Daily capital journal. (Salem, Oregon) 1903-1919, 1915-01-06
ELLIOTT RECOMMENDS
IMPORTANT CHANGES
State Forester VIII Ask Law
makers to Amend Several
Statutes

Acting upon the theory that speedy
trial, with an early convention and
nominal fine will prove more effective
than provision for severe punishment
in a higher court where most of the
cases are likely to result in acquittals,
State Forester f. A. Elliott will ask
the legislature to amend the present
law providing for punishment for viola
tiOn of its provisions regarding the set
ting of fires in and near forests to re-
duce the amount Of fines SO as to give
justice courts jurisdiction. The pres.
ent law carries fines of more than 800
for violation of the forest fire law and
takes the cases out of the jurisdiction
of the justice court and places them in
the circuit court.
Another important change in the
laws which is advocated by State For.
ester Elliott, which is in conformity
with the recommendations of the Ore.
gOn Sportsnen's league, the state fish
and game commission and other organ,
izations, is that the beginning and end
ing of the closed season for the issu.
ance Of burning permits should be fix,
ed by gubernatolial proclamation in
stead of the fixed season, June / to
October l, as at present. In making
this recommendation Mr.. Elliott ex-
plains that it is not necessary to re-
quire permits for burning after the
! first general rains which usually come
early in September, and in some sea
sons unrestricted burning can be allow
ed during the most of June.
The sportsmen's league and fish and
game commission advocate postponing
the opening Of the season for hunting
from August to September /, and in
commenting upon this proposed change
Mr.. Elliott says; "'This movement is
heartily endorsed by the state board of
forestry, as August is generally the
driest month of the fire season. and the
presence Of. numerous hunting parties
in the timbered districts can not but
add to the fire danger. To change the
fixed season Of issuing fire permits to
the gubernatorial proclamation seasons
subject to the recommendation of the
state forester" he says, 'would be
especially advantageous to ranchers
and settlers engaged in land clearing
operations This provision should also
be made to apply to the burning of
grass or stubble located adjacent to
standing timber"
Particular stress is laid by Mr. III.
lott upon the proposed reduction in
the fines for law violations so as to
bring the cases within the jurisdiction
of the justice courts. Under the pres.
ent law, before case can be brought
to trial, he says, the determination of
the most important witnesses for the
prosecution that the violator should be
punished for his offcnse. has changed
to an attitude Of Indifference before
the case is brought to trial, and after
the smoke of the forest fires has clear
ed away by the fall rains it is difficult
to interest the average juror in reduc.
ing the fire hazard by voting for con
victiOn.
"Fines sufficiently small to give the
justice courts jurisdiction over most Of
fenses," he says, "thereby insuring
quick action, will result in greater Ger.
tainty Of conviction and an increased
respect for the laws. It is apparent
that such procedure is especially ad.
vantageous when dealing with campers
and hunters who are not residents of
the locality Of the county in which the
offense is committed" "
In discussing the expenditures Of the
department for forest protection work,
Mr.. Elliott points out the splendid
work Of the forest patrol service of the
past year, when hundreds Of thousands
Of dollars in timber value was saved
to the private timber owners and the
industry in general and in the upkecp
of which service the private timber
owners spent $4 to the states one in
safeguarding the enormous forest as.
set, and he says:
Asks Reduction in Appropriation.
"An appropriation of 100000 for
the biennial period 1856 could be
used to great advantage in helping pro.
tect Oregon's greatest resource. How.
ever in view of the prevailing indus.
trial conditions, the above amount has
been reduced to $4,000 in the budget
to be submitted to the legislative as.
sembly. This amount includes only
the funds necessary to continue the for.
est protection work developed during
the past four years. and leaves no
money for the consideration Of other
problems having bearing on the per.
petuatiou Of our timber supplies"
He would also have the costs Of
cleaning up areas adjacent TO standing
timber covered with old slashings and
other inflammnble material assessed
against the owner Of the property, and
making persons, firms or corporations
burning slashings etc. responsible for
consequent loss by fire.
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