184 FORESTRY INVESTIGATIONS U. S. DEPARTMENT OP AGRICULTURE. 



The following is the draft of an ideal comprehensive bill which embodies the principal features 

 of the desired legislation and has served as a basis for the existing laws : 



AN ACT tor the prote< tion of forest propeity. 

 FOREST COMMISSIONER. 



Section 1 creates ,i forest commissioner, whose office may be either an enlargement of some existing office or, 

 much better, a separate one, with adequate compensation in either case, to be appointed hy and reporting directly 

 to the governor. 



Section 2 presuibes the duties of the forest commissioner, namely, to organize, supervise, and be responsible, 

 under the provisions of this act, for the protection of forest property in the State against lire. In addition he is to 

 collect statistics and other information regarding the forest areas in the State, and the commerce of wood and allied 

 interests, especially such information as will explain the distribution, condition, value, and ownership of the 

 woodland; this information and the results of the operation of this act, together with suggestions for further 

 legislative action, to be embodied in annual reports. 



Section 3 provides for the giving of a bond by the forest commissioner for the faithful performance of his duties, 

 and fixes fines for such neglect m peiforming the duties of the office as may be proven, and explains the manner of 

 imposing and collecting such fines. 



ORGANIZATION OF FIRE SERVICE. 



Section 4 constitutes the selectmen of towns, or the sheriffs, deputies, constables, supervisors, or similar officers 

 as firewardens. If prefeired, special fire commissioners may be appointed by the forest commissioner, with the 

 advice of county commissioners, or both methods of providing firewardens may be employed together. The towns 

 are to be divided into fire districts, the number and boundaries to he governed by the exigencies in each case, and each 

 district to he under the charge and oversight of one district firewarden. One of these should be designated as town 

 firewarden, to take command in case of large conflagrations. The town firewarden and at least 50 per cent of the 

 district firewardens should be property owners in the county, unless a sufficient number of such can not be found or 

 residents refuse to serve. A description of each district and the name of its firewarden are to be recorded with the 

 forest commissioner and the town clerk or similar officer. 



Section 5 provides for employment of special fire patrols in unorganized places in any county and during the 

 dangerous season, especially in lumbering distiicts, and for co-operation of forest owners. Wherever unorganized 

 places exist in a county or so far distant from settlements as to make discovery of fires and speedy arrival of regular 

 firewardens impossible, or wherever forest owners whose property is specially endangered require, the forest com- 

 missioner may annually appoint special fire patrols, to be paid at daily rates, the owner paying one-half the expense 

 and the State the other half ; such patrols to he under the regulations of this law and to report to the nearest fire- 

 wardens. The manner of appointment and the matter of compensation and duties are to be formulated by the forest 

 commissioner. 



Section 6 defines the power and duties of firewardens : To take measures necessary for the control and extinction 

 of fires; to post notices of regulations provided in this law and furnished by the forest commissioner; to ascertain 

 the cause of fires and prepare evidence in case of suits; to repoit each fire at once to the forest commissioner on 

 blanks furnished, giving area burned over, damage, ownei, probable ongm, measures adopted, and cost of extinguish- 

 ing; to have authority to call upon any persons in their district for assistance, such persons to leceive compensation 

 as determined by the selectmen or county commissioneis at the rate of not to exceed 15 cents per hour and to he 

 paid by the town or county upon certification by the foiest commissioner. 



Persons refusing, when not excused, to assist or to comply with orders, shall forfeit the sum of $10, the same to 

 be recovered in an action for debt in the name and to the use of the town or county, or for the fire-protection fund. 



Firewardens shall be paid $10 a \ear as a retainer besides day's wages at the same rates as sheriffs or similar 

 officers for as many days as they are actually on duty, and shall be responsible for prompt extinction of iires and be 

 amenable to law for neglect of duty. The district firewarden shall call on the town firewarden in case of inability 

 to control fires, and the town firewarden shall have sheriff's power to enlist assistance, as is provided in case of a 

 mob. 



1 IRE-INDEMNITY FUND. 



Section 7 provides for the creation of a fire- indemnity fund, each county to pay into the State treasury $1 for 

 each acre burnt over each year, the special fund so constituted to be applied m the maintenance of the system 

 provided by this act and for the payment of damages to those whose forest property has been burned without 

 neglect on their part or on that ot their agents. 



The hurried areas shall he ascenamed hy the county surveyor and shall be checked from the reports of fixe- 

 waidens hy the foiest commissioner. All fines collected under the provisions of this law shall also accrue to the 

 fire fund. 



JURISDICTION AND LEGAL REMEDIES 



Section 8 establishes jurisdiction and legal proceedings in each case of prosecution of incendiaries and 

 adjustment of damages, and imposes upon e\ ery district judge the duty in charging the grand juries of his district 

 to call special attention to the penal provisions of this act and of any similar acts providing for offenses against 

 forest property. 



