NOT GUILTY

New Zealand Journal of Agriculture, Volume 60, Issue 1, 15 January 1940, Page 13

NOT GUILTY

CERTIFIED RYEGRASS BEFORE COURT HELD TO BE SUPERIOR UNCERTIFIED STRAINS CRITICISED

(From our Special Correspondent,

D. R. Wilkie.

BLENHEIM, January 13. After a trial lasting more than three, years, Certified Ryegrass was acquitted by His Honour Mr. Justice Topdress in the Court of Agriculture at Blenheim recently on a charge of fraud. Certified Ryegrass pleaded not guilty. - It was alleged that Certified Ryegrass had falsely claimed that it was superior to Uncertified Ryegrass, but in his judgment his Honour said that on the facts laid before the Court it was definitely established that the charge was false, and that Certified Ryegrass had been completely vindicated. His Honour levelled severe criticism at the claims advanced by Uncertified Ryegrass, and stated that he had no hesitation in pronouncing the sentence that, contrary to the charge laid, Certified Ryegrass was definitely superior to Uncertified Ryegrass. “Once again Certified Ryegrass has shown itself to be well worthy of the many favourable comments bestowed upon it,” said his Honour, in giving his judgment. “On the facts before the Court the obvious conclusion to be drawn is that, where permanent, highproducing pastures are required, Certified Strains of ryegrass and clover should be used exclusively.” ALLEGED FAULTS. Opening the case, Counsel for Uncertified Ryegrass said it was claimed that Certified Ryegrass was unjustified because (1) it cost more to establish in view of the higher price of the seed, and (2) it had a poorer production value because of its lower palatability in comparison with the cheaper established and more rapidly grown line.

Counsel for Certified Ryegrass: Can you prove those points? Counsel for Uncertified Ryegrass: It is the general opinion. Counsel for Certified Ryegrass: Opinions are not proof. Continuing, Counsel for Uncertified Ryegrass said that his claim for cheaper cost of establishment must be generally admitted after a study of relative prices of seed, while under local conditions of relatively low rainfall the improvement in palatability through the use of fertilisers followed by good grazing management could not be obtained. Counsel for Certified Ryegrass: May I ask my learned friend whether these swards can be economically maintained? Counsel for Uncertified Ryegrass: Admittedly, these swards cannot be economically maintained even if desired. Counsel for Certified Ryegrass: A point in favour of Certified Ryegrass, which has proved itself to be truly permanent. RESULT OF EXPERIMENT. Opening his case Counsel for Certified Ryegrass said an experiment just completed in Marlborough had demonstrated effectively the superiority of Certified Ryegrass over Uncertified Ryegrass. Its greater carrying capacity, excellent recovery after grazing, and its superior persistence were all clearly shown, while further light was shed on the much-debated question of its palatability. Counsel for Uncertified Ryegrass: Your Honour, I submit that that is a question for the Court, and is not for my learned friend to say. Counsel for Certified Ryegrass: I have evidence which I will place before the Court at a later stage.

His Honour: I think it would be as well if Counsel confined himself to facts at this stage. Counsel for Certified Ryegrass: I bow to your Honour’s ruling. Continuing, Counsel for Certified Ryegrass said an experiment was carried out on the farm of Mr. E. Smith, Tuamarina, and took the form of a grazing trial on two similar paddocks with identical treatment except that one paddock was sown with Certified Ryegrass while the other was sown with ordinary ryegrass below certification standard. . A nine-acre .paddock was selected and prepared for sowing down to grass, all parts of the paddock having the same preliminary cultivation. . A dividing fence was then erected, and in April, 1936, the paddocks were sown. A bushel and a half of ryegrass with 3' lb. of Certified White Clover was used in each case, and one bag of superphosphate per acre went on with the seed. Paddock “A” had, as mentioned earlier, Certified Ryegrass, while in Paddock “B” Uncertified Ryegrass was used. In all other respects the sowing down and manuring of the paddocks were identical. Counsel went on to say that both paddocks struck well and made good growth in the spring, at which time half a ton of lime was applied to the whole experiment. Because of adverse weather experienced in the first few months, establishment was rather slow, but by October a fair sward was evident. FIRST WITNESS. Counsel for Certified Ryegrass then said he proposed to call evidence on the superior recovery after grazing of the certified strains.

In the witness box, Mrs. Ewe Hogget said that even by October the superior recovery after grazing of the certified strains was most noticeable. “The flock, of which I was a member, kept the paddocks well grazed,” she said. “Our employer kept monthly records of the stock carried on both sections.” Counsel for Certified Ryegrass: Did Uncertified Ryegrass attempt to run to seed about November? Mrs. Ewe Hogget: Yes. We simply could not stop it. Counsel for Certified Ryegrass: Did Certified Ryegrass also attempt to run to seed at that time? Mrs. Ewe Hogget: Yes. But not nearly to the same extent. DIFFERENCES APPARENT. Continuing, witness said that in December both paddocks were topped by mowing. The differences in ryegrass were now becoming very apparent. The Uncertified Ryegrass showed a stemmy, open character, while Certified Ryegrass was more “bushy” and filled out the sward more satisfactorily. Counsel for Certified Ryegrass: When did Field “B” begin to show the first definite signs of deterioration? Mrs. Ewe Hogget: In February, 1937 —almost a year after sowing. Counsel for Certified Ryegrass: Will you kindly describe these signs to the Court? Mrs. Ewe Hogget: Spaces became apparent in the sward, and they were soon filled either by clover or weeds. Counsel for Certified Ryegrass: Did the weed invasion continue? Mrs. Ewe Hogget: Yes, definitely. We all noticed that from this time onward the Certified Ryegrass paddock asserted its superiority both in its appearance and in the number of my friends it was able to carry. Counsel for Certified Ryegrass: How did the two paddocks compare during the next year? Mrs. Ewe Hogget: Paddock “A” became better just as quickly as Paddock “B”the Uncertified Ryegrassdeteriorated. His Honour, Mr. Justice Topdress: Was any analysis made of these two paddocks? Mrs. Ewe Hogget: Yes. Towards the end of 1937 a representative analysis of Paddock “B” showed that it contained white clover, hairgrass, mouseeared chickweed, sorrel, Scotch thistle,

and odd tufts of ryegrass— a very palatable meal, I can assure your Honour. BETTER RESISTANCE. “We also noticed the better resistance shown by the Certified Ryegrass to the dry spells,” said Mrs. Ewe Hogget. “At the peak of one of these spells Certified Ryegrass was still green and thriving, while Uncertified Ryegrass presented a uniformly ‘burntoff’ appearance. You can imagine which paddock we patronised.” Counsel for Certified Ryegrass submitted that the evidence before the Court pointed to the superiority of Certified Ryegrass on the counts of persistency, recovery after grazing, and robustness, and also showed the futility of manuring poor strains with a view to obtaining permanence. Further, facts collected through the grazing records showed excellence in other directions. Counsel for Certified Ryegrass then produced grazing records of the stock carired from October, 1937, until the conclusion of the experiment in November, 1938. GRAZING RECORDS. Counsel said the records showed that at the start both paddocks carried a similar number of stock, but that after a year or so the Uncertified Ryegrass block began to fall behind. In the last few months of the experiment Certified Ryegrass was carrying 100 per cent, more than Uncertified Rye-

grass. The total figures for the two sections revealed that Certified Ryegrass and Certified Clover , recorded 4300.3 sheep days per acre, while Uncertified Ryegrass and Certified Clover recorded 3040.0 sheep days per acre. Recalled by Counsel for Certified Ryegrass, Mrs. Ewe Hogget said that this represented 41.1 per cent, more stock carried over a period of three years. “We sheep thrived equally as well on Certified Ryegrass as on Uncertified „ Ryegrass,” said Mrs. Ewe Hogget. “When the fence dividing the paddocks was taken down at the conclusion of the experiment we certainly did not prefer the poorer type. If anything, I think we concentrated more on the Certified Ryegrass block.” Counsel for Certified Ryegrass: Why was that? Mrs. Ewe Hogget: Possibly because there was ample feed there, while the Uncertified Ryegrass had practically nothing to offer. Counsel for Uncertified Ryegrass said he did not wish to cross-examine, and did not propose to call evidence on his client’s behalf. JUDGE’S COMMENT. “The obvious conclusion to be drawn,” said his Honour, in giving his judgment, “is that where permanent high-producing pastures are required Certified Strains of Ryegrass and Clover should be used exclusively.”