19 
In addition to data on damage to the United States, the 
Form 874-20 report should also give information on the 
probable possession by the trespasser of assets sufficient 
to meet a civil judgment, as well as the probable effect 
of the damage suit in question upon the sentiment of the 
community. These are points often requiring considera¬ 
tion in connection with such suits. 
Administrative action. —Whenever a person responsible 
for a fire is a forest user, and especially if his guilt is 
convincingly established in the mind of the investigator, 
but the nature of the case or of the evidence available is 
such as to make successful criminal prosecution doubtful, 
the report on Form 874-20 should present specific recom¬ 
mendations, fully explained, with respect to appropriate 
administrative action. A similar report should also be 
made with respect to users who, though not directly 
responsible for fires, fail to make proper effort to extinguish 
them in accordance with the terms of their permits, who 
refuse to fight fire or to give information, or otherwise fail 
to aid when requested in the prosecution of those respon¬ 
sible for trespasses. 
ARSON. 
Section 447 of the California State Penal Code defines the 
crime of arson as the willful and malicious burning in the 
nighttime of an inhabited building in which there is at 
the time a human being. All other kinds of arson are of 
the second degree. Both degrees of arson are, however, 
felonies and are tryable in superior courts. 
An inhabited building is any building which is usually 
occupied by some person at night. To constitute a burn¬ 
ing within the meaning of the law it is not necessary that 
the building be destroyed. It is sufficient that fire is 
applied so as to take effect upon any part of the substance 
of the building. 
This law applies to the destruction of any ranger station, 
lookout house, or other inhabited building belonging to the 
Government. The thorough investigation of such cases 
should not be left to local authorities, as much valuable 
time may be lost in getting in touch with such officers. 
