Cbc matronal IRurseryman. 
FOR GROWERS AND DEALERS IN NURSERY STOCK 
The National Nurseryman Publishing Co., Incorporated 
Vol. XXIV. ROCHESTER, N. Y., FEBRUARY, 1916. No. 2 
State Nursery Stock Laws and Interstate Commerce 
Read Before the Western Association of Nurserymen at their 25th 
Annual Meeting December 9, 1915 
By Curtis Nye Smith 
T WO years ago, this country was desperately near 
a terrible war with a great nation, because one 
of our states had enacted a local law designed 
to protect its citizens from certain alien land owners. 
This law, however, contravened the terms of a Treaty 
which the United States Senate, acting within its con¬ 
stitutional duties and rights, had made with this foreign 
nation. There was a tremendous feeling of antagonism 
and criticism of the good faith of this country. The 
President sent the Secretary of State, a most unusual 
procedure, to plead with the Governor and Legislature 
of this State to abandon the law, not on the ground of 
the illegality of the state law or because of its unconsti¬ 
tutional conflict with national rights and powers, but as 
a favor and to preserve peace. This is but one illus¬ 
tration, out of a countless number, of the extraordinary 
and lamentable contests between state and national 
powers. The historical, political, judicial and economic 
development of this conflict reads like a romance. 
For the purpose of introducing the subject under dis¬ 
cussion, it is sufficient to say, that, from the foundation 
of this government there has and always will be a con¬ 
test between State and Federal rights and powers. It 
was only after the most strenuous efforts, arousing hit¬ 
ter and enduring controversies, that the states sur¬ 
rendered to the National Government by means of the 
Federal Constitution, adopted in 1789, certain powers, 
one of which was the right of Congress to regulate and 
control the commerce between the states and loreign 
countries. This commerce between the states we call 
interstate. Just what is, or is not, interstate commerce 
is not defined by the Constitution. For this definition 
we must and do look to the interpretations gradually, 
haltingly, and sometimes uncertainly enunciated in the 
decisions of the Supreme Court of the United States. As 
the methods of trading have changed or expanded, as the 
means of transportation and the communication of mer¬ 
chants have been mam; quicker and easier, this great 
court has added to its definitions of interstate commerce 
and explained the limitations of the state laws in restric¬ 
tion of such commerce. Nevertheless, the subject, ex¬ 
cept in its general principles, is difficult of understand¬ 
ing both theoretically and practically. The business 
man transacting business in many states, in which there 
are numerous and difficult restrictive laws, demands to 
know how he can safely ship his merchandise in inter¬ 
state commerce without submitting to those burdensome 
laws. It is the object of this discussion to point out in 
ordinary language the relationship of state nursery stock 
laws to interstate commerce in such merchandise. 
While the Congress has, as we have seen, control of 
interstate commerce, there are two apparent, and in prac¬ 
tice real exceptions to the general rule. By the Federal 
Constitution the States have reserved to themselves the 
power to inspect imports or exports. The other power, 
not mentioned in the Constitution but reserved to the 
States, is the police power of the States to enact reason¬ 
able and appropriate laws to protect the morals, health, 
safety and general welfare of their citizens, and to pre¬ 
vent fraud and deception. Under these two powers only 
can interstate commerce be affected by State laws. The 
United States Supreme Court has recognized these state 
rights, but only with certain limitations, such as, for ex¬ 
ample, that the state laws must he reasonable, must not 
unfairly discriminate against interstate commerce, must 
not, under the guise of inspection laws he in effect 
revenue measures and a direct regulation of interstate 
commerce. As a result of the Supreme Court decisions 
it may with some assurance he stated that the states, 
with the probable exception of New York State, which, 
except in certain particulars, has. by its constitution pro¬ 
hibited inspection laws, may enact these nursery stock 
laws in order to provide inspection for the detection and 
elimination of injurious plant diseases and pests, and for 
the sole purpose of paying the cost of such inspection 
may charge such reasonable fees as have a proper and 
direct relationship with the costs of such inspection. 
These laws may in direct terms, prohibit or restrict the 
introduction of nursery stock affected hv such diseases 
or pests. The practical effect is that interstate com¬ 
merce is regulated by this class of laws just described. 
On the other hand these nursery stock laws have been 
