70 



The Florists^ Review 



NOVBMBEB 28, 1918. 



PAPER WHITES 



Case of 1250 • $25.00 



$l.50 LESS IF SHIPPED BY EXPRESS 



13 CTM. 

 AND UP 



ALLIUMS 



$8.50 per lOOO 



You'll need these, as they will come in when stock is scarce. 



ORDER A CASE TODAY. 3% OFF CASH WITH ORDER. 



C. C. POLLWORTH CO., Milwaukee, Wis. 



Mention The Review when you write. 



cient and economic methods, would re- 

 sult in the third element, a fair and 

 reasonable price to the consumer. 



The Colgate Case. 



'*And now a word about the Colgate 

 case, in which you are all especially in- 

 terested and in which, naturally, the 

 Federal Trade Commission is likewise 

 deeply interested. 



* ' This case, although only recently de- 

 cided, has been the subject of earnest 

 study and thought by the commission, 

 and I have asked Governor Fort, the 

 dean of the commission, a man deeply 

 learned in the law, to reduce to writing 

 the result of our study and discussion 

 of this case. Governor Fort says: 



It doea not ai>pear that the decision of the 

 District court, in the case of the United State* 

 vm. Colgate & Co., has any effect upon the ques- 

 tion of resale prices under the Clayton Act or the 

 act creating the Federal Trade Commission. 



The act under which the Colgate indictment 

 was found Is the Sherman Act, passed in 1890, 

 and a careful reading of the opinion of Judge 

 Waddell In the Colgate case fails to show any 

 decision except such as relates to a criminal 

 proceeding under the Sherman Act. The only 



anestion decided by the court, as the opinion will 

 bow, was whether under the Sherman Act "a 

 manufacturer of a given article may not, without 

 Incurring criminal liability, refuse absolutely to 

 sell the same at any price, or to sell at a named 

 sum to a customer, with the understanding that 

 inch customer will resell only at an agreed price 

 between them"; and whether, "should the cus- 

 tomer not obserre the understanding as to retail 

 (resale) prices, exercise his (seller's) undoubted 

 nght to decline further to deal with such per- 

 sons." Civil liability is in no way mentioned in 

 the opinion. The Federal Trade Commission Act 

 and the Clayton Act are, neither of them, men- 

 tioned in the opinion. These acts provide only 

 civil offense penalties. 



Under Section 3 of the Clayton Act, It Is ex- 

 pressly enacted that "it shall be unlawful • • • 

 to sell or contract for sale of goods, wares and 

 merchandise, • • • or fix the price charged 

 therefor, or dlsconnt from or rebate upon, such 

 prices, on condition, agreement or understanding 

 * • * where the effect of such • • • sale, or 

 contract for sale, or such condition, • • • may 

 be to substantially lessen competition or tend to 

 create a monopoly in any line of commerce." 



And Section 5 of the Federal Trade Commission 

 Act reads as follows: "Unfair methods of com- 



fietltlon In commerce are hereby declared un- 

 awful." 



It would seem that It Is an unfair method of 

 commerce to sell to a customer an article for 

 which he pays, and to whom the title passes, 

 upon the sale, with any condition or restriction as 

 to the terms upon which he in turn may sell. 



"Under the Sherman Law a manufac- 

 turer may, unless the refusal is in fur- 

 therance of an unlawful plan, sell or 

 refuse to sell at his pleasure. Under the 

 Clayton Law, not so. Under the Com- 

 mon Law a man has an inalienable right 

 to deal lawfully with his own property. 

 The retailer, owning his merchandise, 

 may, bona fide, sell at any price or give 

 away and, under the Clayton Law, he 

 must not be discriminated against." 



Seems to Let Seedsmen Out. 



Although the Federal Trade Commis- 

 sion haled to its bar of justice one of 



MiCHELL'S c'lf^p FLOWER SEED 



VERBENAS 

 Mammoth Fancy Blue. 

 " Pink. 



Scarlet... 

 Striped... 

 "White.... 

 Mixed.... 



Tr. Pkt. 



....$0.30 

 .30 

 .30 

 .30 

 .30 

 .30 



THUNBBRGIA 

 BUzed 



VINCA 



AIha 



Alha Para 

 Roses 



• seaess^s 



.16 



.16 

 .16 

 .15 

 .15 



Oz. 

 $1.26 

 1.25 

 1.26 

 1.25 

 1.25 

 1.00 



.60 



.60 

 .60 

 .60 

 .60 



SALVIA 

 America or Globe of Fire.. 

 Scarlet Clow (Michell's) .. . . 



Bonflr* 



Znilch 



Splendens 



.60 6.00 



.50 8.00 



.40 2.50 



.60 4.00 



.25 1.60 



ASPARAGUS PLUMOSUS NANUS 

 Northern Greenhoose-grown Seed 



1000 seeds $ 3.00 1 10.000 seeds' $25.00 



6000seeds 13.76 25,000 seeds 66.25 



ASPARAGUS SPRENGERI 



1000 seeds $0.76 1 10.000 seeds $ 6.60 



6000 seeds 8.00 | 25,000 seeds 12.60 



Special prices on larger Quantities. 



Also all other Seasonable Seeds 

 and supplies for the Florist. Send 

 for Wholesale Cataiogae. 



lEMY F. MICHELL CO., 5tl Market Sttrnt, PHIUDELPHM 



Mention The BeTlew when jon write. 



SWEET PEAS 



Winter-flowerinsf Spencer 



Australian varieties direct from the originator 



FLOWER SEED FOR FALL SOWING: 



Asparagus Sprengeri, Bellis Perennis, Calceolaria, 

 Calendula, Cineraria, Cyclamen, Gypsophila Gr. Alba, Mignonette, Pansy, 

 Snapdragon. All selected stock. 



FOTTLER, FISKE, RAWSON CO. 



THE SKCD STORE i2 and 13 Fan«uii Hall Squara, BOtTON, MASS. 



the largest and, it is believed, most hon- 

 orable of the seed trade's members, it 

 seems that Chairman Colver's statement 

 constitutes an O. K. on the seed trade's 

 methods. The custom of all who put up 

 packet seeds for the commission box 

 trade is to retain title to the seeds until 

 they are sold to the planter; the retailer 

 merely is the agent of the seedsman and 

 at no time holds title to the seeds, sup- 



posing, of course, that the commission 

 agreement actually accomplishes its pur- 

 pose. 



Occasionally a price-cutter somewhere 

 sells out the stock of seeds, with which 

 he has been provided, at prices less than 

 those printed on the packets and tenders 

 settlement otherwise than in the terms 

 of the agreement. A cut-price sale of 

 seeds bearing a well-known label invari- 



