United States Supreme Court Cases & Opinions

U.S. Supreme Court

Perley v. North Carolina, 249 U.S. 510 (1919)

Perley v. North Carolina

No. 251

Submitted March 19, 1919

Decided April 21, 1919

249 U.S. 510

Syllabus

To protect the watersheds held by cities for supplying water to their inhabitants from danger by fire is a governmental purpose, in the execution of which it is not arbitrary for a state, where there is reasonable apprehension of the danger, to require the owners of timber, upon cutting or removing it from land near to such watersheds (in this case within 400 feet), to remove or cause to be burned under proper supervision, the tops, etc., not desired to be taken for commercial or other purposes. P. 249 U. S. 513.

Page 249 U. S. 511

Mere assertion that the presence of such refuse would be harmless, not a nuisance, etc., held not to countervail the judgment of the state court, the legislative judgment implied in the act making the requirement, and common experience as to the danger of fire spreading from such accumulations. Id.

A statute making this requirement of individuals in favor of municipalities does not deny equal protection of the law in failing to make similar requirement of municipalities for the protection of individuals. P. 249 U. S. 514.

173 N.Car. 783 affirmed.

The case is stated in the opinion.

Page 249 U. S. 512