THE NATIONAL NURSERYMAN 
261 
HISTORY OF ATTEMPTED FEDERAL LEGISLATION 
PROVIDING FOR INSPECTION OF FOREIGN 
NURSERY STOCK 
Report of Committee on Legislation 
Wm. Pitkin, Chairman 
Members of the American Association of Nurserymen: 
Gentlemen:—^As Chairman of the Legislative Committee 
having charge of legislative matters east of Mississippi river, 
I beg to submit the following report: 
FOREIGN NURSERY STOCK 
The most important matter which has come to the atten¬ 
tion of this Committee since the last convention is the pro¬ 
posed legislation affecting the importation of foreign nursery 
stock, as covered by bills known as the Simmons bills; and as 
there has been a considerable amount of agitation on this sub¬ 
ject in the trade papers and other publications during the 
past few months, it seems advisable to place before you a 
brief history of the matter, so you may all be informed, and 
be in position to consider and to vote on certain resolutions 
which will be offered later. 
As you all know, there has been for a niimber of years 
considerable discussion on the question of federal regulation 
and inspection of niu-sery stock in interstate commerce. 
Many of us have felt that if a federal law could be enacted 
that would do away with the various and annoying state 
laws, that it would be of great advantg,ge to the nursery 
trade, but legal advice has shown us that while Congress 
might enact satisfactory and efficient legislation, it could 
only apply to the movement of nursery stock in interstate 
commerce; and that after a shipment of nursery stock reached 
its final destination within the state, it would still be possible 
for a state under its police powers, to step in and inspect, 
fumigate, or otherwise dispose of the stock so that it has not 
seemed that a federal law wordd accomphsh what it was 
hoped it might. 
Up to the winter of 1909, there had been no special discus¬ 
sion or agitation on the question of importations of foreign 
nursery stock, except to a slight degree in connection with the 
question of interstate commerce. 
APPEARANCE OF BROWN TAIL MOTH AND INSPECTION 
BILLS 
During th§ winter of 1909, Brown Tail Moth were found on fruit tree 
seedlings imported from France. During that winter a bill was intro¬ 
duced in the House of Representatives, aiming to regulate, inspect, and 
control importations of foreign nursery stock. 
That bin provided in substance, that aU shipments of foreign nursery 
stock were to be unpacked, inspected, and re-packed at the port of entry, 
and as the larger portion of nursery stock enters the port of New York, it 
meant that a very large quantity of seedlings were to be. handled on the 
wharves of New York, inspected, and re-packed and shipped on to desti¬ 
nation, and all this to be done during the severe cold weather. 
That bill passed the House of Representatives, was reported favor¬ 
ably by the Senate Committee, and was on the Senate calendar for action 
before your Legislative Committee had any information of the matter. 
We succeeded however, in preventing its passage in the Senate during 
that session, and at the suggestion of the Chairman of the House Com¬ 
mittee on Agriculture, your Committee agreed with Dr. Howard to meet 
with h.m before the following session of Congress, and endeavor to agree 
on a form of bill which would be efficacious and practical. 
Your Committee used its best efforts to secure such a conference with 
Dr. Howard during the summer and fall of 1909, and was unsuccessful. 
We had some discussion by correspondence, but were unable to agree on 
some points, and soon after Congress convened, Mr. Simmons again 
introduced a bill on the same subject, but somewhat modified from the 
original bill. 
The second bill provided that the nurseryman must first make an 
application to the Secretary of Agriculture for a permit to import nur¬ 
sery stock, that all foreign nursery stock must be inspected on the prem¬ 
ises of the consignee, that the Secretary of Agriculture should have 
authority to quarantine against any country or district in which in his 
opinion the conditions were such as to make it dangerous to import nur¬ 
sery stock, therefrom. 
In April, 1910, your Committee appeared before the Committee of 
Agriculture of the House of Representatives, and presented its views, 
meeting at that time Dr. Howard and his friends, who were equally 
strenuous in presenting their arguments. Both sides were given a hear¬ 
ing, and later the Committee endorsed the Simmons Bill and reported it 
favorably to the House, but the House failed to take any action on it dur¬ 
ing that session. 
During the session of 1910-1911, the bill was again introduced in the 
House, and came up for passage during the last days of February, and 
failed to secure sufficient votes in its favor. 
A new bill was introduced by Mr. Simmons during the present extra 
session, and your Committee is informed that no action will be taken on 
it during the extra session, but it is expected that it will come up for 
consideration during the regular session beginning December ist, next, 
and your Legislative Committee should have instructions as to the course 
which you desire it to take in reference to the new bill, and particularly 
as to the general attitude of this association on this subject, and certain 
resolutions will be introduced later in the session for your consideration 
and action. 
DRASTIC QUARANTINE PROVISIONS 
The present bill was introduced May 4th, 1911, and is numbered 
H R 8611. It provides in substance that it shall be unlawful to offer 
for entry any foreign nursery stock unless and until a permit shall have 
been issued therefor by the Secretary of Agriculture under such condi¬ 
tions and regulations as he may prescribe, and unless such nursery stock 
shall be accompanied by a satisfactory foreign certificate. That it shall 
be the duty of the Secretary of the Treasury to notify the Secretary of 
Agriculture of the arrival of any nursery stock at port of entry that the 
importer of such stock shall immediately upon entry, advise the Secre¬ 
tary of Agriculture or his agent of the name and address of the consignee, 
the quantity of stock it is proposed to ship, the district and country 
where grown. 
It further providesJhat no person shall offer for entry any nursery 
stock unless the package is marked to show the nature of the contents, 
country where grown, name and address of shipper and consignee. 
