JO FORESTRY IN GERMANY. 



task and as a connected whole, and establishes for the government not only 

 the right but also the duty to submit the economy and culture of all forests 

 and woods to its supervision and influence to such an extent, as it is indis- 

 pensable to avert— in maintaining as much as feasible free action of the 

 forest owners— dangers which an unrestricted use of forests on the part of 

 the owners threaten to entail to the detriment of the general welfare. 



This general principle was embodied in ancient forestal regulations of the 

 Prussian provinces as well as in Prussian common law and in numerous later 

 ordinances, reaching, for some parts of the Rhine Province, as far back as 

 the year 1814. 



Under the Prussian law a devastation of woods, as contravening to tlie 

 principles of forest culture, was interdicted and punishable. 



Even if the sovereignty over forests in this direction was exercised only 

 in a very loose way, its effects were undoubtedly favorable, since legislation 

 offered a clue for the state power to act upon the cultivation of even common 

 or private forests. By a royal edict of September 14, 1871, however, all 

 provisions limiting the use of private forests— as far as the rights of third 

 persons were not affected — were abrogated, a measure much deplored since in 

 forestal circles. 



Aside from a few irrelevant exceptions, especially in provinces subsequently 

 annexed by Prussia, there existed, at the time of the promulgation of the 

 Prussian law, July 6, 1875, (*° protect forests and forest corporations) 

 neither laws restricting the rights of the owner of private forests in the free 

 disposition of his forest nor a right of the government to exercise a super- 

 visory power over private forests. 



By section one of the said act it is expressly provided that the utilization 

 and management and cultivation of forestal estates in the whole kingdom is 

 subject only to such police restrictions as are prescribed or admitted by the 

 said act. 



MERITS AND DEMERITS OF FREE FOREST CULTURE. 



The emancipation of forests owned by private parties from the super- 

 vision of the state has, it is. conceded, contributed materially to the increase 

 of the production of soil; but frequently conduced also to a considerable 

 decrease of the same, and had in its consequence very great disadvantages 

 to the commonwealth. 



The edict of 181 1 (above referred to), by aiming at removing all fetters 

 weighing upon real estate from old times, Chief Forester Donner, in a very 

 valuable treatise on the' subject, says: "overlooked, over and against the 

 blessing of free action, the dangers thereof with regard to forests and disre- 

 garded the difference which in this respect exists between forest and field. 

 The act of July 6, 1875, it is true, is indicative of a change of views; but 

 in general it continues to adhere to principles of the above edict. 



"Forests are property in trust, coming from old times to us by descent, 

 the value of which does not consist in the immediate yields of wood, but 

 substantially in the utility which it indirectly affords by its influence upon 



