Miller v. State Entomologist

This is a proceeding, under the “cedar rust” statute, to cause the destruction, as a nuisance, of certain red cedar trees on the lands of the plaintiffs in error. Sections 1, 2 and 9 of the original act (Acts 1914, p. 49), carried into the Code as sections 885, 886 and 893, are given in the margin. *

The cedars sought to destroyed grow wild, mostly on grazing lands, and are not propagated for commer*179cial purposes. They vary in height from mere sprouts to shrubs or trees six or eight feet high and some of them much higher. The smaller ones are used to some extent for “Christmas trees.” The chief…