72 THE SAN JOSE SCALE. 
interest in this regard and the earnestness of their efforts to remedy 
the evil already done. We suggest the following form of certificate or 
guaranty for the consideration of nurserymen and purchasers: 
We hereby guarantee the nursery stock sent out herewith to have been at no time 
infested with the San Jose scale, to be free from other injurious insects, and to be in 
vigorous, healthy condition. 
We further agree, in case any or all of said stock be found within one year from 
date of delivery to be infested with the San Jose scale, to replace the same with 
sound stock without cost to the purchaser. 
The fixing of the responsibility on the nurserymen may perhaps be 
best secured by State legislation, but if all the facts are disseminated 
and the public fully informed of the action taken by various nurs- 
eries the loss of trade resulting from the neglect of proper precautions 
will, as pointed out by Professor Fernald, be of itself a most powerful 
incentive to such precaution. 
The responsibility of the nurseryman should extend not only to his 
own stock, but to all stock which he handles in fulfilling his contracts 
or those of his agents. ■ It is a common practice among nurserymen to 
send out agents, who contract for the supply of particular varieties of 
trees, and if the firms they represent are unable to fill these contracts 
the trees are secured from any other available source. As a result of 
this practice reports have come to us of infested material as from a 
particular nursery, but when an examination of this nursery was made 
it was found that no infested stock of that particular kind was grown 
there, the infested material having been secured from some other nurs- 
ery to fill contracts. In a case of this kind the nursery through which 
the sale was made should undoubtedly be held responsible for the 
introduction of the scale in his relation with the last purchaser. 1 
LEGISLATION. 
The necessity for appropriate State legislation to enforce insecticide 
work and to provide for the inspection and quarantining of infested 
trees or other nursery stock on which the insect may be introduced has 
already been suggested as a possible aid to the control of the San Jose 
scale, particularly as facilitating the stamping out of the insect in the 
East and preventing its spread to new localities. The subject of insect 
legislation has been brought more strongly than ever to the attention 
of agriculturists and horticulturists in the East by the outbreak of the 
San Jose scale, and in two States (New York and New Jersey) recent 
steps have been taken to secure the passage of such laws, and we are 
informed (January 13, 189G) by Commissioner Thomas Whitehead that 
1 While this bulletin is going through the press we have received the Annual Report 
of the American Association of Nurserymen for 1895, and are pleased to see that the 
leading nurserymen of this country take a broad and sensible view of the San Jose 
scale question. By a unanimous vote they approved and commended the full state- 
ment of the facts concerning infested nurseries presented to the association by Prof. 
F. M. Webster, and published the information entire. 
