144 
THE NATIONAL NURSERYMAN. 
DECLARED UNCONSTITUTIONAL. PLANTING NURSERY STOCK. 
In the United States Circuit court in St. Paul, Minn., 
on October 13th, was heard an application for a writ of 
habeas corpus in the case of C. H. Schlecter, an employe 
of Bryant & Son, nurserymen of Princeton, Ill. Under 
one of the provisions of the Minnesota statutes a nursery¬ 
man selling goods in the state must file an affidavit and 
a bond. This law was not complied with by Bryant & 
Son or their agent Schlechter. He was arrested at Albert 
Lea, and as he would not pay the fine of $50 was sen¬ 
tenced to the Freeborn county jail for thirty days. The 
attorneys for the petitioner proposed to test the consti¬ 
tutionality of the law. They maintain it is not a proper 
exercise of the police power of the state, and that it is in 
contravention of the law allowing freedom of inter-state 
commerce. Judge Sanborn discharged the prisoner, 
declaring the law to be unconstitutional for the reason 
that it is an interference with inter-state commerce. 
Commenting on this case ihe Northwestern Agricul¬ 
turist “The law which has for nearly ten years 
served in a large measure to protect our tree planters from 
fraud, has lately been decided by a competent court to be 
unconstitutional. There seems to be some feeling that 
this law was passed to give our home nurserymen a cer¬ 
tain monopoly of the business in the state, but those who 
understand the circumstances which led to the forming of 
the law, and know the people who were prominent in de¬ 
manding it, know that such was not the intention. The 
nurserymen of the state, so far, have had no difficulty in 
disposing of all the stock they have grown, and only wish 
they could raise it as cheaply and as easily as their southern 
and eastern brethren. The nurserymen of the state ask 
no protection for their business, but they, and all others 
who are posted on the stock which is sold here from 
eastern and southern nurseries, know that scarcely one- 
tenth of it grows into anything of value to the planter, 
and that some reasonable and efficient restraint must be 
put upon these nurserymen and their agents doing busi¬ 
ness here. The outrageous work of the men who have 
recently sold “ model orchards “ among us has brought 
to the mind of those who have the horticultural interests 
of the state at heart, the need of some protection for the 
average planters of our state, who, with little knowledge 
of horticultural subjects, fall easy victims to the false 
representations of shrewd and unprincipled salesmen. The 
objection that ‘ farmers are certain to be swindled any¬ 
how, and that common sense and business prudence can¬ 
not be legislated into men,’ does not, in this case, hold 
good. As we are not, in the main, a fruit growing people, 
the minds of our farmers are not turned in the direction 
of horticultural knowledge, and this, when taken in con¬ 
nection with our peculiar situation and severe climate, 
makes it right and reasonable that our people should in a 
measure have the protection of law therein around their 
horticultural interests. That the past law has proved a 
failure fs no proof that one cannot be framed which will 
stand the test, and the sooner we have it the better.’’ 
The fellow who says nursery stock should be trans¬ 
planted in orchard just as it stood in nursery row has 
been around again this year selling stuff that he said was 
guaranteed to be marked north and south, so that the 
planters could easily replace the tree as it stood origin¬ 
ally says Field and Farm. The agent has been asking 
fifty cents each for an ordinary fifteen cent tree just 
because it has this warranty. A correspondent in Mont¬ 
rose county desires to know if there is anything in the 
theory. The point made by the agent in regard to trees 
standing in orchard as they stood in nursery is well taken, 
with some exceptions, although we do not understand 
how he should have the gall to ask such fancy prices for 
this kind of stock. If trees stand quite closely in nursery 
and are sold for planting when two years old, there is no 
appreciable difference in the wood or bark of the north 
andsouth sides of the stems. But three and four year old 
trees, trimmed up to a height of three or four feet and 
standing quite thinly, are almost certain to sun scald if 
planted with the north side to the south in orchard. In 
such trees close examination will show the most growth 
of stem and the thinnest bark on the north side. The 
best guarantee for such trees is a sun guard. But as a 
rule we do not like trees that are more than two years 
old from the scion. We prefer to plant young stock that 
it may receive an early start in life and by irrigation we 
force the growth of the tree just as our judgment dictates. 
We believe trees grown by irrigation are best grown and 
that a tree well planted is half made. Consequently we 
plant young stock, force it along as best suits our ideas 
and trim according to circumstances and requirements. 
In this way we produce in time the perfect orchard. 
THE SEASON AT BERLIN, MD. 
Berlin, Md., Nov, 19.— J. G. Harrison & Sons : “ We 
started here in the nursery business ten years ago in a 
small way making strawberry plants and peach trees 
specialties. Our trade this season has been about five 
times that of last and at better prices. We go heavy on 
strawberry plants, and asparagus roots in the spring. 
We have about five millions of each to offer. Peach 
trees in one year. No. i are about cleaned up; only June- 
budded are left for spring and light grades of one year 
trees. Apple trees, two years, are in fair supply, but 
slow to move. The prospects for spring are very good in 
plants for which we have already large orders. The 
growth of trees is extra, owing to a very favorable season. 
Our neighboring nurserymen, W. M. Peters Sons, have 
had a good wholesale trade on peaches. J. C. Philips of 
Salisbury, Md., has gone out of business. Charles Wright, 
A. Pullen, R. S. Johnston, Myre & Son of Delaware, are 
about cleaned out on No. i grades of peach. We are still 
sending out trees and plants and can ship from here on 
strawberry plants till May 15th.” 
