Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-04-20
FARM AND GARDEN.
CONFESSIONAL FERTILIZERS.

mercial fertilizers that come protection is
imperatively demanded of our legislators.
We are glad to note that the Old North
State, so conservative in every thing and
so severe in the administration of Justice,
has taken the initiative both in the Legis-
lature and in the decisions of her Su-
preme Court in putting down the frauds
that have so long been practiced by ire
sponsible and dishonest dealers in fertil-
izers.
The amount of injury done to the
country by this class of persons does no
stop with the actual loss to the planters
purchasing, but it prevents the great body
of farmers from having any thing to do
with their use. Ard hence shook farm
ing' with many is synonym of large ex-
penditures and large losses.
We append the following letter from
one of the most prominent and scientific
planters in North Carolina, one who has
done as much to advance its material in
terest as any man in il, and one who is
thoroughly alive to the necessity of put
ting forth our best efforts to regain our
former prosperity and greatness, belieV-
ing that ignorance, inaction, poverty and
fraud are our worst enemies: Cd .-5--,
| To the Editors of the Union and American:
RALEIGH, N. c., April 12.-There is
nothing which, outside OF politics, has SO
troubled the minds of the people OF North
Carolina as fraud in the sale OF CONNER
cial fertilizers. 1t is estimated that at
least 81, 900, 900 are distracted from this
State every year for paying for guanos
| $50 called), bone dust, phosphates, etc.
! BY sad experience it has been proved tnat
many of these manUres are three-1ourths
or two-thirds sand. One stlH.Da
farmer refused to pay for the aticle IN
posed upon him. He proved to tne s&tls-
faction of the jury that the maI TI was
worthless. The plaintiff said, ''nHy ult,
you not return the article when you LO'noi
1t not suitable9" Our Supreme Couit
said, 'If the article were worthless, the
plaintiff could not recover; a re-delivery
of it by the defen DAMS having been rem
dered impossible, because it had been de-
stroyed by the means resorted to in order
to ascertain its value; or unnecessary,
because, being wholly without mercantile
value, il need not have been returned"
The court gives this illustration: EFor
example, if on contract to deliver so
so many barrels of whisky, water be de.
liverej, there can be no necessity for re-
turning the water" Smith vs.. Love; 81
N. C. Reports, 43a In this case the
plaintiff got nothing.
The Executive Committee of the North
Carolina Agricultural Society were fire.
QuentIy importuned to endeavor to pro-
cure the passage of q law to protect
farmers. They accordingly appointed a
subcommittee, of which our State Geol-
Ogist, Prof. W. G. Kerr, was Chairman.
This committee consulted with others,
friends of the movement, and on Satur-
day last, Hon. Kemp P. Battle, President
of the Society, in their behalf requested
the acting Governor, Caldwell, to trans
NIT bill for preventing fraud in the sale
of fertilizers, copy of which is en-
closed. 1t was carefully drawn, and its
provisions may be interesting to your
readers. The requisition that the certifi-
cate of the State Geologist shall be pre-
sumptive evidence is not unusual, "a he
is sworn officer and is in charge of the
Stste L2bratory at Raleigh.
Our planters say they intend 10 plant
less cotton than in 1870. Some will be
compelled to do so as their operations
were based on twenty cents per pound,
which seems to be an impossible figure at
this time. 1t is 20 be hoped more caution
bo in, futrTra No Yo1optnr |
can borrow money at twenty to thirty
per cent interest and save himself.
The old friends of your agricultural
editor in North Carolina are much pleased
at his assuming the duties of the editorial
chair. There are so many wild and igno-
rant editors nowadays that a cultivated
and honest accession to the ranks is q
public blessing.
A NORTH CAROLINA PLANTER.
The following is a copy of the North
Carolina law to prevent fraud in the sale
of commercial fertilizers:
The General Assembly of North Caro-
| lima do enact as follows:
Section l. Commercial manures sold,
or kept for sale in this State, shall have
affixed to every bag, barrel or parcel there
| of, which may contain fifty pounds or
upward, an especial name or trade mark
| by which the same may be known, or de-
signated, with the name and place of bu-
siness of the manufacturers or seller, to-
| gether with true analysis, or specifica-
ton of the chemical elements and their
several amounts contained therein, and
also the quantity contained in each pack
age.
Sec. 2. Any manufacturer or trader who
shall sell or offer for sale any such pack
| age without affixing such stamp, impress
or card as is provided in section of this
act, or who shall sffix stamp, impress
or card showing one per cent. more of
ammonia, soluble phosphate or potassa,
| or five per cent. more of any fertilizing
| ingredient than is contained in the pack
! age, shall forfeit the entire lot or cargo,
| and every part and package, or the value
| of the same, if the material 50 sold, or
| offered for sale without the proper marks
as directed in section l, to be recovered
before any tribunal of competent juris-
| dictinD, one half to the State Agricultural
! Sociey, the other half to the use of the
| infOrmer. And the deficiency above men
| toned in the ingredients of any CONNER
| cial manures, may be pleaded in bar of
the recovery of the price of any such
manure, agreed to be paid or any part
| thereof.
Sec. 3. 1t shall be the duty of the State
Geologist on the application of any per-
son, and payment of fifteen dollars, to
cause sample of any commercial
manure sold or kept for sale to be prop
erIy analysed. And such analysis shall
be made on the order Of any court before
which any trial shall be pending, which
order shall be granted on application Of
either psrty.
Any analysis made under the provisions
of this section, with the certificate of the (
State GeolOgist that is accurate, shall be
presumptivee evidence of the true chemical i
elements and their amounts of the sample
analysed, and also of the package from !
which such sample was taken, and when {
| it shall be proved that the package, from
which the sample Analysed was selected,
was taken at random from q lot or cargo
|