THE CASE OF THE STATE OF LOUISIANA 417 



This resolution passed the legislature subject to a referendum vote of the 

 people at the fall election of 1910. The people voted the amendment. 



Meanwhile in June, 1910, the revenue bill, framed by Mr. Foster, was 

 passed by the legislature, but with the "tag," contained in section 9 : 



"Be it further enacted, etc.. That this Act shall not go into effect unless 

 and until the proposed amendment to the Constitution of this State, amend- 

 ing Article 229 thereof, has been adopted, which amendment is to be sub- 

 mitted to the people as provided by this Legislature." 



Upon the technicality involved, the great lumber companies of the state 

 have held up the revenue bill, claiming in the courts that a bill cannot be 

 effective which depends upon an amendment to the constitution at some future 

 time. 



This revenue bill, which involves double taxation, a tax on standing 

 timber and a tax on the timber when cut has therefore remained inoperative 

 the past year pending settlement of the question in the courts. 



The general forestry bill, therefore, stands as the achievement of the 

 legislative session of 1910. The bill as originally framed provided for the 

 appointment of jjermanent fire wardens, thus keeping those offices outside the 

 domain of politics. Owing to political feeling, the permanent appointment 

 was eliminated, thus changing the original intent of the bill. The text of 

 the bill follows : 



AN ACT 



To amend and re-enact Act No. 113 of the Session of 1904, approved July 4, 1904, 

 entitled "An act to establish a department of forestry; to provide for its proper 

 administration; to provide for the preservation of the forests of this state and 

 the suppression and prevention of forest fires; to provide for the reforesting of 

 denuded forest lands, and for the proper instruction relative to forestry in the 

 schools of this state; to provide penalties for the violation of this act and for 

 other purposes; to provide for the appointment of deputy forester by the governor; 

 to fix the assessed valuation, for a period of from ten to thirty years, of lands 

 which shall be planted in trees; to create a forest reserve fund and to provide 

 for the payment of all fines, forfeitures and penalties arising under the pro- 

 visions of this act into said fund." 



Section 1. Be it enacted by the General Assembly of the State of Louisiana, That 

 Act No. 113 of the session of 1904, approved July 4, 1904, be amended and re-enacted so 

 as to read as follows: 



An act to establish a department of forestry, to provide for its proper adminis- 

 tration, to provide for the services of a state forester, to provide for the acceptance 

 of gifts of land by the state forests, and the administration thereof; to provide for 

 the preservation of the forests of the state and the prevention and suppression of 

 forest fires; to provide penalties for the violation of this act, and for other purposes. 



Sec. 2. Be it further enacted, etc.. That there be and is hereby established a 

 Department of Forestry, to consist of the register of the state land office, who shall 

 be ex-officio forester, and one deputy forester, who shall be a person educated in 

 sylviculture, and who shall be appointed and commissioned by the governor, on the 

 recommendation of the conservation commission, for the period of one year at a time; 

 provided, the ex-officio commissioner of forestry shall receive as compensation for the 

 performance of duties imposed on him by this act $500.00 per annum, payable out of 

 any funds of the state not otherwise provided for, on the warrant of the commissioner 

 of forestry, and an expense fund of $300.00 per year for traveling and incidental 

 expenses; the deputy forester and such assistants as may be provided, to be paid as 

 hereinafter provided for. 



Sec. 3. Be it further enacted, etc.. That it shall be the duty of the state forester, 

 provided for in section 1 of this act, under the general supervision of the conservation 

 commission, to have direction of all forest interests and all matters pertaining to 

 forestry within the jurisdiction of the state; take such action as is authorized by law 

 to prevent and extinguish forest fires, and enforce all laws pertaining to forest wood- 

 lands and prosecute for any violation of such laws. He shall carry on educational work 

 in the state in the interest of forest preservation by means of correspondence, publi- 

 cation and lectures, especially in the schools of the state. It shall be his duty to 

 co-operate with private timber owners in laying plans for the protection, management 



