8 o 
THE NATIONAL NURSERYMAN. 
The National Nurseryman. 
C. L. YATES, Proprietor. RALPH T. OLCOTT, Editor. 
PUBLISHED MONTHLY BY 
The National Nurseryman Publishing Co., 
305 Cox Building, Rochester, N. Y. 
The only trade journal issued for Growers and Dealers in Nursery Stock of 
all kinds. It circulates throughout the United States and Canada. 
OFFICIAL JOURNAL OF THE AMERICAN ASSOCIATION OF NURSERYMEN. 
SUBSCRIPTION RATES. 
One year, in advance, - - - - - $1.00 
Six Months, ------ .75 
Foreign Subscriptions, in advance, - - - 1.50 
Six Months, “ “ - - - 1.00 
Advertising rates will be sent upon application. Advertisements 
should reach this office by the 20th of the month previous to the date 
of issue. 
Payment in advance required for foreign advertisements. 
(ft^F’Drafts on New York or postal orders, instead of checks, are 
requested. 
Correspondence from all points and articles of interest to nursery¬ 
men and horticulturists are cordially solicited. 
AHER1CAN ASSOCIATION OF NURSERYMEN. 
President, Wilson J. Peters, Troy, O.; vice-president, D. S. Lake, Shen¬ 
andoah, la.; secretary, George C. Seager, Rochester, N. Y.; treas¬ 
urer, C. L. Yates, Rochester, N. Y. 
Executive Committee—Irving- Rouse, Rochester, N. Y.; C. L. Watrous, Des 
Moines, la.; E. Albertson, Bridgeport, Ind. 
Committee on Transportation—Wilson J. Peters, ex-officio, chairman ; William 
Pitkin, Rochester, N. Y.; Peter Youngers, Geneva, Neb.; A. L. Brooke, N. 
Topeka, Kan.; Robert C.Berckmans, Augusta, Ga. 
Committee on Legislation—C. L. Watrous, Des Moines, Ta.; N. H. Albaugh, 
Tadmor, O.: Silas Wilson, Atlantic, la.; Thomas B. Meehan, Germantown, Pa. 
Committee on Tariff—Irving Rouse, Rochester, N. Y.; J. J. Harrison, Paines- 
ville, O.; N. W. Hale, Knoxville, Tenn. 
Annual convention for 1900—Chicago Beach Hotel, June 13-14. 
Entered in the Post Office at Rochester, as second-class mail matter. 
Rochester, N. Y., August, 1899. 
PROTECTION FOR ORIGINATORS. 
From time to time the question is raised : Can an origina¬ 
tor of a variety be protected by law with regard to the dissemi¬ 
nation of that variety ? And each time it is concluded that he 
cannot. Yet the matter is of so much importance that each 
discussion is of interest. 
A. B. Choate, a lawyer, of Minneapolis, after working upon 
a case in point has arrived at this decision : 
“ There is no statute in this state, nor in any other that I 
know of, which attempts to give protection to the originator 
of a seedling. But, after careful consideration, I am of the 
opinion, that independently of any statute, by common law in 
this state a man who originates a seedling plant is the legal 
owner of such seedling and may absolutely prohibit any one 
else from propagating any plants from it, and may exercise as 
absolute control over the seedling and its increase and the dis¬ 
position of such increase as he may over a domestic animal 
which he owns ; and if any one gets possession of buds or slips 
without the originator’s consent, or having lawfully gotten 
possession propagates others without the consent of the origi¬ 
nator, either express or implied, he may be enjoined from pro¬ 
pagating or selling them, and is liable for any damages which 
the originator may suffer thereby. But if the originator sell 
any of the products of his plant, without limiting the purchaser 
in his right to propagate and sell, then the purchaser has, by 
implication, an unlimited right to do as he may see fit with his 
purchase. It was upon this theory of the law that I secured a 
temporary injunction, prohibiting the sale of the yearlings in 
question until their ancestry could be determined by a trial in 
court.” 
The difficulties are of a practical rather than a legal charac¬ 
ter. In an address before the Minnesota Horticultural 
Society, Mr. Choate said : 
“When you, gentlemen, get the questions of individuality 
and heredity of plants settled, and become so expert in distin¬ 
guishing them that you can give the courts definite and posi¬ 
tive testimony in regard to t e ancestry and consanguinity of 
all the little plant waifs which are continually presenting 
themselves for classification, I assure you that the courts will 
furnish legal protection to the midwife who officiated at the 
conception and birth of the waifs.” 
THERE MAY BE MUCH IN A NAME. 
What has often occurred to many is voiced by Denske Dan- 
bridge in Gardening, probably as the result of sympathy, yet 
none the less to the point : 
Why should roses be misnamed ? We always speak of them as fern, 
inine, aud yet their introducers do not hesitate to name them for gen¬ 
erals, dukes, or canons. What a mistake to call a beautiful flower 
Reynolds Hole, Dr. Hogg, or Heinrich Schultheis. Such names as 
Princess Bonnie, American Beauty, Bride, and Bridesmaid are really 
fortunes to good roses It is hard to imagine such new roses as 
Reichsgraf, E. Y . Kesselstatt, or Frau Geheimrat Von Boch becoming 
very popular in America. Could anyone ever learn to love Baron T. 
Knib de Rodenbeke or Comtesse Gedeon de Clermont-Tonnerre? I 
would like the fine old Bougere much better than I do if the name did 
not suggest something big, bulging, and clumsy to my fastidious ear. 
What we want, says the Gardeners’ Magazine of London, is 
more names after the style of Sunrise, Clio, Medea, En¬ 
chantress, Purity, etc., and fewer like Suzanne Marie Rodo- 
canachi and Empress Alexandra of Russia. All of which is 
respectfully referred to the American Rose Society. 
A NOTED GRAPE GROWER. 
Elsewhere in this issue is the announcement of the retire¬ 
ment of Theodore S. Hubbard, of Fredonia, N. Y., from the 
nursery business. Mr. Hubbard is one of the most noted 
grape growers in the country. He began the growing of 
grapes over thirty-three years ago, near Fredonia. He started 
then both in the grape and nursery business. He made him¬ 
self master of the business by extensive travel, reading and 
careful observation and experiment in the field. He bought 
out the stock in trade and list of customers of half a dozen 
grape growers and was for several years the only one in the 
East who grew grape vines on an extended scale. 
Mr. Hubbard took the Wilder medal at a meeting of the 
American Pomological Society, in Boston^ for an exhibit of 
