M 



The Florists' Review 



Mat 21, 1914. 



The United States Nursery Co., Eose- 

 acres, Miss., has a pink sport of Climb- 

 ing American Beauty. 



Articles of incorporation have been 

 filed by the Cherokee Nursery Co., of 

 Cherokee, Ky., with a capital stock of 

 $50,000. The incorporators are Edward 

 Wilder, Charles E. Gould and Charles 

 P. O'Brien. 



The recent strong winds at Chico, Cal., 

 damaged young stock of the Chico Nur- 

 sery Co. to the extent of over $4,QP0. 

 The young buds had made a remarkable 

 growth and thousands went down before 

 the high wind, 



Shrubbery and fruit trees, for that 

 part of Iowa and for the neighboring 

 part of South Dakota,, have been the 

 heavy lines in the spring business of the 

 Algona Nursery, at Algona, la., which 

 is owned by J. W, Curtis, of Cresco town- 

 ship. 



The city of Springfield, Mass., expects 

 to develop what will be the finest rose 

 garden in the country, using as a basis 

 on which to start 1,000 bushes presented 

 the municipality by the J. W. Adams Co. 

 The park department has set aside two 

 acres for this first lot. 



Bulletin No. 128, just issued by the 

 agricultural experiment station at Penn- 

 sylvania, State College, treats of ' ' The 

 Apple in Pennsylvania: Varieties, Plant- 

 ing and General Care," and is the work 

 of John P. Stewart. Work in the or- 

 chard, as it should be done in the st^te 

 of Pennsylvania, is discussed "fully and 

 well. 



Ornamental shrubs and palms from 

 the Eoyal Poinciana Nursery, at St. Pet- 

 ersburg, Fla., will line West Central 

 avenue, from Thirty-fourth to Thirty- 

 sixth street, the length of the concern's 

 grounds. Slat houses are to be erected 

 shortly, and orders wiir'be filled this 

 fall; the stock which the nursery cannot 

 propagate in time will be secured from 

 other concerns. 



The forestry department of the state 

 of Kentucky is going into the nursery 

 business, and will furnish budded apple 

 trees to the people of the state at cost. 

 So great has been the demand for apple 

 trees in this state that the Kentucky 

 forestry commission decided a few days 

 ago that seed beds should be^ftblished 

 in the Louisville nursery and seeds pro- 

 cured by State Forester J. E. Barton 

 at once. The seedlings will be budded 

 and grafted to the proper varieties be- 

 fore shipment. 



We have always found The 

 Review ^i top noteher aa ^ re- 

 ■ulta received zrom wholesale 

 adTertiainff of nuraery atoek. — 

 Atlantic Nursery Go.« per D. W. 

 Babcoek, Myr., Berlin, Md*, 

 January 16, 1914. 



Nurserymen in general report the 

 largest sale of pe^epiials thus far re- 

 corded. The demand in this line appears 

 to increase every year. 



NON RESIDENT NUBSEBTMBN. 



Discrimination Against Them. 



The provisions of the United States 

 constitution whicn deprive a state of 

 power to interfere with interstate com- 

 merce, or to deny to citizens of other 

 states the privileges arid immunities ■ 

 enjoyed by the citizens of the partic 

 ular state, have been invoked in the . 

 courts to overthrow statutes restrict- 

 ing the right of non-residents of a 

 state to sell nursery stock there, where 

 the field is left open to residents. ; 



A Federal Court Decision., 



In a case which can be found re- 

 ported in full in volume 63 of the 

 Federal Reporter, the United States 

 Circuit Court for the District of Min- 

 nesota declared void a statute of that 

 state which attempted to require sell- 

 ers of nursery stock grown outside the 

 state to file an affidavit with the secre- 

 tary of state containing, among other 

 things, a statement (^ where the stock 

 to be sold was grown, and to give a 

 $2,000 bond to indemnify citizens 

 against fraudulent misrepresentations 

 made on the part of the seller as to 

 the place where the stock was grown 

 and as to its hardiness. The court 

 holds that this law unreasonably in- 

 terfered with interstate commerce and 

 unjustly discriminated against non-resi- 

 dents. Judge Sanborn decided that the 

 United States constitution gives to the 

 citizens of other states the right to in- 

 troduce and sell the products of those 

 states in Minnesota on the same terms 

 on which her own citizens sell like prod- 

 ucts of the state. He said, in part: 



"The Illinois tree, the Wisconsin 

 vine, the Iowa' shrub, that is sound, 

 and is of the same character as that 

 grown in the state of Minnesota, seek- 

 ing sale in that state, is entitled to be 

 sold by those who deal in it on the 

 same terms as, and with no greater re- 



strictions than, the like article pro-, 

 duced in the state of Minnesota." 



The Presumption of Honesty. 



Answering a claim, made in support 

 of the validity of the law, to the effect 

 that the bond attempted to be required 

 of non-residents was intended to pre- 

 vent dealers in foreign trees from per- 

 petrating fraud in their sale, and that 

 it was competent for the state to pro- 

 tect its c^lize.ns against ttfe fraudulent 

 representations,* Judge Sanborn said: 



"The answer is that when a state 

 unde^takos, by statutory regulation, to 

 deprive^ citizens of other states, who 

 deal in sound articles of commerce pro- 

 duced in other states, of that presump- 

 tion of honesty and innocence of wrong 

 which it indulges in fav<fr of the deal- 

 ers in its own products, and which the 

 law raises in tavor of every man, it 

 effectually deprives the citizens of 

 other states of the most valuable priv- 

 ileges and immunities its own citizens 

 enjoy. ' ' 



A New HampshlC^ Case. 



A statute enacted in'tfbw Hampshire, 

 prohibiting sale of nursery stock in 

 the state without first obtaining a 

 license, unless the stock should be 

 grown in the ^tate, but authorizing 

 residents of the state to sell stock 

 grown one year/, or more on lands or 

 in nurseries owned by them in the 

 state, on which taxes should have been 

 paid, was declared by the Supreme 

 Court of New Hampshire to have been 

 void, as amounting to an unconstitu- 

 tional discrimination against non-resi- 

 dents. (State vs. Lancaster, 63 N. H. 

 267.) 



South Dakota Legislation. 



A law enacted by the South Dakota 

 legislature a few years ago was up- 

 held so far as it required payment of 

 a $10 fee for a permit to sell nursery 

 stock in the state, based on an inspec- 

 tion of the applicant's nursery by a 

 competent entomologist. But the act 

 was dei^lared, to be void so far as it 

 purported' 'to vest power in the state 

 board of agriculture to arbitrarily re- 

 fuse to grant a permit to an applicant, 

 both as amounting to an unwarranted 

 interference with interstate commerce 

 and as amounting to a deprivation of 

 liberty and property without due proc- 

 ess of law. A further provision, re- 

 quiring non-resident nursery salesmen 

 to carry duplicate permits issued by 

 tne state board of agriculture, was also 

 declared to be void, as being unjustly 



FRUIT TREES 



NURSERY STOCK FOR FLORISTS' TRADE 



ORNAMENTAL TREES SHRUBS CLEMATIS SMALL FRUITS 



ROSES EVERGREENS 



W. & T. SMITH eoHlFANY, «f«n. N. Y. " 



Witteiav 

 natfeUal. 



IMO AcnuM 



