184 
THE NATIONAL NURSERYMAN 
68TH CONGRESS—1ST SESSION 
Congress kept your committee anxious during the session that 
concluded June 7th. It was not until after adjournment that the 
chairman of the Legislative Committee could find relaxation 
from the vigil it had been necessary to keep over Washington 
for months past. 
There were about 20,000 bills introduced into Congi-ess at the 
past session. A number of these concerned our interests. They 
would appear most unexpectedly and under titles that gave no 
intimation that the subject matter might concern our trade. 
THE CRAMPTON BILL 
A bill familiar to the Legislative Committee for years past. 
It is doubtless a well intentioned effort on the part of Congress¬ 
man Louis C. Crampton, of the Seventh District of the State of 
Michigan, to protect the planter from trees and shrubs untrue 
to name. If passed, this bill would not accomplish Mr Cramp- 
ton’s purpose, with which we cannot take exception, and it 
would have greatly interfered with the ligitimate wholesale ex¬ 
change of nursery stock. Our objections were registered with 
the Interstate and Foreign Commerce Committee that considered 
the bill. The Department of Agi’iculture also objected to some 
phases of it. The Crampton bill or some other attempt to com¬ 
pel honest labeling of our products by process of law is sure 
to come up at another session of Congress. Nurserymen do not 
object to honest dealing; we seek to compel it in our associa¬ 
tion. There is an unusual degi-ee of “honesty in dealing” prac¬ 
ticed among nurserymen. Common Law a plenty exists to pun¬ 
ish the occasional offender. 
Nurserymen can do much, however, to dispel the fears of men 
like Mr. Crampton, if we make and keep reputation for "'Trust- 
worthy Trees and Shrubs" that can stand out clear and untarn¬ 
ished in the search-light of public opinion. 
FEDERAL HORTICULTURAL BOARD 
The Federal Horticultural Board again sought at the hands 
of Congress increased powers that would give it the right of 
search without Warrant, and some other provisions that made 
their power greater. Even though these provisions did not seem 
to directly affect the Nursery trade, we can but look upon them 
with some degree of apprehension, for by many of us it is felt 
that our Federal Bureaus already have enough power. The bill 
did not pass. 
PLANT PATENTS 
During the winter there was held in the office of Dr. Taylor, 
Chief of the Bureau of Plant Industry, a Conference over the 
subject of Plant Patents. A special Committee of Nurserymen 
were called to this Conference that in addition to the writer, 
consisted of President Kelsey, Mr. Koster and Mr. Paul Stark. 
It seems that plants are not barred from the Patent Act or 
Laws excepting by the impossibility of filing blue-print and 
specifications of the new plant. This filing is fundamental to 
the Patent law. That such protection of a patent or copyright 
would be a stimulus to our Industry and result in increased dis¬ 
semination of many articles, seems to be without doubt. To 
this end the general public would be the gainer, and protection 
in dissemination ought to be accorded the originator of a new 
plant. To the Conference it seemed necessary in view of the 
fact that a blue-print and specifications could not be filed that 
there should be some Agency under Federal authority for the 
registration and testing of new plants as a requisite to protec-< 
tion under a Patent right. This Agency does not now exist, and 
it is just possible that one of the things that this Association of 
Nurserymen may wish to do is to take steps to see that such a 
place of registration is established under a proper enabling act 
of Congress, that ultimately the Originator of a new plant 
would have the protection and financial benefit that accrue from 
his patient diligence, intelligence and labor just as does the 
owner of a Patent right now have advantages in the fields of 
Mechanical and Engineering Science. 
FRUIT STOCKS 
Soon after New Year’s, Nurserymen everywhere grew alarmed 
over the fact that their fruit stocks were being detained at ports 
of entry, because they were coming in with soil about the roots, ' 
and could not enter under the ruling of the Federal Horticul- \ 
tural Board, unless they had been “freed of soil”. For severaLi 
days it looked as if thousands of cases would either have to be \ 
condemned or deported. The Chairman of your Committee 
quickly secured a Conference with the Federal Horticultural 
Board, and sent an S. O. S. call to Charles Perkins, Louis Bob- 
bink and Paul Stark and James Clark to assist him at the Hear¬ 
ing. The result of our Conference is knowm to those who im¬ 
ported stocks. It was contained in a bulletin that this Commit¬ 
tee sent out under date of February 2nd. A copy of this 
follows: 
Feb. 2, 1924. 
Members of the American Association of Nurserymen. 
Gentlemen: 
This will be of interest to those of you that are'^expecting 
shipments of root stocks, or plants this Spring. The require¬ 
ment that the roots of such plants shall be washed, or cleaned 
free from dirt is very clearly set forth in the regulation of the 
Federal Horticultural Board. European shippers, especially 
French shippers have been careless this Spring, and many cases 
of plants have come into New York bearing a considerable 
quantity of soil about the roots. 
Government Inspectors delayed these shipments at the Port of 
Entry, while F. H. B. was consulting with your Legislative Com¬ 
mittee. From samples of plants submitted to your Committee, 
it would appear as if the Government regulations had not been 
complied with, because there was a good deal of dirt remaining 
on the roots. 
The Government could reject these shipments, and send them 
back to France. The alternative was to clean the shipments at 
the Importer’s expense. The Chairman of your Legislative Com¬ 
mittee sought a hearing with the F. H. B., and had present with 
him, Mr. Charles Perkins, Mr. Louis Bobbink and Mr. James 
Clark of Dreer’s; also Paul Stark. The situation was discussed, 
and for a time it looked as if the F. H. B. would require that all 
the roots be washed. We were, however, able to dissuade them 
from this, and agreed to the fumigation of the cases in such a 
way that they would not even have to be completely unpacked. 
This fumigatioin will be done at the Importer’s expense. It is 
the only way that the stock can be gotten in at this time. 
I know that there are members of our association who will 
say that your committee should not have consented even to fumi¬ 
gation, that the whole situation is one in which the F. H. B. 
was seeking to restrain importations, and in other ways we will 
be subject to criticism. Under all the circumstances, the ar¬ 
rangement made seemed to us,'at least, to be the best possible to 
get shipments now on the docks of New York quickly through to 
destination. 
There appears to be no reason why shippers should not clean 
their plants better before packing them. Also there is no reason 
why they should use packing material that is liable to carry in¬ 
festations to the U. S. It is suggested, therefore, that the cost 
of this fumigation be deducted from the price of the stocks, or 
plants imported, and in this way it is felt that the necessity of 
offering plants free from soil about their roots will very soon be 
impressed upon the shipper in Europe. 
This year we were able to save the situation, but if each nur¬ 
seryman importing stock does not impress upon his shipper 
that the plants must be freed from soil about their roots, then 
the F. H. B. will issue an order that requires the washing of 
the roots, and this is something that nurserymen very generally 
have objected to. 
In conclusion, I hope that you will be satisfied with the work 
of the committee in the emergency that existed, and that you will 
impress upon anyone from whom you import plants the necessity 
that they free them absolutely from soil before packing, and also 
that they use packing material that is not capable of carrying 
in pests. 
Very respectfully 
J. Edward Moon, Chairman Legislative Com. 
JEM:EEB 
The securement of admission of these stocks when they had 
been condemned is one of the most tangible and immediately 
valuable pieces of work that your committee did. Not only did 
it confer with the F. H. B., but it invited into conference in 
Washington, representatives from the embassies of France, Bel¬ 
gium and Holland, before whom the situation was laid. The re¬ 
sult has been that word was sent to Europe that hereafter ship¬ 
ments of fruit stocks must be freed of soil or they are not likely 
to gain admission like those that were sent last winter. Nursery¬ 
men buying for 1925 supplies will do well to impress upon the 
nurserymen in Europe from whom they purchase, that to gain 
entry he must fully comply with the requirements of our Govern¬ 
ment. 
PINE LEAF BLISTER RUST 
Pme Leaf Blister Rust Quarantines continue to restrict the 
movement of Five-needle Pines, Currants and Gooseberries to the 
extent that financial loss is suffered by many nurserymen, in 
the loss of trade formerly enjoyed on these articles. 
The circumstances that prompted the original regulations con¬ 
trolling this pest have changed. There is now a greater knowl¬ 
edge of the pest. It is definitely known that if currants and 
