FORTIETH ANNUAL REPORT. . 87 



the name of the ''Home Nursery Company of Bloomington, Illinois" in 

 large type was sent to them, asking whether they had authorized this 

 contract, they replied in the negative. 



You will liote tliat this company when told tliat they Avere responsi- 

 ble under law for the actions and transactions of their agents, denied 

 that these parties weiv their agents, aUhough in letters earlier in the 

 year the com]>any a])plied to my office for agents' licenses for these par- 

 ties representing at tliat time that they were agents. 



In the face of all these facts, it seems to me that the entire business 

 of this nursery company and its agents or representatives, is carrying 

 out a policy of misrepresentation which seems to be nothing more or 

 less than premeditated swindling. 



This is a concrete example, — one of several with which we have had 

 to contend in Wisconsin, and I learn from correspondence that similar 

 operations are being carried on in other states. What methods of con- 

 trol can be promulgated for restraining and preventing such nefarious 

 business in our midst? To my mind no more serious detriment and 

 Imrm is thrust upon the Horticultural interests of any state than is 

 perpetrated by just such dishonest and swindling dealing. 



Another class of dishonesty with which we must contend, is the nur- 

 serymen within our borders who continually persist in substituting 

 varieties other than those ordered by customers. In my own state there 

 are nurserymen who have no scruples in this regard, but carry out meth- 

 ods of intentional substitution by taking orders for varieties which 

 they know they have not in stock, intending on delivery to substitute 

 other varieties without notifying the purchaser. Is there any reason 

 why a nurseryman should sulistitute for good varieties in orders which 

 are adapted to the particular conditions where the trees are intended 

 to be planted without notifying the customer of his inability to furnish 

 the ordered varieties any more than there is excuse for a lumberman 

 to furnish you Avith pine or hemlock lumlx^r when you had ordered 

 oak; or for a i)ainter to furnish you blue when you had ordered red 

 paint; or for a miller to furnish you with cornmeal when you had or- 

 dered flour? I hold that it is within the scope of projx^r laws to de- 

 mand that nuiserymen furnish the varieties which have been ordered 

 and if they are not able to furnish the variety ordered, they should no- 

 tify the customer so that he may either cancel the order or make his 

 own substitution of varieties. 



Substitution may be all right in the case of small orders. But if 

 you are in the fruit business and intend to plant large blocks you want 

 one kind in one block or row. Instead you may have a lot of seedlings 

 or crab apples mixed among your trees which can not be distinguished. 

 It is very easy to swindle the farmer and grower, for he cannot dis- 

 tinguish the varieties until they come into bearing and then he finds 

 to his sorrow that he doesn't have what he expected and disappointment 

 and loss is the result. 



Now what is the remedy? That is not an easy question to answer. 

 I know what we propose to do in my state. First I want to say that 

 there are many dealers both in Wisconsin, Michigan and Minnesota, to 

 whom we furnish a license for the sale of nursery stock and we cannot 

 tell where they get that nursery stock. What method of control shall 

 we adopt for these people? I propose to publish a list of the nursery- 



