ADODBT 2T, 1914. 



The Florists' Review 



69 



NEXT WEEK WE DIG 



PEONY ROOTS 



Early September planting gives best results. See list of recommended varieties 

 in last week's Review, or send your want list to us for quotation. 



Remember that the war in Europe makes it doubtful if imported stock gets in at 

 a 1 this year (it always is too late for best results). Avoid all uncertainties by 



using Peterson's guaranteed Peony roots. Order at once. Almost immediate shipment. 



Peterson Nursery, 



Stock Exchange BIdg., 

 CHICAGO 



Mention The Review when yon write. 



JACKSON & PERKINS CONTANY 



Wholesale Qrowers 

 for the Trade 



Trees u4 Plants of All Kinds 



Send for List 

 NEWARK. .'. .-. NEW YORK 



Mention Th» ItoTl»w when yon write. 



HILL'S EVERGREENS 



Beat for Orer H»lf a Oentary> Irs, Spruce, 

 Pines, Jtinlpera, ArborTltaes, Tewa, In small 

 •nd laive atxes. Price Ijist Now Ready. 



THK D. HILL NURSKRY CO^ 



Evergreen Specialists. Largest Growers in America 

 Box 40S. Diind««, IIL 



Mention The Review when yoo write. 



plaintiff proper certificates of inspec- 

 tion, for two reasons: 



"1. The inspector is a creature of 

 statute, and the measure of his author- 

 ity must be found in the statute. Sec- 

 tion 1924 makes it his duty {o attach 

 a certificate of inspection to each lot 

 or bill of trees, grafts, plants, scions, 

 etc., if the same be found free from 

 any and all diseases and pests, as 

 designated by the state board of horti- 

 culture. In this he has no discretion 

 to exercise. His duty is imperative. 

 The failure or refusal of plaintiff to 

 take out a license or provide a bond 

 furnished no excuse whatever for the 

 inspector's refusal to grant him proper 

 certificates of inspection. In other 

 words, the failure of plaintiff to obey 

 the law, if such it was, did not justify 

 the inspector in violating it. 



"-. But the inspector was in error 

 for the stronger reason: . The statute 

 abo\e, so far as it relates to a horti- 

 cultural license, is one of the curiosi- 

 ties of the law. Section 1935 forbids 

 anyone engaging in the business of 

 selliiig fruit trees or other nursery 

 ?toe;. in this state or importing them 

 "ito this state, even for his own use, 

 ^^^ to the extent of a siugle dollar's 

 Worth, without having first obtained 

 * li'-ense therefor and paid a $25 li- 

 cenf:.> fee; and yet the legislature neg- 

 leet< (1 to make any provision whatever 

 |or 'ssuing the license. However great 

 toe desire of this plaintiff may have 

 I'^eii to comply with the mandate of 

 that section, he could not have done so, 

 'of '10 one is authorized to provide the 



Genuine North Carolina Natural Peach Pits 



We are now booking orders for 1914 pits for Fall delivery. 

 If you are in the market kindly write us for prices and 

 samples.' The . stock you buy from us is guaranteed to 

 give satisfaction, and we guarantee to deliver what we 

 book you. 



J. K. MORRISON GROCERY & PRODUCE COMPANY 



STATESVILLE, N. C. 



M«-atiun Th> Beview when ya« write 



BOBBINK & ATKINS 



PALMS AND GENERAL DECORATIVE PLANTS 

 CONIFERS. SHADE AND ORNAMENTAL TREES 

 Ask for WhotoMi* Catalosu* INSPECTION INVITED 



Nurserymen and Florists Rutherferd, New Jersey 



W^ nrt^ In n Pn^ifinn ^ qaote prices on specimen bvercreeas 

 we are in a fUMUUn th»t wm be decidedly »ttr»otiTe to any- 

 one who is BUYING TO SELL AQAIN. If you are in the market for anythinc 

 from Norway Spruce to the finer yarieties of Byergreens, send in jonr lists and we 

 wiU give you a figure that will make yon money. 



iNTiKMnoNiu. NURSERIES, inc..'»*'*yja:jritrT^:;»22^ 



license, to sign it, or to issue it. No 

 one has authority to accept the $25 

 fee, and there is not even a suggestion 

 as to what disposition is to be made 

 of the fee if collected. It is perfectly 

 apparent that it was not the legisla- 

 tive intention to control this matter by 

 the general license statute, for that 

 statute deals only with the classes of 

 licenses enumerated therein, and the 

 horticulture license is not one of them. 

 • * • Since there is not any provi- 

 sion of law under which the plaintiff 

 could have procured a license, to re- 

 quire him to have one as a condition 

 precedent to his right to have proper 

 certificates of inspection is tantamount 

 to denying him the right to do business 

 in this state altogether, even though 

 his stock meets all the requirements 

 imposed by law or the regulations of 

 the state board of horticulture." 

 Speaking of the clause of the law 



BOXWOOD, PYRAMIDAL 



Final cUan-up at raducad pricaa. 



2*«-rt $1.50 each 



3-'t 2.00 each 



Perfect stock. 



r. 0. FRANZEN. S319 No. CItrk St. CHlCASa 



which requires an applicant for a li- 

 cense to file with the state horticultur- 

 ist a bond in the sum of $1,000 to con- 

 form to the laws of the state, the Su- 

 preme Court said: 



"If the bond mentioned in section 

 1936 was required as an independent 

 act, serious question as to the suffi- 

 ciency and validity of the statute gov- 

 erning it might arise, but apparently 

 it is exacted only as one step in the 

 process of procuring a license and 

 must stand or fall with the license. ' ' 



B. 



