The times. [volume] (Richmond, Va.) 1890-1903, 1890-03-14
FERTILIZER BILL.
Considered by the Board or Agriculture
at a Special Meeting.

A called meeting Of the Board Of Agricul-
ture was held last night in the Office of H. C
Commissloner Of Agriculture. TO consider
the "Fertiliz,er pin. passed by the recent
were present Hon. AbsalOm holln 80 An
vusta county (presidenD. Major W. T.. slftf
p,...,, of Danyille; Judge r. NJ. Mallory Oh
io,te. Dinn' Mr. s "Wor, 4. y. Gaines, Of Cnai-
Colonel Norman Smith, of Henrie0. saa o.
lionel Whitehead, the Commissioner Of A.
riculture.
Colonel Whitehead explained the proyi5-
ions of the bill. The fun text Of The bill.
which has been published i'm lHE IIMEs.
was read. The measure was considered by
sections.
When the part Of section was reached
requiring it 10 be the "duty of amy manu-
iacturer or dealer in commercial fertilizers
annually, before the same are offered for
sale in this state. 10 pay tu The Commits
siOnor Of Agriculture "a registration fee Of
one hundred dollars the chair wanted 90
know ii the manufacturers or dealers, who
had already paid the fee under the old Law
and whose license had not expired, would
be required 10 pay an extra fee.
Colonel Whitehead replied that these men
would not be forced 10 pay any additional.
fee unless they introduced new brands on
which they had not paid any tax.
3. The Board Of Agriculture shall adopt
all neediul rules and regulations providing
for the collection of the money arising from
the fees aforesaid or from fines imposed
under this act. and shall require the same
20 e deposited with the Treasurer of the
state. and only 90 be drawn thorelrom upon
the warrants issued by the Auditor of the
state upon the requisitiOn Of the tommif
si0ner OF Agriculture made In pursuance ci
such rules and regulations; and o. e
laid Commissioner Of Agriculture shall Dee
entitled 90 receive no fees for collecting or
disbursing said money except his salary, as
provided for by law; but be shall De allow
ed a clerk at the salary 90 be- fixed by the
said board. and % Dee paid ont of the fer
tilizer funds; and AN sums Ofmoncy arising
from the provisions of this aet shall he
known as the fertilizer fund. and shall Doe
kept by the Treasurer separate from other
public funds. and shall De used for the pur-
pose OF carrying out the provisions OBJ
this act, and the remainder shall De
paid into the general agricultural
fund: but all moneys derived from said
fees, fines or other source shall Dee "A part
and portion Of the ten thousand dollars per
annum. 10 be appropriated 10 the Board oi
Agriculture of Virginia, by an act aI-
i
the General Assembly 0i Virginia, 1851 and
1883. and the Board Of Agriculture may
employ OutOf said iertilizestund such as-
sistanls TO said chemists as may be found
necessary.
The chair was Of the opinion that no pro-
vision had been made for the collection Ol
the fine even if the court granted the judg.
ment.
Judge Mallory thought IL "a bare omission
on the part Of the General Assembly, and
laid that body Justly liable % ~ much crit
icism and censure as 10 had accorded 10 the
Board OF Agriculture, during the recent
session. These suits which were required
10 be brought by the Commissioner Of Agri-
culture would necessarily 90 % the Circuit
courts, and he could see nothing in the lass
where any one was authorized 70 collect tht
lnes.
Major sutherlin thought the law explicit
The usual manner Of collecting by tAl
courts in such cases would be done.
Colonel Whitehead stated that the ine
would be collected by the Commonwealth,
attorney Of the county in which tAl
suit was brought, and he would
turn the same over 20 the CLERK
Of the court, who would forward it % th,
State Treasurer. But the law required ih.
Commissioner Of Agriculture 90 be thl
]
for him 20 touch TO money. and this wa.
the only place where the law was deficient
lie, however, stated that II be received thl
money be- would De required % deposit /
with the state treasure, and really Il
would reach the same end.
Major >utherlin hels moved that a com
mittee Of three be appointed TO consider
carefully the bill and report 70 the boMl
this morning any neediul rules ami gesula.
tiOns b the bill.
The motion was agreed 20, and the chan
appointed Nessrs. rutherlin. Mallory and
Corbln T. constitute the committee.
ANOTHER CLxKE.
The chair here raised the question In IL.
ference 10 the sentence in this section pro-
yiding that the Commissioner shall be a.
! lowed clerk, at a salary TO be liked by tie
Board Of Agriculture. He wanted 60 know
il this meant the Commissioner present
clerk, Mr.. Garland, or new clerk % b,
/ created.
Judge Mallory was Of the opinion thai
| this had nothing 10 do with the present
clerk, but provided tor "A new clerk, IL ttg
present one was appointed he could not re-
ceive the 500 10 be paid out Of the ,tal'
fund.
Quite diversity of opinions was ex
pressed,
Major sutherln thought the law yer'
plain. IL meant Just exactly what wa
said-namely, 10 allow the Commissioner q
employ an additional clerk 20 carry on
these additional duties, II he desired one
The law Gid not force him 10 employ thi
clerk, but said be may employ one,
Several other opinions were expressed
after which Major Sutheglia moved that Oh
matter be referred to a committee Of thre
% consider this special feature; get th
opinion OF the Attorney-icuegal on the con
: structi0n OF the law sad report al the meel
ing today, Judge Mallory moved 70 amen
she motion by authorizing the cAAir 20 q
the opinion Of the Attorney General TAI
morning and report to-day.
After the reconsideration OF otWg unimpor
ant matters. the Board adjourned until thi
morping At " o'c!oes.