THE NATIONAL NURSERYMAN 
47 
into the United States of injurious plant diseases or insect 
pests, the said commission shall promulgate its decision, 
and thereafter, and until such promulgation is withdrawn, 
such plants and ])lant products imported or offered for 
import into the United States, or any of its possessions, 
shall be subject to all the provisions of this Act. 
Sec. II. That the term “Territory,” as used in this 
Act, shall include the in.sular possessions of the United States 
and the Canal Zone. 
Sec. 12. That any person, firm, or corporation who shall 
violate any of the provisions of this Act, or who shall forge, 
counterfeit, alter, deface, or destroy any certificate provided 
for in this Act or in the regulations of the Federal Horti¬ 
cultural Commission, shall be deemed guilty of a mis¬ 
demeanor, and shall, upon conviction thereof, be punished 
by a fine not exceeding .five hundred dollars, or by im¬ 
prisonment not exceeding one year, or both such fine and 
imprisonment, in the discretion of the court, and it shall be 
the duty of the United States attorneys diligently to prose¬ 
cute any violations of this Act which are brought to their 
attention by the Federal Horticultural Commission or 
which come to their notice by other means. 
Sec. 13. That there is hereby appropriated, out of the 
moneys in the Treasury not otherwise appropriated, to be 
expended as the Federal Horticultural Commission may 
direct, for the purposes and objects of this Act, the sum 
of fifty thousand dollars, which appropriation shall 
become available on-, nineteen hundred and-. 
Sec. 14. That this Act shall become and be effective 
from and after the first day of July, nineteen hundred and 
twelve. 
[The above is subject to change and modification according to 
mutual agreement between the Legislative Committee and United 
States Department of Agriculture. See comments, page 55. Ed.] 
Legislation 
PETER YOUNGERS ACTIVE 
Peter Youngers of Nebraska has, in the language of the 
day, not been allowing the grass to grow under his feet in 
connection with the testing of the laws of Montana and 
Wyoming affecting nurserymen. He has taken this up with 
the attorney-generals of the states in question, and has 
received as an opinion the information that it will not be 
necessary to pay a license fee in the state; for such would 
interfere with inter-state commerce. The condition may 
be changed where the business is done through a representa¬ 
tive; for such representatives would probably be subject to 
the regular internal taxes of the state. Mr. Youngers has 
also been occupied with the task of endeavoring to unify some 
of the irregularities of the laws of these western states. 
May his efforts be attended with a large measure of success. 
The following is his advice to nurserymen: 
Do Not Pay License in Montana 
Geneva, Neb., Jan. 12, 1912. 
Should any attempt be made to collect a license in 
Montana, wire W. M. Johnson, Atty., Billings, Mont., and 
also notify me and we will take the matter up at once. Mr. 
Johnson will now turn-his attention to the Wyoming law, 
and we hope to get good results from that state. If any 
demand is made in Wyoming for license advice me at once 
and if any nurseryman has paid license lately advise me 
[iromptly and give date so that we can get action promptly. 
Respectfully yours, 
Peter Youngers, 
Chairman. 
Mr. Youngers’ advice is based upon the following: 
Helena, January 3, 1912. 
Hon. Chas. A. Taylor, 
County Attorney, 
Billings, Mont. 
Dear Sir; 
I acknowledge receipt of your letter of the 28th ult., relating to case 
proposed to be instituted by Mr. Johnson of that city to test the consti¬ 
tutionality of the law requiring persons, firms, or corporations engaged 
in the business of selling nursery stock in this State to procure a license. 
When Mr. Johnson was in the city a few days ago this question was 
discussed and it was then thought advisable to have such action insti¬ 
tuted in case the State Board of Horticulture demanded the payment of 
this license of nurseries situated without the State. You are aware 
of the doubt existing relative to the constitutionality of this part of the 
statute. However, since the interview had with Mr. Johnson, Mr. 
M. L. Dean, State Horticulturist, has called at the office and after 
discussion of the law he reached the conclusion that he would not any 
longer make demand for the payment of this license by non-resident 
nurseries. In view of this fact I can see no reason now existing for the 
institution of any action whatsoever, for if no attempt is made to enforce 
the provisions of this law relating to foreign nurseries, then such nur¬ 
series are not injured by reason of the mere fact that the law still re¬ 
mains upon the statutes. 
I would, therefore, respectfully suggest that no action be brought 
unless the State Horticultural authorities do make some attempt to 
enforce this law. Of course, you understand this applies only to the 
license feature of the law and has no bearing whatsoever upon the 
inspection of stock shipped into the State or of the fees, if any, required 
for that purpose. 
Yours very truly, 
Albert J. Galen, 
Attorney General. 
Quiz Column 
HANDLING STORED STOCK 
Messrs. Thomas Meehan & Sons, 
Dresher, Pa. 
Dear Sirs: 
Having read an article by you in the National Nursery¬ 
man we would like to impose upon you for a little infonna- 
tion as to the care of a storage cellar. 
We built a storage building in the season of 1910; this 
building is built practically all above ground and is 60 by 72 
feet, built of hollow building tile, i course 4x41 compart¬ 
ment and I course 4x82 compartment tiles with 2 in. air 
space between the courses making a 14 inch wall. 
We have openings 10 inches square in the walls near the 
ground which we can open to let in air, these openings being 
spaced about 10 feet apart, in the walls of the airway above 
