Los Angeles herald., 1891-08-25
The Infected Orange Trees
Must Remain at San Pedro.
Judge Shaw Continues the Re-
straint Indefinitely.
Mr.. Meserve Intimates that the Com
missiOners Are Not Sound.
The Proceedings Yesterday - Judge
Shaw's Order-The Meserves May
Yet Get Their Trees
Through.

The imbroglio regarding the cargo of
infected orange stock by the Meserve
family from the Tahiti islands was
temporarily settled yesterday by Judge
Shaw continuing the restraining order
in force indefinitely. The arguments in
the case, which were made by Judge
York for the state, and A. r. Meserve
for the defendants, occupied the greater
portion of the day, and reviewed the
case at length. The prosecution asked
that the trees be kept where they were
until they we're entirely cleared of scale,
or, it that were impossible, that they
be destroyed, and the orchardists of the
section thus saved millions of dollars.
Mr.. Meserve made an impassioned ad-
dress of some length, denying that the
defendants had any intention of remov-
ing the trees. He accused the horticul-
tural commissioners of incompetency,
and said that the only experienced
etomologist who had examined the trees,
Commissioner Craw, refused to express
an opinion. Mr.. Meserve said that
other imported stock had been planted
in the orchards of Southern California
without inspection. and intimated that
the commissioners had an object in per-
scouting the defendants.
Judge Shaw rendered his decision to
the effect that the trees must remain in
quarantine at San Pedro until the i'm
porters, the Messrs. Meserve of Pomona,
can prove to the court that the trees are
absolutely clean from all scale and other
injurious pests. This relieves the horti-
cultural commissioners from the burden
and expense of establishing the exist
ence of injurious insects on this consign-
ment of orange trees, and makes it OBJ
ligatory on the part OF the Meserves to
prove to the satisfaction of the court
that these trees are absolutely free from
all pests of whatever kind. This decis-
ion on the partJaof Judge Shaw will
relieve much anxiety on the part of all
people interested in orchards, who be-
lieve that ir the light of past experience
they cannot afford to run any risk re-
garding the importation of dirty nursery
stock, or stock coming from we'll known
infected localities.
The order made by Judge Shaw reads
as follows:
cit is ordered that the temporary re-
stralnlng order herelnDe1Ore mace De
continued in force until the further or
der of the court, and that defendants
have leave at any time during the pend
ency OF this action upon notice to the
plaintiffs to move the court for disso-
luton of said restraining order"
Frank Daniels, prominent grower of
Pasadena, remarked to HERALD re-
porter yesterday:
Regarding the importation of in
fected nursery stock from well known
infected localities there is but one opin-
ion among horticulturists, and that is
that it ought to be stopped. While it is
true that trees can be inspected and dis
infected, nevertheless there is always a
risk. That the matter will eventually
regulate itself is Of course apparent, as
the home supply of trees will be more
than ample to supply the demand in
two years. However, too much care
cannot be given to quarantining dirty
stock, and in the present tussle with a
consignment of Tahiti trees the horti-
cultural commissioners have the sup
port of every person at all familiar with
the depredations OF insect pests in our
fruit orchards"