FOREST-FIRE LEGISLATION. 185 



Section 9 charges the forest commissioner to issue and publish, by posters and otherwise, reasonable regulations 

 regarding the use of fires; such regulations to contain special consideration of campers, hunters, lumbeimen, settlers, 

 colliers, turpentine men, railroads, etc., and to be approved by the governor. 



Section 10 makes it a misdemeanor to disobey the posted regulations of the forest commissioner, or to destroy 

 posters, or to originate fires by neglect of the same; provides that the prosecution shall be prepared by the 

 forest commissioner, and imposes fines and imprisonment in addition to damages. Fines should be double the actual 

 damages, one-half to go to the lire fund, one-half to the damaged person. 



Section 11 makes it a criminal act, subject to indictment, to willfully set fires, and imposes fine and 

 imprisonment. 



Section 12 provides that any person whose forest property is damaged by fire not originated by his own 

 neglect, and who is able to prove neglect on the part of the firewarden, may call on the forest commissioner for 

 award of damage, whereupon the forest commissioner, in conjunction with the county authorities, shall investigate 

 the case and refer his findings to the judicial officer of the district, who shall charge the grand jury to indict any 

 offender against this act and adjudge any neglectful firewarden or other officer or any person refusing to act upon 

 orders of the firewarden. 



Any neglect on the part of the forest commissioner to investigate and find in each case within one year from 

 the appeal of the owner shall be followed by dismissal unless reasonable cause for failure be shown. 



LIABILITY OF RAILROADS. 



Section 13 charges railroad companies to keep their right of way free from inflammable material by burning, 

 under proper care, before certain dates to be established by the forest commissioner. Failure to do so upon 

 notification by the commissioner shall be followed by the airest of the superintendent of the section, who shall be 

 liable prima facie to procedure under section 10. 



Section 14 provides for the use of spaik arresters, failure to comply with this provision to be followed by arrest 

 of the superintendent or other officer in charge of the motive power and by procedure under section 10. 



Section 15 provides that fires originating from the tracks of a railroad company shall bo prima facie evidence 

 of neglect on the part of the company, and the engineer and firemen shall be liable to arrest and procedure under 

 section 10. 



Section 16 provides that in all cases where a fire originates through neglect of a railroad company or its agents, 

 both the company and its officers shall be liable for damages under the provisions of section 12. 



Section 17 establishes special liabilities for damage by fires in case of railroads under constiuction. 



PIKE INSURANCE AND STOCK LAWS. 



Section 18 provides for the incorporation of forest fire insurance companies. In States where cattle are allowed 

 to roam, provisions to stop this practice should be enacted. 



FURTHER DUTIES OF FOREST COMMISSIONERS. 



Section 19 defines minor duties of forest commissioners, namely, to co-operate with superintendents of schools 

 and other educational institutions in awakening an interest in behalf of forestry and rational forest use. 



Section 20 provides for salary and other expenses of the office of forest commissioner, which should be liberal 

 in proportion to the responsibility of the office. 



Section 21 repeals all acts and parts of acts inconsistent with provisions of this act. 



How near to this ideal we come in practice may appear from the legislation enacted for 

 Minnesota in 1895, which is still only partially effective on account of deficient appropriations and 

 limited functions of the commissioner or chief firewarden. 



AN" ACT to provide for the preservation of forests of this State and for the prevention, and suppression of forest and prairie fires. 



Be it enacted oy the legislative of the State of Minnesota: 



Section 1. The State auditor shall be forest commissioner of this State, and his orders shall be supreme in all 

 matters relating to the preservation of the forests of this State and to the prevention and suppression of forest and 

 prairie fires as hereinafter provided. The supervisors of towns, mayors of cities, and presidents of village councils 

 are hereby constituted firewardens of their respective towns, cities, and villages in the State, and the chief fire- 

 warden may appoint as firewardens such other persons as he may deem necessary, living in or near to unorganized 

 territory in this State, whose districts, to be known as lire districts, he may determine. 



Sec. 2. The aforesaid forest comm ssioner Bhall appoint a competent deputy to be known as chief firewarden, 

 who, from personal experience, is familiar with the conditions of the forest and methods by which fires may be 

 controlled. Said chief firewarden shall receive a salary of twelve hundred ($1,200) dollars per year, and shall hold 

 his office during the pleasure of the forest commissioner. He shall represent the authority of the forest commis- 

 sioner, and it shall be his duty to enforce the provisions of this act throughout the State. 



Sec. 3. The chief firewarden shall have general charge of the firewarden force of the State, and shall have 

 authority to mass such firewarden force as may be available at any special point to suppress fires. In case the fire- 

 warden force of any locality is deemed by said chief firewarden inadequate to prevent or suppress forest or prairie 



