24 



The Florists' Review 



May 14, 1914. 



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WHAT THE LAW SAYS. 



Legal Liability of Florists. 



A flarist will ordinarily subject him- 

 self to legal liability if he permits the 

 heatin^f plaut of his greenhouses to be 

 so improperly managed that dense 

 smoke is emitted into the air, to the an 

 noyance or injury of his neighbors. 

 This statement is sustained by the rules 

 which have been frequently announced 

 by the courts. The leading case on the 

 subject, so far as florists are concerned, 

 is that of Downing vs. Elliott, G4 North- 

 eastern Eeporter 28. In this case the 

 Massachusetts Supreme Judicial Court 

 recognized the rules above mentioned, 

 but held that an owner of property 

 situated near greenhouses was not en- 

 titled to enjoin the use of soft coal 

 in the heating plant, since the injury 

 to him was slight and the injunction 

 would work a hardship upon the green- 

 house owner, as other fuel was not 

 available at a reasonable expense. 

 Plaintiff claimed that smoke from the 

 greenhouse heating plant rendered ice 

 on his pond unsuitable for harvest. 



Decision in Florist's Favor. 



In denying his right to legal relief 

 against defendant, the Supreme Judi- 

 cial Court said: "The defendant's 

 business is a lawful business, and he 

 has a right to use his premises in any 

 manner that will not violate the law. 

 It cannot be said, we think, that the 

 use of soft coal for the purpose of gen- 

 erating steam of itself constitutes a 

 nuisance, though there are many places 

 in which its use is regulated, and there 

 is nothing to show that the business is 

 not a proper one to be carried on in 

 that locality, or that it is not carried 

 on in a proper manner. Indeed, there 

 would seem to be few businesses less ob- 

 jectionable than that of growing plants 

 and flowers for sale.^ But though the 

 locality is a suitable one, and the busi- 

 ness is lawful and carried on in a prop- 

 er manner, the defendant has no right 

 to materially contaminate the air 'that 

 comes to plaintiff's premises, and in- 

 jure his business and property by the 

 presence and deposit of smoke, soot, 

 dust and cinders. Every one has a 

 right to have the air that comes to his 

 premises come as pure and uncon- 

 taminated as can reasonably be ex- 

 pected. Iff thickly settled communi- 

 ties absolute purity is out of the ques- 

 tion. And the more varied are the 

 kinds of business, the more will the at- 

 mosphere be unavoidably impregnated 

 with impurities. This is one of the 

 inconveniences, if it is an inconveni- 

 ence, which everyone Who lives in a 

 populous neighborhood must suffer. 

 But the fact that the atmosphere is 

 already impure does not justify or ex- 

 cuse a party in adding to the impurity 

 so as to thereby cause still further dis- 

 comfort to others, or still further in- 

 jury to their business or property, and 

 conduct which leads to such a result 



will constitute an invasion of the rights 

 of the parties injuriously affected 

 thereby. ' ' 



Abating the Smoke Nuisance. 



A bulletin issued by the Bureau of 

 Mines of the United States Department 

 of Interior some time ago contains an 

 interesting summary of the status of 

 smoke abatement in the United States. 

 The report is based upon an investiga- 

 tion of conditions in every city in the 

 country. Of the cities having less than 

 200,000 inhabitants it appeared that 

 about twenty-nine were making more 

 or less vigorous efforts to suppress the 

 smoke nuisance. Of the twenty-eight 

 cities having more than 200,000 popula- 

 tion, it is reported that five were, 

 making practically no effort toward 

 smoke abatement, but that in three of 

 these fuel oil is used almost exclusively 

 and the smoke problem is not serious. 

 Most of the ordinances are directed 

 against the emission of "dense "smoke 



into the atmosphere, it being generally 

 understood that an ordinance which 

 forbids emission of "any" smoke is 

 invalid. Headers of The Review will 

 find it worth their while to send to the 

 Bureau of Mines for copies of this 

 bulletin, since it will afford them in- 

 teresting information not only concern- 

 ing their duty to avoid discharging 

 smoke into the air, but concerning their 

 rights against nearby manufacturers 

 who permit smoke to be emitted from 

 factories to such extent as to inter- 

 fere with the operation of greenhouses. 

 S. 



THE OHIO TAX CASE. 



The test case of Ealph Miller, county 

 •treasurer, versus the George H. Mellen 

 Co., of Springfield, O., has been as- 

 signed for hearing May 18 in the Court 

 of Appeals at Springfield. This is the 

 case which is to determine whether or 

 not the growing crops in the green- 

 houses and nurseries is assessable for 

 taxation. A decision adverse to the 

 trade interests has been given in the 

 lower court and the case has been car- 

 ried up by the Springfield Florists' 

 Club, with the aid of cash subscriptions 

 by many other florists through the 

 state. At Springfield $250 was raised. 

 Cijicinnati contributed $115. Cleveland 

 raised $210. The total defense fund 

 amounts to $800. Able counsel has been 

 engaged and a vigorous defense has 

 been prepared, as the outcome will be 

 of far-reaching importance to the trade. 



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SUGGESTIONS J 



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The Propagating Bench. 



While it is getting late to root cut- 

 tings of many bedding plants, there is 

 still time to insert batches of coleus, 

 alternantheras or other quick rooting 

 subjects which may come in useful in fill- 

 ing late orders. Such plants as snap- 

 dragons are producing cuttings in abun- 

 dance. These root easily now, much 

 better than a month hence. Then, of 

 course, chrysanthemums for single stems 

 can be profitably propagated until June 

 1. Marguerites, stevias, geraniums and 

 other cuttings also can still be rooted. 

 If you want to increase your stock of 

 acalyphas, pandanus, colored-leaved dra- 

 easnas and crotons, a good time to put 

 in the cuttings is after the bedding 

 stock has vacated the cutting bench. 

 There is need of more shade and moist- 

 ure as the season advances. Given 

 these, propagation from now onward is 

 easy, even if fire heat is not used. 



Utilize the Coldframes. 



At this season the Memorial day 

 bench crops and bedding plants fill the 

 houses to overflowing and, as growth is 

 rapid, they require frequent spacing 

 apart. It is now that coldframes are 

 useful, and growers who have a liberal 

 supply of them are to be congratulated, 

 as they arethe ideal place for growing 

 and gradually hardening off ail- bedding 

 plants. Bedding stock, such as gera- 

 niums, coleus, verbenas, heliotropes, 

 ageratums, etc., all grows vastly better 

 in these frames than in greenhouses, and 



the plants do particularly well if partly 

 plunged, a lessened water supply then 

 sufficing. Remove the sashes entirely 

 during hot days and gradually increase 

 the ventilation at night. Plants hard- 

 ened in coldframes are better adapted 

 for bedding out than those taken di- 

 rectly from greenhouses. 



Peonies. 



Peonies now are making rapid growth, 

 thanks to the warmer weather and 

 abundant moisture in the ground. The 

 plants will be much benefited and the 

 flowers improved in size if a dressing 

 of nitrate of soda, dried blood or some 

 other quick-acting fertilizer is worked 

 in about the roots. Keep the surface 

 soil constantly stirred and, as soon as 

 the buds can be handled, remove all but 

 the central one. If, however, medium 

 flowers, which will come in season a 

 little later, are wanted, remove the_.cen- 

 tral bud and leave two side buds. These 

 will not produce as fancy flowers as the 

 main bud, but will have the advantage 

 of coming into flower a full week later, 

 which is sometimes quite important. 



Dahlias. 



It is never safe to plant out dahlias 

 with young shoots until danger from 

 frost has gone, but divided roots which 

 are dormant or just starting into growth 

 should be planted at once. The ground 

 for dahlias should be thoroughly 

 harrowed and pulverized, but heavy ma- 

 nuring is not necessary. In fact, I have 



