Omaha daily bee., 1908-05-14

TEN Of waterways on the Pacific, Atlantic
and Gulf coasts and IN the Mississippi val
ley, from the Great Plains to the Alleghen-
les and from the northern lakes to the
mouth Of the mighty Father Of Waters.
But ell these varoas uses of our natural
resources are SO closely connected that
they should be co-ordinated, and should be
treated as part Of one coherent plan and
not IN haphazard and piecemeal fashion
TT is largely because OF this that 1 APP
pointed the waterways commission last
year and that have sought to perpetuate
its work. 1 wish to take this opportunity
to express in heartiet fashion my acl<nowl-
edgment to all the members of the com
mission. At great personal sacrifice Of
time and effort they have rendered a serv-
ice to the public for which we cannot be
too grateful Especial credit is due to the
initiative. the energy, the devotion to duty
and the ar-sightedness of clifford Pinchot
to whom we owe SO much of the progress
we have already made IN handling this
matter OF the coordination and conserva
ton Of natural resources. II 1t had not
been for him this convention neither would
nor could have been called
Right 70, Guard Resources.
I'VE are Ginning to recognize as never
before the right Of the nation to guard its
own future in the essential matter Of
natural RESOURCES In the past we have
admitted the right Of the Individual to in
jure the future of the republic for his own
present profit. The time has come for
change. AS people we have the right
and the duty, second to none other but
the right and duty OF obeying the moral
law, of requiring and doing justice, to
akg ,NraN
the wasteful development of our natural
resources. whether that waste is caused by
the actual destruction Of such resources or
by making them impossible Of development
hereafter.
ANY right thinking father earnestly de-
sires and strives to leave his son both an
untarnished name and a reasonable equip
ment for the struggle of life So this ma
ton as 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 TO- 1908, the supreme court
of Maine rendered an exceedingly impor-
tant judicial decision. This opinion was
rendered i'm response to questions to
the right of the legislature to restrict the
cutting of trees on private land for the
prevention of drouths and floods, the
preservation OF the natural water supply,
and the prevention of the erosion of such
lands, and the consequent filling up of
rivers. ponds and lakes. The forests and
water power OF Maine constitute the larger
part Of it's wealth and form the basis of
it's industrial life, and the question sub
mitted by the Maine senate to the supreme
court and the answer of the supreme court
alike bear testimony TO the wisdom of the
people Of Maine, and clearly define a
policy of conservation of natural resources,
the adoption of which is of vital i'm
portance not merely to Maine, but to the
whole country.
Heritage for POsterity.
'such a policy win preserve soil, forests,
water power as a heritage for the children
and the children's children of the men and
women OF this generationi for any enact
ment that provides for the wise utilization
of the forests, whether In public or private
ownership, and for, the conservation Of the
water resources OF the country, must nee
essarily be Legislation that viii promote
both private ana public welfare; for flood
prevention lwatef power Development
preservation of itlre soil. and improvement
of navigable TtyeTs are all promoted by
such policy of forest conservation.
"The opinion Of the Maine supreme bench
sets forth unequivocally the principle that
the property rights of the individual are
subordinate to the rights of the community,
and especially that the waste of wild tim
Der land derived originally from the state,
involving as it would the impoverishment
of the state and its people and thereby de-
feating one great purpose of government,
may properly be prevented by state re-
strictions.
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 in
crease, If the owners OF large tracts can
waste them at will without state restriction,
the state and its people may be helplessly
! impoverished and one great purpose Of gov
ernment defeated. We do not think
the proposed legislation would operate to
take private property within the inhibition
| of the constitution. While 1t 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 an
| ticipated profits and even thereby might
| cause him some loss of profit, 1t would
nevertheless leave him his lands, their pro-
duct and increase untouched, and without
diminution OF title. estate or quantity
| He would still have large measure Of con-
troll and large opportunity to realize values
! He might suffer delay but not deprivation
""' The proposed legislation - would
be within the legislative power and would
not operate as a taking Of private prop
erty for which compensation must be made.
other Court Decisions.
1.-The court Of errors and appeals Of New
Jersey has adopted a similar view, which
has recently been sustained by the supreme
court of the United States. In delivering
the opinion of the court on April 6, 1908
Mr.. Justice Holmes said: The state as
quasi-sovereign and representative of the
interests of the public has a standing in
court TO protect the atmosphere, the water
! and the forests within its territory, ire
| spective OF the assent or dissent of the
private owners of the land most Immediate
| ly concerned 1t appears to US
that few public interests are more obvious
indsputabls and independent OF particu'
lar theory than tine interest of the public
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