STATE REGULATION OF TIMBER 



CUTTING 



ON THE 2/th of March, 1907, the are necessary or expedient for the de- 

 Maine senate asked the opinion of fense and benefit of the people ; and 

 the Maine supreme court as to the power however inconvenienced, restricted or 

 of the legislature in order "to promote even damaged particular persons or 

 the common welfare, etc.," to "regulate corporations may be, such general laws 

 and restrict cutting or destruction of and regulations are to be held valid 

 trees on wild and uncultivated land." unless there can be pointed out some 

 March 10, 1908, the court rendered an provision in the State or United States 

 opinion which has been widely com- Constitution which clearly prohibits 

 mented on, especially since President them. 



Roosevelt's mention of it in his address _?. Eminent Domain. Deprivation 

 to the Conservation congress. This of property without compensation. 

 opinion is frequently referred to as a Legislation to restrict or regulate the 

 "decision," which it was not, no case cutting of trees on wild or uncultivated 

 being before the court. It was a die- land by the owner thereof, etc., without 

 turn in response to an inquiry by a compensation therefor to said owner in 

 branch of the legislature, and one of order to prevent or diminish injurious 

 the justices declined to join in it, on droughts and freshets, and to protect, 

 the ground that no exigency existed preserve and maintain the natural 

 sufficient to warrant the inquiry. water-supply of springs, streams, ponds 

 The opinion, an abstract of which is and lakes, etc., and to prevent or 

 given herewith, was reported in the diminish injurious erosion of the land 

 Atlantic Reporter, Vol. 69, No. 9, of and the filling up of the rivers, ponds 

 date June 4, 1908. and lakes, etc., would not operate to 

 The question of state regulation was "take" private property within the inhi- 

 made a subject of discussion at the an- bition of the constitution, 

 nual meeting of the American Forestry 4. Same. While such legislation 

 Association in January, and two papers might restrict the owner of wild or un- 

 were presented, one from the standpoint cultivated lands in his use of them, 

 of a forester, the other from that of a might delay his taking some of the pro- 

 lawyer. These papers follow the ab- duct, might defer his anticipated profits 

 stract of the court's opinion below. and even thereby might cause him 



some loss of profit, it would never- 



OPINION OF THE MAINE SUPREME COURT, theless leave him his lands, their pro- 

 duct and increase, untouched and with- 

 Law. Police out diminution of title, estate or quan- 

 The legislature of Maine has, tity. He would still have large meas- 

 by the constitution of Maine "full ure of control and large opportunity to 

 power to make and establish all reason- realize values. He might suffer delay 

 able laws and regulations for the de- but not deprivation. While the u?e 

 fense and benefit of the people of this might be restricted it would not be ap- 

 state, not repugnant to this constitu- propriated or "taken." Such legisla- 

 tion nor that of the United States." tion would be within the legislative 

 -It is for the legislature power and would not operate as taking 

 to determine from time to time the oc- of private property for which compen- 

 casions and what laws and regulations sation must be made, 

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