26 a 
THE RURA.I* NEW-YORKER 
THE COMMISSION HOUSE BILL. 
We give below the text of the bill 
now before the New York Legislature 
to regulate and control the sale of 
farm produce on commission. This bill 
is No. 377 in the New York Senate. 
§ 2S2. Definitions. As used in this ar¬ 
ticle. 
1. The term “commission merchant” shall 
include every person, firm, association and 
corporation licensed under this article to 
receive, sell or offer for sale on commission 
within this State any kind of farm produce. 
2. The term “farm produce” shall include 
all agricultural, horticultural, vegetable and 
fruit products of the soil, and meats, poul¬ 
try, eggs, dairy products, nuts and honey, 
but shall not include timber products. 
§ 283. Sale of farm produce on commis¬ 
sion ; license therefor. On and after July 
first, nineteen hundred and thirteen, no per¬ 
son, firm, association or corporation, shall 
receive, sell or offer for sale on commission 
within this State any kind of farm produce, 
without a license as provided in this arti¬ 
cle. Every person, firm, association and 
corporation in this State receiving farm 
produce for sale on commission shall, an¬ 
nually on or before .Tune first, file an appli¬ 
cation with the commissioner of agriculture 
for a license to do a commission business 
in farm produce. Such application shall 
state the kind or kinds of produce which 
the applicant proposes to handle, the full 
name of the person or corporation applying 
for such license and if the applicant be a 
firm or association, the full name of each 
member of the firm or association, the city, 
town or village and street number at which 
the business is to be conducted, and such 
other facts as the commissioner of agricul¬ 
ture shall prescribe. Such applicant shall 
further satisfy the commissioner of agri¬ 
culture of his or its character, responsibility 
and good faith in seeking to carry on a 
commission business. The commissioner of 
agriculture shall thereupon issue to such 
applicant, on payment of ten dollars and 
the execution and delivery of a bond as 
hereinafter provided, a license entitling the 
applicant to conduct the business of receiv¬ 
ing and selling farm produce on commission 
at the place named in the application until 
the first day of July next following. Such 
license shall not be issued, however, to any 
applicant if during the preceding year ii 
complaint from any consignor of farm pro¬ 
duce for sale on commission shall have been 
filed with the commissioner of agriculture 
against such applicant for any of the 
grounds specified in section two hundred 
and eighty-seven hereof; and such com¬ 
plaint shall have been established as true 
and just to the satisfaction of the commis¬ 
sioner of agriculture after sueh complaint 
shall have been investigated by the commis¬ 
sioner in the manner provided by section 
two hundred and eighty-six of this article. 
§ 284. Bond. Before any such license 
shall be issued every such applicant shall 
execute aud deliver to the commissioner of 
agriculture a bond with satisfactory sureties 
in the sum of ten thousand dollars to secure 
the payment of all sums due and owing 
to persons consigning farm produce to sueh 
applicant for sale or distribution on com¬ 
mission. Any consignor of farm produce 
or the commissioner of agriculture may 
bring an action upon such bond in any 
court of competent jurisdiction for the re¬ 
covery of any sum due such consignor by 
such commission merchant which shall have 
been due, owing aud unpaid for a period 
of thirty days. 
§ 285. When claimant entitled to rat¬ 
able distribution. If the aggregate amount 
of the liability which might be recovered 
by actions upon the bond as prescribed in 
this article, exceed the sum to which the 
sureties are liable, the court must, upon 
the application of any plaintiff in such 
action, made upon notice to the plaintiff’s 
attorney in each action then pending upon 
sueh bond, and in each uncollected judgment 
recovered thereupon, direct aud provided for 
the distribution of the money, collected out 
of the property of the sureties, among the 
persons in favor of whom the liabilities 
have accrued, in proportion to the amount 
which each one is entitled to recover, to 
be ascertained by a reference, or in such 
manner as the court directs. For the pur¬ 
poses of the motion an order may be made 
by a judge forbidding the payment to the 
plaintiff in any action of the sum collected 
or to be collected by virtue of a judgment 
therein. But this section does not author¬ 
ize the court to compel a plaintiff to re¬ 
fund money, collected and received by him 
in good faith, before service of notice of 
such an order. 
§ 2SG. Power of commissioner to inves¬ 
tigate. The commissioner and his assist¬ 
ants shall have power to investigate, upon 
the complaint of an interested person, or 
of his own motion, the record of any per¬ 
son, firm or corporation applying for a 
license, or any transaction involving the 
solicitation, receipt, transportation, sale or 
attempted sale of farm produce on a com¬ 
mission basis, including the making of 
charges in selling, carting, or other serv¬ 
ices, the failure to make proper aud true 
accounts and settlements at prompt and 
regular intervals, the making of false state¬ 
ments as to condition, quality or quantity 
of goods received or while in storage, the 
making of false statements as to market 
conditions, or the failure to make payment 
for goods received or other alleged injuri¬ 
ous transactions; and for such purjKtse may 
examine the ledgers, books of account, mem¬ 
oranda or other documents of any commis¬ 
sion merchant and may take testimony 
therein under oath ; but information relat¬ 
ing to the general business of any such 
person contained in such investigation and 
not relating to the immediate purpose there¬ 
of shall be deemed of a confidential nature 
by the commissioner, his assistants and 
employees. When a complaint is filed with 
the commissioner, he shall attempt to se¬ 
cure an explanation or adjustment, failing 
this within ten days he shall cause a copy 
thereof together with a notice of a time 
and place for a hearing on such complaint, 
to be served personally, or by mail, upon 
such commission merchants. If served by 
mail sueh complaint and notice shall be 
directed to sueh commission merchant at 
his place of business and the postage pre¬ 
paid thereon. Such service shall be made 
at least seven days before the hearing. At 
the time and place appointed for sueh 
hearing, the commissioner or his assistants 
shall hear the parties to such complaint, 
shall have power to administer an oath, 
and shall enter in the office of the commis¬ 
sioner of agriculture a decision either dis¬ 
missing such complaint or specifying the 
facts which he deems established on such 
hearing. 
§ 287. Granting and revoking licenses. 
The commissioner of agriculture may de¬ 
cline to grant a license or may revoke a 
license already granted where he is satisfied 
of the existence of the following cases or 
either of them : 
1. Where a money judgment has been 
entered against sueh commission merchant 
and remains unsatisfied of record. 
2. Where false charges have been im¬ 
posed for handling or services or charges 
other than as by a schedule agreed on by 
tile parties or other than those customary 
in the trade. 
3. Where there has been a failure to ac¬ 
count promptly and properly or to make 
settlements with intent to defraud. 
4. Where there have been false state¬ 
ments as to condition, quality or quantity 
of goods received or held for sale on com¬ 
mission when the same might be known 
on reasonable inspection. 
5. Where there have been false or mis¬ 
leading statement or statements as to mar¬ 
ket conditions with intent to deceive. 
6. Where there have been combinations 
to fix prices. 
7. Where there has been a continual 
course of dealings of such nature as to 
satisfy the commissioner of inability of 
the commission merchant to properly con¬ 
duct the business or of an intent to deceive 
or defraud customers. 
8. Where the commission merchant di¬ 
rectly or indirectly purchases the goods 
for his own account without prior authority 
therefor or without notifying the consignor 
thereof. 
9. Where there has been a continued and 
persistent failure to keep the records re¬ 
quired by the commissioner. 
§ 28S. Certiorari to review. The action 
of the commissioner of agriculture in re¬ 
fusing to grant a license, or in revoking a 
license granted under this article, shall be 
subject to review by writ of certiorari, and 
if such proceedings are begun until the 
final determination of eertorari proceedings 
and all appeals therefrom the license of 
such commission merchant shall be deemed 
to be in full force and effect, or if such 
license shall have been refused, sueh com¬ 
mission merchant shall not be deemed to 
have violated the provisions of this arti¬ 
cle prohibiting the transaction of such busi¬ 
ness without a license, provided the fee 
for such license shall have been paid and 
a bond given as herein required. 
§ 289. Ileport of sale to consignor. Every 
commission merchant shall, upon the re¬ 
ceipt of farm produce and as he handles 
and disposes of the same, make a record 
thereof, upon a form or forms to be ap¬ 
proved by the commissioner of agriculture, 
specifying therein the name of the purchaser 
of such produce, the nature, grade and 
amount of the goods sold, and the amount 
received in payment therefor and other es¬ 
sential facts, and shall within forty-eight 
hours of making such sale, mail to the con¬ 
signor of the produce sold, a duplicate copy 
of such record. 
§ 289-a. Uniform grades for farm pro¬ 
duce. The commissioner of agriculture 
shall establish, on or before the first day 
of June, nineteen hundred and thirteen, uni¬ 
form grades or standards for farm produce, 
and when so established, publish the same 
for public information. Sueh grades or 
standards may be revised annually by the 
commissioner of agriculture as of the first 
day of January, and when so revised shall 
be published for public information. 
§ 289-b. Consignments of farm produce 
according to grades, inspection, presump¬ 
tion. Any consignor may ship farm pro¬ 
duce to a commission merchant for sale, 
in a package plainly marked with the 
grade or standard of the contents as estab¬ 
lished by the commissioner of agriculture, 
together with the quantity contained there¬ 
in. Upon receipt of sueh shipment the 
commission merchant to whom the same 
shall have been consigned shall immediate¬ 
ly make such an inspection as the condi¬ 
tion of the shipment shall reasonably per¬ 
mit. If it does not in his judgment con¬ 
form to the grade or standard or the quan¬ 
tity marked upon the original package, or 
is in a damaged condition, such commis¬ 
sion merchant shall at once notify the 
shipper by letter or telegraph and the 
nearest office, inspector or agent of the 
commissioner of agriculture detailed for 
such purpose. Sueh inspector or agent 
shall immediately inspect such ship¬ 
ment and issue a certificate in duplicate to 
such commission merchant specifying the 
grade or standard, the quantity and the 
condition of preservation of sueh shipment. 
One copy of such certificate shall thereupon 
be forwarded by the commission merchant 
by mail to the consignor of the produce. 
If a commission merchant shall fail to 
obtain a certificate as herein provided, sueh 
commission merchant shall be conclusively 
presumed to have received the shipment in 
a condition as to grade, quantity and qual¬ 
ity, as marked on the original package, 
and in a good state of preservation, and 
shall be deemed to have waived all right 
to claim that sueh shipment did not con¬ 
form to the marking or markings on the 
original package, or was not in a state of 
preservation, unless the consignor shall 
state that the shipment was different in 
grade or quantity from the marking or 
markings on the original package, or was 
not in a good state of preservation, or un¬ 
less the deficiency in grade, quantity, qual¬ 
ity or condition is proved to have been 
so concealed that it would not have been 
discovered by a reasonable inspection. 
$ 289-c. Right to review. If either 
party to a shipment of farm produce to a 
commission merchant in a package or pack¬ 
ages plainly marked with the grade or 
standard as established by the commis¬ 
sioner of agriculture, together with the 
quantity contained, be dissatisfied with the 
carriage of such produce by any common 
carrier, or with any statement as to quan¬ 
tity, grade or condition of preservation of 
such shipment, or with any statement rela¬ 
tive to the sale of such shipment, he may 
apply to the commissioner of agriculture, in 
writing, within sixty days of making sueh 
shipment, for an investigation. The com¬ 
missioner of agriculture shall treat such 
application as a complaint, and shall cause 
a full investigation of the transaction com¬ 
plained of to be made either by himself 
or one of his assistants, in the manner 
provided by section two hundred and eigbt.v- 
six of this article. 
§ 2S0-d. Offenses. Any person who be¬ 
ing a commission merchant in farm pro¬ 
duce shall (a) impose false charges for 
handling or services in connection with 
food products, or (b) fails to account for 
such food products, promptly and properly 
and to make settlements therefor with in¬ 
tent to defraud, or (c) shall make false or 
misleading statement or statements as to 
market conditions with intent to deceive, or 
(d) enter into any combination to fix 
prices, (e) directly or indirectly purchase 
for his or its own account, goods received 
by him upon consignment without prior au¬ 
thority therefor from the consignor or shall 
fail to promptly notify the consignor of 
such purchase on his own account and any 
person handling food products who shall 
make false statements as to grade, condi¬ 
tion, quality or quantity of goods shipped, 
received or held for sale on commission, 
with intent to deceive, shall be guilty of 
a misdemeanor. 
§2. This act shall take effect immedi¬ 
ately. 
From Childhood to Old Age 
Kimball Pianos 
Are Pleasing in Tone 
Write Today for Beautifully Illustrated Catalogue 
Mrs. Piano Buyer 8f£S2?S 
a piano for your home and children we are 
sure you will want toseoour catalogue — you will want 
to know about our new plan of selling and distribut¬ 
ing our pianos direct from our factory and from our 
various factory distributing points. Writ© US today for our 
Money Saving Plan and 
Free Catalogues 
and learn how easily you can secure the STANDARD 
Kimball Piano at factory distributing prices and 
on terms to suit your convenience. Monthly, quarterly or 
annual payments can be arranged. 
Valuable Features of the Kimball 
Kimball Pianos possess many important 
exclusive features, such as our hermetically 
sealed metal covered pin block—the heart of the 
puuio—impcryiouH to dampness, unaffected by beat or cold, 
etangs scientifically treated to nreveat rusting, and other val¬ 
uable features that give the Kimball that heirloom value and 
most splendid musical quality. 
Kimball Perfect i n Detail 
There are very few persons who aro not lovers of 
pood mus’e. Unfortunately thcro have been but a limited num- 
ber that could produce it. but now with a Kimball Player-Piano 
In the homo, the young, the old and even tho feeble-'indoor” 
people can p.ay and reproducotho''Grand Opera” or play any 
end all of tho old time songs or popular pieces. 
Our Great Offer 
Free Approval Test — We 
Stand the Freight —Con- / w w imwRii i rn 
venient Payments — Cat- Jf 
- 3892 Kimball Hall, 
alogues and Herald Free 
— Old Instruments 
Taken in Exchange 
/ . Chicago 
Please send me free 
Pi.no or Din rot 
A logues.prices and terms.and 
•V .the Musical Herald, contain- 
y imr two pretty songs, words 
and music. 
i lease Bend me tree your 
/ , Piano or Player-PianoCatn- 
FiJI out the coupon below and A 
Bend to ua today and get FREE A 
our handsome booklets and the f 
Musical Herald, containing + 
two pretty songs, words and A 
music—also valuable piano A 
information,our prices and a* Name -_ 
terms. WRITE TODAY, f 
W.W.Kimball / .- 
Company / Cxtv . 
Chicago / statc - 
_/ 
R.F.D. or St. 
C hoice Strawberry Plants— Columbia, Orem, Common wealth, 
ClH HKjvcake, Hclcn-Davis, Loi 
February 
A FARMER’S GARDEN 
TS without real serious meaning to 
A many thousand farmers because 
they think it is too hard work or 
it is not convenient to work a horse. 
So many farmers fail to understand 
what truly wonderful possibilities 
there are in modem Land tools 
IRON AGE 
do all of the sowing, hoeing, cultivating, 
weeding, furrowing, ridging, etc., in any 
garden, with better results, far less work 
and some real pleasure for the operator 
S8 or more combinations at $2.50 to $12,00! 
Ask your dealer about them and write us 
for new booklet, "Gardening with 
Modem Tools” also copy of our paper 
"Iron Age Farm and Garden 
News”—both are free. 
BATEMAN M’PG CO. 
Box 1022 Crenloch.N. J. 
GUARANTEED CLOVER SEED 
IOWA GROWN, 99% PURE, 
double sacked, safe arrival and satisfac¬ 
tion guaranteed. Prices right. Asic for 
— wholesale price listand big seed catalog Free 
Jienry Field Seed Co., Box 26, Shenandoah. Iowa. 
FOR SALE—SEED CORNY?; r ? w i^i Y9l ' ow ' 
HAKr/va %, f rTh In^^wnor 0 
HAlvKi VAIL, New Milford, Orange Co., N. Y 
ONIO N SEED s°naff ;;s r 7ii 
— Quirk, W orth Madison, 0. 
OATS'm Ree V®'T e<iis ,j Select aiJ ‘! Inip. American. 
„ tno , .T, wo tost, ytelders. Also SEED CORN, Seed Po¬ 
tatoes, C over, Timothy and GARDEN SEEDS. Samples 
and Catalog free. THED, BURT A SONS, Melrote . Ohio 
MILLIONS OF ASPARAGUS ROOTS, Blackberry and Straw- 
™ berry plants, Sweet Potato seed and plants, vegeta- 
ble plants. Catalogue free. M.N, BO RGO, Vineland. N. J. 
59?TL££ N t UAI ' strawijebbv cata- 
• o Jane andlall fruiting. Large stock of 
Superb and others. S. H. Warren, Aubiirndaie, Mass. 
CTKAWBKKRY PLANTS— Reliable money 
'' making varieties. Only $1.50. $1.75 & $1.98 per luoo 
Illustrated catalog free. S. A. VIRDIN, Harily, Del. 
STRAWBERRY PLANTS my speciality. Catalog freo 
——— b. G. Tingle, Box R, Pittsville, MU. 
S 
TRAWBERRK PLANTS ff naranteed *s good 
1 0 ns grows, at $1.00 per 
1000 and up. Catalog FREE. 
ALIEN BROS., Paw Paw, Mleli, 
tago. Trice oil apjtlicatioii. 
ni^fcllow, Feml all, Sample, HeH- 
Ilarry WcRtmnroCt, Montague, ftlirlt* 
STRAWBERRY PLANTS 
We have selected eight out cf a hundred kinds, so 
we have eight of tho very best. Get our 191.') eatn- 
P'antsand seed. ROMANCE SEED, 
PLANT AND TRUCK FARM, Caleb Bonus 6 Son, Cheswolii, Del. 
STRAWBERRY PLANTS 
of best quality in any quantity, also Raspberries, 
Blackberries, Gooseberries, Currants, Grape Vines,etc. 
We grow and sell nllkinds of Small Fruit Plants. Send 
for our catalog it will save and make you money. 
Bridgman Nursery Co., Box 7, Bridgman, Mich. 
STRAWBERRY PLANTS 
over 30 yoars. New and standard sorts at reasonable 
prices. Catalog free. SLAYMAKER 8 SON. Wyoming, Oel. 
BEST SEED POTATOES 
A. G. ALDRIDGE, Fishers, Ontario Co., N. Y. 
FRUIT Must Grew or be Replaced Free 
Our trees are True to Name, Fresh 
L R r r S Ong and free from disease. Write 
*“* today for Free Fruit Book ami won¬ 
derful offer. DANSVILLE FRUIT TREE CO.. Oansville.N. y 
mciisitosh apple, $12.00 peri oo 
and all other varieties of T* rfc T"* 
A pple, Pear, Plum, Cherry, I H h S 
Peach, Berry Plants, etc. * 
Seud for Free Catalogue today. 
L’Amoreaux Nursery Co., Scholutrie, N. Y. 
TREES AND PLANTS 
All kinds—By the 
Millions—at whole 
sale price. Big supply Apple and Peach Trees. Privet 
Hedging. The Westminster Nursery, Westminster. Md. 
VFRY fHOIGF Kill e. Cuthbert, Kansas and 
»Lit 1 GI1U1UL Gregg Raspberry plants, $7.00 
1,000. Lucretia Dewberries, $6.00 per 1,000. 
V HILL FRUIT FARM, Taboso, Licking County, Ohio 
per 1, 
CHERRY 
MILLIONS of TREES 
PLANTS, VINES, ROSES, ETC. 
The oldest, IargeBt and most complete nursory in 
Micliigan. bend for catalog. Prices reasonable 
I. E. ILGEN FRITZ’ SONS CO. 
THE MONROE NURSERY, MONltOE, MICH. 
’T GO WEST! 
Stay on the old farm—use WILCOX FERTILIZERS 
and make money at home among your own people. 
This talk about our Eastern land being past redemp¬ 
tion is all wrong. It’s the best land on earth and 
with WILCOX fertilization will yield you bumper 
crops next door to the big markets. Keep well posted 
on intensive farming and crop rotation. Use FERTILIZERS 
THAT FERTILIZE — plenty of Wilcox Fertilizers and you will 
be the man who makes two blades of grass grow where only one grew 
before. <H.We make correctly proportioned and thoroughly soluble ferti¬ 
lizers for all crops. Send to-day for our book. 
THE WILCOX FERTILIZER COMPANY - - - MYSTIC, CONN. 
