account shall be first approved in writing by the Commissioner at Large of the State Board of Horticulture. Before entering upon his duties the State Inspector shall make and subscribe an oath to support the Constitution of the United States and the State of Oregon, and to diligently, faithfully and impartially discharge the duties of his office. This oath shall be filed in the office of the Secretary of State.

Section 4. Any person, persons, firm or corporation who shall bring or cause to be brought into the State of Oregon any nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, or fruit or vegetables, shall immediately after the arrival thereof, notify the State Inspector, if he be in the county in which such articles are received, of their arrival, and hold the same without unnecessarily moving the same or placing such articles where they may be harmful, for the immediate inspection of said State Inspector or county inspector or other person authorized to make such inspection. If there is no State Inspector in the county in which such article is received, it shall then be the duty of such person, firm or corporation to notify the county inspector of the county in which the article is received. If there is neither State Inspector or county inspector in the county in which such article is received then it shall be the duty of the person, firm or corporation to notify the commissioner of the State Board of Horticulture for the district which includes said county who shall make immediate arrangement for the inspection of such article or articles. The commissioners of the State Board of Horticulture and their deputies, the secretary of the State Board of Horticulture, the State Inspector and the county inspectors and their deputies are hereby authorized and empowered to enter at any time into any car, warehouse, depot or upon any ship within the boundaries of the State of Oregon, whether in the stream or at the dock, wharf, mole or any other place where such nursery stock or fruit or vegetables or seed or other such articles are received, or in which any of such articles are imported into the State, for the purpose of making the investigation or examination to ascertain whether such articles are infested with any injurious insects or their eggs, larvæ or pupæ or other animal or plant disease. If, after such examination or inspection, any of said articles are found so infected or infested, then it shall be the duty of the owner, owners, or persons, firm or firms or corporation having charge or possession thereof to so disinfect at his or their expense such portion or portions of the ship, dock, wharf, mole or car or warehouse or depot where such articles may have been located

in such manner as to destroy all infection or infestation present, and all articles apt to be so infested or infected shall be held until the said articles have been thoroughly disinfected and all injurious insects, or their eggs, larvæ or pupæ or other animal or plant diseases have been eradicated and destroyed; provided, however, that all articles of nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, fruits, vegetables or seed which are infested or infected with injurious insects or their eggs, larvæ or pupæ or other animals or with injurious plant diseases liable to cause damage in this State, shall be destroyed or re-shipped out of the State as hereinafter provided.

Section 5. When any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, grafts, scions, buds, fruit pits, or fruit or vegetables or seed imported or brought into this State is found infested or infected with any injurious insects or their eggs, larvæ or pupæ or other animals or with any plant disease liable to be detrimental to orchards, vineyards, gardens or farms in Oregon, or any part thereof, and the nature of the animals or insects or diseases is such that there will not be danger of the escape or spread of such animals, insects or diseases if the infested or infected articles are promptly shipped out of the State, then the State Inspector, county inspector or other person duly authorized to make inspection of such articles and who has made such inspection shall notify the owner or persons, firm or corporation having possession or control of said articles to ship the same out of the State within a specified time, the limit of which shall be not less than 48 hours nor more than 10 days, according to the nature of the insects or diseases, and it shall be the duty of such owner or owners, or persons, firm or corporation to so ship said articles, but such shipment shall be made under the direction of the officer making the inspection and shall be at the expense of the owners, his or their agents. In case of a failure of the owner or owners or his or their agents to comply with the notice the said articles shall be destroyed by said officer at the expense of the said owner or owners, his or their agents. When any carload, case, box, package, bale or bundle of such articles is in part infected or infested and the nature of the infestation or infection is such that the portion of shipment which is not infested or infected can be separated from the portion which is infected or infested without danger of escape from the infested or infected articles of the insects, their eggs, larvæ or pupæ, or the animals, or the disease or diseases with which such articles are infested, and the owner or person, firm or corporation having control

or possession of such articles desires to separate the portion not infested nor infected from the portion which is infested or infected the officer making the inspection shall give a permission in writing to make such separation within a time specified in such permission, which time shall be reasonable for the performance of the work, but with due regard to the safety of the State; such permission shall be granted only upon the condition that the owner or owners or his or their agents make such separation and destroy all the infested or infected portion at his or their own expense and under the supervision of the officer doing the inspection or of some person authorized by him to supervise the work of separation and destruction, and shall pay for the services of the person authorized to supervise such work when it is necessary for the officer making the inspection to authorize and depute some person to supervise such work. Whenever the official who makes such inspection has other official work awaiting and it appears that the time required for separating and destroying such articles may exceed one hour, he may authorize and depute some proper person to supervise the separation of the uninfested and uninfected articles from the infested or infected articles and the destruction of the infested or infected articles, and the person so authorized shall be paid for his services by the owner or owners or his or their agents for his services while supervising the separation and destruction of such articles. In case of the failure of the owner or owners, his or their agents to comply with the foregoing conditions within the time specified in the written permission, the contents of every such car, case, box, package, crate, bale or bundle containing articles infested or infected as aforesaid, shall be destroyed at the expense of the owner or owners, his or their agents.

When any shipment of any nursery stock, trees, vines, plants, shrubs, cuttings, scions, buds, fruit pits, seeds, fruits, vegetables or other articles brought into the State are infected or infested with any disease or insects or their eggs, larvæ or pupæ which are injurious to trees, plants, vines, shrubs, fruits, vegetables and other plant growths, and the nature of such infection or infestation is such that the shipment can not be re-shipped out of the State without danger of damage to the orchards, vineyards, farms, gardens and their productions, of Oregon, or to any of them, such shipment shall be immediately destroyed by the State Inspector, county inspector or commissioner of the State Board of Horticulture, who shall have inspected the same, or under his direction.

Section 6. Each carload, case, box, package, crate, bundle or bale of trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, fruit or vegetables imported or brought into this State shall have plainly and legibly marked thereon in a conspicuous manner and place, the name and address of the person, firm or corporation shipping the same and the name and address of the consignee; also the name of the country, state or territory where the contents were grown and must show that it contains nursery stock, seedlings or seeds.

Section 7. No person, firm or corporation shall bring or cause to be brought into the State of Oregon any fruit or vegetable or host plant which is known to be, or hereafter may become a host plant or host fruit of any species of the fruit fly family, trypetidae, from any country, state or district where such species of trypetidae is known to exist and any such fruit, vegetable, or host plant, together with its container and packing, shall be immediately destroyed at the expense of the owner or agent.

Section 8. No person, firm or corporation shall bring or cause to be brought into the State of Oregon any peach, nectarine or apricot tree or cutting, grafts, scions, buds or pits of such trees, or any trees budded or grafted upon peach stock or roots that have been in a district where the contagious disease known as "peach yellows", "little peach", and "peach rosette" or any one of them, are known to exist, and any such shipped into this State shall be destroyed or returned to the point of shipment at the option of the owner or agent and at his expense.

Section 9. Any nursery stock, trees, vines, plants, shrubs, cuttings, grafts, scions, buds, fruit pits, fruits, vegetables or other articles infested with any species of injurious insects, or their eggs, larvæ or pupa, which would be liable to cause damage to the orchards, vineyards, farms and gardens and their products, or with any disease liable to spread to fruits, vegetables, trees, vines, plants or any other useful product of the soil in Oregon, are hereby declared to be a public nuisance, and the several commissioners of the State Board of Horticulture, the State Inspector or the county inspector who inspects the same is invested with the power to abate the nuisance in a summary manner.

Section 10. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $100, or by imprisonment in the county jail for a period of not exceeding three months.

THE LAW,

17

Section 11. The members and officers of the State Board of Horticulture and the State Inspector and the county inspectors are authorized to collaborate with the Department of Agriculture of the United States in all matters relating to the inspection of nursery stock, plants, fruits, vegetables, bulbs, seeds or other plant products shipped into the State of Oregon from foreign countries or from other states or territories.

Section 12. Inasmuch as it is a matter of general knowledge that there now exists in portions of the states of Utah and Idaho a dangerous insect pest known as the alfalfa weevil which does great damage to alfalfa, clover, vetch and similar forage plants, which pest is not known to have yet been introduced into the State of Oregon, but would cause a great amount of damage and loss to the farmers of this State if introduced, and there is imminent danger that this pest will be introduced in Oregon by means of hay brought into this State from the infected sections of the states mentioned, and existing laws make no provision by which quarantine can be established to prevent the introduction of this pest, and it is necessary for the immediate preservation of the public health, peace, safety and welfare that legal provision be made for establishing a quarantine against said pest, an emergency is hereby declared to exist and this act shall be exempt from the power of the referendum and shall take effect and be in full force from and after its approval by the Governor.

Section 13. All acts and parts of acts conflicting with

the provisions of this act are hereby repealed.

Filed in the office of the Secretary of State February 26, 1913.

P