The Palatka news and advertiser., 1915-07-16
COURT SUSTA|NS
STATE PLANT BOARD
In Its Fight Against Citrus
Canker-Injunctions
Dissolved.

In the circuit court at Miami on
Monday morning last, Judge H.
Pierre Branning handed down an or
der dissolving the temporary injunc-
tion against the State Plant Board
in the cases instituted by W. o.
Shepard and three others of Dade
county against the board.
The order by Judge Branning al
so overrules the demurrer to the bill
of complaint, thus in effect sustain
ing the plant board in the contention.
These suits were entered by own
ers of citrus fruit groves in an effort
to restrain the Florida Plant Board
from trees which are attacked by the
citrus canker. Voluminous oral and
documentary testimony was introduc-
ed, the hearings covering long pc
riod of time and attorneys not being
limited as to their arguments. No
denials were made of the existence of
the disease among the trees, but
the complaint was as to the regu-
larity of the method by which the
Plant board has proceeded to eradi-
cate it. Experts who testified were
unanimous in their opinion that the
only remedy known at the present
time is the burning process and that
no other adequate method has been
suggested.
A temporary restraining order had
been secured against P. K. Yonge, E.
L. Wartmann, T. B. King, W. d.
Finlayson and F. E. Jennings, men,
bers of and constituting the State
Plant Board, and W. H. Wolfe, w. j
Krone and Lloyd S. Tenny, members
of the advisory committee acting in
charge of the bord.
Judge Branning's Order.
The order by Judge Branning is
as follows:
"This day this cause coming on to
be heard upon bill of complaint and
motion to dissolve the temporary re-
straining order heretofore entered in
said cause, and having been duly con-
sidered by the court, upon affidavit
and testimony in behalf of the res.
pective parties, and by argument OF
counsel:
"The court finds that pursuant tc
law as declared by the Florida Plant
Act of 1915 a notice, to-wit: the Ger,
tain notice, copy of which is 81
tached to bill of complaint, was serv.
ed upon the complainant;
"That under Section IA of tht
Florida Plant Act it is provided tha'
any person affected by any rule Of
regulation made, or any notice giver
pursuant to this act, may have re
view thereof by the board for tht
purpose of having such rule or regu
lations or notices modified, suspend
ed or withdrawn. Such review shal
be allowed and considered and tht
cost thereof fixed, assessed, collected
and paid in such manner and in &C
cordance with such rules and regu
lations as may be prescribed by th'
,, board:
"That pursuant to such provision
, Rule 7 has been adopted by the Stat
Plant Board, which provides a pro
cedure for review That subsequen
to the service of said notice com
planned of, there has been held
hearing by the State Plant Board t
review the notice complained against
,, and that the said board has affirme
:, the action of its inspectors:
"That the provisions for the pre-
lection of the individual owner with
in the purview of the Florida Plan
: Act of 1915 have in effect been CON
piled with by said board:
at is therefore ordered, adiude
y ed and decreed that the motion c
3 the defendant to dissolve the ten
uorary restraining order heretofor
issued be and the same is hereb
granted, and the said temporary re'
q training order is hereby dissolve
! and discharged.
"Said cause having been furthe
j, heard upon demurrer to bill of con
plant, and the court being advised
. the premises, ard it appearing I
the court that at the time the sal
=, bill was filed it stated a cause {
:. action warranting the issuance of ten
. porary injunction, it is ordered tn;
said demurrer be and the same
Iber1hv ovarruled "