70 STATE HORTICULTURAL SOCIETY. 



of the horticultural society before mentioned, opposed by a communications 

 published in the Bural New Yorker, in which he said he "hoped Congress 

 would pay no attention to it, and that he was in favor of letting this matter 

 regulate itself, as it does at present." 



Years ago the U. S. Supreme Court decided the act of Congress on trade 

 marks to be void, because, as it alleged, a trade mark was neither authorship 

 nor invention, and the Constitution empowered Congress to protect only 

 authors and inventors. If this decision is sustained the Constitution must be 

 amended so as to include plant originators. What greater industry exists than 

 agriculture ? What more conducive to national welfare than a prosperous 

 condition of that industry ? What an absurdity it is for the government to- 

 protect the inventor of a toy, while the originator of something the nation 

 may subsist upon, produced perhaps at ruinous cost to himself, is denied the- 

 means of obtaining remuneration. I say such a requital is infamous, heathen- 

 ish — a monumental reproach to a Christian civilized nation. I would that I 

 could thunder into the ears of the whole American people that this is a work 

 which, above all others, should be recompensed and surrounded by the safe- 

 guards of law. 



But we are living in a progressive age and it seems to me our legislators can- 

 not much longer overlook the evils arising from the fact that the producers of 

 new varieties have no exclusive rights to them. If civilization goes forward 

 the time must come when such rights will be granted. The products of the 

 soil will then be improved to an extent now undreamed of and horticulture will 

 perform its part in the development of " That great race which is to be." 



T. T. Lyon: As the paper has to do with the compensation of originators of 

 fruits I move the appointment of a committee to consider the subject and 

 report at the next meeting. 



The motion prevailed and the chair appointed as such committee T. T. Lyon y 

 W. W. Tracy, L. H. Bailey, Jr., and C. W. Garfield. 



W. K. Gibson: There is a distinction between ordinary invention and the 

 origination of new varieties. A patented invention represents a new idea. 

 A new variety does not, however much work may be involved in its production. 

 Ideas and not results are patentable. The process for producing new varieties 

 cannot be patented for it is well known. 



Short notes were read from T. S. Hubbard of Fredonia, N. Y., and A. J. 

 Caywood of Marlboro, N. Y., upon soils for grapes and the hardiest sorts, fol- 

 lowing which the discussion turned upon 



MARKET SOKTS AND MARKETING. 



C. D. Lawton: We have a number of vineyards of Niagara in our locality 

 now looking well. Is it hardy? A year ago last winter it winter-killed con- 

 siderably. Worden and Moore's Early are as hardy as Concord. I would highly 

 recommend the former. Perkins grows well, is hardy, and sells well. Pock- 

 lington has not done well, but seems as hardy as any. Prentiss were all killed 

 Lady is of poor quality, small size and a poor bearer. Early Victor is hardy, 

 early, of fair quality and bears well. Delaware, formerly the most profitable 

 variety we had, and as hardy as Concord, mildews of late years and drops its 

 leaves, causing it to winter-kill somewhat, and requiring a year for it to recover- 

 In some vineyards it is exempt from the mildew. 



