2 12 
THE NATIONAL NURSERYMAN 
tempted regulation of interstate commerce. Your chair¬ 
man has endeavored to arrange a test case with the Penn¬ 
sylvania authorities, but they declined to fight. Some 
nurserymen have executed the required affidavit and some 
have not done so, and I am not informed that any nursery¬ 
man failing to file the affidavit has gotten into trouble. 
Your Chairman had some correspondence with parties in 
North Dakota relative to a Bill introduced in their Legisla¬ 
ture which contained some objectionable provisions, and 
considered the Bill, and made some suggestions to the North 
Dakota people as to its unconstitutional and unreasonable 
provisions, and was informed in March, that the Bill 
was smothered in Committee, and consequently nothing 
would be done on that line for the next two years. 
In the State of New York your Chairman in connection 
with a Committee of the Eastern Nurserymen’s Association 
was called to Albany to confer with the Commissioner of 
Agriculture, and representatives of the Fruit Growers, 
relative to certain changes in the Laws of New York 
affecting the nursery in¬ 
terests, and I am glad to 
report that such changes as 
were made, were agreeable 
to all the interests involved. 
The changes -were on the 
lines of strengthening the 
hands of the Department in 
connection with the inspec¬ 
tion of foreign nursery stock, 
and the most important 
change in the Law was the 
one removing the require¬ 
ment of fumigation of nur¬ 
sery stock from other states. 
As the Law now stands, 
nursery stock can be ship¬ 
ped into New York State without fumigation, but is 
subject to inspection by the Department of Agriculture 
after its arrival within the State. The New York Law is 
one which might well be copied by other states of the Union. 
California—During April your Chairman received a 
letter from one of the members of this Association residing 
at Rochester, N. Y., stating that a short time previous he 
had shipped a few peach trees to a California customer, 
and had been unable to get them delivered. A regular 
inspection certificate was attached, and also a certificate 
of fumigation, but notwithstanding that the California, 
authorities acting through the transportation companies 
would not permit delivery, and it seems that under their 
rules and regulations it would be practically impossible 
for many of our nurserymen to ship peaches into that 
State. In sending on this correspondence the member 
suggested that it might be well for the Committee to 
secure a legal opinion, but I told him in reply that the 
shipping season was then at its close, the meeting of the 
Association was near at hand, and that it would probably 
be better to report the matter to the Association and ask 
for instructions. Should the Association feel interested 
and desire to have the matter taken up, it should be 
referred to the Committees on Legislation for next year 
with instructions. 
State of Wyoming—Your Chairman had- some cor¬ 
respondence with Western nurserymen represented by Mr. 
E. S. Welch of Shenandoah, Iowa, relative to testing the 
law of that state, and with the understanding I believe that 
the expense would be shared by some of the Western 
people interested largely in Wyoming trade. I believe the 
matter was discussed at the Convention of the Western 
Wholesale Association, and in March Mr. Welch advised me 
that it was thought advisable to defer action and discuss 
the matter at this Convention. In the opinion of our 
attorneys the Wyoming Law has some unconstitutional 
provisions which might be successfully attacked, and it is 
for this Association to decide whether any further action 
should be taken. 
In view of the fact that these matters of legislation often 
arise unexpectedly, and that consequently prompt action 
is necessary, your Chairman would respectfully suggest 
that authority should be 
given to the Executive Com¬ 
mittee so that it may author¬ 
ize the Committee on Legis¬ 
lation to act on such matters 
without waiting for direct 
authority from the Associa¬ 
tion, provided always of 
course that there are suffi¬ 
cient funds in the treasury 
to cover expenses. It may 
be deemed advisable to take 
further action in relation to 
the laws -of Oklahoma, Wy¬ 
oming, and Pennsylvania, 
and it is believed that the 
Executive Committee should 
have power to decide whether action should be taken, unless 
the Association at this meeting wishes to authorize action 
by the new Legislative Committee. The following is the 
proposed act to govern inspection of imported stock. 
AN ACT 
To provide for the inspection of nursery stock and to authorize 
the Secretary of Agriculture to establish a quarantine against the 
transportation in interstate commerce of diseased nursery stock or 
nursery stock infested with injurious insects, and making an ap¬ 
propriation to carry the same into effect. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled: 
That all nursery stock, brought into the United States, including 
field-grown florists’ stock, trees, shrubs, plants, vines, cuttings, 
grafts, scions, buds, pits, or seeds of fruit and ornamental trees and 
shrubs, shall be subject to inspection by official experts of the De- 
paitment of Agriculture at final destination on the premises of the 
owner or consignee. 
Section 2. That any transportation company, person, or per¬ 
sons who shall receive, bring, or cause to be brought into the United 
States any nursery stock, including field-grown florists’ stock, trees, 
shrubs, plants, vines, cuttings, grafts, scions, buds, pits, or seeds of 
fruit and ornamental trees and shrubs, shall, within twenty-four 
hours after the arrival thereof, notify the official expert of their 
arrival and delivery to consignee. The official expert or his repre- 
Form of transportation at Jackson and Perkins excursion. 
