SHADE TREES AND THE LAW 243 



states along the line of promoting the planting of trees. 

 The weak point in this respect is that the state law pro- 

 vides no funds for carrying out the provisions of the act. 

 The matter of raising funds by taxation is left to local 

 option, which has crippled the operation of the law in 

 many communities. Some municipalities have officers 

 empowered to enforce the shade tree laws, but are not 

 sufficiently aroused to the importance of the question to 

 appropriate sufficient funds for the maintenance of the 

 work. The result is a failure to realize the best possibilities 

 in shade tree development. Another criticism of the Mass- 

 achusetts law is that it is a mistake to have tree wardens 

 elected. This subjects the office to political influences, 

 which are undesirable and which could be avoided by 

 having the office appointive, subject to approval by a 

 State officer trained in tree culture and connected with the 

 Department of Conservation. 



Perhaps the most important feature of the Massachu- 

 setts law is its requirement that every town in the state 

 must have a tree warden. This provision is tangible 

 recognition of the value of shade trees to a community, 

 and placing it on the statute books has resulted in arous- 

 ing new interest in the subject of trees and tree planting. 

 The powers conferred on the municipal authorities are 

 necessarily broad, but even in this respect attention is 

 given to preventing an unsatisfactory use of these powers 

 in certain important particulars. In the original law the 

 final decision for the removal of public trees rested with 

 the tree warden. Under the revised law recognition is 

 given the right of the private citizen and property owner 

 to have a voice in the disposal of such trees. To this end 

 the warden or other official is required to hold a public 

 hearing, duly advertised, before any public tree may be 

 removed. Even after this hearing there is provision for 



