The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-10-08
Cedar. I3ust Law Valid

Judge Woods, OF the Berkeley
county circuit court handed down
an opinion in which he holds that
the law under which the West Vfr-
ginia Crop Pest Commission has
been endeavoring to cut down all
cedar trees affected with cedar rust.
lis constftutionaland can be enforced
for the purpose of protecting
apple orchards from the disastrous
losses occasioned by cedar ruse.
It will be remembered that when
agents OF the Commission attempted
last February to enter the premises
Of Berkeley county farmer In or
der to cut diseased cedar trees which
were menace to several large
nearby orchards, this farmer caused
the agents concerned to be arrested
and later individually indicted for
malicious trespass. In addition an
indictment FOR conspiracy was secur-
Led against the agents collectively
Furthermore, suit was brought
against the members OF tho crop
peet commission and the court was
asked to issue an injunction re-
strainfng the commission from cut
ting or destroying any trees or
shrubs upon the lands involved The
Unconstitutional since it interfered
with the rights Of enjoying private
property and with several other pro-
visions OF the constitution.
The cedar rust question was
freely discussed in Berkeley county
and considerable feeling developed,
owing to the extent and value of the
orcharding industry which had st1f-
fered thousands of dollars damage
every year from this disease that is
harbored by cedar trees and spends
"a part OF IT'S life upon the apple fruit
and foliage. not only disfiguring the
fruit, but weakening and endanger-
ing the life OF the tree. The nys-
terious and technical nature Of this
fruit enemy-a fungotls disease
which spends the two different parts
of its life I'm entirely different forms
the case much more dlf-
ficult to fully underst>fld. Many
farmers asserted positively that the
balls CIR apples" found upon cedar
trees had absolutely nothing 10 do
with the disii cured and discolored
condition of apples in orchards from
one half mile to one mile distant.
However, experts from the agricul-
tural experiment station at Morgan
town, had repeatedly demonstrated
that the removal of the cedar trees
would prevent cedar rust upon the
apples, and the majority of fruit
L
| see the necessity of removing the Of
| Tending cedar trees. The further
fact that practically all these cedars
are Worthless, so far as timber
value is concerned, made is more
Imperative that the trees be cut at
once.
The cases in the courts developed
slowly from one legal step to an
other. In time the criminal cases
were all either decided In favor of
the defendant or noliied, and finally
upon motion to amend the injunc-
ton so as to allow the commission
to proceed to carry out the provis-
ions of the act as IT now stands, the
question of constitYtfonality was
drought squarely to the front.
Judge Woods's decision that the
4 act is constitutional was influenced
/ somewhat by presidents In Kansas
lease OF almoss identical nature and
in Connecticut case where the ght
to enter premises ana destroy trees
affected With peach yellows was
questioned and declared constftu-
.tionAl.
The recent ruling of Judge Woods
will greatly strengthen the work Of
. x liais -lt