THE NATIONAL NURSERYMAN 
17 
the adoption of trade marks, that our market apples of the 
future must come from this section. This for the reason that 
while in other less remote regions trees were propagated by 
either grafting or budding, here for seventy yearn the people 
had been planting seed of their best apples. The excellence 
of these varieties engaged our attention, we made full inves¬ 
tigation, carefully tracing origin and history. Becoming con¬ 
vinced that these were valuable varieties, possessing worth, 
merit, decided to introduce them; but never claimed to orig¬ 
inate, as is stated in your article. On these varieties we 
adopted and placed a trade-mark or brand to designate and 
distinguish these trees as propagated and furnished by our 
nurseries from trees propagated and furnished by others; in 
short, to give customers our guaranty that they would receive 
exactly what we represented, thereby protecting them from 
fraud, deception or mistake on the part of others engaged in 
the business of furnishing nursery stock to the fruit-growing 
world. It is unnecessary to go into details, explaining the 
restrain them, desire to step in, reap where we have sown, 
share equally in the demand and market we have established 
by our labor, expenditure for testing, advertising, etc. This 
infringement was slight at first and we paid very little atten¬ 
tion to it; becoming bolder, however, in time nurserymen of 
this class began to include our trade-marks in their price 
lists, order blanks and printed matter generally; also to mis¬ 
represent us, our position, our claims, our motives, etc., to 
such an extent forbearance has ceased to be a virtue. Think¬ 
ing because we had paid no attention, that they could infringe 
with impunity, they have become bolder and bolder. 
SUITS INSTITUTED. 
Reaching the conclusion that it was necessary to call a halt, 
we instructed our trade-mark attorney at Washington, D. C., 
to institute suit against Schulze Bros., of Brussels, Ill., and 
Wild Bros., of Sarcoxie, Mo. He did so, but not being familiar 
with the court calendars of each state, instituted suits at a 
time which would bring the Wild suit up for trial first; at 
Packing House at W. C. Reed’s Nurseries, Vincennes, Ind. 
fraud and deception practiced by unscrupulous people en¬ 
gaged in the nursery business, dealers, etc., or of the actual 
mistakes made, as you and every nurseryman is fully familiar 
with it; fully cognizant that perhaps in no line is the buyer so 
much dependent upon the honesty of and care exercised by 
the firm from whom he purchases goods as in the nursery 
business. 
TRADE-MARKS RESPECTED. 
These trade-marks or brands we are glad to say have been 
respected by the responsible nursery companies in the country 
almost without exception. In fact, we have in our possession 
recent letters from almost all firms of recognized standing, 
promising their assistance in our present litigation, stating 
that they recognized our moral as well as legal right, many of 
these offers coming entirely unsolicited. 
As stated above, we have suffered no infringement since 
the adoption of these trade-marks, except in the case of a 
few firms, who, not possessing the ability to advance or lead 
in any line, and without the necessary moral rectitude to 
same time had made his arrangements, collected necessary 
evidence, etc., expecting to try first the suit against Schulze 
Bros. 
This state of affairs becoming apparent and it being impos¬ 
sible for attorney to be in Sarcoxie, the usual request was 
made through local attorneys that case be continued. To 
this Mr. Wild positively refused to agree; hence our only 
resort was to dismiss suit against Wild, which we did at a cost 
of $8.75. Our case against Schulze Bros, is now under way, 
part of the depositions having been taken. The case is dock¬ 
eted, the complete evidence will be presented and a decision 
rendered at the next term of circuit court held at Hardin, 
Calhoun Co., Ill., to be held April next. It is our intention to 
attend to Mr.Wild as soon as the Schulze case is decided, not 
only in matter of infringement but for other responsibilities, 
among them this one which you have enabled us to locate. 
However, this is neither the time nor the place to declare 
intentions. 
We beg pardon for’so long a letter, but wanted you to have 
