230 
THE NATIONAL NURSERYMAN 
APRICOT— 
11/16 and up, 5 to 6 ft. 
9/16 to 11/16, 4 to 6 ft. 
7/16 to 9/16, 3 to 4 ft. 
CHERRY— 
11/16 and up, 4 ft. and up 
9/16 to 11/16, 3 ft. and up 
7/16 to 9/16, 2% ft. and up 
5/16 to 7/16, 2 ft. and up 
% and up, 4% to 6 ft. 11/16 and up 
% to %, 4 to 5 ft. % to 11/16 
% to %, 3 to 4 ft. )4 to % 
% to %, 2 to 3 ft. 
PEACH— 
11/16 and up, 6 to 6 ft. 
9/16 to 11/16, 4 to 6 ft. 
7/16 to 9/16, 3% to 5 ft. 
5/16 to 7/16, 3 to 4 ft. 
PEAR (Standard) — 
% and up, 5 to 6 ft. 
% to %, 4 to 6 ft. 
% to %, 4 to 5 ft. 
% to i/ 2 , 3 to 4 ft. 
PEAR (Dwarf) — 
% and up, 3% to 5 ft. 
% to %, 3 to 4 ft. 
V 2 to %, 2% to 3 ft. 
% to y 2 , 2 to 3 ft. 
PLUM — 
2 yr. % and up, 5 to 6 ft. 
% to %, 4 y> to 6 ft. 
% to %, 4 to 5 ft. 
% to y 2 , 3 to 4 ft. 
11/16 and up 
% to 11/16 
% to % 
% and up 
11/16 and up 
% to 11/16 
y 2 to % 
11/16 and up, 4 ft. and up 
9/16 to 11/16, 3 ft. and up 
7/16 to 9/16, 2% ft. and up 
5/16 to 7/16, 2 ft. and up 
4)4 ft. and up 
3 )4 and up 
3 ft. and up 
2 ft. and up 
11/16 and up, 4)4 ft. and up 
9/16 to 11/16, 3% ft. and up. 
7/16 to 9/16, 3 ft. and up 
5/16 to 7/16, 2 ft. and up 
% and up 
% to % 
% to y 2 
11/16 and up, 4)4 ft. and up 
9/16 to 11/16, 3% ft. and up 
7/16 to 9/16, 3 ft. and up 
5/16 to 7/16, 2 ft. and up 
QUINCE— 
% and up 
V 2 to % 
% to y 2 
Tying. 11-16 and 9-16 grades shall be tied in bundles 
of ten. 7-16 and 6-16 grades shall be tied in bundles of 
twenty. Each bundle shall be plainly marked with two 
copper-wired labels. 
Alt grades shall be of fair shape, branched, well-root¬ 
ed, caliper to govern and measurements taken two inches 
from the crown or bud. Some exceptions to the grades 
named may be made on such varieties as are known to 
the trade to be light growers, but such exceptions should 
be so stated in all trade lists as issued. 
Small Fruits. Age, state in years, with methods of 
propagation. 
Quality or Grade, per general rules as they apply. 
C. Standard Disclaimer or Warranty Glauses 
A clear understanding of contract between buyer and 
seller promotes permanent business relations. There is 
no other class of merchandise over which the seller has 
less control of results than horticultural products. Two 
forms of disclaimer have been quite commonly used and 
are given below for consideratin. Just what responsi¬ 
bility the seller of nursery products should assume, both 
morally and technically is a subject of grave importance 
and must be worked out. 
Sample Warranty Clauses 
1. We give no warranty express or implied as to de¬ 
scription, quality, productiveness or any other matter of 
nursery stock, seeds or plants or bulbs we sell. 
2. If any nursery stock, etc., proves untrue to descrip¬ 
tion under which it is sold, seller shall be liable to the 
purchaser only and to no greater extent or amount than 
the purchase price of such nursery stock, etc., and the 
seller except for the aforesaid agreed liability and in 
respect to such purchased nursery stock, etc., gives no 
warranty express or implied as to description, quality, 
productiveness nor any other matter. 
Among many cases on record proving the legality of 
the above clauses are the following: Kelley vs. Lam, 75 
Wash. 135; Ross vs. Northrup King, Wisconsin Supreme 
Court, 144 N. W. Reporter 1124; Blizzard Bros. vs. Crary 
Canning Co., 152 Iowa 257; Seattle Seed Co. vs. Fuzi- 
morii, 79 Wash. 123. 
D. Unfair Competition, Bribery and Graft 
Graft giving and receiving exists in the nursery busi¬ 
ness just as it does in most if not all other businesses. 
Many states have drastic legislation against it, and in 
some the giving or taking of a bribe is a felony. The 
nature of the felony is such however that it is extremely 
difficult to secure convictions, both parties to the trans¬ 
action being equally guilty. , 
The giving of gratuities to employees is done to induce 
them to buy or overbuy or accept inferior products, etc., 
and is perhaps the most dishonest and contemptible form 
of unfair competition. The honest retail nurseryman and 
seedman is most seriously handicapped by his unfair 
competitor, and it is quite time a higher standard of hon¬ 
esty should be compelled by nurserymen as an organiza¬ 
tion. 
There are many kinds of unfair competition practiced, 
as in advertising descriptions, etc., and we believe the 
time has come for the nurserymen to take a definite stand 
on this subject and to appoint a special committee on 
“Unfair Competition, Bribery and Graft” to investigate 
and report with specific recommendations. 
On J une 1, 1922, H. B. 10169, “A Bill to further protect 
interstate and foreign commerce against bribery and other 
corrupt trade practices,” was passed by the House of 
Representatives and is now before the Senate Committee 
on Interstate Commerce. The evidence submitted by the 
proponents of this bill is a terrible indictment of business 
practices in America. 
This bill is being backed by the Unfair Competition 
Bureau of the Paint and Varnish Industries and its pass¬ 
age is being urged by forty-three other leading national 
business organizations including advertising, paper and 
pulp, ship service, surgical, furniture, insecticide, leather 
belting, music, paint, roofing, hardwood lumber, whole¬ 
sale grocery, textile, machinery and many other indus¬ 
tries. 
We recommend that the American Association of Nur¬ 
serymen join in support of the passage of this bill and 
that immediate steps be taken to make such Support felt 
in Washington thru our proper representatives. 
E . Additional Specific Recommendations for 
Further Action 
1. That the name of this committee shall be “Com¬ 
mittee on Standardization of Horticultural Trade Prac¬ 
tice.” 
2. The establishing of a “Joint National Committee 
on Standardization of Horticultural Trade Practice.” 
3. That the work of drawing up a code or set of rules 
for nursery trade practice he continued: Other duties of 
such a national committee to be the preparation of rules 
for the registration of names of new horticultural varie¬ 
ties; defining, considering and adjudicating questions of 
nursery practice as they arise. 
4. The adoption of a code for naming of horticultural 
varieties for guidance of nurserymen, plant breeders and 
