Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08
RUSSIAN CACTUS.
rs. B. No. LES

An Act to Provide for the Extermina-
ton of the Russian Thistle and French
Weed.
Be 1t enacted, ETC.:
SECTION |. The n%oxious weed known
as Russian thistle and French weed
wherever found in the state of North
Dakota. is hereby declared to be a pub
lie nuisance, and it is made the duty of
every person or corporation owning, oc-
cupying. leasing or having any lein or
interest in any land, without regard to
the use to which such land is put, to
destroy the same before it shall 60 to
seed, or If it shall have gone to seed,
to completely destroy the same by burn
ing it, before any plant shall have
broken off or scattered it's seed.
SEC. 2. Any overseer or supervisor
of roads, any sheriff or constable or Off
Ger of any organized township, or any
mayor or police officer of any incorpo-
rated city, town Or village, who shall
know of the existence of any such Rus
sian thistleso or French weeds within their
respective jurisdictions, who shall fail
or neglect to destroy the same, or cause
them to be destroyed, or else to make
complaint in writing to the commits
sioner whose duty it becomes under the
provisions OF this act, to cause the de-
struction of such thistles and French
weed, shall be guilty Of malfeasance in
Office, and upon conviction of such fail
ure or neglect, shall be subject to a fine
of not less than 1926 0 more than $50.
Sec. 3. Every county commissioner
shall be charged with the duty of per-
sonally experimenting and enforcing
the provisions of this act within his
commissioner district.
SEC. 4. There is hereby constituted
a board of commissioners which shall
be designated the Executive Relief
Board, which board shall consist of the
governor and two competent persons
whom he shall appoint to hold their
offices until the governor shall appoint
their Successors. Said commissioners
shall acquire all necessary and practi-
cable information for the purpose, and
shall determine the general methods and
season for the destruction of Russian
thistles and French weed, prior to June
l, 1895. They shall cause their general
determinations, with such rules and reg
ulations as they may deem wise to be
printed, and at least twenty COY copies
of the same to be sent to the auditor of
each county in the state. They shall also
cause a copy of such determinations,
rules and regulations to be sent to
each newspaper in the state.
They may determine upon special
methods and seasons for such destruc-
ton when in their judgment it shall
seem best, and such special determina-
tions and the rules and regulations
which they may prescribe for their exc
cution shall be printed or not as they
may deem wise, and notice of them
shall be given only as shall be necessary
in each case. They may at any time
change or modify such determinations
and rules and regulations, and in such
case they shall send to the county audi
tors printed copies of such changed and
modified determinations, rules and
regulations; and all the determinations,
rules and regulations so established by
such commissioners, shall have the full
force of law. The board of commits
sioners hereby established shall control
and direct any and all operations con-
templated in any appropriation which
may be made, and OF the expenditure of
any money which may come into pos
Session of the state from any such APP
preparation, from taxes as provided in
Section II of this act, or from any other
source, to be used for the destruction of
Russian thistles and French weed.
They shall file itemized vouchers for
such expenditures with the state audi
tor, who shall issue his warrants upon
the state treasurer for the amount of
such vouchers. No claim shall be
allowed and no money paid out of the
state treasury, or out of any county
treasury for any expenses Of destruc-
ton of Russian thistles and French
weed not done in accordance with the
determinations, rules and regulations
which such board of commissioners
shall prescribe. If the executive relief
board shall ascertain that, for twenty
days after the times prescribed by the
rules and regulations Of said board for
the destruction of the Russian thistles
and French weed the work of such de-
struction has, in any place not been in
good faith begun and vigorously prose-
cuted, then said board shall direct the
county commissioner within whose COM
missioner district such failure to so be-
gin and SO prosecute such work exists,
to begin such work at once and to
vigorously prosecute and complete the
same.
Such direction shall specify the par
ticular facts constituting such failure;
and it for five days after such direction
such county commissioner shall still fail
or refuse to begin in good faith and to
prosecute vigorously such work, then
said board may file in the Office of the
auditor of such county a copy of such
direction with proof of service thereof,
and may thereupon proceed themselves
to cause such work to be done, and shall
audit the expenses of such work and
issue vouchers for such expense to the
persons employed to perform such work,
which vouchers may be presented to such
county auditor, and he shall %thereupon
issue warrants to the treasurer of
such county for the amounts of such
vouchers payable to the holders thereof
out of the road fund of such
county. Such direction of said board
shall be in writing, and may be served
personally or by registered mail; proof
Of service in the former case shall be by
affidavit, attached to a copy of such di.
r~ection, and in the latter by affidavit OF
mailing attached to copy of such direc.
ton and accompanied by the postofice
registry receipt. Provided, the expense Of
any such destruction which the execu
tive relief board may cause to be sc
done on any lands or fire breaks as spec