THE NATIONAL NURSERYMAN 
283 
That the full significance of this action on the part of our 
State Horticulturist may be understood, let it be borne in 
mind that about a year and a half ago the Montana horti¬ 
cultural authorities notified the Mount Arbor Nurseries 
that a license fee would not thereafter be required from any 
nursery located outside the state of Montana, that in the 
meantime there has been no change in the law relating to 
such matters; the nursery has had no notice of any change 
of practice in this regard and has made many shipments into 
Montana for which no fee (except the usual inspection fee) 
was paid or demanded. 
Let it also be kept in mind that some years ago our State 
Board of Horticulture stopped the practice, then inaugurated 
for the first time by our present State Horticulturist, of 
collecting a license fee on goods shipped to licensed nurseries 
in the state and no notice has been given to Montana nursery¬ 
men that this ruling of the Board has been reversed. 
Prompt action on the part of Mr. Youngers and Mr. 
Johnston alone prevented the success of this attempted 
holdup by the Montana Commissioner of Horticulture. 
The word holdup is used after due consideration to 
accurately describe the action of our commissioner in this 
case and its accuracy will not be affected in any degree by 
the decision to be handed down by the court in the injunc¬ 
tion case brought by the attorney for the American Associa-' 
tion. 
It is not at all probable that our commissioner expected 
or desired to have the Mount Arbor Nurseries take out a 
license, which would mean the payment to-him of only $25.00 
for all the shipments that might be made into Montana by 
this firm during the year covered by the license. It is 
highly probable that he did expect and desire to collect this 
$25.00 fee from the consignee of this shipment and a like 
fee of $25.00 from each and every other consignee of any 
shipment of importance that this firm might make into 
Montana during the season, and if successful in this case, 
may we doubt that for every considerable shipment made 
by an unlicensed nursery into Montana during the season 
just closed, some one would be compelled to pay to our State 
Horticulturist the sum of $25.00? 
It does not seem unfair to assume that our comrnissioner 
knew he had neither legal nor moral right to demand this 
fee, unless we suppose that he.acted on the theory that a 
nurseryman is always legitimate prey for a horticultural 
official. We may also safely assiune that it was taken for 
granted the consignee would promptly pay the $25.00 to 
secure the certificate of inspection required by the Montana 
law to make the goods available for filling orders. 
The courts decision in the injunction proceedings re¬ 
ferred to above has not yet been handed down but it expected 
in the near future. It is thought, however, that no matter 
what the decision, the losing side will appeal the case to the 
Supreme Court. 
We cannot too highly commend the prompt and effective 
action of the American Association through its legislative 
committee in this case, as an effective method of dealing 
with an unscrupulous and irresponsible official. 
Acting as individuals the nurserymen would be helpless 
to prevent extortion along the lines attemiffed in this in¬ 
stance. 
Where one could or would resist the holdup, mqny would 
have no choice but to pay the money demanded, to prevent 
a loss of hundreds or thousands of dollars which might 
result from even a few days’ delay in getting the stock re¬ 
quired to fill their orders. 
And bear in mind that no matter how flagrant the wrong 
that might be done to the nurseryman in the manner de¬ 
scribed, after the damage was done he would have no legal 
remedy. 
In this case, as in many others, the official in question is 
under no bond and it is not known that a personal judgment 
against him would be worth more than the paper on which it 
was written. 
REPORT OF THE JOINT COMMITTEE ON UNIFORM 
HORTICULTURAL LAWS 
We, the members of the American Association of Nursery¬ 
men and the Pacific Coast Association of Nurser^nnen, 
realizing that the multiplicity of state laws governing the 
control of injurious insects and diseases on all classes of 
horticultural products are often a menace; and realizing 
that these laws govern particular areas of the country 
which have a diverse horticultural production, and differing 
conditions of soils and climate; and inasmuch as it is a 
well settled fact that depleted soils invite enemies, such as 
insects and diseases, fungus and bacterial elements (which 
is in accordance with natural laws provided for the elimina¬ 
tion of all unfit plant life); and realizing that the growing 
of horticultural products and their free exchange between 
one section of the country and another is often retarded, 
hampered, and in many cases made unprofitable and prohibi¬ 
tive under much of the legislation now in force in the several 
states; and realizing that it is of the utmost importance that 
all horticultural products should be as free as possible from 
injurious insects and diseases, which have at times resulted 
in diverse, drastic and in some cases in unjust conditions 
for the free and equitable exchange of horticultural products 
of all kinds; therefore. 
It is recommended by this joint committee, representing 
in its personnel the American Association of Nurserymen 
and the Pacific Coast Association of Nurserymen, that both 
organizations proceed to provide moneys (to be known as 
the “Horticultural Improvement Fund’’), by a voluntary 
contribution not to exceed twenty-five dollars from the 
firms in both Associations, or others interested in horti- 
ciilture; said contributions to be made within ninety days 
from the date of this notice, and payments to be made to the 
Treasurer of the American Association, for the express 
purpose of providing ways and means to secure uniform 
horticultural laws, as between one state and another, which 
in our judgment is only feasible by the appointment of a 
committee whose duties shall be to secure copies of all 
horticultural laws now in force in all the states and territories 
of the United States; and to make a digest of the same, to 
