Scale insects injurious to orchards, an account of some scale insects liable to be introduced with shipments of young trees

\.

UNIVEESITY OF KANSAS,

LAWRENCE.

BULLETIN

Department oe Entomology.

Scale Insects
Injurious to Orchards.

JANUARY, 1898.

TOPEKA :

J. S. PAKKS, State Printer.
1898.

DEPART3IENT OF ENT03I0L0GY,

UNIVEIISITY OF KANSAS.

F. H. SNOW, Ph. D.,

Professor.

S. J. HUNTER, A. M.,

Assistant Professor.

HUGO KAHL,

Systematic Eotomologist and Curator.

'■r± SCALE INSECTS

INJURIOUS TO ORCHARDS.

AN ACCOUNT

SOME SCALE INSECTS

LIABLE TO BE INTRODUCED WITH SHIPMENTS OF
YOUNG TREES.

BY

S. J. HUNTER.

TOPEKA:

J. S. PARKS, STATE PRINTER.

1898.

CONTENTS.

PAGE.

Introduction 3

CocciD^, OR Scale Insects 5

The San Jose Scale 7

Its Economic Importance 7

Plants Affected 9

Appearance of Infested Plants 9

Life-history 10

Descriptions 15

How Disseminated • 19

Present Distribution 20

Remedies 21

The Cherry Scale 24

Food Plants 24

Life-history 24

Distribution 24

Descriptions 24

Remedies 25

The Oyster-shell Bark-louse 25

Distribution 25

Food Plants 25

Life-history 25

Descriptions 26

Remedies 26

Recommendations to Horticulturists in Kansas 27

Legislation 28

California 28

Colorado 31

Kentucky 34

Louisiana 37

Michigan 38

Maryland 41

North Carolina .' . .' 44

Ohio 48

Oregon 52

Pennsylvania 53

Utah 56

Virginia 57

Washington 59

INTRODUCTION.

It is the intention in this publication to deal with a group
of insects which have been the subject of numerous in-
quiries and have heretofore received no special attention
in Kansas. The reason for this, doubtless, is that they
have not been known to exist in alarming numbers in the
state. While the present information upon the subject
contains no knowledge of their presence within the state, it
is not sufficient evidence of their absence. Other states be-
lieving them to be absent or present only within small limits
have been surprised and alarmed when, upon investigation,
they ascertain thje large areas infested and amount of dam-
age done. At the request of the owners, I have examined
a number of nurseries in this state and found no forms of
injurious scale insects present. The statement of Prof. F.
M. Webster, state entomologist of Ohio, that no scientist
can be positive of the absence of isolated colonies without
a microscopic examination of every twig, branch and trunk
of the trees inspected, carries with it much weight. Whiie
I cannot assume that the state is entirely free from these
scale pests, and while I do not desire to give cause for undue
alarm, I can, however, say that from the experiences of other
states Kansas is very likely to suffer from these, the most
pernicious enemies of horticulturists, unless strict -pv&t
cautions are observed. Upon the principles, then, that to
be forewarned is to be forearmed, and that a knowledge of
prevention is more valuable than application of curatives,
are based the reasons for this article.

I am under many obligations to Chancellor F. H. Snow
for valuable suggestions offered during preparation of this
paper; to Hon. Jno, E. Frost, land commissioner of the
Atchison, Topeka & Santa Fe railway, and Hon. E. R.
Washburn, x^resident of the Kansas City, Fort Scott &
Memphis railway, for material assistance rendered in se-
curing data upon this subject. / S. J. H^.,

January 18, 1898. Si '' . ' ;- 7

COCCiD/E, or SCALE INSECTS.

Of all the insects there is no group that is of greater interest
to the horticulturist than the family which includes the forms
popularly known as scale bugs, mealy bugs, and bark lice,
a family classed by entomologists under the family name
Coccidae.

Insects are divided into orders, then suborders, families,
subfamilies, genera, and species, classifications being based
upon structure and life-histories. A species is a single in-
dividual or group of individuals with essential characteris-
tics similar; a genus is a group of different species having
many fundamental characteristics in common; a family
is a collection of allied genera; a suborder embraces
closely related families, and an order includes kindred sub-
orders.

The insects of the order Hemiptera, to which these scale
pests belong, are distinguished by their mouth-parts or
beaks, and manner in which they mature. All Hemiptera
take their food in a liquid form through a tube or bea,k fit-
ted for piercing and sucking, and become adults without
passing through the four stages — egg, larva, pupa, adult —
known as complete metamorphosis. They have, with few
exceptions, an incomplete metamorphosis — grow through a
series of molts from the egg state to maturity, maintaining
all the while much the same form.

The Hemiptera contains three suborders, the Heterop-
tera, Parasita, and Homoptera. The Heteroptera are in-
sects that have wings of unequal thickness, the base being
heaver than outer extremity of wing. To such belong the
chinch-bug, squash-bug, and box-elder bug. The Parasita
include certain parasites upon mammals commonly known
as lice. The Homoptera have wings of equal thickness
throughout. The cicadas, frequently called locusts and well

(5)

6 SCALE INSECTS.

known by their songs, are good examples. Not all of this
suborder are so conspicuous for size or music. In this
group there are nine families, the least of which, in numbers,
is by no moans the Coccidiie, which comprise the scale in-
sects, mealy bugs, bark lice, and many others with no fa-
miliar names. T. D. A. Cockerell, in a recent check-list of
the family, enumerates almost one thousand described
species of scale insects. Though classed together, they are
•quite irregular in many respects. The female is wingless,
and conforms to its order in having incomplete metamor-
phosis. The male is winged, possesses but one pair of deli-
cate transparent wings, the second pair replaced by hooked
balancers or halteres, resembling in this respect the flies,
and passes through the four stages of growth before
mentioned as complete metainorphosis. The inconspicu-
ous size, remarkable tenacity of life, and high reproductive
powers of these insects make them insidious and formidable
enemies of trees, both deciduous and evergreen, conse-
quently demanding close observation and a thorough knowl-
edge of their actions from the successful horticulturist.

Those wholly unacquainted with any of the forms of
these insects can find some of the less injurious species by
looking upon the long-spined pine tree {Pinus strobus),
a favorite tree among the ornamental trees upon lawns and
along driveways, and upon the twigs and outer branches of
the elm trees. Search upon the willow close up under the
winter buds may reveal the presence of another species.
The form upon the pine will be more readily observed
upon the green spines as a small whitish oblong scale with
a very small light brown spot at one end. The one on wil-
low is much the same, and belongs to the same genus, Chi-
ouaspi.s. On elm are to be found the naked scales, so
called from freedom from cottony covering. These are
larger, more nearly round, and favor the bark of the tree in
color.

In this paper the life-history given and species di.scussed
will be confined to the most destructive forms, the sub-
family L)iax])ina', or armoured scale insects. The females
are protected by a waxy secretion which renders them

SCALE INSECTS. 7

free from many attacks and impervious to several fluid
insecticides. The scale of this class most to be dreaded is
the one known as San Jos6, or i3ernicious scale, Aspidiotus
perniciosus Comstock, more generally known by the former
name, the San Jose scale. It stands first among these
pests in its destructive powers, so it is taken first.

THE SAN JOSE SCALE.
Its Economic Importance.

While it is not desirable to create unnecessary alarm,
yet facts plainly stated may enable those not fully familiar
with this pest to realize the full extent of its ravages. The
following is taken from the Kansas City Star of December
17, 1897:

"Grand Rapids, -Mich., December 17. — Clinton D.
Smith, the San Jose scale inspector, has returned from
Ottawa county, where he found a 15-acre orchard badly in-
fested with the disease. The orchard contains 1,200 trees,
and all of them will have to be destroyed. The loss will
bankrupt the young farmer who owns them. Other
orchards in the neighborhood will be examined."

Prof. M. Webster, of Ohio Agricultural College,^ says:

" Of all scale insects at present known in America this is
the most to be feared, on account of its deadly effect on the
trees, the rapidity with which it increases, and the diffi-
culty in killing it, even with applications of mixtures that
would prove fatal to any others of our scale insects, though
used at one-half or one-third the strength. It is not over-
drawing the seriousness of the matter in the least to say,
that it is the worst and most to be feared insect pest that
this country has ever witnessed. I say this from personal
acquaintance with its effects, as shown in Ohio orchards,
where this pest has been introduced. I am satisfied that a
tree, starting with a half-dozen young females ready to give
birth to young, if nothing is done to stay their ravages or
prevent unrestricted increase, will be killed within four or
five years, no matter what the soil may be, or how vigorous
the tree may have been at the commencement of that period.
From records kept at the department of agriculture at

^ " Scale Insects," in Indiana Horticultural Report, 1896.

8 SCALE INSECTS.

Washington of isolated females, it has been estimated that
the progeny of a single female during a single season may
amount to the enormous number of 3,210,080,400 individu-
als. Of course, it is not supposed that all of the young of
various broods will survive, but even were half of them de-
stroyed through natural causes my estimate is a long way
within bounds."

And again, from another source : "^

" There is perhaps no insect capable of causing greater
damage to fruit interests in the United States, or perhaps
the world, than the San Jose, or pernicious, scale. It is
not striking in appearance, and might often remain unrec-
ognized, or at least misunderstood; and yet so steadily and
relentlessly does it spread over j^ractically all deciduous
fruit-trees — trunk, limbs, foliage, and fruit — that it is only
a question of two or three years before the death of the
plant attacked is brought about, and the possibility of in-
jury, which, from experience with other scale enemies of
deciduous plants, might be easily ignored or thought insig-
nificant, is soon startlingly demonstrated. . . ."

Its importance was early recognized by Professor Com-
stock, who in first describing it in 1880 gave it the sug-
gestive name of perniciosus, saying of it that it is the most
pernicious scale insect known in this country. The Los
Angeles horticultural commission reported in 1890 that if
the pest be not speedily destroyed it will utterly ruin the
deciduous fruit interests of the Pacific coast.

Its capacity for evil has been more than demonstrated
since its appearance in the East, and it has been, if any-
thing, more disastrous to the peach and pear orchards of
Maryland, New Jersey, and other eastern and .southern
states, than in California and the West. We are therefore
justified in the assertion that no more serious menace to
the deciduous fruit interests of this country has ever been
known. There is no intention here to arouse unnecessary
alarm, but merely to emphasize the importance of taking
the utmost precautions to prevent its introduction into new
localities, and to point out the extreme necessity of earnest
effort to stamp it out where it has already gained a foot-
hold.

-Howard and Marlatt, Bulletin No. 3, N. S., U. S. Dept. Agr.,
Div. Ent.

SCALE INSECTS. 9

Prof. J. M. Stedman, state entomologist of Missouri,

says : '^

" One year ago I thought we could have got rid of it in
the state for $1,000. I think now it will take $1,000,000.
In fact, I think we will have to tight it from now on."

These extended extracts are given to impress eraj^hat-
ically the destructive possibilities of the subject in hand
and to show the value of special attention to the pest at
this time in our own state.

Plants Affected.

The San Jose scale attacks nearly all deciduous fruit-
trees and fruit-bearing shrubs. It attacks mainly the rosa-
ceous trees and bushes. The range of its food plants will
be better shown, however, by the following list prepared by
Mr. Howard,* and published in technical series No. 6: Ap-
ple, crab-apple, quince, pear, Bartlett pear, dwarf Duchesse
pear, plum, Japan plum, Satsuma plum, Prunus pissardi,
Pfunus maritinii, peach, apricot, almond, cherry. Rocky
Mountain dwarf cherry, currant, black currant. Citrus tri-
foliata (this should have been alhopanetatus) , Osage or-
ange, grape, elm, cottonwood, European linden, American
chestnut, Pyrus japoiiica, Catalpa hignonioides^ walnut,
Japan walnut, loquat, red dogwood, June-berry, rose, su-
mac, Phothiia glauca, Carolina poplar.

Reports of trees exempt from attack should be well con-
sidered. Varieties of fruits formerly considered free have
since proven nourishing hosts for this parasite.

Appearance of Infested Plants.

The scale attacks all portions of the tree — limbs, trunk'
leaves, and fruit.

Limbs and Trunk. The scale in some cases, such as
pear, prefers the younger growth found at the ends of
branches and twigs. Upon peach the older growth is
equally preferred. Upon the more recent growth, the scale

3 In Western Fruit Grower, December, 1897.
^ These are the plants upon which the scale has been actually
seen at the division of entomology in Washington.

10 SCALE INSECTS.

is surrounded by a narrow, reddish band. This, though
not characteristic of this sj^ecies only, is one of the first
outward marks to be observed around the scale of the fe-
males. When a tree becomes badly infested the scales
frequently overlap each other and present an outward ap-
pearance similar to that produced by dusting the tree with
ashes. Under a hand lens, the appearance presented to
the writer is much like that given by innumerable minute
conical sea-shells sticking to the bark. Upon young twigs
the layer of tissue between the outer bark and wood
proper becomes a dark red or purplish. The rings thus
formed, when scales are not closely situated, is the more
striking. This feature should not be overlooked in exam-
ination for possible cases of the scale.

If the tree survives, the parts attacked become knotty
and irregular. Young peach trees will usually survive the
scale only two or three years. Pears frequently die at once
or maintain a feeble existence for a very limited period.

Leaves are not so liable to attack. When scale is very
numerous, however, one or more rows may be found upon
upper side of midrib. The infested leaves turn purplish
brown.

Fruit is frequently attacked, and when badly covered by
the scale becomes unshapely, rough, and pitted. If it does
not fall prematurely, it is always rendered unsalable. Its
effects are especially noticeable upon pears. See fig. 1.

Life-History.

This term, as applied to in.sect.s, refers to the manner of
growth from the egg stage to maturity. The life circle of
this scale has received much attention from Mr. Pergande,
of the division of entomology at Washington, and it is from
his account that this is in the main taken.

Like all armoured scales, this one spends, save a few
hours, its whole existence under the protection of a waxy
scale. The short period of active life of the female is
passed as a small creeping, immature insect seeking a place
to insert its long, slender fibrilhp composing its beak into
the tissue of the plant, to remain stationary ever afterwards,

SCALE INSECTS.

11

withdrawing sustenance, and using the greater part of this
in maturing its progeny. The male jDasses through a third
or pupa stage, a quiescent period, from which he emerges
with two small transparent wings. These greatly aid him

CI.

Fig. 1. — San JosC^ scale: a, pear, moderately
infested — natural size; 6, female scale — ■
enlarged. (After Howard, Cir. No. 3, 2d
ser., Div. Ent., Dept. Agr.)

during his brief existence in finding his mates. After his
life functions are performed he dies, and his progeny live
after him to commit depredations and produce again in kind.
Let us take up the circuit of life late in autumn,
after cold weather has caused a temporary cessation of ac-
tivity. The insect, not yet full grown, passes the winter
protected by a waxy scale. In early spring, the exact date
varying with the latitude, the males come out from under
their winter cover. About May the females mature and

12

SCALE INSECTS.

begin to produce young, and continue giving birth to
young for about six weeks. Then the over- wintered females
die. In the manner of bringing forth young, these difPer
from most insects. Generally tlie female insect deposits
eggs; these sooner or later hatch, and the young follow
their characteristic stages of growth. In this scale insect,
instead of laying eggs, the female gives birth to young di-
rectly. It can be readily seen that this places these insects

xsx/"

Fig. 2. San Jo8(' scale: a, young larva
— greatly enlarged : b, antenna of the
same — still more enlarged. (After
Howard, Cir. No. .3, 2d .ser., Div. Ent.,
Dept. Agr.)

among the most prolific forms of the order. In the devel-
opment from the egg stage time is consumed, and the un-
protected, sometimes conspicuous, eggs of insects are liable
to destruction, since they form food for birds and other in-
sects. These two important checks to increase are not met
with in the growth of this scale. It is an active force from
birth until its body is protected by a well-suited armor;
then it begins to withdraw the life fluid of the plant.

Soon after birth the young insect comes from undt-r the

SCALE INSECTS.

13

parent scale, creeps around over the plant looking for a
suitable place to locate. When this is found, the young
scale, in the larval stage, settles down and slowly forces its
beak through the bark, and simultaneously, or even before
this time, forms a waxy protection upon its back.

r^-Y?.

Fig. 3. — Adult female, before development of
eggs : a, ventral view, showing very long
sucking setiB ; b, anal plate, showing char-
acteristic ornamentation of edge — greatly
enlarged. ( After Howard and Marlatt,
Bui. No. 3, N. S., Div. Ent., Dept. Agr.)

Male and female scales are exactly alike until twelve
days after birth, when first molt occurs. After this the
two sexes are entirely dissimilar. The males are larger
and have large purjale eyes, but the females have lost their
eyes. Both have lost their legs and antennjie. The male

14 SCALE INSECTS.

scale is elongate; the female scale is circular. Eighteen
days after birth the male scale enters the puptie stage, and
about six days later backs out from under the scale as a
delicate two-winged, fly-like insect with long feelers and
six legs, another set having replaced the one lost. It is
orange in color. Thirty days from birth the females are
full-grown, and from three to seven days later begin to pro-
duce young, making in all about 40 days as the period re-
quired for bringing a generation to maturity.

One of the questions most frequently asked the writer
is concerning number of eggs or young brought forth by
a single female. A series of experiments was performed
by the department at Washington, in which one over-
wintered female was placed upon each of seven trees, and
when their offspring were mature all were removed save
one fertilized female on each tree, and the same process
repeated until the cold weather closed the breeding season.
From accurate observations upon these experiments, it was
estimated that if all the young of one over- wintered female
lived, the increase from this one and her i^rogeny for the
one season would be 3,21(),0S0,400. These would be the
descendants from a single insect in a single season, if all
fulfilled their functions in life. While it is hardly to be
expected that all should live, yet, granting that a goodly
number should perish prematurely, even then it is readily
seen that enough survive to explain the sudden destruc-
tion of trees attacked. As before stated, the reproducing
period of the adult female is about six weeks. Nine to
ten young are brought forth every 24 hours, making a
total production of about 400 individuals from one insect.
The fact that all are not born at the same time is another
point in their favor and against easy means of destruction.
Many of the older washes used are effective only ujjon the
active larva; hence it is readily perceived that applications
of such washes to be successful should be applied almost
dailv.

SCALE INSECTS.

15

Fig. 4. — San Jos6 scale: c, adult female,
containing young — greatly enlarged ;
d, anal fringe of same — still more en-
larged. (After Howard and Marlatt,
Bui. No. 3, N. S., Div. Ent., Dept. Agr.)

Descriptions of tlie San Jose Scale. ^

{Aspidiotus perniciosus Comstock.)

The descriptions given by Howard and Marlatt are here-
with reproduced.

Scale of Female. The scale of the female is circular, very
slightly raised centrally, and varies in diameter from 1 to 2 mm {^^^
to i^OT inch, averaging about 1.4mm (j|s^inch). The exuvise is cen-
tral or nearly so. The large, well-developed scales are gray, except-
ing the central part covering the exuvise, which varies from pale to
reddish yellow, although in some cases dark colored. The scale is
usually smooth exteriorly or sometimes slightly annulated, and the
limits of the larval scale are always plainly marked. The natural
color of the scale is frequently obscured by the presence of the sooty
fungus {Fumago salicina).

Scale of Male. The mature male scale is oblong oval, nearly
twice as long as wide, and averaging in length about half the diame-
ter of the female scale. The position of the larval scale is marked

5 Bulletin No. 3, N. S., Div. Ent.
serted by the writer.

Equivalents in inches are in-

16

SCALE INSECTS.

by a nipple-like prominence located between the center and the an-
terior margin of the scale. The scale of the male is usually darker
than of the female, sometimes black, but often gray, the larval scale
covering the exuvias very frequently light yellow as with the female.
Not uncommonly the circular scale, formed prior to the first molt, is
black, while the later additions, giving its oblong shape, are gray.

E(;g. The egg is never (or rarely ) extruded as such by the fe-
male, and as it exists within the body of the mother is a mere amni-
otic membrane, and the forming embryo showing through gives it a
yellowish-white color. The embryo with the envelope measures
about 0.2mm long (ro'oa inch) by 0.1 mm (f^'^jj inch) wide.

Fic. 5. — San Jost' scale: male adult — greatly en-
larged. ( After Howard, Cir. No. 3, 2d ser.,
Div. Ent., Dept. Agr.)

Newly Hatched Larva. The young larvae of both sexes are
alike, and are pale orange in color with long oval bodies. They
measure in length about 0.24inra (,„!•„,-, in.) by 0.1mm (^^\^ in.) in
width. The sucking bristles are normally doubled on themselves,
but when unfolded are nearly three times the length of the body.
The antenna' are apparently five-jointed, the last two joints being
much longer than the others, slender, subequal in length, and both
finely and distinctly annulated. The last joint bears asmall nipple-like
projection near the tip. The head is somewhat concave in front, and
the eyes are nearly transparent and slightly purplish. The terminal
segment of the abdomen foreshadows in structure the plates and
spines of the adult female. The large central plates each terminate
in a long hair. The tarsus is represented by apparently a single,

SCALE INSECTS. 17

strong, slightly curved claw. The tip of the tibia bears exteriorly
two rather long capitate hairs, and two similar hairs project also from
the inner extremity. Other details of structure are shown in the il-
lustration.

Larva of the Second Stage. After the first molt the differ-
ence in the sexes becomes apparent, although the covering scales are
still identical. The female insects are somewhat smaller than the
males at this stage. The eyes, legs, and antenna? in this sex have
entirely disappeared. The form is almost circular, flattened. The
color is yellow, with irregular transparent spots appearing in different
parts of the body.

The males are somewhat larger than the females, elongate, pyri-
form. The eyes are prominent, purple in color. The legs and an-
tennaj, as with the females, are wanting. The general color of the
body is yellow, with the irregular transparent spots noted in the case
of the female. The greatest diameter in both sexes is less than one-
half a millimeter, and in the characteristics of the terminal segment
both agree, practically, with the adult female.

Male Pro-pupa. With the second molt the male assumes a form
foreshadowing the true pupa, which may be called the pro-pupa.
The form is elongate oval; length, 0.5mm (^-ig-j in.) The color is
very pale yellow, with the antennse, limbs, and wing-pads, and two
or three terminal segments of the abdomen, colorless. The legs and
antennae, as noted, have reappeared, and also prominent pads fore-
shadowing the wings of adult. The eyes are dark purple and placed
close together. The antennae are very stovit, and curved closely
around the edge of the body as far as the anterior legs, where they
bend inward. The wing-pads are stout and almost entirely cover the
abdomen. The terminal segment is still broad and flattened and
bears two short spines, but the other characters have disappeared.

True Pupa of Male. The true pupa resembles the previous
stage, except that the members are longer and slenderer, and the
prominent anal style has appeared. The pupa is pale yellow and
purplish in color, darkest about the base of the abdomen, the head,
antennae, legs, wing-sheaths, and style being almost colorless and
transparent. The eye spots are dark purple. The antenna? extend
nearly to the middle femora, and are not curved under the body as
formerly, but are applied close to the sides with the apex free. The
anterior legs are held forward, reaching slightly beyond the eyes.
The middle femora rest transversely to the body, projecting some-
what beyond the margin of the abdomen, while their tibae form with
them a right angle and reach nearly to the apex of the hind femora.
The latter incline posteriorly, while the hind tiba? are applied close
to the sides of the body, except toward the tip, and reach nearly to
the base of the style. The style is rather stout, conical, obtusely
pointed at tip, and about as long as posterior tiba?. Length 0.8 mm,
iiH'Ji io-) including style, which measures about 0.15mm ( yg^^^ in.)
9

18 SCALE INSECTS.

Mature Male. The general color is orange with a faint duski-
ness on the prothorax. The head is somewhat darker than the rest
of the body. The eyes are dark purple — almost black. The an-
tennie are yellow, somewhat obscure or smoky. The legs and style
are dusky, the latter paler than the former. The thoracic shield is
regularly ovoid, compressed anteriorly, dusky in color, with margin
brown, more distinctly so anteriorly: transverse band narrow, brown.
Antenna' 10-jointed, two basal joints shortest, second nearly globu-
lar, inserted in the first ; joints 4 and 5 sube(iual, longer than the
others : joint G next in length, and joints .3, 7, and 9 shorter and sub-
equal ; joint 10 still shorter, conical. Antenna? somewhat hairy and
nearly as long as the body of the insect. Wings faintly dusky, iri-
descent with yellow and green. Length of body about 0.6mm (-f|g^
in.); style, 0.25mm (^^^^^ in.)

Female, Third Stage. After the second molt the females still
appear pale yellow as before, with various larger and smaller trans-
parent spots around the border of the body. The form is nearly
circular, with greatest diameter averaging 0.56 mm (^ga^ Jq j j;>\^q
sucking bristles are very prominent and long three times the length
of the insect. The last segment in this stage has practically the
characters of the mature female, as follows : There are two pairs of
lobes, the terminal one largest and nearly three times as broad as the
other lobes. The terminal lobes are rounded at the apex and are
distinctly notched near the middle of the external edge. The second
pair of lobes is smaller and narrower and is also notched externally.
Between the first and second lobes on either side is a small spine and
two or three such spines are just back of the second lobe, while back
of these are three stout teeth, curving anteriorly. A still smaller
blunt tooth sometimes occurs near the middle of the lateral margin.
The segmentation of the body at this stage is quite distinct.

Mature Female. After reaching maturity the embryonic young
are at first not visible, but later the body becomes filled with them.
The mature female measures 0.8mm ( jgj^ in.) wide by about 1mm
(yMoinOlong.

In report of United States department of agriculture, Comstock
first describes the female as follows : «

" The body of the female is yellowish and almost circular in out-
line ; the segmentation is distinct, though not conspicuous. The last
segment presents the following characters :

" There are only two pairs of lobes visible ; the first pair converge
at tip, are notched' about midway their length on the lateral margin,
and often bear a slight notch on the mesal margin near the tip. The
eecond pair are notched once on the lateral margin.

"The margin of the ventral surface of the segment is deeply in-
cised twice on each side of the meson ; once between the bases of
the first and second lobes and again laterad of the second lobe. On

• Kept. U. S. Dept. Agr., 1880, p. 304.

SCALE INSECTS. 19

each side of each of these incisions is a club-shaped thickening of
the body wall.

" There are two inconspicuous simple plates between the median
lobes, and on each side similar plates extending caudad of the first
incision, three small plates serrate on their lateral margin caudad of
the second incision, and the club-shaped thickenings of the body
wall bounding it, and three wide prolongations of the margin be-
tween the third and fourth spines. These prolongations are usually
fringed on their distal margins. There are also, in some, irregular
prolongations of the margin between the fourth spine and the penul-
timate segment.

" The first and second spines are situated laterad of the first and
second lobes, respectively; the third spine laterad of second incision ;
and the fourth spine about one-half the distance from the first lobe
to the penultimate segment."

How Disseminated.

The female scale, as previously stated, is wingless; hence
is dependent solely upon more active agencies for the dis-
tribution of its species. These agencies might come under
two classes: First, transportation from one locality to
another, one state to another — in a word, places remote from
each other; second, points close at hand, such as different
trees in the same orchard or orchards in the same neighbor-
hood. Under the first, transportation of nursery stock is
the most effectual means. Here the insects may have lived
before shipment and can exist in transit. No other single
agency has been so potent is distributing this pest. In al-
most every instance the cause for first appearance in a state
has been traced back to importation of young trees or cut-
tings from an infested region.

Fruit, such as pears, from infested localities carries with
it this scale. By throwing the parings of svich near the
trees the young can readily creep up the trunks and locate
at a suitable place to start a colony. Such fruit is by no
means rare upon the markets.

Since the young insects or larvfe crawl only short dis-
tances, the second means of spread, that is, from tree to
tree, must be brought about by outside forces. The wind
may aid a little by blowing forms across from one tree to
another. Birds and insects are the means here used suc-
cessfully. The young larvae will crawl upon the feet of
birds or the bodies of other insects. Instances of the use
of these means of conveyance have been observed.

20 SCALE INSECTS.

Present Distribution.

The presence of this pest in the United States was dis-
covered in 1870 in the San Jose valley, California. In 1873
it had become a serious menace to fruit raising in this part
of California.

In 1886 or 1887 two New Jersey nurseries, desirous of
securing a curculio-proof plum, introduced from San Jos6,
Cal., the Kelsey plum. These trees were infested, failed to
thrive, and died from the attacks, but left the living scales
to commit depredations then unthought of. Directly or in-
directly from these shipments can be traced the present
status of this i^est in the East. It now exists in 25 states
and 2 territories in the union. The geographical distribu-
tion can be more readily understood from the following:

List of localities in ivhich the occurrence of the San Jose scale
has been reported to date, November 3, 1897-

Alabama. Towns: Tuskegee. Counties: Marengo and
Mobile.

Arizona. Tucson, and many localities in Salt river val-
ley.

California. Quite general over .state.

Connecticut. Counties: New Haven, Fairfield, Hart-
ford, and New London.

Delaware. Many localities.

Florida. Towns: De Funiak Springs and Orlando.
Counties: Columbia and Baker.

Georgia. Counties: Mitchell, Worth, and Randolph.
Towns: Mclntyre and Tifton (Fort Valley and Mar-
shallville districts, probably ).

Idaho. Towns: Lewiston and Middleton. Counties:
Ada and Nez Perces.

Illinois. Counties: Adams, Sangamon, Ogle. Shelby.
Clarke, Wabash, St. Clair, Washington, Edwards, Randolph,
and Pulaski.

Indiana. Towns: Bartle and North Madison.

Louisi.\NA. Aadubou Park.

Massachusetts. Towns: Amherst, Cambridge, Bed-
ford, and Rosindale. County: Plymouth.

Maryland. Towns: Neavitt, Chestertown, Riverside,

SCALE INSECTS. 21

West River, Sharbsbnrg, Frederick, Still Pond, Mullikiii,
Linkwood, Charlton Heights. Counties: Prince George,
Washington, Anne Arundel, and Montgomery. ( List not
complete.)

Michigan. Counties: Allegan, Berrien, Ingham, Jack-
son, Kent, Oceana, Ottawa, Monroe, St. Joseph, Van Bu-
ren, and Wayne.

Mississippi. Counties: Oktibbeha and Jackson.

Missouri. Counties: Cole, St. Louis, Randolph, and
Jackson.

North Carolina. Counties: Moore and Buncombe.

New Jersey. Nearly every county in the state.

New Mexico. Towns: Las Cruces, Socorro, and Berna-
lillo. County: Dona Ana. Quite general in Mesilla valley.

New York. Counties: Orange, Queens, Suffolk, Tomp-
kins, Seneca, and Duchess.

Ohio. Towns: New Richmond, Silverton, London, Ir-
ville, Duncan Falls, and Neffs. Counties: Franklin, Ham-
ilton, Madison, Muskingum, Belmont, Ottawa, and Licking.

Pennsylvania. Towns: Atglen, Lewisburg, Waynes-
boro, Bristol, and Marietta. Counties: Montgomery, Le-
high, Franklin, and York.

Tennessee. Roane county.

Texas. Counties: Brazos, Kaufmon, DeWitt, Galves-
ton, and Smith.

Virginia. Towns: Charlottesville and City Point.
Counties: Albemarle, Frederick, Westmoreland, Roanoke,
Prince William, Fairfax, Franklin, Rockingham, and Pitt-
sylvania.

West Virginia. Towns: Wellsburg and Georgetown.
County: Berkley.

Washington. Probably quite general over settled dis-
tricts, especially in vicinities of Walla Walla and Tacoma.

Remedies.

Natural Enemies. Five insect forms have been found
that spend part of their lives as parasites upon this scale.
Several of the smaller beetles, popularly known as lady-
birds, in the grub or larva stage as well as the adult form,
prey upon these scales. Observations thus far show that

22 SCALE INSECTS,

neither the parasitic nor predacious insect enemies will
remove the responsibility of keeping this pest in check
from the horticulturist.

Artificial Remedies. Climatic conditions are an im-
portant factor under this head. Successful methods of
treatment in California have failed in states farther east.
As before stated, a knowledge of life-history shows that
treatment in this section of country will vary with season
of year. If applied when young are emerging, those ex-
posed will be destroyed, while later broods will safely come
forth.

Washes or Sprays. Applications, then, which are
etfective during winter months when all scales are in same
stage, and when death to the individual means death to its
jjrogeny, are certainly the most to be desired. Such washes
then shall be discussed. Many washes have been used.
The effects of all have been noted upon the plant as well
as upon the jjest. It will suffice here to give the one which
has proven the most satisfactory, and which happily is not
the most expensive, nor the most difficult to apply. The
most effective is the whale - oil - soap wash. Mr. Robert
Emery, of Chestertown, Md., first called attention to its
special merits against this scale, though previously rec-
ommended as a general wash against scales by Comstock.

Composition of the Soap "SVash. Two pounds whale-
oil soap; one gallon water. Apply warm, thoroughly
drenching the tree. (The best grade of whale-oil soap
costs 4 cents per pound.)

Time OF Application. Twice a year. (1) In fall, after
foliage has fallen. (2) Just before blooming, in spring.

Causes for Varying Results. The destruction of in-
sects may not be noticeable for several weeks after appli-
cation. Time is required to allow solution to soak through
waxy covering of scale. Should rainy weather follow the
time of treatment, the results will not be so great. This,
coupled with the fact that one application may not wet all
parts of the tree, makes it necessary to give the tree two
thorough drenchings, at times stated above. The strength

SCALE INSECTS. 23

and quality of soap used has much to do with results at-
tained. Whale-oil soap is far superior to any other kind.
In this soap, however, there are different qualities. The
soap, to be most suitable, must not at the given amount
used become a glutinous, stringy mass upon cooling.
Common soap and many of the fish-oil soaps will do this
It is not very difficult to secure the death of 75 to 90
per cent, of the scale. It is the remaining 10 to 25 per
cent., which if allowed to survive will soon replace the
fallen, that demands strong solutions and thorough appli-
cation.

Effects of Wash. — Upon Scale. The young scale lar-
vae during growth are killed almost immediately, death to
mature scale results slowly, due to time required for i^ene-
tration of insecticide and the action of weather upon scales
loosened by the wash. Two months are sometimes required
±o determine fully the exact results obtained.

Upon Tree. — The fall application increases vigor and
growth of tree. The following year a heavier, brighter
foliage appears, but the bloom and fruitage are noticeably
less. In spring, at blooming time, no perceptible effects
could be noticed from the wash.

Gas Treatment. Where large orchards must be treated
or a number of orchards are quite generally infested, the
work had better, as in California, be given by contract to
parties owning complete apparatus and being familiar with
best methods of application. This plan is highly advisa-
ble, since the d*eadly effects of the gas make its use by in-
experienced persons extremely dangerous. In short, the
treatment is as follows : The tree is covered by a tent
made of blue or brown drilling, or eight-ounce duck painted
or oiled to make air-tight. The gas generated beneath this
tent is made from one ounce fused cyanide of potassium
(58 per cent, pure), one ounce of sulphuric acid, and three
fluid ounces of water to every 150 cubic feet of space to be
fumigated. This treatment is rarely used against the San
Jos6 scale except in case of nursery stock, where cyanide of
potassium of much greater strength (98 per cent.) is used.
On dormant nursery stock, the space of 150 feet may be re-

24 SCALE INSECTS.

duced to 100 feet. It will be readily seen that nursery
Btock can be easily treated by removal from nursery, large
quantities heeled in in small space, and. since leaves are re-
moved and nature has clothed the tree for winter, a stronger
gas will make the work even more effectual.

THE CHERRY SCALE.

(Asjiidiotus forbcsii Johnson.)

This speci'^s is closely allied to the San Jose scale, and
might be mistaken for it. The outward characteristics that
will probably enable the average observer to distinguish it
from the San Jose scale is that the cherry scale inhabits
the trunk of the tree, frequently seeking refuge under the
loose bark of the tree, making it jjossible for it to exist for
a long time unnoticed. The San Jos6 scale, on the other
hand, prefers the twigs and outer branches. Figures show-
ing the various stages would convey no information to the
general reader additional to that obtained from observa-
tions upon the plates illustrating the San Jos6 scale.
These specific differences are largely microscopic.

Food Plants. While it has not been found on as many
plants as the San Jose scale, it is supjaosed that its food
range is much the same. Mr. Johnson finds its favorite
food to be the cherry; hence gives it the poj^ular name of
" Cherry scale."

LiFE-HiSTORY. The life circle of this scale is much the
same as the San Jose scale, except that the number of
broods may be less.

Distribution. Illinois, New Mexico and Kansas are
the only points known to me. The fact that it has existed
in Kansas in one locality (though the infested trees were
all burned ) is of great significance, since it is second in
destructive power to the pernicious or San Jos^ scale.

Description. — Scale of Femah'. The general shape
of the scale of the female is nearly circular, but it varies
according to tlie i)osition of attachment, as .scales under a
fold in the bark or on some uneven surface are very irregu-
lar in outline. The color is dirty grayish in fresh speci-

SCALE INSECTS. 25

mens, but darker when dried. The exuviae are usually
slightly to one side of the center and covered with excre-
tion ; the nipple-like prominence in rubbed specimens is
reddish or yellowish brown, surrounded by a band a little
darker than the margin. Scale rather convex, delicate, and
easily torn when removed from fresh material. It varies
considerably in size, the average diameter being about

Scale of Male. The scale of the male is elongate oval,
and is darker and not so delicate as the scale of the female.
Nipple-like prominence situated between the center and
the anterior margin, usually covered with excretion, and,
when rubbed or broken, of about the same color as that of
the female scale. Margins thin and delicate, and lighter
than the rest of the scale. Length about 1 mm. (.04 inch) ;
width about 3""" (yj^o inch).'

Remedies. Same as those used asrainst San Jose scale.

THE OYSTER'SHELL BARK-LOUSE.

[MytUaspis pomo7-u7n Boucbe.)

This insect is cosmopolitan. It is found in all parts of the
United States and probably came originally from Europe.
It has been reported in Kansas from Douglas, Crawford and
Lyon counties, and doubtless exists elsewhere in the state.

Food Plants. Apple, pear, quince, hawthorn, buck-
thorn, raspberry, currant, linden, hop-tree, bladder nut,
horse chestnut, maple, water locust, honeysuckle, ash, elm,
hackberry, cottonwood, willow, poplar.

Life-history.*^ The female dies during the early part
of winter, leaving a number of eggs, ranging from 42 to 86.
If the shell is broken open in winter months these eggs are
easily seen with the naked eye. These hatch the latter part
of May and seek permanent positions upon tips of twigs.
The species is single brooded in the North. After insert-
ing beak in plant, the female molts twice, then produces
that long scale covering resembling somewhat a minute
oyster shell, from which the name arises.

^Bul. 111. State Lab., Vol. IV, Art. XIII.
8 From Year-book U. S. Dept. Agr., 1894.

26

SCALE INSECTS.

Fig. 6. — a, female scale, from below, showing eggs;
6, same, from above — greatly enlarged; c, female

scales — enlarged; d, ; c, male scales on

twig — natural size. (From U. S. Year-book,
Dept. Agr.)

Scale of Female. The .scale of the female is long, nar-
row, and grows wider as it extends backward. It is an ash-
gray color. The larvae skin is yellow. The length of scale
is about .08 of an inch.

The Male Scale. The scale of the male is much smaller
and does not contain the curve shown in female scales; is
nearly straight, widening posteriorly. The figures, fully il-
lustrating all stages, require no further discussion.

Descriptions and discussions of other scale pests might
be given. Enough has been said to impress those inter-
ested in tree culture with the great economic imjiortance of
scale insects. Enumeration of various species is, then, of
secondary merit in an article of this class.

Remedies. Application of the soap wash in the fall be-
fore death of female, and about the middle of June, when
young are all hatched.

SCALE INSECTS.

27

Fig. l.— a, adult male; 6, foot of same; e, young larva;
d, antenna of same ; e, adult female, taken from scale
— all greatly enlarged. (From U. S. Year-book, Dept.

Agr.)

RECOMMENDA flONS

To Horticulturists la Kansas.

1. Examine all trees upon your premises.

2. Send any peculiar scale formations found upon bark
to a competent person for determination.

3. Examine carefully all new trees or cuttings before
planting, assuring yourself that no scale insect exists thereon-

4. Require a guaranty of freedom from scale insects
from the firm that sells the trees.

5. If San Jose scale or closely allied species are found
uj)on your trees, root up and hum infested trees if few in
number. Should the scale be distributed over a large num-
ber of trees, cut back the trees and apply wash according
to directions given. If these precautions are taken, there
is no reason why Kansas should not be free from the ex-
pensive losses sustained by several states and the annoy-
ances still experienced.

28 SCALE INSECTS.

LEGISLATION.

Many nurserymen have made inquiries conceming reg-
ulations of other states relating to entrance of nursery
stock. Some have met with inconveniences in sending
stock into other states. That such might be fully posted
upon the laws of the several states, the following letti'r was
sent out :

The University of Kansas.
Department of Entomology.

Lawrence, December 22, 1897.

Hon. Secretary of State: Dear Sir^ — I desire to ascertain if
there is a law in your state concerning scale insects, the object of
which is to aid in stamping out such pests by guarding the importa-
tions of fruit-trees and such other material as is likely to aid in the
dissemination of these insects, and also to aid in their destruction
wherever present. If you have such an act, I shall be glad to receive
a copy at your -earliest convenience. If not, may I ask for a reply
stating the fact. I inclose stamped envelope, and thank you in ad-
vance for the valued favor. Very truly, S. J. Hunter.

Prompt replies were received, and acknowledgment is
hereby made and thanks extended to the honorable sec-
retaries of state for this important assistance. Many hor-
ticultural boards have regulations founded upon these
laws. The most complete form of regulations that has
come under our notice is that of North Carolina, which
we give in full on pages 45-47. State laws relating to this
subject are herewith given.

CALIFORNIA.

CHAPTER la*?.— Laws of 1897.

An Act to promote the horticultural interests of the state by pro-
viding county boards of horticulture, and repealing the act en-
titled "An act to protect and promote the horticultural interests
of the state," approved March 14, 1881, and certain acts amenda-
tory thereof, approved March 19, 1889, and March :U, 1891.

Section 1. Whenever a petition is presented to the board of
supervisors of any county, and signed by 25 or more persons, each
of whom is a resident freeholder and po-ssessor of an orchard, stating
that certain or all orchards, or nurseries, or trees of any variety are

SCALE INSECTS. 29

infested with scale insects of any kind, injurious to fruit, fruit- trees,
and vines, codling-moth, or other insects that are destructive to trees,
and praying that a commission be appointed by them, whose duty it
shall be to supervise the destruction of said scale insects, as herein
provided, the board of supervisors shall, within 20 days thereafter,
appoint a board of horticultural commissioners, consisting of three
members, who shall be qualified for the duties of horticultural com-
missioner. Upon the petition of 25 resident freeholders and possess-
oi"s of an orchard, the board of supervisors may remove any of said
commissioners for cause, after a hearing of the petition.

Sec. 2. It shall be the duty of the county board of horticultural
commissioners in each county, whenever it shall deem it necessary,
to cause an inspection to be made of any orchards, or nursery, or
trees, plants, vegetables, vines, or fruits, or any fruit packing-house,
storeroom, salesroom, or any other place or articles in their jurisdic-
tion, and if found infested with scale insects, or codling-moth, or other
pests injurious to fruit, plants, vegetables, trees, or vines, or with their
eggs, or larv^, they shall notify the owner or owners, or person or per-
sons in charge, or in possession of the said places, or orchards, or
nurseries, or trees, or plants, vegetables, vines, or fruit, or articles as
aforesaid, that the same are infested with said insects, or other pests,
or any of them, or their eggs or larvjB, and they shall require such per-
son or persons to eradicate or destroy the said insects, or other pests,
or their eggs or larvte within a certain time to be specified. Said
notices may be served upon the person or persons, or either of them,
owning or having charge, or having possession of such infested place,
or orchard, or nursery, or trees, plants, vegetables, vines, or fruit, or
articles, as aforesaid, by any commissioner, or by any person deputed
by the said commissioners for that purpose, or they may be served
in the same manner as a summons in a civil action. Any and all
such places, or Orchards, or nurseries, or trees, plants, shrubs, vege-
tables, vines, fruits, or articles thus infested, are hereby adjudged
and declared to be a public nuisance ; and whenever such nuisance
shall exist at any place within their jurisdiction, or on the property
of any non-resident, or on any property the owner or owners of which
cannot be found by the county board of horticultural commissioners,
after diligent search, within the county, or on the property of any
owner or owners upon which notice aforesaid has been served, and
who shall refuse or neglect to abate the same within the time speci-
fied, it shall be the duty of the county board of horticultural com-
missioners to cause said nuisance to be at once abated, by eradicating
or destroying said insects, or other pests, or their eggs, or larvje. The
expense thereof shall be a county charge, and the board of super-
visors shall allow and pay the same out of the general fund of the
county. Any and all sum or sums so paid shall be and become a
lien on the property and premises from which said nuisance has been
removed or abated, in pursuance of this act, and may be recovered
by an action against such property and premises. A notice of such

30 SCALE INSECTS.

lien shall be filed and recorded in the office of the county recorder of
the county in which the paid property and premises are situated,
within 30 days after the right to the said lien has accrued. An ac-
tion to foreclose such lien shall be commenced within 90 days after
the filing and recording of said notice of lien, which action shall be
brought in the proper court by the district attorney of the county,
in the name and for the benefit of the county making such payment
or payments, and when the property is sold, enough of the proceeds
shall be paid into the county treasury of such county to satisfy the
lien and costs; and the overplus, if any there be, shall be paid to the
owner of the property, if he be known, and, if not, into the court for
his use when ascertained. The county board of horticultural com-
missioners is hereby vested with power to cause any and all such
nuisances to be at once abated in a summary manner.

Sec. 3. Said county boards of horticultural commissioners shall
have power to divide the county into districts, and to appoint a local
inspector, to hold office at the pleasure of the commissioners, for each
of said districts. The state board of horticulture may issue commis-
sions as quarantine guardians to the members of said county board
of horticultural commissioners and to the local inspectors thereof.
The said quarantine guardians, local inspectors, or members of said
county boards of horticultural commissioners, shall have full author-
ity to enter any orchard, nursery, place or places where trees or
plants are kept and offered for sale or otherwise, or any house, store-
room, salesroom, depot, or any other such place in their jurisdiction,
to inspect the same, or any part thereof.

Sec. 4. It shall be the duty of said county board of horticultural
commissioners to keep a record of their official doings, and to make
a report to the state board of horticulture, on or before the 1st day of
October of each year, of the condition of the fruit interests in their
several districts, what is being done to eradicate insect pests, also as
to disinfecting, and as to quarantine against insect pests and diseases,
and as to carrying out all laws relative to the greatest good of the
fruit interest. Said board may publish said reports in bulletin form,
or may incorporate so much of the same in their annual reports as
may be of general interest.

Sec. 5. The salary of all inspectors working under the county
board of horticultural commissioners shall be 82.50 per day. In the
case of the commissioners themselves, their compensation shall be §4
per day, when actually engaged in the performance of their duties,
and itemized necessary traveling expenses incurred in the discharge
of their regular duties as prescribed in this act.

Sec. G. It shall be the duty of the county board of horticultural
commissioners to keep a record of their official doings and make a
monthly rejjort to the board of supervisors: and the board of super-
visors may withhold warrants for salaries of said members and in-
spectors thereof until such time as said report is made.

SCALE INSECTS. 31

Sec. 7. An act entitled "An act to protect and promote the hor-
ticultural interests of the state," approved March 14, 1881, and cer-
tain acts amendatory thereof, approved March 19, 1889, and March
31, 1891, are hereby repealed.

Sec. 8. This act shall take effect and be in force from and after
its passage.

Approved March .31, 1897.

COLORADO.
CHAPTER 55.— Laws of 1897.

An Act concerning horticulture, and to repeal sections 5, 6, 7, 8 and
9 of an act entitled "An act to create state and county boards of
horticulture, define their duties and compensation, to protect
and promote the horticultural interests of the state, and to repeal
an act to establish a bureau of horticulture, approved March 8,
1883," approved April 5, 1893.

Section 1. Whenever a petition is presented to the board of
county commissioners of any county, signed by thirty-five (35) free-
holders each one of whom shall be the owner of an orchard of at
least two acres situate and growing in said county, stating that in
their opinion a necessity exists for protecting the horticultural in-
terests of said county, diminishing and destroying fruit pests, and
diseases and insects injurious to fruit-trees, plants, vines and
shrubs, the said county commissioners shall appoint a competent,
experienced horticulturist, a person who shall be known as the
county horticultural inspector, who shall hold his office for the pe-
riod of one year, unless otherwise terminated by said board of county
commissioners. It shall be the duty of the professor of entomology
of the state agricultural college at Fort Collins, in this state, to ex-
amine all persons applying for a license as a horticultural inspector,
and if found competent and fully qualified to perform the duties of
the office, he shall issue to such applicant a license as a county hor-
ticultural inspector, which license shall certify to the competence of
such applicant, and shall authorize him to act as an inspector in any
county in the state for a period of two years from its date. Said pro-
fessor shall receive for such services, a fee of five dollars from such ap-
plicant. No person shall enter upon the duties of the office of such
inspector nor continue in the performance thereof, unless holding such
a license. Such inspector shall also give a good and sufficient bond
before entering upon the duties of his office, in the sum of one
thousand dollars, conditioned for the faithful performance of the
duties of the office, the surety on which bond may be a good and re-
sponsible guarantee company, and shall be approved by the board
of county commissioners. Said inspector shall have the power to
appoint as many deputies as may be necessary subject to the ap-

32 SCALE INSECTS.

proval of the county commissioners who shall act under the direction
and with the authority of said inspector. Said inspector shall be paid
for his services the sum of four (4) dollars per day, and said depu-
ties two dollars and fifty cents per day, out of the county treasury, for as
many days' services rendered as the board of county commissioners
shall, by resolution, authorize. It shall be the duty of such inspector
and his deputies to keep a complete record of their official doings, and to
make a quarterly report thereof to the board of county commission-
ers of said county, who shall withhold the warrant for the salary of
any delinquent inspector or deputy, until such report is made. The
inspector shall furnish each owner or manager of an orchard or
vineyard within his jurisdiction such blanks as may be provided by
the state board of horticulture, containing questions and inquiries
as to the condition of his orchard or vineyard and the extent to
which the requirements of the inspector have been complied with.
Such owner or manager shall fill out said blanks and return them to
the inspector, who shall transmit them to the state board of horti-
culture. The board of county commissioners shall have the power
to remove any inspector or deputy who shall, in their judgment fail
to perform the duties of the office.

Sec. 2. No person or persons, either as an owner, agent, servant,
employee or common carrier shall bring or cause to be brought into
any county in the state of Colorado having a county horticultural in-
spector, from any district, county, state or foreign country, any trees,
vines, shrubs, scions, cuttings, grafts, fruits or fruit pits, without giv-
ing notice of their arrival at their destination within 24 hours there-
after, to the horticultural inspector of said county; nor keep, sell,
plant, expose for sale, deliver, give away or otherwise distribute any
of the articles mentioned in this section, or cause or permit the same
to be done, except upon order of the county inspector and until
they shall first have been inspected as hereinafter provided, and
disinfected to the satisfaction of the said inspector.

Sec. 3. Whenever the county horticultural inspector shall be no-
tified of the arrival of any of the articles enumerated in section 2 of
this act, he shall within 48 hours make a careful inspection of the
same, and if any such articles shall be found by him to be infested
with any disease, live scale, or insect pests, detrimental or injurious
to fruit-trees or the product thereof, or to plant life, such infested
articles shall be removed from the limits of the county within 48
hours thereafter, at the expense of the owner, agent or shipper, or
shall be destroyed. The owner, agent or shipper shall have the right
to elect as to the removal of such infested articles from the county,
or to have the same destroyed by order and under the direction of
said inspector.

Sec. 4. The county horticultural inspector shall have the power
to establish and maintain quarantine and inspecting stations within
his county, whenever and wherever the same may be authorized by

SCALE INSECTS. o6

the board of county commissioners, and of such character as they
shall direct.

Sec. 5. If the result of the inspection of the county horticultural
inspector shall be to put any of the articles mentioned in section 2 of
this act in quarantine, such articles shall be exempt from removal
from the county during the pendency of such quarantine regulations.
Whenever said inspector shall deem it necessary to the safety of the
horticultural interests of his county, he may hold in quarantine for
information, subsequent inspection or disinfection and final order
relative thereto, any of the articles enumerated in said section 2 of
this act for such reasonable time as in his judgment is necessary,
without unreasonable delay.

Sec. 6. Any person or persons who shall ship or bring or cause to
be brought or shipped into any county of the state having a county
horticultural inspector any of the articles mentioned in section 2 of
this act, shall have placed upon or securely attached to each box,
package, or separate parcel of such articles, a distinct mark or label,
showing the name of the owner, agent or shipper, the name of the
grower, and any further evidence necessary to determine the locality
where grown.

Sec. 7. It shall be the duty of the county horticultural inspector
in each county, whenever he shall deem it necessary, to make an in-
spection of any orchard, nursery or trees, or any fruit-packing house,
storeroom, salesroom, or other place or article within his jurisdic-
tion, and if found infested with insects, or pests or diseases injurious
to fruit, fruit-trees, vines, bushes or other horticultural interests
he shall notify the owner or owners, or person or persons in charge
or in possession of such trees, place or other thing as aforesaid, that
the same or any of them are infested with insects, or their eggs or
larvae, or with fruit or fruit-tree diseases, and shall give a formula
for the treatment thereof, and such person or persons so notified
shall eradicate or destroy the said insects or pests, or their eggs or
larvte, within a certain time to be specified in said notice. Said
notices may be served upon the person or persons, or either of them,
owning or having charge, or having possession of such infested place,
trees or other thing as aforesaid, by the inspector or any deputy in-
spector. Any and all such places, trees or other thing thus infested,
are hereby declared and adjudged to be a public nuisance. When-
ever any such nuisance shall exist at any place within his jurisdiction
on the property of any non-resident, or on any property the owner or
owners of which cannot be found by the inspector, after diligent
search within the county, or on the property of any owner or owners
upon which notice has been served, and who refuses or neglects to
abate the same within the time specified, or to follow the directions
given by said inspector for disinfecting the same, it shall be the duty
of such inspector to cause the same to be at once abated, by eradi-
cating or destroying said insects or other pests, their eggs or larvae,
—3

34 SCALE INSECTS.

SO far as practicable, and he may if necessary, cut back, disinfect,
fumigate or burn said infested trees, vines and shrubs, as well as
other articles in the vicinity which are also infested, but the in-
spector shall not proceed to abate any such nuisance where his di-
rections have been followed.

The expense thereof shall be first paid by the county upon filing of
proper vouchers therefor. Any and all sums so paid, together with
the inspectors [ inspector's] salary while engaged upon said property,
shall be and become a lien on the property and premises from which
said nuisance has been removed or abated, in pursuance of this act,
upon the filing with the county clerk and recorder of the said county,
a sworn statement showing the itemized amount of such sum or sums,
and a description of such property or premises. Such lien may be
foreclosed by an action against such property and premises, which
action shall be brought by the district attorney in the name and for
the benefit of the county making such payment. When the property
is sold the proceeds thereof shall be paid into the county treasury of
such county to satisfy the lien and costs, and the surplus, if any,
shall be paid to the owner by order of the board of county commis-
sioners, upon his applying therefor.

Skc. 8. It shall be unlawful for any person or persons to spray
fruit-trees while in bloom with any substance injurious to bees.

Sec. 9. Any person violating any of the provisions of this act
shall be guilty of a misdemeanor, and upon conviction thereof shall
be punished by imprisonment in the county jail for a period of not
less than 10 nor more than 100 days, or by a fine of not less than $10
nor more than $100. Any justice of the peace or district or county
courts of the respective counties shall have jurisdiction to try any
case arising under the provisions of this act.

Sfx\ 10. Sections 5, G, 7, 8 and 9 of an act entitled "An act to
create state and county boards of horticulture; define their duties
and compensation; to protect and promote the horticultural interests
of the state, and to repeal an act to establish a bureau of horticulture,
approved March 8, 1883," approved April 5, 189.3, are hereby repealed.

Sec. 11. In the opinion of the general assembly an emergency ex-
ists, therefore this act shall take effect and be in force from and after
its passage.

Approved April 16, 1897.

KENTUCKY.— Laws of 1897.

An Act to provide for the inspection of nursery stock and to prevent
the dissemination of noxious insects and fungi.

Section 1. That all nurseries in Kentucky, where trees, vines,
plants or other nursery stock are grown and offered for sale, shall be
inspected by the entomologist and botanist of the state agricultural
station once each year at such time as he may elect, and he shall

SCALE INSECTS, 35

notify, in writing, the ownei-s of such nurseries, the commissioner of
agriculture and statistics, the director of the state agricultural ex-
periment station, and the president of the state horticultural society
of the presence of any San Jose scale or other destructively injurious
insects or fungi on the trees, vines, plants or other stock of such
nurseries, and shall also notify, in writing, the owner of any affected
stock that he is required, on or before a certain day, to take such
measures for the destruction of such insects or fungus enemies of
nursery stock as have been shown to be effectual for this purpose.
Said entomologist and botanist shall, for the purpose of this act be,
and he is hereby, declared to be, the state entomologist, and shall
serve without pay other than that he may receive as an officer of the
state agricultural experimental station, but his expenses shall be paid
as hereinafter provided.

Sfx'. 2. The owner of this affected nursery stock shall, within the
time specified, take such steps for the destruction of San Jose scale
or other destructively injurious insects or fungus enemies present as
will exterminate the same, and it shall be a misdemeanor to ship or
deliver any of such stock, punishable by a fine of $50 for every such
offense, the fine recoverable before a justice of the peace or by in-
dictment of the grand jury of the county in which the nursery is sit-
uated, or of that to which such stock may have been shipped.

Sec. 3. Whenevery a nurseryman or seller of trees, vines, plants
or other nursery stock, who is a resident of this commonwealth, shall
ship or deliver any such goods, he shall send on each package so
shipped or delivered a written certificate, signed by him, stating that
the whole and every part of such stock has been examined by a
state or government entomologist and found free from San Jose
scale or other destructively injurious insects or fungus enemies.
Failure to furnish such certificate, or furnishing a false certificate,
shall render him liable to the penalty of a fine of $50 for each and
every such shipment or delivery without such certificate.

Sec. 4. When the state entomologist examines any trees, vines,
plants, or other nursery stock in this state under the provisions of
this act, and finds such nursery stock free from San Jose scale and
other destructively injurious insect and fungus enemies, he is here-
by authorized and directed to make out and deliver, in writing, to
the owner of such stock a certificate stating that he has Inspected
such stock and found the same free from San Jose scale and other
destructively injurious insect and fungus enemies, and he shall file
similar certificates with the commissioner of agriculture and statis-
tics and with the president of the state agricultural and mechanical
college, which certificate shall at all times be svibject to public in-
spection.

Sec. 5. Whenever a nurseryman, fruit-grower or agriculturist in
this commonwealth shall know or have good reason to believe that
his trees, vines or plants are affected with the San Jose scale, yel-

36 SCALE INSECTS.

lows, rosette or other destructive insect or fungus enemies, he shall
have the privilege and it shall be his duty to notify the state ento-
mologist, who shall proceed to the premises designated and examine
the same and suggest and recommend the proper remedies for the
destruction of such insect or fungus enemies that may be present.

Sec. 6. Every package of trees, vines, plants or other nursery
stock shipped into this state from another state shall be plainly
labeled on the outside with the name of the consignor, the name of
the consignee, the contents, and the certificate, signed by a state or
government inspector, showing that the contents have been exam-
ined by him, and that such stock is free from San Jose scale, or other
destructive insect or fungus enemies. Whenever any trees, vines,
plants or other nursery stock are shipped into this state without such
a certificate plainly fixed on the outside of each package, the fact
may be reported to any justice of the peace of this commonwealth,
and said justice shall issue a summons for the consignee of such
package, and the agent of the consignor, if he be known, to appear
before him on a certain day, to be therein named, to show cause why
such trees, vines, plants or other nursery stock should not be seized,
as being in violation of this act, and on trial thereof, if said justice
be satisfied that the provisions of this act have been violated, he
shall order said agent or consignee to return such package of trees,
vines, plants or other stock immediately to the shipper or consignor,
unless such said consignee or agent shall forthwith, and at his own
expense, have such trees, vines, plants or other nursery stock exam-
ined by the state entomologist, or such person as he may appoint to
make the examination, and he certifies to the justice of the peace
that such nursery stock is free from San Jose scale or other destruct-
ive insects or fungus enemies. If such consignee or agent fail to
have such inspection made, or fail to return such package to the
shipper or consignor thereof, then the justice of the peace shall order
and direct the constable or sheriff to burn and destroy, at the ex-
pense of the agent or consignee, all such trees, vines, plants or
other stock as have been shipped into this commonwealth in viola-
tion of law.

Sec. 7. The sum of $500 annually, or so much thereof as may be
necessary, is hereby appropriated for the purpose of paying the ex-
penses of the state entomologist in the performance of his duties
under the provisions of this act, and the auditor of public accounts
is hereby directed to honor requisitions made by said state entomolo-
gist for expenses incurred in the performance of his duties, and the
state entomologist shall make annual report to the treasurer of the
amount expended. *

Sec. 8. Inasmuch as the insect known as the San Jose scale has
appeared in some sections of the commonwealth, a great destruction
of fruit and fruit-trees is imminent therefrom, an emergency is de-

SCALE INSECTS. 37

clared to exist, and this act shall take effect from and after its pas-
sage and approval by the governor.
Approved May 20, 1897.

Upon receipt of a copy of the above law, I wrote to the
Kentucky commissioner asking for exact localities, and re-
ceived the following reply:

Frankfort, January 22, 1898. — Replying to your favor of 19th
inst., I am happy to inform you that the supposed presence of the
San Jose scale in Kentucky has proven to be a mistake. With our
present law on the subject strictly enforced, we confidently hope to
escape this pest. Lucas Moore, Commissioner.

LOUISIANA.— Laws of 1894.

An Act to prevent the introduction, propagation or distribution in
this state of any fruit-trees or fruit growth affected with any in-
fectious disease, or infectious insects injurious to fruit-growth,
and to provide penalties for violation of same.

Section 1. That it shall be unlawful for any person to bring into
this state any fruit-trees or vines, shrubs, scions, cuttings, buds,
grafts, fruit pits, or any kind of fruit growth affected with any in-
fectious disease or insects, injurious to the growth of fruit, or propa-
gate the same, or offer the same for sale or in any way distribute or
attempt to distribute the same in this state.

Sec. 2. That all fruit-trees, vines or shrubs, scions, cuttings,
buds, grafts, or fruit pits or any tree growth of any kind brought
into this state, or offered for sale, or distributed in this state, shall
be properly labeled with the name of the owner, agent, shipper or
grower, and the locality where grown, and shall be subject to the
inspection of the entomologist of the state agricultural experiment
station.

Sec. 3. That it shall be the duty of the entomologist of the state
agricultural experiment station, at the request of the director of such
station, to visit any section of the state, when such visit can be made
without expense to the state, where there are diseased fruit-trees
or any tree growth infected with disease or insects injurious to tree
growth, to examine and report on such diseased fruit, growth or in-
fected tree growth, and if such examinations prove the infected trees
perniciously infected, it shall be the duty of the owner, agent or pos-
sessor of such diseased fruit-trees or infected tree growth to at once
disinfect or destroy the same.

Sec. 4. That any willful neglect or violation of this act shall sub-
ject the offender to a fine of not less than So, nor more than $100, or
imprisonment in the parish or city jail of not less than one day nor
more than three months, or both at the discretion of the court, and

38 SCALE INSECTS.

the provisions of this act shall be enforced by the district attorney
in any court of competent jurisdiction on the complaint of any party
in interest, and all moneys derived from the enforcement of the pro-
visions of this act shall, after the payment of all fees allowed by law,
be paid over to the state agricultural experiment station to carry out
the inspection provided for by this act.
Approved July 11, 189i.

MICHIGAN.— Laws of 1897.

An Act to prevent the introduction or spread of San Jose scale or
other injurious insects or infectious diseases of trees, vines, shrubs
or plants grown in this state or imported from other states, prov-
inces or countries.

Section 1. That it shall be the duty of the state board of agri-
culture, immediately upon the taking effect of this act, to appoint
some competent person who shall be known as state inspector of nur-
series and orchards, who shall hold office during the pleasure of said
board, whose duty shall be to inspect any and all nurseries in the
state of Michigan, as to whether they are infected by San Jose scale
or other injurious or destructive insects or infected with infectious
or contagious diseases, and if upon such inspection he find no
such dangerous insects or diseases, he shall upon payment of per
diem fee hereinafter provided, give to the owner of such nurseries a
certificata to that effect, and shall file a duplicate certificate with
the state board of agriculture ; and in case he shall find present in
any such nursery any of said dangerous insects or diseases, he shall
notify the owner thereof in writing, and shall direct him within five
days to use such means as will exterminate such dangerous diseases
or insects, and the owner of such nursery shall not ship nor deliver
any such trees, vines, shrubs or plants affected by such dangerous
insects or diseases until he shall have secured from said inspector a
certificate as aforesaid.

Sec. 2. The owner of such nursery, trees, vines, shrubs or plants
shall, within the time specified in such notice, take such steps for
the destruction of such insects or diseases as will exterminate the
same, and he shall not ship nor deliver any such trees, vines, shrubs
nor plants affected with such dangerous diseases or insects, under
the penalty of a tine of $1 for every tree, vine, plant or shrub so af-
fected, when shipped or delivered from such nursery, which fine
shall be collected by suit by the prosecuting attorney of the county
in which said nursery is located.

Skc. 3. Whenever it shall happen that the state inspector of
nurseries and orchards shall give the notice heretofore required to
the owner of a nursery, for the destruction of the insects or diseases
mentioned, and said owner shall fail or neglect to take the measures

SCALE INSECTS. 39

necessary for the destruction thereof, within the time mentioned in
the notice given him, it shall be the duty of the state inspector of
nurseries and orchards to have the proper remedies applied to such
nursery for the destruction of such diseases or insects, and shall
employ all necessary assistance and may enter the premises of said
owner of such nursery for the purpose of treating and exterminating
such insects or diseases, and the said owner of such nursery shall be
liable for the costs of such proceeding, for the services of the inspector
at a rate per diem to be fixed by the state board of agriculture, not
to exceed $3 per day, and for such number of days as said board
shall determine, which said charge must be paid before delivery of
the certificate in section 1 of this act.

Sec. 4. Whenever any trees, shrubs, plants or vines are shipped
into this state from another state, country or province, every pack-
age thereof shall be plainly labeled on the outside with the name of
the consignor, the name of the consignee, the contents, and a certifi-
cate showing that the contents have been inspected by a state or
government ofiBcer, and that the trees, vines, shrubs or plants therein
contained appear free from all injurious insects or diseases. When-
ever any trees, shrubs, vines or plants are shipped into this state
without such certificate plainly fixed on the outside of the package,
box or car containing the same, the fact must be reported within 24
hours to the state board of agriculture by the railway, express or
steamboat company, or other person or persons carrying the same ; and
any agent of any railway, steamboat or express company, or any
other person or persons, who shall violate the provisions of this sec-
tion shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined in any sum not less than $25 nor more than
$100, or imprisonment in the county jail not less than 5 nor more
than 30 days, or may be so fined and imprisoned in the discretion of
the court, and any such fine shall be paid to the state board of agri-
culture.

Sec. 5. Any person or persons growing or offering for sale in this
state any trees, vines, shrubs or plants, commonly known as nursery
stock, shall, on or before the first day of August in each year, apply
to the state board of agriculture, for inspection of said stock under
the provisions of this act and a license for its sale, and shall deposit
with said board a fee of $."> as a license fee for himself as principal.
Such license shall be good for one year and shall not be transferable,
and each of such persons, principals, shall execute to the state board
of agriculture, a bond, in the sum of SI, 000, with good and sufficient
sureties satisfactory to said board, conditioned that he will comply
with all the provisions of this act, and that upon demand he will file
with the state board of agriculture a list of the persons to whom he
has sold or delivered any such nursery stock, giving the species, to-
gether with the post-office address of each purchaser, which list shall
be held in strict confidence by the said state board of agriculture.

40 SCALE INSECTS.

and not be subject to inspection by the public. Failure on the part
of any nurseryman, grower, agent or dealer to comply with the pro-
visions of this section shall render him or them liable to the penalties
of a fine of not more than SlOO nor less than 825, or imprisonment in
the county jail for not more than 90 nor less than 30 days, or both
such fine and imprisonment in the discretion of the court, for each
and every such sale. Such information shall be preserved and be
for the sole use of the nursery and orchard inspector and his depu-
ties; provided, that the provisions of the preceding sections shall
not apply to persons engaged in fruit-growing who are not nursery-
men, who desire to sell or exchange surplus trees or plants of their
own growing.

Sec. 6. No person, firm or corporation resident of another state,
province or country shall engage or continue in the business of im-
porting any trees, plants, shrubs or vines, commonly known as nurs-
ery stock, into this state, or of selling such importations wuthin the
state, or of selling such articles within the state, for subsequent im-
portation into it. without first having obtained from the state board
of agriculture a license to do business in this state as provided in
section 5 of this act, and shall have filed with the state board of
agriculture the bond therein required, together with a certificate of
inspection by a state or government inspector or that of some per-
son designated by the Michigan state board of agriculture for such
purpose.

Sec. 7. The state board of agriculture shall, upon receipt of the
fee referred to in this act, together with the required bond and a sat-
isfactory certificate of inspection, issue licenses to the applicant ac-
cording to the provisions of this act.

Sec. 8. Whenever the commissioners under acts number 108 and
109, Session Laws of 1895, known as yellows commissioners, shall be
uncertain as to the existence or nature of any infectious or conta-
gious di.^ease or dangerous insect pest in an orchard or elsewhere, or
in case any dispute shall arise between owners and commissioners, it
shall be the duty of said commissioners to notify the state inspector
of orchards and nurseries, who shall at once investigate or inquire
into the matter and suggest or recommend the proper remedies, and
give all the information he can to aid in exterminating such insects
or diseases, and his decision of the case and recommendation shall
be final.

Sec. 9. It shall be the duty of the state inspector, whenever it
shall come to his knowledge that any destructive insects or infec-
tious or contagious diseases exist in any orchard in this state, or are
supposed to exist, to investigate the case, and if such dangerous in-
sects or diseases are found, he shall have authority to enter upon the
premises and proceed according to the provisions of sections 1, 2
and 3 of this act, in exterminating the same. In case the owner
or occupant of the premises shall refuse or neglect to comply with the

SCALE INSECTS. 41

orders of said inspector within five days, the inspector shall employ
such aid as may be necessary to carry out his orders and recom-
mendations, the expense of which procedure shall be certified to the
township board and by them allowed, who shall cause the same to
be assessed as a special tax upon the premises concerned.

Sec. 10. The state inspector of orchards and nurseries shall have
power to appoint such number of deputy inspectors as may be re-
quired, subject to approval by the state board of agriculture.

Sec. 11. All expenses incurred under the provisions of this act,
not otherwise provided for, shall be audited by the state board of
agriculture, and paid out of the general fund of the state, and the
auditor-general shall draw his warrant for the same ; provided,
that all moneys collected by the state board of agriculture, under
this act, shall be paid into the general fund of the state treasury.

MARYLAND.

CHAPTER 290.— Laws of 1896.

An Act to add to article 48 of the code of public general laws, title
"inspections," a new sub-title, to be known as "trees and nur-
sery stock," and seven new sections thereunder, to be designated
"sections 51, 52, 53, 54, 55, 56 and 57," providing for the exami-
nation of trees, plants, vines and nursery stock, and to extermi-
nate the San Jose scale, rosette, yellows and other diseases and
insects.

Section 1. That there shall be added to article 48 of the code of
public general laws, title " inspections," a new sub-title, to be known
as "trees and nursery stock," and seven new sections thereunder, to
be designated " sections 51, 52, 53, 54, 55, 56, 57."

(51.) The governor of Maryland shall, once in every two years,
designate and appoint one of the professors at the Maryland Agri-
cultural College, state entomologist, who shall serve without pay,
other than that he may receive as professor at said college, but whose
expenses shall be paid, as hereinafter provided, whose duty it shall
be to inspect any and all nurseries in the state of Maryland, where
any trees, plants, vines or other nursery stock is grown, between the
first day of each March and the first day of September next succeed-
ing, and he shall notify, in writing, the owner of such nursery, the
governor of this state and the principal of the agricultural college of
the existence of any San Jose scale, yellows, rosette or any other
insect or disease which may affect the trees, vines, plants or other
stock in such nursery, and also notify the owner thereof, in writing,
that he is required on or before a certain day, to be named therein,
to take such measures as have been shown or proven to be effectual
for the destruction of such San Jose scale, yellows, rosette, or other
disease, to destroy and exterminate the same.

42 SCALE INSECTS.

(52.) The owner of such nursery, trees, vines or nursery stock
shall, within the time specified in such notice, take such steps for
the destruction of such San Jose scale, or other insect or disease as
will exterminate the same, and he shall not ship or deliver any trees,
plants, vines or other nursery stock affected with such disease or in-
sect, under a penalty of a fine of $1 for every tree, plant or vine so
affected when shipped from such nursery, which fine may be col-
lected by suit by the state's attorney of the county in which such
nursery is located, one-half to go to the informer, the balance to be
paid to the trustees of said agricultural college.

(5.3.) Whenever it shall happen that the state entomologist shall
give the notice heretofore required to the owner of a nursery for
the destruction of the insects or diseases mentioned, and the said
owner shall fail or neglect to take the measures necessary for the
destruction thereof within the time mentioned in the notice given
him, it shall be the duty of the state entomologist to have the proper
remedies applied to such nurseries for the destruction of such in-
sects or diseases, and shall employ, all necessary assistance, and may
enter the premises of the said owner of such nursery for the purpose
of treating and exterminating such insects or diseases, and the said
owner of such nursery shall be liable for the costs of such pro-
ceeding.

(5i.) Whenever a nurseryman or seller of trees, plants, vines or
other nursery stock shall ship or deliver any such goods to any pur-
cha.ser in this state, he shall send on each and every package so
shipped or delivered, as well as transmit to the purchaser by mail, a
written or printed certificate signed by him, that the whole and every
part of such stock or goods have been examined by the state or gov-
ernment entomologist, and that the same is entirely free from all
San Jose scale, yellows, rosette, and every other insect or disease
whatever, and failure to furnish such certificate shall render him
liable to the penalty of a fine of S1(X) for each and every such ship-
ment or delivery without such certificate.

(55.) Whenever any nurseryman, fruit-grower or agriculturist in
this state shall know or have good reason to believe that his trees,
plants or vines are affected with San Jose scale, yellows, rosette, or
any other insect or disease, he shall have the privilege and it shall
be his duty to notify the state entomologist thereof, who shall at
once proceed to the premises designated and examine the same, and
suggest and recommend the proper remedies for the destruction of
the same, and give all information he can to aid in exterminating
such insect or disease, and instruct the owner thereof how to use the
remedies he recommends.

(56.) The said state entomologist, when he examines any trees,
plants, vines or nursery stock in this state under the provisions of
this act, and he finds such trees, plants, vines or nursery stock is
free from all San Jose scale, yellows, rosette, or other disease or in-

SCALE INSECTS. 43

sect, he is hereby authorized and directed to make out and deliver
in writing to the owner of such trees, plants, vines or nursery stock,
a certificate that he has examined such trees, plants, vines or nur-
sery stock, and that he finds the same free from all San Jose scale,
yellows, rosette, or other disease or insect, and said state entomolo-
gist shall also file a similar certificate with the governor of the state
and with the president of the said agricultural college, which cei--
tificates shall at all times be subject to public inspection.

(57.) The sum of $500, annually, or so much thereof as may be
necessary, is hereby appropriated for the purpose of paying the ex-
penses of the state entomologist in the performance of his duties
under the provisions of this act, and the comptroller is hereby di-
rected to issue his warrant upon the treasurer for the said sum, and
the state entomologist shall make report to the comptroller of the
amount expended.

(58.) Whenever any trees, plants or vines are shipped into this
state fi-om another state, every package thereof shall be plainly
labeled on the outside with the name of the consignor, the name of
the consignee, the contents, and a certificate showing that the con-
tents have been inspected by a state or government officer, and that
the trees, vines or plants therein contained are free from all San Jose
scale, yellows, rosette and other injurious insect or disease; when-
ever any trees, plants or vines are shipped into this state without
such certificate plainly fixed on the outside of such package, the
fact may be reported to any justice of the peace of this state, and
such justice shall issue a summons for the consignee of such pack-
age, and the agent of the consignor, if he be known, to appear before
him on a certain day to be therein named, to show cause why such
trees, plants or vines should not be seized as being in violation of
the provisions of this act, and on trial thereof, if said justice is sat-
isfied that the provisions of this act have been violated, said justice
shall order said agent or consignee to return said packages of trees,
plants or vines immediately to the shipper or consignor, unless said
consignee or agent shall forthwith have said trees, plants or vines
examined by the state entomologist of this state, and he certify to
such justice of the peace that the said trees, plants or vines are free
from all insect and disease; and if said agent or consignee shall fail
to have such nursery stock examined by the state entomologist, or
fail to return such packages to the shipper or consignor thereof, then
said justice of the peace shall order and direct the constable or
sheriff to burn and destroy all such trees, plants and vines as have
been shipped into this state in violation of law.

Sec. 2. That this act shall take effect from the date of its passage.

Approved April 2, 189G.

44 SCALE INSECTg,

NORTH CAEOLINA.

CHAPTER 264,— Laws of 1897.

An Act to prevent the introduction and dissemination of dangerous
insect, fungous, and weed pests of crops.

Section 1. That for the purpose of this act the state commis-
sioner of agriculture, the director of the North Carolina Agricultural
Experiment Station, and the president of the North Carolina State
Horticultural Society, are hereby constituted a commission for the
extermination of noxious insects, fungous diseases and weeds which
are affecting or may affect crops. They are empowered to elect one
of their number chairman, and to adopt rules and regulations for
their own government, such as may be requisite for carrying out the
provisions of this act. The members of the said commission shall
receive no salary, and shall be allowed only such expenses as have
been speciiically incurred and necessary in attending the meetings
of the commission.

Sec. 2. The members of the commission aforesaid shall hold a
meeting within 30 days after the ratification of this act, and shall
prepare and publish a list of dangerous crop pests, known to be pres-
ent within the state or liable to be introduced, and may at any sub-
sequent meeting extend or amend such list. The commission shall
also publish methods for exterminating such pests as they may deem
capable of being economically exterminated within the boundaries
of the state, and for repressing such as cannot be economically ex-
terminated, and for preventing the spread of such pests within the
state. They may also adopt regulations, not inconsistent with the
laws and constitution of this state and the United States, for pre-
venting the introduction of dangerous crop pests from without the
state, and for governing common carriers in transporting plants
liable to harbor such pests to and from the state, and such regula-
tions shall have the force of laws.

Sec. 3. No person, firm or corporation shall knowingly and wil-
fully keep upon his or their premises any plant infested by any
dangerovis crop pest listed and published as such by the said com-
mission, or permit dangerous weed pests to m'ature seed or otherwise
multiply upon their land except under such regulations as the com-
mission may prescribe. Every such infested plant and premises
are hereby declared a public nuisance. The owner of such plants or
premises shall, when notified to do so by the commission, take such
measure as may be prescribed to eradicate such pests, and if such,
action is not taken, or is improperly executed within 10 days after
being so notified, the commission shall cause said premises to be

SCALE INSECTS. 45

freed from such pests by the best available method, and the cost of
such work shall be a lien against such premises, and may be recov-
ered, together with cost of action, before any court in the state hav-
ing competent jurisdiction. Said notice shall be written, and mailed
to the usual or known address, or left at the ordinary place of business
of said owner or his agent. No damage shall be awarded the owner
of such premises for entering thereon and destroying or otherwise
treating any infested plant or crop, when done by the order of the
commission.

Sec. 1. When said commission has reason to suspect that any
pest listed by them as dangerous exists in any county in the state,
they shall cause such suspicion to be verified by a person competent
to determine the specific identity of such pests of crops, and if such
suspicion prove founded upon fact, shall further appoint, for a des-
ignated time and duty, a competent person their agent to inspect
such infested premises, and to take such measures for treating the
same as the commission may direct. Any duly authorized agent of
the commission shall have authority to enter upon and inspect any
premises between the hours of sunrise and sunset during every
working day of the year. Any one who shall seek to prevent such
inspection, or who shall otherwise interfere with any agent of the
commission while in performance of his duties, shall, upon conviction,
be fined not lees than .$5 nor more than $50 for each offense, or may
be imprisoned for not less than 10 nor more than 30 days.

Sec. 5. For the purposes of carrying out the provisions of this
act, the sum of $500 per annum, or so much thereof as is necessary,
is hereby appropriated out of any funds in the treasury not other-
wise appropriated, and shall be paid by the state treasurer upon
properly authenticated vouchers signed by the chairman of the
commission.

Sec. 6. The said commission shall report to the governor, for
transmission to the next general assembly, its acts and disburse-
ments under the provisions of this act. Such a report, together
with all such circulars as may be issued by the said commission for
the purposes of this act, shall be printed in editions of 1,000 copies
by the public printer, and be paid for as other public printing.

Sec. 7. All laws and clauses of laws inconsistent with this act
are hereby repealed.

Sec. 8. This act shall take effect from and after its ratification.

Ratified March 5, 1897.

Copy of a circular (No. 7) issued by the Nortli Carolina commission August 31,
1897, to common carriers in that state.

To all Railroad, Exi^ress, and Steamshij:) Comjianies and
Common Carriers doing business in North Carolina : You are
hereby notified, by virtue of chapter 2G4 of the acts of the general
assembly of 1897, entitled "An act to prevent the introduction and

46 SCALE INSECTS.

dissemination of dangerous insects, fungous and weed pests of crops,"
which act empowers this commission to prescribe rules for governing
the transportation within the state of trees, shrubs and vines, liable
to harbor and disseminate dangerous insect pests, that the annexed
rules have been adopted and will be enforced on and after the 1st
day of July, 1897. Inasmuch as the interests of all transportation
companies doing business in North Carolina are bound up with the
interests and general prosperity of the commonwealth, and that pros-
perity is seriously menaced by the introduction from other states
and countries of destructive scale insects and other similar peets, it
is hoped and believed that all companies will themselves cheerfully
observe these rules, and endeavor by all the means in their power to
uphold the commission in the work devolving upon it. They will
thus serve to protect fruit-growing along their lines, and the future
business involved. It is not the intention or desire of the commis-
sion to interfere unnecessarily with traffic in nursery stock, nor to
prevent the bringing of such freight into the state. It only desires
to insure the freedom of such stock from destructive parasites. The
rules adopted by the commission are reasonable and not onerous.
If faithfully observed, the rules will for the future prevent the dis-
semination of these dangerous pests in our state. The rules below
will be strictly enforced as far as it lies in the power of the commis-
sion:

Rule 1. No transportation company or common carrier shall de-
liver to any consignee at any station point located in North Carolina
any package, bale, box or single specimen of any tree, shrub or
woody vine, nor accept such for transportation from any point in the
state, unless each separate package, bale, box, or single specimen,
has attached a label stating the name and address of the grower,
preceded by the words, "Grown by." Said plants or packages of
plants shall also have affixed a certificate from this commission that
the nursery wherein the plants were grown had been examined and
found free from San Jose scale and all other dangerous insects. The
date of the certificate must not be more than six months from
date of shipment of such stock. Certificates from others will not be
recognized. The necessity for certifying does not extend to seeds,
roots or herbaceous plants, nor to strawberry plants.

Rule 2. If by any oversight, accident, negligence, or otherwise,
any invoice of uncertified trees, shrubs or woody vines, is received at
any station, depot, wharf or warehouse within this state, such stock
must not be delivered or rcMiioved from the place where the same was
first stored, but shall within 48 hours after receipt be sent out of the
state, if brought from without the state, or if shipment originated
within the state, the plants, with their containing cases and pack-
ing, shall be destroyed by fire; such shipment being held unlawful
by this commission. No person other than a duly authorized agent
of this commission shall be permitted to open or inspect such plants,

SCALE INSECTS. 47

further than may be necessary to determine the absence of a label
and certificate as required by law. Transportation companies will
immediately report to the commission any violation of this regula-
tion, together with the action of the company. Said report is to in-
clude the name and address of the shipper and of the consignee.

Rule 3. Any transportation company or common carrier or other
person wilfully disregarding the said law and the above rules pre-
scribed in pursuance thereof, will be guilty of a nuisance and liable
to action for damages, punishable with fine or imprisonment.

(Signed) , Chairman.

Copy of a circular (No. 8) issued by the North Carolina commission August 31,
1897, to nurserymen and others.

To Nurserymen and Dealers who Ship yursery Stock into
North Carolina: Your attention is called to the inclosed copy of cir-
cular No. 7 of this commission, relating to the shipment of nursery
stock into North Carolina. You will notice that there is a modification
in the regulations previously adopted, in that each package, etc.,
shipped into the state must have the certificate of this commission
attached thereto, instead of the certificate of the official entomolo-
gist of the state in which your nursery is located. The certificate of
this commission, together with 100 facsimile copies, will be issued
without charge to each nurseryman, upon filing with this commis-
sion a certificate from the official entomologist of the state in which
the nursery is located that said nursery was, within six months, per-
sonally examined by him, and the growing stock found free from
San Jose scale. West Indian scale, black-knot, and other infectious
pests, and apparently healthy in every respect. The certificates of
this commission will bear date of April 1 or October 1, and will be
good for only six months. It is not the purpose of this commission
to interfere in any way with the sale of good nursery stock in the
state. It is not believed that the rules and regulations of this com-
mission will be found onerous to those who fully appreciate the ne-
cessity of protecting our horticultural interests.

(Signed) , Chairman.

48 SCALE INSECTS.

OHIO.— Laws of 189G.

An Act to prevent the spread of yellows, a contagious dise.ise among
peach, almond, apricot and nectarine trees, and to prevent the
spread of black-knot, a contagious disease among cherry, prune
and plum trees, or any other contagious disease of fruit-trees,
also the infection known as the San Jose scale, and to provide
measures for the eradication of the same.

Section 1. That it shall be unlawful for any person to keep, or
permit to be kept upon his premises or upon premises under his
charge or control, as owner or lessee or otherwise, any peach, almond,
apricot or nectarine tree infected with the contagious disease known
as yellows, or to keep any affected part of any cherry, plum or prune
tree infected with the contagious disease known as black-knot, which
affects one or more branches or any tree infested with San Jose scale
or any of the fruit from any tree infected with peach yellows, or to
sell or offer for sale, or to ship or permit to be shipped to any person
in any manner, any of said yellows fruit ; that both trees and fruits
so infected, except as aforesaid, shall be subject to destruction as
public nuisances as hereinafter provided, and it shall be the duty of
every person owning any fruit or having in their charge or under
their control any fruit from any of the said trees so infected or any
of such fruit so infected, except as aforesaid, and of every person
having any of said fruit-trees so infected in their charge or under
their control as owner, agent, lessee or otherwise, to immediately de-
stroy all trees so infected and all of said fruit so infected by burning
the same ; and whoever owning any of said fruit-trees so infected, or
whoever having any of the same in charge as agent, servant, em-
ployee or lessee or otherwise, shall fail or neglect to destroy all of
the same within 10 days after notice given to him by the township
board of fruit commissioners, hereinafter mentioned, of such in-
fected condition, shall be guilty of a misdemeanor, and upon con-
viction shall be fined in any sum not exceeding SlOO ; provided,
however, that in case of the black-knot in any fruit-tree, it shall be
sufficient to cut away and destroy only the limb or part of the tree
affected with black-knot, and destruction or the term destroy in this
act shall be construed to mean destruction by fire. It shall be suffi-
cient to extinguish the San Jose scale with effective insecticides.

Sec. 2. It is further provided that any nurseryman, agent, dealer
or other person who shall sell or offer for sale, any fruit-trees for
planting that are affected with any contagious disease, or infested
with the pest known as the San Jose scale, or other obnoxious insect
pest, shall be guilty of a misdemeanor, and upon conviction shall be
fined not lees than $10 nor more than SlOO. Whenever the disease

SCALE INSECTS. 49

known as peach yellows, also black-knot of the plum, cherry and
prune are found to exist, not less than five freeholders in any town-
ship in Ohio may petition the township trustees to appoint a town-
ship board of fruit commissioners, recommending in said petition
three or more of the most competent and best qualified persons
known in said township for the position. It shall be the duty of the
trustees to speedily appoint for the township fruit commission, two
of whom they consider the most capable freeholders in the township,
who are growers of fruits liable to be diseased, one of whom must be
familiar with the symptoms and nature of the diseases aforesaid
mentioned, and shall be the foreman of said commission. If the
other member of the commission be unlearned, he shall diligently
strive to become acquainted with the diseases they are to investigate.
Where any serious difference arises between the two commissioners,
regarding the infected fruit or trees, the foreman of the nearest out-
side commission shall be called by the trustees as referee, and his
decision shall be conclusive. In case an expert cannot be found in
the township, the trustees shall employ the nearest one outside the
township, that they can find, whose term or service shall continue
during the year. The commissioners shall hold office till the first of
April following their appointment. The township fruit commission
shall be kept up as long as destructive diseases prevail and there is
need of its existence, and the township trustees shall annually ap-
point the commissioners comprising it at their regular April meeting,
and the said commissioners shall take their oath of office and file
their acceptance with the township clerk. To aid the trustees in
their selection, five or more freeholders, who are interested in fruit-
growing, may petition them to appoint certain persons whom they
shall name and recommend in said petition for the consideration of
said trustees in making their appointment. The compensation for
each commissioner shall be $2 and necessary expenses for each day's
time engaged in the business of said office, and $1 for each half day,
all of which shall be allowed by the township trustees, and paid out
of the funds of said township. It is further provided that in case a
member of the township fruit commission proves seriously inefficient
and is unfaithful in the discharge of his official duties, on petition of
five freeholders the trustees of said township shall investigate the
complaints and charges made against said commissioner, and if they
find good and sufficient cause, shall remove him and appoint another
person to fill his place.

Sec. 3. The township clerk shall be clerk ex officio of the town-
ship board of fruit commissioners, and he shall keep a correct and
complete record of all their proceedings in a book to be provided him
by the township trustees for that purpose, and he shall file and pre-
serve all papers belonging to said board of commissioners, or either
of them, and pertaining to their duties, all of which shall be a part
of the public records of said township, and he shall receive such rea-
—4

50 SCALE INSECTS.

sonable compensation for such services as the township trustees may
allow. It shall be the duty of the Ohio Experiment Station to pub-
lish a bulletin, that shall plainly give full and complete information
regarding the causes, symptoms, devastating effects and cure or
treatment of peach yellow, black-knot, San Jose scale, or other seri-
ous contagious disease of fruits in sufficient quantity to supply every
grower of fruit liable to these diseases, in the state. It shall be the
duty of the annual township assessor to record the name and address
of every person who owns or has charge of any peach, plum, cherry,
prune, apricot or almond tree or trees, giving the name and number
of each kind, and after the canvass of the township to file said re-
port with the township clerk, who, with the aid of the foreman of the
township fruit commission, shall inform the state experiment station
of the number of bulletins needed in that township, and on receipt
of the same the clerk shall mail or deliver one copy to each person
who owns or has charge of any and all trees that are liable to serious
damage from the contagious threatening diseases treated upon in
said bulletin.

Sec. 4. It shall be the duty of said board of fruit commissioners
upon or without complaint to carefully seek out, keep down and
stamp out the contagious fruit diseases aforesaid mentioned, also the
San Jose scale, or other noxious insect pest in every part of the
township, during all seasons when the symptoms are plainly to be
seen by either of them, to jjroceed together much as possible, without
delay and examine the trees and fruit supposed to be infected, and
if any of said diseases are found to exist by said fruit commission,
they shall place upon the diseased tree a distinguishing mark, and
shall place upon the fruit a placard, and indorse thereon the diseased
condition of such fruit, and they shall forthwith cause notice in
writing to be served upon the owner of the same, if he be a resident
within the county, and if the owner be not a resident of such county,
then the written notice may be served upon the person having the
same in charge for the owner or agent, employee, lessee or otherwise ;
such notice may be served personally or by copy left at the usual
residence of any such person, and if no such person resides within
such county upon whom service can be made, then such notice may
be served by mail by being deposited in a post-office, postage prepaid,
and addressed to the post office address of such person wherever he
may reside. Such notice shall contain a simple statement of the
facts as found to exist, with an order of said board of fruit commis-
sioners to remove and destroy by burning the trees so marked and
designated, the whole tree, roots and branches, where infected with
yellows, and the branches infected with black-knot, and the fruit so
marked by placard, within 10 days from date of service of said
notice, Sundays excepted, and if any person whose duty it is hereby
made to destroy the same, fails, neglects or refuses to destroy the
same as mentioned in such order of said commissioners, for a period

SCALE INSECTS. 51

of 10 days after the service thereof, then the said commissioners be
and are hereby authorized to enter upon the premises of any person
and destroy all such fruit and trees so mentioned and found to be so
diseased which they have marked or placarded, and said commis-
sioners are hereby authorized to employ all help and secure all neces-
sary means to so destroy the same, all of which shall be allowed by
the township trustees and paid out of the township treasury. And
in cases where said commissioners shall execute their own orders
upon default of the person whose duty it is to execute the same, the
costs shall be paid by the owner of the condemned fruit or trees, and
in case of his failure to pay the same and all dues, after demand
made by the trustees of such township, the said trustees shall cer-
tify the same together with a penalty of 20 per cent, to the auditor
of the county to be placed upon the tax duplicate, and the same
shall become a lien upon the premises of such person from the time
of filing the same with the auditor, and collected by the county treas-
urer as other taxes. Any person who may be dissatisfied with the
action of the township fruit commission in condemning his or her
fruit-trees, or diseased fruit, on the ground that said trees or fruit
are not diseased, but sound and healthy, may appeal in writing, stat-
ing their grievance in full to the township trustees, who shall imme-
diately refer the case through the township clerk, to the professor at
the Ohio Experiment Station, who is an expert in the line of the com-
plaint, whose duty it shall be to forthwith proceed to view the fruit
or trees in controversy, and whose decision shall be final. All costs
and expenses in the case shall be paid by the complainant, if de-
feated, and if not, by the trustees of the township in which the com-
plaint is made.

Sec. 5. An act entitled "An act to prevent the spread of yellows,
a contagious disease among peach, almond, apricot and nectarine
trees, and to prevent the spread of black-knot, a contagious disease
among cherry, prune and plum trees, and to provide means for the
eradication of the same, and to repeal an act entitled 'An act to
amend section 1 of an act to eradicate the disease known as black-
knot on plum and cherry trees,' " passed April 4, 1894, is hereby re-
pealed.

Passed April 18, 1896.

52 SCALE INSECTS.

OREGON.— Laws of 1895.

An Acn' to amend an act entitled "An act to create a state board of
horticulture and appropriate money therefor," approved February
25, 1889, and an act amendatory thereof, entitled "An act to amend
an act entitled 'An act to create a state board of horticulture and
appropriate money therefor,' approved February 25, 1889," ap-
proved February 21, 1891, and to protect the horticultural indus-
try in Oregon.

Skc. 10. It shall be the duty of the several members of the
board, and of the secretary, under their direction, whenever they
shall deem it necessary, to cause an inspection to be made of any
orchards, nurseries, trees, plants, vegetable.s, vines, or any fruit pack-
ing-house, storeroom, salesroom, or any other place within their dis-
tricts, and if found infested with any pests, diseases, or fungous
growths injurious to fruits, plants, vegetables, trees, or vines, or with
their eggs or larvie, liable to spread to other places or localities, or
such nature as to be a public danger, they shall notify the owner or
owners, or persons in charge of or in possession of such articles,
things, or places, that the same are so infested, and shall require
said persons to eradicate or destroy said insects or pests, or their
eggs or larv;e, or to treat such contagious diseases within a certain
time, to be specified in said notice. Said notices may be served upon
the person or persons, or any of them, owning, having charge, or
having possession of such infested place, article, or thing, by any
member of the board, or by the secretary thereof, or by any person
deputed by the said board, or any member or the secretary thereof,
or by any person deputed by said board for that purpose, or they
may be served in the same manner as a summons in an action at law.
Such notice shall contain directions for the application of some
treatment approved by the commissioners for the eradication or de-
struction of said pests, or the eggs or larvie thereof, or the treatment
of contagious diseases or fungous growths. Any and all such places,
orchards, nurseries, trees, plants, shrubs, vegetables, vines, fruit, or
articles thus infested are hereby declared to be a public nuisance :
and whenever any such nuisance shall exist at any place in the state
on the property of any owner or owners upon whoiu or upon the per-
son in charge or possession of whose property notice has been served
as aforesaid, and who shall have failed or refused to abate the same
within the time specified in such notice, or on the property of any
non-resident, or any property not in the {Kissession of any person and
the owner or owners of which cannot be found by the resident mem-
ber of the board or the secretary, after diligent search within the
district, it shall be the duty of the board, or the members thereof in

SCALE INSECTS. 53

whose district said nuisance shall exist, or the secretary under his or
their direction, to cause such nuisance to be at once abated, by eradi-
cating or destroying said insects or pests, or their eggs or larvtB, or by
treating or disinfecting the infested or diseased articles. The expense
thereof shall be a county charge, and the county court shall allow and
pay the same out of the general fund of the county. Any and all sums
so paid shall be and become a lien on the property and premises from
which said nuisance shall have been removed or abated, in pursuance
of this act, and may be recovered by a suit in equity against such
property or premises ; which suit to foreclose such liens shall be
brought in the circuit court of the county where the premises are
situated, by the district attorney, in the name and for the benefit of
the county making such payments. The proceedings in such cases
shall be governed by the same rules, as far as may be applicable, as
suits to foreclose mechanics' liens, and the property shall be sold
under [the order of the court, and the proceeds applied in like man-
ner. The board is hereby invested with the power to cause such
nuisances to be abated in a summary manner.

Approved February 23, 1895.

PENNSYLVANIA.— Laws of 1897.

An Act to prevent the spread of the contagious diseases known as
yellows, black-knot, peach rosette and pear-blight among peach,
plum, cherry, prune, almond, apricot, nectarine and pear trees,
or the fruit thereof, and providing measures for the eradication
of the same, and applying the provisions of this act to " San Jose
scale," when found on any vine, plant, shrub or fruit-tree.

Section 1. That it shall be unlawful for any person to keep any
peach, almond, apricot, plum, cherry, nectarine or pear tree infected
with the contagious diseases known as yellows, black-knot, peach
rosette, or pear-blight, or to offer for sale or shipment, or to sell or to
ship any of the fruit thereof, except the fruit of the plum, cherry
and pear tree ; that both tree and fruit so infected shall be subject
to destruction as public nuisances as hereinafter provided. No
damages shall be awarded in any court in the state for entering upon
the premises and destroying such diseased trees, or parts of trees, or
fruit, if done in accordance with the provisions of this act. It shall
be the duty of every person, as soon as he becomes aware of the ex-
istence of such disease in any tree, parts of trees, or fruit owned by
him, to forthwith destroy or cause said trees or fruit to be destroyed.

Sec. 2. In any township, borough or city of this state in which
such contagious diseases exist, or in which there is good reason to
believe they exist, or danger may be justly apprehended of their
introduction, it shall be the duty of the township supervisors or
board of road control, or borough or city council, as soon as such

54 SCALE INSECTS.

information becomes known to either such board or councils, or any
member thereof, to appoint, forthwith, three competent freeholders
of said t<^)wnship, borough or city as commissioners, who shall hold
ofiBce during the pleasure of said board, borough or city council, and
such order of appointment and of revocation shall be entered at large
upon the township, borough or city records; provided, that the com-
missioners now appointed and in office shall continue in said office
until their successors are appointed and qualified ; provided, that in
case commissioners have already been appointed to prevent the
spreading of bush, vine and fruit-tree pests, such commissioners
shall be, ex officio, commissioners under this act.

Sec. 3. It shall be the duty of said commissioners within 10 days
after the appointment as aforesaid, to tile their acceptances of the
same with the clerk of said township, borough or city, and said clerk
shall be ex officio clerk of said board of commissioners and he shall
keep a correct record of the proceedings of said board in a book to be
provided for the purpose, and shall tile and preserve all papers per-
taining to the duties and actions of said commissioners, or either of
them, which shall be a part of the records of said borough, township
or city, providing that if there is no township clerk, then it shall bo
the duty of the township auditors to select one of their number as
such clerk.

Sec. 4. It shall be the duty of the commissioners, or any one of
them, upon or without complaint, whenever it comes to their notice
that either of the diseases known as yellows, black-knot, peach
rosette or pear-blight exist or are supposed to exist within the limits
of their township, borough or city, to proceed without delay to ex-
amine the tree or fruit supposed to be infected, and if the disease is
found to exist a distinguishing mark shall be placed upon the dis-
eased trees, and the owner notified personally or by a written notice
left at his usual place of residence ; or if the owner be a non-resident
by leaving the notice with the person in charge of the trees or fruit,
or the person in whose possession said trees or fruit may be. The
notice shall contain a simple statement of the facts as found to exist
with an order to effectually uproot and destroy by fire, or as the
commissioner shall order, the trees so marked or designated, or such
parts thereof, within five days, Sundays excepted, from the date of
the service of the notice ; and in case of fruit infected such notice
shall require the person in whose possession or control it is found to
immediately destroy the same, or cause it to be done, or the com-
missioner may destroy the same. Said notice and order to be signed
by one or more of the commissioners.

Sec. 5. In case any person who is interested in any tree or.trees so
ordered to be destroyed shall feel aggrieved by such order, and shall
believe that such trees are not so diseased, he may serve a written
notice upon all of the commissioners in the township in which such
trees are situated, which notice shall specify the part of such order

SCALE INSECTS.

55

to which objection is made, and the particular tree or trees included
in such order which it is claimed are not so diseased, and shall re-
quest an examination of such tree or trees by all of said commission-
ers, which notice shall be served personally upon each of said
commissioners within the five days given for the destruction of said
trees, and it shall thereupon be the duty of all said commissioners
who have not already done so to personally examine such tree or
trees as soon as practicable, and within said five days, and if a ma-
jority of all commissioners shall agree that such tree or trees are so
diseased they shall order the same to be destroyed forthwith by the
owner or custodian thereof ; but if a majority shall decide that such
tree or trees, or any of them, are not so diseased, they shall revoke
the order of the commissioner to destroy the same as far as it relates
to the trees so found to be free from disease, but this section shall
not apply to fruit ordered to be destroyed.

Sec. 6. Whenever any person shall refuse or neglect to comply
with the order to remove and destroy the trees or parts of trees so
designated and marked by the commissioner, as aforesaid, it shall
become the duty of the commissioner to cause said trees, or parts of
trees, to be removed and destroyed forthwith, employing all neces-
sary aid for that purpose. , The expenses for such removal and de-
struction of trees, or parts of trees, to be a charge against the town-
ship, borough or city; and for the purpose of such removal or
destruction the said commissionerfs, their agents and workmen, shall
have the right and power to enter upon any and all premises within
their township, borough or city.

Sec. 7. If any owner neglects to uproot and destroy or cause to
be removed and destroyed, as aforesaid, such diseased trees or parts
of trees or fruit after such examination and notification, and within
the time hereinbefore specified, or any other person who shall sell or
offer for sale such diseased fruit, such person shall be deemed guilty
of a misdemeanor, and punished by a fine not exceeding $100, in the
discretion of the court ; and any justice of the peace of the township
or borough, or any alderman of any city, where such trees may be or
where such nursery stock or fruit is sold, shipped, disposed of or de-
livered as aforesaid, shall have jurisdiction thereof. The words
"part of trees" wherever used in this act shall refer to black-knot
and pear-blight only, and not to trees affected with yellows.

Sec. 8. The commissioners shall be allowed for services under
this act, $2 for each full day, and $1 for each half day, and then-
other charges and disbursements under this act by the township
board, borough or city council, all of which costs, charges, expenses
and disbursements may be recovered by the township, borough or
city from the owner of such diseased fruit or nursery stock, or from
the owner of the premises on which said diseased trees stood, in
action of assumpsit ; provided, said owner has refused or neglected to
remove said diseased fruit or nursery stock in compliance with the

56 SCALE INSECTS.

order of said commissioner or commissioners; and provided, that the
provisions of this act shall apply to the San Jose scale when fou d
on any vine, plant, shrub or fruit-tree.

Sec. 9. All acts inconsistent with this act are hereby repealed.
This act is ordered to take immediate effect.

Approved June 18, 1897.

UTAH.
CHAPTER 33.— Laws of 189i.

An Act authorizing county courts to appoint fruit-tree inspectors
and to provide for the destruction of fruit-destroying insects.

Section 1. It shall be the duty of the county court of any county
in the territory of Utah where fruit is grown to appoint one or more
fruit-tree inspectors for such county.

Sec. 2. The duties of the fruit-tree inspectors of each county
shall be to inspect every orchard, vineyard or nursery in such county
at such time and under such regulations as the county court shall
prescribe. He shall annually report to the county court every item
of interest and the result of his labors pertaining to the duties of his
office.

Sec. 3. It shall be the duty of the probate judge of any county
wherein fruit-trees are growing, to annually issue his proclamation,
stating the time or times when it is prudent and proper to spray
fruit-trees and to otherwise disinfect orchards that are infested with
any kind of fruit-destroying insects, in which he shall name two or
more formulas that have Vjeen used and approved for such purposes.

Sec. 4. The inspector shall leave a printed notice with or mail to
every owner, occupant, or person in charge of any orchard, vineyard
or nursery, produce dealer, storage or commission merchant, or any
person handling fruit, on whose premises he shall find any kind of
fruit-destroying insects, their larv;v3 or their pup;»?, commanding
them to disinfect their trees, vines, storerooms and premises in con-
formity with the proclamation of the probate judge. Such notice
must be sigued by the inspector, who shall note in the stub of said
notice the name of the person so notified and the date on which such
notice was served or duly mailed to him.

Sec. o. The county court is hereby authorized and required to
provide for the publication of the proclamation required by section 3,
and to formulate such rules arid regulations as it may deem proper,
to govern the actions of the fruit-tree inspector in his duties, and to
give such public notice as it may deem proper in relation to the dis-
infecting of storerooms, warehouses and salesrooms where fruits in
either a green or dried state may be stored, handled or offered for
sale.

SCALE INSECTS. 57

Sec. 6. Any owner, occupant or person in charge of land on which
fruit-trees are growing who has been notified as provided for in sec-
tion 4 of this act to disinfect his trees or vines, who shall fail or neg-
lect without sufficient cause to comply with said notice, shall, after
conviction in a court having jurisdiction, be deemed guilty of a mis-
demeanor.

Sec. 7. When the owner, occupant or person in charge of any
premises shall have been convicted on account of neglect or failure
to carry out the provisions of section 6 of this act, and he still re-
fuses to comply therewith, all infested trees or vines on his premises
may be disinfected at the expense of the owner or occupant of said
premises.

Sec. 8. Any person who fails to disinfect his storeroom, ware-
house or salesroom as directed by the fruit-tree inspector shall be
deemed guilty of a misdemeanor.

Sec. 9. All persons importing or exporting trees in any county
must get the inspector's certificate that such trees are free from
fruit-destroying insects, their larva? or their pup;^?, and a failure or
neglect so to do shall subject them to the penalties provided for in
section 8 of this act.

Sec. 10. The compensation of the fruit-tree inspector shall be
fixed by the county court and paid out of the county treasury; and
all fines collected under the provisions of this act shall be paid into
the county treasury.

Sec. 11. This act shall take effect from and after its approval.

Approved March 7, 1894.

VIRGINIA.— Laws of 1896.

An Act to eradicate the San Jose or pernicious scale, a disease
affecting fruit-trees, and to prevent its spread.

Section 1. The board of control of the state agricultural experi-
ment station be, and is hereby, empowered and directed to take im-
mediate action to suppress and eradicate this insect.

Sec. 2. The said board is hereby authorized and required to des-
ignate a member of the scientific staff of the agricultural experiment
station to act as an inspector under the provisions of this act, and it
shall be the duty of the said board to promulgate at once rules and
regulations in accordance with this act for the government of the
said inspector in the duties devolving upon him in the execution of
the provisions of this act ; and the said Board may further employ
temporarily an assistant by the day for the purpose of executing the
orders of the inspector in regard to the treatment of the infected
plants.

Sec. 3. The inspector shall have power under the regulations of
the said board to determine whether any infested plants are worthy

58 SCALE INSECTS.

of remedial treatment, or shall be destroyed ; and he shall immedi-
ately report his findings in writing, giving reasons therefor, to the
owner of the infested plants, his agents or tenants, and a copy of
each such report shall also be submitted to the said board. In case
of objection to the findings of the inspector, an appeal shall be to
the said board, whose decision shall be final; an appeal must be
taken within three days, and shall act as a stay of proceedings until
it is heard and decided.

Sec. i. Upon the findings of the inspector in any case of infested
plants, the treatment prescribed by him shall be executed at once
(unless an appeal is taken;, under his supervision: cost of material
and labor shall be borne by the owner: provided, however, that
in case the plants shall be condemned they shall be destroyed by
the inspector, and the expense of such action shall be borne by the
owner.

Sec. 5. In case any person or persons refuse to execute the direc-
tion of the inspector or of the said board after an appeal, the county
judge shall, upon complaint filed by the inspector or any freeholder,
cite the jjerson or persons to appear before him at the first regular
session of the county court, and upon satisfactory evidence shall
cause the prescribed treatment to be executed, and the expense
thereof and costs of court shall be collected by warrant from the
owner or owners of the infested plants.

Sec. 6. It shall be unlawful to offer for sale, sell or transport
plants, scions, trees, shrubs or vines known to be infested with the
San Jose scale. Any person or persons violating this section shall,
upon conviction thereof, be fined not less than 850 nor more than
8100.

Sec. 7. The said board of control of the agricultural experiment
station, its agents or employees, are hereby empowered with author-
ity to enter upon any premises and examine all plants whatsoever in
discharge of the duties herein prescribed. Any person or persons
who shall obstruct or hinder them or their agents in the discharge of
these duties shall be deemed guilty of a misdemeanor, and upon con-
viction thereof shall be fined not less than 820 nor more than $~)0.

Sec. 8. The said board shall make an annual report to the gov-
ernor of the state, giving in detail its operations and expenditures
under this act.

Si:c. 9. This act shall be in force from its passage.

Approved March 5, 1896.

SCALE INSECTS. 59

WASHINGTON.

CHAPTER 51.— Laws of 1895.

An Act relating to the state board of horticulture, amending sec-
tions six, seven, eight and ten of the act approved February 16,
1891, entitled "An act to create a state board of horticulture and
appropriate money therefor, and declaring an emergency, and
providing a penalty for a violation of the provisions of this act."

Section 1. Section 6 of said act is hereby amended to read as
follows : Sec. 6. For the purpose of preventing the spread of con-
tagious diseases among fruit, fruit-trees and orchards, and for the
prevention, treatment, cure and extirpation of fruit pests, fungus
growths and the disease of fruits, fruit-trees and orchards, and for
the disinfection of grafts, scions or orchard debris, empty fruit boxes
or packages, and other suspected material or transportable articles
dangerous to orchards, fruits and fruit-trees, said board shall make
regulations for the inspection and disinfection and quarantining
thereof, which regulations shall be circulated in printed form by the
board among the fruit-growers and fruit dealers of the state, and
shall be published three times in each of three papers of general cir-
culation, located in three ditferent parts of the state, and shall be
posted in three conspicuous places in each county, one of which shall
be at the county court-house thereof. Any violation of said regula-
tions shall be deemed a misdemeanor, and shall be punished by a
fine of not less than $25 nor more than $100, to be a charge upon the
real property of the person convicted and on the property, on ac-
count of the infection of which, or the failure to disinfect which, said
conviction is had.

Sec. 2. Section 7 of said act is hereby amended to read as fol-
lows : Sec. 7. Each member of the board shall be an inspector of
fruit pests for his respective district. He shall inspect or cause to
be inspected, at least once a year each county of his district and in-
spect and investigate the needs and requirements of the horticultural
and kindred industries of his district. And for the purpose of carry-
ing out this provision each of said inspectors in his own district shall
have power to appoint in each county of said district a deputy in-
spector with full powers to act in the place of said inspector for said
district, such appointment of deputies may be made and revoked at
the pleasure of the said inspector, and for such length of time only
as he shall deem absolutely necessai-y. The deputy inspector shall
receive for his services the sum of $2.50 per day for each day actually
and necessarily employed. It shall be the duty of each member to
see that the laws of the state pertaining to horticulture and also the
rules and regulations of the board, be made known and are strictly

60 SCALE INSECTS.

enforced, to prevent the spread of fruit i)ests and diseases of trees
and plants injurious to the horticultural interests of the state, and
for the disinfection of fruits, trees, plants, vines, grafts, scions,
orchard debris, empty fruit boxes and other material. Each mem-
ber of the board, upon his own motion, or upon complaint made
to him by any person, shall inspect orchards, gardens, hop fields,
nurseries, storerooms, fruit stands or other places suspected or be-
lieved to be infected by fruit pests, or infested with contagious
diseases injurious to trees, y)lants, or fruits. He shall make a full
report to the Vjoard at each meeting in April and October of each
year, as to the condition of his respective district, in regard to the
horticultural interests therein ; but no member shall devote more
than 60 days' time each year upon his own motion, unless exceed-
ingly urgent necessity demands it, which must be determined by the
board. Each member shall receive the same compensation when
attending to the duties of inspector in his district, and mileage actu-
all}- paid out shall be allowed, as received when attending the meet-
ings of the board. The secretary, under the direction of the board,
may exercise throughout the state any power in this act conferred
on each member of the board, as inspector of pests.

Sec. 3. Section 8 of said act is hereby amended to read as fol-
lows: Sec. 8. When a member of the board, upon hie own motion,
shall make complaint, or when complaint is made by any person to a
member of the board, or a member of the board suspects that any per-
son or persons, company or corporation has an orchard, trees or nur-
sery of trees, vineyard or garden, fruit-packing house, storeroom, or
that any other place in the state is infested with any noxious insects,
the eggs or larvii? of any such insects, or that any package of trees,
plants or fruits are in transit to this state, or about to be dissemi-
nated, which are known or suspected to be from localities that are
infested with any disease or pest, injurious, or that may become in-
jurious, to the fruit interests of the state, such member, if he has
not already inspected the premises or property, shall inspect the
premises or property so complained of, or suspected as aforesaid, and
if the same is found to be infested as aforesaid, such member shall
notify in writing the owner or his agent, or the person in charge of
the same, to treat and disinfect said premises or property withm a
time and in a manner to be prescribed in said notice. If any person
so notified shall neglect or refuse to disinfect said premises or prop-
erty in the manner and in the time prescribed in said notice, the
person so notified shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall V)e fined not less than S2.") nor more
than 810(), in addition to the cost of the action, which fine and cost
shall be a lien and charge upon said premises or property, and if the
party convicted shall thereafter neglect or refuse to disinfect said
premises or property, said failure, neglect or refusal for the period of
five days shall he deemed a new offense, and shall subject the party

SCALE INSECTS. 61

committing it to conviction in like manner and with like penalty and
costs as in the first offense. The penalty and cost of such action or
actions, upon being docketed in the superior court, shall be a judg-
ment lien upon all real property of the party convicted, and shall
bear legal interest until paid ; provided, however, that the court
may, in its discretion, upon conviction, declare the premises and
property infected a nuisance and order the same abated, the costs
of the same to become a judgment against the real property as be-
fore mentioned.

Sec. 4. Section 10 of said act is hereby amended to read as fol-
lows : Sec. 10. Any person or persons who shall bring into the state,
sell, offer for sale, distribute or give away fruit-trees, plants, shrubs,
fruit or other material infested with the injurious insect popularly
known as the San Jos6 scale [Asi^idiotus jjerniciosus), or any other
live or injurious insect of this species, shall be guilty of a misde-
meanor, and upon conviction thereof shall be punished by a fine not
less than $25 uor more than $200, or by imprisonment in the county
jail not less than GO days nor more than one year: provided, that for
each repeated offense the person or persons convicted, as aforesaid,
may be punished by a fine of $100, or by imprisonment not to exceed
-two years. Any person or persons who shall sell, offer for sale, dis-
tribute or give away any tree or trees, root or roots, grafts, cuttings
or scions, infested with the injurious insect popularly known as the
woolly aphis [Lanigern) shall be deemed guilty of a misdemeanor,
and on conviction thereof shall be punished by a fine not less than
$25 nor more than $200, or by imprisonment in the county jail not
less than .30 days nor more than one year. Any nursery trees, shrubs
or plants which have been shipped to any place within the state for
distribution, or for planting, and which are infested with any injuri-
ous insects, shall be disinfected under the direction of a member of
the board, or some person designated by such member, and the cost
of said disinfection shall be charged to the owner of said articles,
and shall become a lien on said trees, shrubs or plants until paid ;
provided, that if the cost of said disinfection is more than $5 the ex-
penses shall not exceed the rate of 5 cents per tree : and said lien to
be foreclosed upon like notice as in the case of the sales of personal
property on execution.

Sec. 5. No person, firm or corporation shall engage or continue
in the business of selling within the state, or importing fruit-trees,
plants or nursery stock into this state, without first having obtained
a license to do business in this state, as in this act provided.

Sec. 6. Any person, firm or corporation, may obtain a license to
engage in the business of selling fruit-trees, plants or nursery stock
into this state, by filing with the secretary of the state board of hor-
ticulture, bond, with sureties to be approved by the state board of
horticulture in the sum of $3,000, conditioned that the principals will
faithfully obey the provisions of this act and the laws of the state of

62 SCALE INSECTS.

Washington, and that the said principals will pay the cost of inspec-
tion and destruction of all infested nursery stock or other material
or goods imported into, or sold within this state by the said principal
or his or their agent. Licenses granted under this act shall be for
two years or less at the discretion of the commissioner.

Sec. 7. It shall be the duty of every person, firm or corporation
licensed to do business under this act to notify the secretary of the
state board of horticulture of his intention to ship an invoice of fruit-
trees, plants or nursery stock from one point to another in this state,
or from any point without this state into this state. The said notice
shall contain the name and address of both the consignor and con-
signee and the invoice of the goods to be shipped, the freight or ex-
press office at which the goods are to be delivered and the name or
title of the transportation company from whom the consignee is to
receive such goods. Such notice shall be mailed at least 21 hours
before the day of such shijiment.

Sec. 8. Any person, firm or corporation who shall sell within this
state, or import into this state, any fruit-trees, plants or nursery
stock in violation of the provisions of this act, shall be deemed guilty
of a misdemeanor, and on conviction thereof shall be fined for each
offense in any sum not less than S25 nor more than $100.

Sec. 9. Any person who shall offer for sale, or solicit persons to
purchase from him, any fruit-tree, plants or nursery stock belonging
to any firm not licensed under the provisions of this act, shall be
deemed guilty of a misdemeanor and fined in any sum not exceeding
8100. All fines imposed for violation of the provisions of this act
shall be paid to the treasurer of the county wherein the violation
was committed, and be placed to the credit of the school fund of
such county.

Sec. 10. Inasmuch as there is great danger to the fruit and hor-
ticultural interests of the state from the importation of fruit pests
and other causes, for which the law does not fully provide : there-
fore, an emergency exists, and this act shall take effect immediately.

Approved March 11, 1895.

No replies were received from Alabama, Arizona, Arkan-
sas, Delaware, Georgia, Idaho, Minnesota, New Mexico,
and Washington.

Throngh the courtesy and assistance of Hon. J. L. King,
state librarian, at Topeka, the laws of the following states
were examined; the dates refer to the year of publication:
Alabama, 1897; Arizona, 1893 and 1895; Arkansas, 1893;
Delaware. 1893; Georgia, 1896; New Mexico, 1895; Wash-
ington. 1895; Minnesota, 1895. An act upon the subject
was found in Washington session laws and is printed above.

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