74 



The Florists' Review 



April 30, 1014. 



The death of J. M. Vandervort, of J. 

 M. Vandervort & Son, proprietors of the 

 New Antioch Nurseries, at New Antioch, 

 O., is recorded in this week's obituary 

 column. 



The county horticultural commissioner 

 announces that 62,000 fruit trees, mostly 

 Bartlett pears, have been planted in 

 Nevada county, California, this spring. 

 Large areas of timber land are being 

 cleared and planted in expectation of 

 making that section a commercial fruit 

 region. 



BIG NUBSEBY SEASON. 



Eeports to the traffic officials of the 

 Alton lines indicate that the C. & A. 

 E. E. has recently finished handling 

 one of the biggest nursery season's 

 business iu history. Bloomington and 

 Normal, in Illinois, and Louisiana, in 

 Missouri, arc all big shipping points for 

 nursery products by the C. & A. and 

 they have handled an enormous amount 

 of these products this year. 



Power of Begulation. 



To prevent the spread of tree dis- 

 eases, it has become an established 

 principle of law in this country that 

 the legislature of a state may adopt 

 any reasonable regulation which has a 

 legitimate tendency in that direction. 

 For example, in upholding the validity 



We have always found The 

 ReTiew a top notcher as to re- 

 ■ulta receiTod from wholesale 

 adTertisin^ of nnraery stock.— 

 Atlantic Nnraery Co.« per D. W. 

 Babcock, Hlgr., Berlin, Md.« 

 January 16, 1914. 



CAN SOME BEADEB ANSWEB? 



After much searching, a friend of 

 mine, who was formerly in the nursery 

 business, found an old recipe for de- 

 stroying vermin and parasites on fruit 

 and shade trees. He claims that this 

 recipe is especially recommended for 

 borers in peach trees, also for coating 

 horse-bitten trees and heavy wounds. 

 He does not remember whether this 

 formula was cooked, nor in what pro- 

 portions, except the nicotine, the chem- 

 icals were used. Can you give this in- 

 formation f 



The ingredients are as follows: 



Twenty per cent of forty per cent 

 nicotine. 

 . Arsenate of lead. 



Copper sulphate. 



Boiled linseed oil. 



Tar and distillate oils. 



What kind of distillate oils are used 

 in this formula? Is copper sulphate 

 also known as bluestonet [Yes. — Ed.] 



L. S., Jr. 



LAW AND THE NUBSEBYMAN. 



of a law providing for the inspection 

 of nurseries selling their .product in 

 South Dakota, the Supreme Court of 

 that state said, in the case of Ex-parte 

 Hawley, 115 Northwestern Eeporter 93: 



Beason for Begtilation. 



"It is a matter of common knowl- 

 edge of which the court may take judi- 

 cial notice that trees and other forms 

 of plant life are subject to destructive 

 communicable ^ diseases. Diseases in 

 plants have existed as long as plants 

 themselves — ages before the advent of 

 man. In the earliest historical records, 

 as well as in the early Greek and 

 Eoman times, some of the more destruc- 

 tive diseases of plants, such as rust 

 and mildew, or blight of cereals, were 

 widely known and discussed, and 

 though, formerly, unreliable theories 

 on the subject may have received more 

 or less general recognition, the recent 

 exhaustive researches of distinguished 

 specialists have placed the pathology 

 of plants on a foundation scarcely less 

 scientific and satisfactory than that oc- 

 cupied by the pathology of animals. 

 • * * This being so, the power to pre- 

 scribe regulations calculated to prevent 

 the spread of diseases among plants 

 cannot be less ample than the power to 

 prescribe regulations to prevent the 

 spread of diseases among domestic ani- 

 mals. • • * Therefore, the provision 

 of the statute under discussion, requir- 

 ing a certificate from a competent en- 

 tomologist, being manifestly intended 

 and calculated to prevent the sale and 

 distribution of diseased nursery stock, 

 applicable alike to resident and non- 

 resident dealers, and one which does 

 not go beyond the necessities of the 

 case or unreasonably burden the exer- 

 cise of privileges secured by the state 

 or federal constitutions, such provi- 

 sion conflicts with no principle of con- 

 stitutional law, and its validity must 

 be sustained." 



As sustaining this decision, the South 

 Dakota court cites the case of State 

 vs. Mann, 37 Atlantic Eeporter 80, 

 wherein the Connecticut Supreme Court 

 of Errors upheld a law requiring the 



destruction of peach trees found to be 

 affected with yellows. In the latter 

 case, the court said: 



An Exercise of Police Power. 



"Such & disease it was proper for 

 the general assembly, in the exercise 

 of its police power, to endeavor to sup- 

 press, even by the destruction of the 

 trees affected by it, if there was a rea- 

 sonable apprehension of substantial 

 danger from allowing them to live, to 

 those who might eat their fruit, or t6 

 other peach orchards. Unless the courts 

 can see that there could by no possi- 

 bility be such danger, the propriety of 

 such legislation as that now in question 

 is to be determined solely by the dis- 

 cretion of the legislative department. 

 The description of this disease given in 

 the standard works and government 

 publications, and the legislation in re- 

 gard to it to be found in the statute 

 books of Delaware, Maryland, Michi- 

 gan, New York, Pennsylvania, Virginia 

 and the Province of Ontario, are amply 

 sufficient to establish, as a matter of 

 judicial notice, the possibility, if not 

 the probability, that it is a contagious 

 disease. ' ' The court concludes that the 

 destruction of a tree affected by a dis- 

 ease of that character, without com- 

 pensation to the owner and against his 

 will, is as fully within the police power 

 of a state as the destruction of a house 

 threatened by a spreading conflagra- 

 tion, or of the clothes of a person who 

 has fallen a victim, to smallpox. It is 

 decided, however, that a finding on the 

 part of public authorities that a tree 

 is infected with a contagious disease is 

 not conclusive — that the owner can ex- 

 cuse non-compliance with an order that 

 he destroy a tree by showing that, in 

 fact, it is not infected. 



Speaking of the power to regulate 

 nurseries, the South Dakota Supreme 

 Court, in the case above cited, said: 



Unreasonable Interference. 



"The establishment of a nursery in- 

 volves labor rather than the expendi- 

 ture of money. Usually it is begun in 

 a small way by a man of moderate 

 means. One who has invested his toil 

 in the production of sound trees can- 

 not be denied the right to sell them 

 without being deprived of his property 

 without due process of law. » ♦ • The 

 legislature may regulate, but it may 

 not prohibit, the sale or introduction 

 into the state of any legitimate articles 

 of commerce. » • * Certainly it can- 

 not confer upon the board of agricul- 



NURSERY STOCK FOR FLORISTS' TRADE 



FRUIT TRBBS ORNAMENTAL TREES SHRUBS CLEMATIS SMALL FRUITS 



ROSES EVERGREENS 



W. & T. SMITH COMPANY, •atn. N. Y. •' 



Wrtta lor 

 Trada Ual. 



1000 AOBBI 



