276 
THE NATIONAL NURSERYMAN 
placed in an ice-pack, which is permitted to melt, the 
seeds will heat and destroy their germinating quality. 
Under these circumstances, the Supreme court said: 
“We think it is apparent from these facts that there 
were at least two causes for the destruction of the ger¬ 
minating quality of the seeds after they were received by 
the defendant. If the seeds were left too long in water, 
they would germinate, and ice would then destroy the 
germination; and, secondly, if they were properly placed 
upon the ice, and the ice was permitted to melt, the seeds 
would heat, and the heat would destroy the germinating 
quality. Both of these conditions are present in this 
case. 
“Assuming, without deciding, that there was an ex¬ 
press warranty of the quality of the seeds, the testimony 
is not disputed that the usual test was applied to the 
seeds by the plaintiff to determine the germinating qual¬ 
ity of the seeds, and the test showed the seeds to be good. 
There is no evidence to dispute the good quality of the 
seeds, except that the seeds when planted did not grow. 
But the method of handling the seeds by the defendant 
after he received them is sufficient to show that it was 
through his own neglect and failure to properly treat the 
seeds that their germinating power was killed. 
The Cunningham Nursery Company, Seymour, In¬ 
diana, expect to go out of the business in the near future. 
They have been subscribers of “The National Nursery¬ 
man” for nearly fifteen years. 
MARSHALL BROS. 
Marshall Bros., Arlington, Nebraska, have incorporated 
their business under the name of Marshall Bros. Co. 
The new company is taking in all of the nursery stock, 
orchards, live stock, implements, etc., and in short all 
personal property owned by the firm, buying in the 
office property and the original 80 acres of nursery 
ground containing the packing house, cellars and some 
four or five tenant houses. The balance of the ground, 
consisting of about 3000 acres, a part of which was in¬ 
cluded in the former partnership is now being drawn out 
of the business and held individually by some of the 
above named parties. Some of it, however, located at 
or near the nursery will be leased back to the new com¬ 
pany to be used in the business. 
The Marshall Brothers started growing nursery stock 
in 1887. G. A., C. C. and H. W. grew and sold this in 
the start to farmers and home owners in Washington 
county. By gradually increasing their sales force from 
year to year, practically the whole state as well as much 
territory in neighboring states is now worked by a large 
force of salesmen each year. It has been a business 
enterprise that has gradually grown, each year showing 
a substantial gain, from nothing to one of the largest 
concerns in the west. None of the boys had any pre¬ 
vious experience in growing or selling trees and plants 
but by thorough application, close study, hard work and 
good judgment they have made a success and are now re¬ 
cognized as leaders in horticulture in the central west. 
DOINGS OF ENTOMOLOGISTS 
Dr. L. 0. Howard has recently been elected a member 
of the National Academy of Sciences and President of 
the Washington Academy of Sciences. 
Mr. B. R. Leach, Bureau of Entomology, has returned 
to his permanent headquarters at Winchester, Ya., where 
he will continue his investigations of the woolly apple 
aphis. 
Mr. E. H. Siegler, Bureau of Entomology, who has 
been in Washington for the past few months, has now 
returned to his field headquarters at Grand Junction, 
Colo., where he is engaged in codling moth investigations. 
Mr. E. W. Geyer, Bureau of Entomology, formerly in 
charge of the laboratory at Roswell, N. M., has severed 
his connection with the Bureau and Mr. R. J. Fiske is 
now in charge of this laboratory and is engaged in cod¬ 
ling moth investigations. 
Mr. W. F. Turner, who has been assisting Mr. A. C. 
Baker at Vienna, Ya., in life-history studies of plant lice, 
lesigned from the Bureau of Entomology to accept ap¬ 
pointment. with the Georgia State Entomologist, with 
headquarters at Thomasville, Ga. 
Mr. D. Isely, Bureau of Entomology, who has been in 
Washington preparing his notes on grape-insect investi¬ 
gations, has returned to the field for the purpose of re¬ 
suming investigations of the grape-berry moth and other 
grape insects at North East, Pa. 
In Palmer Park and North Cheyenne Canyon, within 
a short distance of Colorado Springs, Colo., Mr. George 
Hofer, Bureau of Entomology, will. make a study of 
Agrilus acutipennis var., in relation to the dying of oak 
trees within the City and Mountain Parks. 
Mr. A. C. Baker, Bureau of Entomology, who has been 
engaged in life-history studies of plant lice, with head¬ 
quarters at Vienna, Ya., has been transferred to Washing¬ 
ton, D. C., as permanent headquarters, where he will 
continue life-history studies of plant lice and systematic 
work with Aphididae. 
Mr. George S. Demuth. Bureau of Entomology, will 
leave soon for Winchester, Ya., to resume the work on the 
effect on bees of spraying fruit trees, in co-operation with 
the Office of Deciduous Fruit Insect Investigations. The 
work will also probably be continued at a more northern 
point at a later date. 
Mr. E. B. Blakeslee, Bureau of Entomology, who has 
been in Washington preparing notes on the subject of his 
field investigations, has returned to the field to resume his 
investigations of peach insects and will spend a good deal 
of his time this season in the neighborhood of Springfield, 
W. Va., investigating the peach-tree borer. 
Mr. H. G. Ingerson, Bureau of Entomology, who has 
been assisting Mr. Simanton at Benton Harbor, Mich., in 
connection with orchard-insecticide and spraying-ma¬ 
chinery investigations, after spending some little time in 
Washington in the preparation of his field notes, has now 
returned to the field for the purpose of undertaking in¬ 
vestigations of the grape-berry moth and other grape 
insects in northern Ohio. 
From Journal of Economic Entomology . 
