148 
THE NATIONAL NUKSERYMAN 
ill Pliilndelpliia wliere James i\I. iMoon makes liis 
winter home. 
Altlioiii^li suffering from the bullet wound Mr. 
IMoon called T. S. IVorthington, superintendent of the 
nursery, and the two men gave chase. 
The chase for the fleeing men was over high snow 
banks and fences, and attracted by the shots from the 
intruders’ revolvers and the shouts for help from the 
liursuers, linemen working along the road joined in 
the ])ursuit. The pursued men turned frequently 
and held tlieir pursuers at bay for a time. AYheii the 
fugitives reached the canal bank they found they 
were cornered and liere they made their last stand, 
but Mr. Moon grappled witli one and the other pur¬ 
suers ca])tured the other. They gave their names as 
Ei-ed White and John Luck with no address. 
—/Vi iIddelpJi id Press. 
THE CLEVELAND CONVENTION. 
In less than three months from now the thirty- 
ninth annual gathering of the American Association 
of Nurserymen will be held at Cleveland, Ohio. 
’Iliere is little need to instruct those who have long 
enjoyed the benefits of membership in this organiza¬ 
tion regarding the value of a connection wdth so 
helpful an institution. Those who have never allied 
themselves with it hardly realize the extent to which 
they are inde])ted to the Association for the indirect 
benefit they derive from its labors, and it is a pity 
that such should hold aloof from membership and 
continue to absorb the results of the efforts of the or¬ 
ganization. 
The fact that the convention is to be held at Cleve¬ 
land, June 24-26 is very favorably received, and as 
nearly “all roads lead to “the Hixth City” the at¬ 
tendance is ex])ected to be phenomenally large. The 
accommodations at the Hotel Hollenden are of the 
best, and our friend, T. B. AVest, Perry, Ohio, the en¬ 
thusiastic chairman of the committee on exhibits, as¬ 
sures us that the citizens of the “Sixth City” and 
the ()hio Nurserymen will use their best endeavor to 
make the visit one to be long remembered witli pleas¬ 
ure and ])roflt. Later notices will contain more 
specific information concerning program of the con¬ 
vention i)roper and also of entertainment features. 
Intending exhibitors should get in touch wfith Mr. 
AVest regarding si)ace for which there is to be no 
charge. 
The secretary says he is ready to receive renewals 
of memberships, and that he will not refuse applica¬ 
tions from those who wish to become members, the 
fee being five dollars annually, with i)rivileges which 
will be ex]fiained. The Badge Book is expected to 
have earlier publication so that it and the badge but¬ 
ton can be mailed before the meeting, but to do this 
meml)ers must send in their advertisements early. 
(Communications should be addressed to John Hall, 
secretary, 204 Granite Building, Rochester, N. Y. 
LIABLE FOR DAMAGES. 
According to a decision recently handed down by 
the Supreme court of the state of Washington in the 
Yakima count}" case of AY. 1). Ingalls vs. H. E. An- 
gell, nurserymen can be sued by a purchaser if the 
trees purchased do not prove to be true to the name 
they are sold under. The case which brought about 
this decision wuis brought into the Su})reme court on 
an ajopeal from the Superior court of A'akima county. 
The details of the case are as follows: 
AY. D. Ingalls, a nurseryman, bought 500 peacii 
trees from H. E. Angell with the understanding, he 
states, that they were of the Carman variety. Air. In¬ 
galls sold the trees to Bert Fletcher, a large grower 
of the state. The latter found the trees w^ere not Car¬ 
mans. He therefore brought suit against Air. Ingalls 
and got judgment. The expense of Air. Ingalls in de¬ 
fending the suit, employing attorneys, etc., amounted 
to $2,306.45. For this sum he brought suit against 
Air. Angell. The Superior court of Yakima county 
threw out the case because it had not been brought 
within three years from the time the sale was made. 
Upon appeal, however, the Supreme reversed the de¬ 
cision of the Su])erior court, with instructions to over¬ 
rule the demurrer.— Florists’ llcricd'. 
QUERCUS FALCATA, 
An exceedingly handsome and desirable Oak for 
ornamental planting is the (^uercus falcata, common¬ 
ly called Spanish Oak, for what reason does not ap¬ 
pear. As it abounds in a wild condition from Penn¬ 
sylvania to Florida, the only reason why it is not 
oftener seen in cultivation is because nurserymen 
stick to a few old timers, for the reason that these old 
kinds in cultivation have become well known, hence 
customers ask for them. If falcata was to be had of a 
planting size, it would be desired on every lawn as 
soon as its merits were known. 
Botanies give the range of the falcata as from New 
Jersey to Florida, but a few" trees of it are to be found 
in Southern Pennsylvania, which is not to be thought 
strange, as across the Delaware in New Jersey it is 
abundant. 
A distinguishing character of the Quercus falcata 
is its foliage and its varying forms of it. Some of the 
leaves, even on the same tree, are far more divided 
than others; then the lobing varies as well, but most 
of all it stands apart from all others in the rusty 
down of the underside of its leaves. This downy ap¬ 
pearance varies greatly in different trees. The few 
trees the writer knows of in a wild state in Pennsyl¬ 
vania are not nearly as dow"ny as those across the 
Delaware in New Jersey. But wherever grow"ing, 
and it has all the room it wants, it develops to a large 
tree of 80 feet or so in height, and with a well formed 
s])reading outline. The manner in which the clusters 
of leaves hang down from the ends of the branches 
gives to the tree a plumelike aspect differing from 
