Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1907-08-03
TEST CASE MAY BE MADE |
GDmplaintAgainst Inspector Made
by J. D. Hess.
PEACH TREES ARE DESTROYED
Case viii Be Heard Before Justice
Thompson and viii Liely Go
TO the Higher Courts

10 tNC Fft3uGi @SNiAS
Complaint was made this morning,
before Justice Thompson by J.D. Hess
against L.Cloha1, for entering the land
of Mr.. Hess, east of North Mountaia
and tenanted by c. e. Myers, and
damaging and cutting down eighteen
peach trees.
This case has grown out OF the dis
satisfaction Of some of the fruit
growers for the manner in which the
assistant Inspector, one Of whom was
Mr.. Clohan, have gone into the orch
ards and cut out the trees infected
with yellows.
The case vii be tried before Justice
Thompson on next Tuesday, August G.,
at / o'clock. 1t is presumed that it
will be made test case and appealed
to the higher courts to determine
whether or not the inspectors have
the right to enter the orchards and de-
stroy the trees.
Recent Law Enacted.
The agitation over the inspection Of
the orchards for diseased trees is
causing much comment. The law as
passed by the last legislature on the
subject is as foil VS..
Section 1t shall further be the
duty OF said director through his as
sistants, to cause The examination Of
all orchards, gardens and other prem
Uses either public or private, which
they shall have reason to suppose TO
be infested or infected with any dan
gerously injGriously insect or infec-
tious diseases liable to spread or be
conveyed to other premises, and for
this purpose said director and his
assistants are authorized, during
reasonable business hours, to enter in
to or upon any farm orchard, nursery,
garden. store, house or other building
or place used for growing, storing,
packing or sale of nursery or horti-
cultural products.
And for the purpose of examination
of orchards, gardens and other prem
ises and of ascertaining whether any
such within the state are infected
with infections or dangerous diseases,
said director shall in person or by the
aid of his assistants. duly appoint and
authorize, visit each county or local
.ity where there are commercial
orchards within state, at least once in
each year, and make personal inquiry
among the citizens and fruit growers
as to the prevalence of any such dis
ease or insects and examine any
orchard that shall be reported to him
as having such disease.
If said director or his assistant shall
find on inspection as aforesaid, that
any nursery, orchard, garden, or other
property or place is infested or infect
ed with such dangerously injurious in
sects or infectious diseases, liable to
spread or be conveyed to other prem
Uses. to the serious injury OF the prop
erty thereon, the same shall be de-
clared a public nuisance; and he shall
notify the owner or person in charge
of such infested or infected property,
and shall direct him, within a time
and in a manner prescribed in such
notice: to use such means as shall
prevent the conveyance and spread of
such insects or diseases to the prop
erty OF others; and such infested or
infected property must not be remov'
ed from the premises after The owner
or person in charge of the same shall
have been notified as aforesaid, with
out the written permission of said di-
rector or his assistants.
If the person so notified shall re-
fuse or neglect to treat or disinfect
said premises or property in the man.
ner and within the time prescribed by
the director or his assistants, he shall
be guilty of a misdemeanor and upon
conviction thereof shall be fined not
less than twenty-five or more than
one hundred dollars, and it shall be
the duty of the director or his assist
ants to report to the prosecuting at
torney of any county when notice is
given to the owner Of any orchard to
disinfect or treat his premises, and
the prosecuting attorney shall make
diligent inquiry to ascertain whether
such order has been complied with.