Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-02-14
Mr.. WILLREPLlES..
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I0P | R i F..B| B

1O AU10OUAAL i
AS to the seed disclaimer, which
the seed trade uses as protection,
Prof. Bolley says there are many pc
culiarities. We give below the dis
claimer which Is printed and posted
by the seedsmen, printed in black
faced type on white cards, 11x14 inch
es, and on bags, labels, bills and in
catalogues in plain type in conspicu.
GUS places so that all may read:
Disclaimer.
There are contingencies continually
arising to prevent the very best seeds
from giving satisfaction, such as SOW
ing too deep, too shallow, in too wet
or'too dry soil; insects Of all descrip-
ions destroying the plants as soon as,
or before they are up; wet weather,
cold weather, frost, chemical changes
in the seeds induced by temperature,
etc. The preparation of the soil for
seed is of great Importance, If not
properly done, seed with very high
termination is bound to perish. For
all these reasons it is impossible to
guarantee seeds under all circum-
stances, and while we exercise great
care to hive all seeds pure and relia-
ble,. We give no warranty, express or
implied, as to description, quality,
productiveness Or any other matter OF
any seeds, trees, bulbs or plants we
send out, and will not be In any way
responsible for the crop. If the pur.
chaser does not accept TIT goods on
these terms, they are at once to be
returned and the money that has been
paid will be refunded. We test all
seeds before sending them out, but in
case they fail to grow when tested by
the purchaser, we will replace them
or give value in others unless the
damage was caused by the neglect Of
tht purchaser. As to trees and plants
we guarantee a safe arrival of all
such goods sold from this catlog at
prices quoted herein when shipped by
express. We do not guarantee stock
after it has been received by the
purchaser, but if any Of it dies from
causes for which we are responsible
we will replace the same.
The object of the disclaimer is to
have every one understand just what
it means, that we do not warrant the
crop and believe any person with as
much common sense as you could
pick up on the point of a very small,
sharp sewing needle would acknowl-
edge that we could not for many rea-
sons, which it is not necessary to
enumerate here, attempt to do bust
ness without it, for If one stops to
consider the matter, it is easy to see
the impossibility of guaranteeing q
crop. Prot. Bolley seems to be trying
to belittle the seedsmen by making 1t
appear that they hide away tht dis
claimer we would not print it
f we wished to hide away the dis
claimer we would not print print it
on the first page of $4,000 catalogues
where it would he read the, first thing
by the buyer. e.,
The trouble with Prot. Bolley is
that he cannot or will not look at
more than ont side OF a question.
Prof. Bolley does not even seem to
know that person or firm has a
right to contract or that the disclaim-
er is contract between the seller
and the patron who buys goods under
it. HIT says no honest man in any
other branch of trade does such a
thing. Did you ever buy a pair of tan
or patent leather shoes without the
salesman telling you that he would
not guarantee them? -
Prof. Bolley should go into the
seed business for a living a. little
while and he would be like a party
once in the government employ at
Washington who was going to pre-
vent seedsmen making any sort OF a
contract with their customers. He Is
now in the seed business for himself
and I heard some time ago that he
displayed a disclaimer three feet
square. If Prof. Bolley should ever
go into the seed business I would
look for a six feet square disclaimer.
Prof Bolley remarked before the
senate comittee on agriculture that,
viii raised "a little squaw corn and
= few cuttings" "'Will'' did raise /
squaw corn many years ago and theI
seed came direct from the Indians
who raised 1t for hundreds Of years
before: Fortunately many OF the PEG.
pie know that win did raise squaw
corn and developed it into DakoaI
White Flint long before Prof. Bolley
came to the state, and also that he
has developed MANY other sorts
u 49,