122 INJURY TO TREES AS A CRIME 



powers as to requiring reasonable precautionary efforts 

 against fire on the part of railroad operators, the legislature, 

 in imposing such duties upon railroad companies, must main- 

 tain a due regard for private property rights. Although 

 several statutes have authorized the removal of inflammable 

 material from private lands adjacent to railroads, the New 

 Jersey act of April 12, 1909, requiring the construction of 

 fire lines adjacent to all railroads and providing no compen- 

 sation to nd joining owners for the cutting of timber or the 

 digging of the soil adjacent to the right of way was declared 

 unconstitutional in 1913. 1 



100. Federal Trespass Statutes and the Interpreta- 

 tion of them by the Courts. A Federal statute of March 

 2, 1831 (4 Stat. 472) imposed a penalty of not less than 

 triple value and imprisonment for not over twelve months 

 for the offense of unlawfully cutting, removing, or wantonly 

 destroying live oak, red cedar, or other timber on lands of the 

 United States reserved for naval purposes, or for cutting or 

 removing timber from other lands of the United States with 

 intent to export it or use it for any purpose other than for the 

 United States navy. 2 An act of March 3, 1859, (11 Stat. 

 408) imposed a penalty of not over $500 and imprisonment 

 for not over twelve months for the unlawful cutting and de- 

 stroying of any timber standing upon land reserved or pur- 

 chased by the United States for military or other purposes. 

 An act of March 3, 1875 (18 Stat. 481.) imposed a fine of not 

 over $500 or imprisonment for not over twelve months for 

 the cutting or injuring of ornamental or other trees on lands 

 reserved or purchased for public uses by the United States. 

 The acts of 1859 and 1875 were held not to apply to the 



(Footnote 1 concluded from preceding page) 

 Wash. Act. Mar. 16, 1903, 8. L. Ch. 114 (appliances) ; Suppl. 1913 to Code of 1910, 



sec. 5277-14 to 5277-18. Amdts. S. L. 1911, ch. 125, sec. 14-18. 

 VV. Va.Act Mar. 1, 1909, S. L. ch. 60, p. 470; code 1915, ch. 62, sec. 54, 54a (appli- 

 ances and clearing right of way) . 



Wis. Act. Apr. 17. 1895, S. L. ch. 266, p. 522; act May 25, 1905, ch. 264, sec. 17. 



Act May 13, 1909 ch. 119. (patrol inspection); act June 30, 1911, ch. 



494 (insp.,adds traction & portable) S. L. 1911, ch. 664, sec. 100, 107 



(cor.) 



Wyo. Act Mar. 8, 1886, S. L. ch. 50, p. 106 (plowing); act Jan. 8, 1891, S. L. ch. 



34, p. 156 (burning right of way). 



1. Vreeland v. Forest Commission, 12 Buchanan 349. Cf. C. C. C. & St. L. R. R. v. 

 Hamilton, 200 111. 633; Checkley v. 111. Cent. R. R., 257 111., 491 (requirement to 

 clear right of way constitutional) . 

 :2. Cf. Act March 1. 1817, (3 Stat. L. 347). 



