The herald., 1897-08-19
Petition for Commissioner
Rust's Removal
RAISES OLD TIME TROUBLE
lie Is CHARGED WITH ENJOYING
UNFAIR ADVANTAGES
As a Nurseryman Which He Can
Turn to His Own Profit Against
Competing Nurserymen

When the members of the present
board of horticultural commissioners
were appointed, from motives of friend
ship rather than from any especial fit
ness on their part for the office, especial
objection was made by many growers
throughout the county to the appoint
ment of E. H. Rust of Pasadena to be
one of the commissioners.
It was not that Mr.. Rust was close
relative Of Supervisor Field. although
that fact did not help the matter at all,
but that being engaged in the business
of nurseryman he was disqualified from
serving as a commissioner. Not that the
law specifically decided against such
thing, but at the various conventions OF
fruit growers held in the state it had
been resolved that representations
should be made in the necessary quar-
ters in order that no nurserymen be ap-
pointed on any board of horticultural
commissioners. The wishes of the grow
ers have been generally observed and the
appointment of Mr.. Rust was in the ma
ture of an innovation and an altogether
new departure.
A number of the growers throughout
the county prepared a petition for pre-
sentation to the board of supervisors
asking that the appointment of Mr.. Rust
be rescinded. but there was some infor-
mality, and the petition never came to a
hearing. But the matter was not al
lowed to drop, and yesterday Judge
Cheney presented to the board of super
visors petition, signed by thirty-one
nurserymen and orchardists, asking that
Mr.. Rust be removed from office.
The petitioners in the body of their
complaint allege that they are engaged
in the business of growing, buying and
selling trees, shrubs, plants. cuttings
and general nursery stock in the county
and that the board-apparently through
inadvertence and oversight-has ap-
pointed as member of the horticultural
commissioners one E. H. Rust, who at
the time of his appointment and ever
since has been, and now is, nursery
man, engaged in the business as rival
and competitor of each of the petitioners.
In the course of his official duties Mr..
Rust has power and authority to enter
at any time into the nurseries, green
houses store rooms and salesrooms of
the petitioners and examine at his pleas
ure all of the nursery stock and con-
denim any or all to be destroyed, when
ever, in his opinion, they are infested
with any insect or the eggs of any in
sect which he believes to be injurious or
detrimental to trees, vines, plants, fruit
or vegetables Also all shipments pur-
chased or sold, and to ascertain the
quantity, quality, nature and from
whom purchased or to whom sold, and
all the minutiae of the petitioners busi
ness.
They claim that he Is thus given a
most unfair advantage as business
rival and Is given the power and oppor-
tunity to pry at pleasure into their pri-
vate affairs and gather valuable infor-
nation of private nature which he
can, as a nurseryman, use at pleasure
to his own advantage and to the injury
Of the petitioners. They recongnize the
value of the horticultural commission,
appreciate, the good work being done,
are ready and willing to cooperate with
1t in the discharge of its duties; but, in
the name of justice, decency and fair
play" they protest against Nurseryman
Rust as member of the commission.
I'VE protest" say petitioner against
the placing of such arbitrary and far
reaching authority in hands where there
is every opportunity for and every temp
tation to its gross abuse. We protest
against the unnecessary injury which
is thus done to us and our property with
out any corresponding good to the pub
lie. We protest against the interests of
many being eubordinated and sacrificed
to the interests of one. We protest
against a course by which a law de-
signed for the public good is converted
into a means Of private oppression. We
protest against placing the reputation,
prosperity and success of every nursery
man in Los Angeles county at the mercy
of a single business rival. We protest
against said Nurseryman E. H. Rust's
longer acting as a member of the COM
mission and request that some suitable
and proper person be at once appointed in
his place and stead"
The following names were appended
to the petition:
Orchardists-Isaac Gibbs, j. T. Getch-
ell, P. Young, j. S. Mackenzie, F. x. Eb-
erie, M. E. Snyder, C. Verick, R. H. Will
son, ]. B. Corson, ]. Eads.
rserymen-Howard & Smith, J..
Dieterich, T. Chisholm, Christensen &
Huston, T. A. Rice, Alfred Roedder,
Adolph Scharff, J. C. Wallace, 7. J..
Haetiel, G. Blanchard, r. G. Frazer, T.
H. Disbrow, j. B. Corson, Louis ]. STEM
gel, c. G. Packard, NJ. V. Breron, Theo
Roussin Of Hoegerman Bros, Morris &
Cole. c. H. Oliver.
Judge Cheney showed to the board
that the act of 1897 fixes no term of Of
flee whatever for members of the COM
mission, but provides that upon petit
tion of twenty-five resident freeholders
and possessors of an orchard the board
of supervisors may remove any of said
commissioners for cause, after a hearing
Of the petition" He contended that the
board of supervisors has power to re-
move a member of the horticultural
commission without any petition from
orchardists and without assigning any
cause therefor and without any hearing,
and to appoint another person in his
place. Judge Cheney proceeded to ex-
anime the powers under the county gov
ernment act of 1897 and certain of the
supreme court decisions and concluded
that the board has an absolute right to-
remove at pleasure, without any peti-
ton Whatever, any member of the
county board of horticultural commits
eioners.
This showing made by Judge Cheney
was in the nature of preamble or in