The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1909-07-29
Published June 10. 1909.


10. inclusive, Of the statutes, and to
create twelve new sections to be num-
bered 1904 to 1910, inclusive,
and 1494-1Ol and 1494-10m Of the
San Jose scale and other Injurious In
sects and fungus diseases, and to the
inspection of orchards, nurseries, parks,
=, cemeteries, and other publle places.
resented In Senate and Assembly, do en-
act as follows:
Section Sections 14s4 14ai 1te4 14a2
~ l laa4Ns, l4e4gs, and it 1870 64s q
the statutes are repealed.
Section g There are added to the stat
utes twelve new sections; to be numbered
1494-1Ol and 1494-10m, to read Sec
ton 1494-1. The director of the agricul-
tural experiment station Of the University
of Wisconsin shall designate some person
as the state orchard and nursery inspector,
and to carry out the provisions of this act
under his direction. Said inspector shall
either personally or through his deputy or
den plantation, park cemetery, private or
chard, public places, and any place that
he has reason to suspect is infected with
San Jose scale or other injurious insects.
or fungus diseases. For this purpose he or
his deputy or deputies shall have free &C
cess to any field. garden, packing grounds,
buildings, cellar, or other place where his
duties of carrying out the provisions Of
attempting to hinder such inspection by
Misrepresentation or otherwise shall be la
BILE to the payment of penalty or forfeiture
as hereinafter provided.
Section 1892. In case the inspector
shall find present on any nursery premises
or packing ground or in any cellar or
building used for storage of nursery stock,
any of the aforesaid San Jose scale or 9TH
err injurious insects and fungus diseases,
he shall notify the owner or person hav-
ing charge of the premises, in writing, to
that effect, and if such owner, after re-
ceiving such notice shall ship or deliver
any trees, vines. shrubs. or plants affected
by said San Jose scale or other injurious
insects and fungus diseases, he shall be sub
ject to payment of penalty or forfeiture as
hereinafter provided.
Section 1913. If the inspector in
carrying out the provisions of this act
shall find upon examination any orchard,
small fruit plantation, park, cemetery, or
any public place infested with San Jose
scale or other injurious insects and fungus
diseases he shall notify the owner or the
person having charge of the premises shall
person having charge of the premises shall
within ten days after such notice take
steps to remove infested trees, plants, or
shrubs, as directed by the inspector. Fail
ject to penalty or forfeiture as hereinafter
provided.
Section 1494-4. Whenever any trees,
shrubs, plants or vines are shipped into
province without certificate plainly fixed
on outside of package, box, or car contain
ing the same showing that the contents
have been inspected by a duly appointed
state or government official, showing that
they are apparently free from San Jose
scale other Injurious insects or fungus
diseases the fact must be promptly re-
ported 10 said inspector by the railroad,
express. or steamboat company. or other
persons carrying the same, with the STATE
ment CT the source when such articles
came and the party to whom they are adj
dressed: Further. said carrier shall re-
fuse all such shipments of nursery stock.
Failure to comply with this provision of
this act shall be subject to fine of not
less than fifty dollars and not more than
one hundred dollars.
Section 1494-5. Any person growing
or offering for sale in this state stock
that is known to be infected with San Jose
scale or other injurious insects and fungus
diseases SHALL upon demand of inspector,
furnish within ten days list of all per-
sons so far as to him known to whom he
has sold or delivered any such stock, to-
gether with the postoffice address Of each
of such persons so far as to him known;
such information shall be preserved and
be for the sole use of the inspector In car
rying out the provisions of this act ANY
person violating the provisions Of this sec
tion shall be liable to payment of penalty
or forfeiture as hereinafter provided.
Section 1494-6. Said orchard and nur-
sery inspector shall cause to be issued to
owners of any nursery in this state after
the nursery stock has been inspected by
authorized official inspectors and found to
be apparently free from San Jose scale
and other injurious insects and fungus dis
eases, a certificate setting forth the fact
of such inspection and a license permitting
any nursery so inspected to offer for sale
nursery stock in this state. The license and
certificate to run not to exceed one year.
The cost of each such license shall be ten
dollars. No person, firm &c corporation shall
engage or continue in business of selling
fhn fofQ iYarl into %ha
state fruit trees, plants, or nursery stock
without first having obtained license to
do business in the state as provided by
this act. Agents and others Offering for
sale nursery stock in this state shall be
required to obtain duplicate copy of the
license held by the principal from the
chard and nursery inspector at the cost Of
one dollar each. Failure to comply with
this requirement shall be subject to the
payment of penalty or forfeiture as here
matter provided.
Section 1494-.7. ANY person, firm, or
corporation outside of the state may OBJ
tain license to sell plants or nursery
stock in the state upon the payment Of
ten dollars and by filing copy of official
inspection with the nursery inspectors to
the effect that said stock has been duly in
spected by authorized inspector. Agents
and others selling nursery stock in the
state for any nurseries outside of the state
shall be required to carry a duplicate copy
of the license held by the principal. Said
duplicate licenses to be issued only by the
official inspector at the cost Of one dollar
for each duplicate license issued. Per-
sons. firms, or corporations doing mail or
der business in this state shall be required
to take out a license in the same matters.
and merchants and others retailing nur-
sery stock of any description when not act
ing as agents shall be required to take out
a license. Any person, persons. or COM
pany importing plants or nursery stock
from foreign countries shall notify the in
spector of such shipment, It's date Of ar
rival nature of the shipment, and shall
hold such shipment unopened until duly in
spected and released by the Inspector. If
acting as agents for party or parties
tain agents duplicate license. Failure to
comply with this requirement may be sub
ject to payment of a penalty or forfeiture
as hereinafter provided.
Section 1494-S. Any person or COM
pany who shall engage in the selling and
shipping Of fruit trees in the state Is here
by required to obtain from the orchard and
nursery inspector official tags upon which
certified copy of the license shall be
printed. and each package, box, or carload
lot shall be provided with such tags. Said
tags to be issued only by the official in
spector at a cost not exceeding thirty cents
| per hundred. Failure to comply with this
provision shall be liable to the payment
of a penalty forfeiture of license as
hereinafter provided
Section 1494-9. Growers Of small
fruits not engaged in a regular nursery
business who may exchange or give away
plants in their immediate vicinity, and so
long as such exchanging is confined with
in the state, shall not be required to take
out license. The selling or barterng of
trees, shrubs, or plants by an unlicensed
person or persons with a person or per-
sons holding a license doing regular nur-
sery business is prohibited by this act.
Section 1494-10. The state orchards