THE NATIONAL NURSERYMAN. 
5i 
STATE DOCUMENTS. 
The following correspondence in the matter of the Canadian 
exclusion act, shows how the efforts of a single nurseryman 
caused the British ambassador and the Canadian Privy Coun¬ 
cil to make an explanation ; and suggests that had there been 
more time or had there been concerted action among the lead¬ 
ing nurserymen, the objects desired might have been attained : 
Department of State, ) 
Washington. April 20 , 1898 . [ 
The Honorable James W. Wadsworth, House of Representatives: 
Sir —Referring to your letter of the 81 st ultimo, enclosing a letter 
from Mr. Irving Rouse, of Rochester, N. Y., relative to a bill passed 
by the Canadian Parliament prohibiting the entry into Canada of nur¬ 
sery stock from the UnitedStates ; and with regard to the department’s 
reply thereto of the 2d instant, I have the honor, by direction of the 
secretary of state, to inclose for your information copy of a note from 
the British ambassador at this capital, transmitting a copy of an 
approved minute of the Canadian privy council, explaining the cir¬ 
cumstances which led to the enactment and representing that present 
circumstances do not admit of any modifications of the provisions of 
the law in question. Respectfully yours, 
William R. Day, Assistant Secretary. 
Enclosure : 
From Sir Julian Pauncefote, April 15 , 1898 . 
Washington, D. C., April 15 , 1898 . 
The Hon. John Sherman, Secretary of State, etc. : 
Sir —With reference to the three notes from your department, Nos. 
957 , 963 and 971 , of the 25 th ultimo, 2 d and 8th instant respectively, 
concerning the Canadian act prohibiting the entry into the Dominion 
of nursery stock from the United States, I have the honor to transmit 
herewith copy of an approved minute of the Privy Council, which has 
been sent to me by the Governor General of Canada. 
This minute explains the considerations which led to the enactment 
of the measure in question, and represents that present circumstances 
do not admit of any modifications of its provisions. 
In communicating to you the enclosed, I have the honor to express 
my regret that, for the reason therein stated, it has not been possible to 
obtain the relief asked for. 
I have the honor to be with the highest consideration, sir, 
Your most obedient humble servant, 
Julian Pauncefote. 
The extract from a report of the committee of the Privy 
Council, concludes as follows : 
That the provincial government of Ontario recognizing the serious 
nature of this pest, has passed legislation with a view to its eradica¬ 
tion, which it is confidently believed, will soon be accomplished if no 
further introduction of the pest from abroad occurs. 
That so important was immediate action for the protection of 
Canada’s most important fruit industry, and so numerous were demands 
from fruit-growers, fruit-growers’ associations and others in all fruit 
growing sections of the Dominion, that the members of both houses of 
parliament, upon the introduction of the bill, suspended the rules of 
the house, and passed the bill at once. 
That this was done with the full knowledge that a number of Cana¬ 
dians would suffer in consequence of the sudden prohibition of all nurs¬ 
ery stock, they having been agents for the distribution of this stock, 
and in many cases having been paid for it in advance. 
That the results of the act were referred to on a subsequent date in 
the house of commons, and the members evinced a strong determina. 
tion not to recede in any particular from their action in passing the 
bill. 
The minister, under the circumstances is unable to recommend that 
for the present any modification be made to the provisions of the “ San 
Jose Scale Act.” 
The committee of the privy council, on the recommendation of the 
minister of agriculture advise that your excellency be pleased to sub 
mit an answer, in the sense of this minute to his excellency her majes¬ 
ty’s ambassador to the United States. 
All which is respectfully submitted for your excellency’s approval. 
John J. McGee, Clerk of the Privy Council. 
NEW YORK SCALE LAW. 
1 he New York State bill for the regulation of the San Jose 
scale was passed by both senate and assembly, and was sent to 
Governor Black for his approval. The bill was drawn by 
President Irving Rouse of the American Association of Nur¬ 
serymen and member of the executive committee of the 
Eastern Nurserymen’s Association, and William Pitkin, secre¬ 
tary and treasurer of the Eastern Association. These gentlemen 
with S. D. Willard, of Geneva, and C. M. Hooker, of Roches¬ 
ter, went to Albany and secured the passage of the bill. 
In view of the delay in the passage of the federal bill, how¬ 
ever, it was thought advisable by President W. C. Barry of the 
Eastern Association and Messrs. Rouse and Pitkin to delay 
action on the state bill pending the disposition of the federal 
bill, for as will be seen by the text ol the New York State bill 
herewith appended, it is based upon and made subsidiary to 
the federal bill. Therefore through Senator Parsons and by 
direct application to Governor Black the latter promised to 
withhold his signature until action should be taken on the bill 
at Washington. On April 30th at a meeting of the Eastern 
Nurserymen’s Association it was decided to allow the bill to 
become a law. Word was sent to Albany and Governor Black 
promptly signed the bill. Following is a summary of the New 
York State law, which is unlike that of any other state bill or 
law on the scale : 
The act amends the agricultural act of 1895 Persons be¬ 
coming aware of the existence of San Jose scale or other insect 
pest or plant disease shall report the fact to the commissioner 
of agriculture at Albany who shall send an agent to do what is 
necessary to extirpate or prevent the spread of the insects or 
disease. Unless each nursery has been inspected by a federal 
officer the same year, the commissioner must cause it to be 
examined once each year prior to September 1st. If the trees 
and plants therein are free from insect or disease, a certificate 
to that effect must be issued to the owner of the nursery. 
Should a nurseryman send out or deliver within the state 
nursery stock subject to the attack of injurious diseases or in¬ 
sects without a certificate up to date or deface or destroy such 
certificate or wrongfully be in possession of it, he shall be 
deemed guilty of a misdemeanor. 
A certificate issued by an official of the United States shall 
be accepted in lieu of state inspection. 
The act also provides as follows : 
“If in the judgment of the said commissioner of agriculture 
or the persons representing him, the trees, shrubs or other 
plants should be entirely destroyed, then such destruction shall 
be carried on and completed under the supervision of the com¬ 
missioner of agriculture, or the person or persons duly ap¬ 
pointed by him, without unnecessary delay, but the owner of 
the trees shall be notified immediately, upon its being deter¬ 
mined that they must be destroyed, by a written notice signed 
by such commissioner, or the person representing him and left 
at his usual place of residence, or if not a resident of the town 
by leaving the notice with the person in charge of the premises, 
trees or fruit or in whose possession they may be. Such notice 
shall contain a brief statement of the facts found to exist, 
whereby it is deemed necessary to destroy said trees, shrubs or 
other plants, and shall call attention to the law under which it 
is proposed to destroy them. In case of objection to the find¬ 
ings of the inspector or agent of the commissioner of agricul- 
