124 Annals of Horticulture. 



government departments and to such other institutions, socie- 

 ties and agencies as the Secretar}^ of Agriculture ma}' elect, on 

 account of services rendered in the furnishing of information 

 found valuable in its preparation. To all other people copies 

 of the register shall be sold at a price to be fixed by the Sec- 

 retar}^ of Agriculture, provided that the said' price be enough 

 to cover, at least, the extra cost of printing and furnishing these 

 copies additional to those above specified. 



"Sec. 8. — Penalties for infringement. — Any person found 

 guilty of unlawfully propagating or offering for sale any seeds, 

 bulbs, roots, plants or cuttings of any variety of plant pro- 

 tected by the certificate of the Secretary of Agriculture, either 

 under its proper, or a fictitious name, shall be deemed guilty 

 of a misdemeanor and punishable in the same penalties as 

 pertain in cases of infringement of the laws of the United 

 States governing patent rights. It is provided, how^ever, that 

 lawful purchase shall entitle the holder to propagate such 

 plants for his own use and the sale of the products thereof, 

 excepting such as may be used as a means of propagation. 



''Sec. 9. — The sum of $50,000 is hereby appropriated for 

 the purposes of this act. 



"Sec. 10. — This act shall take effect and be in force imme- 

 diately upon its passage and approval by the President." 



The copyright or trade-mark system was clearly and forcibly 

 outlined by Eugene Glen, of Rochester, N. Y. , in Januar}^, 

 1878,* and so earh^ as 1879 D. B. Wier, of Illinois, had copy- 

 righted varieties of cherries, f Since then the trade-mark 

 has been used with good results. One of the most prominent 

 instances of its use is that by the Niagara grape company. The 

 copyright discussion has been lately revived. Definite out- 

 line of it was made in an editorial in Garden and Forest in 

 August, 1888, J in the course of remarks upon nomenclature as 

 considered by the Societ}^ of American Florists : " The ques- 

 tion of obtaining from Congress the enactment of a law per- 

 mitting trade-marks or copyrights to be taken out for the pro- 

 tection of the rights of raisers of new flowers was not brought 

 before the convention. The question of copyrighting new 

 flowers is not altogether a new one, and has been discussed in 

 different European countries at various times, as well as in 

 the United States. The right of a man to enjoy the results of 



*Gard. Monthly, XX. 25. f Ibid, xxi. 284, 314, 364. :t Gard. and For. i. 313. 



