THE NATIONAL NURSERYMAN 
373 
Legislation. 
DECISIONS OF THE BOARD OF GENERAL APPRAISERS. 
No. 19667.-— Evergreen Seedlings—Transplanted Holly 
Plants. —Protest 295035 of Jackson & Perkins Company. 
Holly plants, classified as evergreen seedlings under' paragraph 
252, tariff act of 1897, were claimed to be dutiable under the pro¬ 
vision of the same paragraph for nursery or greenhouse stock. Pro¬ 
test overruled. 
Waite, General Appraiser: The question involved in this case 
was discussed by the Board in G. A. 6169 (T.D. 26772), wherein the 
conclusion was reached that the provision for evergreen seedlings in 
paragraph 252 is not restricted to plants of a coniferous nature, but 
applies to seedlings of all plants that are “evergreen”—that is, which 
retain their greenness or verdure throughout the year, as distinguished 
from those which are deciduous, or which lose their foliage every 
year. The above decision has been affirmed by the circuit court 
(153 Fed. Rep., 916; T.D. 28183) and by the circuit court of appeals 
(T.D. 28953). The holly, according to this distinction, belongs to 
the class of evergreen plants, and it is so characterized by the Stan¬ 
dard and Century dictionaries. 
The importers also contend that the word “seedlings” applies 
only to plants “in the seed bed, which have not been transplanted,” 
and that the holly plants in question are not properly classifiable as 
seedlings, inasmuch as they have been “transplanted from the seed 
bed and grown on for two seasons.” It was held by the Board in 
G. A. 5305 (T.D. -24305) that the word “seedlings” applies to plants 
grown from the seed, as distinguished from those propagated by 
cuttings, budding, or grafting, irrespective of whether or not they 
had been transplanted. No appeal having ever been taken from 
this ruling, it will govern in this case. 
No. 19651.— Rhododendrons. —Protests 302447, etc., of R. F. 
Downing & Co. (Boston). 
Rhododendrons, classified as nursery or greenhouse §tock under 
paragraph 252, tariff of 1897, were claimed to be dutiable as ever¬ 
green seedlings under the same paragraph on the authority of 
United States vs. Ouwerkerk (T.D. 28953), i n which it was held 
that seedlings of certain species of laurel and rhododendrons which 
retain their verdure throughout the year were so dutiable. Protest 
overruled. 
Waite, General Appraiser: The merchandise before us here is 
.certain-named varieties of rhododendrons, and it appears from the 
appraiser’s report and other evidence to which the Board has access 
that plants such as these are never grown from the seed, but are al¬ 
ways “grafted or layered plants,” there being only three species of 
the rhododendron grown on the invoices under consideration. The 
plants in these importations not being seedlings, the decision above 
cited is not applicable thereto, and we therefore hold the goods have 
been properly assessed as nursery stock. 
No. 19652.— Evergreen Seedlings. —Protest 182088 of F. H. 
Shallus (Baltimore). Opinion by Waite, G. A. 
On the authority of G. A. 6169 (T. D. 26772) certain rhodo¬ 
dendrons, evergreen seedlings, hollies, etc., were held dutiable as 
evergreen seedlings under paragraph 252, tariff act of x 897 . as 
claimed by the importers. An item of azaleas was held to have been 
properly classified as such under paragraph 231. 
INFORMATION WORTH WHILE. 
Editor National Nurseryman: 
“We appreciate your splendid September Number, it is timely, 
up-to-date. Your editorial ‘Fungi Cellars’ we have duplicated and 
passed to all our stockmen and branch plants. Your caution should 
save annually thousands of dollars worth of stock.” 
Subscriber. 
[The editor says thank you.] 
Hpple Markets. 
FOREIGN APPLE MARKETS. 
Latest cable, as well as, mail advices from the principal apple 
markets of Great Britain would indicate that fine red varieties of 
American and Canadian apples, that landed in good condition, have 
brought fairly good prices, but a great percentage of the arrivals 
were out of condition and such brought irregular prices. The Lon¬ 
don market continues to show some improvement but not at all as 
good as the Northern markets. In London, Ben Davis, Baldwins 
and other red varieties of American apples brought $2.25 to $2.50, 
out of condition parcels less. Arrivals of Americans are very light, 
but rather free shipments from Canada. The Liverpool market is 
fairly good; arrivals rather liberal, principally Canadians. Sound 
parcels brought good prices. American Baldwins’sold for $2.50 to 
$3, Kings $3.50 to 84.50, Greenings, $2.50 to $3, Ben Davis’ 82.25 to 
82.75, out of condition parcels took a range from 50 cents to a dollar 
a barrel less money. The Glasgow market again shows up well; 
Kings brought from 84 to $5, Baldwins 82.50 to 83, Greenings 82.50 
to 8 3, and various other red varieties from 82.25 to82.5o. 
SHIPMENTS FOR THE WEEK ENDING OCT. 10, 1908. 
The shipments this week from all Atlantic ports were again 
liberal amounting to 101,470 bbls., and for corresponding period last 
year were 111,125 bbls. The detailed shipments were as follows:— 
From Boston, 12,022, New York 17 , 484 , Montreal 37,583, Halifax 
34,382 bbls. It will thus be seen that Canada shipped about 70% of 
the whole quantity. The total shipments since the opening of the 
season amount to 374,567 bbls. and for last year were 362,134 bbls., 
and for 1906 were 342,476 bbls. 
OPINION. 
I am inclined to the opinion that unless shipments get too ex¬ 
cessive, present prices are likely to be sustained in England for 
strictly fine fruit, but great care should be used in shipping only 
good hardy fruit. So much early maturing fruit has been shipped 
that it is a wonder the prices realized were as good as they have 
been. Now that the weather is growing cooler, I am looking for ar¬ 
rivals out to land in better condition. 
BOSTON APPLE MARKET. 
Our markets continue fairly good. Arrivals are somewhat 
more liberal, especially Gravensteins from Nova Scotia which have 
sold from $2.25 to $3 for No. x’s and No. 2's $1.50. Apples from 
Nova Scotia consist almost entirely of this variety. Domestic ap¬ 
ples such as Alexanders 82.50 to 83. Gravensteins 82.50 to $3.50 
Mackintosh Red $2.50 to 83.75, Snows 82 to 83, Wealthys, 81.50 to 
82.50, Twenty Ounce 82 to 82.50, Greenings 82 to 82.25, Harveys 
82 to 82.50, Hubbardstons 81.50 to 82. Pound Sweets 82.25 to 83, 
Common sorts $1.00 to 81.50. Geo. Cochrane, Boston. 
NEW YORK APPLES SELLING. 
It was reported as early as October 3d that practically all the 
apples in Western New York had- been purchased, but it strikes us 
that this report was rather premature and somewhat inaccurate. 
The hot weather has checked growth, added color and increased the 
•number of drops. Its ultimate effect will be that the keeping 
quality of the fruit will be considerably shortened. 
WESTERN APPLE NOTES. 
While Hood River apple men report that sales thus far have been 
satisfactory, there is on the other hand a feeling of unrest with 
regard to the general outlook. Hot weather has prevailed in that 
section, hastening the maturing period very materially, and this 
coupled with the prevailing low market price in the East and the 
slowness with which buyers appear, raises the question whether 
Western men will be obliged to store their fruit this year pending 
the advance of prices or whether they will sell at considerably reduced 
figures. In a case of this kind the man who is a long way from the 
consuming end is rather at a disadvantage. 
