THE NATIONAL NURSERYMAN. 
There is a slight formation of steam when the water is poured on the 
acid, but this is not dangerous. When the paper or bag of cyanide if 
dropped in the liquids there is a bubbling similar to that produced by 
a piece of red hot iron dropped in cold water. The dense cloud of so- 
called steam produced is one of the most deadly gases known to chem¬ 
ical science. It has an odor similar to peach pits. The lungs once 
filled with it would produce instantaneous death, therefore, be very 
cautious about breathing it. There is no danger, however, when 
properly used. 
In estimating chemicals, we determine the cubic contents of he 
room. For instance, for a house containing 564 cubic feet, multiply 
by 0.25, as we use 0.25 gramme cyanide per cubic foot. Thus, 564 
multiplied by 0.25 gives 141 grammes, the entire amount of cyanide. 
To reduce this to ounces divide by 28.35, as there are 28 35 grammes in 
an ounce. Thus, 141 divided by 28.35 gives 5 ounces (a fraction less), 
the amount of cyanide needed for this house. The cyanide once deter¬ 
mined, the acid and water are easily estimated. I always r se a half more 
acid (liquid measure) than cyanide, and a half more water (liquid 
measure) than acid. Therefore, if we use 5 ounces cyanide we want 
7^ ounces acid and ll£ ounces water. 
I have found that all high grade, well matured nursery stock can be 
safely fumigated with the 0.25 per cent, formula for one-half hour. 
But if June buds, low grade peach, plum or cherry are to be fumigated 
I recommend using 0.16 to 0.18 gramme per cubic foot, or what is gen¬ 
erally known as the 0.16 to 0.18 formula. 
Fused cyanide is white as snow and resembles lump sugar. If swal¬ 
lowed, a piece the size of a pin’s head would destroy life. Label 
“ poison ” and do not expose to air, as it absorbs moisture readily and 
is ruined. Never fumigate a peach tree twice. Always empty the 
residue left in the jar in some protected place or bury it. 
A perfectly gas tight enclosure is necessary. Many nurserymen 
build their fumigation houses in their packing sheds while others 
erect a simple and inexpensive house. First, a good strong frame is 
built and covered outside with 1^x12 inch Virginia pine boards and 
ix4 inch batting. The interior, including the floor, should be lined 
with two-ply cyclone or heavy rawhide building paper, over which a 
good quality of 4-inch flooring is laid. Any ordinary roof can be 
used. 
NOVEL DEFENSE IN COURT. 
Whether an undue intimacy with intoxicants can be set up 
as a defense in an action where the defendant has signed an 
order for nursery stock and does not wish to pay for the same, 
is the question a Supreme Court jury is wrestling with this 
morning, says the Rochester Post Express of March 15 th. 
Hinman S. Taylor brings suit against John Long, of Fair- 
port, to recover $75 for the non-payment of nursery stock. 
The defense contends that the contract is void on the grounds 
that the plaintiff’s agent, H. M. Golden, plied him with liquor 
until he became pliable enough to sign any paper. The first 
witness called was an employee of the defendant named Lucas. 
He testified to writing a letter to the Rochester firm admitting 
the sale. 
Long was next called, and told a most peculiar story. He 
said he could not read, but was able to sign his name under 
favorable circumstances—that is, when he was drunk. Being 
a victim of nervous disorder, he says, his limbs shake so that 
it is impossible to scrawl his signature unless steadied by 
liquor. The more rum he absorbed, he explained, the prettier 
he could write. On the day he met Mr. Golden in the Kirk¬ 
wood hotel, he said he drank impartially of ale and porter. 
“ I must have been awful drunk to have signed my name to 
that order,” said the witness. He stated he could not remem¬ 
ber signing any paper, but did recollect that he slept a long 
time in the barn back of the hotel. His twitching hands and 
muscles bespoke of his nervous temperament. He told the 
jury before leaving the stand that the barkeeper and the agent 
had to place the glass to his lips each time, as he could not do 
so without spilling it. Therefore, he contends, they literally 
fed him on liquor. 
A motion for a non-suit was denied. After hearing all the 
evidence, Justice Nash directed the jury to find for the 
plaintiff in the sum of $ 76 . 39 . 
LEGISLATION NOT NEEDED. 
Following is a copy of a letter transmitted to the Assembly 
Committee on Agriculture at Albany, N. Y., by Frederick W. 
Kelsey, New York city, under date of March 6 , 1901 : 
Gentlemen —Permit me to add to the expressions of objection that 
have already been made to you against the passage of the bill making 
it obligatory to fumigate all nursery stock before shipment. The 
advocates of this measure appear to have overlooked two very impor¬ 
tant considerations. 
First—That the transmission of the San Jose scale is by no means 
confined to nursery stock, but is disseminated in various other ways, 
including the transmission of the pest in fruit itself. 
Second—That many of the ablest entomologists pronounce the 
stoppage of this dissemination impossible, and that the results need 
not prove specially disastrous if proper care is exercised by those inter¬ 
ested in fruit culture. 
The first proposition indicates clearly enough the injustice of the 
proposed bill, advocated by one class—the fruit growers, at the ex¬ 
pense and detriment of the other class—the nurserymen. If the bill is 
correct in principle it should be made to apply to both classes. In 
other words, it comes with very poor grace for one very dark kettle to 
call the other black. The passage of such a measure would be class 
legislation pure and simple, and as was so ably presented by represen¬ 
tatives of the Nursery Association at a recent hearing, would cause 
great loss and injury to the nursery interests, a very important interest 
of the state. 
We have only to recall the excitement and panic that has been 
caused by the advent of many of the injurious insects to realize that 
history is merely repeating itself in the attempt to remedy irremedial 
causes and effects by legislation. 
There are over-zealous scientists, with a large contingent of well- 
intentioned laymen and other sincere people who see in the advent of 
every new species of destructive bug or fungous insect, immediate or 
prospective destruction of a large part of the vegetable portion of the 
universe. From the locusts of ancient Egypt down to the phyloxera, 
the potato bug, the pear blight, peach yellows, and last but not least, 
the San Jose scale; something must be done by “ legislation,” and that 
quickly, or all will be lost. 
Not one of the dire predictions have ever materialized, and we find 
to-day that many who have given the subject of the San Jose scale the 
most attention, have modified their fears of wide spread evil to the 
conviction that the “scale scare is a bug-aboo ” that will be readily 
controlled by natural and local causes, as has been the experience from 
time immemorial with all this class of insect pests. 
Regarding the second proposition above montioned, no more con¬ 
vincing statement can be made than that recently given out by that 
able and practical scientist Prof. John B. Smith, state entomologist of 
New Jersey, who says: 
“Where the San Jose scale is worst, success in checking it is 
greatest, because the growers are alive to the necessity for active 
operations. Crude petroleum as a winter application will prove the 
most successful insecticide. The mechanical mixture of kerosene and 
water, 10 to 15 per cent, kerosene, answers perfectly for summer treat¬ 
ment. The damage is locally a serious matter and has cost some 
orchardists a few hundred trees; but there ^nothing that has affected 
the total fruit crop. There is no prospect whatever of extermination, but 
every indication that control icill be complete so that none but the man who 
is unfit to grow fruit will be hurt.” 
Here is a direct answer from an authoritative source of unquestioned 
competency and integrity who refutes in the most direct and convincing 
manner the claim of the advocates of the fumigation bill, and thos e 
