716 



HORTICULTURE 



November 28, 1908 



Seed Trade 



IMPORTANT DECISION REGARD- 

 ING A SEED-GROWING 

 CONTRACT. 



The District Court of Douglas 

 Coum>. Nebraska, has recently de- 

 cided an important Bead case. An ac- 

 tion iu replevin was brought by the 

 J. C. Robinson Seed Company of 

 Waterloo, Nebraska, against John 

 Hamilton, J. ; -:. Hiveley, Citizens' State 

 Bank of Waterloo. Nebraska, and its 

 cashier, H. !'. Waldron. The defend- 

 ant John Hamilton had grown a crop 

 of Stowell's Evergreen sweet corn on' 

 land owned by Mrs. Mary T. Robinson 

 and which she had leased to the J. C. 

 Robinson Seed Company. Hamilton 

 went on the farm under a contract, 

 with the Seed Company wherein lie 

 agreed to do all the work, harvest and 

 deliver the crop to the Seed Company 

 at Waterloo, and he was to receive as 

 compensation for his services such 

 sum as three-fifths of the marketable 

 corn grown would bring at a stipu- 

 lated price per hundred pounds. The 

 contract also provided that the title to 

 the corn should be at all times in the 

 Seed Company. After the corn was 

 shelled, Hamilton sold three-fifths of 

 the same to the defendant Hiveley, 

 and gave a chattel mortgage on the 

 corn he sold to H. B. Waldron and the 

 bank. The other two-fifths of the corn 

 was delivered by Hamilton to the 

 Seed Company. The three-fifths of 

 the corn sold by Hamilton was taken 

 possession of under the writ of replev- 

 in and at the trial the court held: 

 That the agreement between Hamilton 

 am' the Seed Company constituted a 

 cropper's contract; that the relation 

 between the parties thereto was that 

 of master and servant; that Hamilton 

 had no right to sell the corn or mort- 

 gage the same, and that the purchaser 

 and mortgagee got no title or lien on 

 the corn. At the close of all the tes- 

 timony for both sides, the court 

 directed the jury to return a verdict 

 in favor of the J. C. Robinson Seed 

 Company. This case is vitally im- 

 portant to seed men of Nebraska, for 

 there has been an impression, owing 

 to some former decisions, that con- 

 tracts like the one involved in this 

 suit were not valid in that State. In 

 this trial the court entirely repudiated 

 such claim and held such contracts to 

 be absolutely valid and enforceable. 



NOTES. 



Los Angeles. Calif. — Aggler & Mus- 



ser Seed Co. suc< d rhe Johnson & 



Mnsser Seed Co. 



Green Bay. Wis. -It is reported that 

 the Everett B. Clark Seed Co. will 

 erect a seed warehouse in the spring. 



li.s Moines, la. — James G. Elder has 

 returned to his former position of 

 superintendent of the retail sales de- 

 partment with the Iowa Seed Co. 



INCORPORATED. 



Springfield, Mass. — E. M. Lyman & 

 Son, A. E. Lyman, E. B. Crimmins; 

 to cultivate and sell garden seeds; 

 capital, J20 



APPRAISERS' DECISIONS. 



Before Board 3, November 6, 190&. 



No. 19937. — Evergreen Seedlings. — 

 Protests 199D54, etc., of P. Ouwerkerk 

 (New York l. Opinion by Waite, G. A. 



The following articles were held dutiable 

 us evergreen seedlings under paragraph 

 252, tariir act ot 1887, as claimed by toe 

 Importer: aucuba japonlca, rhedo<leinlroii, 

 and bos tree. Note (i. A. 6169 (T. D. 

 ■JfTtTl). 



No. 19946. — Nursery Stock — Boxwood. 

 —Protest 201912 of American Express 

 Company (Boston). 



Am article invoiced as Buxus arbortscens 

 nnd commonly known as boxwood, which 

 was classified as nursery stoek under para- 

 graph 252, tariff act ot 1SU7, was claimed I 

 le ue dutiable under the provision in the 

 same paragraph for evergreen seedlings. 



Waite, General Appraiser: . . . That 

 boxwood is an evergreen is conceded, but 

 the protestants have not sustained their 

 claim that these importations were seed- 

 lings. The Government has offered in 

 evidence the testimony of the examiner 

 .of nursery stock at the port of New York, 

 whose experience and acquaintance with 

 such merchandise covers a period of forty 

 years He Btates that, although it is pos- 

 sible to r.iise from the seed such plants 

 as imported, as a matter of fact it is not 

 done: that they are started from cuttings, 

 for tile reason that too long a time Is 

 required to germinate from the seed. 



In the light of such testimony and In 

 the absence of any evidence sustaining the 

 importers' claim, we overrule the protest. 



No. 19917. — Flower Seeds — Seeds of 

 Shrubs and Vines.— Protest 296313 of 

 Henry & Lee (New York). 



Merchandise classified as seeds not 

 specially provided for under paragraph 

 254, tariff act of 1S97, was claimed to be 

 free of duty under paragraph 650 (flower 

 seeds), or paragraph 54S (seeds which are 

 diugs). Protest overruled. 



Waite, General Appraiser: ... No 

 testimony was taken in the case and no 

 samples produced. The appraiser's report 

 shows the importation in question consists 

 of seeds of salisburia (an ornamental tree). 

 wistaria (a climbing shrub), limonla (shrub), 

 ilex (holly), and pueraria (a tuberous- 

 rooted climbing plait). We do not think 



the s is of a shrub or tree or a hardy 



vine, such as holly or wistaria, were in- 

 tended to be included within the descrip- 

 tion of Bower seeds in pan graph 656. In 

 our opinion, the commodity is not asses- 

 sable under that paragraph nor under para- 

 graph Ms. but is correctly classifiable as 

 s< I ds not specially provided for and assess- 

 able as found by the collector at 30 per 

 cent, ad valorem. 



No. 1994S. — Seedlings of Pine and 

 Spruce — Evergreen Seedlings. — Protest 

 207142 of Chas. D. Stone & Co. (New 

 York). 



The protest related to seedlings of white 

 pine and blue spruce, classified as ever- 

 green seedlings under paragraph 252, tariff 

 act of 1S9T. Assessment affirmed. 



Waite, General Appraiser: . . . The 

 importers claim that "both these varie- 

 ties of trees shed their foliage in the win 

 ter time, and are therefore manifestly not 

 evergreen," but should be duitable as nur- 

 sery or greenhouse stock at 25 per cent, 

 ad "valorem under the same paragraph. 



The above-quoted statement of the pro 

 testants, upon which they base their claim, 

 ■would seem to have been made in error, 

 for the trees named are perhaps anions 

 the best known of the evergreens. They 

 are found in the forests in the north of 

 our country, and their characteristics are 

 so well known that all authorities nsrree 

 upon their habit of always retaining their 

 leaves. We consider this to be natter of 

 common knowledge, and the mere state 

 rnent of the fact suffices. 



Headquarters for 

 Xmas Greens 



Our stock is the choicest to be had. 

 Holly 



Molly Wreaths 

 Laurel 

 Lycopodium 

 Mistletoe 



Write for our special circular on Xmas Greens 



MflM^KSK! 1 



CATALOGUES RECEIVED. 

 Munson Nurseries. Denison, Tex. — 

 Tree Planters' Handbook. 



Chicago Carnation Company, Jolief, 

 111.— Catalogue of Carnations, standard 

 varieties and novelties. 



Illustrated Price List of Bulbs and 

 Seeds for Autumn, 1908. The cover is 

 adorned with a lovely design of purple 

 crocuses, naturally treated, on a cream 

 ground, by H. A. Bunyard, who has on 

 several former occasions demonstrated 

 rare artistic talent in the designing of 

 catalogue covers. 



R. Vincent, Jr., & Sons Co., White 

 .Marsh, Md. — Geraniums — 1909. Like 

 all the Messrs. Vincent's produc- 

 tions, this catalogue is a work 

 of art. A frontispiece showing 

 view in one of the trial houses is 

 done in colors and there are many full- 

 page half-tone illustrations of new 

 varieties. Anyone interested in gerani- 

 ums — and who is not — can find much 

 to interest and instruct in this cata- 

 logue. 



A. T. Boddington, New York City. 



See List of New Offers in This Issue. 

 Page 729. 



TOBACCO 



STEMS -STRONG KIND 



IOO lb. bale $1.25 



W. ELLIOTT & SONS 



42 VESEY STREET, NEW YORK. 



WKflRb 



™BKflNb 



PULVERIZED SHEEP 

 PULVERIZED HOG 

 PULVERlZEb CffTTlE 



am SHREDDED CUTTLE 



WflKb 



IJIWNb 



foWMRES 



Cattle Manure in bags, shredded or 

 pulverized. Sheep* Manure kiln 

 dried in barrels. 



Best and safest manure for florists' 

 and greenhouse use. 



Absolutely Pure 

 No Waste 

 No Danger 



Write for literature and quantity 

 prices. 



THE PULVERIZED MANURE CO. 



31 Exchange Ave., Union Slock Yards, Chicago 



SHEEPHVIANURE 



Pulverized. Free from all Adulteration 



In Bag, $ 1 8.00 per Ton. Cash with Order 



ROBERT SIMPSON 



CLIFTON, N.J. 



See List of New Offers in This Issue. 

 Page 729. 



