Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1908-05-26
PRESIDENT R0OGEIHTS CONSERVATION SPEECH


selves and our children against the waste
Iul development or our natural resources.
whether that waste is caused by the actual
obstruction of such resources or by makin0
them impossible Of development hereafter.
Duty to Next Generation.
Any right thinking father earnestly de-
slres and strives to leave his son both an
untarnished name and a reasonable equip.
ment for the struggle OF life. So this
nation as a whole should earnestly desire
and strive to leave to the next generation
the national honor unstained and the ma
tional resources unexhausted. There are
signs that both the nation and the States
are waking to realization Of this great
truth.
On March 10, 1908, the Supreme Court
of Maine rendered an exceedingly important
judicial decision
This opinion was rendered in response
20 questions as to the right Of the legis-
lafure to restrict the cutting of trees on
private land for the prevention of dfoughts
and Hoods, the preservation of the natural
water supply, and the prevention of the
erosion OF such lands, and the consequent
ming up Of rivers. ponds, and lakes.
Inc forests and water power of Make
constitute the larger part Of her wealth
and form the basis of her industrial life,
and the question submitted by the Maine
Senate to the Supreme Court and the an
swer OF the Supreme Court alike bear tes-
Maine. and clearly define a policy of con-
seryation of natural resources, the adop-
ton OF which Is of vital importance not
merely to Maine but to the whole coun-
try.
Such a policy will preserve soil, for
ests. water power as a heritage for the
children and the children's children Of the
men and women of this generation; for any
enactment that provides for the wise utiliza-
ton of the forests, whether in public or
private ownership, and for the conserva-
ton of the water resources of the country.
must necessarily be legislation that will
promote both private and public welfare
for food prevention. water power develop
ment. preservation of the soil, and improve
ment of navigable rivers are all promoted
by such policy of forest conservation.
Community First.
The opinion of the Maine Supreme sench
sets forth unequvocally the principle that
the property rights Of the individual are
subordinate to the rights of the commun-
ity. and especially that the waste of wild
timber land derived originally from the
State, involving as 1t would the mpover-
ishment of the State and its people and
thereby defeating one great purpose of gov
eminent may properly he prevented by
State restrictions
The court says that there are two rea-
sons why the right of the public to control
and limit the use of private property is
peculiarly applicable to property in land
First, such property Is not the result
OF productive labor, but Is derived solely
from the State itself. the original owner;
second, the amount OF land being incapable
of increase. If the owners of large tracts
can waste them at will without State
striction, the State and its people may be
helplessIy impoverished and one great pur-
pose of government defeated.
I'VE do not think proposed legislation
would operate to take private property
within the inhibition of the constitution.
while it might restrict the owner of
wild and uncultivated lands in his use of
them, might delay his taking some of the
product, might delay his anticipated profits
and even thereby might cause him some
him his lands, their product and increase,
untouched, and without diminution of title,
estate, or quantity.
HE would still have large measure of
control and large opportunity to realize
values. He might suffer delay but not
deprivation.
THE proposed legislation would be with
in the legislative power and would not
operate as taking of private property
for which compensation must be made"
The Court of Errors and Appeals of
New Jersey has adopted similar view,
which has recently been sustained by the
Supreme Court of the United States.
State Has Rights.
In delivering the opinion of the court
",
'Fhe State as quas-sovereign and rep
resentative of the interests of the public
has a standing in court TO protect the at
mosphere. the water, and the forests within
its territory. irrespective OF the assent or
dissent of the private owners of the land
most Immediately concerned.
1T appears TO us that few public in
terests are more obvioas, indisputable and
Independent of particular theory than the
interest of the public of State TO main
tain the rivers that are wholly within 1t
substantially undiminished, except by such
drafts upon them as the guardian of the
public welfare may permit for the purpose
of turning them to more perfect use.
This public interest is omnipresent
wherever there is a State. and grows mere
pressing as population grows.
Eve are of opinion, further, that the
constitutional power of the State 10 insist
that its natural advantages shall remain
unimpaired by it's citizens is not dependent
upon any nice estimate of the extent of
present use or speculation as to future
needs
THE legal conception of the necessary
is apt to be confined to somewhat rudi-
mentary wants, and there are benefits from
a great river that might escape lawyers
view.
.But the State is not required to submit
ever to an esthetic analysis.
ANY analysis may be inadequate. 1t
finds itself in possession of what all ad-
nit to be a great public good, and what
for It's WILL"
These decisions reach the root of the
idea of conservation of our resources in
the interests OF our people.
Finally, let remember that the con-
servation of our natural resources, though
the gravest problem of to-day, is yet but
part of another and greater problem to
which this nation is not yet awake, but TO
which 1t will awake in time. and with
which Ii must hereafter grapple if it is to
live-the problem of national efficiency, the
patriotic duty of insuring the safety and
continuance of the nation.
When the people of the United States
consciously undertake to raise themselves
as citizens. and the nation and the States
in their several spheres. TO the highest
pitch of excellence in private, State, and
national life. and to do this because ii Is
the first of all the duties Of true patriotism,
then and not till then the future of this
nation, in quality and in time, viii be as
sured