178 
THE NATIONAL NURSERYMAN 
INSPECTION METHODS IN COLORADO 
W. C. Reed Tests Colorado Laws 
Owing to the fact that we have had quite a large number 
of trees condemned in the State of Colorado, which we 
think were condemned unlawfully, I have been urged by a 
number of leading nurserymen who are members of the 
Western Association as well as National, to give the facts in 
the case to the National Nurseryman. The facts in the 
case are as follows: 
We had an order going to the Denver Suburban Homes & 
Water Company, of Denver, Colorado, consisting of some 
85,000 trees. These trees were shipped in three cars, the 
first car shipped March 21st, containing 4,500 one-year 
apple, balance cherry. When they arrived, the local 
County Inspector condemned all apple as infected with 
crown gall and hairy root. The Denver Suburban Homes & 
Water Company wired me that all apple had been con¬ 
demned and ordered burned. I immediately wired the 
chief nursery inspector of Denver County not to destroy 
any trees; that I would not stand for any such inspection 
but would come out and bring our State Inspector, if need 
be, and would fight the case even to the Superior Court; 
to take good care of the trees until my arrival. I also sent 
a similar telegram to the Denver Suburban Homes & Water 
Company. 
HOME INSPECTION 
On receipt of this information 1 immediately called 
Benjamin W. Douglas, State Entomologist for Indiana, and 
asked that he come down and examine the balance of the 
apple that were to be loaded in the third car. He sent his 
deputy, Mr. Wallace, and I told him the situation, that I 
wanted him to throw out every tree that was doubtful, and 
that I expected to carry the matter to the Courts, if need 
be. Mr. Wallace, our deputy inspector, went over the 
entire lot of apple, some 7,300 trees, opened each bunch and 
examined every tree carefully. He threw out 508 trees. 
We finished loading the car with cherry and apple, and I 
immediately followed the same to destination. 
I had also written Professor Gillett, State Entomologist 
for Fort Collins, Colorado, stating the case plainly to him, 
and insisted that we had been severely damaged by the 
local County Inspector at Denver. He wrote me that it 
seemed ver}^ strange that an entire shipment of apple 
should be condemned, and that he would meet me in 
Denver, if needed, and if I had been done an injustice, 
would have the Inspector withdraw his rej^ort. 
DRASTIC ACTION 
Mr. Douglas, our State Entomologist of Indiana, wired 
Professor Gillett that he had inspected the apples loaded in 
third car and the number rejected, asking him to look into 
the matter personally. The second car, being enroute, 
arrived about April 3d, and all apple in second car number¬ 
ing 4,950 were condemned and immediately burned, as also 
were the apple from the first car. The third car arrived at 
destination, Tuesday, April 11th, and the writer also arrived 
the sarnie day in company with Professor Gillett, the State 
Entomologist, and Mr. Rouncevelle, the County Inspector 
of Denver County. We proceeded to unload said car, and 
after going over same very carefully threw out 208 trees out 
of something over 7,000 apple, making a total of about 700 
trees thrown out by the two different State Inspectors in 
something over 7,000 total, amounting to about 10 per 
cent. These trees were all one-year old apple, mostly dug 
from the same block, the same day, graded by the same men, 
and hauled into our packing house, from which the cars 
were loaded in rotation without any additional grading, 
except the inspection as above mentioned in third car. 
After the third car was unloaded, I demanded from the 
County Inspector an official notice as to what he had done 
with the trees in the third car. This he gave me at 2 ;3o p.m. 
April 13th, nine day^s after the trees had been burned in the 
two first cars. 
COLORADO LAW 
The law of Colorado specifies that when an Inspector 
condemns trees he shall notify the owner in writing, which 
he did not do except as above mentioned. I must also 
state that these trees were unloaded at Milvin Station, 
Arapahoe County, Colorado, fourteen miles from Denver. 
I immediately employed the leading firm of attorneys to 
look into the matter carefully, which they have done, and I 
am submitting their finding to the President and Executive 
Committee of the American Association of Nurserymen, 
also to the President and officers of the Western Association 
of Nurserymen, a number of whom I have already been in 
consultation with. 
From all facts available, I am advised that we have a 
very clear case for damages. Also that there are a number 
of points in the law' that are not constitutional. I am ask¬ 
ing the officers above referred to as to their judgment in the 
matter of making this a test case, which can be tried in the 
United States Federal Court. 
It seems to me that if we simply stand by and allow 
inspectors to destroy property w'ithout notice and without 
any reasonable cause, there is no telling when thi§ kind of 
work will cease. W'hile I don’t know whether a judgment 
would be of any value, whatever, financially, I think the 
effect it might have and also the securing of a perfect 
interpretation of the law might be well worth our time. 
Having stated the cases as above, I am willing to leave it 
to the nurserymen and public in general wffiether I am 
right or wrong. 
Respectfully yours, 
Vincennes, Ind. W. C. Reed. 
GOLDEN BELL 
Never in our recollection has Forsythia Golden Bell made as 
handsome a show as this spring. It has been a mass of golden 
bloom for several days at Ithaca. 
