120 JOURNAL OF ECONOMIC ENTOMOLOGY [Vol. 7 



Entomologists' Fund, if necessary. Consequently, if we had to pro- 

 ceed against many individuals, unwilling to comply with the law, we 

 would, in view of the fact that the infestation of Minnesota oaks is 

 very widespread, be seriously embarrassed for want of funds. 



More important in this discussion than the fact of lack of funds, a 

 fault which we hope will be remedied at the next session of the legisla- 

 ture, are certain points in connection with the laAV which, at the present 

 time, are subject to criticism, even on the part of those who are respons- 

 ible for the wording of the law and the carrying out of the provisions 

 therein. These problems we lay before you, hoping to receive from 

 you helpful suggestions and perhaps being, in a small way, responsible 

 for at least a few ideas welcome to inspectors at this meeting. Some 

 of our problems many of you have doubtless solved, and you may 

 smile at the fact that they present difficulties to the Minnesota officials; 

 nevertheless, please regard us as suppliants before you, asking for 

 suggestions born of your experience and we hope you will respond 

 generously to our request. 



The first criticism that we have to make upon our new law, as well 

 as upon the wording of the law in some of the other states, is that the 

 term "nursery" in not defined, leading to embarrassing inquiries, at 

 times, as to whether we are dealing with a nurseryman or a dealer, — 

 the latter not being entitled to a regular certificate such as we grant 

 nurserymen. We have been obliged to meet more or less criticism 

 this year from men whom we designate as dealers and who, in conse- 

 quence, by the wording of our law, are necessarily restricted in the 

 scope of their business. Manifestly, a man who can show the inspector 

 one quarter of an acre of land which, indeed, he may rent and not own 

 and on which he has planted left-over stock, is not a nurseryman, but 

 a dealer; but let him stick into the ground a dozen or fifty willow 

 cuttings and, technically, he has a nursery for he is "propagating 

 stock for sale" and on a legal technicality, is entitled to a regular 

 nurseryman's certificate. To grant such a certificate, under these 

 conditions, would be manifestly absurd and to guard against such a 

 contingency and, at the same time, be generous in our attitude, we 

 have decided to give a nurseryman's certificate to any seller of nursery 

 stock who can prove to us that he propagates upon his premises, owned 

 or rented, at least 50 per cent of the stock which he sells. If he buys 

 more than 50 per cent he is entitled only to a dealer's certificate. This 

 decision was arrived at after first consulting our attorney-general who 

 declared, in the absence of any definition in our law, that it is evidently 

 within the province of the state entomologist to determine what is a 

 nurserj^ and what is not, and after interviews with many of our leading 

 and well-established nurserymen recognized as responsible businessmen, 



