Arizona republican., 1910-05-06

to the Lightning Delivery company
 went to his ranch four miles north an
 TWO miles east of Phoenix and withou
 legal authority entered upon it am
 began pulling up and destroying trees
 The trees. he says. were not a par
 of the shipment of infested trees il
 controversy, but were part of a ship
 ment of trees previously planted tha
 were brought to this valley in a ca
 for which Mir. Fleming holds Dr. Nor
 rils release Mir. Fleming says tha
 as soon as his foreman, d man name,
 Stewart, was informed of the presence
 of the entomologist and his party or
 the premises. he ordered them off tn,
 place, and they left. threatening stew i arts arrest.
 MT. Fleming says that on previous
 occasion. when he was not at home ; Dr. Morrill, visited and inspected his
 grove and on April 25 he received a letter from pr Morrill, stating that cer- | tain trees he had taken from car was infested and ordering their destruction He says he wrote letter ! to Dr. Morrill, in reply saying that he had destroyed all implanted trees, tops, and boxes and materials in which they were packed. as had been suggested, and added that he was sorry he was away on the occasion of the visit of inspection. asking the entomolOgist to notify him of any subsequent visits
 that he might meet him there.
 To this, MT. Fleming says, Dr. Nor Till replied saying he would do so, but instead ha and gan uprootins trees without inquiry. trees that were not a part of the con demned shipment in controversy. After he had pulled up the trees in question. stewart and four other employees of Fleming, carrying out the latter's in structions. so he ayers, drove the Nor Till party off the premises.
 Concerning the carload of con- Gemned trees, Mir. Fleming Gisagrees with the entomologist as to the degree of infestation. though he admits few mealy bugs were found However. he says that after the matter had been threshed out he was given the consent of the commission to take the trees, cut them off six inches above the bud and plant them in nursery rows in his
 
 in the preparation of the trees and an installment of them had been sent to the grove and planted. after each stub had been treated to rubbing with rag saturated in kerosene.
 The next day. he says. Dr. Morrill, sent word to him that permission to plant the trees had been revoked by the commission and ordered him to re- turn the trees. To this he replied that it was too late as the agreement had been entered into in good faith. and ! was already partly carried out.
 After the condemnation of this car |, Oad. according to MT. Fleming. anoth- I sr carload arrived and pr. Morrill, be- | gan inspection of it. On the refusal ! ,f Mr Fleming to return the trees i planted from the preceding car. he | 'ays pr Morrill, having spent one day the latter car and looking ,ver perhaps 1000 trees. refused to proceed further with the work of in- pection MT. Fleming said that he rgued that what had gone before had Iothing to do with the carload then nder consideration and he demanded he continuation of inspection. as oth- rWise he would suffer d heavy loss. he demand was refused after which lr Fleming says he undertook the de- very of the trees to those who had ought them of him, explaining the acts to the purchasers. and that Dr. lOrrill finding that delivery was pro- eeding anyhow. notified one purchaser [ 2.000 trees that they had not been and that the delivery was legal. Later in the same cay. says Ir. Fleming. pr. Morrill, sent one pur- haser of 1000 trees who had been to ecure his advice, to the packing house ith authority to deliver his trees to . i'm
 MT. Fleming says he courts full lvestigdtion of the facts. and full nhlicity in the matter. stating that le entomologist and his assistants wis ed his groves and inspected trees 9 had planted there from the con emned car finding no infestation. He -ges that the raid on his trees was ltirely on his own responsibility and ,t an act of the horticultural com