The National Nurseryman. 
FOR GROWERS AND DEALERS IN NURSERY STOCK. 
« 
Copyrighted !9o4 by The National Nurseryman Publishing Co.. Incorporated. 
“Advertising is necessary for the future success of any business firm .”— Lafayette Young, Des Moines. Ia. 
Vol. XII. ROCHESTER, N. Y., MARCH 1904. Mo. 5 
NURSERY INSURANCE. 
Chairman Albertson, of National Association Committee, is 
Procuring Data for a Report —Questions for 
Nurserymen to Answer-Proposi¬ 
tion for Mutual Company. 
E. Albertson, Bridgeport, Irid., chairman of the committee 
appointed by the American Association of Nurserymen, has 
sent out the following self-explanatory notice: 
At the last meeting of the National Nurserymen’s Association in 
Detroit in June, the subject of insurance on nursery storage buildings, 
grafting rooms, offices (when on packing grounds) and contents of 
buildings, was treated in a paper by G. C. Perkins, followed by short 
discussion, but owing to lack of statistics on which to base calculations, 
nothing definite could be done or proposed. 
The Association was very much interested in the subject, and the 
undersigned were appointed a committee to collect such statistics as 
could be gotten together and make as full an investigation of the subject 
as possible, and if practicable to formulate some plans, or bring some 
suggestions for the organization of a mutual company of our own that 
would give us insurance at actual cost, or at least at lower rates, and 
report at the next meeting. 
That we may be able to make as full and complete a report as possible, 
we have prepared the enclosed list of questions, which we think covers 
the ground, though we shall be glad for any additional information, 
or suggestions, that you may be able to give us, and we hope that you— 
one and all—will give this your careful attention, and answer as fully 
and accurately as possible the questions on enclosed blanks, and return 
same promptly. And we pledge ourselves to make as full a report 
as possible to the next Association, and hope we may be able to present 
some definite plans on which immediate action may be taken for our 
mutual benefit. 
Among the questions and propositions presented are the 
following: 
If a mutual company were organized on a thoroughly practical safe 
basis, meeting with your approval, how much insurance would you like 
to carry? 
If such a company were organized, would you be willing to pay as 
much as 1 per cent. ($10) on the thousand a year on amount of your 
insurance for two, three, or four years to accumulate a reserve, after 
which premiums might be reduced as considered safe by executive 
officers? Reserve to be held and handled by a good trust company, 
to whom all payments would be made, and who would pay out all 
monies only on order of the company—thereby guaranteeing the safety 
of all funds. 
Would you be willing to be one of one hundred, or more, to make a 
cash payment into the company of $250 to establish at once a reserve 
of $25,000, this $250 to be credited on your insurance at rate of one half 
of 1 per cent, per year until used up, and other one half of 1 per cent, 
to be paid each year in cash? 
If company were organized on basis indicated, we would not have 
to bother about short time insurance on stock in storage, but full in¬ 
surance w'ould be carried through the year, no new policies to be both¬ 
ered with, or old ones to lapse, if dues w r ere paid, and it heavy losses 
were not met with, reserve would soou be sufficient to carry insurance 
without further premium, and all monies paid would be into our own 
treasury, and not into some insurance company, never to be seen again 
unless we met with loss. Risks should be limited to safe amount of 
$10,000 to $25,000, as company might approve, being governed by 
amount of insurance in force, reserve fund, and other conditions, which 
statistics, etc., might indicate. Few oldline companies want to carry 
as much as $10,000 in one risk. 
The other members of the committee are George C. Perkins 
and William Pitkin. Replies should lie sent to the chairman 
at Bridgeport, Ind. 
AN IMPORTANT TRADE MARK DECISION. 
The Circuit Court of the United States in the City of Boston 
handed down, October 26, 1903, a decree restraining Thayer 
& Co., Cambridge, Mass., from using the word “Painkiller” 
upon a compound made by themselves and granting a per¬ 
petual injunction against their using this name, which was 
adopted many years ago by Perry Davis, of Providence, R. I., 
to designate his medicine, and is now the property of his 
successor, The Davis & Lawrence Co., New York. 
The effect of this and other decisions makes it quite clear 
that no one but the owners of this trade mark has the right 
to use the name “Painkiller” upon their compounds. 
MANY BELIEVE GANG DISTINCT. 
Since publishing the explanation by Stark Bros. Nurseries 
& Orchards Company, Louisiana, Mo., regarding the trade 
mark case, we have received many letters expressing satis¬ 
faction with the statement. 
Prof. E. J. Wickson, of the Agricultural Experiment Station 
at the University of California, Berkeley, Cal., writes: 
“I have read with much interest your issue of February 
and am pleased with the fairness of your comments on the 
Black Ben Davis-Gano question. I am now carefully study¬ 
ing the two conflicting committee reports and the evidence 
submitted by the Arkansas committee. . So far it seems to me 
the Arkansas report is unimpeachable and very significant. 
N. H. Albaugh, Phoneton, O., writes: “I was especially 
pleased that you published Stark Bros/ letter on their “Trade 
mark” fruits, in last number. Starks are undoubtedly right 
in this matter. A trade mark is and should be a protection.” 
Others who have written similar letters are: A. Bentley, 
Farmington, Ark. ;P. M. Love, Carlsbad, N. M.; J. H. Johnston, 
Brashear, Mo.; W. T. Davis, Buchanan Co., Mo.; W. 0. 
Norval, Oklahoma City, Okla.; Frank Greene, Farmington, 
Ark.: S. T. Cole, Clyde, Ark.; Charles H. Maxson, Kalamazoo, 
Mich.; Frank Holsinger, Rosedale, Kan.; Nathan B. Williams, 
Fayetteville, Ark.; Henry Schroeder, Sigourney, Ia. 
R. M. Kellogg, of Three Rivers, Mich., well known as a grower of 
small fruits, died at his home, February 17th, after a brief illness. 
