for exceeded 20,000 cases, but did not exceed 22,500 cases, forty-eight pounds to the case. Those of the ninth class are canners whose pack for the year next preceding the year the license is applied for exceeded 22,500 cases, but did not exceed 25,000 cases, forty-eight pounds to the case. Those of the tenth class are canners whose pack for the year next preceding the year the license is applied for exceeded 25,000 cases, but did not exceed 27,500 cases, forty-eight pounds to the case. Those of the eleventh class are canners whose pack for the year next preceding the year the license is applied for exceeded 27,500 cases, but did not exceed 30,000 cases, forty-eight pounds to the case. Those of the twelfth class are canners whose pack for the year next preceeding the year the license is applied for exceeded 30,000 cases, but did not exceed 32,500 cases, forty-eight pounds to the case. Those of the thirteenth class are canners whose pack for the year next preceding the year the license is applied for exceeded 32,500 cases, but did not exceeed 35,000 cases, forty-eight pounds to the case. Those of the fourteenth class are canners whose pack for the year next preceding the year the license is applied for exceeded 35,000 cases, but did not exceed 37,500 cases, forty-eight pounds to the case. Those of the fifteenth class are canners whose pack for the year next preceding the year the license is applied for exceeded 37,500 cases, but did not exceed 40,000 cases, forty-eight pounds to the case. Those of the sixteenth class [are canners] whose pack for the year next preceding the year the license is applied for exceeded 40,000 cases, but did not exceed 42,500 cases, forty-eight pounds to the case. Those of the seventeenth class are canners whose pack for the year next preceeding the year the license is applied for exceeded 42,500 cases, but did not exceed 45,000 cases, forty-eight pounds to the case. Those of the eighteenth class are canners whose pack for the year next preceding the year the license is applied for exceeded 45,000 cases, but did not exceed 47,500 cases, forty-eight pounds to the case. Those of the nineteenth class are canners whose pack for the year next preceding the year the license is applied for exceeded 47,500 cases, but did not exceed 50,000 cases, forty-eight pounds to the case. Those of the twentieth class are canners whose pack for the year next preceding the year the license is applied for exceeded 50,000 cases, but did not exceed 52,500 cases, forty-eight pounds to the case. Those of the twenty-first class are canners whose pack for the year next preceding the year the license is applied for exceeded 52,500 cases, but did not exceed 55,000 cases, forty-eight pounds to the case. Those of the twenty-second class are canners whose pack for the year next preceding the year the license is applied for exceeded 55,000 cases, but did not exceed 57,500 cases, forty-eight pounds to the case. Those of the twenty-third class are canners whose pack for the year next preceding the year the license is applied for exceeded 57,500 cases, but did not exceed 60,000 cases, forty-eight pounds to the case. Those of the twenty-fourth class are canners whose pack for the year next preceding the year the license is applied for exceeded 60,000 cases, but did not exceed 65,000 cases, forty-eight pounds to the case. Those of the twentyfifth class are canners whose pack for the year next preceding the year the license is applied for exceeded 65,000 cases, forty-eight pounds to the case. When more than one cannery or plant is operated by the same person, firm, or corporation, each shall be licensed separately and according to its class.

Any person, firm, or corporation, desiring to engage in the business of canning fresh salmon or other anadromous fish or sturgeon in this State shall make an application in writing to the Master Fish Warden for a license therefor, which application shall describe the location of the cannery, as near as practicable, and shall be accompanied by the affidavit of the applicant, stating the number of cases of fish that were packed in such cannery the year next preceding the year the license is to be issued, and shall deposit with said appli

cation license fee, according to the class in which said cannery shall be listed. No license shall be issued until such affidavit is made and filed and such license fee paid; provided, that if any person, firm, or corporation desires to obtain a license for a cannery which has not been operated the year preceding such application, such cannery shall upon application, be classed by the Board of Fish Commissioners, and the license fee to be paid shall be three times the regular fee according to that class; excepting in a case where a cannery remained idle only one season, then in, that case the license fee to be paid shall be double the regular fee. All licenses issued under the provisions of this section shall be good only in the district for which the same is issued, and shall expire on the 31st day of March following the issuance of such license. SEC. 3. License fee for dealers, etc. Any person, firm, or corporation, engaged in the business of buying, selling, packing, preserving, or otherwise dealing in salmon or other anadromous fish or sturgeon, other than canning thereof, which is herein provided for, and whether said person, firm, or corporation catches his or their or its own salmon or other anadromous fish or sturgeon or not, shall be and are classified as follows: First class, dealers or packers handling less than three tons of fish per year; second class, dealers or packers handling three to six tons of fish; third class, dealers or packers handling six to ten tons of fish; fourth class, dealers or packers handling ten to fifteen tons of fish; fifth class, dealers or packers handling fifteen to twenty tons of fish; sixth class, dealers or packers handling twenty to twenty-five tons of fish; seventh class, dealers or packers handling twenty-five to thirty tons of fish; eighth class, dealers or packers handling thirty to forty tons of fish; ninth class, dealers or packers handling forty to fifty tons of fish; tenth class, dealers or packers handling fifty to sixty tons of fish; eleventh class, dealers or packers handling sixty to seventy tons of fish; twelfth class, dealers or packers handling seventy to eighty tons of fish; thirteenth class, dealers or packers handling eighty to one hundred tons of fish; fourteenth class, dealers or packers handling one hundred to one hundred and forty tons of fish; fifteenth class, dealers or packers handling one hundred and forty to one hundred and seventy-five tons of fish; sixteenth class, dealers or packers handling one hundred and seventy-five to two hundred and twenty-five tons of fish; seventeenth class, dealers or packers handling two hundred and twenty-five to three hundred tons of fish; eighteenth class, dealers or packers handling three hundred to four hundred tons of fish; nineteenth class, dealers or packers handling four hundred to five hundred tons of fish; twentieth class, dealers or packers handling five hundred to six hundred tons of fish; twenty-first class, dealers or packers handling six hundred to seven hundred tons of fish; twenty-second class, dealers or packers handling seven hundred to eight hundred tons of fish; twenty-third class, dealers or packers handling eight hundred to nine hundred tons of fish; twenty-fourth class, dealers [or packers] handling nine hundred to one thousand tons of fish; twenty-fifth class, dealers or packers handling one thousand to twelve hundred tons of fish; twenty-sixth class, dealers or packers handling twelve hundred to fourteen hundred tons of fish; twenty-seventh class, dealers or packers handling fourteen hundred to sixteen hundred tons of fish; twenty-eighth class, dealers or packers handling sixteen hundred to eighteen hundred tons of fish; twenty-ninth class, dealers or packers handling eighteen hundred to two thousand tons of fish; thirtieth class dealers or packers are those who handle over two thousand tons of fish of the dressed product. Any person, firm, or corporation, desiring to obtain a license for the purpose of engaging in the business of buying, selling, packing, preserving, or otherwise dealing in salmon or other anadromous fish or sturgeon, other than canning thereof, which is herein provided for, and whether

said person, firm, or corporation catches his or their or its own salmon or other anadromous fish or sturgeon or not, shall file with the Master Fish Warden an application therefor describing with convenient certainty the locality at which the applicant purposes to engage in business, and the general character of such business, whether cold storage or otherwise, and shall accompany such application with an affidavit of the applicant stating the total number of tons of salmon and other anadromous fish and sturgeon handled by such applicant the year next preceding the year the applicant desires the license, and shall deposit with said application the license fee as hereinafter provided. Such person or persons, firm, or corporation aforesaid of the first class shall pay a license fee of $5; of the second class, $7.50; of the third class, $10; of the fourth class, $15; of the fifth class, $20; of the sixth class, $25; of the seventh class, $30; of the eighth class, $40; of the ninth class, $50; of the tenth class, $60; of the eleventh class, $70; of the twelfth class, $80; of the thirteenth class, $100; of the fourteenth class, $125; of the fifteenth class, $160; of the sixteenth class, $200; of the seventeenth class, $270; of the eighteenth class, $360; of the nineteenth class, $450; of the twentieth class, $540; of the twentyfirst class, $630; of the twenty-second class, $720; of the twenty-third class, $810; of the twenty-fourth class, $900; of the twenty-fifth class, $1,080; of the twenty-sixth class, $1,200; of the twenty-seventh class, $1,350; of the twentyeighth class, $1,530; of the twenty-ninth class, $1,710; of the thirtieth class, $2,000; provided, that any person, firm, or corporation desiring a license that during the year next preceding such application was not engaged in dealing in salmon or other anadromous fish or sturgeon as a packer of the cold storage process, or otherwise, shall, upon application, be classified by the Board of Fish Commissioners, and the license fee to be paid shall be three times the regular fee, according to the class named, excepting in a case where a cold-storage plant remained idle only one season, then and in that case the license to be paid shall be double the regular fee. Persons desiring to engage in the business of retailing salmon or other anadromous fish or sturgeon for home consumption, or peddling such fish from house to house, that had not heretofore engaged in such business, shall be listed of the first class and shall pay a license therefor accordingly, whether such person caught his own salmon or other anadromous fish or sturgeon or not; provided, that nothing in this section shall be so construed as to deny to any licensed fisherman, whether the operator of a gill net, set net, weir, or pound net, the right to dispose of one or more salmon for personal or family use to individuals who are not dealers, and who do not make a practice of buying salmon for retail purposes. Where more than one shop or plant is operated by the same person, firm, or corporation, each shall be licensed separately and according to his class. A peddler's license shall be good for one person or wagon and no more. All licenses issued under the provisions of this section shall be good only in the district for which the same is issued, and shall expire on the 31st of March following the issuance of such license.

SEC. 4. Fish warden authorized to appraise canneries, etc. The Fish Warden shall keep and preserve a record of all applications for license filed. The fish warden is not bound by statements therein made as to the amount of fish canned, packed, or handled, and for the purpose of ascertaining the true class in which any canner, packer, or dealer in salmon or other anadromous fish or sturgeon, as herein provided, should be listed, such Fish Warden or any of his deputies has full authority and is hereby authorized to inspect the cannery, cold storage plant, packing establishment, and places of business of such parties, and the books of such showing the amount of their pack or the amount handled (but the information derived therefrom shall not be made public), and if in

the opinion of the Fish Warden the facts set forth in the affidavit of the applicant for license are untrue, and the canner, packer, or dealer, as herein provided, is not properly classed, he shall immediately class the same and list the same properly, and cancel the license issued, and demand from such canner, packer, or dealer, as herein specified, a new license fee necessary to bring it within the class it should have been listed in the first instance; but any person, firm, or corporation feeling aggrieved by the decision of the Fish Warden may appeal from the decision of the Fish Warden to the circuit court of the State of Oregon for the county in which his or its business is situated. Such appeal is taken by a written notice of such appeal on the Fish Warden, or his deputy residing in the county and filing same with proof of service endorsed thereon within ten days from receiving notice of such relisting by such Fish Warden, together with a bond with one or more sufficient sureties, to be approved by the clerk of the circuit court, conditioned to pay whatever judgment may be rendered against him on the appeal, in the office of the clerk of the State of Oregon for the county in which said business is located; and the case shall be tried in the said circuit court as a suit in equity, and judgment entered by the court accordingly, and the decision shall be final, and the judgment of the court shall be enforced as other judgments are, and shall have like force and effect. No costs shall be taxed against the Fish Warden in any event. Nothing in this section shall be construed to prevent the Board of Fish Commissioners, the Master Fish Warden, or any of the deputies, from giving in evidence at the trial of such appeal any fact or information derived by them from inspection of the books or papers of any canner, packer, or dealer in fish, or from offering in evidence in any court the affidavit of any person required by this act.

SEC. 5. Information on license. Each and every license issued under the provisions of this act shall be numbered and dated by the Fish Warden, and the number of cannery, dealer, pound net, gill net, fish wheel, seine, trap, or other appliance, or business license, and the number of the district where the appliance or business is located, and shall also contain the name of the person or persons to whom such license is granted. All licenses or whatever appliance or business granted under the provisions of this act shall be valid only in the district for which the same is issued, and shall expire and become null and void on the 31st of March following the issuance of such license.

SEC. 6. Dealers, etc., to make annual reports to fish warden. It shall be the duty of all persons, firms or corporations who purchase from fishermen or takers or catchers of fish, or who catch their own fish for the purpose of canning, packing, preserving, or selling them, or who can, pack, preserve, retail, or otherwise deal in fish, to report to the Fish Warden on or before the 15th day of December of each year the number of every species of fish, including clams, crabs, crawfish, oysters, etc., stated separately, so purchased or taken by them during the year ending on said 15th day of December, and is purchased by weight, the number of pounds of each species so purchased or taken; and said report shall be accompanied by an affidavit as to the correctness of the same. Any person, firm or corporation who fails, neglects, or refuses to comply with the provisions of this section shall be deemed guilty of a misdemeanor.

SEC. 7. Duties of fish wardens. The Fish Warden shall keep proper books showing the license issued, to whom issued, and amounts received and all moneys disbursed and paid out for any cause. It shall also be his duty to devote his entire time and attention to the fishing interests and fishing industries of the State; and see that all laws for the protection, preservation and propagation of all salmon and other anadromous fish and sturgeon, and oysters and shell fishes in the waters and streams of this state, and of the Columbia River are enforced.

SEC. S. Fish warden's report. Said Fish Warden shall annually, on December 31st, report to the Board of Fish Commissioners of this State a full account of his actions, also of the operations and results of the law pertaining to fish and shell fish industries, the method of taking fish, the number of young fish hatched and where distributed, amount of expense incurred, and make suggestions as to the needs to further legislation, if any, and full statistics of the fishing and shell fish industries, and amount of all money received and disbursed.

SEC. 9. Fish warden to enforce this act. The Fish Warden is hereby authorized to inspect all canneries, cold storage houses, packing establishments, business places, boats, nets, wheels, traps, and other fishing apparatus, and all property used in the catching and packing of fish, for the purpose of enforcing the provisions of this act; and to that end said Fish Warden is authorized to enter into said property and to make inspections thereof.

Filed in the office of the Secretary of State, February 19, 1907. General Laws of 1907, ch. 55, pp. 100-107.

FRUIT.

SEC. 1. Name of grower to be branded on boxes. Any person, firm, association or corporation engaged in growing, selling or packing green fruits of any kind within the State of Oregon, shall be required, upon packing any such fruit for market, whether intended for sale within or without the State of Oregon, to stamp, mark or label plainly on the outside of every box or package of green fruit so packed, the name and postoffice address of the person, firm, association, or corporation packing the same; provided further, that when the grower of such fruit be other than the packer of the same, the name and postoffice address of such grower shall also prominently appear upon such box or package as the grower of such fruit.

SEC. 2. False representation. It shall be unlawful for any dealer, commission merchant, shipper or vender, by means of any false representations whatever, either verbal, printed or written, to represent or pretend that any fruits mentioned in section 1 of this act, were raised, produced or packed by any person or corporation, or in any locality, other than by the person or corporation, or in the locality where the same were in fact raised, produced or packed, as the case may be.

SEC. 3. Evidence of falsely marked fruit. If any dealer, commission merchant, shipper, vender or other person, shall have in his possession any of such fruits so falsely marked or labeled contrary to the provisions of section 1 of this act, the possession by such dealer, commission merchant, shipper, vender, or other person, of any such fruits so falsely marked or labeled shall be prima facie evidence that such dealer, commission merchant, shipper, vender or other person, has so falsely marked or labeled such fruits.

SEC. 4. Violation; penalty. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $5, nor more than $500, or by imprisonment in the county jail not less than ten nor more than one hundred days, or by both such fine and imprisonment, at the discretion of the court. Approved February 7, 1907. General Laws of 1907, ch. 11, p. 22.

4185. Inspection of orchards, packing houses, etc.; expenses. It shall be the duty of the several members of the board and of the secretary or the county inspectors under their direction, whenever they shall deem it necessary, to cause an inspection to be made of any orchards, nurseries, trees, plants, vegetables, vines, or any fruit-packing house, storeroom, salesroom, or any other place within their district, and also of any fruit trees or nursery stock shipped from