FIREWARDEN'S REPORT. 31 



ized to show each instance in which a violation of the law has 

 been reported. Not every case can be supported by legal evidence 

 sufficient to convict, and circumstances in some made it inad- 

 visable to push the matter to a penalty. The latter class com- 

 prises but a small number, and few known violators have been 

 released without being held accountable in some way. Each vio- 

 lation case is judged on its individual merits, and the Forest 

 Commission finds it inexpedient to insist on equal severity. Thus, 

 when the infliction of a penalty would have imposed a burden 

 on the township in caring for dependents of a violator a 'settle- 

 ment was made in another way. In some other cases the fire- 

 fighters concerned withdrew their claims for pay in order to 

 spare the offender. In another instance a man was allowed to 

 work out his fine on a State reserve, since his condition made 

 money payment impossible. 



As will be seen from Tables VII, VIII and IX, a large propor- 

 tion of the offenders are released from liability upon payment 

 of the whole cost of the fire. While in no way retreating from 

 its intention to prosecute every violator of the law, the com- 

 mission seeks to prevent fires, rather than to impose penalties. 

 Thus, when the fault lies not in the intention but in excusable 

 ignorance of the law, poor judgment or pure accident, harsh 

 measures and consequent enmities are not only impolitic but 

 unjust. This position is strengthened by the provision of law 

 that money so recovered shall be paid to the township by which 

 it was originally expended. 



The continued co-operation of the railroads in settling bills 

 for fighting fire in every case where there is reasonable evidence 

 of their responsibility gives assurance of their appreciation of 

 the service rendered. Of 192 fires on which claims were made, 

 83 have already been settled and 15 withdrawn upon evidence 

 developed by the companies that the responsibility was mis- 

 placed. The 94 others still pending adjustment are expected 

 to be in large part settled on the opening of the new calendar 

 year, in accordance with an arrangement permitting periodic 

 instead of individual settlements of these cases.* 



In no case this year has a court trial been necessary, although 



* Fifty-three of these 94 were settled before April i, 1912. 



