section 8. Any person, firm or corporation violating any of 
the provisions of this act shall be deemed guilty of a misde¬ 
meanor, and upon conviction thereof, shall be punished by a 
fine of not more than $50, or by imprisonment in the county jail 
for a period not to exceed thirty days. 
The progress of the hill will be closely watched by Mr. 
S. A. Miller. 
Mr. Miller, born in State of California, moved to Ore¬ 
gon in early life. Ilis 
father, A. Miller, 
founded the nursery 
company of A. Miller 
& Son, in 1878, which 
was incorporated in 
1898 as Milton Nur¬ 
sery Company, S. A. 
Miller being manager. 
Most of his life has 
been spent in the 
nursery business and 
is therefore qualified to 
represent the interests 
of the nurserymen in 
the state legislature to 
which place he was 
elected in November 
last as representative 
from the 23rd district 
of Oregon. 
Mr. S. A. Miller 
