No. 4.] HIGHWAYS. 239 



would like to ask if a committee appointed by the local 

 improvement society could remove them, or would they 

 need the permission of the tree warden ? 



Mr. Dickinson. I should think that under the law the 

 tree warden is charged with that duty. I do not know as the 

 law goes specifically into that subject, but I think his au- 

 thority is broad enough to warrant the removal by him of 

 the defacing emblems, and he may probal)ly depute that 

 duty to a committee of the improvement society as his 

 deputies. 



The Chair. Did T understand you correctly, in referring 

 to the law, to say that no one has a right to cut any tree 

 down except the tree warden ? 



]\Ir. Dickinson. All trees which are public shade trees ; 

 that is a weakness in the law. I presume any tree warden 

 would give authority to the owner to cut all trees he wanted 

 to remove, in case of a wooded tract adjoining the highw^ay. 



Question. Is there any priority of right in the high- 

 way between the pedestrian, a carriage, a trolley car or an 

 automobile ? 



Mr. Dickinson. You are asking a difficult question. 

 Every one of those Avould have to be decided according to 

 circumstances. I think it is always a question of fact. The 

 rights of pedestrians are more carefully guarded in Massa- 

 chusetts than almost anywhere. The law is that the highway 

 belongs to the public, and all have equal rights. The street 

 car has equal rights with other travellers, but is confined to 

 a certain location ; within that location it has a right to 

 move with reasonable despatch, but it cannot run down a 

 person. The only way is to apply the golden rule, and do 

 as Ave would be done by. 



Question. Has the surveyor any right to trim trees that 

 would interfere with public travel? Of course he has a right 

 to cut to a certain extent, — but fruit trees, for instance? 



]VIr. Dickinson. That is a difficult question. I have not 

 examined the law in regard to public surveyors, as to what 

 their rights are. If the survej^or finds that it is necessary 

 to public safety to cut certain trees, I should advise him to 

 go ahead. If it becomes necessary, for the passage of high 



