SHADE TREES AND THE LAW 241 



town must elect a Tree Warden, and defining the duties 

 and powers of the office thus created. In 1907, Pennsyl 

 vania enacted a shade tree law to a large extent modelled 

 on the New Jersey law and its amendments. These three 

 states were the pioneers. The successful operation of their 

 laws attracted the attention of people elsewhere, and 

 numerous states now have laws governing the planting and 

 care of shade trees. It is a tribute to the foresight and in 

 telligence with which New Jersey, Massachusetts and Penn 

 sylvania handled the subject that the laws of these three 

 states are still considered the models for such legislation. 



The close kinship of the laws of New Jersey and Penn 

 sylvania make it possible to summarize them as one. 

 Under the provisions of these measures, the governing 

 body of any city, town, township, borough or other munic 

 ipality may vote to accept the provisions of the law for 

 application locally; a shade tree commission is then estab 

 lished and to this commission all matters pertaining to 

 shade tree planting and care are entrusted. Nothing can 

 be done without the approval and authority of the com 

 mission. The law covers planting, pruning, spraying and 

 removal, thus giving the local government the complete 

 control so necessary to satisfactory development of a shade 

 tree system. 



Additional power of much importance is given through 

 the provision that the shade tree authorities need not 

 wait until property owners decide that their particular 

 street should have shade trees. The commission may 

 proceed on its own initiative. After determining that a 

 street needs trees, it gives public notice of intention to 

 plant. All persons interested are then given a hearing on 

 the subject, and after this, the work proceeds along lines 

 followed in other public improvements. The commission 

 determines the species to be used and the exact location of 



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