THE NATIONAL NURSERYMAN. 
i io 
TO TEST THE LAW. 
Aggressive Work by Legislative Committee of American Associa¬ 
tion-West Virginia, Michigan and Connecticut Regula¬ 
tions to Be Attacked—Preliminary Report, 
Chairman William Pitkin, Rochester, N. Y., has received a 
number of inquiries during the past few days as to the action 
taken by the Legislative Committee of the American Associa¬ 
tion of Nurserymen, which was authorized at the Detroit Con¬ 
vention to consider the legality of certain state legislation 
regulating shipments of nursery stock, and authorized to pro¬ 
cure a legal opinion on the matter. Believing that the mem¬ 
bers of the Association are anxious to know the situation he 
takes the liberty of making the following report : 
The committee has taken up the laws in Virginia, West Virginia, 
Michigan and Connecticut, and has secured a legal opinion in the mat¬ 
ter from attorneys whom we believe to be competent. 
Our attorneys pronounce the Virginia statute as good law, and see no 
way in which it can be successfully attacked. Our attorneys advise us 
that the West Virginia statute is bad law, and can be easily upset, for 
the reason that the provision requiring a license in each county is 
plainly for revenue, and not for the protection against disease, and is 
therefore an attempted regulation of Interstate Commerce and invalid ; 
and that the provision requiring fumigation of foreign stock shipped 
into the state is also invalid as an attempted regulation of Interstate 
Commerce. 
Our committee decided to notify the West Virginia ' authorities that 
we should advise the members of our Association to attach to each 
package going into the state the regular inspection certificate, and say to 
them that we should decline to pay the license, and should decline to 
fumigate, believing that the provisions of their law were unconstitu¬ 
tional, and that we would be glad to arrange for a test case. 
Our attorneys advise us to make shipments as usual, with certificates 
of inspection attached, and tell us that if the local authorities attempt 
to hold up our goods, and in that way collect the license fee, that such 
authorities must first give bonds before an attachment will hold, and we 
can then either give bonds and release the goods and make our deliver¬ 
ies, or, if the goods are damaged by the attachment and the ensuing 
delay, the bond would be responsible for the loss after the case was 
fought through. 
As to the Connecticut law, the statute requires fumigation of all for¬ 
eign stock entering the state, but the penalty is not very burdensome, 
for the law simply provides that if nursery stock is received into the 
state without a fumigation certificate, the consignee may call on the 
State Inspector to inspect the stock, and may deduct the expense of the 
inspection from the amount of the consignor’s bill. Should that be 
done in any case it would be a very easy matter to test the law by 
bringing suit against the consignee for the full amount of account, and 
our attorneys advise us that there can be no doubt about the outcome 
as the statute discriminates against outside nurserymen by requiring 
fumigation only of foreign stock, and is therefore invalid and unconsti¬ 
tutional as an attempted regulation of Interstate Commerce. 
As to the Michigan law, the statute requires that every nurseryman or 
dealer doing business in the State, whether resident or non-resident, 
must file a certificate and pay a license fee of $5.00. The non-resident 
must file the inspection certificate of his own State. Our attorneys 
advise us that these requirements are reasonable and valid, and we advise 
the members of the Association to comply with these provisions. The 
Michigan law further requires that all nursery stock shipped into the 
State must be fumigated and bear the certificate of the shipper that it 
has been fumigated. This provision does not apply to home-grown 
nursery stock, and our attornej 8 advise that it is unconstitutional and 
invalid as an attempted regulation of interstate commerce. The statute 
further provides that a bond of $1,000 must be filed, conditioned on the 
full observance of the law in all its particulars. Our attorney’s opinion 
is that this provision is invalid and cannot be enforced, because the 
filing of the bond is not necessary to the proper carrying out of the 
inspection purpose, and further, that the bond requires compliance with 
all the provisions of the law some of which are plainly unconstitutional 
and invalid ; and they advise us to file the certificate, pay the license fee, 
and decline to give bond, and decline to fumigate the stock and attach a 
fumigation certificate. 
Our Committee will take the matter up with the Michigan authorities 
on this line, and ask for a test case. Our attorneys tell us that if we ship 
goods into the state on this plan that there is no provision in the law 
authorizing confiscation of the goods,—possibly the goods may be held 
up by attachment, but if so the authorities must give bonds, and the 
shipper can give bonds and release and then fight the thing out, and 
should damage result the bond is responsible for the damage. 
We do not consider it likely that either West Virginia or Michigan will 
attempt any wholesale confiscation or hold-ups after they are advised 
that it is proposed to test the law, for the reason that the officials will 
not be likely to give a multitude of bonds, as they would have to do if 
they attempted a wholesale hold-up, but are more likely to be content to 
attach one shipment and make a test case, and find out where they stand 
before going further. This I think is the situation up to date. 
Yours truly, Wm, Pitkin, 
Xono anb Short. 
Grafting knives are specialties with Maher & Grosh Co., Toledo, O. 
Wood labels for nurserymen are sold by Benjamin Chase, Derry, N H. 
Evergreen and forest tree seedlings can be had of R. Douglas’ Sons, 
Waukegan, Ill. 
W. C. Reed, Vincennes, Ind., offer in carload lots choice fruit and 
ornamental stock. 
Jackson & Perkins Co., Newark, N. A., offer in another column a 
list of special surplus. 
The fall announcement of McNary & Gaines, Xenia, O., in another 
column is of interest. 
Fruit stocks and seeds, raffia and specialties are offered by Thomas 
Meehan & Sons, Dreshertown, Pa. 
Natural Virginia Peach pits, Apple seedlings and Grape vines at 
Emporia Nurseries, Emporia, Va. 
The Southern Nursery Co., Winchester, Tenn., offers Apple, Peach, 
Pecan, Cherry, Evergreens and No. 1 Roses. 
Laurel-leaf Willows, Norway Maples, and other fine ornamental stock 
may be had of E. Ferrand & Son, Detroit, Mich. 
W. N. Scarff, New Carlisle, O., have almost anything in small fruit 
plants, including Haymaker, the new raspberry. 
J. G Harrison & Sons, Berlin, Md., call attention to their announce¬ 
ment in another column of trees ready for shipment. 
Knauth, Naehod & Kuhne, William Street, New York City, have a 
general list of nursery stocks grown by Barbier & Co., France. 
The Cedar Hill Nursery and Orchard Co., Winchester, Tenn., has 
natural Tennessee and North Carolina Peach pits, crop of 1903. 
E. S. Welch, Shenandoah, la., has Apple in large assortment; also 
Plum, Peach, Cherry and Pear ; Roses, Shrubs, Ornamental trees. 
August Rolker & Sons, Barclay Street, New York, are agents for 
Elmire Sebire, Ussy, France, growers of nursery stock and seedlings. 
WABASH RAILROAD RATES. 
On October 3d to 7th inclusive the Wabash Railroad will sell round 
trip tickets from Buffalo to Denver, Col. Rate $42.00, good for stop¬ 
overs and limited to October 31st. 
On October 7th to 16th, the Wabash Railroad will sell tickets to San 
Francisco or Los ADgeles and return, from Buffalo, at rate of $81.70. 
Tickets good going arid returning via diverse routes and limited to 
November 30th. Allow stop overs. 
Daily until November 30th, the Wabash Railroad will sell one way 
colonist tickets from Buffalo to San Francisco, Los Angeles. Portland, 
Seattle, Tacoma, Victoria and Vancouver, B. C., at rate of $42.50. Cor¬ 
respondingly low rates to intermediate points. 
On first and third Tuesday of each month until November 17th inclu¬ 
sive, the Wabash Railroad will sell one way and round trip tickets at 
greatly reduced rates to many poinls in the West and Southwest. For 
further information write R. F. Kelley, G. A. P. D. 
James Gass, N. Y. S. P. A., 287 Main street, Buffalo, N. Y. 
