REGULATION OF TIMBER CUTTING 285 



of the supreme court of the state of held in the Supreme Court; but a 

 Maine and a decision of the United hroader ground was there applied the 

 States Supreme Court. inherent right of the state to protect 

 The recommendation of this policy its natural "advantages." Referring to 

 by such eminent authority arrested the the public interest of the state to main- 

 Nation's attention. Lovers of the tain its rivers substantially undimin- 

 woods rejoiced. Those who fought ished, the court, through Mr. Justice 

 federal ownership of timber lands Holmes, says : 



grasped this new weapon with zeal. ''This public interest is omnipresent 



Preservation of forests by statute, with- wherever there is a state, and grows 



out cost to the state, appealed to all more pressing as population grows, 



except those who owned the lands and The private right to appropriate is 



hitherto had ruthlessly devastated them subject * * * to the initial limitation 



in their selfish pursuit of wealth. that it may not substantially diminish 



To many lawyers who believed they one of the great foundations of public 



knew something of constitutional lim- welfare and health." 



itations, this announcement came as a "It," referring to the state, "finds 



surprise possibly as a shock. Prob- itself in possession of what all admit 



ably, as stated by Mr. Justice Holmes to be a great public good, and what it 



and quoted by the President, "there are has it may keep and give no one a rea- 



benefits from a great river that might son for its will." 



escape a lawyer's view ;" but benefit The portions of the opinion which 

 alone has not been understood to justify appear particularly to apply to our sub- 

 depriving a citizen of his property or ject are as follows: 

 the useful_ disposal of it, without just "But it is recognized that the state, 

 compensation. as quasi-sovereign and representative 

 If any justification is needed for ex- of the interests of the public has a 

 amining into the basis and scope of this standing in court to protect the at- 

 theory of state regulation, it may be mosphere and the water and the forests 

 found in the thought that too much re- within its territory, irrespective of the 

 liance upon any policy may tend to hin- assent or dissent of the private owners 

 der progress on more effectual lines. of the land most immediately con- 

 Portions of the language used in the cerned." Citing Georgia vs. Tennessee 

 cases referred to reach the limits which Copper Company, 206 U. S., 230, 238, 

 have been set by courts of authority in and Kansas vs. Colorado, 185 U. S., 

 applying the doctrine of police power. 125, 141 ; 206 U. S., 46, 99. 

 Precisely what the cases decide, and "All rights tend to declare them- 

 even more, what they signify, are im- selves absolute to their logical extreme, 

 portant questions. Yet all, in fact, are limited by the neigh- 

 First, let us consider Hudson County borhood of principles of policy. * * * 

 Water Company vs. McCarter, decided The limits set to property by other pub- 

 in the Supreme Court April 6, 1908, and He interests present themselves as a 

 reported in 209 U. S., 349. The point branch of what is called the police 

 actually decided was merely that a power of the state. * * * 

 statute of New Jersey which prohibits "The public interest is omnipresent 

 carrying out of the state the waters of wherever there is a state, and grows 

 any fresh-water lake or water-course is mO re pressing as population grows. It 

 a valid exercise of the state's authority. j s fundamental, and we are of opinion 

 An injunction against the violation of that the private or riparian proprietors 

 the provisions of this statute was cannot be supposed to have deeper 

 granted in the state court on the famil- rio-hts. 



iar ground that the defendant had no "We are of opinion, further, that the 



right, as riparian proprietor, to divert constitutional power of the state to in- 



water to a distance. This view was up- sist that its natural advantages shall 



