The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1912-06-14
THE PALATKA NEWS. JUNE ia. 1s12.

together, the general pure food law
and the immature fruit law and
that, under this construction, it was
the duty of the pure food department
| of the state to make inspections
where complaints were filed and to
secure samples and to hold these
samples subject to inspection by the
proper officials of the law. The Flor.
ida Citrus Exchange requested and
urged the commissioner of agricul.
ture to appoint inspectors to do this
work, offering to defray the expense
if there was no fund available from
the state for this purpose. The whole
line of correspondence developed the
fact that neither the commissioner
Of agriculture nor the state chemist
1esired to or had any intention of
lending their moral support to the en-
forcement of that law, nor to dis
charge the duty devolving upon them
under the opinion rendered to the
commissioner of agriculture by the
attorney general of the state, whose
duty 1t is to advise the agricultural
commissioner and pure food depart.
ment as to their duties in such mat
ters. On October 6, 1911, Commits
sioner McLin addressed a letter to
Mr.. w. G. Temple, general manager
Of the Florida Citrus Exchange, Tam
pa, Fla, in which he says
fI houo ,pfarroI 70 +l,o
general the proposition as to wheth.
er l would be authorized to take any
legal steps as an official under the
immature fruit statute. Should the
attorney general hold that am mis-
taken in my views as to a want of
authority under the provision of the
said immature fruit statute, | shall
conform to his opinion on the sub.
jsct, as he is my legal adviser on
such matters. Having submitted the
question to the attorney general, |
Will transmit to you a copy of his
opinion on the subject"
1t will be seen from the commits
sioner's statement in this letter that
he had submitted the proposition to
the attorney general and that he
would abide by the attorney generals
decision. However, after this decis-
ion was rendered, the commissioner
of agriculture did not change his
views. We were again advised by him
that the immature fruit law was a
general law, that it could be enforc-
ed only by the usual process for en-
forcing general laws, that some citi-
zen should complain to the proper
officers in his county, that this off
Ger should take the usual routine,
and that the fruit should be brought
before court which would determine
on examination whether or not the
fruit was immature within the mean
ing Of the law. There appeared to
be no course open to the growers Of
Florida except through their organi-
cation, the Florida Citrus Exchange.
The Florida Citrus Exchange was.
forced into an atStude of
prosecutor in an effort to have this
law enforced, giving the growers of
this state the protection they were
entitled to in restraining persons
from violating this law, thereby de.
the markets for their prod
uct. A number of arrests were made
In this state for violation of this law
but admittance to houses that were
known to be shipping green and i'm.
mature oranges was forbidden to
growers affiliated with the Exchange
who were interested in the enforce
ment of this law.
At this juncture, some of the larg-
est and most notorious shippers of |
fruit were shipping freely |
and closed their packing houses to |
he public, refusing to admit any per,
son to their houses who could make |
IN inspection and file a complaint, as
sufficient information could not be |
gathered upon which complaint could |
De filed as the complainer had to |
make specific charge that he had |
Jeen this fruit packed, loaded and |
shipped. On October 5, the following |
elegram was sent to B. E. McLin |
he commissioner of agriculture at |
Fla, signed by William
Chase Temple:
Tampa, Fla, Oct. 5, 1911.-Hon.
3. E. McLin, Commissioner of Agri-
culture, Tallahassee, Fla: AS citi.
zen, resident, taxpayer, property own
II and voter, in and of the state of
florida, | hereby inform you that
me s.. ]. Carlton of Arcadia, DeSoto
county, Florida, is daily violating the
fruit law in shipping and
,ffering for shipment immature and
lnripe citrus fruits at and from Ar
;adia in violation of said law, and
he pure food act, and | hereby de-
nand of you, as the sworn state Of
icial whose duty under said act is to
lee to the enforcement thereof,to des-
,atch to Arcadia forthwith an inspec-
or from your department having
proper authority to inspect, seize, con-
lemn and dispose of such immature
itrus fruits so offered in future for
hipment, contrary to laws of state
# Florida, with instructions to said
Inspector to perform his duty under
aid law, and l request you to tele-
,raph me, charges collect, on receipt
# this information, whether it is your
Intention or not to comply with this
emand, so that in case of your re-
usal to perform your sworn duty,
roper steps may be taken as provid
d by law and custom in such cases.
(Signed)
WILLIAM CHASE TEMPLE"
To this Mr.. McLin replied:
Tallahassee, Fla, Oct. 5, 1911.-
Ir. William c. Temple, Tampa, Fla:
rnur telepram receiVed The imma- |