THE NATIONAL NURSERYMAN 
763 
vines and all trees, shrubs, plants, and vines commonly 
known as nursery or greenhouse stock.” 
No appearance was made when the cases were called 
for hearing, and we have only the custom-house papers 
before us. The mere statements contained in the protests 
cannot be accepted as proof of the contentions of the im¬ 
porters. As the records show no error in the collector’s 
assessment, which is presumptively correct, the protests 
must be over-ruled. 
Byron Waite 
H. M. SUMERVILLE, 
Board of U. S. General Appraisers. 
The above is the result of a protest by Mr. Rouse 
against findings of customs officer at port of Rochester. 
THE ROCHESTER COLLECTOR MAKES THE 
FOLLOWING COMMENT 
Mr. Irving Rouse, 
Rochester, N. Y. 
Having but recently returned from my vacation, your 
letter of the 30th ultimo, referring to a decision of the U. S. 
General Appraisers on your protests against the action of 
this office in assessing duty on certain ‘‘Evergreen Seed¬ 
lings,” has but just come to my notice. 
Replying generally thereto, I would state that the 
decision handed down by the Board sustains the action of 
this office in assessing duty on the Seedlings in question, 
but does so solely on the ground that there was no appear¬ 
ance for the protestants at the hearing set by the Board, 
and the decision was practically rendered in favor of the 
Collector’s action by default. 
Of course such a decision has no value as settling the 
case on its merits, and to all intents and purposes the 
correct classification of the seedlings in question is as in¬ 
determinate as before. 
I would suggest that you come into the office at your 
convenience and look over the decision for your own 
satisfaction. 
-Respectfully, 
Wm. S. Church, 
Deputy Collector. 
NEW YORK STATE LAW GOVERNING THE 
PACKING OF APPLES 
The Commissioner of Agriculture has sent several 
agents of the Department into different parts of the State 
to see that the law relative to proper packing of apples 
and pears is complied with and to secure evidence in cases 
of violation for reference to the Attorney-General. 
Section 262 of the Agriculture Law reads as follows: 
Section 262. SALE OF APPLES, PEARS AND 
PEACHES.—No person or persons shall sell, offer or expose 
for sale apples, pears or peaches as and for New York State 
grown apples, pears or peaches if they were not grown or 
produced within the State of New York; nor shall they 
brand or label the package or barrel containing such apples, 
pears or peaches if they were not grown or produced within 
the State of New York. Any person or persons packing or 
1 epacking or causing apples or pears to be packed or re¬ 
packed, to be sold upon the market, shall pack or repack or 
cause them to be packed or repacked in such a manner 
that each separate package or barrel shall be packed 
substantially uniform without intent to deceive the pur¬ 
chaser. Any person, persons or corporation buying from a 
grower, apples or pears which are packed in packages or 
barrels, marked or labeled with the name of the grower, 
who causes such apples or pears to be repacked in the same 
packages or barrels or who uses the same packages or 
barrels for the packing of other fruit or apples or pears, 
shall erase from such package or barrel the name of the 
grower or packer first or originally placed thereon. But 
the facing of such package or barrel is not prohibited by 
this section. 
Section 263 of the Agricultural Law reads as follows: 
Section 263. BARRELS; APPLES, PEARS AND 
QUINCES.—The term “barrel” when used in transactions 
of purchase or sale of apples, pears or quinces shall represent 
a quantity equal to one hundred quarts of grain or dry 
measure, and such barrels shall be of the following dimen¬ 
sions: head diameter, seventeen and one-eighth inches; 
length of stave, twenty-eight and one-half inches; bulge, 
not less than sixty-four inches outside measurement. If 
the barrel shall be made straight, or without a bulge, it 
shall contain the same number of cubic inches as the barrel 
above described. Any person or persons making, manu¬ 
facturing or causing to be made or manufactured for use in 
the purchase or sale of apples, pears or quinces, or any 
person or persons packing apples, pears or quinces in 
barrels for sale or selling apples, pears or quinces in barrels 
containing a less quantity than the barrel herein specified 
shall brand said barrels upon each end and upon the out¬ 
side, conspicuously, in letters one and one-half inches in 
length with the words, “short barrel.” 
Section 52 of the Agricultural Law provides: Every 
person violating any of the provisions of the Agricultural 
Law shall forfeit to the people of the State of New York 
the sum of not less than fifty dollars nor more than one 
hundred dollars for the first violation, and not less than one 
hundred nor more than two hundred for the second and each 
subsequent violation. 
REPORT OF THE STATE HORTICULTURAL ASSOCIA¬ 
TION OF PENNSYLVANIA FOR 1910 
The report of this Society, under the presidency of Gabriel 
Hiester and the secretaryship of Chester J. Tyson of Flora Dale, 
has just come to our desk. The volume is one of the best edited 
of the reports of the Horticultural Society that we have seen. 
It contains a number of valuable articles on orchard fertilizers, 
orchard sprays, and one of special interest in view of the fact that 
it is more rarely treated of late than formerly, namely that on apple 
varieties by H. P. Gould, U. S. Department of Agriculture. This 
report is worthy of careful study by the officers of horticultural 
societies, and of imitation by many. 1 he Secretary is to be con¬ 
gratulated. 
The New York State Fruit Growers Association secured 
the coveted prize of $ 5 °° State Fair at Syracuse. 
