EIGHTS OF PROPEIET0E8, 143 



then were in France nothing satisfactory could be done without Govern- 

 ment interference ; that the problem to be solved was the prevention of the 

 formation of new torrents, and the arrest of the ravages which were being 

 made by torrents already formed ; that the battle-field must be in the basin 

 drained by the torrent, and that a system of extinction must be followed ; 

 that in view of the public interest it was vain to trust to the prudence of 

 communes, to the publication of information and warnings, or to moral 

 suasion in any form ; that both the number of cattle depastured and the 

 extent of the pastures must be restricted, and the introduction of cattle 

 and sheep, other than those of the commune, prohibited ; that agricultural 

 operations which do not promote the carrying away of the soil should be 

 allowed without restriction, but that such as have that effect should only 

 be tolerated on slopes not exceeding a prescribed inclination — compensation 

 being given, if necessary, for loss which might be sustained in consequence 

 of this restriction, but enforcing it with rigour : the circumstances of the 

 locality being exceptional, exceptional legislation might be requisite. 

 Further, the forests having an exceptional importance — being required not 

 only to meet daily recurring wants of the population, but to preserve the 

 very soil — it was necessary that their conservation should be sepured, and 

 measures taken to effect their extension. And to these preliminary measures 

 had to be added the more direct measures detailed or suggested in his 

 treatise, of which a resume has been given. 



There might be private rights in the way of the execution of these works, 

 and the conflicting claims of the public interest and of private property 

 must be reconciled. This might be done, according to circumstances, by 

 the Government taking possession, with compensation to the proprietor, as 

 is done in carrying out other works carried out for the public good, or by 

 requiring of the proprietors that they themselves should . plant the ground 

 with woods, and giving to them every just and reasonable assistance in the 

 execution of the work. 



The poverty of many of the proprietors might make it impossible for 

 them to meet the expense ; and the restrictions imposed upon them by 

 some of the preliminary measures required would entail upon them a 

 considerable sacrifice. The measure, moreover, was one affecting the public 

 interest as really as do many of the public works — such as embankments, 

 roads, bridges, and the improvement of mountain passes,— while the outlay 

 by the State might be counterbalanced in a great measure by a diminution 

 ' of outlay on these, through the prevention of injuries now done to these by 

 torrents ; and, as shown by M. Dugied, the forests would in course of time 

 become a source of revenue, and, according to others, they would tend to 

 improve the climate. Such are some of the considerations adduced by M. 

 Surell as reasons for the Government taking up the work. 



Having done this, he gave details of what measures he considered would 

 be requisite in carrying out the work : the initiative to be taken by the 

 Government ; the objections to be anticipated, and the means of meeting 

 these, whether they might take the form of an allegation that it was 

 impossible to plant the mountains with woods, or of an allegation that if 

 this were done it would not sufiice to cause the toiTents to disappear, 

 or of objections to different regulations which it would be necessary to carry 

 out in connection with the execution of the work, some relating to rights of 

 property, some to rights of pasturage, some to one thing, some to another. 



