Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-07-20
COUNTY BOARDS
OF HORTICULTURE
Atty,-GenefaI Breeder Says New
Horticultural Law is Valid,
COMMISSIONERS MUST ACT.
Legislature Has Fun Authority Under
The state Constitution 20 Foster
And Protect Fruit Industry,

Horticulturists Of the state VIII read
with considerable interest the opinion
OF Atty. General NJ. A. Breeder Ia
which he holds the new horticultural
law constitutional and that under It's
provisions 1t is the duty OF the county
commissioners Of the several counties
Of this state. when duly petiuoned to
do so, to appoint county board VI
horticulture.
The opinion of the Encouragement
Is given IN reply to the following let
ten of inquiry from Joseph II. Parry,
secretary OF the state board Of horti-
! culture.
Hon. NJ. A. Breeder, Attorney General,
state of Utah:
Dear SRA question Is raised as 10
the constitutionality Of section OF the
new horticultural law, chapter lO4, SEES
sion Laws Of 1908. The first clause of
this section makes It mandatory upon
| the county commissioners When 10
freeholders and possessors Of an or
chard petition for same-to appoint a
county board Of horticulture. Objection
Is made that 10 men may combine and
| dictate to the county commissioners
and compel the appointment OF coun
| ~ horticulture board whether the
county commissioners approve OF same
or not.
A further clause Of the same section
empowers the county board Of hortlcuI
ture to appoint or employ a competent
| horticulturist as county fruit tree IN
spector. who shall receive such COM
| pensation as the boad Of commissioner
| may deem just, not TO exceed 81 per
/ day TO be paid out OF the county treas
! ury. The county board Of horticulture
| shall determine the amount of time
| and work that the county inspector VIII
be expected TO perform This Is OBJ
/ iected TO on the round that such dele
cation of authority to appoint the tree
| inspector IL not warranted by the Con.
| stitution OF the State OF Utah and
some of the county commissioners re-
| fuse to make the appointment % the
| board Of horticultural commissioner
| on this ground Notwithstanding thC
petition OF the required number OF or
chardlsts and freeholders.
To successfully carry out the provls'
ions OF the horticultural law and pro-
| mote the fruit industry Of the state, II
| Is highly important that this section OF
! the law be fully carried out and the
| commissioners OF horticulture and the
inspector be appointed In the manner
| designated In all counties Of the state
where so required by petition. Kindly
| favor the state board Of horticulture
| with an opinion as TO the constitutions
| allty OF the section OF the law referred
to and state whether this section II OF
Il not mandatory, and whether there Is
! any option In the matter Of the APP
, pointment OF the county board Of hor-
| tlculture. when a petition for same has
! been duly presented TO the board OF
county commissioners.
REPLY OF ATTORNEY GENERAL
Office Ct the Attorney General, state
Of Utah salt Lake city, July H. 1903.
Hon. Joseph H. Parry, Secretary Board
Of Horticulture city.
Sir.-ln your communication OF IN.
| 18th inst. YOU submit for my olhcldl
| opinion as to whether or not the fol-
| lowing clauses of section I, of chapter
| ipA Session Laws OF 1908, are IN har'
mony with the provisions Of our state
| Constitution, TO Wit: Whenever a pc
tition is presented to the board OF coul.
| ~ commissioners Of any county, signed
| bv Is freeholders and possessors OF
an orchard or both stating IN their
| cpinion a necessity exists for protect
| Ing the horticultural interests In said
| county, diminishing and destroying
! fruit pests and diseases injurious Ia
fruit trees. plants vines and shrubs
| the said county commissioners shall
appoint three competent and expert
ehced practical horticulturists, who
| shall be known as the county board OF
| horticulture of said county"
Second. said board shall appoint q
competent. experienced horticulturisi,
o person who shall be known as a
county Inspector"
Replying to your question relating
to the first clause OF section Z. under
| consideration, | am OF the opinion that
il was perfectly competent for the leg
| lslaturc 20 provide for a county board
Of horticulture. and TO provide the man
| rer Of the selection and appointment OF
the members Of such county board, The
power of the Legislature over municipal
| corporations, IN the absence OF consu-
| tutional restrictions, Is unlimited; II
may create offices and provide how
they may be filled. it may confer the
Appointing power upon different per
sons or boards within the corporate
inhts OF such municipal corporations
etc.
Blu. IN the case before US the APP
| pointing power was not changed, noJ
ala the Legislature attempt 10 change
| Il. but It authorized and directed the
board Of county commissioners TO APP
point a county board of horticulture
| OF ITS own selection, whenever 10 free
holders and owners Of an orchard
should represent by petition to said
| board Of county commissioners that
the interests of the fruh growers, anJ
| frtit trees OF the county demanded IL
| lr tie enactment OF the law. the Iegis.
| lature had no design TO interfere with
;he duties Of the county commissiQn-
ers. but with an eve single TO the inter.
ee' OF the fruit growers Of the state. 4
ordained that the board OF county com.
misIoners must appoint county
board OF horticulture. when the neces-
| sity therefor was made TO appear by
petition Of Interested taEpaying citi.
! zcns OF The county
The Legislature has not attempted
10 run and operate the machinery oi
tho county. but II has q perfect undis
| putcd rleht 10 provide when and how
the county machinery should be- put ~
| motion.
The other portion Of your inqur,
must be answered IN the affirmative al
80. as ! have above laid down the dos,
irine that N The absence Of d oonsu