Mapedt a e dave a4 Sve fs -/'DePARTMENT OF AGRICULTURE. “Lv Forest Service, District No. 5. “"* «- ; . ~ cf "Ona Du Bors, District Forester. LAW ENFORCEMENT ON NATIONAL FORESTS, CALIFORNIA DISTRICT.’ These instructions are supplemental to the National Forest Trespass Manual. Copies are numbered and a record will be kept of all persons to whom copies are en- trusted. They must be kept confidential by all Forest officers. Much harm may result from unauthorized per- sons becoming conversant with our procedure in this work. Forest officers will be accountable for familiarity with these instructions and for action in accordance with them, The education of reliable short-term men in the searching for and preservation of clues is also desirable, since guards will often be first at the scene of a trespass, especially of fire. But this is most effective when done by oral expla- nation, supplemented by the mimeographed portion of these instructions, which will be provided. Only. in ex- ceptional cases should guards be given the complete instructions. DUTIES. GENERAL. Law enforcement, all along the line, is now a primary duty of all Forest officers. The special law enforcement work will be confined mostly to investigation and the work- ing up of its results for use in criminal court actions; but minor cases, in justice’s court, may have to be conducted by rangers or other investigators. ! Prepared under the direction of the District Forester by C. L. Hill, Forest examiner, assisted by C. V. Brereton, National Forest examiner. Legal phases prepared by, or with the collaboration of, H. P. Dechant and C, 8, Brothers, assistants to the solicitor. yk 2 NATIONAL FORESTS. Investigation.—In fire cases other than lightning fires, and in all other violations of laws or regulations applicable to the National Forests and properly subject to their inves- tigation, every special investigator and every district ranger, on his own district, will be expected to start, themselves or to make other provision for, an immediate investigation looking toward the detection and prosecu- tion (or other appropriate action) of those responsible for the offense, and to conduct this work with the best energy, knowledge, and skill at their command. Reports.—An informal report (verbal or written) of the occurrence of the offense shall be made, immediately on its discovery, or as soon thereafter as communication can be established or the work permits, to the supervisor of the Forest for hisinformation. Thisis especially necessary for decisions which he or the district forester may have to make respecting civil or administrative actions. Further reports shall be made as hereinafter provided (See pages 68 and 70) or as specially called for by superior officers. Assistance.—lf too many fires or other cases occur for a ranger to handle alone, or if difficult cases develop in which _ he desires assistance, the ranger on his Forest who attended the San Francisco conference, if there is one, may be called upon by the supervisor. If this is not possible, the super- visor may request from the district office the assignment of one of the special investigators, with headquarters at San Francisco, who will be available for such use. District rangers will thus be expected to use every possi- ble effort of their own in this work; but they should not hesitate for any reason, if they need it, to call for additional help. Constantly recurring fires or other offenses will indicate that local action must be stiffened or help requested. Supervision.—Supervisors will be responsible for the attitude of Forest officers to this work and for its vigorous prosecution on their Forests. Inspection and check must be maintained on the investigative work done by each man. Not every man is adapted to this work, and assignments to it should be subject to weeding. Investi- gative work should be judged on its merits; failure to convict may uo the the investigator’s fault. If a man ry, @f Me juL 21. {920 NATIONAL FORESTS. 3 fails to get results reasonably to be expected, it may be desirable to let him work on a case or two with a specialist or other experienced man before trying more cases alone, rather than to displace him. He should not usually be given charge of other cases until he has had such coaching. LINES OF WORK. Fires.—Law enforcement is concerned with man-caused fires. Until fires of unknown origin can be proved other- wise, they must be viewed as man caused, with respect to enforcement investigation. With respect to all such fires, the ranger has two duties: (1) To see that the fire is put out; (2) to see that every possible measure is taken to trace the author (or prove that the fire was not man caused). Investigation must be started even before suppression, in order that clues in the immediate vicinity of the fire may not be obliterated. But neither can suppression be neglected. This means that careful planning and schedul- ing of both lines of work with respect to all men who will be early on the scene of the fire will be necessary, first by the supervisor as a Forest policy, then by the ranger in charge of each district. Because investigation is new, and less well understood by the field men, its direction must be given special attention by all administrative officers, and fire plans must be so arranged as to permit pushing both lines of work simultaneously. Fire plans and organization must never keep the ranger sitting in the office as a dispatcher. Short-term men must be assigned with reference to the requirements of, and their capacity for, investigation, and should be instructed as provided on page 1 of this manual. Fish and game.—The new Regulation T-7a marks the entrance into our National Forest policy of a more vigorous attitude toward fish and game. These are now to be recognized as a national asset, which we are as bound to conserve on the National Forests as we are to conserve our timber or forage assets. The Forest Service policy regards use of such a resource which is consistent with maintenance of supply as legitimate, but as illegitimate any use in excess of that requirement, This raises en- 4 NATIONAL FORESTS. forcement of the fish and game laws and cooperation with State authorities in such enforcement from a matter of incidental good will to one of direct duty. The change in community sentiment which must be wrought to give thoroughgoing game law enforcement community sanction is more radical than that necessary in respect to fire; but a thorough understanding of and belief in the Service policy by every Forest officer will accomplish the result. Grazing.—Enforcement of grazing regulations has suf- fered in many cases from the same hesitancy in respect to community good will which affected fire-law enforce- ment prior to the push on the latter in 1918. But the better stockmen prefer a ranger who is able both to give them proper protection and to make them live up to the requirements of their permits. The fearless and impartial enforcement of grazing regulations may be expected to bring the same gains in community esteem, and confidence in our ability to administer the Forests, which are result- ing from fire-law enforcement. Grazing enforcement must bear upon cattle straying over allotment boundaries as well as upon sheep, and must not overlook violation of cattle-salting and sheep- bedding permit requirements. Much of this work is purely administrative and will not come to the law- enforcement investigator. But when grazing trespass is consistently gone after by all Forest officers, many unre- ported cases will probably develop, and may require investigative work. Investigations of grazing trespass must be particularly careful to obtain exact and, if possi- ble, first-hand facts with respect to numbers and owner- ship of stock in trespass, exact location with respect to boundaries of National Forest land, exact terms of permit violated, if any, and all other essential points. Other trespasses.—Timber, occupancy, property and other trespasses on the National Forests may require law- enforcement investigation. In timber trespass, however, the facts are usually plain, and action is seldom criminal. Law enforcement investigation, therefore, will seldom be required, unless the identity of the trespasser or the time and manner of committing the trespass are in doubt.. NATIONAL FORESTS. 5 Prevention.—In all law enforcement efforts we must not forget prevention propaganda. An ounce of prevention is still worth a pound of cure. We do not hold every stock- man to be an incendiary, nor must we let such an impres- sion arise. Warn them that we intend to catch every incendiary and punish him; but convey to stockmen and all other cooperators appreciation of good work done. Converse with campers, and use the occasion for friendly and unobtrusive warning of the danger with fire, and advice on how to avoid it. This will make us friends rather than enemies, and strengthen our position in every way. AUTHORITY. FEDERAL. Forest officers have authority, derived from Federal statutes, in enforcement of Federal laws, or regulations of the Department of Agriculture, upon National Forests. STATE, If they have State deputy fire warden and game warden appointment, they have, under the statutes of the State, the authority, protection and privileges of any peace officer of the State of California.? Deputy fish and game warden appointments also carry certain advantages with respect to fire law enforcement. (See wnder Search Warrants, p. 65.) All rangers should, therefore, be certain that they have deputy State fire warden and fish and game warden appointments.. If not, make request for them through the supervisor, Violations of law touching private rights in National Forest communities are not ordinarily subject to police action by Forest officers; but we have the right of any citizen to lay facts before the proper authorities, or to advise others how to doso. Action in the latter direction, however, obviously demands caution and judgment. ADVICE AND BACKING. When in doubt, especially on legal questions, ask for advice through the supervisor. Circumstances may th antl. LOGIT Sea Een DN 7 1S aaa Orbe RAD, Sa Bai, 2 Except that of arrest without warrant for offenses not committed in the officer’s presence, 6 NATIONAL FORESTS. sometimes require immediate action, and thus not permit delay for advice. When a ranger acts on the best judg- ment at his command, his actions and recommendations will be backed by the District Office. Legal help will be provided on request for conduct of all important court cases. LAWS AND REGULATIONS AND THEIR APPLI- CATION. A man can not know what he must prove unless he knows what constitutes a crime, according to the law in respect to the subject in hand. Where more than one course is possible, he must be able to advise intelligently what action should be taken. He should also have a reasonable degree of familiarity with what is acceptable in court as evidence, how it must be prepared and presented, and just what he can and can not do in dealing with sus- pects and trespassers. Even though he does not conduct the case in court the investigator will find this knowledge useful, from his interpretation and use of his first clue onward. The amateur detective fails more often on ac- count of lack at this point than at any other, except perhaps the possession of the fundamental investigative type of mind. FIRE. FEDERAL FIRE LAW. The Federal fire law, Act of March 4, 1909 bs" Stat., 1098) is as follows: Section 52. Whoever shall willfully set on fire, or cause to be set on fire, any timber, underbrush, or grass upon the public domain, or shall leave or suffer fire to burn unattended near any timber or other inflammable material, shall be fined not more than five thousand dollars, or imprisoned not more than two years, or both. Section 53. Whoever shall build a fire in or near any forest, timber, or other inflammable material upon the public domain shall, before leaving said fire, totally extin- euish the same; and whoever shall fail to do so shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. NATIONAL FORESTS. i This law thus defines the following offenses: 1, Willfully setting on fire timber, etc., wpon the public domain. 2. Willfully causing to be set on fire timber, etc., upon the public domain. 3. Leaving a fire or allowing one to burn unattended near any timber or other inflammable material on the public domain. 4, Building a fire in or near any forest, etc., upon the public domain and leaving it without totally extinguish- ing it. SUPPLEMENTARY FEDERAL STATUTES. Conspiracy.—The act of March 4, 1909 (35 Stat., 1096) defines the offense of conspiracy as follows: Secrion 37. If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be fined not more than ten thousand dollars, or imprisoned not more than two years, or both. It will be seen that conspiracy involves premeditation, to which more than one person is a party. An overt act is also necessary to complete the offense of conspiracy; but it is not necessary that the act be consummated. For example, going on to a National Forest to set a fire in ac- cordance with a conspiracy so to do, if this can be proven, is sufficient, even though the conspirators were later fright- ened away and did not setit. It will be observed that the penalties for the offense of conspiracy may be greater than for a violation of the Federal fire laws, which the conspi- racy may have aimed to commit. Liability for a conspir- acy to commit an offense against the United States can not be escaped because the conspirator has actually committed the substantive offense at which the conspiracy aimed. Moreover, all the conspirators to a crime are liable, even though only a part of them participated in its actual com- mission. The value of the conspiracy law lies in its in- clusive sweep as to offenders under its terms and its heavy penalties in the aggravated cases which conspiracy usually involves. 8 NATIONAL FORESTS. Perjury.—The act of March 4, 1909 (35 Stat. 1088) pro- vides as follows: SEcTION 125. Whoever, having taken an oath before a competent tribunal, officer, or person, In any case in which a law of the United States authorizes an oath to be admin- istered that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition or certificate by him subscribed is true, shall wilfully or con- trary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and imprisoned not more than five years. Section 126. Whoever shall procure another to commit -any perjury is guilty of subornation of perjury, and pun- ishable as in the preceding section prescribed. This statute is often of great usefulness in dealing with a recalcitrant suspect, even though its specific action be not invoked. (See p. 55.) FIRE REGULATIONS OF DEPARTMENT OF AGRICULTURE. Under the acts of June 4, 1897 (30 Stat., 11) and Feb- ruary 1, 1905 (33 Stat., 628) the Secretary of Agriculture is authorized to make rules and regulations to preserve the National Forests from destruction, and any violation of such rules and regulations is punishable by a fine of not more than $500, or imprisonment for not more than 12 months, or both, as provided for in the act of June 4, 1888 (25 Stat., 166). Regulation T-1 provides as follows: Rea. T-1. The following acts are prohibited on lands of the United States within National Forests: (A) Setting on fire or causing to be set on fire any tim- ber, brush, or grass, except as authorized by a Forest officer. (B) Building a camp fire in leaves, rotten wood, or other places where it is likely to spread, or against large or hollow logs or stumps, where it is difficult to extinguish it com- pletely. (C) Building a camp fire in a dangerous place, or during windy weather, without confining it to holes or cleared ‘spaces from which all vegetable matter has been removed. (D) Leaving a camp fire without completely extin- guishing it. (E) Building a camp fire on the Angeles National Forest and those portions of the Cleveland and Santa Barbara NATIONAL FORESTS. 9 National Forests which have been designated by the re- spective supervisors thereof without first obtaining a per- mit from a Forest officer. (F) Using steam engines or steam locomotives in opera- tions on National Forest lands under any timber sale con- tract or under any permit, unless they are equipped with such spark arresters as shall be approved by the Forest Supervisor, or unless oil is used exclusively for fuel. (G) Disturbing, molesting, interfering with by intimi- dation, threats, assault or otherwise, any person engaged in the protection and preservation of the forests from destruc- tion, including fire fighting, cutting and removing dead insect-infested or diseased timber, clearing the land of inflammable material of any kind, or doing or making preparation to do these or other acts necessary for the pro- tection and preservation of a National Forest. It will be seen that, by the penalties above prescribed, offenses under sections 52, 125, and 126, are felonies, while those under section 53 and the departmental regulations are misdemeanors. FEDERAL JUDICIAL INTERPRETATIONS. The offense of setting fire to timber, etc., on the public domain may be committed, even if the fire is started on adjoining private land. Judge Wellborn, United States District Court for Southern California, in his charge to the jury in the case of United States v. Henry Clay (fire trespass on the Cleveland National Forest) stated as follows: “You are further charged that it is immaterial whether the fire of October 19, 1909, mentioned in this indictment, originated on private land, if it was set willfully, and if, in the course of nature and in view of all the surroundings, the said fire would reasonably be expected to be com- municated to the public domain. A man has no lawful right to set fire to his own property, if he has reason to believe or intends that such fire will be communicated to the property of others and destroy it.’’ With respect to the meaning of the word “willful” in section 52, above quoted, Judge Whitson’s instructions, (U. 8. Dist. Court for Colorado) to the jury in the case of United States v. Fisher (fire trespass on the Colville Na- tional Forest) were as follows: 10 NATIONAL FORESTS. ‘And, as to the third count, whether he wilfully set on fire or caused to be set on fire the timber, slashings, or grass there growing. It is charged in the third count that the act was maliciously done; but it is not necessary, under the statute, that malice be shown. It is necessary to show that the act must have been wilful; that is, inten- tional. Not with intent, however, to burn the public do- main, and destroy property, but purposely built the fire or purposely left it unattended or purposely failed to ex- tinguish it. The purpose does not apply to the result, but the acts charged, for one wilfully, knowingly doing an act is presumed to intend the consequences which natur- ally may be expected to flow from such an act.”’ STATE FIRE LAW. The California State law relating to forest fires (sec. 384 of the Penal Code as amended by the 1919 session of the legislature) provides as follows: Any person who shall wilfully or negligently commit any of the acts hereinafter enumerated in this section shall be guilty of a misdemeanor, and, upon conviction thereof, be punishable by a fine of not less than fifty nor more than five hundred dollars, or imprisonment in the county jail not less than fifteen days nor more than six months, or both such fine and imprisonment, except that in the case of an offense against subsection five of this sec- tion, the fine imposed may be not less than ten dollars. 1. Setting fire, or causing or procuring fire to be set to any forest, brush or other inflammable vegetation growing on lands not his own, without the permission of the owner of such land; provided, that no person shall be convicted under this section who shall have set, in good faith and with reasonable care, a back fire for the purpose of stop- ping the progress of a fire then actually burning. 2. Allowing fires to escape from the control of the per- sons having charge thereof, or to spread to the lands of any person other than the builder of such fire without using every reasonable and proper precaution to prevent such fire from escaping. 3. Burning brush, stumps, logs, rubbish, fallen timber, fallows, grass or stubble, or blasting with dynamite, pow- der or other explosives, or setting off fireworks, whether on his own land or that of another, without taking every proper and reasonable precaution both before the hghting of said fire and at all times thereafter to prevent the escape thereof; provided, that any fire warden may, at his dis- cretion, give a written permit to any person desiring to burn or blast as aforesaid; such permit shall contain such rules and regulations for the building and management of NATIONAL FORESTS. 11 such fires as the State board of forestry may from time to time prescribe; and in any prosecution under this sub- section, it shall be prima facie evidence that the defendant has taken proper and reasonable precautions to prevent the escape of such fire, when he shall show that he has received such a permit and has complied with all the rules and regu- lations therein prescribed. 4. Using any logging locomotive, donkey or threshing engine or any other engine or boiler, in or near any forest, brush, grass, grain or stubble land, unless he shall prove upon the trial, affirmatively, that such engines or boilers used by him were provided with adequate devices to pre- vent the escape of fire or sparks from smokestacks, ash pans, fire boxes, or other parts, and that he has used every reasonable precaution to prevent the causing of fire thereby. 4a. Harvesting grain or causing grain to be harvested by means of a combined harvester, header, or stationary threshing machine, or bailing hay by means of a hay press, unless he shall keep at all times in convenient places upon each said combined harvester, header, or stationary thresh- ing machine, or hay press, fully equipped and ready for immediate use, two suitable chemical fire extinguishers, approved by the Underwriters’ laboratories, each of the capacity of not less than two and one-half gallons. 4b. Operating or causing to be operated any gas tractor, oil-burning engine, gas-propelled harvesting machine or auto truck in harvesting or moving grain or hay, or moving said tractor, engine, machine or auto truck in or near any grain or grass lands, unless he shall maintain attached to the exhaust on said gas tractor, oil-burning engine or gas- propelled harvesting machine, an effective spark-arresting and burning carbon-arresting device. ~ 5. Refusing or failing to render assistance in combating fires at the summons of any fire warden unless prevented by good and sufficient reasons. 6. Leaving a camp fire burning or unextinguished with- out some person in attendance, or allowing such fire to spread after being built. 7. The provisions of this section shall not apply to the setting of fire on lands within any municipal corporation of the State. The State law thus defines the following offenses: 1. (a) Setting fire to any forest, etc., growing on lands not his own without permission of the owner of such land. (b) Causing fire to be set to any forest, etc., on lands not his own without permission of the owner. (c) No person shall be convicted of offenses ‘‘a”’ or **h’? who shall have set a back fire in good faith to check a fire already burning. ? 12 NATIONAL FORESTS. 2. (a) Allowing fires to escape from control to the lands of another person without using every reasonable pre- caution to prevent such escape. (b) Allowing fires to spread to the lands of another person. 3. (a) Burning brush, etc., on his own land without tak- ing every reasonable precaution to prevent the escape of fire. (b) Blasting with dynamite, etc., in forest or brush- covered land, either his own or the property of another, without taking every reasonable precaution to prevent the escape of fire. (c) Burning permit and compliance with the regula- tions contained therein shall be prima facie evidence of reasonable and proper precaution to prevent the escape of the fire. 4, (a) Subsection 4 puts the burden of proof on any per- son using any engine or boiler in or near any forest, brush or grass land to show that such engine or boiler was pro- vided with adequate devices to prevent the escape of fire or sparks, and that he has used every reasonable precau- tion to prevent the causing of fires thereby. (b) (Subsection 4a) The use of grain harvesters, headers or thrashing machines, or hay presses, unless they are equip- ped with approved fire extinguishers. (c) (Subsection 4b) The operation of gas-propelled trac- tors, harvesting machines, or auto trucks, or other oil-burn- ing engines, without effective spark and burning carbon arresting equipment. (d) The moving of any such machines or engines in or near any grass or grain land without such equipment. 5. (a) Refusing or failing to render assistance in com- bating fires at the summons of a fire warden unless pre- vented by good and sufficient reasons. 6. (a) Leaving a fire unextinguished on departing from amp. (b) Allowing a camp fire to spread after building. STATE LAW INTERPRETATIONS, ETC. Under current judicial interpretations and the attitude of juries, 1t has been impossible, despite the apparent wording of the law, to convict a man for setting a fire on his own land, if it does not spread to other land, whether he has taken any precautions to prevent such spread or not. Nor, for the same reasons, has any one been prosecuted successfully for failure to prevent the spread from his own land to that of another, of fire for whose origin he is not himself responsible. However, it is believed that a civil NATIONAL FORESTS. 13 damage suit can in such cases be maintained and a test case will be made of the first one in which the damage war- rants and the trespasser has sufficient assets to satisfy a judgment, if obtained. It will also be observed that (except under voluntary agreements, such as our National Forest cooperative fire associations) a man can not in this State be required to obtain a permit for setting fire on his own land, a former California law to this effect having been declared uncon- stitutional. The possession of such a permit and compli- ance with its terms, according to the law,-constitutes only a protection to burners on their own land, of which they may avail themselves against criminal prosecution for the possible escape of fire to the land of another. Forest officers have no jurisdiction over fires wholly on Indian reservations. But Indians setting fires or causing fires to be set, whether on reservations or not, which fires spread to National Forest lands, are subject to the above laws in respect to those offenses. If it is desired to arrest an Indian on a reservation for such a fire, this should be done through the Indian Agent. It is doubtful if there is statute authority by which an officer can commandeer property, such as an automobile, along with the personal assistance required by the State fire law, either in pursuing a criminal or in fighting fire. Such action, which is common by city police, may get by; but it probably could be called, if the citizen knew his rights. CIVIL LAWS. The civil laws are too voluminous for reproduction here, and their application is too complex to be attempted by a layman. It is of sufficient importance for note here, how- ever, that chapter 264, California Laws of 1905, as revised in 1919, gives to the United States the right, heretofore limited to the State and counties, of recovery in a civil action of double the damages sustained from man-caused fires, if the fires occurred through willfulness, malice, or negligence, as well as the actual damage if the fires occur- red or escaped accidentally or unavoidably, and the full cost incurred in fighting any such fires. 14 NATIONAL FORESTS. In order that we may be able to hold for costs or damages, in a civil action, an owner of land on which a fire is burn- ing, in event of the escape or spread of the fire to National Forest land, the following things must be observed at the time of the fire: 1. The owner must be notified of the existence of fire on his land, together with its size and degree of danger, and the nature and probable cost of the measures required to combat it. 2. This notification must be in time to give him reason- able opportunity to take the required action before it spreads to National Forest land. 3. If he then takes measures which are not adequate, . we must be able to prove, both that they were in fact in- adequate, and that he was informed what measures would be adequate and necessary. 4. No action must be taken by the Forest Service to fight such a fire, before it has spread to National Forest land, until the owner has commenced action on it, or has had a reasonable time in which to do so. It should be noted that the above has no reference to criminal prosecutions. DECIDING ON THE PROPER COURSE OF ACTION. In respect to trespasses there are, in general, the follow- ing possible actions: A. Legal. 1. Criminal. a. State. b. Federal. 2. Civil (costs, damages, injunctions, etc.); always Federal, so far as concerns National Forests. B. Administrative: Revoking of permits or refusal of new ones, cancellation of priorities or reduction of numbers (in grazing permits), etc. In cases of willful fires, criminal action is mandatory, whenever evidence can be secured sufficient to sustain it, and is usually so in the case of negligent fires originating on the National Forests. And the effort to secure such evidence is equally mandatory. Criminal action may also be desirable in many other cases. NATIONAL FORESTS. 15 Whenever substantial damage has resulted to the Na- tional Forest, however, the desirability of instituting civil suit must be considered; and if the trespasser is a Forest user, whether administrative action shall be taken. In some cases civil or administrative action may be in addi- tion to criminal action; in others an alternative to the latter. Damage suits are only of value when the trespasser has sufficient assets to satisfy a judgment, if obtained. Decision in respect to civil or administrative action lies with the supervisor or district forester. The trespass investigator must bear these facts in mind and make report on Form 856 to the supervisor immedi- ately, or as soon as necessary data can be obtained, in all cases where civil or administrative action may be a possibility, in accordance with the National Forest Trespass Manual. In all cases involving criminal responsibility, however, he must protect his own work by proceeding with his investigation, pending further instructions, as energetically as if no other action were possible. Criminal action.—Actions brought under’ Federal statutes, or regulations of the Department of Agriculture, must be brought in Federal courts, and those under State statutes in State courts. For example, the offenses of allowing fires to escape from the control of the person having charge, or of allow- ing fires to spread to the lands of another person without using every reasonable and proper precaution to prevent such escape, should be taken up under the State law, since the Federal law and regulations do not include them. This restriction would not be true, however, if the fire was willfully set with the purpose of communicating it to other land. When it can be proved that fires set on a National Forest were prearranged by two or more persons, prosecution is also possible in the Federal courts on the felony charge of conspiracy, under section 37 of 35 Stat., 1096, cited above.