234 
THE NATIONAL NURSERYMAN 
JUDGMENT IN FAVOR OF W. C. REED IS SUSTAINED 
The following decision was rendered by Judge Lewis 
April 29th in regard to the application of the defendant 
for a new trial in the Colorado Inspection Case after being 
under consideration some three months. 
UNITED STATES OF AMERICA,) ; 
District of Colorado, ) ‘ 
In the District Court of the United States for the 
District of Colorado 
No. 569s 
W. C. Reed, Plaintiff, 
vs. 
F. L. Rounesvell, Defendant. 
The jury returned a verdict in favor of the plaintiff in the 
sum of S152.42, on which judgment was at once entered, 
and for costs expended by the plaintiff. Defendant on 
argument of his motion for a new trial calls attention to 
Section 968 Rev. vStats. which prohibits the allowance of 
costs to a plaintiff who recovers less than $500. It seems 
that the Court erred in the rendition of judgment in that 
respect. 
Van Siclen vs. Bartol, et al., 96 Fed. 796; 
Allen vs. Fairbanks, 45 Fed. 445; 
Maxwell vs. A. T. & S. F. R. Co., 34 Fed. 286, 291; 
McKay vs. Jackman, 17 Fed. 641, 644. 
Error is also alle^ged on the action of the court in placing 
the burden of proof. To sustain this point, Wilkes vs 
Dinsman, 7 How. 89, is relied on; but the burden in such an 
issue as this was put upon the defendant in Lawton vs. Steel, 
152 U. S. 133, and later approved in North American Cold 
Storage Co., vs. Chicago, 211, U. S. 306, 316. Pearson vs. 
Xehr, 138 III, 48 holds the same. 
The motion for a new trial will be overruled and the 
judgment corrected as to the matter of costs. 
Robt. E. Lewis, District Judge. 
Dated Denver, Colo., April 29th, 1913. 
(Endorsed) 5695 U. S. district court, district of Colorado. 
W. C. Reed vs. F. L. Rounsevell. Memorandum of 
Opinion on Motion for New Trial. Filed Apr. 29, 1913, 
Charles W. Bishop, Clerk. A true copy. 
Teste: 
Charles W. Bishop, Clerk. 
By Albert Frego, Deputy Clerk 
The suit grew out of the condemnation and destruction 
of a lot of approximately 10,000 Apple trees shipped over 
two years ago by Mr. Reed to a customer in Colorado. Mr. 
Rounsevell, then State Inspector, condemned the trees and 
ordered them destroyed, claiming that they were affected 
with crown-gall and other dangerous diseases. 
The Western Nurserymen’s Association took up the case 
and subscribed a fund of $250 to help fight the case. Other 
individual Western nurserymen added $500 more, and at 
the annual meeting of the American Association of Nursery¬ 
men, held in Boston, last June, the details were laid before 
the Association and an appropriation of $1,000 was voted, 
making a total of $1,750 available. 
SUGGESTIONS FOR TRANSPORTATION 
COMMITTTEE 
New York, May 19, 1913. 
Committee on Transportation, 
American Association of Nurserymen, 
Mr. D. S. Lake, Chairman. 
Dear Sirs: 
In your interesting report at the Boston meeting of the 
Association last year there are two or three matters that it 
seems desirable should have further consideration and action 
at the Portland meeting next month, viz.: 
(1) The complicated “official classification’’ situation. 
(2) The tendency toward official action in changing the 
classifications, as you state in your report, with “little chance 
the shippers have of learning of a change until after it has 
been made.’’ 
(3) And perhaps more important than all to the Nursery 
interests of the country—the adoption of a plan of co¬ 
operation between our Association and the trunk line officials, 
by which the vexatious delays and enormous losses resulting 
from the lack of despatch in the transportation of nursery 
, stock may be, in a measure at least, eliminated. 
(1) The practical working out of the official classification 
problem is manifestly so complicated from the varied interests 
involved and the lack of adequate legislative authority under 
which the Government Commissioners are acting, that it 
appears hopeless to do more than urge this suubject with 
other Trade Organizations, and assist as far as may be the 
public officials having this matter in charge. 
The efforts of your Committee toward this end will 
undoubtedly receive the approval and commendation of the 
Assoication. 
(2) The tendency to change the classification, and by 
this simple process thereby effect a considerable advance in 
rates, is a far more simple and direct proposition. The 
action of the Southern railroads, effective June 12, 1912, in 
changing the car-load classification from sixth to fifth class 
and less than car-load consignments from fourth to third 
class, as stated in your report last year, is a case in point. 
This plan of materially adding to the burden of cost of 
nursery stock transportation is so quietly, so quickly, and so 
easily effected that in the absence of any active organized 
opposition, is it not reasonable to anticipate a similar 
“boosting’’ of rates by the Eastern and Western trunk line 
Associations? The persistent contention for. advancing 
rates by all the railroads will naturally take the course of the 
least resistance, and I believe it of the utmost importance 
that your Committee and the Assoeiation take immediate 
action, if you have not already done so, toward urging, and 
if possible preventing, throughout all the classification 
territorial Associations the changing of these nursery and 
plant classifications, as mentioned. 
(3) But even a moderate increase in transportation rates, 
objectionable as they would be, could hardly be as detri¬ 
mental to the trade and deadly to the whole nursery business 
of the country as the inexcusable delays in transportation. 
Of all the hit-and-miss methods in vogue in this telephone- 
telegraph-and quick transit year of our Lord 1913, the way 
