262 ECONOMICS OF FORESTRY. 



at least part of the burden should be borne by the 

 state or local community. 



In European countries the existence of well- 

 organized state forest administrations renders the 

 execution of legislation for the protection of forest 

 properties much easier, since there is a machinery 

 of officials whose functions can be readily extended. 



These officials, as well as those employed by 

 private owners under prescribed conditions, are 

 under oath, uniformed, and endowed with sheriffs' 

 power, and can, therefore, act readily. Even the 

 forest owner has, in Prussia, the right to call out 

 assistance to fight fires, which assistance is obliga- 

 tory on every citizen. 



Curiously enough, regarding property rights, the 

 mediaeval idea, that the forest is more or less com- 

 mon property (" quia non res possessa, sed de ligno 

 agitur"), dominates still the modern laws of Europe, 

 which look with more leniency upon depredations 

 on forest property than upon other common theft, 

 and the proceedings and amount and character of 

 punishment are also special. Among the latter 

 obligatory work in the forest is a significant one. 

 But the punishment for incendiaries is so much 

 severer. The German code makes wilful incendi- 

 arism punishable by penitentiary up to ten years, 

 and negligent incendiarism by prison up to one 

 year. Railroad companies are obliged to main- 

 tain safety strips as described on p. 194, and are 

 enjoined to take other precautions. 



