88 



THE GUIDE TO NATURE 



of Connecticut. It may be laid down 

 broadly, that the abutting proprietor, as 

 between himself and any other private 

 person, owns the trees and other growrn.'- 

 on his portion of the highway, absolutely. 

 Any other person, not clothed with public 

 authority or not in the act of removing 

 an obstacle to his proper use of the high- 

 way for travel, has no color of right to 

 injure any such growth or to take its 

 fruit. A violation of the proprietor's 

 rights as above outlined is a trespass just 

 as much as it would he to commit a simi- 

 lar depredation oai the owner's premises 

 a hundred feet back from the highway, 

 and the unauthorized taking of anv of 

 the owner's property in either case is a 

 theft. 



It does not follow, however, that the 

 proprietor of the highway land can enjov 

 the untrammelled use of these trees and 

 other growths. He is curtailed in his 

 enjoyment of them just as his control 

 over his half of the highway itself is 

 limited, by the reasonable recpiirements of 

 the public use. Thus a tree or any other 

 object which obstructs travel, may be 

 trimmed or removed, as public conven- 

 ience demands ; for the public easement, 

 within its limited scope is paramount. 



In Connecticut, by statute, the public 

 has acquired additional rights in wayside 

 growths, wholly apart from the primary 

 common law rights as to highway travel. 

 These public rights are exercised chiefly 

 bv Town Tree Wardens. Their jurisdic- 

 tion extends over all public trees within 

 their Towns. Since all the territory in 

 Connecticut is within the borders of some 

 Town, all public trees in the State fall 

 under the jurisdiction of the respective 

 Tree Wardens. Public trees are defined 

 by the statute as "all transolanted trees, 

 and all other trees not less than six inches 

 in circumference measured two feet from 

 the ground, within the limits of any public 

 way." Tree Wardens may. with the con- 

 sent of the Selectmen of the Town, trim 

 or remove any such tree when they deem 

 public welfare or safety demand if, and 

 any person may make application, as rep- 

 resenting the public, for such trimming, 

 cutting or removal to the Tree Warden, 

 and in that case the Warden will hold a 

 Dublic hearing, after givim^- due notice 

 thereof, on such amplication, and anyone 

 aggrieved bv the Tree Warden's decision 

 may aDpeal to the County Commissioners 

 of the Countv in which the Town is sit- 

 iiated, and the decision of the Commis- 



noners on the appeal will be final. 



All of the provisions limiting the rights 

 of the abutting proprietors in these trees 

 are designed solely with a view to the 

 public welfare and enjoyment, and do not 

 afifect the proprietor's rights as against 

 private parties not acting as representing 

 the public. The public good is superior 

 to the private right, and even the pro- 

 prietor himself cannot injure these so- 

 called public trees which he owns ; but on 

 the other hand, wdien other private par- 

 ties, merely as such, desire to act in any 

 way aiTecting such trees, ( as, for example, 

 a telephone company in stringing" its 

 wires), they must first obtain the consent 

 of the proprietor, since they are engaged 

 in a ])rivate enterprise primarily, and they 

 must in addition obtain the consent of 

 the Tree Warden, to insure against an 

 interference with the public enjoyment 

 of the trees affected by the enterprise. In 

 other words, where the agency which 

 threatens a public tree is wholly dis- 

 interested and public spirited, the con- 

 sent of the public authority aloiiie is 

 required, although the proprietor is in 

 some cases given an opportunity to be 

 heard ; and where the agency is wholly 

 or partially attributable to a private or 

 special interest, the consent of the pro- 

 l^rietor is requisite, with a veto power in 

 the public authority as a safeguard to the 

 incidental public rights involved. 



^^'e trust that these general remarks 

 will prove of interest to your readers, and 

 remain, with best wishes for your con- 

 tinued success. 



Yours very truly, 



CUMMINGS & LOCKWOOD. 



Stamford, Connecticut, 

 lune 22, 1916. 



The flow of the famous intermittent 

 spring of Bombay is found to have no 

 relation to the seasonal rainfall. The 

 flow mav continue from two weeks to 

 two moi^ths, and be followed by one to 

 three vears of dryness. Moreover, the 

 flow ma>- start up five months after the 

 last drop of rain in the region. 



In the flower-embroidered meadows, 



And the majesty of trees, 

 In the blue of distant mountains, 



And the lure of tropic seas; 

 In the ecstasy of bird song, 



The murmur of the breeze, 

 Are witcheries of nature 



Would e'en the worldly please. 



— Emma Peirce. 



