THE NATIONAL NURSERYMAN. 
109 
the state department. I have called the attention of the 
department to the fact that several dealers have purchased 
abandoned nursery stock in nursery rows for the sole purpose 
of procuring a certificate. And the department has replied 
that it is not my business to make comments on the motives 
of nurserymen.” 
“ It is understood, Mr. Peck, that dealers have procured 
certificates by representing that they owned certain portions 
of a block of trees in a nursery which had already been 
inspected.” 
“ I am not supposed to know who owns a block of trees 
except as I am told,” said Mr. Peck. “ I will not issue a 
certificate on stock that I have already certified. The depart¬ 
ment says I must not comment on nurserymen’s motives. All 
I can do is to inspect stock as I find it in nursery rows and in 
accordance with the ownership as stated to me.” 
President William C. Barry of the Eastern Nurserymen’s 
Association when asked about the subject said: “We are 
doing all in our power to adjust the matter. The association 
has written to the commissioner of agriculture stating the facts 
and earnestly requesting that some arrangement be made for 
this fall’s packing. We will amend the bill next winter.” 
“All who buy stock for reshipment are affected by the bill, 
are they not ?” was asked. 
“Certainly,” replied Mr. Barry. 
“ Wholesalers as well as retailers ? ” 
“ Yes.” 
“Then the growers of nursery stock who purchase certain 
kinds to fill out orders cannot get the reinspection necessary 
for a certificate.” 
“ No ; they cannot.” 
EASTERN ASSOCIATION’S ACTION. 
Following is a copy of the letter sent to Albany by the 
Eastern Nurserymen’s Association : 
Rochester, N. Y., September 7, 1898. 
Hon. Chas. A. Wieting, 
Commissioner of Agriculture, Albany, N. Y. 
Dear Sir —Referring to the law passed last winter, Chapter 482, 
relative to the prevention of disease in fruit trees and the inspection of 
nurseries. 
This Association wishes respectfully to place before you certain 
existing conditions under the law, and asks for relief. The conditions 
are these. Our understanding of the law is that nursery stock must 
be inspected where it is grown ; that then certificates are issued to 
the owner thereof, and that no nursery stock can be shipped by freight, 
express or otherwise, unless accompanied by a copy of that certificate. 
There are, among the members of this Association, a number of 
reputable individuals, firms and corporations, of good commercial 
standing, who have been for many years established in business 
These parties are not growers of nursery stock, but might properly be 
termed brokers, buying their goods from responsible wholesale nursery¬ 
men. It is to their decided advantage to make their shipments under 
their own name, as they always have done, and in fact it would be 
impossible for them to do otherwise, as they are frequently obliged to 
buy from more than one wholesaler in order to procure the assortment 
of stock needed to fill their orders. These concerns run their own 
packing grounds, buying from the wholesalers but doing their own 
packing and shipping. They would of course buy only inspected 
stock, but under the strict reading of the law it is difficult to see 
where they can obtain certificates and how they can make their ship¬ 
ments. 
There is also another class of dealers or brokers who are non-residents 
of the State of New York, but who come to this state twice a year to 
buy their goods from wholesale nurserymen, and who are in the habit 
of, and desire to make their shipments under their own names, and 
it seems impossible for them to comply with the law if strictly inter¬ 
preted. As the case now stands, it would be much easier for such 
parties to buy their goods from wholesale nurseryman located in other 
states, and it does not seem good policy for the State of New York to 
so legislate as to drive business to other states, but rather to legislate 
so that the business of this state will be encouraged, developed and 
increased. 
This is the situation as it exists to-day, and the question is, what 
remedy can your department propose, so that reputable parties hand¬ 
ling inspected stock, as brokers, may be able to make their shipment 
under their own name, accompanied by proper certificates? 
Could not some plan be devised so that if a broker buys inspected 
stock from a number of wholesalers, he may receive some sort of a 
certificate which will enable him to make his shipments ? 
The matter seems urgent aud important to many members of this 
Association, and as the shipping season begins early in October, any 
relief that may be proposed should be promptly offered, and I trust 
therefore, that you may be able to give the matter your early con- 
sidertion. 
Yours truly, 
Wm. Pitkin, Secretary Eastern Nurserymen’s Association. 
THE NATIONAL NURSERYMAN’S QUERY. 
The National Nurseryman sent the following letter to 
the commissioner : 
Hon. C. A. Wieting, 
Commissioner of Agriculture, Albany, N. Y. 
Dear Sir —The National Nurseryman, the only trade journal 
issued for the nurserymen of this country and Canada, is interested in 
the application of the state law relating to the inspection of nursery 
stock. 
We have learned the ruling of the department regarding the inspec¬ 
tion of nursery stock on the packing grounds of dealers who do not 
grow the stock. As we understand the ruling no stock can be inspected 
except in nursery rows. What steps then is the department taking to 
prevent the shipment of stock not inspected, (coming from another 
state, or from a portion of New York State not yet visited by the in¬ 
spector) by the wholesalers, the growers of nursery stock, who are 
granted general certificates because they grow some stock and who can 
easily attach a duplicate of that certificate to the purchased stock by 
itself or mixed with the grower’s own stock ? 
The department must be aware that every nurseryman, wholesaler 
and dealer, is obliged to buy some stock to complete the filling of his 
orders 
The dealer purchases all his stock, the wholesaler a portion of his 
stock. The wholesaler gets a certificate ; the dealer does not. 
Inasmuch as every nurseryman must buy some stock, and in nearly 
every case the purchased stock is mixed with that covered by your 
certificate, how can a single carload or even a single bundle of nursery 
stock leave a nursery in auy part of this state this fall ? Does not your 
interpretation of the law place the entire nursery business at a .stand¬ 
still ? 
Yours very truly, 
The National Nurseryman Pub’g. Co. 
The reply was as follows, Mr. Flanders being the gentle¬ 
man who assisted in redrafting the bill : 
Albany, N. Y., Sept. 20, 1898. 
Tiie National Nurseryman Publishing Co., 
Rochester, N. Y. 
Dear Sirs —Your communication of the 19th inst. just received. 
The commissioner of agriculture has not ruled that no stock should 
be examined except in the nursery. He has, however, received advice 
from the office of the attorney general that he could not, under this 
statute, Chap. 482, Laws of 1898, issue certificates upon stock examined 
elsewhere than in the nursery where grown. f\ 
I inclose you herewith a copy of the law. You will see that the 
duty of the commissioner of agriculture is to suppress the disease in 
ways provided by the statute wherever the disease may exist within 
