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122 



The Florists^ Review 



OCTOBBB 14, 1920 



LAWS CONDEBININO PLANTS. 



Mast Provide for Beview. 



When growing plants or trees become 

 so diseased as to amount to a public 

 nuisance, a state legislature has ample 

 power to provide for their condemna- 

 tion. But any law looking to that end 

 must preserve to the owners of property 

 to be condemned the right to a judicial 

 review of any administrative officer's 

 determination. A statute which fails 

 to provide for such review is unconsti- 

 tutional. This is the gist of the de- 

 cision of the Texas Supreme court in 

 the late case of State vs. Stockwell, 

 221 Southwestern Reporter, 932. The 

 court holds that, construed as giving 

 the state commissioner of agriculture 

 power to destroy trees and plants found 

 to be affected by citrus canker without 

 privilege in the owner to have the find- 

 ing reviewed, a Texas statute would be 

 unconstitutional. 



In this connection the court says, in 

 part: "The state, in the exercise of its 

 public power, may denominate certain 

 things to be public nuisances, and be- 

 cause of their having that character 

 provide for their summary abatement. 

 This power is limited to declaring only 

 those things to be such nuisances which 

 are so in fact; since even the state may 

 not denounce that as a nuisance which 

 is not one in fact. The police power 

 is subordinate to the constitution, as 

 is every other power of the government. 

 Where the legislature has found and 

 defined, as expressed in its statute, a 

 certain thing to be a public nuisance, 

 only in clear cases would courts be war- 

 ranted in going behind its findings and 

 determining the contrary. But whether 

 something not defined as a public "nui- 

 sance by the statute is such under its 

 general terms, is undoubtedly a judicial 

 question. 



Citrus Canker Not Nuisance. 



"With the legislature not having as- 

 sumed to denounce trees infected with 

 citrus canker as a public nuisance, no 

 court would be warranted in holding, 

 without proof, that they were plainly 

 such a nuisance. What reason, then, is 

 there for holding that the decision of 

 the commissioner, a purely administra- 

 tive and not a judicial officer, who has 

 no authority to adjudge property rights, 

 shall be held final and absolute, when 

 sought to be enforced for the destruc- 

 tion of the property of a citizen in the 

 face of a challenge of the facts as pre- 

 sented here by the defendant's plead- 

 ing? If justifiable at all in this case, 

 it could only be on account of some 

 pressing public emergency caused by the 

 condition of these trees, making it neces- 

 sary for the safety of the public that 

 the commissioner's decision be held in- 

 violate and the trees be immediately 

 destroyed. 



"We decline to hold that any sucli 

 emergency was presented. It is wholly 

 unreasonable to say that the trees of 

 this one hedge threatened a general 



pestilence for all the citrus fruit trees 

 in that vicinity. 



"Under the contest made by his 

 pleading, before the property of the de- 

 fendant could be summarily destroyed, 

 he was entitled to a judicial hearing 

 and decision as to whether it ought to 

 be destroyed. Nothing less would amount 

 to due process of law and without this, 

 the Bill of Bights declares, no citizen 

 shall be deprived of his property." 



WASHINGTON, D. C. 



The Market. 



Business fell off slightly during the 

 last few days of the week, due to the 



PEACH TREES 



Fine Trmma . . . Standard Varieties 

 SO.OOO.Trees, Straifkt uai Well RMted. 



W.T. MITCHELL & SON, Beverly, Okii 



Mention The Beylew when you write. 



Hardy Old-fashioned Plants 



Our Specialty 



Specially grown for Florists. Nursery- 

 men and Landscape Architects. Prices 

 on request. 



WILLIAM TOOLE & SON 



HaHr Plut •>< Puty F>m BARABOO, WIS. 



MentloB Th« Barlewwben yon write. 



EvergreenSy Peonies and Iris 



If yon are Interested In these you are Inter- 

 ested in us, as we have a nice lot for early faU 

 delivery. We also grow a full line of fruit and 

 ornamental stock. WRITE FOR PRICES. 



FARMERS NURSERY CO., 



TROY, OHIO 



s 



entlon The Review when you write. 



STAR BRAND ROSES 



"American Pillar" »nd nearly every 

 other good hardy climber. 



Send for our list. 



EST GROVE. 

 PENNA.. U.S.A. 

 Robert Pyla, Pres. I '^ I Ant.Wintier.V.-P. 



Xu pONARD ft 

 "• L JONES CO 



xor our ui 



Mention The Berlew when yon write. 



ENGLISH LAUREL 



BT THK HUNDRKD OR THOUSAND 



THE AIDIBOR RIRSERY 



WILMHITN. I. C. 1. WEIUU. rn$. 



sudden change in the weather. The 

 first few days were cool and it seemed 

 that real fall weather was here to stay, 

 but during the latter patt of the week 

 much warmer weather prevailed. While 

 the present conditions are ideal, it is 

 not just the kind of weather to make 

 business good. The first mums of the 

 season were on the market and the 

 demand was good. At no time during 

 the week did the supply" of yellow 

 mums meet the demand. There is still 

 a strong demand for white roses and 

 swainsona and the latter was scarce. 

 Carnations are arriving in quantity, but 

 while the flowers are good, in no case 

 are the stems over medium leng^th. 

 Eoses are better in quality as well as 



B«i- Barberry iorittti Feraal ETcrfrcta Gardca 



Box- Barberry 



. The New Hardy 

 Border and Low Hedge Plant 

 Trade Prices on Request 



Send for What Others 

 Have to Say About 



Box-Barberry 



Sarplua 



American Hemlock 

 Japan Iris (20 sorts) 



The Elm City Nursery Co. 



WOODMONT NURSERIES, Inc. 



New Haven, Conn. 



New Introduction 



IBOLIUM PRIVET 



The new Hardy Hedge Plant. 



BOXWOOD FOR TUBS AND FORMAL PLANTING 

 PYRAMIDAL AND BUSH FORM 



Our plants have been frequently sheared and are fine. - Write for prices. 



EctabUched 1853 



HOOPES, BRO. & THOMAS CO. 



THE WEST CHESTER NURSERIES 



WEST CHESTER, PA. 



