THE NATIONAL NURSERY:\IAN 
123 
liani H. Stark and the William P. Stark Nurseries have derived, 
received or made during the period within which complainant’s 
said trade-mark is shown to have been infringed beginning with 
the 11th day of March, 1914, and that said complainant do also 
recover from said William P. Stark, Wiilliam H. Stark and the 
William P. Stark Nurseries any and all damages which com¬ 
plainant has sustained by reason of defendants’ infringement and 
unfair competition from and after the 26th day of August, 1916, 
on which date complainant gave notice to defendants of the regis¬ 
tration of its said trade-mark. 
This cause is hereby referred to George A. Neal, Esq., of Kan¬ 
sas City, Missouri, as Master of this court to take and state the 
accounting of said gains and profits, and to assess such damages 
and report thereon with all convenient speed, and said defendants 
are hereby directed and required to attend before said Master by 
its officers, partners, agents and employees from time to time as 
required, and to produce before him such books, papers and doc¬ 
uments as relate to the matter at issue, and to submit to such 
oral examination as the Master may require. 
Said Master, in the taking of said accounting and ascertaining 
said damages, may, if he finds it reasonably necessary so to do, 
employ an expert certified accountant to assist him in taking 
said accounting and determining said damages, and may further 
employ a stenographer to take down the evidence, or any part 
thereof, that may be submitted in this cause and afterwards 
transcribe the same, and all reasonable costs and expenses in¬ 
curred by said Master in the premises shall be taxed as costs 
against said defendants and recovered as other costs that are 
authorized to be paid by defendants. ' 
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that 
a perpetual injunction issue out of and under seal of this court 
enjoining and restraining the defendants William P. Stark and 
William H. Stark, as trustees or individually, and the William P. 
Stark Nurseries; their officers, clerks, attorneys, agents, ser¬ 
vants, workmen, and all persons claiming or holding under or 
through them, from the direct or indirect use of the infringing 
label charged or any colorable imitation of complainant’s trade¬ 
mark in suit, from putting the word “Stark” prominently at the 
top of its labels, or elsewhere in connection with the business of 
producing, advertising and selling nursery stock, in such manner 
as will not unmistakably differentiate their goods and advertise¬ 
ments from those of the complainant’s, and from using the name 
or address “Stark City” upon their labels or tags attached to nur¬ 
sery stock or packages containing the same or from using the 
address “Stark City” in advertising their business and wares. 
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that 
the complainant recover of the defendants its costs of this action. 
taxed in the sum of.Dollars. 
Kansas City, Missouri, February., 1918. 
. Judge. 
THE PAST SEVERE WINTER 
As the season advances, the damage done to evergreens, 
trees and shrubs during the past severe winter becomes 
more apparent. English Ivy on the walls of buildings, 
which in previous winters came through in fairly good 
green color, this year is quite brown and dead as far 
south as Raltimore at least. Hemlocks are severely 
singed, and Roxwood especially in the clipped, pyramid 
and standard forms that were growing in exposed posi¬ 
tions suffered severely, many being killed outright. In 
many locations Rlue Spruce, Concolor Fir have been 
badly browned. At this writing it is a little early to 
judge the damage done to Privet hedges, but it is evident 
many of them have been killed to the ground. 
Due to the covering of snow, tender roses and her¬ 
baceous perennial plants do not seem to have suffered 
quite so much. 
The nurseryman doing a local business and able to 
deliver his goods by truck is the fortunate one during 
these days of embargoes. 
NEW YORK 
STATE NURSERYMEN’S 
ASSOCIATION 
At a meeting of the New York Slate Nurserymen’s As¬ 
sociation, held at the Chamlx'r of C.ommcrcc, l{och(‘ster. 
New York, March oth. tlu* following ollicm's were; elected: 
President—(k 11. Perkins. 2nd, Newark, N. Y. 
Vice President—.1. M. Pitkin. Newark. N. Y. 
Maxwell Sweet, Dansvillc. N. Y. 
E. A. (iiKU’nscy. Schoharie, N. Y. ; 
T. .1. Smith. Oeneva. N. Y. 
W. L. Hart, Fredonia. N. Y. 
Sec’y-Treas.—Horace Hooker, Rochester. N. Y. 
Executive Committee—.lohn P. Rice. Cemwa, N. Y. 
Irving Ronse. Rochester, N. Y. 
F. M. Hartman, Daiusville, N. Y. 
The following resolution was adopted: 
Resolved : 
That the New York State Nurserymen's Association 
desires to express its appreciation to Mr. Curtis Nye 
Smith, Secretary of the American Association of 
Nurserymen, for his untiring efforts to secure sat¬ 
isfactory ruling regarding the transportation of nur¬ 
sery stock, and to congratulate him on the results 
obtained—That a copy of this resolution be sent to 
Mr. Smith and to the two trade papers.—Adopted. 
March 2, 1918. 
TO NON-RESIDENT NURSERYMEN SELLING STOCK 
IN WISCONSIN 
Gentlemen : 
The nurserymen of Wisconsin are required to grade 
their apple trees and other nursery stock free from 
crown gall and hairy-root. A special packing house in¬ 
spection is made in the fall for this purpose. 
Under a recent amendment to the inspection law it is 
now possible to enforce the same requirement in regard 
to the stock shipped into the state from outside sources. 
All non-resident nurseries will consequently be expected 
to comply with this regulation beginning with the pres¬ 
ent season. Fortunately, many are already doing so. 
It is manifestly unfair to destroy large quantities of 
infected Wisconsin stock and permit outside trees with 
the same disease to enter the state freely. 
Dr. Fracker has shown in the Journal of Economic En¬ 
tomology for Februarjr, 1918 that a pronounced reduction 
in size and quality of apple stock results from infection 
with this disease. The injury was found to occur on all 
varieties examined, varying from lo% to 25% in amount. 
In other words, the presence of crown gall is causing 
nurseries a heavy loss by lowering the quality of their 
stock. Every effort to reduce the prevalence of the dis¬ 
ease would benefit them materially by increasing the 
value of their product. 
A majority of the nurseries shipping into Wisconsin 
at the present time are delivering a very high grade of 
stock, and we trust that the remainder will find it pro¬ 
fitable to improve the quality of their shipments in this 
respect. 
Very truly yours, 
E. D. Rall, State Entomologist. 
