JOURNAL OF FORESTRY 



Vol. XIX NOVEMBER, 1921 No. 7 



The Society w not responsible, as a body, for the facts and opinions advanced 

 in the papers published by it. 



STATE REGULATION OF CUTTINGS ON PRIVATELY 

 OWNED LANDS ^ 



By Hon. Charles D. Newton BOTan 



Attorney General of Nezv York 



Inquiry. — Has the Legislature, under the police power of the State, 

 constitutional authority to regulate the cutting of trees upon privately 

 owned land? 



You have requested my opinion upon the extent of the constitutional 

 authority of the Legislature, in the exercise of the police power of 

 the State, to regulate the cutting of trees on privately owned land. 



Your inquiry involves the constantly recurring conflict between 

 present private property, as such rights have grown to be regarded, 

 and the public welfare, present and future, as changing social and 

 economic conditions constrain many to consider the ever increasing 

 demands of a rapidly growing population. Your inquiry necessarily 

 involves the question whether forest destruction has yet advanced to 

 that degree of spoliation and public detriment that the Legislature 

 would be justified in extending the broad police power of the sov- 

 ereign to the limitation of men's methods of cutting trees on their own 

 lands and for perfectly legal and proper purposes. That is primarily 

 a question for the Legislature to decide, for only upon such determina- 

 tion by the Legislature, based on sufficient proof, can such legislation 

 be justified. 



In view of the fact that this attribute of government is not fixed; 

 but adapts itself to constantly changing conditions, even as society, 



' An opinion rendered by Hon. Charles D. Xewton, Attorney General of New 

 York, to Conservation Commissioner Staley, under date of June 16, 1921, in 

 regard to the power of the legislature under police power of the State to regu- 

 late the cutting of trees on privately owned land. 



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