August 25, 1917 



HORTICULTURE 



237 



" trade. You can imagine what such a 

 plan would mean to tjie horticultural 

 trade of the United States. Our com- 

 mittee has authority from the Execu- 

 tive Committee ot the S. A. F. and O. 

 M. to oppose this measure, in co-opera- 

 tion with the nurserymen and will ex- 

 ercise that power for the best interests 

 ot our members. 



Licensed Firemen. Request for assist- 

 ance have come from several states to 

 help prevent legislation requirins the 

 service of licensed firemen and engi- 

 neers on low pressure boilers in small 

 greenhouse plants. That would legislate 

 many small growers out of existence. 

 Over 100 such bills are now pending 

 in the different states and it is impos- 

 sible for our committee to handle all of 

 them. The matter was referred to 

 the Executive Committee for action, 

 though the remedy must come from the 

 growers in the affected states through 

 their representatives. 



War Duties. In last May's war rev- 

 enue measures, the Ways and ileans 

 Committee of the House proposed a 

 straight additional 10 per cent, ad va- 

 lorem duty on all imports, and it was 

 embodied in the bill passed by the 

 House. The imposition of an ad valorem 

 duty to 4tems already dutiable on a 

 specific basis, would renew many old 

 abuses and make the importation of 

 many of the finer varieties prohibitive. 

 While not objecting to an increased 

 duty, your committee demanded a spe- 

 cific increase on items at present suit- 

 able on a specific basis, and failing to 

 get redress from the Ways and Jleans 

 Committee of the House, it was taken 

 to the Senate Finance Committee 

 where the whole tariff increase failed 

 of passage. 



Express Labels, to facilitate more 

 prompt delivery of flowers and perish- 

 able goods. In March last a number 

 of members of the S. A. P. Executive 

 Committee, together with Mr. Max 

 Schling, of New York, had a lengthy 

 interview with the vice-presidents and 

 general managers of the Adams, Amer- 

 ican and Wells, Fargo Express Com- 

 panies in reference to effecting a more 

 expeditious handling of cut flowers. As 

 that was on the eve of the great rail- 

 road strike, we did not make much 

 headway, but the officials all announce 

 themselves as anxious to help exped- 

 iate the transmission of flowers by ex- 

 press in every way possible. Subse- 

 quently, through the indefatigable 

 efforts of Mr. Schling the express com- 

 panies allowed us to use the following 

 label, which should do much towards 

 facilitating delivery of express pack- 

 ages: 



Flowers. Highly Perishable 



I.\lrORT.\XT NOTICE. 



Express Agent: 



If immediate delivery of this pack- 

 age cannot be effected, communicate 

 with consignee by telephone or other- 

 wise, advising of arrival of shipment 

 and say why immediate delivery can- 

 not be made. Your assistance in ex- 

 l)CditinK delivery will be appreciated. 

 This label is approved by 

 E. M. Wii.r.iAMS, 

 Vice-President, Adams Express Co. 

 D. S. Elliot, 

 Vice-President, American Ex. Co. 



P. S. Hoi.BKOOK, 



Vice-President, Wells, Fargo Ex. Co. 



Under date of July 6th, we received 

 complaints from several large cut flow- 

 er shippers that the express companies 

 were about to claim, through the Inter- 

 state Commerce Commission, that a 

 twenty-four hour delay on cut flowers 

 would not be unreasonable. This was 

 referred to your Chairman at Washing- 

 ton, who immediately took the matter 

 up with the Interstate Commerce Com- 

 mission with the following results: 



July 16, 1917. 

 Dear Mr. Gude : 



Referring to the communication which you 

 submitted to me, from the Secretary of the 

 Society of Florists, I have talked with the 

 olficial of the Commission having ImmedT- 

 ate charge of matters relating to rates and 

 regulations of Express companies. He 

 states that no communication has come to 

 his hands requesting a ruling by the Com- 

 mission In regard to the subject of claims 

 for delays to flowers in transit. I will have 

 the officials go further into the question 

 and have explained that the law confers no 

 authority upon the Commission to make a 

 ruling of the character suggested, namely, 

 that 24 hours is not unreasonable delay to 

 cut flowers; that the question of what is 

 unreasonable must be determined upon the 

 facts in each case, and if the shipper and 

 express company cannot agree upon the 

 subject of a particular claim, the question 

 must be settled in the Courts. Therefore, 

 where a controversy arises over a particu- 

 lar shipment as to damage caused by delay, 

 and the carrier denies liability, no rule that 

 the Interstate Commerce Commission might 

 lay down could bind the Court in its de- 

 cision on the facts presented in a suit. 

 The Commission has always avoided ex- 

 pressing opinions concerning questions 

 which it would not authoritively decide If 

 presented in a formal preceeding before It. 

 and it is perfectly obvious that it would 

 decline to do so in the case mentioned In 

 the letter received by you from the Secre- 

 tary of the Society of Florists. The Com- 

 mission acts within Its province, and Con- 

 gress has not conferred power upon it to 

 pass upon or adjust claims for loss, dam- 

 age or delay in transit. Those are claims 

 which the Courts alone have authority to 

 determine. 



If any express company should propose a 

 rule by tariff publication, I will keep in 

 touch with the situation in such a way to 

 be immediately informed, and will take 

 such actions as necessary to secure sus- 

 pension of the proposed rule, although I 

 am confident that no tariff official or legal 

 advisor of express companies would expect 

 to be able to establish a fixed basis for 

 settlement of claims for delay by traffic 

 rules or regulations. They could have no 

 force in law. as the Courts would still use 

 their own judgment and proceed as now to 

 hear and determine causes of this character, 

 without regard to any rule or regulation 

 published In tariffs of the express com- 

 panies 



Yours very truly. 



J. H. FISHBACK. 



P. S. A peculiar duty rests upon Express 

 Companies in transporting cut flowers, be- 

 ing a highly perishable commodity, and 

 they mav not absolve themselves from li- 

 ability vhiless they have strong justiflca- 

 tion. 

 Mr. W. F. Gude, July 17th, 1917. 



Dear Sir:— I have conferred further at 

 the office of the Commission with regard 

 to the attempt of express company officials 

 to avoid payment of claims for damage due 

 to delay where the delay does not exceed 

 24 hours. I now find that shippers have 

 communicated with the Commission in- 

 forming It that they have been advised ot 

 this position of claim agents or other of- 

 ficials of the Express companies, principally 

 the Adams Express Company. I umler- 

 stand. but this had reference more partic- 

 ularly to nou-perlshable property, and not 

 cut (lowers, ami due to the fact that owing 

 to operating conditions on railroads, traffic 

 c()ngestion and congestion of terminals, etc.. 

 which have existed for many months, the 

 movement of trains and delivery of prop- 

 erty has been interfered with and delayed. 



liowever. as 1 have explained, the Com- 

 mission has made no ruling on the subject, 

 and it is not within its province to do so, 

 as the liability of carriers for delay must be 

 determiiUMl upon the facts in each case, and 

 where the carrier denies liability, the ques- 

 tion can be settled alone In the courts 

 upon the facts presented. If any claims 

 on cut flowers are declined on the basis 

 explained to me, they should be taken up 



with the chief executive officials, or by 

 suit in the courts. 



Yours ver.v truly, 



J. H. FISHBACK. 

 Embargo on Lily of the Valley Pips 

 From Copenhagen. Last fall, your 

 committee was appealed to by various 

 large importers about getting their 

 lily of the valley pips from Copenha- 

 gen into the United States. After 

 many conferences and long delays, 

 we were advised by the Department 

 of State that the majority of valley 

 pips in Copenhagen were not grown 

 in Denmark but were German-grown 

 and, therefore, the British authorities 

 were not inclined to let them come 

 through 



Importation of Azaleas. Last fall, 

 much time was consumed between the 

 German and British Embassies and 

 the State Department in endeavoring 

 to have the embargo raised on aza- 

 leas and other stock from the Ghent 

 district on shipments into the United 

 States from Belgian growers. This 

 seemed to be almost an insurmount- 

 able problem and we had practically 

 given up hope of getting tlie azaleas 

 and other stock in, when we were ad- 

 vised that owing to a misunderstand- 

 ing between the Counsellors in Lon- 

 don and Berlin, the azaleas had been 

 held up in error. And, when the mis- 

 understanding was rectified, the aza- 

 leas came through. 



In reference to the shipment of aza- 

 leas and rhododendrons this year, we 

 beg to advise that we have taken the 

 matter up with the Department of 

 State and under date of August 2nd, 

 1917, we were assured that so far as 

 the department knows there has been 

 no restrictions or laws changed since 

 1916 by which azaleas have been per- 

 mitted to come in, and payment made 

 to the Belgian Bank in London. Our 

 committee, however, feels that until 

 war conditions change in Belgium, no 

 azaleas or other stock can come into 

 the United States from that country. 

 Fumigation of Orchids. In May last, 

 several communications were re- 

 ceived from the Orchid Growers' As- 

 sociation to have an interview with 

 the Department of Agriculture as to 

 the fumigation of orchids, which, 

 some of the growers claim, was so 

 detrimental to the plants that some 

 had been killed. We took the matter 

 up promptly with the Federal Horti- 

 cultural Board on May 27th last and 

 were told that the fumigation of new- 

 ly imported orchids had been sus- 

 pended until the 31st of May to see 

 what effect the fumigation would 

 have. Subsequently, we have been 

 told that the fumigation orders have 

 been modified, so far as orchids were 

 concerned, until they are now being 

 fumigated without detriment to the 

 plants. 



Embargo on Raflfia from Madagas- 

 car. Early in the recent European 

 war the French Government placed 

 an embargo on all raffia exported 

 from the Island of Madagascar. The 

 importers became interested and 

 were very anxious to have the em- 

 bargo lifted. We took the matter up 

 with the Department of State and 

 after many interviews and cable- 

 grams (paid for by Mr. James Mc- 

 Hutchison of New York City) we 

 were advised on August 1st that the 

 embargo had been lifted by the 

 French Government and raffia is now 

 coming in as before. 



