84 



The Florists' Review 



AuQUST 23, 1917. 



•r,-i 



TARIFF AND LEGISLATION COMMITTEE 



OS^E of the first and most serious 

 problems presented to your commit- 

 tee since the last report was a bill pro- 

 hibiting imports. The demand for the 

 stopping of imports of all kinds of 

 plants, trees and bulbs from all sources, 

 comes from a small group of entomolo- 

 gists, who seem to think that legislation, 

 often ill-advised, is the solution of all 

 evils. They do not seem to know how 

 dependent our trade is upon other coun- 

 tries for such raw materials as lily< bulbs, 

 valley pips, azaleas, Manetti stocks, 

 Dutch bulbs, etc., but they think that 

 the prohibition of these imports will re- 

 duce the annual damage done to our 

 crops and forests by insect pests and 

 plant diseases. We will not weary you 

 with the details in this report, as the 

 facts have been published by the trade 

 papers. 



The seriousness of the matter to this 

 organization comes from the fact that 

 this small group of entomologists had 

 the American Forestry Association en- 

 dorse the plan. This body has a mem- 

 bership of more than 5,000, so is politi- 

 cally powerful in Washington. It con- 

 sists largely of lumbermen, who, of 

 course, are enthusiastically in favor of 

 any plan which they are told will pro- 

 tect our forests, from which their sup- 

 ply of lumber comes. 



The Fight on Quarantine. 



Since the proposed prohibition af- 

 fected the nurserymen almost as vitally 

 as the florists, arrangements have been 

 made whereby the nurserymen join with 

 the florists in combating the plan, and 

 share the expenses of employing what 

 talent may be necessary. During the 

 summer months our committee and the 

 nurserymen's committee are to meet 

 with the entomological committee in 

 charge, and there the matter now 

 stands. 



It has been stated that the entomo- 

 logical committee would be satisfied at 

 this time with a partial quarantine on 

 what they term "finished product." 

 This would then quarantine only such 

 items as bay trees, azaleas, boxwood, 

 etc., but your committee has good rea- 

 sons for believing this would only be 

 the thin end of the wedge, largely used 

 to divide the nurserymen and florists in 

 their opposition. If this plan of the pro- 

 hibition of imports is allowed to become 

 effective, there is little doubt that the 

 next step will be an embargo on inter- 

 state trade — every argument that is 

 used for one prohibition can be used for 

 the other — and it has been frankly said 

 by our opponents that they hope to see 

 the time come when no plant or nursery 

 stock shipments shall be allowed pas- 

 sage in interstate trade. You can imag- 

 ine what such a plan would mean to the 

 horticultural trade of the United States. 



Our committee has authority from the 

 executive committee of the S. A. F. to 

 oppose this measure and in, cooperation 

 with the nurserymen will exercise that 

 power for the best interests of our 

 members. 



Report of William F. Glide ns chairman of the 

 S \ F conimittee on tariff and legislation, 

 presented at the New York convention. 



Licensed Firemen. 



Bequests for aid have come from sev- 

 eral states in the effort to prevent leg- 

 islation going into effect requiring the 

 service of licensed firemen and engi- 

 neers on low-pressure boilers in small 

 greenhouse establishments. That would 

 legislate many small growers out of ex- 

 istence. More than 100 such bills are 

 now pending in the different states, and 

 it is impossible for your committee to 

 handle all of them. The matter was 

 referred to the executive committee for 

 action, although the remedy must come 

 from the growers in the affected states 

 through their representatives. 



War Duties. 



In last May's war revenue measures, 

 the Ways and Means committee of the 

 House proposed a straight additional 

 ten per cent ad valorem duty on all im- 

 ports, and it was embodied in the bill 

 passed by the House. The imposition 

 of an ad valorem duty to items already 

 dutiable on a specific basis would renew 

 many old abuses and make the importa- 

 tion of many of the finer varieties pro- 

 hibitive. While not objecting to an in- 

 creased duty, your committee demanded 

 a specific increase on items at present 

 dutiable on a specific basis, and failing 

 to get redress from the Ways and 

 Means committee of the House, it was 

 taken to the Senate Finance committee, 

 where the whole tariff increase failed 

 of passage. 



Express Labels. 



In MarcH last, a number of members 

 of the S. A. F. executive committee, to- 

 gether with Max Schling, of New York, 

 had a lengthy interview with the vice- 

 presidents and general managers of the 

 Adams Express Co., American Express 

 Co. and the Wells, Targo Express Co. 

 in reference to effecting a more expedi- 

 tious handling of cut flowers. As that 

 was on the eve of the great railroad 

 strike, we did not make much headway, 

 but the officials all announced them- 

 selves as being anxious to help expe- 

 dite the florists' business and transmis- 

 sion of flowers by express in every way 

 possible. Subsequently, through the in- 

 defatigable efforts of Max Schling, of 

 New York, the express companies al- 

 lowed us to use the following label, 

 which, no doubt, in our mind, will do 

 much toward facilitating delivery of 

 express packages: 



FLOWERS HIGHLY PERISHABLE 



IMPORTANT NOTICE 

 EXPRESS AGENT: 



If immediate delivery of this package cannot 

 be effected, communicate with consignee by tele- 

 phone or otherwise, advising of arrival of ship- 

 ment, and say why immediate delivery cannot be 

 made. Your assistance in expediting delivery 

 ■will be appreciated. 



This label is approved by E. M. Williams, 

 vice-president Adams Express Co.; T>. S. El- 

 liot, vice-president American Express Co.; F. 

 S. Holbrook, vice-president Wells, Fargo Ex- 

 press Co. 



Express Claims. 



Under date of July 6, we received 

 complaints from several large cut flower 

 shippers (including a complaint from 

 tlie Leo Xiessen Co., of Philadelphia, 

 through our secretary, John Young) 

 that the express companies were about 

 to claim, tlirough the Interstate Com- 



merce Commission, that a 24-hour delay 

 on cut flowers and plants would not be 

 unreasonable. This was referred to 

 your chairman at Washington, who im- 

 mediately took the matter up with the 

 Interstate Commerce Commission 

 through Mr. Fishback, who was former- 

 ly confidential secretary to the Inter- 

 state Commerce Commission, and there- 

 fore especially qualified to handle such 

 matters, with the following results: 



July 16, 1917. 

 Win. F. Gude, 



1214 F Street, N. W., 

 Washington, D. C. 



Dear Mr. Gude: Referring to the communica- 

 tion which you submitted to me, from the secre- 

 tary of the Society of Florists, I have talked 

 with the oflScial of the commission having im- 

 mediate charge of matters relating to rates and 

 regulations of express companies. He states 

 that no communication has come to his hands re- 

 questing a ruling by the commission In regard 

 to the subject of claims for delays to flowers in 

 transit. 1 will have the officials go further into 

 the question, and have explained that the law 

 confers no authority upon the commission to 

 make a ruling of the character suggested, name- 

 ly that twenty-four hours is not unreasonable 

 delay to cut flowers; that the question of what 

 is unreasonable must be determined on the facts 

 in each case, and if the shipper and express 

 company cannot agree on the subject of a par- 

 ticular claim, the question must be settled In 

 the courts. Therefore, where a controversy 

 arises over a particular shipment as to dam- 

 ages caused by delay, and the carrier denies 

 liability, no rule that the Interstate Commerce 

 Commission miglit lay down could bind the court 

 in Its decision on the facts presented in a suit. 

 The commission has always avoided expressing 

 opinions concerning questions which it would 

 not authoritatively decide if presented in a for- 

 mal proceeding before it, and it is perfectly ob- 

 vious that it would decline to do so in the case 

 mentioned in the letter received by you from 

 the secretary of the Society of Florists. The 

 commission acts within its province, and Con- 

 gress has not conferred power upon it to pass 

 upon or adjust claims for loss, damage or delay 

 in transit. Those are claims which the courts 

 alone have authority to determine. 



If any express company should propose a rule 

 by tariff publication, I will keep In touch with 

 the situation In such a way as to be immediately 

 informed, and will take such actions as neces- 

 sary to secure suspension of the proposed rule, 

 although I am confident that no traffic official, 

 or legal advisor of express companies, would 

 expect to be able to establish a fixed basis for 

 settlement of claims for delay by traffic rules or 

 regulations. They could have no force In law. 

 as the courts would still use their own judg- 

 ment, and proceed as now to liear and determine 

 causes of this character, without regard to any 

 rule or regulation published in tariffs of the 

 express companies. 



Yours very truly, 



J. H. Fishback. 



P.S. — A peculiar duty rests upon express com- 

 panies in transporting cut flowers, these being 

 a highly perishable commodity, and they may not 

 absolve themselves from liability unless thay 

 have strong justification. 



July 17, 1917. 

 W. F. Gude, 



1214 F Street, N. W., 

 Washington, D. C. 



Dear Sir: 1 have conferred further at the 

 office of the commission with regard to the at- 

 tempt of express company officials to avoid pay- 

 ment of claims for damage due to delay where 

 the delay does not exceed twenty-four hours. I 

 now find that shippers have communicated with 

 the commission informing it they had been ad- 

 vised of this position of claim agents or other 

 officials of the express companies, principally 

 the Adams Express Co., I understand, but this 

 had reference more particularly to non-perish- 

 able property, and not to cut flowers, and was 

 due to the fact that owing to operating condi- 

 tions on railroads, traffic congestion and conges- 

 tion of terminals, etc., which have existed for 

 many months, the movement of trains and de- 

 livery of property has been interfered with and 

 delayed. 



However, as I have explained, the commission 

 has made no ruling on the subject, and it is not 

 within its province to do so, as the liability of 

 carriers for delay must be determined on the 

 facts in each case, nnd where the carrier denies 

 liability, the question can be settled alone in 

 the courts upon the facts presented. If any 

 claims on cut flowers are declined on the basis 

 explained to me, they should be taken un 

 with the chief executive officials, or by suit in 

 tlie courts. 



Yours very truly. 



J. H. Fishback. 



