784 
THE RURAL NEW-YORKER 
November 19 
they are to be confined all the time to this pen, but I 
judge not. I would not advise cutting the space, 
11x40 feet, into small pens, for I do not think the ad¬ 
vantages gained would compensate for the trouble, 
especially as the pens would all be under one roof. I 
would divide the space m this way: Cut off at one 
end, by a movable p.rtition, a pen large enough for a 
sleeping-room for the pigs at their present size, that 
is, give each pig floor space to lie comfortably. With 
more than this, they will be disposed to pile up. As 
they grow, increase the size of the sleeping-room. 
Keep the wind from blowing on them. Have an earth 
floor, or the plank floor close to the ground, bed well 
with straw, and they will lie evenly over the floor. 
If they could have the run of an alley for a short dis¬ 
tance from the sleeping to the feeding pen, they 
would, doubtless, soon leave all their voidings in this 
alley, which would add much to the cleanliness of the 
sleeping and feeding pens. 
If possible, give them an outside lot for exercise. 
If they can pass through this, from one pen to the 
other, they will leave their voidings in the lot. I 
think the sleeping-room, at present, need not be larger 
than 8x11 feet; this may be too large, as I am but 
guessing at it. 1 would not like to undertake to grow 
so many pigs on such a small space, if they must be 
confined to it all the time. I could hardly sleep com¬ 
fortably for fear of disaster that I feel certain would, 
sooner or later, come to them. john m. .tamison. 
Ohio. 
A BLACK COAT ON A COW. 
DOES IT MEAN A HOTTER COW ? 
Does a black animal feel the extreme heat of Summer more 
than a lighter-colored one ? This question is asked by one of our 
readers, who says he has noticed that the single black cow in his 
herd seems to suffer more from heat and flies than any of the 
others. 
Dr. James Law Says “ No ”, 
I don't think that the black animal suffers more 
from heat than the white. The white skin is more 
subject to inflammation and eruptions in the hot 
weather than is the black one. If a horse has one 
white pastern and three colored ones, the white one 
is more liable to disease than the others. Certain Sum¬ 
mer eruptions attack the white face of one horse, and 
spare those that have black or colored faces. The 
eruption caused by buckwheat in Summer is worst on 
white swine, or confined to them. Then again, Na¬ 
ture provides a white coat for animals in the Arctic 
regions (polar bear, fox, hare, etc.), and colored cov¬ 
erings for those of hot countries. The same is the 
case with human beings, and other things being 
equal, the colored man can stand the heat of the sun 
better than the white man. Broadly, one may ac¬ 
cept the fact of this selection and survival of the col¬ 
ored races in the tropical zone to the exclusion of the 
white, as showing that the color is, on the whole, at 
least not injurious to the denizen of warm countries. 
Cornell University. james law. 
An Opinion from Georgia. 
According to my observation, there is no appreci¬ 
able diffei'ence between the feeling of heat experi¬ 
enced by a black animal and that experienced by a 
lighter-colored one. The opinion prevails to some 
extent among practical men that there is a difference, 
but I do not find that it is based upon careful obser¬ 
vation of a large number of animals. It is certainly 
not so according to my observation. From a scientific 
standpoint, I see no ground for the opinion that a 
black animal feels the heat more than a lighter-colored 
one. It is a scientific fact that the character of the 
surface of an object as to its color, smoothness, etc., 
that promotes absorption of heat, also promotes the 
radiation of heat in exactly the same proportion. To 
illustrate: A black hat or black coat will absorb the rays 
of heat from the sun more readily and rapidly than will 
a white hat or a white coat; but at the same time, a 
black hat or a black coat will radiate heat more readily 
than a white object of the same character. It is a com¬ 
mon opinion that white garments are cooler in the sun¬ 
shine than black ones, and per contra that black ones 
are cooler in the shade than white ones. According 
to my experience, there is no difference. A black coat 
receives heat more readily from the sun or from any 
other source of heat, but at the same time it radiates 
it with equal, or corresponding, readiness. 
Georgia Experiment Station. r. j. redding. 
Dr. F. L. KUborne Discusses It. 
Black or dark-colored surfaces absorb heat much 
more readily than white or light-colored surfaces. On 
the other hand, a black surface is a better radiator of 
heat than a white surface. Other conditions being 
equal, a black cow would, undoubtedly, suffer more 
from the extreme heat of Summer when exposed to 
the sun, than a white cow ; but in the shade or after 
sunset, the black cow would be able to part with her 
surplus heat by radiation more readily than the white 
cow. Practically, however, there is more difference 
between animals of the same color, due to individual 
susceptibility, as regards their suffering from the heat, 
than there is between animals of different colors, but 
equal in other respects You will often see a white, 
sensitive-skinned animal suffer more from exposure 
to the heat of the sun, than a black animal with a 
more insensible skin. The black color is compensated 
for by the fact that the white cow usually possesses a 
more sensitive, tender skin than the black animal. 
Taking it all in all, I have failed to observe that any 
special advantage is possessed by either white or black 
cattle as regards their suffering from the heat. In 
the case of the single black cow of your correspondent, 
it is my opinion that more is due to her individual 
susceptibility to the heat than to her color. 
New York. _ f. l. kilborne. 
PROTECTION FOR NEW VARIETIES. 
A BILL THAT SHOULD BE PASSED. 
The Department of Agriculture has no authority to 
grant copyrights of any kind. Representations to 
that effect are manifestly fraudulent. But aside from 
this, there are means b} T which plant originators and 
introducers may gain some measure of protection un¬ 
der existing laws. 
Varietal Copyrights. —There seems to be a wide¬ 
spread misapprehension among nurserymen and fruit 
growers as to what a copyright really is and to what 
it can be applied. The issue of copyrights is dele¬ 
gated by statute to the Librarian of Congress, and 
articles subject to copyright are enumerated in the 
following section (Revised Statutes, Sec. 4952, as 
amended to March 3, 1897; see Bui. 1, Lib. of Con¬ 
gress, p. 4): 
Sec. 4952. Tlie author, inventor, designer, or proprietor of any 
book, map, chart, dramatic or musical composition, engraving, 
cut, print, or photograph or negative thereof, or of a painting, 
drawing, chromo, statue, statuary, and of models or designs 
intended to be perfected as works of the fine arts, and the execu¬ 
tors, administrators, or assigns of any such person shall, upon 
complying with the provisions of this chapter, have the sole lib¬ 
erty of printing, reprinting, publishing, completing, copying, 
executing, finishing and vending the same; and, in the case of a 
dramatic composition, of publicly performing or representing it, 
or causing it to be performed or represented by others * * * 
It is evident, from a reading of this section, that there 
is no authority for copyrighting a variety or the mere 
name of a variety. Cuts, prints, engravings, photo¬ 
graphs, lithographs, etc., of varieties are subject to 
copyright, as are printed descriptions, or the cir¬ 
culars, catalogues or books containing them. Noth¬ 
ing in the nature of “prints or labels designed to be 
used for any other articles of manufacture ” is sub¬ 
ject to copyright, however, the registration of such 
prints or labels being expressly delegated to the 
Commissioner of Patents, The only respect, there¬ 
fore, in which the copyright can be considered to pro¬ 
tect an introducer, is in the use of the particular 
illustrations and descriptive matter which he may 
copyright and publish concerning the variety. It is 
further provided (Sec. 4963) that any one who inserts a 
copyright notice or words of the same purport “ upon 
any book, map, chart, * * * or other article, 
whether such article be subject to copyright or other¬ 
wise, for which he has not obtained a copyright * * * 
shall be liable to a penalty of $100, recoverable one- 
half for the person who shall sue for such penalty, 
and one-half to the use of the United States.” 
It, therefore, seems evident that there is no pro¬ 
vision of the copyright law under which the propaga¬ 
tion or sale of a variety can be restricted, or the use of 
its name by the general public be prevented. 
Varietal Trade-marks. —Since the enactment in 
1881 of the law which authorized the registration and 
protection of trade-marks, a number of nurserymen 
have sought such protection as it afforded. This they 
have secured by registering, as a trade mark, the 
varietal name or some picture or device, of which the 
name is usually a component part, either printed in 
plain letters or stated in the form of a rebus, as was 
done for the Wonderful peach. Considered from a 
purely technical standpoint, there is, apparently, no 
doubt that a trade-mark properly registered is as 
applicable to a plant variety as to any other com¬ 
modity offered for sale. If the trade-mark consists 
simply of the varietal name, the owner of it, un¬ 
doubtedly, has as good a right under the statute to 
the sole use of that name when applied to trees, 
cuttings, scions, etc., of that particular variety in 
commerce, as any manufacturer has to his trade-mark 
name. But so far as restricting the purchaser from 
propagating the variety is concerned, the trade-mark 
is absolutely ineffective. There seems to be nothing 
to prevent him from propagating the variety at pleas¬ 
ure for his own use, or for sale, under any other name 
than that registered, unless he expressly gives up 
this right by signing an agreement to that effect. 
This is the weak point of the present trade-mark 
law so far as the originator and the introducer are 
concerned. Various plans for strengthening the law 
have been suggested, at different times. One of the 
simplest and, apparently, most practical of these was 
that proposed by the late Judge A. J. Coe, of Meriden, 
Conn. It was embodied in the following bill intro¬ 
duced in the Senate December 30, 1895, by Senator 
Platt, of Connecticut, and referred to the Committee 
on Patents. 
A bill amending’ chapter two of the Revised Statutes relating 
to trade-marks. 
lie it enacted by the Senate and Home of Representatives of the 
United States of America in Congress assembled. That any person 
wh , by planting or causing to be p'anted seeds of any tree or 
plant, or by other means, has originated or produced or shall 
hereafter originate or produce anj> new variety, shall himself or 
his heirs or assigns, or any purchaser or purchasers of the ex¬ 
clusive title, have the right to name such variety and to register 
such name in the manner provided for the registration of trade¬ 
marks. And the provisions of all statutes for the protection of 
trade-marks shall be extended to include the protection of such 
ame so registered. And it shall be unlawful for any person to 
sell or disseminate said vari ty under another name, represent¬ 
ing it to be the variety so namfed and registered. 
To be entitled to registry, such name shall consist of the generic 
name and a distinguishing word prefixed. 
The provisions of this act shall, in case of varieties already 
produced, apply only to such varieties or products as shall be at 
the time it takes effect still exclusively in the hands of such 
originators or their representatives or of purchasers of the ex¬ 
clusive right thereto. 
In an interview with the writer, Judge Coe, not long 
before his death, expressed the belief that the pro¬ 
visions of this bill were sufficiently comprehensive, if 
enacted into law, to afford sufficient legal protection 
to plant originators and introducers, and that its 
enactment would enable them to secure a fair pro¬ 
portion of the profits resulting from their labors. 
While petty theft and evasion would, no doubt, con¬ 
tinue, he believed that, under such a law, plant 
originators would have legal standing in court which 
would enable them to defend their property rights in 
new varieties, and to prevent open and flagrant usur¬ 
pation of them by responsible persons and firms. 
Washington, D. C. wm. A. taylor 
DWARF RAPE AND CANADA THISTLES. 
The idea that the Dwarf Essex rape plant, as such, 
is in any special way destructive to the Canaua thistle, 
is not correct. It may be made so by taking advan¬ 
tage of the late season at which it may be planted, 
yet produce a full crop. Although rape may be sown 
all across the northern States, from the opening of 
Spring until July, it is more common to sow it rather 
late in June than at any other season. Because of 
this, a farmer who commences early enough the pre¬ 
vious Autumn, may have the thistles well under con¬ 
trol before he sows the rape. 
One of the best modes of doing this is to plow the 
ground shallow and with much care late in August, 
after the grain crop has been reaped. Shallow plow¬ 
ing is best, since it cuts off the stems of the thistles 
without bringing up the root-stocks which contain 
latent buds. If these are broken with the plow, the 
buds will gr?w and form fresh plants. Don’t let the 
thistles breathe above ground after that until the 
rape is planted the following June, and the thistles 
will be pretty well destroyed. Then plant the rape in 
drills or rows, and give the ground the most careful 
cultivation until the rape is so high that it cannot be 
cultivated. If any stray thistles appear in the line 
of the row, be careful to cut them off with the spud 
below the surface. The work of extermination will 
be virtually complete if it has been properly done. 
I have, in several instances, routed thistles by a 
method which, at the same time, brought some pas¬ 
ture. I have plowed thistly ground thus, sown it 
with rye and pastured the rye Fall and Spring. The 
rye has then been followed by rape. The ground for 
the rape would be plowed late in May, then worked 
on the surface until late in June, and the rape was 
then sown in rows. A little spudding was found neces¬ 
sary on the line of the rows, but the work of destruc¬ 
tion with the thistles was so nearly complete that the 
aid of the spud the following year on the green crop 
ended the fight until fresh seeds blew on the land. 
I have grown rape broadcast many, many times. In 
fact, that is the way we nearly always grow it here 
on the generous soils of the prairie ; but I never found 
it to hinder the growth of thistles when thus grown, 
unless in a very few instances, when it grew exceed¬ 
ingly rank. When rape is thus grown, it is the care 
bestowed in handling the ground before the rape is 
sown that will bring destruction to the thistles, and 
not the simple growing of the rape. 
Minnesota. [prof.] thos. shaw. 
“Kansan” Cattle.— The Kansan breed of cattle 
recently pictured in The R. N.-Y., won a gold medal 
and a special commendation at the Omaha Exhibition. 
As our readers will remember, this so-called new 
breed resulted from a cross between Short-horn and 
Hereford cattle. It retains the white face of the 
Hereford, with more or less of the shape and milking 
habits of the Short-horn, thus making it a very de¬ 
sirable animal. Only five generations have thus far 
been bred, and it will not be considered a distinct 
breed as yet, as seven generations will be required 
for that. It gives promise, however, of becoming a 
very valuable acquisition 
