THE NATIONAL NURSERYMAN 
log 
Legislation 
A CURIOSITY IN THE WAY OF NURSERY LEGISLATION 
Ed. National Nurseryman: 
Sir: Inclosed please find copy of Senate Bill No. 19 by 
the Honorable Geo. Kelley of Ogden. While intrinsically 
this bill is not worth the space in any paper, I would like to 
see it printed in the next issue of the National Nursery¬ 
man as a curiosity, and to show how far prejudice may go in 
interfering with the right of free and unhampered contract, 
the laws of interstate commerce, and the right of the 
American citizen to engage in a legitimate business with 
the untramelled right to dispose of his product on the open 
market. 
Roy, Utah. Davis Co. Nurseries. 
A Bill for an Act prohibiting the sale or disposal of fruit trees that 
are not true to name and kind represented. Providing for 
dealers in fruit trees filing a bond with Secretary of State to 
indemnify purchasers and providing a penalty for violation of 
this Act. 
Section 1. It shall be unlawful for any person, firm, company, 
corporation or association, to sell, solicit or obtain orders for the sale 
of fruit trees in the State of Utah, which shall be different in name or 
kind from the fruit trees ordered or sold. 
Sec. 2. It shall be unlawful for any person, firm, company, 
corporation or association, as principal, broker or agent, to sell, 
solicit or obtain orders for the sale of Fruit Trees in the State of Utah 
without first executing and filing with the Secretary of State of the 
State of Utah, a good and sufficient bond in the penal sum of 
$ 10 , 000 . 00 , to be approved by said ^Secretary of State and which said 
bond shall be conditioned, that the fruit trees, so sold, ordered, or 
solicited, shall be true to the name and of the kind represented or 
ordered. 
Sec. 3. Any person damaged by reason of a violation of the 
provisions of this act may bring an action upon the said bond and 
judgment shall be entered against the sureties thereon for such 
amount of damages as such person shall have .sustained. 
Sec. 4 . The statutes of limitation shall not commence to run as 
to such action or any prosecution under this act until discovery that 
such fruit trees are different in name and kind from that sold or 
represented. 
Sec. 5 . Any person, firm, company, corporation or association 
violating any of the provisions of this act shall be deemed guilty of a 
misdemeanor. 
INSPECTION OF IMPORTED NURSERY STOCK 
Bill No. 326, known as the Simmons bill, providing for 
the inspection of seeds, tubers, bulbs, and nursery stock 
against injurious insects and diseases under authority of the 
Secretary of Agriculture, was reported out of committee last 
week. Section 8, which gives the Secretary authority to 
quarantine importations from foreign countries infested by 
any seriously injurious insect, has been questioned as to its 
feasibility. The committee has recommended the passage 
of the bill, and it will be called up in the House for considera¬ 
tion before very long. 
Mr. Pitkin has the following to say on this bill: 
Ed. National Nurseryman: 
Sir:—Relative to the federal inspection bill known as the 
Simmons Bill, now in the House of Representatives, the 
best information in the hands of the Legislative Committee 
is that it will not be possible to secure the passage of this bill 
during the present short session of Congress ending March 4. 
The Committee, therefore, feels that no action will be 
taken on the bill during the present session. 
Rochester, N. Y. W"m. Pitkin, 
Chairman, Com. on Legislation, Am. Assoc, of Nurservmen. 
HOW THE NURSERYMAN MAY BE AFFECTED BY 
RECIPROCITY 
Ed. National Nurseryman: 
I find in looking over the bill now in Congress covering 
the proposed reciprocity arrangement with Canada, that it 
contains a few items of interest to the nursery trade. 
It provides, i. That the duties on“ Grape Vines, Goose¬ 
berry, Raspberry, and Currant Bushes” shipped from the 
United States to Canada shall be reduced from 20% to 
17^%, and that the duty on the same articles shipped from 
Canada into the United States shall be reduced from 25% to 
i7f'2%, and, 2d, That the duties on ‘‘trees, Apple, Cherry, 
Peach, Pear, Plum, and Quince, and small Peach trees 
known as June buds” shipped from United States into 
Canada shall be reduced from 3c per tree to 2 per tree. 
Almost every man’s views on the tariff are affected by 
his pocketbook, so that the Legislative, Committee is unable 
to determine what action, if any, would be agreeable to the 
majority of the members of the Association. 
This information is submitted to the Association, and if 
any member has any strong views or arguments to present 
to the Legislative Committee, the chairman would be glad 
to receive them. 
Wm. Pitkin, 
Chairman Legislative Com. 
GENEVA, N. Y. 
The H. E. Merrell Nursery Co. was recently incorporated 
in Geneva, N. Y., with a capital stock of $40,000. The 
incorporators, H. E. Merrell and E. H. Merrell of New York 
City and H. L. King of Geneva, will conduct a general 
nursery and fruit business. 
The National Nurseryman, 
We enclose our check for $1.00 for renewal to The National 
Nurseryman for one year. This Joumal certainly does meet with 
our approval and we do not wish to be without it. 
Yours very truly, 
The Farmers Nursery Co. —Ohio 
National Nurseryman: 
I have mailed Catalogue of the Wrapper to The Riverside 
Nurseries, as per their letter you enclosed to me. Thanks for your 
kindness. Yes, it pays to advertise in the National Nurseryman. 
Missouri. Homer L. Reed. 
Find inclosed $ 1 . 00 , to pay our subscription. We have no inten¬ 
tion of doing without such a valuable journal, so long as we are in 
the nursery business. 
An abundant crop of apples for Utah, 1911 , if frost is kept off. 
Trees are full of healthy bloom buds now. 
Yours truly, 
B. H. Bower. 
