INSTRUCTIONS AND PROCEDURE. 



UNITED STATES DEPARTMENT OF AGRICULTURE, 



FOREST SERVICE, 

 Washington, Augusts, 1911. 



The following procedure and instructions are hereby established 

 and issued, to take effect on September 1, 1911, governing the enforce- 

 ment of regulations of the Secretary of Agriculture relating to the 

 prevention of, and governing the method and manner of handling 

 and adjusting, trespasses upon the National Forests. 



HENRY S. GRAVES, Forester. 

 Approved. 



JAMES WILSON, 



Secretary. 



FIRE TRESPASS (Reg. T-l). 



The act of June 4, 1897, authorizes the Secretary of Agriculture to 



make rules and regulations for the occupancy, use, 



^ National Forest and protection of the National Forests and provides 



ladonT and ie ^ U " ^ ia ^ an y v il a ti n f such rules and regulations shall 

 be punishable by a fine of not more than $500, or 

 imprisonment for not more than 12 months, or both. The Secretary 

 in the exercise of this authority promulgated Regulation T-l to 

 insure care with fires and thus protect National Forest resources. 

 Section 52 of the act of March 4, 1909 (35 Stat,, 1088), provides a 

 fine of not more than $5,000, or not more than two 

 ^ 7 ears> imprisonment, or both fine and imprisonment, 

 for willfully setting on fire or causing to be set on fire 

 any timber, underbrush, or grass upon the public domain or for leav- 

 ing or suffering a fire to burn unattended near any timber or other 

 inflammable material. 



Section 53 of the same act provides a fine of not more than $1,000, 

 Failing to ex- or not more than one year's imprisonment, or both 

 tinguish fires on fine and imprisonment, for failure to totally extin- 

 public lands. guish a fire built in or near any forest, timber, or other 

 inflammable material upon the public domain before leaving it. 

 Offenders can be prosecuted under either of these acts. The 

 p r . United States, having all of the legal remedies of a 



private citizen, can, in addition to criminal prosecu- 

 tion, bring civil suit to recover damages for loss by fire. 



In certain cases criminal prosecution under the State laws may be 

 advisable. Such prosecutions must, of course, be 

 der s S tatelaw. Ur ~ conducted in the State courts and by State authori- 

 ties, with such assistance as may be rendered by the 

 district assistant to the Solicitor. Proof in criminal cases must be 

 very specific. Great care should be taken to collect evidence by 



