THE NATIONAL NURSERYMAN 
127 
legislation. 
PARCEL POST CONSIDERATIONS—SUGGESTED BY LEGISLATIVE- 
/ 
COMMITTEES OF NURSERYMEN, FLORISTS AND SEEDSMEN. 
The following suggestions were offered to the legislative 
committee of the American Association of Nurserymen by 
interested nurserymen and include some of the points to be 
considered by the joint comittees of the American Association 
of Nurserymen; the Seed Trade Association and the 
American Association of Florists. . 
Amendments proposed to postal laws to provide for: 
One cent letter postage. A parcel post system equal to 
that of England, Germany and other foreign countries, thus 
permitting us to send by mail a package weighing eleven 
pounds or less at a reasonable rate. A foreign parcel post 
enabling us to make shipments of small parcels of merchan¬ 
dise to and from foreign countries, subject of course to usual 
custom house duties. The privilege of mailing catalogues 
and other printed matter and samples of merchandize at a 
bulk postage rates not exceeding eight cents per pound 
without the trouble of affixing postage stamps. Some better 
method of postal remittances which will do away with the 
“2 stick} 7 stamp” nuisance. 
The committee has had no time to-consider these propo¬ 
sitions and reports them for information only and without 
recommendation. C. L. Watrous, 
Chairman. 
ACTION OF PRESIDENT GRENELL OF AMERICAN SEED TRADE 
ASSOCIATION. „ 
At the late meeting of the American Seed Trade Association 
the matter of co-operating with the Nurserymen was referred 
to the incoming Committees but no Committee from the 
Nurserymen met with us. I have requested the Chairmen of 
Committees of Postal Laws and Regulations, Customs and 
Tariff and Transportation to either personally or through 
their Committees be represented at the meeting of the Flor¬ 
ist’s Society and there to join with a Committee of the Nursery¬ 
men and a Committee of the Florists in discussing and formu¬ 
lating any plan that will be of benefit to the three National 
Agricultural Societies. 
The Chairman of our Transportation Committee is George 
S. Green, Chicago, chairman of Postal Laws is Charles N. 
Page, Des Moines, Iowa, and chairman of Customs and Tariff 
is Winfried Roelker, New York. W. H. Grenell. 
Note —We presume that the committee of American 
Association of Nurserymen will meet with the above com¬ 
mittees and push matters as strongly as possible. President 
Albertson has prudently taken ample time to consider the 
personnel of committees with a view of securing the greatest 
possible efficiency.— Ed. 
FEDERAL INSPECTION LAWS IMPOSSIBLE. 
Chairman Watrous of the legislative committee has investigated the 
feasibility of a law providing for federal inspection of nursery stock, 
which, when so inspected might becomes subject to interstate com¬ 
merce and not subject to further quarantine and inspection in transit 
from the owner in one state to the possession of the purchaser in 
another state. Captain Watrous has investigated the whole subject 
very carefully and the gist of his investigation is that all powers not 
expressly granted to congress are reserved to the several states and 
to the people. The police power has always been held to be one 
of the powers so reserved. Under this power the several states 
pass laws protecting health, comfort, safety, and property of the 
citizens and included in these are the quarantine and inspection laws 
therefore a federal inspection and quarantine law would seem to 
be impracticable. The full text of the Captain’s investigation will be 
given in the next issue of the Nurseryman. 
INDIANA LEGISLATION. 
To Brother Nurserymen—How do you like the Indiana 
law regulating the sale of nursery stock, that is, that it shall 
be unlawful to sell fruit trees representing them to be a cer¬ 
tain kind, variety or description and thereafter deliver to 
purchaser fruit trees of a different kind, variety or descrip¬ 
tion. The penalty or fine is from $50.00 to $500.00 and 
prosecution can be begun any time within five years. 
Personally we are going to still further perfect our packing 
this fall so that we will pack as near true to name as possible, 
but with a great many recruits, or new hands in our packing, 
some mistakes will occur and we will certainly be up against 
it in that event, for our blanks, like the Rochester concerns, 
do not contain a substitution clause. As it is a customer can 
make a claim regarding a variety not being true and it will 
be rather expensive for us to investigate and find the true 
state of affairs. Also it will make difficulty in collecting as 
many customers will simply say they will wait to see if variety 
is true, etc. What say you ? 
Spaulding Nursery & Orchard Co. 
Note —We have nothing to say. It is up to the nursery¬ 
men. The following from the Secretary of State for Indiana 
is confirmatory.- —Ed. 
The nurseries law passed by the 1905 session of the general 
assembly provides that it shall be unlawful for any person, 
firm or corporation, acting either as principal or agent, to 
sell any fruit free or fruit trees, representing same to be of 
certain kind, variety or description, and thereafter to deliver 
to purchaser in filling such order a fruit tree or fruit trees of a 
different kind, variety or description. The penalty is a fine 
of not less than $50.00 nor more than $500.00. Prosecutions 
may be commenced at any time within five years of the de¬ 
livery of such trees. Daniel E. Storms, 
Indianapolis, Ind. Secretary of State. 
COMMENT BY ALBERTSON & HOBBS. 
Our last legislature did pass a law in regard to sale and 
delivery of .nursery stock. Literally it would seem to read 
that goods that might prove untrue to label from accident 
or any other cause would lay the nurseryman and agent both 
liable to very heavy penalties, but I do not think this con¬ 
struction was intended, or could be constitutionally made, 
as they cannot hold a man responsible for accident entirely 
beyond his control. 
The law was passed to overcome the work in this state of 
the irresponsible dealers who have had a golden harvest selling 
anything that was wanted, and inducing the planters to be¬ 
lieve they wanted many things beyond the powers of nature 
to produce; and filling their orders with any kind of stock they 
could buy the cheapest regardless of varieties, etc. 
We have no fears, and as I have reported to Mr. Pitkin, 
and others. I do not believe the honest nurserymen doing 
an honorable business could be held by the law in a way that 
would give him any trouble. 
We should have some legislation against the work of 
irresponsible dealers, which has brought the nursery business 
in such bad repute, and I do not know but that this is a subject 
that should be taken up by our Association, and a good strong 
law drafted and suggested to tl*e different state legislators 
such as would compel nurserymen to use every effort possible 
to deliver stock true to name. 
