334 
THE NATIONAL NURSERYMAN 
ADDITIONAL REPORT FROM LEGISLATIVE COMMITTEE 
IN RELATION TO STATE LEGISLATION 
Another matter that has come to the attention of your 
Committee is legislation in the State of Maine affecting 
nursery interests, and particularly nursery salesmen. 
The law is modeled on the usual lines, requiring certifi¬ 
cates to be attached to each package, and providing for 
power to inspect, etc., should it be deemed necessary. 
A bad feature of the law is that it provides that each 
agent shall take out a license, and pay therefor a license fee 
of $10.00. If the law were strictly enforced, this would 
mean that every nursery Concern doing business in Maine 
must take out a license for each salesman to whom it might 
send an outfit, whether that agent does any business or none; 
an expensive proposition for nurserymen doing business in 
that state. 
The law as far as it relates to license fees is plainly invalid, 
and it is the opinion of our attorneys that a test case could 
be succesvsfully conducted, and therefore it is for this meeting 
to decide whether the association will authorize and back up 
such a test case. Your Committee would advise that a test 
case be brought. 
* * 
The legislation in the State of Wisconsin has also been 
brought to the attention of your Committee. Under the 
Wisconsin law each nursery concern doing business in that 
state must take out a license, and pay a fee of $io, and each 
agent must take out a license and pay a fee of $ i. 
That law was enacted in igog. Certain amendments of 
the law were introduced during the session of igii, passed 
both Houses of the Legislature, but the bill has not been 
signed by the Governor, because it did not give him the 
power of appointment of the nursery inspector, but lodged 
that power of appointment in the Director of the Agri¬ 
cultural Experiment Station, and the parties pushing the 
bill, say that they prefer to work under the old law, rather 
than to have the change made in the power of appointment. 
The same criticism applies to the license fee as stated in 
connection with the Maine legislation, even though the 
amount is small, and in many parts the law is invalid in the 
opinion of our attorneys. 
It is the opinion of your Committee that a test case should 
be arranged in the State of Wisconsin, and before leaving 
home your Chairman endeavored to secure a promise from 
the authorities of each state that a test case would be ar¬ 
ranged, but has had no reply up to this time. 
It is presumed that there will be matters of legislation 
in the West presented by the other Committee, and it seems 
to your Committee that this entire subject should have 
careful consideration, and that a decision should be reached 
as to what should be done with these various laws, and a 
definite policy established. It does not seem wise to allow 
unjust, arbitrary, and discriminatory legislation to stand 
uncontested. If we submit to these matters,.it means that 
even more drastic legislation will be enacted in the future, 
until the situation reaches a point where it will be impossible 
for us to do business in a large number of states in the Union. 
As an example of the foolish legislation that we are 
running up against, one of the provisions in the proposed 
Wisconsin amendment requires that all persons selling 
nursery stock in that state shall furnish the inspector with 
copies of all their literature printed or mimeograph, including 
catalogues, price lists, order forms, contracts, and agree¬ 
ments, furnished for the use of agents or customers. 
Certainly that state has no authority under this law or 
any other one to prescribe a definite form of contract to be 
used between the nurseryman and his customer, or his agent, 
provided the contract is legal, and if they cannot prescribe a 
uniform form of contract, what benefit can it be if these 
matters are filed in that office ? 
This is simply an example of a lot of fool legislation that 
has gone on to the statute books during the past few years, 
and affecting the nursery interests. If we submit, we shall 
be constantly bothered. Will it not be better to outline a 
definite, fighting policy, and spend a little money and see 
if we cannot get these matters straightened out, and prevent 
similar foolish legislation in the future ? 
These subjects are offered for your consideration, and 
later your Committee proposes to introduce certain resolu¬ 
tions carrying out the recommendations herein. 
Wm. Pitkin, Chairman. 
A resolution was adopted authorizing the President, 
Executive Committee and Legislative Committee to arrange 
for test cases in Maine, Wisconsin, Colorado, Montana and 
Wyoming. 
FARMERS’ INSTITUTE WORKERS 
The next annual meeting of the American Association of 
Farmers’ Institute Workers will be held at Columbus, Ohio, 
November i3toi5, igii. At the same place and beginning 
November 15 will be held the annual meeting of the Associa¬ 
tion of American Agricultural Colleges and Experiment 
Stations. 
Notice is sent out thus early in order that Farmers’ 
Institute Workers in arranging their work may have in mind 
the date of this meeting, and so arrange that it may be pos¬ 
sible for all who are interested to attend. 
John Hamilton, 
Farmers’ Institute Specialist. 
“Do not feel that I can be without this excellent journal.’’ 
Kalamazoo Nurs., 
Mich. L. P. Thurston. 
The National Nurseryman: 
Enclosed please find M. O. $ 1.00 for one year’s subscription to your 
valuable paper. 
T. R. Towns. 
Martin H. Musser of Lancaster, Penn., called at the office of the 
National Nurseryman in the month of August. 
