LEGAL PROTECTION FOR SEEDLING FRUIT. 263 



stand up before horticultural experts and try to tell them anything 

 about it. I think I have said enough to call your attention to the 

 practical difficulties in the way of giving- legal protection to the 

 originator of a seedling plant. 



When you, gentlemen, get the questions of individuality and 

 heredity of plants settled, and become so expert in distinguishing 

 them that you can give the courts definite and positive testimony 

 in regard to the ancestry and consanguinity of all the little plant 

 waifs which are continully presenting themselves for classification, 

 I assure you that the courts will furnish legal protection to the 

 midwife who officiated at the conception and birth of the waifs. 



The President: Mr. Choate, may I ask if there is any legal 

 protection for a variety under a specific name? 



Mr. Choate: I suppose you refer to the question of the name 

 adopted by the originator. There is protection for that. 



Mr. Bush: Such protection would consist of the trade mark 

 right? 



Mr. Choate: Yes, sir; and protection would be given where 

 there is no trade mark. 



Mr. Philips: If I find on another man's farm an apple that 

 I find is a seedling, and I purchase that tree and the sole right 

 to use it, cut scions and propagate it, pay for it and take his re- 

 ceipt, would I be entitled to the same protection in putting 

 that tree out as the man would be who planted the seed? 



Mr. Choate: Yes, I think you would. 



Mr. Benjamin: There is another point about which I would 

 like to ask a question. Suppose I find a seedling growing on 

 a neighbor's farm and obtain scions, either by gift or purchase, 

 and afterward he wishes to control the propagation himself, 

 can he control the product of those cions I received from him, 

 even though he may have given them to me? 



Mr. Choate: I think when you purchase anything without 

 limitation it becomes your property to do with what you please. 

 Whenever those cions become yours, they become yours for 

 all purposes. 



Mr. Philips: They are yours unless you stole them. They 

 do that sometimes. (Laughter. ) 



Mr. Yahnke: Referring to Mr. Philips' case, how would it be in 

 case that man sells the place from which I have bought the tree? 

 How would that affect my right. That is, in case he sells his farm 

 where the tree stands, what can I do about it? 



Mr. Choate: Well, you buy the tree with the farm, and you do 

 what you please with it. 



Mr. Philips: If I buy the tree from the present owner it is mine, 

 but if he sells the place on which the tree stands to another man 

 what am I going to do then? 



