The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1911-01-24
SCENIC BEAUTY DELIGHTFUL.

Supreme cour; Decision on Preserving
Towns f,atural Attractions.
Natural beauties of your town must
be preserved Il 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 towns growth. but which
really have been the means of making
town what II is. Don't rob a town
Of its old notwithstanding 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 II sheltered me.
And Il protect II now.
It may seem foolish for n person to
think of a tree in this way. II is not.
Just these tribes may be the means of
keeping many Of your townspeople
who have been born and raised In
your community at home-yes, be-
cause of fond memories. II land.
marks are ugly get to work and make
them presentable, but preserve them.
In Colorado recently the United
States circuit court handed down de-
cislon which forbade the spelling OF a
piece Of natural scenery for business
purposes.
The canyon and falls OF n stream
flowing from Pixies peak and the
luxuriant arboreal ard floral growth
promoted by the moisture Of tile 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 aud 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 rthe right TO divert the
unappropriated waters OF any natural
stream to beneficial uses" II could not
divert the waters Of this stream be-
cause they had already been appro-
priated to beneficial uses by the town
and were therefore no longer "unap-
propriated waters" The question was
whether the use OF the stream TO main
tain the falls, the verdure and the
beautiful scenery was beneficial use"
in the intent OF the constitution. and
this happily the court answered In the
Affirmative. II held that beneficial
use" was not necessarily agricultural
Industrial or commercial use. Said the
judge:
Public health Is a beneficial use. Res,
and recreation Is n beneficial use. and for
that purpose water II used 20 make beau
tiful lawns. shady avenues, attractive
homes and public parks with lakclcts md
streams and artificial scenic beauty
Parks and Fairgrounds and grass are
benefits and their uses beneficial. although
there il no pront derived from them The
world delights IN .senic beauty, but must
Il
| appraised cash value9 IL II therefore held
that tho maintenance OF tho vegetation
In Cascade creek by tho fiow and sccpag'
and mist and spray OF tho stream and ~
falls az Il passes through the canyon IL !
beneficial use Of such waters within th'
meaning OF the constitution.
Accordingly the waters Of The
stream were adjudgcd to have beer
already fully appropriated for bench
cial uses, and an injunction was ISSUED
against the Intended diversion Of then
for industrial purposes. That enllght
cned view Of the subject Is to be com
mended as n precedent wherever q
spot OF scenic beauty is threatened
with destruction for sordld purposes
The United states circuit court II
Colorado has adjudgcd beauty to b
useful and lovely scenery TO be bench
clal and therefore TO be entitled TO thu
full protection OF the law. the same Al
any other valuable asset In tha
Judgment there is cause for lovers o.
the beautiful to "thauk God aud TAKE
courage"