The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-12-09
Legislation Which
Protects Forests
Hon. Garrick NJ. Harding in the Wilkes
Barre Record,

" suy nOInlnR OF the uenunCla-
ton which has characterized the utter
ances of the lesser partisan sheets. An
honest examination of the acts passed
Ht the session referred to will show that
IN point of excellence and practical usc-
fulness, they more than favorably COM
pare, as a whole. with those of any pre-
Vious legislature for decade or more
past. True enough some of them, in
deed, many of them may be subject to
just criticism: but 1t should not be for
gotten that the dominant party in the
last legislative body was afflicted and
torn by faction, and, as necessary re-
suit, suitable unanimity even in matters
appertaining to the common and public
good was not always attainable.
An extended review Of the various en-
actments is not herein contemplated, but
general attention deserves to be called
to such of them as are of immediate
interest to our people. For example,
take the amendment to the Act of June
g 1N0 entitled "An act to protect the
timber lands from fire." The purpose of
the original act was an eminently good
one, but for lack of proper provision for
its enforcement. 1t remained for twenty
seven years mere dead letter upon the
statute book, and during that period
year after year forest fires followed loco
motive engines not only all over our
mountains, but through every consider
able patch of wood land lying within a
stones throw of the multltudinous iron
paths almost everywhere throughout Ahe
state. Owners of timber lands have been
without redress; farmers have had their
fences swept away, their cattle enlarged,
their crops destroyed, and in many To-
cahties their very homes endangered. A
second growth of timber has been impos-
sibIe. Even the roots of parent trees
have been SO burned that sprouts, if
growing at all, are gnarled and un-
thrifty.
The provisions of the original act are
as follows THAT it shall be the duty Of
the commissioners of the several coun-
ties of this commonwealth to appoint
persons, under oath, whose duty IL shall
be to ferret out and bring to punishment
all persons who either Wilfully or other
wise cause the burning of timber lands,
and to take measures to have such fires
eXtinguished when it can be done; the
expenses thereof to be paid out of the
county treasury, the unseated land tax
TO be first applied to such expenses"
The probable reason why the commits
siOnerS of the several counties in the
state have given little or no heed to the
enforcement of this act Is, that when a
fire has been started in any considerable
area of wood or timber land by a pass
ing engine and famed even for an hour
by the usual attending wind, it's eXtin-
guishment, except by long and drench-
ing storm of rain is an impossibiity
The amendmCnt-sO-caled 1897 is
practically new act: 1t Is vastly broad
er in its compass than the original one 4:
it strikes Il much more far-reaChing
blow, blow, too, that every sane man
in the commonwealth must Concede Is
Y@iCf h . Fptl N Il
ton 1t Will remedy a grievance which
hitherto has been not only general. but
almost intolerable.
1t will be seen 10y the language Of the
former Act of June ., 1870 that it was
aimed exclusively at persons who eth
cr wilfully or otherwise cause the burn
ing of timber lands" The amendment. or
i'm other words, the act of 1897, Is q needel
step further Its language Is as fol-
lows: That it shall be the duty of the
commissioners of the several counties
OF this commonwealth to appoint per-
sons, under oath, whose duty il shall
b" to ferret out and bring to punishment
all persons or corporations who either
Wilfury or otherwise cause the burning
of timber lands within their respective
counties, and to take measures 10 haze
such fires eXtinguiShcd where II can be
done; and on failure Of the commission
ers of any county, after demand made
upon them by the commissioner of for
estry of this commonwealth, to comply
with this provision they shall be deemed
guilty of a misdemeanor in office, and
upon conviction thereof shall be fined
in sum not exceeding one hundred dol
lars, or suffer an imprisonment not cX-
ceeding two years, or both at the dis
cretion of the court. The expense in
CURED in the employment of the persons
contemplated by this act on and after
the first day of January, Ammo Domini
one thousand eight hundred and ninety
eight. shall be paid, onc-half out of the
treasury of the respective county, and
the remaining half of said expense shall
be paid by the state treasurer upon war
rant from the auditor general"
o
The language of this act is plain and
direct; it will surely not admit of any
juggled misconstruction; IL includes not
only "all persons" but all corpora IONS
who either wilfully or otherwise cause
the burning of timber lands" Railroad
corporations, the known authors of
nirctY-nine of every hundred of the fires
kjr 4 in the woods and forests of the
STA curing the last twenty-seVen years
ana longer, are not omitted even indi-
rectly Unless, therefore, this fair and
most needed act of assembly is emascu-
lated hereafter by judicial Interpretation
and construction-a result by no means
Ia be apprehended-thcre will he hope
for forestry. The adiudicated cases hith-
erto substantially hold that when rail-
road corporations have attached to their
engines the best known appliances" 10
prevent the sowing of fire, their whole
duty in this respect has been performed !:
and hence, although fires no matter how
destructive, may follow at the heels Of
their passing trains, no liability results
therefrom. Spark arresters in the smoke
stacks of engines generally, but not al
ways, save fences, fields and buildings
throughout agricultural districts but not
so with wood and forest lands. The
best appliance" for the latter PURPOSE
would be one or more faithful, active
human beings stationed at suitable dis
tances apart, whose duty it should be TO
eXtnguish started fires before they be-
come Widespread COnfagrations. The cost
OF such appliances would be compare
lively small to the corporations, but
OF value almost inestimable to the gem
cral public, to say nothing about the
owners of lands of this character.
ID
Again. the legislature of 1897 passed
another law altogether new in it's char
acter, and when put i'm operation after
Jan. l. 1898 will be a further valuable
aid to forestry. Constables are made fire
wardens, Their duties will be 10 take
measures to oXtinguish all forest fires
started in the respective townships
throughout the state They are empow-
cred to call upon "any person or persons
within their respective townships for as
sstance,' and n person thus called upon
may not refuse; if he uoes, he becomes
at once liable to line of ten dollars
and TO imprisonment for thirty days
Payment Is provided for both constaDle
and assistants. The act is of some length
IT appears I'm the pamphlet laws Of 1897
page ., and should be read by every
citizen. Forest "tirc bugs of all kinds
must he stopped, otherwise forestry in
the long away future will be no ,noTa