216 MINNESOTA STATE HORTICULTURAL SOCIETY. 



A HORTICULTUKAL La\v Suit.— A law snit of much importance to 

 horticulturists in Minnesota, and probably in the whole country, 

 has latel}'' been begun in New Uliu, Minn. It involves a question as 

 to the identity of a seedling being propagated by C.W.H.Heideman, 

 of New Ulm, with one owned and originated by H. Kuudson, 

 of Springfield, a neighboring town. Mr. Kuudson claims that the 

 seedling Mr. Heideman is propagating is in reality his (Knudson's) 

 seedling, scions from which he gave Mr. Heideman some years be- 

 fore — which latter fact Mr.Heideman admits, but claims they did not 

 live. 



The suit is for the purpose of securing a permanent injunction 

 against Mr. Heideman to prevent his selling anj' trees or scions 

 grown from this particular seedling. Mr. C. W. Sampson, of Eureka, 

 is interested with Mr. Knudson in this suit, having become a part 

 owner of stock to be grown from the original tree. 



A temporary injunction has been secured by the plaintiffs by pre- 

 senting affidavits from Prof. S. B. Green and Mr. Clarence Wedge 

 showing in substance the improbability that two plants differing so 

 w^idely as in this case from the original species and originated by 

 different persons working independently should be so apparently 

 identical. 



The trial and decision of this case will be looked for with much 

 interest. The result will depend ver3f largel3' on expert testimony 

 as to the identity of the trees and the improbability referred to in 

 the above affidavits. The case also involves a verj^ important ques- 

 tion as to the rights of originators of new kinds of fruit. 



The plaintiff's attorneys state that there is no statute, either of the 

 United States or of the state of Minnesota, protecting the propaga- 

 tor of a new variety of fruit, and while they are of the opinion that 

 the common law can be invoked to protect such a person, it seems 

 strange that such rights are not clearly defined and protected by 

 statute. The discovery and propagation of new hardy varieties of 

 fruit in Minnesota is certainlj^ of as much importance as the inven- 

 tion of some new machine, and our legislature should be called 

 upon to pass a law upon the subject which will give protection in 

 such matters, similar to the protection given bj' trade marks and 

 patent laws. 



The seedling referred to above is the new hj'brid sand cherry of 

 Mr. Knudson, a very interesting and, probably, valuable cross be. 

 tween the Miner plum and the sand cherry . It is fully described on 

 page 132 of the April number of this year. 



A very pretty annual, and one not generally cultivated, is Nico- 

 tiana Affinis. The flowers are clear white, tubular in shape and 

 borne in great profusion. It blooms in the evening- and is very 

 fragrant, filling the atmosphere with its peculiar odor, which is 

 similar to that of Lilium Longillorum. The flowers remain fresh 

 for several days after being cut if kept out of the sunshine. 



