252 
THE NATIONAL NURSERYMAN 
trouble for some or all of us, and as then stated as the 
opinion of your Committee, the enactment of this law was 
not a subject of congratulation, hut rather one that 
should be viewed with regret. 
In March, 1914, the Federal Horticultural Board issued 
an order absolutely prohibiting the importation of for¬ 
eign nursery stock through the mails, on account of the 
difficulty of properly inspecting such shipments. 
In February, 1914, the Federal Horticultural Board is¬ 
sued an order prohibiting the importation of any nursery 
stock affected with crown gall. 
State Legislation 
State of New York. —In our report of June, 1913, ref¬ 
erence was made to a bill introduced in the New York 
Legislature during the previous winter, but which failed 
of passage. It was again introduced in the Legislation 
during the session of 1913-14 and was handled by the 
Legislative Committee of the New York State Nursery- 
//. F. Hillenmeyer, Lexington, Ky. 
men’s Association, with the co-operation of this Com¬ 
mittee. The bill was introduced and urged by the rep¬ 
resentatives of the fruit growing interests, with whom 
the Nurserymen’s Committee had numerous conferences, 
resulting in the formulation of a bill containing no very 
serious provisions and applying only to the New York 
State Nurserymen. Full information has been given in 
the trade papers. 
The law as passed is an amendment to the existing 
agricultural law and applies to the grower, wholesaler 
and retailer. It provides, in substance, for a certificate 
of inspection to be attached to each bundle or package, 
and that a label specifying the name of variety shall be at¬ 
tached to each bundle or package, and in case such 
bundle or package shall contain trees of different var¬ 
ieties, there must be attached to each tree therein a like 
label. 
It provides that any purchaser, of fruit bearing trees 
who thinks that he has been damaged because the trees 
have not proven true to name as labeled, may have a 
remedy in a civil action, and that such action may be 
brought at any time prior to the third bearing year; but 
on the other hand it provides that the purchaser must 
notify the nurseryman as soon as he has reason to believe 
that the trees are not true to name, even though the point 
may not then be definitely determined, so that if there is 
any suspicion that the trees are untrue to name, the nur¬ 
seryman may have an equal opportunity with the pur¬ 
chaser for observation and investigation. If such notice 
is not promptly given to the nurseryman, the purchaser 
would have no remedy in court. 
It provides further that in any action to recover dam¬ 
ages “the seller shall have the burden of proof in estab¬ 
lishing that any contract not in writing, or any provision 
of any such contract, exempting the seller from liability 
or limiting his liability, was fully understood and agreed 
to by the purchaser;” and further, that this clause must 
be printed on all contract blanks and a copy of the con¬ 
tract left with the purchaser. The intent of this section 
“Pete” Youngers could not get enough of Cleveland water 
is to provide that when, as is frequently the case, the nur¬ 
seryman proposes to limit his liability, that the contract 
should be plainly expressed in writing, and when so ex¬ 
pressed should be conclusive, but should there be no 
written or printed contract, then the burden of proving 
that the purchaser fully understood the limited liability 
feature of the agreement lies with the seller. Under 
this law the safer plan for both the nuseryman and pur¬ 
chaser is to have a written or printed contract covering 
the terms of the transaction. 
The law further provides that the nurseryman must 
accompany the shipment of the trees with an itemized list 
of the same, and if requested by letter or in writing on the 
contract by the purchaser at time of purchase, the nur¬ 
seryman must show on this itemized list the name of the 
county and state where the trees covered by it were 
grown, and the age of the trees and the name and address 
of the person for whom the trees were grown. 
It is further provided that within five days after the re¬ 
ceipt of the trees and list by tbe purchaser, that he shall 
