FOREST FIRES IX XORTH CAROLIXA. 43 



by the General Assembly of 1901, at the beginning of the agita- 

 tion for the Appalachian Park and just ten years before the Federal 

 law taking advantage of this permission was finally enacted. (See Press 

 Bulletin 147, Forestry Laws of Xorth Carolina, Appendix.) 



LAW TO ALLOW FEDERAL ACQUIREMENT. 



5430. Forest reserve, icestern Carolina. *The United States is autliorized 

 to acquire by purcliase, or by condemnation with adequate compensation, ex- 

 cept as hereinafter provided, such lands in western North Carolina as in the 

 opinion of the Federal Government may be needed for the establishment of a 

 National Forest Reserve in that region. This consent is given upon condition 

 that the State of North Carolina shall retain a concurrent jurisdiction with 

 the United States in and over such lands so far that civil process in all cases, 

 and such criminal process as may issue under the authority of the State of 

 North Carolina against any person charged with the commission of any crime 

 without or within said jurisdiction, may be executed thereon in like manner 

 as if this consent had not been given. Power is hereby conferred upon the 

 Congress of the United States to pass such laws as it may deem necessary to 

 the acquisition as hereinbefore provided, for incorporation in such National 

 forest reserve such forest-covered lands lying in western North Carolina as in 

 the opinion of the Federal Government may be needed for this purpose, but 

 as much as 200 acres of any tract of laud occupied as a home by bona fide 

 residents in this State on the 18th day of January. 1901. shall be exempt from 

 the provisions of this section. Power is hereby conferred upou Congress to 

 pass such laws and to make or provide for the making of such rules and regu- 

 lations, of both civil and criminal nature, and to provide punishment therefor, 

 as in its judgment may be necessary for the management, control, and protec- 

 tion of such lands as may be from time to time acquired by the United States 

 under the provisions of this section. 



Acquirement hy Purchase Only. 



In a few localities in western ]N'orth Carolina considerable opposition 

 to the Xational Fgrest Reserve policy was at one time developed, based 

 largely on a misunderstanding of the conditions on which the land was 

 to be procured. The above State law allows the United States to acquire 

 land "by purchase, or by condemnation with adequate compensation." 

 From this permission the idea gained ground that the Government 

 would condemn land and take it whether the owner wished to sell it or 

 not. This is permitted under the State law, provided "adequate com- 

 pensation" is made. But the Federal law under which Appalachian 

 forest lands are acquired stipulated "that the Secretary of Agriculture 

 is hereby authorized to purchase," and no other method of securing 

 these lands is mentioned in the whole law. There has been no thought 



'Chapter 118. section 5430. Revlsal 190.!i. 



