Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-03-21
SOME MEASURES OF LEGISLATION.

STAFF Correspondence Of Gazette and journal.
DOVER Marcn lC.-Reprcsentative
Ball has introduced, to-day, an act to
protect and promote the horticultural
interests Of the State.
Section provides that the three vice
presidents for Delaware of tine PENN
sula Horticultural S0ciety-Dr. John j.
Black of New Castle county, S. II.
Derby of Kent county and Charles
Wright OF Sussex county-and their
successors in Office shall be constituted
and declared to DO State Board of
horticulture Of the State Of Delaware
and said board shall serve without com.
pensation.
Section 9 says that within 80 days
after the passage of this act the Cover
nor Shall appoint commissioner OF
horticulture, vino shall be recommended
by the State Board Of Horticulture and
who shall hold Office during the pleasure
Of said board; that in case Of Il vacancy
in said board it shall be filled in the
same manner US an original appoint
ment; that said commissioner shall, with
the approval of said board and under
the provisions of this act, adopt and
carry out such plans as may be deemed
necessary for the eradication of the dis
case common 10 peach trees known as
peach yellows and to prevent the impor-
tation and ravages OF the insect pest
known as San Jose scale.
Section provides that any peach.
almond, apricot, nectarine or plum tree
diseased by the yellows and any fruit
tree infested by San Jose scale ana all
fruit from such diseased or infested tree
are hereby declared public nuisance
and il shall be the duty of said COM
missioner or any deputy, under such
regulations as said board shall adopt or
approve, to order such trees or such
fruit destroyed, and upon the failure of
the owners to obey such order to destroy
such tree or fruit, and no damages shall
be paid to such owner on account OF
such destruction.
Section says that, without excluding
other means for carrying out the pur.
poses of this act, it shall be the duty OF
said commissioner to make or cause to
be. made careful aud searching ex'
animation and inspection of all peach
trees in the State at least once every
year and, to aid him in this work, he
may appoint one or moro deputies IN
every hundred in the State, who shall
hold office during the pleasure Of said
commissioner and shall be subject tt
his directions in stamping out the dis
ease of peach yellows.
Section 3 provides that the commits
sioner or his deputies shall mark ol
cause to be marked every tree wherever
found having the disease known as the
peach yellows and Immediately notify
the owner thereof in writing; that the
notice shall give the number OF trees sc
diseased and their location with reason
able certainty and shall order theii
destruction within specified reasonable
time; that if the owner resides in The
hundred notice shall be delivered to thu
owner himself, ii at home, but il not j
| shall be sufficient TO fasten it to the from
| door of the mansion house or dwelling
but where the owner does not reside il
| the hundred and there is tenant ii
occupancy notice may be served upor
| him in such manner and with like eifec
| as if he were the owner, and where Their
| is neither owner nor tenant III possession
| notice shall be fastened to the from
| door as above required and copy shal
also be mailed to his address.
Section 6 says that every owner shall
as soon us practicable after notice ha
been given destroy by fire every tree 81
diseased; that the trunks and large
branches of trees SO ordered to be de
stroyed may be used as fuel.
Section Z provides that any owne
who refuses to comply with the pro
visions of section q within the tim
specified shall be deemed guilty of
nisdemeanor and upon conviction shall
pay fine of not less than $40 and no
more than 800 and also pay for the de
struction of such trees; that justices o
the peace shall have cognizance Of cause
arising under this act.
Section says that any person ordere
to destroy any condemned tree or frui
may appeal to said board and the boar,
shall appoint committee of three ex
perts and the decision Of the committe
shall be final.
Section 8 provides that any perso
who shall, while such appeal is pend
ing, sell any tree from a nursery whcr
there are found such diseased or in
tested trees, or any fruit from such dis
/ GuSEu vi lNlGSlCAl llGC9t Siltlll bG AtlSNA ~
less than $40 or more than 800.
Section 10 says that any person VIII
shall knowingly buy for the purpose c
selling, or shall sell or offer for sale, q
offer to any transportation company 70
shipment, any fruit from such disease
or infected trees shall be fined as atort
said.
section II provides that it shall be III
duty OF the commissioner or his deputis
to call the attention of the entomo!ogis
or botanist of Delaware College Expert
mental Station TO any appearances o
outbreak OF insect, pest or fdngou
troubles that may seem 10 be maliEnau
or beyond control of individual fru
growers.
Section IL says that the expenses q
the commissioner or deputies INQUIRE
in destroying diseased trees and fruit, O
well as the pay of the commissioner an
deputies, shall be paid out of the Stat
treasury on warrants drawn by the con
missioner and accompanied by certit
Gates from the clerks of the peace,
section 10 provides that for every de-
necessarily employed the commissions
shall be paid the sum of s. and 10
every day so employed the deputit
shall be paid the sum of 81 that til
commissioner shall make report bier
uiully, through the Governor, to ii
Legislature.
Section II says that for anything law
fully done by the commissioner or an
other person authorized by him the ~
shall be complete protection and ma
be pleaded in bar in any action brougl
against him,
section 10 repeats chapter 2S2, Vo
XIX, Laws OF Delaware.
Section Is states that the act sha
take effect Immediately after its passag
CONCERNING CITY ELECTIONS.