FORESTRY 1687

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 delega-
tion 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 subsequent supervision.
Act of 1914 upheld under police power. C. & P. Tel. Co. v. Board of Forestry, 125 Md.
666.

An. Code, 1924, sec. 17. 1912, 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, 1924, sec. 18. 1912, see. 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
originated.

An. Code, 1924, sec. 19. 1912, sec. 15D. 1914, ch. 824.

19. No plan of planting or care of roadside trees shall become operative
under this Section until such plan has been approved by the organization
or person making the application and not until the said organization or
person shall guarantee to the State Forester the cost of the work, in which
the said organization or person may stipulate a maximum amount that it
or he will guarantee. Upon proper assurance that such a guarantee has
been given, and the planting of trees is desired, the State Forester shall
furnish to the local Forest Warden the trees for planting from any available
stock in a State Forest Nursery or elsewhere. If the planting of trees is not
required, but it is desired to trim, spray, or otherwise care for existing trees
along the portion of the roadside or street for which a plan has been ap-
proved by the State Forester and accepted by such organization or person,
the Forest Warden shall proceed with the work in accordance with such
plans, at such time, and in such manner as in his judgment will be most
practicable, but in executing such plans he shall work under the direction
of the State Forester. When there exists an officer in any city or incor-
porated town who has been appointed for the specific purpose of planting
and caring for trees along roads or streets, he shall be eligible for appoint-
ment as Forest Warden in carrying out the provisions of this sub-title.