1 28 Annals of Horticidtiire. 



would prevent all litigation, for all varieties admitted to the 

 register would be legitimate, and for all others protection 

 could not be expected. 



"The solution of the whole matter is exceedingly simple. 

 Let a register of cultivated plants be instituted at the Depart- 

 ment of Agriculture. Then let the originator send to the de- 

 partment a specimen, description and, perhaps, picture of his 

 novelty ; if the variety appears to be a new one, a certificate 

 of registration is issued for it. If the originator chooses to 

 sell his stock to dealers, let the fact be recorded, and a record 

 of transfer be issued to the purchaser. If the originator de- 

 sires to control the propagation of the variety he can do so 

 for any length of time by specifications in his contracts with 

 dealers. It is evident that after a variety is put upon the re- 

 tail trade, it becomes public property, and no statute can 

 further protect it. When a man buys for the purpose of 

 planting, he buys also the privilege of selling the fruit or 

 other commercial portion, and this portion is often the very 

 one used for propagation of the particular variety. No law 

 could prevent the propagation of melons and most other vege- 

 tables, when the varieties are put upon the market, even were 

 there no common rights at issue. 



"An eastern nurseryman has already secured a copyright 

 upon the name of a new grape. With the aid of a register 

 to record his variety and others, he would be practically se- 

 cure. In fact, he finds himself secure even now. The re- 

 gister, as I have suggested it, is not a burdensome affair, 

 although objection has been raised to registration for the very 

 reason that it would entail so much expense. A list of Amer- 

 ican kitchen-garden vegetables, comprising 2,696 entries, is 

 made by a private individual in the 'Annals of Horticulture,' 

 and the greater part of the work lay in revising the names. 

 And the same volume makes a catalogue of the introductions 

 of i88g, which is certainly very nearly complete, comprising 

 444 entries. These lists are the first attempts yet made in 

 this country toward a registration of plants. If the fuller 

 register is ever made by the Department of Agriculture, de- 

 scriptions will have to be added, but one clerk could peform 

 all the labor required to do this, after existing varieties were 

 entered. 



"All this needs no memorial to Congress, no great ma- 



