No. 4.] HIGHWAYS. 241 



nified as to defeat special work of the town in imfa-oving 

 its roads. The action of the town would take entire pre- 

 cedence, I should think, over the right of the tree warden 

 in such a case. 



Question. Has the public surveyor a right to trim shade 

 trees on the side of the road, and make them look like bean 

 poles? 



Mr. Dickinson. I don't think so. That is the tree 

 warden's business. The surveyor has the right to do what is 

 necessary to make the highways safe for public travel, but 

 not to go beyond that. 



Mr. . As to the rights of the abutter as far as the 



middle of the road, in your opinion, if the tree warden should 

 decide that on one side of the street it Avas for the public 

 benefit to cut the trees growing there, public shade trees, 

 has he the right to do that, and can no one interfere? 



Mr. Dickinson. I think the law gives him that authority 

 under certain limitations, but it Avould be an exercise of bad 

 judgment thus to do. 



Secretary Stockwell. But the man may do an injury 

 that would remain for twenty-five years, before you could 

 turn him out at the end of the year. I think it is a ques- 

 tion of very great moment in all sections of the State. We 

 have been trying for two years to make a law that will 

 be satisfactory to all parties. The tree warden should not 

 have such absolute power that his taste and judgment shall 

 decide for a year what shall be done, so that he may change 

 the aspect of a street. He, perhaps, might have peculiar 

 taste, so that he would injure a street for many years. In 

 the second place, the law should be so amended that the 

 abutter shall have a rio:ht to be interested in his own 

 land. His individual taste should be consulted in connec- 

 tion with it. 



Mr. Dickinson. I think that is an important matter. 

 The rights of the abutter are not quite fully protected by 

 this tree w^arden law. I think it should be provided that 

 the tree warden should not remove any tree until he has 

 the consent of the abutter, and if they disagree about it, 

 that the selectmen should settle it. 



