30 FoKEST Fires axd theik Prevention. 



A Bill to be Entitled An Act to Require the Railroads of the State to 

 Take Certain Precautions for the Prevention of Forest Fires. 



The General Assenibli/ of Xortli Carolina do enact: 



Section 1. All persons, Hnns or corporations operating any railruad, logging 

 road or traniroad through woodland within this State shall keep their right of 

 way cleared of all combustible materials within a horizontal distance of one 

 hundred (100) feet, nowhere to exceed one hundred and fifty (150) feet surface 

 measurement, from the outer rail on each side of the track, by burning or otiior 

 method. Combustible material, as referred to in this act, shall be construed to 

 mean only such brush, grass, leaves or other material tliat would ordinarily be- 

 come ignited from a spark from the engine. \\ luii the right of way owned does 

 not extend to the width of the cleared space or (ire line licrein required, the right 

 is hereby granted to said persons, firms or corporations to enter upon adjoining 

 lands not owned by them, for. the purpose of clearing oflf and maintaining the 

 cleared space or fire line herein required. If any landowner should object to the 

 clearing ofi" and maintenance of the fire line herein required, he shall not be enti- 

 tled to collect any damages thereafter occurring from fires caused by sparks from 

 the engines of said persons, firms or corporati(jns. Each railroad, logging road 

 or traniroad affected hereby shall be required to clear off each year not more than 

 one-fifth (1-5) of the total length of the fire line required by this section until all 

 has been completed, and shall continue to keep such fire line clear after it has 

 once been cleared off. The part of the mileage to be cleared off by such railroad 

 shall l>e designated by the Geological Board after conference with the proper 

 oflicer of such railroad, logging road or traniroad. Any railroad wilfully violating 

 the provisions of this section shall be liable to a penalty of not less than ten 

 ($10.00) dollars or more than twenty-five ($25.00) dollars for every mile or 

 fraction thereof of fire line not cleared according to the provisions of this section : 

 Provided, that this section shall not be construed to prohibit or prevent any 

 railroad company from piling or keeping upon the right of way, crossties or other 

 material necessary in the operation or maintenance of such railroad or ntaterials 

 intended for shipment over such railroad; nor is it intended to require the re- 

 moval of buildings, fences or other necessary or vahmble improvements from the fire 

 line herein required: Provided further, that tlie notice to the adjoining landown- 

 ers required by section three thousand three huiulrcil and forty-six of The Re- 

 visal of one thousand nine hundred and five sliall nnt ai)i)ly to any biniiini; neces- 

 sary to carry out the provisions of this section: I'roriilcd fnrtlnr. Ihat nothing 

 in this section shall be construed to require tlie railroad romiiaiiy to clear the 

 fire line on property not owned by said (■iiin])aiiy ^lnmid tlie owner oliject. ami no 

 failure on this account shall l)e charged against tlie railroad coinijany as a viola- 

 tion of this act. 



Sec. 2. When engineers, conductors or trainmen employed by any railroad 

 discover that fences or other material along the right of way or woodland ad- 

 jacent to the railroad are burning or in danger from fire, they shall report the 

 same promptly at the ne.xt telegraph or telephone station at which the train is 

 .scheduled to stop, or at any other stops necessary in the operation of the train. 

 The reporting of such fires shall not be construed to mean that the lailroad com- 

 panies making .such report are responsible for such fires, nor shall smli report he 

 used in evidence in a suit arising from such fire, but is simply for the purpose of 

 giving information as to the existence of a fire. In seasons of drought the rail- 



