Another early attempt to assist in forest conservation was an attempt to reforest the treeless plains of our Western States. On March 3, 1873, the Timber Culture Act was passed by Congress by which the planting to timber of 40 acres of land in the treeless territories conferred the title to 160 acres of public domain. At first this act seemed to work out as intended but it did not take very many years before it proved a dismal failure. Settlers had no knowledge of planting trees; the restrictions of the act could not be enforced, and the act was open to other abuses. The act was finally repealed in 1891. Many similar laws for encouraging the planting of timber were passed by the legislatures of some of the Middle Western States, but all met with little success. In 1874 Nebraska inaugurated Arbor Day. By this act of the legislature the second Wednesday in April of each year was set aside for planting trees. Other States have followed the example of Nebraska, so that to-day almost every State provides one day in the year for planting trees. Thus Arbor Day has become practically a national institution. _The Act of August 16, 1876._ The first constructive piece of legislation enacted by the Congress of the United States was the Act of August 16, 1876. This was the first of a series of Acts passed by Congress which, although occurring many years apart in some cases, put forest conservation upon a firm basis. Under the first act the Commissioner of Agriculture was directed: "To appoint some man of approved attainments who is practically well acquainted with methods of statistical inquiry and who has evinced an intimate acquaintance with questions relating to the national wants in regard to timber, to prosecute investigations and inquiries with the view of ascertaining the annual amount of consumption, importation, and exportation of timber and other forest products; the probable supply for future wants; the means best adapted to their preservation and renewal; the influence of forests upon climate and the means that have been successfully applied in foreign countries, or that may be deemed applicable in this country for the preservation and restoration or planting of forests, and to report upon the same to the Commissioner of Agriculture, to be by him in a separate report transmitted to Congress." Dr. Franklin B. Hough, an active, untiring, and intelligent scholar, was the first man to be appointed by this act. As Commissioner of Forestry he prepared the first report and submitted it to Congress. The next year, in 1877, Congress granted its first appropriation of $6,000, "for the purpose of obtaining other facts and information preparatory to establishing a Division of Forestry."