116 AN AUSTRALIAN STUDY OF AMERICAN FORESTRY. 
The Mapping Branch of the Department should be developed into an 
Office of Forest Engineering, with at least a representative at each District 
Office. 
The importance of this branch of the forestry organisation justifies the 
appropriation of £10,000 annually for its especial purposes. 
Cuarter XI. 
SETTLEMENT OF FOREST OFFENCES. 
Tue Mopern ATTITUDE. 
Changing thought and kaleidoscopic policy mark the tendencies of the 
time. The stealing of a handkerchief is a medical question of to-day, where 
it was a hanging affair of yesterday. 
Crime is a matter for cure and not for vengeance. 
Gaols are translated into hospitals. The crown and sceptre of the 
“ majesty ” of the law fall from a faltering grip. “ Frightfulness ” continues 
to go out of fashion. 
Progress is the rebellious slave of tradition—whose handmaidens are 
proverbs and phrases. 
Nothing has influenced administration of the law so much as set combina- 
tions of mere words. “A dangerous precedent,” “Making an example,” and 
“ As a warning to others” are phrases which have decided the fates of many 
delinquents. 
This phraseological philosophy of the official is contested hotly by the 
contrary one of “giving a man a chance” and “ ordinary commonsense ” 
of “the man of the world”—the philosophy of the “Roads and Bridges ” 
member when defending his erring constituents. 
The two philosophies clash, to the accompaniment of frequent. explosions ; 
some modification of outlook accrues, but confusion of thought persists and 
advancement is imperceptibly minute. But it is advancement, nevertheless. 
Severity frequently produces the spirit of the “revanche”; mildness 
often results in co-operation. “The quality of mercy is not strained.” 
The United States of America policy of settling forest offences is persuasive 
rather than penal. It is marked by a certain “sweet reasonableness ” that is 
alluring to a degree. More subtle than our own, it aims to deal with the 
interior motive rather than the exterior deed. 
Breaches of the forest laws are regarded as either “innocent” or “ wilful,” 
and specific treatment is provided in either case. If, “having exercised due 
diligence,” the offender was unaware that he was trespassing, the act is 
regarded as innocent; if otherwise, it is “ wilful.” 
2 
“Tgnorance of the law’ 
as in despite of tradition, is regarded as an excuse 
in law. 
Such “innocence” or “ wilfulness” determines the basis for assessment 
of damages due to the Government. 
If an offence be “ innocent,” the basis is “the difference between the value 
of the area before, and after, the trespass; 7.e., the royalty value of the 
timber taken plus any incidental damage. done to the forest. 
