The San Francisco call., 1897-05-14
-FOUR DOLLARS
FOR one BUG
A Possibility of the New
Horticultural
Act.
Many Orchardists Believe That
Its Constitutionality May
Be Attacked.
The Commission l. Its 0wl Auditor
and Is Responsible to
Nobody.
OAKLAND OFFICE SAN Francisco CALL,
Q0S Rrnnd Non

.. OAKLAND OFFICE SAN FRANCISCO CALI
COS Broadway, May Ii.
Statements are being made by some or
chardists IN this county that the new law
providing for Horticultural Commissions
is clearly unconstitutional, inasmuch as
the members are not made responsible to
anybody for th0ir work. While il is gen.
orally admitted that the ACT is a great i'm
provement on the old law, so far as means
have been provided for forcing the or
chardists to attend and care for their
property. it is also said that the commits
sion holds position absolutely inde-
pendent, which makes it On unconstitu-
t;onal measure.
The Commissioners are not subject to
the dictations OF the Board OF Supervisors,
either in what they do or what they leave
undone. All thatthe Supervisors can do
is to collect and pay all the bills and look
cheerful. 1t is provided that each month
an itemiZed report must be FLED with the
Board OF Supervisors, falling TO make
which the Commissioners salaries may
be withheld, but it is not provided that
the accounts of the Commissioners shall
be audited by anybody save themselves,
or that the Board of Supervisors can chal-
lenge any item of expenditure.
One of the local orchardists has said that
a Commissioner may spend a whole day
killing one bug, for which the county can
not refuse to pay him 81.
The only power that can investigate the
new commissions is the Grand Jury. 4
Commissioner cannet be un seated except
for cause, on petition of twenty-five or
chardists, and il the Supervisors should
not desire 10 remove him twenty-five
orchardis;s would have big task in PROV
ing cause.
1t is provided also that each Commits
siOuer shall receive 81 per day and travel
ing expenses. but no one but the Commits
sioner himself is the Judge of when he
shall work and when he shall not. After
dividing the county into districts, the
Commissioners appoint local inspector
at a salary OF 81 90 per day. These ex-
penses provide for an annual expenditure
OF $6084. independent OF mileage and trav-
cling expenses, so that the Horticultural
Commission of Alameda County will prob
ably cost the county $4,000 per year
While it is not contradicted that to in
sure freedom from pests and general raw
ages in orchards this sum is not too large
1t is freely contended that Commissioners
should not be permitted 10 incur this
amount of debt in such an iTres ponsible
manner as is provided by the new act.
In this county the three mem bers are all
men OF experience, in whom tie various
districts have absolute confidence. They
took Office on the 1st of this month and
organized into three districts, as required
by law. Under the circumstances the re-
ports OF the Com mmissioners for this month
are being awaited with much curiosity.
The first orchardist or other person
coming in conflict with the new board by
refusing to carry out its orders will surely
bring the matter before the courts and try
to determine the constitutionality OF the