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General duties of

commissioner.

SEC. 3. 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 boards of horticulture 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 boards of horticulture 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 report, or both, as he shall deem proper. He shall issue and cause to be printed and distributed to county boards of horticulture in this state, and to all other persons whom 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 State quar- the state horticultural quarantine officer mentioned in chapter seventy-six of the laws of eighteen hundred and ninety-nine, 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 any inspection therein authorized, when made by such commissioner, must be with the approval of the governor, and as provided by this act. SEC. 4. Said commissioner may, by and with the approval sioner may of the governor, establish, maintain and enforce such quaranand en- tine regulations as may be deemed necessary to protect the antine reg- nurseries, trees, shrubs, plants, vines, cuttings, grafts, cions,

antine

officer.

Commis

establish

force quar

ulations.

buds, fruit-pits, fruit, 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 infected stock, tree, shrub, plant, vine, cutting, graft, cion, bud, fruit-pit, fruit, 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 Inspection by such commissioner or by a deputy appointed in writing by said commissioner with the approval of the governor, and he or the deputy 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 Certifi- by such commissioner or in his name by such a deputy who inspection. has made such inspection, unless such article has been immediately prior to such passage inspected by an officer or agent of the United States entitled to inspect the same, and such officer or agent has granted permission for such passage. 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

cates of

of state and the other in the office of said commissioner before such approval shall take effect.

tion of

SEC. 5. Upon information received by such commissioner of Investigathe existence of any infectious disease, insect or pest, dangerous infectious to any such article, or to the interest of horticulture within this diseases. 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, by and with the approval of the governor, 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 grounds or premises, and inspect any stock, tree, shrub, plant, vine, cutting, graft, cion, bud, fruit-pit, fruit, 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 act.

County

County

SEC. 6. Upon the discovery of any such infectious disease, Reports to insects or pests, such commissioner shall immediately report boards. the same to all county boards of horticulture, 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 times and duration for such treatment, and if chemicals or articles be required other than those usually obtainable at any town, the place or places where they are most readily to be obtained; and upon the receipt of Duty of such statement by any county board of horticulture, or any mem- boards. ber thereof, it shall be the duty of such county board of horticulture to distribute such statement in printed form to every person owning or having charge or possession of any orchard, nursery stock, tree, shrub, or article of horticulture within their county, where it is supposed by said county board there is 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, or article of horticulture, referred to, provided for, and required to be served in and by section two of chapter one hundred and eighty-three of the laws of eighteen hundred and ninety-seven, or any amendments which have been or may be made thereto.

operate

SEC. 7. Whenever it shall become necessary to establish To coquarantine under this act, if there be any authorities or officers with U.S. of the United States having authority to act in such matter, or officers. any part thereof, the said state commissioner of horticulture

Quarantine proclamation.

Commis-
sioner
ex officio

member of
county
boards.

Printing and stationery.

Annual reports.

Violation of act a misde

meanor.

Expenses;

shall notify such authority or officers of the United States, and cooperate as far as possible with such authorities or officers of the United States wheresoever the jurisdiction of the United States extends and is being exercised, and shall obtain, whenever desirable and possible, the assent of the proper authority or officers of the United States to the establishment or change of quarantine lines, so as to most effectively and speedily accomplish the purposes of this act. The said commissioner shall at once notify the governor of all quarantine lines established under or pursuant to this act, and if the governor approve or shall have approved of the same or any portion thereof, the governor shall issue his proclamation proclaiming the boundaries of such quarantine, and the nature thereof, and the orders, rules or regulations prescribed for the maintenance and enforcement of the same, and shall publish such proclamation in such manner as he may deem expedient to give proper notice thereof.

SEC. 8. The said state commissioner shall be ex officio a member of all county boards of horticulture existing or that may be created or exist in this state pursuant to law, whenever he is present and acting with said county board within the county where such county board exists, but when he is not so present in such a county, acting with such county board, then the said county board shall have all the power and authority conferred on it by law, and may exercise such power by the action of the members of such county board or a majority thereof. The reports which county boards of horticulture are required by law to make, or which they may desire to make, shall, after the passage of this act, be made to the state commissioner of horticulture.

SEC. 9. It shall be the duty of the superintendent of state printing to print and deliver to the state commissioner of horticulture, upon the written request of said commissioner, all such bulletins, orders, rules, regulations, statements, reports, and other printed matter, as the said commissioner may deem necessary to have and use for carrying out the purposes of this act, and it shall be the duty of the secretary of state to cause to be prepared and furnished to such state commissioner all stationery, paper, blank forms, envelopes, and writing material needful and convenient for use in the office of such commissioner.

SEC. 10. It shall be the duty of said state commissioner 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, such 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 of moneys expended under this act, by itemized statement thereof.

SEC. 11. Any person willfully refusing to comply with orders. lawfully made under and pursuant to this act shall be guilty of a misdemeanor, and upon conviction shall be fined not to exceed five hundred dollars.

SEC. 12. All moneys paid under this act shall be paid by the how paid. state treasurer from moneys appropriated for the support of the

state commissioner of horticulture, and expenses other than the salary of the commissioner, the compensation of his clerk and deputy commissioner, as allowed and provided by this act, must be certified by the said commissioner and be approved by the state board of examiners before being audited or paid. Any moneys remaining of any appropriation heretofore made or that may be appropriated for the use or support of the state board of horticulture are hereby appropriated to the support of the state commission of horticulture, and are directed to be applied to the payment of claims and expenses under this act. SEC. 13. The sum of four thousand dollars is hereby Appropriaappropriated for the use and support and to pay the expenses of the state commission of horticulture for the fiscal years commencing July first, nineteen hundred and three, and July first, nineteen hundred and four, under this act.

tion.

repealed.

SEC. 14. Chapter sixty-three of the laws of eighteen hun- Acts dred and eighty-three, chapter seven of the laws of eighteen hundred and eighty-five, chapter eighty-six of the laws of eighteen hundred and eighty-nine, and chapter one hundred and ninety-four of the laws of eighteen hundred and ninety-one, are hereby repealed.

SEC. 15. This act shall take effect immediately.

CHAPTER CCCLXXX.

An act making an appropriation for the support of the government of the State of California for the fifty-fifth and fifty-sixth fiscal years.

[Approved March 26, 1903.]

The people of the State of California, represented in senate and

assembly, do enact as follows:

tions for

ernment.

SECTION 1. The following sums of money are hereby appro- Appropriapriated out of any money in the state treasury not otherwise support of appropriated, for the support of the government of the State state gov of California for the fifty-fifth and fifty-sixth fiscal years: For per diem and mileage of lieutenant-governor and sena- Legisla tors, twenty-one thousand five hundred dollars.

For per diem and mileage of assemblymen, forty-two thousand dollars.

For pay of officers and clerks of the senate, twenty-one thousand dollars.

For pay of officers and clerks of the assembly, twenty-eight thousand dollars.

For contingent expenses of the senate, eleven thousand dollars.

For contingent expenses of the assembly, fifteen thousand dollars.

ture.

For salaries of justices of the supreme court, eighty-four Supreme thousand dollars.

court.

Superior judges.

Clerk of supreme court.

Officers, etc., supreme court.

Governor.

For state's portion of salaries of judges of superior courts, three hundred and twenty-nine thousand five hundred dollars. For salary of clerk of the supreme court, six thousand dollars. For salary of chief deputy clerk of the supreme court, fortyeight hundred dollars.

For salaries of deputy clerks of the supreme court, eighteen thousand dollars.

For salary of stenographer to clerk of supreme court, two thousand dollars.

For printing, binding, ruling, and all other work performed and materials furnished by the state printing office to clerk of supreme court, thirty-two hundred dollars.

For salary of reporter of decisions, supreme court, five thousand dollars.

For salary of deputy reporter of decisions, supreme court, four thousand eight hundred dollars.

For salary of secretaries, supreme court, nine thousand six hundred dollars.

For salaries of bailiffs, and performing the work of porter supreme court, six thousand dollars.

For pay of porter for office, clerk of supreme court, nine hundred and sixty dollars.

For postage and contingent expenses, supreme court, two hundred and fifty dollars.

For postage and contingent expenses, clerk of supreme court, one thousand five hundred dollars.

For expenses of supreme court, under section forty-seven, Code of Civil Procedure, thirty-five thousand eight hundred dollars.

For salary of phonographic reporters, supreme court, ten thousand eight hundred dollars.

For salary of librarian, supreme court library, three thousand dollars.

For postage and contingent expenses, supreme court commissioners, one hundred and fifty dollars.

For printing, binding, ruling, and all other work performed and materials furnished by the state printing office to the supreme court commissioners, three hundred dollars.

For salary of governor, twelve thousand dollars.

For salary of private secretary to governor, eight thousand dollars.

For salary of executive secretary to governor, five thousand two hundred dollars.

For salary of stenographer or stenographers to governor, three thousand two hundred dollars.

For pay of messenger to governor, two thousand four hundred dollars.

For special contingent expenses (secret service), governor's office, exempt from provisions of section four hundred and thirty-three and six hundred and seventy-two of the Political Code, ten thousand dollars.

For postage, expressage, telegraphing, traveling, and contingent expenses, governor's office, five thousand five hundred dollars.

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