86 
THE NATIONAL NURSERYMAN 
vaut, and can only legally receive a commission with the written 
consent of his employer; but if the architect is to be reckoned 
as a trade buyer, and can claim wholesale terms, it becomes a 
question outside the scope of the legality of commissions 
question. 
What we should decide is whether such a demand of archi¬ 
tects is to be granted or met with flat refusal. It is useless for 
one firm to refuse simply to be told by the architect that he will 
go to another nurseryman, who will “see reason,’’ seeing reason 
meaning in this connection grabbing the order at wholesale rates 
rather than losing it; but if our trade is to supply builders and 
architects at wholesale prices when they are working for pri¬ 
vate clients, we might as well allow solicitors wholesale terms 
for orders placed on behalf of clients, and then go the whole way 
and allow everybody wholesale rates until we close down, be¬ 
cause profits are thrown away, and expenses have exhausted re¬ 
sources. 
ARBITRATION VERSUS LITIGATION 
Frederick W. Kelsey, of the F. W. Kelsey Nursery Co., 
50 Church street. New York, is very enthusiastic and 
working hard to promote arbitration as applied to busi¬ 
ness. He says: Arbitration is better than litigation and 
it should be applied in disputes in the nursery trade 
whenever possible. 
“The action of many civic associations, leading pub¬ 
licists, and business men in favoring arbitration instead 
of litigation for settlement of differences should strike a 
responsive chord with those conversant with the trials 
and tribulations, costs, and vexatious delays incident to 
Ihe present methods of procedure in the courts. For this 
rapidly changing sentiment favorable to arbitration very 
great credit is due to the New York Chamber of Com¬ 
merce and its able committee chairman, Mr. Charles L. 
Bernheimer, whose unanswerable advocacy of the pres¬ 
ent arbitration law of New York resulted in its unani¬ 
mous passage by the Legislature, and since approved by 
many judges of the State and Federal courts. The en¬ 
dorsement, by the committee of prominent New York 
business men at the meeting recently must also become 
an important factor in turning the efforts for relief from 
the present congested condition of the courts to the sane 
and more expeditious and far less costly settlement of 
disputes by arbitration. In the many cases where pro¬ 
ceedings have been taken under the New York arbitra¬ 
tion law. it is reported by the Chamber of Commerce 
committee, not a single failure has occurred. Men of 
affairs, of probity and acknowledged standing, act as ar¬ 
biters, hear both sides around a table where both the 
law and the facts applicable to each case are considered; 
a verdict is soon rendered, invariably acceptable to both 
parties. The result is obviously favorable, and in com¬ 
parison with the present long drawn out. disappointing, 
vastly more expensive court proceedings, is like compar¬ 
ing the automobile of today with the cumbersome stage 
coach of the ‘forty-niners.’ 
“Moreover, under this approved plan of arbitration per¬ 
haps the very worst feature of court proceedings is elim¬ 
inated. Most attorneys feel it incumbent to magnify the 
claims of their clients. The court thereupon becomes 
the arena for battle. Antagonisms are actuated, and 
mere differences theretofore existing between the liti¬ 
gants are accelerated to the point of permanent dislike 
and often to open hatred thereafter. Former friends thus 
unavoidably become enemies, this occurring many times 
to the serious loss and lasting injury to each, to say 
nothing of the years of annoyance and wasted energy in¬ 
cident to court delays. Even were not the conditions now 
so unfavorable for litigation, this gain by the arbitra¬ 
tion method of itself justifies all that is being said and 
done in its favor. Moreover, bow can any judge, under 
the enormous pressure in all the Federal and State 
courts, give the requisite thought and time to fairly de¬ 
cide what may be the just determination of each case 
from the colossal mass of briefs and oral arguments even 
in the more important cases? 
“It is noticeable that the leading jurists, publicists, 
broad-minded attorneys, and men of affairs generally 
now openly favor the arbitration plan. Lawyers without 
imagination for better things, and who look upon the pre¬ 
rogative of the profession and the courts as a place for 
oratory, and who wish to keep along in the same old 
grind, naturally fail to recognize that what will raise the 
courts and their own profession to a higher standard is 
in reality good business, and in other ways must redound 
to their profits and the higher regard also of their clients. 
This especially as arbitration does not debar the presence 
of attorneys for each side at the “round the table” dis¬ 
cussion of the case by the arbiter or arbiters. 
“When the fact is better understood that innumerable 
business men and others now lose outright large sums 
even where they have just claims rather than attempt 
to traverse tlieir cases in court under existing conditions 
Ihe wholesome arbitration plan will gain in popular favor 
both in the states and in Ihe nation.” 
PLAN TO PLANT ANOTHER TREE 
The “Plan to Plant Another Tree” movement now has 
its own charter: “Tree Lovers’ Association of America.” 
A Board of Directors is being organized of big men out¬ 
side the nursery trade. So far the Board of Directors 
includes: 
U. P. Hedrick, Geneva, N. Y., President. 
Alvin E. Nelson, Chicago, Ill., Vice President. 
William A. Peterson, Chicago, Ill., Treasurer. 
J. A. Young, Aurora, Ill., Secretary. 
William S. Linton. Saginaw, Mich. 
Ralph T. Olcott, Rochester, N. Y. 
Mrs. .1. I). Sherman, Washington, D. C. 
Dr. .J. C. Blair, Urbana, Ill. 
T. A. Torgeson, Estavan, Sask., Canada. 
Phillip Rreitmeyer, Detroit, Mich. 
V. D. Hill, Dundee, Illinois. 
Paul Stark, Louisiana, Mo. 
M. C. Cashman, Owatanna, Minn. 
F. A. Wiggins, Toppenish, Wash. 
George Klelim, Arlington Heights. III. 
Roy F. Wilcox, Montebello, Calif. 
Walter E Campbell, New Haven, Conn. 
A. C. Wilson. Springfield, 111. 
Other prominent men and horticulturists will be added 
to the Board of Directors as rapidly as possible. 
