108 
THE NATIONAL NURSERYMAN 
clipping back to encourage busliiness. This should he 
done while the new growth is soft. 
The Spruce makes its growth in a coinparalively short 
period in the Spring. If you can do your transplanting 
just before it takes place, in the Spring, you will lind it 
the best time. Later planting can he done after the 
growth has hardened and will he quite safe if they are 
dug with a hall and too much drvness can he avoided 
following the operation. 
We might say in the locality named that ground that 
will produce a good croj) of corn will gro^^^ Norway 
Spruce. 
THK MASSACHUSETTS ANTI-GRAFT LAW 
Mr. Harlan P. Kelsey, Salem, Massachusetts, })resident 
of the American Association of Nurserymen, is working 
very hard for the passage of a law against hrihery and 
graft in the state of Massachusetts. 
At a hearing, before the Legislature Committee, on 
legal alfairs, on March 11th, Mr. Kelsey along with other 
prominent business men of the state, ai)peared and urged 
the passage of the hill given below: 
AN ACT RELATIVE TO CERTAIN CORRUPT CONDUCT ON 
THE PART OF AGENTS AND OTHERS 
Be it enacted by the Senate and House of Representatives 
in General Court assembled, and by the authority of the same, 
as follows: 
Section 1. Whoever, gives, offers, or promises to an agent, 
employee, or servant, any gift or gratuity whatever, with intent 
to influence his action in relation to the business of his prin¬ 
cipal employer, or master; or as agent, employee, or servant 
requests or accepts a gift of gratuity or a promise to make a 
gift or to do an act beneficial to himself, under an agreement 
or with an understanding that he shall act in any particular 
manner in relation to the business of his principal, employer, 
or master; or an agent, employee, or servant, who, being author¬ 
ized to procure materials, supplies, or other articles either 
by purchase or contract for his principal, employer or master, 
or to employ service or labor for his principal, employer, or 
master, receives, directly or indirectly, for himself or for an¬ 
other, a commission, discount, or bonus from the person who 
makes such sales or contract, or furnishes such materials, 
supplies, or other articles, or from a person who renders such 
service or labor; and any person who gives or offers such an 
agent, employee, or servant such commission, discount, or 
bonus shall violate the provisions of this act. 
Section 2. That it shall be unlawful for any person, corpora¬ 
tion, partnership or other organization to use or to give to 
an agent, employee, or servant of another, or for any agent, 
employee or servant, to use, approve, or certify, with intent 
to deceive the principal, employer, or master, any receipt, 
account, invoice or other document in respect of which the 
principal, employer, or master is interested, which contains 
any statement which is false, erroneous, or defective in any 
material particular or which omits to state fully the fact 
of any commission, money, property, or other valuable thing 
having been given or agreed to be given to such agent, em¬ 
ployee or servant. 
Section 3. That evidence shall not be admissible in any 
proceeding or prosecution under this act to show that a 
gift or acceptance of any commission, money, property, or 
other valuable thing as is mentioned in this act is customary 
in any business, trade, or calling, nor shall the customary 
nature of such transactions be any defense in any such pro¬ 
ceeding or prosecution. 
Section 4. No person shall be excused from attending, 
testifying, or producing books, papers, contracts, agreements, 
and documents before any court or in obedience to the subpoena 
of any court having jurisdiction of the offense described in the 
preceding sections on the ground or for the reason that the 
testimony or evidence, documentary or otherwise, required of 
him may tend to criminate him or subject him to a penalty or 
forfeiture. But no person shall be liable to any suit or prose¬ 
cution, civil or criminal, for or on account of any transaction, 
matter, or thing concerning which he may testify or produce 
evidence, documentary or otherwise, before said court or in 
obedinece to its subpoena or in any such case or proceeding. 
Provided that no person shall be exempt from prosecution and 
punishment for perjury committed in so testifying. 
Section 5. That any person having committed an offense 
within the purview of this act wdio shall be the first to report 
the facts under oath to any state’s attorney and who shall give 
evidence tending to the conviction of any other person charged 
with an offense under this act, shall be granted full immunity 
from prosecution under this act with respect to the offense 
reported. 
Section 6. Whoever violates any of the provisions of this act 
shall be deemed guilty of a misdemeanor and on conviction 
thereof, shall be punished by a fine of not less than ten dollars 
nor more than five hundred dollars, or by such fine and by im¬ 
prisonment for not more than one year. If a corporation, part¬ 
nership, or other organization is guilty of a violation hereof, 
the person or persons through whom the corporation, partner¬ 
ship or other organization acts shall also be deemed guilty and 
punished as aforesaid, except that if the person who commits 
the said offense acts as agent or officer of any person, partner¬ 
ship, or corporation to employ persons as clerks, laborers, or 
otherwise, the offense shall be felony punishable by a fine of 
not less than twenty-five dollars or more than five hundred 
dollars, or by imprisonment in the state prison for not more than 
three years. The district attorneys in their respective districts 
shall prosecute all violations of this section. 
Section 7. That if any provision of this act shall, for any 
reason be adjudged to be invalid, such judgment shall not affect, 
impair or invalidate the remainder of the act, and that this act 
shall take effect immediately. 
Nurseryineii appearing in favor of House Bill No. 129-4, 
at the hearing before the Connnittee on Legal Affairs. 
State House. Boston, Massaehusetts, Tuesday, Mareh 
11th, at 10.30 A. M.: 
Donald D. Wyman, Bay State Nurseries, North Abington, 
Massachusetts. 
Geo. C. Thurlow, Cherry Hill Nurseries, West Newbury, 
Massachusetts. 
Walter G. Wyman, Littlefield-Wyman Nurseries, North Abing¬ 
ton, Massachusetts. 
G. Howard Frost, Brae Burn Nursery, Newton, Massachusetts. 
Richard M. Wyman, Framingham Nurseries, Framingham, 
Massachusetts. 
Kelsey, Harlan P., President, American Association of Nur- 
serwmen, Salem, Massachusetts. 
Mr. Kelsey ascertained that the American industry is 
honeycoinhed with bribery and graft, which increased 
and added unfair costs to the ultimate consumer. 
The proposed bill would grant immunity to which 
every party confessed first, that is based upon a law 
no\v in successful operation in Ne\v Jersey and elsewhere. 
Mr. Kelsey charged that in his own dealings, as a nur¬ 
seryman. with park commissioners and other public olli- 
cials, that attempts had been made to extort money from 
him. 
It speaks well for the nursery industry that so many 
nurserymen, among the business men of the state of 
Massachusetts, are working for the passage of such a hill 
and whatever may have been said and charged to the 
contrary there is no trade, nor profession, more anxious 
to do clean, honest husiness, than the nurserymen. 
Hemet, Galifornia, Feh. 27, 1924. 
Dear Sir; 
Owing to a lire Sunday, the 24th inst., which destroyed 
our office, packing houses and cellars, as well as a large 
(luantity of dormant rose hushes, we are unable to till 
any additional orders this season. 
Fortunately a very large jiortion of our year’s husi¬ 
ness was complete and only a few orders were lost; also 
our otlice records are safe. 
We have much to he thankful for. 
Howard Bose Company. 
