FORESTRY COMMISSIONER. 67 



It seems to me that the essential things in the bill are that the 

 National Forest is created immediately instead of awaiting the 

 cutting of the merchantable timber, as was necessary under the 

 existing law; the Ten Sections, the islands in Cass Lake, Pine 

 Point and Sugar Point are included within the forest, with the 

 merchantable timber thereon uncut; the Indians are paid such 

 amounts as are due them for their lands and for the timber left 

 standing; the percentage of seed trees reserved is increased from 

 five to ten per cent; the forest is consolidated by making possible 

 the relinquishment or purchase of Indian allotments; and the 

 logging on all Indian allotments not relinquished shall be done in 

 such a manner as not to endanger the rest of the forest. I am 

 very glad that Section 7 was added to protect the Indian graves. 



I am hoping that some solution of the State swamp land ques- 

 tion will be found which will remove the last difficulty in the way 

 of the successful administration of this National Forest. 



Very sincerely yours, 



GIFFORD PINCHOT, 



Forester. 



THE STATE'S POWER TO REGULATE CUTTING 

 OF TREES ON PRIVATE LAND. 



Although the question in its apphcation to forestry has 

 not been agitated in Minnesota, it is nevertheless a well 

 established principle of law that the State has the consti- 

 tutional power — known as its ' 'police'' power — to regulate 

 the use of private property so as to promote the public 

 welfare. Under this power the State can prohibit the 

 cutting of small trees by a private owner, where such 

 cutting would injuriously affect the maintenance of natural 

 water supply, or otherwise be prejudicial to the public 

 welfare. This principle of law has lately received fresh 

 support by an opinion of the Supreme Judicial Court of 

 Maine, rendered at the request of the Senate of Maine, 

 and as it will prove instructive to all interested in forestry, 

 I quote it in full. 



