112 Second Annual Keport of the 



The larger the average trees cut, the less it would cost per 

 market to lop the tops. In lopping tops some lumbermen claim 

 that they take material out which otherwise would be wasted ; thus 

 there is a slight reduction of costs from this source. When the 

 tops are lopped it would be somewhat easier to clear the skid 

 gutters and therefore cheaper than when unlopped. 



The question of cost is of great importance. Industries can 

 be forced out of business, or the operations be made unprofitable, 

 by imposing too heavy or unnecessary restrictions. The purpose 

 of the framers of this law, and the practical results, all depend 

 upon the single idea of hastening the decay of the slash left in 

 lumbering. This is accomplished by getting the tops and branches' 

 so near the ground that they will decay in the shortest possible 

 time. After a careful study of this matter, we feel that if the 

 limbs and branches were all cut off, or severed as far up the tree 

 or out each limb to a point where the diameter of the main trunk 

 or the limb was not more than three inches, the purposes would 

 be accomplished and the cost would be reduced below what has 

 been stated as the minimum price. 



Objection 10. That the law was unconstitutional inasmuch as 

 it caused a private individual to spend money for something that 

 accomplished no public benefit. This question of course rests 

 entirely on the fact of increased fire protection through the 

 lopping of tops and the foregoing facts are presented for your 

 consideration in this connection. A large number of prosecutions 

 have been conducted and recovery secured, but this question has 

 not been passed on by the courts. 



Objection 11. That the tops could be lopped to a given diameter 

 limit, say three inches, and produce the same result at a decreased 

 cost. This is, for instance, lopping the branches from that part 

 of the main trunk or limb over three inches in diameter, or in 

 the case of cleaning out roads, no small trees under three inches 

 on the stump would be lopped. 



There is no doubt that if the law should be modified by such a 

 diameter limit, the ultimate results would be the same as though 

 the whole top were lopped. The larger branches from the lower 

 part of the tree will oftentimes be of a diameter as large or larger 

 than the small pieces of unlopped tops which would be left and 



