Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-04-29
MUST APPOINT
TREE INSPECTOR.

Attorney General Breeder late this
afternoon handed down the following
opinion given toJ. A. Wright, secretary
OF the state board Of horticulture,
Dear sir--You submit under date OF
April a. 1901 the following eommunIea.
tIon and seek my opinion thereon. 10
wit:
The board Of county commissioners
OF Weber county, Utah. has formally
refused to appoint county fruit tree
Inspector for said county, "a provided
In chapter a., Laws II 1889 all the
provisions Of the said Law have been
compiled with by the member Of the
state board Of horticulture Tor the dis.
trlci in which Weber count. is situated,
and the season for the enforce.
inent of the horticultural law Is now at
hand, What is the proper e.
sal course to eomgsl the commisFs,fsls
TO perform their duty prescribed b.
the law N question:
In regard to this VIII say that the
first section OF chapter q. Session Laws
Of 1899 very clearly sets out and defines
the duty Of the board Of county COM
mlssioners, respecting The question sub
mittted. That portion Of said section
which Is pertinent to his Inquiry reads
as follows
Sec. !l56. In every county wherein
fruit trees are growing to the number
Of 1900 or more 1t shall be the duty Of
the member Of the state board OF hor-
iculture for the district in which any
such county is located, on or before the
first Monday in April 1899, and therei
after bi-ennially to nominate to tlt
board Of county commissioners Of the
respective counties three persons suit
able 10 act as county fruit tree inspec-
tors IL shall be the duty OF the board
OF county commissioners 20 select from
the names thus nominated one person
TO act as county fruit tree inspector
Such person shall be q resident OF the
county within which he Is appointed TO
serve. and shall be a practical hofl-
cuWrist"
This seems 70 be clear enough. and
Il Is difficult TO find any Interpretation
or construction OF the language here
employed to raise any contention OF
doubt az to the meaning ana intent Oh
the legislature The most elementary
rule of construction is that 1t Is tooeas-
umed that words and phrases are en-
ployel In their popular and common &C.
ceptation. II the language Is clear anu
admits Of but one meaning there Is no
room for construction. 1t Is not az
lowable to interpret that which needs
mo Interpretation, and thereby inJec.
something into the legislative mlhu
which was never there. III SHAH De the
duty OF the board Of county comlnls-
sloners 70 select from the three hatnss
nominated by the members " me s,ale
hoard OF horticulture for the district IN
vbjpb The county may be located, enc
person % act as country trult tl,e M
spsrtor." Does this language periNl OF
construction? think Il should receive
the plain and unstralned meaning vi
he every day language that II 49, u
trge that the language does not say
fbai be- commissioners shall appoint
him. IL SAYS that they shall select nun,
and further that such person shan pea ,
resident Of the county Wlihm
which he is appointed TO serve
There can be no
mlstaRlng this language. what was
the aim and purpose Of the laW-Inah
ing power? To protect the ofcharus VI
tbts state from the destructive rayases
~ nasts scale and disease, and there-
hy encourage the growth Of fruit-oeaf-
inc trees. ana thus put this state IN
the front rank as a fruit producer Inns
pi,ir and meritomous aim ana purpose
~ the lawmakers would be uelealsu
ana the law become a nudity u tns
t.gr3 m county commissioners should
refuse 20 put In force The above pIo1ls.
IONS Of the statute II appears lhs' W.
'.w.makars. when they enaeteu .n'
r4v antIclpated that some " our couh,
a. commissioners might 10 iheif A.N
"a economic and save money 10 We
r5rntv exercise discttlon
v Men would result IN re'aIllns
tba hortioulturist in his elort
=, huY5 rD the ffui, industry: i1ere'
,,,s tbis discretion fons 20 have o,tn
.,5b.d ana the board n county COM
ni..i,rSrs enc com el5l TO select some
'pe 4, nc, as county 'rut tree l9spses,
NV r-ov.iad a'I the other provisions o'
me- ,sf pragodnr the duty 'mposel up
y, tsa tolri Of county COMMISSIONER
.'ro hean complied with. "a.
7, 5ppears from the foregoln,s. -. el-
.rssl5n of the subject OF your mq'is
.Ss, tbe ac, deanins the duties oi W.
.,,-5 ~ county commisaoneis
.oSt.inr the selection Of q iiu.t , w ave-
1srsctor Ia mandatory ana yo, , Wv
,5ytsed that the proper method o. o., p be-
.lrra 10 compel a complance, W. , p tui
y, ,1', vouli be by mandamus ins,i,u, ~,
~ y" nv district court BY the dlst,l', 80. ~
~ ,-n w, ~ the district in which the i-S
lre to appoint exists