Courier Democrat. (Langdon, N.D.) 1891-1920, 1911-01-05
SCENIC BEAUTY DELIGHTFUL.
Supreme Court Decision on Preserving
Towns Natural Attractions.

Natural beauties Of your town must
be preserved. 1t is nature that sug-
gests and we who follow. Therefore
we must keep intact any beautiful nat
ural scenes which may seem to get in
the way of Il towns growth. but which
really have been the mean Of making
q town what it is. Don't rob a town
of it's old Misunderstanding dear to
the memories of many of the inhabit-
ants. just this inspired the beautiful
lines:
Woodman, spare that tree!
Touch not a single bough.
In youth it sheltered me,
And Ill protect it now.
1t may seem foolish for a person to
think of a tree in this way. 1t is not.
Just these trifes may be the means of
keeping many of your to%wnspeople
who have been born and raised in
your community at home-yes, be-
cause of fond memories. If land
marks are ugly get to work and make
them presentable, but preserve them.
In Colorado recently the United
States circuit our handed down a de-
cision which forbade the spelling Of a
piece of natural scenery for business
purposes.
The canyon and falls of a stream
flowing from Pixies peak and the
luXuriant arboreal and floral growth
promoted by the moisture of the spray
from the falls constitute one of the
chief. charms of the adjacent town. A
commercial company purposed to take
for its uses the stream above the falls,
making the latter dry and transform
ing consequently the now verdurous
canyon into an arid and sterile waste.
The town brought suit to prevent this
and won.
The town argued that, while the de-
PENDANT company had under the state
constitution 1.-The right to divert the
unappropriated waters Of any natural
stream to beneficial uses" it could not
divert the waters Of this stream be-
aus they had already been appro-
priated to beneficial uses by the town
and We're therefore no longer "unap-
propriated waters The question was
whether the ute Of the stream to main
tain the falls, the verdure and the
beautiful scenery was a beneficial use'
in the intent Of the constitution, and
this happily the court answered in the
affirmative. 1t held that beneficial
use" was not necessarily agricultural,
Industrial or commercial use. Said the
judge:
Public health is a beneficial use. Rest
nj recreation is a beneficial use, and for
that purpose water is used to make beau
tiful lawns, shady n attractive
homes and public parks with lakelets and
streams and artificial scenic beauty.
Parks and Fairgrounds and grass are
benefits n their uses beneficial, although
there is no profit derived from them. The
world delights in scenic beauty. but must
scenic beauty disappear because 1t has no
appraised cash value? 1t is therefore held
that the maintenance of the vegetation
in Cascade creek by the flow and seepage
and mist and spray of the stream and its
falls as it passes through the canyon is a
beneficial use of such waters within the
meaning OF the constitution.
Accordingly the waters Of the
stream were adjudged to have been
already fully appropriated for beneh-
cial uses. and an injunction was issued
against the intended diversion Of them
for industrial purposes. That enlight
ened view Of the subject 10 to be com
: ea<ss-~~-~ssps