12 come vested in the state because of any forfeiture or sale of any 13 such interest because so assessed, shall be vested in the party who 14 would have had the title and been entitled to said interest if this 15 section had been in force when such assessment was made.

House Bill No. 342

(BY MR. MCCLINTIC, of Greenbrier.)

[Introduced January 24, 1921; referred to the Committee on Immigration and Agriculture.]

Houss Bill No. 342

A BILL to regulate the selling, offering or exposing for sale of agricultural seeds in this state, and providing penalties for the violation thereof.

Be it enacted by the Legislature of West Virginia:

Section 1. The term agricultural seeds or agricultural seed 2 as used in this act shall include the seeds of Canada blue grass, 3 Kentucky blue grass, brome grass, fescues, kaffir corn, millets, tall 4 meadow oat grass, sorghum, sudan grass, timothy, alfalfa, soy 5 beans, alsike clover, crimson clover, red clover, white sweet clover, 6 yellow sweet clover, Canada field peas, cow peas, vetches and other 7 forage plants and other grasses, buckwheat, flax, rape, barley, 8 corn, oats, rye, wheat and other seeds which may be defined by the 9 West Virginia agricultural experiment station as agricultural 10 seeds as shall be construed to mean such seed when sold, or of11 fered or exposed for sale, or had in possession with intent to sell, 12 variety or strain.

Sec. 2. The owner or person in possession of each and every 2 package, parcel or lot of agricultural seeds as defined in section. 3 one of this act which contains one pound or more of such agri|H. B. No. 342

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4 cultural seeds, whether in package or in bulk, shall affix thereto in 5 a conspicuous place on the exterior of the container of such agri6 cultural seeds a written or printed label in the English language 7 in legible type or copy not smaller than eight point heavy gothic caps, such label containing a statement specifying:

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First. The commonly accepted name of the kind or kinds of 10 such agricultural seed; if the name of the special variety or strain 11 of such seed is used, it must be the true name of such special 12-13 variety or strain.

14 Second. The approximate percentage of germination of such 15 agricultural seed together with the date of test of germination. 16 Third. The approximate percentage by weight of each of the 17 following seeds: quack grass (agropyron repens), Canada thistle 18 (carduus arvensis), perennial sow thistle (sonchus arvensis), and 19 dodder, species of cuscuta, wild onion (allium vineale), Bermuda 20 grass (capriola dactylon), Johnson grass (holycus holepenis), hawk 21 weed (hieracium spp.) buckhorn (plantago lanceolata), Russian 22 thistle (salsold tragus L.), English charlock or wild mustard 23 (brassica arvensis, L.), wild oats (avena fatua), corn cockle (lychnis 24 githago), ox-eye daisy (chrysanthemum leucanthemum), Indian H. B. No. 342]

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25 mustard (brassica juncea), butter and eggs (linaria linata), vel26 vet weed (abutilon abutilon), star thistle (centaura repens) wild 27 carrot (daucus carota), if any such are found in su heagricultural 28 seed.

29 Fourth. The approximate percentage by weight of pure seed in 30 such agricultural seed.

31 Fifth. If grown in this state the words, "grown in West Vir32 ginia" and in case of corn, the county in which grown, if imported 33 into this state, the name of such state or country from which it 34 was imported.

35 Sixth. The full name and address of the seedsman, importer, 36 dealer or agent or other persons or person, firm or corporation 37 selling, offering or exposing the said agricultural seed for sale.

Sec 3. The provisions concerning agricultural seed contained

2 in this act shall not apply to:

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First Any person selling agricultural seeds to be cleaned, or 4 graded before being offered for sale for the purpose of seeding and 5 plainly marked on the outside of the container "not cleaned seed."

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Second Agricultural seed marked plainly on the outside of 7 container, "not cleaned" and held or sold for export only.

8 Third. Lawn-grass mixtures shall not be exempt, however, [H. B. No. 342

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9 by the vendor of such mixtures from the provisions of section

10 two, subdivisions second, third, fourth and sixth.

Sec 4. Any person, firm or corporation who sells, offers or ex

2 poses for sale or distribution in this state any agricultural seeds 3 for seeding purposes without complying with the requirements of 4 this act shall be guilty of a misdemeanor and upon conviction shall 5 be fined not less than ten dollars and the costs of such prosecu6 tion, nor more than one-hundred dollars and the costs of such 7 prosecution, and upon the second or any subsequent offense shall 8 not be fined less than one-hundred dollars and the costs of such 9 prosecution nor more than five-hundred dollars and the costs of 10 such prosecution.

Sec. 5. The words "person" and "sell" shall be construed as 2 follows: "Person" shall refer to any person, firm or corporation 3 or their agents; "sell" shall mean to sell, barter or trade or ex4 change for anything of value.

Sec. 6. The West Virginia agricultural experimentl station 2 shall inspect, examine, and make analysis of and test seeds sold, 3 offered or exposed for sale in the state at such time and places 4 and to such extent as it may determine. The said West Virginia 5 agricultural experimental station may appoint such agents as may H. B. No. 342]

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6 be deemed necessary to carry out the provisions of this act, and 7 said West Virginia agricultural experimental station or agentts 8 shall have free access at all reasonable hours upon and into any 9 premises of the owner of such seeds or on other premises, or in 10 the possesion of any warehouse, elevator, steamship or railway 11 company; and upon the tendering of payment therefor at the cur12 rent value, may take ay such seeds.

Sec. 7. The salaries of such agents as may be appointed to 2 carry out the provisions of this act, shall be fixed and paid by the 3 West Virginia agricultural experimental station in the same 4 manner as are the other employees thereof.

Sec. 8. Any citizen of the state of West Virginia may, in ac2 cordance with the regulations prescribed by the West Virginia 3 agricultural experimental station, and by pre-paying the trans4 portation charges, send a sample or samples of seed to said West 5 Virginia agricultural experimental station for examination, analy6 sis tests and such analysis, examinations and tests shall be re7 ported upon free of charge.

Sec. 9. The certificate of the West Virginia agricultural ex2 perimental station giving results of any examination, analysis or 3 tests of any seed sample made under the authority of said West [H. B. No. 342

4 Virginia agricultural experimental station shall be presumptive 5 evidence of the facts therein stated.

Sec. 10. When said West Virginia agricultural experimental 2 station shall find by its examinations, analysis or tests, that any 3 person, firm or corporation has violated any of the provisions 4 of this act, it shall transmit facts so found to the attorney general 5 or to the county prosecuting attorney of the county in which the 6 offense was committed.

Sec. 11. It shall be the duty of the attorney general and the 2 county prosecuting attorney to prosecute all persons violating any 3 of the provisions of this act, when evidence thereof has been pre4 sented by the said West Virginia agricultural experimental sta5 tion.

Sec. 12. The said West Virginia agricultural experimental 2 station shall make an annual report to the governor of the state 3 of West Virginia upon the work done under this act and shall 4 publish the same in pamphlet form.

Sec. 13. There is hereby appropriated from the state treasury 2 out of any moneys not otherwise appropriated five thousand dol3 lars or so much thereof as may be necessary for this and each suc4 ceeding fiscal year. If it is shown to be necessary the legis H. B. No. 342]

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5 lature shall appropriate in addition to this amount such other 6 amounts as may be necessary for the carrying out the provisions 7 of this act.

Sec. 14. This act shall take effect and be in force from and 2 after July first, one thousand nine hundred and twenty-one. 3 All other acts inconsistent with this act are hereby repealed.

House Bill No. 388

(BY MR. MCCLINTIC, of Kanawha)

[Introduced January 25, 1921; referred to the Committee on Game and Fish.]

House Bill No. 388

A BILL providing for the creation of a game and fish commission for the state of West Virginia, a forestry commissioner for the state of West Virginia, providing for the appointment of

game and fish commissioners, a secretary for said commission, and a forestry commissioner, and defining their duties and authorities and empowering them to appoint game and fish protectors and forestry protectors, and providing for the game and fish licenses, the collection of moneys in payment therefor, and the establishment of a game and fish fund, and amending and re-enacting laws of West Virginia relating to game and fish in chapter sixty-two, code of one thousand nine hundred and eighteen, and as amended by chapter fifty-two, act of the legislature of one thousand nine hundred and nineteen, and the application and enforcement thereof.

Be it enacted by the Legislature of West Virginia:

Section 1. All acts or parts of acts inconsistent or conflicting 2 herewith are hereby repealed.

Sec. 2. The governor of the state of West Virginia is hereby 2 authorized and required to appoint four competent citizens of [H. B. No. 388

3 this state to be and act as a board of game and fish commission4 ers, no two of whom shall be from the same senatorial district; 5 and shall upon said appointment designate which one of said 6 persons shall receive and hold office during the term of one 7 year, which one of said persons shall receive and hold office 8 during the term of two years, which one of said persons shall 9 receive and hold office during the term of three years, and which 10 one of said persons shall receive and hold office for the term of 11 four years.

12 Upon the death, resignation or removal from office of any 13 person so appointed as aforesaid, the governor shall appoint a 14 competent person to serve for the unexpired term of the person 15 so dying, resigning or removed; upon the expiration of the 16 term of officers so appointed and designated under the provisions 17 of this act, their successors shall be appointed by the governor 18 as aforesaid for the term of four years, so that there shall not be 19 more than one vacancy at any one time in such commission, 20 and the term of one commissioner shall expire thereafter each 21 year. The commissioners shall receive no compensation for their 22 services, except mileage and expenses necessarily incurred in dis23 charge of their duties as hereinafter provided.

H. B. No. 388]

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Sec. 3. The board of game and fish commissioners shall have