CHAPTER IIa.

ORPHAN ASYLUMS.

§ 2283. Appropriation of aid.

§ 2285. Books to be kept by institutions.

§ 2286. Board of control may inquire into institutions.

§ 2289. Institutions and children entitled to aid.

§ 2283. APPROPRIATION OF AID. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, to each and every institution in this state conducted for the support and maintenance of needy minor orphans, half orphans, or abandoned children, and to each and every county, city and county, city, or town maintaining such orphans, half orphans, or abandoned children, or any or all of such classes of persons, aid as follows:

[Orphan, one hundred dollars; half orphan, seventy-five dollars.] For each whole orphan and abandoned child supported and maintained in any institution, not in excess of one hundred dollars per annum; and for each half orphan, not in excess of seventyfive dollars per annum; but each abandoned child must have been an inmate thereof for one year prior to receiving any support as provided in this chapter; provided, that in addition to the amount paid by the state for each half orphan maintained at home by its mother, the county, city and county, city or town may pay for the support of such half orphan an amount equal to the sum paid by the state; and provided, further, that in any case where any such half orphan is denied aid by the county, upon a petition setting forth the facts in full as to the necessity of aid, verified by five reputable citizens of the county, city and county, city, or town, the mother of such child shall have the right of appeal direct to the state board of control for aid for her child, and should her appeal be sustained by said board payment must be made for the child as above provided.

History: Enactment approved March 23, 1907, Stats. and Amdts. 1907, p. 909, Kerr's Stats. and Amdts. 1906-7, p. 132; amended May 26, 1913, Stats. and Amdts. 1913, p. 629; May 15, 1917, Stats. and Amdts. 1917, p. 560. In effect July 27, 1917.

§ 2285. BOOKS TO BE KEPT BY INSTITUTIONS. Every institution, county, city and county, city, or town entitled to aid under this chapter must keep the following records, which at all times must be open to the state board of control or to any person appointed by them to examine the same, or to any committee of the legislature, or to any clerk or officer thereof duly authorized to make such examination:

1. [Date of admission, etc.] A record on which must be entered the date of admission, name, age, sex, and place of birth of each and every orphan, half orphan, and abandoned child, who is or may hereafter be received or admitted into such institution, or to county aid, and the date of discharge of any such child, when such discharge is made, the parentage, if known; the estate, if any, to which the child is heir, and the insurance, if any, on the father's or mother's life; so far as can be ascertained, the place where either parent or both died, the nativity of the parents, where married, the marriage certificate, where recorded, when they came to California, place of residence in California, and habits of sobriety.

2. [Monthly accounts.] A book entitled "monthly accounts." In it must be entered on the debtor side, all the moneys received from any and all sources segregated under the proper heads; on the credit side must be entered all disbursements made, specifying for what purposes made, and the amount entered in detail so disbursed, segregated under their proper heads.

3. [Pay roll.] A pay roll of the employees, and the amounts disbursed to each.

4. [Amounts paid for support.] A book in which must be entered in detail the amounts paid for the specific support of every orphan, half orphan, or abandoned child and the date of such payments.

5. A transcript of the books and pay roll, verified under oath by the manager or person in charge of such institution entitled to or claiming state aid under this chapter, must, when demanded by the state board of control, be made and forwarded to the said board at the time of presenting claim for state aid.

6. A list of all the inmates other than employees or orphans supported wholly or in part by any institution presenting a claim for state aid under this chapter, must also be forwarded with such claim for aid.

History: Enactment approved March 23, 1907, Stats. and Amdts. 1907, p. 909, Kerr's Stats. and Amdts. 1906-7, p. 132; amended May 26, 1913, Stats. and Amdts. 1913, p. 630; May 15, 1917, Stats. and Amdts. 1917, p. 561. In effect July 27, 1917.

§ 2286. BOARD OF CONTROL MAY INQUIRE INTO INSTITUTIONS. The state board of control is authorized, in behalf of the state, at any time to inquire, either in person or by authorized agent, into the management of any such institution; and any institution refusing, upon due demand, to permit such inquiry or to comply with regulations established by said board for the proper maintenance and care of children receiving state aid must not thereafter receive any aid under this chapter until it has complied with all requirements.

[Children's agents.] To carry out the provisions of this act, the state board of control may appoint a chief children's agent and three children's agents who shall, under the rules of said board, visit the homes and the institutions in which are children to whom state aid is being given or for whom aid is being asked, to obtain such information as the board may need in carrying out the provisions of this chapter.

[Salaries.] Such chief agent shall receive necessary traveling expenses and a salary of two hundred twenty-five dollars per month. Such three other agents shall receive their necessary traveling expenses and a salary of one hundred seventy-five dollars per month, which salary shall be paid in the same manner and at the same time as the salaries of other state officers. All expenses incurred in visiting said asylums and homes, when there are not other available funds, may be audited and allowed by the state board of control out of the appropriation for support of orphans, half orphans and abandoned children. In addition an advisory committee of three persons serving without pay or expense to the state may be appointed by the board of control, to act in any county in conjunction with the children's agents.

History: Enactment approved March 23, 1907, Stats. and Amdts. 1907, p. 910, Kerr's Stats. and Amdts. 1906-7, p. 133; amended May 26, 1913, Stats. and Amdts. 1913, p. 631; May 15, 1917, Stats. and Amdts. 1917, p. 562. In effect July 27, 1917.

§ 2289. INSTITUTIONS AND CHILDREN ENTITLED TO AID. In order that the provisions of this chapter shall not be abused, it is hereby declared:

1. [Institution must have twenty inmates.] That no institution which has less than twenty inmates of either or all of the classes mentioned in section two thousand two hundred eighty-three, must be deemed an institution for the support and maintenance of minor orphans, half orphans, or abandoned children, within the intent and meaning of this chapter.

2. [Age of minor.] That no child over the age of fifteen years shall be deemed a minor orphan, half orphan, or abandoned child, within the intent and meaning of this chapter.

3. [Receiving ten dollars for child.] That no child for whose specific support there is paid to any such institution the sum of ten dollars or more per month shall be deemed a minor orphan, half orphan, or abandoned child within the intent and meaning of this chapter.

4. [Home for child.] That no child maintained in an institution for whom, a bona fide offer of a proper home has been made shall be considered eligible for further state aid; it is further provided, however, that no institution shall be required to surrender a child to any person of religious faith different from that of the child or the parents of the child.

[Residence in state.] That a child who has not resided in this state for a period of at least two years prior to the application for aid shall not be eligible to receive state aid unless such child is born in this state.

History: Enactment approved March 23, 1907, Stats. and Amdts. 1907, p. 910, Kerr's Stats. and Amdts. 1906-7, p. 134; amended May 26, 1913, Stats. and Amdts. 1913, p. 632; May 15, 1917, Stats. and Amdts, 1917, p. 562. In effect July 27, 1917.

CHAPTER III.

STATE LIBRARIAN.

$2302. Salary of librarian.

§ 2302. SALARY OF LIBRARIAN. The annual salary of the state librarian

is five thousand dollars.

History: Enacted March 12, 1872; amended March 19, 1909, Stats. and Amdts. 1909, p. 471; June 1, 1917, Stats. and Amdts. 1917, p. 1663. In effect July 31, 1917.

CHAPTER IVa.

STATE COMMISSION OF HORTICULTURE.

§ 2319. Commissioner, deputies, secretary, etc.

§ 2319a. Duties of commissioner.

§ 2319b. Quarantine regulations.

§ 2319c. Infectious plant disease, etc. Quarantine.

§ 2319d. Pests to be reported to county horticultural commissioner.

§ 23191. Nurserymen, etc., to register.

§ 2319k. Penalty [new].

§ 23191. Payment of moneys [new].

§ 2319. COMMISSIONER, DEPUTIES, SECRETARY, ETC. The state commissioner of horticulture of California shall be a citizen and resident of this state, and his term shall be for four years, and until his successor is appointed and qualified. The governor may remove such commissioner from office at any time upon filing with the secretary of state a certificate of removal signed by the governor. In the case of vacancy in said office by death, resignation, removal from office, or other cause the governor shall fill the vacancy for the unexpired term. In appointing such commissioner and his successor or successors, it shall be the duty of the governor to disregard political affiliations, and to be guided in his selection entirely by the professional and moral qualifications of the person so selected for the performance of the duties of said office. Said commissioner shall be a civil executive officer.

The salary of said commissioner shall be four thousand dollars per annum, and he shall be allowed his traveling and incidental expenses necessary in the discharge of his duties.

[Deputies, secretary, etc.] For the direction and accomplishment of his work the said commissioner may and is hereby empowered to appoint certain deputies, secretary, quarantine officers, superintendents, assistants, and clerk as hereinafter provided, who shall hold office at the pleasure of said commissioner and perform any and all duties pertaining to their office or employment which the said commissioner

may require of each of them, and may be removed from office or position at any time by said commissioner filing with the secretary of state a certificate signed by said commissioner so removing such deputy, secretary, quarantine officer, superintendent, assistant, or clerk.

[Traveling expenses.] The traveling and other necessary expenses incurred by the officers and employees herein provided for in the performance of their duties shall be paid from the funds appropriated for the support of the office of the state commissioner of horticulture. Said commissioner may arrange his office into three divisions, to wit: executive office, quarantine division, insectary and pathological division.

[Deputy commissioner.] Said commissioner shall appoint a deputy commissioner who shall be an expert entomologist and horticulturist, and who shall perform such duties as may be required of him by said commissioner, and shall be acting commissioner in the absence of the commissioner.

[Salary.] Such deputy commissioner shall receive a salary of two thousand seven hundred dollars per annum.

[Field deputies.] Said commissioner shall appoint two field deputies, each of whom shall be versed in horticulture and have a practical knowledge of the methods of control of insect pests and plant diseases.

[Salary.] Said field deputies shall receive a salary of two thousand dollars per annum each.

[Secretary.] Said commissioner shall appoint a secretary who shall be a civil executive officer. Said secretary shall perform all such duties as may be required of him by said commissioner.

[Salary.] Such secretary shall receive a salary of two thousand seven hundred dollars per annum. Said commissioner shall appoint a clerk whose salary shall be one thousand six hundred dollars per annum.

The main office of such commissioner shall be at the city of Sacramento.

[Offices for commissioner.] The secretary of state shall furnish and set aside at the capitol rooms suitable for offices for said commissioner, and if the secretary of state shall make and file an affidavit with the said commissioner stating that it is not possible for him, as such secretary of state, to provide and set aside an office for said commissioner in the capitol or in any state building under his control, because there is no such office or rooms available, then, and after the making and delivery of such affidavit to such commissioner, the said commissioner may rent rooms convenient and suitable for his offices at a rental not to exceed one thousand dollars per year. The office of said commissioner shall be kept open every day except holidays.

[ Office in San Francisco.] Said commissioner may also keep and maintain an office in the city and county of San Francisco adequate to the purposes and requirements of the quarantine division, at a yearly rental not to exceed the sum of seven hundred fifty dollars.

[Quarantine officers.] Said commissioner shall appoint a chief deputy quarantine officer, who shall be a skilled entomologist and particularly conversant with the nature of foreign insect pests and plant diseases and effective means of preventing their introduction, and shall have charge of the work of the quarantine division provided for in this section of this act. Such chief deputy quarantine officer shall receive a salary of two thousand seven hundred dollars per annum. Said commissioner shall appoint two deputy quarantine officers who shall be competent entomologists for the purpose of quarantine work. Such deputy quarantine officers shall each receive a salary of one thousand eight hundred dollars per annum.

[State insectary-Superintendent.] Said commissioner shall also properly maintain and operate the state insectary located on the state capitol grounds in Sacramento from funds provided by law for such purpose, and shall appoint for the work of the insectary division a superintendent of the insectary, who shall be an expert entomologist able to perform all the necessary duties with reference to the importation, rearing and distribution of beneficial insects.

The salary of the superintendent of the state insectary shall be two thousand seven hundred dollars per annum.

[Assistant.] Said commissioner shall appoint an assistant superintendent of the insectary, who shall be an economic entomologist, at a salary of one thousand eight hundred dollars per annum.

[Field deputy.] Said commissioner shall appoint a field deputy for the insectary division, who shall be a practical entomologist and whose salary shall be one thousand eight hundred dollars per annum. The salaries of all the officers above mentioned shall be paid at the same time and in the same manner as the salaries of other state officers. Said commissioner may also appoint such assistants from time to time as may be required and such assistants shall receive such reasonable compensation as may be fixed by said commissioner.

History: Enactment approved March 21, 1907, Stats. and Amdts. 1907, p. 796, Kerr's Stats. and Amdts. 1906-7, p. 135; amended March 19, 1909, Stats. and Amdts. 1909, p. 469; April 29, 1915, Stats. and Amdts. 1915, p. 946; May 17, 1917, Stats. and Amdts. 1917, p. 638. In effect July 27, 1917.

§ 2319a. DUTIES OF COMMISSIONER. It shall be the duty of the state commissioner of horticulture to promote and protect the plant industry of the state; to prevent the introduction and spread of injurious insect or animal pests, plant diseases and noxious weeds; to cause to be put into execution such horticultural laws of a regulatory nature as are written into the statutes, and to introduce and distribute such insects as are useful in reducing the cost of crop production. Such commissioner shall collect books, pamphlets and periodicals and other documents containing information relating to horticulture and shall preserve the same; collect statistics and other information showing the actual condition and progress of horticulture in this state and elsewhere; correspond with horticultural societies, colleges and schools, and with the county horticultural commissioners existing or that may exist in this state, and with all other persons necessary to secure the best results to horticulture in this state. He shall require reports from county horticultural commissioners in this state, and may print the same or any part thereof as he may select, either in the form of bulletins or in his annual reports or both, as he shall deem proper. He shall issue and cause to be printed and distributed to county horticultural commissioners in this state, and to such other persons as he may deem proper, bulletins or statements containing all the information best adapted to advance the interest, business and development of horticulture in this state.

[State horticultural quarantine officer.] Such commissioner shall be deemed to be the state horticultural quarantine officer mentioned in that certain act entitled "An act for the protection of horticulture and to prevent the introduction into this state of insects, or diseases, or animals injurious to fruit or fruit trees, vines, bushes or vegetables, and to provide for a quarantine for the enforcement of this act," which became a law under constitutional provisions without the governor's approval on March 11, 1899, for the purposes of that act, and shall be empowered to perform the duties which under that act are to be performed by the state horticultural quarantine officer; provided, that in any case where it shall become necessary in the judgment of the state commissioner of horticulture to quarantine a county or district within the state against another or other county or counties or districts within the state, or to quarantine the state or a county or district of the state against another state or a foreign country or countries then it shall be necessary that said quarantine shall be made by and with the approval of the governor as provided in this chapter.

[Quarantine guardians.] The state commissioner of horticulture may issue commissions as quarantine guardians to the county horticultural commissioners, deputies and inspectors appointed by them.

History: Enactment approved March 21, 1907, Stats. and Amdts. 1907, p. 979, Kerr's Stats. and Amdts. 1906-7, p. 136; amended April 26, 1911, Stats. and Amdts. 1911, p. 1129; May 17, 1917, Stats. and Amdts. 1917, p. 640. In effect July 27, 1917.