LEGAL PROTECTION FOE THE OWNER OF NEW PRODUCTIONS. 223 



I know it is argued by some that a new variety of plant or tree 

 is a direct gift from God, and, therefore, it should be free to every- 

 one, but I think that a weak and untenable position to take and no 

 more applicable to plant life than to anything that the mind or skill 

 of man may discover in other directions. Jacob Moore in writing 

 upon the subject says, "I have many new fruits not yet introduced, 

 far superior to anything of my production that has been dissemi- 

 nated. Of course, the work is unprofitable, not because fruit grow- 

 ers will not pay a fair price for new productions but because nur- 

 serymen, as a class, can put them on the market without paying the 

 originator. The patent and copyright laws are barriers to manufac- 

 turers and publishers, compelling them, as a rule, to pay inventors 

 and authors. Why should there not be a similar protection for the 

 originators of new fruits? As for myself, I have had forty years 

 of experience in the production of new fruits with free trade for 

 their introduction and consequent failure to secure compensation." 



We are all familiar with the experience of the late Peter M. 

 Gideon in the introduction of the Wealthy, a variety of apple that 

 should have made the man who produced it wealthy, but who never 

 received enough to make himself comfortable. H. Knudson, a 

 man who through a series of cross-fertilization produced the Com- 

 pass Cherry, never will receive anything for his work. J. C. Plumb, 

 the originator of Plumb's Cider, Geo. P. Peffer who gave to us the 

 Pewaukee, Mr. Loudon, the discoverer of the famous and best 

 raspberry we have, and many others who could be named, have 

 never received any reasonable compensation for their labor. It 

 seems but fair that we should have a national law granting to the 

 discoverer or introducer of a new plant, tree, fruit, vegetable or 

 grain the exclusive right to its propagation and sale for a period of 

 fifteen years or more and making it a misdemeanor and punishable 

 by a heavy fine for each offense for any one to propagate or sell it 

 under any name whatever except by the consent of the owner. A 

 law of this kind would be wonderfully productive of good results 

 by stimulating the planting of seeds and the practice of cross-fer- 

 tilization to produce new and valuable varieties. A late keeping, 

 hardy apple for the northwest would be found if it was understood 

 that. the originator could not only secure the $i,ooo prize offered 

 by this society but reap a large benefit from the sale of the trees. 

 It would set a thousand to experimenting where there is one now, 

 and the horticulturist would be on an equal footing with the patent 

 medicine man, the inventor and the author. 



The President : At every session of the legislature there are 

 quite a number of members that busy themselves all during thr 



