Post 24808
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The courts have recently expressed definite and advanced views concerning scenic beauty. In Colorado, where water has a high economic value, a United States Circuit Court recently decided that the beneficial use of a stream was not necessarily an agricultural, industrial, or commercial use, and that, as a part of the scenery, it was being beneficially used for the general welfare. The question was whether the waters of a stream, which in the way of a lakelet and a waterfall were among the attractions of a summer resort, could be diverted to the detriment of the falls and used for power. The judge said “No,” because the waters as used, were contributing toward the promotion of the public health, rest, and recreation; and that as an object of beauty–“just to be looked at”–they were not running to waste but were in beneficial use. He held that objects of beauty have an important place in our lives and that these objects should not be destroyed because they are without assessable value. The judge, Robert E. Lewis, said in part:–
“It is a beneficial use to the weary that they, ailing and feeble, can have the wild beauties of Nature placed at their convenient disposal. Is a piece of canvas valuable only for a tentfly, but worthless as a painting? Is a block of stone beneficially used when put into the walls of a dam, and not beneficially used when carved into a piece of statuary? Is the test dollars, or has beauty of scenery, rest, recreation, health and enjoyment something to do with it? Is there no beneficial use except that which is purely commercial?” This decision is epoch-marking.
Taken as a whole, our National Parks and Monuments and our unreserved scenic places may be described as an undeveloped scenic resource of enormous potential value. These places should be developed as parks and their resources used exclusively for recreation purposes. Thus used, they would help all interests and reach all people. South America, Switzerland, Canada, and other countries are making intensified and splendid use of their parks by reserving that wild scenic beauty which appeals to all the world.