92 THE CONNECTICUT POMOLOGICAL SOCIETY. 



Again, we have public shade trees. Any town may appro- 

 priate money to be expended by the tree warden in planting^ 

 shade trees in the public ways, provided the written consent 

 of the owners of the adjoining land shall be first obtained. 

 "All transplanted trees and all other trees not less than six 

 inches in circumference, measured two feet from the ground, 

 within the limits of any public way shall be deemed public 

 shade trees." Such trees can only be cut or removed by the 

 tree warden. Any person, not the owner of the adjoining 

 land, wilfully injuring such a tree may be prosecuted under 

 a statute which prescribes a fine of not more than $ioo, or 

 imprisonment for not more than 12 months or both. (General 

 Statutes, Sections 4444, 4445 and 1223). 



If the owner of the adjoining land is the offender, I think 

 that he should be prosecuted under a statute which makes 

 the penalty a fine of not more than $100. (General Statutes. 

 Sec. 4447)- 



The person or corporation having a right to maintain 

 structures in the highway is, in my judgment, exempt from 

 the operation of these statutes, while acting in the exercise of 

 his or its rights, without malice. 



But, says my tree warden friend, the offender named in 

 my letter is one who has a right to maintain structures in the 

 highway. Whisper it softly. It is a telephone company. 

 Ah, then, I fear that unless you can prove that the acts were 

 done wantonly and maliciously, and even in that case you 

 would doubtless have to prosecute the individual actors and 

 not the corporation, there is only one little statute for you to 

 rely upon. It is this. "No telegraph, telephone or electric 

 light or power company shall cause to be cut down or injured 

 any tree growing on the highway for the purpose of con- 

 structing or maintaining any electrical wires or fixtures of any 

 kind, without the written consent of the adjoining proprietor."' 

 (General Statutes, Sec. 4441). 



Every corporation violating any provision of Sec. 4441 

 shall forfeit fifty dollars for each offense, and the act of the 

 agent or employe of such corporation shall be the act of such 

 corporation to work the forfeiture herein povided. (General 

 Statutes, Sec. 4442.) 



