122 STATE HORTICULTURAL SOCIETY. 



DUTY IN MATTERS OF SAIjE. 



" Receivers with practically tlie same conditions surrounding them will 

 form different opinions, and when all are compelled to act independently 

 scarcely any two men will make the same estimate of the same conditions. 



" I say, then, while sound judgment of values should be required and 

 expected, no absolute standard can be set up that can be reasonably 

 exacted, for any standard or measure of valuables that is claimed to be 

 fixed has been arrived at by a series of calculations, whether mental only 

 or expressed, that in different minds will produce different results. 



" Suppose any single barrel of apjjles be taken as an example, no matter 

 whether one of a carload or only one of a ten-barrel lot. It may be fancy 

 and will suit the finest trade, perfect in every respect ; but the value would 

 depend not only on the judgment of the seller but also on the judgment of 

 and needs of the would-be purchaser, whether the caterer to the millionaire 

 or the hawker in the street. 



" Should berries be considered, time would be a very essential element; 

 whether morning, to be in time for all customers ; or afternoon, when most 

 have their wants supplied — whether a half hour before the train leaves, or 

 just as the train starts. All have their bearing on the values and must be 

 considered. 



"As in political economy the value of one man's possessions can not be 

 fairly taken as the basis for calculating a nation's wealth, so no single con- 

 signment can be set up as the market price on any particular date, and 

 the shipper can not reasonably expect the returns to conform to any stand- 

 ard short of the average. 



" The sale having been effected to the best judgment of the dealer, the 

 shipper has a right to returns within a reasonable time. Having sold for 

 cash, the money is in hand to pay for the same, and after deducting the 

 freight and other charges agreed on, tacitly or by express agreement, with- 

 out delay, the net proceeds should be placed in the possession of the 

 shipper. 



" What the shipper should expect of right of the commission merchant 

 after his shipment reaches the city of its destination, then, is, first, carefiil 

 and prompt receiving of the goods from the transportation company; 

 second, sound judgment in the sale for the highest price obtainable for 

 cash ; third, prompt remittance of the proceeds less the agreed charges. 



"This finishes the transaction of the selling of the goods. Now, if you 

 will add to this the protection of the shippers' interest in locating and 

 arranging for the collection of 'shortages,' claims for 'damages,' and other 

 matters of like character, we have all that can reasonably be expected for 

 the regular rates of commission. 



CERTAIN MUTUAL OBLIGATIONS. 



"When the usual advices of prices, supply and demand are furnished, it 

 is outside of the regular requirements. And when this question is touched 

 upon, it opens up what I have already mentioned, that the mutual obliga- 

 iions between intending shipper and supposed receiver are created, which 

 should be recognized. 



"The law recognizes certain principles that must be respected. Com- 

 mon sense has also general rules that all recognize, and one of these is 

 ' you can not expect to get more than you pay for, ' and if you pay for a 



