THE CASE OF THE STATE OF LOUISIANA 421 



piling or Iceeping upon the right of way cross ties or other material necessary in the 

 operation or maintenance of such railroads. 



Sec. S. Be it further enacted, etc., That in a prosecution for the wilful and 

 negligent setting fire to forests, when the evidence has been heard on the guilt or 

 innocence of the party or parties charged with the crime, it shall be within the 

 discretion of the court to take evidence as to the cost of fighting the fire which the 

 accused is charged with setting, and it shall be within the discretion of the court 

 to assess such costs as a part of the penalty of the person or persons charged, if he 

 shall be found guilty. 



Sec. 9. Be it further enacted, etc., That there shall be appointed by the governor, 

 upon the recommendation of the conservation commission, a person practically and 

 theoretically educated in sylviculture, who shall be deputy state forester. His duties 

 shall be as herein prescribed for the state forester, and he shall be the chief assistant, 

 under the supervision of the state forester, in carrying out the forest policy of the 

 state. He shall receive a salary of $1,800.00 per annum, and, under the supervision of 

 the state forester, shall have an allowance not exceeding $600.00 per year for office 

 and traveling expenses, which shall be paid by the state forester from the conservation 

 fund, established by the law of this state. 



Sec. 10. Be it further enacted, etc.. That the state forest warden shall prepare 

 notices, printed in large letters upon cloth or strong paper, calling attention to the 

 destruction caused by fires and to the forest fire laws and the penalties for their 

 violation. Such notices shall be distributed to all forest wardens, parish officials, 

 railroad and lumber companies, private citizens, officers, railroad stations, in public 

 squares, along public highways and in other places. Any person who shall maliciously 

 or wilfully destroy, deface, remove or disfigure any sign, poster or warning notice 

 posted under the provision of this act, shall be guilty of a misdemeanor and punishable 

 upon conviction by a fine of not less than fifteen dollars nor more than one hundred 

 dollars, or by imprisonment for a period of not less than ten days nor more than 

 thi'ee months, or by both said fine and imprisonment. 



Sec. 11. Be it further enacted, etc., That the consent of the state of Louisiana 

 be and is hereby given to the acquisition by the United States by purchase or gift of 

 such land in Louisiana, not exceeding one hundred thousand acres all told, as in the 

 opinion of the federal government may be needed for the establishment of a national 

 forest reserve in this region; provided, that the state shall retain a concurrent juris- 

 diction with the United States in and over such lands in so far that civil process in all 

 cases and such criminal process as may issue under the authority of the state against 

 any persons charged with a commission of any crime without or within said juris- 

 diction, may be executed thereon in like manner as if this act had not been passed; 

 that power is hereby conferred on congress to pass such laws as it may deem necessary 

 to the acquisition as herein provided for incorporation in said national forest reserve 

 such forest covered or cut-over lands lying in Louisiana as in the opinion of the federal 

 government may be needed; that power is hereby conferred upon congress to pass 

 such laws and to make or provide for the making of such rules and regulations of 

 both civil and criminal nature and provide punishment for violation thereof, as in its 

 judgment may be necessary for the management, control and protection of such lands 

 as may from time to time be acquired by the United States under the provisions of 

 this act. 



Sec. 12. Be it further enacted, etc.. That all monies, minus the cost of prosecution, 

 received as penalties provided for the violations of this act, shall be paid into the 

 state treasury and placed to the credit of the conservation fund. 



Sec. 13. Be it further enacted, etc.. That in order to encourage the practice of 

 forest culture in this state, when the owner or owners of any land which has been 

 denuded of trees or any other land the assessed value of which shall not at the time of 

 application exceed the sum of five dollars per acre, shall contract in writing with the 

 commissioner of forestry to supervise planting and growing upon the said land suitable 

 and useful timber trees in such manner as they shall prescribe, to protect the said land 

 from fires, as far as practical and to maintain the trees so planted or grown upon it 

 in a live and thrifty condition for a period of not less than thirty years and not 

 more than forty years, and to cut or remove from said land within that time no tree 

 or trees except as permitted in the said contract; it shall be lawful for the state board 

 of equalizers, and the assessors of the several parishes, and they are hereby authorized 

 upon the recommendation of the commission of forestry, to fix a valuation of $1.00 

 per acre upon said lands and timber, and this valuation to remain fixed and unchangeable 

 for the period of the contract entered into by the land owner aforesaid with the com- 

 mission of forestry. 



Any land owner who has made such a contract with the state shall be entitled to 

 demand an annual inspection by the Chief Forester and a certificate as to whether the 

 contract has been carried out. At the end of the contract entered into by the land 

 owner with the commission of forestry, or at any time within that period that the 



