No. 4.] SAN JOSE SCALE. 309 



purchasers are victimized, and the pest becomes established 

 in hundreds of new localities. To the credit of this State 

 let it be said that the Massachusetts nurserymen who have 

 been called upon to combat the scale as a rule have shown 

 that they fully appreciate the importance of dealing with it 

 promptly and thoroughly. 



Legislation. 



The occurrence of the San Jose scale in a nursery or 

 orchard is a constant menace to the fruit and shade trees in 

 the vicinity, and when neglected should be classed as a public 

 nuisance. Being a nuisance, it becomes a proper subject for 

 legislation. Lacking national laws on the subject, many 

 States have enacted statutes whereby the treatment of infested 

 trees is made mandatory upon the owner, and the sale of 

 infested stock a criminal offence, punishable by fine. In 

 some States nursery stock coming from another State will 

 not be admitted unless accompanied by a certificate of free- 

 dom from dangerously injurious insects and diseases, issued 

 by the entomologist of the State from which shipment was 

 made. Germany has gone a step farther than this, and, by 

 the edict of Feb. 5, 1898, prohibited the importation of 

 American nursery stock or fruit. 



So far as the nursery question in this State is concerned, 

 Professor Fernald has steadily held to the idea that the laws 

 of trade are more potent than those framed by legislators ; 

 that the man who deliberately sells infested trees, will 

 eventually lose his reputation and patronage, while the 

 reputable dealer will ultimately be w T ell repaid for all sacri- 

 fices made to maintain the high standard of his stock. The 

 soundness of this view of the case has been demonstrated by 

 the action of the nurserymen of this State who voluntarily 

 have gone to the expense of having their nurseries examined 

 by experts, have destroyed thousands of trees, and have 

 erected fumigation houses for the treatment of all stock 

 bought or sold. This they have done not through fear of 

 punishment, but in order to protect themselves and cus- 

 tomers, and to retain public confidence in the character of 

 their stock. With nurserymen so wide awake to their own 



