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THE DEVELOPMENT
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FOREST LAW IN AMERICA

A Historical Presentation of the Successive Enactments,
by the Legislatures of the Forty-eight States of the
American Union and by the Federal Congress,
Directed to the Conservation and Adminis-
tration of Forest Resources.

BY

J. P KINNEY, A.B., LL.B., M. F.

Chief Supervisor of Forests, United States Indian Service

FIRST EDITION

NEW YORK :
JOHN WILEY & Sons, INc.
LONDON :
CHAPMAN & Haut, LIMITED
1917

Copyright, 1917,
' By
J. P Kinney

SEP 24 1917

a
Press of
THE ARTHUR H. Crist Co.,
} : Cooperstown, N. Y.

©c1A473638

TO THR MEMORY OF

HARRY DAY EVERETT

A CAPABLE FORESTER, A FAITHFUL FRIEND AND AN
ARDENTLY LOYAL AMERICAN, THROUGH WHOSE EX-
CEPTIONAL ABILITY AND ZEALOUS DEVOTION THE
CAUSE OF FORESTRY MIGHT HAVE GAINED MUCH
BUT FOR HIS UNTIMELY AND TRAGIC DEATH IN THE
PHILIPPINE FOREST SERVICE.

THIS BOOK IS DEDICATED

Preface

In the year 1773 A. D. there was published at Newbern,
North Carolina, a book bearing the title, ‘““A Complete
Revisal of all the Acts of Assembly of the Province of
North Carolina now in force and use.”

In dedicating this work to Josiah Martin, Governor of
the Province of North Carolina at that time, James Davis,
the author of the book, said: “The first edition of a Revisal
of our laws being long since sold off, and a great length of
Time elapsing since that Work was finished, they are now
unavoidably thrown into as great perplexity as ever; as in
a young and flourishing Country like this, the Face of
Affairs must necessarily change with the Accession of
Peoples, and their Application to Industry, and almost
every Session of Assembly cause a Mutability in our Laws,
according as phe Jnvernal Policy and Regulations of the
Province require.’

Although the charter to the BEE Tore of Carolina had
been granted on March 24, 1663 by Charles II of England
and settlement had been established within the boundaries
of the present state of North Carolina soon afterward, the
total population of both North and South Carolina at the
close of the seventeenth century has been estimated by
competent authority to have been only eight thousand
souls, 1! and when the revisal of the laws of the royal pro-
vince (established in 1692) was published in 1773, the total
population of North Carolina, both white and colored,
could not have been more than three hundred and seventy-
five thousand, or less than one-sixth of its population in
1916.2, Yet with this comparatively small population and

History of the United States, Bancroft, (authors last revision) Vol. 2, and p. 608.
Ce See a Century of Population Growth in the United States (1790- 1900), Goreue
ment Printing Office, Wash., D. C. 1909. table 105, p. 205, giving the total pop-
ulation of North Carolina in 1790 as 395,000.

Vv

VI FOREST LAW IN AMERICA

with a social and industrial organization that we cannot,
from the standpoint of the twentieth century, consider
other than extremely simple, Mr. Davis found legislative
innovations so frequent as to make it difficult to trace the
thread of the law through a few decades in his own state.

Reference has been made to the perplexities of this pre-
Revolutionary compiler of the laws of North Carolina only
for the purpose of illustrating the character of the difficul-
ties that have been encountered by the author in attempt-
ing to trace through approximately three centuries the
development of forest legislation in America and with the
aim of thus obtaining from the reader a tolerant consider-
ation of the imperfections of the present work. Previous
to 1773 a number of the English colonies and provinces
had developed a more extensive body of laws than North
Carolina and subsequent to that time the expansion of
the thirteen sparsely populated and undeveloped colonies
into a nation of forty-eight sovereign states, each having
an independent legislative authority, has resulted in the
accumulation of a mass of forest law that the writer found
truly formidable. ;

In an earlier publication! the author presented the
development of legislation regarding forest subjects enacted
in the English colonies, and provinees and in the thirteen
American states under the Articles of Confederation; and
in a book which was largely written contemporaneously
with this volume he has discussed in a cursory manner the
development, subsequent to the adoption of the Federal
Constitution, of legislation directed to the regulation of
timber inspection and of the transportation of timber pro-
ducts on inland waters. The writer at one time con-
templated the tracing of the development of timber tres-
pass legislation; but, after going over the field generally
and gathering a large amount of material, he reached the
conclusion that such a discussion could not be fittingly
incorporated either in the book previously published or

1. Forest Legislation in America Prior to March 4, 1789, (published by Cornell Uni-
versity, Ithaca, N. Y. as Agricultural Experiment Station Bulletin No. 370,
January, 1916.

2. The Essentials of American Timber Law, Chapters XIII and XIV.

PREFACE VII

in the present volume. For the period prior to 1789 the
development of timber trespass legislation has been thor-
oughly covered in the bulletin above mentioned. Subse-
quent to 1789 many timber trespass laws have been en-
acted in the original thirteen states and such laws may be
found among the earlier enactments of every territory and
state, with frequent modifications in many jurisdictions.
However, these enactments have all exhibited a remark-
able similarity, the variations consisting in unimportant
detail rather than in principle. Practically all of these
statutes have been directed solely to the protection of
property interests, either public or private, and thus have
little bearing upon the development of a state forest policy.

The writer has sought to confine this work to a logical
presentation of the chronological development of legisla-
tion that was directed to the preservation of existing for-
est resources, the reforestation of cut-over or burned over
areas, the extension of forest areas and the systematic
management of forests for productive purposes. In doing
this it has seemed advisable, for the sake of completeness,
to include references to a number of laws regarding forest
fires, shade trees and other related subjects that were not
really forest conservation or forest administration laws.
The forest fire problem is so important in all forestry prac-
tice that an attempt has been made to cite all state and
federal acts dealing with fires, even though their object
was primarily or solely the protection of existing life and
property regardless of the interest of later generations in
the maintenance of a forest cover or of a timber supply.
To avoid the confusion that would have resulted from an
attempt to present the innumerable changes in minor par-
ticulars effected by the fire laws enacted in the states and
territories prior to the year 1885, only general comment
has been made upon such laws. The reader who is inter-
ested in the development in any one state, or group of
states, can readily attain his object through a use of the
references given.

Subsequent to the year 1885, and more particularly sub-
sequent to the year 1900, the multiplicity of laws in the
various states and the bewildering rapidity with which one

VIII FOREST LAW IN AMERICA

innovation after another has been introduced in several
states has rendered the work undertaken by the writer ex-
tremely arduous and perplexing at times. Doubt as to
whether certain detail should be included has often arisen.
At such times the detail has been given where it was thought
that it would probably be of interest and value to the stu-
dent in forestry, law, or economics who desired to trace
for himself the development of forest policy and adminis-
tration in America.

In many publications one finds laws cited by the year
and the chapter, in others by the year and the page of the
session laws and in others by the date of the act only.
Furthermore, uniformity does not exist as to the date to be
given, some writers giving the date of the approval by the
executive, some the date when the act is filed in the office
of the secretary of state, others the date of publication and
still others the date upon which the act becomes effective.
To afford a complete means of identification, the author
has in the great majority of instances given both the date
of the act and the chapter number, and to facilitate a ready
finding of the law he has often given the page in the session
laws also. He has believed the date of approval by the
executive to be generally the most satisfactory one for
citation purposes and for the sake of uniformity has given
this date to each act except where this date could not be
determined from the sources of information available to him.

With the purpose of enabling the reader to acquire a true
perspective as to the development of the whole subject of
forest conservation and management in individual states,
the author has included in the two chapters upon state
forest administration references to important legislation
regarding fire control and forest extension. Although this
treatment results in some repetition, it is believed the adop-
tion of the plan will materially assist the uninitiated and
will cause no inconvenience to those already familiar with
the general progress of forest legislation in America.

J. P Kinney.
Washington, D. C.,
September 18, 1916.

The Development of Forest Law in America

TABLE OF CONTENTS

ETO) BEES eg Be 0 Ne Rg ne V
CHAPTER I

FOREST ADMINISTRATION LEGISLATION ENACT-
ED IN AMERICAN STATES PRIOR TO THE YEAR
NINETEEN HUNDRED

Page
Division 1. Developments Previous to the Year 1885.. 1
Division 2. Experimental Administrative Legislation

Between 1885 and 1900.............. 6
ite Gant cy eri hie Hae ARS Ce a CR Res, ci mae 7
Colorado yh cee sis eseieP ath aon ih
Oia ers ey el ate a ee ees os el 8
ASEH C0 cl eae ra UA pt oe I) ae a 8
Pennsylvania. scs2% « SE RNS 12
NAUK) DUPE nO arene ce LA, MORE eI ne aes Ae 13
Jig ETOYS he ety bi Ti ee 14
S(einjeela kena oy ofst ob tee Uh en eae a ee 15
MANTA Oba thea esis ahs woe 15
WN SC OTISIT AM Pe ee crt cde ays’ a. wo eh ove 16
JM FOTO Biya 8 tres AR RS ad 17
OEE, Se a ES en OO A) a 18
INGO: DA KOUAL 2k. hides oa wile stelg eles 18
TS ELECTR SRR A seins SB nd ER He eS 18
General Educational Provisions....... 19

Ix

x FOREST LAW IN AMERICA

CHAPTER II

LEGISLATION FOR. THE PREVENTION AND CON-

TROL OF FOREST FIRES ENACTED IN AMERICAN

COLONIES, TERRITORIES AND STATES PRIOR TO
THE YRAR NINETEEN HUNDRED

Division 1. The Development of Forest Fire Legisla-

tion Erion to. the Lear 1acoe. = eee 20
Division 2. Legislation Enacted Between 1885 and
TSOO. os nic ape ees 28
TWOTSSO: chs aki oeeieee etree cs eee eee 28
TS86 sae 5 ee oe ies eee ail
1 bata | SME cee SNE Rao NE oe oil
VSSS% osc ask cant tes Dune ae oe re ee a2
Division 3. Legislation Enacted Between 1890 and
TOOO® 8, cocothaete eaten ee ae ene et oe 33
ay N Gwe YORI Wc npc cee eee eee 33
OHIO. asi ke earns Soe rene are ee 36
Oklahonis.. a. 2 nce. ances ocean eee 36
Washine toni .. 227.6 ccs eee 36
South Caroling.....< ccs. see 36
Whey ONIN G:. ieeu eau o risen. heat eer oO”
North: Dakota: ais..5 oe a”
IMRING Pca es ee en ee eee 37
New Ham pshire=:, 35-0 eee 38
New. Jersey a tok otek Seen 38
Qreeon': sk SAaas hosts ata en ene 39
South: Dakota: weet cc. ee ee eee ee 40
WiUsconsiti.. Size. cin Meant ae atone 40
Minnesota sa. sce te 3 eee 42
Ponnsylyaniassc tana sce se. eee 43
Massachusetts. .2.c% eet cose 44
INGICHI PRS ease sre ee ee 45
BOWES 5 Sect wren eres ee a 45
INebraskak.. b s.¢ ici citer e ekonomi anes 46
COlOTAUO es Base ee, eae 46

WiaNSAS) 5... caeteaty Se bee eee ae 46

TABLE OF CONTENTS XI

CHAPTER III

FOREST ADMINISTRATION LEGISLATION ENACT-
ED IN AMERICAN STATES DURING THE FIRST
SIXTEEN YEARS OF THE TWENTIETH CENTURY

Introduction

EVE) Sak 0 UR es Noa ANA Te TCI RN bs de a 47
Ay ama Ch ein Metta ees i gicie. 2. 3 48
SATION ig che tas cS See okra ato Sibare eae 48
PICOIIGAS of. are) Ss ee yas eet els 49
CO IGM 5 ta siete ct sqheud < Cro 49
6 OLOTAG Os tote tale le cnhe wy el ce ote o 49
WOMMECHIOUTS foamed i ran als 6 waeeethee 50
WD Cla WMO eth ka cam ia ong ioc a rae ee 51
1 Carers Ee Hee ote = eae RG ee oe
GORA e ee ee ere Mw bain, her eeah te OZ
1 Ko FH ca Seok ae ea i ca re a DZ
ETN OTSH RUSE A BE ces eters oe ele ale 53
LELaCG WIEST Oe coe ea ee at ge ae i en Ee 54
NO Werrs ae OC ea. SAS RISES bee 5a
TR ATISASR CMe cdl oe Rye Shetek Coes Oe ee od 55
iReembire ky. 09k ASE 55 ee LS 56
DO TERSTOW CE: Fee Oe Se at 2 CO A on
TAG [EST 0 GRE eli SA AO oN Ogee AV gr 59
Vereen eaters suse eed et aA oes 3 ato 60
Massa chWsetts:.«.iartycutiedse cys. als ccaps «be 61
DVI GWE aes 7 Meena eth gaia Se wh ke OF
IWNINMeS OFA s/s eee ata! & cnc 8 bouts ie as 66
IMIISSISSID PU. <.5 hes teens ol Reus cole ae 69
IMESSOUTI. 2) abe aariten 8 OAM eer Cn Nees 69
NWNom Gaga 5. he seen te elent twee ite tesa os! & 69
IN@ISTAIGIKS, 6 Jatt e Malebc bese neice ol ole de 70
‘yt 0 eh aie oa Adee oO 4 a ee (i
New: blanipshine:..5 ais ie os cn. aes 71
Ne WaeT SOV emt ed es ac Sa a as oe 74
IVGNRINLOMICO) ch eaten. ons 64 eisla'sie 76
TORY Onis Keer Oyo See) 05. 3 055.3 0.36 76
Orth AEO MBA vcertret ek «sia a8 odie ote 87

XII

FOREST LAW IN AMERICA

ODIO 4.435 es tee es eee ae 89
Oklahoma, 2h 38 een ee ee 90
ONegON ps.s nit ch eo ee eee 90
Pennsylvanian: 320s% - ccs et oce ee 92
Rhode: island). vet n eared. awk cee 94
South ‘Caroling ree oe eee 95
south Dakota: 2 oft ee ci ee
TTOnness6e 2 sa ie es ee ee ee ee 95
TPOXAS. cs hae Ee eee ere 97
Wtah’ (265... ee se ee ee eee 97
Vermoniteet son. 3: 3. 4 eee 97
Virgmia woes.) oo ae ee eee 99
Weashinoton .Gs2 esa,.c fee eee 101
West Wireinia. of).2 cee a6 oc ee 103
Wisconsin Aven ce) ote cee eee 103
IWiyOrntn ooo on eee econ tee 108
CHAPTER IV

LEGISLATION FOR THE PREVENTION AND CON-
TROL OF FOREST FIRES ENACTED IN AMERICAN
STATES DURING THE FIRST SIXTEEN YEARS OF

THE TWENTIETH CENTURY

iin Alabamay2:.<). 40:32 8 eae ee ee 109
ATIZONG iki cA. a ee ee 109
Arkansas; o:/.<h30 eke See 109
Califormiag:. au.2.e ee ee 110
Colorado 2.55. 258 @. ees mr eee at
Connecticut.«...e6ct eee ee 112
Del aware. oi.:0 55 ee eae a ey 114
Hlomd aice-¢ wi. ut tae es oe ee 11S
GEOL RIA oc sie a Oe ee 115
GeO sha ices a ae ee Fa ee 115
PMO 6 2s = CR ee ote Be 117
Trl ete ey, 5: PY pete Pte et, ote LUZ
TOWARKS .focicee Moms ee, aon, 118
Keanisaiss , tt c4 Ae ie re es ee 118

TABLE OF CONTENTS XIII

PSTN ete eae ois, kN ws ese ee 119
Vulemioie eh Oe Gy 0 ON a ne 120
Judes ERAT, fest ee eo nee rr 122
WWERSSROMUISOLES SS 01 ea esd Colds alee 124
dy (0 Sine Sf7H CRU 0 Pe i Bie Se A Re 127
Wires bee ere uch aes oe ohne 129
IMS SISSID Is Aad Aare kA a bea re ayes eo | 155
Diy WCCO er eee Ale i Se 133
Ny orc 22th bc yeep Ney Meee ere peach nee 133
Welorais hae iivcikncas rt ecacaoe ane oee ed aes 134
Wevadane re Ne Sk. one 134
News Elamipshire 2 weNss o3.Nosd eee ns 135
IV GW EESOV: 2s osteo a ek SU Ra 138
INGw INRORICO eh tS ERIS, 5. 5 a eatin 143
Nie wanton a. re gE TE a. fe comote 143
North Carona are gees cos, eee 52
Wort akota tena oo he esis inne 153
OIG. Sha pore e Saal Si celes 153
CikdaoOmintyiyrs A eS se hee ss 154
QECEOM ORAS SON icc he cd ase 154
Pennsylvania ature ec isk hee soak 156
Rhode ntsland: ute ye. . es. ek 159
Sows anos ay) iss 5 ons. 8 odalewe 161
SOU eID a KObaa ts Nets oleh coir dewteroie 161
IE BUMESSEOMR FOO ON Oa Nia ia xs ve tase dace 161
il Asc Cs Deere np ee lo Pe re 163
1 TH Gate ere meek. Pte) ee Dae ee 164
Aer 0016, 1 ee Ca ey a 9 a er 164
AVATOUINLD oe ia Sh er a xls aS encase ob ic 166
WWiasinime Oni iy seasick. wlio is d xlewie 167
NYS VIR SITAR MRR Phe lcs, eiats ou bic sie G2
VISE OM SITIAT UHRTFGe SAP ES os REISS 174

XIV FCREST LAW IN AMERICA

CHAPTER V

STATE AND FEDERAL LEGISLATIVE ENCOUR-

AGEMENT TO THE PRESERVATION AND EXTEN-

SION OF PRIVATE AND MUNICIPAL FORESTS

PRIOR TO JANUARY FIRST NINETEEN HUN-
DRED SEVENTEEN

WEFOCUCTHION . s... knead a PEO ce en ee 2. oe 179
Division 1. Tax Exemptions and Bounties by States
Directed to the Establishment of For-
est Areas in Localities Naturally De-

VOld. Of Worestsinntt e540 oes oe eee 182
In’ Minnesota i. seine cea es 182,185,188
Kansas: < ff oren Pee beter cone ee 183,190
Wisconsin: )e\ohsck test erst tte oes 183
LOW icatere s SOR hs er ae 184
Dakota lermtonye..s ain eee 184,189
INebrasika ts. ite ace ee 185,188
NEISSOUTI sees cio ased. oe eee 185
Deng 6 F: Me eee OM te or Ge MO ra ve 186
TRO cat ss ee eee 186
Idaho? 37.3.55.3b ese ee 187
Washine tons icsteteay tao oo ee 187
Wyoming «5 cee kee ieee aioe 187,190
Colorado. 6 5.6)< Sites wae. eee 188
New, MexiICo) Action oe eee oe 189
Utah: Wermtory societies oe See 190
South Dakotas as sows acae eee 191
North Dakotaits 9. sm h6 «sg odes 191

Division 2. Federal Encouragement to Tree Plant-
ing in the Western States Prior to

Division 3. State Legislative Encouragement to the
Preservation or Establishment of Pri-
vate Forests in Natural Timber Re-
PIONS Prior*to WON, ccc ew sie ek 195

int Misting. 0: > a ytanks. eee eee ee 195

TABLE OF CONTENTS XV

We EMEC LICL ies oe 2 ons fad fale egies 195
WIG GSACHHBOLESt Het oP use edie ws 196
Rs] 10:3 Sil ESUSI 10 Ut aie | 196
PEHMSPLVATND aes See chek ah okies 3 197
dnnhiati fee Tee I Fees ENE ee lie has 198
Wew? Hampshire sess 2! oe. oe. a es 198
WEETRON Tees FAs doe Sinerste ie se’ 198
Owe tee ee os A ee aetna), ae 199
IWASCOTISIINT Set 5555 tore ee ie 200
AAA ys LE a. cy ahd ee ahs ola 200
otisiana ee Se ees AL 201

Division 4. Forest Taxation Laws Involving New
Principles Enacted in American States

Fron LOMO MOM ORI. oS Lo « oe aes 201
nlite oar: Se Pee ss edn ee 201
ING WOE Ken ater. 5 eos oe ees 202
WieraiOMi re: hs ree wea ek wee oie 203
Commectcwt.: VAs hoo eee oe eas 205
Pennsylvanita..<0e: ss ta0k. eile oa. 206
Massachusettsty ire ees cea e ee 207

Division 5. Provisions For the Establishment and
Maintenance of Forests by Cities,
Towns and Other Municipalities En-

BCtCa PTIOr TOMO Tee os ds 8 ois ees 209
nviviassachusetis.: 70.8120 2 ecb se 209
INGwid CISGV ee. cee. ee al ose tenes 201
Pennsylvanilaees: fees se otic ers. +-< 211
WASCORSIN SINR se Aes Sarees 6 oleae ds 212
ING WORE en ee ee NPE, 7 POLE 212
Hrrclieiar eS ee eA i AES 213
INiow EbaMPShITGs feiss, 6 55 3 os ss aie oe PANS
VETTE SOURS Sette, oes GeBieih Gythee dds 213

NWO TEINA PNG 5 ee ratio ac be sous eyes erste 214

XVI FOREST LAW IN AMERICA

CHAPTER VI.

A SUMMARY OF THE PROGRESS OF FOREST

LEGISLATION IN AMERICAN STATES .TO THE

CLOSE OF THE YEAR NINETEEN HUNDRED
SIXTEEN

Introduction: S8 saeree tee we Ae ae: 216
Division 1. Systems of Administration in 1916.... 217

Supervision by a Board of Forestry. 217
Supervision by an_ Agricultural

BS Oamrah is Rates Occ s eeuee 217
Supervision by Other Boards,..... PA ly
A Single Executives ajc. . 2.4/5.0 00 218
Technical Representatives upon

BOAT OR trots Rae Rye cinon SC aucho ewe 218
A State (MOresterecs.<<% 2...0 ses 00 218

Division 2.) StatesWorests Ameo. ooo ae eee oe 219
Mian eemembtae . nc am.cce co 2s ascents 219
Acquisition through Gift. ......:.. 219
Acquisition by Purchase........... 219
Establishment by Reservation..... 219
Nurseries, Demonstration Forests

ad Gpatkcreey: gnc e tae. ee ce 220
Preservation of Trees as Water

GCONSCEVAlOlSg eee nics xe ese 220

Division 3. State Assistance to Individuals and Cor-
porations in Forest Extension and

COmservaiilomys tae) en. gases ec yomeeee 220
Legislative encouragement to Private

POrestiyeser meme es «tn eee 220
Legislative Encouragement to Mu-

nicipal Woresmy | i. 2.6 eee 221
Distribution of Forest Trees for Pri-

vate and Municipal Planting.... 221
Cooperation by the States in Fores-

try Activitiesas n> .n.- . weer 22

Division 4. Restrictions Directed to the Prevention

FOREST LAW IN AMERICA XVII

Gf WOPESG NITES a. s soa ns se se oes 222
Closed Season for the Setting of

res im tue Open 2. ee: 222,
Recent Laws Authorize Burning

(WEAYO (erated 25 10011 Ka 223
The Extinguishment of Camp Fires. 224
The Suspension of the Hunting Sea-

SOE EG ce, Spe er NS os Sua nay pian Ng 224
The Clearing of a Space for a Fire.. 224 ©
The Setting of Fires by Gun-wads,

Matches, or Burning Tobacco...... 225
General Provisions for the Preven-
fioniof Morest: Hires \)35..). 2.009. 44 225
Division 5. Provisions for the Disposal of Logging
Wahriss re OAS Sakae Lead 226
The Disposal of Slash in Cutting
Operon hes ae) Fee. Jee 5 226
The Disposal of Slash along High-
WaVse, LallrOadswOte. c2 20% beens 227
The Treatment of Slash as a Nuis-
rEHLTIN CYS ROOM: YA, SS a eee ES 227

Division 6. Legislation Regarding the Operation of
Railroads and Stationary Engines 227
Development of Such Legislation... 227
Spark Arresters on Smoke-stacks... 228
Devices on Fire-boxes and Ashpans. 229
Inspection and Rejection of Loco-

MOLIMESTAIIGUSONETS <x. ha) ae 229
The Deposition of Live Coals and
ESL 5 Sele a ae Pe es 0 ee a 229
The Clearing of Inflammable Ma-
terial from Rights of way........ 230
The Construction of Firebreaks Ad-
jacent to Rights of Way......... 230
The Patrol of Rights of Way...... 231
Division 7. Systems of Forest Fire Control......... 231

Direction of Control by the State.. 231

Local Control with General State
SPICE WUSUOMY 2 Fos an asa oe os 2o2

Local Control without State Super- 232

XVIII FOREST LAW IN AMERICA

vision General Provisions as to Con-

GEOL Seca o cen sors th fosge tae ede 232

Division 8. Liability for Fire Damage and Penalties
for Violation of Forest Laws......... 233
Civil Liability for Fire Damage. ... 233

Criminal Liability for Forest Fires.. 234
Penalties for the Violation of Vari-
ous Horest Jbaws:.4.05- 0) soe 235

CHAPTER VII

FEDERAL LEGISLATION FOR THE PROTECTION

AND ADMINISTRATION OF FORESTS BELONG-

ING TO THE UNITED STATES ENACTED PRIOR

TO JANUARY FIRST NINETEEN HUNDRED SEV-
ENTEEN

Division 1. Legislation Directed to the Maintenance
of a Supply of Timber for Naval Pur-

DOSES) ./5 gts 6 6 oslo See shape ene eee 236
Division 2. Federal Legislative Developments Be-
tween IS 7scand 1900. 3.8 <0 srs peer 242

Division 3. Federal Forest Legislation During the
First Sixteen Years of the Twentieth

Errata

On p: 2, line 1, for~-Mass read Massa-

On p. 6, line 14, for interest read interests

On p. 25, line 22, for e- read ex-

On p. 37, line 11, for right read rights

On p. 48, footnote 2, for 4554 read 4654

On p. 54, line 21} for indication read either

On p. 89, line 22, for extended read expended

On p. 110, line 17, for negligently permitting read the negligent permitting
of

On p. 118, line 5, for right read rights

On p. 121, line 2, cancel “to”

On p. 121, footnote 1 is upon p. 122

On p. 123, line 22, for, and to require read to require the

On p. 123, line 23, for to have authority read free of labiwity

On p. 174, line 8, for 19 read 1901

On p. 187, line 7, for t read to

On p. 220, line 20, for enactment read promotion

On p. 233, last line, for dmages read damages

On p. 241, line 26, for simlar read similar

On p. 251, line 18, for dis read dis-

On p. 251, line 19, for fro read from

wawllc hes i seth rite baste 5 7 3

the eevarhe 1 A a jit} f ears

9 tex 5 aR aes ar in

Wirt tae LAGr LM ct suit: ae

7s
7

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CHAPTER I

Forest Administration Legislation Enacted in
American States Prior to the Year Nineteen

Hundred
DEVELOPMENTS PREVIOUS TO THE YEAR 1885

From the earliest colonial times there were always indi-
viduals in America who urged the necessity of encourag-
ing the maintenance of a forested area sufficient to supply
future timber needs; and, although the great majority of
the people were too deeply engaged in the task of acquir-
ing a living and developing a new continent togive serious
consideration to the formulation of a forest policy, the
colonial legislatures enacted many laws against the destruc-
tion of forests by fire that disclosed a dim realization of
the loss to the state, as well as to the individual, involved
in the reckless indifference of many as to the common
practice of setting open fires or allowing them to escape
from control.! In fact, the first ordinance regarding the
firing of the woods in Plymouth Colony in Massachusetts
recited as a justification for the law that an inconvenience
might result from a depletion of the timber supply. A
Massachusetts act of January 15, 1743 specifically recog-
nized the damage caused by fire to young tree growth and
to the soil, and a North Carolina act of 1777, imposing
penalties for the unlawful firing of the woods, declared
forest fires ‘extremely prejudicial to the soil.”

Early in the seventeenth century, laws were enacted for-
bidding the waste of timber on common lands by unneces- |
sary or indiscreet cutting, and in the month following that
in which peace was concluded between Great Britain and

1. For a discussion of Colonial laws see Forest Legislation in America Prior to March
4, 1789, Kinney (Bulletin 370, Agr. Exp. Sta., Cornell University, 1916.).

I

2 FOREST LAW IN AMERICA

the United States of America the General Court of Mass
chusetts forbade the cutting or destroying of white pine
trees twenty-four inches or upward in diameter one foot
from the ground on any lands of the State without pre-
vious license from the legislature, under penalty of thirty
pounds for each offense. However, the first century fol-
lowing the establishment of a national government witnessed
the passing of the title to the greater portion of the public
lands of American States into private possession.

Occasionally associations of persons interested primarily in
other objects, like the New York Society for the Promo-
tion of Agriculture, Arts and Manufactures, by its action
in 1791, sought to awaken a general public interest in the
need of conserving the forests of America. Although it is
impossible to trace the connection between such private
activities and specific legislative acts, these efforts doubt-
less had an important effect in shaping public opinion.

A Massachusetts act of 18181 authorized agricultural
societies of the state to offer premiums to encourage the
growing of oaks and other trees necessary to the mainte-
nance of a supply of ship building material, and another
act of the same year imposed a fine and imprisonment for
the offense of cutting from public lands of the state any
white pine tree twenty-four inches or over in diameter at
two feet from the ground.? A New York act of April 9,
1805, * fixing treble damages for the cutting of timber from
state lands, having proven ineffectual to prevent trespasses,
an act of 1826 ‘4 imposed a penalty of twenty-five dollars
for each tree cut in trespass upon lands owned by the state.
Acts imposing penalties for the cutting of timber, or the
setting of fires upon public lands, were subsequently en-
acted in many states. Many of these acts had special refer-
ence to lands which were held by the states for the benefit
of public schools. °

. Acts and Resolves, Pat 1818, p. 114, Sec. 5.

1
2. Act Feb. 23, 1818, Gen. Laws, Mass., Boston. oe mole 2 446.
3. Session Laws, N. y , 1805, ch. 94; Laws of N. Y., Web. & Si. Vol. 4, p. 247.
4. Session Laws, N. Y., 1826, ch. aah p. 209; cf. Session Laws 1889, ch. 288. p 305.
5. Ark. Digest of Laws, 1846, 344 (school).
Fla. Act Mar. 6, 1877, ch. 3020 (all state lands).
Til. Act Feb. 9, 1835, S. L.. p. 34 (all state lands.).
Ind. Rev. Laws 1831, p. 187, sec. 34 (all state lands).

(Footnote 5 continued on next page)

ADMINISTRATION PRIOR TO 1885 2

On November 24, 18271! the Congress of that portion
of the Mexican Confederacy that included the present
State of Texas, in decreeing that, fora term of three years,
six designated towns might cut timber along the Sabine
River without the payment of a certain tax, specified that
the cutting be done during the proper season for the plant-
ing of trees, and required that anyone who should in such
cutting, negligently cause a fire, must pay the damage and
plant trees upon the area burned over. All cutting was to
be done under a permit and necessary restrictions.

An ordinance of January 9, 1851 ? by the general assembly
of the newly formed “State of Deseret’? (the Mormon
settlement later called Utah), granting to George A. Smith
the exclusive control of the timber in the canons on the
east side of the mountains west of the Jordan River in Great
Salt Lake County, required that any person obtaining tim-
ber there, with the permission of the proprietor, should
contribute to the |cost of the private roads leading to the
timber, and imposed a penalty of one hundred dollars in
addition to the liability for all damage upon anyone who
should waste, burn or otherwise destroy timber there.
Timber left lying an unreasonable time after cutting might
be removed by the proprietor and disposed of for the benefit
of the public treasury.

A Wisconsin act of March 23, 1867 * authorized the state
agricultural and horticultural societies each to appoint
a person, and these persons a third one, who were to make
investigations and report to the next session of the legis-
lature whether the forests of the state were being destroyed
as rapidly as had been claimed, what effect the destruction
of forests had upon climate, whether the state should at-
tempt to control the management of private forests, whether
any convenient substitute for wood might be found in the

(Footnote 5 concluded from preceding page)
Kan. ae June 4, 1861, Comp. Laws 1862, p. 895 (school.).
La. Rev. Laws (N. O. 1856) Phillips p. 139 sec. 35 ret state lands)
Mich. Rev. Statutes: 1846, p. 246, sec. 61 (all state lands.). Act Feb. 12, 1857,

Ss. p. 211 (Comp. L. 1857, Sec. 5927-36). (AIlL.).
Mo. Gen. atuutes 1865, ch. 49, sec. 30, p. 286 (school).
Nev. Act Mar. 3, 1871. S. L., p. 113 (All state lands.).
S. Dak. Act Mar. 1, 1890, ch. 140, p. 308 (All state lands.).
Wis. Act Dec. 9, 1836, Laws Ist Terr. Ass., p. 95 (school.).

Laws and Decrees of State of Coahuila and Texas, Houston, 1839, No. 36, p. 92.
2 Acts of Utah Territory, 1851 to 1870, ch. 113, p. 174.
3. Session, Laws, Wis., 1867, ch. 36, p. 37. -

4 FOREST LAW IN AMERICA

state, and what efforts the state should take to preserve
the forests and encourage the extension of forest areas.
Following the report of this committee, the legislature
passed the act of March 4, 1868! providing a tax exemp-
tion and bounties for the preservation or the planting of
belts of trees.

In January 1869, the State Board of Agriculture of Maine
appointed a committee to present to the legislature the
necessity of the preservation and production of forest trees.
The act of February 29, 1872, providing exemption of
forest plantations from taxation, embodied one of the
recommendations of this committee.

One of the most effective means of arousing an interest
in the value of trees was first used in Nebraska in 1872.
This means was the designation of a certain day as Arbor
Day, upon which the inhabitants of the state were urged
to plant trees. The idea of urging the general public to
plant and care for trees found ready acceptance, not only
in the plain and prairie states, but also in the states once
heavily forested, and within twenty years Arbor Day had
been officially recognized in a score of other states. Sub-
sequent to 1892 legislative provision for the observance
of one day in the year as especially appropriate for the
planting of trees was made in a number of other states. *

1. Session Laws, Wis., 1868, ch. 102; same Rev. St. 1878, Sec. 1469-71.
2 Session Laws, Me., 1872 ch. 66, p. 41.
oe -ATiZ. Rev. Stat. 1901, Par. 310-313, Par. 2709; Rev. Stat. 1913, sec. 2837-40.
Ark. Act Apr. 25, 1905, S. L. No. 209.
Calif. Act Mar. 3, 1909, S. L. ch. 82.
Colo. Act Mar. 22, 1889, S. L. p. 21; Rev. Stat. 1908, Sec. 2942-44.
Conn. Act May 31, 1886, S. L. ch. 90 sec. 1; Gen. Stat. 1902, sec. 4438-50.
Del. Act Mar. 9, 1901, S. L. ch. 216, sec. 8.
Fla.
Ga. Act Dec. 16, 1890, S. L. No. 60, p. 219; Code 1910, sec. 1526-27.
Ida. Act Feb. 1, 1887, S. L. p. ; Rev. Stat. 1887, sec. 1299; Act Mar. 10
1903, S. L. p. 215; act Mar. 7, 1911, S. L. ch. 159, sec. 188, (School code.)
Til. Act June 10, 1887, S. L, p. 304.
Ind. Act Mar. 9, 1903, S. L. ch. 116, p. 214; act Apr. 30, 1913, S. L. p. 422;
Annot. St. 1914, sec. 7461a-7461c.
La. Act July 4, 1904, S..L. p. 250; act July 7, 1910, S. L. No. 261, sec. 16.
Me. Act Mar. 10, 1887, S. L. ch. 79, p. 61.
Md. Session Laws 1900, ch. 428, sec. 17 b; S. L. 1901 ch. 202; Act
Apr. 8, 1902, S. L. ch. 194; Act Apr. 12, 1904, S. L. ch. 584, sec. 17 B.
Mass. Resolve Apr. 9, 1886, ch. 32, p. 370.
Mich. Joint Res. No. 6; Mar. 26, 1885, S. L. p. 378.
Minn. Act Mar. 3, 1899, S. L. ch. 36.
Miss. Code of 1892, sec. 3970; code 1906, sec. 4491.
Mo. Act May 6, 1889, S. L. p. 260.

Mont. Act Sept. 13, 1887, S. L. p. 103; act Mar. 11, 1895, Codes & Stat.
1895, p. 171.

Neb. Comp. St. 1885, p. 389, Sec. 8; Comp. Stat. 1911 (Br. & Wh.) sec. 3855a
(195). Rev. St. 1913, Sec. 5512.
Nev. Act Feb. 10, 1887, 8S. L. p. 51; Rev. Laws 1912, sec. 3349-50.

IN ele Joint Res. July 10, 1885, S. L. ch. 103, p. 297.
(Footnote 3 continued on next page)

ADMINISTRATION PRIOR TO 1885 5

The first association for the sole purpose of promoting
the planting of forest trees and the general practice of for-
estry was formed in Minnesota on January 12, 1876, and
called the Minnesota Forestry Association. This associa-
tion received legislative recognition in the appropriation
of money for expenditure under its direction in the form
of bounties for tree planting. !

The first constitution of Colorado, adopted March 14,
1876 provided in section six, of article eighteen, that the
general assembly should enact laws to prevent the destruc-
tion of and keep in good preservation the forests upon the
lands of the state and upon such part of the public domain
as Congress should place under the control of the state, and
section seven of the same article authorized the legislature
to exempt from taxation the increased value given to lands
by the planting of trees thereon. In accordance with the
latter provision an act of 1881 ° granted an exemption for
trees planted on irrigated lands, but although Colorado
was the first state to incorporate in its constitution a pro-
vision that specifically authorized a definite state forest
policy, no legislation of this character was enacted for a
decade and then nothing effective.

By act of May 23, 1872 * the legislature of the State
of New York appointed a commission of seven persons to
inquire into the advisability of the establishment of a state

(Footnote 3 concluded from preceding page)

INS Ds Act Apr. 14, 1884, S. L. ch. 109, p. 173; Joint Res. Apr. 8, 1908, No.
6, p. 729; Act Apr. 13, 1908, S. L. ch. 187, p. 378; Act Mar. 21, 1912,
S. L. ch. 120, p. 169.

N. M. Act Feb. 16, 1891, S. L. ch. 35, p. 82.

INTE Act Apr. 30, 1888, S. L. ch. 196, p. 267.

INGLE. Joint Resolution Mar. 6, 1893, S. L. p. 495.

N. D. Cf. Act Feb. 15, 1909, Ch. 201, p. 297, (Same comp. L. 1913, sec. 1204.)

Ohio Joint Res. Apr. 11, 1882, 8. L. p. 243; Act Mar. 5, 1902, S. L. p. 38.

Okla. Act Mar. 5, 1901, S. L. ch. 5, p. 62.

Ore. Act Feb. 25, 1889, 8. L. p. 110; Lord’s Laws 1910, sec. 4135-36.

Pa. J. Res. Mar. 17, 1885, S. L. p. 300; J. Res. Mar. 30, 1887, S. L. p. 431.

1asille Act May 6, 1887, 8. L. ch. 641, p. 153; S. L. 1900-01, ch. 809, sec. 36.

Ss. a Act Feb. 16, 1898, S. L. ch. 471, p. 760.

se DL

Tenn. Act Mar. 23, 1887, chap. 172, p. 297; Shannon Code 1896, sec. 1416.

Tex. Act Feb. 22, 1889, S. L. ch. 68, p. 78; Rev. Civ. St. 1911, sec. 4607.

Utah Act oe Be 1892, S. L. ch. 26, p. 26; Act Feb. 5, 1909, Comp. L. 1907,
sec. 1146.

Va. Act Apr. 2, 1902, S. L. ch. 637, p. 753, eode 1904, Vol. 1, sec. 222b.

Wis. Act Apr. 16, 1889, S. L. ch. 417, p. 591; act Mar. 17, 1897, S. L. ch. 61,
p. 87.

Wyo. Act Mar. 9, 1888, S. L. ch. 87, p. 183; comp. Stat. 1910, sec. 3582.

Act Mar. 2, 1876, S. L., Minn., ch. 110, p. 120.

Act Feb. 12, 1881, S. L., Colo., p. 256. cf. Act Feb. 27, 1877, 8S. L. Colo., p. 99,
secs. 49 and 50 (Board of Agriculture to gather information as to forest culture)

Session Laws, N. Y., 1872, ch. 848, Vol. 2, p. 2006.

Ne

6 FOREST LAW IN AMERICA

park within seven specified counties lying north of the
Mohawk River, and within the forested region of the
Adirondack Mountains. After an investigation this com-
mission recommended that the state make no further sales
of land, and that it retain all lands which should come into
its possession because of the non-payment of taxes!. It
was not until 1883? that a law was enacted forbidding
further sales of state land as the commission had urged
in 1873. However, within the decade, through the acqui-
sition of lands under tax sales, the state increased its hold-
ings from forty thousand acres to over five hundred thou--
sand acres.

By joint resolution of July 29, 1881% a commission
for inquiry regarding the forest interest of the state was
created in Vermont. A report by this Commission was
published in 1884, but it was followed by no action on the
part of the legislature.

On July 29, 1881 * also the legislature of New Hampshire
by joint resolution authorized the appointment of a com-
mission to determine the extent to which the forests of the
state were being destroyed by indiscriminate cutting and
exportation; to investigate the effect, if any, of the destruc-
tion of forests upon rainfall, and to report as to the neces-
sity of forest legislation in New Hampshire. A joint reso-
lution of September 15, 1883 ° extended the term of this
commission until 1885, but no forest legislation resulted.

EXPERIMENTAL ADMINISTRATIVE LEGISLATION.
BETWEEN 1885 AND 1900

In 1875 a notice had been issued for a national forestry
convention, to meet at Chicago, Illinois, and the following
year at a meeting in Philadelphia an organization was com-
pleted. Thus the Centennial of American Independence
marked the beginning of a national movement for the
conservation of American forest resources. No effective

Senate Doc. N. Y. No. 102, 1873.

Session Laws, N. Y., 1883, ch. 13, p. 10 (cf. ch. 470, p. 645, state as tenant in
common. )

Session Laws, Vt., 1881, p. 518.

Session Laws, N. H., 1881, ch. 117.

Session Laws, N. H., 1883, ch. 161.

oupoe toe

ADMINISTRATION BETWEEN 1885 AND 1900 7

progress was made until the cooperation of those interested
in this association with others attending an American
Forestry Congress held at Cincinnati in 1882 resulted in
the formation of an organization that ultimately took the
name, ““The American Forestry Association.’”? This asso-
ciation, cooperating with the division of forestry in the
national department of agriculture that took form contem-
poraneously with it, secured legislative action by four widely
separated states in 1885, and during the remaining fifteen
years of the nineteenth century succeeded in creating a
public sentiment that found expression not only in more
effective laws for the prevention and control of forest fires
but in several enactments that aimed at a definite policy
of state administration of publicly owned forests.

California. By an act of March 3, 1885! California
earned the distinction of being the first state of the American
Union to establish a permanent Board of Forestry. How-
ever, this non-salaried board was clothed with no adminis-
trative authority over either public or private forests,
and was charged only with responsibility for educational
and experimental activities. By an act of March 7, 1887 ?
all members of this board, and assistants employed by them,
were given the powers of arrest appertaining to peace
officers. Appropriations for the work of the board were
continued until the board was abolished by an act of March
22, 1893,% and the duty of maintaining the experiment
station which the board had established was devolved upon
the Agricultural Department of the University of Cali-
fornia.

Colorado. A Colorado act of April 4, 1885 * created a
state office of forest commissioner, and made county com-
missioners and road overseers forest officers who should
euard against fire and depredations, and encourage timber
culture. These officers were given authority to arrest offend-
ers against laws for the protection of forests. As no pro-

. Session Laws of Calif., 1885, ch. 11, p. 10.

. Session Laws of Calif., 1887, ch. 35, p. 46.

. Session Laws of Calif., 1893, ch. 187, p. 229.

. Session Laws, Colo., 1885, p. 299; cf. act Apr. 4, 1887, S. L. p. 412, providing for a
small state park.

nd el

8 FOREST LAW IN AMERICA

vision was made for the compensation of the forest com-
missioner for his services, and the annual expenditure in
each county for the protection of the forests was limited
to one hundred dollars, no effective organization was es-
tablished.

By an act of April 16, 18971 a department of forestry,
fish and game was established. This act provided salaries
for a commissioner and three tree wardens charged with
the duty of administering state forest lands, of guarding
against fire, and of encouraging the culture of forests. Sec-
tions eleven and twelve of this act contained new legisla-
tive provisions regarding the setting of fires, and section
thirteen forbade the exportation from the state of the tim-
ber of coniferous trees cut from state or public lands.

Ohio. On April 16, 1885? the legislature of Ohio es-
tablished a forestry bureau which was to gather informa-
tion in regard to forest conditions within the state and
recommend legislation that would effect a conservation of
the forests. Although this bureau doubtless had an impor-
tant educational influence, no real forest policy for the
state was evolved.

New York. A committee of experts appointed by the
comptroller of New York in 1884 to investigate and report
upon a system of forest preservation suitable for adoption
by the state submitted its report and recommendations on
January 23, 1885 and, by an act of May 15, 1885,? the
legislature attempted to establish permament forest re-
serves (in the form of parks), to provide a state system of
administration of forest fire protection, and to encourage the
practice of forestry on private lands. This law provided fora
permanent forest commission of three members, a state war-
den, state inspectors and other necessary agents; created a
forest preserve to consist of all lands then owned or thereafter
to be acquired by the state in eleven counties in the Adiron-
dack region‘ and three counties in the Catskill Mountains, °
and declared that the lands comprising the preserve should

Session Laws, Colo., 1897, p. 36.

le

2. Session Laws, Ohio, 1885, Vol. 82, p. 135.

3. Session Laws, N. Y., 1885, ch. 283, p. 482. , ere

4 Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Saratoga, St. Law-

rence, Warren and Washington, except towns of Altona & Dannemora in Clin-
ton County. ‘
5. Greene, Ulster, and Sullivan.

ADMINISTRATION BETWEEN 1885 AND 1900 9

beforever kept as wild forest lands in the full control of the
state and not be sold, leased or taken by public or pri-
vate corporations. The commission was not only charged
with responsibility for the proper care and administration
of lands within the preserve, but was also required to ad-
vanee the interests of forest preservation and extension
throughout the state, and was especially charged with the
duty of forest fire prevention and control. The state officials
were given the power to arrest without warrant persons
violating the provisions of the act. Town supervisors were
constituted fire wardens in towns outside the preserve,
subject to the instructions of the state commission. Any
resident was subject to a call by the proper town or state
official to assist in the extinguishment of forest fires, and
subject to a fine for noncompliance. Annual reports to the
legislature of all fires covering more than one acre were re-
quired. Railroad companies were required to clear rights
of way of inflammable material in forest or other lands
particularly subject to fire, to equip locomotives with proper
appliances for the prevention of fires, and to employ pa-
trolmen in dangerous periods. This act also imposed
heavy penalties and civil liability for all damages upon any
person who should wilfully or negligently set a fire upon
the lands of another or of the state, or allow a fire to escape
from his own land to the damage of another or of the state.
This act, carrying an appropriation of fifteen thousand
dollars for the expenses of the first year, was the first com-
prehensive forest administration act in America.

An act of May 5, 18861 provided for the taxation of
all state lands within the forest preserve on the same basis
as private lands within the boundaries thereof. The act
of May 15, 1885 was amended by an act of May 26, 1887, ?
so as to authorize the sale of outlying tracts or their ex-
change for tracts contiguous to large blocks held by the
state. An act of June 21, 1887, * extended the preserve
to include lands owned by the state within Oneida County.
In 1890 minor amendments were made by two acts. 4

. Session Laws

N. Y., 1886, ch. 280, p. 459.
. Session Laws N.

N.

N.

Y

Y., 1887, ch. 475, p. 600.

Y., 1887, ch. 639, p. 849.

Y., 1890, ch. 8, p. 18, and ch. 11, p. 20.

. Session Laws
. Session Laws

BOWE

10 ° FOREST LAW IN AMERICA

On May 20, 1892 ! a large area within the Adirondack
region was designated by the New York legislature as

‘‘Adirondack Park,’’ to be maintained as a health and
pleasure resort, as a forest necessary for the preservation
of the headwaters of the chief rivers of the state, and for a
future timber supply. This act authorized the forest com-
missioners to purchase land within the area delimited as
the park, subject to a reservation for a period of ten years
of conifers over ten inches in diameter at three feet from
the ground. The commissioners were authorized to sell
detached tracts within the preserve, but outside the park,
and use the proceeds for the purchase of lands within the
boundaries of the park. Leases of not over five acres for
not over five years were permitted within the park, and the
park was declared a part of the forest preserve for all gen-
eral purposes.

The following year a new forest act was passed.” This
law reenacted most of the provisions of the previously
existing law regarding the forest preserve and the Adiron-
dack Park, but contained one important change in that it
authorized the forest commissioners to sell spruce and
tamarack not less than twelve inches in diameter at three
feet from the ground, and poplar of such size as the com-
missioners might determine, and devote the proceeds to
the purchase of land within the park.

Section seven of article seven of the New York State
Constitution adopted in 1894 provided that all lands within
the forest preserve should be forever kept as wild lands, and
declared that they should not be leased, sold, exchanged or
taken by a public or private corporation, nor should the
timber thereon be sold, removed or destroyed. *

. Session hewe View l892, ee 707, p. 1459.

1

2. Act April 7, 1893, Now L., Ch. 332, Dp. 633.

3. Saranac L and Etc. Co. v. ett 195 N. Y. 303, 88 N. E., 753 (Affm’g 125 N. Y.
App. Div. 333, 109 N. Y. Suppl. 547). Preserve does not include lands claimed

by state under void tax sale.

People v. Fisher, 190N. Y. 468, 83 N. E. 482 (Affm’g 116 N. Y. App. Div. 677, N. Y.
Suppl. 1047). State lands within limits of preserve part of it, though not acquired
chiefly for preserve purposes.

People v. Brooklyn Cooperage Co., 187 N. Y. 142, 79 N. E. 866. (Affm'g 114N. Y.
App. Div. 723, 100 N. Y. Suppl. 19). Purchase of lands by Cornell University
for de ainaaueation! forest not unconstitutional.

Meigs v. Roberts, 162 N. Y. 371, 56 N. E. 838, 76 Am. St. Rep. 322 (Revs’g 42
N. Y. App. Div. 290, 59 N. Y. Suppl. 215). Forest Gomaatenenors contol only
state lands.

People v. Adirondack Ry. Co., 160 N. Y. 225 (Land not to be taken by railroad).

(Footnote 3 continued on next page)

ADMINISTRATION BETWEEN 1885 AND 1900 i

In 1895! New York again found it necessary to revise
its forest legislation. The new act provided for a commis-
sion of fisheries, game and forests, consisting of five mem-
bers, all with a salary of one thousand dollars per annum
except the president, who received five thousand dollars,
and authorized the employment of a forester at two thou-
sand dollars and two assistants at twelve hundred dollars
each. It repealed the fundamental forest act of 1885 and
numerous amendments, and authorized the state forest
commission to contract with private owners of land within
the boundaries of the Adirondack park to make their hold-
ings a part of the park, exempt from taxation for state and
county purposes, provided the owners agreed to remove
no live timber except spruce, tamarack or poplar over
twelve inches at three feet from the ground, and not to
clear more than one acre of each one hundred covered by
the contract. An effort of the same legislature to secure
an amendment of the state constitution so as to authorize
the leasing of land within the preserve in areas of not over
five acres and the sale of outlying tracts, or the exchanging
of them, for lands within the forest preserve at the will of
the legislature, was unsuccessful. ?

The acquisition of forest lands by the State of New York
did not progress as rapidly as many desired, and an act of
April 8, 1897, * required the governor to appoint three
men from the land commission and fisheries, game and
forest commission as a forest preserve board, whose duty
it should be to acquire by purchase or condemnation,
lands within the Adirondack park boundary which they

(Footnote 3 concluded from preceding page)

People v. Gaylord, 139 N. Y. App. Div. 814, 124 N. Y. Suppl. 517. Timber within
reserve subject to larceny.

People v. Long Island R. Co., 126 N. Y. App. Div. 477, 110 N. Y. Suppl. 512.
Forest officers may prosecute offenders:

People v. Santa Clara Lbr. Co., 126 N. Y. App. Div. 616, 110 N. Y. Suppl. 280.
Revers’g 55 Misc. (N. Y.) 507, 106 N. Y. Suppl. 624. Forest officials have right
of action concurrent with Attorney General.

Pashley v. Bennett, 108 N. Y. App. Div. 102, 95 N. Y. Suppl. 384. Forester may
not sell timber seized.

People v. Campbell, 152 N. Y. 51, 46 N. E. 176. (Revs’g 82 Hun 338. 31 N. Y.
Suppl. 499.) Forest commission may bring action to review decision of control-

er.
People v. Francisco, 76 N. Y. App. Div. 262, 78 N. Y. Suppl. 423. Forest officials
may act independently ee Att'y Gen’l. in protecting forest.
See Laws of 1907, Ch. 578, 1296, appropriating $476 for George Pashley as reim-
bursement for maintaining oie is ‘enforce title to timber purchased from the state.
1. Act April 25, 1895, S. L., ch. 395, p. 237; cf. Laws 1896, ch. 114.
2. See Session Laws N. Y., 1895, Vol. “hh p. 1010.
3. Session Laws of N. Y., 1897, ch. 220, p. 93. Cf. Act Apr. 15, 1897, ch. 259, p. 121.
(Authorized the acquisition of certain lands in Ulster County for state preserves. )

12 FOREST LAW IN AMERICA

deemed essential to the carrying out of the policy of the
state as expressed in its constitution and chapter 395 of
the laws of 1895. This act permitted an owner of land which
was appropriated to reserve the spruce timber that was ten
inches or more in diameter at three feet from the ground,
and an owner from whom land was purchased to reserve
such spruce as should be agreed upon, with a right of re-
moval for a period of fifteen years, under either a condemna-
tion or a purchase. However, no area could be cut over
more than once and the spruce could not be reserved for a
distance of twenty rods from any lake, pond or river. The
act imposed a penalty of treble damages and also a for-
feit of twenty-five dollars for each tree that should be cut
or removed from the forest preserve without the per-
mission of the forest preserve board. The expenditure
of one million dollars by the board in the purchase or con-
demnation of land within the Adirondack Park boundary
was authorized.

In an amendment of March 28, 1898 ! the procedure
for the acquisition of land was modified, the making of
compromises authorized and the provision as to a forfeiture
of twenty-five dollars for each tree cut omitted; and in
one of May 17, 1899? section eight was amended as to
punctuation and section nine by the addition of a clause
authorizing a payment for land before all timber was re-
moved, or a part payment, if in the judgment of the board
the circumstances made such payment advisable.

Pennsylvania. A joint resolution of April 28, 1887 %
by the legislature of Pennsylvania, authorized the governor
to appoint a committee of not over five persons to consider
the forestry interests of the state and report at the next
legislature. The following legislature made two appro-
priations for the expenses of this commission, ‘* but no
legislation providing for state forests was enacted.

An act of May 23, 1893 ° authorized the appointment

. Session Laws, New York, 1898, ch. 135.
. Session Laws, New York, 1899, ch. 619, p. 1361. cf Act Feb. 18, 1899, p. 137, sec.
16, requiring the governor to appoint a game and forestry warden for a term of
four years at a salary of $1200, and expenses, per annum.
. Session Laws, Pa., 1887, No. 31, p. 432.
. Session Laws, Pa., 1889, pp. 407 and 414.
. Session Laws, Pa., 1893, No. 68, p. 115.

noe

Cue

ADMINISTRATION BETWEEN 1885 AND 1900 1153

of a salaried commission of two to inquire into the forest
conditions on state lands and upon other lands throughout
the state, and the effect which the destruction of forests
produced or would probably produce, and to report what
measures should be taken by the state to maintain a tim-
ber supply, and whether additional lands should be acquired
for forest reserve purposes. An act of March 13, 1895, ?
creating a state department of agriculture, provided for
the office of commissioner of forestry in this department,
with the duty of collecting and disseminating information
regarding the forest interests and industries of the state
and of protecting the forests from fire.

An act of March 30, 1897:? provided for the acquisition
by the state, for forest reservation purposes, of any unseated
lands within the state sold for non-payment of taxes, the
acquirement of which the commissioner of forestry should
determine to be for the best interests of the commonwealth.
Another act of May 25, 1897 * established a commission of
five persons and imposed upon them the duty of examin-
ing and acquiring for the state three forest reservations of
forty thousand acres each, situated on the watersheds of
the Ohio, Delaware and Susquehanna Rivers.

An act of April 28, 1899,‘ authorized the purchase of
unseated lands that had not been advertised for the non-
payment of taxes upon such terms, not exceeding $5.00
per acre, as might be agreed between the owners and the
commissioner of forestry, subject to the approval of the
Governor and three other state officials constituting a
Board of Property.

Michigan. On June 27, 1887 * the Michigan state
board of agriculture was constituted an independent com-
mission for inquiry into forestry conditions within the
state, and town supervisors were required to report to this
commission forest information appertaining to their re-
spective towns. The next legislature, to which this com-
mission submitted a report, instead of adopting construc-

. Session Laws, Pa., 1895, No. 8, p. 17.

. Session Laws, Pa., 1897, No. 10, p. 11.

. Session Laws, Pa., 1897, No. 69, p. 86.

. Session Laws, Pa., 1899, No. 81, p. 98.

. Session Laws, Mich. 1887, No. 259, p. 336.

Cr ONE

14 FOREST LAW IN AMERICA

tive legislation, repealed the sections of the act of 1887
that imposed duties upon town supervisors,! and the
following legislature repealed the remainder of the act. ?
The decade following witnessed no legislation in the line
of a state forest policy in Michigan. *

On June 7, 1899 4 the legislature created a permanent
forestry commission of three to make a thorough inquiry
into the condition of timberlands in the state, the extent
of the diminution of forested areas, the effects of the re-
duction of forest area upon streams and climate, and the
amount of the yearly timber growth and consumption.
This commission was required to submit to the legislature
which was to meet in 1901 a draft of a bill suitable to the
needs of the state in the form of forestry law. The act
also authorized the withdrawal from sale of two hundred
thousand acres of state lands, and allowed the commissioners
to receive by deed from private parties lands which they
considered suitable for state forest reserves.

Maine. By an act of March 25, 1891 ° the legislature
of the State of Maine made the state land agent state forest
commissioner, and imposed upon him the duty of collect-
ing information as to the extent of fire loss and other forest
waste, the diminution of forest areas in the state, and the
effect upon watersheds. The provisions of the act regard-
ing the suppression of fires, the prevention of fires by rail-
roads, and the steps to be taken to create an interest in
the protection and extension of forests, were similar to
those in the New York Act of 1885. The selectmen were
made fire wardens for their respective towns, with au-
thority to call out citizens to suppress fires. The provisions
in this act that the commissioners of counties in which there
were unorganized places might, if they deemed it necessary,
appoint fire wardens to be paid by the counties was amen-
ded by Act of March 9, 1893 ° so as to make the appoint-
ment of one or more wardens by such county commissioners

. Act July 3, 1889, Mich., 260, p. 38.

. Act June 12, cone 3 he Mich., No 1273 ps 154

Cf. Act May 31, 1895, s. Ei, No. 222, p. 514, providing for acceptance and manage-
ment of Mackinac Island State Park.

. Public Acts 1899, Mich., No. 227, p. 355.

. Session Laws, Me., 1891 ch. 100 p. 90.

. Session Laws, Me., 1893, ch. 192, p. 207.

Onr WHR

ADMINISTRATION BETWEEN 1885 and 1900 15

mandatory. Such wardens were to be paid by the county,
and persons called by them to render aid were to be paid
one-half by the county and one-half by the owner of the
lands upon which the fire occurred.

New Hampshire. By a joint resolution of August 16,
1889 ! the legislature of New Hampshire directed the ap-
pointment of a commission of three persons to examine
into the feasibility of a purchase by the state of the whole
or any portion of the timberlands situated upon the hills
and mountains of the state. Four years later? a forestry
commission of five members was created with duties as to
educational work similar to those vested in the forestry
commissioners of New York, and with authority to pur-
chase lands for public park purposes whenever private
parties should furnish funds for such acquisition and with
the duty of prescribing regulations for the protection of
such lands. One of the commissioners, who was to act
as secretary, was to receive a salary of one thousand dol-
lars per annum, and the others the expenses necessarily
incurred in the performance of their duties. The select-
men of towns were made fire wardens, with the duty of

summoning assistance for the extinguishment of forest
fires.

Minnesota. Aside from laws providing for bounties to
those planting forest trees, little interest was manifested
by the legislature of Minnesota in the matter of preserva-
tion and protection of forests within the state prior to 1895.

In the autumn of 1894 very disastrous forest fires occurred
in the northeastern portion of the state resulting in serious
loss, both of property and of lives, in the town of Hinckley,
Minnesota. Aroused to action by this holocaust, the
question of forest fire control received attention in the suc-
ceeding session of the state legislature.

By act of April 18, 1895 * the state auditor was made

1. Session Laws, N. H., 1889, else 1525p. 139:

2. Act March 29, 1893. S. L., H. ch. 44, p. 36.

3. Session Laws of Minn., i806. ch. 196, p. 472. Chapter 106 Minnesota Laws of
1895 provided for the administration under the name of Itasca State Park of
the lands which had been granted to the state for park purposes on August 2.
1892 (27 Stat. L., 347.) See amendments in chapter 304, of 1899; chapter 134,
1901; chapter 218, of 1908, and chapter 258, of 1903; and cf. chapter 169, of 1895,
creating an interstate park on St. Croix River.

16 FOREST LAW IN AMERICA

state forest commissioner with authority to appoint a
deputy to be known as chief fire warden. These officials.
were charged both with the duty of preventing and sup-
pressing forest fires, and that of directing forestry investi-
gation and popular education. This act like the New
York act of 1885 made supervisors of towns, mayors of
cities, and presidents of villages, fire wardens, and pro-
vided for the appointment of other wardens where needed.
Wardens were given authority to call out residents, under
penalty of a fine, to assist in controlling fires and were
authorized to arrest without warrant persons found vio-
lating the provisions of the act. This law provided penal-
ties for one who should maliciously, willfully or negligently
injure another through firing the woods either upon his
own land or that of another, or who should even endanger
life or property by the setting of fires near forest lands and
leaving it unquenched. It required railroads to clear com-
bustible material from rights of way, use spark arresters,
and furnish men for assistance in suppressing fires.

An act of April 13, 1899 ! designated as forest reserves all
tracts which should be set aside or acquired by the state
legislature, donated to the state by private parties, or
granted to the state by the federal government for forestry
purposes. The act created a forestry board of nine mem-
bers chosen in such manner as to be very representative of
the various interests of the state. The care, management
and preservation of the state forest reserves was vested in
this board, which was required to ascertain and apply
the best methods of forest use, protection and conservation,
and to publish forestry information for the benefit of the
people of the state. Provision was made for town and county
forest boards. The act also contained very detailed pro-
visions for the dedication of private lands to state forest
purposes, and the distribution for public purposes of the
proceeds derived from the leasing or sale of lands or of
timber upon state forest reserves.

Wisconsin. Spurred to action by the disastrous forest
fires of 1894, the legislature of Wisconsin also made a be-

1. Session Laws, Minn., 1899, ch. 214.

ADMINISTRATION BETWEEN 1885 and 1900 17

ginning in a state forest policy by an act of April 17, 1895. !
This act made the chief clerk of the state land office state
warden, and an assistant clerk deputy warden, but allowed
them no additional compensation. It was made their
duty to supervise town fire wardens, and to formulate and
publish regulations for the protection of the forests of the
state. ‘Town supervisors and road superintendents were
made town fire wardens. Provision was made for the
payment of fire wardens and those employed by them to
assist in extinguishing fires, but the amount to be annually
expended by a town was limited to one hundred dollars.
The act contained new provisions regarding the setting of
fires that endangered timber, with special sections as to
hunters and railroads. This act was amended on April
27, 1897 ? to authorize the state warden to appoint a fire
warden in each organized town of the state who should have
the power to summon residents of a town or of the immediate
vicinity of a fire under penalty for a failure to respond.
The annual expenditure for fire control purposes was limited
to one hundred dollars for each thirty-six sections of land.
The law was amended again on May 4, 1899 * to limit the
number of wardens to be appointed to the towns within
certain designated counties, except when a request for
such appointment was presented to the state warden by
the board of supervisors of other counties.

An act of April 14, 1897 4 provided for a commission of
three to devise plans for the organization of a forestry de-
partment to manage the state lands suitable for timber
culture and the practice of forestry. The terms of this
act as to the scope of the inquiry indicated a purpose to
establish state forests upon a substantial and profitable
basis, but no definite legislative policy was formulated
prior to 1900.

Montana. A Montana act of March 7, 1893,° as
amended by anact of March 6, 1897, ® authorizing the sale

1. Session Laws, Wis., 1895, ch. 266, p. 522.

2. Session Laws, Wis., 1897, ch. 362, p. 932.

3. Session Laws, Wis., 1899. ch. 353, p. 662

4. Session Laws, Wis., 1897, p. 438. Amended Laws of 1899, p. 88,
5. Session Laws, Mont., i853, DP. 46.

6. Session Laws, Mont., 1897, p. 193.

18 FOREST LAW IN AMERICA

of timber from state public lands, provided that no live
timber less than eight inches in diameter twenty feet from
the ground, except lodgepole pine and bull pine, should be
sold, and required that all timber should be cut under regu-
lations for the preservation of timber and the prevention
of fires.

Utah. Section one of article eighteen of the first state
constitution of Utah was identical with the provisions of
the Colorado constitution of 1876 regarding the care of
forests within the state. A Utah act of April 2, 1896,
authorizing the state board of land commissioners to sell
timber from unsold, unleased or unreserved lands, pro-
vided that no contract of sale should entitle the purchaser
to cut, use, injure or destroy trees under eight inches in
diameter at the butt, except of certain named species, and
required such disposal of the brush as was necessary to
protect young timber from fire. The same act °* directed
the commissioners to reserve from sale such timberlands
as they deemed necessary to preserve the forests of the
state, prevent a diminution of the flow of rivers, and aid
in the irrigation of arid lands.

North Dakota. In 1891 * the newly formed state of
North Dakota created the office of “State Superintendent
of Irrigation and Forestry,” at an annual salary of one
thousand dollars and an allowance of five hundred dollars
for expenses. This official was required to explain to the
people the economic advantages of forestry practice and
to aid in the promotion of tree culture, and in 1897,* a
state school with the special duty of giving instruction re-
garding forestry science, called the North Dakota School of
Forestry, was established by the legislature.

Oregon. An Oregon act of February 20, 1893° con-
tained very full provisions regarding the unlawful setting
of fires; and an act of February 18, 1899, ® providing for

1. Session Laws, Utah, 1896, (1st Leg.) p. 243, sec. 20 and 21.
2. Session Laws, Utah, 1896, p. 250, at 43. Amended, Laws 1899, p. 93.
3. Session Laws, N. Dak., 1891, ch. 76, p. 21

5. Session Laws, Ore., 1808, p. 45.

3
4. Session Laws, N. Dak., 1897, ch. 129, p. 300: cf. S. L. 1907, ch. 100
)»
6.

Session Laws, Ore., 1899, p. 132 (Fires, secs. 15, 16, 21, 22.)

ADMINISTRATION BETWEEN 1885 and 1900 19

the appointment of a forest, fish and game warden at a
salary of twelve hundred dollars and expenses and other
game officials, required these officers to extinguish forest
fires.

General Educational Provisions. In North Carolina on
March 7, 1891; in New Jersey on May 1, 1894; ? in West
Virginia on Feb. 26, 1897, * and in Wisconsin on April 22,
1897,4 laws were enacted requiring the study of the forests
of the respective states by those engaged in making geologi-
eal surveys of the state.

Subsequent to 1875 courses of lectures in forestry science
were given in a number of American colleges, and the close
of the century was marked by the establishment at Cornell
University, in the State of New York, of the first American
forest school of collegiate rank. °

. Session Laws, N. C., 1891, ch. 417, p. 483.

. Session Laws, N. J., 1894, ch. 120, p. 178.

. Session Laws, W. Va., 1897, ch. 6, p. 38. See Laws 1903 ch. 50.

. Session Laws, Wis., 1897, ch. 297. cf. Ala. Code, 1896, sec. 2242; Iowa Code, 1897,
sec. 2499: Minn. Stat. 1894, sec. 3928; Mo. Rev. Stat., 1899, sec. 7503 (all requir-
ing investigation of forest resources by State geological survey).

. Act March 26, 1898, S. L. ch. 122, p. 230.

PWNe

on

CHAPTER II

Legislation for the Prevention and Control of

Forest Fires Enacted in American Colonies,

Territories and States Prior to the Year Nine-
teen Hundred

THE DEVELOPMENT OF FOREST FIRE LEGISLA-
TION PRIOR TO THE YEAR 1885

As early as July 26, 1631 ' the setting out of fires, except
within a certain portion of the year, was forbidden in the
Massachusetts Bay Colony under pain of the payment of
damages and of Fi ay penalty as the court should see fit to
inflict. The need of statutory regulation of the manner in
which fires should be set in field and forest was felt even
more keenly as settlement increased, and during the colonial
period several laws regarding the firing of woods were enacted
in Massachusetts. Laws of the same character were passed
prior to the American Revolution in New Hampshire,
Connecticut, Rhode Island, New York, New Jersey, Penn-
sylvania, Delaware, and North Carolina. ?

The earlier statutes were directed largely toward the
prevention of the destruction of life and of property that
had been accumulated by human effort, but as years passed
the protection of growing timber from fire received an in-
creasing attention in the framing of such laws. A Massachu-
setts Act of January 15, 17432 specifically mentioned
the damage caused by fire to young tree growth and to
the soil as a justification for the restrictions against the
setting of fires.

Many of the early laws permitted the setting of fires

B dnGrose Lopiaistioin ier Arnerien spelon to. Wiarchapulgea irc ianeae G oetaniUn te eneee

Agr. Exp. Sta. Bulletin No. 370 pp. 363-370.
3. Acts and Resolves, Province Mass. Bay, Vol. 3, p. 40.

20

FIRE LEGISLATION PRIOR TO 1885 Dil

during the open season only on condition that a due warn-
ing was given to adjoining land owners. Laws making one
liable for all damages or for one and one-half times the
damage caused by the escape of fire from his own land to
the damage of another were enacted early in several colo-
nies, ! and several of these placed upon the defendent the
burden of proving his innocence after the submission of
evidence making it highly probable that he was at fault.

The provisions in the earlier laws excepting one from
liability for damage caused another through the escape of
a fire set in the open season and after due notice were ulti-
mately found to be unsatisfactory, and full satisfaction for
all damages caused another was insisted upon where the
loss could be traced to a deliberate act in the setting of the
fire. ?

The early statutes in several colonies made the setting
of fires upon the land of another, or on common land, a
criminal offense.* The legislation regarding the unlawful
firing of the woods enacted subsequent to the close of the
Revolution was marked by more severe penalties. 4

A new feature in forest fire legislation appeared in a
New York act of December 17, 1743.5 This act, which
applied to four counties only, empowered any person who
should discover a fire in the woods to summon all of the
neighboring and adjacent inhabitants to assist in the ex-
tinguishment of the fire, and imposed a forfeit of six shill-
ings upon any person so commanded who should refuse,
neglect or delay to render assistance. In 1658 ® the provi-
sions of this act were extended to the whole state. A fur-
ther advance was made in a New York act of November 8,
1760,’ providing for the election of firemen in each town or
manor of Albany and Ulster Counties who were charged
with the duty of extinguishing forest fires and empowered
to summon residents to assist them. After the institution
of a state government a new act of March 12,1788 * im-

i

egy 1633; N. Y., 1665; N. J., 1717; Conn., 1733; Penn., 1735; Del., 1741;

a LOOs

» Conn, 1733: Penn:, 1735" N. J., 1740: Del... 17412 N. Y., 17433 R. 1., 1750.
Mass., 1638; Conn., 1656; N. Y., 1665, N. H., 1680; N. J., 1683; R. I., 1704; Del.
TSO NERO se irae

Laws of N. C., 1782, ch. 29; Mass Act Mar. 11, 1785; N. Y. Act Mar. 12, 1788.

Colonial Laws of New York, Albany, 1894, Vol. 3, p. 318 (chap. 750).

Colonial Laws of New York, Vol. 4, p. 304 (ch. 1075.).

. Colonial Laws of New York, Vol. 4, p. 508, ch. 1142.

Laws of New York, Greeleaf, 2d Ed., N. Y., 1798, Vol 2, p. 187, ch. 71.

DIDI gon

22

FOREST LAW IN AMERICA

posed the duty of extinguishing forest fires upon justices of
the peace, town supervisors, highway commissioners, and
officers of the militia, and authorized such officials to sum-
mon inhabitants under a penalty of four shillings for each
day of failure to report.

Soon after the institution of a national government new
legislation regarding forest fires was enacted in nearly all
of the original states, and as new territories and states
were formed, laws against the willful or careless setting of
fires were passed. !

12. Ala.

Ariz.
Ark.
Calif.
Colo.

Conn.

Del.
Dak.

Fla.

Ga.

Ida.
Til.
Ind.

Iowa

Kan.

Ky.

La.
Me.
Md.

Mass.

Mich.

Minn.

Miss.

Mo.

Mont.

Laws of 1852, ch. 23, p. 52; Laws of 1856, ch. 30, p. 19; Laws of 1868, ch.
38, p. 403, Act Mar. 28, 1873; Laws of 1875, ch. 343, p. 507: Act Feb.
13, 1879. S. L. p. 167; Act. Feb. 17, 1885, S. L. p 125.

Compiled Laws 1864-71, Albany, p. 95, sec. 144; same Comp. Laws
Detroit 1877, p. 96, sec. 380.

Act Nov. 2, 1808. Comp. Laws, Steele & Campbell, Little Rock, 1835,
p. 561; Act Feb. 3, 1875, S. L., p. 128.

Act Apr. 16, 1850, Statutes 1st Legis., p. 246, sec. 142. Act Feb. 13,
1872, S. L., p..96, Codes &St., 1876. Hittell, par. 13384; cf. 3344.

Laws of 1861, p. 317, sec. 129 (Same Rev. St. 1868, p. 235, sec. 178;
Gen. Laws 1877, p. 313, sec. 784.

Acts & Laws, Conn., Hartford, 1796. p. 422; Gen. St. 1835, p. 557. sec. 5,
Laws, Del., Newcastle, 1797. Vol. 1, p. 217: Act Jan. 23, 1827, ch. 11,
p. 28. See Rev. Laws Del. 1829, p. 273, and Rev. St. 1852, p. 142.
Gen. Laws Ist Terr. Ass., Yankton, 1862, p. 196; cf. Laws Dak. 1862-63,
p. 59, secs. 49 and 50; Act Jan. 5, 1869, S. L. ch. 18, p. 231.; Act Feb.

11, 1881, S. L. ch. 106, p. 174.

Act Feb. 10, 1832, Acts of Fla. to 1840, Duvall, Tallahassee, 1839, p. 123.
See Laws of Fla., 1868, ch. 4, p. 70, sec. 5.

Penal Code of 1817, Div. 11, Sec. 2. See Digest by Prince, 1822, p. 369;
Laws of Ga. .p. 194, sec. 5; Act Dec. 29, 1847; S. L., p. 296, Digest by
Cobb, 1851, p. 64.

Act Feb. 4, 1864. Laws 1st Terr. Ass., p. 471, sec. 148; Act Feb. 10, 1887,
Rey. St. 1887, sec. 6921.

Act Feb. 20, 1819, S. L., p. 384; act Feb. 14, 1823, S. L., p. 140. See
Rev. Code 1827, p. 155; Rev. St. 1874, p. 354.

Act Jan. 21, 1818, S. L., p. 361, ch. 75 (indictable). Act Jan. 10, 1823,
S. L., ch. 86, p. 439; Act Feb. 10, 1831, Rev. Laws 1831, ch. 26, sec. 97,
p. 198; Act June 14, 1852, Rev. St. 1852, p. 437, sec. 34.

Act Feb. 16, 1843, Rev. St. 1843, ch. 121, p. 501; Code 1851, p. 355,
sec. 2607; Act Mar. 21, 1862; S. L., ch. 53, p. 57; Act Mar. 16, 1878,
S. L, ¢h. 55, p. 48.

Statutes of Terr. Kan., 1855, p. 765; Act Feb. 9, 1859, S.L.,)p.421; Act Feb.
16, 1860, S. L.. p. 124, Comp. L. 1862, p. 567; Act Feb. 26, 1863, S. L.,
p. 53; Act Feb. 25, 1868, Comp. L. 1868, ch. 118, p: 1121; Act Feb. 17,
1872, S. L., ch. 129, p. 274.

Act Dec. 21, 1831, S. L. ch. 659, p. 97; Act Feb. 22, 1835, S. L., ch. 480,
p. 679; Act Feb. 7, 1840, S. L., ch. 246, p. 150; Act Jan. 29, 1846, S. L.,
ch. 107, p. 5; Rev. St. 1852, p. 275, sec. 5 and 6.

Act Nov. 2, 1808, Laws Terr. La., Jefferson City, 1842, ch. 64; Act Mar.
17, 1859, No. 234, p. 184.

Act Feb. 24, 1821, sec. 4 and 6, Laws Me., Brunswick, 1821, p. 59 and 60,
Portland, 1834, p. 58; Act Feb. 28, 1855, S. L., ch. 132, p. 134. -
Laws 1792, ch. 49; Act Jan. 15, 1799, Macey’s Laws of Md., Baltimore,

1811, Vol. 2, ch. 39, p. 443, Laws 1878, ch. 39.

Act Mar. 10, 1797, sec. 7; Act Mar. 16, 1805, Laws of Com. Mass., 1823,

Vol. 2, p. 128; Laws 1839, ch. 48, see Gen. St. 1860, p. 807, sec. 89 and
90; Apr. 19, 1882, S. L., ch. 163, p. 121.
Act Nov. 25, 1817, Laws Terr. Mich., Detroit, 1820, p. 143; Laws
Terr. Mich., Lansing, 1871, Vol. 1, p. 500; Act Mar. 12, 1827, Laws
T. Mich., 1874, Vol. 2, p. 310. See Rev. Laws State Mich., 1838, p.
215, ch. 9; Rev. St. Mich., 1846, ch. 45.

Act June 23, 1858, Pub. St. 1849-58, p. 715, sec. 49; Act Mar. 10, 1860.

Acts Feb. 16, 1828, Laws Miss. to 1838, p. 159; Dec. 24, 1833, and_ Feb.
24, 1848, Code Miss., Hutchinson, pp. 287, 294; Rey. Code 1857, ch.
28, p. 225.

Act Nov. 2, 1808, Laws Terr. La., p. 208; Act Dec. 30, 1824, Rev. Laws
1825, p. 798; Act Jan. 26, 1835, Rev. St. 1835, p. 624; Act Nov. 17,
1855, p. 1584; Act Mar. 3, 1857, S. L., p. 180; Act Apr. 13, 1877, Rev.
St. 1879, p. 329, sec. 1372.

Acts Ist Terr. Ass., 1864, p. 215, sec. 149; Act Jan. 12, 1872, Codified
Laws Terr. Mont., 1872, p. 310, sec. 178, 179; Act Feb. 15, 1881, Rev.
St. 1881, Appendix, p. 48.

(Footnote 1 concluded on next page)

9

FIRE LEGISLATION PRIOR TO 1885 23

The acts in the states and territories of the Mississippi

valley and the western plains region aimed especially to
prevent prairie fires which were very destructive of crops
and buildings,! while those of the southern states were
directed especially to the protection of stock? and of tur-
pentine orchards.* Many of the laws provided for an
open season for necessary burning,* and others allowed
necessary burning at any time if the fire were confined to
one’s own land.*® In several states a notice to neighbors
in advance of the setting of a fire was required, ° and in a
few the careless leaving of a fire unextinguished was made a

SCR ie oN

(Footnote 1 continued from preceding page)

Neb. Act Feb. 28, 1855, S. L., p. 196; Rev. St. Neb. Terr., 1866, p. 628, ch. 14,
sec. 162; Act Feb. 19, 1877, S. L., p. 3.

Nev. Act Nov. 26, 1861, S. L., p. 56; Act Feb. 19, 1879, S. L., p. 41 (Camp fires.)

INE EL: Act June 19, 1812, Laws of N. H., 1815, p. 319; Act July 8, 1862, S. L.,
ch. 2609, p. 260.

IN} Ji Act Nov. 24, 1794, Revised Laws 1800, p. 132; Amended Acts Mar. 3,

and 24, 1875, Rev. St. 1877, p. 422; Act Apr. 6, 1876, S. L., p. 83 (char-
coal pit or brush.)

N. M. Act Jan 31, 1861, Rev. St. 1865, p. 712; Act Feb. 18, 1882, ch. 61, sec. 6
and 7.

ING b'& Act Mar. 12, 1788, S. L., ch. 71; Rev. Laws, Albany. 1813, Vol. 1, p. 123;
Act Apr. 5, 1817, S. L., ch. 181; Rev. St. 1829, Vol. 1, p. 694; R. S.
1836, Vol. 1, p. 694; R. S. 1846, Vol. 1, p. 876.

ING. Act 1777, ch. 25, Pub. St., Iredell, Vol. 1, p. 246; ch. 29 of 1782,
ch. 38 of 1865-66. (Wagoner.)

ND: See Dakota.

Ohio Act Dec. 6, 1799, Laws 1st Ass. N. W. Terr, Cincinnati, 1833, ch. 104,
p. 245; Act Feb. 11, 1805, S. L., ch. 38, p. 210, (indictable), Laws of
Ohio, Vol. 14, ch. 49, p. 238; Act Mar. 8, 1831, Ohio Laws. Vol. 29, p.
144; Act Mar. 30, 1875, Ohio Laws, Vol. 72, p. 149; Rev. St. 1880,
sec. 6834, ‘‘willfully’’ omitted from sec. 1, Act Mar. 30, 1875.

Okla. Statutes Okla. Terr., 1893, sec. 2490.

Ore. Act Feb. 6, 1851, Stats. 2d Terr. Ass., p. 94, sec. 70; Stats. 1853-4, p. 196,
sec. 36; Act Oct. 19, 1864, Codes & Gen. Laws, 1887, sec. 1787.

Pa. Act Apr. 18, 1794, Laws Pa. 1810, Vol. 3, p. 139; Act Mar. 29, 1824,

P. L., ch. 91, p. 152; Act Mar. 26, 1867; Act Apr. 9, 1869, P. L., p. 786, |
No. 766; Act June 2, 1870, P. L., p. 1316, No. 1206; Act June 11, 1879,
P. L. p. 162, No. 76. Cf. Act May 19, 1871, S. L. p. 950 (Lycoming Co.)
if Pub. Laws 1798, p. 569; Pub. Laws 1844, p. 382; ch. 279, Laws of 1872.,
S. C. Act Mar. 13, 1789, Stat at Large, Vol. 5, p. 124, sec. 5; Act Dec. 21,
1857, Vol. 12, p. 617; Laws 1876, Vol. 16, p. 61. Cf. Act Dec. 18, 1891.
Vol. 20, p. 1125; Act Dec. 16, 1891, Vol. 20, p. 1045 (carrying torch.).
S-*Ds See Dakota. :
Tenn. Ch. 25 of 1777 and ch. 29 of 1782, Pub. Laws N. C. and Tenn., Nashville,
1815, p. 134, 156; Laws 1887, ch. 234. ;
Tex. Act Mar. 18, 1848, S. L., ch. 109, p. 138; Act Aug. 28, 1856, Paschal’s
Digest, 1878, Art. 2333; Act. Apr. 14, 1883, S. L., p. 102; Act Feb. 7,
1884, 8S. L., p.66.
Utah Compiled Laws 1876, p. 612, sec. 211.

Ver. Act Mar. 4, 1797, S. L., p. 190; Rev. St. 1840, p. 432, sec. 22; Gen. St.
1862, p. 673, sec. 38, Gen. St. 1870, p. 673.
Va. Jan. 16, 1802, Rev. Code Richmond, 1819, Vol. 2, ch. 253, p. 313; Act

Mar. 6, 1835, S. L., ch. 65, p. 46; Act Mar. 14, 1848, ch. 4, D. 100,
sec. 9 and 10 (Criminal Code); Act Mar. 14, 1878, S. L., ch. 311, Sub.
ch. 3, sec. 7 and 8, p. 287; Act Apr. 21, 1882, S. L., ch. 66, p. 402.
Wash. Act Nov. 6, 1877, S. L., p. 300; Act Mar. 15, 1890, Laws Ist St. Leg., D-
127, sec. 9; Act Mar. 7, 1891, S. L., p. 226, (State & U. S. Lands).
W.Va. Code of 1868, p. 682, sec. 7 and 8; from Va. Acts of 1835 and 1848. Act
Mar. 29, 1882, S. L., p. 475, sec. 5, 8 and 9, ch. 148.

Wis. Stats. Terr. Wis. Albany 1839 p. 356 sec. 40; Rev. Stat. 1849 p. 697
eee Act Mar. 19, 1873 S. L. p. 643; Rev. St. 1878 _p. 1045 sec.
406.

Wyo. act Nov. 23, 1869 Gen. Laws Wyo. Terr. 1st Sess., p. 424; Acts 1879,
ch. 87_ p.. 154.

Dak., 1862; Ill., 1819; Ind., 1818; Minn., 1858; Wis. Rev. St. 1839.

INS Cre cigs

Ala., 1856 1879; Ga., 1847; S. C. 1876.

Ala., 1852; Colo., 1861; Dak., 1862; Del., 1827; Miss. 1828; Ohio 1799; TeX-
1848; Wyo., 1869.

Miss. 1828; Mo., 1808; N. M. 1861; S. C. 1789; Wash. 1877.

ee ee 1835; Dak., 1861; Fla. 1840; Ill. 1819; Ind., 1818; Ida., 1864;

2A FOREST LAW IN AMERICA

misdemeanor. ! Several acts excepted from the penalties
persons who set a back fire to protect their own property.
The statutes generally provided either for compensatory *
or multiple? civil damages for any loss caused another
through the unlawful setting of a fire. In many states
separate penalties were imposed for the negligent permitting
of a fire to escape and for the willful and malicious setting
of a fire,® while others classed both offenses together but
gave a latitude as to minimum and maximum penalties to
be imposed. ® A few state statutes imposed penalties
only where the fire was deliberately set with an unlawful
motive,’ while others made a distinction in penalties be-
tween cases of willful firing in which damage was actually
done and eases in which no damage resulted. * Although
there were groups of states with similar laws, there were
essential differences in the laws of the different groups. °
In the various state laws the expressions “wilfully,”
‘negligently,’ ! ‘“‘wilfully and negligently,” ’ “wilfully
and deliberately,’ ‘‘wilfully and maliciously”; “‘un-
lawfully and maliciously’’; “wantonly and designedly”’ ;"®
“wilfully, maliciously and negligently”; ” “‘wilfully, ma-
liciously or wantonly,” !8 and “‘willingly and intentionally or
negligently and carelessly’ 1° were used to designate the
manner in which a fire must be set to render the one setting
it subject to the penalties of the law.

The majority of the thirteen original states had, through
experience in the colonial period, learned the difficulty of
proving the motive with which a fire was set, and had pro-

. Mont. 1872; Nev. 1879.

Calif., 1872; Kan., 1855; Me., 1821; Nev. 1861

. Ark. 1835; Colo. 1861; Dak. 1861; Ind. 1818; Iowa 1843; Kan. 1855; Me.
1821: Mich. 1817; Miss. 1828; Mo. 1808; Mont. 1872; N. M. 1882; N.C. 1782;
Ore. 1851; Pa. 1794;S.C. 1789; Va. 1835; Wyo. 1869.

. Ark. 1875; Calif. Code 1876; Mich. Rev. St. 1838; Mo. 1855; N. J. 1794; Ohio,

Ode

4

5. Col a 1861; Kan., 1855; Me., 1821; Code Mont., 1872; Va., 1878.

6. Dak., 1861; Ida., 1864; Tll., 1819; Ind., 1818; lowa, 1843; Ky. Rev. St., 1852; Mich.,
1817; Minn., 1858; N. M., 1861; Wis. Rev. St. 1849.

7. Ga., Prince’s Digest, 1822, p. 369; Fla., 1832; Kan., 1855: Mass., 1804; Md., 1799.

8. Laws Ark., Terr., 1835; Miss., 1828; Mo., 1808; Neb., 1855; N. J., 1794; Pa., 1794;
Wash., 1877.

9. Cf. Laws of northeastern, middle western and southern states.

10. Ark., 1875: Colo., 1861; Dak., 1869; Miss., 1828; Mo.. Tex., 1848: Wyo., 1869.

11. N. Y. Rev. Stat., 1829, Vol. 1, p. 696. Rey. Stat. 1836, Vol. oe 694; Rev. St.
1846, Vol. 1, p. 876.

2. Ill., 1819; Ind., 1818; Ohio, 1805.

3. Calif. Usii2t

4. Fla., 1868; Ga., 1833; Ore. 1851; S. C., 1857.

5. W. Va. Code, 1868.

6. Mont. Code, 1872; ef. ‘‘wanton and wilful’? in Pa. Act June 11, 1879, P. L, 162.

17. Ohio, 1875.

18. Wis. Rev. St., 1878.

19. Ariz. Comp. L., 1871; Dak. 1862; Minn., 1858; Neb. 1861; Nev., 1861.

FIRE LEGISLATION PRIOR TO 1885 25
vided penalties for the setting of a fire except under certain
conditions, the law assuming an improper motive unless
justification could be shown by the offender. While the
earlier laws in western and southern states allowed much
freedom, the later laws in nearly all states made it unlaw-
ful to set a fire on the land of another, on public land, or
on one’s own land, except where a proper motive and an
apparent freedom from danger obtained, and there was a
tendency in most states to increase the penalties for the
unlawful firing of the woods, or to change the offense from a
misdemeanor to a felony. '

Several states adopted provisions similar to those con-
tained in the New York act of March 12, 1788, and subse-
quent laws, imposing upon certain public officials the duty
of summoning citizens to assist in the extinguishment of
forest fires. 2 One of the most comprehensive and restric-
tive laws of this character enacted prior to 1885 was the
Iowa act of February 16, 1843. This act authorized the
boards of county commissioners to lay off counties into
fire districts and to appoint a fire warden in each district.
Every person before setting a fire was required to obtain
a written license from a fire warden. This license muste -
pressly state where the fire was to be set, and the restric-
tions which the warden considered necessary for the se-
curity and preservation of crops. The wardens were re-
quired to superintend all such burnings, and to prevent
the spread of fire beyond safe bounds. The supervisors
of roads were to perform fire duties under the direction of
the wardens. The wardens were authorized to summon all
able-bodied male citizens to assist in the control of fire under
pain of a fine for refusal or neglect to respond. Boards of
county commissioners were to fix the pay of the wardens
who, as in several other states, were subject to a fine for a
refusal to serve. The escape of a fire set within an inclosure,
without a license, would subject one to the penalties of the

te eee Hee Mo, 1857; Neb., 1877; N. H., 1862; Ohio. 1875; Pa., 1824, 1869, 1879;
pi. Vid ws So-
2. Ky., Act Feb. 7, 1840; N. J., Act Nov. 24, 1794; Rev. Laws 1800, p. 132, sec. 2;
Rev. St. Mich., 1838, p. 215, sec. 2 and 3; Iowa Act, Feb. 16, 1843, Rev. St.
< 1843, ch. 121, p. 501; Pa. Act June 2, 1870. P. L. No. 1206, p. 1316; Mass. Act
May 11. 1874, S. L. ch: 228, p. 153; Ohio Act Mar. 30,1875, S. L., Vol. 72, p. 149;
Calif. Codes & Stat., 1876, Hittell, sec. 3345.

26 FOREST LAW IN AMERICA

act in the form of a fine of tive dollars to one hundred dollars
and liability for all damage caused.

The fire damage caused by hunters was early noted.
Some of the early laws restricting the use of fire by hunters
in southern states were evidently not directed to a conser-
vation of timber, ! but as early as 1843 in Iowa,? 1855 in
Maine, * 1862 in New Hampshire, ‘ 1875 in New Jersey, °
and 1877 in Washington, ° specific restrictions against the
setting of fires by hunters were enacted.

The preamble to a Pennsylvania act of April 9, 18697
recited the public loss involved in the burning of timber and by
an act of June 2, 1870 the legislature of Pennsylvania
made it the duty of county commissioners to appoint per-
sons to be paid from county funds to ferret out and bring
to punishment persons who set fire to the woods and to
extinguish fires.

Subsequent to the advent of the steam railroad in America
lawsimposing a special liability for damages resulting from
a fire set by a locomotive or by the employees of a railroad
were enacted in many American states as railroad construc-
tion extended from the Atlantic to the southern, middle-
western and far-western states.’ Almost universally such

1. Ala. Act Feb. 10, 1803, and Act Dec. 12, 1822.
Ga. Act Dec. 10. 1790, Prince’s Digest, 1822, p. 341.
INELC: S. L. 1773, ch. 18 in Rev. Acts N. C. 2 Pao 552° S.ib. 1784, chases:
S.C. Act Mar. 28, 1778, No. 1075, and Act Oct. Te 1785, No. 1299, Stat. at
Large, Vol. 4, pp. 411 and 719; Act March 13, 1789, No. 1463, sec’ 1-5,

Stat. at Large, Vol. 5, p. 124.

2. Act Feb. 16, 1843.

3. Act Feb. 1855, S. L., ch. 182, p. 134.

4. Act July 8, 1862, S. L., ch. 2609, p 260. Gens St. 1867, p. 525, sec. 4.

5. Act Mar. 24, 1875, S. L., ch. 210, p. 39.

6. Act Nov. 6, 1877, sec. 4.

7. Pamphlet Laws 1869, No. 766, p. 786.

8. Pamphlet Laws 1870, No. 1206, p. 1316.

9. Ark. Act Feb. 3, 1875, S. iG p. 133 (Covers all property, fire not mentioned.)
Colo. Act Jan. 13, 1874, S. 1h p. 224; Act Feb. 11, 1879, S L., p. 73;.Act Feb.

27, 1883, p. 198 (plowing of strip required. )
Conn. BOW Stat., 1849, p. 84; Act Apr. 12, 1881, S. L., ch. 92, p. 48 (Insurable
nterest. ’

Del. Act Apr. 5, 1881, S. L., ch. 380, sec. 2.

Ga. Act Mar. 5, 1856, S. L., 1855-56, p. 155

Tl. Act Mar. 29, 1869, S. L., p. 312.

Towa Code 1873, sec. 1289.

Kan. Act Mar. 24, 1870, S. L. ch. 93; Act Mar. 4, 1885, S. L. ch. 155, p. 258.
Me. Act Mar. 7. 1854, S. L. ch. 9, sec. 5 (Insurable interest) ; Act Feb. 29, 1868,

p. 126; Act Mar. 21, 1870, ch. 155 (repealed ch. 186 of 1868); Rev.
Stat. 1871, p. 455, sec. 32.

Md. Act Mar. 29, 1838, S. L. ch. 309; Act Mar. 30, 1839, S. L. ch. 244; cf. S. L.
1841, ch. 266; S. L. 1846, ch. 346.
Mass. Act Apr. LO MISS AS. le, ch. 226, secs. 9 and 10 (insurable interest); Act

Mar. 23, 1840, S L. ch. sec. 1; S. L. 1864, ch. 229, sec. 34; Act May
26, 1871, S. L. ch. 381, cee aoe Act June 27, 1874;S. is ch. 372, sec. 106.

Mich. Act May 1, 1873, S. L. No. 198, p. 539.

Minn. Act Mar. 9, 1874, 8S. L., ch. 30, p. 155 (No insurable interest.).

Mont. Act Feb. 23, 1881 (to ‘clear right of way, or liable); Comp. Laws 1887,
sec. 719, p. 830. Same code 1895, sec. 952.

Neb. Cf. Laws 1879, p. 137; Laws 1883, p. 284, requiring plowing and burning

along public roads.
(Footnote 9 concluded on next page)

FIRE LEGISLATION PRIOR TO 1885 OA

laws made the fact that a fire had been set by a locomotive
prima facie evidence of negligence, and placed upon railroad
operators the burden of proving due care on the part of the
corporation and its employees if it were to avoid responsi-
bility for the damages suffered. In a few states the lability
was made absolute, irrespective of the question of due care.
Because of the unusual responsibility imposed, either the
original law or subsequent enactments in Connecticut,
Maine, Massachusetts, New Hampshire, New Jersey, South
Carolina and Vermont afforded those operating railroads
an insurable interest in the property along the right of way
as to which liability for fire damage existed. Later statutes
in several of the states in which liability was made abso-
lute gave the railroad operators the benefit of insurance
that had been effected by the owners.! A few states like
Michigan and New Jersey in the acts of 1873 specifically
provided that a railroad might offer as evidence of due
eare that the smoke stacks of its locomotives were properly
screened and its fire-boxes carefully managed. These laws
were especially intended as a protection for buildings,
fences and similar improvements, but were broad enough
to include hay, grain and growing timber. Because of the
frequency of prairie fires set by locomotives, the laws in
Colorado, Montana and New Mexico were of exceptional
character. Thus the Colorado act of 1874 required that each
year between July fifteenth and October first every rail-
road operating within the state must “‘piough as a fire
guard a continuous strip of not less than six feet in width”’
on each side of each road and adjacent to the boundary
lines of its right of way, or one hundred feet distant from
the center of the track, if the railroad owned that far. Lands

(Footnote 9 concluded from preceding page)
N. H. Rev. Laws 1842, ch. 142, sec. 8 and 9 (insurable interest); From Act Dec.
10, 1840, S. L. ch. 561. Samein Comp. Laws 1853, ch. 150, sec. 59 and
60; Act June 25, 1861, S. L. ch. 2489 (gave railroad benefit of insurance
by owner.).
J Act Apr. 6, 1865, S. L., ch. 481, p. 901; Act Apr. 4, 1873, S. L. p .155; Act
Mar. 27, 1874 S. L. p. 112.
VY. M. Act Apr. 1, 1884, S. L. ch. 34.
C. Act Feb. 9, 1882, 8. L. No. 595, Stat. at L., Vol. 17, p. 830, sec. 100 (in-

surable interest.). See Code S. C. 1912, sec. 3226.

Vt. Act Nov. 13, 1849, S. L. No. 41, secs. 61 and 62 (osurable inverse’) same
comp. Laws 1850, p. 204; Gen. Stat. 1870, 2nd Ed. p.

Va. Act Mar. 13, 1884, S. L. p. 519, (cf. p. 704) steam soe ae oo highway to

have spark arrester.
Hao INTs, Je 0G Act June 25, 1861, S. L. ch. 2489.
Me. Act Mar. 12, 1895, S. L. ch. 79.
Mass. Act Apr. 18, 1895, S. L. ch. 293.

28 FOREST LAW IN AMERICA

within incorporated towns and in the mountains were ex-
cepted. <A failure to comply made a railroad liable for all
damages caused by fire, and to a fine of two hundred dol-
lars for each mile or fraction thereof not ploughed, for the
benefit of the school fund. The act of 1879 amended the
earlier act so as to authorize the board of commissioners of
any county to relieve a railroad from the obligation within
the county so far as they considered the ploughing unneces-
sary. The act of 1883 extended the last limit of the time
for plowing to November first.

The Montana act of 1881 required railroads to keep their
right of way clear of all combustible material on each side
of the track for the whole width of land owned by the rail-
road up to a distance of one hundred feet. A failure to
plow was to constitute prima facie evidence of negligence.
The New Mexico act of 1884 vested in the officials of each
county the authority to require the plowing of a strip along
each side of a railroad right of way.

A Michigan act of May 31, 1881 (S. L. No. 183) required
that all vessels using wood for fuel and navigating waters
of the state must be provided with suitable screens on the
smoke stacks to prevent the escape of fire. Failure of any
one operating such a boat to comply with the law was made
a misdemeanor punishable by a fine of one hundred dollars
and thirty days imprisonment for each day of such failure
(See Comp. Laws of Mich. 1897, Vol. 2, ch. 145).

LEGISLATION ENACTED BETWEEN 1885 AND 1890

The year 1885 marks the beginning of a period of legis-
lative activity in American states regarding forest and
prairie fires. Although the laws in the western states were
directed chiefly to the prevention of injury to buildings or
crops through the setting of fires by railroads or the leav-
ing of camp fires, they should be considered as reflecting
the new viewpoint as to the losses caused by the careless
setting of fires.

In 1885. An Alabama act of February 17, 1885 1! amended

1. Session Laws, Ala., 1885, p. 125.

FIRE LEGISLATION BETWEEN 1885 and 1890 29

section 4428 of the Code of 1876 soas to make it a misde-

meanor to burn any forest of another negligently, the pre-

vious law having been limited to the negligent firing of a
pine forest used for the procuring of turpentine.

Two laws were enacted in Colorado in 1885, one provid-
ing new penalties for the willful or negligent firing of the
woods and severe penalties for the leaving of a camp fire
unextinguished,* the other authorizing county commis-
sioners and road overseers to arrest offenders against the
laws for the protection of the forests of the state. ”

A Kansas act of March 6, 1885 * provided that in all
actions against railroad companies for damages caused by
fires, the proof that the fire had been set by a locomotive
and that damage had resulted was to constitute prima facie
evidence of negligence on the part of the railroad com-
pany.

An Ohio act of April 9, 1885 * required that all companies
operating railroads within that state should equip every
locomotive with some device to guard against the emission
of fire and sparks, which device must be kept in good re-
pair and used during all months of the year except Decem-
ber, January and February. <A penalty of one hundred
dollars was provided for a violation of the act, and the court
of common pleas of each county was specifically empowered
to enjoin the use of any locomotives not properly equipped.

On May 15, 1885 °* the first comprehensive act for the
establishment, maintenance and protection of state forests
was enacted in the State of New York. For the care and
protection of the extensive forest preserve created by this
act provision was made for a warden, forest inspectors,
foresters and others, under the general direction of the
state forest commission, and all of these officers were em-
powered to arrest without warrant anyone found violating
the provisions of the act. Outside of the preserve as de-
fined by the act, town supervisors were made protectors
of state land, subject to the instructions of the commission,

Act Mar. 27, 1885, S. L., Colo., p. 164.

. Act Apr. 4, 1885, 8. ies ‘Colo., p. 299.

. Session Laws, Kansas, 1885, ch. T55 ape

. Session Laws, Ohio, 1885, p. 118. a ae ‘Gen. Code, Ohio, 1910, secs. 8966 and

oO ae

967.
. Session Laws, N. Y.. 1885 ch. 283, p. 482.

30 FOREST LAW IN AMERICA

with the duty of reporting all violations of law or regulations
to the district attorney. In towns in which the commis-
sion deemed it necessary, they might require the supervi-
sor to appoint one or more forest guards who should per-
form such duties and have such pay as the commission
might determine.

Every supervisor of a town in the state, not within the
preserve counties, was to be ex-officio fire warden, with
authority to divide towns into districts and appoint a warden
in each, and to prepare a town fire map at an expense of
five dollars. Town fire wardens were to receive not over
two dollars a day for actual services as a town charge, and a
fine of from five to twenty dollars might be imposed for a
refusal of anyone to obey a summons to assist in fire control.

Within the forest preserve counties all state forest officials
were to have the powers and duties of justices of the peace,
supervisors and commissioners of highways, under the exist-
ing law, as to the control of forest fires. Wardens and
supervisors were authorized to destroy fences, plow land,
or in case of great danger, set backfires, without lability
for trespass. They were required to report all fires of over
one acre in extent to the commission, with a statement of
the damage, and the commission was required to make a
consolidated fire report to the legislature annually. A fine
of five dollars was prescribed for the destruction of notices
regarding fires.

Railroad companies operating through waste or forest
land, or lands liable to be overrun by fires, were required
to burn off with proper care, or otherwise remove from
the right of way, all grass, brush or other inflammable
material twice each year. Within one year from the pas-
sage of the act, every locomotive on such railroads was re-
quired to be provided with a screen for thestack and a pro-
tective device for the ash pan. Employees of railroads were
forbidden to dump live coals in or near forest areas, and
required to report at the next stop any fire discovered on or
near the right of way. Railroad companies were required
to employ extra trackmen in dangerous periods, and they
and their employees were made liable to a fine of one hun-
dred dollars for any violation of the act.

FIRE LEGISLATION BETWEEN 1885 and 1890 ob

The willful or negligent setting of a fire on waste or forest
land belonging to the state or to another person, whereby
the said forest was injured or endangered, or the suffering
of a fire to spread from one’s own land to the injury of the
woodlands of another or of the state might be punished by a
fine of not less than fifty nor more than five hundred dol-
lars, or by imprisonment not less than thirty days nor more
than six months. The offender was also liable in a civil
action for all damages caused by the fire.

In 1886. A Wyoming act of March 8, 1886 1 required
every railroad company operating trains within that state
to plow a six-foot strip along each border of its right of way
each year between July first and September first, except within
towns and cities and in mountainous districts where the
plowing was impracticable or unnecessary. Any company
that should fail to plow strips as required was made liable
for all damage that should be caused by its locomotives,
and for a fine of one hundred dollars for each mile or frac-
tion thereof not plowed.

A Connecticut act of March 30, 1886 ? imposed a fine
or imprisonment for the setting of a fire on public land or
on the land of another without permission, the kindling of a
fire on one’s own land without first clearing away all com-
bustible material for a distance of six feet from where the
fire was to be set, or the leaving of a fire unextinguished or
uncovered. Fires kindled by the throwing down of a lighted
match, cigar or other burning material were declared within
the provisions of the law.

A Massachusetts act of June 16, 1886 * required the
selectmen of all towns to appoint fire wards annually in
March or April, or to act themselves as such, for the con-
trol of forest fires, and authorized them to hire others to
assist in suppressing fires.

In 1887. The year 1887 witnessed the enactment of a
new law in Idaho Territory ‘ making the leaving of a camp
fire unextinguished or the setting of a fire by a railroad un-

. Session Laws, Wyo., 1886, ch. ag p. 106.

. Session Laws, Conn., 1886,

. Session Laws, Mass., 1886, ae “Soe. Dp. 256.

. Act Feb. 10, 1887, sea Rev. Stat. Ida., 1887, sec. 6921.

PONE

32 FOREST LAW IN AMERICA

lawful; one in Dakota Territory ! extending to the entire
territory the act of February 11, 1881 ? making it unlawful
to set a fire in the open and not control it, or to leave a
camp fire unextinguished; and one in Missouri*® giving
railroad companies an insurable interest in property along
their right of way for which they were held responsible
under the railroad fire law. In 1887 Colorado* amended
its existing law regarding fire damage caused by railroads,
by providing for the appointment of appraisers by the
party injured and by the railroad to ascertain the damage
caused by fire. Although the law provided that the finding
of these appraisers might be accepted as evidence of the
damage, the appointment of an appraiser by a railroad
company was not to be construed as an admission of lia-
bility.

A California act of 1887 ° gave forest officers the authority
of peace officers in making arrests for offenses against
forest laws. The same year the legislature of Delaware °
passed a new and more stringent act regarding the unlawful
firing of the woods.

A Pennsylvania act of 18877 providing for the exemption
from taxation of private forest plantations, imposed a fine
of not over one hundred dollars for the “‘kindling of a fire
on forest land, or the carrying of a naked torch, candle,
lamp, or other fire, or discharging fireworks’ upon the land
of another without his consent.

A Tennessee act, approved March 29, 1887 * made it
a misdemeanor to violate any of the provisions of chapter
25 of the North Carolina laws of 1777, which was still in
force in Tennessee, and imposed a fine of not less than five
nor more than fifty dollars in addition to the forfeit of one
hundred dollars and the payment of actual damages as
provided by section 1704 of the Code of 1858 and section
2278 of the Code of 1884.

In 1888. A New Jersey act of March 23, 1888 ° was sub-

. Act Mar. 11, 1887, S. L., Dak. Terr., ch. 123, p. 305.
. Session Laws, 1881, Dak. Terr., ch. 106, p. 174.

Act Mar. 31, 1887, S. L., Mo., p. 101.

Act Mar. 31, 1887, S. L., Colo., p. 368.

. Session Laws, Calif., 1887, ch. 35, p. 46

Act April 18, 1887, 8. L., Del. Vol. 18, ch. 93.

Act June 1, 1887, 8S. L., Penn. p. 287.

. Session Laws, Tenn. 1887, ch. 234, p. 395

. Session Laws, N. J., 1888, p. 245.

QONID OUP CO NY et

‘

FIRE LEGISLATION BETWEEN 1890 and 1900 33

stantially the same as the Pennsylvania act of June 2, 1870,
for the suppression of forest fires, but was limited to towns
whose woodland was equal to forty per cent of the total
area of the town.

LEGISLATION ENACTED BETWEEN 1890 AND 1900

In New York. On February 25, 1890 ! chapter 283 of
1885 was amended. In towns outside of the preserve the
supervisor, who was ex-officio fire Warden, might create
two or more districts and appoint a warden in each. A
description of the boundaries of each district must be re-
eorded in the town clerk’s office, and the supervisor might
have a fire map prepared at a maximum cost of five dollars.
Wardens were to receive not exceeding two dollars per
day and those assisting them one dollar for fire control.
Within the forest preserve counties the forest commission
was to appoint wardens who should be subject to all the
provisions applicable to supervisors and district wardens.
A fine of from five dollars to twenty dollars might be im-
posed for any failure of a citizen to respond to fire summons.

In a general act of the same year? regarding towns, it
was made the duty of justices of the peace, supervisors and
commissioners of the highway in each town to order out
the inhabitants liable to work on the highway and residing
in the vicinity of any forest fire to assist in extinguishing it.

The new forest administration act of April 7, 1893 °
gave to all state forest officers and employees the same au-
thority within any town in the forest preserve as justices
of the peace, supervisors and commissioners of highways
had in other towns of the state as to ordering out persons
to assist; and it was declared that all fire wardens should
be exempt from an action in trespass for destroying fences,
plowing furrows, and setting back fires as necessary to
control a forest fire. The compensation of those assisting
at a fire was raised to not over two dollars per day. The
supervisors of towns not within the preserve in which the
state owned wild or forest land were made the protectors

Session Laws, N. Y., 1890, ch. 11, p. 20.
2 Session Laws, N. Y., 1890, ch. 569, sec. 82, p. 1223.
. Session Laws, N. Y., 1893, ch. 332, p. 633, sec. ‘Oy. 120.

34 FOREST’ LAW IN AMERICA

thereof, subject to the instruction of the forest commission,
and were required to report all acts of spoliation to the
county district attorney, and to advise the commission of
the action taken. The commission might require the ap-
pointment of one or more forest guards in such towns and
prescribe their duties, and also appoint wardens in towns
of forest preserve counties with the same powers as super-
visors. All fires covering over one acre were to be reported
with a statement of the damage done.

Section 107 required that from the right of way of all
railroads passing through waste or forest land all inflammable
material must be removed twice each year; that all loco-
motives be equipped with efficient devices to prevent the
escape of fire from furnaces or ash pans and with a netting
of steel or iron over the stack; that no live coals be deposited
along the track; that engineers and trainmen report all
fires at the next telegraph station, and that the one in charge
of such station immediately report the information to the
nearest warden or forester. In seasons of drought, railroad
companies were required to employ sufficient trackmen to
extinguish fires and to concentrate their employees for
assistance in the control of any fire along the road. A for-
feit of one hundred dollars was fixed for any violation of
the provisions of this section. Section 113 contained the
same provisions as the act of 1885 astothe willful or negli-
gent burning of waste or forest land except that the pro-
visions for imprisonment were omitted.

An act of May 11, 1893, ! amending the penal code of the
state, declared every one guilty of a misdemeanor who
should (1) wilfully or negligently set a fire on the land of
another or of the state whereby damage was suffered, (2)
negligently fire his own lands in such manner as to endanger
another, (3) negligently suffer a fire lawfully set upon his
own land to spread so as to injure another, (4) or fail,
without lawful excuse, to assist in controlling a fire in the
woods to which he had been lawfully summoned.

The new forest, fish and game law of April 25, 1895 ?
contained, in sections 275 to 282 inclusive, the identical pro-
visions of sections 107 to 114, inclusive, of chapter 332 of

1. Session Laws, N. Y., 1893, ch. 692, p. 1721, sec. 413.
2. Session Laws, N. Y., 1895. ch. 395, p. 237.

FIRE LEGISLATION BETWEEN 1890 and 1900 3H)

1893, except that the words “the board of fisheries, game
and forests’? were substituted wherever the words ‘“‘the
forest commission’’ occurred in the earlier law.

On May 14, 1896 ! sections 276 to 281, inclusive, of
chapter 395 of 1895 were revised and amended to require
the board of fisheries, game and forests to appoint a fire
warden in each town of the forest preserve counties and in
towns where there was much exposure, or when directed
by the state board, such warden must divide the town into
districts and appoint a warden in each, whose names and
addresses, with a description of their districts, must be
recorded with the town clerk. A fire map of each town
costing not over ten dollars was authorized, the failure of
anyone to answer a summons to forest fire duty was fixed
at ten dollars, and full authority to enter any land and take
the action necessary to stop a fire was reiterated. Wardens
were to receive two dollars and fifty cents per day, and
those summoned two dollars, of which the state and town
were each to pay one-half. The maximum penalty for a
willful or negligent firing of the lands of the state or of
another person, or of negligently allowing fire to spread,
was fixed at a fine of two hundred and fifty dollars or im-
prisonment for one year, and the offender was liable civilly
for all damages. ?

Section two hundred eighty-one in the law as amended
made it unlawful to light a fire for clearing land, burning
fallows, stumps, logs, or fallen timbers, in certain desig-
nated towns of the Adirondack and Catskill region from
April first to June tenth, or from September first to Novem-
ber tenth, and required a notice of three days to a fire
warden and his written permission for any such fire set
between June tenth and September first. If such fire was
to be set near woodland it was the duty of the warden to be
present and to prevent the firing if the wind would make it
dangerous, or until the person desiring to set the fire had
sufficient help there to control the fire. The towns were
made liable for such services of a warden, but the state was
to reimburse them for one-half of the cost. A maximum

gp Session Laws, N. Y., 1896, ch. 655,

. 690.
. The penalty under sec. 281 of ch. 395 of 1895 had been $50 to $500 to the state,
and civil liability for all damages, but with no provision for imprisonment.

36 FOREST LAW IN AMERICA

penalty of three hundred dollars was provided for a viola-
tion of this section.

Ohio. An Ohio act of March 24, 1890 ! required all
companies operating railroads within that state to keep
the right of way clear of combustible material and, upon
failure of a company, after twenty days’ written notice, to
remove such material, an abutting owner might remove it
and collect a reasonable amount for such service. An act
of April 26, 1894, * declared that the setting of a fire by a
locomotive was to constitute prima facie evidence of negli-
gence.

Oklahoma. A general act of December 11, 1890 * in
Oklahoma was sufficiently broad to include the firing of
the woods within its provisions for penalties.

Washington. A Washington act of March 15, 1890 4
imposed a fine of from fifty to five hundred dollars and im-
prisonment for a period of from three months to one year
for the offense of maliciously and wantonly firing the lands
of another or of wilfully or negligently permitting a fire
to eseape to the lands of another; and an act of March 7,
1891 ° declared that anyone who should wilfully and
deliberately set fire to wooded land or forest belonging to
the state or to the United States, or fail to extinguish a fire
accidentally set upon, or so as to endanger, such land, or
should neglect a fire, set for a lawful purpose, so as to
burn such lands should be held guilty of a misdemeanor
and be subject to a fine of not over one thousand dollars
or imprisonment for one year, or both. All fines under this
act were to be used for the benefit of the public school.

Scuth Carolina. A South Carolina act of December 16,
1891 © made it unlawful to carry a lighted torch, chunk, or
coals of fire over or across any enclosed or unenclosed lands
of another without a special permit from the owner under a
penalty of thirty days or one hundred dollars.

1. Session Laws, Ohio, 1890, p.99. Samein Gen. Code, Ohio, 1910, secs. 8968 and 8969.
2. Session Laws, Ohio, 1894, p. 187. z

3. Session Laws, Oklahoma, 1890. See Stats. Okla., 1890, sec. 2518.

4. Session Laws, Wash., 1890, p. 127, sec. 9.

5. Session Laws, Wash., 1891, ch. 122, p. 226.

>. Session Laws, S. C., 1891, No. 676, p. 1045.

oa

FIRE LEGISLATION BETWEEN 1890 and 1900 37

Wyoming. A Wyoming act of January 8, 1891 ! re-
quired every railroad company to burn all inflammable
material along its right of way between September first and
November first of each year, with liability for all damages
and for a penalty of one hundred dollars for each mile not
burned. The act provided that the burned strip need not
extend more than two hundred feet from the track on either
side.

North Dakota. <A North Dakota act of March 9,1891 ?
aimed to reduce the loss from prairie and brush fires by
authorizing each board of county commissioners to appro-
priate county funds for the purchase of equipment for
fire breaks, and to divide the county into districts and ap-
point a fire warden in each. Road commissioners and fire
wardens might call out all persons subject to a road tax to
assist in making fire breaks, and those failing to respond
might be fined from ten to twenty-five dollars. Railroads
were required to burn or otherwise destroy all combustible
material in their right of way. The wilful, negligent or
careless firing of the woods, grain, or other combustible
material was declared a misdemeanor, for which a fine of
five hundred dollars, or one year’s imprisonment, might be
imposed.

On March 6, 1893 * the legislature of North Dakota
enacted a law which declared that the fact that a fire had
been set by a railroad locomotive was to constitute prima
facie evidence of a defect in equipment or, of negligence
in its use, and made railroads liable for all fire damage un-
less the same had resulted through the negligence of the
one injured.

Maine. On March 25,1891 ‘4 Maine established a sys-
tem of forest fire protection. The selectmen of organized
towns, or special wardens in unorganized towns, were
each to have charge of a fire district, and were authorized
to call out residents under penalty of a fine for refusal, but

ifs Rossing Laws, Wyoming, 1891, ch. 34, p. 136. See Comp. Laws 1910, sec. 4203-
4205

2: Session Laws, North Dabo 1891, ch. 93. See also Act Mar. 9, 1897, S. L., ch. 80;
Act Feb. 24, 1899 Tens oo and Compiled Laws, 1913, sec pe ‘2808.

3. Session Laws, N. D., ’ 1803, ‘ch. 102, 227. See Smith v. 'N. P. Ry 3 N.
f(a 83 INS Ww. Lis; ” holding the amano of negligence Natier this act one of
law and not for jury to determine.

4. Session Laws, Me., 1891, ch. 100, p. 90.

9

38 FOREST LAW IN AMERICA

no town was required to expend more than two per centum
of its valuation for taxation purposes. Hunters were re-
quired to use non-combustible wads, and all camp fires
must be extinguished. Forest officers were required to
report all fires covering over one acre in incorporated towns,
or two acres in unorganized districts.

The right of way of every railroad operated through waste
or forest land must be cleared of all combustible material
annually; locomotives must be provided with spark arrest-
ers; railroad employees were forbidden to deposit live coals
in forest areas, and required to report every fire at the next
telegraph station. Railroad companies were made pri-
marily liable for all damages to forests caused by employees
engaged in construction or maintenance work or in the
operation of trains. A fine of five hundred dollars and sixty
days’ imprisonment might be imposed on an employee for
violation of the act, and the railroad company was liable
to a fine of one hundred dollars for each violation.

This act was amended on March 9, 1893 } so as tomake
the appointment of wardens in unorganized districts man-
datory. A Maine act of 1891 ? made fish and game wardens
fire wardens, and one of 1899 * forbade non-residents of the
state to camp and kindle fires, except under the direction of
a registered guide, during certain months.

New Hampshire. The frequency of forest firesin New
Hampshire led to the enactment of a law on April 11,1891 4
authorizing the payment by the state of a reward of one
hundred dollars to anyone who should furnish evidence
leading to the conviction of any person who had wilfully,
maliciously, or through criminal carelessness, caused any
damage by fire in any forest, woodlot, pasture or field.
Section three of the New Hampshire act of March 29, 1893, °
establishing a forestry commission, contained substantially
the same provisions as the Maine act of 1891 regarding fire
wardens and their duties.

New Jersey. By actof March 23, 1892 °® township com-

1. Session Laws, Me., ch. 192, p. 207.

2. Session Laws, Me., ch. 108.

3. Session Laws, Me., ch. 42.

4. Session Laws, N. H., ch. 55, p. 365. (1891).
5. Session Laws, N. H., 1893, ch. 44, p. 36.

6. Session Laws, N. J., 1892, ch. 119, p. 205.

FIRE LEGISLATION BETWEEN 1890 and 1900 39

mittees of towns in New Jersey having a population of
less than fifty thousand were authorized to employ persons
as should be necessary to extinguish forest fires, and the
electors of such towns were enabled to vote such sum as
should be needed for this employment. An amendment
of May 14,1894 ! provided that where a town had voted
money for fire protection, the town committee should ap-
point a fire marshal at a fixed per diem, who might appoint
a deputy. It was made the duty of the marshal to assume
the direction of the work of extinguishing any forest fire
in his town.

A general act regarding the powers of townships in New
Jersey, approved March 24, 1899, ? repealed the acts of
March 23, 1892 and May 14, 1894 regarding forest fires
in counties of the third and fourth classes. This act pro-
vided that in any town that had raised money for the ex-
tinguishment of forest fires, it was the duty of the township
committee to appoint a suitable person as fire marshal and
determine his per diem. The marshal might appoint a
deputy to act in his absence. Whenever advised of a fire
in his town, or in an adjoining one imperiling his own, it
became the duty of the marshal to assume absolute di-
rection of all efforts to control the fire and to appoint aides
who should receive such compensation as the township com-
mittee should determine for services in their own town or in
an adjoining one. Each township committee was authorized
to have a fire map of the town made at town expense.

Oregon. On February 20, 1893 * a comprehensive act
regarding forest fires was enacted in Oregon. This act es-
tablished a fine of from twenty dollars to one thousand
dollars, or imprisonment from three months to a year, for
the malicious setting of a fire; ten dollars to one hundred
dollars for the setting of a fire on the land of another, with-
out his consent, if any damage were caused.

Hunters and fishermen who built fires on the land of
another without his consent (no mention of damage in
section) could be fined from ten to one hundred dollars,

Session Laws, N. J., 1894, ch. 194, p. 298.
2 Session Laws, ING les 1899, eh 169, p. 372, sec. 54, 55 and 56; for repeal see p. 421.
. Session Laws, Ore., "1893, p.

40 FOREST LAW IN AMERICA

and if any such fire were set with the purpose of injuring
another, a fine of not less than twenty dollars, or not over
two hundred and fifty dollars, and imprisonment from
three to twelve months, might be imposed. The willful
firing of the land of the state, of the United States, or of
another person, was declared a misdemeanor, subject to a
maximum penalty of one thousand dollars and imprison-
ment for one year. The net collections in fines were to be
divided equally between the informer and the county where
the action was brought.

This act was amended on February 18, 1899 ! to make
the fines payable to the state, and to give state forest and
game officials the power to arrest without warrant offenders
against the forest laws of the state. The latter act required
the governor to appoint a state game and forestry warden
for a term of four years, at a yearly salary of twelve hun-
dred dollars and expenses not exceeding five hundred dol-
lars, and provided for other officials at state expense.

South Dakota. A South Dakotaact of March 4, 1893 ?
authorized railroad companies to go outside of their right
of way to plow a fire guard upon adjoining lands by giving
due notice to the owners thereof, and provided for an as-
sessment of damages by three jurors drawn by the sheriff
for such duty. Railroads were given authority to burn
fire guards not exceeding two hundred feet on either side
of the right of way through state land.

Wisconsin. <A Wisconsinact of April 17, 1895,* making
the chief clerk of the state land office and his assistant ex
officio state forest warden and deputy state forest warden,
respectively, without additional compensation, placed upon
town supervisors and road superintendents the duty of
acting as town fire wardens, with extra compensation at
one dollar and fifty cents per day. They were to report all
fires to the state warden, and were authorized to employ
persons at town expense to assist in preventing or extin-
guishing fires, but no warden was to be allowed over fifteen

3 Beccion Tate spo 893, ch. Bo. See Oivil ode HOR Ee ae: (Railroads must

3.

make a fire guard outside their right of way.) Cf. Kentucky Act, 18
Session Laws, Wis., 1895, ch. 266, p. 522.

FIRE LEGISLATION BETWEEN 1890 and 1900 41

days, nor assistant over five days in one year, and the
total annual expense in any one town was not to exceed
one hundred dollars. Penalties of not over one hundred
dollars, or one month’s imprisonment, or both, might be
imposed, with liability for damages, for the wilful or negli-
gent setting of a fire or the leaving of one burning, and except
as should be necessary for camp purposes, no one should build
a fire in the forest during the months of July, August, Sep-
tember and October in any town where notices were posted
without the written permission of a fire warden. All per-
sons building necessary camp fires were required to exercise
due care, and to extinguish the fire before leaving, under
penalty of not less than thirty dollars or imprisonment for
not over six months. |

Railroad companies were required, under liability for a
fine of one hundred dollars, to clear all inflammable material
from their rights of way at least once each year, and to use
spark arresters sufficient to prevent the setting of fire “‘so far
as could reasonably be done.’ Railroad employees were re-
quired to avoid dropping live coals near forest land, and to
report at the next telegraph station any fires discovered on
or near the right of way. The companies were required
to instruct trackmen to extinguish fires, and to concentrate
them for control of fires of considerable size.

On April 27, 1897 ! chapter twohundred and sixty-six
of 1895 was amended to require the state forest warden to
report all offenses to the county district attorney, to ap-
point at least one forest warden in each organized town who
should attempt to suppress all fires in his own town or
within eighty rods of its borders when threatening his
town. He might summon residents at the expense of the
town at not over twenty cents per hour, but the total an-
nual cost for thirty-six sections must not exceed one hun-
dred dollars. A fine of ten dollars was fixed for the failure
of a warden to perform his duty, or of anyone lawfully sum-
moned to fail to report at a fire. Wardens were required to
report fires yearly, or oftener if requested by the state
warden.

1. Session Laws, Wis., 1897, ch. 362, p. 932. Cf. Wisconsin St. 1898, sec. 1636a.
(Supervisors to declare closed period.)

42 FOREST LAW IN AMERICA

The provision in the act of 1895 forbidding the building
of fires during July, August, September and October, with-
out a permit, was omitted. In lieu of this it was provided
that at any time that the wardens of a town believed it
dangerous to build fires, they should post notices forbidding
fires. The building of fires thereafter in such town, without
a permit, except to warm food, was unlawful. The penalty
for the leaving of a necessary camp fire was increased to
fifty dollars, or six months in jail. Railroad operators were
required to clear their right of way twice yearly, and to
transport wardens free of charge for purposes of inspection
as to their compliance with the law. The expenses of. the
state warden and his assistant were to be allowed, and an
additional compensation of three hundred dollars might be
allowed the chief clerk.

An act of April 26, 1899 ! required the secretary of state
to designate one of the clerks of the land commissioners as
state forest warden, and one of May 4, 1899 ? limited the ap-
portionment of fire wardens by the state forest warden to
one or more in certain named counties, except that wardens
might be appointed in any town of other counties upon the
request of the town board of supervisors.

Minnesota. The first progressive forest fire legislation
in Minnesota was the act of April 18, 1895.% This act
authorized the state auditor, who was to be ex-officio forest
commissioner, to appoint a deputy at an annual salary of
twelve hundred dollars as chief fire warden. The state fire
warden was to have general authority over all fire wardens
of the state. Supervisors of towns, mayors of cities, and
presidents of villages, were authorized as fire wardens to
summon persons over eighteen years of age to assist in the
extinguishment of forest fires, with a maximum penalty of
one hundred dollars, or three months in jail, for a refusal
to respond. These wardens, and those appointed by the
chief warden, especially for forest duties, were paid at the
rate of two dollars per day for not over fifteen days annually
two-thirds by the county and one-third by the state. They

1. Session Laws, Wis., 1899, ch. 258, p. 425.
2. Session Laws, Wis., 1899, ch. 353, p. 662.
3. Session Laws, Minn., 1895, ch. 196, p. 472.

9

FIRE LEGISLATION BETWEEN 1890 and 1900 43

were required to report all fires, and authorized to arrest
without warrant, persons detected violating the forest law.
The wages of those called out specially at the rate of one
dollar and fifty cents per day for not over five days annually
was to be paid by the counties, but the annual expenditure
of public funds by a county for fire protection purposes was
limited to five hundred dollars. Fines and imprisonment
were provided for the offenses of wilfully or negligently
firing the woods, and also for the use of combustible wads
in hunting, or the building of a fire or carrying of a naked
torch so as to cause risk of fire.

The act made it the duty of all railroad operators to use
efficient. spark arresters and keep their right of way clear
of combustible material for fifty feet on each side of the
center of their track between April fifteenth and December
first of each year. Employees of railroads were forbidden
to dump live coals or ashes along the tracks, and were re-
quired to report all fires at the next telegraph station. In
times of drought railroad companies must use especial
care, post placards, and concentrate help in ease of fire.
Cross ties might be kept along the track. For any viola-
tion of the act a railroad company was liable to a fine not
exceeding one hundred dollars, and an employee from five
to fifty dollars. Threshing engines were also required to
have spark arresters under penalty of a fine of from five to
fifty dollars. All fines collected became a part of the fire
fund of the county in which they were collected.

Pennsylvania. On March 30, 1897 ! the legislature of
Pennsylvania imposed upon all town constables the duty
of acting as fire wardens, with authority to summon resi-
dents of the township to assist them, under a fine of ten
dollars or imprisonment for thirty days, or both, for a re-
fusal to aid. The constables were to be paid fifteen cents
per hour, and those assisting twelve cents per hour, one-
half by the county and one-half by the state, but no county
was required to pay over five hundred dollars annually.
Constables were liable to a fine and imprisonment for fail-
ure to perform duties. An act of April 29, 1897 ? authorized

Session Laws, Pa., 1897, No. 7, p.
2 Session Laws, Pa., 1897, No., Day . 29.

44 FOREST LAW IN AMERICA

constables and other peace officers to arrest without war-
rant persons reasonably suspected of offending against the
laws for the protection of timberland. An act of July 15,
1897 ' amended theact of June 2, 1870 so as to require
the punishment of corporations, as well as persons; declared
the commissioners of a county liable to fine and imprison-
ment for a failure to perform their duty, and provided that
the state should pay one-half of the expenses incurred. A
game law of March 22, 1899 2 gave to constables the same
power to arrest those setting forest fires as was conferred
by the act of April 29, 1897, but did not mention the earlier
act.

Massachusetts. A Massachusetts act of April 9, 1897 ®
provided that in any town that should have ac-
cepted the provisions of the act at a meeting duly called
for such purpose, the selectmen should annually appoint a
forester for a term not exceeding one year to have the care
of all public shade, ornamental and forest trees. The
forester thus appointed in any town was to be the chief
forest fire ward for the town and might appoint such depu-
ties as he should deem expedient. The powers and duties
imposed upon forest fire-wards by chapter two hundred and
ninety-six of the laws of eighteen hundred and eighty-six
were vested in these foresters. They were given authority
to summon all males between eighteen and fifty years and
to require the use of wagons, horses and other property in
the suppression of forest fires under penalty of a fine or
imprisonment for a refusal or neglect to comply. It was
made their duty to post notices, the defacement of which
was punishable by a fine of ten dollars, and to otherwise
attempt to prevent forest fires. Foresters, their deputies,
and those working under their direction were to receive
such compensation as the voters of the town, or the select,
men should determine. The law made it a misdemeanor,
punishable by a fine of one hundred dollars and imprison-
ment for not over one month to leave an unextinguished
fire upon the land of another and the willful setting of a

1. Session Laws, Pa., 1897, No. 228, p. 295. |
2. Session Laws, Pa., 1899. No. 1c: an ome Wf
3. Session Laws, Mass. 1897, ch. 254 p 225; Same in Rev. L. 1902 ch. 32, secs. 16-25.

FIRE LEGISLATION BETWEEN 1890 and 1900 45

fire or the negligent permitting of it to escape to the land
of another to his injury made the offender liable for all dam-
ages in addition to the penalties above named. It was made
unlawful to set a fire in the open air between April 1 and
October 1 of each year, except with the written permission
of a forester or one of his deputies, under pain of the penal-
ties named above. One-half of each penalty was to be paid
to the complainant and one-half to the town. Any forester
failing to perform his duty under the act was made liable
to the same penalties.

Any town accepting the provisions of the act was authori-
zed to appropriate annually, for the prevention of forest
fires, any sum not exceeding one-tenth of one percent of
the assessed valuation of the town, such sum and the fines
collected to be expended by the forester, under the super-
vision of the selectmen, in the preparation of fire lines or in
other ways of preventing the spread of forest fires. ‘Towns
might even use such funds for the taking of woodland in
furtherance of the purposes of the act.

Michigan. A Michiganact of May 29, 18971 author-
ized any town board to prohibit the setting of fires during
periods when they considered the fire danger unusual and
to prescribe rules regarding the setting of fires. The setting
of a fire during the prohibited period, except under a permit
from the board, was made a misdemeanor. This act also
declared that subsequent to its passage the setting of any
fire in the open in that state north of the forty-fourth parallel
of latitude without at least one day’s notice to all adjoining
owners should constitute prima facie evidence of negligence.

Florida. A Florida act of May 31, 1897? made it a
misdemeanor to set a fire in wild forests or woods of Santa
Rosa county at any time of the year, except on one’s own
land with due diligence to confine the fire and with advance
notice to all persons living within one mile of the place to
be fired; and an act of May 11, 1899 * imposed a maxi-
mum fine of five hundred dollars, or imprisonment for

1. Session Laws, Mich., 1897, No. 189. [
2. Session Laws, Fla., 1897, ch. 4598, cf. R. R. fira Act, 8S. L. Fla., 1891; ch. 4071.
3. Session Laws, Fla., 1899, ch. 4812.

46 FOREST LAW IN AMERICA

ninety days, for the firing of wild lands in Osceola County
at any time except in February and March of each year,
provided that one might fire his own land under proper
precautions and after due notice to all persons living within
one mile.

Nebraska. A Nebraska act, effective July 10, 1897, 1 re-
‘quired railroads to mow their rights of way each year be-
tween July fifteenth and August fifteenth, failing which the
adjoining owner might mow subsequent to August fifteenth
and collect therefor from the railroad; and one of March
28, 1899, ? amended the law regarding the setting of fires
in the woods or prairies as it had existed for more than two
decades, by substituting the words “in any part of this
state” for the words “in the inhabited parts of this state,”
and by declaring the willful or negligent setting of fires
a misdemeanor.

Colorado. A Colorado game law of April 27, 1899 °
made it unlawful for anyone to set fire to timber or grass
on lands of the state or the United States, or where it was
liable to spread thereto, or to leave a camp fire unextin-
guished, and every officer having duties in connection with
the Federal timber reserves was given the authority of
the deputy wardens provided for in the act as to arresting
without warrant offenders against the provisions of the act.

Kansas. A Kansas act of April 4, 1899‘ authorized
the construction of fire guards along roads in counties hav-
ing a popolation of less than five thousand, upon petition of
a majority of the electors of any town. Those guards, con-
sisting of two plowed strips six feet wide, were to be within
the highway unless the adjacent owner consented to a loca-
tion upon his land without compensation, were to be plowed
yearly and cultivated or burned over in the autumn if the
county commissioners so directed. Persons liable to a poll
tax were required to assist in construction thereof.

z Ronion LeveMpeLsoochiay baa et ee

e Session Laws, Colo., 1899, ch. 98, sec. 14,

p. 188.
Session Laws, Kan. ‘1899, ‘Ch. 99, p. 196 (Same in Gen? St. 1915, McIntosh Secs.
4877-83).

CHAPTER III

Forest Administration Legislation Enacted in
American States During the First Sixteen
Years of the Twentieth Century

INTRODUCTION

The ten year period beginning with the year 1900 was
marked by a rapid development of public interest in for-
estry. Early in this decade full courses in the science and
practice of forestry were established in a number of uni-
versities. Other universities and colleges offered instruc-
tion in forestry subjects in connection with their courses
in liberal arts, engineering, or agriculture, and a private
school in forestry at Biltmore, North Carolina, drew stu-
dents from many states. The forestry movement found an
enthusiastic champion in the vigorous exponent of out-
door life and of civic control of national resources who be-
came the chief executive in September, 1901; and the two
terms of President Roosevelt marked the erystallization of
public sentiment regarding a national forest policy, and
witnessed an astonishing expansion in the activities of the
national forest service. An organized propaganda, liberally
financed by the national government, aroused the public
to the possibilities of timber exhaustion and the enormous
annual loss caused by forest fires.

Between 1900 and 1910 the states that had previously
adopted laws for the protection or administration of for-
ests found it necessary to amend their laws or to enact new
and more comprehensive ones, and many states took their
first real step in the establishment of state forests or the
organization of an effective system of forest fire protection.
During this decade and the first half of the following one, not
only did laws requiring the clearing of combustible material

47

48 FOREST LAW IN AMERICA

from railroad rights of way become common, but in many
states laws were enacted to require those engaged in lum-
bering operations to so care for the debris left by their
operations as to reduce the danger from fire. As the close
of the nineteenth century marks the end of the period of
general public indifference to the vital importance of forest
conservation, the legislation of the twentieth century has
been arranged according to the alphabetical order of the
states instead of in the chronological order of the acts.

Alabama. The first general forest administration law
in Alabama was approved by the governor on November
30, 1907.! This act established a commission of forestry
of seven members, comprising the governor, three other
state officials, a member of the federal forest service, a resi-
dent professor of forestry, and a practical lumberman. ‘The
commissioners were required to serve without compensation
other than necessary expenses, to gather and publish infor-
mation as to the forest interests of the state, and to recom-
mend legislation.

The governor was authorized, upon the recommendation
of the commission, to accept gifts of land for demonstration
and forest reserve purposes. County game and fish wardens
were designated forest wardens with the authority of con-
stables in arresting and prosecuting offenders against the
laws and regulations regarding forest protection. Sheriffs
and other executive and judicial officers of the state were
made deputy wardens with the same power as wardens,
and the governor was authorized to appoint as deputy
wardens other persons desiring to serve without compensa-
tion. Each county was authorized to appropriate two
hundred and fifty dollars annually for the compensation of a
forest warden, whose duty it should be to enforce all for-
est laws and extinguish fires.

Arizona. No real administrative forest legislation had
been enacted in Arizona prior to the close of the year 1916”.

1. Session Laws, Alabama, 1907, No. 90.
2. See Act Mar. 18, 1907. 8. L. Ariz. 1907, ch. 51, p. 66 regarding distribution of
funds from national ‘forests, for amendment see Rev. Stat., Ariz., 1913, secs.4554-55.

- Ee

ADMINISTRATION BETWEEN 1900 and 1916 49

Arkansas. Although it has arather comprehensive law
regarding the logging industry, and has long had strict
statutes regarding timber trespasses and the setting of
fires, Arkansas had not, prior to January 1, 1917, adopted
any administrative policy regarding its forests.! ,

California. Byact of March 16, 1903? the California
legislature authorized the expenditure of not over fifteen
thousand dollars under a contract which should be made
with the Bureau of Forestry of the national government for
a study of the forest resources of the state and the formula-
tion of a state forest policy, provided an amount equal to
that expended by the state be also expended by the Federal
Bureau in the co-operative study.

As a result of the information obtained in this study a
state board of forestry consisting of the governor, secre-
tary of state, attorney general and state forester was created
by an act of March 18, 1905. * The forester was to be ap-
pointed by the governor and hold office at his pleasure, but
should be certified to the governor as a technically trained
man. The forester, at a salary of twenty-four hundred
dollars per annum, was made the executive officer of the
board, and was charged with the administration of the
state parks, the fire protective work throughout the state,
and general forest publicity work. He was authorized to
appoint two assistants at twelve hundred dollars each.
The act contained very comprehensive legislation regard-
ing the setting and control of forest fires, and required those
operating railroads or cutting timber to take the steps
necessary to reduce fire danger. *

Colorado. In a law, passed April 10, 1901, ° the state of

. Act May 31, 1901. 8S. L. No. 423 and Act May 18, 1911, S. L. No. 423, p. 366
provide for distribution of funds from National Forests.

. Session Laws, Cal., 1903, ch. 155, p. 171; see additional appropriation of $10,000
by Act Mar. 18, 1905, ch. 157, p. 152.

. Session Laws, Cal. 1905, ch. 264, p. 235. See Act Mar. 18, 1907, S. L. ch. 277, p.
346: amended Mar. 20, 1909, S.L. ch. 334, p. 550 regarding national forest revenue.

. Session Laws, Cal., 1909. Ch. 393, changing forester’s salary to $3,000, and pro-
viding for deputy forester at $1,800, and assistant forester at $1,200.

Cf. Act Mar. 18, 1905, S. L., ch. 187, p. 183, appropriating as a forestry fund $100,-
000 of such money as should be collected from the United States as Indian and
Civil War claims.

See also chapter 162 of 1901 and chapter 300 of 1903, providing for the pur-

chase and management of a grove of redwood trees as a state park, and S. J. R.

No. 15, and A. J. R. No. 14 of 1901 regarding the Calaveras Grove; and the Act

of Feb. 6, 1911, S. L., ch. 12, providing for the management of Redwood Park.
5. Session Laws Colo, 1901, ch. 83, p. 185. Cf. Act of April 4, 1887, S. L., p. 412,
authorizing state land board to locate a state park of 640 acres at Royal Arch and
Echo Mountain.

me WO NH

50 FOREST LAW IN AMERICA

- Colorado imposed upon the State Board of Land Commis-
sioners the duty and authority to administer all timber
lands held by the state. The act provided that no trees
needed to conserve the snows, ice or water of any irriga-
tion district were to be cut from any part of the publie
domain, except in ‘accordance with the permission
of and under the restrictions prescribed by the said com-
missioners, who were required to maintain a record of all
applications and obtain a full report as to the timber covered
by each application. Trees less than ten inches in diameter
at two feet from the ground could not be cut, except that
trees five inches in diameter might be used for mining or
fencing purposes within the county where cut. Camping
by residents of the state, outside the county of their resi-
dence, in any forest district must be done under a permit,
and non-residents of the state could lawfully camp in a
forest district only by employing a game or forest warden.

A Colorado act of May 27, 1911 ‘authorized the state
board of agriculture, which also acted as a state board of
forestry, to appoint a state forester at a salary of not over
twenty-five hundred dollars per annum, who should have
charge of any state forest reserves later established or ac-
quired; should collect and publish information on forestry
subjects, act as instructor in forestry at the state agricultural
college, and cooperate with the state board of land com-
missioners and the federal forest officials in forestry work.
He was given the special duty of assisting individuals and
associations or corporations in the planting and care of
trees, and required to assist sheriffs in the prevention and
extinguishment of forest fires.

Connecticut. A Connecticut act of June 17, 1901 ? pro-
vided for the appointment of a state forester as a member
of the force at the state agricultural experiment station.
The forester was authorized to purchase land suitable for
the growth of forest trees at not over four dollars per acre,
sow or plant trees thereon at a cost of not over two dollars
and fifty cents per acre, and manage such areas for fcrest pro-

1. Session Laws, Colorado, 1911, p. 419. Ch. 138, Samein Mills Ann. St. Rev., 1912
by Gabrie',secs. 2986-3019 and in Colo, Stat. Ann. Mor. and DeSoto, secs. 2626-
2654N.

2. Session Laws, Connecticut, ch. 175, p. 1374. (1901.)

ADMINISTRATION BETWEEN 1900 and 1916 AL

duction and the preservation of game. These lands, called
state parks, were to be assessed for town taxation the same as
adjoining private lands. By an amendment of June 3,
1903 ! the state forester was authorized to make thinnings,
sell timber, and adopt such other measures regarding for-
ests held by the state as should be necessary to insure a
profitable management. This amendment designated the
state holdings as ‘‘forests,’’ and struck out the limitation as
to the amount that might be expended per acre for seeding
or planting. |

The Connecticut act of July 13, 1905, *reorganizing the
forest fire protection system of the state made the state
forester ex-officio state forest fire warden, and vested in
him the authority, with the cooperation of town selectmen,
to select district fire wardens.

By act of June 28, 1911 * the price per acre that might
be paid for land suitable for state forests was increased to
eight dollars, and the state forester was authorized to ex-
change land thus purchased with adjoining owners and,
with the approval of the governor and attorney general, to
sell land at a price greater than the cost and interest thereon.
On August 30, 1911,4 the board of control of the Connecti-
cut Agricultural Experiment Station was authorized to
designate one of the members of the station staff as assist-
ant state forester who should act as forester and fire warden
in the absence of the state forester. Responsibility for the
administration of the forest plantation tax exemption law
of August 23, 1911 ° was vested in the state forester.

Delaware. The first forest administration act in the
State of Delaware was approved by the governor on April
19, 1909.® This act created a state board of forestry to
consist of the governor and four other members, who should
serve without compensation other than expenses. The

. Session Laws, Connecticut, 1903, ch. 132. cf. S. L. 1903, ch. 133, requiring state

geographical survey to investigate state forest resources.

. Session Laws, Conn., 1905, ch. 238. See also Act July 8, 1909, S. L., ch. 128, re-
quiring him to determine whether a town should be exempt from fire restrictions.

. Session Laws, Conn., 1911, ch. 115, p. 1369. Cf. appropriation in Sp. L. Conn.,
1909, Vol. 15, p. 1048.

. Session Laws, Conn., 1911, ch. 227, p. 1516.

. Session Laws, Conn., 1911, ch. 205, See also new exemption law of May 7, 1913,
S. L., ch. 58, and Act May 26, 1913, S. L., ch. 108, prohibiting further ex-
emptions under ch. 205 of 1911.

. Session Laws, Delaware, 1909, ch. 71. Same in Rev. Code, 1915, secs. 714
to 727.

aor WO NH

for)

a2 FOREST LAW IN AMERICA

forester of Delaware College, who was made ex-officio a
member of the board and also state forester, was given general
supervision of all forest interests of the state. He was re-
quired to direct the activities of all forest wardens and
authorized to prevent and extinguish fires.

The governor was authorized to accept gifts of land to be
protected and administered by the board of forestry as
state forest reserves, and the forester was authorized to co-
operate with political subdivisions of the state and private
owners in forest practice. Provision was made for the ap-
pointment of forest wardens for the administration of
forest laws. Counties were authorized to raise money for
forest protection, improvement and management, and were
required to pay the full cost of fire control. Penalties were
prescribed for the willful or malicious firing of the
woods or the negligent permitting of one to escape,
and the operation of locomotives and portable or
stationary boilers without proper appliances for the
prevention of fire was made a misdemeanor. All fines and
penalties were available for general forestry purposes.

Florida. Even attheend of the year 1916, Florida had
made no provision for state forests or for a systematic
protection of forests from fire. !

Georgia. Although Georgia has extensive forest interests
and provision had been made for the dissemination of

knowledge regarding forest resources,” no administrative
legislation had been enacted prior to January 1, 1917.

Idaho. An Idaho act of March 8, 1905* regarding the
sale of timber from state lands and the prevention of forest
fires declared that ‘“‘no trees standing on lands of the state,
which lands when cleared of trees will not be suitable for
cultivation and raising of crops, and no trees needed to
conserve the snows, ice or waters of any irrigation district,
shall be cut from any part of the public lands belonging

1. Cf. Act June 3, 1907, S. L. Fla., ch. 5681, p. 188, authorizing a report upon forest
resources by geological survey established by this act.

2. See Act Dec. 18, 1901, S. L., p. 84, consenting to national forests and Res. No. 60
Aug. 16, 1910 favoring establishment of Appalachin National Forests; Annot
Code, 1914. Parks, contains no state law.

3. Session Laws, Idaho, 1905, p. 145.

A Ant at re, i sr ee rr OO eee

ADMINISTRATION BETWEEN 1900 and 1916 58:

to the state.’”’ The state board of land commissioners were
charged with the duty of seeing that these restrictions were
complied with, and that brush was properly cared for when
timber was sold and cut. If protest were made as to cutting
in any particular area the state board could not allow trees
less than one foot in diameter at two feet from the ground
to be cut, except that trees five inches and over in diameter
might be used for mining or fencing in the county where cut.
This act was superseded by one of February 15, 1907 !
which required the state board of land commissioners to
divide the state into fire districts and appoint wardens
upon the request of timber owners; and on March 15, 1909?
amendments were made to the law imposing additional duties
as to informing the public regarding the fire laws, as to re-
quiring a proper disposal of slash upon cutting areas, and
as to cooperating with private owners in fire protection.

Illinois. A joint resolution by the Illinois legislature,
adopted March 5, 1903,* requested the national depart-
ment of agriculture to make an investigation of forest con-
ditions within the state, and to submit to the state recom-
mendations as to the means necessary for the preservation
of existing forest and for the extension of forest areas. No
provision for a state administration of forest interests has
been made. An Illinois act of May 18, 19054 authorized
the organization of forest preserve districts, each compris-
ing a portion or all of one or more counties, and gave the
board of commissioners of such incorporated district very
extensive powers of taxation and general administration.
This act was displaced by an act of June 16, 1909 ° that
required a public hearing upon the petition for the crea-
tion of such a district before the submission of the matter
to a vote by the people of the proposed district, authorized
the creation of only one forestry district in a county, re-
duced the governing board to five members, for all of whom
salaries were provided, and limited the power of taxation

. Session Laws, Idaho, 1907, p. 18. See Rey. Code, 1908, sec. 122, regarding national
forest revenue.

. Session Laws, Idaho, 1909, p. 227. See Act Mar. 15, 1915, S. L. Ida., ch. 128, p. 273,
regarding the estabtishment of land clearing districts.

. Session Laws, Illinois, 1903, p. 359.

. Session Laws, Illinois, 1905, p. 279.

. Session Laws, Illinois, 1909, p. 245.

OPW bo

o4 FOREST LAW IN AMERICA

more closely. The latter act was declared unconstitutional
on December 21, 1911, 1! mainly, upon the ground that the
limitation to a single district in a county granted a special
privilege to the citizens of that part of a county that should
first be organized into a district. Both of these laws re-
quired that a forestry district contain one or more cities,
towns or villages, and although the titles of both acts indi-
eated that they were measures for the promotion of forestry,
they were in fact laws providing for the improvement of
pleasure drives, boulevards and parks, and the -preserva-
tion of scenic and other outdoor attractions.

A new act for the incorporation and administration of dis-
tricts was approved by the governor of Illinois on June 27,
1913. 2? This act confined each district to a single county,
authorized a joint hearing upon all applications pending at
one time and the inclusion of several areas for which appli-
cation had been received in one district under the name
first proposed. Areas could also be subsequently added.
The method of administration remained substantially as
in the act of 1909 and the purpose of such districts practi-
eally the same, there being little indication in the language
or provisions of the act to indicate that the practice of com-
mercial forestry was contemplated.

Indiana. By an act of March 1, 1901*a state board of
forestry was established in Indiana. One member of this
board of five was to be a person having special knowledge
of forestry, two were to represent the lumber interests of the
state, one the farming interests, and the fifth was to be
chosen from the faculty of Purdue University. The board
was directed to collect and publish information regarding
forest preservation and extension, and recommend plans
for the improvement of forest conditions within the state
and the establishment of state forest reserves. No salaries
were allowed, except to the forest expert, who was to be
secretary of the board and receive twelve hundred dollars
and a six hundred dollar allowance for expenses annually.
An amendment of February 28, 1903‘ increased the salary

. People v. Rinaker, 252 IJ. 266.

. Session Laws, Illinois, 1913, p. 385.

. Session Laws, Indiana, 1901, ch. 49, p. 62.
. Session Laws, Indiana, 19038, ch. 44, p. 111.

BONE

ADMINISTRATION BETWEEN 1900 and 1916 55

and expense allowance of the secretary to eighteen hundred,
and one thousand dollars, respectively, provided for a
elerk at six hundred dollars, and allowed each of the other
members of the board one hundred dollars annually and three
cents mileage for attendance at meetings. An act of March
3, 19031 authorized the purchase of two thousand acres
by the state board of forestry for forest nursery and demon-
stration purposes.

Iowa. No forest law other than trespass and fire laws
and the law of April 10th, 1906, ? providing for an exemp-
tion of forest areas from taxation, had been enacted in Iowa
prior to January 1, 1917.

The act of 1906 required (in section fourteen) that the
secretary of the state horticultural society act as state
forestry commissioner, without additional salary, in pro-
moting the objects of this law and in obtaining general re-
ports upon forestry from the non-salaried county deputies
which he was authorized to appoint.

Kansas. As early as March 10, 18873 legislative pro-
vision had been made in Kansas for a commissioner of
forestry, at an annual salary of twelve hundred dollars,
who should establish and conduct two forest experiment
stations and seek to develop public interest in forestry
practice.

A Kansas act of March 19, 1907, ‘4 repealing the act
of 1887, provided for the appointment of two forestry com-
missioners to reside at and have exclusive charge of the two
state forestry experiment stations at Dodge City and Ogal-
lah. Each was charged with the duty of disseminating
knowledge about trees.

On March 18, 1909* the act of 1907 was repealed and a
division of forestry established at the Kansas state agri-
cultural college. The board of regents of this college were
authorized to appoint a state forester to have direction of

. Session Laws, Indiana, 1903, ch. 60; See Act Feb. 26, 1907, S. L., ch. 57 authoriz-
ing right of way across reserves.

. Session Laws, Iowa, 1906, Vol. 31, p. 52: same in code 1897, suppl. 1913, sec. 1400c-
1400p. Cf. Mar. 21, 1900, ch. 58 Com'r. Agr. (forestry).

. Session Laws, Kansas, 1887, ch. 160, p. 226.

. Session Laws, Kansas, 1907, ch. 405, p. 236

. Ogallah station abolished by act of Apr. 30, 1913; S. L. ch. 309

. Session Laws, Kansas, 1909, ch. 49, p. 79. See Kan. Code, 1909, secs. 7993-8000,
and Gen. St. 1915, McIntosh, secs. 9011- 9915.

OoPpw wo He

56 FOREST LAW IN AMERICA

all forest experimental and educational work with the duty
of assisting towns, counties, corporations, and individuals,
in the planting, protection and management of timber
tracts.

Kentucky. A Kentucky act of March 21, 1906 ! created
a state board of agriculture, forestry and immigration, to
consist of nine members. Section nine of this act provided
that this board should act as a forestry commission for the
state, and authorized it to expend not exceeding two
thousand dollars annually, either directly or through the
United States forest service, in advancing the forest inter-
ests of the state. The compensation of the members was
made five dollars per day for not over thirty days annually.

A Kentucky act of March 19, 1912? repealed section
nine of chapter ninety of the act of 1906, created a non-
salaried board of forestry of five members besides the
governor, and authorized the appointment of a technically
trained forester for a term of four years at an annual salary
of not over twenty-five hundred dollars. The management
of the forest preserves subsequently to be acquired and
established was vested in the board of forestry, and the
board was empowered to purchase lands suitable for forest
reserves at not exceeding ten dollars per acre, using any un-
appropriated moneys in the forest reserve fund. The board
was given broad duties of investigation of forestry and kin-
dred subjects. They were authorized to sell such dead,
mature or large trees on forest reservations as should be
compatible with a proper management.

Subject to the direction of the board the forester might
cooperate with counties, municipalities, corporations and
individuals, in preparing plans for the protection, manage-
ment and replacement of forests, provided such parties
pay the field expenses. The establishment of nurseries

1. Session Laws, Kentucky, 1906, ch. 90, sec. 9.

2. Session Laws, Kentucky, 1912, ch. 133, p. 529. Same in Ky. St., Carroll, 1915,
sec. 1905c. Cf. Session Laws, Kentucky, 1912, ch. 82, general law regarding
fire marshals. And Act Mar. 13, 1912, 8S. L. ch. 61, p. 214, ceding to the United
States jurisdiction over not to exceed 45,000 acres in Edmonson county when
the same should be selected for Mammoth Cave, National Park. In Thum's
Suppl. of 1915 to Ky. Stats. of 1909, ech. 133 of 1912 is given in secs. 1905b to

to 1905gg; ch. 61 of 1912 in sec. 2376e; and ch. 24 of 1914 regarding the acquisi-
tion of Nat’l. Forests in Appalachin Mts. in secs. 2376f to 2376i. See also Ky.
Stat. 1915, Carroll, sec. 1905b re Nat'l. Forests.

ADMINISTRATION BETWEEN 1900 and 1916 57

and the distribution of young trees to residents of the
state was authorized.

Louisiana. By act of July 4, 19041 a Department of
Forestry was created in Louisiana. <A Forestry Commis-
sion was to consist of the Register of the State Land Office
as ex-officio Commissioner of Forestry, with an additional
salary of five hundred dollars, and four other non-salaried
citizens to be appointed by the governor. It was made their
duty to inquire into and report regarding the preservation
of forests, the reforesting of denuded lands, and other
forestry subjects, and to report as to the forestry legisla-
tion which should be enacted by the state. The Commis-
sioner of Forestry was given control of all activities of the
state directed to the preservation and protection of forests
of the state, and the appointment of a state officer to be
known as chief fire warden was authorized. The act re-
quired an officer in each jury ward of the state to act as a
fire warden. The local fire wardens under the direction of
the chief warden were required to take the necessary steps
to prevent and suppress forest fires, and sections twelve
and thirteen imposed penalties for the willful or negligent
firing of the woods or the endangering of forests by fire.

On July 2, 19082 a ‘Commission for the Conservation
of Natural Resources”’ was created in Louisiana. The seven
members of this commission who were to serve without
compensation, except the secretary, were required to inquire
into forest conditions within the state, and the relation of
such forests to the climate and the waterways of the state.
The membership was increased to eight, and the name
changed to the ‘Conservation Commission” of Louisiana
on July 6, 1910. *

On July 7, 1910+ the Louisiana law regarding a depart-
ment of forestry was amended so as to designate the Regis-
ter of the State Land Office as Forester, and to provide for
a Deputy Forester who should have had technical training
in silviculture. Section three of the new act imposed upon
the forester and his assistant general duties as to fire pro-

. Session Laws, Louisiana, 1904, No. 113, p. 244.
Session Laws, Louisiana, 1908, No. 144, p. 200.
. Session Laws, Louisiana, 1910, No. 172, p. 255.
. Session Laws, Louisiana, 1910, No. 261, p. 446.

He CO DO

58 FOREST LAW IN AMERICA

tection, forest education and cooperation with private
parties, and section four authorized the acceptance of gifts
of land to the state for administration as forests by the State
Conservation Commission. The penalties for the firing of
the woods or the endangering of the same were modified,
and specific provision for the collection of the value of young
erowth destroyed by fire was contained in a clause which
said the value “‘shall be calculated as the expense of arti-
ficially planting and cultivating such small growth to the
point of development at the time when the fire occurred.”
Railroads were required to clear inflammable material
from rights of way, arbor day was established, and the Con-
servation Commission was authorized to purchase forest
land for the state.

An act of July 9, 19121 reduced the membership of the
Louisiana conservation commission to three members,
two of whom should receive not to exceed twenty-four
hundred dollars and the other not over three thousand
dollars. These commissioners were to be appointed for a
term of four years each, required to devote their entire
time to the service, and given the direction of all forestry
work in the state. Appointed by the governor and confirmed
by the senate, they were subject to removal only after trial
before a court on charges of malfeasance, nonfeasance or
incompetency. In this commission of three members were
vested all the powers and duties previously exercised by the
conservation commissioners, the forester and the deputy
forester under the acts of July 6 and July 7, 1910.

On June 30, 19162 the act of July 9, 1912 was amended
by the substitution of a single commissioner of conservation
for the three commissioners. The single commissioner up-
on whom were devolved all the powers and duties formerly
appertaining to the three commissioners was to be appoin-
ted by the governor with the advice of the senate for a term
of four years. He was allowed a salary of thirty-six hun-
dred dollars per annum, was required to be informed “‘in
whole or in part” regarding wild life, game, fish and forestry
and was required to devote his whole time to the duties of
the office.

1. Session Laws, Louisiana, 1912, No. 127.
2. Session Laws, La., 1916, No. 66, p. 171.

ADMINISTRATION BETWEEN 1900 and 1916 59

An act of July 5, 1916! provided that one-fifth of all
sums collected by the state as licenses for the severance
of timber and turpentine, under existing law, should be
accredited to the forestry department of the state depart-
ment of conservation and be expended solely in the exe-
cution of the forestry laws of the state and required that
under the general direction of the conservation commissioner,
the forestry department be superintended' by a_ techni-
eally trained forester of not less than two years’ experience
in professional forestry work. No expenditure for such
forestry work was to be made without the approval cf a
general forestry advisory board which was to consist of
the commissioner of conservation and four other members
to be appointed by the governor, one of whom should be
the professor of forestry in the state university, one a
farmland owner interested in farmland reforestation, and
two of whom should be selected from well-known timber
owners. The members of the advisory board were allowed
no compensation other than traveling expenses.

Maine. On March 26, 19032 the Maine law for the
protection of forests from fire was amended so as to transfer
the authority to appoint fire wardens within unorganized
places from the county to the state forest commissioner,
and to provide for the payment from state funds of the cost
of fighting fire in such districts; and April 1, 1909 * a large
proportion of such unorganized territory was included in a
tax division called the ‘‘Maine Forestry District.” A special
tax was levied on all land within the district for forest pro-
tection purposes and the forest commissioner was charged
with special responsibility as to fire control therein. The
act provided that lands as to which the special tax provi-
ded therein was not paid within one year from the time
the lands were listed and advertised would be forfeited to
the state. Under these provisions the state may ultimately
acquire extensive public forests. Although the laws of
Maine for the protection of forests from fire enacted prior

Session Laws, La., 1916, No. 145, p. 363, sec. 7.

Session Laws, Maine, 1903, ch. 168.

Session Laws, Maine, 1909, ch. 193, cf. act Apr. 2, 1909 S. L., ch. 230, p. 304 mak-
ing $25,000 immediately ‘available for fire protection. See amendment in ch. 33,
of 1911. Ch. 193 of 1909 was held constitutional by the state Supreme Court,
noe 13, 1912 in Sandy River Pl. v. Lewis, 109 Me., 472. Cf. opinion of Mar.

, 1908, regarding legislative restrictions on private logging operations.

gehen

60 FOREST LAW IN AMERICA

to January 1, 1917 were exceptionally satisfactory ! no
policy of state administration of public forests had yet
been evolved.

Maryland. A Maryland act approved April 5, 1906, ”
established a state board of forestry of seven members,
consisting of the governor, two other state officials, two
educators, a practical lumberman and a citizen interested
in forestry. The employment of a state forester at an
annual salary of two thousand dollars, to have charge of
all forestry interests in the state, was authorized. The
board was empowered to accept gifts of land to the state
for forestry purposes and to purchase lands at not over
five dollars per acre. The state forester was authorized
to cooperate with counties, towns, corporations or individ-
uals in plans for forestry work. The state forester was made
the head of a state system of forest fire protection, and the
act contained comprehensive provisions regarding the setting
of fires, the use of safety appliances on engines and the au-
thority of fire wardens. The law created a forest reserve
fund and provided that the net collections under the act
as penalties, together with all funds obtained from the state
forest reserves, might be used for forest protection, manage-
ment, replacement and extension. County boards were au-
thorized to levy money for forest protection, improvement,
and management.

A Maryland act of April 7, 1910* authorized the ap-
pointment by the governor, upon the recommendation of
the state forester, of forest wardens who should receive
a nominal annual salary, and one-half of their wages for
special services, from the state treasury and be responsible
for forest protection in their respective counties. On April
15, 19124 the law was again amended to make the state’s
half of the cost of fire fighting payable from the forest re-
serve fund, to authorize the purchase of land for a forest
nursery at not over five dollars per acre and the distribution
of trees to private parties, and to appropriate six thousand

1. See Session Laws, 1909, ch. 52 and ch. 164; Session Laws 1911, ch. 35; Session
Laws 1913, ch. 86 and ch. 177; Session Laws, 1915, ch. 68 and ch. 196.

2. Session Laws, Maryland, 1906, ch. 294, p. 532. See increased appropriations Act
April 13, 1908 S. L. ch. 215; April 13, 1910 S. L. ch. 429. See establishment
state conservation commission session laws 1910 ch. 238.

3. Session Laws Md. 1910 ch. 161 p. 395.
4. Session Laws Md. 1912 ch. 348 p. 509.

ADMINISTRATION BETWEEN 1900 and 1916 61

dollars for the publication of forest maps and reports. This
act made an annual appropriation of ten thousand dollars
for the work of the forestry board.

On April 16, 19141 the law was amended to allow the
board of forestry to fix the salary of the state forester and
the salaries of such assistants as he should need. His
duties remained substantially the same as in the act of
1906. The previous law as to the direction of forestry work
by the board and the forester received several modifications
and the board was given the power of eminent domain when
necessary to carry out its work. County commissioners were
authorized to appropriate money for ‘“‘purposes of tree
planting and care of trees.”’

Two acts of 19122 andone of 1914* provided for the
acquirement by the state board of forestry of specified
tracts of land as state forests; and an act of April 16, 1914, 4
clothing the state forester with comprehensive duties re-
garding the planting and care of shade trees along public
roads, provided that trees grown in state nurseries and
not required for roadside planting might be used for plant-
ing on state forest reserves, or be furnished any land owner
of the state at not less than cost, if planted according to
plans approved by the state forester.

Massachusetts. In 1898° provision was made in Massa-
chusetts for the purchase by the state of ten thousand
acres in the County of Berkshire to be known as the Grey-
lock State Reservation which was to be maintained by said
county. In 1902° andagain in 1904’ appropriations were
made for the acquisition of additional land for such reserve.
An act of 19038 provided for the acquisition of a similar
reserve in the County of Hampshire.

On June, 1904 ° the office of state forester was created
in Massachusetts with a salary of two thousand dollars.
The law required that the appointee have a technical edu-

. Session Laws Md. 1914 ch. 823 p. 1551.

. Act April 15,1912 S. L. ch. 749 p. 12E0: Act April 15-1912 S.L. ch. 794 p. 1562.

Act } Mars 30 1914 S.L. ch. 209 p. 297. See Annot. Code, Md., Bagby, Vol. 3, 1914,
pp. 617-623.

. Session Laws Md. 1914 ch. 824 p. 1554. See amendment Apr. 18, 1916 S. L.
p. 548 p. 1124 re cutting without permit.

Act ‘ee 20, 1898 S. L. ch. 543

Act June 26, 1902 S. L. ch. 514.

Act June 3, 1904 S. L. ch. 411 Bs eee

Act Apr. 25, 1903 S. L. ch. 264 p. 222

. Session Laws, Mass. 1904 ch. 409 p. 389; S. L. 1905, ch. 211 changed date of

submission of annual report.

Sener here

62 FOREST LAW IN AMERICA

cation, and it was made his duty to promote the perpetua-
tion, extension and proper management of the forest lands
of the commonwealth, both public and private. Aside from
expenses connected with his educational duties, private
parties who availed themselves of his aid were made liable
for his necessary travel and subsistence expenses. He was
authorized to establish and maintain a forest nursery at
the Massachusetts Agricultural College, from which trees
for forest planting must be furnished free to the state and
might be distributed to landowners as he and governor and
council thought advisable. On June 4, 1907! the salary
of the forester was increased to three thousand dollars, and
the limitation of annual expenditures for forestry work to
five thousand dollars was removed, and on April 7, 1909? the
state forester was charged with the duties previously per-
formed by the superintendent for the suppression of the
gypsy and brown tail moths and the governor authorized
to determine his salary. A forest protection act of June 5,
1907 * required that the persons appointed as town and

city forest wardens be approved by and make reports to
the state forester and authorized the payment from state
funds for the services rendered by such wardens under the
direction of the forester

An act of May 1, 1908+ authorized the state forester,
with the consent of the governor and council, to expend
five thousand dollars that year and ten thousand dollars
annually thereafter in the acquisition of lands at not over
five dollars per acre for purposes of demonstration in
forest management. The limitation of the amount to be
acquired in one tract in any one year to forty acres was in-
creased to eighty acres on March 25, 1909.° The owners
of land thus purchased, or their heirs and assigns, might
repurchase the land any time within ten years by paying the
amount paid by the state for the land and for improvements
and maintenance, with interest at four per cent on the pur-
chase price, but the deed of reconveyance should contain
a restriction that trees cut from such property should not

1. Session Laws, 1907 ch. 473 p. 422.
2. Session Laws, 1909 ch. 263 p. 207.
3. Session Laws, 1907 ch. 475 p. 427.
4. Session Laws, 1908 ch. 478 p. 432.
5. Session Laws, 1909 ch. 214.

ADMINISTRATION BETWEEN 1900 and 1916 63

be less than eight inches in diameter at the butt. Gifts
of land for the same purpose might be accepted by the fores-
ter with the right of repurchase if so stipulated in the deed.
From any lands acquired under this act the state forester,
with the approval of the governor and council, might cut
and sell trees and other produce. The forester was required
to replant or otherwise manage such land productively.
Planted land reconveyed to an owner was not to be exempted
from taxation. Twenty per cent of the annual appropria-
tions of the act might be used for the distribution of seeds
and seedlings to citizens of the commonwealth at not less
than cost. An act of March 3, 1910! authorized the ac-
ceptance of bequests and gifts for the advancement of the
forestry interests of the state in the manner designated by
the donor; and one of May 11, 1912? amended chapter
four hundred nine of nineteen hundred four so as to au-
thorize the establishment of forest nurseries at state insti-
tutions, other than the Massachusetts Agricultural College
at Amherst, and the use of the labor of the inmates of such
institutions free of cost for nursery work, with the limitation
that all stock grown in such nurseries should be used within
the state and should be furnished free to state institutions.

On July 18, 1911? the appointment of a state fire warden
by the state forester was authorized, and all forest fire pro- ©
tection was placed under this warden.

An act of June 29, 1914, + established a state forest com-
mission to consist of the state forester and two others ap-
pointed by the governor, with the approval of the senate,
for terms of six years, without compensation. This com-
mission was authorized to acquire by purchase, or otherwise,
at a cost of not over five dollars per acre, and hold for the
state, woodland or land suitable for timber cultivation, and,
after public hearing, to sell or exchange lands thus acquired.
Lands thus acquired were to be known as state forests, and
it was made the duty of the state forester to reforest and
develop the same for public enjoyment and the conserva-
tion of water supplies of the state. These lands were exemp-

1. Session Laws, 1910 ch. 153.

2. Session Laws, Mass., 1912, ch. 577, p. 587.

3. Session Laws, 1911 ch. 722 p. 879.

4. Session Laws Mass. 1914 ch. 720 p. 751. See Act May 19, 1916 ch. 234 p. 163
Mass. Agr. College authorized to acquire a demonstration forest about Mt.

Toby.

64 FOREST LAW IN AMERICA

ted from taxation, but the towns and cities in which they
were situated were to be reimbursed by the state for the
annual loss in taxation thereon. The act carried an appro-
priation of ten thousand dollars for the first year, and twenty
thousand dollars for each of four succeeding years.

Michigan. Bya joint resolution approved June 6, 1901 !
the lands in Roscommon and Crawford Counties that had
been withdrawn from homestead entry under authority
of the act of June 7, 1899, creating a forestry commission,
were declared withdrawn from sale and made into a forestry
reserve.

However, this provision was repealed by an act of June
4, 1903 * which withdrew from sale and entry only the
lands then owned or thereafter to be acquired by the state
in township twenty-one north, ranges three and four west,
the north half of township twenty-four north, range four
west, and the south half of township’ twenty-five
north, range four west, and provided for the management
according to silvicultural principles of the state lands
within the reserved area that should upon examination
by the forestry commission, created by the act of June 2,
1899, be found suitable for forestry purposes. The forestry
commission was authorized to appoint a forestry warden
at a salary of one thousand dollars per annum who should
appoint the necessary deputies to be paid by the day for
actual services. The commission was authorized to cut,
remove or sell from the forest reserve such land as they
considered it advisable to remove, and to purchase lands
within the boundaries of the reserve so as to make the state
holdings contiguous. Forest reserve lands were to be
assessed in the same manner as adjoining private lands and
be taxed for school and road purposes only. All lands
previously reserved from sale and entry in Roscommon and
Crawtord counties, except those within the townships named
in this act, were restored to sale and entry.

A Michigan act of June 27, 1907 * set apart all lands be-
longing to the state agricultural college in the counties of

1. Concurrent Resolution No. 17, Session Laws, Mich. 1901 p. 403.
2. Sesssion Laws, Michigan, 1903, No. 175, p. 234.
3. Session Laws, Michigan, 1907, No. 299; ef. Act Mar. 14 1907 S. L. No. 22 and

Act April 30, 1909 S. L. No. 54, regarding Michilimackinac State Park.

ADMINISTRATION BETWEEN 1900 and 1916 65

Iosco and Alcona as a forest reserve, provided for the
scientific management of such lands and devoted the in-
come perpetually to the use of the college. This act re-
ceived minor amendments on June 1, 1909. !

An act of June 18, 1907 ? provided for a commission of
nine members to inquire into the condition and extent of
the forest, denuded and waste land held by the state, and
to submit recommendations as to the policy that should be
adopted regarding the disposal of such lands or the crea-
tion of forest reserves.

The new constitution adopted in 1909* amended the
language of the section of the constitution of 1850 that
forbade the state to engage in internal improvements so as
to authorize, the expenditure of state funds by the legisla-
ture “‘in the ES ao and protection of lands owned
by the state.’

On June 2, 19094 anewforest administration law was
enacted in Michigan. This act created a Public Domain
Commission of six members without compensation other
than expenses, but with provision for a secretary at a salary
of six hundred dollars and a supervisor of trespass at a
salary of twelve hundred and fifty dollars per annum. All
jurisdiction over state forest affairs formerly vested in the
state forestry commission and the state land commissioner
was transferred to the new commission. The state game,
fish and forest warden was made subject to the direction of
the commission. The powers as to the management of
forest reserve lands remained substantially the same as
those of the forestry commission. The new commission
might appraise and sell lands of the state suitable for agri-
cultural purposes, but the extent of the forest reserve lands
must not be reduced below two hundred thousand acres.

On May 1, 1911° the law relative to the powers and
duties of the Public Domain Commission was amended so
as to specifically authorize the appointment of a forestry
warden, and to authorize the commission to fix the salaries
of its secretary, the supervisor of trespass and the forestry

. Session Laws, Michigan, 1909, No. 202.

. Session Laws, Mich., 1907, No. 188 p. 256

Session Laws, Mich., 1909, Art. X sec. 14 of constitution.
. Session Laws, Mich., 1909, No. 280.

. Session Laws, Michigan, 1911, No. 294.

oe

66 FOREST LAW IN AMERICA

warden, all of whom should hold office at the pleasure of the
commission. The forestry warden was given supervision
of all forest protection work.

The law was amended on May 13, 19131 to authorize
the appointment of an assistant secretary and to change
the designation of the supervisor of trespass to supervisor
of field division and that of forestry warden to forester.
The commission was also given authority to prescribe and
enforce such regulations, not inconsistent with the act,
as it should consider necessary, and was authorized to dele-
gate some of its duties to its secretary.

By act of March 25, 1915? all powers and duties of
the State Game, Fish and Forestry Warden were transferred
to the Public Domain Commission, which was authorized
to appoint a State Game, Fish and Forest Fire Commis-
sioner at a salary of not over thirty-five hundred dollars
per annum and expenses, to serve at the will of the commis-
sion as executive officer for the administration of the for-
est laws of the state.

Minnesota. A Minnesota act of April 13, 1901 * added
to the state “Forest Reserves’ all lands totally unfit for
agricultural uses that had been acquired by the state under
acts of 1881, 1893 and 1899, providing for the sale of land
to meet delinquent taxes. Provision was made that one-
half the income of such lands should go to the state and
one-fourth each to the town and county in which the land
was situated.

An act of April 8, 19034 authorized the state forestry
board to purchase for the state, at not over two dollars and
fifty cents per acre, and preferably at the sources of the
main rivers of the state, any land adapted for forestry pur-
poses, not exceeding one-eighth of the area in any congres-
sional township, and to take the steps necessary to main-

1. Session Laws Michigan 1913 No. 333. Cf. Act Mar. 8, 1913 S. L. No. 270
p. 524 transferring duties of Com’r. State Land Office to the commission and
Act May 13, 1913 8S. L. No. 326 p. 610 giving commission control of state
swamp lands (U. S. Act Sept. 28 1850) and Act March 3, 1915 S. L. No. 1
(Swamp).

. Session Laws 1915 No. 28 p. 36. Cf. Act May 13, 1915 S. L. No. 221 p. 371
requiring division of state into fire districts. For previous forest law in general
see Howell's Annot. Stat. 1913 secs. 10348 to 10399.

3. Session Laws, Minn., 1901, ch. 335, p. 551.

. Session Laws, Minn., 1903, ch. 134, p. 192.

to

ro

ADMINISTRATION BETWEEN 1900 and 1916 67

tain forests thereon. One fourth of the net revenue was to
evo to the town.

On April 21, 19031 provision was made for the appoint-
ment by the state auditor of a forestry commissioner, at an
annual salary of twelve hundred dollars, who should be a
member of the state forestry board and have charge of
fire protective activities, but the title of chief fire warden
was restored in an act of April 19, 1905. ?

On April 4, 1907 * Itasca State Park was made a state
forest reserve, and provision made for its management by
the state forestry board and its use by the state regents for
' educational demonstration purposes, and on April 17, 1909 4
the forestry board was authorized to accept donations of
land within the park with a reservation of all timber over
eight inches in diameter at four and one-half feet from the
ground, with the right to remove such timber within ten
years, on condition that the board be permitted to select
and purchase for the state such groves as they should think
desirable for park purposes.

A Minnesota act of March 30, 1905 ° accepted the grant
of twenty thousand acres of vacant public land for forestry
purposes offered in a Federal act of April 28, 1904 (33 Stat.
L., 536) and one of March 31, 1909 © authorized the accept-
ance by the state for forest demonstration purposes of not
less than two thousand two hundred acres of land from lands
within the Fond du Lae Indian Reservation in northeastern
Minnesota that had been ceded to the United States.

On April 12,19117 a new forestry law became effective
in Minnesota. This act repealed nearly all existing laws for
the administration of state forest lands and for the preven-
tion and control of forest fires. The new act provided
for a forestry board of nine members, representative of the
various educational and economic interests of the state,

. Session Laws, Minn., 1903, ch. 363.

. Session Laws, Minn., 1905, ch. 310. See amendments as to organization of forestry
board in ch. 171 of 1907, and ch. 886 of 1909. Governor made member and expi-
ration of terms of others varied.

3. Session Laws, Minn., 1907. ch. 90.

4. Session Laws, Minn., 1909, ch. 220. See Session Laws, Minn., 1905, ch. 277, in

which provision had been made for additions to the park.

5. Session Laws, Minn., 1905, ch. 83, p. 99. Cf. Grant of Cooper Island (Starr Island)
in Cass Lake, made by Federal Act of June 21, 1906, (34 Stat. L. 325, 352) indi-
rectly repealed by Act of May 23, 1908, (35 Stat. L., 268.)

6. Session Laws, Minn., 1909, ch. 131; Same Gen. St. Minn., 1913, Tiffiany, Sec. 3040-
42; See Act Mar. 19, 1909, ch. 87, addition to state forestry fund.

tle Beery Lae: Minn., 1911, ch.125. See Gen. Stat. Minn., 1913, Tiffany secs.3783 to

Noe

6S FOREST LAW IN AMERICA

with a secretary at a salary of eighteen hundred dollars per
annum. The board was vested with general control and
supervision of all forest interests of the state, and was re-
quired to appoint a trained forester at a salary of not over
four thousand dollars per annum who might appoint an
assistant forester and other employees necessary for the
earrying out of the purposes of the act and fix their compen-
sation with the approval of the board. It was made the
duty of the forester to aequire full information regarding
forest lands of the state, and to adopt such measures as
were necessary to protect the forests from fire. Provision
was made for district rangers and for additional patrolmen
as needed, constituting a fire protective force distinct from
the warden system composed of county and town officials
previously obtaining. The manner in which the members of
the board were to be selected was made definite, and the
provisions as to railroad operation, the disposal of slash
and the enforcement of penalties were modified by an act
of April 2, 1913.! Another act of 1913? fixed the salary
of the assistant forester at twenty-seven hundred dollars.
On March 19, 1913 * the name “state forests’? was given
by legislative act to the forest reserves of Minnesota. An
act of March 26, 19134 required that notice be given the
state forester of all contemplated logging operations, under
penalty of fine and imprisonment. Another act of 1913 °
made the state forester a member of the state board of tim-
ber commissioners, charged with the sale of timber owned
by the state. An act of April 25, 1913° authorized the
purchase by the state forestry board of all remaining lands
held privately within the boundaries of Itasca State Park.
In the session of 1913 the Minnesota legislature also pro-
vided for the submission to the people of two proposed
amendments to the constitution; one’? of these was directed
to the encouragement of forest planting by authorizing the
payment of bounties by the state, the other * authorizing

. Session Laws, Minn., 1913, ch. 159.

. Session Laws, Minn., 1913, ch. 400.

. Session Laws, Minn., 1913, ch. 86.

. Session Laws, Minn., 1913, ch. 114.

. Session Laws, Minn., 1913, ch. 383.

. Session Laws, Minn., 1913, ch. 531, cf. S. L., 1911. ch. 275, allowing reservation of
minerals. Act April 28, 1913, S. L. ch. 559, re administration of park. Act April
15, 1913, S. L., ch. 273, providing for trails in Burntside State Forest.

. Act Mar. 14, 1913, S. L., ch. 591.

Act Apr. 3; LOLS Ss doe Ch. 592:

OUP WNe

00 ~J

ADMINISTRATION BETWEEN 1900 and 1916 69

the legislature to set aside as state forests such of the school
and other public lands as should be found better adapted
for the production of timber than for agriculture. The
latter amendment was adopted by the people at the general
election of November, 1914.

Mississippi. An act of February 9, 1906! establishing a
geological survey in Mississippi, required such survey to
map all wooded areas of the state, and one of April 14,
1906 ? required the state commissioner of agriculture and
commerce to gather and publish information regarding
the forest interests of the state.

Missouri. ‘To the existing Missouri law making it the
duty of railroads to remove all combustible material from |
their rights of way, an act of May 7, 1909? added a pro-
vision that in case of neglect by a railroad company to com-
ply with the requirements of the law, any person owning
land adjoining the right of way, after three days’ written
notice, might remove such material himself and recover
from the railroad owner double the amount of all expenses
and damages, with costs. The railroad operator was also
subject to a penalty of not over two hundred dollars and
lable for all damages resulting from such neglect of duty.

In a Missouri game and fish law of May 14, 1909‘ it
was made a misdemeanor to set fire to any timber or grass
on state or Federal land, or in any place where it might
spread to such land, or to abandon any camp fire unextin-
guished.

Montana. Under a general land administration act of
March 19, 1909 ° the register of state lands, the state land
agent and the state forester were constituted a forestry
board with the duty of managing the forests of the state of
Montana on forestry principles, of encouraging private
owners in preserving and growing timber and of conserv-
ing forest tracts on the watersheds of the streams of the
state. This board was authorized to expend upon reforesta-

. Session Laws, Miss., 1906, ch. 111.

. Session Laws, Miss., 1906, ch. 102.

. Session Laws, Missouri, 1909, p. 359. Cf. Annot. Stat. 1906, sec. 7503, from act
May 13, 1889, p. 120, requiring the geological survey to report regarding forests
of the state.

. Session Laws, Missouri, 1909, p. 525, sec.

. Session Laws, Montana, 1909, ch. 147, sec. 30 renal 21. See Act Apr. 8, 1909, S. L. ch.
118, regarding national forest revenue.

Whe

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70 FOREST LAW IN AMERICA

tion such sums as the legislature should appropriate. Sec-
tion 53 of this act, which provided for the sale of timber
from state lands, forbade the sale of trees of any species
which were less than eight inches in diameter at twenty
feet from the ground, and such regulations as the state board
of land commissioners should prescribe for the preserva-
tion of standing timber and protection from fire must be
observed in logging operations. County commissioners were
authorized to provide money for forest protection, improve-
ment and management.

The act required that the forester be a man with scien-
tific forestry training and section ten vested in him a gen-
eral direction of all forest activities of the state. His
salary was fixed at two thousand five hundred dollars per
annum, and the employment of a trained man as assistant
forester at one hundred fifty dollars per month by the
board of land commissioners was authorized.

Section ten of the act of March 19, 1909 was amended by
an act of March 7, 1911! so as to require that all field work
in connection with the examination, appraisement and
reappraisement of timber lands then belonging to, or
thereafter acquired, by the state of Montana should be
done by the state forester. This act also made the for-
ester secretary of the board and placed the protection and im-
provement of the state parks and forests under his direction.

Two Montana acts of March 3, 1911? and March 5,
1915% contemplated the maintenance as state forest re-
serves of such timber lands as the state should acquire from
the federal government in lieu of the sections sixteen and
thirty-six that the state would have received for school
purposes if national forests had not been created.

Nebraska. A Nebraska act of April 8, 1903 4 authorized
the establishment of an experimental sub-station west of
the one hundredth meridian for the promotion of theagri-
cultural, horticultural and forestry interests of the state, but
no state forests have been established nor has provision
been made for any special administration of forest interests.

. Session Laws, Mont., 1911, ch. 118; See S. L., 1913, ch. 131 (Forest School.).

. Session Laws, Mont., 1911, ch. 78, p. 145.

. Session Laws, Mont., 1915, ch. 81, p. 107.

. Session Laws, Nebraska, 1903, ch. 114, p. 591. Same Comp. St. 1909, Brown &
Wheeler, par. 61638, sec. 32a.

ewhdre

ADMINISTRATION BETWEEN 1900 and 1916 71

Nevada. A Nevada act of March 16, 1903! that aimed
at the conservation of the water resources of the state, made
it ‘“‘a misdemeanor to sell or offer for sale any live or grow-
ing wood obtained from any common white, yellow, or sugar-
pine tree, or any fir, tamarack, spruce, or flat-leaved cedar
trees less than one foot in diameter two feet from the ground,”’
and imposed a maximum penalty of five hundred dollars
and six months’ imprisonment.

New Hampshire. On February 24, 1903? two sections
were added to the New Hampshire forestry law of 1893.
One of these made it the duty of the forestry commissioner
to make regulations to protect and preserve the land ac-
quired by the state for forest reserves, and the other im-
posed penalties for the violation of such regulations. On
the same day * the legislature authorized the expenditure
of five thousand dollars by the state in obtaining an exami-
nation and report by the bureau of forestry in the national
department of agriculture regarding the forests of the White
Mountain region.

An act of March 10, 19054 vested in the state forestry
commission general supervision of all forest fire activities
of the state. They might require a forest patrol in all or-
ganized towns, and were required to designate a selectman
as forest warden in towns not having an organized fire
department, and to appoint special wardens in unorganized
districts.

An act of April 9, 1909° established a non-salaried for-
estry commission of three persons, who were required to
appoint a forester at an annual salary of eighteen hundred
dollars. The forester was charged with the execution of all
forest work of the state, including the direction of all activi-
ties having in view the prevention and control of forest
fires. He was required to perform educational work along
forest lines and authorized to cooperate with counties,
towns, corporations and individuals regarding the pro-
tection, management and reforestation of forest lands. He
was required to appoint, from persons nominated by the

. Session Laws, Nev., ope No. 176. See Rev. Laws, Nev., 1912, secs: 2118-20.
. Session Laws, N. H, 1903, ch. 25.

. Joint Resolution, N. H., Feb. 24, 1903, 8S. L., ch. 139, p. 149.

. Session Laws, N. H., 1905, ch. 97

. Session Laws, N. H., 1909, ch. 128.

oR ON e

72 FOREST LAW IN AMERICA

selectmen of towns, mayors of cities or citizens of towns,
a suitable person as forest fire warden and such deputy
wardens in each town or city as he deemed necessary. The
state forester might remove wardens and deputies, and he
might require them to patrol their respective districts.
Wardens might arrest without warrant persons who vio-
lated the law after warning, or who were caught in act
of violation. The state might appoint and remove fire
wardens as deemed necessary in unincorporated places, or
require one warden to act for a group of towns or unincor-
porated places. The state was required to pay one-half
of all fire-fighting costs, as audited by the selectmen in
towns or the state forester for unincorporated places.

The forestry commission was authorized to buy land for
forestry purposes whenever any person or persons should
furnish the funds therefor. They were given power to
condemn lands for this purpose, and tracts thus purchased
must be held forever as reservations open to the public.

On April 15, 19111 the maximum salary of the state
forester was increased to twenty-five hundred dollars and
he was required, as directed by the forestry commission, to
divide the state into not more than four districts according
to watersheds and authorized to appoint a district chief
in each, subject to serve as the forester desired not over
eight months annually at not over three dollars per day and
expenses. These district chiefs were to have general di-
rection of fire protection in their respective districts.

This act authorized the planting and removal of trees
from forest reservations, procured through gift, so far as
compatible with the wishes of the donor. The forestry
commission was authorized to receive gifts of land for
forestry purposes and might, with the consent of the gover-
nor and council, purchase land for forest demonstration
purposes, and manage lands accepted or bought under
forestry principles. The state forester was authorized to
acquire land for a state nursery, to sell seedlings to per-
sons desiring to plant them within the state, or to arrange
for private parties to furnish seedlings.

1. Session Laws, N. H., 1911, ch. 166, p. 213.

ADMINISTRATION BETWEEN 1900 and 1916 73

An act of April 12, 19111 authorized the governor, with
the advise of the council and of the forestry commission, to
acquire for the state by purchase, at a fair valuation, such
lands and timber thereon in what was known as Crawford
Notch as they should think advisable. The act appropria-
ted one hundred thousand dollars for this purpose, and
provided for a condemnation of the land under an appraisal
by a special commission whose findings were subject to
review in the courts. The lands acquired were to be held
as a forest reservation and state park ander the management
of the forestry commission, who might authorize the re-
moval of timber for the improvement of the growth thereon,
and, with the approval of the governor and council, could
sell live timber not needed for forest conservation or the
preservation of the scenic beauty of the notch. The pro-
ceeds of all sales were to be applied so far as necessary to
pay the principal and interest on the indebtedness authorized
by the act for the purchase of the land and timber.

An act of May 21, 1913? authorized the state forester,
with the approval of the forestry commission, to hire such
assistants as were necessary and to cooperate with the
Federal government for the promotion of forestry work
in the state.

By an act of April 21, 19152 the state forestry commis-
sion was authorized to accept, reforest, protect and man-
age any tract of land adapted to forest growth that should
be deeded free of cost to the state. The donors of such
tracts, their heirs or assigns, might repurchase such lands
within ten years by a payment of the cost of all improve-
ments and interest thereon at four per cent per annum.
After ten years the land, or the timber thereon, might,
with the approval of the governor and council, be sold by
the commission to the highest bidder after due advertise-
ment. Not more than twenty-five acres were to be thus
reforested for any one person, firm or coporation. This
act also authorized the state forester to furnish planting
‘plans and trees free of charge to counties, municipalities,

1. Session Laws, N. H., 1911, ch. 130. p. 133. Cf. Act April 7, 1915, S. L. ch. 207,
authorizing acquisition of 6,900 acres in Conway.

2. Session Laws, N. H., 1913, ch. 159, p. 696.

3. Session Laws, N. H., 1915, ch. 163, p. 221.

74 FOREST LAW IN AMERICA

and publie institutions, provided the recipients paid the
expenses of planting the trees.

New Jersey. A New Jersey act of Mareh 22, 1905! es-
tablished a state board of forest park reservation commis-
sloners consisting of five members. This board was author-
ized to acquire the fee simple title or any easement or profit
a prendre that it might deem desirable for the state, by
deed, gift, devise or condemnation proceedings. Interests
thus aequired could not be sold, aliened or encumbered
except by act of the legislature. The board was given con-
trol of state forest reserves with authority to forest or re-
forest lands, cut and sell timber from reserves, and adopt
measures of encouragement to the practice of forestry
by private owners. It was made a misdemeanor to fire or
otherwise injure the timber on the reserves. The provision
in this act that reserve lands should be exempt from taxation
was repealed by an act of April 13, 1908, ? providing for
the payment of two cents per acre by the state for local
taxes. An amendment of March 27, 1906 * required a
certification by the state attorney general that the title
was good before land was acquired for reserves, and a sup-
plementary act of March 24, 1906 4 authorized the com-
missioners to make contracts with municipalities or per-
sons for the management of their lands for forestry purposes.

A New Jersey act of April 18, 1906, ° for the protection
of forests from fire, empowered the state forest park reser-_
vation commissioners to appoint a state forest fire warden,
to require the appointment of a fire warden in every town
and to remove such wardens. The state warden was given
authority to direct the work of town wardens and to re-
quire a patrol in dangerous periods. The entire cost of
fire control on state reservations and one-half of that on
other lands of any town, was made payable by the state.
This act was amended on April 13, 1908 © to authorize

1. Session Laws, New Jersey, 1905, ch. 47.

2. Session Laws, New Jersey, 1908, ch. 214, p. 427.

3: Session Laws, New Jersey, 1906, ch. 46, p. 70. ee Act May 8, 1907, ch. 143, author-
izing acquisition of lands under water.

4. Session Laws, New Jersey. 1906, ch. 25. See am’d’t S. L., 1911, ch. 19. Cf. Act
April 20, 1906. S. L. ch 136, p. 261. (State to aid in the management of munici-
pal forests.)

. Session Laws, N. J., 1906, ch. 123, p. 221.
. Session Laws, N. J., 1908, ch. 218.

an

ADMINISTRATION BETWEEN 1900 and 1916 715

the commissioners to determine the size of the districts to
be protected by one warden and to require a report to the
state officials of all fires.

The act of March 22, 1905 was amended on March 14,
1911! to authorize the appointment of one or more ward-
ens for each forest reserve who should have the same power
as township wardens to summon male residents for fire con-
trol and require use of equipment, payment to be made by
the state; and an act of April 1, 1913? amended section
two of the act of March 22, 1905 by giving the state board
power to lease, sell or exchange forest reserve lands in
furtherance of the purposes of the original and supplemen-
tary acts, but the approval of the governor to sales and
exchanges must be obtained. All moneys derived from such
sales, leases or exchanges were to be paid into the state
treasury as a special fund, subject to expenditure by the
board for any of the purposes expressed in the act. On
February 25, 1913° the chief forester employed by the
board was designated state forester and required to act
as secretary and administrative agent of the commission.

On April 8, 1915‘ a non-salaried, non-partisan Board
of Conservation and Development, to consist of eight men
appointed by the Governor and Senate, was established
in New Jersey. In this board was vested all authority for-
merly appertaining to several boards and commissions,
including the Board of Forest Park Reservation Commis-
sioners. The new board was required to appoint a quali-
fied engineer, forester or geologist, as Director of Conser-
vation and Development, at a salary of not over five thou-
sand dollars per annum, for a term of four years. This
board was authorized to create divisions in the Department
of Conservation and Development and appoint an expert
at the head of each division, the Director to be the chief
of one such division. The Director might be removed by
the Governor, in his discretion, after a hearing upon charges
filed by a majority of the members of the board. Officers

1. Session Laws, N. J., 1911, ch. 20, p.

2. Session Laws, N. J, 1913, ch. 187, a 339. Ci, Act Apry i; 191255 SS. i. ch: 1329;
p. 576, authorizing the Board to make agreements by which the public might
enjoy the use of lakes and ponds privately, owns

. Session Laws, N. J., 1913, ch. 23, p. 37

. Act April 8, 1915 S. L. ch. 241.

we OO

76 FOREST LAW IN AMERICA

and employees of the board were to be appointed and to
hold office under the terms of a state civil service act. The
transfer of the powers and duties of the several preexisting
boards and commissions to the new board became effective
June 30, 1915, except as to the State Water Supply Com-
mission, which became effective June 30, 1916.

Under authority of an act of April 6, 19151 the Board
of Conservation and Development received general author-
ity to cut and sell timber from state lands or to devote any
portion of such lands to agricultural uses, subject to the
requirement that the welfare of the people of the state. and
the general purpose of maintaining, improving and ex-
tending the forest area owned by the state must be observed.
By act of April 21, 1915? the board was authorized to
contract with counties or municipalities for the use of
forest reserves as public parks on condition that the mu-
nicipalities pay the additional costs resulting from such use.

New Mexico. No state forest administration legisla-
tion had been enacted in New Mexico prior to the end
of the year 1916. 3

New York. On February 19, 19004 a new law for the
protecton of forests, fish and game was enacted in New
York. Section two hundred sixteen of this act included
within the forest preserve the county of Delaware, thus
making the preserve include all lands then owned or there-
after to be acquired by the state in the counties of Clinton,
Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer,
Lewis, Oneida, Saratoga, Saint Lawrence, Warren, Wash-
ington, Greene, Ulster and Sullivan, except lands within
Altona and Dannemora townships in Clinton County,
lands within the limit of any village or city, and lands not
wild acquired by the state on foreclosure of mortgages
to loan commissioners. Section two hundred seventeen
defined the limits of the Adirondack park which was to
be forever “‘reserved and maintained for the free use of all

. Session Laws, N. J., 1915, ch. 165, p. 324.

. Session Laws, New Jersey, 1915, ch. 382 p. 714.

. Annot. Stat. N. M., 1915. Nothing other than Sec. 1350-53 from Act Mar. 18,
1909, ch. 119 and Mar. 10, 1915, ch. 38 regarding Nat’l. For. revenue.

. Session Laws, N. Y., 1900, ch. 20, p. 22, p. 61.

» whe

ADMINISTRATION BETWEEN .1900 and 1916 vi

the people.”’ Section two hundred eighteen constituted all
of the St. Lawrence River within the state, and all islands
therein and lands held by the state along the shore, an inter-
national park under the name “Saint Lawrence Reserva-
tion.”

This act abolished the commission of fisheries, game and
forests created in 1895, and substituted a forest, fish and
game commission of five, appointed by the governor and
senate for terms of five years, with a salary of three thous-
sand dollars to the president, twenty-five dollars to each of
the others, and eight hundred dollars traveling expenses to
each. | This commission was charged with the control
of the forest preserve and all public parks, including
fire protection. Subject to the approval of the
commissioners of the state land office they were authorized
to purchase lands within the Adirondack park with a reser-.
vation of all timber twelve inches or over in diameter at
three feet from the ground and to contract with private
parties for exemption of their wild lands from taxation for
state or county purposes, provided no timber, except
spruce, tamarack and poplar over twelve inches in dia-
meter, were cut, nor a clearing made in excess of one acre
in each one hundred. Moneys derived from the sale or
lease of lands within the preserve were made available
only for the purchase of lands to extend the preserve. An
act of April 23, 19002 amended the above by the addition
of three sections providing that the engineer of the forest,
fish and game commission should act as superintendent of
forests, and authorizing the commission to appoint a chief
fire warden at an annual salary of fifteen hundred dollars
and expenses, and three expert foresters at salaries of not
over one thousand dollars each to act as deputy wardens
and be employed in “reforesting the burned, barren or de-
nuded lands in the forest preserve, and in such work as
may tend to the improvement and increased value of the
state forest.’”’ The superintendent was given general cus-
tody of the forest preserve and required to report annually
to the commission as to the timber products of the forests
and the extent of forest fires and consequent losses. The

1. S. L. 1900, ch. 20, sec. 150 and 152.
2. Session Laws, N. Y., 1900, ch. 607, p. 1337.

73 FOREST LAW IN AMERICA

chief fire warden was given general supervision of all town
and district wardens.

On March 12, 1901! a single forest, fish and game com-
missioner appointed by the governor and senate for a term
of four years at an annual salary of five thousand dollars
and expenses was substituted for the commission of five
provided in the act of the previous year. This commissioner
was authorized to appoint a deputy at a salary of twenty-
five hundred dollars, to hold office during the pleasure of
the commissioner. Provision was made for two non-sal-
aried associate commissioners, to serve only until January
1, 1903. The forest preserve board was also abolished and
its duties vested in the forest commissioner. In his dis-
cretion the governor might after January 1, 1903, from
time to time, appoint two commissioners of the land office
to act with the forest, fish and game commissioner in ac-
quiring lands under the provisions of chapter two hundred
twenty of 1897, and these three were to constitute a board
with the same powers as the former forest preserve board,
but no lands could be acquired without the consent of the
governor.

On May 3, 1901? chapter two hundred twenty of 1897
was amended so as to permit the owner of forest land ac-
quired by the state by purchase to reserve the “‘soft tim-
ber’? down to eight inches in diameter at the stump with the
right to remove it; and so as to authorize the taking of land
subject to any lease, mortgage, or other encumbrance, not
extending more than ten years beyond the date of purchase,
the amount or value of such lien, encumbrance or timber
right to be deducted from the total value of the land and
timber.

On April 2, 1902 the section of chapter 20 of the laws
of 1900 dealing with prosecutions for trespass within the
forest preserve was amended. The penalty was made ten
dollars for each tree cut, and in lieu of a moiety to the in-
former of twenty-five dollars, or one-half if the net collec-
tion were under fifty dollars; the new act gave the informer

1. Session Laws, N. Y., 1901, ch. 94, p. 230.

2. Session Laws, N. Y., 1901, ch. 652, p. 1663.

3. Session Laws, N. Y., 1902, ch. 334. p. 896. Cf. amendment in Act April 22, 1905,
S. L. ch. 285, p. 540 sec. 222; Act April 12, 1906, S. L., ch. 206, p. 433, sec. 224a.

ADMINISTRATION BETWEEN 1900 AND 1916 79

fifty dollars, or one-half if the net collection were less than
one hundred dollars.

An act of April 5, 1904! established the boundaries of
a state park in the Catskill region, and one of April 13,
1904? modified the boundaries of the Adirondack park, as
defined in section 217 of chapter twenty of 1900. On May
3, 1904 ° the limit of three thousand dollars per annum as
the amount to be paid for foresters was removed, and the
appointment of five assistant state fire wardens was author-
ized.

On April 4, 1908, * the New York forest law as contained
in chapter twenty of 1900 and its amendments was re-
vised and reenacted as a whole. This revision provided for
a single forest, fish and game commissioner, appointed by
the governor with the advice of the senate for a term of
four years at a salary of five thousand dollars per annum
and expenses, who was empowered to appoint a deputy at
three thousand dollars per annum, and was given full con-
trol in the administration of state forest lands and publie
parks.

The forest preserve as defined by this act comprised the
same sixteen counties with the same exceptions as the pre-
vious law. The boundaries of the Adirondack and Catskill
parks and of the Saint Lawrence Reservation were defined
in full. All powers regarding the preserve and park vested
in the commissioners of the state land office and in the comp-
troller by the act of May 15, 1885, were transferred to the
forest commissioner, and he was given exclusive authority
to institute suits regarding the title to land within the state
preserves or parks, and to secure injunctions against tres-
pass upon the state lands. He might build roads within
state lands, and was required to make rules for the preven-
tion of fire and prepare and distribute literature for the fur-
therance of the forest interests of the state.

The unauthorized removal from state lands of timber
having a value less than twenty-five dollars was made a
misdemeanor, and the taking of timber of a value in excess
of twenty-five dollars was declared a felony. The former

. Session Laws, N. Y., 1904, ch. 233, p. 427.
. Session Laws, N. Y., 1904, ch. 304, p. 818.
. Session Laws, N. Y., 1904, ch. 590.

. Session Laws, N. Y., 1908, ch. 130, p. 299.

mone

80 FOREST LAW IN AMERICA

penalty of ten dollars for each tree to be recovered in an
action for damages or in a separate action was retained.

The provision of the previous law regarding the designa-
tion of two commissioners of the state land office to act with
the forest commissioner in the purchasing of land within
the forest preserve was retained. The owner of lands taken
by condemnation proceedings was allowed an appeal to
the court of claims. No payments for land purchased
were to be made until (1) the reserved timber was cut, (2)
or the time limit for cutting had expired or a formal re-
lease had been executed, (3) the purchasing board was
satisfied that no trespass on state lands had been committed,
and (4) all rules had been complied with.

The provisions as to the appointment of a chief fire
warden, foresters, inspectors and other employees remained
the same as established by chapter two hundred six of 1906,
but section 4 authorized the commissioner to appoint a
superintendent of forests and assistant superintendent.

The law regarding the operation of railroads remained
substantially unchanged, but the net collections for all
fines were made available for use in the enforcement of the law.

By an act effective May 25, 19091 the salary of the
commissioner of forestry in New York was increased to
six thousand dollars, and the scope of the duties of the su-
perintendent of forests was extended. This act modified
the procedure in enforcing the rights of the state within the
forest preserve, and to section fifty-six of the forest law
authorizing the use of streams by persons logging lands
within the preserve were added provisions requiring the
lopping of limbs and branches from all trees cut within the
forest preserve. The greater part of this act related to the
organization of fire districts and the construction of means
for controlling forest fires in the Adirondack region, but
it also required the superintendent of forests to annually
report to the commissioner theamount of lumber and wood
used for commercial purposes that was grown within the
state, and imposed a penalty of one hundred dollars for
a refusal of any manufacturer or consumer to furnish
him information of this character.

1. Session Laws, N. Y., 1909, chap. 474, p. 1136.

ADMINISTRATION BETWEEN 1900 AND 1916 81

An act of April 5, 1910! authorized the reforestation of
land within the state forest reserves, the propagation or
purchase of forest trees for such purpose, and the selling
of young trees at cost to citizens for the reforesting of lands
within the state; and one of June 24, 19102 gave the
forest commissioner power to bring any action in the name
of the people regarding lands in the preserve that any
private owner could bring.

By an act approved July 12, 1911% a conservation de-
partment, with three distinct divisions, namely, lands and
forests, inland waters, and fish and game, was created in
New York. The Conservation Commission which, with a
few exceptions, was to succeed to all the powers of the
forest purchasing board, the forest, fish and game commis-
sion or commissioner, the commissioner of water power on
Black River and the state water supply commission, was
to consist of three members appointed by the governor, with
the advice of the senate, for terms of six years at a salary
of ten thousand dollars per annum and expenses, each. No
one interested in lumbering or hydraulic power within the
forest preserve counties was to be eligible to appointment
as a commissioner or as other high officer, of which there
were several with very large salaries provided.

This commission was authorized to purchase or condemn
forest lands, with the consent of the governor; to administer
all laws regarding tree culture, reforestation and manage-
ment of parks or other state lands, and to establish and
maintain forest nurseries upon any unused lands of the
state for reforestation purposes.

On April 16, 1912+ the whole New York law directed
especially to the conservation of forests within the state
preserve and parks and to other so-called waste or forest
land was revised and reenacted. In the enumeration of
the general powers of the conservation commission given
in section fifty-three of this new conservation act, it was
provided that the commission should cause investigations

pilot rcoraling Gt: a6sot doce; waien wae catitiade in Act to. cesate.s forest
CN SI en Rs I
se We eect repented aguecsriatGa) act Julg 28, 1611, 8. Lo

ch. 851, p. 2382 (Syracuse forest school.)
4. Session Laws, N, Y., 1912, ch. 444, p. 883.

wr

82 FOREST LAW IN AMERICA

to be made as to reforestation, prevention of fires, rate
of growth, periodic yield, and other subjects necessarily
incident to the practice of forestry. Not only was the com-
mission given all powers relating to the forest preserve and
the Adirondack and Catskill parks formerly vested in the
forest purchasing board and the forest, fish and game com-
mission, but they were authorized to accept gifts or devises
to the state of the fee or any other estate in lands to be used
for forestry purposes, or to accept money for the acquiring
or improving of realty for forest purposes. They were
given the right to inspect all public parks and reservations,
and authorized to cooperate with the commissioners of
the Palisades Interstate Park and other state commissions
and officers regarding the lands under their charge and the
care and preservation and improvement of the forests
thereon.

This act authorized the employment of such foresters,
in addition to the superintendent and assistant superin-
tendent of forests, as should be necessary, and the employ-
ment of a forest pathologist. The commission was given
full power to establish nurseries or purchase forest trees for
the reforestation of any forest, park or other lands of the
state, including the lands held by state institutions, and,
with the consent of the tribes, to reforest lands within In-
dian reservations. Stock grown in state nurseries might
also be planted on private lands under such contracts, terms
and conditions as the commission should consider in the
publie interest, or be sold to municipalities or private owners
at not more than the cost of production for the reforesting
of lands within the state. The use of convict labor in state
forestry work and the transportation of nursery stock by
common earriers free, or at special rates, was authorized.
Trees and shrubs, other than forest trees, might also be
propagated for use in highways or at state institutions.

The sections of the previous law regarding trespass upon
lands, determination of title to lands, and partition of
lands in which the state claimed an interest, and those re-
garding the acquisition of lands, were revised. Owners of
land purchased or appropriated by the state were authorized
to ‘‘reserve the trees thereon eight inches or more in diameter

ADMINISTRATION BETWEEN .1900 AND 1916 83
breast high,’’ at the time of purchase or service of notice,
if made within six months from the notice of appropriation.
The restriction of the former law as to the reservation of
timber within twenty rods of a lake, pond or river, and as
to the time and manner of removal, were retained, and the
language of section seventy-six indicated that the right to
reserve timber was to apply only to soft woods. The
provisions of the previously existing law as to appraisement
of land and timber, perfecting and transfer of title, manner
of removal of timber and time of payment were reenacted.

The commission was given authority to enter upon
private forest or woodland for inspection relative to the
practice of forestry and to advise the owner or occupant as
to proper management thereof; and was empowered to
classify separately for purposes of taxation private lands of
five acres or more considered by the commission unsuitable for
agriculture upon the execution of an agreement by the
owner to reforest and manage such waste, denuded or wild
lands for purposes of forest production according toregu-
lations prescribed by the commission. The provisions of
existing law regarding the patrol of the woods, the control
of fires, the payment of the expenses of fire fighting, the
building of the fires in the open, the precautions required
by railroad operators, the closing of the hunting season
in times of drought, and the gathering of forest statistics,
were substantially reenacted. The salary of the secretary
of the commission was raised from thirty-five hundred
dollars to five thousand dollars per annum.

An act of May 15, 1913! amended the section of the
conservation act defining the powers of the commission
as to the determination of the title to land by specifying
that legal steps might be taken “‘in trespass, ejectment or
other suitable action,’’ and several amendments mostly
dealing with problems of fire protection were contained in
the act of May 24, 1913. ?

An act of April 6, 1914 provided for the borrowing of
not to exceed one hundred thousand dollars in the name

1. Session Laws, N. Y., 1913, ch. te p. 1394; an amendment identical with this was
made by ch. 719 of Laws of

2. See discussion under chapter uals forest fire legislation. In section 63, deal-
ing with trespass upon state lands, an erroneous reference to section 110 instead
of section 190 was corrected.

3. Session Laws, N. Y., 1914, ch. 139, p. 417.

84 FOREST LAW IN AMERICA

of the state whenever the conservation commission should
certify to the governor that an emergency exists whereby,
through an insufficiency of appropriations, it is impossible
to protect the forests of the state from fire; and one of April
23, 1914! inserted a new section in the conservation law
directing a public hearing and a certain form of procedure
when land within the preserve was to be segregated by the
state for reservoir purposes to meet the needs of municipal
water supply, to supply state canals, and to regulate the
flow of streams as authorized by an amendment to section
seven of article seven of the state constitution, which was
adopted by the people of the state at the general election
of November 4, 19132 and which limited the area to be
thus used to three per cent of the area of the forest preserve.

On April 16, 1915% chapter six hundred forty-seven of
1911 was amended by the substitution of one conservation
commissioner at a salary of eight thousand dollars per annum
for the existing three members. This single commissioner,
who was to exercise all the powers and duties formerly vested
in the three, was to be appointed by the governor with the
approval of the senate for a term of six years, subject to re-
moval by the governor after public hearing. The appoint-
ment of a deputy commissioner at six thousand dollars, a
secretary at three thousand dollars, a superintendent of
forests at four thousand dollars, an assistant superintendent
of forests at two thousand five hundred dollars, an engineer
at four thousand dollars, and two assistants at three thou-
sand dollars each was, authorized.

By a concurrent resolution passed at the session of 1913,
the New York legislature proposed an amendment to arti-
cle seven of the state constitution by the addition of a new
section which should authorize the removal of mature, dead
and fallen timber from the lands within the state forest
preserve, the leasing of camp sites, and the sale, under such
provisions as should be made by the legislature, of lands
outside the limits of the Adirondack and Catskill parks,
the proceeds of which sales should be used for the purchase
of other land or for reforestation of lands held by the state.

1. Session Laws, N. Y., 1914, ch. 493, p. 1995.

=

ADMINISTRATION BETWEEN 1900 AND 1916 85

An identical resolution was adopted by the legislature of
1915, but on account of the inclusion in the 1915 resolution
of the provision of the 1913 resolution as to a reference of
the subject to the following legislature, the attorney gen-
eral held that the question could not be submitted to the
people as required by the state constitution. !

The proposition of submitting such an amendment to
the electorate was urged before the constitutional con-
vention of 1915, but although this convention adopted for
submission a constitutional amendment providing for a
department of conservation to consist of nine non-salaried
commissioners, one authorizing the removal of dead trees
and timber from the state lands for the purposes of reforesta-
tion and fire protection, and one requiring annual appro-
priations of the legislature for forest improvement, the sale
of timber was forbidden. The proposed amendment was
defeated by a very large majority in the election of Novem-
ber, 1915.

By an act approved May 9, 1916? article four of the
conservation law was entirely revised and reenacted. The
new law defined with minor changes the powers and duties
of the commission as fixed in chapter 444 of 1912 and its
amendments. It authorized the employment of a superin-
tendent of forests at four thousand dollars per annum, an
assistant superintendent at twenty-five hundred, a chief
land surveyor at twenty-four hundred, five foresters and
such assistant foresters as should be required for general
purposes, a technically trained pathologist, two expert
chief railroad inspectors, a land clerk at one thousand
dollars, an auditor of fire accounts at eighteen hundred
dollars, five district forest rangers at fifteen hundred dol-
lars each, such forest rangers and fire observers as should
be needed in the fire towns at not over seventy-five dollars
per month, and the necessary fire wardens at not exceed-
ing twenty-five cents per hour for the time actually em-
ployed.

The superintendent and assistant superintendent of
forests, the five foresters and all assistant foresters employed
were required to be trained foresters and vacancies in the

1. Session Laws, N. Y., 1913, p. 2230, and Session Laws, N. Y., 1915, p. 2698.
2. Session Laws, N. Y, 1916; ch. 451, p. 1189.

S6 FOREST LAW IN AMERICA

positions of superintendent and assistant superintendent
must be filled by promotion examination. All officials
named above prior to the Auditor of fire accounts were
placed under the competitive civil service classification.
The rangers and observers employed by the month and the
temporary fire wardens were excepted from competitive
civil service classification. All of the officers named above
except the assistant foresters, the pathologist, the land
clerk, the auditor of fire accounts and the fire wardens em-
ployed temporarily were given the power to arrest without
warrant any one committing a misdemeanor under the
provisions of the act, but all were forbidden to compro-
mise or settle any violation without the order of the com-
mission.

This act contained very detailed provision as to the
methods of fire control to be used, as to the operation of
railroad trains through forest lands, and as to the damages
collectible because of injury to property from fires set in the
open.

The previous provisions of the conservation law (Secs. 66
to 87, Art. 4, Ch. 444 of 1912) as to the acquisition of pri-
vate lands for State reserve purposes and the reservation by
the owners of the timber thereon were incorporated in the
new law in substantially the same form in a single section
numbered 59. A new section (No. 61) defined under sepa-
rate headings the restrictions which were imposed as to
private use of land, timber and buildings within the forest
preserve area. This act defined explicitly the forest pre-
serve, the Adirondack Park, Catskill Park, (with a change
of boundary), St. Lawrence reservation, John Brown farm
and the reservation at Cuba lake in Allegany and Cattarau-
gus Counties. The words “forest land’? were declared to
include not only lands covered with tree growth, but also
lands which were best adapted to forests, and the expres-
sion ‘forest fire’? was declared to include a fire which if
permitted to extend, would burn a forest or upon forest
land. The towns to be considered ‘“‘fire towns’? under the
provisions of the act were enumerated, and ‘“‘person’’
“rieht of way,” ‘fire patrolman,” and “railroad company”
were defined.

ADMINISTRATION BETWEEN 1900 AND 1916 87

The act provided penalties for the cutting of trees, set-
ting of fires, or other offenses and reenacted in section 57
the existing law (L. 1912, Ch. 444, Art. 4, Sec. 89)
as to tax exemption for wild lands maintained for forest
growth purposes. The existing provision requiring private
manufacturers and consumers of forest products to make a
report of the same was retained in section 58.

Section 60 (Cf. Act March 26, 1912, S. L. Ch. 74) author-
ized any county, city, town or school district to acquire
lands by purchase, gift or condemnation for use for forestry
purposes, and authorized the conservation commission to
assist the local governing boards and furnish free stock for
planting on such publicly owned lands. The net revenue
of such lands was to be used by the municipal divisions
owning the lands.

An act, approved May 15, 1916,! provided
for the issuance ‘of State bonds in the sum of ten
million dollars for the purchase of private lands,
seven and one-half millions to be expended in con-
solidating the State holdings within the forest pre-
serve counties and two and one-half millions for additions
to the Palisade Interstate park. In the election of Novem-
ber 7, 1916, the electors of the State approved the bond issue
contemplated by this act.

North Carolina. On March 6, i905,2anew and more
comprehensive law regarding the state geological survey
was enacted in North Carolina. Under the provisions of
this act, authorizing the state geologist to employ such ex-
perts and assistants as should be deemed necessary by him-
self and a geological board, a forester was promptly employed.

An act of February 6, 1909.* provided that upon the
written application of any owner of land lying at an eleva-
tion of two thousand feet or more above sea level, the
governor might in his discretion declare the land or any
part of it “‘a state forest of North Carolina.’’ Lands thus

1. Session Laws, N. Y., 1916. ch. 569, p. 1865.

2. Session Laws, N. C., 1905, ch. 542. p. 548. See S. L. 1911, ch. 211, providing fur-
ther means of disseminating information obtained. Cf S. L. 1901 ch. 17, authorizing
the acquisition of national forests (Same in Pell’s Revisal, 1908, Sec. 5430); and
S. L., 1903, p. 1183, providing for examination by geological survey of need for
such forests.

3. Session Laws, N. C,, 1909, ch. 89, p. 107. Same in Suppl. 1911, to Pell’s Revisal,
1908, Secs. 4434a-4434f.

SS FOREST LAW IN AMERICA

classified by the governor were to remain state forest for a
period of thirty years. The owners of tracts thus classified
were required to manage the forest in a conservative man-
ner according to a working plan to be approved by the
state geological and economic survey, and to pay an annual
county school tax of one-half cent per acre. The governor,
with the approval of the county commissioners, might ap-
point as state forest wardens men designated by the owners,
but these wardens were to receive no compensation except
from such owners. These wardens might arrest, without
warrant, for offenses against the state laws for the pro-
tection of forests, were required to protect the forest par-
ticularly against fire, and were given the same privileges
and protection as sheriffs.

By an act of March 9, 19151 the governor of North
Carolina was authorized, upon the recommendation of the
geological board, to accept gifts of land to the state for the
demonstration of the practical utility of timber culture,
water conservation, and as refuges for game. The state
geological board were authorized to purchase lands for
state forest purposes, as funds should become available,
upon which county taxes should be paid by the state upon
the same basis of assessment as private lands were taxed.
All moneys received from the sale of wood, timber, minerals
or other products from state forests were made available
for general forestry purposes. An act of March 9, 1915, *
vesting general authority for the control of forest fires in
the state geological board, made the forester of such board
the state forester and ex-officio state forest warden with
the authority to appoint township and district forest
wardens, subject to the approval of the board.

North Dakota. On March 11,1913? the state of North
Dakota created the office of state forester, which should be
filled by the president of the state school of forestry; es-
tablished a forest tree nursery at such school, and required
the state forester to grow and distribute tree seeds and seed-

1. Session Laws, N. C., 1915, ch. 253, p. 329.
2. Session Laws, N. C., 1915, ch. 243, p. 319.

3. Session Laws, N. Dak., 1913, ch. 170, p. 233 (Comp. L. 1913, sec. 1679a to 1679d.)
Cf. Act March 19, 1907, ch. 100, defining scope of instruction at state school of
forestry, (Comp. L. 1913, sec. 1674-1679.) and Act March 11, 1909, S. L. ch.

125, p. 135, providing for forest fire wardens. See S. L., 1911, ch. 193; same in
Comp. L., 1913, sec. 1950a regarding nationa: forest revenue.

ADMINISTRATION BETWEEN 1900 AND 1916 89

lings to citizens and land owners of the state upon payment
of cost of transportation from the nursery to the place of
planting and an agreement to plant according to the in-
struction of the forester. The applicant was also required
to pay for the services of skilled assistants for which appli-
eation was made. The forester was also required to do ex-
tensive educational work.

Ohio. On March 17, 19061 the act of April 16, 1885,
establishing a state forestry bureau at the state university
at Columbus, was repealed and a department of forestry
was established at the state agricultural experiment station
at Wooster. In addition to the investigation of the char-
acter and extent of the waste and decay of forests, the sug-
gestion of legislation and the maintenance of an experi-
mental station authorized in the earlier act, the act of 1906
specifically required investigations as to the species suitable
for planting, the cost and best methods of managing woods,
the rate of growth and relative value of different species,
and the methods of treatment to prevent decay. Coopera-
tion with the United States was authorized on condition
that the amount expended by the state should not exceed
the amount extended by the Federal government. No
extra compensation for the forestry work was allowed by
the board of control.

An act of May 3, 1913? creating an agricultural com-
mission for the state of Ohio repealed the provisions of the
act of March 17, 1906 (as contained in sections 1166 to
1170 of the Page and Adams General Code of 1910), but
section 110 of the new law vested in the agricultural com-
mission the former duties of the board of control and sec-
tion 111 authorized cooperation with the federal govern-
ment in forestry work without the restriction that the state
expenditure should not exceed that of the federal govern-
ment. Section 93 of the new act required scientific forestry
research at the state agricultural experiment station and
section 98 required that county experimental farms be used
for forest demonstration purposes. Authority for the con-

1. Session Laws, Ohio, 1906, vol. 98, p. 54.
. Session Laws, Ohio, 1913, Vol. 103, p. 304, secs. 93, 98, 110, 111. Faris in Suppl.
to Gen. Code. pub. 1916, secs. 1170, 1171-4, 1175, 1177-10, 1177-

' 90 FOREST LAW IN AMERICA

tinuance of the forestry department at the experiment
station was implied in the language of section 95, pro-
viding that the director of the agricultural experiment
station should have authority to select the necessary chiefs
of departments.

An act of April 8, 1915,! reestablishing a board of con-
trol for the state agricultural experiment station, reenacted,
in sections 1171-4, 1175, 1177-16 and 1177-11, the provisions
of the act of May 3, 1913 as to forestry work with the ex-
ception that general supervision over such work was vested
in the board of control.

An act of June 4, 1915,? authorized the board of control
of the experiment station to buy forested land or other
land suitable for the growth of forest trees, at a price of
not over ten dollars per acre to the amount that should be
appropriated. These lands were to be known as state
forests. The board was given full custody of such lands
with authority to plant, protect and manage forests thereon.
With the consent of the attorney general, this board might
sell such portions of such forests at not less than the cost
with interest thereon. The act carried an appropriation
of ten thousand dollars for purchases.

Oklahoma. Although there are large areas of pine and
oak in the eastern part of the state owned privately, no
forest legislation of an administrative character had been
enacted in Oklahoma prior to January 1, 1917. °

Oregon. On February 22,1905‘ provision was madein
Oregon for the appointment of a forest fire ranger in each
county of the state, to be paid by the property owners re-
questing such appointment. No appropriation was made
by the state. An Oregon act, filed February 23, 1907, °
repealed the act of 1905 and created a state board of forestry
of seven members without compensation. This board,
with the governor as chairman, was authorized to appoint

1. Session Laws, Ohio, vol. 105, p. 122. Same in Suppl. 1916 to Code 1910, secs. 1171-4
P75, LEtiH10, Pu f=:

2. Session Laws, Ohio, vol. 106, p. 540. Same in Suppl. 1916 to Code of 1910, secs.
1177-10a, 1177-10d.

3. Rev. Laws, 1910, sec. 432 (street), sec. 6642-43 (boundary line), all refer to owner-
ship of trees; Annot. Code, 1915, Burns, contains no new law.

4. Session Laws, Oregon, 1905, ‘ch. PPT OR ols

5. Session Laws, Oregon, 1907, ch. 131, p. 241.

ADMINISTRATION BETWEEN 1900 AND 1916 91

fire wardens where they deemed the services of wardens
necessary and to appoint others, at the request of county
officials or private owners, who should be paid by the counties
or the owners making the request. The board was given
no administrative duties other than those connected with
forest fire protection, and with very limited annual appro-
priations little more than an education of the public as to
the need of forest protection could be accomplished.

By an act that became effective February 24, 1911, 1!
Oregon repealed chapter one hundred thirty-one of 1907
and substituted a much more comprehensive act. The
new law created a state board of forestry of which the five
members, beside the governor and the head of the forest
school of the state agricultural college, should be appointed
upon the recommendation of associations representing
various interests. This board was required to appoint a
practical forester at a salary not exceeding three thousand
dollars per annum, who might select a deputy at not over
eighteen hundred dollars per annum.

The forester, under the direction of the Board, was to
have executive control of all forestry work in the state,
including forest fire protection. The act contained provi-
sions as to camp fires, the operation of railroads and the
disposal of slashings, and appropriated sixty thousand
dollars for general forestry purposes, including salaries.
County boards were authorized to appropriate money for
forest protection. ?

An act of February 25, 1913° provided that such lands
as should be acquired by the State of Oregon from the
United States in leu of school sections included within the
Santiam national forest should be withdrawn from sale for
fifty years and administered by the board of forestry as a
state forest, the revenue from which should be devoted to
the common schools of the state, and such forest was made

. Session Laws, Oftegon, 1911, ch. 278, p. 475.

. See Act of February 21, 1913, Sh iin ch. 90, p. 154, authorizing county judges to
issue permits for ‘burning, and Act of February 26, 1913,.S. L. ch. 247, p. 483,
requiring residents to protect own lands, failing which the state should protect
at cost not over five cents per acre per annum with lien on land therefor. See

S. J. R. No. 26 8S. L. 1911, p. 613 requiring inquiry as to faults of this law.

3. Session Laws, Oregon, 1913, ch. 124, p. 221.

Nr

92 FOREST LAW IN AMERICA

available to the state school of forestry for demonstration
purposes.

Pennsylvania. On February 25, 1901! a Department
of Forestry was established in Pennsylvania. The Commis-
sioner of Forestry, who was to receive a salary of three thou-
sand dollars per annum and expenses, together with four
other citizens to be appointed by the governor and senate
were to constitute the State Forestry Reservation Com-
mission. This commission, the members of which were
to be appointed for terms of four years each, was authorized
to purchase at a rate not exceeding five dollars per acre,
any lands that it considered necessary for state forest pres-
ervation purposes. It was given power to prescribe rules
of management, to sell timber and to lease forest lands for
mining purposes. One-half of the revenue derived from for-
est reserves was to be paid to the township within which
the land was situated. Forest reserves were exempt from
taxation, but the expenditure of twenty-five dollars per
annum on roads within the forest, and one-half that
amount upon roads bordering the reserves, was authorized.
Heavy penalties for trespass or the setting of fires upon the
reserves were provided. An act of March 25, 1903?
provided for a deputy commissioner of forests at a salary
of two thousand five hundred dollars and additional cleri-
eal assistance was given.

On March 11, 1903°* forest officers were given the power
to arrest without warrant any person detected violating
the forest laws within or adjacent to the reserves, and one
of April 15, 19034 limited further expenditures in the
purchase of forest reserves to three hundred thousand dol-
lars in each fiscal year, but made future proceeds from the
reserves available for administrative expenses and the
purchase of other lands.

A school for the training of forest wardens for state ser-
vice was provided for in an act of May 138, 1903 ° directing

. Session Laws, 1901, No. 9, p. 11.

. Session Laws, 1903, No. 59, p. 60.

. Session Laws, 1903, No. 29, p. 24.

. Session Laws, 1903, No. 146, p. 201; cf. Laws 1903, p. 200, authorizing rights of
way for street railways through state forest reserves, and 1903, p. 454, direct-
ing the establishment of a sanatorium within a state forest reserve.

5. Session Laws, Pa., 1903, No. 295, p. 373.

BONE

ADMINISTRATION BETWEEN 1900 AND 1916 938

the acquisition of land and buildings suitable for such pur-
pose near the Mount Alto State Forestry Reservation.

The exemption of large areas of state forest lands from
taxation aroused the opposition of local communities, and
on April 5, 1905,1 the legislature authorized an annual
payment of three cents per acre for schools and two cents
per acre for general township purposes for the benefit of
the political subdivisions within which the reserves were
located. On May 13, 19092 the amount to be paid for
school purposes was reduced to two cents per acre and such
payment was made conditional upon the collection of a
school tax of four mills on each dollar of the assessed valua-
tion of property in each district entitled thereto.

A Pennsylvania act of June 13, 1907,? as approved
by the governor, appropriated five hundred thousand dollars
for the purchase of state forest reserves.

An act of March 28, 1905,‘ regulating the disposal
of vacant or unappropriated state lands provided that
whenever the application for the purchase of such lands
was received by the secretary of internal affairs, said
secretary was to furnish the state forestry reservation com-
mission a copy of the application and a description of the
land. It was made the duty of such commission to then
ascertain whether it was desirable or practicable to acquire
such land for forest culture or forest reservation purposes.
Upon request of the commission the secretary of internal
affairs for the state was required to convey such lands to
the state.

An act of April 22, 1909 * authorized the department of
forestry to grow and distribute, to all persons who would
plant and care for them, young trees in such quantities
and under such conditions and regulations as the depart-
ment should prescribe, at a charge not exceeding the cost
of production and the cost of transportation to the place
where they were to be planted under the direction of the

. Session Laws, Pa., 1905, No. 81, p. 111.

Session Laws, Pa., 1909, No. a p. 744.

. Session Laws, Pa., 1907, p. 742.

, Eosion Bae: Pa., 1905, No. 50, p. 67. Amended in minor particulars on May
P.'L. No. 231, p. 413.

: wees ERE Pa., 1909, No. 69, 115. See new act of April 21, 1915, S. L.
No. 76, p. 155, ‘authorizing a distribution free of cost except for the boxing and
transportation.

oO PWN

94 FOREST LAW IN AMERICA

department; and another act approved the same day au-
thorized cities and other municipalities of the state to es-
tablish and maintain forests for commercial gain. !

An act of July 31, 1913? authorized the department of
forestry to designate certain foresters of the state service
as district foresters who should give special attention to
educational work, the encouragement of farmers in the
maintenance of farm woodlots and to other phases of
private forestry; and three other acts of the year 1913 3
provided for the encouragement of the establishment and
maintenance of private forests which should be considered
as auxiliary state forests and be entitled to exemption from
taxation because of the public benefit to be derived there-
from. These laws were enacted to accomplish a purpose
that had been defeated through the action of the courts
in declaring unconstitutional in 1906 and in 1908, respec-
tively, the acts of April 8, 1905 (No. 88) and April 20, 1905
(No. 179) providing tax exemptions on private forests.

An act of April 21, 19154 required counties to offer
to the state for forest purposes lands taken by them for
non-payment of taxes; an act of May 14, 1915° authorized
the department of forestry to pay as high as ten dollars an
acre for forest land; and one of June 3, 1915° established
a bureau of forest protection in the state department of
forestry.

RhodeIsland. A Rhode Island act of April 6, 19067 au-
thorized the appointment of a commissioner of forestry
who should gather and publish information regarding for-
ests within the state. Amendments of April 30, 1907 and
May 5, 1909 respectively provided for an increase in the ex-
pense allowance to five hundred dollars annually and for an
increase in the annual salary of the commissioner to one

1. Act of April 22, 1909, S. L. No. 79, p. 124.
Cf. Acts of Jan. 8, 1911, p. 705 and June 4, 1915, No. 362, p. 816, both authoriz-

ing the granting of rights of way through state forests; acts of June 15, 1911, Dp.
961 and Apr. 16, 1915, No. 65, p. 135, regarding gamepreserves within forests;
and Act of Mar. 27, 1913, No. 16, p. 12 authorizing leases of portions of forest for
church, school health or recreation purposes.

2. Session Laws, Pa., 1913, No. 414, p. 864.

3. Acts of June 5, 1913, S. L. Chapters 269, 270 and 284 on pages 405, 408 and 426
(all three acts approved June 5, 1913).

4. Session Laws, Pa., 1915, No. 68, p. 140.

5. Session Laws, Pa., 1915, No. 198, p. 481.

6. Session Laws, Pa., 1915, No. 353, p. 797; Cf. Act Apr. 21, 1915, No. 77, p. 156,

forest officers to enforce forest, fish and game law.
Session Laws, Rhode Island, 1905, ch. 1332

ADMINISTRATION BETWEEN 1909 AND 1916 95

thousand dollars. ' Very complete provision for a sys-
tem of town fire patrol and control under the supervision of
the state commissioner had been made in five successive
acts passed prior to January 1, 1917. ?

South Carolina. No legislation for a state administra-
tion of forest protection or extension had been enacted in
South Carolina before the close of the year 1916. *

South Dakota. The only forest legislation of an ad-
ministrative character enacted in South Dakota between
1900 and 1916 was contained in an act of February 23,
19114 which authorized the commissioner of school and
public lands to employ a forest supervisor and to delegate to
him the administration of the forest land then or thereafter
owned by the state. The forest supervisor was to be ex-
officio game warden and to have authority to employ such
assistance as he should deem ‘necessary in case of a forest
fire upon or near lands owned by the state.

Tennessee. A Tennessee act of April 15, 1905,° created
a Department of Game, Fish and Forestry. The governor
was required to appoint, octennially, a non-salaried state
warden who might employ a secretary, without expense to
the state, and who might also appoint a citizen of each county
as a county warden and such special wardens at large as he
should think necessary. The county wardens were au-
thorized to appoint deputies. All wardens and deputies
were required to give bonds, were removable for cause by
the state warden, and were given the rights, powers and
authority of county sheriffs as to the enforcement of the
state laws for the protection of the game, birds, fish and
forests of the state.

An act of March 26, 1907 ° modified the procedure as
to the arrest and trial of persons accused of violating the

Nr

. Session Laws, R. I., 1907, ch. 1465; S. L. R. I. 1909, ch. 422.
. Acts of Apr. 23, 1909, S. L. ch. 395; Act May 7, 1909, S. L. ch. 451; Act May 2:
1910, S. L., ch. 587; Act Mar. 31, 1911, S. L., ch. 664; Act Apr. 14, 1916, S. L.
ch. 1396, p. 173 (For provisions see following chapter.).
3. See Sess. L. S. C. 1901 ch. 23 p. 609 (Same in Civil Code 1912 Sec. 12); and S.L. 1915,
_ No 52, p. 63 re acquisition of Nationa, Forests.
4. Sess. L. S. Dak., 1911, ch. 224, Sec. 78 0np. 374; cf. act Mar. 9, 1909 S. L. ch. 268,
p.414 and act Mar. 14, 1913 S. L.ch. 216 p.299 re bounties, discussed in chapter
V of this book. See also acts Mar. 2, 1907,S.L. ch. 154, p. 234, and Mar. 7, 1911
S. L. ch. 160, p. 195 re funds derived from National Forests.

5. Session Laws, Tenn., 1905, ch. 455, p. 954

6. Session Laws, Tenn., 1907, ch. 185, p. 639.

96 FOREST LAW IN AMERICA

state game, fish and forest laws and made the terms of all
county, special and deputy wardens expire on July 1 of
each year and required new bonds from all persons reap-
pointed, as well as from new appointees.

A Tennessee act of April 13, 19071 comprised new pro-
visions as to the protection of public and private lands from
timber trespass and from forest fires. This act made it the
duty of the state Department of Game, Fish and Forestry
to gather statistics and other information relative to the
forest interests of the state, the destruction by fire and by
wasteful cutting and the effect upon water powers and cli-
mate of the diminution of the wooded surface of the state;
and to determine the means expedient to the safeguarding
of the future forest interests of the state. The act required
that the said department investigate and determine what
public lands the state should retain and devote to forestry
purposes and vested in it the “care, custody control and
superintendence of the lands herein or hereafter set apart
for or becoming a part of the forestry reserve’ and required
it to “‘provide for the reforestation of the denuded lands
so set apart and belonging to the state by planting and
preserving forest trees, establishing and maintaining fire
lines, and a system of fire patrol in the forestry reserve
thus created.’”’ The department was required to ascertain
the best methods of preventing forest fires, of reforesting
waste and cut over lands, of encouraging private forestry
and of the conservation of forest tracts upon watersheds.
The duty of controlling forest fires was vested in this de-
partment. The purpose of creating public forests on lands
primarily adapted to forest growth was announced and the
acceptance of such land when presented by private parties
was authorized. The department was authorized to co-
operate with the federal bureau of forestry in gathering
information and directed to report to the next legislature
upon the needs and possibilities as to state forest reserves.

The act of April 138, 1907 was probably repealed by a
fish and game law of May 17, 1915. ?

1. Session Laws, Tenn. 1907, ch. 397, p. 1336; cf. Act Apr. 7, 1903, S. L., ch. 444 (fel-
ony to cut timber on state land); and see 8. L. 1901, ch. 47, consent to acquisition
of national forests.

2. Session Laws, Tenn., 1915, ch. 152, p. 423, for which see Tennessee in following
chapter.

ADMINISTRATION BETWEEN 1960 AND 1916 97

Texas. By act of March 31, 1915, 1 the legislature of
Texas required that the Board of Directors of the State
Agricultural and Mechanical College appoint a technically:
trained forester, at a salary not exceeding three thousand
dollars per annum, who should, under the supervision of
the said board, have full charge of the administration of
the laws for the protection, management and replacement
of forests within the state. Cooperation with counties,
towns, corporations and individuals in the preparation of
plans for forestry practice was authorized, the parties re-
celving such assistance being required to pay the field ex-
penses. Cooperation with the federal government was
also specifically authorized.

The same act authorized the governor, upon the recom-
mendation of the said board of directors, to accept gifts of
land to be held, administered and protected as state forests
and empowered the said board to purchase lands, suitable
chiefly for the production of timber, for state forest purposes,
from special appropriations or from any unappropriated
surplus in the state forestry fund which was to be derived
from sales of wood, timber, minerals or other products from
state forests and from penalties for trespass thereon.

Utah. Priorto January 1, 1917 no forest administrative
legislation had been enacted in Utah other than the act
of April 2, 1896, requiring the state board of land commis-
sioners to set aside timber land for the protection of the
forest and irrigation interests of the state, and forbidding
the sale of trees under eight inches in diameter from such
lands, except that the provision permitting settlers to use
dead timber and trees under eight inches of certain named
species was amended in 1899 ? so as to permit them to use
for their own domestic purposes living timber or trees under
eight inches of all species.

Vermont. A Vermont act of December 9, 1904°* re-
quired that the governor designate one member of the board
of agriculture as forestry commissioner. This commissioner

1. Session Laws, Texas, 1915, ch. 141, p. 220.

2. Compiled Laws, Utah, 1907, sec. 2340. See S. L., 1907, p. 221, same in Comp.
L., 1907, secs. 1068x- 1068x3 regarding national forest reserve.

3. Session Laws, Vt., 1904, No. 16, p. 19

98 FOREST LAW IN AMERICA

was charged with special duties in the administration of
the provisions of the act and regarding the protection of
forests from fire, town selectmen being required to report
to him and he having power to appoint fire wardens in un-
organized towns.

A Vermont act of December 16, 1906! appropriated
five hundred dollars annually for five years for the establish-
ment and maintenance of a forest nursery at the Vermont
Agricultural Experiment Station, which was required to
furnish all applicants who were residents or land owners
of the state with material for planting at actual cost. The
forestry commissioner was required to furnish suitable
instructions for planting, and, so far as he was able, skilled
assistance and supervision, to be paid for by the applicant.

On December 18, 1908 ? the Vermont State Board of
Agriculture was abolished and a board of agriculture and
forestry, to consist of the governor, the director of the state
agricultural experiment station and two appointive mem-
bers, was created. The members of this board were to
receive only their expenses. They were required to appoint
a professionally trained forester at a salary not exceeding
twenty-five hundred dollars per annum and necessary ex-
penses, who was to act as state fire warden, was given
charge of the state reserves and forest nurseries, and re-
quired to conduct experimental and educational work.
All the duties prescribed for the state forestry commissioner
in chapters sixteen and seventeen of the laws of 1904, re-
garding fire protection and supervision of forest plantations,
and chapter fifteen of 1906 as to assistance to private plant-
ers were devolved upon the state forester.

The act authorized the governor, upon the reeommenda-
tion of the board, to accept gifts of land to the state as
forest reserves. The proceeds of such reserves might be
used by the board at its discretion in the furtherance of the
forestry interests of the state. The state was required to
pay taxes on the forest reserves, and futher authority for

1. Session Laws, Vt., 1906, No. 15, Pub. St. 1906, ch. 24, sec. 364-367. Cf. Act Nov.
15, 1910, 8S. L., 170 Regulating the cutting of Christmas trees.

2. Session Laws, Vt., 1908, No. 11. See Joint Resolution of Jan. 14, 1911, No. 479,
providing a non-salaried commission of conservation for a period of two years
to investigate regarding natural resources of the state.

ADMINISTRATION BETWEEN 1900 AND 1916 99

nursery work and distribution of trees was given state
officials.

The powers and duties of the state forester in relation to
forest fire control were modified by an act of January 27,
1911,! giving him authority to appoint wardens in unor-
ganized towns, to establish patrol and fire districts within
towns, and to cooperate with private parties in fire control.

An act of February 13, 1913? authorized the state
forester, with the consent of the governor, to purchase
lands to be held, protected and administered as state forests un-
der the provisions of section three of the act of December 18,
1908. An annual expenditure of twenty-five hundred dol-
lars for the purchase, survey and reforestation of such lands
was authorized.

Under an act of January 28, 1911, * regulating mining»
operations on state lands, the state forester was required
to determine the value of the trees cut by miners. On
February 26, 19154 a new section was added to this
act making it inapplicable to state forests and authorizing
the state board of agriculture, with the approval of the
auditor of accounts, to lease or sell mine or quarry sites
within the state forests and use the proceeds in furtherance
of the forest interests of the state.

Under an act of April 1, 1915, > providing for town or
city school endowment forests, the state forester was given
important responsibilities.

Virginia. A Virginia act of March 21, 1914 ® created a
state geological commission of five members, consisting
of the governor, the heads of three leading educational in-
stitutions, and one other citizen. 'The members of the
commission, who were to serve for terms of four years, were
required to appoint a technically trained man as state for-
ester. The geological commission was directed to ascertain
the best methods of reforesting cut over and denuded
lands, foresting waste lands, preventing the destruction

1. Session ewe: Vt., 1911, No. 20; See also amendments in Act of Jan. 11, 1913, S.
L. 19 No. 27; and forest taxation acts of 1912, Nos. 40 and 41, and census of
en eae. Act of Dec. 12, 1912, No. 46.

2. Session Laws, Vt., 1912, No. 28. Cf. Act Dec. 14, 1912, No. 29, authorizing
erection of lookout and buildings on state forests.

3. Session Laws, Vt. 1911, No. 171.

4. Session Laws, Vt., 1915, No. 22, p. ts

5. Session Laws, Wit 1915, No. 24, 84.

6. Session Laws of Virginia, 1914, ch. M95, p. 305.

100 FOREST LAW IN AMERICA

of forests by fire, administering forests, encouraging pri-
vate forest practice, and the conservation of forest tracts
on watersheds of the state.

The state forester, at a salary not exceeding two thou-
sand dollars per annum and expenses, was given the di-
rection of all forestry work within the state, required to
prevent forest fires, enforce the laws, collect information,
direct improvement work on forest areas, investigate the
relationship of forests to stream flow, conduct educational
work at the Universty of Virginia, and cooperate with
counties, municipalities, corporations and individuals in
preparing plans for the practice of forestry, the parties as-
sisted being required to pay the field expenses of the men
employed.

The geological commission was empowered to purchase
lands suitable for state forest reserves, at not exceeding
ten dollars per acre, and to accept gifts of land and money
to the state for forestry purposes. Gifts of land to the state
must be absolute, except that the minerals therein and the
right to mine the same might be reserved. All lands pur-
chased or accepted were to be held, protected and ad-
ministered as forest reserves. The commission was author-
ized, upon the recommendation of the state forester, to sell
so much dead, matured or large growth of trees as should be
compatible with the purpose for which the reserves were
ereated. The act also authorized the sale of gas, oil or
other valuable minerals from reserve lands. The net re-
ceipts from the sale of timber products or minerals and from
penalties collected for violation of the act were declared to
constitute a forest reserve fund, applicable by the commis-
sion to purposes of protection, management, replacement
and extension of the state forest reserves. The cutting of
trees or building of fires upon reserves otherwise than in
accordance with regulations to be made by the commission
were declared misdemeanors.

The act also authorized the establishment of forest nur-
series to furnish seedlings without cost to the state for use
upon forest reservations or other public grounds, and to
private land owners and citizens of the state under rules to
be prescribed by the commission. Cooperation with the
United States in forestry work was permitted on condition

ADMINISTRATION BETWEEN 1900 AND 1916 101

that the Federal Government spend an amount equal to
that expended by the state.

An act of March 20, 1916! amended and reenacted the
Virginia forest act of March 21,1914 (ch. 195). The only a-
mendments of importance consisted in the stipulation in section
one that the members of the state geological commission should
serve without compensation but should receive actual expenses;
the omission of section three of the original act requiring
the state forester to file a bond, with sureties aggregating
twenty thousand dollars, for the faithful performance of
his duties; the renumbering of the following sections; the -
addition of clauses to section twenty-three (new act, twenty-
two) making those who should set fires contrary to the
provisions of the law punishable, in the discretion of the
justice or jury, by a fine of not less than ten nor more than
one hundred dollars, oranimprisonment of not less than ten
nor more than thirty days, in addition to a liability for
all damages caused by the fire or the cost of controlling it;
and the omission of the obsolete and unnecessary provisions
of the last three sections of the original law.

2

Washington. A Washington act of March 16, 1903
marked the beginning of efforts by the legislature to pro-
vide for the systematic protection of the immensely valuable
forests of that state.

This act made the state land commissioner ex-officio
state forest fire warden, and constituted the commissioners
of each county a county board of deputy forest fire wardens
who might appoint deputy wardens as they should think
necessary, provided for various other wardens and _ pa-
trolmen, prescribed the duties of such officials, and regu-
lated the burning of slashings and the operation of loco-
motives and logging engines.

A new act of March 11, 1905! created a state board of
forest commissioners consisting of the state land commis-

1. Virginia Code, 1916, Pollard, p. 952. An Act, which went into effect on June 17,
1916 (S. L. ch. 257, p. 482; Code 1916, p. 1160) provided for the apportionment
of the funds derived from national forests.

2. Session Laws, Washington, 1903, ch. 114, p. 205.

102 FOREST LAW IN AMERICA

sioner and four electors who were to be appointed by the
governor for terms of four years each, but were to receive
no compensation. This board was authorized to appoint
and prescribe the duties of a state fire warden and forester,
deputy wardens and rangers, and to gather information
regarding the timber resources of the state. The state fire
warden and forester, with a salary of two thousand dol-
lars per annum and expenses, was made secretary of the
board and clothed with extensive authority, under the di-
rection of such board, in the administration of all forest
laws and regulations. The law contained very specific
provisions regarding the burning of slashings and the use
of spark emitting engines.

An additional forest act of March 18, 1911? authorized
the board of forest commissioners to accept grants of land
to the state for forest purposes, and to fix the salary of the
state forester. The forester, subject to the approval of the
board, was empowered to appoint technically trained as-
sistants, employ the necessary clerical assistance and fix
the salaries of all such employees. He was authorized to
cooperate with private parties, towns, counties, the govern-
ments of other states, the federal government and the Do-
minion of Canada or any province thereof in the protection,
management and replacement of forest areas. He was
charged with the duty of gathering complete information
regarding the forest resources of the state and the dissemi-
nation of knowledge thereof.

An act of March 18, 1915 * provided that, whenever
merchantable timber had been sold and removed from state
land, the board of land commissioners might classify the
land and land found by them to be most suitable for refor-
estation and reserved by their order for such purpose should
not thereafter be subject to sale or other disposition. It
was made the duty of the state forester to protect and re-
forest lands thus reserved.

1. Session Laws, Washington, 1905, ch. 164.

2. Session Laws, Wash., 1911, ch. 125, p. 623.

3. Session Laws, Wash., 1915, ch. 147, , sec. 2, p. 408. Same in Codes & St., 1915, Rem.
secs. 5276, and 5277-1 to 5277-21.

ADMINISTRATION BETWEEN 1900 AND 1916 103

West Virginia. A West Virginiaact of March 1, 1909!
provided for the appointment of a forest, fish and game
warden, appointed for a term of four years at an annual
salary of eighteen hundred dollars and expenses. Section
fifty-one of this act declared the said warden to be ex-officio
fire warden for the state, and made all deputy wardens
fire wardens for their respective counties. These wardens
were clothed with ample authority for the prevention and
extinguishment of fires.

An act approved March 4, 1915? amended section fifty-
one of the act of 1909 by authorizing the forest, fish and game
commissioner to appoint a trained and experienced man as
state forester to assist him in formulating methods of re-
foresting cut over and denuded lands, preventing destruc-
tion by fire, administering the forests on forestry princi-
ples, instructing and encouraging private owners in grow-
ing timber, maintaining patrols and lookouts and secur-
ing the cooperation of individuals, corporations and
the federal government in forestry work. Several im-
portant changes regarding the prevention and control
of fires were made and a new section added authoriz-
ing the forest, fish and game warden, with the consent
of the governor, to purchase lands suitable for forest cul-
ture and reserves at not over five dollars per acre, us-
ing any surplus money standing to the eredit of the
forest, fish and game protective fund, or to accept gifts
of land for state reserves and to demonstrate the prac-
tical utility of timber culture. The warden was em-
powered to make all rules necessary for the management
of the reserves.

Wisconsin. A Wisconsin act of May 22, 1903? es-
tablished a department of forestry. <A board of five forest
commissioners who were to serve without compensation,
except the salaries drawn by three who held other state
offices, was authorized to appoint a superintendent of
state forests at asalary of two thousand five hundred dollars
and actual expenses who should act as secretary for the

. Session Laws, W. Va., 1909, ch. 60.

1
2. Session Laws, W. Va., 1915, ch. 15, p. 162. SeeW. Va. Code 1916 Barnes pp. 891-893
3. Session Laws, Wisconsin, 1903, ch. 450, p. 745.

104 FOREST LAW IN AMERICA

board. The act forbade further sales of state lands except
certain specified classes which were not considered adapted to
forestry purposes, and declared that all unsold lands and such
lands as the state should thereafter acquire for such purposes
should constitute the state forest reserve. The forest commis-
sioners were authorized to accept lands granted to the state
for forest purposes. ‘The superintendent of state forests was
directed to sell, with the approval of the forest commission-
ers, dead and down timber from all lands in the reserve, and
was required to establish one or more forest experiment
stations and otherwise cooperate in educational work.
The superintendent of forests was also made state forest
warden, with the duty of enforcing the fire and trespass
laws, prescribing regulations, and appointing the town fire
wardens authorized under the act of 1897.

By act of May 25, 1905! the act of 1903 and portions
of the previous law of Wisconsin as to forests and fires were
repealed and a much improved law enacted. The new law
created a board of forestry, consisting of the president of
the state university, the director of the geological survey,
the dean of the agricultural department, the attorney gen-
eral and one other member to be appointed by the governor.
The members were to receive only actual expenses. They
were authorized to appoint a technically trained man as
state forester, at an annual salary of twenty-five hundred
dollars and expenses, who under their supervision was to
have charge of all forest reserves, direct all forest activities
of the state, and advance by such means as he considered
advisable an interest in forestry among the people of the
state. The sale of all state lands north of township thirty-
three was forbidden, and all of such lands made a part of
the state forest reserve, except that state lands north of this
township which upon examination by the state forester
were found to be more suitable for other purposes than for
forestry might be sold. Conservative lumbering upon the
forest reserve under the direction of the state forester was
authorized, the funds derived to be devoted to the purchase
of lands or the protection and improvement of forest lands

1. Session Laws, Wisconsin, 1905, ch. 264. Cf. Laws 1905, ch. 460, declaring. policy
of state to make a forest reserve along Brule River, Douglas County.

ADMINISTRATION BETWEEN 1900 AND 1916 105

already held. The board was empowered to accept gifts of
land for forest reserve purposes, and directed to inquire into
the desirability of acquiring parks in different parts of the
state and report thereon to the legislature. An assistant
state forester at a salary of fifteen hundred dollars was to
be appointed by the forester with the approval of the board.
Cooperation in forestry work with the federal government,
other states, other departments in Wisconsin, and with
counties, towns, corporations and individuals was provided
for.

The state forester was made state fire warden, with au-
thority to appoint and remove one or more fire wardens in
every town where he considered such appointment neces-
sary. Reports upon all fires were required. He was also
made state trespass agent with authority to appoint sub-
ordinates for the suppression of trespass upon state lands,
who should have the power to arrest without warrant.
A failure by a district attorney, or other magistrate, to
act promptly upon any ease of violation of the law properly
presented to him was made a misdemeanor, with a fine of
one hundred dollars to one thousand dollars and imprison-
ment from thirty days to one year as a penalty. The act
contained provisions as to civil and criminal lability for
trespass and for the setting of fires by locomotives and other
engines.

An act of July 9, 1907! appropriated ten thousand dol-
lars per annum for the acquisition of additional forest lands
at tax sales and from counties that had acquired land under
tax deeds, and two years later ? the purchase of lands other
than tax title lands and the subsequent expenditure of. an-
nual unexpended balances was authorized. In 1907 °
also the Wisconsin legislature authorized the sale to the
United States of all lands and timber within Indian reserva-
tions, which the state claimed under the school or swamp-

1. Session Laws, Wisconsin, 1907, ch. 491. Cf. Federal Act of June 27, 1906 (34 Stat.
517) granting to Wisconsin for state forestry purposes 20,000 acres of public land,

within Wisconsin and north of township 33 for forestry purposes.

. Act May 18, 1909; S. L. ch. 137. See Act of June 22, 1907, S. L. ch. 335, authoriz-
ing Wisconsin Valley Improvement Company to create reservoirs to effect an
equalization of steam flow, and act of July 11, 1911, ch. 640, re Chippewa and
Flambeau Improvement Company.

3. Act May 10, 1907, S. L., ch. 96.

bo

106 FOREST LAW IN AMERICA

land grants from the federal government and the use of the
proceeds for the purchase of forest reserve lands. In
an act approved July 12, 1907 ! authorizing an exemption
from taxation of lands planted with forest trees, the state
forester was charged with important administrative duties.

An act of July 7, 1911? substituted for the existing
plan permitting the state forester to appoint a fire warden
for each town where he considered a warden necessary, a
system under which every town chairman was made ex-
officio town fire warden, and all superintendents of high-
ways assistant town wardens. This marked a reversion to
a method of fire control that had been adopted in Wiscon-
sin and several other states at an earlier period, but had
been generally abandoned as to areas in which there was an
acute problem as to forest fire control. This plan proves
satisfactory only in towns having no extensive uninhabited
forest areas as in New York outside of the forest preserve
counties. The Wisconsin act of 1911 authorized the ap-
pointment of temporary fire wardens upon the reeommenda-
tion of the chairman of a town board, one-half of the ex-
pense of such temporary warden service to be paid by the
state.

On July 11, 1911 * the main body of Wisconsin forest
administration law was reenacted with several important
changes. The new law included in the state forest reserve
all lands of the state within the Menominee, Stockbridge

and Munsee Indian reservations, as well as all lands then-

owned or subsequently reverting to the state north of town-
ships thirty-three, and authorized the state board of forestry
to exchange reserved lands for other lands on a basis of equal
value in order to consolidate the forest holdings. The salary
of the forester was fixed at three thousand six hundred dol-
lars per annum; and he was authorized to cooperate with
the university in the instruction and training of forest
rangers.

1. Session Laws, Wisconsin, 1907, ch. 592. Cf. July 1, 1909, S. L. ch. 322 (Parks.)

2. Session Laws, Wisconsin, 1911, ch. 601. Cf. Laws 1909, ch. 119, requiring railroads
to maintain a patrol in dangerous seasons and authorizing inspection of locomo-
tives by state officials. Laws 1911, ch. 494, giving greater authority to state
officers as to inspection, and Laws 1911, ch. 245, regarding civil liability of rail-
roads for fire damage.

3. Session Laws, Wisconsin, 1911, ch. 638.

ar J

ADMINISTRATION BETWEEN 1900 AND 1916 107

An act of July 11, 1911, 1! made an appropriation of
fifty thousand dollars annually for a term of five years for
the purchase of forest lands, authorized the state forester to
enter into contracts for the purchase of such lands, and
provided for the condemnation of forest lands. It also pro-
vided for the annual appointment of a legislative committee
to report upon such acquisition of land.

However, there were in Wisconsin bitter opponents of
the policy of acquiring large areas for state forest purposes,
and a strong sentiment developed in the towns within the
forest reserve area against the exemption of state lands from
local taxation. On July 28, 19132 the governor approved
an act creating a special legislative committee of eight mem-
bers to report upon the forest reserves in Forest, Iron, Oneida
Price and Vilas counties, and as to whether lands included
therein were in fact adapted to use for agricultural purposes.
This act provided that no further purchases for state re-
serves should be made until such report was submitted,
nor prior to July 1, 1915.

An act of August 2, 1913‘ provided for the taxation at
not to exceed one and one-fourth per cent of the assessed
value, for all except state purposes, of all state lands within
certain towns in the counties comprised within the proposed
state forest reserve.

A Wisconsin act of July 15, 1915 ° created a state con-
servation commission to be composed of three members at
an annual salary of thirty-five hundred dollars each for
terms of six years each. These men were to be appointed
by the governor with the advice of the senate, but the law
required that one be a man having special knowledge o
the propagation, protection and care of fish and game, that
one be a technically trained forester and that the third bea
competent man with practical experience in commercial
and business affairs. The commission was authorized to

1. Session Laws, Wisconsin, 1911, ch. 639.

Cf. Laws of 1911, ch. 143, making it a misdemeanor for any person, firm or cor-
poration to unreasonably waste or maliciously impair any natural resource of the
state and Laws of 1911, ch. 644, creating an unsalaried conservation commission
of seven members, for terms of six years ‘each.

2. Session Laws, Wisconsin, 1913, ch. 670, p. 928.

3. See the decision of the state supreme court in the test case of Ex. rel. Owen, Atty.
Gen’'l. v. Donald Sec’y of State, 160 Wis. 21, (Feb. 12, 1915) interpreting Wis-
consin forest acts as bOQy constitutionality.

. Session Laws, W isconsin,, 7913, ch. 740, p. 1063.

. Session Laws, Wisconsin, 1915, ch. 406, p. 505. See Wis. Stats. 1915, Sec. 1494-40
to 1494-61, ‘for main body of existing forest law of state.

oe

108 FOREST LAW IN AMERICA

employ and fix the salaries of foresters, wardens, experts,
agents, clerks and others as should be necessary. Upon
this commission was conferred all the powers and duties
previously vested in the various boards and officials having
charge of state interests in regard to forestry, fish and game,
and state parks. Provision was made for a formal summon-
ing of any member of the conservation commission before
the senate and house for written and oral interrogation as
to the work under his charge upon the presentation of a
request by a certain number of members of different political
parties.

Wyoming. No legislation for the state administration
of forests or the protection of forests at the expense of the
state had been enacted in Wyoming during the period
covered by this chapter. !

1. See Compiled Statutes, 1910, Mullen, sec. 128 and 129 (Laws1907,ch. 7 and 1909,
ch. 23) apportionment of funds from National Forests.

CHAPTER IV

Legislation For the Prevention and Control of
Forest Fires Enacted in American States during
the First Sixteen Years of the Twentieth Century

Alabama. The first general forestry act of Alabama,
approved November 30, 1907,! provided an optional system
of county forest wardens to control forest fires. These
wardens were to be paid by the county and were empowered
to summon assistance for the extinguishment of a fire and
to arrest offenders against the forest law. The act imposed
severe penalties for the willful or malicious firing of the lands
of another and made it unlawful for a person, firm or corpora-
tion to fire his own land without five days’ notice to his
neighbors unless all possible precautions against the spread-
ing of the fire had been taken. Clearing of new ground for
cultivation was excepted. Logging and railroad locomotives,
and all portable or stationary boilers, not burning oil, must
be supplied with proper appliances on both stack and fire
boxes to prevent fires, under penalty of a fine.

Arizona. Although Arizona has laws making it a mis-
demeanor to wilfully or negligently fire the woods of an-
other, of the state, or of the United States, or to fail to use
every effort to extinguish a fire accidentally set or set for a
lawful purpose, with a maximum fine of one thousand dol-
lars and imprisonment for not over one year, no proviso had
been made prior to 1917 for a systematic protection of
forests from fire. ”

1. Session Laws, Alabama, 1907, No. 90. Cf. Fire Acts as to certain counties; Act

Dec. 9, 1896, S. L., p. 153; Act Feb. 6, 1897, No. 216, and Act Feb. 19, 1907,

S. L. No. 18, sec. 47, p. 81, requiring game and fish wardens to extinguish fires.

2. Rev. Sete 1913, Penal:Code, sec. 609; See Rev. St. Terr. Ariz. 1901, sec. 339
40.

and 3

109

EO FOREST LAW IN AMERICA

Arkansas. The early laws of Arkansas made it a mis-
demeanor to fire the woods of another, with a liability for
double damages, but under the act of February 3, 1875
one who should set a fire on his own lands for a lawful pur-
pose was liable for single damages only if another were in-
jured and, if he gave due notice to his neighbors of his pur-
pose and used all due caution to prevent the escape of the
fire, he was not liable for damages. The law was not
changed between 1900 and 1917. ?

An Arkansas act of April 2, 1907,? made those operating
railroads within the state liable for all damages due to
fires set by their equipment or employees, whether resulting
from negligence or not.

California. The California act of March 18, 1905,
providing for a general administration of the forest inter-
ests of the state, required the state forester to- establish
districts, and appoint citizens as voluntary fire wardens,
who might be paid by counties or private persons or corpora-
tions. The appointment of federal forest officers as ward-
ens was authorized. The state forester and all fire wardens
were empowered to arrest without warrant offenders against
the forest law, and were subject to a fine for failure to arrest
or prosecute. They were authorized to summon all citizens
between sixteen and fifty years for not over five days’
service annually. At dangerous periods the forester might
maintain a patrol at the expense of a county. A district
attorney who failed in the duty of prosecuting offenders
was subject to a fine of one hundred to one thousand dol-
lars. The willful, malicious or negligent firing of the land
of another, or negligently permitting a fire to escape, the
leaving of a camp fire burning, and the setting of a fire,
or blasting, without a permit, between May fifteenth and
the first soaking rain of autumn, except for logging ora back
fire, subjected the offender to heavy penalties.

Logging locomotives, donkey engines and threshing en-

1. See Digest Ark. Laws, Kirby, 1904, sec. 1696-1700 and 7978.

2. Session Laws, Ark., 1907, No. 141; p.336, ef. Digest Laws Kirby, 1904, sec. 6773
p. (Held constitutional in St. Louis & San Francisco Rd. Co. v. Shore., 89
An 215) UL St Wi ob.)

3. Session Laws, Calif., 1905, ch. 264, p. 235. Cf. Act Mar 20, 1905, S. L., ch. 337,
p. 394, authorizing board of supervisors to appropriate for forest protection,
counties Ist & 2nd class $20,000, others $10,000 annually.

FIRE LEGISLATION BETWEEN 1900 AND 1916 lal

gines, operated in or near forest, brush or grass land, and
not burning oil, were required to have spark arresters and
proper ash pans. In addition to the penalties prescribed
for a failure to comply with the various provisions of the
act as to fire, one whose act resulted in loss to the United
States, the state, a county, or a private owner, was made
liable for double value of property destroyed and to the
state or county for all expenses incurred in fighting the
fire. Countres were required to clear inflammable material
from roads at the request of the state forester, and lumber
companies must burn slashings if instructed by the state
board of forestry to do so. All fines, less the cost of collec-
tion, were to be devoted to general forestry purposes.
County boards of supervisors were authorized to appro-
priate for forest protection, improvement and management.

An amendment of April 7, 1911! provided: if areas situ-
ated in or adjacent to forests and covered with inflammable
debris were examined by the state board of forestry and
found to constitute a fire menace to adjacent property,
and the owners did not, after due notice, properly care for
the debris or otherwise remove the danger, the state board
of forestry might treat the existing condition as constituting -
a public nuisance by abating it at the expense of the owner
of the tract.

The penal provisions of the California law as to the setting
or leaving of fires were again modified by an act of May 1,
1911,2 so as to prescribe a uniform penalty of not less than
fifty nor more than five hundred dollars, or imprisonment
for not less than fifteen days nor more than six months, or
both, for the several offenses regarding the setting and leav-
ing of fires, the use of engines without adequate devices
for preventing the setting of fires, and failure to respond to
a summons for fire fighting duty.

Colorado. A Colorado act of April 10, 1901 * forbade the
building of unguarded fires or the depositing or leaving of
live coals in any forest area of the state, required a permit
for camping outside his own county by a resident and the
employment of a game or forest warden by any non-resi-

1. Session Laws, Calif., 1911, ch. 264.
2. Session Laws, Calif., 1911, ch. 699.
3. Session Laws, Colorado, 1901, ch. 83, p. 185 sec. 10-14.

112 FOREST LAW IN AMERICA

dent camping within forest districts of the state. It re-
quired that every railroad right of way within forest areas
be kept clear of inflammable material and that locomotives
be so equipped and operated as to prevent the setting of
fire to any tree growth. The measure of damages enforce-
able against a railroad for the setting of a fire was declared
to include both the commercial value of the trees destroyed
and their value as conservators of water and promoters of
adjacent tree growth, and each day’s failure to properly
operate a locomotive was declared to constitute a separate
misdemeanor. Game wardens, land appraisers and all
peace officers of the state were charged with the duty of en-
forcing the act and given the power to arrest offenders
without warrant.

An act of April 11, 1903! declared it the duty of sheriffs,
undersheriffs and deputies to control and extinguish forest
fires, gave them power to summon all persons of a county
whose assistance they deemed necessary, and authorized
county commissioners to pay sheriffs five dollars and
deputies not over three dollars a day for such services.

Connecticut. On July 13, 1905? a general act for the
protection of forests from fire was enacted in Connecticut.
This provided that the state forester should be ex-officio
state forest fire wardens. Selectmen of towns were re-
quired to cooperate with the forester in the selection of
district fire wardens. Both town and district wardens were
authorized to arrest without warrant detected offenders
against the forest laws and were given authority to enter
private lands for fire fighting purposes, to summon male
residents between eighteen and fifty years of age, and to
require the use of horses and other property under penalty
of a fine. Town and district wardens were to receive two
dollars and fifty cents per day for time actually employed,
and selectmen might fix the pay of others at not exceeding
twenty cents per hour. Each town was required to pay one-
half the cost of fire fighting within its boundaries, and the
county and state one-fourth each.

1. Session Laws, Colorado, 1903, ch. 83
2. Session Laws, Connecticut, 1905, ch. "238.

FIRE LEGISLATION BETWEEN 1900 AND 1916 Hs

The act of 1905 was amended on June 14, 1907! by pro-
viding that in towns, the boundaries of which were coter-
minous with those of a city, the chief of the fire department
of the city should be town fire warden, but that he should
receive no additional compensation provided he received a
regular salary.

On April 17, 1907 ° the existing law requiring the removal
of all combustible material for a distance. of six feet about
the point where a fire was to be built in woodland was
amended so as to require the clearing of a space of twenty
feet.

On July 8, 1909? chapter 136 of 1907 was amended by
changing the compensation of town and district fire wardens
to thirty-five cents per hour of actual service, and modify-
ing the manner of payment. A new section provided that
every person who should kindle a fire in the open air at
any time, and thereby cause injury to another, should be
fined not more than two hundred dollars, or be imprisoned
not over six months, or both; and another section made it
a misdemeanor to kindle a fire in the open air, outside the
limits of a city, borough, or railroad lands, between March
fifteenth and June first, and between September fifteenth
and November fifteenth in any year without a written per-
mit from the district fire warden. Any town upon a vote
of its citizens might, with the approval of the state fire
warden be exempted from the restrictions of the section
requiring permits yearly. The act of 1909 also authorized
backfiring by any person to protect property from fire in
the absence of a fire warden. An amendment of June
29, 191174 authorized the building of fires two hundred feet
from inflammable material without a permit, and made
several changes as to payment for fire control.

A Connecticut act of June 28, 1911 ° made every railroad
company lable for the expenses incurred by a city or town
in extinguishing a fire set in trees, brush or grass outside

. Session Laws, Conn. a0); ch. 136, Es ica Cf. minor amendment as to procedure
in Act of May 5, 1909, S. L., ch. 19 945.

. Session Laws, Conn., 1907. ch. et

. Session Laws, Conn., 1909, ch. 128.

. Session Laws, Conn., eat ch. 134 Cf. correctional amendment in Act of April
SHI9ts iS. Ly che

. Session Laws, Conn., 1911, ch. 114, p. 1868. Cf. S. L., 1911, ch. 212 regarding
actions for fire damage by railroads.

oO PON

114 FOREST LAW IN AMERICA

its right of way by sparks, or otherwise through any of its
employees, and section foremen were required both to ex-
tinguish fires and render assistance to district wardens.
On September 26, 1911 | the state fire warden was author-
ized to take the steps that he deemed necessary for the con-
trol of forest fires in groups of towns and to agree with the
national department of agriculture for fire protective co-
operation on watersheds of navigable streams under the
Federal act of March 1, 1911 (36 Stat. L. 961).

An act of May 10, 1915? authorized the governor to sus-
pend the hunting season whenever he considered the con-
ditions of drought to be such as to make extraordinary
precautions necessary for the protection of woodlands from
fire. An act of May 17, 1915 provided that whenever
brush or tree growth should be cut and permitted to re-
main within fifteen feet of the traveled portion of any high-
way, the first selectman or firewarden of the town might,
by written order, require the owner of the adjoining land,
or other person by whom or by whose authority the cutting
was done, to remove the same within sixty days under
penalty of a fine or imprisonment for failure to obey. An
act of May 20, 19154 made it a misdemeanor to operate
a locomotive through forest land without an efficient spark
arrester and other appliances necessary for the prevention
of fire, and authorized an inspection of locomotives by state
forest officials.

Delaware. The Delaware act of April 19, 1909,° creat-
ing a state board of forestry, provided for the appointment
by the governor of forest wardens who should receive com-
pensation for special services performed under the direction
of the state forester. These wardens were given the author-
ity of constables to arrest and prosecute for violation of
forest laws, and it was made their duty to extinguish fires

. Session Laws, Conn., 1911, ch. 292.

Session Laws, Conn., 1915, ch. 218 p. 2034.

. Session Laws, Conn., 1915, ch. 260, p. 2085.
Section 2029 Of the Conn. Code of 1902, requiring the selectmen of any town,
upon notice from a town meeting, to cut, at least once a year, the bushes and
branches of trees within twelve feet of the traveled way of any highway, had been
replaced by an act of July 1, 1905, S. L. ch. 277, p. 483, requiring such cutting
within ten feet of the center of the traveled way upon notice from five citizen
taxpayers on all main highways from town to town; and an Act of March 23,
1911, S. L. ch. 2, p. 1266 had required that all material thus cut be piled
and burned within thirty days after the cutting.

4. Session Laws, Conn., 1915, ch. 322.

5. Session Laws, Delaware, 1909, ch. 71. See Rev. Laws Del. 1915, sec. 3449.

Whe

FIRE LEGISLATION BETWEEN 1900 AND 1916 115

and prevent depredations. The wages of wardens and
others employed to extinguish fires were to be paid by the
county where employed. A fine of twenty-five dollars to
one thousand dollars, or imprisonment from thirty days to
one year, was provided for the willful or malicious setting
of a fire on the lands of another. It was also made unlawful
to set a fire on one’s own land, except in March, without
the taking of due precautions to prevent its spreading, and
the escape of such a fire was declared prima facie proof of
negligence and the offender was made liable both for dam-
ages and for the cost of extinguishing the fire. The operation
of a locomotive or other engine or boiler, not burning oi] or
naphtha, in or through forest or brush, without a spark ar-
rester and protected ash pans, was made a misdemeanor.
All persons or corporations causing fires in violation of the
act were liable to the county and state for all expenses in-
curred in the control thereof.

Florida. No legislation directed to the control of forest
fires other than penalty provisions established prior to 1900
had been enacted in Florida before the close of the year
1916: +

Georgia. No law for the patrol of forests and a system-
atic control of fires had been enacted in Georgia prior
to January 1, 1917:'2

Idaho. In an Idaho act of March 8, 1905°%, regulating
the sale of timber from public lands, it was provided that no
fire should be set, nor live coals deposited, near forest areas
without properly guarding or extinguishing the same. The
land commissioner and his assistant land appraisers, game
wardens, and all peace officers of the state, were required to
enforce the act and authorized to arrest offenders. Rail-
road operators were required to keep their right of way clear
of inflammable material and to provide locomotives with
efficient spark arresters. The board of land commissioners

1. See Compiled Laws, 1914, sec. 3426.

2. See Annotated Penal Code, 1914, Park, secs. 227-230. Cf. Sec. 579 making it a
misdemeanor for a resident of an adjoining state to graze horses, mules, hogs or
cattle within forests of Georgia. (From Act Sept. 26, 1883, S. L. No. 334, p. 129:)

3. Session Laws, Idaho, 1905, p. 145.

116 FOREST LAW IN AMERICA

was authorized to employ not exceeding six persons at not
over five dollars per day each to enforce the law. Anyone
convicted of violating the act might be fined one hundred
dollars and imprisoned sixty days.

By an act of February 15, 1907, the legislature of
Idaho required the state board of land commissioners to
divide the state into fire districts and, upon the application
of one or more owners of property in any district, to annually
appoint a fire warden therein, to be paid by the owners mak-
ing the application. If desired by such owners, the warden
in any district might appoint deputies, subject to discharge
at the will of the property owners. Wardens and deputies
were required to patrol their districts in dry periods and
were given the authority to arrest without warrant persons
found violating any provision of the act. They might compel
assistance at a daily wage not exceeding two dollars and
fifty cents, exclusive of subsistence and reasonable traveling
expenses, payable in advance on demand.

Between June first and October first of each year, no one
might fire a slashing without a written or printed permit.
The permit must be restricted to three consecutive days
not less than ten days from the date of the permit. Though
a permit was received, it was unlawful to set a fire when
the wind made the setting dangerous, or without sufficient
help present to control the fire, which should be watched
until it was out. When a permit for burning slashings was
issued, a warden or deputy was required to be present at
the time of setting, and might revoke or postpone the per-
mit.

It was made unlawful to use any spark-emitting locomo-
tive, or other engine, in a timber district between May first
and October first without an efficient spark arrester; and
during the same period it was made unlawful for any camper,
farmer, logger, or other person or corporation, to set out
any fire without a permit, under pain of fine or imprison-
ment.

Those operating railroads were required to keep the ground
clear of combustibles fifty feet on each side of their tracks
from May first to October first, except ties and other main-

1. Session Laws, Idaho, 1907, p. 18.

ee

a ae

FIRE LEGISLATION BETWEEN 1900 AND 1916 a LL

tenance materials. It was also declared a misdemeanor to
drop live coals or ashes from a locomotive, and employees
were required to report fires.

The Idaho forest fire law was again amended on March
15, 1909 ! to require more thorough public notice as to
fire laws, to omit the provision for advance payment of fire
fighters, to make the closed season for the setting of fires
or operating engines without spark arresters uniformly
from June first to October first, and to make several other
minor changes. This act contained a new section requiring
the piling and burning of all brush, limbs or other forest
waste four inches or less in diameter left from logging oper-
ations of any character, and it was made a misdemeanor to
fail to dispose of such refuse at the time and in the manner
prescribed by the warden of the fire district in which the
cutting was done. It also provided that the state should
pay its proportion of the cost of protecting timber in any
district according to the extent of the timberland owned by
the state in such district in the same manner as other owners.
The fines collected under the act were made payable one-
half to the county and one-half to the informer.

On February 14, 19112 the Idaho law was amended to
make the operation of a spark-emitting locomotive or other
engine without an efficient arrester unlawful at any time of
year.

Illinois. No legislation regarding forest fires was enacted
in Illinois between 1900 and 1917. ?

Indiana. On February 27, 19054 a new law regarding
the burning of the woods was enacted in Indiana. This
act not only prescribed penalties, and liability for all dam-
ages, for the firing of the lands of another, or the permitting
of fire to spread, but required each township road super-
visor to employ the assistance necessary to extinguish any
fire within his district, the wages of the persons thus em-
ployed at one dollar fifty cents per day to be paid from the

. Session Laws, Idaho, 1909, ch. 227, p. 151.

. Session laws, Idaho, 1911, ch. 98.

. Rev. St. Hurd, 1913, ch. 114, sec. 63; Annot. St., 1913, Par. 3500, Par. 8812 (R. R.
to clear), Par. 8891 (Setting evidence of negligence), Sec. C.C. C. & St. L. BR. R. v.
Hamilton, 200 Ill. 633 (liability R. R.) Ch eckley v. lil. Cent. R Re Somes
491 (Requirement to clear constitutional.).

4. Session Laws, Indiana, 1905, ch. 49, p. 64.

ONE

118 FOREST LAW IN AMERICA

regular township funds. Another act of the same year pro-
vided a maximum penalty of one hundred dollars and im-
prisonment for thirty days for the malicious or wanton
firing of the land of another, directly or indirectly. 1 On
March 3, 1911? railroad companies operating in Indiana
were made liable for all damage caused by fires set by lo-
comotives, and were given an insurable interest in the
property for which they were thus made lable. The bur-
den of proving contributory negligence was placed upon
railroad operators against whom actions were brought for
fire damage.

Iowa. No forest fire legislation was enacted in Iowa
during the first sixteen years of the twentieth century. *

Kansas. Prior to January 1, 1917 no legislative pro-
vision for forest fire control had been made in Kansas other
than the legislation existing prior to the year 1900. *

Kentucky. Since the beginning of the twentieth cen-
tury the laws of Kentucky have required that railway com-
panies use a screen or other device upon the smoke stack
of every locomotive to prevent the escape of sparks, and
that they keep their right of way clear of combustible
material under penalty of paying all damages and a fine
of from one hundred to five hundred dollars for the mis-
demeanor of violating the law. °

A Kentucky act of March 19, 1912,° creating a state
board of forestry, provided that, upon the recommendation
of such board, the governor might appoint forest wardens,
to hold office during the pleasure of the said board, who
should receive payment for special services at not over two
dollars per day and have the authority of constables as to
arrest.

It was made a misdemeanor to build a fire or cut timber

. Session Laws, Indiana, 1905, ch. 169, sec. 372.

1

2. Session Laws, Indiana, 1911, ch. 107, p. 186.

3. See Criminal Code, 1897, secs. 4785-86; Nothing new in Suppl. 1918.

4. See General Stats. 1909, secs. 3822-23. Gen. St. 1915, Sees. 4873-583.

5. See Kentucky Stat. 1903, sec. 782, 790 and 793, and Ky. Stat. 1915, Carroll, sec.

782, 790 and 793. See Commonwealth v. Rwy. Co., 18 Ky. L. Rep. 610. Penal-
ties can be recovered only by indictment.
6.85 i, key, LOLS) chi 133, pi529:

a

FIRE LEGISLATION BETWEEN 1900 AND 1916 119

from a forest reservation except in accordance with regu-
lations prescribed by the board of forestry, and made un-
lawful to set a fire on one’s own land unless all possible pre-
caution had been taken to prevent its spread. The setting
of a fire contrary to the provisions of the act was made
prima facie proof of willfulness or neglect, and the offender
made liable for all damages and for the cost of extinguish-
ing the fire. Locomotives and portable or stationary engines
operated in or near forests or brush must have appliances to
prevent the escape of fire from stack, ash pan or fire box,
under penalty of a ten-dollar to one-hundred-dollar fine.
All offenders were made liable to the state and county for
all damages or expenses caused. The net amount of all
penalties was to be placed to the credit of the forest reserve
fund for general forestry purposes. Cooperative work with
the United States Government was authorized.

Louisiana. The act of July 4, 1904,1 creating a depart
ment of forestry in Louisiana, vested in the commissioner
of forestry the general direction of all forest fire protection
in the state, authorized the appointment of a chief fire
warden, and required the designation of an official in each
jury ward of the state as fire warden. The local wardens
were required to prevent and suppress forest fires, and
penalties were provided for the willful or negligent firing of the
forests. Railroad companies were required to clear combus-
tible material from their rights of way, and to require em-
ployees to exercise care and report fires under penalty
of a fine.

The act of July 7, 19102 that superseded the act of 1904
carried a maximum penalty of three hundred dollars and
six months’ imprisonment for the willful or negligent firing
of the lands of another or for the willful permitting of a fire
to escape from one’s own land, and a maximum fine of one
thousand dollars and five years’ imprisonment for the
malicious burning of the forest property of another. It
declared the setting of a fire by the dropping ofa lighted
match, or burning tobacco, by using a combustible gun-wad

1. Session Laws, La., 1904, No. 113, p. 244.

2. Session Laws, La., 1910. No. 261, p. 446. Cf. Session Laws, La., 1910, No. 259,
sec. 20, forbidding fires that might injure game.

120 FOREST LAW IN AMERICA

or by leaving a camp fire burning, should render one liable
to the penalties of the act. In addition to such penalties
an offender might be held liable in a civil action for all dam-
ages, including the value of young growth, as determined by
the cost of producing it artificially, and for the costs of
fighting the fire.

The act of 1910 also made it the duty of all railroad com-
panies operating locomotives through forest lands to keep
their rights of way cleared of combustible material, to pre-
vent their employees from dropping fire or live coals other
than between rails, to require employees to report fires
promptly, and to post warning placards furnished by the
state.

The duties imposed upon the forester and deputy forester
by the act of 1910 as to forest fire protection were vested
in the reorganized conservation commission established by
the act of July 9, 1912. '

Maine. By act of March 26, 1903,” the Maine act of
March 25, 1891, was amended to allow the state land agent
four hundred dollars additional annual salary as compensa-
tion for performance of duty as forest commissioner, and
he was given the authority formerly vested in county com-
missioners to appoint fire wardens and assign them districts
within unorganized places. These wardens might summon
citizens of the county to fight fire, to whom fifteen cents per
hour would be paid from state funds.

On April 1, 1909 * the “Maine Forestry District’? was
created as an administrative district for forest protection
purposes. The board of state assessors were required to
list and value all lands within this district. All lands within
the district were to be taxed at a uniform rate of one and
one-half mills on the dollar on this valuation, and this tax
with interest thereon at twenty per cent per annum from

1. Session Laws, La., 1912, No. 127. Cf. Session Laws, La., 1912, No. 204, as amended
by S. L. 1914, No. 47, regarding the firing of the woods during the game-breeding
season, and the act of July, 1916 providing that one-fifth of the collections by
the state on timber and turpentine licenses might be expended in the execution
of the state forestry laws.

2. Session Laws, Maine, 1903, ch. 168.

3. Session Laws, Maine, 1909, ch. 193. Cf. Act Apr. 2, 1909 S. L. ch. 230, p. 304
making $25,000 immediately available, for fire protection. See amendment of
March 15, 1911, 8. L., ch. 33, as to method of collection of tax., ch. 193 of 1909
held constitutional in Sandy River Pl.v. Lewis, 109 Me., 472, Dec. 13, Nov. 1912.

—-

FIRE LEGISLATION BETWEEN 1900 AND 1915 Dy

six months after it was due constituted to a len against any
tract described with reasonable accuracy, whether the
ownership were correctly stated or not. Lands on which
the tax was not paid within one year from the time when they
were advertised for non-payment of the tax were to be for-
feited to the state. The tax assessed under the provisions
of this act was to be used solely for the payment of ex-
penses connected with the protection from fire of the for-
ests within the administrative unit created.

The state forest commissioner was charged with responsi-
bility for the prevention, control and extinguishment of
forest fires within this district and authorized to establish
sub-districts and appoint in each a chief fire warden and
such deputies as he considered necessary to hold office
during his pleasure. He might require wardens and depu-
ties to patrol their districts, and they were given the au-
thority of sheriffs as to arrest, prosecution, and requiring
assistance. Chief fire wardens were to be paid three dol-
lars for each day of actual service and an allowance of not
over two dollars per day for travel and subsistence. Deputy
wardens were allowed two dollars per day and subsistence.
Those employed temporarily for patrol purposes might be
paid twenty cents per hour and subsistence, while persons
summoned for fire fighting were to receive fifteen cents per
hour and subsistence. The chief clerk to the state land
agent was made deputy warden. Written reports upon all
fires were required of wardens. The additional tax im-
posed by this law for forest-protection purposes was held
constitutional by the Maine courts.

The general law regarding fire protection throughout
the state was also amended by act of March 29, 1909. '
Any person who suffered damage from fire in consequence
of the negligence of the selectmen of any town to perform
their duty might maintain an action against the town for
the damage sustained not to exceed two per cent of the
valuation of such town; the chief engineer of cities was
made a forest fire warden, and the duties of county com-
missioners as to unorganized territory were abolished.

Another act of 1909! provided that whenever during

1. Session Laws, Maine, 1909, ch. 164, p. 166.

122 FOREST LAW IN AMERICA

the open season for hunting, it should appear to the govern-
or that, because of drought, the use of firearms in the for-
ests of the state might be liable to cause forest fires, he might
issue a proclamation suspending the open season for such
time as he might designate. <A fine of one hundred dollars
and costs must be imposed upon anyone who killed game
or entered forest land with a gun in his possession during
such closed season. If meteorological conditions changed
the governor might open the season by proclamation.

A Maine act of March 15, 1911? provided that, during
such dry periods as he considered such action necessary,
the forester commissioner should maintain a patrol along
railroad lines passing through wild lands of the state and
required that the railroad companies pay the cost of such
patrol. The commissioner could, by regulation, forbid the
burning of rubbish along the railroad right of way. An act
of March 25, 1913°% required railroad companies to have
screens upon the windows of passenger cars operated through
forest districts during the fire season, and one of April 4,
19134 authorized the forest commissioner to require spark
arresters on all locomotives during periods of fire danger.

On March 11, 1915° the railroad patrol act of 1911 was a-
mended by the elimination of the word ‘“‘wild’’ so as to
authorize a patrol of any “‘forest land”’ of the state through
which a railroad was operated; and an act of March 24,
1915 ° required the proper disposal of all inflammable material
resulting from forest cutting operations within fifty feet of a
railroad right of way or the wrought portion of a highway, or
in construction work on a road, railroad, telephone or telegraph
line; and made it the duty of the forest commissioner to re-
move debris improperly left and to enforce double the cost
as a lien against the property of the one responsible.

Maryland. A general forestry act of April 5, 19067

contained important legislation regarding the protection of
forests from fire in the state of Maryland. The state for-

. Session Laws, Maine, 1911, ch. 35, p. 30.

Session Laws, Maine, 1913, ch. 86, p. 87.

. Session Laws, Maine, 1913, ch. 177, p. 225.
Session Laws, Maine, 1915, ch. 68, p. 46.

. Session Laws, Maine, 1915, ch. 196, p. 165.

SNOOP ON

. Session Laws, Maryland, 1906, ch. 294, p. 532.

FIRE LEGISLATION BETWEEN 1900 AND 1916 13)

ester was required to direct fire protection and assist the
county authorities in suppressing fires, but the counties
were required to pay the cost of fire fighting. Wardens
might be appointed by the governor upon the request of
the forester, with irregular pay. The willful or negligent
firing of the lands of another by an individual or a corpora-
tion was made a misdemeanor, and the escape of a fire from
the land of one setting a fire to that of another was declared
- prima facie proof of willfulness or negligence, and the offender
was made liable not only for all damages suffered by others,
but also for the cost of extinguishing the fire, unless he could
prove that his action was neither willful nor negligent. All
locomotives and stationary engines used near timber must be
equipped with proper appliances.

The sections of this law regarding the appointment and
duties of forest wardens were amended by an act of April 7,
1910.1 At the request of the state forester, the governor
might appoint one warden for each 15,000 acres of woodland
in any county. Wardens were to have powers of constables
as to arrest and prosecution, to have authority to summon
all male inhabitants between eighteen and fifty years of
age, and to require assistance of horses, wagons and other
material, and to have authority to enter private property,
plow, tear down fences and set back fires to check fire.
Wardens were allowed an annual salary of twenty dollars in
addition to per diem of one dollar and fifty cents for each
five hours or less of actual fire fighting and twenty-five
cents per hour thereafter. Irregular employees were al-
lowed one dollar for each five hours, and twenty cents per
hour thereafter. By the amended law the state assumed
responsibility for one-half the cost of fire-fighting in any
county, and the tearing down of notices posted by the
forester was made a misdemeanor, and a failure by any
person to report a forest or brush fire to the local warden
was punishable by a fine of ten dollars. On April 15, 1912, ”
the law was again amended to make the state’s halt of the
cost of fire fighting payable out of the state forestry fund
instead of from the general funds of the state as in the act
of 1910.

1. Session Laws, Maryland, 1910, ch. 161, p. 395.
2. Session Laws, Maryland, 1912, ch. 348, p. 509.

124 FOREST LAW IN AMERICA

Massachusetts. A Massachusetts act of June 5, 1907 !
amended the existing law ? as to the appointment of forest
firewards so as to require the mayors and aldermen of cities
as well as the selectmen of towns, to appoint annually in
March or April a “forest warden’’; to require the approval
of the state forester before such appointment should be-
come effective; and to subject the appointee to a forfeit
of ten dollars for a failure to file with the city or town clerk
his acceptance or refusal within seven days of the receipt
of the notice of appointment. Forest wardens were charged
with the duty of taking active measures to prevent and sup-
press forest fires. In addition to posting notices, they were
required to investigate and report to the state forester re-
garding the causes, extent and damage of forest fires, the
value of forest lands, the extent of cutting operations and
the prevalence of insect pests injurious to forest growth.
The wardens were given the powers formerly vested in
forest firewards as to compelling assistance in the fighting
of forest fires and were exempted from actions for trespass
while engaged in the reasonable performance of their duties.
The state forester was authorized to pay from state appro-
priations for the services and expenses of forest wardens
while engaged in work under his direction, in an amount
not greater than thirty-five cents per hour nor in exeess of
the annual appropriation available for the work of the state
forester’s office. The state forester was also authorized
to expend not exceeding two thousand dollars annually in
effecting arrangements for conventions within the state
for forest wardens and in paying a part or all of the expenses
of those attending not more than one such meeting annually.
Portions of the act of June 16, 1886 (Ch. 296) and of the
act of April 9, 1897 (ch. 254) inconsistent with this act
were specifically repealed.

By an act of May 17, 1907 * every corporation operating
a steam railroad in Massachusetts was required to main-

1. Sess. L. Mass., 1907, ch. 475, p. 427. Cf. S. L. 1907, ch. 299, regarding duties of
game officers as to fires.

An Act of May 2, 1913, S. L. Mass. ch. 600, p. 510, amended the act of June,
1907 to require appointment of wardens in January. }
2. See Rev. L. 1902, ch. 25, sec. 17; ch. 32, secs. 16 to 25; ch. 208, secs. 5, 7, 8, 9, and
124 from S. L. 1874, ch. 228; S. L. 1886, ch. 296 and S. L. 1897, ch. 254.
3. Sess. L. Mass., 1907, ch. 431, p. 376. Cf. S. L. 1906, ch. 463, Part II, sec. 247 a

reenactment giving a railroad an insurable interest in property adjacent to its
line for which it was responsible.

FIRE LEGISLATION BETWEEN 1900 AND 1916 125

tain an approved spark arrester on each locomotive in which
wood, coal or coke was used as fuel; to keep all inflammable
material cleared from its lands for a distance of two hun-
dred feet on each side of the center of its right of way
from April first to December first and to prevent the drop-
ping of hot ashes or coals near woodland or grassland.
Every such corporation was authorized upon due notice and
under the direction of the local forest warden, to enter
unimproved lands adjoining its location and clear away all
debris to a distance of one hundred feet from its tracks
without being liable for trespass. Railroad employees were
required to give notice of all fires, to blow warning signals
from engines, and to assist in extinguishing fires so far as
was consistent with their duty as employees of a corpora-
tion serving the public.

An act of May 14, 19091! made railroad corporations
liable to cities and towns for the reasonable and lawful
expenses incurred in the extinguishment of fires negligently
or unlawfully set by their employees or agents.

A Massachusetts act of March 14, 1908? provided that
in towns that should accept its provisions at the next
annual town meeting, or that had accepted corresponding
provisions of earlier laws, no fires should be set in the open
air between April first and December first of each year,
except by the written permission of the local forest warden,
provided that domestic and agricultural refuse might be
burned at a distance of two hundred feet from forest or
sprout land if properly attended until extinguished. The
setting of fires in an approved manner for the suppression of
the gypsy and brown-tail moths was excepted. Violation of
the act might be punished by a fine of one hundred dollars
and imprisonment for one month. If the act were accepted
by a majority vote of any town, section twenty-four of chap-
ter thirty-two of the Revised Laws of Nineteen-hundred two
(derived from chapter 254 of 1897) was no longer applicable
to the town.

On April 6, 1911? the closed season was extended to in-
elude the month of March; cities were authorized to accept

1. Sess. L. Mass., 1909, ch. 394, p. 361. ~
2. Sess. L. Mass., 1908, ch. 209, p. 155.
3. Sess. L. Mass., 1911, ch. 244.

126 FOREST LAW IN AMERICA

the act with provision for the issuance of permits by chiefs of
fire departments and city fire commissioners; and persons over
eighteen years of age were authorized to maintain a fire for
reasonable purposes upon sandy or barren land under proper
precautions to prevent its spreading. The amendment also
required that any fire in the open be at least fifty feet from
any building, gave assistants of the state forester and deputy
wardens the power of arrest without a warrant that had been
conferred upon the forester and wardens by the act of 1908,
and authorized the submission of the question of acceptance
of the terms of the act at amy annual or special town meeting.

By an act of April 6, 19121 the law regarding the setting
of fires in the open was amended so as to make one subject to
arrest without warrant and liable to the penalties of the act
of 1908 for the offence of “‘increasing”’ a fire already set. A
revised enactment of the law approved March 21, 1916?
made all cities and towns in the state subject to its provisions;
and excepted from its penalties fires set within the metropol-
itan district by direction of a fire prevention commissioner and
fires set in a highway by those engaged on public works.

An act of May 21, 1909? provided that whenever, dur-
ing an open season for hunting, the conditions should be
such on account of excessive drought, that the governor
deemed the use of firearms lable to cause forest fires,
he might by proclamation suspend the open season and
prohibit the discharge of firearms in or near forest land
for such time as he should designate. The discharging of
any firearm in or near forest land or the shooting of any
wild animal or bird, as to which there was no close season
otherwise provided by law, during the period proclaimed
was made punishable by a fine of not over one hundred
dollars.

An act of March 2, 19104 imposed a maximum fine of
one hundred dollars or one month’s imprisonment for the
offense of liberating or flying a fire balloon in any city or
town.

1. Sess. L., Mass., 1912, ch. 419, p. 355, sees. 3 and 4. Act made similar amendments
to Chap. 163 of 1882 and ch. 296 of 1886; R. L. 1902, ch. 208, secs. 7 and 8.

2. Sess. L. Mass., 1916, ch. 51, p. 36. Laws 1908, 1911 and 1912 repealed.

3. Sess. L., Mass., 1909, ch. 422, p. 401.

4. Sess. L. Mass., 1910, ch. 141.

NE ee el

re

FIRE LEGISLATION BETWEEN 1900 AND 1916 12

An act of April 13, 1910! provided that any town having
a valuation of not over one and one-half million dollars,
that should, with the approval of the state forester, expend
money for apparatus or in the making of protective belts to
control forest fires, should receive from the state an amount
equal to one-half of such expense, but not to exceed two
hundred and fifty dollars. Another act of 1910? made it
unlawful for any unnaturalized foreign-born person to
pick wild berries or flowers, or to camp or picnic upon the
land of another in Barnstable or Plymouth counties between
April first and December first of any year without a written
permit from the owner of the land. Any such person failing
or refusing to show a permit might be arrested by a forest
officer without a warrant.

On July 18, 1911% provision was made for the appoint-
ment by the state forester of an assistant, to be known as
state fire warden, who should take charge of all forest fire
protection work in the state. This warden was required
to make an annual report, and deputies of the fish and game
commissioners were required to report to him the conditions
as to forest fires in their districts and as to their activities
in regard to fire control.4 The state forester was also
authorized to designate not over fifteen deputies to assist
the state fire warden.

An act of February 25, 1914° required that every owner,
tenant or occupant of land, or owner of stumpage, who cut
or permitted the cutting of timber adjacent to the wood-
land of another, or a highway or railroad location, must
dispose of the slash for a distance of not over forty feet from
the border line, as should be required by the local forest
warden. Anyone cutting trees or undergrowth within a
highway must dispose of the slash in the manner deter-
mined by the local warden.

Michigan. A Michigan act of June 18, 1903° made the
state land commissioner the forest commissioner of the

. Session Laws, Mass., 1910, ch. 398, p. 329. See Act Mar. 31, 1914, ch. 262, p. 229,
increasing valuation limit to $1,750,000.

Act May ae 1910, S. L., ch. 478.

. Session Laws, Mass., 1911, ch. 722, 879.

See Session Laws, Mass., 1907, ch. 299.

Session Laws, Mass., 1914, Cha lO ps 722

. Session Laws, Michigan, 1903, No. 249.

Sone sets ia

128 FOREST LAW IN AMERICA

state with supreme authority in all matters relating to the
preservation of the forests and the suppression of forest
fires. The supervisors of towns, mayors of cities, and presi-
dents of villages were constituted fire wardens for their re-
spective jurisdictions, and a supervisor of a town containing
two or more surveyed townships might appoint one or more
deputies.

The forest commissioner was required to appoint a dep-
uty, to be known as chief fire warden, at a salary of five
hundred dollars per annum. The chief fire warden was
given general charge of all forest fire activities in the state,
and authorized to select temporary wardens. He was re-
quired to investigate the extent and causes of forest fires,
and to promote the practice of forestry. It was made a
misdemeanor for any male over eighteen years of age to
refuse to assist in the suppression of a fire. All wardens
were authorized to arrest without warrant any person de-
tected violating the provisions of the act. Wardens and
others were to be paid at the rate of two dollars per day,
one-third by the state and two-thirds by the local subdivi-
sion, but the annual expenditure in a city, village, or sur-
veyed township was limited to fifty dollars. Sections nine
and ten imposed penalties for the negligent, willful or ma-
heious firing of the woods. Sections twelve and thirteen
required locomotives and threshing engines to have proper
appliances for the prevention of fires, and required those
operating railroads to clear the right of way of inflammable
material.

An act of May 22, 1907! abolished the office of chief
fire warden and devolved the duties formerly appertaining
to that office upon an official designated as the state game,
fish and forestry warden, who should receive an annual
salary of three thousand dollars and expenses.

On June 28, 1907 ? the fire protection act of June 18, 1903
was amended so as to require the game, fish and forestry
warden to perform the duties of fire warden. This act re-
quired the state warden to divide the counties affected by
the act into districts and appoint a deputy game, fish and

1. Session Laws, Mich., 1907, No. 106.
2. Session Laws, Mich., 1907, No. 317.

FIRE LEGISLATION BETWEEN 1900 AND 1916 129

forest warden in each. These deputy wardens, not to ex-
eeed ten in number, were to receive an annual salary of
one thousand dollars each. They were given the powers of
the township wardens authorized by the act of 1903, and
were also empowered to direct the efforts of the town wardens
and mass them at such points as should be considered neces-
sary for the suppression of fires. An expenditure of ten
thousand dollars per annum in special measures for the
control of forest fires was authorized. - The fifty-dollar
limit was abolished, but the provisions in the act of 1903
that no town warden should receive over thirty dollars
nor any person employed by a warden over ten dollars per
annum were retained.

The Michigan act of June 2, 1909! creating the public
domain commission directed that the game, fish and forestry
warden perform his duties under the direction of such com-
mission, and the amendment of this act on May 1, 1911?
provided for the appointment of a forestry warden by the
commission who should have charge of all fire control
work.

An act of May 13, 1915? amending the act of 1903, as
modified by act of 1907, required the state game, fish and
forestry warden to divide certain forest counties into not
over ten districts and appoint a warden in each at a per diem
of from two dollars and fifty cents to four dollars. These
wardens might summon assistance the same as the town-
ship fire wardens. They could not be paid for over twenty-
five days annually; two-thirds by ,the municipality and
one-third by the state. The act authorized the employ-
ment of extra men at state expense during times of unusual
drought. Section twelve made it a misdemeanor for any
railroad company to fail, to use efficient spark arresters, to
keep combustible material cleared for a distance of fifty
feet each side of the center of its track, to require employees
to report fires, or to concentrate help to extinguish fires.

Minnesota. On April 21, 1903‘ the fire law of Minne-

. Session Laws, Michigan, 1909, No. 280.

. Session Laws, Michigan, 1911, No ae

. Session Laws, Michigan, 1915, No. "221, ol:
. Session Laws, Minn.,. 1903, ch. 363, p. 652.

mone

130 FOREST LAW IN AMERICA

sota was changed in several minor particulars! and the
operation of a portable engine without an effective spark
arrester or the depositing of coals or ashes therefrom and
leaving the same unextinguished was made a misdemeanor.

The fire warden law was again amended on March 30,
1905” to provide that each fire warden be paid two dollars
for each day of actual service, and each non-official employee
one dollar and fifty cents per day, but, except as directed by
the chief fire warden, no warden was to be paid for over
fifteen days, no other employee for over ten days in one
year, the expenses to be equally borne by the state and the
county in which the expense was incurred. |

On April 13, 1909? the forest fire law of Minnesota was
again revised. Under the law as then amended the state
auditor was to appoint a forestry commissioner at an annual
salary of fifteen hundred dollars who should be a member of
the forestry board and have supervision of all fire wardens.
Supervisors and clerks of towns, mayors of cities, and presi-
dents of villages were made fire wardens. The commissioner
might appoint wardens in unorganized territory and direct
any warden to perform duties outside of his district. Ward-
ens must guard against fires, patrol their districts in dry
seasons, fix responsibility for fires, and report each fire to
the commissioner within three days after its occurrence.
They might arrest without warrant and prosecute offenders
without giving security for costs. Highway officials were
required to assist in the prevention of forest fires.

The commissioner was required to divide exposed dis-
tricts and employ rangers in dangerous seasons, giving
preference to cruisers, woodsmen, game wardens and
forestry students, who should receive not over five dollars
per day for services, from an emergency appropriation car-
ried in the act. For services in ordinary seasons wardens
were to receive twenty-five cents, and other employees
twenty cents per hour. The refusal or neglect of a warden,
patrol, or summoned person, to assist in the extinguish-
ment of a fire, the leaving of a fire on forest or prairie, the

1. The provision in this law changing the title of fire warden to forestry commissioner
was repealed by an Act of Apr. 19, 1905, S. L., ch. 310, restoring the title of fire
warden and increasing the salary of the position to $1500.

2. Session Laws, Minn., 1905, ch. 82, p. 98.

. Sesssion Laws, Minn., 1909, ch. 182.

iv)

FIRE LEGISLATION BETWEEN 1900 AND 1916 131

setting of a fire so as to endanger the property of another,
the using of combustible gun wads, the carrying of a naked
torch, or the dropping of a lighted match, ashes, or a cigar,
would subject the offender to a fine of fifty to one hundred
dollars, or imprisonment from thirty to ninety days, or
both fine and imprisonment. The malicious firing of the
woods might be punished by a fine of five hundred dollars
or ten years m prison, or both. The clearing of the ground
for a radius of ten feet was required before a camp fire was
built near a forest. The law provided that if a fire which
had done damage could be traced to land on which the
owner had set a fire within three weeks previous to the
damage, a presumption of negligence in the setting of the
fire would be sustained. The law as amended also required
that locomotives have proper appliances, that rights of way
be cleared, and that portable engines have effective spark
arresters, and that persons or corporations cutting timber
for commercial purposes must pile and burn the slashings. }
The failure of any county attorney or magistrate to act
promptly and efficiently upon all violations of the law
brought to his attention was made malfeasance in office
with a penalty of not less than one hundred nor over five
hundred dollars.

In the act of April 12, 1911? providing for a reorganiza-
tion of forest administration in the state of Minnesota,
provision was made for district rangers and for additional
patrolmen as needed in lieu of the system of town, county,
eity and village officials as ex-officio wardens. The provi-
sion of previous laws that wardens might summon all male
persons over eighteen years of age to assist in fire control
was retained. The forester was authorized to require rail-
road companies to maintain a patrol after the passing of all
trains in times of particular danger, and upon their failure
to comply with his request he might employ such patrol
at their expense. The act also made it a misdemeanor for
any railroad company to fail to patrol its right of way
after trains when necessary to prevent fire, and required
them to exercise the highest degree of diligence in guarding

1. Cf. Session Laws, Minn., 1909, ch. 378, affording railroad companies an insura-
ble interest in property for which they were liable in case of fire caused by railroad.
2. Session Laws, Minn., 1911, ch. 125.

132 FOREST LAW IN AMERICA

against fires. They must use efficient spark arresters, pre-
vent the dropping of live coals, and keep the right of way
clear of combustible materials.

It was made a misdemeanor to fail to dispose of slashings
in such manner as the forester should require to guard against
endangering the property of others, and the forester could
dispose of the debris at the expense of the owner. The
provisions of the previous law against the careless burning
of agricultural or other clearings were retained, as were
also the penalties for the unlawful setting of fires. All
villages and cities were required to make fire lines about
the town and to prevent the starting and spreading of fires.
The spreading of a fire from the property of the person or
corporation setting it was declared prima facie evidence of
negligence.

On April 2, 1913! several important amendments to
the act of 1911 were made regarding fire control. The state
forester was authorized to prescribe other measures than
a patrol for the immediate control of fires originating from
railroads, and railroad operators were made liable for ex-
penses as well as damages caused by fires set by them in
violation of the law. Locomotives and other engines were
required to have efficient ash pans in addition to spark
arresters, and railroad companies were required to keep a
complete record of the inspections of all fire protective
appliances, which record should be open to inspection
by the state forester or his representatives. The act
also authorized the inspection by state officials of all
engines and _ boilers operated for any purpose in the
vieinity of forest, brush or grass land. During par-
ticularly dry periods the state -forester might prohibit all
burning along a railroad right of way. Railroads were
required to maintain suitable fire-breaks along the right of
way, and to make such reports as the state forester should
request. The setting of fires or leaving of combustible
material upon a railroad right of way by third parties was
also forbidden.

The act of 1913 gave district rangers discretion as to re-

1. Session Laws, Minn., 1913, ch. 159.

FIRE LEGISLATION BETWEEN 1900 AND 1916 133

quiring the disposal of slash, and the provision of the act
of 1911 that the cost of disposal of brush should constitute
a lien against the land was amended so as to make such
cost a lien against the logs or other timber products upon the
land, and was otherwise strengthened. Additional provi-
sions were inserted for the burning of slash along public
roads; county attorneys were required to act energetically
as to all violations of the act, and the fines collected in prose-
cutions instituted by town, city and village officials ap-
pointed by the state forester as an auxiliary patrol force
were made available as local fire control funds.

Mississippi. No legislation for the prevention of forest
fires was enacted in Mississippi between the year 1900 and
to the year 1917. !

Missouri. Prior to January 1, 1917 no legislation for
the prevention of forest fires had been enacted in Missouri
other than laws imposing severe penalties for the willful
or negligent setting of fires, except that the law making
railroads liable for all damages from fires set and affording
them an insurable interest in property along their right of
way was supplemented by an act of May 7, 1909? provid-
ing that if any railroad should fail to remove all grass, weeds,
and other inflammable material, from its right of way each
year, the material might be removed by the party endangered
and double the cost of the removal recovered from those
owning or operating the railroad.

Montana. A Montana act of March 18, 1901 * required
railroads within that state to plow a fire guard on each side
of their track between April first and July first of each year
and to burn the grass inside of each plowed strip before
September fifteenth of each year. A failure by a company
to make such guard would render the company liable for
all damages and for double the cost of performance of
the required work by direction of the county commissioners.

1. See Code 1906, sec. 4988 (firing the woods.)

2. Session Laws. Missouri, 1909, p. 359 Cf. Rev. Stat. Mo. 1909, sec. 4621 (firing
the woods.)

3. Sssion Weds ent ane 1901, p. 163; See minor amendment in act of March 5,
1903

134 FOREST LAW IN AMERICA

In a general act for the administration of lands owned by
the state, approved on March 19, 1909! the state of Mon- -
tana provided for the appointment of a trained forester who
should have general control of the timber lands of the state
including fire protection, under the direction of the state
board of land commissioners. He was authorized to appoint
volunteer fire wardens, and all sheriffs and game wardens
and deputies were made ex-officio fire wardens. The appoint-
ment of federal forest supervisors and rangers as state fire
wardens was authorized. The state forester and all ward-
ens were given the power of peace officers as to arresting
offenders against either the state or federal forest laws.
They were authorized to summon all males between eighteen
and fifty years of age to assist in the control of forest fires
under penalty of a fine, but no citizen could be required to
assist more than five days in one year. Section fifty-three
of this act as amended by an act of March 7, 1911? re-
quired the piling of brush when tintber was cut on state
land, and the disposal of all slashing in such manner as to
prevent fire.

Nebraska. No legislation for the control of forest and
prairie fires was enacted in Nebraska during the first six-
teen years of the twentieth century. *

Nevada. A Nevada general act regarding crimes and
punishments approved January 1, 19124 contained in
section 368 a provision that anyone who should light a fire
for any purpose along the road through woodland, upon
woodland, or anywhere else in the open, and thereby set
fire to any growing timber, forest, or other vegetation, and
cause destruction of property not his own to the value of
fifty dollars or over, should be guilty of a felony and be
imprisoned in the state prison for not less than one year
and not more than five years, and in addition might be
fined not over ten thousand dollars and not exceeding twice

. Session Laws, Montana, 1909, ch. 147.

. Session Laws, Montana, 1911, ch. 118. ;

. See Rev. Stat. 1913, sec. 8626 (penalties for setting fires). Cf. sec. 2945 requiring
the plowing of fire guards along roads.

4. See Rev. Laws, Nevada, 1912, sec., 6633. Cf. sec. 6632, which is substantially the

same as sec. 4912 of Comp. Laws of 1900 making ita misdemeanor to leave

a camp fire burning.

whe

FIRE LEGISLATION BETWEEN 1900 AND 1916 135

the value of the property destroyed, and besides he should
be liable to the owner in civil damages for the full value.

New Hampshire. A New Hampshire act of March 10,
1905! required the chiefs of organized fire departments
in cities and towns to act as forest fire wardens, and, when
directed by the forestry commission, to maintain a patrol
and issue warnings regarding the danger of forest fires.
They were authorized to summon persons and require the
services of horses and equipment for forest fire suppression.
Cities and towns were required to bear the cost of fire con-
trol. In towns that had no organized fire department the
state forestry commission were required to designate an-
nually a member of the board of selectmen as forest fire
warden. Chiefs of fire departments and selectmen were
to receive the same rate of pay for warden duty as for other
public services.

In unorganized towns the commission might, upon the
application of owners of forested land, appoint special
fire wardens, define their duties and fix their compensation,
one-half of the cost of fire protection to be paid by such
owners and one-half*by the county. Wardens were made
liable to a fine of one hundred dollars to five hundred dol-
lars for failure in duty, and any person failing to report an
unextinguished forest fire, not under control or supervision,
was made subject to a fine of ten dollars.

A general forestry act of April 9, 1909? repealing chapter
forty-four of 1593 and chapter ninety-seven of 1905, made
the state forester chief fire warden, with the duty of ap-
pointing as local fire wardens, men nominated by selectmen,
mayors of cities, or private citizens, and such deputy
wardens as he should consider necessary. The forester
might require wardens and deputies to patrol their districts
and remove them for cause.

In unincorporated places the state forester might appoint
and remove wardens and deputy wardens, or he might ap-
point wardens for duty in groups of towns or unincorporated
places, or of both.

1. Session Laws, N. H., 1905, ch. 97, p. 513.
2. Session Laws, N. H., 1909, ch. 128.

136 FOREST LAW IN AMERICA

All wardens might require the assistance of persons,
horses, wagons, and other equipment, under penalty of a
fine. The compensation of wardens, deputies and those
summoned was to be determined by the forestry commission
and the forester, with the right of review by the commissioners
of the county in case of dispute. The cost of fighting forest
fires was to be borne in equal parts by the town, city, or
unincorporated place and the state.

Section twelve forbade the building of a fire upon publie
land without the permission of a state forest officer, or the
official in charge of such land, or upon private lands without
the consent of the owner or his agent; and section thirteen
forbade the kindling of a fire or the burning of brush, dur-
ing time of drought, in or near woodland without the written
permission or the presence of a fire warden. The setting of
a fire by throwing down a lighted match, cigar, or other
burning substance, was declared a misdemeanor, and any-
one setting a fire was made lable for all damage caused
another by its spreading. A forfeiture of ten dollars was
declared against any person who should fail to extinguish
a fire or report it.

By act of March 10, 1909! the governor and council
of New Hampshire were authorized to close the game season
by proclamation in periods of. excessive drought, and the
shooting, during the time designated in the proclamation,
of any animal or bird not otherwise protected by law could
be punished by a fine of fifty dollars.

On April 15, 1911? section six of the act of April 9, 1909
was amended to authorize the division of the state into
four districts, and the appointment of a district chief in
each during eight months * of each year to assist the state for-
ester and local wardens in fire protection. Section thirteen,
prohibiting the kindling of fire in a forested area during
times of drought, was changed to forbid the building of
fires between April first and November first. 4 The pur-
chase or condemnation of sites for fire lookout stations,

. Session Laws, N. H., 1909, ch. 59.

. Session Laws, N. H., 1911, ch. 166, p. 213.

See Act May 21, 1913, S. L., ch. 159, removing the restriction of eight months’
employment of district chiefs.

. See Act of April 21, 1915, S. L., ch. 142, again amending section thirteen so as to

forbid the building of fires in or near woodland without the permission or pres-

ence of a forest warden, except when the ground was covered with snow.

Whe

nas

FIRE LEGISLATION BETWEEN 1900 AND 1916 137

the establishment of supply stations for fire protection
purposes, the building of trails and fire lines, the employ-
ment of paid patrols, the holding of conferences of forest
officials, and the use of other means of promoting efficiency
in forest work were authorized by this act. !

A New Hampshire act of March 31, 1911? imposed a
fine of from fifty to one hundred dollars for the
offense of operating a portable steam mill at any
time except when there was snow upon the ground
without a spark arrester approved by the state fores-
ter, and made it the duty of the state forester to examine
such engines and require a compliance with the law.

On April 14, 1911* it was made a misdemeanor, punish-
able by a fine of fifty dollars, to leave a camp fire burning
except upon the sea beach where confined by stone or ap-
pliances which would prevent its spreading into forests or
fields.

On May 7, 1913‘ railroad operators’ were permitted to
acquire such rights and easements as were necessary to
clear combustible material from lands adjoining their right
of way for purposes of fire protection under the direction
of the public service commission. An act of May 21, 1913°
required railroad operators to maintain suitable spark ar-
resters and ash pans on all locomotives not operated by oil
or electricity, and to require due care by all employees as
to fire. The public service commission was given authority
to determine whether the appliances used were sufficient,
to prescribe regulations as to fire signals and the reporting
of fires by railroad employees, and to enforce the provisions
of the law as to railroads. This act authorized the state
forester to appoint section foremen and other railroad em-
ployees as deputy wardens when recommended by au-
thorized officials of a railroad. Such deputies were required
to extinguish fires along the right of way and adjacent

1. See Act of February 25, 1915, S. L., ch. 12, authorizing the state forester to co-
operate with the forestry departments of Maine, Massachusetts and Vermont
in the building of lookout stations; Act of April 15, 1915, S. L., ch. 127,
giving him broader authority in calling conferences of forest employes and author-
izing payment of expenses of non-resident experts for conferences, and Act April
21, 1915, S. L., ch. 133, sec. 69, requiring fish and game wardens to assist in fire
protection.
. Session Laws, N. H., 1911, ch. 95, p. 99.
Session Laws, N. H., 1911, ch. 151, p. 165.
. Session Laws, N. H., 1913, ch. 125, p. 632.
Session Laws, N. H., 1913, ch. 155, p. 688.

SUR who

138 , FOREST LAW IN AMERICA

thereto. Railroads were required to pay all just expenses
for the control of fires along their lines and to maintain a
patrol during dangerous seasons. The act authorized rail-
road companies to enter upon forest or brush lands adjacent
to the right of way for the purpose of clearing inflammable
material from such lands for a distance of twenty-five
feet from the right of way, after due notice, without in-
curring liability for trespass. If objection were made by
the owner, the clearing could be done only in such manner
as the public service commission prescribed. The forestry
commission was authorized to enter the right of way at
any time to ascertain if the law were being carried out.
The requirement in this act that any person, firm or corpor-
ation cutting timber or wood adjacent to a railroad right
of way must dispose of all inflammable material within
twenty-five feet of the right of way within sixty days, except
that where operations were conducted after November
first the slash could remain until May first following in
three counties, and until April first in other counties, was
amended by an act of April 7, 19151 so as to require a
clearing for twenty feet along electric railways and publie
highways and forty feet along steam railroads.

New Jersey. On April 3, 19027 a new law regarding
the control of forest fires was enacted in New Jersey. This
act, like the previous ones of 1892, 1894 and 1899? au-
thorized townships to appropriate money and appoint a
fire marshal to take charge of fires, but extended this au-
thority to cities and other municipalities. A marshal might
be removed, after hearing, by those appointing him, for
malfeasance or neglect of duties. Marshals were given all
the powers of a constable in a criminal case. Their duties
as to a fire were the same as previously, except that they
were required to make annual reports as to area burned,
damage done, cause of fire and methods of control used.

Section seven of this act forbade anyone to burn a pit
of charcoal, or fire brush, leaves, grass, etce., endangering
the property of another, without watching, under penalty

1. Session Laws, N. H., 1915, ch. 100, p. 106.

2. Session Laws, N. J., 1902, ch. 139, p. 451; ef. Session Laws 1902, ch. 83, making it
a misdemeanor to burn woods, marshes, cranberry bogs or meadows of another.

3. Laws of 1892, ch. 119; Laws 1894, ch. 194; Laws 1899, ch. 169.

9

FIRE LEGISLATION BETWEEN 1900 AND 1516 139

of a fine of one thousand dollars and imprisonment for
three years. Section nine provided that if ten or more free-
holders asked an investigation of a forest fire, the fire mar-
shal or constable must apply to a justice of the peace, who
must investigate and make a written finding. If he found
anyone at fault he must cause his or their arrest and com-
mit or hold to bail for action of the grand jury, and he might
bind over witnesses.

Section fourteen of this act provided for the payment by
the state to any city, town or municipality of double the
amount that such local political division should raise for
forest fire protection, provided that the amount to be paid
by the state to any one city or town should not exceed two
hundred dollars, nor the total for the state exceed ten thou-
sand dollars annually.

A new railroad act of April 14, 19031 required every
railroad to use all practicable means to prevent the com-
munication of fire from its engines to property adjacent to
its line under penalty of a fine; made the setting of a fire
prima facie evidence of negligence, and afforded the railroad
an insurable interest in all property for the burning of which
it was liable under the act.

On April 18, 1906? the existing laws of New Jersey re-
garding forest fires were repealed and a new law made effec-
tive. The new act authorized the state forest park reser-
vation commission to appoint a state fire warden and fix
his salary. The township committee or governing body
in every township in the state was required, upon thirty
days’ notice by the said commissioners, to appoint a suitable
person as township fire warden for a term of one year, and
upon failure of the town to act, the commissioners were to
appoint. Any fire warden might be summarily removed by
the commissioners. If required by the state warden, a
township warden must divide the town into districts and
appoint a warden in each district except the one in which
he himself lived, and he might appoint deputies. The
state fire warden was given general supervision of all for-

1. Session Laws, N. J., 1903, ch. 257, p. 645, sec. 56 and 57, p. 673.

2. Session Laws, N. J., 1906, ch. 123, p. 221. This act repealed Acts of Nov. 24, 1794;
March 3, 1875; March 24, 1875; March 23, 1888; March 238, 1892; May 14, 1894;
April 3, 1902; and sec. 130 of the Act of June 14, 1898, regarding crimes.

140 FOREST LAW IN AMERICA

est fire protection in the state. Town and district wardens
were required to establish a patrol as prescribed by the state
commissioners, and were given authority to enter upon
private lands, summon males between eighteen and _ fifty
years of age, and require the use of horses, wagons, ete.,
under penalty for refusal. If a fire was burning in any town,
the state warden might summon wardens from adjacent
towns, but the state must pay for the services of anyone
summoned from a town which the fire did not enter.

If the authorities of a town failed to fix the compensation
of wardens and others employed, the fire wardens were to
receive three dollars per day when fighting fires, and two
dollars per day when otherwise engaged; helpers were to
be paid one dollar for five hours or less, and twenty cents
for each hour over five, and one dollar and fifty cents per
day for patrol and other employment. The state was re-
quired to pay one-half of all fire fighting costs, and the
whole cost if the fire occurred on a state forest reservation.
Reports of all fires covering over one acre must be made in
ten days. In townships having a warden, open fires could
not be set without a written permit from the warden. The
act contained provisions similar to earlier laws forbidding
the firing of waste or forest land and requiring the watch-
ing of charcoal pits. Wardens might arrest without war-
rant persons taken in the act of violating the law.

A supplementary act of April 14, 1907! authorized the
commission to include parts of several townships in a single
fire district and appoint a warden who should be paid jointly
by the state and town, and arrangements might be made
- with railroads as to fire protection in such a district.

On April 13, 1908? the act of 1906 was amended to em-
power the state commissioners: to determine whether a
warden should be appointed for a whole township or only
for a part, to increase the pay allowed fire wardens and
others, to require a report of all fires, to except from the
section requiring permits the burning of domestic or agri-
cultural refuse at a distance of two hundred feet from wood-
land or inflammable material, to authorize the setting of

1. Session Laws, N. J., 1907, ch. 9, p. 21.
2. Session Laws, N. J., 1908, ch. 213, p. 422.

FIRE LEGISLATION BETWEEN 1900 AND 1916 141

back fires, and to lighten the penalties for the unlawful
setting of a fire if no damage was done another.

An act of April 20, 1909! provided that whenever a
forest fire occurred because of conduct contrary to the pro-
visions of the act of April 18, 1906, the offender might, in
the diseretion of the forest park reservation commission, be
relieved from the prescribed penalties by paying the cost
of extinguishing the fire or such part thereof as the com-
mission might determine to be properly chargeable to such
party.

On April 12, 19092 a new departure was made in New
Jersey legislation regarding the prevention of forest fires by
railroad locomotives. This law provided that wherever
woodland was less than one hundred and ten feet from the
roadbed of a railroad using coal or wood for fuel, a fire line,
not less than one hundred nor over two hundred feet from
the outer rail on each side of the track or tracks and parallel
therewith must be prepared by the railroad operator under
penalty of a fine. This line was to consist of a strip of land
not less than ten feet wide entirely cleared of combustible
material and with the bare earth exposed. In swampy
land a ditch three feet or more wide, dug to the depth of
permanent water, might replace the bared strip. All com-
bustible material between the strip and the track must be
removed before March first of each year. Trees over three
inches in diameter and over six feet apart, pruned of branches
to six feet, might be left inside of the strip.. The forest park
reservation commission might relieve a railroad from the
construction of such lines in particular localities, or from a
reclearing during subsequent years. Railroads were re-
lieved from an action in trespass for entry on private lands
to construct fire lines and remove material, and the decision
of the state commission that a line was necessary was de-
clared subject to no appeal by an adjacent owner. All
marketable wood not belonging to a railroad was to be
piled beyond the fire line, subject to removal by the owner.
This act was declared unconstitutional in 1913. °

1. Session Laws, N. J., 1909, ch. 225, De 822.
2. Session Laws, N. J., 1909, ch. 74, p.
3. Vreeland v. Forest "Commission, 12 eactenan 349.

142 FOREST LAW IN AMERICA

On March 15, 1911+ the New Jersey fire law was amen-
ded to authorize the state commission to appoint and fix
the salaries of six division fire wardens, each of whom should
devote his whole time to the forest fire service and who
should take precedence over all town and district wardens
in the direction of efforts to control forest fires. The forest
commission was also authorized, in its discretion, to accept
the cost of extinguishment and other expenses caused
by the fire, or such part thereof as they should consider
advisable, in lieu of the penalty prescribed for a violation
of the act, and it was stipulated that if a penalty were paid,
the excess of such penalty over the expenses incurred should
be paid to the township in which the fire occurred. This
act also modified in several particulars the method of pay-
ing the costs of fire control and the procedure in prosecu-
tions. The administration of the forest fire laws, especially
as to the procedure in fire suppression and in prosecutions,
was modified by several amendments embraced in the act
of April 17, 1914. 2

A New Jersey act of March 17, 1915? declared that any
owner or lessee of woodland, or any contractor or other
person having authority to enter upon such land, who should
suffer the accumulation of brush, tree tops or other litter
from felled trees to lie upon the ground in such manner as
to facilitate the origin or spread of fires, should be deemed
to have made and maintained a public nuisance. Failure
by the party responsible for the condition to remove the
fire menace promptly, after a notice from the state forest
officials that the existing condition came within the act and
must be remedied, could be punished by a heavy penalty.

Another act of 1915+ authorized the maintenance of a
forest fire patrol in any locality where the state forest
officials considered a patrol essential. The state was
required to determine whether any person or corporation
was responsible partially or entirely for the existing danger,
and each person or corporation found responsible was re-
quired to pay a part or all of the cost of such patrol in pro-

1. Session Laws, N. J., 1911, ch. 36, p. 52. See also Act Mar. 14, 1911, ch. 20.
2: Session Laws, N. J., 1914, ch. 247, p. 510.

3. Session Laws, New Jersey, 1915, ch. 61, p. 103.

4. Act March 30, 1915, S. L., ch. 109, p. 168.

FIRE LEGISLATION BETWEEN 1900 AND 1916 143

portion to his or its responsibility. Patrolmen might be
appointed by the interested persons or corporations, but the
appointee must report as required to the state fire warden.

An act of March 15, 19161 authorized the governing
body of each township in New Jersey to appoint forest fire
wardens for a term of three years each, and contained de-
tailed provisions regarding the imposition, collection and
disbursement of fines for forest offenses.

New Mexico. No legislation for the prevention of forest
fires, other than the early law imposing penalties for the
setting of fires, had been enacted in New Mexico at the
close of the year 1916. ”

New York. The New York act of February 19, 1900?
revising the forest, fish and game law, provided that the
commission must appoint fire wardens in every town having
lands which were a part of the forest preserve and might,
in their discretion, appoint a warden in any town in which
preserve lands might lawfully be acquired.

Towns might be divided into districts and a warden ap-
. pointed in each. Where no warden was appointed, the
supervisor was required to act. As in the act of 1885,
wardens were given authority to destroy fences, plow land,
and set back fires, and no action for trespass could be main-
tained. Any one refusing to assist a warden when summoned
was liable to a fine of ten dollars. Wardens must report fires
covering more than one acre. Fire wardens and district fire
wardens were to receive from the town two dollars and
fifty cents, and those summoned two dollars, for each day
actually engaged in fire protection. If special fire wardens
were appointed by the commission, the state was required
to pay one-half of the expenses.

Railroad companies were required to cut and remove all
inflammable material along the right of way twice yearly,
employ a patrol in dry seasons and early spring, provide
“steel netting or iron wire on smoke stacks’’ of locomotives
“and adequate devices to prevent the escape of fire from ash-

1. Session Laws, New Jersey, 1916, ch. 44, p. 81.
2. Statutes 1915, sec. 1516-1518 (firing the woods).
8. Session Laws 1900, ch. 20, p. 22, sec. 225.

144 FOREST LAW IN AMERICA

pans and furnaces.’ Railroad employees must not deposit
eoals or ashes along the track, and must report fires, and
assist in extinguishing them.

Within an area defined by the act, in the Adirondack
and Catskill region, no agricultural or lumbering debris
was to be burned between April first and June tenth, in-
elusive, or September first to November tenth, inclusive.
From June eleventh to August thirty-first, fires might be
set within the district described with the written permission
of a fire warden or district fire warden. If the material to
be burned was near forest or woodland, the warden or dis-
trict warden must be present when the fire was started,
and fires were not to be set when there was a heavy wind or
insufficient help present to control them. Violation of these
provisions was a misdemeanor punishable by a fine of three
hundred dollars.

The willful or neghgent firing of waste or forest lands of
the state, or the suffering of fire to enter such lands, rendered
one liable for all damages and subject to a maximum pen-
alty of two hundred and fifty dollars and one year’s impris-
onment.

The supplemental act of April 23, 19001 provided for
the appointment of a chief fire warden to supervise and
direct the work of town and district wardens, investigate
the causes of fires and prosecute offenders. The three ex-
pert foresters whose employment was authorized by the
latter act were designated as deputy wardens.

On April 11, 1901? the forest, fish and game law was
amended to authorize the appointment of a chief fire warden
at fifteen hundred dollars and expenses, and the employ-
ment of expert foresters at an annual expense not exceeding
three thousand dollars, and at a rate not exceeding fifteen
hundred dollars annually for any forester, the warden or
forester to hold office at the pleasure of the commissioner.

An act of April 23, 1901 * provided that one-half of the
net collection for certain violations of sections 204, 228 and
229 of the forest law not exceeding fifty dollars should be

1. Session Laws, N. Y., 1900, ch. 607, p. 1337.
2. Session Laws, N. Y., 1901, ch. 326, p. 869.
3. Session Laws, New York, 1901, ch. 491, p. 1223.

FIRE LEGISLATION BETWEEN 1900 AND 1916 145

paid to the fire warden or district fire warden on whose in-
formation the prosecution was made; and an act of April 24,
1901! authorized town boards to fix the daily wages, not
exceeding two dollars, to be paid those assisting in the con-
trol of forest fires, and made binding upon towns within the
preserve a direction of the forest commission that laborers
be employed for the control of fires at not over two dollars
per day. This act amended section two hundred and thirty
of the forest, fish and game laws so as to make its penalties
applicable to the setting of a fire on private lands as well
as state lands.

An act of May 3, 1904? authorizing the appointment
of five assistant state fire wardens at a salary of six hun-
dred dollars and an expense allowance of not over four
hundred and fifty dollars per annum’ each, required that
four of them should be assigned to service along railroads
within the state forest preserves. It was made the duty of
the forest commissioner to establish and maintain a patrol
along these railroads during times of unusual danger from
forest fires, and with the approval of the governor he might
employ additional assistants for such patrol.

Railroad operators were required to transport the fire
warden and his assistants without charge, and to pay one-
half of the cost of maintenance of a patrol, the other half
being charged to the towns in which the patrol was main-
tained. If no suitable warden was available in a town, the
supervisor was required to act as warden and report to the
chief warden.

Failure of a railroad company running trains through the
preserve to clear its right of way of combustible material
or to use proper appliances on smoke stacks and ashpans
for the prevention of fire was made punishable by a fine of
one hundred dollars for each day of violation.

The act amended section two hundred and thirty of chap-
ter twenty of 1900 so as to make the fact that a fire had
crossed intervening tracts no bar to recovery of damages,
provided the injury was done within five miles of where the
fire was unlawfully set.

A: Session Laws, New York, 1901, ch. 519, p. 1277
. Session Laws, New York, 1904, ch. 590, p. 1415; see Laws 1903, ch. 442, p. 1030.

146 FOREST LAW IN AMERICA

On April 22, 1905! the new sections 224a and 224b added
to the forest law by chapter three hundred twenty-six of
1901, and amended by chapter five hundred ninety of 1904,
were again amended. The five assistant fire wardens, now
called inspectors, who were to serve also as game wardens,
were required to inspect and report upon the condition of
the fire prevention appliances on all locomotives and
engines. The provision that each town pay one-half the
charge of an organized patrol was modified to authorize
the payment of a proportion of the expense correspording
to its relative holdings in towns in which the state owned
more than half of the property.

An act of April 12, 1906? again amended section 224a
raising the salary of the chief fire warden to eighteen hun-
dred dollars, giving him authority to commence actions for
trespass as well as for forest fire offenses, and authorizing
the employment of a foreman of forest laborers.

The existing law regarding fire control, railroad patrol
and the prosecution of offenders was reenacted without
material change in the revised forest law approved April 14,
1908. 3

The amendment of the New York forest act that became
effective May 25, 19094 imposed a penalty of two dollars
for each tree and a fine of twenty-five dollars or thirty days’
imprisonment, or both, for the misdemeanor of failing to
eut off or lop all limbs and branches of any coniferous tree
cut within the Adirondack preserve, unless the tree were
for sale or use with the branches on.

This act also changed the title of chief fire warden to
auditor of fire bills and accounts, and omitted the provision
in section sixty-seven of chapter one hundred thirty of
1908 for the employment of foresters, the duties of these
officials having devolved upon the superintendent of forests
and the assistant superintendent authorized by section four
of the act of 1908.

The act required the commissioner to divide the Adiron-
dacks into four fire districts and appoint a superintendent

1. Session Laws, New York, 1905, ch. 285, p. 540.

2. Session Laws, New York, 1906, ch. 206, p. 433. See Laws 1906, ch. 519.

3. Session Laws, New York, 1908, ch. 130, p. 299; See Laws 1907, ch. 667, p. 1531.

4. Session Laws, New York, 1909, ch. 474, p. 1136. See Annot. Consol. Laws, 1909,
Birdseye, Cum. & Gil., ch. 19, pp. 1705-1725.

FIRE LEGISLATION BETWEEN 1900 AND 1916 ei

of fires in each at a salary of fifteen hundred dollars and
expenses. It authorized the commissioner to organize
companies for the fighting of forest fires, employ men, es-
tablish observation stations, adopt fire signal code, prepare
trails, and construct ditches and other barriers to the
spreading of forest fires.

Section seventy-three imposed a penalty of fifty to three
hundred dollars for the setting of a fire, for the burning of
fallows, stumps, logs, brush, ete., in any town within the
preserve during the two closed seasons of April first to
May thirty-first, inclusive, or September sixteenth to
November tenth, inclusive, or between June first and Sep-
tember fifteenth, without a written permit from a forest
officer and the exercise of the greatest care.

Section seventy-four increased the penalty for the willful
or negligent firing of waste or forest lands of the state or of
a private person, or the negligent suffering of a fire to escape,
from a maximum fine of two hundred and fifty dollars and
one year’s imprisonment to one thousand dollars and
one year’s imprisonment, and afforded anyone injured an
election to sue for one dollar for each tree killed in lieu of
actual damages. It was provided that any money neces-
sarily expended by the state, a municipality or an individual
in controling fires set upon waste or forest lands within the
preserve counties might be recovered as single damages
from the one causing the fire, in addition to damages of one
dollar for each tree killed.

Railroad companies operating within the preserve were
required to maintain an efficient patrol at their own expense
from April first to November first of each year unless other-
wise directed by the commissioner of forests. If a com-
pany failed to maintain such patrol the commissioner might
employ men and charge the expense to the railroads. If a
fire started on or extended over from.the lands or right of
way of a railroad company or any person or company using,
manufacturing or producing coal, wood, oil, fuel, or other
inflammable material thereon, for other than domestic
purposes, the escape of fire was to constitute prima facie
evidence that the fire started or extended through negligence.

A new section, 75a, was added to the law authorizing the

148 FOREST LAW IN AMERICA

governor to proclaim camping or the taking of fish, fowl,
birds or quadrupeds in the forests of the state dangerous
in periods of drought, and to forbid all activities of this
character for a certain period under penalty of one hun-
dred dollars or thirty days’ imprisonment. He might ex-
tend the open season for a time equal to that of the closing.

On June 11, 1910! the provision in the section of the
Consolidated Laws of 1909? declaring it a felony to will-
fully set fire to the property of another was amended by
adding “‘or willfully set fire to, or assist another to set fire
to any wild, waste or forest land, belonging to the state or
to another person whereby such forests are injured or en-
dangered,’’ and by increasing the penalty to a maximum
fine of two thousand dollars or imprisonment for not over
ten years, or both.

On June 14, 1910 ° the law requiring railroad companies
to clear combustible material from their rights of way was
amended so as to specifically cover persons and companies,
other than railroad companies, operating a railroad.

An act of June 23, 19104 amended the town law regard-
ing the prevention and control of forest fires, vesting super-
visors in towns outside the preserve with the same powers
and duties as were vested in wardens by the forest, fish and
game law, and requiring each town board to authorize one
of its members to act in the absence of the supervisor and
to fix the compensation of patrolmen and others.

On June 24, 1910° the number of fire districts in the
Adirondack preserve was increased from four to five, the
towns enumerated in which permits for the burning of
brush were to be required, and the penal provisions regard-
ing the setting of fires amended in minor particulars.

By an act of April 16, 1912,° revising and reenacting
practically the whole forest law of the state, the provisions
of the previous law regarding the prevention, setting and

1. Session Laws, New York, 1910, ch. 474, p. 914.

2. Consolidated Laws, 1909, ch. 40 (from Laws 1909, ch. 88, sec. 1421.).

3. Session Laws, N. Y., 1910, ch. 476, p. 916 (Am'd sec. 72, ch. 24, C. L. 1909).

4. Session Laws, N. Y., 1910, ch. 630, p. 1626 (Am’d sec. 89, ch. 62, C. L. 1909). Cf.
ActeApr, U5, LOZ. (chu sila epe wens

5. Session Laws, N. Y., 1910, ch. 657, p. 1753.

6. Session Laws, N. Y., 1912, ch. 444, p. 883. This act with chap. 318 of 1912 revised
throughout chapter 24 of the consolidated laws of 1909 which comprised the
forest, fish and game law of the State of New York. ;

FIRE LEGISLATION BETWEEN 1900 AND 1916 149

extinguishment of forest fires received no important amend-
ment.

Several amendments to the fire provisions of the conser-
vation law were made by an act of May 24, 1913.1 In
section ninety-four the clerk of the board of supervisors of
each county was substituted for the county clerk as the
official to whom the commission should transmit statements
as to the amount of fire expense to be paid to the state by
each town as its half of the cost of fire-fighting for the pre-
vious year in the said town, and in section one hundred
three a provision was inserted relieving railroad operators
from clearing away inflammable material from more than
fifty feet on each side of the center line of the right of way,
substituting ‘‘corporation’ for ‘railroad company’ and
making two other minor changes. Section ninety re-
garding the disposition of logging debris in certain counties
received important amendment. The words “‘fell’’ and
‘felled’? were substituted for ‘‘cut,’’ and the expression
“lop-off’’ as describing an alternative method of disposing
of brush was omitted.

The leaving of limbs upon tree tops above the point where
the trunk or main branch had a diameter of not over three
inches was authorized, and it was provided that the conser-
vation commission might by resolution authorize the
cutting off of limbs at another time than at the time of fell-
ing the tree, or even the abrogation of this requirement at
such times and places as they. should determine that no
danger to neighboring or other forests would arise through
the temporary or permanent omission of the requirement.
The violation of the provisions of the section was made a
misdemeanor punishable by a fine of twenty-five dollars
and thirty days’ imprisonment, in addition to a penalty of
two dollars for each tree felled and not limbed as required.

Section ninety-eight dealing with the setting of fires on
wasté or forest land was amended by the omission of the
provision declaring such a firing a misdemeanor where the
damage done was under twenty-five dollars, and a felony
where it was over this amount; by the limitation of the

99

1. Session Laws, N. Y., 1913, ch. 723, p. 1839.

150 FOREST LAW IN AMERICA

penalty of ten dollars for each tree destroyed to trees three
inches or upwards in diameter at breast high, and by other
minor amendments.

On May 16, 1913! the town law was amended so as to
authorize town boards to borrow money to meet an exist-
ing or prospective indebtedness for the patrol of forests or
the control of fires.

In the general forestry Act of May 9, 1916? the New York
law regarding the prevention and control of forest fires was
again revised and reenacted. The new law provided that in fire
towns, which were comprised within the forest preserve areas
and were specifically named in the act, the forest commission
must maintain a force of forest rangers, observersand fire ward-
ens, and the equipment necessary to prevent and extinguish
forest fires. These towns were to be grouped into fire dis-
tricts each in charge of one of the fire district forest rangers.
The Commission was authorized to establish a district for-
est fire protective system in such other parts of the State
as it should deem necessary wherever there was a contiguous
forest area of seventy-five thousand acres or upward. Upon
failure of the town supervisor to certify a list of wardens
before February 15 of any year the Commission was au-
thorized to appoint the necessary wardens. In all towns
other than the fire towns the town supervisor was charged
with the duty of preventing and extinguishing fires and
was required to report in writing on or before February 15
of each year the names of the fire wardens appointed by
him for that year. Every State official having a duty to
fight forest fires might temporarily employ men at fifteen
cents per hour and foremen at twenty-five cents per hour
for fire fighting and might summon any male person of
eighteen years or over to assist in fire control.

Section 53 contained the existing provision of law au-
thorizing a loan of one hundred thousand dollars in, any
year at the discretion of the Governor to enable the Com-
mission to control forest fires; required the payment of all
salaries and expenses for fire fighting in the fire towns by
the State, but provided for a rebate to the State by the

1. Session Laws, N. Y., of 1913, ch. 571, p. 1551.
2. Session Laws, N. Y., 1916, ch. 451, p. 1189.

FIRE LEGISLATION BETWEEN 1900 AND 1916 5A

respective fire towns of one-half of the expense, other than
for the salaries and expenses of regular employees incurred
within each town for fire protection; authorized the pay-
ment of expenses incurred by anyone in fire fighting; pro-
vided for the recovery in a civil action against the person
at fault, of the expenses incurred in fighting fire, unlawfully
caused; and authorized towns other than fire towns to raise
funds for the control of forest fires.

Section 54 authorized the governor, during dangerous
fire seasons, to proclaim the pursuits of hunters, fishermen,
trappers and campers, contrary to the public interest and,
therefore, unlawful within such portions of the fire towns as
he should designate, and reenacted in modified form the
existing requirements as to the lopping of the branches from
evergreen trees within the fire towns. The provision of
sections 97 to 100 of chapter 444 of 1912 were greatly sim-
plified and incorporated in Section 54. This section also
forbade the sending up of unpiloted hot air balloons or the
depositing of inflammable material within a highway within
the fire towns, and authorized the Commission to require
the removal of inflammable material within twenty-five
feet of the right of way of a railroad or within twenty feet
of a public highway within the fire towns.

Section 55 stated in much simplified form the essential
features of the existing law as to the precautions to be taken
and liabilities to be incurred by railroad companies operat-
ing through forest land.

The five day notice from the conservation commission for
the enforced removal of a defective engine contained in
Section 105 of chapter 444 of 1912 was reduced to forty-
eight hours in paragraph 22 of section 50 of ch. 451 of 1916.

Paragraph 6 of section 54 took the place of section 106
of ch. 444 of 1912 as to the screening of portable steam en-
gines and boilers in forest land.

Section 56 declared that one burning timber owned by
the state should be liable for treble value in addition to a
penalty of ten dollars for each tree killed; that one burning
private or municipal lands should be liable for actual value
for negligent burning and for one dollar per tree in case of
willful burning. The previous rule that the fact that a fire

152 FOREST LAW IN AMERICA

had crossed intervening lands, would not bar recovery,
and the presumption of negligence as the cause of a fire
starting on a railroad right of way, and that a fire was set
by the owner if originating on land as to which a permit
for burning was required, were retained.

Section 54 made the violation of any provision of the
article a misdemeanor punishable by a fine of not less than
ten nor more than one hundred dollars, or imprisonment
for not less than ten nor more than one hundred days, im-
posed a penalty of two dollars for each tree as to which the
tops were not lopped, one of twenty-five dollars for each day
that any town failed to provide the necessary funds for
prevention and extinguishment of forest fires, one of ten
dollars per day for each mile that a railroad failed to pa-
trol or clear right of way, one hundred dollars per day for
each engine operated without proper fire protective devices,
$25.00 per day per place for each failure of railroad to ex-
amine each locomotive daily and record result, and 100
for failure to show record to inspector, and for depositing
live coals or ashes, one hundred dollars for each offense. It
was made a misdemeanor to interfere with supplies main-
tained for fire protection purposes. The willful setting of a
fire or leaving of one so as to endanger the property of an-
other was declared a felony.

North Carolina. On March 9, 1915! a comprehensive
forest fire law was enacted in North Carolina. This act
authorized the state geological board to take such action
as it might deem necessary to provide for the prevention and
control of forest fires in any and all parts of the state and
to arrange with the national forest service for the protection
of the forested watersheds of streams within the state.
The forester of this board, as ex-officio state forest warden,
might appoint one township warden and one or more dis-
trict forest wardens in each township of the state in which
the amount of forest land and the risks from forest fires
made such appointment advisable. Wardens were re-
quired to take active measures to protect the forests, and

1. Session Laws, N. C., 1915, ch. 243, p. 319. Cf. Session Laws, N. C., 1913, ch. 56,
requiring disposal of slash on watersheds of municipal corporations.

FIRE LEGISLATION BETWEEN 1900 AND 1916 153

might arrest without warrant a person found in the act of
violating the forest laws. In seasons of drought the for-
ester might establish a patrol, and wardens might require,
under penalty of a fine, the assistance of male persons be-
tween eighteen and fifty-five and the use of horses and
other property. Wardens were to receive from the state
twenty cents per hour for actual service, and reasonable
expenses, and temporary assistants might also be paid
from state funds. The existing laws of the state regarding
the setting and leaving of fires were reenacted with minor
modifications as sections eight to eleven of this act. Under
a general provision in section ten, railroads were required
to use care in burning over their rights of way.

North Dakota. A North Dakota act of Mareh11, 1909!
created the office of forest fire warden. It was made the
duty of the supervisor in each civil township in the state
having at least twenty-five per cent of its total area in wood-
land to act as forest fire warden. Annually in March the
supervisors were required to divide the township into three
fire warden districts with a warden for each. For unor-
ganized townships having at least twenty-five per cent of
woodland, the board of county commissioners were required
to appoint two or more wardens for each township and to
designate the district of each. Wardens were required to
take active steps to control fires, might summon any num-
ber of able-bodied men to assist in fire control, and were
required to investigate the causes of fires and make a com-
plaint against any person unlawfully setting fires. Wardens
were to receive three dollars, and employees two dollars
and fifty cents, per day, for actual services, payable by the
towns except where unorganized, and there by the county.

Ohio. Aside from the act of May 22, 1911 (S. L» vol.
102, p. 108) amending section 8920 of the General Code
of 1910 so as to make railroad operators lable for all fire
damage caused by the railroads irrespective of due care in
the equipping or operating of engines, no specific legislation

1. Session Laws, North Dakota, 1909, ch. 125, p. 135.

154. FOREST LAW IN AMERICA

for the prevention and control of forest fires was enacted in
Ohio during the first sixteen years of the twentieth century.!

Oklahoma. No special forest fire legislation had been
enacted in Oklahoma prior to January 1, 1917. ?

Oregon. An Oregon act filed in the office of the secre-
tary of state, February 22, 1905 *% required each county
court in the state to appoint as fire rangers the persons
named in the application of any owner or owners of prop-
erty, which rangers should be paid by such owners. These
rangers must take an oath of office and might be removed
for cause by the county court before the expiration of their
year of office.

During the closed season from June first to October first
of each year no one was to set out a fire without a written
permit issued by the county clerk. The permit must be
limited to three consecutive days, not less than ten days
from its date, and a fire must not be set if the wind was un-
favorable nor without sufficient help to control the fire.
Fire rangers might arrest without warrant violators of the
act.

During the closed season it was a misdemeanor to operate
any spark emitting engine without a spark arrester, or for
a camper, farmer or other person or corporation to set an
open fire for any purpose except as prescribed above. Heavy
penalties were imposed for the setting of a fire on another’s
land or permitting one to escape, or for the using of com-
bustible gun wads.

The Oregon act filed February 23, 19074 creating a
state board of forestry, contained very detailed provisions
regarding forest fires, and repealed chapter 227 of 1906.
The board was authorized to appoint wardens, who were
to have the powers of peace officers as to arrests. Not only
was the board required to appoint as wardens persons recom-

1. See Annot. Code 1910, Page & Adams, sec. 7496-98, 8966-8972, railroad fires;
12436, fires maliciously or negligently set. Cf. Act Mar. 17, 1906, S. L., vol. 98,
p. 54, which in general terms would authorize an investigation of the causes of
fires by the state department of forestry.

2. See General Statutes, 1908, Elder. Sec. 1406 and 1407, misdemeanor to wilfully
or negligently fire woods or prairies; Comp. L. 1909, Snyder, p. 184, sec. 59 and
66. Rev. Laws, 1910, sec. 2769.

3. Session Laws of Oregon, 1905, ch. 227, p. 397.

4. Session Laws, Oregon, 1907, ch. 131, p. 241.

FIRE LEGISLATION BETWEEN 1900 AND 1916 155

mended by private parties or counties who should pay
their salaries, but they might appoint others when they
deemed such appointments necessary, including resident
officers of the national forest service. State and county
officials whose duties made their services as wardens par-
ticularly desirable were required to accept appointment as
wardens when requested.

The act made it unlawful to fire timber slashings between
June first and October first of each year without a permit
from the state warden. Although the burning of small
quantities of slashing under adequate precaution was ex-
cepted, the escape of fire was to be prima facie evidence of a
violation of the act which carried a maximum fine of five
hundred dollars or imprisonment for three months. Heavy
penalties were prescribed for the firing of the woods of
another, or for willfully or negligently permitting fire to
escape. The building of camp fires in dangerous places
or the leaving of them burning, the using of combustible
gun wads, the operation of an engine without proper spark
arresters, or the operation of a locomotive over a right of
way that had not been cleared of combustible material,
was forbidden under severe penalties. Clatsop and Tilla-
mook counties were excepted from the requirement that
slashings be burned annually under permit.

By an act filed February 24, 1911! the duties prescribed
in the act of 1907 for the forest, fish and game warden were
imposed upon the state forester authorized by the later
act, and the appointment of local wardens was also vested
in the forester. The powers and duties of wardens specified
in the act of 1907 were enlarged. Local wardens were
authorized, under the direction of the state forester, to
issue and revoke permits for the setting of fires, and the
state forester was authorized to require the owners to prop-
erly safeguard dangerous slashings which were declared
public nuisances. The requirements of the act of 1907 as
to the building and leaving of camp fires, the operation of
locomotives and other engines ? and the burning of slash-

1. Session Laws, Oregon, 1911, ch. 278, p. 475. See Am’d S. L. 1915, ch. 69, regard-
ing destruction of fire notices.

2. See Act February 23, 1909, ch. 150, requiring railroad operators of lines east of
the Cascade Mountains to mow right of way yearly.

156 FOREST LAW IN AMERICA

ings, were modified in several particulars. In times of es-
pecial danger the governor might prohibit absolutely the
use of fire as mentioned in the act, and suspend the open
season for hunting during a designated period. Offenders
against the provisions of the act were made liable not only
for double damages, but also for expenses incurred in con-
trol of fire caused, and a district attorney failing in his
duty under the act might be fined one thousand dollars.

An act filed February 21, 1913! made every county
judge in Oregon ex-officio a fire warden for his county,
and authorized him to issue and revoke permits for the
burning of slashings and brush lands between June first
and October first. A permittee must give a twenty-four
hour notice to neighbors of the time when he intended to
set the fire. An act filed February 26, 1913? required every
owner of timber land in the state to provide during the fire
season a patrol satisfactory to the state board of forestry.
Upon neglect of an owner to furnish such patrol the state
forester might provide a patrol at an annual cost of not
over five cents per acre, which should constitute a hen upon
the property and be collected by county officials in the
succeeding tax levy. Residence by an owner upon or within
one and one-half miles of a tract was to be considered a
sufficient patrol. Timber land was defined as land having
upon it sufficient timber to constitute a fire menace, and
an “‘adequate control’ was defined as one equal to that
maintained by one-half of the timber owners patroling
similar lands in the same locality.

Pennsylvania. A Pennsylvania act of May 2, 1901 °
provided for the enforcement of the act of July 15, 1897,
whenever the county authorities failed to appoint efficient
persons to detect and punish those responsible for forest
fires.

An act of March 31, 19054 amended the act of March
30, 1897, so as to require constables acting as fire wardens

. Session Laws, Oregon, 1913, ch. 90. :

. Session Laws, Oregon, 1913, ch. 247. See S. J. R. No. 26, S. L. 1915, p. 613 re this
law.

. Session Laws, Penn., 1901, No. 86, p. 119. é

. Session Laws, Penn., 1905, No. 65, p. 89. This act was repealed by an Act of April
29, 1909, S. L., p. 290.

BRO Ne

FIRE LEGISLATION BETWEEN 1900 AND 1916 Li

to resort to fires approaching the forests of their own town,
increased the pay of wardens and those assisting, increased
the penalty for a refusal to assist a constable, and increased
the limit of expenditure to be incurred in one year by a
county.

On April 25, 1907! provision was made for the payment
by the state of two-thirds of the expense incurred in the ex-
tinguishment of forest fires, and the duties of fire wardens
were more explicitly defined, all constables and employees
of the department of forestry being declared ex-officio fire
wardens. An act of June 12, 1907? contained very strict
provisions against the setting of fires in forest land in which
there were producing oil or gas wells. The act also required
the annual removal of all inflammable material for a dis-
tance of one hundred feet from each oil or gas well or rig set
for drilling purposes, or within one hundred feet of the right
of way of any railroad crossing such forest land. The act
also required that the right of way of railroads passing
through forest land on which there were producing oil and
gas wells be cleared at least once annually of all inflammable
materials, and provided a penalty for a failure to remove
materials as required, to use efficient appliances to prevent
the setting of fires or to provide sufficient trackmen for the
prompt suppression of fires which might be set by a loco-
motive.

On April 29, 1909? the act of March 31, 1905, requiring
constables to act as fire wardens was repealed, and on May,
13, 19094 provision was made for a force of forest fire
wardens distinct from the force of peace officers. The com-
missioner and deputy commissioner of forestry were made
solely responsible for the forest fire protection work of the
state, and were authorized to appoint a district fire warden
in each borough and township. Fire wardens were author-
ized to employ men to suppress forest fires and to compel
assistance when necessary. Wardens were allowed twenty-
five cents, and others fifteen cents, per hour while engaged
in forest protection work. Employees of the department of

. Session Laws, Penn., 1907, No. 86, p. 101.
. Session Laws, Penn., 1907, No. 334, p. 527.
. Session Laws, Penn., 1909, p. 290.

. Session Laws, Penn., 1909, No. 601, p. 781.

PON

158 FOREST LAW IN AMERICA

forestry were made ex-officio wardens, but were required to
perform such service without additional compensation.
District wardens were authorized to employ assistant fire
wardens at twenty cents per hour who were to have the
powers and duties of district wardens. All expenses of
fire control were to be paid by the state, which was to eol-
lect at the end of each calendar year from each county
one-fifth of the cost of fire extinguishment in that county
for the year.

The act authorized the employment of a forest patrol
during the months of April and May and from September
fifteenth to November fifteenth each year if the commis-
sioner of forestry considered the conditions such as to make a
patrol advisable, the expense of such patrol to be borne in
the same manner as that for actual fire extinguishment.
Wardens, were empowered to arrest without warrant,
persons detected violating the law.

An act of May 5, 19111 provided penalties of not over
one thousand dollars’ fine or not over six months’ imprison-
ment, or both, for the willful, negligent or malicious firing
of state forest reserves, and repealed all inconsistent acts
or parts of acts; and an act of June 9, 1911? prescribed
the same penalties for the building of a fire in the woodlands
of another, or for negligently or willfully permitting a fire
to be communicated to such woodland.

An act of July 22, 1913% authorized the cooperation of
the state forestry force with local fire protective associa-
tions in the prevention and control of fires; and an act of
April 21, 19154 extended the powers and duties of foresters,
rangers and other forest employees.

To provide for more efficient protection of forests from
fire, a Pennsylvania act of June 3, 1915° created a bureau
of forest protection in the state department of forestry,
provided for wardens, for a penalty for failure to assist
a warden when summoned, for severe penalties for firing
the woods, and required railroad operators to adopt such

. Session Laws, Penn., 1911, p. 163.

Session Laws, Penn., 1911, p. 861.

Session Laws, Penn., 1913, No. 482, p. 906.

. Session Laws, Penn., 1915, No. 77, p. 156.

Session Laws, Penn., 1915, No. 353, p. 797. (Sec. 8, railroads). Cf. Act Mar. 6,
1915, 8S. L. p. 260 prohibiting the sale of fire balloons.

op Oo to

id

FIRE LEGISLATION BETWEEN 1900 AND 1916 159

precautionary measures as the chief fire warden and the
publie service commission should require. An act of June
4, 19151 authorized the state officials to cooperate with
counties, towns, municipalities and private parties in forest
fire protection, and one of June 15, 1915? authorized the
incorporation of non-profiting companies for the preservation
of forests.

Rhode Island. The Rhode Island act of April 6, 1906?
providing for a commissioner of forestry, required him to
obtain and publish information regarding “‘the means of
protecting the forests from fire.”’

By an act approved April 23, 1909‘ the legislature of
Rhode Island provided that no fire should be set in the
open air within that state between April first and December
first without the written permission of a town forest warden,
except that domestic, agricultural and other waste, or de-
bris from railroad rights of way, might be burned on plowed
fields, or on lands devoid of inflammable material, if not
within one hundred feet of forest land, nor within fifteen
feet of a building. Town wardens Were authorized to arrest
without warrant persons detected violating this act.

An act of May 7, 1909° required the annual appoint-
ment of a forest fire warden by each town council, and the
appointment of two or more district wardens if the town
contained over four thousand acres of woodland. The
wardens were required to take active measures to prevent
and suppress forest fires, and given authority to summon all
able-bodied men between eighteen and fifty years of age,
and to require the use of horses, wagons and other property
under penalty of a fine. A patrol by districts might be
required in time of drought. Fines and imprisonment were
to be imposed for the willful! or negligent firing of the woods.
Town wardens were allowed twenty-five cents, district
wardens twenty cents and temporary employees seventeen

. Session Laws, Penn., 1915, No. 361, p. 815.

. Session Laws, Penn., 1915, No. 427. p. 986.

. Session Laws, R. I., 1906, ch. 1332.

. Session Laws, R. I., 1909, ch. 395. This Act was amended by Laws 1910, ch. 580,
to make the closed period begin March Ist and to authorize district forest war-
dens also to issue the required permits.

. Session Laws, R. I., 1909, ch. 451. See Act Apr. 14, 1916, S. L., ch. 1396, p. 173,
increasing the annual appropriation for the purposes of the Act from $1500 to

PWR

on

160 FOREST LAW IN AMERICA

cents per hour for fire fighting, and all persons seventeen
cents per hour on patrol work; the cost of patrol and fire
fighting to be paid in equal parts by the state and the town.
No warden was to receive pay for over three hundred hours
in one year, nor employee for over one hundred, except
as a town charge under a special authorization by its coun-
cil, and the amount to be expended in any one town annually
by the state was limited to one hundred and fifty dollars.
The act specified that no action of trespass should lie
against wardens for acts done in the performance of their
duty, and they might arrest without warrant those detected
violating the law. They were required to report upon fires,
and authorized to subpoena witnesses for an investigation
as to the causes of fires. Fines were to be divided between
the complainant and the town.

The act authorized any railroad company, upon due
notice, to enter unimproved land adjoining its right of way
and, at its own expense, subject to supervision of the town
warden, clear away inflammable material for a distance of
one hundred feet each side of its track without liability for
trespass. ‘

The act of May 7, 1909, was amended on May 2, 1910!
to require the town council to notify the commissioner of
forestry as to appointment of a warden, to provide that
towns having less than four thousand acres might have two
or more districts in the discretion of the council, and to
substitute “April or May” for “March or April’ as the
time for appointment.

On March 31, 1911? the law was again amended to
provide that whenever two or more adjoining towns having
eight thousand or more acres of woodland, or forest owners
in two or more towns having four thousand or more acres,
should establish a lookout station connected with the local
telephone system for fire protection purposes, as approved by
the forest commissioner, a watchman should be appointed
for not exceeding three hundred hours annually, to be paid
in equal shares by the state and the town protected. How-
ever, only two lookouts in one county were entitled to

1. Session Laws, R. I., 1910, ch. 587.
2. Session Laws, R. I., 1911, ch. 664, p. 21.

FIRE LEGISLATION BETWEEN 1900 AND 1916 161

public money. The compensation of town and district
wardens was increased to thirty cents per hour, employees
to eighteen cents, and wardens and others on patrol to
twenty cents. Wardens were also allowed ten dollars and
district wardens five dollars annually, in lieu of incidentals.
The amount of state expense allowable in a town was in-
ereased to three hundred dollars, and a minimum of five
hours and a maximum of one hundred hours established for
employees. Three-fourths of the expense incurred by a
warden for a telephone might be paid in towns having
over one thousand acres of woodland.

South Carolina. <A South Carolina act of February 9,
19001 provided that when a forest fire occurred it should be
the duty of every member of the board of assessors of the
township in which the fire occurred to immediately call out
as many, subject to road duty, as they considered necessary,
for the purpose of extinguishing the fire. For refusal to
obey the eall, the same penalty as for refusal to work upon
the public roads might be imposed, and for all time given
in response to such a eall corresponding deduction was
authorized from the time required of such person on public
road work.

South Dakote. An act of February 23, 1911? providing
for the administration of school and other public lands of the
state of South Dakota, authorized the forest supervisor, who
might be appointed by the commissioner of school and public
lands, to employ such assistance as he should deem necessary
for the control of forest fires on or near state public lands.

Tennessee. A Tennessee act approved April 13,
1907* imposed a fine of from one hundred to two hun-
dred and fifty dollars for the willful or negligent setting or
leaving of a fire upon wooded country or forest belonging

ule Pession Laws, S. C., 1900, No. 248. See Crim. Code S. C., 1912, sec. 215-216 (pen-
alties).

2. Sess. L., S. Dak., 1911, ch. 224, sec. 78 on p. 374. See also Penal code, S. Dak.,
1903, secs. 472- 473; and the provisions for town fire guards for the prevention
of prairie fires in art. 24, ch. 13, polit. code of 1903, as amended by act Feb.
2enlOO5. Seda, Chis DIA pi Low, ‘and act March 8, 1915, S. L., ch. 193, De os:

3. Session Laws, Tenn. 1907, ch. 397, p. 1336. See Code of 1896, Shannon, secs. 3017-
3018, cf. sec. 6496, par. 1

162 FOREST LAW IN AMERICA

to the state or the United States, or for the deliberate or
careless setting or leaving of a fire upon other land which
should be communicated to such state or federal land.
Back fires set in good faith were excepted. The act also
made it a misdemeanor for any one to willfully, negligently
or earelessly set a fire, either on his own land or that of
another, which should injure or endanger the property of
another; or to leave an unextinguished fire or carry a naked
torch on or dangerously near to forest land.

It was the duty of railroads to prevent fires spreading
from their rights of way to adjacent woodlands; to prevent
the dumping of fire or live coals in the vicinity of woodlands
or other lands liable to be overrun by fires and to require
employees to report fires along the right of way or extin-
guish them. Violation by a railroad company of the pro-
visions of the act was made a misdemeanor. Those en-
gaged in the construction of railroads were made liable for
damages caused to timber and lable to a fine for failure to
extinguish fires.

Operators of logging locomotives were required to have
them equipped with suitable spark arresting devices under
penalty of conviction of a misdemeanor if damage was
suffered by any one because of their failure to use the de-
vice. ;

The firing of a charcoal pit, brush, grass, leaves, or
other material whereby the property of other persons was
endangered or destroyed without the maintenance of a
competent watchman from the setting to the extinguish-
ment of the fire was also declared a misdemeanor.

The act required that during dry and dangerous seasons,
the Department of Game, Fish and Forestry use such means
as it should deem necessary for the prevention or suppres-
sion of forest fires, and each warden was authorized to eall
to his assistance in emergencies any able-bodied male
person over eighteen years of age, to be paid at the rate of
three dollars per day. Failure of a warden to perform his
duty or of one summoned to assist at a fire were both made
misdemeanors subject to a fine of not over one hundred
dollars or imprisonment for not over three months. The
state warden and his special deputy might visit portions

FIRE LEGISLATION BETWEEN 1900 AND 1916 163

of the state where there was particular fire danger and
might receive free transportation over railroads for inspec-
tion of their rights of way. Non-residents of the state
were permitted to camp for pleasure within the state forest
reserve only on condition that they employ a state warden
who was to be held responsible as to the prevention of the
escape of camp fires.

A new act of May 17, 19151 provided for the preser-
vation, propagation and protection of game animals, wild
birds and fishes, by the establishment of a Department of
Game and Fish. The act directed the governor to appoint
a state game and fish warden for a term of two years at a
salary of twenty-five hundred dollars per annum and
authorized the employment of a clerk at twelve hundred
dollars per annum. The state warden was authorized to
appoint deputy game and fish wardens in each county who
should hold office at his pleasure. All sheriffs, deputy
sheriffs, constables, city marshals and policemen were
made ex-officio deputy game and fish wardens for their
official territory.

Section twenty-four of this act declared that whereas
the destruction of the forests was detrimental to the in-
erease of the animals, birds and fishes protected by the act,
it should be the duty of all wardens to caution sportsmen
as to the danger from fire, to extinguish fires and to give
notice of fires to all interested parties.

Since section fifty-four of this act repealed all existing
laws as to fish and game, with certain exceptions among
which the act of April 13, 1907 was not given, it is probable
that the said act of 1907 is no longer in force and that Tennes-
see had no adequate forest protection law at the close of
the year 1916.

Texas. A Texas act of 1907? providing for a game,
fish and oyster commissioner, required such commissioner
and his deputies to act as fire commissioners and to prevent
and extinguish forest, marsh and prairie fires and to report
to all interested parties when fires were beyond their con-

1 Session Laws, Tenn., ch. 152, p. 423.
2. Session Laws, Texas, 1907, p. 257, se

164 FOREST LAW IN AMERICA

trol. The protection from fire of lands held by the state for
forestry purposes, and the study of forest fire problems,
was authorized in general terms by the act of March 31,
1915 ! providing for a state forester.

Utah. Prior to January 1, 1917, no provision for the
prevention and control of forest fires has been made in Utah
other than the early acts providing penalties for the unlawful
firing of the woods. ”

Vermont. A Vermont act of December 9, 1904? mak-
ing general provision for forest administration within the
State, made the first selectman of each town forest fire
warden therein, and provided for payment for such services
at the same rate as for other town duties. Persons called
out by him were to be paid fifteen cents per hour, but no town
was to be liable in any one year for over five per cent of
the grand list. If greater expenditures were authorized
by the state forestry commissioner, the additional expense
was to be paid by the state. A penalty of ten dollars was
fixed for failure to respond to a fire call. The forestry com-
missioner might appoint a warden annually in any unor-
ganized town or gore who should have the same powers
and duties as town selectmen, but all expenses in such lo-
ealities were to be paid by the state and were not to exceed
one hundred dollars for one year in one such town or gore.

A fine of fifty dollars, or thirty days’ imprisonment, was
provided for the leaving of a fire in or adjoining woods.
Wardens were required to report all fires at the end of each
year. Anyone neglecting his duties under the act, tearing
down notices, or disobeying any provision for which no
special penalty was provided, could be fined ten dollars.

An act of December 18, 1908* declared that anyone
who should set a fire upon the land of another and thereby
cause damage might be fined from ten dollars to one hun-
dred dollars, or be imprisoned from thirty to sixty days.

. Session Laws, Texas, 1915, ch. 141, p. 220.

See Compiled Laws, 1907, sec. 4429 and 4478 (public land).

. Session Laws, Vermont, 1904, No. 16. See Act Dec. 18, 1908, S. L., ch. 11, state
forester to be fire warden. The language of section 3 regarding the powers and
duties of the first selectmen was modified in sec. 356 of the Public Stat. of 1906,
and amended in minor particulars by an Act of January 6, 1909, S. L. No. 14;
and again by Act of January 27, 1911, 8. L., No. 20.

4. Session Laws, Vt., 1903, No. 166.

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FIRE LEGISLATION BETWEEN 1900 AND 1916 165

A Vermont act approved October 21, 1908! declared
that whenever, during the open season for hunting, it should
appear to the governor that by reason of drought the use
of fire arms in the forest was liable to cause fires, he might,
by proclamation, close the season for a designated time,
during which all provisions of the regular closed season as
fixed by the legislature should be effective; and the shooting,
during the time covered by such proclamation, of any
animal or bird for the hunting of which no regular closed
season had been provided, was made punishable by a fine
of one hundred dollars and costs. It was provided that if
the period closed by proclamation included the regular
open season for deer hunting, the governor should provide
for an open season of six consecutive days at some other
time in the same year as an open season for the hunting
of deer. On October 26, 1910? there was added to section
one of the act of 1908 a provision authorizing the reopening
by the governor of the period closed by proclamation, ex-
cept that the reopening as to deer must be effected in the
manner fixed by the act of 1908. An act of January 13,
1911° made all fish and game wardens ex-officio forest
fire wardens, with all the powers and duties of the regular
fire warden.

On January 27, 191174 the compensation of selectmen and
wardens in unorganized towns for forest fire duties was
fixed at two dollars per day, and they were required to re-
port all fires fully within two weeks after discovery. This
act authorized any fire warden, with the permission of the state
forester, to establish a patrol in dangerous localities, the
expense of which was to be paid the same as that of fire
fighting. Two dollars a day was allowed a warden for the
posting of notices, and the penalty for a failure in his duty
was made twenty-five dollars. The payment by the state
of the expenses of wardens in attendance at local meetings
for the discussion of fire problems was authorized; as also
the maintenance at state expense of a watchman at two

NR

. Session Laws, Vermont, 1908, No. 13.

. Session Laws, Vermont, 1910, No. 194. (See Laws 1912, No. 201, sec. 10, authorizing
exception of shores of Lake Champlain and other localities not affected by drought.

. Session Laws, Vermont, 1910, No. 183, p. 201. Cf. Laws of 1912, No. 201, sec. 73,

em Ww

j PAL
. Session Laws, Vermont, 1910, No. 20, p. 14.

166 FOREST LAW IN AMERICA

dollars per day at lookout stations established by private
owners and connected with telephone systems. The state
forester was authorized to divide any town into districts and
appoint a warden for each. The chief of the fire department
of any city was required to perform fire warden duty with-
out additional compensation at forest fires within the city
limits.

On January 11, 1913! the forest fire law was amended
to require the board of selectmen of each town to appoint
annually a forest warden, and upon their failure to make
a selection before March first, the state forester might ap-
point a warden. Persons summoned by a warden to assist
in fire control were to receive the same pay as for highway
work, with a minimum time allowance of five hours. Ex-
penses incurred by one town in fire extinguishment in an
adjoining town were to be paid by the latter town, and if
any town failed to pay fire control expenses, the state for-
ester was authorized to pay and the amount later required
from the town by the state.

Virginia. <A Virginia act of January 18, 1904? regu-
lating the construction and operation of railroads, retained
the penalty of ten dollars for each day that a railroad com-
pany should operate within the state a locomotive not
having an approved spark arrester that had been prescribed
in an act of 1884 and required railroad companies to
keep their rights of way cleared of combustible material.
This act omitted the provision in the act of 1884 releasing
the railroad company where the one injured had also been
negligent. An act effective June 26, 1908+ made railroad
companies liable for damage caused by fires set by their
equipment or employees, irrespective of whether the loco-
motive were equipped with a proper spark arresting ap-
pliance and regardless of the condition in which such ap-
pliance should be; and another act ° effective the same day,
afforded every railroad an insurable interest in any property

. Session Laws, Vermont, 1912, No. 27, p. 25

1 25.

2. Session Laws, Virginia, 1902-03-04, p. 985, sec. 18 (spark arrester) sec. 55, (clear
right of way); sec. 70 (general penalty.)

3. Act March 18, 1884, S. L., ch. 524, p. 706.

4. Act approved March 13, 1908, S. L., ch. 269, p. 388.

5. Act approved March 14, 1908, S. L., ch. 392, p. 679.

FIRE LEGISLATION BETWEEN 1900 AND 1916 167

‘ along its line for the injury of which by fire it might be held
liable.

On June 26, 1908! a new act regarding the unlawful and
malicious firing of the lands of another became effective
in Virginia, with a maximum penalty of five hundred dollars
and three years in the penitentiary.

The general forestry act of March 21, 1914? authorized
the governor to commission, from time to time, the persons
whom the state geological commission should designate as
forest wardens to aid in the administration of the act.
These wardens were to possess and exercise the authority
and power of constables as to arresting and prosecuting
persons violating the state forest, fish and game laws. The
board of supervisors of each county were authorized to
levy and appropriate money for purposes of forest protec-
tion, improvement, and management, and to recover in an
action at law from any individual or corporation on whose
account they should expend money for fire fighting.

The act of March 21, 1914, also made it a misdemeanor,
punishable by a fine of from ten to one hundred dollars,
for anyone to operate a locomotive, or other engine or boiler,
not burning oil, in or near forest or brush, without proper
appliances to prevent the escape of fire from the smoke
stack, firebox or ashpan, and made land owners liable for
all damages to others and for the cost of extinguishing fires
set upon their own lands, unless all possible care had been
taken, before the setting of the fire, to prevent its spreading.
Individuals and corporations were made liable to the state
and county for all damages and for the cost of fighting fires
unlawfully set.

Washington. The Washington act of March 16,
1903*% making the state land commissioner ex-officio state
fire warden, and the commissioners of counties deputy
fire wardens, also made all state land cruisers forest patrolmen
at large. At the discretion of the state warden timber
cruisers and others in the employ of private parties might

1. Session Laws, Virginia, 1908, ch. 40, p. 42; cf. Laws 1877-8, p. 288.

2. Session Laws, Virginia, 1914, ch. 195, p. 305. See Act Mar. 20, 1916 in Code 1916,
Pollard, p. 952, authorizing a fine or imprisonment in addition to liability for
damages and cost of control of fires set in the woods.

3. Session Laws, Wash., 1903, ch. 114, p. 205.

168 FOREST LAW IN AMERICA

be made special forest patrolmen at large without compen-
sation. Cruisers and others might be made patrolmen or
deputy wardens by county commissioners. All patrolmen,
wardens and deputy wardens were authorized to arrest
without warrant persons detected violating the forest law.

It was made the duty of the boards of deputy wardens
in timber counties to establish each year a closed season
during which no slashing should be burned without a per-
mit from the board and due notice to neighbors. Men might
be detailed to assist in the control of fires set for the burn-
ing of slashing. Deputy wardens were required to patrol
districts, post warnings and enforce the law. Penalties were
imposed for the malicious or careless setting of a fire and
for a refusal by a resident to assist in forest fire control when
summoned. The setting of fires by the leaving of camp
fires, by the dropping of matches or cigars, or by the use of
firearms, might also be punished. A penalty of ten to fifty
dollars might be imposed for each day that a spark emitting
locomotive or other engine or boiler was operated without
an arrester, during June to October, inclusive, or in or near
a slashing or brushland during a closed season. The ex-
pense of forest patrol and fire-fighting was to be borne by
counties, and all fines collected under the provisions of the
act were to be placed in the treasury of the county in
which collected.

The act of Mareh 11, 1905! creating a board of forest
commissioners in Washington, and providing for the appoint-
ment of a forester who should have charge of all fire protection
work in the state, contained exceptionally detailed regula-
tions as to fire patrol and control. The commissioners were
authorized to appoint a deputy warden for all or any portion
of the period from June first to October first of each year
within any county of the state having timber requiring
protection. Such wardens were to receive four dollars a
day and certain expenses, payable two-thirds by the state
and one-third by the county. Special expenses for assis-
tance were to be paid by the state and county in the same
proportion. The detailing of deputy wardens to work in
other counties by the forester was authorized, and the

1. Session Laws, Wash., 1905, ch. 164.

FIRE LEGISLATION BETWEEN 1900 AND 1916 169

penalty provision for refusing to obey a summons, by
a warden was retained. State land cruisers were made
forest rangers, and persons employed by private parties
might be appointed rangers by the state forester, but
without compensation. All such officials were vested with
police powers.

Between June first and October first no slashing, wood-
land or brushland could be legally burned in a county where
there was a deputy fire warden without a permit from such
county warden under regulations prescribed by the forest
commissioners. Provision was made for the employment
by a deputy warden of men to assist at the burning of slash-
ings or in the suppression of fires, at twenty-five cents per
hour of actual service. The fine of from ten dollars to five
hundred dollars for the setting or leaving of a fire that caused
damage to another, and the penalty of a fine of from twenty
to one thousand dollars, and imprisonment of from one
month to one year prescribed in the act of 1903, were re-
tained, as also the penalty of a fine of from ten to one
hundred dollars and two months’ imprisonment for the
starting of a fire in any negligent manner. The provisions
of the previous act as to the use of spark emitting engines
during June to October, inclusive, or in or near forest land
during a closed season without an arrester were reenacted.
A new section was added declaring that any prosecuting
attorney or other magistrate who should fail to act with
diligence and energy in any ease of violation of the forest
law properly brought to his attention, should be guilty of a
misdemeanor, and subject to a maximum penalty of five
hundred dollars and one year’s imprisonment. The burn-
ing of small quantities of material under proper precautions
was excepted from the provisions of the act.

In a general criminal act of March 22, 19091 the firing
of wood or brush between June first and October first in
a county having a warden, without a permit, or a failure to
observe the prescribed precautions as to such a fire, was de-
clared a misdemeanor. The willful or negligent setting of a
fire or a failure to extinguish one, either upon one’s own

1. Session Laws, Wash., 1909, ch. 24), sec. 270, 271 and 272. Same in Codes & St.,
1915, Rem., secs. 2522 to 2524.

170 FOREST LAW IN AMERICA

land or that of another, whereby the property of another
was endangered, and failure to respond to a lawful summons
to aid in fire control, were declared misdemeanors.
The operation of an engine without an efficient spark arrester
near brush or other inflammable material was made amis-
demeanor.

The Washington law regarding the prevention and con-
trol of forest fires was revised and amended materially in an
act of March 18, 1911. } The forester was authorized,
with the approval of the state board of forest commissioners,
to appoint wardens in any county for all or any portion of
the period during which he deemed fire danger to exist.
Subject to the approval of the said board, the forester might
employ special wardens for the purpose of examining de-
forested lands of the state, with a view to ascertaining
whether they were better fitted for agriculture or for the
erowing of timber. These wardens were required to assist
in the burning of inflammable material thus discovered,
with a view to protecting the forest resources of the state.
The forester might temporarily discharge inefficient wardens
and rangers and employ others temporarily in their places.
The compensation, jurisdiction, and manner of payment of
wardens remained as in the act of 1905. Wardens were
required to perform such services and to submit such re-
ports as the forester should direct. They must patrol dis-
tricts, inspect locomotives, extinguish fires, and enforce
all laws against trespass and the setting of fires. State
land cruisers, game wardens, and federal forest service offi-
cials and other’ citizens commissioned as_ rangers
by the state forester were to receive no compen-
sation except twenty-five cents per hour for actual
fire suppression upon accounts approved by the state
forester.

The closed season during which no slashing was to be
burned without a permit, under penalty of a fine of from
twenty-five to five hundred dollars and imprisonment for
thirty days, was changed to comprise June to September,

1. Session Laws, Wash., 1911, ch. 125, p. 623; Same in Rem. & Bal. Code, Vol. 3
(Suppl. 19138), secs. 5277-1 to 5277-21. See State v. Hendricks, 68 Wash 670,
123 Pac. 1077 holding that under section 8 of ch. 125 one may be convicted for
burning logs and stumps in own yard without a permit.

FIRE LEGISLATION BETWEEN 1900 AND 1916 We

inclusive, and any assistant of the forester, warden or ranger
might refuse, revoke or postpone the use of permits when con-
sidered necessary. Dry snags, stubs and trees over twenty-
five feet high must be cut down, and other precautions
taken before slashings were burned, and a warden might
furnish a special employee to assist at such burnings. The
employment of men for fire control, and the furnishing of
tools, supplies and transportation for those employed, was
authorized. The compensation of special employees was
fixed at twenty-five cents per hour, and a fine of from ten
to one hundred dollars might be imposed for a refusal to
assist. All inadequately protected forests, or deforested
land covered with inflammable material, which because of
location near forest land, or lack of protection, constituted
a source of danger to life or property, was declared a public
nuisance, and the forester, upon learning of such a situa-
tion, was required to request the owner or the one in con-
trol to remedy the condition. Slashing caused by the
building of a road or railroad must be properly disposed of,
and the felling of trees into green timber owned by another,
without permission, was forbidden. In times of unusual
danger the governor was authorized to suspend all permits
and suspend the open season for hunting. Severe penalties
for the willful or negligent setting of fires were prescribed,
and a maximum fine of five hundred dollarsand imprisonmen t
for thirty days might be imposed for the burning of wood
waste at a manufacturing or power plant within one-quarter
of a mile of forest land without such devices as should be
necessary to prevent the escape of fire.

The operation of any spark-emitting engine or boiler in
forest land or within one-quarter of a mile of any forest
material during the closed season, without suitable safety
appliances upon the stack and fire boxes, was made unlawful,
with the same penalties as in the act 1903. A fine of from
twenty-five to one hundred dollars might be imposed for
the depositing of fire or live coals outside of yard limits and
within one-quarter of a mile of any forest material. Ward-
ens and rangers were required to report violations of the
law as to fire prevention appliances to the forester and to
the district attorney. Every one operating, during the

V2 FOREST LAW IN AMERICA

closed season, a stationary or portable engine for logging
or clearing land was required to maintain a watchman on
duty for at least two hours following every time that
operations ceased, and to cut down all snags, stubs and dead
trees over twenty-five feet in height within a radius of fifty
feet of each setting. Kvery one operating a logging locomo-
tive not burning oil, during the closed season, must main-
tain a patrol following all movements of the engine after the
elapse of approximately thirty minutes. <A fine of one
hundred dollars, or imprisonment for thirty days might
be imposed for a violation of the provisions as to clearing
land and operating logging locomotives or stationary
engines.

West Virginia. An act for the protection of forests,
fish and game enacted in West Virginia, March 1, 1909 }
declared it a misdemeanor to build a fire upon the land of
another in connection with hunting or fishing without the
written permission of the owner of the land, and author-
ized the owner or lessee of the land to arrest offenders. It
made all deputy game wardens ex-officio forest fire wardens,
and required them to take active measures to suppress all
fires of which they should learn. They were authorized to
destroy fences, plough land, set back fires, hire assistants,
and summon residents to assist them under penalty of a
ten-dollar fine for refusal. They were required to report
all fires covering over one acre, with an estimate of the loss
and the cause and means used for extinguishment. Ward-
ens were to receive two dollars per day for the time actually
given to fire fighting, and county courts were required to
fix the rate, not exceeding two dollars a day, to be paid as-
sistants. All expense for fire fighting was to be paid by the
county in which the fire occurred.

It was made a misdemeanor to leave a fire burning in a
field, road, or near forest land, with a maximum penalty
of a fine of one hundred dollars or imprisonment for ninety
days. The negligent firing of lands to the damage of another
was punishable by a fine of five hundred dollars and one

1. Session Laws, W. Va., eae ae 60, p. 470, secs. 49 to 55, incl. See Code W. Va.
1913, Hogg, sees 7351 5-35

FIRE LEGISLATION BETWEEN 1900 AND 1916 Lio

year’s imprisonment, and the willful firing of land was de-
elared a felony, with a penalty of not less than one nor more
than two years in the penitentiary.

Railroad companies operating trains through forest lands
were required to clear all inflammable material from their
rights of way twice each year, employ sufficient trackmen to
extinguish fires, provide locomotives with fire-prevention
devices, prevent their employees from depositing coals
and ashes near forest lands, and require them to extinguish
fires or report them to forest fire wardens, under penalty of
from twenty dollars to two hundred dollars on a charge of
committing a misdemeanor.

The cost of extinguishing any fire was made recoverable
by the warden, in the name of the county, from the person
or corporation responsible for it and such recovery was not
to act as a bar to the recovery of civil damages by anyone
injured.

On March 4, 1915! the act of 1909 was amended to
authorize the state forest, fish and game warden to appoint
special fire wardens for cooperating with the federal govern-
ment under the Weeks Law of March 1, 1911 (36 Stat. L.,
961), and also special county wardens. The imposition
of a fine of from ten dollars to fifty dollars, or sixty days’ im-
prisonment, and imprisonment from twenty to sixty days for
failure to pay the fine, was provided for the refusal of a
person, physically able, to respond to a forest fire call. The
payment of not over one dollar and fifty cents per day by
a warden to assistants was authorized. An amendment
made the leaving ofa firea misdemeanor only if damage to
any property should result therefrom.

The section of the 1909 act making it a felony to will-
fully set a fire on the land of another so as to occasion dam-
age was amended to cover only cases of unlawful or malicious
firing, with a provision for double damages to the one in-
jured. An entirely new provision made it unlawful for one
to set a fire on his own lands without a previous notice to
his neighbors and the taking of all possible care and pre-
caution to prevent the spread of fire by having previously
eut, piled, or carefully cleared away inflammable material

1. Session Laws, W. Va., 1915, ch. 15, p. 162.

174 FOREST LAW IN AMERICA

around the land to be burned. 1! Setting a fire contrary to
the provisions of the act and allowing it to escape to the
damage of another was declared prima facie proof of willfulness
or neglect, and a civil action was given both for damages
and for the cost of extinguishment. Section fifty-four regard-
ing the duty of railroads as to fire prevention was per-
fected by minor amendments.

Wisconsin. On May 14, 19 ? the state fish and
game warden, all special deputy wardens, and all county
wardens, were made ex-officio fire wardens, without extra
compensation, and deputy wardens were required to report
all fires and trespasses upon public land that should come
to their attention.

The act of May 22, 1903 * providing for a board of forest
commissioners and a state superintendent of forests made
the latter ex-officio forest warden, with the duty of enfore-
ing the state law regarding the prevention and extinguish-
ment of forest and marsh fires. He was given authority
to appoint one or more fire wardens in each town of twenty-
nine counties named in the act and covering substantially
the northern half of the state, and power to appoint fire
wardens in any town in any other county upon being re-
quested to do so by the board of supervisors of such town.
Kach warden was required to take the necessary steps to
prevent the improper setting or progress of fires in his
own or adjoining towns within eighty rods of the line of
his own town when the warden of such adjoining town was
unable or unwilling to do so. <A ten-dollar fine and ten days’
imprisonment might be imposed upon any warden who
failed to perform his duty, or upon anyone who refused to
respond to a summons by a warden to render reasonable
assistance in the extinguishment of a fire. The warden and
those summoned were to receive not to exceed twenty-five
cents per hour for fire fighting, but the total of such amounts
must not exceed one hundred dollars for each thirty-six
sections in any one year in any one town. Wardens were
also to receive compensation for posting notices furnished

1. Substantially the same as in the Virginia Act of Mar. 21, 1914, S. L. ch. 195, p. 305.
2. Session Laws, Wis., 1901, ch. 408. See also laws 1909, ch. 525.
3. Session Laws, Wis., 1903, ch. 450.

FIRE LEGISLATION BETWEEN 1900 AND 1916 175

by the superintendent of forests, and must report annually,
and at other times if requested by the superintendent, all
fires occurring in their districts. All forest officers were
given the power to arrest any person reasonably suspected
of violating the forest law, and it was made the duty of the
district attorney to prosecute upon being informed of the
offense by the warden.

The new forest act of May 25, 1905,! making the state
forester state fire warden and the assistant state forester the
assistant fire warden, gave the former authority to appoint and
remove one or more town fire wardens for any organized town
or portion of a town within the state and to supervise the exe-
cution of their work. The cost of the services of wardens and
others employed in fire extinguishment, at not to exceed
twenty-five cents per hour, and in an annual amount not
exceeding one hundred dollars for each thirty-six sections, was
to be paid by the towns upon approval by the forester of the
accounts as submitted by the town warden. With the ap-
proval of the forester fifty per cent of the net collections
under a prosecution might be paid to the informer.

Wardens were given the powers of sheriffs as to arrest
without warrant for violations of the act, and the penalty
for a failure by a warden to perform his duty, or of an
able-bodied citizen to respond to a summons for fire con-
trol, was increased to not less than ten nor more than fifty
dollars, or imprisonment for not less than ten nor more
than thirty days, or by both. In addition to the annual
report, wardens were required to report each separate
fire immediately after its occurrence. A maximum penalty
of one thousand dollars and one year’s imprisonment might
be imposed for a failure of a district attorney to take proper
action on cases properly presented to him. A penalty of
from fifteen dollars to one hundred dollars, or imprisonment
from ten days to three months, or both, was prescribed for
the offense of destroying notices posted in accordance with
the act.

The operation of locomotives, boilers or engines of any
character, not burning oil, within or near forest, brush or

1. Session Laws, Wisconsin, 1905, ch. 264. See S. L., Wis., 1907, ch. 118, and 8S. L.

1911, ch. 308, adopting the numbering of sections subsequent to the statutes
of 1898 as given in Sanborn’s Supplement.

176 FOREST LAW IN AMERICA

grass land, without efficient devices on the stack and fire-
box to prevent the setting of fires was made unlawful, and
the clearing of all inflammable material from the right of
way at least once each year was required. Live coals or
ashes dumped anywhere outside of a railroad yard must
be immediately extinguished. Railroad employees must
report fires at the next telegraph station, and track employees
must be concentrated to assist in the extinguishment of
fires. Willful violation of the act might be punished by a
fine of five hundred dollars and one year’s imprisonment.
Double civil damages might also be collected, and the state
could recover expense incurred in the extinguishment of
the fire. Inspection of the right of way by the state forester
was required.

By an act effective May 13, 19091 the Wisconsin law re-
garding the prevention of the setting of fires by railway
locomotives, donkey, threshing and other engines was
amended in several particulars. This law required that
during dangerously dry seasons, and when directed by the
state board of forestry, railway corporations must pro-
vide for a patrol along each section of their tracks at least
once each day, with a report to the section foreman of all
fires discovered. The state board of forestry was also au-
thorized to inspect any locomotives, donkey or other engines,
operated in or near forest, brush, or grass land, and to
enter upon any property for such inspection.

The Wisconsin law regarding precautions against the
setting of fires by railroads as amended by an act of June
30, 19112 limited the time within which it should be un-
lawful to operate a logging locomotive, donkey, traction,
portable or other engine, except a railway locomotive,
without screens and firebox protection, to the period from
March first to December first, and defined a logging loco-
motive as one used on a branch, line or division, the main
business of which was the transportation of forest products.
Railway locomotives were required to maintain in good re-
pair and use screens and firebox appliances only from March
first to December first, but were required to designate an

1. Session Laws, Wisconsin, 1909, ch. 119.
2. Session Laws, Wisconsin, 1911, ch. 494. See S. L., Wis., 1911, ch. 664; secs. 100 and
107 of which corrected errors in language of ch. 494.

FIRE LEGISLATION BETWEEN 1900 AND 1916 AWG

employee at each division point who, during the said period,
should examine each locomotive each time it left a round-
house, and both this employee and the company were held
responsible for compliance with the law. Locomotive in-
spectors to be designated by the state board of forestry were
given the power to reject from service immediately any
locomotive, donkey, traction or portable engine which they
deemed deficient in design, construction or maintenance as
to protective devices. The owner of any engine thus re-
jected might appeal to the state railroad commission, but
pending the decision of the commission the engine must not
be returned to service. Should a railroad company fail,
after due notice from the state board of forestry, to main- |
tain a patrol in a dangerous season, such patrol might be
established by the board and the expense thereof recovered
in a civil action and the company held guilty of a misde-
meanor, and it was declared a misdemeanor for a company
to fail to maintain an efficient patrol and extinguish fires
independently of instructions from the board of forestry.
The state board of forestry was authorized to exempt oper-
ators of engines from the specified precautions when they
considered the devices unnecessary.

Another act of 19111 made every corporation owning
or operating a railroad within the state liable for all damages
sustained by any person or corporation in the destruc-
tion of property by fire, communicated directly or indi-
rectly by their locomotives, or by fires set by employees in
the burning of grass, weeds or rubbish along the right of
way, and gave such corporations an insurable interest in
property for the destruction of which it was thus held liable.
The one suffering loss need prove only the loss or injury
and that the fire originated in the manner stated. If the
corporation failed to pay the damage within sixty days after
the service of a written notice of the loss, with an aecompany-
ing affidavit, upon any officer or station agent or ticket
agent of the company in the county where the loss occurred,
the owner might recover double damages in a court of com-

1. Session Laws, Wis., 1911, ch. 245. Cf. Laws 1893, ch. 202, requiring notice of fire
loss from railroad to be filed within one year from the time of fire, and Laws of
1899, ch. 307, providing that the beginning of an action, or service of a complaint,
made the required notice unnecessary.

178 FOREST LAW IN AMERICA

petent jurisdiction; provided that if within the sixty days the
company should offer in writing to pay a fixed sum equal
to the full amount of the damages sustained and the owner
refuse it, in a subsequent action in which the owner recov-
ered less than the amount offered, he could recover only his
damages and the railroad company its costs.

By an act approved July 7, 19111 Wisconsin took away
from the state forester the authority to appoint forest fire
wardens for towns, and made the chairman of the town
board of each town its fire warden, and the superintendents
of the highways for the different road districts the assistant
town fire wardens. The state forester, as state fire warden,
was to have supervision of the town wardens, and was
authorized to mass the fire warden force in case of emer-
gencies, and upon the recommendation of a town chairman
might appoint temporary fire wardens. Wardens retained
the power of arrest for offenses. and of summoning assist-
ance, but those summoned were to receive only twenty
cents per hour, upon itemized accounts audited by the
town board. The expense of preventing or extinguishing
fires was to be borne by the road district or districts within
which the expense was incurred. Any emergency expenses
incurred by direction of the state forester in the employ-
ment of wardens at two dollars per day, or assistants at
twenty cents per hour, were to be paid in equal parts by the
state and county, under an audit.by the county clerk and
secretary of state, but no county was authorized to expend
over five thousand dollars in any one year for emergency work
Each assistant warden was required to make prompt re-
ports upon all fires to the town warden, who must make an
annual report to the state fire warden.

Wyoming. A Wyoming act of February 13, 1907 ”
provided that any person who, having lighted a fire for any
purpose in the woods or on a prairie within the state, should
leave the vicinity of the fire without extinguishing it, should
be fined not less than ten nor more than one hundred dol-
lars, or be imprisoned from ten to thirty days, or be both
fined and imprisoned.

1 eae aienatine Inve andl bob Mice Mae DOIaGIe, So aren rks anpienn wlediiar

fire protection.
2. Sossioa Laws, Wyoming, 1907, ch. 22.

CHAPTER V

State and Federal Legislative Encouragement to
the Preservation or Extension of Private and
Municipal Forests Prior to January First
Nineteen Hundred Seventeen

INTRODUCTION.

_ The first encouragement to the planting of trees in America
appears to have been an act of the Colonial Assembly of
Virginia, which ended its session on March 5, 1624. ! This
act directed the planting of mulberry trees by every free-
holder in the colony, and was intended as an encouragement
to the silk industry. <A Virginia act of December 8, 1656
provided a penalty for the failure of any land holder to
plant a certain number of mulberry trees in proportion to
the number of acres held;? but an act of March 7, 1659,
recited that the acts of 1624 and 1656 had failed in their
purpose and repealed them.’ In a letter of June 22, 1700,‘
to the Lords of Trade in England, the Harl of Bellomont,
Governor General of the Provinces of Massachusetts,
New Hampshire and New York, urged ‘legislation which
would require the planting of four or five young trees in
place of each tree that was cut for a mast. However, no
legislation of this character appears to have been enacted
either by the British Parliament or by the provincial
legislatures.

In a shade tree act of March 8, 1802,° the legislature
of the State of New York provided that along the border

1. Laws of Virginia, Hening, Vol. 1, p. 126.

2. Ibid. p. 420.

3. Ibid, p. 481: Cf. Calif. Acts, Sess. Laws 1866, p. 660; S. L. 1868, p. 699; Interpreted
in Att’y. Gen'l. v. Judges, 38 Calif. 291

4. Colonial History of New York, Vol. 4. p. "675.

5. Laws of N. Y., Weve ten © Skinner, eee 1804, Vol. 3, 143. See Rev. Laws,
1813; cf. Act April 7, 1863, S. L., 51; Act May 23) is74, Edmond’s Laws of N.
Y., Vol. 9, p. 969; Act Tee 20; B75. S. L., 191; Act May 11, 1881, S. L., p. ane
Act May 25, 1881, S. L. 69. See Consolidated Laws, 1909, Bird. Cum.

Gil. p. 2203 and 2205, secs. “ap 63, and 6

179

180 FOREST LAW IN AMERICA

of any highway, not less than three rods wide, the private
owner of the adjoining land might plant a row of trees,
provided they were placed at least six feet apart in the row.
This law gave an action in trespass against anyone who
should injure or destroy trees so planted. Similar laws were
subsequently enacted in many states.!

The response to such laws was not as general as the
legislators had expected, and subsequent to 1860 a num-
ber of states enacted laws which afforded a rebate in high-
way taxes as a bounty for the planting of trees along high-
ways.’

In several states laws were early enacted giving cities
or other municipalities the control of shade trees within
their limits or making the planting of shade trees along
the streets by abutting owners compulsory.’

1. Act April 12, 1827, Laws Terr. Mich. Detroit, 1827, p. 397, sec. 28: See Mich.,
Act April17, 1833; Laws Mich. Terr. (1871) Vol. 3, p. 1057, sec. 28. Rev. St.
1846. Ch. 28, p. 140; Comp. L. 1857, ch: 25, p. 373.

Ohio Act March 5, 1835; Laws 1834-5, p. 23.

Mass. S. L. 1856 ch. 256, S. L. 1857, ch. 115. Gen. Stat. Boston, 1860, p. 251,
ch. 46, sec. 6-9.

Vermont Act November 12, 1858, S. L.. p. 14 (Gen. St. Vt.. 1862 p. 674, sec. 45-47.)

Minn. Act Mar. 7, 1867, ch. 32, p. 60. Cf. p. 63 (fence to protect hedge).

Illinois. Rev. Stat., 1874, p. 922, from Act Feb. 9, 1874.

Calif. Act Mar. 30, 1868; Code Act Mar. 12, 1872; Act Mar. 18, 1905; ch. 118,

p. 114.

Conn. Gen. Stat., 1875, p. 233.

Dak. Rev. Code, 1877, ch. 29, sec. 46, p. 131; cf. p. 148 (Hedge).

Ida. Act Feb. 20, 1880, sec. 8; Act Mar. 11. 1886, S. L. 30.

Utah Act Feb. 20, 1880, ch. 29, sec. 8, p. 51. Comp. L. 1907, sec. 1126, 1142,
1144.

Virginia Laws Va., 1883-4, p. 660.

Wis. Rev. St., 1849, p. 183, ch. 106; {Laws 1869, ch. 152, sec. 127 (Hedges)
132 (shade trees).

2. Kan Act Feb. 20, 1867, S. L., p. 99; Act Mar. 2, 1871, S. L. p. 211, (Hedges):

Jefferson Co. v. Hudson, 20 Kan. 71; Marion Co. v. Hoch, 24,
Kan. 778 (1881).

Mich. Act March 27, 1867, S. L. 188 (See Comp. L. 1897, sec. 4164).

Wis. Act Mar. 4, 1868. S. L., ch. 87 p. 86, Act Mar. 20, 1907, S. L. ch. 18.
Calif. Act Mar. 30, 1868, 8S. L. p. 670: S. L. 1911, ch. 746; S. L. 1913, ch. 329.
Iowa Acts Apr. 6, 1868, sec. 6; Feb. 21, 1872, ch. 3, p. 4. and March 15, 1878.
INGOexe Act April 26, 1869, S. I.., ch. 322, p. 701; May 3, 1870, S. L., ch. 595,

p. 1363; May 10, 1883, S. L. ch. 371, p. 554; highway law, 1892, ch.
568, p. 2193.

Minn. Laws 1871, ch. 30; 1873, ch. 19: Smith v. Nobles Co., 37 Minn. 535.

Ml. Rey. St., 1874, p. 1072, sec. 40. par. 6.

Penna. Act May 2, 1879,S. L. 44, p. 47; New Act July 2, 1901, S. L. 610, No. 306.
See Op. Dep. Atty. Gen. 30 Pa. Co. Ct. 590 (Mandamus to compel sup-
ervisors to allow).

Colo. Act Feb. 12, 1881, 8S. L., p. 250; Inst. for Ed. Mute and Blind v. Hen-
derson, 18, Colo. 98, (unconstitutiona! on technicality).

Conn. Act Apr. 12, 1881, S. L., ch. 102: Feb. 25, 1885 S. L. ch. 2: See Act Apr.
a 1886, S. L., ch. 118, (injury to bounty trees ); Act June 23, 1909,
ch. 86.

Vt. Act Nov. 19, 1884, No. 20; cf. No. 22: 1888 No. 154, 1890 No. 71.

Utah Act Apr. 14, 1896, p. 536; sec. 41, county boards might pay bounty;

_ same in Comp. L. 1907, sec. 511, par. 17; Act March 20, 1911, ch. 119.°
See provisions of this character in a number of the bounty and tax ex-
emption acts given in the next division of this chapter.

3. Ida Session Laws, 1893, ch. 97, sec. 46; see Pol. Code, 1908, Vol. 1.,
Sec. 2228, cf. sec. 2238.
Kan. Act Apr. 3, 1871, S. L. ch. 60; Act Mar. 13, 1872, S. L. ch. 100; Act Mar.
Ss USTs sen Chew 65:
Ky. Act July 1, 1893, S. L. ch. 89; See Ky. Stat. 1909, secs. 2848, 2851 and
2858.
Me. Rev. Stat. 1871, p. 84, sec. 40.

(Footnote 3 continued on next page)

HIGHWAY PLANTING 181

In recent years laws for the encouragement of the plant-

ing of trees in streets and highways and for the protection
of such trees have been enacted in many states and in several

provision has been made for the appointment of foresters,

commissioners or other officials charged with the duty of

planting and protecting shade and ornamental trees.!

Mass.

Mich.

Minn.

Neb.

ING Ee

Ore.
Utah

Vt.

Va.

Wis.
PPATiz«

Cal.

Conn.

Del.
Fla.
Ida.
Til.
Kan.
Ky.
Me.

Mass.

(Footnote 3 concluded from preceding page)

Session Laws, 1857, ch. 115; same in Gen. Stat. 1860, ch. 46, sec. 9.

S. L. 1869, ch. 381; Act. Apr. 3, 1885, S. L. ch. 123, p. 588; Act Apr.
13, 1885 S. L. ch. 157, p. 608.

Act May 18, 1807, given in Laws Mich. Terr. (1871), Vol. 1., p. 142,
Vol. 3, p. 286.

Act Mar. 5, 1877, Gen. Laws, 1877, p. 229. _ .

Act Mar. 1, 1871, S. L., p. 51; (See Gen. St. 1873, p. 87, sec. 52-58.).

Session Laws 1861, No. 2502; Gen. Stat. 1867, p. 92.

Session Laws 1893, p. 160; S. L. 1908, ch. 156, p. 300.

Act June 4, 1853, given in Laws Terr. Utah, Great Sa!t Lake, 1855, p.
251, ch. 59, sec. 3; Act Mar. 20, 1911, ch. 120, sec. 206, par: 9; Act
Mar. 20, 1911, ch. 123, sec. 302, par. 5.

Session Laws, 1884, No. 10, No. 20: S. L. 1888, No. 154; 8. L. 1890, 71.
No. 71; Cf. Gen. St. 1870, p 948 (penalty for destruction)

Code of 1849, p. 285 ch. 54, sec. 17; S. L. 1878-79, p. 398.

Session Laws 1869, ch. 152, sec. 146; Stat. 1898, p. 600.

Rev. Stat. 1901, Par. 465, sec. 2, par. 545, sec. 9; par. 716, sec. 54.

Act Mar. 11, 1893, S. I. ch. 140; Act Mar. 13, 1909, 'S. L. ch. 217; Act
Mar. 28, 1909, S. L. ch. 729; Act May 1, 1911, ch. 746, sec. 36; Act
Apr 25, 29LS es. ie Chi ol p. 21S. oe 1Ols ichy329.

Session Laws 1901, ch. 174; Gen. Stat. 1902, secs. 4443-45; Act May 11,
1903, S. L. ch. 83; Act May 11, 1903, S. L. ch. 164; Act June 6,
1905, S- LL. ch. 114- Act July 13, 1905; chs 232) sec: 2» Act) Aug: 1;
1907, S. L. ch. 264; Act May 20, 1909, S. L. ch. 56.

Act Apr. 19, 1909, S. L. ch. 71, sec. 2 and 4; Cf. Act Mar. 26, 1909, S.
L. ch. 211 (town of Roxana).

Act Apr. 19. 1901. S. L. ch. 4958; S. L. 1901, ch. 5005; Both given in Gen.
St. 1906, secs. 863-8, 3677-8. Comp. L., 1914 same sections.

Act Mar. 13, 1911, S. L. 81.

Act May 18, 1905, S. L., p. 279; Act Dec. 21, 1911, S. L., p. 245; Act
June 27, 1913, S. L., p. 385, (see People v. Rinaker, 252, Ill. 266, hold-
ing act of 1911 unconstitutional).

Act Feb. 23, 1905, S. L. ch. 105; Act Mar. 5, 1907, S. L. ch. 115; Act
May 27, 1907, S. L. ch. 114; Act. Mar. 13, 1909, S. L. ch. 125.

See Ky. Stats. 1909, secs. 2848, 2851, 2858, 3235a par. 7 and 10; 4340,
4343.

Act Feb. 26, 1907, S. L. ch. 27.

Act Apr. 21, 1890, S. L. ch. 196, p. 179; Act Mar. 6, 1891, S. L. ch. 49,
p. 691; Resolve Apr. 30, 1891, S. L. ch. 70, p. 1082; Act Mar. 25, 1896,
S. L. ch. 190 p. 138; Act Apr. 9, 1897, S. L. ch. 254, p. 225; Act May
4, 1899, S. L. ch. 330; cf. Act Apr. 6, 1914, S. L. ch. 304, p. 269. Laws
codified and amended, Act Apr. 7, 1915, ch. 145, p. 127.

Act Feb. 19, 1895, S. L: No. 3; 8. L. 1895, No. 215; Act Mar. 31, 1897,
S. L.. p. 64, No. 54; Act Apr. 22, 1901, S. L. No. 74 (Highway Act);
June 2, 1909, S. L. No. 283, ch. XI., p. 601, see M. S.

Session Laws, 1895, ch. 59 (highway); Act Apr. 25, 1895, S. L. ch. 243;
Act Apr. 11, 1899, S. L. ch. 171 (cities); Comp. Laws, 1905, ch. 9 (vil-
lages and cities), ch. 13 (hedges); Act Avr. 19. 1905, ch. 335; Act Apr.
25, 1907, ch. 440, sec. 2; Act Apr 22, 1909 ch. 441 (city and village
park boards.)

Rey. Stat. 1909. secs. 9133-38 (cities); secs. 10516-19 (counties).

Act Mar. 7, 1901, p. 75 (See Rev. Code, 1907, sec. 3319).

Comp. Stat. 1909 (Br. & Wh.) Pars. 490-496; 1220 sec. 11; 1431, sec. 32;
1591 sec. 50: 3057-58 (cities); 5320, sec. 71; 6117 (highway).

Act Mar. 27, 1907, S. L. ch. 125.

Pub. Stat. 1891, ch. 40, sec. 4, p. 144; ch. 53, p. 174; ch. 89, p. 252; S. L.
1895, ch. 85; S. L. 1897, ch.. 44; S. L. 1901, ch. 98; S. L. 1905, ch. 119:
Act Apr. 21, 1915, ch. 138.

Act Mar. 28, 1893, ch. 285; Act Mar. 28, 1904, S. L. ch. 142; Act Apr.
6, 1905, S. L. ch. 108, Act May 2, 1906, S. L. ch. 186; Act May 17,
1906, S. L. ch. 245; Act Apr. 15, 1912, S. L. ch. 395 (highway); Act
Apr. 9, 1913, S. L. ch. 317 (highway): Act Apr. 17, 1914, S L. ch. 255;
Act Apr. 6, 1915, S. L. ch. 156 (hitching to); Act Apr. 14, 1915, ch. 325.

Act May 17, 1905, S. L. ch. 502, p. 1161 (town warden).

Annot. Code, 1910, secs. 3630 and 3812.

Act Feb. 17, 1899, S. L. 69 (city park Commissioners).

Act May 23, 1889, S. L., p. 289; Act May 17, 1901, S. L., p. 39; Act
June 17, 1901, S. L., p. 569; Act May 31, 1907, S. L., No. 251, p. 349
(shade tree commission).

(Footnote 1 continued on next vage)

182 FOREST LAW IN AMERICA

TAX EXEMPTIONS AND BOUNTIES BY STATES DI-

RECTED TO THE ESTABLISHMENT OF FOREST

AREAS IN LOCALITIES NATURALLY DEVOID OF
FORESTS

After the close of the Civil War the settlement of the
territories west of the Missouri River proceeded at a
rapid rate under the stimulus of the Homestead Act
of May 20, 1862 (12 Stat. L., 392) and its amend-
ments. The occupation of the vast treeless areas between
the Missouri River and the Rocky Mountains and of the
arid regions between these mountains and the coast ranges
developed a keen realization of the disadvantages of agri-
cultural enterprises in a country having an inadequate
supply of timber. The advisability of lending public en-
couragement to the planting of trees within the arid and semi-
arid areas evidently received its first legislative recognition
in the form of a tax exemption. The revised statutes of the
Territory of Nebraska published in 1866 provided in the
chapter regarding taxation that the cultivation of fruit,
forest or ornamental trees was not to increase the value of
the land for revenue purposes. !

Minnesota. A Minnesota act of March 7, 1867? ap-
propriated three hundred dollars annually to enable the
state agricultural society to offer premiums for the best
five acres of cultivated timber or for the best continuous
half-mile of live hedge fence. These premiums were limited
to groves or hedges artificially grown from seeds, cuttings
or layers.

(Footnote 1 concluded from preceding page)

IRs 1 Gen. Laws 1896, ch. 40; Act Nov. 22, 1901, ch. 922 (Gen. Laws 1909»
Title 23, Ch. 241); Act Apr. 23, 1907, ch. 1479.

Sa: Session Laws 1901, ch. 28 and ch. 200; S. L. 1909, ch. 272; See Comp.
Laws 1909, Pol. Code, secs. 1003, 1229, 1438, 1641, 1642.

Utah Session Laws 1907, p. 140; Same Comp. L. 1907, sec. 286, par. 3.

= Vt. Session Laws 1898, No. 156; S. L. 1904, No. 76; S. L. 1906, No. 99; Act
Jan. 14, 1909, No. 96; Act Jan. 28, 1911, No. 115, sec. 3.

Va. Act June 26, 1908, S. L., p. 623; See Pollard’s Suppl. 1910, sec. 1038.

W. Va. Sess. Laws 1909, ch. 52; See Code Suppl. 1909, sec. 1515a sub. 92-93.

Wis. Sess. L. 1903, ch. 99, sec. 55; S. L. 1901, ch. 308 (branches); Act May 1,

1911, ch. 62 (branches); Act June 16, 1911, ch. 408 (city forester) ;
Act June 27, 1911, ch. 459.
1. Rev. Stat., Neb., 1866, p. 301, ch. 54, sec. 4; See Comp. Stat. 1911, (Br. & Wh.),
par. 4934, ch. 77, sec 11; Cf. First Colo. Const. 1876, Art. 18 sec. 7.
2. Sess. Laws, Minn., 1867, ch. 32, p. 60, cf Act Mar. 7, 1867, p. 63.

9

STATE AID TO TREE PLANTING ON PLAIN AND PRAIRIE 183

Kansas. By an act of March 2, 1868! the legislature of
the state of Kansas declared that every person who should,
within ten years from the passage of the act, plant one acre
_ or more of prairie land to any kind of forest trees, except
black locust, or plant forest trees for one-half mile, or more,
along a highway and so care for them that the trees should
be not over one rod apart at the end of three years, should
be entitled to a bounty from the county treasury for twenty-
five years in the annual sum of two dollars for each acre or
one half mile of trees planted. This act was amended by an
act of March 29, 18722 to require the planting and culti-
vating of at least one hundred and sixty trees upon each acre
and to authorize the payment of a bounty to any one who
fulfilled the requirements of the act at any time. However,
the existing law was repealed by an act of March 5, 1874.

Wisconsin. A Wisconsin act of March 4, 1868‘ pro-
vided that every land owner or possessor of five acres or
more who should reserve from the natural growth, or suc-
cessfully grow by planting, on not to exceed one-fifth of the
land, belts of forest trees, should be entitled to an exemption
from taxation on the tract upon which the trees grew until
they should reach a height of twelve feet; and when the
trees should attain a height of twelve feet he was to be en-
titled to a bounty of two dollars per acre annually for the
area planted or grown as a tree belt, the bounty to be made
effective in the form of a tax rebate. These tree belts were
required to be reserved or planted on the west or south sides
ofeach tract, and to be not less than thirty feet wide, except
that belts one rod wide along the east or north sides and
adjacent to a highway were entitled to the benefits of the
act. The belts must be of uniform width and there must be
not less than eight trees to each square rod. For tracts of
ten acres the belts must be sixty feet wide and for tracts of
forty acres one hundred feet wide. The assessor was au-
thorized to allow planting on interior lines in his discretion
and he might declare the benefits of the act forfeited be-

. Gen. Stat. Kan., 1868, p. 1094, ch. 112.

. Session Laws, Kan., 1872, ch. 204, p. 402.

. Session Laws, Kan., 1874, p. 110.

. Session Laws, Wis., 1868, ch. 102; Correctional amendment in S. L. 1871, ch. 138
S. L. 1876, ch. 258.

ROHR

184 FOREST LAW IN AMERICA

eause of a failure of the owner to properly care for the
trees. The species allowed for planting were: arbor-vitae,
ash, balsam fir, basswood, beech, bireh, butternut, black
cherry, cedar, chestnut, coffee tree, cucumber tree, elm,
blackberry, hemlock, hickory, larch, locust, maple, oak,
pine, spruce, tulip tree and walnut.

Iowa. An Iowa act of April 6, 1868! provided a state
tax exemption of one hundred dollars each year for a period
of ten years for each acre planted to forest trees not over
eight feet apart and properly cultivated and fifty dollars
for a period of five years for each acre of fruit trees planted
not over thirty-three feet apart and kept in a healthy
erowing condition. Section five of this act authorized the
board of supervisors of any county to exempt property from
taxation, except for state purposes, to an amount not
exceeding five hundred dollars for each acre that should be
planted to forest trees and suitably cultivated provided
the trees were not over three years old and the minimum
number prescribed by the board were planted and main-
tained. Section six authorized a similar exemption for each
one-half mile of hedge or for each mile of shade trees planted
along a public highway and properly cultivated and cared
for.

On February 21, 18722 section six was amended to au-
thorize supervisors to allow one-half of the exemption for
a quarter of a mile of hedge or a half mile of shade trees,
to provide that no one should be allowed an exemption
exceeding one-half the value of his real estate and to for-
bid the allowance of the bounty for trees grown by nursery-
men for sale.

Dakota. An act of January 5, 1869* in the Territory
of Dakota provided that any person who should, by sow-
ing the seed or by planting, grow, cultivate, and keep in
good condition five acres of timber with trees not over eight
feet apart, should be allowed to hold exempt from taxation

Session Laws, Iowa, 1868, ch. 92, p. 126.

Session Laws, lowa, 1872, ch. 3, p. 4.

Session Laws, Dak. Terr., 1868-9, ch. 26, p. 306; Same in Code 1877, ch. 28, sec.
14, p. 100.

whe

STATE AID TO TREE PLANTING ON PLAIN AND PRAIRIE 185

with all improvements, one-fourth part of the one-fourth
section whereon the trees were cultivated, provided the
exempted property should not exceed one thousand
dollars in value. The exemptions were to continue
for a term of ten years after the planting or for such
part of ten years as the trees were kept in good growing
condition and a change of ownership of the land was not
to affect the right to an exemption.

Nebraska. A Nebraska act of February 12, 1869!
provided for a one hundred dollar tax exemption annually
for a period of five years for each acre that any land owner
should plant to forest trees. The law required that the
trees be planted not over twelve feet apart, that the total
exemption for one person owning less than one hundred and
sixty acres should not exceed five hundred dollars, and that
the five acres or less for the planting of which exemption
was claimed must be a part of the one hundred and sixty
acres as to which tax exemption was claimed. Home-
steaders on federal lands who had perfected their claims
were allowed an exemption of fifty dollars per acre; and an
exemption of fifty dollars per acre for five years was al-
lowed for the planting of fruit trees not over thirty-three
feet apart.

Missouri. A Missouri act of March 25, 18702 was sub-
stantially the same as the Kansas act of March 2, 1868,
except that it provided for the payment of bounties from
county treasuries in the sum of two dollars per acre or for
each one-fourth mile along a highway, for a period of only
fifteen years after the third year from the planting and the
trees were required to be planted not over one rod apart and
to stand not over two rods apart at the end of the third
year.

Minnesota. Under a Minnesota act of March 6, 1871?
every person planting one acre or more of prairie land,

1. Session Laws, Neb., 1869, p. 68; Same in Gen. St. 1873, p. 88, sec. 59-63; Cf. Act
Feb. 15, 1869, p. 181, sec. 4 (cultivation of trees not to increase value of land
for taxation purposes). Bounty Act repealed by session Laws, 1899, ch. 3.
See Constitutional Prov., Comp. St. 1909, Cobbey, sec. 622.

. Session Laws, Mo. 1870, p. 69) This act was amended by Act of Feb. 4, 1875, 8. L.
p. 97, as to puuchoawon and held unconstitutional in 1891 in Deal v. Mississippi

to

County, 107 Mo. 464, 18S. W.
3. Session Laws, Minn., 1871, ch. a0, p. ioe

186 FOREST LAW IN AMERICA

within five years after the passage of the act, with any kind
of forest trees, except black locust, or one-half mile along
a highway, and caring for the same so that they should stand
not over one rod apart at the end of three years, was en-
titled to receive from the county treasury annually, for a
period of ten years following the said three years, a bounty
of two dollars for each acre or half mile so planted, provided
the trees were properly cultivated and kept in a growing
condition.

A new act of February 20, 18731 contained the same pro-
visions as the act of 1871 except that it specified that, if
trees were planted on both sides of a highway, they should
not be planted within the four rods allowed for the highway
and provided that the bounty was to be paid by the state.
However, the total annual liability of the state for such
bounties was limited to twenty thousand dollars.

Nevada. An act of March 7, 18732 in Nevada afforded
an annual bounty from county treasuries for a period of
twenty years, beginning two years after the planting of
the trees. This bounty was in the sum of ten dollars for
each acre or for each one-half mile along a highway upon
which the trees stood one rod apart at the end of the third
year. The bounty was to be continued only so long as the
trees were cultivated and the planting was to be done within
five years from the passage of the act. However, the latter
limitation was extended to ten years by an act of March 5,
1877.? The bounty was not applicable to willows or
cottonwoods planted for the express purpose of protecting
ditches and canals.

Illinois. An Illinois act of February 9, 1874‘ author-
ized the board of supervisors or commissioners of any county
in the state to offer a bounty for the planting of one or more
acres to forest trees and the cultivating of the same for
three years. The trees were required to be not over ten
feet apart each way and the bounty could not exceed ten

1. Session Laws, Minn , 1873, ch. 29, p. 136; Same in Stat. at L. 1873, p. 595.
2. Comp. Laws, Nevada, 1873, Vol. 2, p. 411, ch. 145, secs. 3838-3842.

3. Session Laws, Nevada, 1877, p. 185 (same Gen. Stat. 1885, sec. 366-370.)
4. Revised Stats. Ill. 1874, ch. 136, p. 1056.

STATE AID TO TREE PLANTING ON PLAIN AND PRAIRIE 187

dollars per acre each year for three years. This act was
still in force on January 1, 1917.1!

Idaho. On January 4, 1875? the Territory of Idaho
provided a tax exemption, for a period of ten years after
the planting, of one hundred dollars fer each acre upon which
trees were planted and maintained at a distance of not over
twelve feet apart. The exemption was not applicable t
plantations of less than five acres nor to nursery trees grown
for sale purposes. To earn exemption under the act, trees
must be planted before August 1, 1885.

Washington. An act of October 27, 1877° in the
Territory of Washington required the boards of commis-
sioners in Stevens and Whitman counties, which were situ-
ated in a treeless portion of the state, to exempt annually
from taxation, except for territorial purposes, the real or
personal property, of the amount of three hundred dollars, of
any person who had within that year or the preceding one,
planted one or more acres of forest trees and kept them
cultivated and growing. The said boards were empowered
to preseribe the minimum number of trees that must be
erown upon each acre.

A subsequent Washington act provided that the value
added to land within the state through the planting of
forest trees or fruit trees, except when they were grown for
sale as nursery stock, should not be considered in an as-
sessment of the land for taxation purposes. *

Wyoming. A Wyoming act of December 14, 1877,°
allowed a tax exemption of two hundred dollars annually
for five years for every acre of forest trees planted and main-
tained not over twelve feet apart. The maximum exemp-
tion was five hundred dollars for a person owning one hun-
dred and sixty acres or less and there was no exemption al-
lowed to one having less than forty acres. Those holding

Annot. Stat. [l., 1913, ch. 136, par. 11183-11186.

. Comp. & Rev. Laws, Ida. Terr. 1875, p. 712.

. Session Laws, Wash Terr., 1877, p. 411.

. Code of Wash, 1910, Rem. & Bal. sec. 9098.
Code of Wash. 1905, Pierce, sec. 8595, par. 5.

. Session Laws, Wyo, 1877, p. 129.

POL

on

188 FOREST LAW IN AMERICA

unperfected homestead claims were allowed an exemption
of one hundred dollars per acre annually for five years. By
an act of December 9, 18791 the period of exemption was
extended to ten years and the number of acres upon which a
bounty could be claimed was increased to twenty-five acres
out of each one hundred and sixty owned.

Nebraska. A Nebraska act of February 27, 1879?
required counties to pay three dollars and thirty-three
cents annually so long as the same should be cultivated, not
exceeding five years, for not over three acres of forest trees
planted in rows along the north section lines or half section ©
lines of any tract.

Coiorado. On February 21, 1881% the state of Colo-
rado provided an exemption from taxation for a period of
ten years of all increase in value of irrigated lands because
of the planting of fruit or forest trees and afforded a bounty
of two dollars per annum for a period of six years for each
hundred trees planted sixteen feet apart along a public
highway or an irrigation ditch and kept in a growing condi-
tion. The six-year bounty period was not to begin until the
fourth year after the planting. Special provision was made
in the act for the gathering of information as to the most
successful plantations and as to the causes of such success.

Minnesota. On March 2, 18764 the legislature of
Minnesota appropriated twenty-five hundred dollars from
state funds to enable the state forestry association (an un-
official organization) to offer premiums for the planting of
forest trees in such counties as they should think advisable
with restrictions as to the amount to be offered in a single
county. This was followed by an act of March 5, 1881°
providing that every person who should thereafter plant
and cultivate one acre and not more than ten acres of prairie
land with any kind of forest trees except black locust, and
keep the same in thrifty condition for six years, or should

. Session Laws, Wyo., 1879, ch. 83, p. 148.

’ Session Laws, Neb.. 1879. p. 187: Same in Comp. L. 1893, pp. 59-60.
. Session Laws, Colo., 1881, p. 250.

. Session Laws, Minn., 1876, ch. 110, p. 120.

. Session Laws, Minn., 1881, ch. 151, p. 201.

CWE

STATE AID TO TREE PLANTING ON PLAIN AND PRAIRIE 189

plant trees along a highway, should be entitled to compen-
sation from the state at the rate of three dollars annually
for each acre and two dollars for each half mile for the said
six years. The results achieved under the bounty acts of
1871 and 1873 had evidently proven unsatisfactory for the
new act required that twenty-seven hundred trees be
planted to the acre, that at least eighteen hundred of the
trees be kept cultivated and in a growing condition during
the first and second years after the year in which the plan-
tation was made and that nine hundred growing trees be
maintained on each acre during the remaining three years of
the bounty period. Trees planted along a highway were re-
quired to be not over eight feet apart and they must be ecul-
tivated during the first and second years after the one in
which they were planted and kept in thrifty condition for the
remaining three years. The act permitted planting by sow-
ing of seed or by cuttings, but was not applicable to planta-
tions by railroads within two hundred feet of their track
nor to lands claimed under the federal tree culture acts. A
general state tax of one-tenth of one mill was provided for
the creation of a forestry fund to meet the expenses to be
incurred under the act. Very extensive expenditure has
been made under this act and it was still in effect on Janu-
ary ck O77

New Mexico. On March 1, 1882? the Territorial As-
sembly of New Mexico provided a tax exemption of one
hundred dollars annually for a period of ten years for every
acre of forest trees planted not over twelve feet apart and
properly cultivated and the same exemption for fruit trees
not over thirty-three feet apart.

Dakota Territory. An annual bounty of two dollars per
acre for a period of ten years from the territorial treasury
was granted by a Dakota act of March 13, 1885? to any
one who should plant one acre or more, within five years
after the passage of the act, to any kind of forest trees, ex-
cept black locust or cottonwood, and cultivate the same for

1. See Gen. Stat. 1913, Tiffany, secs. 5191-5195; Cf. sec. 2560 (highway).
2. Session Laws, N. M. Terr., 1882, ch. 62, sec. 4; Same, comp. L. 1884, sec. 2809.
3. Session Laws, Dak. Terr. 1885, p. 212, ch. 145.

190 FOREST LAW IN AMERICA

three years. Like the Minnesota law thisact made plant-
ings by railroads within two hundred feet of their track and
those made under the federal timber culture laws ineligible
to a bounty.

Utah Territory. By an act of March 10, 1886! the
Territory of Utah sought to encourage arboriculture by ex-
empting five hundred dollars worth of property from taxa-
tion for a period of five years for each acre planted to forest
trees for timber purposes, provided the trees were planted
not more than ten feet apart and properly cared for. A
fifty dollar exemption was allowed for each one hundred
forest trees planted along a highway, street or irrigation
stream.

Kansas. On March 2, 1889? a new law was enacted in
Kansas for the encouragement of tree planting. This act,
modeled after the Illinois act of 1874, made it lawful for the
board of supervisors of any county of the state to offer a
bounty of not over ten dollars for a period of five years,
for each acre upon which any one should plant, cultivate
and keep in good condition, during said five years, trees
spaced not more than ten feet apart each way, provided
that no bounties were to be paid upon lands entered under
the federal timber culture laws. This law was still in
effect on January 1, 1917. 3

Wyoming. A Wyoming act of March 11, 18904
authorized the board of commissioners of any county to
offer a bounty, to any one who should plant one or more
acres with forest trees and properly cultivate them for
five years, in a sum not exceeding ten dollars for five years
for each acre. The trees must be planted not over ten feet
apart each way and be kept thrifty and growing for the five
years before the bounty was to be due and the provisions
were not applicable to lands acquired under federal tim-
ber culture entries. This law was still in force on January
Tee OUT.

1. Session Laws, Utah. Terr., 1886, ch. 1, p. 1; Same, Comp. L. Utah, 1888, p. 764,
secs. 2139-2142.

2. Session Laws, Kan. 1889, ch. 254, p. 386.

3. Gen. Stat. Kan., 1909, Dassler, ch. 254, sec. 9681-9684; Gen. St. 1915, McIntosh,
secs. 11660-11663.

4. Session Laws, Wyo., 1890, ch. 42, p. 71.

5. Comp. Stat. 1910, Mullen, sec. 1327-1330.

STATE AID TO TREE PLANTING ON PLAIN AND PRAIRIE 191

South Dakota. The first legislature in the new state of
South Dakota by an act of March 6, 1890! provided that
every person planting one acre or more within ten years
after the passage of the act with forest trees, not less than
nine hundred to the acre and one hundred or more ever-
greens, and cultivating the same for three years, should be
entitled for ten years subsequent to the third year, to an
annual bounty from the state treasury of two dollars per
acre for not over six acres of forest trees and one dollar for
each one hundred evergreens to an amount not exceeding
twelve hundred dollars. Provision was also made for the
earning of the bounties by the planting of trees along the
border of forty acre tracts.

A new forest bounty act approved March 9, 1909? de-
elared that to any person who should have, after the year
1908, planted, cared for and cultivated successfully forest
trees for a period of three years and who should have other-
wise complied with the provisions of the act, there should
be paid, by the county commissioners, a bounty in the
amount of two dollars per acre per year for a period of six
years, upon not over five acres. Proof must be made by
the owner of the land that at least one thousand trees were
planted to the acre and that at least three hundred were
living at the time the bounty for any year was claimed. All
conflicting acts were repealed.

The South Dakota act of March 9, 1909 was amended
by an act of March 14, 1913% so as to make the bounty
payable to any one who had planted trees after 1910, and
properly cared for the same for one year, five dollars per
acre on not over six acres for a period of six years. This
act also reduced the number of trees per acre that must be
living when a bounty was paid to one hundred and _ fifty.
Bounties for the unexpired period of plantings made under
the act of 1909 were to be paid in accordance with the terms
of the new act.

North Dakota. In an act approved February 5, 18904
the newly admitted state of North Dakota reenacted the

. Session Laws, S. Dak., 1890, ch. 152, p. 320.

. Session Laws, S. Dak., 1909, ch. 268, p. 414.
. Session Laws, S. Dak., 1913, ch. 216, p. 299.
. Session Laws, N. Dak., 1890, ch. 70, p. 245.

HOOD

192 FOREST LAW IN AMERICA

Dakota territorial law of 1885 with the modification that
three dollars per acre was to be paid for ten years from the
state treasury provided four hundred living trees were
maintained upon each acre. <A bounty of four dollars for
each one hundred and sixty rods along a highway where the
trees were maintained three to each rod was also added.

A new act of February 28, 1905! authorized an annual
tax rebate of three dollars peracre,for not over ten acres,
if the trees were planted not over eight feet apart each way
and four hundred to the acre maintained. Provision was
also made for the planting of the trees in rows, with a bounty
of two dollars for each eighty rods for not over five years,
if there were two trees to each rod.

A new law of March 12, 1907? authorized a bounty
of three dollars for each acre from county funds, provided
not less than one nor more than ten acres of prairie land on
a tract of not less than eighty acres were planted to trees
not over eight feet apart and at least four hundred living
trees maintained on each acre. The bounty could not be
allowed in excess of the real estate tax of the claimant, nor
in excess of his taxes. Bounties were still payable in North
Dakota on January 1, 1917. 3

FEDERAL ENCOURAGEMENT TO TREE PLANTING
IN WESTERN STATES PRIOR TO 1917

Coincident with these efforts of state legislatures to en-
courage the planting of trees on the open lands of the western
states were the attempts of the federal government to secure
afforestation of portions of such states through grants of pub-
he lands in recognition of the benefit conferred upon the
nation by tree planting.

A federal act of March 3, 1873 (17 Stat. L., p. 605; Rev.
Stat. of 1878, sec. 2464 , offered to donate a quarter section
of public land to any person who would plant forty acres
of the same to trees, not more than twelve feet apart each
way, and keep the trees in a healthy and growing condition
by cultivation for a period of ten years. Section four of

1. Session Laws, N. Dak. 1905, ch. 187, Ay 335.

2. Session Laws, N. Dak. 1907, ch. 41, 34
3. Comp. Laws, N. Dak. 1913, secs. 2813 and 2814.

FEDERAL AID TO TREE PLANTING IN WESTERN STATES 193

this act provided that any homesteader who should, at the
end of three years’ residence, submit satisfactory proof of
having had under cultivation for two years, in the manner
prescribed by section one, one acre of trees for each sixteen
in his homestead claim should at once receive a patent, the
planting and cultivation of the trees being accepted in lieu
of the additional two years’ residence required by the home-
stead law. To encourage a wide distribution of the benefits
of this act, the act limited the amount of land to be acquired
in a section to one hundred and sixty acres. The testi-
mony of two credible witnesses in addition to the affidavit
of the claimant was required as proof of compliance with
the terms of the act.

On March 13, 1874 (18 Stat. L., 21), the federal timber
culture law was amended so as to limit the right of acquisi-
tion to those eligible to the homestead privilege (i. e., to
heads of families, or to persons who, being twenty-one years
old, were citizens of the United States or had declared an
intention to become citizens) reduced the period of culti-
vation to eight years and authorized the issuance of a patent
to a quarter section or to any fractional subdivision of a
quarter section upon proof of the cultivation of trees on
one-fourth of the area in the manner prescribed. This act
forbade the acquisition of more than one hundred and sixty
acres by one person, but allowed more than one entry if
less than a quarter section were first entered. The provi-
sion of the earlier act as to homestead land was retained.
The act required that a party entering a quarter section
should plow ten acres the first year, ten acres the second
year and twenty acres the third year and that he plant ten
acres of timber the second year, ten acres the third year
and twenty acres the fourth year. Those entering less than
a quarter section were required to break and plant propor-
tional areas each year. The heirs of an entryman who died
after compliance with the act for three years were allowed
either to complete the eight years or to receive at once a
patent for one-fourth of the area entered upon relinquish-
ment of all claim to the remaining three-fourths. Those who
had entered land under the act of 1873 were declared en-
titled to the benefits of the new act.

194 FOREST LAW IN AMERICA

By act of May 20, 1876 (19 Stat. L., 54), the period during
which the required planting and cultivation must be ac-
complished was extended one year for each year that the
trees were destroyed by grasshoppers, or by other inevitable
cause, the planting of seeds, nuts and cuttings was declared
a compliance with the requirements of the law and the offer-
ing of separate parcels of planting, not exceeding four, was
permitted. On June 19, 1876 (19 Stat. L., 59), Mareh 3,
1877 (19 Stat. L., 405) and June 19,1878 (20 Stat. L., 169)
other acts for the relief of those whose trees had been injured
by grasshoppers were passed.

An act of June 14, 1878 (20 Stat. L., 113) reduced the pro-
portional area to be planted to one-sixteenth of the amount
entered for areas not less than forty acres and required the
breaking of one thirty-secondth of the entered area the
first year, the cultivating of this and the breaking of an
equal area the second year, for cultivation the third year,
and the planting of five acres of trees in each of the
third and fourth years. It authorized an extension of one
year for each year that the trees were destroyed by grass-
hoppers or drought but increased the number of trees to be
planted from three hundred to twenty-seven hundred per
acre, six hundred and seventy-five of which must be living
at the time of final proof upon the land. This act, which re-
pealed the preceding acts, having itself failed to achieve
satisfactory results was repealed by an act of March 3,
1891 (26 Stat. L.,1095). The repealing act also exempted
those who had planted trees under the act of 1878 from the
requirement that they prove the planting of twenty-seven
hundred trees to the acre and provided that those who had
complied with the provisions of the act as to planting for a
period of four years might at once receive a patent upon the
payment of one dollar and twenty-five cents per acre. A
subsequent act of March 3, 1893 (27 Stat. L., 593) allowed
those who had entered land under the timber culture act to
acquire title irrespective of the number of trees planted. 1

i For Gecisious see 32 Cyc. 835-836 and see Hartman v. Warren, 76 Fed. 157,
. ©. A. 30 for definition of timber € entry. Cf. Act Mar. 4, 1913, (37 Stat.
$40) ‘and (38 Stat. 1098) nursery stock free for private planting in certain area

in Neb.

STATE AID TO REFORESTATION IN TIMBER REGIONS 195

STATE LEGISLATIVE ENCOURAGEMENT TO PRIVATE
FORESTRY IN NATURAL TIMBER REGIONS
PRIOR TO 1910.

The years directly following the close of the Civil War
marked an interest in tree planting, not only in the prairie and
plain States, but also in the eastern States which had been
heavily forested at the advent of Kuropean immigration. The
encouragement to forest preservation and extension in the
east took the form of tax exemption. Laws of this char-
acter were enacted between 1870 and 1890 in Connecticut,
Maine, Massachusetts, Rhode Island and Pennsylvania.
Between 1890 and 1911 the laws were amended in each of
these States and similar acts passed in New Hampshire and
Vermont. During the same decade a reviving interest in
forestry resulted in tax exemption acts in Alabama, Indiana,
Iowa, Louisiana and Wisconsin.

Maine. A Maine act of February 20, 1872! provided
that if any land holder, within ten years after the passage
of the act, should plant or set apart and devote to the suc-
cessful growth of forest trees land bearing at least two thou-
sand trees to the acre at the end of three years, the land
should be exempt from taxation for a period of twenty years
if the grove or plantation were kept in thriving condition
during such time.

Connecticut. A Connecticut act of March 4, 1877 ?
provided that anyone who should plant chestnut, locust,
hickory, ash, catalpa, white oak, sugar maple, European
larch, white pine or spruce on land which had a value of
not more than fifteen dollars per acre and had not previously
been woodland, the town board should allow a tax exemption
for a period of ten years on each acre after the trees were
six feet high, provided twelve hundred trees per acre were
planted. This law was amended March 31, 1886% so as
to allow land worth #25 per acre to be planted, and to ex-

1. Laws of Me. 1872, ch. 66. Same in Revised poate 1903, 156, par. X of sec. 6,
which was amended by Act of Mar. 27, 1907, S. L. ch. 169, p. 185 so as to omit
the limitation of benefits to plantations ce prior to Mar. 30, 1882, and by
Act Mar. 24, 1909, S. L. ch. 136, p. 148 so as to require the planting of only 640
trees to the acre instead of 2000

2. Laws of Conn., 1877; ch. 49.

3. Laws of Conn... 1886: ch. 90.

196 FOREST LAW IN AMERICA

tend the exemption to twenty years. Black walnut and
tulip were added, and locust dropped, from the list of spe-
cles authorized. A new act of August 23, 1911! con-
tained’ the same provisions as the existing law as to the
value of the land, the number of trees to be planted to the
acre, and the period of exemption, but vested in the state
forester the authority to determine the manner of planting
and the responsibility for a proper administration of the law.

Massachusetts. A Massachusetts act of April 9, 1878 ?
required the planting of two thousand trees per acre, and
allowed an exemption for ten years following the time when
the trees had grown an average of four feetin height. This
act, like that of Connecticut, limited its benefits to land
having a value of not over fifteen dollars per acre upon
which trees were not growing at the time of the planting.
This act was amended March 17, 1880* to inelude all kinds
of pine instead of white pine only. A commission for the
study of forest taxation laws was authorized by the legis-
lature on April 28, 19054 and an act of February 25, 1908 *
which superseded the previous law provided a ten year exemp-
tion for lands well stocked with a natural growth of small
trees as well as for plantations.

An act of March 18, 1909° provided that land, having a
value not exceeding ten dollars per acre, which was well-
stocked with thrifty white-pine seedlings that had attained
an average height of nct less than fifteen inches, upon the
presentation of satisfactory proof to the assessors, should be
exempt from taxation for a period of ten years thereafter.
The removal from the land of trees of commercial value,
except such as were reasonably removed for the improve-
ment of the white-pine growth, operated to defeat further
exemption for such forest tract under the terms of the law.

Rhode Island. An act of April 8, 18787 in the State
of Rhode Island contained substantially the same provisions

1. Laws of Conn., 1911; ch. 205.

2. Session Laws, Mass., 1878, ch. 131, p. 94 (Rev. L. 1902, ch. 12, sec. 6. vol. 1,
p. 208.).

3. Act Mar. 17, 1880, ch. 109, p. 71.

4. Resolve Apr. 28, 1905, ch. 60, p. 540; Report in H. Doc. No. 134.

5. Session Laws, Miss., 1903, ch. 120, p. 89. Suppl. to Rev. L. 1902-08, p. 198.,
Cf. Acts of 1818, p. 114, sec. 5 (Rev. Laws 1902, ch. 124, sec. 10) authorizing
agricultural societies to offer premiums for the growing of oak; Laws 1904, ch.
409 (planting stock.).

6. Sess. L. Mass.. 1909, ch. 187, p. 140.

7. Session Laws, R. I., 1878, ch. 663. Pub. Law 1873-78, p. 415.

STATE AID TO REFORESTATION IN TIMBER REGIONS 197

as the Massachusetts act of April 9, 1878, except that the
minimum value of land per acre was placed at twenty-five
dollars, and the exemption was allowed for a period of fifteen
years. This act was superseded by an act of May 22, 1908!
similar to the Massachusetts act of February 25, 1908.

Pennsylvania. By an act of June 1, 1887? the State
of Pennsylvania formally adopted the policy of encouraging
private enterprise in the establishment of forests by the plant-
ing oftrees. Thisactrecited that in view of the public benefit
to be derived from the planting and cultivation of forest
or timber trees, the owner of any land in the commonwealth
planted with not less than twelve hundred trees to the acre
should receive an annual tax exemption for a period of
thirty years. The exemption for the first ten years was to
equal ninety per cent of all the taxes, or such part of ninety
per cent as should not exceed forty-five cents per acre; for
the second decade eighty per cent of the taxes, or such part
of eighty per cent as should not exceed forty cents per acre,
and for the final ten years fifty per cent of the taxes or such
part thereof as should not exceed twenty-five cents per acre.

The act authorized a thinning to six hundred trees per
acre after the first ten years and permitted the owners of
lands equally well stocked with a natural growth of young
trees to enjoy the benefits of the act, provided such lands
were given proper care and the number of trees not reduced
below six hundred at the end of ten years.

A Pennsylvania act of May 25, 1897 provided that
any owner of land in Pennsylvania, having upon it an aver-
age of not less than fifty timber trees to the acre each not
less than eight inches in diameter at six feet from the ground,
might, by the making of required declarations, receive a
rebate equal to eight per cent of all taxes, or such part thereof
as did not exceed forty-five cents per acre, during such time
as the forest was maintained in satisfactory condition. No
single owner was entitled to a tax rebate on more than fifty
acres. This act received minor amendment on April 11,

1. Session Laws, Mass., qoee ch. 1581,

2. Session Laws, Pa., 1887, No. 173, p. ae Dee amendment in Act Mar. 22, 1901,
Pips o2; Act. No. 19.

3. Session eae Pa., 1897, p. 88; Act No. 70.

198 FOREST LAW IN AMERICA

1901! and an act of April 8, 19052 which replaced the
two previous acts, contained the same general provisions.
The act of April 8, 1905, was declared unconstitutional in
1906. *

On April 20, 19054 a new and very specific law super-
seded the Pennsylvania act of June 1, 1887, as amended
by the act of March 22, 1901. This provided that any land
owner planting not less than three hundred trees to the
acre and properly caring for them, or preserving in a grow-
ing condition the same number of trees to the acre of natural
growth, should be given a rebate of eighty per cent of all
taxes for a period of thirty-five years, provided that the
exemption should not exceed forty-five cents per acre. This
act allowed the exemption on lands bearing a mixed stand
of natural and planted trees, and raised the maximum area
held by one person or corporation entitled to the exemption
to five hundred acres. In 1908 the act of April 20, 1905, was
declared unconstitutional. °

Indiana. An Indiana act of March 8, 1899° provided
that one-eighth of the total area of any tract of land in the
state might be set aside for forest growth and assessed for
taxation on a basis of one dollar per acre, provided at least
one hundred and seventy trees per acre of the species named
in the act, either natural or planted, were maintained and
properly cared for. This act was repealed on February 27,
1905. ’

New Hampshire. A New Hampshire act of April 2,
1903° contained essentially the same provisions as the
Pennsylvania act of June 1, 1887, as to tax abatements for
forest planting.

Vermont. A Vermont act of December 7, 1904,’ like

. Session Laws, Pa., 1901, p. 77; Act No. 48.

. Session Laws, Pa., 1905, p. 118; Act. No. 88.

Tubbs v. Tioga Township, 32 Penn. Co. Ct., 504.

. Session Laws Penn., 1905, No. 179, p. 246.

Christley v. Butler Co., 37 Pa. Super, Ct. 32.

Session Laws of Indiana, 1899, p. 570, ch. 256.

. Session Laws of Indiana, 1905, p. 64, sec. 3, ch. 49.

. Laws of N. H., 1903, ch. 124, p. 127. Cf. Act Apr. 15, 1911,S. L. ch. 166, p. 213,
authorizing state forester to sell planting stock for private planting within the state.

Sess. L. Vt. 1904, No. 17, p. 21; Same in Pub. St., 1906, Secs. 368-70, 496, cf.
S. L., 1894, p. 121; Stat., 1894, sec. 254 and Pub. St. 1906, Secs. 340-341 re
maple sugar premiums.

DNR PWN

©

STATE AID TO REFORESTATION IN TIMBER REGIONS 199
the Massachusetts act of 1878, provided for a tax exemption
of ten years upon forest plantations that were made and
eared for as should be required by the state forestry
commissioner. Under an act of December 18, 1908, 4
creating the office of state forester, the supervision of
such planting was vested in the forester.

Iowa. By act of April 10, 1906? the legislature of Iowa
provided for a special assessment of lands devoted to the
erowth of forest trees or of fruit trees. Forest reservations
might consist either of natural forest or of areas artificially
stocked with forest trees. At least two hundred forest trees
per acre were required. If all the trees were planted or a
part were planted so as to make the minimum number of
two hundred per acre the area could not be classed asa for-
est reservation until at least two years had elapsed from the
planting, during which time the trees must be properly cared
for. Forest reservations were to be assessed at one dollar per
acre but must have an area of at least two acres. The
species which might be accepted as forest trees were: ‘Ash,
black cherry, black walnut, butternut, catalpa, coffee tree, the
elms, hackberry, the hickories, honey locust, mulberry, the
oaks, sugar maple, Kuropean larch, and other coniferous trees
and all other forest trees introduced into the state for experi-
mental purposes.’’ The act also allowed “willows, box-elder,
soft maple, cottonwood and other poplars’ to be included
when used in a protecting border not over two rods wide, and
allowed the counting of one hundred box-elder or soft maple
trees to the acre when planted as nurse trees. Plantations of
at least seventy fruit trees to the acre were entitled to an
assessment of one dollar per acre for eight years from the
time of the planting. The act also provided that whenever
forest, fruit, shade or ornamental trees were planted or trees
were planted for windbreak purposes in such manner or num-
ber as not to be entitled to classification as forest or fruit tree
reservations, there was to be no increase in the assessment of
the land because of such planting. Section fourteen of the
act required that the secretary of the state horticultural

1. Sess. L., Vt. 1908, No. 11, p. 9. Act authorized anne stock from state
nurseries to private owners. See Act Dec. 16, 1906,
2. Session Laws, lowa, 1906, ch. 52, p. 35.

200 FOREST LAW IN AMERICA

society perform the duties of a state forestry commissioner
without additional salary in promoting the objects of the act.
He was authorized to appoint non-salaried county deputies
and to require them to report annually upon the operation of
the act and upon other forestry matters.

An act of March 22, 1911! amended the act of 1906 so as
to authorize the planting of Norway and Carolina poplars as
regular forest species, as well as for border purposes.

Wisconsin. Under a Wisconsin act of July 12, 1907?
the owner of any tract of land in the state who should set
apart a portion thereof, not exceeding forty acres, for for-
est culture and plant the same with timber or forest trees,
not less than twelve hundred to the acre, was declared en-
titled to exemption from all taxation on the planted land
for a period of thirty years from the time of planting. The
trees must be kept in a healthy condition, but all except
six hundred trees might be thinned out at the end of ten
years from the planting. The exemption was not allowable
to lands having a value of over ten dollars per acre. The
examination and valuation of the land was to be made by
the board of review of the town in which the land was situ-
ated. If land had been planted before the valuation was
fixed and the town board then held the planted tract not
entitled to exemption, an appeal might be made by the
owner to a state official. The exemption could be allowed
as to lands within two miles of an incorporated city or vil-
lage only with the written approval of a state officer, and
any exemption could be canceled if the owner failed to com-
ply with the law. Corporations, copartnerships and asso-
clations of persons might enjoy the benefits of the act.

Alabama. In section five of a general forestry act of
November 30, 1907? Alabama provided that any owner
of land assessed at not over five dollars per acre might con-
tract with the state commissioner of forestry to plant or
erow useful timber trees thereon in the manner prescribed

1. Sess. L. Iowa, 1911, vol. 34, ch. 65, p. 48 For law of 1906 amended in 1911,
see Suppl. of 1913 to Lowa code of 1807, secs. 1400c to 1400p.

2. Laws 1907, chap. 592 (Amendment by Chap. 663, sec. 234-6, Laws 1911, did not
affect substance of law): Statutes of Wisconsin, 1913, sec. 1494-101 to 1944-111.

3. General Laws, Special Session Ala., 1907, No. 90, p. 192.

RECENT DEVELOPMENTS IN FOREST TAXATION 201

by the commission. If in accordance with such agreement
the owner should keep the trees upon the designated forest
tract in thrifty condition for ten years and cut no trees ex-
cept as permitted by his contract, the tract was to be exempt
from taxation for the following ten-year period, or for such
part thereof as the forest was maintained.

Louisiana. By an act of July 7, 1910! the legislature
of the State of Louisiana provided that any owner of land
within the State of Louisiana having an assessed value not
exceeding five dollars per acre who should contract in writ-
ing with the State Conservation Commission to plant trees
upon the land and care for them as required by the said
commission for a period of not less than thirty nor more
than forty years might have the assessment of the land
fixed at one dollar per acre throughout the contract period
or for such part of the period as the owner should comply
with his contract.

FOREST TAXATION LAWS INVOLVING NEW PRIN-
CIPLES ENACTED IN AMERICAN STATES FROM 1910
TO 1917.

Michigan. <A Michigan act approved by the governor
on April 25, 1911? followed the Indiana act of 1899 in pro-
viding for the devotion of one-eighth of the area of separate
holdings to purposes of forest growth, and exempted from
taxation all value of such forest reservation above one dol-
lar per acre. However, the benefits of the Michigan act
were limited to those who held tracts not exceeding one
hundred and sixty acres in extent, one half of which was
improved and devoted to agricultural purposes; and pro-
vision was made for the collection before removal of a yield
tax equal to five per cent of the estimated value of the
timber which the owner proposed to remove. This act,
like a provision in a Michigan act of June 2, 1909°* re-

Laws of Louisiana, 1910, No. 261, sec. 13. See also Laws 1912, Act No. 127, vest-
ing the administration of the act in the reorganized conservation commission.

Session Laws of Mich., 1911, No. 135. Same Annot. Stat. 1914, Howell, Sec. 2063-
2074, Vol. 1, p. 999-1001.

Session Laws of Mich., 1909, No. 280, sec. 7. Cf. Act May 1, 1911, 8. L., No. 294,
sec. 11

Oo oe

202 FOREST LAW IN AMERICA

quiring those homesteading state lands to maintain a tim-
ber reserve, was aimed at the establishment and mainte-
nance of farm woodlots as distinguished from actual forest
reserves.

New York. In the year 1912 three tax exemption laws
were enacted in the State of New York. An act of April
10, 1912! provided that whenever any land owner should
plant not less than one nor more than one hundred acres
for forestry purposes, with not less than 800 trees to the
acre on open land, nor less than three hundred trees to the
acre on existing forest or brush land, the non-forested land
thus planted should be exempt from all taxation, and the
underplanted forest land from taxation on all value except
one half the value of the land exclusive of all forest growth,
for a period of thirty-five years. Lands situated within
twenty miles of the corporate limits of a city of the first
class, within ten miles of a city of the second class, or within
one mile of an incorporated village, were declared not en-
titled to exemption. Proof of proper planting must be made to
the satisfaction of the State forest officers, and if at any time
within the thirty-five year period the land should cease to
be devoted exclusively to forest growth purposes, the
exemption or reduction in taxation should at once termi-
nate. After the expiration of the thirty-five year period
the land must be assessed at its full rate, exclusive of the
timber growth, and five per cent of the stumpage value of
the timber must be paid whenever it was cut.

An act of April 15, 1912? provided that the owner of
any tract not exceeding fifty acres occupied by a natural or
planted growth of trees, or by both, not closer to any city
or village than the minimum distances given in the act of
April 12, 1912, above, upon a showing to the satisfaction of
the state forest office that the land might be properly classed
as a woodlot within the meaning and purpose of the act and
upon the execution of an agreement to manage the forest as
the state officials should preseribe, might have the land classi-

1. Session Laws N. Y., 1912, ch. 249, Vol. 1, p. 469.

2. Session LawsN. Y., 1912, ch. 363. Vol.1,p.710.. Cf., Act of Apr. 5, 1910, S. L. ch. 72,
p. 15 authorizing the sale of planting stock to citizens and Act April 16, 1912,
S. L. ch. 444, p. 883, providing that price shall be no more than cost.

RECENT DEVELOPMENTS IN FOREST TAXATION 203

fied for taxation as a woodlot. Such assessment should not
take into account the value of the trees, nor exceed ten dol-
lars per acre. Whenever the owner should cut live timber,
except for firewood or building material for domestic use,
he must cut in accordance with the instructions of state
officials and pay a five per cent yield tax on the value of
the material removed.

An act of April 16, 19121 authorized the classification
of waste, denuded, or wild forest lands in tracts of five
acres or more as forest land by the state forest officers,
provided the value was not over five dollars per acre. After
such classification the assessment should not be raised for a
period of thirty-five years if the owner complied with his
agreement with the state to plant, protect and maintain
the forest growth on the land so classified. ‘There was no
yield tax provision in this law, and no exemption, merely
a fixed assessment rate for thirty-five years.

Vermont.. A Vermont act of February .13, 1913?
provided that land situated outside the limits of a city or
village and sufficiently stocked with young trees of certain
named species or other species approved by the state forester
should, upon application by the owner, be classified as for-
est land for purposes of taxation. Such elassification should
be allowed when the condition of the forest growth on the
land met any one of three distinct requirements, namely,
when cut-over land was fully stocked with forest trees not
more than fifteen years old, when cut-over or other land
partially stocked with trees not more than fifteen years
old had been planted with a sufficient number of additional
trees to assure an average spacing of six by six feet, and when
open land had been planted with not less than one thousand
trees to the acre.

Subsequent to classification forest land was to be taxed
at the local rate on the land alone at an assessment of not
over three dollars per acre until the year 1950. In 1950
the land was to be revalued without regard to the three
dollar limit, and the new valuation was to be maintained as

1. Session Laws New York, 1912, ch. 444, art. 5, sec. 89, Vol. 2, p. 907.
2. Session Laws, Vermont, 1913, No. 40, p. 33.

204 FOREST LAW IN AMERICA

a basis of taxation at the local rate for fifty years subsequent
to 1950. Whenever a commerci:.! cutting was made a ten
per cent tax on the gross stumpage value of the timber re-
moved was to be levied. The use of the land for pasture,
destruction of tree growth or other failure to maintain
proper forest conditions in the opinion of the state forester
should constitute ground for a cancellation of the clas-
sification. When a cancellation was declared the owner
must pay a tax of one-half of one per cent per annum for
the period that the land had been under classification in ad-
dition to any annual or yield tax paid previous to the can-
cellation. No yield tax need be paid on material cut for
domestic use or upon improvement cuttings where the cost
of removal was equal to the value of the material removed.

This act provided that the previous forest tax exemption
law should not apply to land planted subsequent to January
OS:

A companion act of February 22, 1913! authorized the
classification as forest land of waste, partially denuded, or
wild forest land of five acres or more in extent, lying outside
a city or village, occupied wholly or in part by a natural or
planted growth of trees more than fifteen years old, or both
natural and planted, and unsuitable for cultivation. From
the time of classification until the year 1950 such lands were
to be taxed at the local rate upon the valuation fixed in the
last quadrennial appraisal preceding the classification. In
1950 a revaluation of both land and timber was to be made
as a final basis for taxation during the fifty years following.
Any cutting, except for domestic use of the owner or his
tenant, was to be reported, and before removal of the tim-
ber a tax of one-tenth of one per cent of such valuation for
each year that the land had been classified as forest land
should be paid, but such tax should not exceed seven per
cent of such valuation. <A penalty of three times the amount
of the tax might be imposed for a failure of the owner to
report a commercial cutting or to pay the required tax.
Whenever in the opinion of the tax listers trees on such land
were mature, or the land was no longer used as contemplated

1. Session Laws Vermont, 1913, No. 41, p. 34.

RECENT DEVELOPMENTS IN FOREST TAXATION 205

by the act, notice should be given the owner. If the owner
declined to cut the trees he must pay a tax as if they were
eut, and the classification should no longer apply. Con-
troversies between owners and the tax listers were to be
decided by the chairman of the selectmen, the town clerk
and the state forester.

Connecticut. In 1913 areport was made to the Connecti-
cut legislature by a commission on forest taxation authorized
by an act of May 2, 1911! and a forest taxation law of May
May 7, 1913? provided that woodland and land suitable for
forest planting, not less than five acres in area and having
a value not exceeding twenty-five dollars per acre, exclu-
sive of the timber growing thereon, might be given special
classification as forest land for purposes of taxation. Land
bearing timber of taxable value and of more than ten years’
erowth which was classified under the act as forest land
must be taxed annually, at not to exceed a rate of ten mills,
upon the value of the land and timber separately at the
value assessed at the time of the classification. This as-
sessment on both land and timber was to remain fixed for
a period of fifty years. Upon the basis of the revaluation
made at the end of fifty years, both land and timber were
to be subject to an annual tax at the local rate, but not to
exceed ten mills, for another period of fifty years. At the
end of the hundred years the land and timber should, if
necessary, be revalued separately and assessed annually at
the local rate.

Whenever a cutting was made on lands classified as forest
lands, except cuttings for domestic uses, a graduated yield
tax was to be collected. This tax was to be two per cent of
the stumpage value of the timber removed during the first
decade after classification, and to increase one per cent for
each subsequent decade until the tax should reach seven per
cent at the beginning of the sixth decade. Thereafter the
yield tax was to remain at seven per cent of the stumpage
value at the time of removal.

1. Session Laws of Conn., 1911, ch. 45, p. 1304.

2. Laws of Conn.. 1913, ch. 58., p. 1666. Cf. Act May 26, 1913, ch. 108, directing
that the state forester issue no certificate under Chapter 205 of 1911 after June 1,
1913 and making that Act inapplicable to lands planted to forest trees after
January 1, 1913; and see Act March 31, 1915, S. L., Conn. ch. 90, p. 1953, regu-
lating the matter of assessment of forest land and of appeal from the decision
of the assessors to the County Superior Court.

206 FOREST LAW IN AMERICA

Land fully stocked with forest trees under ten years of
age, whether planted or of natural growth, and with at least
twelve hundred planted trees to the acre of the species ap-
proved by the state forester, might be classified as forest
land and would thereafter be taxed on a valuation of the
land only, with a revaluation of the land at the end of a
fifty year period. Whenever a cutting for sale purposes
was made in such a forest a yield tax of ten per cent of the
stumpage value of the material removed was to be levied.

Application for classification, reclassification, and per-
mission to cut must be made to the state forester, and he
might cancel a classification if the requirements of the act
were not being complied with, either from the fault of the
owner or from other cause.

Pennsylvania. Forest taxation bills pending in the
Pennsylvania legislatures in 1907, 1909 and 1911, failed of
passage, but in 1913 three laws were passed providing for
the classification of certain private lands as forest lands and
for the taxation of the same. One of these ! which declared
that its purpose was to encourage the growing of trees suit-
able for merchantable forest products provided that any
owner of surface land desirous of having the same placed
in a classification of land to be known as auxiliary forest
reserves might notify the State Forestry Reservation Com-
mission of his desire with a description of the land and the
timber thereon. The commission might in its discretion have
the lands examined by a forester and determine whether the
land should properly be thus classified. Such classification
could not become operative until the owner had agreed in
writing with the commission to care for the trees growing
thereon according to the instructions of the commission,
and the land might be removed from such classification
because of a failure of the owner to care for the trees as
agreed, and back taxes recovered for the land on the regu-
lar taxation basis. On a similar basis the land might be
removed from the auxiliary forest reserve classification upon
the request of the owner.

1. Act June 5, 1913, S. L. Penn., No. 284,.p. 426.

RECENT DEVELOPMENTS IN FOREST TAXATION 207

When the trees became merchantable the commission
was to determine the amount of timber to be cut. The
classification might be maintained after the harvest of the
forest crop, if the owner complied with the instructions of
the commission and protected the young growth. The
owner might at all times remove dead or injured trees, and
under the direction of the commission make thinnings.

A companion act! provided that the surface of lands
classified as auxiliary forest reserves should be assessed for
taxation purposes at not over one dollar per acre so long
as thus designated. Minerals in the land might be sep-
arately assessed and taxed. Whenever timber was to be
harvested the owner was required to give a bond to the
county treasurer in the sum of twenty per cent of the
value of such timber as estimated by the commission to
insure the payment within ninety days after the harvest-
ing of ten per cent of the actual stumpage value of the tim-
ber removed, as a yield tax.

A third act of 1913? provided that the state should pay
an annual tax of two cents per acre on auxiliary reserves
for the benefit of schools, and the same amount for the
construction and repair of roads in the districts in which
such reserves were situated.

Massachusetts. In 1912 the constitution of Massa-
chusetts was amended so as to authorize the separate classi-
fication of forest land for taxation purposes. A resolution
of the Massachusetts legislature, approved June 16, 1913%
provided for the appointment uf a commission of five to
investigate the question of forest taxation and report to
the legislature as to the legislation necessary for the acqui-
sition and management of wild and forest land. The re-
port of the commission was submitted in January, 1914 *
and the legislation therein recommended was enacted into
law on June 2, 1914.° This act provided that owners of

1. Act June 5, 1913, S. L., Penn.. No. 269, p. 405.

2. Act June 5, 1913, S. L., Penn., No. 270. p. 408. Cf. Act Apr. 22, 1909, S. L. No. 69,
p. 115, authorizing distribution of planting stock at not over cost and transpor-
tation and Act April 21. 1915, S. L. No. 76 removing all charges except for box-
ing and for transportation.

. Resolves Mass., 1913, ch. 131, p. 1180.

. Senate Doc., Mass.. 1914, No. 426.

Session Laws 1914, ch. 598, p. 529.

Ori

208 FOREST LAW IN AMERICA

woodland or land suitable for forest planting of not less
than three acres might have the same classified for taxa-
tion purposes either as a woodlot or as a plantation. The
classification was to be made by the town assessors, but
there was a right of appeal to the state forester, whose de-
termination was to be final. Land classified as woodlot
or plantation was to be taxed upon the basis of a fair value
for the land exclusive of the value of the trees growing
thereon, and a yield or product tax was to be levied whenever
timber or other products were removed for sale, or other income
derived. This product tax was to equal one per cent of the
income in any year during the first five years subsequent to
April 1, 1914, and was to increase one per cent each five-
year period subsequent to April1, 1919, until the end of five
five-year periods, or a total period of twenty-five years was
reached in the year 1939, after which time the product tax
should remain equal to six per cent of the gross income re-
ceived from timber stumpage or from other production of
the land during any year. A penalty must be imposed for
any failure by an owner or his representative to report any
cutting upon which a product tax was due.

To protect towns from a decrease of revenue during the
transition period from the existing method of taxation of
timber, as land, to the system of levying an annual tax on
the land and a yield tax on the timber when removed, pro-
vision was made in the Massachusetts law for the payment
of a third form of tax called a forest commutation tax on
lands classified as woodlot. The forest commutation tax
levied between April 1, 1914, and April 1, 1919, as to any
particular traet was to consist of its proportionate share
of the remainder derived by the subtraction of the annual
forest land tax levied in the town under the new plan of
taxation from the total tax, exclusive of that on buildings,
levied in the said town in 1913 on the lands classified as
woodlot between April 1, 1914, and April 1, 1919; such pro-
portionate share to be dependent upon the stumpage value
of the timber standing upon any tract at the time of classi-
fication. Subsequent to 1919 this tax was to remain the
same as in the year 1919. Upon lands classified as woodlot
subsequent to April 1, 1919, the commutation tax was to

MUNICIPAL FORESTS 209

equal the remainder obtained by the subtraction from the
last land tax before classification, exclusive of buildings,
of the forest land tax levied in the year subsequent to such
classification. Provision was made for a reduction of the
forest commutation tax where timber of a value not less
than ten per cent of the stumpage value of the trees stand-
ing at the time of classification had been destroyed by fire
or otherwise, and for a reduction in this tax on similar terms
as timber was cut and a product tax paid thereon. When
the reductions for any purpose should equal the stumpage
value of the timber standing at the date of classification,
any woodlot should thereafter be taxed on the same basis
as if classified as plantation.

No product tax need be paid on timber of a stumpage
value not exceeding twenty-five dollars removed in any one
year for personal use or for use of a tenant. Portions of a
tract, classified as woodlot or plantation not fully stocked
or cut over should be planted or otherwise stocked under
regulations prescribed by the state forester. <A failure by
the owner to restock the land would make him hable for
the cost of planting by the state at a cost not exceeding
ten dollars per acre. Provision was made for the ownership
of classified land by corporations. The existing legislation
providing for a tax exemption on forest plantations was
repealed with a saving of all exemption rights previously
earned and a provision for the classification of such land
as plantation at the end of the ten-year exemption period
of the former law. !

PROVISIONS FOR THE ESTABLISHMENT AND MAIN-
TENANCE OF FORESTS BY CITIES, TOWNS AND
OTHER MUNICIPALITIES ENACTED PRIOR TO 1917

Massachusetts. The awakening interest in forestry
in America in the last quarter of the nineteenth century
drew its inspiration largely from a few men who had en-
joyed the opportunity of studying or of observing forestry
in countries of Continental Europe. This foreign influence

1. Sez Session Laws Mass., 1909, ch. 490, 543, sec. 6, and interpretation of tax
laws, 111 Mass. 473; 118 Mass. 386, none 137 Mass., 272.

210 FOREST LAW IN AMERICA

was strikingly illustrated by a Massachusetts act of May
25, 1882! authorizing the voters of any town, or the
council of any city, to establish a municipal forest and make
appropriations therefor, or to receive donations of land for
forest purposes. So impressed were the legislators of
Massachusetts by the reports received as to the success
of communal forests in Europe that they even authorized
the condemnation of land for community forest purposes.
This act required the state board of agriculture to act as a
board of forestry, without compensation other than travel-
ing expenses, and charged the said board with the supervi-
sion and management of all such forests. They were to
regulate the care and use of the forests and the planting and
cultivating of trees therein. The one or more keepers of
each forest to be appointed by this board were to have the
powers of constables and police officers. All receipts of
the forests were to be paid to the board which was to re-
turn to the municipality the net surplus not needed for the
care and improvement of its public domain. The approval
of two-thirds of the voters of a town at a special meet-
ing, or of the council of a city, was required for the estab-
lishment of a forest, but the issuance of bonds to meet the
expenses of such enterprises was authorized.

This law, as contained in chapter twenty-eight of the
Revised Laws of nineteen hundred two was amended by
an act of April 26, 1913? to limit the indebtedness that
might be incurred by a city or town for municipal forest
purposes to one-half of one per cent of the last assessed
valuation of the city or town; to permit the acquisition of
such public domain for purposes of water supply preser-
yation; and to allow the erection of buildings and lease of
the same for purposes beneficial to the property. The act
contained detailed provisions for the issuance of town or
city bonds for the acquisition of such public domain, with
limitations that the bonds should not run for more than

1. Session Laws, Mass., 1882, ch. 255, p. 200. Cf. the Act of March 24, 1744,
(Laws of 1743-44, ch. 25), Acts and Resolves, Province of Mass. Bay, Vol. III,
p. 1382 and Act of January 9, 1755, (Laws of 1755, ch. 21.) same volume p. 799,
both authorizing the cooperative practice of forestry by private owners in Massa-
chusetts under quasi corporate form.

2. Sess. L., Mass., 1913, ch. 564, p. 483. See Act of April 12, 1915, S. L. ch. 162 au-

thorizing a city or town to acquire and maintain a public domain within another
town for water supply purposes.

MUNICIPAL FORESTS 211

thirty years and should not bear a rate of interest above
four and one-half per cent per annum. Cities and towns
were authorized to place their public domain under the
general supervision and control of the state forester to
whom the local city or town forester and the keepers should
be subordinate. When this was done buildings could not
be erected upon the public domain without the approval
of the state forester.

New Jersey. A New Jersey act of April 20, 1906?
authorized the governing body of any municipality within
the state to use any lands of such municipality for forest
growth, and gave them the power to cut and sell timber, and
to enter into contract with the state board of forest park
reservation commissioners for the control and management
of such lands for forestry purposes.

Pennsylvania. A Pennsylvania act of April 22, 1909, ?
the preamble of which referred to the successful manage-
ment of municipal forests in European countries and to
the expediency of such a system in Pennsylvania, provided
that any city, borough or township of the first class might
acquire by purchase, gift or lease, hold and administer
forest lands within, adjacent to, or at a distance from its
corporate limits. The approval of the state commissioner
of forestry must be obtained before. the acquisition was ac-
complished and the lands were to be managed under his
direction. After a three weeks’ advertisement of their
intention and the affording of an opportunity for a hearing,
any lands approved by the state commissioner could be
acquired by a vote of the township commissioners or of a
city council. Such lands were made subject to use as parks,
but the primary purpose was to be the realization of revenue.
Any vote of the governing authorities to alienate lands ac-
quired for forest purposes must receive a popular vote of
approval to become effective.

1. Session Laws, N. J., 1906, ch. 136, p. 261.

2. Session Laws, Pa., 1909, No. 79, p. 124. Cf. Act April 24, 1903, S. L. No. 227,
p. 294 authorizing cities of the first class to acquire farmlands or woodlands for
public park purposes, not over one thousand acres to each city.

212 FOREST LAW IN AMERICA

Wisconsin. By act of April 28, 1909! any town board in
the State of Wisconsin was authorized to acquire by pur-
chase or otherwise a sufficient tract of land to use and main-
tain as a woodlot and to preserve and reforest the same un-
der regulations approved by the state board of forestry.
The sale of sucha wood lot by the town board was authorized.

New York. On March 26, 1912? the New York law
relating to municipal corporations was amended by the
addition of a new section authorizing the governing board
of any county, town or village to acquire for the county
by purchase, lease, gift or condemnation tracts of land
having a forest growth, or suitable therefor, and to appro-
priate public funds for the management of such lands ac-
cording to the principles of scientific forestry for the benefit
of the municipality. A two-weeks’ notice of purpose and
a public hearing must precede the final action of any govern-
ing body in acquiring land for forest purposes. Payment
for the lands acquired might be made either by a tax levy
or by the issuance of bonds. Although use of such tracts
for other purposes was authorized, the act declared that
the primary object was to be one of municipal revenue.
After two weeks’ notice and a public hearing forest lands
might be disposed of by a two-thirds vote of the governing
body. ;

A New York act of May 8, 1915% amended the conser-
vation law of 1911 by inserting a new section providing
that any county or town in the state might acquire, by pur-
chase or by gift, vacant or abandoned land for reforestation
purposes. The determination of whether land should be
thus acquired was to be made by a vote of the county
board of supervisors for a county forest and by majority
vote of the people at a town meeting for a town forest.
Such lands might be acquired at tax sales.

The state conservation commission was required to aid
counties and towns in the reforestation and management

1. Session Laws, Wis., 1909, ch. 77, p. 82. Cf. Laws 1911, ch. 408, authorizing
the employment of foresters in cities of the first class.

2. Session Laws, N. Y., 1912, ch. 74, inserting section 72a in chap. 29 of the consoli-
dated Laws of 1909.

3. Session Laws, N. Y., 1915, ch. 558, p. 1737, inserting sec. 62a in art. IV of chap.
647 of 1911.

MUNICIPAL FORESTS 213

of such lands, and no sale of lands thus reforested could be
made without the approval of the state commission.

Indiana. An act of February 12, 1913! provided that
any five or more persons might, by written articles of
association, organize a forestry association in any county,
city, town or township. Upon the due filing of these arti-
cles the association was to become.a perpetual corporation,
with the power to establish and maintain forests. Such
corporation might accept gifts of money, lands or property
for the purpose of acquiring and holding in _ perpetuity
forest lands which were not to be subject to taxation for
any purpose. Counties were authorized to contribute to
the objects of such associations. The forestry board se-
lected by the members of the association were vested with
administrative control of these forests. They might employ
a forester. Fines might be imposed for injuring trees, and
teachers were given the right to take pupils to a forest for
instruction. All forestry corporations were required to
report in writing to the secretary of the Indiana forestry
association a description of all land acquired in any manner
and a statement of the mode of acquisition and the cost,
and the president of every forestry board was an ex-officio
member of the state association. The legislature declared
_ that the act was to be construed liberally for the encourage-
ment of forestry practice.

New Hampshire. Under a New Hampshire act ap-
proved March 14, 1913? any town or city of the state was
authorized to vote at any legal meeting, such sums of money
as they should judge necessary to purchase, manage and
improve lands for the purpose of growing wood and timber.
The lands thus purchased were to be managed under the
direction of the state forester. The net proceeds from the
sale of wood and timber from these lands were to accrue
to the benefit of the town or city.

Minnesota. A Minnesota act of April 8, 1913% au-

1. Session Laws, Ind., 1913, ch. 13, p. 18.

2. Session Laws, N. H., 1913, ch. 27, p. 497. Cf. Laws 1901, ch. 98, regarding shade
trees, amended by Laws 1905, ch. 119, and Laws 1915, ch. 138.

3. Session Laws, Minnesota, 1913, ch. 211. Cf. Laws 1915, ch. 108, providing for a
municipal forest for the City of St. Paul.

214 FOREST LAW IN AMERICA

thorized the governing body of any city, village or town in
the state to accept donations of land suitable for forest
production purposes, and manage the same on forestry
principles. The donor of not less than one hundred acres
was entitled under the law to have the tract donated per-
petually bear his or her name. _ When authorized by a
majority vote at any general or special election, the govern-
ing body of any city, village or town might obtain by pur-
chase or condemnation proceedings any tract that was
better adapted for the production of timber and wood than
for any other purpose and that was conveniently located
for such purpose. The selection of land and the manage-
ment thereof must have the approval of the state forester.
An annual tax of not exceeding five mills on the dollar of
assessed real estate valuation for the acquisition and main-
tenance of the communal forests of any municipality was
authorized.

An act of April 21, 1915! containing provisions sub-
stantially identical with those of the act of 1913 as to ac-
ceptance, purchase, condemnation and management of
lands primarily suitable for forest production purposes was
applicable only to cities governed under a state charter
and having a population of more than fifty thousand in-
habitants. The only essential difference between this act
and the one applicable to smaller communities was that
the governing body of the city might acquire lands by reso-
lution without a submission of the vroposition to the
voters of the city.

Vermont. By an act of April 1, 1915? the legislature
of Vermont authorized any city or town to vote money at
any legal meeting for the purchase, management and im-
provement of lands suitable for the growing of wood and
timber. Any town or city having a tract of land not less
than forty acres in extent, acquired through donation,
purchase or forfeiture for taxes, was authorized to have the
same examined without cost by the state forester to de-
termine whether it was suitable for maintenance as a school

1. Session Laws, Minn., 1915, ch. 217, p. 318.
2. Session Laws, Vt., 1915, No. 24, p. 84.

MUNICIPAL FORESTS Diss

endowment forest. If a tract were so designated by the
forester, he was required to give advice as to planting and
management, and might distribute at cost annually from
the state nurseries one hundred and fifty thousand trees
for planting in such forests. These forests must be managed
under the direction of the state forester, and only such
trees cut as he should designate. The town forest warden
was required to protect school endowment forests and,
upon accounts submitted and approved by the forester,
he might receive the same compensation for this work as
for fire suppression. The net proceeds were to be deposited
in the town treasury.

CHAPTER VI

A Summary of the Progress of Forest Legis-
lation in American States to the close ofthe Year
Nineteen Hundred Sixteen !

Introduction. The first stages of the forestry move-
ment as directed to the conservation of state and national
resources was marked by the establishment of public
associations and legislative commissions for the investiga-
tion of forest resources, and the submission of reports as to
the means to be adopted to effect an improvement of con-
ditions. The members of the legislative commissions were
often selected from those prominent in political or business
life, but the appointment of publicists and scientists upon
such boards was also common. In many of the states this
investigation was conducted by the state geological survey
and the national geological survey rendered very important
service during the period preceding the establishment of a
separate bureau for the management of national forests.

These investigative commissions were regularly succeeded
by permanent commissions or boards that served without
compensation, other than reimbursement of expenses.
In the earlier developments each board or commission was
usually authorized to select a salaried secretary who acted as
an administrative officer and as a director of the educa-
tional efforts of the board. These permanent boards al-
most invariably included the governor and one or more
other state executive officers with one or more members
representing the scientific or educational interests of the
state and often one or more owners or manufacturers of
timber to be appointed by the governor. In several in-
stances, asin Indiana and Minnesota, these members were

1. In the preparation of Chapter VI the author has enjoyed the privilege of consult-
ing a monograph on State Forest Organization by J. Girvin Peters, published in 1913,
and desires to acknowledge the helpful suggestions derived therefrom.

216

EEE

SUMMARY OF STATE FOREST LEGISLATION DAG

to be nominated by associations or educational corporations
named in the act creating the board.

In many states later laws substituted for the secretary of
the board a technically trained forester who was made re-
sponsible for the general administration of forestry activi-
ties of all kinds, including fire protection and educational
propaganda. In the majority of the states a board has
been retained with advisory or supervisory duties.

SYSTEMS OF ADMINISTRATION IN 1916

Supervision by a Board of Forestry. At the close of
the year 1916 there were permanent official boards of for-
estry in Alabama (called Commission of Forestry), Cali-
fornia, Delaware, Indiana, Kentucky, Maryland, Michi-
gan (called Public Domain Commission), Minnesota, Mon-
tana, New Hampshire (called Forestry Commission), New
Jersey (called Board of Conservation and Development and
with other jurisdiction), Oregon, Pennsylvania (called
Department of Forestry) and Washington.

Supervision by an Agricultural Board. In Colo-
rado and Vermont the state board of agriculture acts as a
board of forestry. In Connecticut, Kansas and Ohio
forestry work is conducted under the supervision of the
state agricultural experiment stations and in Texas under
that of the board of directors of the State agricultural
and mechanical college.

Supervision by Other Boards. In North Carolina
the geological survey, in Virginia the geological ecommis-
sion, and in Tennessee and West Virginia the forest, fish,
and game commissioner is charged with responsibility for
all forest administration and protection. In Idaho the
state board of land commissioners directs all forestry work
and in Colorado and Utah the same board is required to
administer state forest lands so as to conserve the water
supply. In Florida, Mississippi, and Missouri, which have
no forest administration system, the state geological sur-
vey is required to gather information as to forest resources.

218 FOREST LAW IN AMERICA

A Single Executive. In Wi:°onsin a conservation com-
mission of three salaried memlers has general charge of
forests, fish and game with one commissioner in direct
charge of each branch. In Louisiana a single commissioner
of conservation is assisted by an advisory board of four
members in directing forestry work. Full responsibility for
the direction of forestry work is vested in the forest com-
missioner in Maine, the state forester in Massachusetts, the
conservation commissioner in New York and the commis-
sioner of forestry in Rhode Island. In North Dakota the
president of the state school of forestry is required by law to
act as state forester and in South Dakota the commissioner
of school and publie lands is authorized to appoint a state
forest supervisor who is required to protect the forests upon
state lands. In Iowa the Secretary of the state horticultural
society acts as forestry commissioner in the gathering of
statistics and in promoting the objects of the forest reser-
vation tax exemption law.

Technical Representatives upon Board. In Ala-
bama, Delaware, Louisiana and Oregon the forestry board
includes the professor of forestry at the state college or
university and in Alabama one member of the Federal
Forest Service also. In California, Connecticut, Delaware,
Indiana, Kansas, Louisiana, Montana, Ohio, Pennsylvania
and Wisconsin the person acting as forester is a member
of the directing forestry board.

A State Forester. In California, Colorado, Connecti-
eut, Delaware, Indiana, Kansas, Kentucky, Louisiana,
Maine, Maryland, Massachusetts, Minnesota, Montana,
New Hampshire, New Jersey, New York, North Carolina,
North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island,
South Dakota, Texas, Vermont, Virginia, Washington, West
Virginia and Wisconsin provision is made for the employ-
ment of an administrative forest officer. This officer is desig-
nated as forester except in Maine, New York, Pennsylvania
Rhode Island, South Dakota and Wisconsin. In Cali-
fornia, Connecticut, Kentucky, Louisiana, Maryland, Massa-
chusetts, Minnesota, Montana, New Jersey, New York,

SUMMARY OF STATE FOREST LEGISLATION 219

Texas, Vermont, Virginia, West Virginia and Wisconsin the
law requires that this official shall have had a technical
education or a practical training as a forester. The Ore-
gon law requires that he be a “practical forester.”’

STATE FORESTS

Management. In Alabama, California, Colorado, Con-
necticut, Delaware, Indiana, Kansas, Kentucky, Louisiana,
Maine, Maryland, Massachusetts, Michigan, Minnesota,
Montana, New Hampshire, New Jersey, New York, North
Carolina, Ohio, Oregon, Pennsylvania, Tennessee (prob-
ably repealed by Ch. 152 of laws of 1915), Texas, Utah,
' Vermont, Virginia, Washington, West Virginia and Wis-
consin provision has been made for the management for
forestry purposes of lands held or to be acquired by the
state.

Acquisition through Gift. In Alabama, Delaware,
Louisiana, Maryland, Massachusetts, Minnesota, New Ham-
shire, New Jersey, New York, North Carolina, Texas, Ver-
mont, Virginia and West Virginia there are laws specifically
authorizing the acceptance by the state of gifts of land for
forestry purposes.

Acquisition by Purchase. In Connecticut, Delaware,
Kentucky, Louisiana, Maryland, Massachusetts, Michigan,
Minnesota, New Hampshire, New Jersey, New York, North
Carolina, Ohio, Pennsylvania, Texas, Vermont, Virginia,
West Virginia and Wisconsin the acquisition of state for-
est reserves through purchase by forestry officials has
been authorized. Lands within the Maine forestry
district which are forfeited for a non-payment of the
special protective tax are held as state forest lands.

Establishment by Reservation. In Idaho, Michigan,
Minnesota, Montana, Oregon, Utah, Washington and Wis-
consin the setting aside of state lands for forestry purposes is
provided for by law. A California law, enacted many years
ago, provided that whatever funds should be acquired by
the state under a certain claim against the United States:
should be used for the acquisition of state forests.

220 FOREST LAW IN AMERICA

Nurseries, Demonstration Forests and Parks. I[n
Indiana and Nebraska, in addition’ to a number of the
states above mentioned, lands may be acquired for forest
nursery and forest demonstration purposes. In California,
Massachusetts, Minnesota, Montana, New Jersey, New
York and Wisconsin the forestry officials are given partial
or full jurisdiction over state parks.

Preservation of Trees as Water Conservators. In Ne-
vada the cutting of timber of certain species and sizes from
water sheds is forbidden, and in Colorado and Idaho and
Utah trees must not be cut from state lands if needed to con-
serve the water supply. In Montana trees less than eight
inches in diameter at twenty feet from the ground must
not be cut from state land.

STATE ASSISTANCE TO INDIVIDUALS AND COR-
PORATIONS IN FOREST EXTENSION AND CON-
SERVATION

Legislative Encouragement of Private Forestry.
Several of the western states in which laws for the enact-
ment of tree planting were enacted between 1860 and 1890
no longer had such laws at the close of 1916. However,
laws providing either for the payment of bounties or for
the exemption of property from taxation as a reward for
tree planting were still in effect in Illinois, Iowa, Minne-
sota, Nebraska, North Dakota (amended in 1905 and 1907).
South Dakota (amended in 1909 and 1913), Washington
and Wyoming.

The tax exemption laws directed to the reestablishment of
forest areas enacted in Connecticut, Maine, Massachusetts
and Rhode Island in the seventies were followed by amend-
ments in those states and by similar enactments in Pennsyl-
vania, Indiana, New Hampshire, Vermont, Iowa, Wiscon-
sin, Alabama and Louisiana between 1880 and 1910. Al-
though these laws all contemplated the restoration of
forest growth to areas formerly forested rather than the
establishment of woodlots within regions naturally treeless, as
did the bounty and exemption laws in the states previously
mentioned, the underlying conception as to the results to be

SUMMARY OF STATE FOREST LEGISLATION 221

attained and the provisions as to the methods to be pur-
sued were generally very similar to the laws for the affores-
tation of areas within the prairie and plains region.

Between 1910 and 1916 laws were enacted in Connecticut,
Massachusetts, Michigan, New York, Pennsylvania, and
Vermont which exhibit a broader conception of the possi-
bilities of the production of forest crops on private lands and
which recognize more fully the fact that forest producing
areas are entitled to a different classification from other
lands for purposes of taxation. These laws provide for a
long period of fixed valuation for taxation purposes with a
tax upon the yield when the timber is cut in addition to the
relatively ight land tax during the period of fixed assessment.

In Massachusetts and New Hampshire laws have been
enacted providing that private lands, which may be ac-
quired by the state for forest improvement purposes, may be
repurchased by the former owners at the close of ten years
by the payment of all sums expended thereon by the state
with interest upon the same at four per cent. In North
Carolina private owners of forest land lying at an elevation
of two thousand feet or more above sea level may apply to .
the governor for the classification of such land as “state
forest.” If the governor so designate the land it is given
protection, at the expense of the owner, by special state
appointees, is required to pay a county school tax of one-
half cent per acre, and is managed under a plan formulated
by the state geological survey.

Legislative Encouragement to Municipal Forestry.
In Indiana, Massachusetts, Minnesota, New Hampshire,
New Jersey, New York, Pennsylvania, Vermont and Wis-
consin legislative provision has been made for the acquisi-
tion and maintenance of forests by cities, towns and other
municipalities as a means of deriving a revenue for govern-
mental purposes. In Illinois there is a very comprehensive
law for the establishment of forest districts for esthetic and
recreational purposes, while a number of states have made
special or general provision for forested recretaion parks.

Distribution of Forest Trees for Private and Munici-
pal Planting. In Kentucky, Maryland, Massachusetts,

222 FOREST LAW IN AMERICA

New Hampshire, New York, North Dakota, Pennsyivania,
Vermont and Virginia provision has been made by law for
the distribution of young trees, grown in state nurseries,
to residents of the state or municipalities at cost or upon
terms to be fixed by state forest officials.

Cooperation by the States in Forestry Activities.
In nearly every state having a forestry organization there
is legislative provision for the cooperation of the state offi-
cials with counties, towns, cities, corporations and individ-
uals in the furtherance of all forestry interests within the
state; in several there is express authority for cooperation
with the federal government, especially as to investiga-
tions and fire protection; in a few (e. g. Minnesota) provi-
sion has been made for cooperation with other states; and
in Washington cooperation with the Dominion of Canada
is authorized.

No action by state legislatures was necessary for the
placing of more than one hundred fifty million acres within
public-land states in the status of National Forest. To
authorize the establishment of National Forests within states
that never contained federal public land, or that no longer
had such lands suitable for forest purposes, laws providing for
the acquisition of National Forests have been enacted in Ala-
bama, Georgia, Kentucky, Maine, Maryland, New Hamp-
shire, North Carolina, Pennsylvania, South Carolina, Tenn-
essee, Virginia and West Virginia. Laws specifically
authorizing cooperation with the federal government in
fire protection have been enacted in Connecticut, Ken-
tucky, Minnesota, New Hampshire, Virginia, Washington,
West Virginia and Wisconsin, and cooperation has been
effected under general laws in a dozen other states.

RESTRICTIONS DIRECTED TO THE PREVENTION
OF FOREST FIRES

Closed Seasons for the Setting of Firesin the Open.
Laws forbidding the setting of fires in proximity to marshes,
prairies or woodland and during certain portions of the year
date from the early colonial period. Subsequent to the in-

SUMMARY OF STATE FOREST LEGISLATION PS:

stitution of a national government new laws of this char-
acter were enacted in many of the original states and in the
newly admitted states. Early laws of this character are
still in force in Alabama, Florida, Georgia, Illinois, Iowa,
Kansas, Nebraska, North Dakota, and South Dakota. A
notice to one’s neighbors in advance of the firing of the woods
marshes or prairies, as a means of escaping a penalty or
full liability for all damages caused, is required in Alabama,
Arkansas, Delaware, Florida, Georgia, Illinois, Michigan
(north of the 44th parallel of latitude), Nebraska, Ne-
vada, North Carolina, North Dakota, Oklahoma, Oregon,
South Dakota and Tennessee. Open fires set in Idaho,
New Jersey and Pennsylvania (near producing gas or oil
wells) must be watched. !

Recent Laws Authorize Burning under Permits.
In the states in which laws fixing closed seasons for burning
have been enacted since the rise of the forest conservation
movement, provision is ordinarily made for a burning dur-
ing such season through the issuance of permits by state,
county or town officials. Such permits are issued in Con-
necticut, Idaho, Massachusetts, Michigan, Minnesota, New
Hampshire, New Jersey, New York, Oregon, Pennsylvania,
Rhode Island, Washington, and Wisconsin.

Separate closed seasons in the spring and autumn extend
from March 15 to June 1 and from September 15 to Novem-
ber 15 in Connecticut; from April 1 to May 20 and from
September 10 to November 10 in Pennsylvania. The
closed season extends from March 1 to December 1 in Mass-
achusetts, from April 1 to November 1 in New Hampshire,
from July 1 to October 1 in Idaho, Oregon, Washington, and
from April 1 to December 1 in Rhode Island. In Minne-
sota, New Jersey and New York the entire year is closed,
while in Michigan and Wisconsin each township board
may dec'are a closed season whenever danger from fire is
considered by them unusually great.

The closed season is applicable in New York only to the
fire towns in the Adirondack and Catskill regions, and in

1. A provision of this kind in chapter 397 of the Bessie Laws of Tennessee of
1907 was evidently repealed by chapter 152 of the laws of 191

224. FOREST LAW IN AMERICA

Pennsylvania only to regions in which there are producing
oil and gas wells. The Connecticut and Massachusetts
laws except the burning of material along railroad rights
of way and domestic or agricultural refuse at a distance of
two hundred feet from forest land, or the maintenance
of fires on sandy or barren land, under proper precautions,
by persons over eighteen years of age. The Rhode Island
law allows the burning of domestic, agricultural and rail-
road refuse within one hundred feet of forest land. In
Oregon permits may be issued by county judges, as well as
forest wardens, and the law is not applicable to fires set
under proper precautions and control for the burning of
small quantities of material in the clearing of land; though
the escape of such a fire to the damage of another is declared
to constitute presumptive evidence of a violation of the
law. The Washington law is so stringent as to forbid, ap-
parently any burning in the open during the closed season
without a permit and it requires the cutting down of all
dead trees over twenty-five feet in height before an area is
fired under a permit.

The Extinguishment of Camp Fires. The total
extinguishment of camp fires before leaving them, if in the
vicinity of forest or brush land, is required in Connecticut,
California, Colorado, Idaho (August 1 to May 15), Kansas,
Louisiana, Maine, Massachusetts, Michigan, Minnesota,
Missourl, Montana, Nebraska, Nevada, New York, North
Carolina, North Dakota, Oklahoma, Oregon, South Da-
kota, Tennessee, Vermont, Washington (during the closed
season), West Virginia, Wisconsin and Wyoming.

The Suspension of the Hunting Season. In Con-
necticut, Maine, Massachusetts, New Hampshire, New
York (within the fire towns) Oregon, Vermont and Wash-
ington the governor may in periods of drought suspend
the hunting season. During such period the building of
fires or the discharging of a firearm within forested re-
cions thus closed is unlawful.

The Clearing of a Space for a Fire. Several states
require the clearing away of all inflammable material

SUMMARY OF STATE FOREST LEGISLATION D5)

for a prescribed distance before a fire is set in the open.
Such provisions exist in Alabama, California, Colorado,
Connecticut, Delaware, Kentucky, Maryland and Minne-
sota.

The Setting of Fires by Gun-wads, Matches or Burn-
ing Tobacco. In a number of states the setting of fires
by combustible gun-wads, or by the dropping of burning
matches, cigars, cigarettes, or other burning material is
declared to render the offender subject to the penalties
of the law against the setting of fires in forest, brush or
prairie land. Such provisions exist in Connecticut, Idaho,
Louisiana, Minnesota, New Hampshire, New York, Oregon
and Washington.

General Provisions for the Prevention of Forest
Fires. Within Connecticut, California, Maine, New Hamp-
shire, Oregon and West Virginia it is unlawful to kindle a
fire upon the land of another without his permission, ex-
cept to check a fire already burning. The Oregon law is
applicable to uninclosed land only when due notice is
given that the owner forbids the building of fires. Maine
and Colorado require non-residents camping within forested
districts to employ local wardens or registered guides who
are required to guard against the escape of fires. In Massa-
chusetts there are special restrictions as to the setting of
fires in particular localities by unnaturalized citizens, or
the burning of charcoal in certain localities during a speci-
fied period. In Idaho, Minnesota, Pennsylvania and South
Carolina, the carrying of a naked torch or fire-brand on or
near public forest land or that of another has been for-
bidden. In Maryland, New Hampshire and New Jersey,
persons discovering forest fires are required to extinguish
or report them. Special measures to prevent the setting
of fires along highways or to facilitate the use of highways
as fire lines have been adopted in California, Connecticut,
Kansas, Nebraska, New Jersey, North Dakota and South
Dakota. In Minnesota the creation of fire lines for the
protection of cities and villages especially exposed to
forest fire danger is required and appropriations are made
for fire lines in the northern counties. New York, Ver-
mont and other states have made specific provision for the

226 FOREST LAW IN AMERICA

employment of watchmen by the state, Rhode Island has
provided for the payment of the salaries of look-out men
in equal shares by the state and the town protected; and
New Hampshire has even authorized the condemnation of
land for look-out sites. Massachusetts, New Hampshire
and Vermont have specifically provided for the payment by
the state of expenses connected with conferences of fire
wardens. The releasing of fire-balloons is unlawful in Massa-
chusetts or in the fire towns or adjacent towns of New
York and the sale of them is unlawful in Pennsylvania.
In Washington all dead trees within a radius of twenty-
five feet of each setting of a donkey logging engine must
be cut down, a watchman kept on duty for two hours
after the operation of such engine ceases, and special pre-
cautions in the burning of mill refuse must be exercised.

PROVISIONS FOR THE DISPOSAL OF LOGGING
DEBRIS

The Disposal of Slash in Cutting Operations.
Although it has been recognized for many years that one
of the most prolific sources of destructive forest fires con-
sisted of the brush, tops and other debris left by loggers,
only within recent years has public opinion become suffi-
ciently aroused to enforce measures for the protection of
the public from this menace.

The New York law now requires a lopping of the bran-
ches from all tops, to a point where the size of the top does
not exceed three inches, after all cutting operations within
the ‘fire towns’’ of the forest preserve regions, unless the
conservation commissioner shall have, before the trees are
cut, authorized a different disposition. The Minnesota
law requires that notice of lumbering operations shall be
given the state forester in advance of their commencement
and authorizes him and district rangers to require, under
penalty of a fine, such disposition of the slash as shall be
deemed necessary for the protection of surrounding areas.
Upon failure of a logger to care for the slash, the same may
be disposed of by the state at the expense of the one re-
sponsible for the disposal of it. The Idaho law requires the
disposal of all branches and refuse over four inches in diame-

SUMMARY OF STATE FOREST LEGISLATION 22k

ter in such manner as the district fire warden may direct,
and the Montana law requires a proper disposition of all
debris resulting from cutting operations on state lands.
In Michigan the forest, fish and game wardens may enter
private lands to dispose of inflammable material that
constitutes a fire menace. In Washington the felling of
trees so that the tops lie within green timber belonging to
another is unlawful.

The Disposal of Slash Along Highways, Rail-
roads, etc. <A proper disposition of the slash resulting
from lumbering operations is required adjacent to: (a)
highways in Connecticut, (b) highways, railroads or the
woodland of another in Massachusetts, (¢) railroads in
New Hampshire, (d) highways or railroads in Maine and the
‘fire towns’’ of New York, (e) the watershed of any town or
city water supply in North Carolina, (f) producing oil or
gas wells, or railroads in such regions in Pennsylvania. In
Maine, Minnesota, Oregon and Washington all debris result-
ing from the building of roads, trails or railroads through
forest land must be disposed of properly.

The treatment of Slash as a Nuisance. In Cali-
fornia, New Jersey, Oregon and Washington these are sta-
tutes providing that any area upon which slash has been
left and which is inadequately protected may be declared to
constitute a public nuisance. If, subsequent toa determina-
tion by forest officials that any area is a nuisance and after due
notice, the one responsible for such condition fail or refuse
to abate the same or to guard adjacent property from danger;
the dangerous area may be patrolled (in New Jersey)
or abated by state officials at the expense of the one re-
sponsible for the nuisance.

LEGISLATION REGARDING THE OPERATION OF
RAILROADS AND STATIONARY ENGINES

Development of Such Legislation. The advent of
the railroad locomotive in America was followed promptly
by a legislative recognition of the unusual danger of the
communication of fire therefrom to property adjacent to

228 FOREST LAW IN AMERICA

the track. The early laws making railroad operators
liable for fire damage caused by locomotives, which often
declared the communication of a fire to constitute prima
facie evidence of negligence in the operation of the locomo-
tive, were followed by others affording railroads an insur-
able interest in the property for which they were made
lable. Some of the earlier laws made the railroad operators
liable irrespective of the question of negligence (e. g. Iowa,
Massachusetts, and New Hampshire) and in recent years
this attitude has been announced in several state statutes
(e. g. Arkansas, Ohio and Virginia). The settlement of the
prairie and plains states of the middle west was followed
by the enactment of laws requiring the removal of grass
and other inflammable material or the-plowing or burning
of fire guards along railroad rights-of-way. The rise of
the forestry movement at the close of the nineteenth cen-
tury was marked by the enactment of laws of this character
in timber regions. In the same period, laws requiring spark
arresters on smoke stacks and suitable devices to prevent
the communication of fires from fire-boxes and ashpans
also became common. In several states laws have been
enacted to require the inspection of locomotives and the
rejection of defective ones by state officials. In a few a
patrol of the right of way is required and in Maine the
windows of smoking ears, operated through the forestry
district, must be sereened. The burning of oilin locomotives
on day trains, during all periods of fire danger from April
15 to November 1, is required within the Adirondack for-
est preserve in New York.

Spark Arresters on Smoke Stacks. The use of
spark arresters during the dry season upon locomotives,
not burning oil, operated through forest regions, is required
in Alabama, California, Colorado, Connecticut, Delaware,
Idaho, Kentucky, Maine, Maryland, Massachusetts, Mich-
igan, Minnesota, New Hampshire, New Jersey, New York,
(in “‘fire towns’ only), Ohio (except in December, January
and February), Oregon, Pennsylvania (in oil and gas pro-
ducing regions), (Tennessee) ! Virginia, Washington, West

1. Provision astolo :ging lovomotives in Chapter 397 of 1907 evidently repealed by
Chapter 152 of 1915.

SUMMARY OF STATE FOREST LEGISLATION 229

Virginia and Wisconsin, and upon stationary engines or
boilers in Alabama, California, Delaware, Idaho, Kentucky,
Maryland, Michigan, Minnesota, New Hampshire (on
portable saw mills only), New York (in fire towns only),
Oregon, Virginia, Washington and Wisconsin.

Boats using wood as fuel on navigable waters of Michi-
gan must have suitable spark arresters.

Devices on Fireboxes and Ashpans. Suitable devices
upon fire boxes and ashpans of locomotives are required in
Alabama, California, Colorado, Connecticut, Delaware,
Kentucky, Maine, Maryland, Minnesota, New Hamp-
shire, New Jersey (in general terms), New York, Pennsyl-
vania (in oil and gas regions), Washington, West Virginia
and Wisconsin; and upon other engines and boilers in Ala-
bama, California, Delaware, Kentucky, Maryland, Minne-
sota, New York (in fire towns only), Washington and
Wisconsin.

Inspection and Rejection of Locomotives and Boil-
ers. In Maine, Massachusetts, Minnesota, New Hamp-
shire, New York, Oregon, Washington and Wisconsin pro-
vision is made for an inspection of appliances for the pre-
vention of the setting of forest fires, and in Minnesota,
New York, and Wisconsin the use of defective locomotives,
engines or boilers after their rejection by state officials is a
misdemeanor. In Ohio and Oregon the use of a locomotive
(or stationary engine in Oregon) which is not properly
equipped may be enjoined by resort to the courts. In
practically every state requiringthe use of protective devices,
the operation of a locomotive or other engine without proper
equipment may be punished by a fine.

The Deposition of Live Coals or Ashes. In Idaho,
Louisiana (does not apply within rails), Maine, Massa-
chusetts, Michigan, Minnesota, New Jersey (in general
terms), New York, Pennsylvania (in oil and gas regions
only), (Tennessee), ! Washington, West Virginia and Wis-
consin the depositing of fire, bve coals or ashes along the

1. Provision in Chapter 397 of 1907 probably repealed by Chapter 152 o 11915.

230 FOREST LAW IN AMERICA

right of way within or near forest land by railroad employees
is forbidden under penalty of a fine. There are similar
provisions as to threshing engines in California and Michi-
gan.

The Clearing of Inflammable Material from Rights
of Way. In Colorado, Idaho, Illinois, Kentucky, Louisi-
ana, Maine, Massachusetts, Michigan, Minnesota, Missouri,
Montana, Nebraska, New Mexico, New York, North Dakota,
Ohio, Oregon, Pennsy]vania (in oil and gas producing re-
gions), Virginia, West Virginia, Wisconsin and Wyoming
there are laws requiring the removal of inflammable material
from the rights of way of railroads once or twice annually.

The laws in Colorado, Illinois, Kentucky, Missouri,
Nebraska, New Mexico, North Dakota, Ohio, Virginia, and
Wyoming were not primarily directed to the prevention of
forest fires and the requirement as to clearing is not limited
to forest lands. If a railroad fails to comply with the law
in Missouri the owner of adjacent land may clear away the
material and collect double the cost, in Ohio he may collect
single cost, and in Oregon the clearing may be done by the
state forester and the cost collected for the state. East of
the Caseades in Oregon rights of way must be mowed an-
nually, and thecost of mowing may be collected by an ad-
jacent owner. In Oregon, Wisconsin and Wyoming the
railroad operators may be relieved from such clearing in
places where it is considered unnecessary as a means of
protection; while in Maine and Minnesota all burning of
old ties or other material along railroad rights of way
may be forbidden in dangerous periods. In North Carolina
eare in burning along a railroad right of way is required
under a general statute.

The Construction of Fire-breaks Adjacent’ to
Rights of Way. In Colorado, Minnesota, Montana, New
Mexico, South Dakota and Wyoming the construction of
fire breaks adjacent to railroad rights of way is authorized
or required and under recent laws in Massachusetts, New
Hampshire and Rhode Island railroad operators are author-
ized, under the supervision of state officials, to enter private

SUMMARY OF STATE FOREST LEGISLATION heal

lands adjacent to their rights of way, for the purpose of
removing inflammable material. The New Jersey law of
April 12, 1909 requiring the construction of fire-breaks
adjacent to railroad rights of way without compensation
to the adjacent owners has been declared unconstitutional.

The Patrol of Rights of Way. A patrol of railroad
rights of way may be required in dangerous seasons in Maine
(in forestry district), Minnesota, New Hampshire, New
Jersey, New York, Pennsylvania (in oil and gas regions),
Washington, West Virginia and Wisconsin. !

SYSTEMS OF FOREST FIRE CONTROL

Direction of Control by the State. In California,
Connecticut, Kentucky, Louisiana, Maryland, Massachu-
setts, Minnesota, Montana, New Hampshire, New Jersey,
North Carolina, Oregon, Texas, Vermont, and Washington,
the state forester is charged with the supervision of forest
fire control. However,in Massachusetts and New Jersey a
state fire warden is in direct charge. In Idaho the state
land commissioners, in Maine the forestry commissioner, 1n
New York the superintendent of forests, in North Dakota
the state forest warden, in Pennsylvania the bureau of
forest protection, in Rhode Island the commissioner of
forestry, in South Dakota the forest supervisor and in
Wisconsin the forestry member of the conservation com-
mission has charge of forest fire protection. In Michigan,
Tennessee and West Virginia the direction of forest fire
control is vested in the state forest, fish and game commis-
sioner, which officer is subject to the direction of the Pub-
lic Domain Commission in Michigan.

In all of the above named the state not only pays the
salaries of the officials engaged in fire prevention work
but also pays a large part or all of the expense of controlling
fires, at least within such portions of a state as are devoted
especially to forestry purposes. Thus in Louisiana the
whole expense of maintaining the state forestry depart-

1. For citations of railroad fire prevention acts in the various states see ‘‘The
Essentials of American Timber Law, Kinney, p. 121.

2352, FOREST LAW IN AMERICA

ment, including fire protection expense, is paid from a
special forestry fund derived from a license tax on forest
products. Within the ‘‘forestry district’’ of Maine the state
pays all expense from a special tax levied within the said
district; within the area north of township twenty north in
Michigan, one-third; within ‘‘fire towns”’ of the forest pre-
serve counties of New York, one half. The state pays four-
fifths of fire control in Pennsylvania, two-thirds in Oregon
and Washington, and one-half in Connecticut, Maryland,
New Hampshire, New Jersey and Rhode Island. In Massa-
chusetts one-half of the amount expended by local com-
munities for fire breaks or apparatus for fire prevention is
refunded from state appropriations.

Local Control with General State Supervision. In
Alabama, Ca'ifornia, Colorado, Delaware, North Carolina,
North Dakota, Virginia and West Virginia there is a certain
amount of state supervision but the expense of fire control
is borne by the counties or individuals interested.

The duty of controlling forest fires is vested: for Ala-
bama,in county game and fish wardens, sheriffs and other
county officers; for California, in wardens appointed by the
state forester at the request and expense of counties and
individuals; for Colorado, in sheriffs and their deputies
for North Carolina, in township and district wardens ap-
pointed by the state forester at local expense; for North
Dakota, in county supervisors or commissioners; for Vir-
ginia,in wardens appointed by the state geological survey;
and for West Virginia, in local deputy fish and game wardens.

Local Control without State Supervision. In a
number of states the cost of fire control is met entirely from
local funds without state supervision. Such is the ease in
Indiana, Iowa, Maine (outside the “forestry district’’),
Michigan (south of township twenty-one north), New York
(outside the ‘‘fire towns’’), Ohio, South Carolina (board of
assessors to control), Utah (sheriffs to control), and Wis-
consin (town officials control, but special wardens paid
by state and county in equal shares.)

General Provisions as to Control. In Alabama, Cali-

SUMMARY OF STATE FOREST LEGISLATION 233

fornia, Colorado, Connecticut, Idaho, Indiana, Iowa, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Montana,
New Hampshire, New Jersey, New York, North Carolina,
North Dakota, Ohio, Pennsylvania, Rhode Island, South
Carolina, South Dakota, (Tennessee) 1, Vermont, Washing-
ton, West Virginia and Wisconsin there is now specific
_ legislative authority for the requiring of the services of
citizens and property in the controlling of existing fires and
in many of these states (e. g. Connecticut, Idaho, Maine,
Massachusetts, Michigan, Minnesota, New Hampshire,
New Jersey, New York, North Carolina, Oregon, Penn-
sylvania, Rhode Island, Vermont and Washington) a
patrol in times of unusual danger is authorized. In Oregon,
private owners may be required to exercise a patrol equal
to that maintained by one half of the timberland owners in
the locality. Residence of an owner in the immediate vi-
cinity of the land is deemed a sufficient compliance with the
Oregon requirement as to a patrol.

The power to arrest offenders detected in the violation of
state forest laws is vested in specially-appointed forest
officers or in game wardens, sheriffs, or other executive or
judicial officers in Alabama, California, Colorado, Con-
necticut, Idaho, Maine, Maryland, Massachusetts, Michi-
gan, Minnesota, Montana, New Hampshire, New Jersey,
New York, North Carolina, Oregon, Pennsylvania, Rhode
Island, Tennessee, Vermont, Virginia, Washington, West
Virginia and Wisconsin.

LIABILITY FOR FIRE DAMAGE AND PENALTIES
FOR VIOLATIONS OF FOREST LAW

Civil Liability for Fire Damages. Under the common
law any one who wilfully or negligently sets a fire on the
land of another or allows one to escape from his own land
may be required to respond in damages for the injury
caused. In many American states the common law has
been supplemented by statutes declaring that such persons
shall be liable for all dmages, and in several the law pro-

1. Chapter 397 of 1907 probably repealed by Chapter 152 of 1915.

234: FOREST LAW IN AMERICA

vides for multiple civil damages (e. g. California, Michi-
gan, Missouri, Nevada and Oregon).

In determining the damage suffered through the injury
of trees by fire, courts have admitted evidence as to the
value of the trees as protectors of the land or other trees
and even as to the cost of reproducing them artificially. 4

Statutes specifically provide that fire damage may in-
clude: injury to the land and vegetation in California and
Oregon; the value of the trees as conservators of water and
as a benefit to other trees in Colorado; and the cost of pro-
ducing trees artificially in Louisiana.

In Maine any one injured by a fire because of the neglect
of the selectmen to perform their duty is given a specific
right of action against the town for the damages, suffered.

In recent years several states have enacted laws that allow
the state, municipality or private individual to recover,
from the party responsible for a forest fire, the cost of ex-
tinguishing or combatting the fire, in addition to the ac-
tual damages suffered. There are provisions of this char-
acter in California, Delaware, Kentucky, Louisiana, Mary-
land, New York, Oregon, Virginia, West Virginia, and Wis-
consin. In New Jersey the commission of Conservation
may permit an offender to pay to the state the cost of ex-
tinguishing a forest fire in lieu of the prescribed penalties,
if the setting of the fire was not willful or malicious. In Conn-
ecticut, Massachusetts, Minnesota and New Hampshire rail-
road operators have specifically been made liable for the cost
of extinguishing a fire set by them or their employees, in
addition to other damages.

Criminal Liability for Forest Fires. In every Ameri-
can state there are now penalties for the willful or malicious
firing of the woods, marshes or prairies and in most states it
is a misdemeanor to negligently permit a fire to spread so
as to injure or endanger the property of another. 2 The
statutes are construed strictly, but there has been a de-
cided tendency in recent years to make such laws more

1. See cases cited pp. 74 to 77 of ‘The Essentials of American Timber Law.’’—
Kinney.

2. For citations of statutes see ‘‘The Essentials of American Timber Law" Kinney,
pp. 118 and 119.

Or

SUMMARY OF STATE FOREST LEGISLATION 235

comprehensive as a means of preventing the careless setting
of fires. Most laws now provide for maximum and mini-
mum fines and for imprisonment.

Penalties for the Violation of Various Forest Laws.
Nearly all of the laws imposing restrictions as to the build-
ing of fires, disposal of slash, operation of railroads, ete.,
provide for the imposition of fines for violations of their
provisions. The willful destruction of fire warning notices
is punishable by a fine in California, Colorado, Connecti-
cut, Idaho, Louisiana, Maine, Massachusetts, Maryland,
Michigan, Minnesota, Montana, New Jersey, New York,
North Carolina, Oregon, Pennsylvania, Rhode Island,
Vermont, Washington and Wisconsin and in New York any
willful interference with fire protective supplies is a specific
offense. In many states informers are allowed moieties of the
fines collected. In a majority of the states the net collec-
tions are covered into the general fund of the state; but in a
few they are credited to a special fund for school or forestry
purposes.

CHAPTER VII

Federal Legislation for the Protection and Ad-

ministration of the’ Forests Belonging to the

United States Enacted prior to January First
Nineteen Hundred Seventeen

LEGISLATION DIRECTED TO THE MAINTENANCE
OF A SUPPLY OF TIMBER FOR NAVAL PURPOSES

During the Revolutionary War and the succeeding period
of the Confederation the relationship of the American States
was not such as to promote the establishment of a national
navy.

The repeated depredations of Algerine pirates upon Amer-
ican merchant vessels subsequent to the adoption of the
Constitution led to a demand for a national navy, and by
act of March 27, 1794 (1 Stat. L., 350),Congress authorized
the President to provide, by purchase or otherwise, four
ships of forty-four guns each and two of thirty-six guns
each. This was followed by supplementary acts of April 20,
1796 4 Stat. L.,; 453), July 1,°1797 1 Stat. 1b. 523)) ane
April 27, 1798 (1 Stat. L., 552). The latter act which was
prompted mainly by the aggressions of the French navy
upon American merchantmen, authorized the President to
build, purchase or hire not exceeding twelve vessels carry-
ing not over twenty-two guns. each.

An act of April 30, 1798 (1 Stat. L., 553), established a
new executive department, the chief officer of which was
to be called the Secretary of the Navy. A part of the Sec-
retary’s duty was defined to be the procurement of naval
stores and equipment and the construction of vessels of war.

The building of the vessels authorized by these early
acts served to impress upon government officials the neces-
sity of making provision for a future supply of timber suita-

236

FEDERAL LEGISLATION PRIOR TO 1875 Dae

ble to the purposes of national defense and by an act of
February 25, 1799 (1 Stat. L., 622), Congress appropriated
two hundred thousand dollars for the purchase of timber
or of lands on which timber suitable for purposes of naval
construction was growing and for the preservation of such
timber for future uses. Under authority of this act the
President purchased two islands off the coast of Georgia.
These were Grover’s Island, comprising about 350 acres,
purchased December 13, 1799, for a consideration of seven
thousand five hundred dollars, and Blackbeard’s Island,
with an area of 1,600 acres, purchased in April of the fol-
lowing year for fifteen thousand dollars.

Foreign relationships becoming more amicable presently,
on March 3, 1801 (2 Stat. L., 110), Congress authorized a
retrenchment in the naval establishment to a peace basis
in which only six frigates should be retained in constant
service. Two years ’‘later—April 30, 1803—France ceded
to the United States the vast domain known as Louisiana.
It is probable that the assurance in the minds of govern-
ment officials that there were abundant supplies of timber
near the mouth of the Mississippi, as well as the lack of
interest in naval armament, tended to delay any further
proposed purchases of timber land under the act of Febru-
ary 25, 1799.

This national apathy was soon disturbed. In 1812 the
second war with Great Britain came and the navy was,
of necessity, greatly increased. ! So brilliant was the
success of the American navy in this war and so convinced
was the nation of the advantage of maintaining an effi-
cient navy as a means of national defense, that an act of
April 29, 1816 (8 Stat. L., 321), passed after the close of
the war, contemplated a gradual increase of the navy and
carried an appropriation of one million dollars per annum for
a period of eight years. Thus the United States entered
upon a definite policy of naval expansion.

But in those days ships were made only of wood and
this policy of navy building raised again the question of
supplies. The result was that an act of March 1, 1817

1. See Acts of March 30, 1812 (2 Stat. L., 699); January 2, 1813 (2 Stat. L., 789);
April 18, 1814 (3 Stat. L., 139); and November 15. 1814 (3 Stat. L., 144).

238 FOREST LAW IN AMERICA

(3 Stat. L., 347), required the Secretary of the Navy,
under the direction of the President, “‘to cause such va-
cant and unappropriated lands of the United States as
produce the live oak and red cedar timbers to be explored
and selection to be made of such tracts or portions thereof,
where the principal growth is of either of the said timbers,
as in his judgment may be necessary to furnish for the
navy a sufficient supply of the said timbers.’’ The Secre-
tary was authorised to appoint an agent or agents and a
surveyor to examine and select tracts, their report to be
subject to approval in whole or in part by the President.
The tracts finally selected by the President were to be re-
served from sale as public lands, unless otherwise directed
by law, and be appropriated to the sole purpose of supply-
ing timber for the navy of the United States.

Section two of this act imposed a fine of not over $500
and imprisonment for not over six months for the offense
of cutting or removing any timber of any kind from the
lands so reserved, or that of cutting or removing any live
oak or red cedar from any other public lands of the United
States with the intent of disposing of it for transportation
to any port or place within the United States or for expor-
tation to any foreign country. Section three provided for
the forfeiture of any vessel, the master, owner or consignee
of which should knowingly take on board any timber cut
or removed from lands of the United States contrary to
the provisions of section two, and section four imposed a
forfeiture of one thousand dollars upon the -captain or
master in addition to the forfeiture of the vessel, if such
timber were exported to a foreign country. Section five
required that all penalties and forfeitures under the act be
collected and distributed as under section 91 of a general
impost act of March 2, 1799 (1 Stat. L., 697), and provided
for a mitigation in the discretion of the Secretary of the
Treasury as under Section 1 of an act of March 3, 1797
(i Stat. L., 506).

An act of May 15, 1820 (3 Stat. L., 607), repealed the
provision in the act of March 1, 1817, authorizing the ap-
pointment of an agent or agents and a surveyor by the
Secretary of the Navy, and devolved the duties of such

FEDERAL LEGISLATION PRIOR TO 1875 239

officials upon surveyors of the public lands who should be
designated by the President.

On February 22, 1819, at Washington, the treaty by which
Spain ceded Florida to the United States was signed by
the accredited representatives of the two nations. There
were valuable stands of live oak in Florida, and depreda-
tions were common. February 23, 1822 (3 Stat. L., 651),
Congress authorized the President to employ so much of ©
the land and naval force of the United States as should be
necessary to effectually prevent the cutting and carrying
away of the timber of the United States in Florida, and to
take such other measures as he should deem advisable for
the preservation of such timber.

An agent of the government who had been appointed in
1825 to investigate the resources of Florida as to timber
supplies for the navy, reported that live oak was being ex-
ported in considerable quantities from eastern Florida.
As a result of his report the Secretary of the Navy, in Jan-
uary, 1827, recommended the purchase of timberland, the
reservation of timberland, the purchase of large quantities
of timber, and the planting of trees on land already owned
by the government.

By act of March 3, 1827 (4 Stat. L., 242), Congress ap-
propriated five hundred thousand dollars per annum for a
period of six years for the purpose of gradually improving
the navy. Section three of this act authorized the Presi-
dent to take proper measures to preserve the live oak tim-
ber growing on the lands of the United States and to re-
serve from sale such lands as should be found to contain
live oak or other timber in sufficient quantity to render the
same valuable for naval purposes. An attempt at the cul-
tivation of live oak was made under this act. The use of
ten thousand dollars of the amount appropriated for the
improvement of the navy under the act of March 3, 1827,
in the purchase of lands suitable for a supply of live oak and
other timber for the navy was authorized on March 19,
1828 (4 Stat. L., 256).

The need of protecting the timber on the lands reserved
and purchased was apparent, and an act of March 2, 1831
(4 Stat. L., 472), imposed a fine of not less than three times

240 FOREST LAW IN AMERICA

the value of the timber and imprisonment for not exceeding
twelve months upon any one who should cut, wantonly
destroy, or remove any live oak, red cedar or other timber
standing, growing or being on any lands theretofore or
thereafter reserved or purchased by the United States for
the use of the navy, unless he be duly authorized to remove
such timber for the use of the United States. The same
penalties were to be inflicted upon any one who should cut
or remove any live oak, red cedar, or other timber from any
other lands of the United States with intent to export it
or use it for any other purpose than for the navy of the
United States. Section two of this aet provided for the
complete forfeiture of any vessel which should take on
board any timber cut and removed from government lands
contrary to the provisions of section one, and imposed an
additional fine of one thousand dollars upon the captain
or master of any vessel wherein any timber should be thus
unlawfully transported to a foreign country. This act su-
perseded section two of the act of March 1, 1817, and has
remained until today the fundamental law as to the offense
of cutting, wantonly destroying, or removing timber from
public lands of the United States.

An act of March 2, 1833 (4 Stat. L., 646), which was
additional to the act of March 3, 1827, continued the ap-
propriation of five hundred thousand dollars per annum
for another six years. Section three of this act required
“all collectors of customs within the territory of Florida,
and the States of Alabama, Mississippi and Louisiana,
before allowing a clearance to any vessel laden in whole or
in part with live oak timber, to ascertain satisfactorily
that such timber was cut from private lands, or, if from
public ones, by consent of the Navy Department.”’

Under authority of these various acts approximately
twenty-five thousand acres of timberland were reserved
and purchased in many separate parcels in the States of
Georgia, Florida, Alabama, Mississippi and Louisiana.
The government experienced difficulty in preventing tres-
passes upon these lands by timber thieves and encroach-
ments by settlers, and before the middle of the nineteenth
century was reached it was established to the satisfaction

FEDERAL LEGISLATION PRIOR TO 1875 241

of government officials that there was no timber of any real
value to the navy on some of the tracts. On March 3, 1843
(5 Stat. L., 611), Congress opened to settlement certain de-
seribed lands which had been reserved in 1832 for their
supposed value as sources of supply of live oak for the navy.

The development of a new era in shipbuilding was presaged
in an act of April 14, 1842 (5 Stat. L., 472), authorizing the
Secretary of the navy to “contract with Robert L. Stevens
for the construction of a war-steamer, shot and shell proof,
to be built principally of iron, upon the plan of said Stevens,”
and one of June 15, 1844, (5 Stat. L., 669), which contained
an item reading: “for the building of an iron steamer at
Pittsburgh, Pennsylvania, on Lieutenant Hunter’s plan,
and now in progress of construction there, one hundred
thousand dollars.”’

On March 3, 1853 (10 Stat. L., 259), the cedar lands which
had been reserved in Clarke County, Alabama, under the
act of March 1, 1817, for naval purposes, were opened to
sale like other public lands. The development of the art
of building iron ships subsequent to the Civil War removed
the necessity for maintaining naval timber reserves. March
3, 1879, (20 Stat. L., 470), Congress authorized the restora-
tion to the public domain of all such reserves in Florida,
except the navy yard at Pensacola, which the Secretary
of the Navy should certify to the Secretary of the Interior
as no longer needed for naval purposes. <A _ simlar
act affecting all tracts within the States of Ala-
bama and Mississippi was passed March 2, 1895 (28 Stat.
L., 814). It is understood that certain small tracts within
the State of Louisiana are still held by the national govern-
ment in the status of naval reserves.

Although little interest was manifested in the mainte-
nance of public timber reserves during the four decades
following 1850, considerable attention was directed to the
prevention of timber trespass upon public lands by those
who had not complied with the very liberal provisions of
the laws under which title to public lands might be obtained.
Thus the trespass section in the act of March 2, 1831, was
supplemented by an act of March 3, 1859 (11 Stat. L., 408),
and the provisions of these two acts were incorporated in

242 FOREST LAW IN AMERICA

the Revised Statutes of 1878 as sections 2461 and 5388,
respectively. However, the provisions of these sections
were modified in the interests of actual settlers and local
residents by an act of April 30, 1878 (20 Stat. L., 46) and
one of June 3, 1878 (20 Stat. L., 89). On June 4, 1888 (25
Stat. L., 166) section 5388 of the Revised Statutes was
amended so as to make its penalties applicable to the
cutting of timber from lands within Indian reservations.!

FEDERAL LEGISLATIVE DEVELOPMENTS BETWEEN
1875 AND 1900

With the scientific progress that removed the need for
governmental reserves to insure an adequate supply of
timber suitable for shipbuilding came an era of industrial
development unprecedented in the history of the world.
The marvelous increase in the amount of timber required
for domestic enterprises and for foreign exportation sub-
sequent to 1850 led to a rapid depletion of the more accessi-
ble supplies of timber in the northern states. However,
it was not until after the close of the Civil War that any
general interest was awakened as to the possibility of an
ultimate exhaustion of timber resources. In the decade
beginning with the year 1865 several influential publicists
pointed out the wasteful manner in which the natural for-
ests were being exploited, and urged the adoption of means
for the conservation of existing forests and the extension
of tree growth in treeless regions and on denuded areas.

At its annual meeting in August, 1873, the American
Society for the Advancement of Science arranged for the
appointment of a committee to present to the Federal
Congress and the several state legislatures the advisability
of legislation directed to the extension and preservation of
forests in the United States. The report which this com-
mittee prepared was transmitted to the Forty-third Con-

1. Cf. Act of Mar. 3, 1875 (18 Stat. L. 481) imposing a penalty for the injuring of trees

on lands reserved by the U. 8. for public purposes. This Act not applicable to
public domain.

See Act of June 3, 1878 (20 Stat. 88) for benefit of miners and agriculturists,
imposing penalty of $500 or six months’ imprisonment for violation of act or
regulations the reunder, and Act of Aug. 4, 1892, (27 Stat. L. 348) extending pro-

vision of timber and stone Act of June 3, 1878, (20 Stat. L., 89) to all public land
states.

FEDERAL LEGISLATION BETWEEN 1875 AND 1900 243

eress with a special message by President Grant. The
Federal legislature had previously enacted the timber
culture act of March 3, 1873 (17 Stat. L., 605), which was
amended on March 13, 1874 (18 Stat. L., 21), and on May
20, 1876 (19 Stat. L., 54), but the first real recognition of
the importance of forestry investigation as a branch of the
governmental service came in the form of an item in the
general legislative, executive and judicial appropriation
act for the fiscal year ending June 30, 1877.1. This act di-
rected the Commissioner of Agriculture to appoint a quali-
fied person to gather forestry statistics of general nature
and to transmit the report of such person to Congress.
Subsequent appropriation acts contained provisions for
the continuance of forestry investigations. in 1881 the
forestry work was organized as a separate office under the
Commissioner of Agriculture, and by an act of June 30,
1886 (24 Stat. L., 100, 103), this office received statutory
recognition as a distinet division of the Department of
Agriculture.

During the decade following the establishment in 1881
of forestry investigations as a regular part of the agricul-
tural work of the executive branch of the national govern-
ment, no real advance in federal forestry legislation may
be noted.? The appropriation of five thousand dollars in
1881 was increased to ten thousand dollars in 1883, but the
latter amount remained the fixed annual appropriation
available each year prior to 1891. With this small amount
little could be accomplished beyond the dissemination of
information as to the existing conditions and the aims of
forestry science and practice.

While the forestry division of the national department
of agriculture was giving advice as to planting within areas
where real forests could never be successfully established,
and as to reforestation in regions where the growing of
timber as a crop was not economically profitable, another
executive department under the direction of a national law
was diligently engaged in disposing of federal timber lands.
However, the man charged with the administration of the

1. Act Aug. 15, 1876 (19 Stat. L., 143, 167). Cf. Act Mar. 3, 1877 (19 Stat. L., 360).
2 See Instructions of General Land Office, Sept. 19, 1882 (1 L. D. 696), directing
special timber agents to require tops cut up and to control fires.

244 FOREST LAW IN AMERICA

division of forestry was not unmindful of the absurdity of
the situation, and largely through his efforts, and those of
his associates in the American Forestry Association, a
half-concealed but radical step in the national policy as to
public forests was taken by Congress in an act of March
3, 1891 (26 Stat. L., 1095, 1103). Section twenty-four of
this act, entitled ““An Act to repeal timber-culture laws,
and for other purposes,’”’ authorized the President to estab-
lish forest reservations in any state or territory having pub-
lic lands wholly or in part covered with timber or under-
erowth, whether of commercial value or not.1

It is interesting to note that this act marking so radical a
change in the policy of the nation as to public timber lands
was enacted sixty years, to a month, from the last pre-
ceding congressional act contemplating a general reserva-
tion of lands for timber conservation purposes.? During
this long period the pineries of the northern states which had
seemed inexhaustible in 1831 had largely disappeared; the
future exhaustion of the timber supply of the southern
states had become apparent to the far-sighted; and the
transference of the title, from the federal government to
private individuals and corporations, of vast areas of the
incomparable forests of the Pacific coast region had been
effected.

However, so immense an empire had been acquired
through the French and Mexican cessions and the Lewis
and Clark explorations that even the greed of the home-

1. eee Act Oct. 1, 1890 (26 Stat. L., 650), creating certain forest reservations in Cali-
ornia.

2. Comparatively limited and isolated tracts had been reserved for a wood supply
for military reservations.
Fort Leavenworth, Kan., established, June 21, 1838; Act of 1841, 939 A,
Fort Walla Walla, Wash. established May 22, 1859, Relin. Oct. 7, 1869.
See Act Mar. 22, 1876 (19 Stat. 417.)
Camp Independence, Cal. established Jan. 23, 1866, Reling. July 22, 1884.
Fort Hallaeck, Nevada, established Oct. 4, 1870, Reling. Oct. 11, 1866.
Fort Colville, Wash., established, Jan. 27, 1871, Reling. Feb. 26, 1887.
Fort Fetterman (old reserve), established, Aug. 29, 1872, Reling. July 22, 1884.
Whipple Barracks, Ariz., established, June 30, 1873, Reling. July 22, 1884.
Fort Fetterman, Wyo. (new), established, Feb. 9, 1877, Reling. July 22, 1884.
Fort Missoula, Mont., established, Feb. 19, 1877; Aug. 5, 1878.
Fort Robinson, Neb., established, Oct. 4, 1879.
Fort Russell, Wyo., established, Nov. 4, 1879; Feb. 25, 1880.
Fort Sidney, Neb., established, May 31, 1880, Reling., Nov. 5, 1894.
Fort Fred Steele, Wyo., established, Nov. 9, 1880, Reling., Aug. 8, 1886.
Fort Laramie, Wyo., established, Feb. 9, 1881.
Fort Wingate, N. Mex., established, Mar. 26, 1881.
Fort Meade, S. Dak., established, Apr. 8, 1881; Sept. 16, 1889.
Fort Thornburg, Utah, established, May 12, 1883, Reling. July 22, 1884.
Fort Sill, Okla., established, June 4, 1892.
For further information as to many of these reservations, see Report of Com-
missioner of General Land Office for 1901, pp. 178 to 195, and United States
Military Reservations, etc., War Dept., Wash., D. C., Rev. Ed. 1916.

’ FEDERAL LEGISLATION BETWEEN 1875 AND 1900 245

steader and the cupidity of the railroad and timber corpor-
ations had not been equal to the task of taking full advan-
tage of the reckless indifference of a laissez faire policy.
When the belated act of March 3, 1891, authorized the res-
ervation of public forest resources for the benefit of the
public there were, happily, still millions of acres covered
with magnificent forests which had not passed into private
ownership under the homestead acts, the timber and
stone act of 1878 (20 Stat.,89),and the numerous acts grant-
ing lands to states, railroads and other corporations.

Under the administrations of Presidents Harrison! and
Cleveland ? extensive areas were withdrawn from sale or
entry and proclaimed national forest reserves. However,
such withdrawal provoked bitter opposition on the part of
many inhabitants and interests in the West, and for several
years the general public seemed to have little comprehen-
sion of the new development in national life that was pos-
sible of fulfillment under the “‘rider’’ that had been appended
to the law repealing the timber culture acts. In fact, so
brief and general in terms was the section in the act of 1891,
authorizing the proclaiming of forest reserves, that discus-
sion arose as to the actual intent of the Congress in enact-
ing this legislation and as to the authority possessed by the
President thereunder. Furthermore, no legislative provi-
sion had been made for the administration of the millions
of acres that had been set aside as forest reserves. An
act of June 11, 1896 (28 Stat. L., 413, 482), authorized an
investigation under the direction of the National Academy
of Sciences for the purpose of submitting recommendations
as to a national policy regarding forest reserves.

An act of June 4, 1897 (30 Stat. L., 11, 34), undertook to
clarify the legal status of the national forest reserves which
had been created by presidential proclamations under
section 24 of the act of March 3, 1891, and to provide for
their administration. This act confirmed the power of
the President to revoke, modify or suspend all Executive
Orders regarding national forest reserves from time to time

. 26 Stat. L., p. 1565; 27 Stat. L., 994-1068.
. 28 Stat L., p. 1240: 29 Stat. L., 893-911. Cf. Act June 4, 1897, (30 Stat. L., 34)
suspending proclamations of Feb. 22, 1897.

Noe

246 FOREST LAW IN AMERICA

as he might deem best for the public interest; announced
the purpose of the creation of such reserves, and defined
in a general way the character of land to be included therein;
authorized the Secretary of the Interior to make provisions
for the protection of the forests against fire and depredations,
and attached the penalties of the act of June 4, 1888 (25
Stat. L., 166), to violations of such regulations; provided
for the sale of timber after due advertisement for not less
than sixty days in two newspapers of general circulation
in the state or territory where the reservation existed on
condition that the timber be not exported therefrom; per-
mitted the free use of timber on such reservations by bona
fide residents for agricultural and mining purposes and other
domestic uses; safeguarded the rights of settlers, miners and
other residents; and provided for the restoration to the
public domain of lands within the forest reserves found to
be chiefly valuable for agricultural or mining purposes.

To make mineral, medicinal and other springs within
the public forest reserves available for public use the
Seeretary of the Interior was authorized, on February 28,
1899 (30 Stat. L., 908), to lease suitable lands near such
springs.

Successive general acts of March 3, 1899 (30 Stat. L.,
1095), February 9, 1900 (31 Stat. L., 21) and June 6, 1900
(31 Stat. L., 614), provided that those charged with the
field administration of the forest reservations should aid in
the enforcement of the fish and game laws of the states and
territories in which the respective forests were located. The
act of March 3, 1899 (30 Stat. L., 1097), also regulated the
survey of lands within forest reservations, and a “‘deficiency”’
act of the same date (30 Stat. L., 1233), extended over the
forest reserves the existing law authorizing the Secretary of
the Interior to grant rights of way across the publie lands
for wagon roads, railroads and other highways, wherever
the granting of such a right would not injuriously affect the
public interest (Cf. 30 Stat., 1214).

The forest reserve area was greatly increased in the
closing years of the nineteenth century by proclamations
promulgated by President McKinley.!

1. 30 Stat. L., pp. 1767-1788; 31 Stat. L., pp. 1953-1956.

FEDERAL LEGISLATION BETWEEN 1900 AND 1916 247

FEDERAL FOREST ADMINISTRATION LEGISLATION
DURING THE FIRST SIXTEEN YEARS OF THE
TWENTIETH CENTURY

The first federal aet specifically providing for the ad-
ministration of the national forest reserves, approved by
the President on June 4, 1897, had provided for the selec-
tion of lands outside of forest reserves in lieu of lands claimed
under the homestead law within reserves. This was amended
by act of June 6, 1900 (31 Stat. L., 614), so as to confine lieu
selections to vacant non-mineral surveyed public lands
subject to homestead entry, and the lieu selection provi-
sions were completely repealed March 3, 1905 (33 Stat. L.,
1264). }

On June 6, 1900 (31 Stat. L., 661), the provisions of the
act of June 4, 1897, regarding the administration of forest
reserves were amended so as to require but thirty days’
advertisement of a timber sale in one or more newspapers
within the state or territory; to permit cutting in advance
of the completion of a sale where circumstances were
urgent; to authorize sales of less than one hundred dollars
worth of timber without advertisement; and to allow
private sales in excess of that amount to be made at not
less than the appraised value where no bid was received in
response to an advertisement or where the successful bidder
failed to comply with his agreement. The act of June 6,
1900 excepted reserves within the State of California from
its provisions, but the agricultural appropriation act ap-
proved June 30, 1906 (34 Stat. L., 669),removed this ex-
ception.

On February 1, 1905 (33 Stat. L., 628), the adminis-
tration of the national forest reserves was transferred from
the Secretary of the Interior to the Secretary of Agriculture
and the exportation of pulp wood or wood pulp manufac-
tured from timber in the district of Alaska was authorized.
On March 4, 1907 (34 Stat. L., 1256), Congress declared
that thereafter the forest reserves should be called national
forests, and forbade the creation of any more national

Ub ONG or Land. Dec. 28 L. D. 57; 29 L. D. 365; 34 L. D. 657; 35 L. D. 158; 84 Fed.
71; 33 Mont. 821; 83 Pac. ‘Rep. 879.

248 FOREST LAW IN AMERICA

forests, or additions to existing ones, by executive order
within the States of Oregon, Washington, Idaho, Montana,
Colorado or Wyoming.! An act of May 23, 1908 (35
Stat. L., 251), authorized the Secretary of Agriculture to
permit the exportation from all states of timber cut on
National Forests except that cut on the Black Hills National
Forest in South Dakota, from which dead and insect in-
fested timber might be exported for a limited time under
certain conditions. There have been several subsequent
special provisions as to the Black Hills Forest? and the
Secretary was given discretion as to all states in an
act of March 4, 1913 (87 Stat. 839). On August 24,
1912 (37 Stat. L., 497), the further creation of National
Forests in California by executive order was forbidden.

An act of February 6, 1905 (33 Stat. L., 700) * gave all
persons employed in the forest-reserve or national park-
services of the United States authority to make arrest for
violations of the laws and regulations relating to these por-
tions of the public domain; and an act of May 23, 1908
(35 Stat. L., 251), declared that thereafter officials of the
Forest Service designated by the Secretary of Agriculture
should aid in the enforcement of state and territory laws re-
garding stock, fish, game and forest fires. 4

An act of June 11, 1906 (34 Stat. L., 233), provided for
the acquiring of homestead rights within national forests
subsequent to the creation of the forest, and one of August
10, 1912 (37 Stat. L., 269), required the Secretary of Agri-
culture to select, classify and segregate as soon as practicable
all lands within national forests suitable for homestead en-
try and directed him to sell matured, dead, and down tim-
ber to homestead settlers and farmers at actual cost. On
June 25, 1910 (36 Stat. L., 855), Congress authorized the
making of Indian allotments within national forests. °

During the second administration of President Me-
Kinley ® and the two administrations of President Roose-

1. See Act Apr. 24, 1912 (37 Stat. L. 497. ) adding eee to the list of states within
which National forests could be created only by Act of Congress. (cf. Act June
25, 1910 (36 Stat. 847) containing list aside from California. )

2. 36 Stat. pp. 424 and 1246: 37 Stat., pp. 280 and 839, including the Harney
National Forest also

3. Cf. Act March 3, 1905 (33 Stat. L. 873.).

4A. Cf. 30 St. 1095; 31 St. 21; 31 St. 614; 33 St. 872; 34 St. 683; eek 1269.

5. See Three Year Homestead Act of June 6, 1912 (37 Stat. ie Zax) s

6. 31 St. 1962, 1977, 1981; 32 Stat. 1969-1985.

FEDERAL LEGISLATION BETWEEN 1900 AND 1916 249

velt, 1 very extensive areas were reserved for forestry pur-
poses by proclamation, and by special act of Congress on
May 23, 1908 (35 Stat. L., 268), the Minnesota National
Forest was created.

‘On March 1, 1911, another epochal step in forest policy
was taken by the United States. This consisted in an act
of that date (36 Stat. L., 961), that authorized the expendi-
ture during the succeeding five years of eleven millions of
dollars in the examination, survey, and acquisition of Iands
located at the headwaters of navigable streams, or of streams
that were being developed for navigable purposes. Al-
though the terms of the act were general, the purpose of
advocates of the measure was to provide means for
the establishment of national forests in the eastern states and
particularly in the White Mountain and Appalachian
regions. Within these mountainous regions are the
sources of the great coastal and interior rivers of the
eastern states, and the maintenance of a forest cover upon
these rugged highlands is evidently essential to the mainte-
nance of regularity in stream flow and the prevention of
flood damage. As the national government had never held
public lands in this region, and the states had generally
parted with title to all lands once held as public lands, it
was essential that provision be made for the purchase of
lands either by the states or the nation to effect the mainte-
nance of extensive forests under a management which
aimed primarily at the welfare of the public. This act,
which provided for a commission of national executive and
legislative officers to determine what land should be pur-
chased, declared that all lands acquired should be ad-
ministered, under existing legislation, by the Department of
Agriculture, as were other national forests created from
national public lands either by presidential proclamation
or by special acts of Congress.

The act of March 1, 1911, embraced another important
provision authorizing cooperation between the federal gov-
ernment and the separate states or groups of states in for-
est fire protective measures on condition that any state
receiving federal aid must have a law providing for forest

1. 32 Stat. 1988-2030; 33 Stat* 2320-2380; 34 Stat. 2995-3309; 35 Stat. 2107-2246.

250 FOREST LAW IN AMERICA

fire protection and must spend at least as much as the
federal government in such protective work. This act
has received several amendments, but its main features
remain unchanged.! The utilization of minerals within
the lands acquired was authorized by act of Aug. 11, 1916
(39 Stat., 446, 462).

In a large number of states laws have been enacted au-
thorizing the acquisition of lands for national forests ?
or cooperation in fire protection * as provided by this act.
Cooperation is also carried on in various states under gen-
eral forest protection acts enacted either before or subse-
quent to the passage of the National act known as the
Weeks law.

An act of March 11, 1912, (87 Stat., 74), extended to em-
ployees of the national forest service who were engaged in
any hazardous work the provisions of the act of May 30,
1908 (35 Stat., 556), affording compensation for injuries re-
ceived in the line of duty. ? This act was superseded by
the act of September 7, 1916 (39 Stat., 742), which provided
for compensation to any civil employee injured while em-
ployed in line of duty.

A federal act of March 4, 1906 (34 Stat., 1256, 1276),
provided that ten per centum of the receipts from any
national forest should be used for school or road purposes
within the state in which the forest was situated in such
manner as the state legislature should direct. By act of

1. Act Aug. 10, 1912 (37 Stat. 269): Act Mar. 4. 1913 (37 Stat. 828 and 855); Act June
30, 1914 (88 Stat. 415); Act August 11, 1916 (39 Stat. 446, 462 ($3,000,000 ad-

ditional for purchase purposes).

2. Ala. Act Nov. 30, 1907, S. L. No. 90, sec. 18 1-2.

a.

Ga. Act December, 18, 1901, S. L., p. 84. Cf. J. Res. No. 60, Aug. 16; 1910.
Sib. 2279:

Ky. Act Mar. 17, 1914, S. L. ch. 24, p. 96: Same in Thum’s Suppl. of 1915
to Ky. Stat. 1909, sec. 2376f to 2376i.

Me. Resolves 1903, ch. 102.

Md. Act Apr. 1, 1908, ch. 217.

Isis ale J. Res., L. 1903; ch. 137.

IN © Laws 1901, ch. 17; Pell’s Revisal, 1908, sec. 5430.

Pa. Act May 11, 1911, P. L., p. 271. :

S. GC. Act Feb. 21, 1901, No. 346, Laws 1901, Vol. 23, p. 609; (Same, Civil
Code, 1912, sec: 12.)

Tenn. Laws 1901, ch. 47, Act Apr. 23, 1901. :

Va. Act Mar. 14, 1912, S. L. ch. 260, p. 563, Same Pollard’s Biennial Code
LOZ. Pino.

W.Va. Act Feb. 27, 1909, ch. 61, p. 494; Code 1913, secs. 6-8.

3. Conn. Act Sept. 26, 1911, S. L. ch. 292.

Ky. Act Mar. 19, 1912, S. L. ch. 133, p. 529.

Minn. Act Apr. 127 1911, Sich: 125,/sec'6:

N. H. Act May 21, 1913, S. L. ch. 159, p. 696.

Va. Act Mar. 21, 1914, S. L. ch. 195, p. 305.

Wash. Act Mar. 18, 1911, S. L. ch. 125, p. 623, sec. 4.

W. Va. Act Mar. 4, 1915, S. L. ch. 15, p. 162.

Wis Cf. Act May 25, 1905, S. L. ch. 264;-Same in Stats. 1915, sec. 1494-45

4. Cf. Act Aug. 24, 1912 (37 Stat. 539) regarding rights and privileges of civil service:
employees.

FEDERAL LEGISLATION BETWEEN 1900 AND 1916 Zk

May 23, 1908 (35 Stat., 260), the portion of the receipts to
be used for school and road purposes was increased to
twenty-five per centum. An act of August 10, 1912 (37
Stat., 288), authorized the Secretary of Agriculture to ex-
pend an additional ten per centum of the receipts of the
year ending June 30, 1912, upon roads and trails within the
state from which the receipts were derived, and an act of
March 4, 1913, (37 Stat., 828, 843), made this provision per-
manent.

The general agricultural appropriation act of March 4,
1913, also authorized the Secretary of Agriculture to per-
mit the free use of timber for telephone line construction
where such lines would be of benefit to the national forest },
the reimbursement of private parties for property injured
or destroyed in the control of forest fires,? the distribution
free of charge for planting on certain private lands of young
forest trees grown in nurseries upon the Nebraska National
Forest* and the exportation from any state in the dis
cretion of the Secretary of Agriculture of timber cut fro
national forests within that state. *

An act of June 30, 1914 (38 Stat., 415, 430), provided for
the use of funds received as doateibitians for cooperative
work and forbade the building of rangers’ stations upon
lands upon which a settlement had been made under the
homestead law. In the appropriation act approved March
4, 1915 (88 Stat., 1086, 1100), provision was made for the
free use of timber by the navy department and for govern-
ment railway construction in Alaska. This act authorized
the Secretary of Agriculture to grant permits for a period
not exceeding thirty years and of an area not exceeding
five acres to each individual or association for use as sum-
mer homes, hotels, stores and other proper structures for
recreation or public convenience. > The act also limited the
cost of any building to be erected for forest service uses
without special congressional authority to six hundred and
fifty dollars. °

37 Stat. 843.

. 37 Stat. 843.

. 37 Stat. 840. Cf. 38 Stat. 1086.

37 Stat. 839. Cf. 38 Stat. 1096.

. 38 Stat. 1101. ae brush aispusat provision, Act Aug. 11, 1916 (39 Stat. 462)

. 38 Stat. 1086. Act Ma , 1907 (34 Stat. 1269; )May 23, 1908 (35 Stat. 259);
Mar. 4, 1911 se Stat. 1235), all regarding the cost of service buildings.

DO COL

252 FOREST LAW IN AMERICA

The act of June 4, 1897 (30 Stat. L., 11, 35), providing for
the administration of national forests, conferred very ex-
tensive powers upon the Secretary of the Interior as to the
making of regulations to govern the administration of the
forest reserves. This authority was vested in the Secretary
of Agriculture by the act of 1905 transferring the adminis-
tration of the forest reserves to that department. The regu-
lations prescribed by the executive departments within the
scope of the authority conferred have been repeatedly sus-
tained as having the force of law. }

In the first year of the twentieth century? the federal
act of February 24, 1897 (29 Stat. L., 594), imposing a maxi-
mum fine of five thousand dollars and imprisonment for
two years for the willful or malicious setting of a fire or the
careless or negligent leaving of one unattended near in-
flammable material on the public domain, and penalties
one-half as severe for the leaving of a camp fire or other
fire burning, was amended by the omission of the words
“carelessly and negligently’? and of the specific reference
to camp-fires. On June 4, 1906 (34 Stat. L., 208), a maxi-
mum penalty of five hundred dollars and imprisonment for
one year was provided for the cutting or chipping, for tur-
pentine purposes, of trees on lands of the United States.

The provisions of existing federal laws as to the cutting
or injuring of timber and as to the building or leaving of
fires on public lands of the United States were incorporated
as sections 49 to 53, inclusive, of a federal penal code en-
acted March 4, 1909 (35 Stat. L., 1088, 1098), with the omis-
sion of the word, “‘maliciously”’ in the section regarding the |
setting of fires. Sections 50 and 53 of this act were amended
by section six of an act of June 25, 1910 (36 Stat. L., 855,
857),so as to include Indian tribal lands and Indian allot-
ments, to which the Government still held the fee, within the
prohibition as to trespass and the leaving of fires. *

1. Light v. U.S., 220 U.S. 523; U.S. v. Grimaud, 220 U. 8S. 506; Shannon v. U.S.C.C.A
Gee Hed. 870) cf. 151 Fed. 863; U. S. v. Domingo, 152 Fed. 566; Dastervignes Vv.
22 Fed. 30; see 118 Fed. 199; 22 Opin. Atty. Gen. 266; contra U.S. v.
Marthe ws, 146 Fed. 306; See Field vy. Clark, 143 U.S. 692, 23 Opin. Atty. Gen. 589.

. Act May 5, 1900 (31 Stat. L., 169).
. See Act June 10, 1896 (29 Stat. L. 32) imposing a fine of $250 or one hundred days’
imprisonment, for offense of cutting boundary or witness tree on public land.

who

FEDERAL LEGISLATION BETWEEN 1900 and 1916 253

Extensive areas of timberland are embraced within
Indian reservations. The first general legislative authority
for the sale of timber from Indian reservation lands was
contained in an Act of February 16, 1889 (25 Stat. L. 673)
which was limited to dead timber. An act of June 25, 1910,
(23 Stat. L. 855, 857) authorized the Secretary of the In-
terior to sell the mature and dead and down timber from
the unallotted lands of any Indian reservation, except
within the States of Minnesota and Wisconsin, and to use
the proceeds for the benefit of the tribe occupying the
reservation. Under this law a conservative management
of the unallotted timber lands within Indian reservations
is possible. Laws specifically providing for a management
of unallotted Indian lands in accordance with forestry
principles have been enacted as to the Menominee Reser-
vation ! in Wisconsin and the Red Lake Indian Reserva-
tion ? in Minnesota.

Within several of the national parks there are forest
areas of considerable extent. The acts creating the Yellow-
stone, * Sequoia,’ General Grant,®> Mount Ranier, °
and Crater Lake,’ National Parks all made it the duty of
the Secretary of the Interior to make and publish the regu-
lations necessary for their management so as to attain the
ends for which they were reserved, and required that such
regulations provide for the preservation from wanton spolia-
tion of all timber within them so that the parks might be
maintained in their natural condition. The acts creating
the Glacier National Park *® and the Rocky Mountain
National Park ° required that the Secretary of the Interior
make such regulations as should provide for the preserva-
tion of the parks in a state of nature so far as was consis-
tent with the purposes of the acts, but specifically authorize

~

. Act March 28, 1908 (35 Stat. L. 51); act March 3, 1911 (36 Stat. L. 1058,
1076) ; act May 18, 1916, (39 Stat. L. 123, 157)

Act May 18, 1916, (39 Stat. L. 123, 137)

Act March 1, 1872, (17 Stat. L. 32)

Act Sept. 25, 1890, (26 Stat. L. 478); Act Oct. 1, 1890, (26 Stat. L. 650)

Same acts as for Sequoia.

Act March 2, 1899, (30 Stat. L. 993)

Act May 22, 1902, (32 Stat. L. 200)

Act May 11, 1910, (36 Stat. L. 354)

Act January 26, 1915, (38 Stat. 798)

Ce ee

‘

bo

5A FOREST LAW IN AMERICA
the Secretary to arrange for the removal of such matured
or dead and down timber as he might deem necessary or
advisable for the protection or improvement of the parks. !

An Act of August 25, 1916, (39 Stat. L. 535) creating a
National Park Service in the Department of the Interior,
for the administration of all parks and reservations under
the jurisdiction of the Department declared that the Secre-
ary of the Interior ‘“‘may also upon terms and conditions
to be fixed by him, sell or dispose of timber in those cases
_where in his judgment the cutting of such timber is required
in. order to control the attacks of insects or diseases or other-
wise conserve the scenery or the natural historic objects of
any such park, monument or reservation.”

Violations of any of the rules and regulations for the man-
agement and use of the parks which should be made by the
Secretary of the Interior as authorized by the act were
declared punishable under the provisions of section fifty
of the federal criminal Act of March 4, 1909, as amended
by the Act of June 25, 1910, (36 Stat. L. 855, 857)

1. Cf. Yosemite Nasional Park, California, Act June 30, 1864, (13° Stat. L. 325);
Oct. 1, 1890, (26 Stat. L. 650); Feb. 7, 1905,. (33 Stat. L. 702); June 11,.1906,
(34 Stat. L. 831)

INDEX

Adirondack Park, 10, 11, 12, 76, 79, 82, 84, 86.
Agricultural boards directing forestry work, 49, 50, 55, 89, 97, 98,
217.
Alabama, arrests without warrant, 48.
early fire laws, 22.
fire control, 109.
fire law of 1885, 29.
fire laws of 1896 and 1897, 109.
forest administration, 48.
Geological Survey to report upon forestry, 19.
hunters liable for fires, 26.
notice of fires to neighbors, 109.
railroad fire law, 109.
tax exemptions on private forests, 200.
Alaska, export of timber from, 247.
American Forestry Association, 7, 244.
Arbor Day, 4
Arizona, early fire law, 22.
fire control, 109.
forest administration, 48.
Arkansas, early fire law, 22.
fire control, 110.
forest administration, 49.
railroad fire law, 26, I10.
trespass law, note, 2.
Arrest without warrant for forest offenses, 7, 9, 16, 29, 32, 40, 41,
AS Ae 72. SS Oo iIO a2, liA, TIF LO .k21, 023, 025; (130,
“SISA, 135; 140, 153; E5451 058), 159; DOOs HOT 166s 27551296
Ashes and live coals, 38, 41, 43, 117, 120, 131, 132, 144, 171, 173,
L7O;, 220.
Ashpans, devices upon, 27, III, 114, 132, 137, 143, 145, 339-
Assistant state forester, 49, 51, 57, 105.
Assistant state wardens, 145, 146.

Back Fires, 24, 30, 110, 123, 172.

Board of Conservation, 75.

Board of forest commissioners, 102.

Board of forestry, 7, 11, 16, 48, 49, 51, 54, 56, 59, 60, 65, 67, 69,
Gls 53-7 Os, 90915-9025 99, 1O2,) 1O4AM2E7,.

Bonds for forest purchase, 87.

Borrowing of money for forestry work, 83, 150.

Boundary tree, note, 252.

Bounties, for tree planting, 2, 182, 183, 184, 185, 186, 187, 188,

II INDEX

[90; 191, 102.
limit as to liability under statute, 186.

Bounty law unconstitutional, note, 185.

Brush along highway, 114, 127.

Burden of proof as to fire, 21, 28, 37, 45, 115, 118, 119, 123, 132,
139, F47, 155, 174s

Bureau of forest protection, 158.

Burning of fallows, etc., 35, 132, 144, 159, 170.

California, cocperation with federal forest service, 49.
costs of fire fighting from offender, EPI.
county forestry, III.
early forest fire law, 22.
fire control, 110.
fire law of 1887, 32.
fire nuisance, III.
fire penalties, 110, III.
first board of forestry, 7.
inflammable material as a nuisance, III.
locomotive, donkeys, etc., 110, IIT.
state board of forestry, 49.
state forester, 49.

Campers to have guides, 111, 225.

Camp fires, 23, 29, 31, 32, 38, 41, 42, 46, 69, III, II5, 119, 120,
131, 134, 137, 154,485 5) LOd -168,/172, 273, 178, 224.

Catskill Park, 78, 79, 82, 84, 86.

Charcoal, 138, 140, 162, 225.

City foresters, note, 212.

Civil liability for fire damage, 233.

Civil service status for forest employees, 76, 86.

Classification of forest land, 102.

Clearing space for a fire, 31, 131, 139, 224.

Cleveland, creates forest reservations, 245.

Cloquet demonstration forest, 67.

Closed season for fires, 21, 35, 42, 45, I10, 113, I15, 116, I17, 125,
126, 136, 140,142, 144, 147, 148, 154,156, 150, 168, 170, 222.

Colonial forest legislation, 1, 29, 179.

Colorado, administration of state timber lands, 50.
arrest of offenders against forest laws, 7.
bounty and tax exemption law, 188.
camp fires, 46, III.
conservation of young timber, 50, 52.
constitutional provision as to forestry, 5.
early forest fire law, 22.
fire control, 111.
fire law of 1885, 29.
fire law of 1899, 46.
forestry commissioner, 7, 8.
railroad fire law, 26, 27, 32, 112.
sheriffs to control, fires, 112.
state forester, 50.

Commission of forestry, 48.

Common lands, timber on, 1.

INDEX Iil

Compensation for injuries to forest employees, 250.
Condemnation of forest land, 80, 83.
Conferences of fire wardens, 124, 137, note 137, 226.
Connecticut, assistant state forester, 51.
brush along highway, 114.
clearing space for fire, 113.
cooperation in fire control, 114.
cost of fire control distributed, 112.
cost of fire control charged to railroads, 113.
early forest, fire laws, 20, 22.
fire control, 112.
fire law of 1886, 31.
fires in the open, 113.
forest administration, 50.
hunting season suspended, 114.
permits for open fires, 113.
railroad fire law, 26, 113, I14.
railroads have insurable interests, 26, 27.
species to be planted, 195.
state forester, 50, 112.
State forests, 51.
tax exemption laws, 195, 205.
Conservation commission, 57, 58, 81, 84, 85, note 98, 107.
Conservation of timber, 4, 50, 52, 70, 71, 97, 104.
Constitutional provisions as to forestry, 4, 10, 18, 65, 68.
Control of fire, prevention by State, 231.
prevention by local authorities, 232.
Convention of forest officers, 124, note 137, 165, 226.
Convict labor for forestry work, 82.
Cooperative forestry practice in colonial times, note 210.
Cooperation in fire protection, 73, 114, 119, 134, 139, 140, 158, 159
249, 250.
Cooperation, in general, 49, 50, 53, 56, 58, 62, 71, 73, 74; 89, 95, 97.
LOO; 1025 103, 1055, 106; TIA) F109, F324, 137; 222.
Cornell University forest school, 19.
Cost of fire control distributed, 15, 35, 43, 44, 74, 112, 117, 123,
128,135,130; 139, 140, 140,157, 158, 166, 168, .174,-175-
Cost of fire control, to be paid by offenders, ror, 111, 113, 115, 119
12>>.123, (040, 150, .Hote 1675173, 1745" 270.
ee to raise money for forestry purposes, 16, 52, 60, 61,91

conn Fonte of forest fires, 48, 90, 91, 95, 109, 112, 154, 164, 174
judge as warden, 156.
rangers, 90, 9I.

Crawford Notch, 73.

Criminal liability for fire damage, 234.

Cruisers as patrolmen, 130, 167, 168.

Cuba reservation, 86.

Cutting restrictions, 4, 50, 52, 70, 71.

Dakota, bounty and tax exemption, 184, 189.
early forest fire law, 22, 31.
species to be planted, 189.

IV INDEX

Damages from fire, offender to pay, 58, 112, 135.
town to pay, I21.
measure of, 58, 112.
Dead timber, disposal of, 56, 84, 85.
Delaware, early fire laws, 20, 22.
extinguishing fires, cost of, 115.
fire control, 114.
fire law of 1887, 32.
forest administration, 51.
forest fire penalties, 52, 115.
forest wardens, 114.
railroad fire law, 26, 115.
state forester, 52.
state forests, 52.
Demonstration forests, 48, 56, 67, 72, 88, 89, 92, 103, 104.
Department of forestry, 89, 92, 103.
Desaret, timber conservation in, 3.
Distribution of nursery stock, 57, OL, 63,°72, 81, 6359741085100) O35
98, 100; 202.
District Attorney, duty of, 110, 131, 133, 156, 175.
Donkey engines, 109, 110, 111, 172, 176.

Early forest fire laws, 1, 20, 22, 23, 25, 31.
European influence on American forestry, 210.
Evergreen trees, 191.

Expert foresters, 77, 80, 82, 85, 144.

Fallows, burning of, 35, 132, 144, 159, 170.
Federal assistance to tree planters, 192, 251.
Federal grants of forest land to states, 66, note 105.
Fire apparatus, 127.
Fire balloons, 126, 151, note 158.
Fire boxes, 229.
Fire breaks, 37, 127, 132, 134, 147, note 161.
Fires in gas and oil regions, 157.
Fire lines, 27, 45, 127, 147.
Maps, 33, 35, 39.
marshal, 39.
notices, destruction of, 30, 44, 164, 175, 235.
patrol, Pro, 121,431, 135, 140, 142, 146, 152,156, 157, vac;
Tr59, 165, 165:
patrol along railroads, 122.
patrolmen defined, 86.
reports;.9, 33, 38, 40, 41, 120, 123; 130, iyo, 140:
Firing the woods, 20, note 138, note 143, note 154. -
as a criminal offense, 21, 37, 39.
back fires, 24.
damages, 24, 58.
election of firemen, 21.
hunters, 26, 38, 39, 43.
laws between 1885, and 1890, 28,-32.
leaving of fires, 23.
maliciously, 24.

INDEX Vv

motive in, 25.
multiple damages, 24.
notice to neighbors, 23.
open season for, 23.
penalties for, 9, 34, 35, 52, I15.
penalties for benefit of schools, 36.
permits for fires, 25, 35, 42,45, 110, 113; 115, 116,125, ‘136;
140, 142, 144, 147, 148, 154, 156, 159, 168, 170, 223.
protection of stock, 23.
railroad liability. See railroads.
summoning of inhabitants. See summoning aid, etc.
turpentine orchards, 23.
Fires on Indian land, 252.
Fires on United States land, 252.
Fires, reports of, 9, 33, 38, 40, 41, 121, 123, 130, 138, 140, 164.
Fish and Game Officers as wardens, 112, 128, 162, 163, 165, 172.
Florida, early fire law, 22.
fire control, 115.
fire law of 1897, requiring notice, 45.
forest administration, 52.
Foreigners to have permits, 127.
Forest experiment station, 7, 48, 55, 56, 67, 70, 72, 88, 89, 92, 103,
104.
Forest fire defined, 86.
Forest fire districts, 25, 94, 120, 128, 131, 136, 139, 143, 147, 150,
153, 159, 160, 166.
Forest fire fighting, destruction of fences, etc., 30, 33, 72, 74, 124;
WA TOO, 72).
counties to conduct, 48, 90, 91, 95, 109, 112, 154, 163, 174.
LOWS torconduct; 9; 14,15; 16, 17, 22,525; 29; 30; 31°37; 39>
40, 42, 74, 75, 128, 130, 135, 148, 149, 150, 153, 156, 157,
FO4, 165, 17.5, 232-
Forest Industries to be reported, 80, 87.
Forest land defined, 86.
Forest Nurseries, 56, 57, 61, 62,63, 72, 81, 84, 85, 93, 98, 100,
note 198, 199, note 202, 207, 220.
Forest officers not liable for trespass, 30, 33, 72, 74, 124, 143, 160,
172)
Forest pathologist, 82, 85.
Forest preserve, 8, 9, 79.
Forest purchase board, 78, 80.
Forest rangers, 90, 91, 130, 154, 169.
Forest reservation commission, 74, 92.
Forest supervisor, 95.
Forestry bureau in Ohio, 8.
Forestry commission, 5, 6, 8, 11, 12, 13, 14, 15, 16, 17, 48, 57, 63,
Osi Tp Tool jo4, 102.
Forestry commissioner, 7, 13, 14, 16, 55, 57, 59, 67, 78, 80, 92,
94, 97, 103, 127, 130.
Forestry division, department of agriculture, 243.
Forestry districts, 59, 94, 120, 131, 136, 139, 143, 147, 150, 153,
159, 160, 166.
Forestry fund, 60, 75, 100.

VI INDEX

Forestry investigations, 53, 71, 89.
Forestry reservations, national, 244.

Geological commission, directing forestry work, 87, 99, 217.
Geological survey, reports upon forests, 19, 69.

Georgia, early forest laws, 22.

fire control, 115.

forest administration, 52.

railroad fire law, 26.
Grant, message on forestry, 243.
Gun-Wads, 119, 123, 131, 136, 154, 168.

Harrison, creates forest reserves, 245.
Hedges, 182, 184.
Highways as fire lines, 225.
slash along, 114, 127, 12%, 136, 1a, G50, 2277
trees along, 179.
Hinckly fire, 15.
Homesteaders, allowed tax exemption, 185, 192.
Homestead law, 182.
Hunters liable for fires, 26, 43, 172.
Hunting season closed, 114, 122, 126, 136, 148, 151, 156, 165, 224.
Idaho, bounty for tree planting, 187.
camp fire law, 31.
closed season for fires, 116, 117.
conservation of state timber, 52.
early fire law, 22, 31.
fire control, 115, 116.
forest administration, 53.
permits for fires, 116.
railroad fire law, 31, 115, 116, 117.
slash disposal, 53, 117.
Illinois, bounty for tree planting, 186.
cooperative investigation, 53.
early fire law, 22.
fire control, 117.
forest administration, 53.
forest preserve districts, 53.
railroad fire law, 26.
trespass laws, note, 2.
Improvement companies, 105.
Indian allotments within national forests, 248.
lands may be reforested in New York, 82.
lands may become state forests in Wisconsin, 106.
unallotted forest land, 253.
Indiana, board of forestry, 54.
early fire law, 22.
fire control, 117.
fire penalties, 118.
forest administration, 54.
municipal forests, 213.
railroad fire law, 118.

INDEX VII

state forests, 55.
tax exemption, 198.
trespass laws, note, 2.
Inflammable material to be cared for, 170.
as a filtisance, 107, 122, I71, 227.
Injuries, compensation for, 250.
Insect pests, report upon, 124.
Inspection of locomotives and other engines, 114, 132, 137, 176,
229,
of private lands, 83, 87.
Investigation of causes of fires, 139, 153.
Iowa, early fire laws, 22, 25.
fire control, 118.
forest administration, 55.
geological survey to report upon forests, 19.
hunters liable for fires, 26.
railroad fire law, 26. ;
species to be planted, 199.
tax exemption, 55, 184, 199.
Iron vessels, 241.
Irrigation dicthes, trees along, 186, 188, 190.
Itasca State Park, 66, 68.

John Brown Farm, 86.

Kansas, bounty for forest planting, 183, 190.
commissioner of forestry, 55.
early fire law, 22.
fire control, 118.
forest administration, 55.
railroad fire law, 26, 29.
trespass laws, note, 3.
Kentucky, board of forestry, 56.
cooperative fire control, 119.
costs of fire control, 119.
distribution of young tres, 57.
early fire law, 22.
fire control, 118.
forest administration, 56.
forest nurseries, 56.
railroad fire law, 118, 119.
state forester, 56.
state forests, 56.

Lease of forest land, 10, 92.
License for timber products, 59.
Limitation on fire prevention expenses, 17, 41.
Live oak, 238, 239, 240.
Locomotives and other engines, 52, 109, 116, 117, 123, 154, 155.
Logging locomotives, 101, 102, 110, 176.
Lookouts, 136, 160, 166, 226.
Louisiana, camp fires, 120.
commissioner of conservation, 58.

VIII INDEX

conservation commission, 57.
damages for injuries to trees, 58.
early fire law, 22.

fire control, 119, 120.

fire penalties, 119.

forest administration, 57.
forestry advisory board, 59.
forestry commissioner, 57.
license funds for forestry, 59.
railroad fire law, 58, 119, 120.
state forester, 57.

state forests, 58.

McKinley, creates forest reserves, 246, 248.
Maine, damages from towns for fires, 121.
distribution of cost of fire control, 15.
early forest conservation, 4.
early fire laws, 22.
fire control, 120.
fire law of 1891, 37.
firespatrol, 127, 122,
fire warden, 14, 59.
fires to be reported, 38, 121.
forest commissioner, 14, 59.
forestry district, 59, 120.
hunters liable for fires, 26.
hunting season closed, 122.
inflammable material as a nuisance, 122.
railroad fire law, 14, 26, 122.
state forests, 59.
tax exemption, 195.
Maryland, board of forestry, 60.
cost of fire control, 123.
distribution of trees, 61.
early fire law, 22.
fire control, 122.
forest administration, 60.
forestry fund, 60.
railroad fire law, 26, 123.
state forester, 60.
state forests, 60, 61:
Massachusetts, apparatus and breaks for fire protection, 45, 127.
bounty legislation, 2.
closed season for fires, 125, 126.
conferences of forest officials, 124.
costs of extinguishing railroad fires, 125.
early fire laws, I, 20, 22.
fire balloons, 126.
fire control, 124.
fire law of 1886, 31.
fire law of 1897, 44.
fire warden, 63, 124.
foreigners to have permits, 127.

INDEX

forest commission, 63.

hunting season closed, 126,

insect pests to be reported, 124.

moth suppression, 62.

municipal forests, 209.

nursery, 62, 63.

permits for fires, 45, 125.

private forests established by the state, 62.

railroad fire law, 26, 27, 124.

slash disposal, 127.

species to be Ipanted, 196.

state fire warden, 127.

state forester, 61.

state forests, 61, 62, 63,

taxation of, 64.

tax exemption for private forests, 196, 207.

trespass law, 2.

wardens not liable for trespass, 124.
Matches, 31, 119, 123, 131, 136, 168, 225.
Michigan, chief fire warden, 128.

closed fire season, 45, 128.

constitutional authority for state forests, 65.

cost of fire control distributed, 128.

early fire law, 22.

fire control, 127.

‘forest administration, 64, 65.

forest commissioner, 127.

forestry commission, 13, 14, 65, 129.

notice in advance of fires, 45.

Public Domain Commission, 65, 129.

railroad fire law, 26, 27, 128, 129.

staemboat fire law, 28.

state forester, 66.

state forests, 64.

taxation of, 64.

summoning aid to fires, note, 25.

tax exemption, 201.

town officers as fire wardens, 128.

trespass laws, note, 3.
Mill refuse to be disposed of, 171, 226.
Mineral and medicinal springs, 246.
Mining allowed with national forests, 246, 250.
Mining allowed with state forests, 99.
Minnesota, arrest for forest offenses, 16, 43.

board of forestry, 16, 67.

board of timber commissioners, 68.

bounty for forest planting, 69, 182, 185, 188

burden of proof as to fire, 131, 132.

clearing for camp fires, 131.

Cloquest demonstration forest, 67.

district rangers, I31.

early fire laws, 22.

federal grant of forestry land, 67,

x INDEX

fire breaks, towns and railroabs, 132.

fire control, 130.

fire laws of 1895, 42.

forest administration act of 1911, 67

forest commissioners, 15, 130.

forest reserves, 16, 66.

forestry association, 4.

geological survey to report upon forests, note, 19

Hinckley fire, 15.

hunters’ liability for fires, 43,

inflammable material, 43.

inspection of engines, 132.

Itasca State Park made forest reserve, 66, 68

malfeasance by officials, 131.

matches, etc., as fire causes. 131.

municipal forests, 213.

naked torch, 131.

notice of logging operations, 68.

patrol by railroads, 131.

penalties under fire law, 16, 43, 131.

portable engines, 130.

railroad fire law, 16, 26, 42, 131.

railroad insurable interest, 131.

rangers, 130.

sale of timber forest reserve, 16, 66.

school lands for forestry purposes, 69.

slashvdisposal, 137, 132) 533:

species to be planted, 188.

state forest, 68.

state forests, 68, 69.

summoning of assistance at fires, 42, 131.

town and county forestry boards, 16.

town officers as wardens, 16, 42, 130.
Mississippi, early fire laws, 22.

fire control, 133.

forest administration, 69.

geological survey to report as forests, 69.
Missouri, bounty for forest planting, 185.

camp fires, 69.

early fire laws, 22.

fire control, 133.

forest administration, 69.

geological survey to report on forests, note, 19.

railroad fire law, 69, 133.

railroad insurable interest, 133.

trespass legislation, note, 3.
Moiety to informer, 40, 78, 145, 175.
Montana, board of forestry, 69.

cooperation in fire control, 134.

early fire laws, 22.

fire control, 133.

.orest administration, 69.

railroad fire law, 26, 27, 28, 133.

INDEX

restrictions as to timber cutting, 70.
sale of timber on state lands, 17, 70.
school lands for forestry purposes, 70.
sheriffs as wardens, 134.
slash disposal, 134.
state forests, 70.
state forests and parks, 70.
Moth suppression, 62.
Mulberry trees, 179.
Municipal forests, 209, 221.
Indiana, 213.
Massachusetts, 209.
Minnesota, 213.
New Hampshire, 213.
New Jersey, 74, 211.
New York, 87, 212.
Pennsylvania, 94, 211.
Vermont, 99, 214.
Wisconsin, 212.

Naked torch, 32, 36, 131, 162, 225.
National Academy of Sciences, 245.
National forest reserve, administration of, 245, 247.
advance cutting of timber, 247.
definition of objects, 247.
free use of timber from, 247, 251.
name changed to national forests, 247.
private sales of timber, 247.
protection from fires, 247.
regulations to govern, 247, 252.
rights of way across, 246.
sales of timber from, 246, 247.
surveys within, 246. ;
transferred to Department of Agriculture, 247.
National forests, see national forest reserves, 245, 246, 247
exportation of timber from, 248, 251.
free use of timber by navy and for telephone lines, 251
free nursery stock in Nebraska, 251.
homesteads within, 248.
Indian allotments within, 248.
injury to turpentine trees, 252.
in the Appalachin mountains, 249.
limit of cost of ranger quarters, 251.
not to be created by proclamation 248.
permits for use of portions, 251.
prohibition of ranger stations on settled lands, 251.
setting or leaving of fires, 252.
use of revenue for roads and schools, 250, 251.
National Forestry Association, 7
National Park Timber Lands, 253.
Naval timber reserves, 237,240.
Navy, authorization of, 236.
Nebraska, Arbor day in, 4.

XI

XII INDEX

bounty and tax exemption for forest planting, 185, 188.
early forest fire law, 23.

fire control, 134.

fire law of 1899, 46.

forest administration, 70.

forest experiment station, 70.

railroad fire law, 26, 46.

tax exemption for forest planting, 185.

Nevada, bounty for forest planting, 186.
camp fire law, 23.
early fire law, 23.
fire control, 134.
forest administration, 71.
restrictions as to timber cutting, 71.
species to be planted, 186.
trespass legislation, note 3.

New Hampshire, camp fires, 137.
commission on forestry, 6, 15, 71.
cooperation with federal service, 71, 73.
cost of fire control distributed, 135, 136.
Crawford Notch, acquisition of, 73.
district fire chiefs, 136.
early fire law, 20, 23.
fire control, 38, 135.
forest administration, 71.
hunters, liable for fires, 26.
hunting season closed, 136.
lookout stations, 136.
matches, etc., 136.
municipal forests, 213.
nurseries, 72.
patrol for fires, 135.
permits for fires, 136.
portable engines, 137.
private forests, established by state, 73.
railroad fire law, 27, 137, 138.
railroad, insurable interests, 27.
railroad to pay cost of fire control, 138.
reward for fire protection, 38.
seedlings to citizens, 72.
selectmen as wardens, 15, 135.
slash disposal, 138.
state forester, 71, 72.
state forests, 15, 72.
summoning of assistance, 136.
tax exemption for forest reserves, 198.
wardens appointed by state forester, 72, 135.

New Jersey, Board of Conservation, 75.
charcoal burning, etc., 138, 140.
civil service status of forest employees, 76.
cost of fire control, distributed, 74.
cost of fire control paid by offender, 141, 142.
Directors of conservation, 75.

INDEX XIII

early fire law, 20, 23.
fire control, 138.
fire districts, 139, 140, 142.
fire maps, 39.
fire, patrol, 140, 142.
fire provisions of 1892, 1894, and 1899, 39.
forest park reservation commission, 74.
forst reserves as public parks, 76.
geological survey report upon forests, 19.
hunters liable for fires, 26.
investigation of causes of fires, 32, 139.
municipal forests, 211.
permits for fires, 140.
railroad fire law, 27, 139, 141.
railroad insurable interest, 27.
sale of forest reserve lands, 75.
sale of timber from forest reserves, 76.
slash as a nuisance, 142.
state assistance to municipalities, 74, 139, 140.
state fire warden, 74, 139.
state forester, 75.
state forests, 74.
state forest taxation, 74.
summoning residents to fire, 75, 140.
town officers as fire wardens, 74, 75.
New Mexico, early fire law, 23.
fire control, 143.
forest administration, 76.
' railroad fire law, 27, 28.
tax exemption for forest planting, 189.
New York, Adirondack Park, 10, 76, 79, 86.
arrest for forest offenses, 9.
assistant state wardens, 145, 146.
bonds for forest purchase, 87.
borrowing money for fire protection, 83, 150.
Catskill Park, 78,.79, 86.
chief fire warden, 144, 146.
civil service applicable to forest officers, 86.
college of forestry (Cornell), 19, (Syracuse), 81.
condemnation of forest land, 80, 83.
Conservation Commission, 81, 84, 85.
constitutional prohibitions of sale or lease, 10.
contracts with land owners within preserve, II.
court claims, jurisdiction, 80.
convict labor in forestry work, 82.
counties within preserve, 8, 9, 76.
Cuba reservation, 86.
dead timber on state reserves, 84, 85.
decisions under forest laws, Io.
destruction of fences, etc., in fire control, 30, 33, 143.
district wardens, 143, 147, 150.
early fire law, 20; 21, 32.
early forest legislation, 2.

XIV INDEX

expert foresters, 77, 80, 82, 85, 144.

fallows, burning of, 35.

fire control, 143.

fire law of 1885, 29.

fire towns and fire patrolmen defined, 86.

fires reported, 9, 33.

forest administration, 5, 8, 11, 77, 78, 87, 84.
forest commissioner, 78, 80.

forest fire and forest land defined, 86.

forest pathologist, 82, 85.

farest preserve, 8, 9, 76, 79.

forest preserve board, 11, 78.

forestry commission, 5, 8, 77, 78, 81, 84.

hunting season closed, 148, 151.

Indian land may be reforested, 82.

inspection of railroads, 85.

inspection of private lands, 83.

John Brown farm, 86.

land commissions on forest purchase board, 78, 80.
leases of land in preserve, 10.

moiety to informer, 78, 145.

municipal forests, 87, 212.

nursery stock to citizens at cost, 81, 82, 87, note 202.
patrol by railroads, 145, 147.

patrol by state lands, 146.

penalties for forest offenses, 9, 12, 34, 35, 78, 79, 144, 147,
148, 149, I51.

permits for fires, 144, 147, 148.

person defined, 86.

purchase of forest land with proceeds of sales, 10.
railroad company defined, 86.

railroad fire law, 9, 30, 34, 143, 145, 148, 149, I5I1,
railroads to remove material adjacent to way, 151.
reforestation of state reserves, 81.

report on forest industries, 80, 87.

reservation of timber on lands sold to state, 12, 78, 82.
right of way defined, 86.

Saint Lawrence Park, 77, 79, 86.

sale of detached tracts by state 9, 10.

sale of timber on preserves, Io.

slash disposal, 146, 149, I5I.

spruce, 77.

state forester, 79.

state forests, II, 12.

summoning assistance to fires, 30, 33, 35.
superintendent of state forests, 77, 80, 84, 85.
taking of land subject to lease, etc., 78.

taxation of state forests, 9.

tax exemption of forest lands, 11, 83, 87, 182, 202.
town fire maps, 33, 35-

town officials as wardens 9, 22, 30, 148, 149, 150.
trespass penalties, 78, 79.

use of forest preserve revenue, 77.

INDEX XV

wardens not liable for trespass, 30, 33, 143.
North Carolina, arrest without warrant, 88.

early fire law, 1, 20, 23.

fire control, 152.

geological survey to report on forests, 19,

geological survey to supervise forestry work, 87.

patrol for fires, 153.

private forests classed as state forests, 87.

railroad fire law, 153.

state fire warden, 152.

state forester, 88, 152.

state forests, 88.

summonimg of assistance for fires, 153.
North Dakota, bounty and tax exemption for forest planting,

LOL 102.

distribution of seeds and seedlings, 89.

fire control, 37, 153.

railroad fire law, 37.

school of forestry, 18.

state forester, 88.

superintendent of forestry, 18.

town officers as fire wardens, 153.

summoning assistance to fires, 153.
Notice of fires, 21, 23, 35, 45, 109, I10, 173.
Notice of logging operations, 68.
Nurseries, 56, 61, 63, 72, 81, 84, 85, 88, 93, 98, 100, note 198, 199,

MOLE 202, note 207, 220.

Nursery stock at cost or free, 57, 61, 63, 72, 88, 93, 98, note 194.
Nursery trees not entitled to tax exemption, 184.

Ohio, department of forestry, 89.
early fire law, 23.
experiment station, 89.
fire control, 153.
fire law of 1885, 29.
forest investigation, 8, 89.
forestry bureau, 8.
railroad fire law, 36, 153.
state forests, 90.
Oklahoma, early fire law, 36.
fire control, 154.
forest administration, 9o.
Oneida county, added to preserve area in New York, 9
Oregon, arrest without warrant, 40.
board of forestry, 90, 91.
camp fires, 154, 155.
closed season for fires, 154, 156.
cost of fire control paid by offender, 156.
county judge as fire warden, 156.
county rangers, 90, 9I.
demonstration forests, 91.
early fire law, 18, 23, 39.
fire control, 154.

XVI INDEX

forest administration, go.

gun wads, 154.

hunting season suspended, 156.
patrol for fires, 156.

penalties for forest offenses, 155.
permit for fires, 154, 156.
railroad fire law, 90, 154, 155.
rangers, 90, 9I, 154.

slash disposal, 155.

state forester, 91.

state forests, gr.

wardens, 154, 155.

Palisades Interstate Park, 82, 87.

Parks, 10, 60, 66, 68, 70, 76, 77, 79, note 211.

Penalties for forest offenses, 9, 12, 16, 17, 21, 34, 36, 41, 43, 45, 52;
79s 795 925/93; 109, 110; 115,140,128) 194) 294, 14a ra,
148,149,151, 155,159, 159, 103, 164, 168, 160,473,225, 230.

Pennsylvania, arrest without warrant, 44, 92.

Auxiliary forests, 94,

bureau of forest protection, 158.
commissioner of forestry, 13, 92.
constables as fire wardens, 156, 157.
cooperation in fire control, 158, 159.
cost of fire control distributed, 44, 157, 158.
department of forestry, 92.

deputy commissioner of forestry, 92.
distribution of cost of fire control, 44, 157, 158.
district foresters, 94.

early fire laws, 20, 22.

fire balloons, 158.

fire control, 156, 157.

fire law of 1887, 32.

fire law of 1897, 43.

fire patrol, 157.

forestry commissioner, 12.

forestry reservation commission, 92.
forest school, 92.

gas and oil regions, 157.

municipal forests, 94, 211.

nursery stock to be distributed, 93.
penalties for forest offenses, 158.
private forests, 94.

purchase of forest land, 13, 92, 93.
railroad fire law, 157.

sale of timber from state forests, 92.
search for causes of fires, 26, 156.
state forests, 13, 92, 93, 94.

state forest taxation, 92.

state tax exemption of private forests, 197, 206.
town officers as fire wardens, 156, 157.

Permits for open fires, 25, 35, 42, 45, I10, 113, I15, 116, 125, 136.
I40, 142; 144)°147, 148, 154, 156,. 159; 168; 170, 222.

INDEX XVII

Person defined, 86.

Planting of trees, 179, 182, note 196.

Plymouth Colony, r.

Poplar, 77, 78, 82.

Portable engines, 52, 130, 137, 172.

Premiums for forest planting, 182, note 196.
for maple sugar products, note 198.

Private forests, 182, 220.

Private forests, established by state, 62, 73.

Public Domain Commission, 65, 129.

Railroads, clearing of right of way, 26, 28, 30, 34, 36, 37, 38, 41, 42,
AS, 69, 116) 11S DIO) 22,482 5,/T 20). 538), 143; 106, 230.
company defined, 86.
. cost of extinguishing fire, 113, 123, 125, 138.
cost of fire patrol, 145, 147.
damage appraisement, 32.
fire breaks, 27, 40, 132, 137, 138, 141, 230.
insurable interest in other property, 26, 27, 32, 118, note 131,
133, 139, 166, 177.
liability for fires, 9; 14, 16, 17, 26, 27, 28, 29, 30, 31, 32, 34,
36,127; 40, Al, 43,.46, 56,09, 90,100; 110, 112,113, Tr4,
LES LAG (Le kEO, LiOu 120, 122, 124, 125,)128,. 129, 131,
132, 133, 137, 139, 141, 143, 145, 148, 149, 151, 153, 157;
LO2 LOG. 167 105, LOO; 1 707 07.25, 1735 175s 170s
must employ extra trackmen, 30, 34.
must mow right of way, 46, note 155.
must patrol right of way, 131, 145, 147, 231.
Must plow Strips, 26, 27;.31,, 133.
must report fires, 30, 38, 41, I19, 129, 144.
must use screens, etc., 9, 16, 27, 29, 30, 38, 41, 43, 52, 91,109
Lx, MOS lO, Fi VETS, G22) 125, 120,137 AS 1546
167, 176:
setting of fires prima facie negligence, 27, 36, 37, 147.
slash adjacent to, 138, 151, 160, 227.
Rangers, state, 90, 91, 102, 106, 130, 154, 169.
Rangers’ quarters, limit of cost on National Forests, 251.
not to be erected on entered land, 251.
Red Cedar, 238, 240.
Revenue from state forests, use of, 66, 77.
Reward for fire detection, 38.
Rhode Island, closed season for fires, 159.
commissioner of forestry, 94.
early fire laws, 20, 23.
fire control, 95, 159, 160.
forest administration, 94.
lookout stations, 160.
penalties for forest offenses, 159.
permits for fires, 159.
railroad fire law, 160.
summoning assistance to fires, 159.
tax exemption for private forests, 196.
telephones for wardens, 161.

XVIII INDEX

wardens not liable for trespass, 160.
Right of way defined, 86.
Rights of way across National Forests, 246.
Rights of way to be cleared, 26, 30, 36, 37, 38, 41, 43, 133, 166, 230.
Road and school aid for National Forests, 250.
Roosevelt, creates National Forests, 248.
Saint Lawrence Park, 77, 79, 86.
Sale of State forest land, 9, 10, 75.
Sale of timber from state forests, 10, 18, 76, 92, 97.
School Endowment forests, 99.
School lands as state forests, 69, 70.
Schools of forestry, 18, 19, 81, 92, 106.
Search for causes of fires, 26, 128, 139.
Shade trees, 61, 180, 181.
Sheriffs duties as to fires, 48, 112, 134.
Slash as a nuisance, 107, 142, 155, I71, 227.
disposal 6f,.53,/91, 101; 102, 114, Li7,0122, 127) 150-12, Tae
46, 14:9, £51, MOte 152;.155, 100;.1 70, 173, 226.
from construction work, 122, 133, 155, 171.
South Carolina, early fire law, 23.
fire control, 161.
fire law of 1891, 36.
forest administration, 95.
railroads, have insurable interest, 27.
summoning of aid to fires, 161.
South Dakota, bounty for forest planting, r9r.
evergreen trees, 191.
. fire control, 161.
forest administration, 95.
forest supervision, 95, [61.
railroad fire law, 4o.
trespass legislation, note 3.
Spark arresters, 27, 30, 38, 41, 43, 91, 109, III, I14, 115, 117, £18,
122, 125,129, 132, 137, 143, 145, 154,snote 166,971, 170,
228.
Species to be planted, 179, 184, 186, 188, 189, 195, 196, 199, 200.
Spruce, 12, 77, 78, 82.
State establishment of private forests, 62, 73.
State fire warden, 17, 42, 51, 57, 74, 112, 127, 128, 139, 144, 146,
T5260 00.) h7 4.
State forester, 49, 50, 52, 55, 56, 57, 59, 60, 61, 66, 68, 70, 75, 88,
91, 97, 98, LOO, TOL, TO2, 103, 104, 105, 106; 112, 2me.
State forests, 11, 13, 15, £6,51, 52; 555-50;.00;, GI, 62,63 /O4706na5,
. 69; 72, 91;,92, 93, 94, 97,99, 100, 102, 103, 104,107, 050,

219.
through gift, 16, 48, 52, 58, 67, 72, 74, 88, 98.
through purchase, 10, II, 13, 15, 50, 56, 58, 60, 61, 64, 66, 72,
74, 78,88, 90, 92, 93, 100, 103, 105.
through reservation, 8, 14, 17, 64, 66, 69, 91, 97, 102, 104.
taxation ol,9, 51, 64, 70; 71, 725:74) 59, 90;.92,103, Os:
State Parks 10, 66, 68, 70, 76, 77, 79, 86.
Stationary engines, 109, 123, 172, 175.
Steamboat fire law, 28.

INDEX xIX

Summoning¢ aid for fire control, 9, 14, 21, 25, 30, 33, 35, 37) 45 42,
43,44, 75, ILO, 112, 123, 124, 130, 131, 136, 140, 153; 157;
E59, LOL, 162, 164, 166; 173, 174; 233:

Superintendent of forestry, 13s, 103"

Superintendent of state forests, 77, 80, 84, 85.

Syracuse forest school, 81.

Tamarack, 77.

Tax exemption and bounties, 182, 220.
in Alabama, 200.

Colorado, 188.

Connecticut, 195, 205.
Dakota, 184, 189.

Idaho, 187.

Illinois, 186.

Indiana, 198.

Iowa, 55, 184, 199.

Kansas, 183, 190.

Louisiana, 201.

Maine, 195.

Massachusetts, 64, 196, 207.
Michigan, 201.

Minnesota, 182, 185, 188.
Missouri, 185.

Nebraska, 185, 188.

Nevada, 186.

New Hampshire, 198. y
New Mexico, 189.

New York, 11, 83, 87, 182, 202.
North Dakota, 191, 192.
Pennsylvania, 94, 197, 206.
Rhode Island, 196.

South Dakota, rg1r.

Utah, 190.

Vermont, 198, 203.
Vashington, 187.

Wisconsin, 106, 107, 183, 200.
Wyoming, 187, 190.

Tax exemption, federal timber claims not entitled to, 189, 190.
homesteaders allowed, 185.
not affected by change of ownership, 185.

Telephone for wardens, 161.

Tennessee, charcoal burning, 162.
comprehensive fire law 1907, 96, 163.
county officials as fire wardens, 95, 163.
early fire law, 23.
fire law of 1887, 32.
fire control, 161.
fish and game officials as wardens, 162, 163.
forest administration, 95.
naked torch, 162.
penalties for forest offenses, 163.
railroad fire law, 162.

XxX INDEX

summoning aid to fires, 162.
Texas, cooperation in forestry, 97.
early fire law, 23.
early planting provision, 3.
fire control, 163. -
forest administration, 97.
state forester, 97, 164.
state forests, 97.
Threshing engines, 43, 176.
Timber claims (federal) not entitled to state tax exemption,
189, 190.
Timber culture law, 192, 194, 244.
Timber trespass, note p. 2, note p. 3, 238, 252.
Torch carrying in forest, 32, 36, 43, 162.
Towns may borrow money for fire control, 150.
Town officers as fire wardens, 9, 14, 15, 16, 17, 22, 25, 29, 30, 3I
37) 39) 40, 42, 74, 75, 128, 130, 135, 148, 149, 150, 153, 156°
157, 104, ros, 178.
Tree belts, 183, 188, 191, 192.
Unnaturalized citizens, 127, 225.
Utah, constitutional provision as to forests, 18.
early conservation provisions, 3.
early fire law, 23.
fire control, 164.
forest administration, 97:
protection of timber areas, 18, 97.
tax exemption for forest planting, 190.

Vermont, board of agriculture and forestry, 98.
commission on forestry, 6.
conferences of forest officials, 165.
conservation commission, note 98.
cost of fire control paid by towns, 166.
early fire laws, 23.
expenses paid by state, 165.
fire control, 99, 164.
fire districts, 166.
fire notices, destruction of, 164.
fire patrol, 165.
fires, leaving of, 164.
fish and game wardens, fire duties, 165.
forest administration, 97.
forest reserves, 98, 99.
forestry commissioner, 97.
hunting season closed, 165.
lookout stations, 166.
mining on state forests, 99.
municipal forests, 214.
nursery stock distributed, 98.
penalties for forest offenses, 164.
railroads have insurable interest, 27.
school endowment forests, 99.
state forester, 98.

INDEX xxi

state forests,98,99. .
state forest taxation, 98.
tax exemption for forest planting, 198, 203.
town officers as wardens, 164, 165.
Virginia, cooperation in forestry, 100.
cost of fire control paid by offenders, 167.
early fire laws, 23.
early planting law, 179.
fire control, 166.
forest administration, 99.
forest reserve fund, 100.
geological commission to direct forestry work, 99.
geological survey to report upon forestry, 19.
National Forest reserve, note 101.
nursery, 100.
railroad fire law, 27, 166, 167.
state forester, 100.
state forests, 100.
Voluntary fire wardens, 48, 110.
Wardens, not liable for trespass, 30, 33, 72, 74, 124, 143, 160,
L72e

Washington, board of forest commissioners, 102.
camp fires, 168.
classification of forest land, 102.
closed season for fires, 168.
cooperation in forestry work, 102.
cruisers as patrolmen, 167, 168.
early fire law, 23.
fire control, 167.
fire laws of 189 and 1891, 36.
fire patrol, 168.
fire warden, (oI, 168.
forest administration, IOI.
hunters liable for fires, 26.
inflammable material to be burned, 170.
logging locomotives, IoI, 102.
manufacturing plants to care for waste, 171.
matches, etc., 168.
penalties for forest offenses, 168, 169.
permits for fires, 168. ’
railroad fire law, 168, 169, 170, 171.
slash as a nuisance, I7I.
slash disposal, ror, 102, 169.
slash from construction work, 171.
state forester, 102, 168.
state forests, 102.
state fire warden, 168.
stationary engine, 172.
tax exemption for forest planting, 187.
Weeks law, 173, 249.

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