Part II

of any other person, shall build any fire, or use Neglipcnt an abandoned fire in a field, public or building or vse private road, or ad.jacent to. or in pny of or failure woods or forest in this state, shall, before to extinguish. leaving such fire, totally extinguish The same, and upon failure to do so, such per- son, or persons, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not less than twenty- five dollars nor more than one hundred dollars and costs of the prosecution, and upon default in paying said fine and costs, shall be confined in the county .lall not more than ninety days unless said fine and costs be sooner paid. Tf any person, or persons, negligently set on fire any woods. fields or lands within this state, so as ( 17 ) Punishment. thereb.y to occasion loss, damage or injury to any other person, he shall be guilty of a misdemeanor and on conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars, and in the discretion of the justice or court trying the case, be imprisoned in the county jail not to exceed one year, and upon default in payment of the fine and costs, he shall be imprisoned in the county jail not to exceed six months, and if any person or persons wilfully set on fire any woods, fields or lands within this state, not his own so as thereby to occasion damage or injury to any other person, he -shall be guilty of a felony and on conviction thereof, shall be confined In the penitentiary not less than one nor more than two years. [Sess. Laws, 1909, Chap. 60.] Sec. 4242-8. [Code of West Va., 190G]. If any person unlawfully and maliciously set fire to any woods, fence, grass, straw, or other thing capable of spreading Maliciously fire on lands, he shall be fined not oxceed- setting fire ing one hundred dollars, and confined in to woods, jail not less than two nor more than fences, etc. twelve months, and shall moreover be liable to any person injured thereby, or in consequence thereof, for double the amount of damages sus- tained by such person. [Sess. Laws, 1882, Chap. 148.] Sec. 424.3-9. If any of the acts mentioned in the next preceding section be done unlawfully but not wilfully or maliciously, the person guilty thereof shall Unlatcful setting be fined not exceeding fifty dollars, and fire to icoods, shall moreover be liable to any person in- fences, etc. jured thereby, or in consequence thereof, for all such damages as may be sustained by such person. [Sess. Laws, 1882, Chap. 148.] (3) Precautions hy railroads. Sec. 2803a35-54. [Code of West Va., Supp., 1909]. Every railroad company shall, on such part of its road as passes through forest lands or lands subject to Removal of fires from any cause, cut and remove from in flammable its right of way along such lands, at least material from twice a year, all grass, brush and othe>* railroad inflammable materials and employ in sea- riglits of Kay. sons of drought and before vegetation has revived in the spring, suflUcient trackmen (18 ) to promptlj- put out tires on its right of way ; provide loco- motives tliereon with netting of steel or Spark extin- (juishers on engines. Prevention of ^scaije of fire from cntjine ash jxins and iron wire so constructed as to give the best practicable protection against the es- cape of fire and sparks from the smoke stacks thereof, and adequate devices to prevent the escape of fire from ash pans and furnaces which shall I'e used on such loco- motives. furnaces. <)t 1o deposit 1 coals or ashes on tracks or rif/hts of icay.] No railroad company or employee there- of, shall deposit tire coals or ashes on its track or right of way near such lands. In case of fire on its own or neighboring lands. th"e railroad company shall use all practi- {Employees to cable means to put it out. Engineers, con- report nearby ductors or trainmen discovering or knowing fires] of tires in fences or other material along or near the right of way of the railroad in such lands, shall report the same at the tirst station to the station agent, and such station agent shall forthwith notify the nearest tire warden and use all necessary means to ex- tinguish the same, and any officer or em- Punishment foi ployee of a railroad company violating �ny riolalions of provisions of this section, shall be guilty section. of a misdemeanor and upon conviction thereof, shall be tined a sum not less 4han twenty nor more than two hundred dollars. fSess. Laws, 1909, Chap. 60.] (4) Stock hue. -- Note Since the running at large of stock has a elo.se relation to the starting of forest tires, the provision made to m regulate it is of considerable importance connection with the matter of fire prevention. 'I'lie state law on the subject. Chap. 45 of 1885 Laws, as amended by Chap. 42 of 1897 Laws, and by Chap. 44 of 1007 Laws (contained in Sections 2726-2728. Code of West Virginia. 1906, and Section 2729. Code Supp., 1909), provides that it shall be unlawful for any cattle, mules, horses, sheep, hogs, or goats to run at large : but that the law shall not be enforced in any county, district, or portion thereof, in the state imtil it be adopted by a ( 19 ) majority of the voters in sueli county, district, or portion tliereof, at an election in wliicli tlie question shall be submitted for either adoption or rejection. APPENDIX. Digest of Act Giving Consent op State to Acqiisition by United States of Lands for a National Forest. Act approved February 27, 1909 ; Sess. Laws. Chap. 61. [Code Supp., 1909, Sees. 5al-5a3.] Consent to acquirement of lands for a National Forest. Consent of the state is given to acquisition by the United States, by purchase or condemnation, of such lands in the state as In the opinion of the Federal Government may be needed for the establishment of a National Forest. Concurrent jurisdiction ; United States laws. Concurrent jurisdiction is provided for ; and power is conferred upon Congress to pass necessary laws foi* the acquisition, management, and protection of such lands. (20 ) INSTRUCTIOXS TO FIRE FIGHTERS. If you discover a fire too large to be put out at once, get help immediately. If necessary, notify the nearest forest, game and fish warden, lookout-watchman, patrolmen, or if neither is available any constable, sheriff or deputy sheriff of the county. Organize and select the best man as leader. When a fire- warden is present he should take charge. Form a plan of action and stick to it. Consider the rights of property owners, but do not let them back fire to protect their own property unless it will be for the general good. Back fires should be authorized only by the man in charge. If you believe tliat a fire will take a considerable time to put put, divide your force into crews, one to relieve the other. Keep some one on the job all the time. The best tools for fighting fire are the shovel, mattock, ax and wet sacks. Rakes, hoes and brush hooks are also useful. Other re(|uisites are canteens or water bottles, and lanterns for night work. Sand or earth thrown on a fire is as effective as water. If possible stop the fire by means of a trail or trench. Where the fire burns slowly in open timber pinch it out by knocking the burning material back into the burned area. Put out logs and stumps by throwing dirt on them. Never leave burning trees or snags near the fire line. Chop, saw. or blast them down. Many fires well under control have broken out again when a little additional work would have made them quite safe. Work at night or in the early morning, instead of by day, when it is possible. At night a six-inch trail will often hold a fire that would leap a quarter of a mile during the heat of the day. At night less time is wasted carrying water to the fire fighters. Fires occurrin'r in dense brush or thickets may require back firing. Start your back fire far enough in front so that you will have time to complete your work before the main fire reaches you. Start it from a road, trail or stream if possible. If not, cut a trail, scrape it clean, light your fire and guard your trail. Back fire along the top or bottom of a ridge rather than half way up the slope. ( 21 ) See to it that the ends of your back fire are safe. Run them together if possible, thus surrounding the main fire, or else run them into portions that have burnt out, or to a stream or road. A back fire is just as dangerous as the original one unless it is perfectly safe throughout its whole length. Watch the fire line after the fire is under control. Sparks blown from burning snags, chunks thrown from falling trees, and many other things may cross the fire line. Keep some one on guard. If, -after you have exhausted every effort and the fire is still out of control telegraph the forest, game and fish warden, Belington, W. Va., collect, and help will be furiiished whenever possible. Use your best judgment in fighting fires when you are in charge as local conditions make it impossil)le to give any iron clad rules to follow. If some one else is in charge obey his instructions. -- r.unihrr Companies All. lumber companies operating steam railroads should equip their engines with the best fire fighting paraphernalia possible and the following suggestions are made for this equipment and means of combatting fires : (1) Proper stacks and screens. (2) Barrels of water along steep grades, at intervals, where there are no streams of water that have a steady flow in dry weather. (3) Equipment for all engines, such as hose and all attachments necessary to handle water nuickly and efficiently, to extinguish fires which start along the railroad. (4) Winter tank car for emersrencies. ('t) A patrol should be made after all trains in dry weather. (6) A careful inspection should be made at resrular periods of all equipment. (7) Instructions should be issued to all section crews and employees to be on the lookout for fires and just what they should do toward extinTuishing same. (S) All inflammable material should be removed from along tracks for at least flfty foet on either sidf. (0) In extreme dry weather trains should not be run during the dry portion of the day. If trains are run during the early morning, late evening and after night much danger -- from fire will be avoided. Railroads .Ml of the above rules that are practical and possible of enforcement should be used by main liup railroads as well as the lumber roads. If the proper officials of all railroads will issue written instructions to their employees to carry out the provisions of the forest laws applicable to ( 22 ) railroads a tremendous improvement oan be made and many lires averted. Trackmen sliould be instructed to clean all rights-of-way at least twice per year of inflammable material. Sutiicieht trackmen should be kept to promi)tly i)ut out any fires that may occur along the rights-of-way. .Ml locomotives should be equipped with proper screens to prevent the escape of sparks and hot cinders and with adequate devices to prevent the escape of fire from ash pans, and a proper inspection should be made of all such devices at short intervals during the dry weather in both spring and autumn. Instructions should be issued to all engineers, conductors and all employees to report fires to the railroad agents as is required by law. -- Perftona Burninn linish Before burning brush or clearing^ land, notify the state or association patrolman, if there be one in your district. He will help you look after it. Burn brush in still weather or when the l)reeze is away from adjacent timber and towards open land. If possible, the best time is in cloudy weather just before a rain storm. If there is a lookout station in your vicinity notify the lookout watchman so that he will know tiuil yon are going to burn your brush, as otherwise h(> will likely go to the trouble of summoning men to fight what he takes to hip a forest fire. Always have plenty of persons close around when burning brush so that In case this fire escapes and gets into woodland you will be able to extinguish it. -- Campers, Hunters, Fishermen. Etc. Be careful of your campfire. Never build your campfire larger than