266 
THE NATIONAL NURSERYMAN 
discussion of the law he reached the eonclusion 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 atempt is made 
to enforce the provisions of this law relating to foreign nurseries, then 
such nurseries are not injured by reason of the mere fact that the law 
still remains 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 inspec¬ 
tion of stock shipped into the State, or of the fees, if any, required for 
that purpose. 
Yours very truly, 
Albert J. Galen, 
Attorney General. 
January ii, 1912. 
Mr. Peter Youngers, 
Geneva, Nebr. 
Dear Sir: 
Your favor of the 8th inst., received. My recollection is that I 
have sent you copies of letters and telegrams from Mr. Dean which 
ought to answer your purposes for publication. If not, advise me 
as to the date of copies of letters and telegrams of Mr. Dean that I 
have sent you and I will see if I have any other letters whieh will be of 
benefit to you in case you desire to publish same. 
I have already written to the Wyoming authorities. As soon as I 
hear from them will write you again. 
Very truly yours. 
W. M. Johnston. 
P.S.—Since writing the above I have received letter from Mr. 
Dean, copy of which I herewith enclose. 
Missoula, Montana, Jan. lo, 1912. 
Mr. W. M. Johnston, 
Billings, Montana. 
Dear Mr. Johnston: 
I take up your letter of the 3d for reply, and, as you were informed 
from this office of our action regarding the matter that point is covered. 
I can see no reason of going to the expense of carrying the matter 
to the supreme court, and so have simply ceased to demand the license 
fees, and no such charges will be made against any outside nurseries 
who do not have the stock in the state at the time of selling, or when 
orders are taken. 
I shall see you as soon as the weather moderates and we can then 
talk the matter over. 
Yours very truly, 
M. L. Dean, 
State Hortictilturist. 
March 6, 1912. 
Mr. Peter Youngers, 
Geneva, Nebr. 
Dear Sir: 
Your favor of the 4th inst. received. Herewith I hand you copy 
of letter I have this day sent to each member of our Board of Horti¬ 
culture. I am still hopefu ithat I may get Mr. Dean to consent to a 
friendly suit to determine the validity of our license law. 
Very truly yours, 
W. M. J0HN.ST0N. 
March 6, 1912. 
Mr. W. J. Chrismas, 
Joliet, Mont. 
Dear Sir: 
As you know, Mr. Dean, State Horticulturist, on the advice of 
Attorney General Galen and with the approval of Gov. Morris, decided 
not to attempt to collect any license from outside nurserymen doing 
business in the state of Montana because both the Attorney-General 
and the Governor were satisfied that our law was unconstitutional. 
As the attorney for outside nurserymen, I had been trying for 
months to get Mr. Dean to join me in the institution of a friendly suit 
for the settlement of this question. He finally declined to do so on 
the advice of the Attorney-General and then advised me that no at¬ 
tempt would be made to collect this license. I so advised my clients. 
Relying upon this assurance, no further effort was made to test the law 
in this state. Now, just about the time nurserymen are preparing to 
fill their orders for the year the State Horticulturist advises me that 
because of some action taken recently at a meeting at Great Falls he 
will be compelled to break his promise to me and insist on the payment 
of this license fee. I do not care so much about that as my clients 
would be very glad to have the law tested. The part I object to is that 
Mr. Dean refuses to consent to a friendly suit so that this matter may 
be determined without any unnecessary delay, expen.se or cost. 
He evidently insists upon harassing and annoying outside nursery¬ 
men as much as he can. This will benefit no one but is a very dis¬ 
courteous acfJon his jiart to say the least. He however, advises me that 
he is doing this by direction of the State Board and not of his own 
volition. . 
Will you kindly advise me on this matter and state whether or not 
you are willing that our license law may be tested by a friendly suit so 
as to avoid the necessity or desirability of having the inspectors jump 
on to every shipment of nursery stock into this state this year. I 
want you to understand that I am in no way attacking the inspection 
laws of Montana, neither are my clients. 
An early reply will be greatly appreciated. 
Very truly yours, 
April 29, 1912. 
Mr. Peter Youngers, 
Geneva, Nebr. 
Dear Sir: 
I have received a letter from Mr. Dean in regard to your shipment 
of stock but he does not answer my question. I have written him 
again and asked him to give me an answer yes or no as to whether he 
will interfere with your shipment so that we may test the constitu¬ 
tionality of the law. I fear that he has no intention of doing so. 
Very truly yours, 
W. M. Johnston. 
May 4, 1912. 
Mr. Peter Youngers, 
Geneva, Nebr. 
Dear Sir: 
I have just received a letter from Mr. Dean advising me that the 
State Board has directed him not to aid me in any way in getting a case 
into the Montana courts, for the purpose of testing our nursery license 
law. He states that the Board has decided to have the matter changed 
in the next Legislature, that as practically all nursery stock has been 
delivered for this year nothing will be gained by suit, and that the 
matter will be settled before time to deliver stock next year. 
Very truly yours, 
W. M. Johnston. 
J. M. P.—Please read and return to Mr. Youngers for his file, he 
wishes to embody this letter in his report at the June meeting. 
H. B. C. 
Business )Movcnicnts 
The William Stark Nursery Company, Chester, Missouri, has 
recently established itself in the southwest corner of the state, where 
Mr. W. H. Stark, son of ex-president W. P. Stark, is establishing a 
nursery plant, in which the following specialties will be grown: Apples, 
supplemented by a general line of fruit, perennials, including roses 
and rose stocks, peonies, phlox, and iris. Mr. Stark is of the opinion 
that his soil is peculiarly adapted to the culture of the.se plants, and is 
planning to grow them on a large scale. He is now working on plans 
and specifications for a concrete storage house as part of his building 
equipment. 
J. E. Dwyer & Co., of Manchester, Conn., have leased the farm of 
the late Walter Stapelton at Geneva, N. Y., and next season intend 
to plant a general line of stock on the place. 
NOTICE OF DISSOLUTION 
This is to say that J. H. Foster has retired from the firm of Foster & 
Griffith, Nurserymen of Fredonia, N. Y., and that the business will be 
continued and carried on by R. B. Griffith, the other member of the firm. 
I shall give every branch of the business my close personal attention 
and endeavor to give to all, courteous treatment and a square deal. 
I thank you for your patronage in the past and ask for a liberal 
share in the future. 
Yours truly, 
R. B. Griffith. 
Dated, June 4th, 1912. 
“Your paper is a great help to me.” 
Idaho. G. B. Jaquith. 
“I can’t be without your paper.” 
Sweden. M. P. Anderson. 
