132 
THE NATIONAL NURSERYMAN 
THE MASSACHUSETTS ANTI-GRAFT RILL 
The Nurserymen of Massachusetts headed by Harlan 
P. Kelsey of the Boxford-Highlands Nursery, Salem, 
Massachusetts, and chairman of the Standardization 
Committee for the American Association of Nurserymen, 
are making a strong fight to raise the Ethical standards 
of the Nursery business in that state. 
The nurserymen are co-operating with the other indus¬ 
tries to secure an amendment to Chap. 495, Mass. Acts, of 
1912 whereby it will become unlawful to give or receive 
graft. It is aimed to have such a law passed that will 
make it a mis-demeanor, with severe penalties. 
Tin' most promising feature of the Rill, proposed by 
Mr. Kelsey and associates, is the immunity clause. It 
makes the one who shall he the first to report the facts, 
under oath to any State’s Attorney and who shall give 
evidence tending to the Conviction of any other person, 
charged with an offense under this Act, shall he granted 
full immunity from prosecution under this Act with re¬ 
spect to the offense reported. 
Ry this means the employee of an individual or corpor¬ 
ation will put himself at the mercy of the nurserymen, 
should he accept a commission, as will the nurseryman 
who gives it. 
It can readily he seen what a tremendous influence 
tin 1 Act. should it become Law. will have on such corrupt 
practices. 
The Amendment is as follows: The words in Italics 
to he added to the present law. 
PROPOSED AMENDMENTS TO CHAPTER 195 
MASSACHUSETTS ACTS 1912. 
Words in ( Parenthesis ) to be omitted. Words in 
Italic to he added 
Sec. 1. Whoever (corruptly) gives, offers, or promises to an 
agent, employee, or servant, any gift or gratuity whatever, with 
intent to influence his action in relation to the business of his 
principal, employer, or master; or as agent, employee, or serv¬ 
ants (corruptly) requests or accepts a gift or gratuity or a prom¬ 
ise to make a gift or to do an act beneficial to himself, under an 
agreement or with an understanding that he shall act in any par¬ 
ticular manner in relation to the business of his principal, em¬ 
ployer, or master; or an agent, employee, or servant, who, being 
authorized to procure materials, supplies, or other articles either 
by purchase or contract for his principal, employer, or master, 
or to employ service or labor for his principal, employer, or 
master, receives, directly or indirectly, for himself or for an¬ 
other, a commission, discount, or bonus from the person who 
makes such sales or contract, or furnishes such materials, sup¬ 
plies, or other articles, or from a person who renders such serv¬ 
ice or labor; and any person who gives or offers such an agent, 
employee, or servant such commission, discount, or bonus, shall 
violate the provisions of this Act. 
Sec. 2. That it shall he unlatwful for any person, corporation, 
partnership or other organization to use or to give to an agent, 
employee, or servant of another, or for any agent, employee or 
servant, to use. approve, or certify, with intent to deceive the 
principal, employer or master, any receipt, account, invoice or 
other document in respect of 'which the principal, emvloyer or 
master is interested, which contains any statement which is false, 
erroneous, or defective in any material particular or which omits 
to state fully the fact of any commission, money, property, or 
other valuable thing having been given or agreed to he given to 
such agent, employee or servant. 
Sec. 3. That evidence shall not he admissible in any proceeding 
or prosecution under the Act to show that a gift or acceptance 
of any commission, money, property, or other valuable thing as 
is mentioned in this Act is customary in any business, trade, or 
calling, nor shall the customary nature of such transactions be 
any defense in any such proceeding or prosecution. 
Sec. 4. No person shall be excused from attending, testifying, 
or producing books, papers, contracts, agreements, and documents 
before any court or in obedience to the subpoena of any court 
having jurisdiction of the offense described in the preceding sec¬ 
tions on the ground or for the reason that the testimony or evi¬ 
dence, documentary or otherwise, required of him may tend to 
criminate him or subject him to a penalty or forfeiture, but no 
person shall be liable to any suit or prosecution, civil or crim¬ 
inal, for or on account of any transaction, matter, or thing con¬ 
cerning which he may testify or produce evidence, documentary 
or otherwise, before said court or on obedience to its subpoena 
or in any such case or proceeding. Provided that no person shall 
be exempt from prosecution and punishment or perjury com¬ 
mitted in so testifying. 
Sec. 5. That any person having committed an offense within the 
purview of this Act who shall be the first to report the facts 
under oath to any State’s Attorney and who shall give evidence 
tending to the conviction of any other person charged with an 
offence under this Act, shall be granted full immunity from pro¬ 
secution under this Act with respect to the offense reported. 
Sec. 6. Whoever violates any of the provisions of this Act shall 
be deemed guilty of a misdemeanor and on conviction thereof, 
shall be punished by a fine of not less than $10. nor more than 
$500., or by such fine and by imprisonment for not more than one 
year. If a corporation, partnership, or other organisation is 
guilty of a violation hereof, the person or persons through 
whom the corporation, partnership or other organisation acts 
shall also be deemed guilty and jiwnished as aforesaid, except 
that if the person who commits the said offense acts as agent or 
officer of any person, partnership, or corporation to employ per¬ 
sons as clerks, laborers, or otherwise, the offense shall be felony 
punishable by a fine of not less than $25. or more than $500., or 
by imprisonment in the State prison for not more than three 
years. The district attorneys in their respective districts shall 
prosecute all violations of this section. 
Sec 7. That if any provision of this Act shall, for any reason 
be adjudged to be invalid, such judgment shall not affect, impair 
or invalidate the remainder of the Act, and that this Act shall 
take effect immediately. 
Mr. Kelsey, before the Committee testified that the New 
England Nursery Association, in January of the present 
year, adopted regulations whereby a member, against 
whom evidence of Bribery is presented, will be expelled 
from the Organization and the Association would stand 
back of the prosecution of such member. He explained 
that every member of the Association had signed an 
agreement to refrain from the bribery practices, which 
had so infested the business. 
Among the seventy men of well known business firms 
who signed a petition for the Bill were Donald D. 
Wyman. Bay State Nurseries, No. Abington, Mass.; T. 
C. Thurlow’s Sons, Inc., West Newbury, Mass.; W. G. 
Wyman, Littlefield-Wyman Nurseries, North Abington, 
Mass.; G. H. Frost, Brae Burn Nurseries, West Newton, 
Mass.; Richard Wyman, Framingham Nurseries, Fram¬ 
ingham. Mass.; James Brandley, Walpole, Mass.; and 
Julius Heurin, South Braintree, Mass. 
Manchester is becoming the New England head¬ 
quarters for nursery stock. This business started some 
years ago when the C. R. Burr Company bought the Hub- 
hard Farm on Oakland street. From a small beginning 
the business has developed until it is now one of the 
largest nursery concerns in New England. From the 
Burr Nursery several other concerns have branched out, 
including Heath & Company, the C. E. Wilson Nurseries 
and the Charles Vanderbrook & Son Nursery. All these 
concerns have their headquarters here and raise most of 
their stock in Manchester. At this time of the year large 
shipments are made both by express and parcel post. 
The nursery business is a big item in the postal receipts 
of the local office. It also materially increases the ex¬ 
press business of the town, and best of all the industry 
gives employment to hundreds of men and women all the 
vear round. The nursery business has the entire country 
for a market and it is sure to develop into greater 
proportions.— From Manchester Evening Herald, 4-25-23. 
