GEORGE W. WOODRUFF AND PHILIP P. WELLS, FOREST SERVICE,

UNITED STATES DEPARTMENT OF AGRICULTURE

Many important forest laws have been enacted during the year. California ('05 ch.157) provided for continued cooperation with the Forest Service in the study of state forest resources, to formulate a proper forest policy. As a result of previous cooperative study, the Forest Service prepared a general forest law for the state ('05 ch.264), embodying the features considered most essential in state forest legislation, viz: a state board of forestry, nonpolitical in character; a state forester, technically trained and certified as such by competent authority; a forest firewarden service; civil and criminal liability for causing forest fires and for forest trespass; a closed season for burning slashings, etc., during which special permission and extraordinary precautions are required; safeguards against the spread of fire from railroad and other engines in and near timber land.

During the year under review California ('05 ch.264), Vermont ('04 ch.16), Washington ('05 ch.164), Wisconsin ('05 ch.264) and Idaho ('05 p.145) passed general forest administration laws; and a New Jersey statute ('05 ch.47) concerning forest reserves, noted below, provided for the publication and distribution of reports and bulletins and the encouragement of private owners in good forest management. In Vermont one member of the State Board of Agriculture is to be designated by the Governor as State Forestry Commissioner, and is to prepare and distribute forest information and report biennially to the Governor. California, Washington and Wisconsin create state forest boards, which are variously constituted and named. A state forester, who is also state firewarden, is 'See also Governors Messages and Index of Legislation, 1890.

appointed by the board (in California by the Governor) and is its secretary and executive officer, charged with the administration of the forest laws and the control of state forest work, including the collection and publication of information. In California and Wisconsin he must be technically trained, receives an adequate salary (California $2400, Wisconsin $2500) and has assistants (California two, appointed by him, salary $1200; Wisconsin, one, appointed by the board and technically trained, salary $1500). The Idaho statute is an attempt to establish a forest policy without a forest service. The forest lands of the state are administered by the Board of Land Commissioners. Any person desiring to cut trees on state lands must agree to use precautions against fire and other damage, and show that the trees are not necessary for the conservation of water on any irrigation watershed, or (sic) are on nonagricultural lands. The lands and timber are to be inspected and appraised, notice given to all water users who may be affected, their protests considered, and a court hearing allowed if the board overrules any protest. These proceedings are at the expense of the applicant. The timber is sold to the highest bidder, who must furnish bond with surety. The minimum diameter for cutting is 12 inches for general purposes and 5 inches for local use in fencing and mining. California has taken steps to create a forest fund ('05 ch.187, 264), and has empowered counties to appropriate money for the preservation, reforestation and fire protection of forests on public lands ('05 ch.337).

Tax exemption and bounty laws have been adopted in three states. North Dakota ('05 ch.187) offers to farmers $3 an acre for plantations of one and not more than 10 acres of prairie land, which must be cultivated and kept in a thrifty condition. This sum is to be deducted annually for five years from the farm taxes. The state also offers a bounty for planting hedgerows as boundary lines. Pennsylvania ('05 ch.179) deducts for 35 years, 80% of the local and county taxes (not to exceed 45 cents an acre) for forest plantations of not more than 500 acres in one ownership. There must be at least 300 trees an acre and pasturage is forbidden until 200 trees on each acre are 4 inches in diameter. The same deduction is given for maintaining a sprout forest under the same conditions; and also, without limit as to time ('05 ch.88) for retaining not less than 50 trees an acre at least 8 inches in diameter on not more than 50 acres in one ownership. Vermont ('04 ch.17) allows a complete tax exemption for 10 years for plantations on waste or uncultivated land, made and cared for under rules and regulations of the State

Forestry Commissioner. Hawaii ('05 ch.6) exempts all property actually used in the production of rubber and cork-oak for commercial purposes. Indiana ('05 ch.49) repeals the law ('99 ch.256) for the appraisal of forest lands at $1 an acre.

A forest fire service, more or less complete, is established in II states and territories (Me. '05 ch.44; N. H. '05 ch.97; Vt. '04 ch.16; Ct. '05 ch.238; Ind. '05 ch.49; Wis. '05 ch.264; Id. '05 p.145-48; Wash. '05 ch.164; Or. '05 ch.227; Cal. '05 ch.264; Hawaii '05 ch.71). Indiana lays upon township road supervisors the duty of extinguishing forest fires and employing help for that purpose when necessary. In Idaho the State Board of Land Commissioners may employ not more than six persons at $5 a day to administer the forest fire law; and land officers, game wardens and all peace officers have power to enforce this law and make arrests. In New Hampshire and Vermont specified town officers are forest firewardens. In other states special appointments are made for each town (Ct.), county (Or., "fire rangers") or district (Wash., Cal., Hawaii and the unorganized townships of Me.). In Oregon such appointment is to be made only on the application and at the expense of property owners. These officers are, in general, under the supervision and direction of the State Forester (Oregon excepted). They are to enforce the forest fire laws, make arrests, extinguish fires, summon citizens to assist under various penalties (except Me.) for disobedience, impress property when necessary (except Me. and Vt.), establish patrols in places and times of special danger, post fire notices, etc. Pennsylvania ('05 ch.65) increases the compensation per hour of firewardens and persons assisting them, and the penalty for refusing assistance. Minnesota ('05 ch.82) increases the share of the county in the expense of fire fighting to one half, which is paid in the first instance by the state; and increases ('05 ch.310) the salary of the Chief Firewarden of the state to $1500.

Under the general fire laws cited above are included certain special measures of precaution, such as requiring all persons to report fires (N. H.); prohibiting the leaving of camp or other fires unextinguished (Id., Cal., Or.) or the use of combustible gun wadding (Or.); requiring rights of way along county roads to be cleared of inflammable material and the slashings of lumbermen to be burned when and as ordered by the state board (Cal.); establishing a "dry" or "closed" season during which the use of fire in woodlands is prohibited except with the written permission and under the supervision of a firewarden and then under proper conditions for safety (Cal., Or., Wash., Hawaii; restricted in Washington to counties

where there is a deputy firewarden, and in Hawaii to times and places fixed by warning issued by the Chief Firèwarden); requiring the equipment of locomotives, logging and other engines with spark arresters and devices to prevent the escape of fire from ash pans and fire boxes (Wis., Wash., Or., Cal.; limited in Oregon to timber districts, and oil-burning engines excepted in Wisconsin and California).

Similar provisions, relating specifically to railroads, require that locomotives in forested areas be equipped with spark arresters, and that railroads shall be liable for timber burned because of violation of the act (Id. '05 p.145); that the right of way be kept free from inflammable material (Id. '05 p.145; Wis. '05 ch.264); that such clearing be done once a year, that no fire, live coals, or ashes be left on the tracks outside yard limits, that trainmen report fires to the station agent at their next stopping place, and that the right of way be inspected by the State Firewarden or his assistant (Wis. '05, ch.264).

Fire trespass has, in general, been more broadly defined and the penalties increased until in Hawaii ('05 ch.71) a fine of $5000 may be imposed. In two states (Cal. '05 ch.264, Wis. 05 ch.264) double damages may be recovered by the injured party if wilfulness, malice or negligence is proved, and the public expense incurred in fire fighting may also be recovered. In California ('05 ch.264) and Hawaii ('05 ch.71) the setting of fire on the lands of another or letting it escape from one's own land is prima facie evidence of wilfulness and neglect. New York ('05 ch.285) transfers to the Superintendent of Forests the enforcement of the forest trespass laws.

Several states have provided for forest reserves. New Jersey ('05 ch.47) creates a state board of forest park reservation commissioners consisting of the Governor, State Geologist and three citizens, who are empowered to acquire land by deed, gift, devise or condemnation, to care for, manage and preserve the forest reserves, cut and sell timber and maintain public roads through them. The procedure for establishing a "forest park reservation" includes a survey and the filing of a map, and no compensation is to be paid for improvements thereafter made. Minnesota ('05 ch.83) accepts the 20,000 acres granted for forestry purposes by Congress and ('05 ch. 277, 297) designates certain lands for state parks. In Wisconsin ('05 ch.264) all state land north of township 33 is made a forest reserve to be managed by the State Forester; conservative lumbering is to be carried on, and timber and other products sold to the highest bidder; on the recommendation of the State Forester, ap

proved by the state board, reserved land which is found more suitable for other than forest purposes may be sold; the proceeds of such sales, and of timber and other products, and penalties for trespass, are to constitute a fund for the improvement, protection and enlargement of the reserve; the state board may accept any gift of land for the reserve, and may examine places of natural interest and report to the Legislature as to securing them for public parks; and the reserve is to be protected by State Trespass Agents, appointed by and responsible to the State Forester. In California ('05 ch.187) the state forestry fund may be used for the "acquisition" of forests. The "forest preserve districts" of Illinois ('05 p.279) are concerned chiefly with the maintenance of pleasure driveways. Pennsylvania ('05 ch.81) compensates school districts and townships for taxes lost by the inclusion of lands in the state reservations, by paying annually 1 cent an acre on such lands for schools and 2 cents for roads. The importance of forests for water conservation is recognized by two statutes, granting water rights in state reservation to municipalities (Pa. '05 ch.114) and providing for the determination of the water power of all streams in the state reserve (Wis. '05 ch.95).

The governors of the various states recommended that laws be enacted as follows: To create the office of state forester, and to make it optional for the state land board to sell or refuse to sell timber lands (Col.); to investigate and publish facts relating to forest areas (W. Va.); to tax forest lands only on their product as cut (Mass.); to empower game wardens to act as fire wardens (Fla.); to require railroads to extinguish all fires within 100 feet of their tracks, and persons who fell timber to remove all debris with the lumber (Pa.); to withhold from sale state lands suitable for forest reservations (Pa.).