30 FOREST commissioners' REPORT. 



DECISION OF SUPREME COURT TO REGULATE 

 CUTTING OF TREES. 



While careful and economical cutting is being oberved by the 

 larger land owners, there has been a tendency in recent years in 

 some of the southern counties to strip the lands, in the desire 

 for immediate returns, and to the great injury of the owners, 

 and the water powers upon which the forests largely depend. 

 As a result, some of the people of that section realizing the 

 great value of their forests to the State from a commercial 

 standpoint, the preservation of its valuable water powers, and 

 the general utilities of public interest, asked for a law at the 

 last session of the legislature to prohibit the cutting of spruce 

 and pine of a size below 12 inches on the stump. 



There was considerable opposition to this measure, many of 

 the members believing that such an act would be unconstitu- 

 tional. As a result, an order was passed by the legislature ask- 

 ing for an opinion from the supreme court of Maine as to the 

 constitutionality of a law to restrict the cutting of trees on the 

 wild lands of the private holders, in the interests of forestry, 

 the preservation of water powers and rainfall and the general 

 utilities of public interest in these domains. 



The order as it was submitted to the supreme court is as 

 follows : 



Ordered, the justices of the supreme judicial court are hereby 

 requested to give to the senate, according to the provisions of 

 the constitution in this behalf, their opinion on the following 

 questions, to wit : 



In order to promote the common welfare of the people of 

 Maine by preventing or diminishing injurious droughts and 

 freshets, and by protecting, preserving and maintaining the 

 natural water supply of the springs, streams, ponds and lakes 

 and of the lands, and by preventing or diminishing injurious 



