Qualifications, Duties, and Salaries of the Commissioner and His Clerks. 14. He shall aid immigration by publishing each year such information as to the agricultural, mineral, and other industries and resources of the state, as shall be of interest to immigrants, or others seeking a change of home, or seeking investments. 15. He shall, at the opening of each season, issue and distribute circulars, setting forth the brands of fertilizers sold or exchanged, or offered for sale or exchange, in the state, their analysis as claimed by the manufacturer or dealer in them, and, so far as known, their agricultural and commercial value. 16. He shall issue a license to such persons as propose to sell or exchange fertilizers. 17. He shall obtain samples of every brand of fertilizers sold or exchanged, or offered for sale or exchange, in this state, for each season in which such fertilizers are offered for sale, and cause such samples to be analyzed by the state chemist; and he shall make publication of such analysis not later than the first day of August of each year. 18. He shall make and publish such rules and regulations as he may deem necessary to carry into effect the provisions of this chapter touching the sale or exchange of fertilizers. 19. He shall make a report to the governor, quarterly, of all the moneys received and disbursed by the department; and, on the expiration of the fiscal year, must make a report of all such receipts and disbursements. Such annual report must include a list of all licenses issued during the year, with date of issuance, number of each license, name and address of each licensee, amount received for each license, and the total amount received for licenses; also, a statement showing the date of each sale of tags during the year, the name and address of each purchaser, the number of tags purchased, the amount paid therefor, and the total amount received from the sale of tags. 1912. He shall cause a sample of any fruit trees alleged to be diseased with a disease which is likely to permanently injure or destroy orchards or fruit crops in any section of the state adjacent to such trees, to be sent by the owner or custodian of such trees to him, or to one of the agricultural experiment stations located in this state, and shall then cause the same to be thoroughly examined and analyzed at one of such stations and a report furnished to him thereof in writing; and if it appear from such report that such trees are infected with any blight or disease calculated to injure or destroy orchards or fruit crops in any section of the state adjacent thereto, he shall cause the owner or custodian of such orchards or trees so examined or reported, to destroy or burn any and Qualifications, Duties, and Salaries of the Commissioner and His Clerks. all trees so infected; provided, that the owner or custodian of such trees shall be allowed ten days after notice to show said commissioner, if he can, that such blight or disease does not in fact exist, or that it is not dangerous to the orchards or fruit crops in the adjacent sections of the state. 20. He shall, from time to time, inquire into and examine into the sale or delivery within this state of any article, product or compound made wholly or partly out of fat, oil, oleaginous substance, or compound thereof, not produced directly at the time of manufacture from unadulterated milk or cream from the same, which shall be in imitation of yellow butter produced from pure, unadulterated milk, or cream from the same; and for the purpose of making said investigation, he shall be authorized to summon and examine witnesses and administer oaths to them, and whenever he has cause to believe from such investigation that an offense has been committed against the laws of this state, it shall be his duty to report the same, together with the evidence in the case, to the solicitor of the proper circuit or county to be laid before the grand jury. The expenses incurred under the provisions of this subdivision, duly certified to, and verified by the affidavit of the commissioner of agriculture and industries, and approved by the governor, shall be paid from the funds of the department of agriculture and industries derived from the sale of tags. (Feb. 17, 1885, p. 168, §§ 4, 6, 13, 17, 22, 27; Feb. 1, 1891, p. 442; Feb. 18, 1897, p. 1307). 23. (377) (138) State geologist to furnish information to the commissioner. It is the duty of the state geologist, on application, to furnish the commissioner all the information he may have, with reference to the mineral, agricultural, and other natural resources of the state, together with the analysis of soils, ores, marls, minerals, and mineral waters, and with maps, charts, drawings and specimens, illustrative of the geological, agricultural, and mineral features of the state. (Feb. 17, 1885, p. 168, § 5. Amended, Aug. 14, 1907, p. 744, 1. SECTION. Provisions Regulating the Sale of Fertilizers. ARTICLE 2. PROVISIONS REGULATING THE SALE OF FERTILIZERS. 24-48. 24. To regulate registration, brand- 25. License, issue and expiration of. 29. Surplus tags to be destroyed at 30. Commissioner and his sureties 31. When auditor to certify account 32. Issue and limit of tags. 33. Including tag tax in price of 34. Unlawful to sell fertilizers not SECTION. 35. Parol evidence competent. 37. Penalty when commercial value 38. Elements which constitute "high 39. Uniformity in all brands. 43. Samples; how procured. 45. Fertilizer; what not included in 46. Chemist of department. 24. (378) (139) To regulate the registration, branding, sale, tagging, and analysis of fertilizers.-All manufacturers, jobbers, and manipulators of commercial fertilizers and fertilizer materials to be used in the manufacture of the same, who may desire to sell or offer for sale in the state, such fertilizers and fertilizer materials, shall first file with the commissioner of agriculture and industries, on or before December 1st of each fiscal year, upon forms furnished by the said commissioner, the name of each brand of fertilizer, acid phosphate fertilizer materials or chemicals which they may desire to sell in said state, either by themselves or their agents, together with the name and address of the manufacturer or manipulator, also the guaranteed analysis thereof, stating the sources from which the phosphoric acid, nitrogen, and potash are derived; provided, any person, firm or corporation, organized after December 1st, may register within one month after being organized. It shall be the duty of every such person, firm or corporation to notify the commissioner of agriculture and industries, in writing, by mail or otherwise, as may be most convenient, on day of shipment or twentyfour hours thereafter, of every such shipment when exceeding five tons of fertilizer or fertilizer materials; such notice to Provisions Regulating the Sale of Fertilizers. state the brand name, number of sacks, the weight of each sack, and to whom shipped and addressed. (Feb. 17, 1885, p. 168, §§ 27, 28.) This article is not in violation of Interstate Commerce.-Brown Co. v. Adair, 104 Ala. 652 (16 So. 439). Paying taxes under this section does not exempt from payment of other license taxes.—Troy Co. v. State, 134 Ala. 333 (32 So. 618). Sales of fertilizer, when void.-Brown v. Raisin Fertilizer Co., 124 Ala. 221 (26 So. 891). Burden of proof of sale on seller. Brown v. Raisin Co., 124 Ala. 221 (26 So. 891). Sale by agent of licensee valid.—Furman Co. v. Long, 113 Ala. 203 (21 So. 339). License to principal admissible in evidence.-Furman Co. v. Long, 113 Ala. 203 (21 So. 339). Proof of issuance of license; burden of proof; secondary evidence.-Edisto Co. v. Standford, 112 Ala. 493 (20 So. 613). Contract not affected by nonresidence of seller. Merriman & Co. v. Knox, 99 Ala. 93 (11 So. 741). Failure to comply with statute defense to note. Ib. See citations to § 32. 1907, p. 744, § 2. 25. (379) (140) License; issue and expiration of.-Every Amended, person, firm or corporation or association of persons shall, Aug. 14, before offering any fertilizer or acid phosphate or fertilizer materials for sale or exchange in the State of Alabama, first procure a license from the commissioner of agriculture and industries, authorizing such person, firm or corporation or association of persons to sell or exchange or deal therein. Such license shall be issued by said commissioner on the payment of a fee of one dollar, and shall expire on the 30th day of September of each year. (Feb. 17, 1885, p. 168, § 27.) 3, 1903, p. 78, § 3. 26. (380) Proof as to license. The printed report of the as amendcommissioner, or a certified copy of the record in his office, ed, Mar. showing the issuance of the license to sell or exchange fertilizers or fertilizer materials, to whom and when issued, is presumptive evidence of the fact that said license was issued to such person at such date. But this provision does not preclude the introduction of the license in evidence. 27. (381) Commissioner must make requisition upon auditor for tags. The commissioner must, prior to the beginning of each season, and at such other times as may be necessary, make written requisition upon the auditor for the estimated number of tags required to supply the demand during the ensuing season. (Feb. 23, 1893, p. 865.) 26, 1903, p. 65, § 1. 28. (382) Tags supplied by auditor and account kept as amendagainst commissioner.-Upon the receipt of such requisitioned, Feb. the auditor must have printed the required number of tags of suitable material, with proper fastenings for attaching the same to packages, bags or barrels of fertilizers; and there shall be printed thereon the word "Guaranteed," with the year or season in which the tags are to be used, and a facsimile signature of the auditor and the commissioner, and As amend 26, 1903, p. 65, § 2 Provisions Regulating the Sale of Fertilizers. there shall also be printed thereon the words "Alabama Tag Tax, 3 cents." The auditor, as soon as practicable, must deliver such tags to the commissioner, at the capitol, taking his receipt therefor; and the auditor shall keep a true and correct account with the commissioner, charging him with all the tags furnished, at the price of three cents each, and crediting him with all legally accounted for at the same price. The commissioner must report to the auditor at the end of each month the number of tags sold during the month, and credit therefor must be given as above provided. (Feb. 17, 1885, p. 168, sec. 9; Feb. 23, 1893, p. 865.) 29. (383) Surplus tags to be destroyed at end of season and ed, Feb. credit therefor given.-All tags remaining in the hands of the commissioner at the end of the year, or season, must be destroyed in the presence of the treasury, secretary of state and attorney general; and the certificate of these officers showing the number of tags so destroyed and the year and season for which they were intended entitles the commissioner to credit therefor on his account with the auditor at the rate of three cents for each tag so destroyed. Ib., § 3. Amended, $7. (Feb. 23, 1893, p. 865.) 30. (384) Commissioner and his sureties liable for tags not accounted for.-The commissioner and sureties on his official bond are liable to the state for all such tags not legally accounted for at the rate of three cents each. 31. (385) When auditor to certify account to attorneygeneral for suit.-If, for more than sixty days after the expiration of the year or season, the commissioner shall fail to account for all the tags so furnished him, the auditor must certify the account therefor to the attorney-general; and unless all such tags shall be legally accounted for within thirty days thereafter, the attorney-general must proceed by suit to enforce the liability against the commissioner and the sureties on his bond. 32. (386) (141) Issue and limit of tags.—All manufactur1903. p. 78, ers and manipulators, or agents representing them, who have registered their brands in compliance with this article, shall file with the commissioner of agriculture and industries a request for tags, accompanied with the legal price of same, stating that said tags are to be used upon brands of fertilizers and fertilizer materials registered in accordance with this article, whereupon the said commissioner shall issue tags to the persons applying, who shall attach one tag for each two hundred pounds in each bag, barrel, or package thereof. Any tags left in the possession of the manufacturer shall not be |