SUMMER MEETING. 67 



the Vitis vinifera varieties there. Our Vitis labrusca, found in New England 

 and southward, is well adapted to withstand mildew. 



T. T. Lyon : You speak of species and varieties of grapes. What is the 

 distinction between a species and a variety ? 



Prof. Bailey : The Linuaean idea of a species was " a succession of individ- 

 uals which reproduced themselves from seed." Cultivated varieties, whose 

 origin is known, and which so reproduce themselves, like our different kinds 

 of corn, might be called artificial species, but they have received the name of 

 races. Dr. Asa Gray says "species are judgments." A clear cut group, hav- 

 ing no intermediate forms connecting it with others, is called a species; other- 

 wise one is said to be a variety of the other, and both are included in the same 

 species. 



PROTECTING ORIGINATORS OF NEW FRUITS. 



Paper from Jacob Moore, of Attica, New York : 



Various plans to protect the originators of new varieties of fruits have been 

 proposed during the last twenty years but the system below outlined (first pub- 

 lished as a circular) combines the merits of all those plans without their 

 defects : 



The originator of a valuable new fruit, vegetable, or ornamental plant, should 

 have the the exclusive privilege of giving it a name, and the exclusive right to 

 grow, disseminate and sell it. This means in reference to Class 3, below 

 specified, to disseminate and sell to be grown. New varieties should be sub- 

 jected to examination and trial by a competent committee, that protective 

 letters might not be given for old sorts, worthless new ones, and those not dis- 

 tinct enough to be identified. It would be necessary to classify plants in the 

 statute, protecting them according to the purpose for which they were 

 valued, and apply the protection accordingly ; thus : 



Class 1. Perennial Plants valued for the seed or fruit. 



Class 2. Plants valued for ornament. 



Class 3. Vegetables, Vegetable Fruits, Cereals and other annuals valued as 

 edible and marketable products. 



The purchaser of the right to grow a variety for individual use would not 

 possess the right to sell the means of propagation unless such means was the 

 product for which the variety was valued. For instance, such purchase would 

 not confer the right to disseminate plants or cuttings of varieties belonging to 

 Class 1, nor plants of perennial and seed of biennial and annual sorts included 

 in Class 2, although the flowers and foliage could be sold as the ornamental 

 product. With vegetable fruits such purchase would not confer the right to 

 disseminate and sell the seed apart from the product containing it ; nor would 

 purchase of the marketable product when it was the means of reproduction, 

 convey the right to grow the plant unless that right was conveyed in writing by 

 the owner of the protective right. It must be borne in mind that growing the 

 plant, that is, the act ot setting in the ground, propagating and cultivating it, 

 is synonomous with manufacture, and the facility with which an article may be 

 manufactured does not invalidate in the least this exclusive right of the pat- 

 entee. The party therefore to whom the lawful disseminator sold plants, cut- 

 tings, seeds, etc., of the variety — according to the manner of its propagation — 

 would receive from the latter a conveyance of the right to grow the sort, and 

 to sell the marketable product under the name. If any one procured the sort else- 



