THE NATIONAL NURSERYMAN. 
59 
the security of the lives, limbs, health, and comfort of persons and the 
protection of property ; or when it does those things which may other¬ 
wise incidentally affect commerce, such as the establishment and regu¬ 
lation of highways, canals, railroads, wharves, ferries, and other 
commercial facilities ; the passage of inspection laws to secure the due 
quality and measure of products and commodities ; the passage of laws 
to regulate or restrict the sale of articles deemed injurious to the health 
or morals of the community; the imposition of taxes upon persons 
residing within the state belonging to its population, and upon avoca 
tions and employments pursued therein, not directly connected with 
foreign or interstate commerce, or with some other employment or 
business exercised under authority of the constitution and laws of the 
United States; and the imposition of taxes upon all property within 
the state, mingled with and forming part of the great mass of property 
therein. But in making such internal regulations a state cannot impose 
taxes upon persons passing through the state, or coming into it merely 
for a temporary purpose, especially if connected with interstate or 
foreign commerce; nor can it impose such taxes upon property im¬ 
ported into the state from abroad, or from another state, and not yet 
become part of the common mass of property therein; and no discrimi¬ 
nation can be made, by any such regulations, adversely to the persons 
or property of other states; and no regulations can be made directly 
affecting interstate commerce. Any taxation or regulation of the latter 
character would be an unauthorized interference with the power given 
to Congress over the subject. 
For authorities on this last head it is only necessary to refer to those 
already cited. 
In a word, it may be said, that in the matter of interstate commerce 
the United States are one country, and are and must be subject to one 
system of regulations, and not to a multitude of systems. The doctrine 
of the freedom of that commerce, except as regulated by Congress, is 
so firmly established that it is unnecessary to enlarge further upon the 
subject. * 
If the selling of goods by sample and the employment of drummers 
for that purpose injuriously affect the local interests of the states, Con¬ 
gress, if applied to, will undoubtedly make such reasonable regulations 
as the case may demand. And Congress alone can do it; for it is 
obvious that such regulations should be based on a uniform system 
applicable to the whole country, and not left to the varied, discordant, 
or retaliatory enactments of forty different states. The confusion into 
which the commerce of the country would be thrown by being subject 
to state legislation on this subject would be but a repetition of the dis¬ 
order which prevailed under the articles of confederation. 
To say that the tax, if invalid as against drummers from other states, 
operates as a discrimination against the drummers of Tennesee, against 
whom it is considered to be valid, is no argument, because the state is 
not bound to tax its own drummers ; and if it does so whilst having no 
power to tax those of other states, it acts of its own free will, and is 
itself the author of such discrimination. As before said, the state may 
tax its own internal commerce, but that does not give it any right to 
tax interstate commerce. 
The judgment of the Supreme court of Tennessee is reversed, and 
the plaintiff in error must be discharged. 
A similar opinion in a similar case was given by Justice 
Brewer of the United States Supreme court, on appeal from the 
decision of the Supreme court of Pennsylvania, April 30, 18Q4. 
J. W. Brennan, an agent for J. A. Shephard, manufacturer of 
picture frames and maker of portraits, Chicago, was engaged 
in soliciting orders for his employer in the city of Titusville, 
Pa., when he was arrested and fined $25 for not having a 
license required under an ordinance of the city of Titusville. 
The Supreme court of the state affirmed the judgment. The 
Supreme court of the United States reversed this judgment on 
appeal. Justice Brewer in his opinion said : 
“ The question in this case is whether a manufacturer of 
goods, which are unquestionably legitimate subjects of com¬ 
merce, who carries on his business of manufacturing in one 
state can send an agent into another state to solicit orders for 
the products of his manufactory without paying to the latter 
state a tax for the privilege of thus trying to sell his goods. It is 
true, in the present case, the tax is imposed only for selling to 
persons other than manufacturers and licensed merchants ; but 
if a state can tax for the privilege of selling to one class it can 
for selling to another, or to all. In either case it is a restriction 
on the right to sell, and a burden on lawful commerce between 
the citizens of two states. It is as much a burden upon com¬ 
merce to tax for the privilege of selling to a minister as it is for 
that of selling to a merchant. It is undoubtedly true that 
there are many police regulations which do affect interstate 
commerce, but which have been and will be sustained as 
clearly within the power of the state ; but we think it must be 
considered, in view of the long line of decisions, that it is 
settled that nothing which is a direct burden upon interstate 
commerce can be imposed by the state without the assent of 
Congress, and that the silence of Congress in respect to any 
matter of interstate commerce is equivalent to a declaration 
on its part that it should be absolutely free. That this license 
tax is a direct burden upon interstate commerce is not open 
to question. If a state may lawfully exact it, it may increase 
the amount of the exaction until all interstate commerce in 
this mode ceases to be possible.” 
In view of the decisions and opinions quoted, the attempt 
to enforce a tax regulation of the kind mentioned has been 
practically abandoned. 
THE SEASON’S TRADE. 
From all sections of the country this spring come reports of 
an unusually heavy trade in nursery stock of all kinds. The 
West especially has felt an increase even of the heavy business 
of last fall. There has been a clean-up in most sections— 
pears, plums and cherries were short of the demand. The 
apple-seedling trade closed strong in the West with many small 
orders not filled. The prices have remained steady showing a 
health^ demand and a moderate supply, and the indications 
are for good prices on apple for several years to come. 
It is thought that the price of cherry may drop off some in 
the next two years in consequence of a large plant of Mahaleb 
this spring ; the anticipation of this, however, did not stop the 
planting. 
The stock of peach in the South was not sufficient to supply 
the demand and there was a strong sale on the fruit trees. 
Orders aggregating 100,000 peach trees have been turned down 
by one nurseryman in Maryland. Canadian advices are to 
the effect that there has been a brisk demand for nursery stock 
throughout the provinces. In many cases light trees have 
been used. 
RABBIT-PROOF FENCE. 
In a bulletin, Prof. H. Carman of the Kentucky Experi¬ 
ment Station, at Lexington, says regarding damage by rabbits: 
I have examined nurseries in which 25 per cent, of whole blocks of 
apple trees was so badly gnawed as to be worthless. When trees are 
from one-half to one inch in diameter of trunk the bark alone is com¬ 
monly eaten, but they may be completely girdled for a distance of eight 
or ten inches up the trunk. Very young trees (one-year olds) are some¬ 
times cut off by the sharp incisors as cleanly as if severed with a knife. 
Hunters cannot be given the freedom of a nursery, because of the 
damage done to trees by charges of shot. Dogs alone are not a com¬ 
plete protection. Other means are a necessity at times. 
