FOREST CONDITIONS IN TENNESSEE. 41 



However, the escape of fire from such camp fires, log piles, stumps, 

 or brush should be prima facie evidence that the burning was un- 

 safe and in violation of the statute. 



Section 11* of the present law provides that " nothing contained 

 in this Act shall take away or impair the right to damages or other 

 legal remedy which the party injured may now have under the laws 

 of this State." This would be strengthened by adding the provi- 

 sion that the liability of persons or corporations for all damages 

 shall include the injury to young growth resulting from fires, and 

 that, upon request of the court, the State Forester shall make an 

 examination and give an expert opinion as to the amount of dam- 

 ages to forest growth. It should also be provided that in a prose- 

 cution for the willful or negligent setting fire to forests, 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 to 

 assess such costs as part of the penalty if the person or persons 

 charged with the offense shall be found guilty. 



The railroads should be required to post in stations warning no- 

 tices, furnished by the State Forester, calling attention to the fire 

 laws. Section 14 of the 1907 law, which provides that logging lo- 

 comotives must be furnished with spark arresters, is unjust in 

 that it discriminates against a particular class. This provision 

 should be extended to cover all locomotives and engines operating 

 in or near forest land not burning oil for fuel. 



(2) The forestry law of 1907 authorizes the State Game War- 

 den to collect statistics in regard to forest conditions, to investigate 

 the suitability of public lands for forest reserve purposes, to take 

 charge of such reserves as might be created, and to accept gifts of 

 land for forest reserves. These duties lie naturally within the 

 province of the State Board of Forestry, and should be transferred 

 to that board, to be administered by the State Forester under its di- 

 rection. Further authority should be given the board to make rules 

 and regulations for the State forests, including the right to sell tim- 

 ber. In the case of sales amounting to over $100 in value, adver- 

 tisement for bids should be required. 



The sections! in regard to forest reserves should be so modified 

 as to permit the use of mineral land for this purpose, the mineral 

 rights to be retained by the original owner, if the land is acquired 

 by purchase or gift. Section 23 makes it necessary for a nonresi- 



* Acts of 1907, Chapter 397. 

 t Sections 21 and 22, 



