TRESPASS. 9 



rant for the arrest of the offender, in accordance with instructions 

 given under "Settlement of trespass cases." 



Cases where fire spreads after all reasonable precautions are taken, 

 or where the fire is entirely the result of accident, 



anocent fire w j}j ^ e considered innocent, and only actual or com- 

 pensatory damages will be demanded. 



All cases where fires are set maliciously, or allowed to spread 

 through gross carelessness or neglect, or, in viola- 

 trespass. tion of an y Federal or State law, are willful, and 

 evidence should be secured and report prepared with 

 a view to criminal prosecution as well as the collection of damages. 



Since fire trespass involves rather difficult considerations of damage 



R to young growth, soil productivity, damage to forage, 



etc., Forest officers should feel free to call upon the 

 supervisor for assistance and advice, and he in turn upon the district 

 forester. Extreme care is necessary in the preparation of reports, 

 since they are the basis for determining whether the trespass is inno- 

 cent or willful, and if the latter, the basis for preparing the case for 

 either civil or criminal prosecution. The report, as outlined on Form 

 856, will be submitted by the supervisor as soon after the fire is out as 

 the data can be obtained. 



After receipt of report from the supervisor the district forester will 



Pr edure ac ^ * n accor d ance with the procedure outlined under 



"Settlement of trespass cases." If a fire burns over 

 portions of two or more National Forests, action will be taken by the 

 district forester after the reports and recommendations from all the 

 supervisors concerned are received. In the district office fire trespass 

 cases will be handled by the office of silviculture with any necessary 

 advice and information as to the cost of fighting the fire and the 

 injury to forage from the offices of operation and grazing respec- 

 tively. In Washington they will be handled by the branch of silvi- 

 culture, with any necessary advice and information from the branches 

 of operation and grazing. 



TIMBER TRESPASS (Reg. T-2). 



By section 49 of the penal code (act of Mar. 4, 1909, 35 Stats., 

 1088), the cutting of, or causing or procuring to be 



dations on d ublic cu ^' Or ^ e wan ^ on destruction of, or causing to be 

 wantonly destroyed, any timber growing on the 

 public lands of the United States, or the removal, or 

 causing the removal of, any timber from such lands, is a criminal 

 offense, punishable by a fine of not more than $1,000, or imprison- 

 ment for not more than one year, or by both fine and imprisonment. 

 It is further provided, however, that : 



"Nothing in this section shall prevent any miner or agricul- 

 turist from clearing his land in the ordinary working of his 

 mining claim, or in the preparation of his farm for tillage, or 

 from taking timber necessary to support his improvements, or 

 the taking of timber for the use of the United States. And 

 nothing in this section shall interfere with or take away any 

 right or privilege under any existing law of the United States 

 to cut or remove timber from any public lands." 



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