The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-09-23
c. L. whitney WRITES REGARD.
ING THE SUIT BROUGHT BY
THE kELLYS.
Had a Written Certificate That Ship
ment was Free From All Disease
and in Good Condition.

G. L. Whitney, who was made a
party defendant in a suit for damages
brought by j. A. Kelly & Sons com.
pany of Nelson, B. c., in which it is
alleged that the Northwestern MUIR
sery, of which Mr.. Whitney is man
ager, mad sold the Kelly & Sons COM
pany a lot of infected fruit trees,
writes the Statesman from Portland
denying the allegations brought up
and declaring that he can prove be-
yond a doubt that the trees shipped
to the British Columbia firm were alb
solutely healthy and clean. Mr.. Whit
ney sets forth his position in the mat
ter in the following letter:
PORTLAND, Ore, Sept. %, 1906
Editor Statesman:-I notice in your
issue of Sept. 10 an article entitled
Trees Affected with Pest" and that
J. A. Kelly & Sons, B. c., have COM
menced an action against me for DAM
ages.
Il would beg to state, through the
columns of your paper, that the state
ment that I delivered diseased trees is
absolutely false and that 1 can prove
beyond a question of doubt that the
trees I sold to Mr.. Kelly were clean,
healthy and as fine a lot of trees as
ever was shipped from Walla Walla.
Mr. Kelly wrote for trees, and I sent
MIN sample lot taken from my nur-
sery and the trees 1 shipped him were
from the same field. They were care
fully examined by a horticultural in
spector and l had written certificate
stating that they were free from all
disease and in good condition. And to
be more sure I dipped every tree in a
vat of sulphur and lime which was a
further guarantee that there was no
living insect on the trees.
the inspector at Vancouver, who,
by the way, is a very stubborn Eng
lishman, was very prejudiced against
Walla Walla trees, and favors Can
adam grown trees. He told me that
he had opened all the trees and ex-
amined them, when in fact the boxes
of trees had never been opened since
they left my nursery. Mr.. Kelly
himself said the boxes had never been
opened. I asked the Canadian in
spector repeatedly to open any or all
the boxes and show me one tree that
was diseased and ne refused to do it.
then demanded before a witness that
he open them and he still refused,
and I could do no more. The trees
were sold to Mr.. Kelly on board the
cars lat Walla Walla the same as any
one else. 1 fulfilled my contract to
the letter. They were Mr.. Kelly's
trees when they were put On board at
Walla Walla. They were from the
same lot of trees that 1 shipped to
China and Manchuria, and reports
from there are that all the trees are
growing and in a healthful and vigor-
Gus condition. When I arrived at
Vancouver the box of Walla Wal1a
trees were lying out On the platform
in the hot sun, while trees from Tor
onto were in the funigating station,
and they were sorting them over. al
though my trees mad been there ahead
of the Canadian trees.
Mr.. Kelly himself said in my pres
ence and before witnesses that ne
thought the Canadian government
could be held responsible if through
their negligence the trees were de-
stroyed, when 1 had demanded them
to open them and show me any in
fected trees.
1 am ready to defend myself through
the courts if necessary.
Hoping you will publish this, there
by giving both sides of the question, I
remain,
Very truly yours,
G. L. WHITNEY.