Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-05-14

ed. We do mot tnlnK tne proposed
legislation would operate to take pri-
vate property within the inhibition of the
Constitution. While 1t might restrict the
owner of wild and uncultvated 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 loss of profit. it
would nevertheless leave 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 lie might suffer delay
but not deprivation. The proposed
legislation = would be within tine legis-
lative power ana would not operate rs a
taking of private property for which
compensation must be made"
The court of errors and apreals 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. 1905. Mr.. Justice Holmes said:
THE State as quasi-soverign and repre-
sentative of the interests of the public
has, q standing in court to protect the at
mosphere, the water, and the forests
within its territory, irrespective of the as
sent or dissent of the private owners of
the land most Immediately concerned. q
1t appears to us that few public inter-
ests are more obvious, indisputable and
independent of particular theory than the
interest of the public of a State tC main
tain the rivers that are wholly within it
substantially undiminished. except by
such drafts upon them as the guardian of
the public welfare may permit for the
purpose of turning them to q more per-
feet use. This public interest is omni-
present wherever there is a State, and
grows more pressing as population grows.
We are of opinion. further that the
constitutional power of the State to insist
that its natural advantages shall remain
unimpaired by its citizens is not depend
ent upon any nice estimate of the extent
of present use or speculation as to future
needs. The legal conception of tic neces-
saly is apt to be confined to somewhat
rudimentary wants, and there are benefits
from great river that might escape
lawyers view. But the State is not re-
quired to submit even to an aesthetic
analysis. Any analysis may be made
quate. 1t finds itself in possession of what
what it has it may keep and give no one
a reason for its will
These decisions reach the root of the
idea of conservation Of our resources in
the interests of our people.
Finally, let us remember that the con-
servation of our natural resources, though
the gravest problem of today, is yet but
part of another and greater problem to
oh to, l.
which it will awake in time. and with
which it 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 citi-
Zens, and the nation and the states in
their several spheres, to the highest pitch
of excellence in private, State, and ma
tonal life, and to do this because it is
the first of all the duties of true patriot
ism, then and not till then the future of
this nation, in quality and in time. will be
assured.
The Presidents speech occupied 10
minutes short of an hour. He was
cheered many times and when after
praising the work of the inland water
ways commission, he remarked pareh-
thetically:
The commission ought to be per-
petuated and if Congress does not see
fit to do so, I shall do it myself" The
gathering was fairly stampeded by APP
plause, shouts and laughter.
When the President had finished at
11.55 O'Clock, he suggested that at the
after-SeSSion, a committee on resOlu-
tions be appointed. Merely as sug-
gestion, he said, the following names
for this committee had been mentioned:
Governors Blanchard of Louisiana;
Fort Of New Jersey; Cutler OF Utah;
Davidson of Wisconsin and Ansel of
South Carolina After the President
had added that it might expedite the
work of the conference to have all sug-
gestions for action referred to this
committee, he yielded the floor to Gov
johnson of Minnesota, who moved that
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