48 
THE NATIONAL NURSERYMAN. 
AMEND THE BILL 
Measure Proposed by Washington Conven¬ 
tion Admitted to be Defective — Dele¬ 
gates Suggest Amendments — One 
Says Fruit Should be Included. 
Herewith are presented statements of the nurserymen who 
were members of the committee appointed at the convention 
at Washington on March 5th and 6th to draft a bill for the 
inspection of nursery stock : 
FROM C. M. HOBBS. 
Editor National Nurseryman : 
In compliance with your request, I snatch a little time from 
the hurry and rush of the packing season to briefly reply, as a 
nurseryman and a member of the committee on legislation at 
the recent conference in Washington, to some of the objections 
offered in your last issue to the proposed bill. 
First, a word as to the necessity of national and state legis¬ 
lation along the line proposed in this bill. It appears to those 
who have observed carefully the progress of the fungous 
diseases and insect pests afflicting plants, trees and fruits in 
this country, that the time has come for concerted action 
throughout the country for their suppression. Success in fruit 
growing and the nursery business seems to depend upon this. 
As the larger proportion of our most dangerous fungous 
diseases and insect enemies have been imported from foreign 
countries, it is clear that we should seek by some means to 
prevent their introduction. It is also clear that we need 
national legislation regulating interstate commerce in danger¬ 
ously infested plants and fruits. The bill proposed attempts 
to accomplish these ends. 
The proposed bill is based in its national, or interstate 
features, on the present pleuro pneumonia law. This law has 
been in operation several years, and its constitutionality has 
not been questioned, so far as I know. The committee took 
as a basis for this bill, a bill proposed by the foremost entomo¬ 
logist in this country. 
The committee selected by the convention to propose a bill 
for its adoption, was composed of ten persons from as many 
different states. Two of the members chosen could not serve, 
and the working committee was reduced to eight. Of these 
two were professors of horticulture in state experiment stations^ 
one a practical entomologist, one a fruit grower ; the occupa¬ 
tion of one member I am unable to give, and three were 
nurserymen. The nurserymen may have not have been repre¬ 
sentative of the profession—we will waive that matter. If I 
correctly interpreted the spirit of the committee, its purpose 
was to secure the best possible protection to the fruit and 
nursery interests of the whole country. There was no hostil¬ 
ity to the nursery interests expressed in the committee, neither 
any intended in the proposed bill. 
As to why fruit was not included with trees, plants, etc., in 
interstate commerce, if I remember correctly, all but one mem¬ 
ber of the committee were in favor of including fruit. This 
member was so certain of its impracticability, and so confident 
that it would kill the bill in congress, and contended so vigor¬ 
ously and persistently for this point, that the committee con¬ 
sented to make the bill apply only to fruit from foreign 
countries. This member was not from California. My 
opinion was, and is now, that the bill should be amended to 
include dangerously infected fruit, as the facilities for dis¬ 
tributing dangerous pests by this means is apparent to all. 
It is urged that the bill places too great discretionary pow¬ 
ers in the hands of the commissioner of agriculture. It 
appears evident that large discretionary powers must neces¬ 
sarily rest with some one, as it will be impossible to provide by 
special act for all the details of the case, and to provide for all 
the emergencies that may arise. 
The bill is criticised as being of doubtful interpretation and 
impracticable. Without entering into a detailed argument of 
the case, suffice it to say, that I believe the general principles 
of the bill are possible of intelligent interpretation, and in in¬ 
telligent hands possible of practical application. 
The objection is made that the bill, if enforced, would 
destroy the nursery business. I fail to see how or why. This 
bill provides for the inspection, and if found infested, for the 
treatment of dangerously diseased trees, plants, etc., and 
provides a penalty for the distribution of dangerously infested 
trees, plants, etc. These principles have been enacted into 
law in a number of states, and have been found to be practi¬ 
cal, and to protect the nursery and fruit interests rather than 
destroy them. 
It is evident to my mind that the nursery business will 
come, and that soon, to both inspection by an expert at 
seasonable times, and to fumigation, or other remedial and 
preventive treatment. The large planters of trees are becom¬ 
ing so aroused to the terrible havoc caused by the San Jose 
scale, that they are going to be very careful where they buy 
their trees. That nurserymen insist that they do not have the 
scale in their nurseries or locality, will not satisfy the intelli¬ 
gent buyer. He knows that this pest is scarcely discernible 
with the naked eye, requiring a trained eye and glass to detect 
it in its early stages, and is not usually detected by the ordin¬ 
ary observer until it has multiplied in such quantities as to 
produce a marked effect. 
Recognizing these facts, and that inspection by an expert is 
not in*'allible, several large nursery concerns have been and are 
arranging to fumigate all the stock they send out or receive. 
I can say for the committee having this proposed bill in 
charge, that in their wildest fancy they never dreamed it to be 
perfect in all its details. We are glad of these criticisms if they 
shall perfect the bill, or shall result in such legislation as will 
protect the great nursery and fruit interests of the country 
from the constantly increasing fobs that menace them. 
Bridgeport, Ind. C. M. Hobbs. 
FROM C. M. HOOKER. 
Editor Nationai- Nurseryman : 
In reply to yours of the 5th inst, I thank you for your offer 
of space in the National Nurseryman to reply to your 
article of . 4 pril ist, entitled “A Blow at the Nursery Trade,” 
and to give a statement of the facts in relation to the action 
of the national convention at Washington March 5th and 6th, 
as I am sure had you been better informed, that paper would 
never have been published, and it is best that your subscribers 
be fully informed as to the proposed national law and pre¬ 
pared to judge for themselves as to its necessity and merit. 
Having had the honor of being appointed delegate to the 
convention at Washington by the Western New York Horti¬ 
cultural Society, it was thought best to consult some of the 
