264 
THE NATIONAL NURSERYMAN 
becomes more muddle’d as time progresses, and it is your 
Transportation Committee’s opinion that before the case 
is finally settled, the -Interstate Commerce Commission 
will have to take absolute control, make the classification 
itself, and force both railroad and shippers to present their 
own arguments. It seems to be the general opinion that 
should the Interstate Commerce Commission finally take 
the matter in hand, that ratings secured by shippers might 
depend a great deal on political pull, or influence, and that 
a classification made by them, could not be changed inside 
of two years. At this writing, there has been no notice of 
a Western Classification meeting this summer, and as the 
work of that committee last summer has been suspended, 
the chances are against any further meeting until the com¬ 
mission makes their decision on classification No. 51. As 
stated in previous reports of your Committee, we still 
recommend the attendance at Classification meetings of 
one or more representatives from the Nurserymen’s Associa¬ 
tion, thereby not losing any. acquaintance, or prestige, that 
may have been gained by attendance at previous meetings. 
Respectfully submitted, 
D. S. Lake, Chairman. 
FEDERAL LEGISLATION 
By PETER YOUNGERS, Geneva, Neb. 
At the annual meeting of the Western Association 
of Nurserymen held in Kansas City, Mo., in December 
last, Mr. W. P. Stark, a member of the National Legisla¬ 
tive Committee and S. J. Hunter, State Entomologist of 
Kansas, were requested to take up the matter of Federal 
Legislation at Washington, with Committees from the 
Association of Economic Entomologists, Association of 
Horticultural Inspectors, American Association of Nursery¬ 
men, and representatives of the. Department of Agriculture. 
They met with the committees, in view to assist the com¬ 
mittee in framing a bill that the committee would mutually 
agree upon, that would be a safe, sane and practical Federal 
Inspection Bill. Mr. W. P. Stark and Professor Hunter 
attended the Conference in Washington. 
To these gentlemen, in a large measure, credit is due 
in preventing the passage of some very drastic measures 
that would injure the nurserymen of the United States. As 
Mr. W. P. Stark and Speaker Champ Clark are very good 
friends, residing in the same county,—with this acquaintance 
it was not difficult to secure a hearing before the proper 
Legislative Committee, and having such an able assistant 
as Professor Hunter, one of the most level-headed entomolo¬ 
gists in the United States, and friendly to the nursery 
interests, to assist in presenting the case from the Entomol¬ 
ogist standpoint, made this committee one that would impress 
any fair-minded body of men. That they asked only what 
was right and proper in such an important bill to protect 
the interests of the fruit-grower and nurserymen, in adding 
these distinguished gentlemen to assist in the work of the 
committee, we felt that we had added strength, wisdom, 
and energy to a committee already strong and from reports 
received from Washington, flie combined committees were 
none too strong to secure legislation or to prevent very 
drastic measures from becoming a law. There has been a 
number of bills introduced, withdrawn and amended and 
the bill now pending may pass the session of Congress. 
I believe the Association should positively instruct 
the Legislative Committee what it wants in line of Federal 
Legislation and no better time or place than at this meeting 
could be chosen. If this association is not in favor of any 
legislation, let us so state, and if we want legislation, tell 
the Legislative Committee just what you want and insist 
that the instructions are followed. 
To the Chairman and Members oj the American Association 
of Nurserymen: 
As soon as possible after the convention at vSt. Louis, I 
commenced to start an action in Montana. After cor¬ 
responding with the Montana Nunsery Co., of Billings, Mont., 
and also some personal friends, they all recommended 
W. M. Johnston, of Billings, as the proper attorney to 
conduct this suit. 
I then personally visited Mr. Johnston, and had him 
prepare an opinion and agree upon a price in the event he 
had to take the matter through court. Upon submitting 
this to the executive committee I received word to go ahead. 
In October I instructed Mr. Johnston to proceed to test 
the constitutionality of the law, but it seemed to be im¬ 
possible to start an action as the Attorney General would 
not join in the matter, nor would the State Board of Horti¬ 
culture agree to a test case. Having no case that we could 
try on its merits, our attorney consulted with the Attorney 
General and some of the other state officials, and the At¬ 
torney General, in a letter to Mr. Johnston, expressed the 
opinion that the law was unconstitutional. 
On December 14th, 1911, The Mount Arbor Nurseries, 
of Shenandoah, la., received the following message: 
“Shipment from your house to Montana Nursery Co., Hamilton, 
being held for license fee. Your license expired April 25th. Send $25 
and avoid injury to stock. Letter follows. 
M. L. Dean. 
Mr. Welch immediately notified me of the message and 
I advised the paying same under protest, and he wrote the 
following letter; 
“Mr. M. L. Dean, Chief Inspector, Missoula, Mont. Dear Sir: In 
response to your telegram we are wiring you as per copy of message 
enclosed and herewith enclosed Chicago check for $25 as referred to in 
our message. We make this payment under protest as we consider 
it illegal, but of course, cannot avoid doing so if you demand it and are 
holding our goods, because the goods are perishable and would be 
destroyed. According to a former ruling, the shipments made to 
licensed nurserymen were permitted, although we do not see how you 
can legally collect license fee on interstate business such as we are 
doing. I shall be glad to receive full information from you as to the 
grounds which you base your demands for this license fee. Truly yours, 
E. S. Welch.” 
In a letter dated Dec. 20th, Mr. Welch received this reply: 
Dear Mr Welch: 
Appreciating the fact that your order was placed by a licensed 
nurseryman instead of a regular agent we herewith return your draft. 
The stock was delivered to consignee at once, he holding it for inspection. 
