126 Annals of Ho7'tiailture. 



*'It is true, however, .that the original proprietor of a new 

 variety should be in some manner protected. One of the 

 most important steps 3'^et taken in this direction is the propo- 

 sition to devise a national register of plants. This scheme 

 originated with A. L. Bancroft, of San Francisco, and it has 

 been adopted and advertised, together with a plan of propa- 

 gation rights, by a joint committee of the California Horti- 

 cultural and Floral societies. Essentially the same idea has 

 been put into form by the present writer, and lists have been 

 published which may 'serve the purpose of the certificates 

 issued for new varieties by the Royal Horticultural Society in 

 England, and by similar organizations in other countries.'* 

 Mr. Bancroft's plan of registration appears to be too heavy 

 and cumbersome; and the same may be said of the proposed 

 federal law to secure a propagation right to the originator or 

 introducer. 



''The proposed legislation to protect plantsmen and grow- 

 ers possesses the fault of all attempts yet made to secure 

 protection for the originator — the absolute impossibility of 

 determining what a variety is, and if it is entitled to be styled 

 a novelty. There are hundreds of varieties now upon the 

 market upon which no body of judges, even if expert horti- 

 culturists, could agree as to their distinctness from older 

 sorts. A character which is regarded as worthy varietal 

 recognition by one man is disregarded by another. In one 

 soil, or under one treatment, a plant ma}^ be very different 

 from one of the same stock grown under other conditions. 

 Some contend that, among fruits, a seedling is always a dis- 

 tinct variety, no matter if its characters are identical with 

 those of an older sort. This opinion is vehemently main- 

 tained by one of the earlier agitators for plant patents. But 

 even if this position is correct, there are hundreds of instances 

 in which the origin is wholly unknown, and which cannot, 

 therefore, be brought as testimony. In fact, there are scarcely 

 any two horticulturists who hold the same views regarding 

 the limitations of varieties ; and it is a fact that the limits 

 constantly become more obscure the longer one studies varie- 

 ties, a fact v/hich the horticulturists of the experiment stations 

 are rapidly learning. If this is true of men in the business, 

 what can w^e expect of others who might be called to judge if 



*Annals Hort. 1F89, 1,96. 



