58 ANNUAL REPORT OF 



The request, dated March 27, 1907, of the Senate of 

 Maine for the opinion was as follows: 



Ordered, The Justices of the Supreme Judicial Court are hereby re- 

 quested to give to the senate, according to the provisions of the constitution in 

 this behalf, their opinion on the following questions, to-wit: 



In order to promote the common welfare of the people of Maine by pre- 

 venting or diminishing injurious droughts and freshets, and by protecting, preserv- 

 ing and maintaining the natural water supply of the springs, streams, ponds and 

 lakes and of the lands, and by preventing or diminishing injurious erosion of 

 the land and the filling up of the rivers, ponds, and lakes, and as an eflScient 

 means necessary to this end, has the legislature power under the constitution. 



1. By public general law to regulate or restrict the cutting or destruction 

 of small trees growing on wild or uncultivated land by the owner thereof without 

 compensation therefor to such owner; 



2. To prohibit, restrict or regulate the wanton, wasteful or unnecessary 

 cutting or destruction of small trees growing on any wild or uncultivated land 

 by the owner thereof, without compensation therefor to such owner, in case such 

 small trees are of equal or greater actual value standing and remaining for their 

 future growth than for immediate cutting, and such trees are not intended or 

 sought to be cut for the purpose of clearing and improving such land for use or 

 occupation in agriculture, mining, quarrying, manufacturing or business or for 

 pleasure purposes or for a building site; or 



3. In such manner to regulate or restrict the cutting or destruction of trees 

 growing on wild or uncultivated lands by the owners thereof as to preserve or 

 enhance the value of such lands and trees thereon and protect and promote the 

 interests of such owners and the common welfare of the people; 



4. Is such regulation of the control, management or use of private property 

 a taking thereof for public uses for which compensation must be made? 



OPINION OF THE COURT. 

 To the President of the Senate: 



The undersigned justices, in obedience to the requirement of the constitution, 

 severally give the following as their advisory opinion upon the questions of law 

 submitted to the justices of the Supreme Judicial Court by the senate order of 

 March 27, 1907: 



We find that the legislature has by the constitution "full power to make and 

 establish all reasonable laws and regulations for the defense and benefit of the 

 people of this state, not repugnant to this constitution nor that of the United 

 States." Constitution of Maine, Article IV, Part III, Section x.. It is for the 

 legislature to determine from time to time the occasion and what laws and regula- 

 tions are necessary or expedient for the defense and benefit of the people; and 

 however inconvenienced, restricted or even damaged particular persons and 

 corporations may be, such general laws and regulations are to be held valid unless 

 there can be pointed out some provision in the state or United States Constitution 

 which clearly prohibits them. Those we understand to be universally accepted 

 principles of constitutional law. 



As to the proposed laws and regulations named in the senate order, the only 

 provision of the United States Constitution having any possible application to 



