336 
THE NATIONAL NURSERYMAN 
•MARYLAND.—Nurseries are inspected at least once in six 
months. All nursery stock subject to attack of insect pests 
must be fumigated. Shipments into the state must be labeled 
with the name of consignor and consignee and each package 
bear a certificate of inspection. Duplicate certificates should be 
filed with the State Entomologist. Dr. T. B. Symons, State En¬ 
tomologist; Prof. J. B. S. Norton, State Pathologist, College 
Park, Md. 
MASSACHUSETTS.—Nurseries in the state are inspected an¬ 
nually. Agents or other persons, excepting growers, who de¬ 
sire to sell nursery stock in the state shall make application to 
and receive from the State Nursery Inspector an agent’s license, 
and shall file with the State Nursery Inspector names and ad¬ 
dresses of all persons or nurseries from whom they purchase 
stock. It shall be unlawful for any person, firm or corporation to 
sell, deliver or ship within the state any nursery stock unless 
such person, firm or corporation holds a grower’s certificate or an 
agent’s license, and a copy of such certificate or license must 
accompany each car, box or package delivered or shipped. 
The State Nursery Inspector shall have power to inspect at its 
point of destination all nursery stock coming into the state, and 
should such stock be found to be infested with injurious insects 
or plant diseases he may cause it to be destroyed, treated or re¬ 
turned to the consignor at the consignor’s expense. Dr. H. T. 
Fernald, State Nursery Inspector, Amherst, Mass. 
MICHIGAN.—Nurseries are subject to inspection; infested 
trees must be destroyed and the remainder of the stock within a 
half mile must be fumigated. Shipments into the state must 
bear on every package, plainly labeled, the name of the consignor 
and consignee, statement of contents and a certificate showing 
that the contents have been inspected by a state or government 
officer; and, if of species subject to the attack of San Jose scale, 
must be fumigated with hydrocyanic acid gas. Certificates of 
fumigation must also be attached, together with a copy of the 
certificate of inspection. This applies to individual orders when 
several are contained in the same shipment. All nurserymen, 
whether residents of Michigan or other states, who wish to grow 
or sell stock within the state must apply to the State Inspector 
of Nurseries on or before August 1 of each year for a license, for 
which the fee is $5. A bond for $1,000 must also be filed. Cer¬ 
tificates of inspection must be filed with the State Inspector of 
Nurseries before any stock is shipped into the state. Prof. L. 
R. Taft, State Inspector of Nurseries and Orchards, East Lans- 
sing, Mich. 
MINNESOTA.—Inspection, annual and compulsory. Inspec¬ 
tion may be oftener if it seems desirable. 
Shipments into the state must be accompanied by a certificate 
of inspection. 
Carrying companies accepting stock not so tagged are respon¬ 
sible and liable to prosecution. 
Dealers in other states sending stock into Minnesota for sale 
must file a copy of their certificates with the State Entomologist. 
Prof. F. L. Washburn, State Entomologist, St. Anthony Park, 
Minnesota. 
MISSISSIPPI.—Every nursery in the state must be inspected 
before November 1 of each year, and every bundle, hale or pack¬ 
age of stock sold or transported must be accompanied by a copy 
of the certificate of inspection attached in a conspicuous place. 
Every person or firm from other states wishing to ship nursery 
stock into Mississippi must file with the entomologist a copy of 
the certificate, which shall state that the nursery is properly 
equipped for fumigating all nursery stock. A copy of the cer¬ 
tificate shall be attached to every bundle, bale or package of 
nursery stock delivered within the state. Every nurseryamn 
must state that all nursery stock shipped into this state will be 
fumigated with hydrocyanic acid gas. R. W. Harned, Entomolo¬ 
gist, Agricultural College, Miss. 
MISSOURI.—Nurseries are inspected annually. Each nur¬ 
sery outside of Missouri shipping stock into Missouri must apply 
at the office of the Chief Inspector for a permit, which will be 
issued upon filing the necessary papers and copy of their nursery 
inspection certificate. No fee is charged for the permit. All 
agents or salesmen for outside nurseries must apply for an 
agent’s permit. Every package of nursery stock shipped into 
the state must be clearly labeled with the name of the consignor, 
consignee, statement of contents and a certificate showing ,that 
the stock therein contained has been inspected where grown by a 
duly authorized inspector and found to be apparently free from 
dangerously injurious insect pests and plant diseases. The 
transportation companies are not permitted to deliver nursery 
stock unless so labeled. Leonard Haseman, Entomologist and 
Chief Inspector, University of Missouri, Columbia, Mo. 
MONTANA.—All stock brought into the state must be un¬ 
packed, inspected and fumigated, if necessary, at one of the desig¬ 
nated quarantine stations, viz.: Glendive, Miles City, Billings, 
Bozeman, Lewiston, Helena, Great Falls, Missoula, Victor, Como, 
Darby, Plains, Mondak, Glasgow, Havre, Ivalispell, and Eureka. 
Nursery stock may be inspected and fumigated at other points 
of delivery on payment of all costs. All correspondence and 
notice of shipment, including an invoice of stock, must be sent to 
M. L. Dean, State Horticulturist, Missoula, Mont. 
NEBRASKA.—All nursery stock shipped into the state shall be 
labeled with the names of consignor and consignee and a certi¬ 
ficate showing inspection since July 1 preceding. Prof. Law¬ 
rence Bruner, State Entomologist, or Prof. Myron H. Swenk, As¬ 
sistant State Entomologist, University of Nebraska, Lincoln, Neb. 
NEVADA.—Nursery stock shipped from other states shall bear 
on the outside of each car, bale or package a label giving the 
names of the consignor and consignee, together with a copy of an 
inspection certificate of recent date. Such certificate of inspec¬ 
tion must bear the signature of a qualified person in authority in 
the state in which such nursery stock was grown. No transpor¬ 
tation company shall deliver any nursery stock lacking such 
official certificate of inspection. S. B. Doten, Director, Experi¬ 
ment Station, Reno, Nevada. 
NEW HAMPSHIRE.—Nurseries are inspected at least once 
each year. Shipments into the state must be accompanied by a 
certificate of inspection or, in lieu thereof, an affidavit showing 
that the stock has been fumigated with hydrocyanic acid gas, 
using not less than 2-10 of 1 grain of cyanide of potassium per 
cubic foot of space, in an air-tight compartment for not less than 
40 minutes. A copy of the certificate of inspection or a copy of 
the affidavit must be attached to each car, box or package shipped 
into the state. Hon. Andrew L. Felker, Commissioner of Agri¬ 
culture, Durham, N. H. 
NEW JERSEY.—The law requires the inspection of all nur¬ 
series at least once in each year. Shipments into the state 
must be accompanied by a certificate of inspection of current 
date, or copy thereof, attached to each car or parcel, together 
with a statement from the shipper that the stock therein is a 
part of the stock inspected, and stating whether such stock has 
been fumigated with hydrocyanic gas or not. It shall be the 
duty of all carriers to refuse for transportation within the state 
all stock not accompanied by a certificate of inspection. All 
stock coming into the state may be detained for examination, 
wherever found, by the State Entomologist or the State Plant 
Pathologist, and if found to be infested with any insects or plant 
diseases, injurious or liable to become so, will be destroyed. Dr. 
T. J. Headlee, State Entomologist, New Brunswick, N. J.; Dr. 
Mel. T. Cook, State Plant Pathologist, New Brunswick, N. J. 
NEW MEXICO.—No law relative to transportation of nursery 
stock. The Territorial Legislature of 1903 provided for county 
boards of horticultural commissioners which were given authority 
to control orchard pests. Prof. Fabian Garcia, Horticulturist, 
Agricultural Experiment Station, State College, N. M. 
NEW YORK.—All nursery stock shipped from any point in the 
state must have attached to each car, box, bale or package copy 
of certificate of inspection. Valid to September 1st, 1916. 
Nursery stock shipped into the state must remain packed and 
unopened until permission is given by the Commissioner of Agri¬ 
culture or his duly authorized representative. No nurseryman, 
agent, dealer or broker can legally sell or ship without positive 
evidence of its having been inspected and certified. Custom 
house brokers importing or bringing nursery stock into the state 
shall immediately, upon receiving consignments, notify the Com¬ 
missioner of Agriculture and must comply with the Federal Law. 
All trees infested with San Jose scale or other injurious insects 
and all trees and plants infected with fungous diseases, crown 
gall, or galls on the roots, must be destroyed or returned to the 
shippers. 
A NEW LAW 
§ 264. Damages accruing from sale of trees. Nothing con¬ 
tained in section two hundred and sixty-tliree or any other sec¬ 
tion of this chapter shall be construed to deprive a purchaser of 
any fruit-bearing tree of his remedy at law in a civil action to 
recover damages sustained by reason of such trees proving 
untrue to name as specified on the label. Such damages may be 
recovered in a civil action by the purchaser of such fruit-bearing 
trees or by his personal representative or assignee at any time 
prior to the third bearing year, provided the purchaser notifies 
the seller as soon as he has reason to believe that such trees are 
not true to name. In any action to recover damages suffered 
by the purchaser by reason of any fruit tree or trees not being 
of the name or variety under which they were tagged and sold, 
the seller shall have the burden of proof in establishing that any 
contract or any provision of any such contract exempting the 
seller from liability or limiting his liability was agreed to by the 
purchaser. In every case of a sale of fruit-bearing trees in lots 
of twenty-five or more, the seller must at once furnish the pur¬ 
chaser a copy of such contract upon the face of which shall be 
plainly printed the following: “In any action to recover damages 
suffered by the purchaser by reason of any fruit tree or trees not 
being of the name or variety under which they were tagged and 
sold, the seller shall have the burden of proof in establishing that 
any contract or any provision of any such contract exempting the 
