282 
THE NATIONAL NURSERYMAN 
of higher freight, but every case called to the attention of 
the transportation committee was investigated promptly 
and advice received from complainant stating the carriers 
had made the necessary correction, therefore, presume that 
by another season no trouble will be experienced on account 
of the dormant and not dormant feature, especially if all 
nurser>Tnen will have their Bs/L printed to read dormant 
trees, dormant shrubbery, etc. 
There also was some complaint about carriers claiming 
according to the new classification all nursery stock had to 
be prepaid. While it is true in the body of all of the classifi¬ 
cations it states nursery stock and shrubbery prepaid, 
there will be found a rule in the front of each one of them 
which allows shipments to go forward collect with charges 
guaranteed as formerly, and should any of the nurserymen 
hereafter have trouble along that line, would suggest that 
they call their agents attention to the rule as referred to. 
Delays : Some complaints have reached the transporta¬ 
tion committee regarding the serious delays that have 
occurred on their shipments, and the F. W. Kelsey Nursery 
Company, New York City, state their shipments have 
been delayed more than usual this season and request that 
the matter be brought before the association at the Portland 
meeting. The transportation committee will be glad to 
assist any of the members wherever possible along any lines, 
but would suggest that each shipper, as far as possible, 
endeavor to look after his own shipments and keep as close a 
tab on them as his facilities will permit. 
■ McHutchison & Company, New York City, desire that 
the transportation committee take up. with the carriers 
the question of a better rating on Bay trees, claiming that 
with a lower rating they would be handled more extensively. 
Bay trees, less than carload, shipped in tubs with tops 
protected are double first-class as compared to fruit trees 
and other nursery stock dormant shipped in bales, first-class. 
The carload rating on Bay trees is class “A”, while on 
dormant trees and shrubbery is class “B”, therefore, in 
view of the fact that Bay trees are of such higher value than 
the ordinary run of nursery stock, your transportation 
committee does not believe the carriers would be willing 
to make anywhere near the same rates on them as govern 
the dormant nursery stock, but if the Association desires 
that the question be taken up, your committee will be glad 
to do so. 
In conclusion, believe the above will in a general way 
give to the Association an idea of what has taken place 
during the past year and of what may take place, or is in 
store for the nurserymen during the next two or three years, 
especially in the way of uniform classification of rates. 
This question should be watched very closely, as when the 
time finally arrives for the same rating, on nursery stock 
throughout the country, that the nurserymen will get as 
equitable rating as they are entitled to. Of course shippers 
throughout the country will endeavor to get the rating which 
will make them the lowest freight rates, while on the other 
hand, the carriers from the same principal will endeavor to 
secure the rating which will return them the most revenue. 
Respectfully submitted, 
Chas. Sizemore, Chairman. 
REPORT OF THE MONTANA COMMITTEE ON 
LEGISLATION 
By D. J. Tige of P. C. A. of Nurserymen 
At the last meeting of the Montana Legislature, two 
laws were passed that effect in some measure the business of 
the nurseryman. 
One provides that the Governor shall by proclamation 
prohibit the importation of nursery ^stock, seeds and, etc. 
(except under such restrictions as he may deem proper) 
from localities in another state, territory or country, when 
he has good reason to believe that any pest or disease, 
dangerous to the horticultural or agricultural industry 
exists in such localities. 
The second provides that any agent who solicits orders 
for a nursery not holding a Montana license, shall first 
secure a license and file a bond with the State Board of 
Horticulture. 
Both measures were introduced in the Legislature by a 
member of the State Board of Horticulture and neither 
was objected to by the Montana mrrserymen’s committee 
on legislation. 
The measure providing for quarantine of certain locali¬ 
ties had the full approval of the nurserymen, the measure 
requiring a license and bond from an agent was thought 
to be open to the same objection as the law already in force 
requiring a license and bond from a nursery, viz.: that as 
an interference with interstate commerce the courts will 
probably decide that it cannot be enforced as against nurs¬ 
eries located outside the state or their agents. 
However, the measure did not seem particularly object¬ 
ionable or important and as qur friends of the State Board 
of Horticulture seemed to set great store by it, the nursery¬ 
men did not oppose its passage. 
A matter that your committee believes to be of much 
importance, was the refusal in the early part of the shipping 
season by the Billings Inspector, acting under direct instruc¬ 
tions from the State Horticulturist, to issue a certificate of 
inspection for a car load of nursery stock shipped from the 
Mount Arbor Nurseries of Shenandoah, la., to a nursery 
at Billings, until a license fee of $25.00 should be paid by or 
for the Mount Arbor Nursery. 
. The goods in question were delivered to the consignee, 
a regularly licensed Montana nursery and were inspected 
and passed by the local inspector, after wihch notice was 
given that an inspection certificate would not be issued until 
a $25.00 fee, plus the regular inspection fee, was paid by 
somebody to the inspector.- 
Peter Youngers, chairman of the Legislative committee 
of the Ameriean Association, promptly wired his attorney, 
W. M. Johnston of Billings, who brought an action .in the 
District Court to enjoin the horticultural authorities of 
Montana from collecting license fees or requiring bonds from 
foreign nurseries, and asked the Court for an order com¬ 
pelling the immediate issue of a certificate of inspection 
covering the car load of stock in question. 
The court gave the desired order, thus making the stock 
available for use pending a hearing and decision in the injunc¬ 
tion case. 
