1904 



FORESTRY AND IRRIGATION 



275 



case of fire in or threatening forest or 

 woodland, the district fire warden, if 

 any, or if none, the fire warden shall 

 attend forthwith and use all necessary 

 means to confine and extinguish the 

 same. The fire warden may destroy 

 fences or plow land, or in an emergency, 

 set backfires to check fire. Either the 

 fire warden or a district fire warden may, 

 summon any resident of his town to as- 

 sist in putting out fires. Any person 

 summoned who is physically able and 

 refuses to assist, shall be liable to a pen- 

 alty of ten dollars. An action for tres- 

 pass shall not be against persons cross- 

 ing or working upon lands of another 

 to extinguish fire. In case a forest fire 

 burn over more than an acre of land, the 

 fire warden of the town in which it oc- 

 curs shall make a report thereof to the 

 commission, giving the area burned 

 over, the quantity of timber, wood, logs, 

 bark or other forest products, and of 

 fences, bridges, and buildings destroyed 

 with an estimate of the value thereof. 

 He shall also report the cause of such 

 fire and the means used in putting it out. 



SEC. 5. Section two hundred and 

 twenty -eight of said act is hereby 

 amended to read as follows : 



SEC. 228. Railroads in forest lands. 

 Every railroad company shall on such 

 part of its road as passes through forest 

 lands or lands subject to fires from any 

 cause, cut and remove from its right of 

 way along such lands at least twice a 

 year, all grass, brush and other inflam- 

 mable materials. Where the railroad 

 runs through forest lands in counties 

 containing part of the forest preserve, 

 it shall so cut and remove the same 

 from its right of way whenever required 

 by the commissioner ; employ in sea- 

 sons of drought and before vegetation 

 has revived in the spring, sufficient 

 trackmen to promptly put out fires on 

 its right of way ; provide locomotives 

 thereon with (steel) netting of steel or 

 iron wire (on the smokestacks) so con- 

 structed as to give the best practicable 

 protection against the escape of fire and 

 sparks from the smokestacks thereof 

 (to prevent the escape of fire and sparks) 

 and adequate devices to prevent the 

 escape of fire from ash pans and fur- 

 naces which shall be used (by every 



engineer and fireman) on such (part of 

 its road) locomotives. The railroad 

 commission must upon the request of 

 the forest, fish and game commissioner, 

 and on notice to the railroad company 

 or companies affected, require any rail- 

 road company having a railroad running 

 through forest lands in counties con- 

 taining parts of the forest preserve, to 

 adopt such devices and precautions 

 against setting fire upon its line in such 

 forest lands as the public interest re- 

 quires. No railroad company or em- 

 ploye thereof shall deposit fire coals or 

 ashes on its track or right of way near 

 such lauds. In case of fire on its own 

 or neighboring lands, the railroad com- 

 pany shall use all practicable means to 

 put it out. Engineers, conductors or 

 trainmen discovering or knowing of fires 

 in fences or other material along or near 

 the right of way of the railroad in such 

 lands, shall report the same at the first 

 station to the station agent, and such 

 station agent shall forthwith notify the 

 nearest fire warden or game protector 

 thereof, and use all necessary means to 

 extinguish the same. (Any railroad 

 company or employe thereof violating 

 any provision of this section shall be 

 liable to a penalty of one hundred dol- 

 lars for every such violation.) Any 

 railroad company failing or neglecting 

 to comply with any of the provisions of 

 this section, or any order of the rail- 

 road commission made pursuant to the 

 provisions of this section, shall be liable 

 to a penalty of one hundred dollars for 

 each day that it continues a violation 

 thereof, and any officer or employe of 

 a railroad company violating any pro- 

 vision of this section or neglecting to 

 comply with any requirement of the 

 railroad commission duly ordered, shall 

 be liable to a penalty of one hundred 

 dollars for every such violation. The 

 supreme court may on notice to the 

 persons or corporations affected enforce 

 compliance with any such order of the 

 railroad commission. 



SEC. 6. Section two hundred and 

 thirty of said act is hereby amended to 

 read as follows : 



SEC. 230. Forest fires prohibited. 

 A person who willfully or negligently 

 sets fire to waste or forest lands of the 



