Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1909-07-14
No. 394, 81. Published june 10. 1909
CHAPTER 46S, LAWS OF 1909.

create twelve new sections to be num-
bered 1494-l to 1910, inclusive,
and 1494-10l and 1494-1om of the
statutes, relating to the introduction OF
San Jose scale and other injurious In
sects and fungus diseases. and ~ the
inspection of orchards, nurseries, parks,
cemeteries, and other public places.
The people of the State of Wisconsin, rep
resented in Senate and Asse--Jly, do en-
act as follows:
Section 1. Sections 1494-1, 1892,
-, 1913, 1494-9, and 1494-10 Of
the statutes are repealed.
Section 2. There are added to the stat
utes twelve new sections. to be numbered
from 1494-1 to 1910, respectively, and
1494-10I 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
Deputies, inspect any nursery. fruit, or gar
den plantation, park, cemetery, private or
ehard. 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
Misrepresentation or otherwise shall be, liza
bic to the payment Of penalty or forfeiture
as hereinafter provided.
Section 1902. 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
er injurious insects and fungus diseases,
he shall notify the owner or person hav-
ing charge of the premises. in writing, to
that effect and IL 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 1494-3. If the inspector in
carrying out the provisions of this act
shall find upon examination any orchard,
small fruit plantation. park. cemetery, a
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 IS directed by the inspector. Fail
ure to comply with this act shall be sub
ject TO penalty or forfeiture as hereinafter
provided.
Section 1904. Whenever any trees.
shrubs plants, or vines are shipped into
this state from another state, country, or
province without certificate plainly fixed
on outside Of package. box. or car contain
the same, showing that the contents
we b,en inspected by lily appointed
state or government Official showing that
they are apparently IEee from San Jose
scale or other INJURIOUS insects or fungus
diseases. the fact must be promptly re-
ported to said inspector by the railroad,
express, or steamboat company, or other
persons carrying the same, with the state
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 a fine of not
less than fifty dollars and not monT than
one hundred dollars.
Section 1494-5. Any person growing
or offering for sale In this stute 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 a list of all per
sons so far as to him known to whom he
has sold 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
ton shall be liable to payment of a penalty
or forfeiture as hereinafter provided.
Section 1916. 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
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 or corpora tion 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 a 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 a 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 1871 ANY person. firm, or
corporation outside of the state may OBJ
tain a license to sell plants or nursery
stock in the state upon the payment Of
ten dollars and by filing cory 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 ut the cost Of one dollar
for each duplicate license issued. Per-
sons. firms. or corporations doing mail or
der business In this state shall he required
to take out 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, its date vi 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 patty 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 penalty or forfeiture
as hereinafter provided
Section 1905 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
a certified copy OF the license shall be
printed. and each package, box, or carload
lot shall he provided with such tags. Said
tags TO be issued only by the Official in
spectoT st q 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
business who may exchange or give away
pants 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 baTtering OF
trees, shrubs. or plants by an unlicensed
sons holding a license doing regular nur-
sery business Is prohibited by this act.
Section 1870. The state orchards
and nursery inspector Is hereby authorized