196 North American Forests and Forestry 



burning by campers miles away from any human 

 habitation, and how can evidence against the per- 

 petrators possibly be obtained ? Even where direct 

 or circumstantial evidence could be had, if the peo- 

 ple of the vicinity were willing to testify, witnesses 

 are extremely reluctant to go on the witness stand 

 for fear of incurring the enmity of their neighbors. 

 Then, also, who is there to begin the prosecution ? 

 The state's attorney is at the county seat, perhaps 

 many miles away, and cannot act unless a complaint 

 is made to him ; and who will go out of his way 

 to make such complaint, purely for the public good 

 and with much inconvenience and possible injury 

 to himself ? To cause people to make complaints 

 the statutes often promise to the informer a portion 

 of the fine collected from the offender. But the 

 very fact that the complaining witness is pecuniarily 

 interested in the success of the prosecution discred- 

 its him in the eyes of court and jury and makes a 

 conviction more difficult. So it may be said that 

 penal statutes against negligence in the handling of 

 fire are of themselves ineffectual and usually mere 

 dead letters. 



A step forward is taken where it is made the 

 express duty of constables and other rural officials 

 to enforce the fire laws. Although the compensa- 

 tion of such officers is usually derived from the fees 

 and costs collected with the fine imposed on offen- 

 ders, yet as the constable is merely doing his offi- 

 cial duty there is no such stigma attaching to his acts 

 as keeps private parties from becoming informers 



