1877.] 



AND HORTICULTURIST. 



343 



had sold. If, as a result of the examination, it 

 appeared that Mr. Ayer's rights had been in- 

 fringed, he would recover judgment against the 

 druggist for the damages he had sustained, with 

 costs, and an injunction against future violations 

 of his rights. The chance of having to pay the 

 costs of both parties, if actions are not main- 

 tained, would deter Mr. Aycr and others from 

 commencing prosecutions without having well- 

 grounded reasons for believing that their rights 

 were being invaded. 



So, too, if you should sell another nursery- 

 man one dozen or one hundred of your copy- 

 righted grape vines, and he should put the name 

 secured to you in his catalogues and circulars, 

 and press the sale of vines under that name, 

 without making further purchases from you, 

 your suspicions that your rights were being in- 

 fringed would be aroused. Under the proposed 

 law you would have all the remedies now given 

 for violation of trade marks, with the added ad- 

 vantage that while the latter, being common law 

 remedies, are limited to actual damage, if one 

 could recover, in addition to actual damage, the 

 entire profits realized by the infringement. 

 The fact that they cannot thereby make any 

 considerable sum without subjecting themselves 

 to the consequences of prosecution, has been 

 found quite sufficient to deter most evil disposed 

 persons from infringing upon trade marks of 

 those who are here to look after them. With 

 no greater difficulties to encounter, and with the 

 added penalty named, there can be no doubt 

 that the law would give you substantial protec- 

 tion in the enjoyment of your copyright. 



In another communication I will present 

 some of the reasons for adopting this law as a 

 means of lessening the sale of fraudulently 

 labeled trees and plants. 



EDITORIAL NOTES. 



European Notes by the Editor. — In going 

 through the world we meet with two sets of trav- 

 elers. The one stands watch in hand, counting 

 the mile-posts as the cars rush by, and rejoices 

 when he discovers that he has made forty miles 

 an hour. The other looks out on the hills and 

 vales and streams, the green fields and bright 

 flowers, the works of nature and the works of 

 art, and would almost be thankful for a slight 

 accident which would detain the locomotive that 

 he might get out and admire. Steam is too fast 



for him ; yet he feels that he must go on. In 

 spite of himself, he has to go. And thus it is 

 through all life, and especially through my short 

 life in Europe. I see things every moment I 

 know it would interest my friends at home to 

 hear about. This little Isle of Wight containing 

 not three hundred square miles is full of them, 

 but I have other things to say, so we must "get 

 on." Yet I must linger a while to take another 

 last look at it. 



Here is the town of Ryde, which, when I 

 was brought into it a child of five years old, 

 had about one hundred old-fashioned houses, 

 is now a fashionable town of some thirty thou- 

 sand inhabitants. I look around for some old 

 landmark to remind me of my youthful days, 

 but the proverbial cat in a strange garret might 

 feel more at home than I. Doubtfully I go 

 from house to house to inquire for old friends, 

 but it is generally the same answer: "Dead, 

 dead, long since dead and gone." Here is the 

 pretty " Swan's Nest Cottage," and my escort 

 whispers " Surely you knew Captain Masters ? 

 his son still lives there." And I must venture 

 in at least and ask for the boys. It seemed 

 scarcely possible that one should be Masters of 

 Nebraska,whom I had known for the past twenty 

 years, and yet had never recognized as the play- 

 mate of my school-boy days! I wandered 

 around to my old haunts, but all were changed. 

 Surely, I thought, the! graves of the dead in Eng- 

 land at least are sacred. They do not rise and 

 follow their descendants into distant lands. So I 

 started for the spot where the six hundred 

 drowned sailors of the " Royal George " were 

 buried, and where the only known locality for 

 the " Proliferous Pink " made the spot equally 

 venerable to the botanist; but these also had 

 been swept away, and very fashionable houses, 

 with " apartments to let " swinging from the 

 windows, occupied the site. Right thi'ough this 

 grassy meadow where I had often watched the 

 king-fisher spread its beautiful blue wings, the 

 water-rat paddle in perfect security, and once 

 had the rare privilege of seeing the ignis faiuus 

 float across its marshy surface — the locomotive 

 now coursed, a stern reality, and all the poetry 

 had vanished away. 



Rip Van Winkle's experience seemed less real 

 than mine. It was not without some satisfac- 

 tion that I found the old school-house where I 

 and some hundred other boys were taught, still 

 just the same. In the days of which I speak , 

 those who could not go many miles away. 



