a 
3 
HORTICULTURAL FRAUDS. Sit 
and that our committeeon legislation be asked to draft and secure 
the passage of such a law. 
President Underwood: You can now talk to the qnestion, but be 
as brief as possible. 
Mr. Wedge: My suggestion, which I thought you all understood, 
was that the law should provide that all nurserymen doing busi- 
ness in the state should have their agents put under bonds. Their 
business is all on the same footing. 
Secretary Latham: I feel entirely in sympathy with the motion 
of Mr. Wedge, but it seems tome if it was changed a little it would 
be a little more practicable. I think a committee should be ap- 
pointed to draft such a law; let it be submitted to the executive 
committee and then turned over to the committee on legislation to 
secure its passage Ifa law could be drawn here, to be submitted 
to the society, it would be all right. 
Mr. Pearce: The only thing necessary is to have a law to prevent 
fraud; not to prohibit any other nurseryman to sell here, but to 
make the law which we already have stronger against fraud. 
President Underwood: I think we understand the true sense of 
this motion. Itis not to prevent anybody from selling, but it pro- 
vides for the privilege of selling on the part of any nurseryman, in 
the United States or out of it, and requires them to give bonds for 
the faithful performance of their business and the honest ful fill- 
ment of their promises. Now, the question is on the matter ofrefer- 
ring it to the committee on legislation, and Mr. Latham’s suggestion 
is that it be referred to the executive committee. 
Mr. Wedge: We want the sense of the society as to presenting it 
to that committee. 
Secretary Latham: I think, perhaps, it would be better for Mr. 
Wedge to have his motion provide that the chair appoint a com- 
mittee to frame such a law, and then refer it to the executive com- 
mittee for approval, to be by them turned over to the legislative 
committee. The legislative committee is selected to work legisla- 
tion through. 
Mr. Wedge: Iaccept Mr. Latham’s suggestion and change my 
motion accordingly. 
Mr. Dartt: I believe ifthis bond theory is adopted in your law, it 
will be declared unconstitutional because it restricts trade. It says 
to a poor man, “You cannot go into the nursery business unless 
you are able to give a bond.” 
Pres. Underwood: They do the same thing by all the saloon- 
keepers in the state. 
Mr. Dartt: The saloonkeepers make more money than the nur- 
serymen do. They are sure to berich, or else their backers are. I 
do not believe you can pass any law that will compel me to give 
bonds before entering upon legitimate branches of trade, 
Mr. Clark: I am a commercial traveler. I travel in Montana 
where I have paid them $1,700 in license for the privilege of selling 
goods in that state. That law was afterwards declared unconstitu- 
tional. In another state they had virtually the same law, and some 
commercial travelers went to jail for refusing to pay the license. 
