The record-union., 1897-11-16

n recent decision has been made,
however, by Judge Van Dyke, to the
effect that the law declaring the ex-
pense of cleaning orchards where the
owners refused to clean it, should not
be lien on the property. The law
is now as it has been for eight wears
past, and as it is enforced. The mis-
take was in bringing suit. Suit has
never been brought in Orange County,
as the Commissioners always went
ahead and fumigated the orchards. sent
IN bill to the Supervisors, which was
paid, ard then filed a lien on the prem
Uses. Inose on whose property the lien
was nled We're always quick to raise
IT, The statement that no provision is
made in the law for giving the owner
notice is mistake, for the law does
provide for it, although notice may
not nave been given in this particular
case
The contention of the court is that the
Legislature has no power to declare
what shall be nuisance, as that is the
province of the court He wished to
know if the courts were to make the
laws or if it We're not its duty simply
to decide on them He did not believe e.
ditions in Orange County, he said, are
different from those in Los Angeles and
San Bernardino Counties and still more
SO from the rest Of the State. There
the Commissioner is also the Inspec-
tor. There is no trouble with the grow
ers who take care of their own places
but there are many places that are
heavily mortgaged to Eastern capital
lists, who only care to get their inter-
est and do not care about the condi-
ton of the orchards. The men who
rent the orchards Of course do not care
for the scale. but the neighbors who
have clean orchards do When COM
plant is made to him he gets a thor
ough description of the place and goes
before the Board of Supervisors and
asks that it be condemned and they al
ways do it for him. He gives ten days
notice to the owner and if he does hot
clean his orchard it is done for him. All
orchards are fumigated at least once a
year. because few always escape to
propagate.
He was on friendly terms with most
of the orange growers, who are an aid
to him, making their own fight against
insects and they tell him where the
foul orchards are found.
Another thing he wished to speak Of
was the fact that the Postoflice Depart
ment is carrying tree stock, shrubbery,
etc, through the mails He saw the
Postmaster delivering such packages
and told him that he should not deliver
them until he had inspected them. He
was told that the department would not
-,
combined and asked Senator White 10
get the Postmaster-Gene to issue
such an order, but the Senator said that
he could not get a hearing on the SUBJ
ject. as the Postmaster-Gen knaN
nothing about bugs and wanted to know
nothing of them. Then, too, the In
terstate Commerce law stands in the
way and will have to be modified be-
fore relief can be had. Meanwhile, if
the Gypsy moth should come from Mas.
sachusetts, for instance, it would be a
great damage to the State. He would
not see it introduced here for $50, 000,
000
Mr.. Craw corroborated this statement
Another trouble, Mr.. Hamilton said
was that Supervisors are generally poi
iticians and knew nothing of insects,
and are loath to appropriate money 10
pay for inspection. Every lot of trees
should be inspected in the county it is
shipped from and the Inspector of the
county should also inspect them. No
trees should be shipped from one coun-
ty to another without being first disin
fected. In one case 1000 trees We're
brought into his county and quaran
tined and dsinfected three times with
out killing all the scale. 1t was not
deemed safe for the Commissioners to
burn them and they took the matter
into court The court, after hearing
the evidence, left the bench and per-
sonally inspected the trees and imme-
diately ordered them burned. There
was some talk of suing the county. Jut
in face of the decision of the Superior
Court it has not been done and will
probably never be done.
Two members stated that in their
counties the Commissioners had signed
blank certificates to nurserymen that
their trees We're clean and the nursery
men had on those certificates shipped
trees from other nurseries.
Quite a discussion arose on this point
and the difficulty of an Inspector ex-
dlAi4lAiliS GA IAC tANSS ohiPPNN AL SAtiSAii
punches.
E. NJ. Ehrhorn of Santa Clara said
that the nurserymen Of his county had
agreed not to send out any trees that
have root knot on them, and they are
keeping their word.
This started long discussion on root
knot.
Mr.. Hamilton stated that the rail
read companies had treated him we'll
and that they had given him much aid
in quarantining trees.
Mr.. Craw said the Southern Pacific
Company had issued orders TO the en-
ployes to notify the Commissioners Of
the arrival of trees and shrubbery, Civ
ing them an opportunity to inspect
them
Mr.. Rust said that in some parts Of
his county the Rhizobius had not pros
pered and on killing some linnets a
large number of Rhizohius had been
found in their crops. An order hal
been issued in his county that scaiy
fruit must be cleaned in the orchards
where grown. before being sent 10 be
packed He gave an account of the
good work being done in his county.
The meeting adjourned after short
informal talks.
COMMANDER CHIPMAN.