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SEC. 5.

Association, and he shall report the same to the Association. The President shall appoint a standing committee on each of the following subjects, who shall make an annual report at the January meeting: Committees—Meteorology in its relations to Horticulture, Entomology, Ornithology, Geology, Forestry, Pomology, Vegetable Culture, Floriculture and Ornamental Gardening

No money shall be drawn from the treasury except upon orders signed by the President and countersigned by the Secretary.

Sec. 6. It shall be the duty of the President to preside at all meetings, sign all orders upon the Treasurer, act as ex officio chairman of the executive committee, and sign all approved records ; and in his absence the Vice-President at large shall perform his duties.

It shall be the duty of any one of the County Vice-Presidents present to preside in the absence of the President and Vice-President at large, and to furnish such information as may be solicited by the Secretary.

SEC. 8. It shall be the duty of the Secretary to keep a record of all proceedings of the Association, receive all moneys and pay the same to the Treasurer, and take his receipt therefor ; countersign all orders upon the Treasurer, and deliver to his successor in office all books and papers in his possession belonging to the Association; and he shall receive such compensation as may be allowed by the executive committee.

It shall be the duty of the Treasurer to keep all moneys belonging to the Association, and to pay out the same only upon the order of the executive coinmittee, signed by the President and countersigned

SEC. 7.

SEC. 9.

by the Secretary. And he shall make a report of the financial condition of the Association at its annual meeting, and at the expiration of his term of office deliver to his successor in office all moneys in his hands belonging to the Association.

Sec. 10. It shall be the duty of the executive committee to audit all bills, and in the interim of the meetings of the Association, to take such official action as in their judgment may promote the objects of the Association, and report their action to the next succeeding meeting; and they may call a special meeting at any point of the State desired, by giving twenty days' notice. SEC. II.

The records of this Association shall at all times be open to inspection by any member. SEC. 12.

These by-laws may be altered or amended at any regular meeting, by a vote of a majority of the members present.

COLORADO STATE LAW RELATING TO HORTICULTURE.

AN ACT

TO PROMOTE AND ENCOURAGE HORTICULTURE AND FORESTRY IN

THE STATE OF COLORADO, AND TO ESTABLISH A STATE BUREAU
OF HORTICULTURE.

Be it enacted by the General Assembly of the State of Colorado:

SECTION I. That the Colorado State Horticultural Society be and hereby is constituted a Bureau of Horticulture for the purposes hereinafter set forth; Provided, That the said Horticultural Society shall accept of and carry out the provisions of this act.

SEC. 2. It shall be the duty of the said Bureau to encourage and assist in the organization of district and county societies, and give them representation in the State Bureau, and in every proper way encourage and further the fruit and tree growing interests of the State.

SEC. 3. Said Bureau shall hold its annual meetings on the second Thursday in January of each year at the capitol of the State, for the transaction of its business, the election of its officers, and for determining the time and place of holding exhibitions, at which meeting premiums on essays may be awarded, and all questions relating to the horticultural development of the State may be considered. SEC. 4.

The said Bureau shall make an annual report before the first day of June to the Secretary of State, embracing the proceedings of the Bureau for the past year, and statistics showing the general condition of horticulture throughout the State, together with such essays and statements of facts and recommendations as they may deem useful to the horticultural interests of the State; said report to be fully prepared for publication, and the Secretary of State shall cause the same to be published in pamphlet or book form, by the State, under the supervision of the society.

SEC. 5. The number of copies to be published of said report shall be two thousand, all of which shall be bound in a uniforın style every two years, in one volume, and shall be distributed by the Secretary of the State, as follows: Ten copies each to the Governor of the State, Secretary of State, State Auditor and State Treasurer, five copies each to the Supreme Judges and Attorney-General, two to each member of the legislature, one copy to each judge and clerk of district and county courts, one copy to each newspaper office in the State, ten copies to the State University, School of Mines, Reform School and Warden of the State Penitentiary, two copies to each college of learuing in the State, fifty copies to the Agricultural College, and two copies to the State Historical Society, and the remainder to the State Horticultural Bureau, to be distributed as said Bureau may direct.

Sec. 6. To enable the said Bureau to carry out the provisions of this act, the sum of one thousand dollars is hereby appropriated annually out of any moneys not otherwise appropriated.

SEC. 7.

If the said Horticultural Society shall accept of the provisions of this act, they shall certify their acceptance of the same to the Secretary of State and the State Auditor. After said acceptance the State Auditor shall annually on the first of June, on the order of said society, signed by the president and secretary of said society, draw a warrant on the State Treasurer for the aforesaid sum of one thousand dollars: Provided, Should the said Horticultural Bureau fail to carry out the provisions of this act, during any one year after the first day of April, A. D. 1883, then, and in that event, the aforesaid warrant shall not be drawn for that year.

Approved March 8, 1883.

Supreme Court's construction of the law as indicated by following decision:

Extract from Pacific Reporter, volume IX, page 628. PEOPLE Ex-REL. Richardson z's. Spruance.

Filed January 8, 1886. State Horticultural Society- Funds for its support

How to be appropriated. To authorize the State Auditor, consistently with section 32, of article 5, of the Constitution of Colorado, to draw a warrant upon the State treasury for the use of the State Horticultural Society, there must be a specific appropriation by separate bill made by tlie legislature.

Mandamus.

S. A. Osborne, for plaintiff.
T. H. Thomas, Attorney-General, for respondent.

STONE, J. — The petitioner, as “President of the Colorado State Horticultural Society and Bureau of Horticulture," seeks to compel the respondent, as State Auditor, to draw a warrant upon the State Treasurer for the sum of $1,000, for the use of the said Horticultural Society. The authority upon which the petitioner predicates the duty of the Auditor to act in the preinises is based upon the act of March 8, 1883 (Sess. Laws, 1883, P. 210), entitled, “An act to promote and encourage horticulture and forestry in the State of Colorado, and to establish a bureau of horticulture."

The first section of the act declares “that the Colorado State Horticultural Society be and is hereby constituted a bureau of horticulture for the purposes hereinafter set forth, provided that the said horticultural society shall accept of and carry out the provisions of this act."

The act then proceeds to set forth the general purposes of the society, or bureau, its duties, the time and place of its meetings for the transaction of business, the election of officers, etc. It requires that reports of the proceedings of the society shall be made, prescribes what the reports shall contain, and that a specified number of copies of such reports shall be published and distributed to the various offices and departments of the State, and certain designated institutions, societies and persons.

The sixth and seventh concluding sections of the act are these :

“SEC. 6. To enable the said bureau to carry out the provisions of this act the sum of one thousand dollars is hereby appropriated annually out of any moneys not otherwise appropriated. "SEC. 7.

If the said Horticultural Society shall accept of the provisions of this act, they shall certify their acceptance of the same to the Secretary of State and State Auditor. After said acceptance, the State Auditor shall annually, on the first of June, on the order of said society, signed by the president and secretary of said society, draw a warrant on the State Treasurer for the aforesaid sum of one thousand dollars; Provided, Should the said horticultural bureau fail to carry out the provisions of this act during any one year after the first day of April, 1883, then, and in that event, the aforesaid warrant shall not be drawn for that year."

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