Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08

fires, and of broken or plowed fields, and
may in his judgment map out his district
in any form, SO that when the fire guards
are made, a prairie fire may be confined to
the smallest possible area consistent with
the amount OF funds and labor available in
his fire district.
SEC. g.. LEGAL FIRE BREAKs.1 A strip
OF blowing, or burning where it cannot be
pl0Wed, not less than four feet wide on
either side and burned or plowed within
such strips, and not less than sixty-six
feet wide, is hereby designated a legal fire
break.
SEC. Z. WHEN PRAIRIE MAY Be SET
ON FIRE. For the purpose OF making a
fire guard it shall be lawful to set the prai-
RE on fire. provided, that the prairie SO set
on fire shall not exceed one hundred feet
in width, and shall be protected on each
side BY a strip of blowing or of burning not
less than four feet wide, and that at any
such burning there shall be not less than
three men present and prepared with suit
able appliances to keep such fire under
control.
SEC. 8. FIRE WARDEN MAY SUMMON
PERSONS II Work. The fire warden
shall have the power to summon all per-
sons liable for highway tax to work the
same in aiding to make fire guards, and
they shall have the same credits therefor
as if the work had been upon the high
ways. The same law as to notice and fail.
ure to work, as applies to highway work
shall apply to this law.
SEC. g.. PENALTY FOR FAILURE TO
COMPLY.] The fire warden shall nave
power and is hereby authorized to
call out a sufficient number OF men
in case a prairie fire threatens any
portion OF his fire district, to extinguish or
protect property, and any one warned out
by the fire warden or under his direction
and who refuses or neglects to respond, un-
less he renders a reasonable excuse, shall
be guilty OF a misdemeanOr and shall, upon
conviction thereof, be fined not less than
ten (lO) dollars nor more than fifty (5O)
dollars; provided, however, chat any one so
called out shall be given credit the same as
if he performed labor on highway.
SEC. 10. RAILROADS TO BURN RIGHT
OF WAY.] 1t is hereby made the duty of
every railroad company within this state
using steam power, not later than the Both
day of June in each year, to pillow or cause
to be plowed a strip not less than
four feet wide, along and within the Dor
der line of their right OF way and on each
side of the track, except in sloughs,
draws and marshes. where the ground is
too wet to plow before SAID date, and in
all such cases said ground shall be plowed
as soon thereafter as the conditions there
OF will permit; and to burn or otherwise
destroy all grass, weeds or other com
bustible matter being or lying within
such plOwed strips along their right of
way, not later than the last day OF Aug
ust in each year. 1t is Furthermore the
duty OF all railroad companies operating
within this state to carry netting or spark
arrestors on all the smokestacks from the
first day of August to the fifteenth day
OF November in each year when running
through the prairie portion of this state
Any railroad company failing or neglect
ing to comply with the requirements OF
this section shall be guilty OF a misde
fined not less than five hundred $500
dollars FOR each o~tfense, and shall be
liable to any person or persons damaged
by such failure or neglect, to the full
amount OF such damage.
SEC. IL. DUTY OF RAILROAD EN-
PLoYEEs.l 1t is hereby made the dut,
OF all conductors, brakemen, engineers
tiremen. roadmasters and section men il
the employ OF the railroad companie:
within this state. knowing or hayint
knowledge that fires started from an,
material within the right of way or from
sparks from engines, to inform the fir,
warden Of the fire district where sucl
through the nearest local station agent
And if any OF the railway employees O
officers herein designated shall fail, ne
glect or refuse to give information as re
CURED Dy this act, he shall be guilty of
MisdemeanOr, and shall, upon conviction
be fined not less than twenty (20) dollars
SEC. IL. DUTIES OF STATES ATToH
NEY's.] 1t is hereby made the duty OF al
states attorneys within this state to inves
tigate all matters pertaining to prairie fire
within their respective counties, and if
cause Of action exist it shall be and it i
hereby made the duty of such states at
torneys to prosecute the same as in case!
OF misdemeanOr.
SEC. Is. 1t is hereby made the duty O
any person or corporation operating an,
threshlng engine or engines to carry net
ting or spark-arrestors in the smokestack
of all such threshing engines from the frs
day of August until the fifteenth day o
November Of each year.
SEC. IA. APPROPRIATION FOR FIR
GUARDs.] The board OF county commits
sioners are hereby authorized to expen,
not to exceed the sum of eight hundre,
5000 dollars annually, from the road all,
bridge fund, for the purpose OF construct
ing fire guards.
SEC. ID. REPEAL. All acts or parts O
acts in any in conflict with tn
provisions of this act are hereby repealed
but nothing in this act shall be construe
to be in conflict with Senate Bill No. II;
being a bill for an act to provide for til
determination of Russian thistle an
French weed.
AnnrOvpd March 10 1909