The Birmingham age-herald., 1903-03-19

 ton, certihcation, sale transportation and introduction of trees shrubs cut tings, buds, vines, bulbs and roots, that they may deem necessary to prevent the further introduction, increase and dis semination of insect pests and plant dis cases
 Sec Z. That the Professor of Horti- culture of the Alabama Polytechnic In- sttute shall act as State Horticulturist and as secretary of said Board of Hor- ticulture under the provisions of this Act and 1t shall be the duty of the said board to promulgate rules and regulations in ac- cordance with this Act for the govern ment of the said State Horticulturist in the duties devolving upon him Tn execu- ton of the provisions of this Act
 Sec. 3. There Is hereby annually ap- pIopriated the sum of (s1.500) fifteen hum dred dollars to be disbursed under the di- rection of the Board of Trustees of the Alabama Polytechnic Institute for the purpose of defraying the expense in the execution of this Act.
 Sec. 1. The State Hortculturlst or deputy duly authorized by the Board of Horticulture shall have power under the regulations of the Board of Horticulture to visit any section of the State where such pests are supposed to exist, and to determine whether any infested trees or plants are worthy of remedial treatment or shall be destroyed and he shall im- mediately report his findings In writing, giving reasons therefor. to the owner ot the infested plantation, his agents or tenant and a copy of each report shall also be submitted to the said board. In case of objections to the findings of the State Horticulturist or his deputy an ap- peal shall be made to the said Board t..H4 H.. nesses and hear testimony on oath, and whose decision shall be final. An appeal shall be taken within ten days and shall act as a stay of proceedings until 1t Is heard and decided
 Sec. 5. Upon the findings of the State Hortlculturist or his deputy in any case of infested trees or plants, the treatment prescribed by him shall be executed at once Onless an appeal is taken). under his supervision, the cost of material and labor shall be borne by the owner pro- vided. however, that in case the trees or plants shall be condemned they shall be destroyed by the State Horticulturist, and the expense of such action shall be borne by the owner. No compensation shall be allowed for any plants that shall be destroyed.
 Sec. 6. In case any person or persons refuse to execute the direction of the State Horticulturist OF of the said Board upon an appeal, a Justice of the Peace or Probate Judge of the county shall, upon complaint filed by the State Hor- tlculturist or any freeholder cite the per son or persons to appear before him with in ten days after notice being served, and that the said judge upon satisfactory evil dence shall cause the prescribed treat ment to be executed, and the expense thereof and cost of court shall be col lected from the owner or owners of in- fested plants
 See 2. It shall be unlawful to offer for sale sell, give away or transport peren- nial plants, scions, buds, trees, shrubs, vines, or other plants, tubers, roots, cut tings bulbs, known to be infested with dangerously Injurious insects or plant diseases Any person or persons vioat- Ing this section shall, upon conviction, be fined not less than ten nor more than one hundred dollars for each separate of fense
 Sec. 8. The said Board of Horticulture. its agents or employees. ane hereby em- powered with authority to enter upon any premises in discharge of the duties here In described. Any person or persons who shall obstruct or hinder them or their agents in the discharge of these duties shall be deemed guilty of a misdemeanor. and, upon conviction therefor, shall be fined not less than ten nor more than one hundred dollars.
 Sec. g. The Board shall have the power also to adopt rules and regulations, not inconsistent with the laws and Constitu- tion of this State and the United States, for preventing the introduction of danger ously injurious crop pests of all kinds from without the State or regarding the dissemination of crop pests within the State. and for the governing of common carriers in transporting plants liable, to harbor such pests, to and from and with in the State. and such regulations shall have the force of laws.
 Sec. 10. Be 1t further enacted. that the members of the said Board, any two of whom shall constitute a quorum in the absence of the third, shall, within thirty days of the passage of this Act and from time to time draw up and promulgate through the press of the State the rules and regulations necessary to carry into full and complete effect the provisions of this Act. carefully defining what diseases or malades, both insect and fungus, shall constitute infectation in trees or plants within the meaning and purview thereof
 Sec. II. It shall be unlawful for any person, firm or corporation to sell, give away or ship within the State of Ala
 
 plants commonly known as nursery stock, without having a certificate of guarantee of the State Horticulturist of Alabama copy of such certificate of guarantee must accompany each box or packa go sold, given away or shipped. Such certif- cate must be dated within, twelve months If upon examination such stock Is found to conform to the requirements of the said Board of Horticulture the State Horti- culturist must furnish a certificate to that effect Any person persons sell ing. giving away or shipping nursery stock without the certificate of the State Horticulturist shall be fined not less than fifty nor more than one hundred dollars.
 Sec. 12. Each and every person, firm or corporation residing and doing busi- ness outside of the State of Alabama, dealing in or handling trees, shrubs or other plants commonly known as nursery stock, shall file a copy of his or it's cer- tihcate of his or its inspection furnished by the State Hortlcuturist, nursery in- speotor or other duly authorized official of his or it's State or county with the Secretary of the Board of Horticulture. Upon the filing of this certificate as above prescribed, and upon request of the per son, firm or corporation, certificate will be issued to the same and official tags bearing copy of such certificate and seal of the Board will be furnished the same at cost, provided, however, that the afore- said certificate of inspection shall be ad- judged satisfactory by the board. Each box, bundle or package of nursery stock shipped into Alabama by any person, firm or corporation shall bear one of these tags, and shipments of stock not thus tagged shall be liable to confiscation by