FOREST commissioner's REPORT. 35 



The same doctrine was recognized in Preston versus Drew t,^ 

 Maine 558; State versus Gurney, 37 Maine 156; Boston & 

 Maine Railroad Company versus County Commissioners, 79 

 Maine 386; and as late as 1905, in state versus Robb, 100 

 ]\Iaine 180. 



There are two reasons of great weight for applying this strict 

 construction of the constitutional provision to property in land : 

 First, such property is not the result of productive labor, but is 

 derived solely from the state itself, the original owner; second, 

 the amount of land being incapable of increase, if the owners 

 of large tracts can waste them at will without state restriction, 

 the state and its people may be helplessly impoverished and one 

 great purpose of government defeated. 



Regarding the question submitted, in the light of the doctrine 

 above stated (being that of Maine and Massachusetts at least) 

 we do not think the proposed legislation would operate to "take" 

 private property within the inhibition of the constitution. 

 While it might restrict the owner of wild and uncultivated lands 

 in liis use of them, might delay his taking some of the product, 

 might delay his anticipated profits, and even thereby might cause 

 him some loss of profit, it would nevertheless leave him his 

 lands, their product and increase, untouched, and without 

 diminution of title, estate or quantity. He would still have 

 large measure of control and large opportunity to realize values. 

 He might suffer delay but not deprivation. While the use might 

 be restricted it would not be appropriated or "taken." 



The foregoing considerations lead us to the opinion at present 

 that the proposed legislation for the purposes and with the limi- 

 tations named in the senate order, would be within the legisla- 

 tive power and would not operate as a taking of private prop- 

 erty for which compensation must be made. 



Respectfully submitted, 



Luciuus A. Emery, 

 Wm. p. W^iiTTKiiorsE. 

 S. C. Strout, 

 Henry C. Pea body, 

 Albert M. Spear, 

 Leslie C. Cornish. 



Alarch 10, 1908. 



