Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-12-29

planatory:
OFFICE CALIFORNIA STATE HoRrr-)
CULTURAL SOCIETY
SAN FRANCISCO, December ri 1855
10 me Hon j. p. Dunn, State Controller Sdcrd-
ntcHf0, CdL-SIR: In accordance with instruc-
lons have the honor of transmitting to yo1,
the appended preamble and resolutions adopted
by our society at its regular meeting held i'm tfs
city on Friday, December Is. 1885. to wit
WHEREAS. w. NJ Boggs has been appointed bv
the state Board of Horticultural Commissioned
10 the once OF state Inspector of Fruit Pests:
ana whereas, the law requires that the incum-
bent OF said position shall be qualified by actual
experience off the duties thereof: and whereas
the sald W: NJ. Boggs has, at divers and sundry
times, adlnltted ana declared that he had no
experience whatever, and no qualifications for
the position, except that he was as well urlali-
hed TO draw the salary as any one else: now.
therefore be it ''
Resolued by this Society. That the attention of
Mr. Dunn, Controller of State be called TO the
gross violation of the law in the appointment of
an inexperienced person to the position afore-
SAID, ana that he be requested to withhold the
warrant ior MS salary, on the ground that it is
impossible for the horticultural interests TO re-
celye any benefit from his services as Inspector
OF frut rests, and because the purposes and
objects for which the money was appropriated
are defeated by his appointment
hesOtret, mat copies of these resolutions be
forwarded to the Governor and ControlIer oftbe
State. % e
The above resolutions were adopted by unan
nous vote. have the honor to be your obedient
aelNahl, l.. j. WICkSoN, Secretary.
SACRAMENTO, December %, 1855.
r. j. Htceson, Esq, Secretary State Horticultural
Soctety-DEAR SIR: | am in receipt of vonr
communication ofthe 2lst inst which is em
bodied in a preamble and resolution adopted
by your society on December 18TH relative to
the fitness of w. NJ Boggs as State Insnector
OF Fruit Pests and containing request that the
Controller withhold the salary warrant of Mr.
Boggs, as said Inspector, on the ground of nj
legged incompetency. In reply, | would state
that have carefully considered the matter and
have come to the conclusion that | have no
authority to comply with the request The Act
creating the State Board of horticulture tStat-
utes OF 1885, page 2S9 provides for the appoint
qualified by practical experience and study in
connection with the Industries dependent
upon horticulture
Section of the act reads: "The said Board
snail elect OF their own number or appoint from
without their number, Il competent person
especially qualified by practical experience in
horticulture for the duties of his office who
snail be known as Inspector of Fruit Pests, to
| hold office at the pleasure of the Board"
Section 9, amended February is, 1885. fixes the
compensation of said Inspector at 500 per
month and Section II appropratcs the sum of
slOOU Tor the use of the Board, including the
payment OF the salary of the Inspector, and di-
reefs the Controller to draw warrants for the
same upon proper demands being made
from the foregoing, respectfully submit that
the appointment OF certain gentlemen as mem
Ders OF the Board carries with il the presumption
that they have the experience and study re-
CURED by the Act and the selection by them of
Mr. Boggs preSupposes the possession by him of
the requirements mentioned in Section and
Tor these reasons it does rot lie within the PROV
lnce of this Office to refuse to draw warrant for
Mr.. Boggs salary on the ground of incompe-
tehcy; II am incorrect in my conclusion,
would suggest that writ of Injunction be oh
tanned against my issuing the warrant
Awaiting reply. am respectfully yours
JOHN 7. DUNN, Controller.