The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-07-15
| No. 1894, 81. Published June 10, 1909
Iar11I2

No. 1894, 81. Published June 49,, 1909.
CHAPTER 468, LAWS OF 1909.
AN ACT to repeal sections 1494-1 to 1894
10, inclusive, Of the statutes, and to
create twelve new sections to be num-
bered 1914 to 1494-1O. inclusive,
and 1870 and 1494-1Om of the
statutes relating to the introduction of
San Jose scale and other Injurious In.
sects and fungus diseases and to the
inspection Of orchards. nurseries, parks,
cemeteries. and other public places.
The people Of the State of Wisconsin. rep
resented In Senate and Assembly, do en-
Section /. Sections 1901, 1862,
i494-S; 1901 1915, 1855, 1894
the statutes are repealed q
Section 2. There are added to the stat
utes twelve new sections to be numbered
from 1901 to 1910, respectively, and
1494--10l and 1494-1Om, to read Sec
ton l404-1. 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
deputies, inspect any nursery, fruit, or gar
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 ac-
cess to any field, garden packing grounds,
buildings, cellar, or other place where his
duties of carrying out the provisions of
this act shall call him. and any person
attempting to hinder such inspection by
representation or otherwise shall be liza
bic to the payment Of penalty or forfeiture
as hereinafter provided.
Section 1912 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,
ne Shall notify the owner or person hay
Ing charge of the premises, in writing, to
that effect, and ifsuch 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 SUBJ
Ject to payment of penalty or forfeiture as
hereinafter provided.
Section 1494--3.' II 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
writing to that effect, and the owner or
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
ure to comply with this act shall be sub
ject to penalty or forfeiture as hereinafter
provided. r@..-'--r=-~ ~.
Section 1494-4. Whenever any trees,
shrubs, plants, or vines are shipped into
this state from another state, country, or
I province wi hout certificate plainly fixed
On outside OF package, box, or car contain
ing the same. showing that the contents
state or government official, showing that
they are apparently free from San Jose
scale or other injurious insects or fungus
disease the fact must be promptly re-
ported 10 said Inspector by the railroad,
express, or steamboat company. or other
perso,is carrying the same, with the stare
ment of the source when such articles
came and the party to whom they are ad
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 postofice 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
! ton 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
! or 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 or corporation shall
! engage or continue In business of selling
| within the state or importing into the
| 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 or
/ 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 fling a copy of official
inspection with the nursery inspectors to
the erect 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 duplicate COW
| 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 license in the same matters
| and merchants and others retailing mr.
sery stock of any description when not act
ing as agents shall be required to take out
| license Any person, persons, or com
! pany importing plants or nursery stock
from foreign countries shall notify the In
| spector of such shipment, its date of ar
! rival. nature Of the shipment, and shall
hold such shipment unopened until duly In
spected and released by the Inspector II
acting as agents for party or parties
! holding license, they are required to OBJ
tain agents duplicate license. Failure to
| comply with this requirement may be sub
ject to payment of a nenalty or forfeiture
as hereinafter provided
Section 14a4-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, hox, or carload
lot shall be provided with such tags Said
tags to be Issued only by the official in
spector at cost not exceeding thirty cents
per hundred. Failure to comply with this
provision shall be liable to the payment
of penalty or forfeiture of license as
| hereinafter provided
Section 1494-9 Growers of small
fruits not engaged In q 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 bartering OF