THE NATIONAL NURSERYMAN. 
/ 
STATE LEGISLATION. 
Nine States Have Scale Laws—Eleven Legislatures in Session 
—No Scale In Delaware, Iowa or Nebraska Nurseries — 
Prospects in Ohio, Indiana, Illinois and Wisconsin. 
Notwithstanding the alarm raised in many quarters regard¬ 
ing the San Jose scale state, legislation on the subject has not 
progressed to a marked degree. Laws intended to govern 
the transportation of nursery stock have been passed by the 
legislatures of California, Georgia, Maryland, Michigan, North 
Carolina, Oregon, Virginia, Pennsylvania and Washington. 
The Georgia law is not satisfactory, being entirely different 
from the draft prepared by a joint committee of the Georgia 
State Horticultural and Agricultural Societies. 
President P. J. Berckmans of the Horticultural Society says : 
I his draft was made after carefully considering every act 
bearing upon this question which had been passed by the 
. various states. Every objectionable feature was eliminated, 
the best points were considered, and when this draft was sub¬ 
mitted to several of our leading entomologists, they agreed 
that this draft of a law was not only liberal in its provisions, 
but covered every necessary point to make it easily enforced 
without being dictatorial. Much to our surprise this draft 
was almost entirely ignored and another substituted, which in 
the opinion of our leading fruit growers is of no value what¬ 
ever.” 
The legislatures of Delaware, Iowa, Kentucky, Maryland, 
Massachusetts, Mississippi, New Jersey, New York, Ohio, 
Rhode Island and South Carolina are in session. 
State Entomologist J. B. Smith, of New Jersey prefers to 
trust to the vigilance of purchasers rather than the efficiency 
of laws on this subject. 
Professor Herbert Osborne, state entomologist of Iowa, says 
there is no San Jose scale in the nurseries of Iowa, and, so far 
as he knows, none in the orchards of the state. 
An attempt was made by the Illinois Horticultural Society 
to have Governor Tanner include consideration of San Jose 
scale in his call for a special session of the legislature, but 
Henry Augustine, Normal, Ill., chairman of the committee 
having the matter in charge writes that the session had been 
called before the matter was presented to the governor. Mr. 
Augustine says : “No special legislation will be had during 
this session but the scale has made so little inroads upon our 
state that we feel we can control it and doubtless there will be 
special legislation next winter. In the meanwhile our state en¬ 
tomologist with his assistants is at work vigorously destroying 
the small colonies already discovered. The people are thor¬ 
oughly aroused so that there will be general co-operation in 
the whole work.” 
The report of Wesley Webb, deputy inspector, showing 
that so far as is known, not a nursery in Delaware has the 
scale, is presented in another column. The report of the in¬ 
spector called for by the legislature has been presented. 
C. M. Hobbs, of Albertson & Hobbs, Bridgeport, Ind., 
president of the Indiana State Horticultural Society, is chair¬ 
man of a committee of that society appointed to prepare a 
draft of a San Jose scale bill for presentation to the Indiana 
legislature which will meet January 9, 1899. 
Hon. N. H. Albaugh, Tadmor, Ohio, is chairman of a com¬ 
mittee appointed by the Ohio State Horticultural Society to 
recommend needed legislation on San Jose scale, yellows, 
black knot and other dangerous insects or diseases. The 
committee has prepared a bill providing for licenses. 
Professor W. I). Hunter, of the Nebraska Agricultural Col- 
lege, says that no traces of the scale have been found within 
the state. He advises that “nursery stock from the infected 
states, particularly New Jersey, Maryland and New York, 
should be avoided or subject to a rigid examination.” 
At Madison, Wis., February 2, Professor E. S. Goff, ento¬ 
mologist, will, before the Wisconsin Horticultural Society, dis¬ 
cuss the question Are we doing our duty as a society to pre¬ 
vent the ravages of the San Jose scale in our state.” 
Regarding Pennsylvania, Dr. George G. Groff, of Bucknell 
University, Lewisburg, Pa., writes to the National Nur¬ 
seryman : Our law is as follows : A person suspecting 
the presence of the scale reports to the township road super¬ 
visors. They select three men as a commission. These in¬ 
spect the trees and pronounce them infected or otherwise. If 
infected, they can destroy them. All expense is borne by the 
township. This law was passed two years ago, and originated, 
I believe, in our State Department of Agriculture. We know 
that the scale exists in 22 of the 67 counties. The state is 
doing nothing to check its spread.” 
It is expected that a bill will be presented to the New York 
legislature at the present session. 
©bttuar\>. 
John C. Durkin of Geneva, N. Y., died January 5th, aged 
38 years. For eight years he had charge of the Rupert Nur¬ 
series in Penn Yan, N. Y. 
Henry S. Rupp, Shiremanstown, Pa., died January 14th, 
aged 71 years. He had been in the nursery business since 
1865. 1 he firm of Henry S. Rupp & Sons has been succeeded 
by John F. Kupp. Henry S. Rupp was one of the pioneer 
horticulturists of his state, being an extensive grower of apples, 
pears, grapes and berries. He was a member of the American 
Pomological Society and of the Pennsylvania State Horti¬ 
cultural Association. 
G. E. Meissner, of the well-known firm of Bush & Son 
& Meissner, Bushberg, Mo , died January 2d. He was prom¬ 
inent in nursery and horticultural matters in this country and 
as the introducer of American resistant stock against phyllox¬ 
era in France, Spain and Italy, he was highly esteemed in 
European grape countries. After battling bravely for almost 
two years with a painful, lingering illness, he died peacefully 
at his home in Bushberg in the 55th year of his age. He will 
be sadly missed by his devoted family and many warm, true 
friends. Mr. Meissner had been an officer and active worker 
in the American Association of Nurserymen. 
PRAISE FROM A HIGH SOURCE. 
Eastern Shore Nurseries, J. W. Kerr, Proprietor, Denton, 
Md., January 10 , 1898 .—“Your reminder of the expiration of my sub¬ 
scription received and you have my thanks for this kind attention. 
Enclosed find one dollar which please place to my credit. I congratu¬ 
late you upon the clean style and healthy tone of the National 
Nurseryman. I hope it will never be afflicted with the cumulative 
putrescence that characterizes so many of our horticultural publica¬ 
tions. Wishing you a year ‘chock full’ of genuine prosperity, I am, 
gentlemen, very respectfully yours.” 
