Martinsburg statesman-democrat. [volume] (Martinsburg, W. Va.) 1906-1921, 1912-12-13

erty of others; and such infested or
infected property must not be remoy
ed from the premises after the own
er or person in charge of the same
shall have been notified as aforesaid,
without the written permission of
said director or his assistants.
"If the person so notified shall re-
fuse or neglect to treat and disinfect
said premises or property in the man
ner and within the time prescribed
by the director or his assistants, he
shall be guiltyaof a misdemeanor, and
upon conviction thereof shall be fined
not less than twenty-five nor more
than one hundred dollars; and It
shall be the duty of the director or
his assistant TO report to the prosecu-
ting attorney of any county when no
tiee is given to the owner of any or
chard to disinfect or treat his prem
Uses, and the prosecuting attorney
shall make diligent inquiry to ascer-
tain whether such order has been
complied with"
| have communicated with the
Attorney General of the state as to
my authority under this act and his
reply reads in part as follows:
you further state that there is no
satisfactory way of controlling the
disease, and that in the opinion of
one of your experts the only remedy
Is to cut down the cedar lrees in the
vicinity of growing orchards. You al
so state that the cedar trees in the
neighborhood of these orchards have
M commercial value. You inquire
whether or not, under the provisions
of section 8, chapter ~, acts of 1907,
you and your inspectors have author
ity to condemn these trees
He then quotes the act cited, and
proceeds;
Anything which breeds an infect
ious disease liable to spread or be
conveyed to other premises to the in
jury of the property thereon Is de-
clared a nuisance, and may be con-
demned by you Or your assistants in
the manner theyein described After
careful examination of this statute,
in connection with in the information
given in your letter, | am clearly OF
the opinion that this cedar rust comes
from the trees, and | am of the opin-
ion that you have the right to order
the owner OF such cedar trees as are
likely TO spread this infectious dis
ease TO the injury of the property of
another, TO use such means as you
or your assistants deem proper to
prevent the spread of this disease to
the property of others, and that you
have the right to proceed as TO them
in the manner provided in the above
quoted section"
In view of this opinion, II is my
purpose to do everything possible TO
aid the fruit growers of the eastern
panhandle in the eradication of ced-
ar trees which harbor this disease.
! therefore request that all orchard
owners who are troubled with cedar
rust, and who know of cedar trees
on adjoining premises from which the
disease may spread, request the own
ers OF such cedar trees TO cut and de-
stroy them at once. If this is not
done by December %, 1912. the own
ers OF such orchards should eommnn-
icate with me. making a definite
statement of what premises adjoin
them upon which there are such ced-
ar trees which the owners do not
promptly remove. | will then order
the owners of places harboring such
cedar trees, and request them to de-
stroy them before January Is. 1913,
as required in chapter 70, acts 1907.
II such trees have not been cut by
January Is, 1918, a copy Of this no