Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-06-09
STATE HOUSE.
Agents for Nursery Stock
Must Have License.
Opinion in Matter Rendered by
Attorney General PhI|brook.
Governor FernaId Announces the
Monthly List Of Nominations.
STATE HOUSE CALENDAR.
Next Meeting Of Governor and Council
Tuesday,, June IS, at $50 A. M.

Attorney NItIeTdl w. 4. fnllOrOOk OF
Waterville rendered an opinion Tues
day upon the act passed by the last
Legislature relative to the purchase
and shipment Of nursery stock, the
opinion being rendered at the request
of Prof F.. F. Hitchings, the State
entomologist connected with the de-
partment of agriculture. General
Philbrook's letter covering the points
referred to by Prof Hitchings is as
follows:
You invited my opinion upon two
points relative to the purchase and
shipment of nursery stock under the
provisions of p. l.. 1909 Chapter "a.
The first inquiry relates to Revised
follows:
Statutes, Chapter Is, Section 4 as
amended by said p l.. 1909, Chapter
"a. The amended section reads as
follows:
"All nursery stock shipped into this
state from any other state, country or
province shall bear on each box or pack
age a certificate that the contents of said
box or package have been investigated
by a duly authorized inspecting officer,
and that said contents appear to be free
from all dangerous insects and diseases"
I have been informed that it has
been the practice in the past for
owners of nurseries in other states,
countries or provinces, to cause their
nurseries to be inspected annually and
to affix certificate of such nursery in
spection to the goods which they
shipped into the State Of Maine
While this may have been sufficient
prior to the amendment which we are
now discussing, it seems to be per-
fectly plain that the new law cOntem-
plates an entirely different thing. In
deed the amendment is so plain that it
hardly admits of misunderstanding.
1t does not matter when or how
many times the nursery from which
the stock was taken has been in
spected or by whom q am now re-
ferrng to nurseries outside of the
State of Maine,) but the present re-
quirement is that each box or pack
age shipped into this State shall bear
certificate that the contents of that
particular box or package have been
investigated by Il duly authorized in
speeding officer. / go further and say
that in my opinion the intent Of the
law is that if several packages are
contained in one box, then the box it.
self should bear a certificate and that
each package therein contained shall
bear such certificate. BY this means
If there are packages to be delivered
to various customers coming in one
box. the box itself will be amply pro-
tected in transit and each customer
will be protected when his package is
l.; -
taken from the box in which it came.
The second inquiry relates to Re-
vised Statutes. Chapter Is, Section 6
as amended by striking out all of said
section and inserting in place therefor
the following:
Agents or other parties excepting
growers who wish to sell nursery stock
snail make application for an agents IL
cense and shall file with the state ento-
moioglst the names and addresses of nur-
series or parties from which they pur-
chase their stock. On receipt of such ap-
phcation the state entomologist shall is
sue an agents license valid for one year
IN such form and with such provisions
as the commissioner of agriculture may
prescribe. Such license may be revoked
AT any time for failure to report names
and addresses of nurseries from which
stock is purchased or for such other
causes as may in the opinion of the COM
missioner of agriculture he deemed suffi-
cent Any violation of this requirement
snail be fined not less than ten nor more
'han nifty dollars for each offense."
l confess that the intent of the
legislature with reference to this
amendment is not wholly free from
doubt. The words agents sell"
purchase " if used in a strict legal
sense might lead us to one conclusion