394 MINNESOTA STATE HORTICULTURAL SOCIETY. 



LEGISLATURE VS. "THE TREE SHARK." 



H. W. BENTON, MINNKAPOLIS. 



(Read before the Minnesota State Horticultural Society Dec. 9, 1898.) 



I have been asked by your honorable secretary to prepare a five 

 minute paper on the above subject. 



As I understand it, a "tree shark" is an unprincipled, smooth in- 

 dividual who goes around the country representing himself to be 

 the agent of some reputable nursery and soliciting orders for trees 

 ■which when they are delivered do not correspond to the trees sold, 

 and thus the purchaser is defrauded and at the present time is 

 without remedy. 



The question now arises, how can such individuals who so repre- 

 sent themselves, be reached by law? It has been suggested by some 

 that all persons soliciting orders in the state be compelled to pur- 

 chase a license from the proper authorities. Upon a careful exam- 

 ination of the authorities on the subject, I have found that not- 

 withstanding the license might apply generally to all persons who 

 are residents of the state or otherwise, that it would be in violation 

 of the inter-state commerce law, hence, it would be non-enforcible 

 and void. It is, however, an established principle of law, recognized 

 by the courts, that the only way in which commerce between the 

 states can be legitimately affected by such laws is when by virtue 

 of its police power and its jurisdiction over persons and property 

 within its limits the state ]>rovides for the security of the lives, 

 limbs, health and comfort of persons and the protection of prop- 

 erty. Any state can pass inspection laws to secure the due quality 

 and measure of products and commodities without interfering with 

 inter-state commerce laws. 



My opinion is that if there is any disease to which trees and 

 shrubs are subject, and which disease is of such a nature as to 

 destroy the orchards of this state, then some law might be passed 

 by our legislature to protect the orchards of the state, and which 

 law would in the future operate as a license, and thus the object 

 desired would be accomplished. For instance, I learn that the San 

 Jo8<i scale is threatening the trees of this northern climate. In the 

 December number of the Horticulturist, I noticed an article by 

 Prof. Lugger, in which he states that the scale will propagate and 

 grow in this climate as well as in a warmer. I am not prepared to 

 say how serious it would be if such a disease should get into the 

 orchards of this state, but if it is serious it seems to me that some 

 law might be passed which would provide for proper inspection 

 and protection, and which would also prevent dishonest agents from 

 defrauding the fruit growers of the state. My attention has been 

 called to such a law which was proposed but not passed by the last 

 legislature. I am not prepared at this time to say whether the pro- 

 posed' law is just the thing or not, but I feel confident that some 

 protection can be afforded by our legislature to the fruit growers 

 and purchasers of trees and shrubs in this state. 



