The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1909-04-30

fourteen thousand dollars in any one
year, shall with approval of the state
paid by the state.
And whenever the local officials shall
neglect to prosecute violators Of any law
relating to forest and prairie fires, the
and the cost of such prosecution not ex-
ceeding two thousand dollars in any
year. shall be paid by the state.
Sixteen thousand dollars, as an emery
ency fund.- or so much thereof as may
be necessary, are hereby appropriated
annually for the purposes OF this Sec
! Sec. 1885. Each fire warden shall be
paid for actual service at the rate OF
twenty-five cents per hour and actual
and necessary travelling expenses, an 40
twenty cents per hour.
A fire warden or employee shall re-
ceive pay for use Of team when plowing
for the control of a fire or in hauling
water
In an ordinary season the expense In
CURED for fire warden service and in
suppressing fires shall be paid out OF the
state treasury on duly verified vouchers;
| the commissioner: and one-half (1G the
amount shall be reimbursed to the state
by the county in which the expense oc-
CURED.
| The state auditor shall notify the prop
er county auditor of the one-haf %
amount that has become due from his
county under the foregoing. provisions
and such county auditor shall immediately
draw and transmit to the state auditor
a warrant on the county treasurer Of his
county In favor of the state for such
| amount.
| For forest presentations, including the
compensa ton and expense of the forestry
commissioners department and one-hall
| the pay, in an ordinary year or IRE
venting and suppressing forest. and
prairie fires there is hereby annually ap-
| propriated out OF any money In the
treasury: not otherwise appropriated the
sum of five thousand dollars, or so mucn
/ thereof as may be necessary.
! Sec. 1887. Every warden or patrol, and
every person lawfully commanded to as.
| sist in enforcing any Of the provisions OF
fuse or neglect to perform his duty;
every person who shall kindle a fire on
or near forest or prairie land and leave
sSs sef or 9e pay
grass, field stubble or other material and
fail to extinguish the same before 1t has
endangered the property Of another;
every person who shall negligently or
carelessly set on fire. or cause to be set
on fire, any woods. prairie, or other COM
bustible material whether on his own
land or not, by means whereof the prop p
who shall negligently suffer any fire upon
his own lands to extend beyond the lin
| its thereof: every person who shall use
arms, or carry naked torch, e-brand.
or exposed light in or near forest land.
or who in the vincinity Of such land shall
throw or drop into combustible material
any burning match, ashes Of pipe, light
ed cigar or any other burning substance,
and who fails to Immediately extinguish
the same, and every person who shall
deface. destroy or remove anv abstract
or notice posted under this chapter, shall
be deemed guilty Of misdemeanor, and
on conviction. thereof shall be punished
by fine of not less than fifty dollars ana
not exceeding one hundred dollars and
costs of prosecution, or by imprisonment
| in the county jail not less than thirty
days and not exceeding ninety days, or
by both fine and imprisonment
Any person who maliciously sets on
fire, OF causes to be set on fire, any
woods, prairie. or other combustible ma
terial. whereby the property of another
is destroyed and lives sacrificed shall be
punished by a fine Of not over five hun
bred dollars or be imprisoned in the
state prison for term not exceeding ten
years, or both such fine and imprison-
ment.
Sec. 17s7a. Every person who, in a dry
season. starts camp, or other fire in
the vincinity Of forest or prairie land.
for cooking, obtaining warmth or for any
reasonable precaution to prevent. such
fire from spreading. and SHALL before
lighting the same clear the ground from
all branches. brushwood; dry leaves or
dius of ten feet from the fire, and shall
carefully extinguish the fire before quit
ting the place.
Sec 17s7b. When It shall be shown in
track of fire. or otherwise, that fire.
which spread from the land Of one owner
or occupant to land Of another, had its
origin on a tract upon which, lct;o, at any ~
such spreading. the owner or occupant
Of the tract or his agent or any en-
ployee was using fire in clearing land or
otherwise, the same shall be prima facie
agent or employee was guilty Of having
by negligence caused such fire to spread.
and on conviction he shall be deemed
guilty. of a miSdemeanor.
No appeal shall be allowed from a
Judgment in Justices court In any pros
ecution under this chapter unless the per-
son appealing shall, within the legal time
with two sufficient sureties, surety COM
pany or cash bail. IN twice the amount
Of the fine and costs, to be approved by
sthe justice, conditioned to appear before
the district court on. the first day, Of the
general term thereof next to be held In
and for the same county, and abide the
Judgment Of said court therein.
The justice may examine the proposed
sureties under oath, and in such case
answers in respect to the kinds and
amount of their property that is not ex-
empt from execution, and furnish a copy
Of the same to the commissioner.
Sec 17S7c. Every road inspector or
assistant Of a road inspector, or other
officer having charge Of the highway.
who during a dry season has reason to
believe that any traveller or wayfarer has
left a camp fire on any roadside in his
district. shall without delay go to the
place of such camp. and examine wheth-
er any fire has been left burning or
smouldering: and If he finds fire in any
such camp, he shall extinguish the same,
also take prompt measures to prosecute
the person or persons who so left such
fire.
1t shall be the duty of every such high
way officer. when requested by the war
den, to render every assistance possible
in preventing or extinguishing fires. and
his pay for actual service shall be the
same as that of a warden.
Sec. 17S7d. Any person or corporation
who cuts or fells or causes to be cut and
felled timber or wood or trees of any
kind for commercial purposes shall pile,
and under charge of competent person
or persons burn the slashings (by which
is meant the branches, tops and refuse)
said burning shall be done as soon as
practicable at time when it can be done
without danger and before the first day
Of May next following.
1t shall be the strict duty Of each fire
warden, under the orders Of the COM
missioner, to see that the provisions Of
this section are faithfully complied with
Any person or corporation who cuts or
fells trees or bushes in clearing land for
roadbed or right of way for any railroad,
highway or trail shall In the same man
ner pile and burn the slashings and all
corbustible material except fuel and
merchantable timber.
In every above instance Of piling and
burning care in proportion to the danger
shall he exercised to prevent injury to
remaining standing timber or woods.
Any person or corporation who cuts or
fells trees or bushes in clearing land for
ic,,1t, ma ga MIR iS