SELF-GOVERN AlENT IN FORESTRY 

 By W. B. Greeley 



Notwithstanding its many admirable features, the program recom- 

 mended by the Committee for the Application of Forestry is not sound, 

 in my judgment, in the following respects : 



The grave doubt as to its constitutionality. Many lawyers call the 

 proposal unconstitutional. Most of the others say in substance that 

 only the Supreme Court can decide. It does not seem to me wise for 

 the Society of American Foresters to" commit itself to a program which 

 in every stage of advocacy, of adoption, and of subsequent application 

 must overcome this objection; and which stands a large chance of 

 being thrown out by the courts after many years of effort have been 

 expended. 



Conflicting jurisdiction. Whether Federal legislation of the kind 

 proposed is constitutional or not, there is no question as to the authority 

 of the States to enact laws and create administrative agencies covering 

 the same field. Many of the States undoubtedly will extend their 

 existing forestry laws along certain of these lines. Conflicts in leg- 

 islative and administrative requirements would be inevitable. Oppor- 

 tunity would be afforded for almost endless litigation, controversies 

 between State and Federal authorities, and difficulties in administrative 

 practice. The issue of an infringement of State jurisdiction would be 

 raised and would add to the opposition to the proposal on its own 

 merits, further opposition based upon the Federal assumption of State 

 functions. 



The situation thus created would, in my judgment, seriously confuse 

 and hamper our national development in forestry. Because of the 

 doubt as to its constitutionality and the unquestioned conflicts in juris- 

 diction which would arise, I regard the program as unworkable. I 

 fear that it would fail to get results. It seems to me preferable to 

 avoid these difficulties and obstacles by recognizing the field as one for 

 State action and by bending our efforts toward getting effective State 

 action backed by a large measure of Federal cooperation. 



Its violation of the American conception of local self -government. 

 The question of administrative means goes much deeper than technical 

 interpretations of the constitution. To put a stop to forest devasta- 

 tion, the committee proposes an important extension of the prevailing 

 American conception of the police functions of Government in relation 



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