Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-10-09
THE COOLING MOTH IN COURT,

On Saturday last the Police Court was &C.
cupied most of the day in trying case
against John Cox, fruit-grower and shipper,
for violation of the Act of the Legislature
of March 4. 1881, providing for the protec.
ton of horticulture and viticulture. and max.
ing 1t misdemeanor for any che to violate
any OF the quarantine regulations of the
Board of State Viticultutal Commissioners.
Among the rules and quarantine regulations
adopted is that requiring all boxes used for
packing or shipping fruit to be disinfected be.
fore they can be used again. It is for vic
iation OF these regulations that the defendant,
John Cox, was, upon the complaint of Harry
De feuve, Jr, one of the Viticultursl In.
spectors. and at the instance of Matthew
Cooke, Chief Executive Viticultural Officer,
arrested and prosecuted. w. J. Tusks, one
of the attorneys for the State Board, and
City Attorney Anderson conducted the pros.
ecution, and j. \. Young appeared for the
defense.
"A demurrer was inteTposed to the com.
plant raising several points, directed agains.
the constitutionality Of the law, counsel urg-
Ing that the law is unconstitutional because
more than one subject is embraced in che IT,
tie, and that it is a delegation of the law.
making power to an inferior power. That it
ls not police regulation, but an arbitrary
power attempted to be authorized, and which
IN effect amounts to TIE tsking of private
property without due process of law.
Counsel for the prosecution combated these
propositions, and argued that the law related
TO class, and Was proper police regulation.
After an extended argument the Court over.
ruled the demurrer.
The prosecution then called as witnesses to
establish the infraction eff the law, Harry
De Neuve, Jr., Matthew Cooke, Professor C,
ID. Dwlnelle, of the State University, DR..
Chapine, Of Santa Clara an orchardist and
physiciaD), and several other witnesses, The
testimony of Professor Dwinelie and DIR,
Chaplne was Of a most interesting charac-
Ter, and disclosed the fact that there was
a most fearful ravage by the insect
iiuie and vine pest In this State. That
the hrst appearance of this perniciosis
pes, as the Professor styled it, occurred ne ar
Sacramento in 1874, through some fruit
shipped hare the year before, for exhibition
at our State fair, in which fruit was the
codiing moth and Larvae. That from this
the contagion took root, and is now present
In thirty-one countie, of this State, making
great ravages upon the fruit. That it il to
check this that these stringent laws and quar-.
antIne regulations have been passed and
adopted. 1t was shown by the evidence that
this pest which infects the fruit has very
injurious effect upon the health of those who
consume the fruit, either in its natural state
or in the form of cider or wine. That some
classes of these pests attack the trees and
vines, snd have destroyed entire orchards and
vineyards. That unless there could be some
general action to abate this nuisance, and
which could be enforced on all alike, the re.
suit would be very destructive 10 the fruit
and vine-growiug interests of this State.
After hearing all the evidence the Court
adJudged the defendant guilty as charged.
1t is understood that this should be test
case, and it will be taken at once to the Su.
preme Court on habeas corpus to test the
validity of the Act, and to settle all corstitu-
tional questions, with a view that in the
event that the Supreme Court should declare
any of the provisions of the law uucopstitu-
tional that the defect can be remedied this
ensuing Legislature. The question is one of
vital Importance to the grape growing and
fruit interests of the State