Our national forests : $b a short popular account of the work of the United States Forest service on the national forestsBoerker, Richard H. D. (Richard Hans Douai)
History
Our national forests : $b a short popular account of the work of the United States Forest service on the national forests
Boerker, Richard H. D. (Richard Hans Douai)
Forests and forestry -- United States; United States. Forest Service
_Trespass._ The Act of June 4, 1897, authorizes the Secretary of
Agriculture to make rules and regulations for the occupancy, use and
protection of the National Forests, and provides that any violation of
such rules and regulations shall be punishable by a fine or imprisonment
or both. This and later acts provide for fines or imprisonment for all
violations of the regulations governing National Forests. The violation
of these regulations constitutes trespass, and these may be either
fire, timber, grazing, occupancy or property trespass, depending upon
the offense. Since the United States has all the civil rights and
remedies for trespass possessed by private individuals, it may bring
action to recover damages resulting from trespass or breach of contract.
Fire trespass includes the following offenses: setting fire to timber,
brush or grass; building camp fires in dangerous places where they
are hard to extinguish; or leaving camp fires without completely
extinguishing them. The various railroads that cross the National
Forests are one of the most frequent offenders in that the sparks
issuing from the locomotives or the hot ashes dropping from the fire box
set fire to National Forest timber. The railroads are required to use
every precaution to prevent such fires, but many of them are started,
resulting in damage suits by the Government. The damages cover not only
the merchantable timber and forage destroyed, but damages are also
collected for young, immature growth, which at first thought might seem
to have little or no value. But the courts have held that while the
young, unmerchantable trees have very little value now, they have a
great value as the basis for a future crop of timber. Thus, in the case
of the United States versus the Chicago, Burlington and Quincy Railroad,
in 1910, for fire trespass on the Black Hills National Forest, caused
by sparks from the locomotives operated by the company, the damages
included $17,900 for young growth. Also, in the case of the United
States versus the Great Northern Railroad, in 1911, in which suit was
brought upon the negligence (causing fires to start) of the defendant
company on their right-of-way, which fires subsequently spread to the
Blackfeet National Forest, damages included the destruction of a great
many immature trees, the value of which was estimated on the basis of
their value at maturity discounted to date. It is significant that this
case never went to trial; the defendant paid damages and costs without
argument.
[Illustration: Figure 46. A few years ago this was a green, luxuriant
forest. Picture taken after the great fires of August 20, 1910, on the
Coeur d'Alene National Forest near Wallace, Idaho]
Public-domain text, read in full here on John Shaqi.
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