252 
THE NATIONAL NURSERYMAN 
agree to a test case. The attorney-general in a letter 
expressed the opinion that the law was unconstitutional. 
As soon as I received that report, I notified nurserymen 
through the trade journals, and issued three hundred circu¬ 
lars not to pay license fee on Montana. 
On December 14, the Mount Arbor Nurseries received the 
following message: “Shipment from your house to Montana 
Nursery Company being held for license fee. Your license 
expired April 25. Send twenty-five dollars and avoid injury 
to stock.” (Signed) M. S. Dean. 
Mr. Welch immediately advised me of the message, and I 
advised paying the fee under protest, which he did. 
December 20, Mr. Welch received the following: “Ap¬ 
preciating the fact that your order was placed by a licensed 
nurseryman, instead of a regular agent, we herewith return 
your draft. Stock delivered at once. Immediately upon 
receipt of your telegram, I ’phoned our 
inspector to inspect the goods. (Signed) 
M. L. Dean.” 
Mr. Welch informed me the twenty-five 
dollars was refunded. I took it for granted 
there would be no further attempt to collect 
a license fee, but later the State Horticultural 
Society urged Mr. Dean to collect a fee, 
annulling everything the attorney-general 
had rendered in our favor. We have been 
unsuccessful as yet in getting the matter 
into the courts. As long as the nurserymen 
will pay license, if there is no hold-up, we 
cannot get into court. 
Youngers & Company made a proposition 
to our attorney, offering to ship five hundred 
trees to anyone in the state, if the commis¬ 
sion would agree to hold up the shipment. 
But they would not agree to it. 
On May fourth I received another letter, 
stating that Mr. Dean had advised the 
attorney, and the State Board had directed him not to aid 
in any way toward getting a case into the Montana courts. 
This is the condition we are now in. In my judgment, the 
only way is for this Association to refuse to pay license. This 
could be done in the fall, and I -do not believe there would 
be a single shipment held up, as they do not want to get into 
court, but simply want twenty-five dollars from each nursery¬ 
man. 
A letter dated May fourth states that the Board had 
decided to have the law changed at the next legislature. 
Mr. Youngers then mentioned briefly the situation in 
Wyoming, which is much the same as in Montana, and went 
on to the case of W. C. Reed in Colorado. Two dates were 
set for the hearing of this case, but action was twice post¬ 
poned, the date now arranged for being sometime in Septem¬ 
ber. It is desired to make this a test of the constitutionality 
of the law, as well as a suit for damages, and to that end the 
Western Association and individuals in the Middle West 
have pledged $900 for the carrying on of the work. 
Mr. Youngers spoke in high terms of the assistance of 
Mr. Stark and Professor Hunter in preventing drastic legis¬ 
lation in the matter of federal inspection, and closed by say¬ 
ing; “If this Association is not in favor of any legislation, 
let us so state; and if we want legislation, tell the com¬ 
mittee just what we want, and insist that the instructions 
are followed.” 
Mr. J, M. Pitkin then moved the following: 
Resolved, that an order be drawn on the Treasurer to pay 
the bills of Mr. W. P. Stark, $249.44, and of Professor 
Hunter, $126.50, covering trips to Washington, D. C., in 
interest of federal inspection, said bills having been certified 
correct by Mr. Peter Youngers, chairman of the Legislative 
Committee West of the Mississippi. (Carried). 
Discussion on Report on Legislation 
The report of the committee was discussed by Mr. 
John Morey of Dansville, Mr. F. W. Kelley and others. 
The force of Mr. Rouse’s remarks were also 
recognized by several members. Several 
motions were made and withdrawn. The 
following prevailed: 
Mr. A. J. Brown: I don’t see any con¬ 
flict between the reports of Mr. Pitkin 
and Mr. Youngers. Therefore, I offer as a 
substitute or an amendment, that the reports 
of these gentlemen of the East and the 
West be accepted and considered by this 
body as a report of the Legislative Com¬ 
mittee. 
Discussion on These Motions 
As a member of 
the entomological committee who for four 
years have been conferring with your able 
committee, I think this is a most important 
question. Your Legislative Committee has 
put in some good hard work. We sat up to 
the wee, sma’ hours trying to effect suitable compromise. 
We are trying to protect America’s plant interests. 
We are not asking for any quarantine. We want pro¬ 
tection and nothing more. We believe in injecting com¬ 
mon sense into this question. Your vote on this question 
will indicate whether you want legislation, or whether you do 
not want legislation. This measure which your committees 
agree to with the ejcception of one man is a compromise. It 
will give you the protection that you need. You will have 
the privilege of appealing to the Secretary of Agriculture or 
the Supreme Court. 
If you vote against that report at this time, it will go out 
to the world that the American nurserymen want no legisla¬ 
tion. I know that the Southern nurserymen are behind this 
matter; Mr. Youngers’ report shows that the Western 
nurserymen are behind it. This is a model measure; it 
gives you protection without any strict quarantine. If you 
don’t adopt something of this kind. Congress is going to 
pass something far more drastic. 
Mr. F. W. Kelsey: I deprecate any action of the 
minority or of the majority, of the western or the eastern 
members. I should like to see the report of the majority 
