14 MASS. EXPERIMENT STATION BULLETIN 349 



public hearing as required, objection to the cutting or removal is made in writing 

 by one or more persons, he may not cut or remove such tree "unless such cutting 

 or removal or permit to cut or remove is approved by the selectmen or by the 

 mayor."*® 



The word "approval" has been defined by the Supreme Judicial Court as 

 follows: 



Approval implies favorable conviction manifested by affirmation con- 

 cerning a specific matter submitted for decision. It does not import 

 initiative. Approval ordinarily indicates the will to assent to an act done 

 by someone else rather than the doing of that act ... It signifies the appli- 

 cation of sound judgment to a proposition emanating from another source 

 and submitted for investigation. It requires the exercise of faculties of 

 criticism and discrimination. It denotes positive sanction. It does not 

 mean original and inventive construction in the first instance. On the other 

 hand, it is not a mere perfunctory act. It imposes no mean responsibility. 

 It carries power and duty of an effective nature.'^ 



In Graham v. Board of Public Works of Pittsfield, 285 Mass. 544, it was held 

 that the action of the board of public works of Pittsfield, who under the city 

 charter performed the duties of tree warden, in ordering the removal of shade 

 trees in a public way was of no effect, because, objections having been made to 

 their removal, it had not been approved by the mayor. The removal of the trees 

 was enjoined by the court. 



There are exceptions, however. If the mayor of a city, selectmen of a town, 

 road commissioners or highway surveyor deem that a public shade tree obstructs, 

 endangers, hinders or incommodes persons travelling on a public way within the 

 city or town, they or any of them may order the tree warden to trim or cut down 

 such tree or bushes. In case such order is given, no public hearing is required, 

 and it is the duty of the warden to carry it out. 



I think that the rule which I have previously stated with respect to the grant- 

 ing of location for the planting of trees by the selectmen ought to be modified 

 somewhat in its application to the ordering of the trimming or cutting down of 

 trees. Selectmen are the executive and administrative officers of the town. 

 "Speaking generally, it may be said that they are agents to take the general 

 superintendence of the business of a town; to supervise the doings of subordinate 

 agents, and the disbursement of moneys, appropriated by vote of the town, to 

 take care of its property and perform other similar duties . . . They can exercise 

 such powers and perform such duties as are necessarily and properly incident to 

 the special and limited authority conferred on them by their office. They are 

 special agents, empowered to do only such acts as are required to meet the ex- 

 igencies of ordinary town business."''* If it should be brought to their attention 

 that a public shade tree obstructs, endangers, hinders or incommodes persons 

 travelling on ways, it would be their duty to order the trimming or cutting of 

 such trees. 



If the officers authorized to lay out highways shall order the trimming, cutting 

 or removal of any public shade tree "for the purpose of widening the highway", 



<«G. L. (Ter. Ed.), c. 87, § 4. 



"Simpson v. Marlborough, 236 Mass. 214. 



^'Smith V. Cheshire, 13 Gray, 318, 319. 



