REPORT OF STATE HORTICULTURIST. 8l 



LAW RELATING TO NURSERY AGENTS. 



"Section 6. (As amended by P. L. 1909, c. 34, and P. L. 

 191 1, c. 84 and c. 176.) Agents or other parties excepting 

 growers who wish to sell nursery stock shall make application 

 for an agent's license and shall file with the state horticulturist 

 the names and addresses of nurseries or parties from whom 

 they purchase their stock. Such application shall be accompa- 

 nied by a fee of ten dollars. On receipt of such application 

 the state horticulturist shall issue an agent's license valid for 

 one year in such form and with such provisions as the com- 

 missioner of agriculture may prescribe. Such license may be 

 revoked at any time for failure to report names and addresses 

 of nurseries from which stock is purchased or for such other 

 causes as may in the opinion of the commissioner of agricul- 

 ture be deemed sufficient. Any violation of this requirement 

 shall be punishable by a fine of not less than ten nor more than 

 fifty dollars for each offense. 



For the purpose of this act the term nursery stock is hereby 

 applied to all fruit and ornamental trees, shrubs, and vines, and 

 includes currant, gooseberry, blackberry and raspberry bushes." 



That this law should not be overlooked, a statement explain- 

 ing it was sent to all the licensed agents in the State in August, 

 191 1. January i, 1912, fifty agents had been licensed according 

 to the new law, which took effect July i, 191 1, but some were 

 selling without any license. This, of course, made a lot of com- 

 plaint from the licensed men and demanded some immediate 

 action. 



Two cases were carried to court March 29th, in Franklin 

 county, and found guilty. They were fined ten dollars and 

 costs of court. All of the other cases that were reported to the 

 office up to the ist of May were attended to as soon as possible. 

 Only two other cases were prosecuted, both in York County. 



The American Association of Nurserymen did not believe 

 the law constitutional and persuaded the agents to carry the 

 cases to court. This was done, Thaxter & Holt of Portland 

 being employed by the defense. The case of Staples waived 

 an examination in the Biddeford municipal court July 17th and 

 was carried to the Supreme Court at Alfred, September 27th. 

 From here it was carried to the Law Court on a statement of 

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