378 



AMERICAN FORESTRY 



In times or localities of particular fire 

 danger, or to enforce the fire laws or ap- 

 prehend and prosecute violators thereof, 

 the state forester may appoint or employ, 

 independently or Jointly with other agen- 

 cies, such additional fire wardens, and to 

 furnish these such assistance and facilities 

 for protecting life or property from fire as 

 he shall deem public safety demands, and 

 unless contributed to by other sources, the 

 cost thereof shall be paid from the funds 

 appropriated by this act, but each county 

 in which such service is given shall be re- 

 sponsible for one third the expense thus 

 actually incurred and paid by the state 

 for services within said county, and upon 

 demand by the state treasurer shall pay 

 the amount thus due the state treasury to 

 be credited to the fund appropriated by 

 this act. 



Setting fires or causing fires to be set 

 on land of another without permission of 

 the owner; wilfully or negligently allow- 

 ing fire to escape from a man's own land; 

 accidentally setting fire on land of his own 

 or of another and allowing it to escape 

 without using every effort to extinguish it, 

 are punishable by $50 to $100 fine or one 

 month to one year imprisonment. 



Camp Fires Permitted — When 



Camp fires may be built in a careful 

 manner on uninclosed land if same is not 

 forbidden by personal or posted notice of 

 the owner, but fire must be totally extin- 

 guished by the builder before departing. 

 Ground around camp fires must be cleared 

 of all material which will carry fire, and 

 fires must not be left burning or unattend- 

 ed or permitted to spread on land of an- 

 other, under penalty of fine or imprison- 

 ment 



Back fires are permitted if set In good 

 faith to prevent the progress of fire already 

 burning. 



The use of inflammable gun wadding in 

 firearms discharged on land of another is 

 punishable by fine or imprisonment. 



Spark Arresters on Engines 



Adequate spark arresters must be kept in 

 constant use and repair during the closed 

 season — June 1 to October 1 — on all loco- 

 motives, logging engines, portable engines, 

 traction or stationary engines using fuel 

 other than oil in or near forest or brush 

 land under penalty of $25 to $100. Escape 

 of fire from any such engine is proof of 

 violation of law, and each engine not 

 equipped with required spark arrester is 

 deemed a separate offense. 



All annual slashings by those engaged in 

 logging or permitting logging on their 

 lands must be burned each year and the 

 fire confined to the lands of those doing 

 the burning. If burned between June 1 

 and October 1 all dead trees or snags over 

 25 feet high must be cut down. Such burn- 

 ing is also subject to the provision of sec- 

 tion 8. Penalties are $100 to $1,000. 



State forester may suspend these restric- 

 tions where public safety permits or re- 

 quires, but may have such burning done 

 at the expense of the offender who fails 

 to comply with the law after proper notice. 



Keeping Out Debris 



All inflammable material resulting from 

 clearing or construction of tra Is, roads and 

 railroads must be immediately destroyed 

 or removed unless prevented under the 

 provisions of section 8. Those operating 

 railroads with coal or wood fuel shall an- 

 nually, or when directed by the state board 

 of forestry, destroy or remove all inflam- 

 mable material from their rights of way, in 

 accordance with the directions of said 

 board. 



Setting fire unlawfully with intent to 

 injure property of another is deemed a fel- 

 ony and is punishable by one to ten years 

 in the penitentiary. 



In addition to the penalties of this law, 

 damages maj' be recovered, in civil action, 

 brought by persons whose property has 

 been injured or destroyed, against those 

 responsible, to the extent of double the 

 amount of damages if fire occurs through 

 wilfulness, malice or negligence. But if 

 fire was accidental or unavoidable action 

 shall lie only for actual damage. 



Persons or corporations causing fire in 

 violation of this law are liable for the full 

 amount of all expense incurred in fighting 

 such fires. 



Reward for Information 



One half of the fine paid by any one con- 

 victed of violating this law will be paid to 

 any person, not employed and compensated 

 as a fire warden, who furnishes informa- 

 tion leading to the arrest and conviction. 



All fines imposed under this law, less 

 cost of collection and information, shall 

 go to the county in which conviction is 

 had. 



District Attorney to Prosecute 



The district attorney must prosecute 

 with all diligence and energy whenever an 

 arrest is made for violation of this law 

 within his district, or whenever an evi- 

 dence is lodged with him showing with rea- 

 sonable certainty any such violation. Fail- 

 ure of the district attorney to act is pun- 

 ishable by $100 to $1,000 fine. The same 

 penalty applies to justices of the peace who 

 refuse or neglect to issue warrants for 

 the arrest of persons when complaint un- 

 der oath has been lodged with them. 



Wilful destruction of any notice posted 

 in compliance with this law is punishable 

 by $10 to $50 fine or imprisonment one 

 day for each $2 thereof. 



Boards of county commissioners may ap- 

 propriate money for forest protection un- 

 der the provisions of this law, and expen- 

 ses so incurred shall be a proper county 

 charge. 



