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 Franeiseo 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

of horticulture of such counties as are affected or liable to be affected by the disease, insect or pest, together with a statement as to the best known means or method for circumscribing, exterminating or eradicating the same, and shall state therein specifically what treatment or method should be applied in each case, as the matter may require, with a detailed statement or prescription as to the method of making or procuring and of applying any preparation or treatment so recommended therefor, and the time and duration for such treatment, and if chemicals or articles be required other than those usually obtainable in any town, the place or places where they are most readily to be obtained; and upon the receipt of such statement by any quarantine guardian, county horticul tural commissioner or county board of horticulture, or any member thereof it shall be the duty of such quarantine guardian, county horticultural commissioner or county board of horticulture to distribute such statement in written or printed form to every person owning or having charge or possession of any orchard, nursery stock, tree, shrub, plant, fruits or article of horticulture within their county, where there may be or be likely to be any danger to the interests of horticulture, and such a statement must be served with or be a part of the notice to be given to the owner or owners or person or persons, in possession of any orchard, nursery, tree, shrub, plants, fruits or other articles of horticulture, referred to, provided for, and required to be served in and by section 2 of chapter 183 of the laws of 1897 or any amendments which have been or may be made thereto. [Amendment approved April 26, 1911; Stats. 1911, p. 1131.]

State commissioner to co-operate with United States authorities. To notify governor of quarantine lines.

§ 2319e. Whenever it shall be necessary to establish quarantine under this chapter, if there be any authorities or officers of the United States having authority to act in such matter, or any part thereof, the said state commissioner of horticulture shall notify such authorities or officers of the United States, seeking their co-operation as far as possible wheresoever the jurisdiction of the United States extends and is being exercised. The said commissioner shall at once notify the governor of all quarantine lines established under or pursuant to this chapter, and if the governor approve or shall have approved of the same or any portion thereof the same shall be in effect and the governor may issue his proclamation proclaiming the boundaries of such quarantine and the nature thereof, and the order, rule or regulations prescribed for the maintenance and enforcement of the same, and may publish said proclamation in such manner as he may deem expedient to give proper notice thereof. [Amendment approved April 26, 1911; Stats. 1911, p. 1132.]

State commissioner ex officio county commissioner.

§ 2319f. The said state commissioner shall be ex officio a county commissioner of horticulture wherever such county commissioner has been

appointed or may hereafter be appointed or exist in this state pursuant to law, whenever he is present and acting with said county horticultural commissioner within such county where such commissioner has been appointed. [Amendment approved April 26, 1911; Stats. 1911, p. 1132.]

Annual reports.

§ 2319h. It shall be the duty of the state commissioner of horticulture to report in the month of January in each even-numbered year to the governor, and in each odd-numbered year to the legislature of this state the horticultural conditions of the state with statistics regarding the same, the efficiency of the work of the county horticultural commissioners of the state and such other matters as he may deem expedient or as may be required either by the governor or legislature, and to include a statement of all the persons employed and moneys expended under this chapter by itemized statement thereof. [Amendment approved April 26, 1911; Stats. 1911, p. 1132.]

Payment of expenses.

§ 2319j. All moneys paid hereunder shall be paid by the state treasurer from moneys appropriated for the support of the office of state commissioner of horticulture, and expenses other than the salary of the commissioner, the compensation of his deputies, secretary, quarantine officers, superintendents, assistants, and clerk, as allowed and provided by this chapter, must be certified by the said commissioner and be approved by the state board of examiners before being audited and paid. [Amendment approved April 26, 1911; Stats. 1911, p. 1133.]

County horticultural commissioners.

§ 2322. Whenever a petition is presented to the board of supervisors of any county, or city and county, and signed by twenty-five or more persons each of whom is a resident freeholder and possessor of an orchard, or greenhouse or nursery, stating that certain or all orchards, or nurseries or trees or plants of any variety are infested with any serious infectious diseases, or insects of any kind injurious to fruit, fruit trees, vines, or other plants or vegetables, or that there is growing therein the Russian thistle or saltwort (Salsoli kali var. tragus), Johnson grass (Sorghum halepense) or other noxious weeds, codlin moth or other insects that are destructive to trees or plants; and praying that a commissioner be appointed by them, whose duties shall be to supervise the destruction of said insects, diseases or Russian thistle or saltwort, Johnson grass or other noxious weeds, as herein provided, the board of supervisors shall immediately notify the state board of horticultural examiners to furnish them a list of eligibles or competent persons as hereinafter provided, and from such list the said supervisors shall appoint a commissioner in accordance with the provisions of this chapter, whose term of office shall be for four years and until his successor shall be appointed and qualified and who shall give a bond in the sum of one thousand dollars for the