Evening capital news. (Boise, Idaho) 1901-1927, 1919-10-09

packed, sold. shipped or offered for
house, store, salesroom or other
place for the purpose Of being sold,
bartered, shipped or exposed for
sale or barter: Provided, that
nothing in this section shall be con-
strued to prevent the utilization Of
such infected fruit in the manufac-
ture Of canned fruit, evaporated or
dried products, fruit preserves,
jellies. buffers, cider or other fruit
by-products within the state, as
provided in section 1324a.
1.-THE state horticultural inspec-
tor is hereby empowered to make
the necessary rules and regulations
for the carrying out of the provi-
sions of this section"
Section 1324a, referred to, Is as fol-
lows:
ORIGINAL LAW.
Section 1324a.--Eicense to Pur-
chase Infected Fruits for By
products. All persons, firms or cor
porations engaged in the manufac-
ture of canned fruits, evaporated
or dried products, fruit preserves,
jellies, buffers, cider and other
fruit by-products within the state
of Idaho shall procure from the
board of horticultural inspection a
license permitting the purchase of
infected fruits to be used in the
manufacture of by-products only as
herein provided. Said license shall
be $40 per annum, and shall con-
tinue in force for one year from the
date Of issue: Provided, That it
shall not be necessary for any
grower to procure such license for
the manufacture of his own pro-
duction into the by-products above
mentioned. or for the gift. sale or
distribution of such by products"
STATUTES PLAIN.
Attorney General Black says that II
giving his opinion to the commissions
of agriculture. he simply quoted tn,
foregoing statutes and stateo to tn,
commissioner that the law read $,
plainly that 1t did not admit bu
one construction and that construction
Is so plainly expressed in the statut,
that 1t needed no comment
This has been the law Of the state
according to the attorney general. sine,
1909, and was probably prepared To-
the legislature by those people of tn,
state especially interested in tn
growing and sale of fruit in this state
of course, neither the commissions
of agriculture nor the attorney genera
has any power to change the law, an,
IL the law, as quoted above, Is not jus
what the fruit growers of the stat
want. then they should keep 1t in min,
and seek to have the next Legislature
change It," said Attorney Genera
Black.
PURPOSE OF LAW.
"Ths purpose of the law, no doub,
vas to create a high standard in tn
markets for the Idaho products. TIL
objection now being urged Is agains
that provision OF the law which pre-
vents the sale Of the inferior fruits L
by-products companies outside of tn
state OF Idaho.
This demand for permission to sci
to by-products concerns outside Of tn
state seems to be a peculiar situation
that has arisen this year, and be
lieve II the law were changed so a
to permit the sale of such inferior fruit
to by-products companies outside o
the state so as to make an open mar
ket for the same, and have such sal
made under licensed regulations, sucl
as would keep the inferior fruit iron
being used outside of the state for an
purpose except the manufacture o
such by-products, that this would prob
ably remedy the entire situation in tn
future.
But, Of course. II would reauir
the legislature to make such a chang
In the law"