Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-03-14
Opinion of the Court.
State of Maine.

Ill SeHdle, 1Ju1'
Ordered that the justices of the su-
preme judicial court are hereby re-
quested to give to the Senate, accord
ing to the provisions of the constitution
in this behalf, their opinion on the fol-
lowing questions, to wit:
In order to promote the common well
fare of the people of Maine by prevent
ing or diminishing injurious droughts
and freshets, and by protecting, pre-
serving and maintaining the natural
water supply of the springs, streams,
ponds and lakes and of the land, and by
preventing or diminishing injurious
erosion of the land and the filling up of
the rivers, ponds and lakes, and as all
efficient means necessary to this end,
mas the legislature power under the
constitution.
|. by public general law to regulate
or restrict the cutting or destruction
of trees growing on wild or unculti-
waited land by the owner thereof with
out compensation therefor to such
owner.
3. To prohibit. restrict or regulate
the wanton, wasteful or unnecessary
cutting or destruction of small trees
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 that
for immediate cutting, and such trees
are not intended or sought to be cut
for the purpose of clearing and i'm
proving such land for use or occupa-
=; 10,
manufacturing or business or for
pleasure purposes or for building
site; or
3. In such manner to regulate or re-
strict the cutting or destruction of
trees growing on wild or uncultivated
lands by the owners thereof as to pre-
serve or enhance the value Of such
lands and trees thereon and protect
and promote the interests of such own
ers and the common welfare of the
people?
4. Is such regulation of the control,
management or use of provate proper
ty taking thereof for public uses for
which compression must be made?
To the President of the Senate:
Tie undersigned justices, in obedi
ence to the requirement of the Consti-
tuition, severally give the following as
their advisory opinion upon the ques-
tons of law submitted to the justices
of the supreme judicial court by the
Senate order Of March 81, 1907:
We find that the Legislature has By
the Constitution "full power to make
and establish all reasonable laws and
regulations for the defence and bene-
fit of the people of this State, not re-
pugrant to this Constitution. nor that
of the United States. Constitution of
Maine. Art. ", Part III, Section l. 1t
is for the Legislature to determine
from time to time the occasion and
| what laws and regulations are neces-
| sary or expedient for the defence and
benefit of the people; and however in
| convenienced, restricted or even dam
| aged particular persons and corpora
tons may he, such general laws and
regulations are to be held valid unless
there can be pointed out some provi-
sion in the State or United States Con-
! stitution which clearly prohibits them
Those we understand to be universal
ly accepted principles Of constitutional
law.
AS to the proposed laws and regula-
tions named in the Senate order, the
only provision Of the United States
Constitution having any possible appli-
cation to such legislation by State
would seem to be that in XVIII
amendment. As to that provision, we
think it sufficient to quote the language
OF the United States supreme court in
BARBER VS.. Connolly. lis L. S 81.
where, speaking of the XIVth amend
ment, the court said: "But neither the
amendment, broad and comprehensive
as It is. nor any other amendment was
designed to interfere with the power
OF a state. sometimes termed its DO
lice power to prescribe regulations to
y