The National Nurseryman. 
FOR GROWERS AND DEALERS IN NURSERY STOCK. 
Copyrighted 1903 by The National Nurseryman Publishing Co.. Incorporated. 
Vol. XII. ROCHESTER, N. Y., OCTOBER. 1904. No. 10. 
PROTECTION FOR THE ORIGINATORS OF NEW 
PLANT CREATIONS. 
by LUTHER BURBANK, SANTA ROSA, CAL. 
Written Especially for the National Nurseryman. 
TI 10 exclusive rights of authors and inventors are pro¬ 
tected by copyright and patent by the Civil Government, 
and this is right within reasonable limits. But the creator 
of new and valuable plant life has no such protection by law. 
This at first sight, seems a mistake that might be corrected, 
but it can hardly be reached either by patent or copyright, 
for things that live and grow are a law to themselves. 
Slight variations are constantly appearing among the stand¬ 
ard varieties of fruits and other plants, and every seedling 
is a variation, which may or may not be of unusual value. 
Where could the line be drawn between two seedlings that 
closely resembled each other and yet were perhaps originated 
thousands of miles apart by different planters? 
Would not a law to patent or copyright each new plant 
result in much injustice if it should be enforced? Would such 
a law tend to retard progress in selection in plant growing; 
for instance if a farmer produced a better fruit or grain, would 
he not fear to pass it around to his neighbors lest some un¬ 
principled person should take it up, patent it, and so prevent 
even the discoverer or originator from using it himself. 
In all newly settled places it is the kindly exchange of plants 
between neighbors that helps to make the world more beautiful. 
We see this every day in gardens and orchards. If a man has 
anything extra in fruits and nuts, vegetables, grains, or grasses 
it is not of full value to him until he has talked it over with 
his neighbor, and persuaded him to try it, often dividing 
with him his own stock. 
However, no doubt, there can be some protection for the 
plant originator, in laws prohibiting anything in plant life 
being sold under wrong labels, thus preventing the nursery¬ 
man from sending out inferior stock protected by means 
of standard or newer varieties which have been proved of 
worth. The plant originator can also be protected by the names 
which he selects and puts upon his own productions, so that 
no other plant of a similar nature may be given the same 
name thereby confusing purchasers and defrauding the plant 
originator; and that his new creations sent out may not be 
renamed. Such laws enforced would do much to protect 
the plant originator as well as the buying public. 
PLACE OF 1905 MEETING. 
COMMITTEE ON TRANSPORTATION. 
Mr. E. Albertson who has done a good deal of travelling 
during the past two months writes enthusiastically about the 
place of meeting and about the probable attendance. He 
says: “I believe we can rely on an attendance of fully 
five hundred” and remarks that the program committee 
should give us a good three days’ program. 
I 11 regard to the freight business he says: “ I have 
reports from the southern classification committee that they 
have decided to let the classification stand as it is for the 
present; but we think we have accomplished some good in 
holding the classification where it is, and in making the 
acquaintance of these parties. By going before them again 
something may yet be secured in the way of concessions, 
especially if we meet with any success with the Eastern anti 
Western committees.” 
A SHORT LIST OF PERENNIALS. 
The question often arises in connection with the planting 
of the amateur garden, shall we use, annuals or perennials? 
It may be answered in terms of work. If one does not object 
to replanting the border each year and if one likes an appor- 
tunity of having variation in color and variety each year, 
then the annual plant is the one to use, but if on the other 
hand, time is an important factor and expense is a matter 
worthy of consideration, then it is altogether likely, more 
pleasure and quite as good effects would be secured by using 
perennials. 
If one were asked for a choice collection of half a dozen 
perennials, it would undoubtedly be difficult to narrow 
it down to that small number. If this were necessary, how¬ 
ever, our choice would be the following and these are given 
in the order of their flowering. The first is Aquilegia. This, 
is perhaps better known under the name of Columbine. 
It is the first of the showy perennials to appear in spring. 
There is a great variety of color, from the pink and white 
of the wild one, to the deep blue of the Russian and the yellow 
of Chrysantha. 
I suppose we cannot do without Sweet William, because 
this carries with it a wealth of sentiment that is indispensible. 
Then the perennial Phloxes as they are now improved, are 
among the most desirable occupants of the perennial border. 
We would naturally think of Larkspur as following the Phloxes 
Although it begins to bloom about the same time, its season 
of blooming is longer. Like the Columbine there is an in¬ 
finite variety both as to size and color, and some of the finest 
effects we have seen have been secured by planting these 
with respect to size and color. 
The Hollyhock must not be forgotten. It is another old time 
favorite and becoming perhaps increasingly difficult to grow 
on account of rusts and fungous enemies. Yet like the 
Sweet William we cannot be without it. Whether we should 
have Gaillardia or Fox-glove will be simply a matter of choice. 
Of course if we could extend the varietal period we would 
use the former because it will come in when those already 
mentioned have gone out of bloom, and then Gaillardia has 
been so wonderfully improved of late that it is now indeed, 
a thing of beatuy. Most of these can be raised from seed 
and will bloom the second year. If one can secure roots, 
bloom can usually be had the same year of planting, but 
this is not always possible. By all means have perennials. 
October is an excellent month to plant the perennial border. 
A Lover of Perennials. 
