LEGISLATION REGARDING THE PLANTING OF NUT AND OTHER FOOD PRODUCING TREES

Senator Harvey A. Penney, Saginaw, Michigan

I wish to express my hearty appreciation to your Association for the distinct honor of being invited to address your meeting upon the subject of "Legislation Regarding the Planting of Nut and Other Food Trees." I believe that my invitation came as a result of having been responsible for introducing a tree-planting bill in the Senate of the 1919 session of the Michigan State Legislature, and later in securing its passage.

This bill purported "to regulate the planting of ornamental, nut-bearing and other food-producing trees along the highways of the State of Michigan, or in public places, and for the maintenance, protection and care of such trees, and to provide a penalty for injury thereof, or for stealing the products thereof."

For several sessions of the Michigan Legislature prior to 1919, bills had been introduced intending to accomplish this result, but each time heretofore they have regularly failed to pass. This fate included one introduced by the writer during the session of 1917. I am now fully convinced that none of these bills, although a step in the right direction, seemed to provide the proper working machinery or necessary features to put them into practical operation, and hence did not appeal to the legislative committees, nor to the members of the several legislatures.

During the regular session of 1919, with the valuable assistance of Hon. W. S. Linton of Saginaw, a new bill was prepared providing an entirely new method of supplying and planting such trees, and for putting such a law into effective operation under the jurisdiction of the state. It was made to work in harmony with the rights of the property owner adjoining the highway, and with the duties of those state officials whose departments were perfectly adapted and equipped for putting the law into active operation.

I am going to attach an enrolled copy of the tree planting bill at the end of this paper, so that it may be made a part of the permanent records of the Association. It will therefore be unnecessary to give a detailed account of all the provisions contained therein.

I will, however, mention a few of the principal points so that you may understand its purpose. It provides that the Public Domain Commission which has charge of the state forest reserve lands and parks, together with the Michigan Agricultural College, are given authority to grow and acquire suitable seeds, scions or trees for planting under the provisions of this act. A department of the Agricultural College determines the kind of trees which are adapted or suitable for planting in different soils or places. In order to insure a uniform system of planting, this duty is left to the State Highway Commission and the State Board of Agriculture, acting jointly. The trees belong to the state, but the nuts or other products belong to the owner of the land adjoining the highway. A penalty is imposed if these trees are defaced with advertisements or signs, and neither can they be cut down or destroyed.

But just as you find legislatures differing in their opinions upon public matters, so you must expect them to differ more or less upon the feasibility of most any bill that is presented for their consideration. All kinds of arguments are made for and against any bill. I remember that one Senator in the committee thought that trees planted along the highways bearing nuts or fruit would constantly be subject to a lot of tampering and molestation by the traveling public. But another Senator came back with a reply that seemed to be very convincing, when he stated that he had a fine row of cherry trees growing along the front of his farm, and had never experienced any trouble of that kind from such a source.

I have always felt that if the merits of a good bill were properly explained to a legislature committee, there will be no hesitancy in having it favorably reported out and finally passed. I believe the legislature of 1919 took this view of the tree planting bill introduced by myself, as it was passed by both the Senate and the House, and later received the signature of Governor Sleeper, thus making it an established law of Michigan.

I must not forget to mention the fact that after this bill had been passed by the legislature and still needed the signature of the Governor to make it a law, a number of Michigan's representative and influential citizens wrote to Governor Sleeper, urging him to affix his signature thereto. Among those was Dr. J. H. Kellogg of Battle Creek, who has more than a nation-wide reputation in his profession and is at present a strong factor in the success of this association.

This law is intended not only to ornament the public highways of Michigan, but also to furnish nut bearing and other food-producing trees that should assist materially in the problems incident to the high cost of living. It would seem that such a law should be duplicated in every state where practicable, and also be promoted by the National Government upon National Highways.

The people of Michigan recently voted to amend the State Constitution so as to permit the issuance of $50,000,000.00 worth of bonds for the improvement of public highways. By the time that this large sum has been apportioned over a period of say ten years, and the road moneys furnished and expended during this time, as federal aid by the federal government, local counties and townships are added thereto, it has been estimated that the vast sum of nearly $200,000,000.00 will have been used solely for the improvement of our state highways.

With a wonderful highway system thus established, beautifully adorned by the state with nut-bearing and other trees, the roads of Michigan should become a great attraction in which our citizens would not only have a just pride, but serve as a model of excellence for the whole nation to imitate.

Mr. C. A. Reed: Mr. President, I would like to ask the Senator what danger there is likely to be in the protection of these trees when they are once planted. Is the tree going to have right of way, or is the telephone company going to have right of way in cutting out the top; or is a new bred consciousness going to have authority. If it is possible that the trees will be destroyed as many have been, perhaps the legislation may be changed in some way. Suppose we want to give them good care, what are we going to do?

Senator Penney: The law has a section in it providing for defacing and damaging the trees or cutting them down. I have a copy of the bill there. As my throat is in bad shape perhaps it might be well to have the secretary read the bill. It is not very long.

Mr. Linton: In this connection I would also ask for the reading of the bill by the secretary. This is a bill that may be copied by other states throughout the Union, and if there is any criticism that is just, in reason, for changing any of the features in the bill, they should be decided upon at this meeting or by a committee. Because a uniform bill throughout the country is really something desirable, I think, in connection with this legislation. And I would add further: Michigan does not have an entire monopoly of Highway legislation at the present time, but is in a prominent position in connection therewith. The chairman of the committee on post offices and post roads of the United States Senate is Senator Townsend, of this State. It is his bill that will cause the national highways to be constructed from ocean to ocean. Senator Townsend is one of our best beloved citizens; his heart is in this work; and I am sure from what I know of him (and he is a close friend of mine) that he will enter heartily into the spirit of embodying in national legislation something of the character that we have in state legislation in Michigan so that it may apply to the whole country as well. And for that reason I would like to have the bill read. It is a short one, and any additions or any amendments thereto I know will be gladly received by Senator Penny or myself.

Mr. Olcott: Mr. President, I think that is one of the most important subjects that can come before this Association; not only that, but the interest of every member should be enlisted particularly in this subject. The possibilities of the extension of that work are almost unlimited and directly in line with the objects of this organization.

President Reed: I am just wondering whether we would have time to have it read now, or postpone it to a little later. Dr. Kellogg is with us now.

Mr. Bixby: This bill is very short. (Read bill.)

Senate Bill No. 59 (File No. 150)Introduced by Senator Penney

STATE OF MICHIGAN

50th Legislature

Regular Session of 1919 SENATE ENROLLED ACT NO. 18

An act to regulate the planting of ornamental, nut bearing or other food producing trees along the highways of the State of Michigan, or in public places, and for the maintenance, protection and care of such trees and to provide a penalty for injury thereof, or for stealing the products thereof.

The People of the State of Michigan enact

Section 1. The State Highway Commissioner and the State Board of Agriculture, acting jointly hereunder, shall have authority and it shall be their duty to select and plant by seed, scions or otherwise, ornamental, nut bearing, or other food producing trees, (to be supplied by the Public Domain Commission, or the Michigan Agricultural College, as may be recommended or approved by the Division of Agriculture of said college,) suitable for shade trees, along the State trunk line highways and all other highways of the State of Michigan, upon which State reward has been paid or earned:

Provided, that in no case shall such trees be planted except by and with the consent of the owner of the property adjoining such highway. The State Highway Commissioner shall establish rules and regulations for uniform planting or proper placing of all trees under the provisions of this act, and all such trees shall belong to the State, but the products thereof shall belong to the owners of the adjacent land. Nothing herein contained shall authorize the State Highway Commissioner, or the State Board of Agriculture to cut down or interfere with shade trees now growing along any such highway, without permission in writing from the owner of the adjoining property. All expenses incurred in carrying out the provisions of this section shall be paid out of any moneys in the State highway fund that may be available therefor.

Section 2. Counties, townships, cities and villages may annually appropriate money to be used in planting, pruning and protecting, and whenever necessary in acquiring shade, nut bearing and ornamental trees to be placed along and within the respective limits of said municipalities. The expenditure of any such fund shall be vested in the highway commissioner in the case of county roads, and in the proper highway authorities of the city or village as the case may be.

Section 3. The owner of any real estate in the State of Michigan that borders upon a legal highway upon which State reward has not been paid, shall have the right to plant said approved ornamental, nut bearing, or other food producing trees along the line of said highway adjoining said land, and shall receive annually a credit of five cents upon his highway repair tax for each tree so planted by him and growing in good order, not less than six feet in height when planted and not less than twenty and not more than forty feet apart. All of said trees and their products shall belong to the owner of said land: Provided, that no bounty shall be paid or deduction allowed under the provision of this section upon any one tree or row of trees for a longer period than five years. The owner of such trees shall have the care thereof and shall have the duty and responsibility for the trimming, spraying and cultivation thereof.

Section 4. The Michigan Agricultural College and Public Domain Commission are hereby authorized to grow and acquire suitable seeds, scions or trees for planting under the provisions of this act, and to establish proper rules and regulations for distributing the same at nominal cost, or otherwise, to counties, townships, cities, villages, and citizens of the State for the aforesaid purpose, and also for State parks or other public places.

Section 5. It shall be unlawful to cut, destroy, injure, deface or break any ornamental, nut bearing, food producing or shade tree upon any public highway or place, except where such trees shall interfere with the proper construction or maintenance of such highways. It shall be unlawful to affix to any such tree any picture, announcement, play-bill, notice or advertisement, or to paint or mark such tree, except for the purpose of protecting it, or to negligently permit any animal to break down, injure or destroy any such tree within the limits of any public highway. Any person violating any of the provisions of this act shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than one dollar or more than twenty-five dollars, and in default of payment of any such fine may be imprisoned in the county jail for a period not exceeding thirty days. Such person shall be liable to the owner of the trees for treble the amount of damages sustained.

Luren D. Dickinson, Lieutenant Governor, President of the Senate. Tom Reed, Speaker of the House of Representatives.

Approved, March 28, 1919. Albert E. Sleeper, Governor.

Mr. C. A. Reed: Mr. Chairman, I move that before adjournment the chairman appoint a committee of three members of this association to carefully review this bill and either report in favor of any suggestions that they may wish to make in regard to its amendment or give approval of the bill as it stands.

Mr. Linton: I support the motion.

President Reed: It is moved and seconded that the chairman appoint a committee of three to carry out the recommendations. All in favor say Aye; contrary, No. It is Carried.

Senator Penney: That law is adjusted to the laws of Michigan and any other state proposed would have to adjust it to fit their laws.

President Reed: I would like to have Mr. C. A. Reed on that committee, Mr. Olcott and Dr. Morris.

C. A. Reed: Then, Mr. President, in addition to that we are going to take the liberty of adding an ex officio member, Mr. Littlepage, an ex-president and also a good thoroughgoing nut.

Mr. Jones: My understanding is the provision for six-ft. trees. Six foot nut trees unless they have been transplanted several times will hardly succeed. I would say use small trees along the highway.

President Reed: I think that would need to be worked out. I think a six foot tree is a little dangerous in some varieties. The committee might find it wise to offer some suggestions in that line.

Voice: If you plant a tree six feet high, you are sure of having a tree there.

President Reed: I believe Dr. Kellogg is about ready now, and we will hear from Dr. Kellogg whom you are all acquainted with.