10 MASS. EXPERIMENT STATION BULLETIN 349 



have control of the latter, if so requested in writing by the park commissioners.*-^ 



I construe the word "care" as used in this statute to mean "maintenance" 

 and "preservation", and, consequently, the tree warden is authorized to do every- 

 thing which can be reasonably done to preserve and maintain public shade trees. 



The word "control" as used in this connection was considered in Sharon v. 

 Smith, 180 Mass. 539, (1902) in which the court said: 



In view of the prior legislation on this matter, . . . , we think that the 

 care and control given to the tree warden is in substance the same as that 

 which had been theretofore exercised by various town officers, and that 

 the ruling that the prohibition in the statute refers to an interference not 

 authorized by law with shade trees and that the statute is not to be so 

 construed as to give to the tree warden supreme power over a tree as against 

 the power of the town to locate guide boards, is correct. 



The tree warden expends all money appropriated for the setting out and 

 maintenance of such trees, shrubs and growths, and no tree shall be planted 

 within a public way without his approval, "and in towns until a location therefor 

 has been obtained from the selectmen or road commissioners."*^ He may, if 

 he deems it expedient, plant shade trees upon land adjoining public ways, at a 

 distance not exceeding twenty feet from such ways, for the purpose of improving, 

 protecting, shading or ornamenting the same; provided, that written consent 

 of the adjoining land owner shall be first obtained.*^ The granting of a location 

 in a public way for the planting of shade trees is not an alternative function of 

 the selectmen or road commissioners. The tree warden should determine what 

 board has jurisdiction. If a surveyor of highways is chosen in the town, applica- 

 tion should be made to the selectmen; but if the town has voted to elect road 

 commissioners, the application for the granting of a location should be made to 

 this latter board, for it is provided in G. L. (Ter. Ed.) c. 41, § 64: 



If road commissioners be chosen, they shall exclusively have the powers, 

 perform the duties and be subject to the liabilities and penalties of select- 

 men and surveyors of highways relative to public ways, monuments at 

 the termini and angles thereof, guide posts, sidewalks and shade trees, and, 

 if sewer commissioners be not chosen, relative to sewers and drains. 



The tree warden may make regulations for the care and preservation of public 

 shade trees, and establish fines and forfeitures of not more than twenty dollars 

 in any one case for violation thereof. Such regulations as may be promulgated 

 by him must be posted in one or more public places, and in towns, approved by 

 the selectmen before they become effective. When so posted and approved, they 

 have the effect of town by-laws.*^ 



The tree warden of a town may appoint and remove deputy tree wardens. 

 He and they shall receive such compensation as the town determines, or in default 

 thereof, as the selectmen allow. *^ He may hold the office of forest warden.**" 

 In a town where there is no officer charged with the suppression of gypsy and 

 brown tail moths "the tree warden may destroy within the limits of his city or 



"G. L. (Ter. Ed.), c. 87. § 2. 

 36G. L. (Ter. Ed.), c. 87, § 2. 

 -3'G. L. (Ter. Ed.), c. 87, § 7. 

 38G. L. (Ter. Ed.), c. 87, § 2. 

 s'G. L. (Ter. Ed.), c. 87, § 2. 

 "G. L. (Ter. Ed.), c. 48, § 8. 



