26 



The Florists^ Review 



Maech 2. 1922 



growth and a temperature of 50 degrees 

 to 55 degrees at night, anyone can force 

 any of tlie lilacs named and have them 

 in flower for Easter, starting the plants 

 on or about March ], and good, shapely, 

 well flowered lilacs are acceptable, not 

 only at Easter, but many weeks in ad- 

 vance of it. Another point to remem- 

 ber is that you need not throw away, as 

 useless, any plants from which you have 

 cut flowers, no matter how hard you 

 have forced them. Cut any unsold plants 

 back quite hard and plant them out in 

 the field. In two or at most three years 

 you will have fine, bushy plants, chock- 

 full of flower buds and ideal for forcing. 

 But be sure to dig up and pot or tub 

 them before the ground freezes. Plants 

 lifted in late winter never give a satis- 

 factory return. C. W. 



SUPPLY HOUSES WIN CASE. 



The United States Supreme court Feb- 

 ruary 27 handed down a decision . in 

 favor of the M. Rice Co. and the Joseph 

 G. Neidingcr Co., Philadelphia, involv- 

 ing the form of protest made by them 

 against the government because of du- 

 ties illegally exacted upon importations 

 of immortelles which were entered at 

 Philadelphia April 3, 1916, and the duty 

 liquidated June 8, 1916. 



The collector of customs at Philadel- 

 phia levied duty on the immortelles at 

 the rate of .sixty per cent ad valorem 

 under paragraph 347 of the tariff act of 

 October 3, 1913, while the importers 

 claimed the appropriate rate was twen- 



ty-five per cent under the first clause 

 of paragraph 210, as palms or cut flow- 

 ers, preserved or fresh. 



The question as to the proper classi- 

 fication of immortelles was settled by a 

 decision of the United States Court of 

 Customs Appeals on a ease brought by 

 H. Bayersdorfer & Co., Philadelphia, and 

 the legal duty was conceded to be twen- 

 ty-five per cent ad valorem, by resem- 

 blance to the articles named in para- 

 graph 210. The sole question then was 

 whether, under the form of protest pre- 

 sented, the importers could rely upon 

 the similitude clause of the statute and 

 claim that the immortelles were taxable 

 at the rate fixed in paragraph 210, be- 

 cause of their resemblance to articles 

 therein described. 



The court pointed out that a protest 

 must be distinct and specific enough to 

 show that the objection taken at the 

 hearing or trial was at the time of filing 

 the protest in the mind of the importer, 

 and sufficient to notify the collector of 

 its true nature and character to the end 

 that he might then ascertain the pre- 

 cise facts and have adequate opportu- 

 nity to correct mistakes and cure de- 

 fects. 



The board of general appraisers found 

 the protest Of the importers defective 

 and refused relief from the decision of 

 the collector. The United States Court 

 of Customs Appeals reversed the board 

 and the case came to the United States 

 Supreme court, and the decision of the 

 customs court was upheld. T. N. S. 



F. H. B. CONFERENCE 



r, H. B. WON'T SPRING ANYTHING. 



Dr. Marlatt Explains Conference. 



The forthcoming conference to be held 

 by the Federal Horticultural Board is 

 declared to be the result of a promise 

 made by the board to various foreign 

 delegations that have visited the United 

 States during the last year or so, and is 

 not for the purpose of ' ' springing any- 

 thing on the trade," according to Chair- 

 man Marlatt. 



There seems to be some misunder- 

 standing in the trade concerning the 

 forthcoming meeting, says Dr. Marlatt. 

 In response to an inquiry, Dr. Marlatt 

 stated that the matter of regulation 3 

 will be thrown wide open for discussion 

 as to possible additions to or deductions 

 from the list it covers. 



"We are not going to spring anything 

 on the trade," declared Chairman Mar- 

 latt. "We thought that the notice we 

 sent out was plain that the conference 

 is merely for the consideration of the 

 regulation. Further, we do not expect 

 the triide to try to spring anything on 

 us. There wim-o many ]icople who de- 

 sired the conforonco and the board was 

 glad to give it. If anything constructive 

 is offered, the board will be glad to re- 

 ceive it." 



At Foreigners' Request. 



Dr. Marlatt stated that ho did not 

 know wlu'thcr or not tlii' foreign delega- 

 tions that have been jiresenting the 

 views of foreign cxjiortiTs would attend 

 the conference. Belgium and Holland 



have made various representations to 

 the board, and the promise was given 

 the Belgians that sooner or later there 

 would be such a conference as is now to 

 be held April 19. It is stated that no 

 requests for the conference have come 

 from domestic interests. 



It is stated that the board has no pro- 

 gram for the meeting, and it merely 

 adds that it promised the conference and 

 is going ahead with it. In 1919, at De- 

 troit, Chairman Marlatt stated that he 

 would be glad to confer with the florists 

 at any time if they would come before 

 the board with a definite program and 

 have an agreement in the trade on the 

 program. 



It is pointed out that the only persons 

 to take advantage of this offer were the 

 orchid men. A conference was arranged 

 and the various interests heard. Noth- 

 ing has conic of the conference, however, 

 due to the inability of those in the trade 

 to agree among themselves, according 

 to Dr. Marlatt. T. N. S. 



WHAT IS CONTERENOE ABOUT? 



Dr. ^farlatt, cliniriuan of the federal 

 horticultural board, consented to change 

 tlic dnto of the plant conference from 

 ^farch 15 to Ajtril 19, and the trade ap- 

 preciates that, but this committee has 

 been unnblc to get a definite and ex- 

 plicit statement as to the scope f)f the 

 conference, whnt specific subjects the 

 F. 11. B. will be prejiared to discuss. 

 February 13 this committee wrote to Dr. 

 Marlatt as follows: 



W'oiild it not bp possible to postpone the oon- 

 feronce until nfter p.'ister? If this can be done 



and a corrected notice Issued, please allow me to 

 renew the suggestions made In behalf or tms 

 committee In my letter to you of December 81, 

 that the notice be in more specific terms, auw 

 that two hearings, instead of one. be held, one 

 following the other, or the one hearing be divia- 

 ed into two parts, the first to consider changes 

 in quarantine 37 as it now stands, the second to 

 consider further restrictions on imports. 



Both are important subjects, yet not directly 

 related, and I am sure you would not want U 

 said justly again that the hearing was called at 

 a time when those most interested could not at- 

 tend, or that they did not know what specinc 

 subjects would be considered. Let us have a 

 fair, open hearing this time. The matter of 

 further restrictions IS far too important to De 

 mixed in or buried with protests over sput mUK. 

 Please be good enough to let me have your deci- 

 sion on these points as promptly as possible. 



Under date of February 14 this com- 

 mittee received the following noncom- 

 mittal reply from Dr. Marlatt: 



Tlie information given In the notice would 

 seem to be adequate. It states definitely that 

 the conference Is called "for the purpose of con- 

 sidering the advisability of any modifications- 

 additions to oc deductions from — of the classes 

 of plants permitted entry for immediate sale 

 under regulation 3 of quarantine 37." This no- 

 tice, therefore, involves both a reconsideration of 

 all the classes of plants -now included under 

 regulation 3 and also a consideration of any 

 additions, which may be properly made to 

 the plants there listed. Any attempt to discuss 

 the matter with respect to any particular plant 

 or classes of plants or requirements of entry 

 would necessarily involve a certain prejudging 

 of the subjects to be considered by the confer- 

 ence. » 



The board's wish, however, Is to give oppor- 

 tunity at this conference, as stated in the no- 

 tice, "for a full and free discussion of the whole 

 subject of the classes of plants involved and the 

 restrictions enforced under this regulation." 



Kegulation 3 includes lily bulbs, val- 

 ley pips, narcissi, hyacinths, tulips, fr^it 

 and rose stocks. Which of these items 

 does the board plan to quarantine, if 

 any? And if none, why not frankly say 

 so and save the trade the necessity of 

 providing ammunition it may not uset 

 It is assumed that the board has already 

 made its plans and is preparing to carry 

 them through. It need not call a con- 

 ference to consider "modifications," 

 but to comply with the law it must call 

 a hearing to consider additional quaran- 

 tines. The inference is obvious. 



How can there be "a full and free 

 discussion of the whole subject" by in- 

 terested persons, unless those persons 

 know that^what they are interested tn 

 will be discussed? If it is the board's 

 intention to quarantine rose stocks and 

 narcissus bulbs, there will be no "full 

 and free discussion" of those subjects 

 unless those interested in such items are 

 present at the conference and they will 

 not be there imless they know that 

 those items will be discussed. They are 

 not interested enough in "modifications 

 to quarantine 37" to warrant their go- 

 ing. 



Of course, the trade would gladly 

 give the board some practical construc- 

 tive guidance with regard to modifica- 

 tions of quarantine 37, but if additional 

 quarantines are planned, this committee 

 will be fully occupied in meeting the 

 main issue. The trade has largely 

 adnjited itself to the iniquities of quar- 

 antine 37; to lift the quarantine on 

 items that are not now purchasable in 

 (■(iiiimorcial quantities would be futile, 

 iinyway, but the trade is vitally inter- 

 ested in additional qu.Trantines. 



Will the conference discuss "modi- 

 fications to quarantine 37" or "addi- 

 tional quarantines"? To consider both 

 at tlie same time would result in bury- 

 ing the important matter of additional 

 (jUitrantines under a jumble of protests 

 over sjiilt milk. Does Dr. Marlatt want 

 tliat, or does he want "a full and free 

 discussion"? 



James ^NIcHutchison, 

 Chairman Tariff and Legislative Com- 

 mittee, S. A. F. 



r" 



