charge and produce any witnesses in relation thereto. The judge must by order fix such time and place for the hearing and examination in open court as will give a reasonable opportunity for the production and examination of witnesses. Such order must be entered in the minutes of the court by the clerk and a certified copy of the same served on such person. The judge may also order that notice of the arrest of such person and the hearing of the charge be served on such relatives of said person known to be residing in the county, as the court may deem necessary or proper. The hearing and examination shall be had in compliance with the provisions of sections 2169 and 2170 of the Pontical Code. The judge, after such hearing and examination, if he believes the person is so far addicted to the intemperate use of narcotics or stimulants as to have lost the power of self-control, or is subject to dipsomania or inebriety, must make an order that he be confined in a hospital for the care and treatment of the insane, designated in such order, and the order must be accompanied by a written statement of the judge as to the financial condition of the patient and of the persons legally liable for his maintenance, as far as can be ascertained. Such order and statement shall be in substantially the form provided by section 2171 of the Political Code for the commitment of insane persons. court shall commit such person for a definite period, not to exceed two years, but provided that he may be paroled by the medical superintendent under the same rules and conditions that the insane are paroled. Such person shall be delivered to the state hospital for the insane to which he has been committed in compliance with the provisions of section 2172 of the Political Code, providing for the commitment and deliv erance of an insane person. [New section. Became a law, under constitu tional provision, without governor's approval, March 20, 1911; Stats. 1911, p. 396.]

§ 2188.

Citations. App. 11/533.

Moneys due state.

The

§ 2193. Each county auditor must include in his state settlement report rendered to the controller in the months of May and December the amount due the state under this act by reason of commitments to the home for feeble-minded; and the county treasurer, at the time of the settlement with the state in such months, must pay to the state treasJurer, upon the order of the controller, the amounts found to be due to the state by reason of the commitments herein referred to. In the event of the failure of the county auditor or county treasurer to do or perform any of the things required in this section, the state commission in lunacy may require the county treasurer by writ of mandate to pay to the state treasurer upon an order of the controller all amounts found to be due to the state as aforesaid at the time of the next settlement of the said county treasurer with the state, and it shall be no defense to such a proceeding that the county auditor has failed to in

clude such sums in his said report rendered to the controller, and it shall not be necessary for the said commission to allege or prove any fact with relation to the condition of the funds of the county. The said commission may, in its discretion, recover sums due from counties as in this chapter provided, by the presentation of claims against the board of supervisors, and recovery may be had on all sums due the state for a period of three years next prior to the presentation of any such claims. [Amendment approved February 27, 1911; Stats. 1911, p. 86.] § 2314.

Citations. Cal. 157/423.

Commissioner of horticulture, appointment, term, etc.

§ 2319. The state commissioner of horticulture of California shall be a citizen and resident of this state, and his term shall be for four years, and until his successor is appointed and qualified. The governor may remove such commissioner from office at any time upon filing with the secretary of state a certificate of removal signed by the governor. In the case of vacancy in said office by death, resignation, removal from office, or other cause, the governor shall fill the vacancy for the unexpired term. In appointing such commissioner and his successor or suecessors, it shall be the duty of the governor to disregard political affiliations, and to be guided in his selection entirely by the professional and moral qualifications of the person so selected for the performance of the duties of said office. Said commissioner shall be a civil executive officer. The salary of said commissioner shall be four thousand dollars per annum, and he shall be allowed his traveling and incidental expenses necessary in the discharge of his duties. For the direction and accomplishment of his work the said commissioner may and is hereby empowered to appoint certain deputies, secretary, quarantine officers, superintendents, assistants, and clerk as hereinafter provided, who shall hold office at the pleasure of said commissioner and perform any and all duties pertaining to their office or employment which the said commissioner may require of each of them, and may be removed from office or position at any time by said commissioner filing with the secretary of state a certificate signed by said commissioner so removing such deputy, secretary, quarantine officer, superintendent, assistant, or clerk. The traveling and other necessary expenses incurred by the officers and employees herein provided for in the performance of their duties shall be paid from the funds appropriated for the support of the office of the state commissioner of horticulture. Said commissioner may arrange his office into three divisions, to wit: executive office, quarantine division, insectary and pathological division. Said commissioner may appoint a chief deputy who shall be an expert entomologist and horticulturist and shall have charge of the work in the field and shall represent the commissioner ex officio with the county horticultural commissioners when so authorized in accordance with the provisions of the law. Such chief deputy shall receive a salary of two thousand four hundred dollars per

annum. Said commissioner may appoint a secretary, who shall be a civil executive officer. Said secretary shall be versed in horticulture and entomology and shall compile such bulletins and such publications as may issue from the office of said commissioner from time to time, and shall perform all other duties as may be required of him by said commissioner. Such secretary shall receive a salary of two thousand four hundred dollars per annum. Said commissioner may appoint a clerk whose salary shall be one thousand five hundred dollars per annum. The main office of such commissioner shall be at the city of Sacramento. The secretary of state shall furnish and set aside at the capitol a room or rooms suitable for offices for said commissioner, and if the secretary of state shall make and file an affidavit with the said commissioner stating that it is not possible for him, as such secretary of state, to provide and set aside an office for said commissioner in the capitol or in any state building under his control, because there is no such office room or rooms available, then, and after the making and delivery of such affidavit to such commissioner, the said commissioner may rent rooms convenient and suitable for his offices at a rental not to exceed

one thousand dollars per year. The office of said commissioner shall be kept open every day except holidays, and shall be in charge of the secretary, during the absence of the commissioner. Said commissioner may

also keep and maintain an office in the city and county of San Franeisco at a yearly rental not to exceed the sum of five hundred dollars. Said commissioner may appoint for the work of the quarantine division a chief deputy quarantine officer who shall be a skilled entomologist and particularly conversant with the nature of foreign insect pests and diseases and effective means of preventing their introduction, and shall have charge of the commissioner's San Francisco office provided for in this section of this act. Such chief deputy quarantine officer shall receive a salary of two thousand four hundred dollars per annum. Said commissioner may appoint a deputy quarantine officer who shall be a competent entomologist for the purpose of quarantine work. Such deputy quarantine officer shall receive a salary of one thousand eight hundred dollars per annum. Said commissioner shall also properly maintain and operate the state insectary located on the state capitol grounds in Sacramento from funds provided by law for such purpose, and shall appoint for the work of the insectary division a superintendent of the insectary, who shall be an expert entomologist able to perform all the necessary duties with reference to the importation, rearing and distribution of beneficial insects. The salary of the superintendent of the state insectary shall be two thousand four hundred dollars per annum. Said commissioner may appoint an assistant superintendent of the insectary, who shall be an economic entomologist, at a salary of one thousand eight hundred dollars per annum. Said commissioner may appoint a field deputy for the insectary division, who shall be a practical entomologist and whose salary shall be one thousand five hundred dollars per annum. The salaries of all the officers above mentioned shall be paid at the same time and in the same manner as the salaries

of other state officers. Said commissioner may also appoint, by and with the approval of the governor, such temporary deputies from time to time as may be required and such temporary deputies shall receive such reasonable compensation per diem as may be fixed by said commissioner. [Amendment approved April 26, 1911; Stats. 1911, p. 1127.]

Duties of commissioner of horticulture. State horticulture quarantine officer.

§ 2319a. Such commissioner shall collect books, pamphlets and periodicals and other documents containing information relating to horticulture and shall preserve the same; collect statistics and other information showing the actual condition and progress of horticulture in this state and elsewhere; correspond with horticultural societies, colleges and schools, and with the county horticultural commissioners existing or that may exist in this state, and with all other persons necessary to secure the best results to horticulture in this state. He shall require reports from county horticultural commissioners in this state, and may print the same or any part thereof as he may select, either in the form of bulletins or in his annual reports or both, as he shall deem proper. He shall issue and cause to be printed and distributed to county horticultural commissioners in this state, and to such other persons as he may deem proper, bulletins or statements containing all the information best adapted to promote the interest and protect the business and development of horticulture in this state. Such commissioner shall be deemed to be the state horticultural quarantine officer mentioned in that certain act entitled, "An act for the protection of horticulture, and to prevent the introduction into this state of insects, or diseases, or animals injurious to fruit or fruit trees, vines, bushes or vegetables, and to provide for a quarantine for the enforcement of this act," which became a law under constitutional provisions without the governor's approval on March 11, 1899, for the purposes of that act, and shall be empowered to perform the duties which under that act are to be performed by the state horticultural quarantine officer; provided, that in any case where it shall become necessary in the judgment of the state commissioner of horticulture to quarantine a county or district within the state against another or other county or counties or districts within the state, or to quarantine the state or a county or district of the state against another state or a foreign country or countries then it shall be necessary that said quarantine shall be made by and with the approval of the governor as provided in this chapter.

The state commissioner of horticulture may issue commissions as quarantine guardians to the county horticultural commissioners, the deputies and inspectors appointed by them. [Amendment approved April 26, 1911; Stats. 1911, p. 1129.]

Quarantine regulations.

§ 2319b. Said commissioner may, by and with the approval of the governor, establish, maintain and enforce such quarantine regulations

as may be deemed necessary to protect the nurseries, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit-pits, fruit, seeds, vegetables or other articles of horticulture, against contagion or infection. by injurious disease, insects or pests, by establishing such quarantine at the boundaries of this state or elsewhere within the state, and he may make and enforce, with the approval of the governor, any and all such rules and regulations as may be deemed necessary to prevent any infeeted stock, tree, shrub, plant, vine, cutting, graft, scion, bud, fruitpit, fruit, seeds, vegetable or other article of horticulture, from passing over any quarantine line established and proclaimed pursuant to this act, and all such articles shall, during the maintenance of such quarantine, be inspected by such commissioner or by deputies appointed in writing by said commissioner, and he and the deputies so conducting such inspection shall not permit any such article to pass over such a quarantine line during such quarantine, except upon a certificate of inspection signed by such commissioner or in his name by such a deputy who has made such inspection. All approvals by the governor given or made pursuant to this act shall be in writing and signed by the governor in duplicate, and one copy thereof shall be filed in the office of the secretary of state and the other in the office of said commissioner before such approval shall take effect. [Amendment approved April 26, 1911; 4 Stats. 1911, p. 1130.]

Infectious diseases, etc. May establish quarantine.

§ 2319c. Upon information received by such commissioner of the existence of any infectious disease, insect or pest, dangerous to any article, or to the interests of horticulture within this state, or that there is a probability of the introduction of any such infectious disease, insect or pest into this state or across the boundaries thereof, he shall proceed to thoroughly investigate the same and may establish, maintain and enforce quarantine as herein before provided, with such regulations as may be necessary to circumscribe and exterminate or eradicate such infectious diseases, insects or pests, and prevent the extension thereof, and is hereby authorized to enter upon any ground or premises, and inspect any stock, tree, shrub, plant, vine, cutting, graft, scion, bud, fruit-pit, fruit, seed, vegetable or other article of horticulture or implement thereof or box or package pertaining thereto, or connected therewith or that has been used in packing, shipping or handling the same, and to open any such package, and generally to do, with the least injury possible under the conditions to property or business, all acts and things necessary to carry out the provisions of this chapter. [Amendment approved April 26, 1911; Stats. 1911, p. 1131.]

Pests to be reported to county horticultural commissioners. Duty of commissioners.

§ 2319d. Upon the discovery of any infectious disease, insects or pests, such commissioner shall immediately report the same to such quarantine guardians, county horticultural commissioners or county boards