34 



June, 1897, failed to reveal the presence ot a single San Jos6 scale. 

 However, examinations made Dec. 13 and 18, 1897, at the request of 

 the firm, showed that infested areas dif limited extent had developed 

 in the nursery, although the total infestation was not more than ten per 

 cent of that found the previous spring. These infested areas, as well 

 as a large number of infested apple and pear trees " heeled in " ready 

 for sale, were pointed out to members of the firm, who accompanied 

 me, and assurances were given that all the trees indicated to them as 

 infested or suspected to be invested would be burned as soon as the 

 ground thawed. The matter of a fumigation house was again brought 

 to their attention, with the result that it was decided to build one before 

 the shijiping season. 



In strong contrast to the vigor and thoroughness with which this firm 

 in 181)7 began the treatment of their nursery for the scale was the negli- 

 gence exhibited during the past spring. On April 7, 1898, 1 visited the 

 nursery, and found that the shipping of stock had commenced, the station 

 agent at Bedford, Mass., informing me that some eight or ten carloads 

 had already been shipped. The lumber for a fumigation house was on 

 the ground, but nothing had been done toward building. In the nursery 

 the infested apple and elm trees that I had condemned Dec. 18, 1897, 

 were in great part still standing, although occasional vacancies in rows 

 showed where trees had been dug. The disposition made of the latter 

 trees I do not know. On June 15, 1898, another inspection showed 

 that the infested elms were still standing in the nursery. A fumigation 

 house had been bvult, but apparently used but little. One of the em- 

 ployees of the firm informed me that the building had been used to treat 

 some trees bought recently ; another employee stated that it had not 

 been used except as a store-house. Be this as it may, this firm has this 

 3'ear been guilty of gross carelessness in allowing known areas of in- 

 fested trees to exist unmolested in its nursery, and it would seem highly 

 probable that more or less infested stock may have been sold. This 

 firm also controls the old Shady Hill nursery at Cambridge, Mass. 

 which, although practically abandoned, still contains a large number of 

 trees. Here a colony of the San Jose scale has been allowed to remain 

 for several years, although its presence has been repeatedly mentioned 

 to the firm, with the recommendation that the infested trees be destroyed. 

 In the case of this nursery the writer believes that public interests will 

 be best served by a fair statement of facts, and this he has endeavored 

 to make. 



Legislation. 



The occiu-rence 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 in- 

 fested stock a criminal ofl'ence, punishable by fine. In some States 

 nursery stock coming from another State will not be admitted unless 

 accompanied by a certificate of freedom 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 ot 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 well repaid for all saeri- 



