6 MASS. EXPERIMENT STATION BULLETIN 349 



December to "such seasons of the year as thev deem proper" by an act passed 

 in 1892.15 



By a statute of 1893, the affixing of a playbill, poster notice, advertisement 

 or printed matter on, or the cutting, painting or marking of trees, except for the 

 purpose of protecting such trees, without first obtaining a permit from the officer 

 having charge of such trees in a city or from the selectmen, was made a criminal 

 offence, punishable by a fine of not less than five nor more than fifty dollars. 



In 1893, the care of shade trees was given to road commissioners in towns 

 choosing such officers; and the superintendent of streets in towns where this 

 official was appointed, was given "the care and preservation of shade trees," 

 under the direction of the selectmen. '^ 



The General Court in 1896 authorized towns to elect tree wardens at the 

 annual elections, to serve for one year. This officer was given "full care and 

 control of all public trees in the town", and had "charge of the expenditure of all 

 public funds appropriated or granted for setting out shade trees", and he could 

 "order the removal of . . . shade trees or parts thereof", as he "might determine 

 to be for the best interests of the public, after hearing parties interested." He 

 was prohibited from cutting down, removing or injuring an}- live public shade 

 tree, until he had given public notice of his intention so to do by posting a notice 

 on the tree and in at least seven places in the town. He was required to appoint 

 a suitable tin'ie and place for hearing all parties interested, to attend at the time 

 and place appointed, hear all parties interested, and determine the necessity or 

 expediency of such removal. His decision was final. He was empowered to enter 

 and prosecute complaints for malicious injury to, or unlawful acts concerning 

 public shade trees. ^^ 



Permissive legislation was enacted in 1897 providing for the appointment of 

 foresters. If this statute was accepted in a town, the forester was given charge 

 of "all trees within the limits of a highway, public way or square ..." and had 

 and exercised all the powers and was subject "to all the restrictions granted to 

 and imposed upon tree wardens." The duty of enforcing "all the provisions of 

 law relating to the setting out, cultivation and preservation of shade, ornamen- 

 tal .. . trees" was imposed upon him.'^ 



It requires no extended discussion to point out the confusion which must have 

 resulted from the multitudinous and apparently inconsistent legislation passed 

 up to this time (1897) and then in force. In Wright v. Chelsea, 207 Mass. 460, 

 the court, in reviewing the enactments on the subject of shade trees from 1885 

 to 1897, said at page 463: "It would not have been strange if voters and officers 

 in towns may have been somewhat perplexed as to the effect of these several 

 enactments." 



In 1899, the Legislature codified and amended the laws relative to the preserva- 

 tion of public shade trees. This law applied to towns e.xclusively. Under this 

 codification the election of a tree warden was mandatory. The term of office was 

 "one year and until his successor was elected and qualified." Upon the tree war- 

 den devolved the care and control of all public shade trees in the town, except 

 those in public parks or open spaces under the jurisdiction of park commissioners, 



isSt. 1892, c. 147. 

 >«St. 1893, c. 423. 

 "St. 1896, c. 190. 

 "St. 1897, c. 254. 



