FOREST commissioners' REPORT. 3I 



erosion of the land and the filHng up of the rivers, ponds, and 

 lakes, and as an efficient means necessary to this end, has the 

 legislature power under the constitution — 



1. By public general law to regulate or restrict the cutting 

 or destruction of small trees growing on wild or uncultivated 

 land by the owner thereof without compensation therefor to 

 such owner ; 



2. To prohibit, restrict or regulate the wanton, wasteful or 

 unnecessary cutting or destruction of small trees growing on 

 any wild or uncultivated land by the owner thereof, without 

 compensation therefor to such owner, in case such small trees 

 are of equal or greater actual value standing and remaining for 

 their future growth than for immediate cutting, and such trees 

 are not intended or sought to be cut for the purpose of clearing 

 and improving such land for use or occupation in agriculture, 

 mining, quarrying, manufacturing or business or for pleasure 

 purposes or for a building site ; or 



3. In such manner to regulate or restrict the cutting or 

 destruction of trees growing on wild or uncultivated lands by 

 the owners thereof as to preserve or enhance the value of such 

 lands and trees thereon and protect and promote the interests 

 of such owners and the common welfare of the people? 



4. In such regulation of the control, management or use of 

 private property a taking thereof for public uses for which com- 

 pensation must be made? 



The opinion of the court is as follows: 

 To the President of the Senate: 



The undersigned justices, in obedience to the requirement of 

 the constitution, severally give the following as their advisory 

 opinion upon the questions of law submitted to the justices of 

 the supreme judicial court by the senate order of March 2y, 

 1907: 



We find that the legislature has by the constitution "full 

 power to make and establish all reasonable laws and regulations 

 for the defense and benefit of the people of this state, not repug- 

 nant to this constitution nor that of the United States." Consti- 

 tution of Maine, Article IV, Part III, Section i. It is for the 

 legislature to determine from time to time the occasion and 

 what laws and regulations are necessary or expedient for the 

 defense and benefit of the people; and however inconvenienced, 



