The herald., 1897-05-10
UNDER THE NEWLY MADE LAW
SUPERVISORS CANNOT HOLD IT
IN CHECK
But May Collect and Pay the Bills.
Large Indebtedness Owing by
the Orchardists

|
provided good grazing ground for the
henchmen of the 6. o. p.
The people of Southern California had
every reason to know that in certain
essential features the old horticultural
law was very defective in providing
means for the enforcement of the rules
and regulations requisite for the care
and development of the fruit industry
The legislature attended to the matter
and bill was passed in which some i'm
provement has been made, so far as
means have been provided for forcing
| the Orchardists to attend and care for
their properties, but which was in other
respects merely bill to provide sundry
Offices for worthy Republicans through
out the counties.
So far as this county Is concerned the
new horticultural law is being very
freely criticised, and it is boldly alleged
that it is clearly unconstitutional and
for reasons that will appear later. The
first orchardist or other person coming
in conflict with the new board of COM
miesioners, that has the pluck to refuse
to carry out the boards behest, may
bring the matter before the courts and
then this point Of constitutionality may
| be raised.
! On the first of the month the new COM
missioners took office, and while each one
in his private capacity is doubtless a
most estmable gentleman. it is not with
out interest to note what party purpose
he is said to be subserving in accepting
the position of horticultural commits
sioner. j. M. Thomas of Monrovia was
| for a lone fo orC
Woodworth's and is reported as' havn g
waited patiently for two years to be
placed. c. G. Kellogg, secretary OF the
commission, was for a considerable
period an attache of the sheriff's office
as deputy, but had to get out in order to
make place for the son of Supervisor
Davis; as he is not without political
friends his cheerful acquiescense waited
him into far more lucrative office. E.
H. Rust of South Pasadena, chairman
of the commission, Is, nephew of Super
visor Field, and il that in itself was not
sufficient warrant for his appointment
an additional reason may be found in the
fact that his business is that of nursery
man. AT first glance this, perhaps may
not be apparent but for good reasons it
has been part of the unwritten law that
no nurseryman should either serve as
horticultural commissioner or as district
inspector. Some years ago when the
horticultural convention was held at
MarysWille the matter was then debated
at length and it was the sense of the con-
vention that much harm might be
wrought by a nurseryman holding such
official appointment, and representations
to that effect were made to the state
board. Since then no nunseryman has
received appointment, and for the reason
that in such case he would be called upon
in the course of his duties to examine
other nurseries, orchards, orange groves,
etc, and would of necessity become in
formed regarding the importation of
trees, prices, adaptablity, ETC.. informa-
ton of the greatest Importance in his
business as nurseryman, and to the
serious detriment of others in the same
line of trade. And this, rot to mention
the temptations that would constantly
assail such commissioner tc do a stroke
OF business while travelling around on
official duty. All these are reasons
adduced why nursery man is not a
proper person to be horticultural COM
ssloner, but they probably do not hold
good in the case Of Supervisor Field S
nephew.
AN INDEPENDENT POSITION
The new law provides that these COM
missioners shall receive 81 each per
diem, while actually engaged in the
duties of their office, travelling expenses,
etc. However it may be in other coun-
ties, it is reasonably certain that in this
one the commissioners will be engaged
in attending to the duties of their Office
seven days out of every seven This
board of commissioners is endowed
with power to divide the county into
districts, to each of which local in
spector will be appointed, to hold office
during the pleasure of the commission
ere' at a salary of $3.50 per day. Thus
organized the horticultural interests of
the county may be we'll looked after
the interests of the Republican party
certainly will be. And fer the best of
reasons.
These three gentlemen forming the
horticultural commission occupy prac-
tically an independent position. The
commission IS, under the new law, eup-
posedly called into existence on petit
tions of twenty-five orchardsts. A COM
missioner cannot be unseated save for
cause, on petition of twenty-five orchard
lists. If the powers that be should not
desire a commissioners removal any
twenty-five orchardists would have a
herculean task in proving cause. Apart
from this solitary provision the com
mission holds a position absolutely
sslf-dependent and that fact it
IS claimed, makes the new horti
cultural bill an unconstitutional meas
ure. The commissioners are not subject
to the dictations of the board of SUPER
visors, either in what they do or what
they leave undone; all that the board of
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 filed with the board of
supervisors. falling to make which the
commissioners salary may be withheld
but 1t is not provided that the accounts
of the commissioners shall be audited by
any body, save themselves, or that the
board Of supervisors can challenge any
item of expenditure. The only way. an
parently, In which they could be reached
in any event would be under the general
law, or scme grand jury might have
fling at them while not displaying the
courage to return an indictment even If
dereliction of duty was plainly an
parent.
A POLITICAL MACHINE
Under these conditions 1t can be we'll