12 
THE NATIONAL NURSERYMAN 
The bare, ugly farm house standing like a blot on the 
landscape, should become as unAmerican as a feudal 
castle. 
The railroads, instead of being scars in the face of 
nature, should be a ride through parks and gardens. 
We have seen such things done by kings and rulers 
of the past for their own particular enjoyment, and now 
their power to do has descended upon the masses. 
The only thing necessary is education and to create 
the desire for it. Nothing has ever been accomplished 
without vision and faith and the nurserymen cannot 
impart to others what they do not possess themselves. 
A few nurserymen with a vision started the Market De¬ 
velopment movement, but judging from its program so 
far, indicates that the first missionary field should be 
among the nurserymen themselves. 
BRUSH The brush pile is considered a necessary evil by 
PILE most nurserymen, the smaller it is the belter, 
and they usually think when they see the 
flames and the smoke arising from it there goes some 
of my profits. 
This is the age of science, when dumps and waste are 
investigated, to see if they cannot be utilized or turned 
into profitable by-products. 
The material gain from the by-product of a nursery¬ 
man’s brush pile does not promise very heavy returns. 
A few hundred pounds of wood ashes may be of value, 
but is so infinitismal compared with the value of mater¬ 
ial that produce them that it is largely minus,. 
This is especially so when material making the brush 
pile is bought out of the storage cellar. Brush piles that 
are large through the mistaken idea of keeping up prices 
is pitiable. It is one of the most futile anyone could con¬ 
ceive. It is fundamentally wrong from every angle. De¬ 
struction of results of human effort like war, can only be 
one thing, make the world that much poorer. The nur¬ 
seryman should be true to the highest instincts of his 
calling if he miscalculates and over-produces by all 
means let him give the surplus away rather than burn 
it. Take his medicine and know better next time. 
In spite of all we have said above on many nurseries 
the brush piles could be made larger with a profit to the 
nurseryman. How often would it have been better to 
have relentlessly used the grubbing hoe and cleared stock 
that was overgrown rather than carry it hoping to find 
a buyer. The same can be said of culls and mis-shapen 
plants occupying room in fuller blocks that would be 
much better vacant. x\ well-furnished brush pile under 
certain conditions would really add to the prestige and 
profit of many a nursery. 
STATE OF CALIFORNIA 
OFFICE OF ATTORNEY GENERAL 
San Francisco, Nov. 22, 1921. 
Hon. G. H. Hecke, 
Director Department of Agriculture, 
Sacramento, California. 
Dear Sir: 
I have before me your communication of the 15th inst. 
requesting an opinion as to whether or not Section 2319j 
of the Political Code is operative. 
The section in question provides that any nurseryman, 
jobber, etc., doing business without the State of Califor¬ 
nia who desires to ship nursery stock, trees, etc., into 
this State for planting or propagation purposes from any 
other State shall first make application to the Director of 
Agriculture for a permit to so do, filing with the appli¬ 
cation a statement of the location of the nursery or place 
of business owned or operated by him and an official 
certificate of inspection of such premises, signed by the 
State inspector of the State in which said premises are 
located. It is further provided in the section that such 
permits shall be issued by the Director of Agriculture 
upon payment of a fee of $10.00 whenever, in his judg¬ 
ment the same may be issued without endangering the 
horticultural interests of the State. The section con¬ 
tains a proviso that before such permit is finally issued 
the nurseryman, jobber, etc., making application shall 
file an official bond to the State of California in the sum 
of $1000, conditioned upon the faithful performance of 
his obligations, and that any aggrieved party may sue 
on said bond. It is also provided in the section that the 
permit shall bear a special number and all shipments 
thereafter made by such nurseryman, jobber, etc., into 
this State must contain this number affixed to the pack¬ 
age of nursery stock, trees, etc., shipped by him. 
It will be noted that the section contains no penalty 
for a violation of its provisions, but the section in 
Chapter IVa and Section 2319k in the same chapter pro¬ 
vides that any person violating any of the provisions of 
that chapter or wilfully refusing to comply with any 
order lawfully made under and pursuant thereto shall 
be guilty of misdemeanor. 
It is evident that serious questions of jurisdiction 
might arise for the act of violaton would be the shipping 
of the horticultural products into this State from with¬ 
out the State, and this would occur upon the entry of 
the shipment into this State. The one responsible there¬ 
for being outside of the State at the time the prohibited 
act is done it is doubtful whether jurisdiction could be 
acquired over such person, and unless jurisdiction can 
be acquired the penal provisions of Section 2319k are in 
operative as to the provisions of Section 2319j. 
It is also to be noted that one of the conditions to ob¬ 
taining a permit is the filing of any official certificate 
of inspection of the premises outside the State by the 
State Inspector of the State in which the premises are 
located. It is, of course, possible that there may be 
no State inspector in such State and in that event this 
condition could not, of course, be complied with. 
It is also to be noted that while a bond in the sum of 
$1000 is required, conditioned upon the faithful per¬ 
formance of the obligations of the obligor, no statement 
is made in the section as to what these obligations are. 
and although the section provides that any aggrieved 
party may sue on said bond, there is no statement in the 
section as to the manner or the nature of the injury 
which might be suffered by a person claiming to be ag¬ 
grieved. 
It is permissible for a State by a proper law to provide 
for the inspection of articles brought within its borders 
from other States, but such provisions as a State may 
in that respect enact must not go further than are neces¬ 
sary to the proper operation of such inspection laws. 
They must be such as would tend to protect the State 
