The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1912-06-14

B. E. McLin, Commissioner of Agri-
culture, Tallahassee, Fla: AS a citi-
zen, resident, taxpayer, property own
er and voter. in and of the state of
Florida, I hereby inform you that
one S. ]. Carlton of Arcadia, DeSoto
county, Florida, is daily violating the
immature fruit law in shipping and
offering for shipment immature and
unripe citrus fruits at and from Ar.
cadia in violation of said law, and
the pure food act, and. hereby de.
mand of you, as the sworn state Of
fetal whose duty under said act is to
see to the enforcement thereof,to des.
patch to Arcadia forthwith an inspec.
tor from your department having
proper authority to inspect. seize. con
denim and dispose of such immature
citrus fruits so offered In future for
shipment, contrary to laws of state
of Florida, with instructions to said
inspector to perform his duty under
said law, and l request you to tele-
graph me, charges collect, on receipt
of this information, whether 1t Is your
intention or not to comply with this
demand, so that in case OF your re-
fusal to perform your sworn duty,
proper steps may be taken as provid'
ed by law and custom In such cases.
(Signed)
WILLIAM CHASE TEMPLE"
To this Mr.. McLin replied:
Tallahassee, Fla, Oct. 5, 1911.-
Mr. William C. Temple, Tampa, Fla:
Your telegram received. The imma-
ture citrus fruit law is a general law.
This department has nothing to do
with it's enforcement. The enforce
ment of this law is entirely in the
hands of the district attorney OF that
judicial circuit. The pure food in
spectors have no authority in these
cases. See my letter of July ii, last.
(Signed)
"B. E. McLIN, Com. Agri."
Mr.. Temple then sent this tele-
gram:
Tampa, Fla, Oct. 5, 1911.-Hon. B.
E. McLin, Commissioner of Agricul-
ture, Tallahassee, Fla: My attorney.
with others consulted, disagree entire
ly with your contention. Your let
ter of July IA was believed then and
merely a subterfuge to avoid trou-
blesome but imperative duty. Answer
frankly. Do you refuse to act on
my information in Arcadia matter
Next step already planned awaiting
your decision.
(Signed) "W. G. TEMPLE"
To this Mr.. McLin's reply was:
Tallahassee, Fla, Oct 6, 1911.-Mr.
w. C. Temple, Tampa, Fla: Replying
to your two kilograms which are be-
fore me this morning, the second of
which is improper and uncalled for
on your part, my position is unchang-
ed. See letter.
(Signed)
"B. E. McLIN, Com. Agri"
Our representative who visited the
commissioner of agriculture, in COM
pany with our attorney at Tallahassee,
made a strong appeal to the commits
sioner of agriculture and the state
chemist, pointing out the opinion Of
the attorney general of the state
above quoted, and the commissioner
of agriculture finally agreed to send
an inspector to the packing house.
complained of by Mr.. w. c. Temple.
On November 4, the Florida Citrus
Exchange sent to Hon. B. +. McLin,
commissioner of agriculture, the fol.
lowing telegram:
Tampa, Fla, Nov. 4, 1911.-Hon. b.
E. McLin, Commissioner OF Agricul.
ture, Tallahassee, Fla: In accordance
with your conversation with Quinby.
we earnestly request you to instruct
Inspector Jordan to inspect fruit now
being shipped by s. j. Carlton from
his Arcadia packing house, as these
oranges are immature and unripe and
are being offered for shipment in vio-
lation of the law, and have inspector
seize a sample box of these oranges
and send to state chemist for exami.
ination and if possible analysis for
citric acid and total sugar content.
Will you notify us when seizure Is
made so we may inspect in Tailahas-
see.
"FLORIDA CITRUS EXCHANGE. "
On November the Exchange re-
ceived the following reply from Hon.
B. E. McLin:
Tallahassee, Fla, Nov. 6, 1911. -
Florida Citrus Exchange, Tampa.
Fla: Inspector Jordan wires me that
after careful inspection of fruit In Mr..
Cartons packing house at Arcadia,
he is satisfied Mr.. Carlton is not ship
ping any fruit immature or unfit for
consumption in his judgment. ! ad-
vised not necessary to purchase under
these circumstances.
(Signed)
''B. E. McLIN, Com. Agri."
In reply to this telegram. the Flor
ida Citrus Exchange wired the com
missioner of agriculture as follows:
Tampa, Fla, Nov. s, 1911.-B. r.
McLin, Commissioner of Agriculture.
Tallahassee, Fla: Then We are 10