176 FIFTEENTH ANNUAL REPORT OF THE 



given to this feature of the work because it was new and because of its 

 delicate and critical nature. The same difficulty came in here that was 

 explained under the last section — the regulation by law of the operations 

 of private owners on their own land and timber. There is no doubt of the 

 justice of so doing for proper and sufficient reasons, but it is a new thing in 

 this country, new particularly to lumbermen who, perhaps more than other 

 classes of men, have been accustomed to working their own sweet will. 



Some question arose early in the season as to the meaning of the law 

 and to the parties on whom, in case of non-observance, its penalties should be 

 inflicted. These points were early settled as far as the Department was 

 concerned and they are embodied in the following letter of instructions 

 issued to patrolmen. One other point was settled by a ruling later — that 

 burnt timber being cut came under the law as well as green timber. 



Instructions from the Superintendent of Forests to Patrolmen, 



Dated July 5, 1909 



The date at which the top lopping law goes into effect is Ma) 7 25th. 



As to exactly what the law requires, I will say in the first place that all 

 the limbs must be cut or lopped off from all coniferous trees which are cut 

 within the forest preserve counties, unless these trees are cut to be used 

 with the limbs on. To lop off means in our interpretation exactly the same 

 as to cut off - - the branches are to be completely severed from the stem. 

 This is what the law requires, and what the parties are responsible for. The 

 purpose of this operation, it is well understood, is that the limbs when cut 

 may lie on the ground and rot more quickly than they otherwise would. 



Time is another essential element in the provision. The law requires 

 that the lopping shall be done at the time the trees are cut. 



On the matter as to who is responsible for carrying out the provisions 

 of the law and is to be prosecuted in case of failure, I have to say that the 

 owner of the stumpage is primarily responsible, but that the contractor 

 and sub-contractors are also liable for any failure to see that the cutting or 

 lopping is properly done. 



In seeing that the law is carried out, the Department means 

 that its agents shall insist upon diligent and thorough compliance 

 with the terms of the law, but does not wish them to be vindictive or 

 unreasonable. 



