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Vol. XX-Ho.U
New Horticultural Law
The Ranch has secured a copy of the new horti
cultural law of the state of Washington, and
presents it in full herewith. The law passed the
senate February 24, and the house on March 10,
and on March 16 it received the governor's sig
nature. The law is now in full force by reason
of the emergency clause. Our readers would do
well to study it thoroughly, and our columns
are open to all who may wish to make comments
or criticisms upon the povisions of the new law:
Section 1. A commissioner of horticulture shall
be appointed by the governor for the state of
Washington. It is hereby provided, prior to the
iippointment, the applicant must furnish a cer
tificate from the faculty of the college of agri
culture that he is a skilled horticulturist; on such
certificate the governor may make the appoint
ment. Before entering upon the discharge of his
duties the said commissioner shall take and sub
scribe an oath to support the constitution of the
United States, and the constitution and laws of
the state of Washington, and to faithfully dis
charge the duties of his office, which said oath,
together with the aforesaid certificate, shall be
filed with the secretary of state. The said com
missioner shall keep his office at Tacoma, which
office shall be open to the public during normal
office hours, every day excepting Sunday and legal
holidays and days when he may be necessarily
absent attending to official duties in other parts
of his district.
Sec. 2. The objects for which said commis
sioner is appointed are to maintain and exercise
a supervisory directory over the horticultural in
dustries of the state, to enforce the laws relative
to the importation, transfer and of fruit,
Iruit trees, plants or nursery stock within the
state, and give such instructions to fruit cultur
ists regarding cultivation, and extermination of
fruit pests, as to the nature of-the case may
demand. The official term of the said commission
er of horticulture shall begin on the first day of
April, 1905, and continue for four years, and until
his successor is appointed and qualified. Said
• ommissioner shall receive annually in full con
sideration of his official services the sum of two
thousand dollars, to be paid monthly as other
state officers, and for incidental expenses of his
office, such as necessary traveling fare, stationery
and postage, the sum of one thousand dollars
annually, and for office rent and bulletins one
thousand dollars annually. Said sums shall be
naid on warrants drawn by the state auditor on
lie presentation of proper vouchers therefor. The
'erm of the present commissioner of horticulture
hall expire April 1, 1905. When from illness or
ther cause the commissioner of horticulture is
cmporarily unable to perform his duties, he may
ippoint some qualified person to discharge the
luties of such office until such disability is re
moved. Said appointment shall be in writing,
igned by the commissioner of horticulture and
filed in his office. The appointment of such dep
uty may be revoked by the commissioner of horti
culture at will. The commissioner of horticulture
A JOURNAL OF THE LAND AND THE HOME IN THE NEW WEST.
SEATTLE, WASHINGTON, APR. 15, 1903.
shall be responsible for the acts of his deputy.
Provided, That no charge or claim shall ever
be made against the state or any of its funds for
compensation to such deputy.
Sec. 3. Said commissioner may be removed from
office at any time for cause, such as inefficiency,
neglect of duty or immoral conduct, but no re
moval from the office of commissioner of horti
culture shall be made for political reasons. Va
cancies occurring in the office of commissioner
during a term shall be filled by the governor mak
ing an appointment for the unexpired term, under
the rules and regulations as prescribed in section
1 of this act for full term appointment.
Sec. 4. Fruit culturists in any county in the
state are hereby authorized and empowered to
organize into a county horticultural society, and
the better to promote and protect the horticultural
interests of the county the society will nominate;
a qualified person for county inspector of fruits,
trees and plants, boxes, barrels, and other pack
ages in which fruits or trees have been shipped.
The nomination shall be made to the board of
commissioners (of the county wherein said society
is organized), who are hereby authorized and re
quired to appoint such person as county fruit in
spector for a term of two years, deliver to him a
certificate of appointment, and mail a duplicate
copy of said certificate to the commissioner of
horticulture: Provided, however, That county in
spectors shall be required to pass a satisfactory
examination before the state horticultural com
missioner before they are authorized to perform
the duties of the office. Said county inspectors
shall be entitled to a per diem of $4.00 per day
and actual expenses for each day's actual service,
to be paid by the county in which said inspector
is appointed. Any county inspector shall be re
moved by the commissioner of horticulture for in
competency or neglect of duty, or other sufficient
cause, upon complaint filed with him, signed by
the proper officers of the horticultural society in
the county in which such inspector is sought to be
removed: Provided, That no such removal shall
be made without giving such inspector a hearing
and ten days' notice of the time and place thereof.
In order to furnish to the office of the commis
sioner of horticulture information regarding the
condition of orchards throughout the state, and
to determine the compensation of such county
inspectors, they shall make monthly reports to
the commissioner of horticulture under oath upon
blanks furnished by said commissioner, and said
commissioner of horticulture shall issue a certifi
cate showing the number of said work performed
in each month, upon which the said county in
spectors shall receive payment from the county
in which inspection has been made: Provided,
That such monthly report shall not be conclusive
evidence of the number of days' work any county
inspector has performed in any month. Any coun
ty inspector who shall in said report under oath
falsely state the number of days' work he has
actually performed in any month, shall be deemed
guilty of perjury and upon conviction thereof
shall be fined in any sum not exceeding one hun
dred dollars.
Sec. 5. No person, firm or corporation shall en-
Subscription $1 f>&r Year
Worth Two Gold Dollars
gage or continue in the business of selling as
agent, solicitor or otherwise within the state,
or importing fruit trees, plants or nursery stock
into the state, without first having obtained a li
cense to carry on such business in the state, as
in this act provided.
Sec. G. Any person, firm or corporation, agent
or solicitor, may obtain a license to engage or
continue in the business of selling and importing
fruit trees, plants or nursery stock into this
state by submitting his application therefor to
the commissioner of horticulture, together with a
satisfactory bond of $2,000, made in conformity
with the laws of the state of Washington, such
bond to be approved by and filed with the said
commissioner, conditioned that the principal and
his or their agents will faithfully obey the pro
visions of this act, the laws of the state of Wash
ington, and that the said principal pays the cost
of inspection and destruction of all infected nur
sery stock, or other material or goods imported
into and sold within such district of this stat<
by the said principal, his or their agent. Any
person or persons shall have legal recourse against
the bond for any damages accruing from the sale
of or delivery of infected nursery stock. Licenses
granted under this act shall be for two years or
less, at the discretion of the commissioner. Any
license granted to any person, firm or cor
poration, shall be suspended in its operation
by the commissioner of horticulture upon
the report of any inspector that said person, firm
or corporation has introduced infected stock into
the state of Washington, and if upon examination
by the commissioner such report of the inspector
is found to be supported by facts, such license
shall be at once revoked. The license fee for nur
serymen and tree dealers shall be five dollars,
and for their agents or salesman who shall be
furnished an authentic copy, two dollars and fifty
cents. Said moneys shall be collected by the
state horticultural commissioner and paid to the
general fund of the state treasury. All licenses
shall expire on the first day of April, 1903, and on
the first day of April every second year there
after.
Sec, 7. It shall be the duty of every person, firnr
or corporation licensed to do business under this:
act, to notify the horticultural commissioner of
his intention to ship an invoice of fruit trees,
plants or nursery stock from one point to another
within the state, or to import an invoice of simi
lar goods from without to any point within the
state, whether for the purpose of sale, or for per
sonal use. Such notice shall contain the name
and address of both the consignor and consignee,
and a descriptive invoice of the goods to be
shipped, the freight or express office at which the
goods are to be delivered, and the name or title
of the transportation company from which the
consignees receive such goods. Such notice shall
be mailed at least two days prior to the date of
such shipment.
Sec. 8. Any person, firm or corporation who
shall sell within this state, or import into this
state, any fruit trees, plants or nursery stock in
(Continued on Tnge Xlun.)