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be heard, either in person or by attorney. (*Mar. 4, 1917, c. 179, 39

Stat. 1165.)

* "Aug. 20, 1912, c. 308, § 8, 37 Stat. 318;" should be added to this citation where indicated.

Historical Note

This section, which is section 8 of Act of Aug. 20, 1912, c. 308, was amended by Act March 4, 1917, c. 179, cited above, by strik. ing out in the first sentence of the text, after the words "when he shall determine," the words "the fact that," and inserting in lieu thereof the words "that such quarantine is necessary to prevent the spread of"; by inserting, after the words "seeds, or other plant products," where those words occur the first, second,

and third times in the section, the words "or any class of stone or quarry products, or any other article of any character whatsoever, capable of carrying any dangerous plant disease or insect infection"; and by inserting, after the words "That it shall be the duty of the Secretary of Agriculture," the words "when the public interests will permit."

See historical note to section 151, ante, of this title.

Notes of Decisions

of

1. In general.-This section and sections 156, 160, and 163 of this title, indicate intent of Congress to give to the Agricultural department of federal government, exclusively, the care of horticulture and agriculture of the several states, so far as affected injuriously by transportation in foreign and interstate commerce anything which by reason of its character can injuriously affect trees, plants, or crops. Oregon-Washington R. & Nav. Co. v. State of Washington (1926) 46 S. Ct. 279, 270 U. S. 87, 70 L. Ed. 482, reversing judgment State v. Oregon-Washington R. & Nav. Co. (1924) 223 P. 600, 128 Wash. 365.

2. State statute inapplicable.-Laws Wash. 1921, p. 308, giving director of agriculture authority to quarantine infected plants, held inapplicable, in view of the provisions of this section. Oregon-Washington R. & Nav. Co. v. State of Washington (1926) 46 S. Ct. 279, 270 U. S. 87, 70 L. Ed. 482, reversing State v. Oregon-Washington R. & Nav. Co. (1924) 223 P. 600, 128 Wash. 365.

3. Presumption as to necessity of quar› antine.—In absence of placing quarantine on transportation of agricultural products by federal Secretary of Agriculture, un

der this section, it must be presumed that quarantine is not necessary. OregonWashington R. & Nav. Co. v. State of Washington (Wash. 1926) 46 S. Ct. 281, 270 U. S. 87, 70 L. Ed. 482.

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4. Offenses.-Transportation and squared pine lumber from Maine to Massachusetts without certificate showing it had been inspected and pronounced free from gypsy moth infection was not a violation of the provisions of this chapter, as it is not applicable to lumber manufactured to that extent. Boston & M. R. Co. v. U. S. (Me. 1917) 246 F. 440, 158 C. C. A. 504.

Receiving uninspected deciduous nursery stock for transportation held not an offense under this chapter, because quarantine notice and regulations specify no such nursery stock and do not cover such stock. U. S. v Adams Express Co. (D. C. Mass. 1915) 230 F. 531.

5. Information.-Information for violating quarantine regulations, under this chapter, on which warrant of arrest was not asked, held not to require verification, and not defective for insufficiency or informalities in annexed affidavits. U. S. v. Adams Express Co. (D. C. Mass. 1915) 230 F. 533.

§ 162. General rules and regulations by Secretary. The Secretary of Agriculture shall make and promulgate such rules and regulations as may be necessary for carrying out the purposes of this chapter. (Aug. 20, 1912, c. 308, § 9, 37 Stat. 318.)

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§ 163. General violations of chapter; forgery, alterations, etc., of certificates; punishment; proof of violations by common carrier. Any person who shall violate any of the provisions of this chapter, or who shall forge, counterfeit, alter, deface, or destroy any certificate provided for in this chapter or in the regulations of the Secretary of Agriculture, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment not exceeding one year, or both such fine and imprisonment, in the discretion of the court: Provided, That no common carrier shall be deemed to have violated the provisions of any of the foregoing sections of this chapter on proof that such carrier did not knowingly receive for transportation or transport nursery stock or other plants or plant products as such from one State, Territory, or District of the United States into or through any other State, Territory, or District. (Aug. 20, 1912, c. 308, § 10, 37 Stat. 318.)

Historical Note

This section is derived from § 10 of Act Aug. 20, 1912, c. 308, cited above. A further provision from this section is contained in section 164, post, of this title.

Notes of Decisions

1. Construction.-This section and sections 156, 160, and 161 of this title, indicate intent to give federal agricultural department exclusive care of horticulture and agriculture of states, so far as affected injuriously by transportation in foreign and interstate commerce of anything injuriously affecting trees, plants, or crops. Oregon-Washington R. & Nav. Co. v. State of Washington (1926) 46 S. Ct. 279, 270 U. S. 87, 70 L. Ed. 482, reversing State v. Oregon-Washington R. & Nav. Co. (1924) 223 P. 600, 128 Wash. 365.

2. Information.-Information for violating quarantine regulations, under this chapter, on which warrant of arrest was not asked, held not to require verification, and not defective for insufficiency or informalities in annexed affidavits. U. S. v. Adams Express Co. (D. C. Mass. 1915) 230 F. 531.

Cited without specific application. Daigle v. U. S. (C. C. A. Me. 1916) 237 F. 159; In re Food Conservation Act (D. C. N. Y. 1918) 254 F. 893.

§ 164. Duty of United States attorneys to prosecute. It shall be the duty of the United States attorneys diligently to prosecute any violations of this chapter which are brought to their attention by the Secretary of Agriculture or which come to their notice by other means. (Aug. 20, 1912, c. 308, § 10, 37 Stat. 318.)

Historical Note

See historical note under section 163, ante, of this title.

Notes of Decisions

See Oregon-Washington R. & Nav. Co. State v. Oregon-Washington R. & Nav. v. State of Washington (1926) 46 S. Ct. Co. (1924) 223 P. 600, 128 Wash. 365.

279, 270 U. S. 87, 70 L. Ed. 482, reversing

§ 165. Federal Horticultural Board. For the purpose of carrying out the provisions of this chapter there shall be appointed by the Secretary of Agriculture from bureaus and offices in the Department of Agriculture existing August 20, 1912, including the Bureau of Entomology, the Bureau of Plant Industry, and the Forest Service, a Federal Horticultural Board consisting of five members, of whom not more than two shall be appointed from any one bureau or office, and who shall serve without additional compensation. (Aug. 20, 1912, c. 308, § 12, 37 Stat. 319.)

Historical Note

The agricultural appropriation act for the fiscal year ending June 30, 1926, Act Feb. 10, 1925, c. 200, 43 Stat. 822, makes an appropriation for "secretary of the board (Federal Horticultural Board) and other personal services in the District of Columbia in accordance with the Classification Act of 1923 and personal services in the field * * [see Title 5, Executive Departments and Government Officers and Employees, chapter 13].

The act cited in the preceding paragraph also contains, under the heading "General Expenses, Federal Horticultural Board," provision for an appropriation of $370,000 to enable the Secretary of Agriculture to carry into effect the provisions of this chapter as well as "to prevent the movement of cotton and cotton seed from Mexico into the United

States, including the regulation of the entry into the United States of railway cars and other vehicles, and freight, express, baggage, or other materials from Mexico, and the inspection, cleaning, and disinfection thereof: Provided, that any moneys received in payment of charges fixed by the Secretary of Agriculture on account of such cleaning and disinfection at plants constructed therefor out of any appropriation made on account of the pink bollworm of cotton shall be covered into the Treasury as miscellaneous receipts."

For fuller note covering the Agricultural Department act, cited above, and especially regarding appropriations relative to the emergency caused by the existence of the pink bollworm, see note under section 145, ante, of this title.

Notes of Decisions

See Oregon-Washington R. & Nav. Co. v. State of Washington (1926) 46 S. Ct. 279, 270 U. S. 87, 70 L. Ed. 482, reversing

State v. Oregon-Washington R. & Nav.
Co. (1924) 223 P. 600, 128 Wash. 365.

§ 166. State terminal inspection; transmission of mailed packages for State inspection; nonmailable matter; punishment for violations; rules and regulations by Postmaster General. When any State shall provide for terminal inspection of plants and plant products, and shall establish and maintain, at the sole expense of the State, such inspection at one or more places therein, the proper officials of said State may submit to the Secretary of Agriculture a list of plants and plant products and the plant pests transmitted thereby, that in the opinion of said officials should be subject to terminal inspection in order to prevent the introduction or dissemination in said State of pests injurious to agriculture. Upon his approval of said list, in whole or in part, the

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Secretary of Agriculture shall transmit the same to the Postmaster General, and thereafter all packages containing any plants or plant products named in said approved lists shall, upon payment of postage therefor, be forwarded by the postmaster at the destination of said package to the proper State official at the nearest place where inspection is maintained. If the plant or plant products are found upon inspection to be free from injurious pests, or if infected shall be disinfected by said official, they shall upon payment of postage therefor be returned to the postmaster at the place of inspection to be forwarded to the person to whom they are addressed; but if found to be infected with injurious pests and incapable of satisfactory disinfection the State inspector shall so notify the postmaster at the place of inspection, who shall promptly notify the sender of said plants or plant products that they will be returned to him upon his request and at his expense, or in default of such request that they will be turned over to the State authorities for destruction.

It shall be unlawful for any person, firm, or corporation to deposit in the United States mails any package containing any plant or plant product addressed to any place within a State maintaining inspection thereof, as herein defined, without plainly marking the package so that its contents may be readily ascertained by an inspection of the outside thereof. Whoever shall fail to so mark said packages shall be punished by a fine of not more than $100.

The Postmaster General is hereby authorized and directed to make all needful rules and regulations for carrying out the purposes hereof. (Mar. 4, 1915, c. 144, 38 Stat. 1113.)

Historical Note

This section is derived from provisions of the agricultural appropriation act for the fiscal year 1916, cited above. Letters, etc., containing insect pests are

declared nonmailable matter except when mailed for scientific purposes, by § 142, ante, of this title.

§ 167. Provision relating to District of Columbia regarding shipment, inspection, seizure, destruction, etc., of plants, etc.; punishment. Prohibition against shipment generally. In order further to control and eradicate and to prevent the dissemination of dangerous plant diseases and insect infections and infestations no plant or plant products for or capable of propagation, including nursery stock, hereinafter referred to as plants and plant products, shall be moved or allowed to be moved, shipped, transported, or carried by any means whatever into or out of the District of Columbia, except in compliance with such rules

and regulations as shall be prescribed by the Secretary of Agriculture as hereinafter provided.

Eradication by owner. Whenever the Secretary of Agriculture, after investigation, shall determine that any plants and plant products in the District of Columbia are infested or infected with insect pests and diseases and that any place, articles, and substances used or connected therewith are so infested or infected, written notice thereof shall be given by him to the owner or person in possession or control thereof, and such owner or person shall forthwith control or eradicate and prevent the dissemination of such insect pest or disease and shall remove, cut, or destroy such infested and infected plants, plant products, and articles and substances used or connected therewith, which are hereby declared to be nuisances, within the time and in the manner required in said notice or by the rules, and regulations of the Secretary of Agriculture.

Eradication by Secretary of Agriculture. Whenever such owner or person cannot be found, or shall fail, neglect, or refuse to comply with the foregoing provisions of this section, the Secretary of Agriculture is hereby authorized and required to control and eradicate and prevent dissemination of such insect pest or disease and to remove, cut, or destroy infested or infected plants and plant products and articles and substances used or connected therewith, and the United States shall have an action of debt against such owner or persons for expenses incurred by the Secretary of Agriculture in that behalf.

Inspection. Employees of the Federal Horticultural Board are hereby authorized and required to inspect places, plants, and plant products and articles and substances used or connected therewith whenever the Secretary of Agriculture shall determine that such inspections are necessary for the purposes of this section.

Entry upon premises; opening packages; destruction of plants, etc. For the purpose of carrying out the provisions and requirements of this section and of the rules and regulations of the Secretary of Agriculture made hereunder, and the notices given pursuant thereto, employees of the Federal Horticultural Board shall have power with a warrant to enter into or upon any place and open any bundle, package, or other container of plants or plant products whenever they shall have cause to believe that infections or infestations of plant pests and diseases exist therein or thereon, and when such infections or infestations are found to exist, after notice by the Secretary of Agriculture to the owner or person in possession or control thereof and an opportunity by said own

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