STATE CONSERVATION COMMISSION OF SD 421 WISCONSIN WE (1919 sje: gi PLA TT “ee, Cony 1 ee SO ae Sta as g es Sri 3 ww"e \ ‘ \ S SAA Wiscowo bias s Forest, Field and Marsh Fire Laws with TInstruetions to ‘Town Chairmen, Road Superintendents, Railroad Men, Rangers and Patrolmen MADISON, wISs. 1919 Fires this year will cost us men, homes and resources TAKE NO CHANCES with camp fires, matches, | cigarettes or slashings Put Them Out !} . We thank you for your care — : | a0. pat tab yp ees FER 32¥ 1990 gt ™ 3 eaoaaee. t » Oia fi ras Y me Pte Me nv nee FOREWORD =~ This pamphlet is issued for the benefit and information of such persons or Officials who are to a greater or less extent interested in the Wisconsin laws relating to forest, field, swamp, marsh and other running fires. It is intended to briefly present such provisions as may be of particular interest to the dif- ferent classes of citizens. READ THIS BOOKLET CAREFULLY. To Town Chairmen and Road Superintend- ents: Each town chairman by provision of law and without filing oath of office, is town fire warden, and each road superintendent is assistant town fire warden to the chairman. Under the law you are duty bound to fight such fires and when you are notified of a fire or receive a call for assistance, you must act immediately, irrespective of what work you may be engaged in when you receive such notice or call for assistance. You have the power of sheriffs to arrest without warrant for any violation of the fire laws. You have the power to demand the assistance of any able-bodied male citizen to help fight fires. Any person refusing is subject to a fine of $50.00. (See Sec. 26.15.) Highway superintendents can render a val- uable service to the state, especially during dry seasons, if they will stop and warn auto- “Liability of: Doyen: Fire Waedena, ads Cit. izens. Section.(26.15) $15 nor more than $100,:or by imprisonment in the county jail for a period of not less than tén days nor more than three months, or by both such fine and imprisonment. 13 Town Boards Can Forbid Setting of Fires. Section (4405a) (1) Whenever the town board of any town deems it imprudent to set fires upon any land within the town or district they shall post or cause to be posted notices in five public places in each township in such town or district forbidding the setting of fires therein, and after the posting of such notices no person shall set any fire upon any land in said town or district, except for warming the person or cooking food, until written per- mission has been received from one of the fire wardens of said town. (2) Camp Fires Must Be Extinguished. All persons who start camp fires upon any land in this state shall exercise all necessary precautions to prevent damage therefrom, and shall entirely extinguish the same before leaving them. Every person violating any provision of this section shall be punished — by a fine of not less than ten nor more than fifty dollars, or by imprisonment in the county jail not more than six months for each of- . fense. Liability of Persons who Build Fires. Sec- - tion (4406) Any person who shall build a = fire on any lands in this state not his own or | under his control, except as hereinafter pro- | vided, shall before leaving the same, totally extinguish it, and upon failure to do so shall be punished by a fine not exceeding $100 or by imprisonment in the county jail not ex- ceeding one month, or by both such fine and imprisonment. Any person who shall neg- ligently or wilfully set fire to or assist an | other to set fire on any land, whereby such 14 ‘ land is injured or endangered or shall wil- fully or negligently suffer any fire upon his own land to escape beyond the limits thereof, to the injury of the land of another, shall be punished as hereinbefore provided, and be liable to the person injured for all damage that may be caused by the fire. LAWS RELATING TO RAILROADS. Liability of Railways for Damages Caused by Fire. Section (1816a) (1) Each railroad corporation owning or operating a railroad in this state, shall be responsible in damages to every person and corporation whose prop- erty may be injured or destroyed by fire communicated directly or indirectly by loco- motive engines, in use upon the railroad owned or operated by such railroad corpor- ation, or by the burning of grass, weeds or rubbish on the right of way by employes of such corporation, and each such railroad cor- poration shall have an insurable interest in the property upon the route of the railroad owned or operated by it, and may procure insurance thereon in its own behalf for its protection against such damages. (2) Whenever the property owned by any person or corporation shall be injured or destroyed by fire communicated by locomo- tives in use upon any railroad owned or op- erated by a railroad corporation, or by the burning of grass, weeds and rubbish on the right of way by employes of such corporation, so as to render the railroad corporation liable, under subsection 1 of this section, or other- wise, the owner of such property injured or destroyed may recover damages for such loss, 15 snd 40 ‘recover thee same it: ays only be. necessary for him to prove the loss of or jujury to his property, and that the fire orig- inated in the manner hereinbefore stated. If such corporation fails or neglects to pay such damage within sixty days after notice in writing that a loss or injury has occurred, accompanied by an affidavit thereof, served upon any officer or station or ticket agent employed by such corporation in the county where such loss or injury occurred, such owner shall be entitled to recover from the corporation double the amount of damages actually sustained by him in any court of competent jurisdiction. If such company shall, within sixty days, offer in writing to pay a fixed sum, being the full amount of the damages sustained, and the owner shall re- fuse to accept the same, then in any action thereafter brought for such damages, when such owner recovers a less sum as, damages than the amount so offered, then such owner shall recover only his damages, and the rail- way company shall reeover its costs. Spark Arresters. on Engines, Boilers and Logging, Locomotives. Section (26.20) (1) Between March 1 and November 1 it shall be unlawful for: any: logging locomotive, don- key, traction’ or portable engine, and all other engines, boilers, and locomotives, except “railway locomotives operated in, through, or near forest, brush, or grass land, which do not burn oil.as fuel, to be operated without a ‘screen or; wire netting on top of the smoke- stack and so -constructed as to give the most ‘practicable protection against the escape. of sparks and cinders from the smokestacks 16 thereof, and each such engine shall be pro- vided with the most practicable devices to prevent the escape of fire from ash-pans and fire boxes. The term logging locomotive as used in this act shall be construed to mean any locomotive operated on a railroad branch, line, or division, the chief or main business of which is the transportation of logs, lum- ber, or other forest products. “*Y aig (2) Spark Arresters on Locomotives other than Logging Locomotives. All locomotives operated on any railroad other than a logging railroad shall be equipped with the most prac- ticable spark arresters so constructed as to give the greatest possible protection against the escape of sparks and cinders from the smokestacks thereof, and each such engine shall be provided with the most practicable device to prevent the escape of live coals from ash pans and fire boxes, and said devices be- tween March 1 and November 1 shall at all times be maintained in good repair. It shall be the duty of the superintendent of motive power or equivalent officer of each such rail- ‘road to designate an employe of such rail- road at each division point and round house who shall examine each locomotive each time it leaves the division point or round house between March 1 and November 1, and such employe shall be held responsible for the proper carrying out of the provisions of this section, but without relieving the company from its responsibility hereunder. (3) Locomotive Inspector: Powers. Any locomotive inspector designated by the com- mission shall have the power to reject from service immediately any locomotive, donkey A ai traction, or portable engine, which, in the opinion of the said inspector, is deficient in adequate design, construction, or maintenance of the fire protective devices designated in subsections (1) and (2) of this section, and any such locomotive, donkey, traction or por- table engine so rejected from service shall not be returned to service until such defects have been remedied to the satisfaction of said lo- comotive inspector. In case of disagreement between said inspector and the owner of the locomotive, donkey, traction, or portable en- gine so rejected from service as to the effi- ciency or proper maintenance of said protec- tive devices, then the owner of said locomo- tive, donkey, traction, or portable engine may | appeal to the railroad commission of Wiscon- . sin for a decision of said matter, but pending : such decision the said locomotive, donkey, traction, or portable engine shall not be re-. turned to service. ; | ! (4) Cleaning Railway Rights of Way.’ Every corporation maintaining and operating; a railway shall, at least once in each year,’ cut and burn or remove from its right of) way all grass and weeds and burn or remove! therefrom all brush, logs, refuse material, and debris within a reasonable time, and when-} ever fires are set for such purpose, shall take proper care to prevent the escape thereof) from the right of way. i (S) Depositing Fire or Ashes on Tracks. No such corporation shall permit its employes, to deposit fire, live coals, or ashes upon their, tracks vutside the yard limits, except they: be immediately extinguished. 18 (6) Reporting Fires on Rights of Way. Engineers, conductors, or trainmen who dis- cover that fences or other material along the right of way or on lands adjacent to the railroad are burning or in danger from fire, shall report the same to the agent or person in charge at their next stopping place at which there shall be a telegraph station. Corporations maintaining and _ operating railways shall give particular instructions to their section employes for the prevention and prompt extinguishment of fires, cause notices, which shall be furnished by the state forester, to be posted at their stations, and when a fire occurs along the line of their road, or on lands adjacent thereto, for which fire they are responsible, they shall concentrate such help and adopt such measures as shall most effectually arrest its progress. (7) Fire Patrol. All such corporations during a dangerously dry season, and when so directed by the commission, shall provide fire patrols for duty along their tracks. Whenever said commission shall deem it nec- essary it may order such corporations to provide for patrolmen to follow each train throughout such districts as may be neces- Sary to prevent fires. When said commission has given a corporation such notice that in its opinion the conditions require such patrol after trains, the corporation shall immedi- ately comply with such instructions through- out the districts designated; or on its failure to do so, said commission may employ pa- trolmen, and furnish them with the necessary equipment to patrol the rights of way of Such corporations, and the expense of the 19 same shall be charged to the corporation and the same may be recoverable: in a ¢ivil ac- tion in-the. name of the state .of Wisconsin, and in addition thereto, the said corporation shall be deemed guilty of a misdemeanor. It is also. made the duty of such corporation, acting independently of such commission, to patrol its rights of way after the passage of each train when necessary to prevent the spread of fires and to use the highest degrees of diligence to:prevent the setting and spread of. fires, and it is also made the duty of its officers and employes operating trains in this state, to use diligence in the extinguishment of fires set by locomotives or found existing upon their respective rights of way, and any negligence in this regard shall render such corporation or any officer or employe thereof guilty of a misdemeanor. (8) Inspection and Entry. The com- mission is authorized to inspect or cause to be inspected any locomotive, donkey, or threshing engine, railway locomotive, and all other engines, boilers, and locomotives op- erated in, through or near forest, brush, or grass land, and to enter upon any property for such purpose, or where they may deem it necessary in order to see. that all the pro- visions of this act are duly complied with. (9) Penalty. Any corporation by its offi- cers, agents, or employes, wilfully violating the provisions of this section, shall be liable toa penalty of not less than $50 nor more than $500 for each and. every such violation, to be collected in a civil action in the name of AEBS st@ee. Py es it (10) Appeal to Railroad Commission. In case the commission and any corporation or individual operating any locomotive, don- key, or threshing engine, or any engine, boiler, or locomotive cannot agree as to the most practical device or devices for prevent- ing the escape of sparks, cinders, or fire from smokestacks, ash pans or fire boxes, then the same shall be determined by the rail- road commission of Wisconsin. (11) Exemption. The commission shall have the power to exempt from the provisions of subsections (1), (2), (3), and (4) of this section any railroad, when, in its judgment conditions along the right of way are such that the reduced hazard renders such pro- tective devices unnecessary. Penalty. Section (4406a) Any person wilfully failing to comply with any of the re- quirements of section 26.20 shall be deemed guilty of a misdemeanor and shall be pun- ished, upon conviction, by a fine of not less than $50 nor more than $500, or by im- prisonment in the county jail not exceeding one year, or by both such fine and imprison- ment. Liability of Railways for Damages caused by Fire. (Section 26.21) In addition to the penalties provided in the preceding section 26.20, the United States, the state, the county or private owners, whose property is injured or destroyed by such fires, may recover, in a civil action, double the amount of damages suffered, if the fires occurred through wil- fulness, malice or negligence. Persons or corporations causing fires in violation of this 21 chapter shall be liable to the state in an action for debt, to the full amount of all damages done to state lands and for all ex- penses incurred by the towns fighting said fires. PREACH FOREST PROTECTION PRACTICE IT, TOO If you see a small fire PUT IT OUT If you see a large fire notify the nearest town Chairman or highway Superintendent and spread the report. 23 «| Be Careful With Fires! “ell FOREST FIRES They destroy the recreation grounds and game. — Lighted matches, cigar and cigarette stubs are dangerous Put Out Your Camp Fires | Before Leaving — = \\} | | |} | hl iH ay 1] MI | | Hi WW MN Il VMI WA WH Hi | MMH LULL