APPENDIX. 157 



{n) Cutting and I'euioving timber of any kind, green or dry (live or 

 dead), standing or down, ^yitllont having a written permit to do so. 



(b) Cutting and removing timber on and from laud other than the 

 land specified in the permit to cut timber. 



(c) (jutting and removing timber after the expiration of the permit. 



(d) Cutting, mutilating or injuring in any way any kind of forest 

 growth. This includes the careless or mischievous slashing of small 

 trees, whether mere plants six inches tall or young saplings 20 feet tall, 

 and it also inchides the wanton, useless peeling of trees, such as Spruce 

 and I-)irch, where beautiful trees and girdled and destroyed merely to 

 get a few square feet of bark, often to be thrown away without even 

 using the same. These practices, especially along highways and along 

 the shores of lake and stream, do so much to mar the beauty of the land- 

 scape that every well-meaning citizen is expected to assist the Commis- 

 sion in its efforts to prevent such destruction. 



In considering the character and damage in trespass, a distinction is 

 made between knowing, Avillful or malicious trespass on the one hand 

 and unintentional or mistaken trespass on the other. 



In general a person who cuts timber on Reserve lands, far from his 

 home, without owning any timber adjoining the lands upon which he 

 cuts may be assumed to know that he has no right to cut, and may be 

 considered to have committed trespass knowingly and willfully. 



Similarly, a ])erson who mutilates trees "just for fun" is a malicious 

 trespasser, for he knows that the trees do not belong to him and that his 

 acts are destructive to the timber. On the other hand, a person cutting 

 timber on his own lands, or timber purchased in a legal manner may by 

 ac< ident cut across the lines, where these are not well marked. This is 

 liable to occur especially where the cutting is done by persons not ac- 

 quainted with the lay of the land. In such cases the trespass may in truth 

 be due to mistake, and therefore unintentional. This statement must 

 not, however, be interpreted to mean that a person under circumstances 

 as above outlined, is always an unintentional trespasser. In all cases of 

 timber exploitation a person is supposed to exercise proper care and 

 diligence to find and to mark the lines bounding his tract of timber, and 

 evident neglect in this direction must necessarily make the trespass due 

 to this neglect seem willful. 



The laws of Michigan with regard to trespass are quite sufficient, al- 

 though trespass on State lands is regarded and treated with far more 

 leniency than similar trespass on private lands. While willful trespass 

 on pj'ivate lands is regarded a felony and subject to (where the damage 

 is 125.00 and o^er) a maximum punishment of one year in State's prison, 

 the trespass on State lands is regarded a ynisdetneanor, and the maximum 

 punishment is one iiear in jail and a fine of |500. 



Where suit is brought against the trespasser for the value of material 

 destroyed or removed, the irillfiil trcfipasser paijs treble the actual dam- 

 age; while the "casual or involuntary" trespasser simply pays the actual 

 damage in the case. 



To receive material known to have been cut in trespass, to aid or abet 

 trespass makes the person guilty of these acts subject to the same flue 

 and punishment as the trespasser. 



Whenever trespass of this kind is discovered, it is stopped at once, and 

 all the information obtainable is gathered. It is then reported to the 



