FORESTRY. 1469

An. Code, sec. 15. 1906, ch. 294.

15. All money received as penalties for violations of the provisions of
this article, less the cost of collection and not otherwise provided for,
together with any amount obtained from the State forest reserves, shall be
paid into the state treasury to the credit of the forest reserve fund, which
fund is hereby created; and the monies in said fund are hereby appropriated
for purposes of forest protection, management, replacement and extension,
under the direction of the state board of forestry.

Roadside Trees.

An. Code, sec. 15A. 1914, ch. 824.

16. The State Board of Forestry shall, in addition to the powers here-

tofore granted it, have the power to plant trees along the roadsides, to make

all rules and regulations governing their planting, to care for and protect

all roadside trees of this State, and to establish one or more State Forest

Nurseries for the propagation of trees for such roadside planting.

Act, 1914, ch. 824, held constitutional and valid. Purpose of said act. The require-
ment of a permit from board of forestry for trimming or removal of roadside trees,
so far as it affects proprietary rights, is a regulation merely and not a possible pro-
hibition. The authority of legislature to make reasonable provision for protection of
highway easements cannot be disputed. The Constitution does not prohibit the
delegation to a public board serving as a governmental agency of a function to
fix charges for inspection of conditions prior to issuance of permits and for subse-
quent supervision. Act of 1914 upheld under police power. C. & P. Tel. Co. v. Board
of Forestry, 125 Md. 666.

An. Code, sec. 15B. 1914, ch. 824.

17. Roadside trees as designated in this sub-title shall mean all trees
planted by the Forest Wardens; or existing trees three inches or more in
diameter measured two feet from the ground that may be growing within
the right of way of any public road or between the curb lines and property
lines of any street in an incorporated town in this State.

An. Code, sec. 15C. 1914, ch. 824.

18. When the County Commissioners or the Road Supervisors of any
County of this State, the State Roads Commission, the Town Council of
any city or incorporated town, or any organization or person shall apply to
the State Forester for the planting of trees or for the care and protection of
existing trees along a public road or street, and the State Forester deems an
examination necessary he shall instruct the local Forest Warden to examine
the situation where planting, care, or protection of trees is desired and to
report the conditions with his recommendations to the State Forester. If, in
the judgment of the State Forester, the planting of trees or the care or pro-
tection of existing trees is advisable, he shall submit a plan covering the
required operations with his recommendations and an estimate of the cost
of the work to the organization or person from which the application origi-
nated.