74 



The Florists' Review 



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NEWS OF THE NURSERY TRADE 



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C. Moll, a nurseryman from Bombay. 

 India, has purchased two and one-half 

 acres on Ninth street, North Sacramento, 

 Oal., on which he will establish a nursery 

 for rSre plants and shrubbery. He has 

 brought with hun many seeds and cut- 

 tings of plants of southern Asia, which 

 he will attempt to grow in this country. 



MiNNEsqTA nurserymen had an ex- 

 tremely short season for planting a large 

 ■quantity of stock this spring. The sud- 

 den change, in one day, from winter to 

 summer weather, which took place in the 

 latter part of May, was followed by 

 heavy rains, causing a sudden, rapid 

 growth in plants of all kinds. Much 

 stock, it is predicted, will suffer severely 

 next spring unless well matured before 

 killing frosts come. 



An obituary notice in The Eeview of 

 April 16 was the means by which Oliver 

 Brown, who hss a good landscape gar- 

 dening business at Duluth, Minn., learned 

 the address of his brother, of whom he 

 had not heard for twenty years. Ed- 

 ward James Brown, who died at East 

 Bridgewater, Mass., April 2, came to this 

 •country when a young man and estab- 

 lished a large vegetable business, but 

 was lost track of by his brother till he 

 read his death notice. 



THE CI.EVELAND CONVENTION. 



[For a full report of the opening days of the 

 jiunual meeting of the A. A. N., committee re- 

 ports, papers read, and discussions, see last 

 week's Issue of The Review.] 



Officers Elected. 



At its thirty-ninth annual convention 

 at Cleveland last week Detroit was se- 

 lected as the place for the fortieth con- 

 vention, to be held the fourth week in 

 June, 1915. Officers were elected as 

 follows: 



President — H. B. Chase, of Chase, 

 Ala. 



Vice-president — E. S. Welch, of Shen- 

 andoah, la. 



Treasurer — ^Peter Youngers, of Gen- 

 eva, Neb., reelected. 



Secretary — John Hall, of Eochester, 

 N. Y., reelected. Mr. Hall undertook 

 to resign, but was not permitted to do 

 80. His plea was that he had not the 

 time for the work and it was decided 

 to provide funds for the employment of 

 an assistant until such time as the ex- 

 ecutive board selects a man to give his 

 entire time to the work of the associa- 

 tion as a permanent salaried secretary. 



BETAILEBS' PEOTECTIVE. 



The affairs of the American Retail 

 Nw^erymen 's Protective Association 

 rdn along so smoothly and satisfactor- 

 ily that the annual meetings are little 

 lovQjEeasts and always result in the re- 

 election of the officers who have served 

 so acceptably for some years. The pur- 

 pose of the organization is to guard its 

 members against irresponsible and un- 

 reliable people, and the membership is 

 fairly constant, as it embraces nearly 

 all the firms in the trade that deal with 

 the public otherwise than locally, either 

 directly or through agents. The officers, 



You majr diacontinu* our adver- 

 tisemont, ac we are through with our 

 spring shipments, but we will give 

 you another order for fall, as THE 

 RESULTS from the one for spring 

 HAVE BEEN VERY SATISFAC- 

 TORY. — Franklin Davis Nursery Co., 

 Baltimore, Md.. May 19. 1914. 



who were reelected again at the Cleve- 

 land meeting June 24, are: 



President — H. W. Marshall, Arling- 

 ton, Neb. 



Vice-president — B. J. Greening, Mon- 

 roe, Mich. 



Secretary-treasurer — Guy A. Bryant, 

 Princeton, HI. 



The association meets annually dur- 

 ing the A. A. N. convention, and the 



Henry B. Chaie. 



(President American AsHorlatlon of Nurserymen.) 



next meeting is called for Detroit, on 

 the fourth Wednesday in June in 1915. 



THE LAW IN NEW YOBE. 



[An extract from the report of the committee 

 on legislation east of the Mississippi river, pre- 

 sented at the Cleveland convention of th« Ameri- 

 can Association of Nurserymen, June 24, by the 

 chairman, William Pitkin, of Rochester, N. Y.J 



In our report of June, 1913, refer- 

 ence was made to a bill introduced in 

 the New York legislature during the 

 previous winter, but which failed of 

 passage. It was again introduced in 

 the legislature during the session of 

 1913-14 and was handled by the legis- 

 lative committee of the New York 

 State Nurserymen's Association, with 

 the cooperation of this committee. The 

 bill was introduced and urged by the 

 representatives of the fruit-growing in- 

 terests, W9ith whom the nurserymen's 

 committee had numerous conferences, 

 resulting in'ilt^ Ariiiilitimi of a bill 

 containing no exceedingly serious pro- 

 visions and applying only to the New 

 York state nurserymen. 



The law as passed is an amendm* ;it 

 to the existing agricultural law aid 

 applies to the grower, wholesaler and 

 retailer. It provides, in substance, tl it 

 a certificate of inspection shall be ;it- 

 tached to each bundle or package, a 'id 

 that a label specifying the name of 

 variety shall be attached to each bunile 

 or package, and in case such bundle or 

 package shall contain trees of differc nt 

 varieties, there must be attached to 

 each tree therein a like label. 



Provision for Civil Action. 



It provides that any purchaser of 

 fruit-bearing trees who thinks that h« 

 has been damaged because the trees have 

 not proved true to name as labeled may 

 have a remedy in a civil action, and 

 that such action may be brought at any 

 time prior to the third bearing year; 

 but, on the other hand, it provides that 

 the purchas'er must notify the nursery- 

 man as soon as he has reason to believe 

 that the trees are not true to name, 

 even though the point may not then be 

 definitely determined, so that if there 

 is any suspicion that the trees are un- 

 true to name, the nurseryman may have 

 an equal opportunity with the pur- 

 chaser for observation and investiga- 

 tion. If such notice is not promptly 

 given to the nurseryman, the purchaser 

 would have no remedy in court. 



It provides further that in any action 

 to recover damages "the seller shall 

 have the burden of proof in establish 

 ing that any contract not in writing, 

 or any provision of any such contract, 

 exempting the seller from liability or 

 limiting his liability, was fully under- 

 stood and agreed to by the purchaser;'' 

 and further, that this clause must be 

 printed on all contract blanks and a 

 copy of the contract left with the pur- 

 chaser. The intent of this section is to 

 provide that when, as is frequently the 

 case, the nurseryman proposes to limit 

 his liability, the contract should be 

 plainly expressed in writing, and when 

 so expressed should be conclusive, but 

 should there be no written or printed 

 contract, then the burden of proving 

 that the purchaser fully understood the 

 limited liability feature of the agree- 

 ment lies with the seller. Under this 

 law the safer plan for both the nursery- 

 man and purchaser is to have a written 

 or printed contract covering the terms 

 of the transactions. 



Protection for Nurseryman. 



The law further provides that the 

 nurseryman must accompany the >hip- 

 ment of the trees with an itemize^' lis' 

 of the same, and if requested by 1 -tter 

 or in writing on the contract by the 

 purchaser at the time of purchase, the 

 nurseryman must show on this itemized 

 list the name of the county and -tate 

 where the trees covered by it wC 

 jjrown and the age of the trees sua" t^* 

 name and address of the person for 

 whom the trees were grown. 



It is further provided that witlii'' 

 five days after the receipt of the tree' 

 and list by the purchaser he shall com' 

 pare and notify the nurser: ma" 

 promptly of any discrepancy between 



