340 
THE NATIONAL NUESERYMAN 
NO LICENSE REQUIRED IN MONTANA 
V()uiig(M‘s. Chairman of the Legislative Coin- 
milt(M‘ \\('sl of lh(' Mississij)|)i Liver, sends llie following 
eo|)y of llie dodsion in I1 h‘ Montana Inspeetion Law trial. 
L\ TIIL DISTHlC/r COURT OF THE THIRTEENTH 
JUDICIAL DISTRICT OF THE STATE OF 
MONTANA, IN AND FOR THE COUNTY OF 
YELLOWSTONE. 
Fruit, Pcsls, - - Defendants \ 
E. S. Welch, PlaintilT 
-vs- ) Judgment. 
and R. E. Raneroft, as Inspector of \ 
M. L. Dean, as State Hortieultni'ist ^ 
The restraining order issued lunaMii was dissolved 
upon the lu'aring of tin' motion to dissolve sanu‘. from 
\\ hi(*h action an a])i)(‘al was j)roseent('d hy plaintilf to the 
eessary inspectors’ certificates for the stock of fruit 
trees, plants and nursery stock mentioned in plaintiff’s 
complaint herein and heretofore insj)eeted by said defen¬ 
dant; that the said defendants and each of them, their 
sei'vants, agents, attorneys and employees are enjoined 
and restrained from interfering witli plaintiff’s business 
of selling nursery stock in the State of Montana; that 
they inspect all fruit trees, plants and nursery stock ship- 
])ed into the Stale of Montana hy plaintiff herein and 
when found free from disease, insects and pests they 
issue the usual inspector’s certificate therefor upon the 
payment of the usual inspection fees and without requir¬ 
ing plaintiff to pay any license fee or file any bond as 
required hy sections 1935 and 1936 of the Revised Codes 
of the State of Montana, as amended hy Chap¬ 
ter 121 of the Laws of 1911, or hy any 
other law of the State of Montana, and that they, 
Bird's Eye \leLV Of Mount Arbor Nurseries 
su|)iem(' coiii'l of this slate and said order of the trial 
court I'l'vt'i'si'd on said aiipeal. Umh'r the law of the 
casi', as fixi'd hy llu' decision of the supreme court of 
Montana and under the admitted facts, [ilaintilf is en¬ 
titled to the judgment and decree of this court prayed 
lor ill his comjilaint. Robert C. Strong. Esq., County 
AtloriK'y and eoimsid for defendauls herein, has con- 
simiIimI that judgiiKMit may hi' enleri'd herein in accord- 
anei' with thi' prayer of said complaint. 
WiiEUEFOiiE. hy reason of the law and the premises 
afori'said, it is ohdeiikd, .vd.i udged .vnd decueed. That thi' 
defi'iidaiil R. Iv Raneroft. furnish |)laiiilitT with the iie- 
their servants, agents, inspectors and employees and all 
persons acting in aid of them are forever enjoined from 
demanding or requiring of plaintiff any license fee or 
bond as a nurseryman for selling and delivering fruit 
trees, jilants and nursery stock in the State of Montana 
from nursery stock outside of the State of Montana at the 
time the orders therefor are taken, and that the defen¬ 
dants. their agents, servants, inspectors and emjiloyees 
and all persons acting in aid of them, are enjoined and 
restrained from in any way or manner interfering with 
or delaying delivery of [ilainliff’s said fruit trees, plants 
Olid nursery stock so shipjied into the State of Montana 
