100 REPORT OF THE FORESTRY COMMITTEE 



Reducing Administrative Processes to Rules. 



When first put upon the statute books, a forest law will seldom be specific 

 enough for complete administration. The details or processes of executing the 

 law must be left to the executive. This is particularly necessary in the case of a 

 forest law, because conditions vary so widely, both as to the character of work 

 to be done and the methods of doing it. These processes of administration which 

 thus arise to supplement the established factors for executing the law, become 

 in practice as effective as the law itself. 



Deciding Controversies. 



Settling controversies is a part of the executive work of increasing import- 

 ance; but there is a wide difference in the different States in the matter of 

 handling controversies, which are on the border-line between administrative and 

 judicial functions. Since the forestry movement in this country is comparatively 

 new, there is even more difficulty in determining to what extent the final settle- 

 ment of controversies may be left to the excutive head. In its present state of 

 development, therefore, it will be advisable to keep well within the limits of 

 executive duties in the matter of settling or adjudicating controversies. The 

 courts can be relied upon to handle the more complex problems and such viola- 

 tions of the law or of regulations devised by the administrative authority by 

 direction of the law as require summary or drastic action. 



APPENDIX 

 MODEL FOE A STATE FOREST LAW 



SEC. 1. State Board of Forestry. — (The advancement of forestry is im- 

 possible unless this work is entirely free from political influence and in the 

 hands of trained foresters. The experience of several states has indicated 

 that this result may be attained in the following way) : There shall be created a 

 state board of forestry, composed of five members (not over seven). The president 

 (or dean) of the state college of agriculture and the director of the state college (or 

 department) of forestry (or the professor of forestry at the state college) 

 shall be members ex officio. Of the other three (or five) members one shall be 

 nominated by the Lumber Manufacturers' Association (or most representative 

 association of lumber interests), one by the states association (the asso- 

 ciation best representing fish and game protection or park and forest protection) 



and one by the association (any other strong state association representing 



interests affected by forestry). Upon receiving the nominations of these associa- 

 tions the governor shall appoint the said nominees as members of the State For- 

 estry Commission, and in absence of authoritative nomination he shall never- 

 theless make the appointments of the required number to complete the board. 

 (On boards of seven men the governor may be allowed to appoint two or one 

 member of his own choice.) The members shall serve for a term of four years 



* Owing to lack of time to print it a very full and complete model State Forest Law 

 prepared by the Committee could not be used with this report and this shorter model law 

 prepared by two members of the Committee was substituted. 



