1878.] 



AND HORTICULTURIST. 



55 



novelty in the same species, not because he can 

 hope to get a better sort, but for tlie reason that 

 he cannot much longer expect to retain the ben- 

 •efits of his advertising of this, and because he 

 must hereafter sell his genuine goods in compe- 

 tition with the spurious specimens referred to. 

 •Surely this indicates a vicious state of trade ; 

 and yet it is everyday experience. 



1 have now shown as clearly 1 as can, without 

 unduly trespassing upon your columns, the na- 

 ture of and necessity for the proposed law ; that 

 it differs radically from, and is not open to any 

 of the serious objections which may be raised 

 against a horticultural patent law ; that in all 

 •essential particulars it is analogous iu principle 

 to the law of trade-marks, which have their 

 foundation in natural equity, and have been rec- 

 ognized and protected in all civilized countries 

 for ages ; that while it would prove a stumbling 

 block to rogues, it could not create monopolies, 

 and would not introduce anomalies into the laws 

 ■or interfere with the i-ights of anybody ; that it 

 would lessen frauds now glaringly prevalent, 

 which from their nature, the circumstances un- 

 der which they are committed, and the period 

 which must elapse before their discovery, cannot 

 be reached directly, and by elevating horticul- 

 tural trades in public esteem inure to the benefit 

 of every honest member of those trades ; that 

 it would encourage the origination and introduc- 

 tion of new and improved varieties, and lessen 

 the sale of inferior sorts ; that it would weaken 

 •existing prejudices and stimulate many to take 

 ^increased interest in the growth of fruits and 

 flowers. If my discussion of the subject has 

 been full, and my argitments sound, the measure 

 would be productive of great good. 1 may be 

 mistaken ; but having clearly set forth the 

 grounds of my opinion., and made at least a 

 ■i^ood prima facie case, unprejudiced people will 

 not believe the measure unwise or impracticable 

 unless its opponents, if any. point out specifi- 

 cally wherein it will fail, and demonstrate the 

 •correctness of their assertions. If my reason- 

 ing has been fallacious in essential particulars, 

 •or if I have omitted to answer vital objections 

 to the proposed law, surely some of your many 

 readers will have discovered it, and be able to 

 point out wherein I am at fault. In view of the 

 importance of the subject, I trust that some one 

 will not hesitate to do this regardless of the con- 

 sequences to any argument. At the same time 

 I would i-emind such as may require it, that as 

 the proposed law does not resemble the patent 



system in any respect, it will not answer here to 

 set up that as a target, and proceed to ridicule 

 it, as some have done. 



I have several times invited opposition. I 

 would have been glad to have encountered it at 

 an earlier stage of the discussion. Thus far I 

 am without an adversary ; but I am not willing 

 to believe that the opponents of this measure, if 

 any, will permit the public to enter judgment 

 against them p7-o confesso, as the lawyers say. 



EDITORIAL NOTES. 



European Notes by the Editor— No. G. — 

 One of the most striking contrasts between 

 what may be termed the average crowd in Eng- 

 land and America, is a certain respectful tone 

 mingled with considerable familiarity on the 

 part of the former. The typical Yankee of the 

 story-books comes at you at once with the air of 

 an old acquanitance. He acts as if he thought 

 that in this world one man is about as good as 

 another, if not a little better •, and he sticks his 

 questions right into you without any compunc- 

 tion or apology whatever, as if no one you know 

 has any better right to do it. Not so with the 

 Englishman. He goes in pretty closely at first, 

 but lands a long way off in a sort of cat and 

 mousical way that leaves little room to be of- 

 fended by the time he brings up. It was in 

 Wiltshire, and he had a tolerably nice beaver 

 at the summit, and a "La Reine " rose (about 

 four inches over) on the lappel of his coat. We 

 had just emerged from the station, and with 

 hand towards his hat, he very politely remarked, 

 " American, I observe, sir. A great many 

 Americans call here, sir." Of course you can 

 only repl}-, "Indeed !" and he at once responds, 

 " Yes, sir ; and we likes 'em, too. They is gen- 

 tlemen who never bothers about odd sixpences." 

 We found in the long run that our friend was 

 the owner of " flys," and we made up our minds 

 that we knew a thing or two, and that there 

 should be no occasion for any " bother about 

 sixpences." To think 30U can see this beautiful 

 country by railroad, is a fraud. I found the best 

 plan was to take a "fly" for the day, and go 

 your own road, and suit yourself to your own 

 time. Tliis was my first experiment at " flying." 

 I found our friend of the beaver hat in due time. 

 " How much," said I, " will you charge to take 

 us to the Mai-quis of Salisbury's? As you re- 

 marked, we are Americans, and are perhaps lib- 



