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.