A Brief History of Forestry.: In Europe, the United States and Other CountriesFernow, B. E. (Bernhard Eduard)
History
A Brief History of Forestry.: In Europe, the United States and Other Countries
Fernow, B. E. (Bernhard Eduard)
Forests and forestry -- History
Curiously enough, wood on the stump is still not considered property in
the same sense as other things, so far as theft is concerned; the
stealing of growing timber is not even called theft, the word used in
the laws being _Frevel_ (tort), and, like other infractions against
forest laws, it is punished by a money fine, more or less in proportion
to the value of the stolen material or the damage suffered. This money
fine may be transmuted into imprisonment or forest labor, but corporal
punishment, which still prevailed in the first decades of the century,
has been abolished. Wood stealing was very general and rampant during
the beginning of the century, but improvement in the condition of the
country population and in the number and personnel of the forest
officers since 1850 has now reduced it to a minimum.
Formerly, and until 1848, the administrators and even the forest owners
acted at the same time as prosecutor, judge and executioner, and only in
1879, was this condition everywhere and entirely changed, and
infractions against forest laws adjudged by regular courts of law,
holding meetings at stated times for the prosecution of such
infractions.
Nevertheless, the court proceedings in forest matters still vary from
the usual court practice, providing a simpler, cheaper and more ready
disposal of testimony and witnesses, and quicker retribution, which is
largely rendered possible through having every forest officer under oath
as a sheriff, and his statement, and perhaps the confiscated tools
employed in the theft, being accepted as _prima facie_ evidence of the
infraction.
The social position of the underforesters and the forest protective
service has also been improved until all charges of incompetency and
immorality, which were not undeserved even until past the middle of the
nineteenth century, have become reversed; the forest service being
morally on as high a plane as all the departments of German
administrations.
7. _Forest Policy._
During the first half of the century the old conception of
_Forsthoheit_--superior right of the princes to supervise and interfere
with private property--changed into the more modern conception of the
police function of the state, and, by 1850, after the revolutionary
period, the seignorage of the princes had passed away. The issue of
forest ordinances (the last in 1840) was replaced by the enactment of
forest laws which, since the establishment of representative government,
has become a function of legislatures.
Public-domain text, read in full here on John Shaqi.
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