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| STATE CONSERVATION .
>OMMISSION :
Peet

= WISCONSIN

: Forest, Field and
P. Marsh Fire Laws :

os with
i) Instructions to Town Chairmen, |.
| Road Superintendents, Rangers

and Patrolmen

MADISON, WIS.
1917

, Ura’? 2 &

State O

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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.

To Town Chairmen and Road Superintendents.

Read this booklet carefully. Each town
chairman by provision of law is, town fire
warden, and each road superinendent is as-
sistant town fire warden to the chairman. Un-
der 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.

FARMERS AND SETTLERS must not
start fires during dry periods. Before burn-
ing your brush talk the matter over with
either your town chairman or with a road
superintendent; these men under the law
are town fire wardens. Always help willingly
and promptly when called upon to fight fires.

You cannot tell what day you may wish the
-help of your neighbors to save your own
home from fire. Do not start back fires un-
til absolutely necessary.

Payment of fire fighters (see sec. 2613.)

Town chairmen and road superintendents
will be paid such a wage for fire fighting as
may be determined upon by the town board.
All men called out by the fire wardens shall
receive not more than twenty cents (20c)
per hour for the time actually employed, which
compensation is also to be paid by the town
board.

-

INSTRUCTIONS TO FIRE FIGHTERS

If you discover a fire too large to be put
out at once, get help immediately. If nec-
essary, notify the nearest fire warden, or pa-
trolmen, or if neither is available any sheriff
or deputy sheriff of the county who should no-
tify the fire warden.

Organize and select the best man as leader.
When a fire-warden is present he should take
charge.

Form a plan of action ang stick to it. Con-
sider the rights of property owners, but do
not let them back fire to protect their own
property unless it will be for the genera:
good. Back fires should be authorized only
by the man in charge.

Tf you believe that a fire will ais a con-
siderable time to put out, divide your force
into crews, one to relieve the other. Keep
some one on the job all the time.

The best tools for fighting fire are the
shovels, mattock, ax and wet sacks. Rakes,
hoes and brush hooks are also useful.

Sand or earth thrown on a fire is as effec-

tive as water.

If possible stop the fire by means of a trail
or trench. Where the fire burns slowly in
open timber pinch it out by knocking the
burning material back into the burned area.
Put out logs and stumps by throwing dirt on
them. Never leave burning trees or snags
near the fire line. Many fires well under
control have broken out again when a little

3

additional work would have made them quite
safe.

Work at night or in the early morning, in-
stead of by day, when it is possible. At night
a six-inch trail will often hold a fire that
would leap a quarter of a mile during the
heat of the day. At night less time is wasted
carrying water to the fire fighters.

Fires occurring in dense brush or thickets
may require back firing. Start your back fire
far enough in front so that you will have
time to complete your work before the main
fire reaches you. Start it from a road, trail
or. stream if possible: If not, \cut) astral
scrape it clean, light your ‘fire and guard
your trail.

Back fire along the top or bottom of a ridge
rather than half way up the slope.

See to it that the ends of your back fire
are safe. Run them together if possible,
thus surrounding the main fire, or else run
them into portions that have burnt out, or to
a stream or road. A back fire is just as dan-
gerous as the original one unless it is per-
fectly safe throughout its whole length.

Watch the fire line after the fire is under
control. Sparks blown from burning snags,
ehunks thrown from falling trees, and many
other things may cross the fire line. Keep
some one on guard.

Use your best judgment in fighting fires
when you are in charge as local conditions
make it impossible to give any iron clad rules
to follow. If some one else is in charge obey
his instructions.

Lumber Companies—All lumber companies
operating steam railroads must equip their
engines with the best fire fighting parapher-

4

nalia possible and the following suggestions
are made for this equipment and means of
combatting fires:

(1) Proper stacks and screens. (2) Bar-
rels of water along steep grades, at intervals,
where there are no streams of water that
have a steady flow in dry weather. (3)
Equipment for all engines, such as hose and
all* attachments necessary to handle water
quickly and efficiently, to extinguish fires
which start along the railroad. (4) Water
tank car for emergencies. (5) 'A patrol
should be made after all trains in dry weather.
(6) A careful inspection should be made at
regular periods of all equipment. (7) In-
structions should be issued to all section
erews and employees to be on the lookout
for fires and just what they should do toward
extinguishing same. (8) All inflammable
material should be removed from along tracks
for at least fifty feet on either side.

Railroads—All of the above rules that are
practical and possible of enforcement should
be used by main line railroads as well as the
logging railroads. If the proper officials of
all railroads will issue written instructions to
their employees to carry out the provisions of
the forest laws applicable to railroads a tre-
mendous improvement can be made and many
fires averted. Trackmen should be instructed
to clean all rights of way at least twice per
year of inflammable material. Sufficient
trackmen should be kept to promptly put out
any fires that may occur along the rights of
way. All locomotives should be equipped
with proper screens to prevent the escape of
sparks and hot cinders and with adequate
devices to prevent the escape of fire from ash

5

pans, and a proper inspection should be made
of all such devices at short intervals during —
the dry weather in both spring and autumn.
Instructions should be issued to all engi-
neers, conductors and all employees to report
fires to the railroad agents as is required by
law.

Persons Burning Brush—Before burning
brush or clearing land, notify the fire war-
den. Burn brush in still weather or when
the breeze is away from adjacent timber and
towards open land. If possible, the best time
is in cloudy weather just before a rain storm.

If there is a lookout station in your vicinity
notify the lookout watchman so that he will
know that you are going to burn your brush,
as otherwise he will likely go to the trouble
of summoning men to fight what he takes to
be a forest fire. Always have plenty of per-
sons close around when burning brush so
that in case this fire escapes and gets into
woodland you will be able to extinguish it.

Campers, Hunters, Fishermen, Etc—Be
careful of your campfire. Never build your
campfire larger than is needed, rake leaves
and dry wood away from it, and in windy
weather dig a shaNow hole for it. Never
build a fire against hollow logs or trees where
it will be hard to extinguish. Never leave
camp until you have entirely extinguished
the fire with water.

Be careful with matches, cigar or cigarette
stubs and burning tobacco and never throw
them where there will be any chance of them
igniting leaves or wood.

Rural Mail Carriers—The post office de-
partment of the United States government has
requested all rural and star route carriers to

6

notify the proper authorities when they dis-
cover a fire along their route, and fire warden
should use every means to secure their hearty
cooperation along this line.

Any suggestion as to a possible way to bet-
ter the system will be given the most careful
attention when sent to the commission.

LAWS RELATING TO

Marsh, Swamp, Field and Forest

Fires.

Chapter 282 Laws of 1917.

Issued by the Wisconsin State Conservation
Commission.

State and Local Fire Wardens. (SEcTION
26.11) The commission shall be in charge
of and give suitable directions to the entire
fire warden force of the state. The chairman
of the town board of each town in the state
shall be the town fire warden for such town
and the superintendents of highways for the
different road districts within the different
towns shall be assistant town fire wardens
for their respective towns.

Powers of Conservation Commission.
(SecTION 26.12) The commission shall have
general charge of the fire warden force of
the state, and shall have authority to mass
such fire warden force as may be available at
any special point to suppress fires. In cases
of emergency, or when the town shall have
no highway superintendents, or the town
shall be unusually large, the commission may
on recommendation of the town chairman,
appoint, temporarily, needed fire wardens,
whose duties and authority shall be the same
as herein provided for town and assistant
town fire wardens.

Duties of Fire Wardens; Police Powers; Com-
pensation and Rewards; Taxation and Pay-
ment. (SECTION 26.13) (1) Each fire war-
den before entering upon his duties, shall

take an oath of office and file the same with
the commission. All fire wardens shall take
prompt and effective measures against the
spread and illegal setting of forest, field,
marsh or swamp fires within their towns and
districts and shall have the power of sheriffs
to arrest without warrant for violations of
the provisions of any sections of the statutes
relating to setting, failure to extinguish, or
care of fires. They shall have authority to
call upon any able-bodied citizen, in terri-
tory in which they act, to assist in extin-
guishing forest, marsh. swamp and other
running fires in such manner as they may
direct.

(2) Those assisting either the town or
assistant town fire wardens in the extin-
guishing of forest, marsh, swamp and other
fires shall receive compensation for their
services at not more than twenty cents (20c)
per hour for the time actually employed.
The commission is authorized to approve for
payment not to exceed fifty per cent (50%)
of the clear proceeds of any fine collected
in an action brought for a violation of any
of the provisions of sections 4405a to 4406 of
the statutes relating to setting, failure to put
out or care of fires, where the evidence to
secure a conviction is furnished by a town
fire warden, an assistant town fire warden, or
any other person.

(3) No payment shall be made to any
claimant under this section until he shall

9

have presented an itemized account and made .
oath or affirmation that said account is just
and correct, which account shall be audited
and approved by the town board. The town
board shall thereupon direct the town clerk
to issue a warrant upon the town treasurer
for the sum to which such claimant is en-
titled, and the town treasurer shall pay the
same.

(4) Expense borne by road districts of
Towns. The expense of preventing or ex-
tinguishing forest, marsh, swamp or other
running fires by the town or assistant town
fire wardens, and by those called upon by
either of said fire wardens to assist them,
shall be borne by the road district or dis-
tricts within which the expense was incurred,
and the superintendent of highways of each
road district, or if there is no such road
superintendent then the town board, may
levy and assess a tax for defraying such ex-
pense. Such tax shall be collected in the
same manner as other taxes, and such tax
when so collected shall be paid into the town
treasury from which such expense is paid.

Payment of Fire Wardens Appointed by
the Commission. (SECTION 26.14) (1) Each
fire warden appointed by the Commission to
act in case of emergency, shall receive for
his actual services rendered, two dollars
(2.00) per day, one-half of which shall be
paid by the county where such service is
performed, and one-half by the state; and
any employee engaged by the commission or
by any fire warden appointed by the com-
mission, to assist in preventing or suppress-
ing forest, swamp, marsh or other running

10

fires shall receive for such services not more
than twenty’ cents (20c) per hour, and said
expense shall also be paid, one-half by the
county where such service is performed, and
one-half by the state.

(2) The fire wardens appointed by the
commission shall prepare itemized accounts
for their own services and the services of
their assistants, and no such account shall be
paid until it has been approved by the com-
mission. The secretary of state shall not
issue warrants for more than ten thousand
dollars ($10,000.00) for fighting forest fires
in any one county in any one year, and one-
half the amount paid by the state shall be
refunded to the state by the county, in which
the fires were fought. In case the work of
fighting fires covers a portion of two or more
counties, the amount to be paid by each
county shall be decided by the commission.

(3) As soon as any account has been paid
by the state treasurer, the commission shall
send to the proper county treasurer a bill
for the county's share of the expenses and a
copy of the bill shall be filed with the secre-
tary of state. The county shall have sixty
(60) days within which to pay such bill, but
if not paid within that time, the county
shall be liable for interest at the rate of six
per centum (6%) per annum. Ife Said srxty.
~ days shall have elapsed without payment be-
fore the time provided by law for the sec-
retary of state to certify to the counties the
levy for state taxes, he shall include an a-
mount sufficient to pay such bill as a part of
the levy against the county for state taxes.

ot

Liability of Town Fire Wardens and Cit-
izens. SECTION (26.15) Any fire warden who
shall refuse to carry out the provisions of
section \26.13 or any able-bodied citizen who
shall refuse to render assistance as provided
by said section, shall be punished by a fine of
not less than ten ($10) or more than fifty
($50) dollars, or by imprisonment in the
county jail for not less than ten (10) or
more than thirty (30) days, or by both
such fine and imprisonment.

Posting Fire Warning Notices. SEcTION
(26.16) Each town fire warden ang assistant
town fire warden shall post or cause to be
posted conspicuously in those parts of his
town or district where fires are likely to oc-
cur, all notices furnished him for that pur-
pose by the commission.

Reports by Fire Wardens. SECTION (26.17)
Every assistant town fire warden, immedi-
ately after each fire within his district shall
forward to the commission and to the town
fire warden a detailed report of said fire.
The town fire warden shall report to the
commission, annually, on or before the first
day of December, a summary of all forest
fires within their towns or districts during
the year and such other matters as the com-
mission may direct..

Note.—The words ‘‘assistant town fire war-
den” mean the ROAD SUPERINTENDENT.
The words ‘town fire warden’’ mean _ the
TOWN CHAIRMAN. The word ‘‘commis-
sion”? means the State Conservation Commis-
sion,

12

District Attorneys to Prosecute. SEcrion
(26.18) Whenever an arrest shall have been
made for any violation of any provision of
this chapter, or whenever any information
of such violation shall have been lodged
with him, it shall be the duty of the district
attorney of the county in which the criminal
act was committed to prosecute the cffender
or Offenders. If any district attorney should
fail to comply with the provisions of this
section he shall be guilty of a misdemeanor
and upon conviction shall be fined not less
than $100 nor more than $1,000, or be im-
prisoned not less than 30 days nor tore
than one year, or both in the discretion of
the court. The penalties of this section
shall apply to any magistrate, with proper
authority, who refuses or neglects without
cause to issue a warrant for the arrest an
prosecution of any person or persons when
complaint, under oath, of violation of any
terms of this chapter has been lodged with
him.

LAWS RELATING TO SETTING OF FIRES.

Destruction of Warning Notices. SECTION
(26.19) Any person who shall maliciously or
wilfully destroy, deface, remove or disfigure
any sign, poster or warning notice posted
under the provisions of this chapter snall
be guilty of a misdemeanor and punishable
upon conviction by a fine of not less than
$15 nor more than $100, or by imprisonment
in the county jail for a period of not less than
ten 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 upyvn any land in
said town or district, except for warming the
persen or cooking food, until written per-
mission has been received from one of the
five wardens of saiq 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 pnnished
by a fine of not less than ten nor more than
fifty dollars, or by impriscrnment in the county
jail not more than six months for each of-
fense.

Liability of Persons who Build Fires. SeEc-
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 ana
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 fixe

LAWS RELATING TO RAILROADS.

Liability of Railways for Damages Caused
by Fire. SeEcrion (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 right of way by employes of such
corporation, and each such railroad corpor-
ation 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 locomv-
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

and to recover the same it shall only be
necessary for him to prove the loss of or
injury 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 oceurred, such
owner shall be entitled to recover from tne
corporation double the amoun+ of damages
actually sustained by him in any court of
competent jurisdiction. If such .company
shall, within sitxy 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 recover 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.

(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,

17

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.

(5) Depositing Fire or Ashes on Tracks.
No such corporation shall permit its employes
to deposit fire, live coals, or ashes upon their
tracks outside of 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 oceurs 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 provi e
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 civil 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 of-
ficers, agents, or employes, wilfully violating
the provisions of this section, shall be liable
to a 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 the state.

20

(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.

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