Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-04-01

goes into effect the board OF county
commissioners OF the several counties
shall appoint one horticultural inspec-
tor and as many deputies as deemen
necessary to carry out the provisions IL
this act said inspectors and their dep'
uties shall be competent experienced
and practical hortloulturlsts. such IN
speotors shall hold Office for term or
two years, and until their successors
are appointed and qualified unless
sooner removed for cause, They shall
qualify by taking and subscribing tho
constitutional oath, which SHAH Do
filed with the county clerk said inspoo-
tors shall be paid out VI the county
treasury for the time ana services ao-
tually rendered, at such rate per day ~
the board OF county commissioners shalt
FIX, not 10 exceed 81 per day for inspec-
tors. and 81 for deputies, with reasons
able transportation expenses. The coun-
~ inspector or inspectors shall carry
out the provisions Of this act and the
regulations OF the state board OF hort-
culture. and perform such other lobors
as the county commissioners may direct
FOR tho extirpaton Of fruit and other
pests and diseases. Provided that lt
shall not be lawful 90 spray with ans
arsenlcal or other poisonous material
any tree or shrub when the same Is IA
bloom. Provided. further that IN the
event Of any county inspector falling
or refusing to properly perform his du.
ties, nothing In this act shall be con.
strued to prevent the member Of tns
state board OF horticulture for the dis
trlct Ia which such county Inspector
may be dereict, from enforcing In sail
county the provisions Of this act and
the rules and reg'lE tons OF the state
board OF horticulture,
Sec, 49, The county fruit tree inspec-
tor or his deputies In each county shah
make an inspection OF every orchard,
nursery, vineyard and fruit packing or
cold storage house, storeroom or sales
room, warehouse, or any other place Ca
article connected with horticulture,
within their jurisdiction. at least once
every year and as much oftener as mas
be deemed necessary for the protection
OF the fruit interests of the county, ana
II found Infected with pests or diseases
Injurious TO fruit or fruit trees, vines
shrubs, plants, ornamental or shads
trees, they shall notify the owner or
owners, person or persons, In charge
or possession Of the fruit, trees, vines,
shrubs or places or articles as afore-
said that the same or any Of them are
infected with disease Insects or their
such persons TO remove or dlslnfeol
the same and make application OF such
treatment for the purpose of Destroy
Ing them, as prescribed by the state
board Of horticulture within a certain
time TO be specified IN said notice, SAID
notice may be served upon the person.
or persons, owning or having charge OF
such infected trees, fruits. on places OF
articles aforesaid, by any inspector. or
they may be served the same as a sum
mons In civil action. II the owner w
owners, person or persons, In charge or
possession Of orchards or nursery trees,
ornamental or shade trees fruits. places
or articles Infected with said diseases,
Insects, or any Of them, their larvae
or eggs, after having been notihei
as above by said inspector, to destroy
the same or make application OF treat
ment, as directed, shall fail, neglect or
refuse so to do they shall be deemed
guilty Of maintaining a public nuisance
and shall be punished by fine, not less
than five nor more than one hundred
dollars, and any such orchards, nur-
series, trees or places or articles thus
Infected shall be adJudged and the
same Is hereby declared a public null
sance, and shall be punished by fine,
not less than five nor more than one
hundred dollarsand any such orchards,
nurseries, trees or places or articles
thus infected shall be adjudged and
the same Il hereby declared a public
nuisance and shall be proceeded against
as such, on approval Of the board Of
county commissioners. It shall be the
duty OF the county inspector In whose
county said nuisance shall exist, to
cause such nuisance to be abated at
once by graduating or destroying said
disease, Insects or pests or their larvae
or eggs, by treating or dislnfecting the
infected or diseased fruit trees plants
places or articles as aforesaid. and the
costs thereof shall be assessed against
the owner or owners, person or persons,
In charge OF said property or premises,
and If not paid within 10 days from de-
mand the said expense shah become n
county charge and the board OF county
commissioners shall allow and pay the
same out Of the general fund of the
county. Any and all sums SO paid shall
be and become lien on the property
and premises from which said null
sance has been removed or abated In
pursuance of this act, and may be re-
covered by an action against the own
err or owners OF such property or prem
lses Provided that all formulas for
disinfection or eradication of said dis
eases or insect pests shall be as pre-
scribed by the state board of hortcul-
ture, but the time and place of applca-
ton shall be left to the discretion of
the county inspectors.
Sec. A. For the extirpation Of SER
lous, non-curable tree diseases, such
as pear blight. crown gall peach yell
lows, peach r0sette, upon discovery Of
said diseases the county fruit tree In
spector shall notify the owner or own
ers, person or persons in charge or
possession OF said trees or shrubs, OF