FOREST-FIRE LEGISLATION. 183 



and fire, and to encourage and promote forest culture. But the provisions to carry out this 

 laudable work were from the start insufficient, and the office of forest commissioner finally 

 remaining without a salary became vacant, the law ineffective. A new departure, however, was 

 made in 1897. In that year a department of forestry, game, and fish wq,s created. The salaried 

 officers provided are a commissioner and three wardens, and the commissioner may appoint deputy 

 wardens without pay. Section 9 of the law provides that- 

 Said commissioner shall, as much as possible, promote the growth and extension of the forest areas of the 

 State, and encourage the planting of trees and the preservation of the sources of water supply, but nothing in this 

 act contained shall authorise the commissioner to interfere with the use of timber for domestic, mining, or 

 agricultural purposes, in accordance with existing laws. He shall have the care of all woodlands and forests which 

 may at any time be controlled by the State, and shall cause all such lands to be located and recorded in a book to 

 be kept for the purpose. 



Section 10 prohibits the appointment to any office created by this act of any person directly 

 or indirectly engaged in the manufacture of lumber, railroad ties, telegraph poles or any business 

 requiring a large use of wood. The law makes it a misdemeanor to cause fires to be set without a 

 guard, or to cut coniferous timber from public or State lands for shipment, outside the State. 

 The remainder of the law provides for the protection of fish and game. 



California began its course for the establishment of a forest policy in the most promising manner 

 in 1883, March 3, by creating a State board of forestry. At first it was mainly a commission of 

 inquiry with educational functions; police powers were conferred upon it in 1887 "for the purpose 

 of making arrests for any violation of any law applying to forest and brush lands within the State, 

 or prohibiting the destruction thereof," with an appropriation of $30,000 for the two years following, 

 but by 1891 political complications and perversion of the moneys appropriated undid the good 

 work of the first board, and the office, as well as the functions, were abolished. Besides three 

 valuable reports on the forest conditions and forest trees of the State, the board left as an inheritance 

 two experiment stations, where exotic trees are being tested, now under charge of the University 

 of California. 



FOKEST-FIRE LEGISLATION. 



Besides this legislation regarding forest commissions, by which the interest and duty of the 

 State is recognized with regard to forest conditions, laws recognizing the duty and necessity of 

 protecting forest property more efficiently against fire have been enacted in several States since 

 1885, when, in New York in connection with the establishment of the forest commission, the first 

 comprehensive forest-fire law, drafted by the writer, was enacted. Laws against willful and 

 malicious firing existed then on the statute books of nearly every State, but they were ineffective 

 for lack of responsibility for their execution. The New York law for the first time recognized the 

 need of officers responsible for the execution of the law and of the organization of an army of 

 firewardens throughout the State. 



The States of Maine, New Hampshire, Pennsylvania, Wisconsin, and Minnesota followed, 

 with some modifications, this example of New York. 



The principles most needful to keep in view when formulating legislation for protection 

 against forest fires are — 



(1) No legislation is effective unless well-organized machinery for its enforcement is provided. 

 The damage done by forest fires being in many cases far-reaching beyond the immediate private 

 personal loss, the State must be prominently represented in such organization. 



(2) Responsibility for the execution of the law must be clearly defined and ultimately rest 

 upon one person, and every facility for ready prosecution of offenders must be at the command of 

 the responsible officer. 



(3) None but paid officials can be expected to do efficient service, and financial responsibility 

 in all directions must be recognized as alone productive of care in the performance of duties as 

 well as in the obedience to regulations. In the case of corporations the officer most directly 

 responsible for any damage must be amenable to law in addition to the corporation itself. 



(4) Recognition of common interest in the protection of property can also be established only 

 by the creation of financial liability on the part of the community and all its members. 



