11/1 
 
HoUinger Corp. 
 pH8.5 
 
STATE CONSERVATION 
 
 COMMISSION 
 
 OF" 
 
 SD 421 WISCONSIN 
 
 .W6 
 1919 
 Copy 1 
 
 '^^' 
 
 Forest, Field and 
 Marsh Fire Laws 
 
 with 
 
 Instructions to Town Cliairmen, 
 
 Road Superintendents, Railroad 
 
 Men, Rano^ers and Patrolmen 
 
 MADISON, WIS. 
 1919 
 
Fires this year will cost us men, 
 homes and resources 
 
 TAKE NO CHANCES 
 
 with camp fires, matches, 
 cigarettes or slashings 
 
 Put Them Out ! 
 
 We thank you for your care 
 
 ". ft.f g. 
 
 fa-\2Y 1920 
 

 1>' 
 
 (ts FOREWORD 
 
 ^ This pamphlet is issued for the benefit and 
 information of such persons or officials who 
 are to a greater or less extent interested in 
 the Wisconsin laws relating to forest, field, 
 swamp, marsh and other running fires. It is 
 intended to briefly present such provisions 
 as may be of particular interest to the dif- 
 ferent classes of citizens. 
 
 READ THIS BOOKIiET CAREFULLrY. 
 
 To Town Chairmen and Road Siipei*int«nd- 
 emts: 
 
 Each town chairman by provision of law 
 and without filing oath of office, is town fire 
 warden, and each road superintendent is 
 assistant to\vn fire warden to the chairman. 
 Under the law you are duty bound to fight 
 such fires and when you are notified of a fire 
 or receive a call for assistance, you must 
 act inunediately, irrespective of what work 
 you may be engaged in when you receive such 
 notice or call for assistance. 
 
 You have the power of sheriffs to arrest 
 without warrant for any violation of the fire 
 laws. You have the power to demand the 
 assistance of any able-bodied male citizen to 
 help fight fires. 
 
 Any person refusing is subject to a fine 
 of $50.00. (See Sec. 26.15.) 
 
 Highway superintendents can render a val- 
 uable service to the state, especially during 
 dry seasons, if they will stop and warn auto- 
 
mobile tourists, campers and fishermen that 
 such dangerous fire period exists; particularly 
 calling attention to the danger from matches, 
 cigars and cigarette stubs, camp fires, etc. 
 
 Fanners and settlei's must not start fires 
 during dry periods. Before burning your 
 brush talk the matter over with either your 
 town chairman or with a road superintend- 
 ent; these men under the law are town fire 
 wardens. Always help willingly and prompt- 
 ly when called upon to fight fires. You can- 
 not tell what day you may wish the help of 
 your neighbors to save your own home' 
 from fire. Do not start back fires until abso- 
 lutely necessary. 
 
 Payment of fire fighters (see sec. 2 613.) 
 
 Town chairmen and road superintendents 
 will be paid such a wage for fire fighting as 
 iriay be determined upon by the town board. 
 All men called out by the fiVe wardens (called 
 out by Town Chairmen or Highway Superin- 
 tendents), shall receive not more than thirty- 
 five cents (35c) per hour for the time actually 
 employed, which compensation is also to be 
 paid by the town board. 
 
 In case men are ordered out to fight fires 
 by special fire wardens (appointed by the 
 commission) one-half the expense will be 
 borne by the state and one-half by the coun- 
 ty, but not otherwise. 
 
 Note. — The words "assistant town fire war- 
 den" mean the ROAD SUPERINTENDENT. 
 The words "town fire warden" mean the 
 TOWN CHAIRMAN. The word "commis- 
 sion" means the State Conservation Commis- 
 sion. 
 
 2 
 
INSTRUCTIONS TO FIRE FIGHTERS. 
 
 If you discover a fire too large to be put 
 out at once, get help immediately. li nec- 
 essary, notify the nearest fire warden, or pa-' 
 trolmen, or if neither is available any sheriff 
 or deputy sheriff of the county who should 
 notify the fire warden. 
 
 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. Con- 
 sider the rights of propei'ty o^^^lers, but do 
 not let them back fire to pi'otect their own 
 projuerty unless it \^ill be for the general 
 good. Back fires should be authorized only 
 by the man in charge. 
 
 If you believe that a fire will take a con- 
 siderable time to put out, 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, mattox, ax and wet sacks. Rakes, 
 hoes and brush hooks are also useful. 
 
 Sand or earth thrown on a fire is as effect- 
 ive 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. Many fires well un- 
 der control have broken out again when a lit- 
 3 
 
tie additional work would have made them 
 quite safe. 
 
 Work at night or in the early morning, in- 
 stead 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 occurring in dense brush or thick- 
 ets 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. 
 
 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 dan- 
 gerous as the original one unless it is per- 
 fectly 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. 
 
 Use your best judgment in fighting fires, 
 when you are in charge as local conditions 
 make it impossible to give any iron clad rules 
 to follow. If some one else is in charge 
 obey his instructions. 
 
 Ijumber Companies — All lumber companies 
 operating steam railroads must equip their 
 engines with the best fire fighting parapher- 
 4 
 
nalia possible and the following suggestions 
 are made for this equipment and means of 
 combating fires: 
 
 (1) Proper stacks and screens. (2) Bar- 
 rels of water arotig 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 
 quickly and efficiently, to extinguish fires 
 which start along the railroad. (4) Water 
 tank car for emergencies. (5) A patrol 
 should be made after all trains in dry weath- 
 er. (6) A careful inspection should be made 
 at regular periods of all equipment. (7) In- 
 structions should be issued to all section 
 crews and employees to be on the lookout 
 for fires and just what they should do toward 
 extinguishing same. (8) All inflammable 
 material should be removed from along 
 tracks for at least fifty feet on either side. 
 
 Railroads — All of the above rules that are 
 practical and possible of enforcement should 
 be used by main line railroads as well as the 
 logging railroads. 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 railroads a tre- 
 mendous improvement can be made and many 
 fires averted. Trackmen should be instructed 
 to clean all rights of way at least twice per 
 year of inflammable material. Sufficient 
 trackmen should be kept to promptly put out 
 any fires that may occur along the rights of 
 way. All locomotives should be equipped 
 with proper screens to prevent the escape of 
 sparks and hot cinders and with adequate 
 devices to prevent tlie escape of fire from ash 
 
 ■ •■-■ ■ ■ ' 5- 
 
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 engi- 
 neers, conductors and all employees to report 
 fires to the railroad agents as is required by i 
 law. " 
 
 Persons Burning Brush — Before burning 
 brush or clearing land, notify the fire war- 
 den. Burn brush in still weather or when 
 the breeze is away from adjacent timber and i 
 towards open land. If possible, the best time ; 
 is in cloudy weather just before a rain storm, k 
 If there is a lookout station in your vicinity ' 
 notify the lookout watchman so that he will I 
 know that you are going to burn your brush, 
 as otherwise he will likely go to the trouble 
 of summoning men to fight what he takes to 
 be a forest fire. Always have plenty of per- 
 sons close around when burning brush so 
 that in case this fire escapes and gets into 
 woodland you will be able to extinguish it. ( 
 
 Oampei*s, Hunters, Fishermen, Etc. — Be J 
 careful of your campfire. Never build your :| 
 campfire larger than is needed, rake leaves ? 
 and dry wood away from it, and in windy i 
 weather dig a shallow hole for it. Never r 
 build a fire against hollow logs or trees where • 
 it will be hard to extinguish. Never leave 
 camp until you have entirely extinguished 
 the fire with water. 
 
 Be careful with matches, cigar or cigarette 
 stubs and burning tobacco and never throw 
 them where there will be any chance of them 
 igniting leaves or wood. 
 
 Rural Mail Oarrlers — The post office de- 
 partment of the United States government 
 has requested all rural and star route car- 
 6 
 
riers to notify the proper authorities when 
 they discover a fire along their route, and 
 fire Varden should use every means to secure 
 their hearty cooperation along this line. 
 
 The increasing large number of automo- 
 bile tourists has resulted in a new fire risk 
 along the roads in forested regions. Cigars, 
 matches and especially burning cigarettes 
 thrown from automobiles have been the cause 
 of many fires. The average smoker it seems 
 prefers to throw his stubs clear of the road- 
 way and into the weeds and dry grass of the 
 roadside. This is dangerous. Always throw 
 your cigar or cigarette stubs into the used 
 part of the roadway where there is no in- 
 flammable material. 
 
 It is absolutely necessary that every per- 
 son must aid in the prevention of forest 
 fires. The recent destructive fires in Min- 
 nesota and the western states has empha- 
 sized that it is your urgent duty. With a 
 little care and an occasional effort on the 
 part of each person either living in or visiting 
 the forested or cut-over regions of this state, 
 the forest fire risk will be materially re- 
 lieved. Any suggestion as to a possible way 
 to better the system will be given the most 
 careful attention when sent to the Com- 
 mission. 
 
LAWS RELATING TO 
 
 MARSH, SWAMP, FIELD AND 
 FORERT FIRES 
 
 Chapter 282, Laws of 1917. 
 
 Issued by the Wisconsin State Conservation 
 
 Commission, I 
 
 State and Local Fire Wardens. (Section 
 26.11) The commission shall be in charge of 
 and give suitable directions to the entire fire 
 warden force of the state. The chairman of 
 the town board of each town in the state 
 shall be the town fire warden for such town 
 and the superintendents of highways for the 
 different road districts within the different 
 towns shall be assistant town fire wardens for 
 their respective towns. 
 
 Powers of ConseiTation Commission. (Sec- 
 tion 26.12) The commission shall have gen- 
 eral charge of the fire warden force of the 
 state, and shall have authority to mass such 
 fire warden force as may be available at any 
 special, point to suppress fires. In cases of 
 emergency, or when the town shall have no 
 highway superintendents, or the town shall 
 be unusually large, the commission may on 
 recommendation of the town chairman, ap- 
 point, temporarily, needed fire wardens, 
 whose duties and authority shall be the same 
 as herein provided for town and assistant 
 town fire wardens. 
 
Duties of Fire AVai-dens; Police Powers; 
 Compensation and Rewards; Taxation and 
 PajTnent. (Section 2 6.13) (1) Each fire 
 warden (not town chairmen or highway superin- 
 tendents) before entering upon his duties, shall 
 take an oath of office and file the same with 
 the commission. All fire wardens shall take 
 prompt and effective measures against the 
 spread and illegal setting of forest, field, 
 marsh or swamp fires within their towns and 
 districts and shall have the power of sheriffs 
 to arrest without warrant for violations of 
 the provisions of any sections of the statutes 
 relating to setting, failure to extinguish, or 
 care of fires. They shall have authority to 
 call upon any able-bodied citizen, in terri- 
 tory in which they act, to assist in extin- 
 guishing forest, marsh, swamp and other 
 running fires in such manner as they may 
 direct. 
 
 (2) Those assisting either the town or 
 assistant town fire wardens in the extin- 
 guishing of forest, marsh, swamp and other 
 fires shall receive compensation for their 
 services at not more than thirty-five cents (35c) 
 per hour for the time actually employed. The 
 commission is authorized to approve for pay- 
 ment not to exceed fifty per cent (50%) of 
 the clear proceeds of any fine collected in an 
 action brought for a violation of any of the 
 provisions of sections 4405a to 4406 of the 
 statutes relating to setting, failure to put out 
 or care of fires, where the evidence to secure 
 a conviction is furnished by a town fire war- 
 den, an assistant town fire warden, or any 
 other person. 
 
 (3) , No payment shall be made to any 
 claimant under this, section until he shall 
 9 
 
havo presauted an itemized account and made 
 oath or aflBrmation that said account is Just 
 and correct, which account shall be audited 
 and approved by the town board. The town 
 board shall thereupon direct the town clerk 
 to issue a warrant upon the town treasurer 
 for the sum to which such claimant is enti- 
 tled, and the town treasurer shall pay the 
 same. 
 
 (4) Expense borne by road districts of 
 Towns. The expense of preventing or ex- 
 tinguishing forest, marsh, swamp or other 
 running fires by the town or assistant town 
 fire wardens, and by those called upon by 
 either of said fire wardens to assist them, 
 shall be borne by the road district or dis- 
 tricts within which the expense was incurred, 
 and the superintendent of highways of each 
 road district, or if there is no such road 
 superintendent then the town board, may 
 levy and assess a tax for defraying such ex- 
 pense. Such tax shall be collected in the 
 same manner as other taxes, and such tax 
 when so collected shall be paid into the town 
 treasury from which such expense is paid. 
 
 PajTiient of Fire Wardens Appointed by 
 the Commission. (Section 26.14) (1) Each 
 fire warden appointed by the Commission to 
 act in case of emergency, shall receive for 
 his actual services rendered, three dollars and 
 fifty cents ($3.50) per day, one-half of which 
 shall be paid by the county where such serv- 
 ice is performed, and one-half by the state; 
 and any employee engaged by the commis- 
 sion or by any fire warden appointed by the 
 commission to assist in preventing or sup- 
 pressing forest, swamp, marsh or other run- 
 10 
 
niug fires shall receive tor such services not 
 more than thirty-five cents (35c) per hour, 
 and said expense shall also be paid, one-half 
 by the county where such service is per- 
 formed, and one-half by the state. 
 
 (2) The fire wardens appointed by the 
 commission shall prepare itemized accounts 
 for their own services and the services of their 
 assistants, and no such account shall be paid 
 until it has been approved by the commis- 
 sion. The secretary of state shall not is- 
 sue warrants for more than ten thousand 
 dollars ($10,000.00) for fighting forest fires 
 in any one county in any one year, and one- 
 half the amount paid by the state shall be 
 refunded to the state by the county, in which 
 the fires were fought. In case the work of 
 fighting fires covers a portion of two or more 
 counties, the amount to be paid by each 
 county shall be decided by the commission. 
 
 (3) As soon as any account has been paid 
 by the state treasurer, the commission shall 
 send to the proper county treasurer a bill 
 for the county's share of the expenses and a 
 copy of the bill shall be filed with the secre- 
 tary of state. The county shall have sixty 
 (60) days within which to pay such bill, but 
 if not paid within that time, the county 
 shall be liable for interest at the rate of six 
 per centum (6%) per annum. If said sixty 
 days shall have elapsed without payment be- 
 fore the time provided by law for the sec- 
 retary of state to certify to the counties the 
 lavy for state taxes, he shall include an 
 amount sufficient to pay such bill as a part of 
 the levy against the county for state taxes. 
 11 
 
Liability of Town Fire Wardens and Cit. 
 Lzens^ Section (26.15) Any fire warden who 
 shall refuse to carry out the provisions of 
 section 26.13 or any able-bodied citizen who 
 shall refuse to render assistance as provided 
 by said section, shall be punished by a fine of 
 not less than ten ($10) or more than fifty 
 ($50) dollars, or by imprisonment in the 
 county jail for not less than ten (10) or 
 more than thirty (30) days, or by both such 
 fine and imprisonment. 
 
 Posting Fire Warning Notices. Section 
 (2 6.16) Each town fire warden and assistant 
 town fire warden shall post or cause to be 
 posted conspicuously in those parts of his 
 town or district where fires are likely to oc- 
 cur, all notices furnished him for that pur- 
 pose by the commission. 
 
 Reports by Fire Wardens.. Section (26.17) 
 Every assistant town fire warden, immedi- 
 ately after each fire within his district shall 
 forward to the commission and to the town 
 fire warden a detailed report of said fire. 
 The town fire warden shall report to the 
 commission, annually, oh or before the first 
 day of December, a suthmary of all forest 
 fires within their towns or districts during 
 the year and such other matters as the com- 
 mission may direct. 
 
 Note. — The words * 'assistant town fire war- 
 den" mean the ROAD SUPERINTENDENT. 
 The words "town fire \yarden" mean the 
 TOWN CHAIRMAN. The word "commis- 
 sion*' means the Stiat;© Ooiiservation Ooininis- 
 sion. 
 
 12 
 
District Attorneys to Prosecute. Section 
 (26.18) Whenever an arrest shall have been 
 made for any violation oif any provision of 
 this chapter, or whenever any information 
 of such Violation shall have been lodged 
 with him, it shall be the duty of the district 
 attorney of the county in which the criminal 
 act was committed to prosecute the offender 
 or offenders. If any district attorney should 
 fail to comply with the provisions of this 
 section he shall be guilty of a misdemeanor 
 and upon conviction shall be fined not less 
 than $100 nor more than $1,000, or be im- 
 prisoned not less than 30 days nor more 
 than one year, or both in the discretion of 
 the court. The penalties of this section shall 
 apply to any magistrate, with proper author- 
 ity, who refuses or neglects without cause 
 to' issue a warrant for the arrest and pros- 
 ecution of any person or persons when com- 
 plaint, under oath, of violation of any terms 
 of this chapter has been lodged with him. 
 
 LAWS REIiATING TO SETTING OF FIRES. 
 
 Destruction of W^aming Notices. Section 
 (26,19) Any person who shall maliciously or 
 wilfully destroy, deface, remove or disfigure 
 any sign, poster or warning notice posted 
 under the provisions of this chapter shall 
 be guilty of a misdemeanor and punishable 
 upon conviction by a fine of not less than 
 $15 nor moi*e than $100, or by imprisonment 
 in the county jail for a period of not less 
 t^an ten days nor mcire than three months, or 
 by both such fine and imprisonment. 
 13 
 
Town Boards Cau Forbid Setting of Fires. 
 
 Section (4405a) (1) Whenever the town 
 board of any town deems it imprudent to set 
 fires upon any land within the town or district 
 they shall post or cause to be posted notices 
 in five public places in each township in such 
 town or district forbidding the setting of fires 
 therein, and after the posting of such notices 
 no person shall set any fire upon any land in 
 said town or district, except for warming the 
 person or cooking food, until written per- 
 mission has been received from one of the 
 fire wardens of said town. 
 
 (2) Canip Fires Must Be Extinguished. 
 
 All persons who start camp fires upon any 
 land in this state shall exercise all necessary 
 precautions to prevent damage therefrom, and 
 shall entirely extinguish the same before 
 leaving them. Every person violating any 
 provision of this section shall be punished 
 by a fine of not less than ten nor more than 
 fifty dollars, or by imprisonment in the county 
 jail not more than six months for each of- 
 fense. 
 
 liiability of Pei-sons who Build Fires. Sec- 
 tion (4406) Any person who shall build a 
 fire on any lands in this state not his own or 
 under his control, except as hereinafter pro- 
 vided, shall before leaving the same, totally 
 extinguish it, and upon failure to do so shall 
 be punished by a fine not exceeding $100 or 
 by imprisonment in the county jail not ex- 
 ceeding one month, or by both such fine and 
 imprisonment. Any person who shall neg- 
 ligently or wilfully set fire to or assist an t 
 other to set fire on any land, whereby such I 
 14 
 
land is injured or endangered or sliall wil< 
 fully or negligently suffer any fire upon his 
 own land to escape beyond the limits thereof, 
 to the injury of the land of another, shall be 
 punished as hereinbefore provided, and be 
 liable to the person injured for all damage 
 that may be caused by the fire. 
 
 LAWS RELATING TO RAILROADS. 
 
 Liability of Railways for Damages Caused 
 by Fii-e. Section (1816a) (1) Each railroad 
 corporation owning or operating a railroad in 
 this state, shall be responsible in damages 
 to every person and corporation whose prop- 
 erty may be injured or destroyed by fire 
 communicated directly or indirectly by loco- 
 motive engines, in use upon the railroad 
 owned or operated by such railroad corpor- 
 ation, or by the burning of grass, weeds or 
 rubbish on the right of way by employes of 
 such corporation, and each such railroad cor- 
 poration shall have an insurable interest in 
 the property upon the route of the railroad 
 owned or operated by it, and may procure 
 insurance thereon in its own behalf for its 
 protection against such damages. 
 
 (2) Whenever the property owned by 
 any person or corporation shall be injured or 
 destroyed by fire communicated by locomo- 
 tives in use upon any railroad owned or op- 
 erated by a railroad corporation, or by the 
 burning of grass, weeds and rubbish on the 
 right of way by employes of such corporation, 
 so as to render the railroad corporation liable, 
 under subsection 1 of this section, or other- 
 wise, the owner of such property injured or 
 destroyed may recover damages for such loss, 
 15 
 
and' to recover the same it shall only be 
 necessary for him to prove the loss of or 
 ihjury to his property, and that the fire orig- 
 inated in the manner hereinbefore stated. 
 If such corporation fails or neglects to pay 
 such damage within sixty days after notice 
 in writing that a loss or injury has occurred, 
 accompanied by an affidavit thereof, served 
 upon any officer or station or ticket agent 
 employed by such corporation in the county 
 where such loss or injury occurred, such 
 owner shall be entitled to recover from the 
 corporation double the amount of damages 
 actually sustained by him in any court of 
 competent jurisdiction. If such company 
 shall, within sixty days, offer in writing to 
 pay a fixed sum, being the full amount of the 
 damages sustained, and the owner shall re- 
 fuse to accept the same, then in any action 
 thereafter brought for such damages, when 
 such owner recovers a less sum as, damages 
 than the amount so offered, then such owner 
 shall recover only his damages, and the rail- 
 way company shall recover its costs. 
 
 Spai'k Ai'resters on Engines, Boilers and 
 Logging, Liocomotives. Section (26.20) (1) 
 Between March 1 and November 1 it shall be 
 unlawful for any logging locomotive, don- 
 key, traction' or portable engine, and all 
 other engines, boilers, and locomotives, except 
 railway locomotives operated in, through, or 
 near forest, brush, or grass land, which do 
 not burn oil as fuel, to be operated without a 
 screen or wire netting on top of the smoke- 
 stack and so constructed as to give the most 
 practicable protection- against the escape of 
 sparks and cinders from the smokestacks 
 16 
 
thereof, and each such engine shall be pro- 
 vided with the most practicable devices to 
 prevent the escape of fire from ash-pans and 
 fire boxes. The term logging locomotive as 
 used in this act shall be construed to mean 
 any locomotive operated on a railroad branch, 
 line, or division, the chief or main business 
 of which is the transportation of logs, lum- 
 ber, or other forest products. 
 
 (3) Spark Arresters on liocomotives other 
 than Logging Loconiotives. All locomotives 
 operated on any railroad other than a logging 
 railroad shall be equipped with the most prac- 
 ticable spark arresters so constructed as to 
 give the greatest possible protection against 
 the escape of sparks and cinders from the 
 smokestacks thereof, and each such engine 
 shall be provided with the most practicable 
 device to prevent the escape of live coals from 
 ash pans and fire boxes, and said devices be- 
 tween March 1 and November 1 shall at all 
 times be maintained in good repair. It shall 
 be the duty of the superintendent of motive 
 power or equivalent officer of each such rail- 
 road to designate an employe of such rail- 
 road at each division point and round house 
 who shall examine each locomotive each time 
 it leaves the division point or round house 
 between March 1 and November 1, and such 
 employe shall be held responsible for the 
 proper carrying out of the provisions of this 
 section, but without relieving the cornpany 
 from its responsibility hereunder. 
 
 (3) Locomotive Inspector: Powers. Any 
 
 locomotive inspector designated by the com- 
 mission shall have the power to reject from 
 service immediately any locomotive, donkey 
 
 17' 
 
traction, or portable engine, whicli, in the 
 opinion of the said inspector, is deficient in 
 adequate design, construction, or maintenance 
 of the fire protective devices designated in 
 subsections (1) and (2) of this section, and 
 any such locomotive, donkey, traction or por- 
 table engine so rejected from service shall not 
 be returned to service until such defects have 
 been remedied to the satisfaction of said lo- 
 comotive inspector. In case of disagreement 
 between said inspector and the owner of the 
 locomotive, donkey, traction, or portable en- 
 gine so rejected from service as to the effi- 
 ciency or proper maintenance of said protec- 
 tive devices, then the owner of said locomo- 
 tive, donkey, traction, or portable engine may , 
 appeal to the railroad commission of Wiscon- 
 sin for a decision of said matter, but pending : 
 such decision the said locomotive, donkey, 
 traction, or portable engine shall not be re-; 
 turned to service. 
 
 (4) Cleaning Railway Rights of Way. 
 
 Every corporation maintaining and operating j 
 a railway shall, at least once in each year,' 
 cut and burn or remove from its right of 
 way all grass and weeds and burn or remove 
 therefrom all brush, logs, refuse material, and 
 debris within a reasonable time, and when- 
 ever fires are set for such purpose, shall take 
 proper care to prevent the escape thereof 
 from the right of way. 
 
 (5) Depositing Fire or Ashes on Tracks. 
 
 No such corporation shall permit its employes 
 to deposit fire, live coals, or ashes upon their 
 tracks uutside the yard limits, except they 
 be immediately extinguished. 
 18 
 
(6) Reporting Fires on Rights of Way. 
 
 Engineers, conductors, or trainmen who dis- 
 cover that fences or other material along the 
 right of way or on lands adjacent to the 
 railroad are burning or in danger from fire, 
 shall report the same to the agent or person 
 in charge at their next stopping place at 
 which there shall be a telegraph station. 
 Corporations maintaining and operating 
 railways shall give particular instructions to 
 their section employes for the prevention and 
 prompt extinguishment of fires, cause notices, 
 which shall be furnished by the state forester, 
 to be posted at their stations, and when a 
 fire occurs along the line of their road, or 
 on lands adjacent thereto, for which fire they 
 are responsible, they shall concentrate such 
 help and adopt such measures as shall most 
 effectually arrest its progress. 
 
 (7) Fii'e Patrol. All such corporations 
 during a dangerously dry season, and when 
 so directed by the commission, shall provide 
 fire patrols for duty along their tracks. 
 Whenever said commission shall deem it nec- 
 essary it may order such corporations to 
 provide for patrolmen to follow each train 
 throughout such districts as may be neces- 
 sary to prevent fires. When said commission 
 has given a corporation such notice that in 
 its opinion the conditions require such patrol 
 after trains, the corporation shall immedi- 
 ately comply with such instructions through- 
 out the districts designated; or on its failure 
 to do so, said commission may employ pa- 
 trolmen, and furnish them with the necessary 
 equipment to patrol the rights of way of 
 such corporations, and the expense of the 
 
 19 
 
same shall be charged to the corporation and 
 the samje may be recoverable in a civil ac- 
 tion in the name of the state of IVisconsin, 
 and in addition thereto, the said corporation 
 shall be deemed guilty of a misdemeanor. It 
 is also made the duty of such corporation, 
 acting independently of such commission, to 
 patrol its rights of way after the passage of 
 each train when necessary to prevent the 
 spread of fires and to use the highest degrees 
 of diligence to prevent the setting and spread 
 of' fires, and it is also made the duty of its 
 officers and employes operating trains in this 
 state, to use diligence in the extinguishment 
 of fires set by locomotives or found existing 
 upon their respective rights of way, and any 
 negligence in this regard shall render such 
 corporation or any officer or employe thereof 
 guilty of a misdemeanor. 
 
 (8) Inspection and Entry. The com- 
 mission is authorized to inspect or cause to 
 be inspected any locomotive, donkey, or 
 threshing engine, railway locomotive, and all 
 other engines, boilers, and locomotives op- 
 erated in, through or near forest, brush, or 
 grass land, and to enter upon any property for 
 guch purpose, or where they may deem it 
 necessary in order to see, that all the pro- 
 visions of this act are duly complied with. 
 
 (9) Penalty. Any corporation by its offi- 
 cers, agents, or employes, wilfully violating 
 the provisions of this section, shall be liable 
 to a penalty of not less than $50 nor more 
 than $500 for each and, every such violation, 
 to be collected in a civil action in the name 
 of the state. 
 
 20 
 
(10) Appeal to Railroad CJommission. 
 
 In case the commission and any corporation 
 or individual operating any locomotive, don- 
 key, or threshing engine, or any engine, 
 boiler, or locomotive cannot agree as to the 
 most practical device or devices for prevent- 
 ing the escape of sparks, cinders, or fire from 
 smokestacks, ash pans or fire boxes, then 
 the same shall be determined by the rail- 
 road commission of Wisconsin. 
 
 (11) Exemption. The commission shall 
 have the power to exempt from the provisions 
 of subsections (1), (2), (3), and (4) of this 
 section any railroad, when, in its judgment 
 conditions along the right of way are such 
 that the reduced hazard renders such pro- 
 tective devices unnecessary. 
 
 Penalty. Section (4406a) Any person 
 wilfully failing to comply with any of the re- 
 quirements of section 26.20 shall be deemed 
 guilty of a misdemeanor and shall be pun- 
 ished, upon conviction, by a fine of not less 
 than $50 nor more than $500, or by im- 
 prisonment in the county jail not exceeding 
 one year, or by both such fine and imprison- 
 ment. 
 
 Liability of Railways for Damages caused 
 by Fire. (Section 26.21) In addition to the 
 penalties provided in the preceding section 
 2 6.20, the United States, the state, the county 
 or private owners, whose property is injured 
 or destroyed by such fires, may recover, in 
 a civil action, double the amount of damages 
 suffered, if the fires occurred through wil- 
 fulness, malice or negligence. Persons or 
 corporations causing fires In violation of this 
 21 
 
chapter shall be liable to the state in an 
 action for debt, to the full amount of all 
 damages done to state lands and for all ex- 
 penses incurred by the towns fighting said 
 fires. 
 
 PREAOH FOREST PROTECTION 
 PRACTICE IT, TOO 
 
 22 
 
If you see a small fire 
 PUT IT OUT 
 
 If you see a large fire notify the nearest 
 town Chairman or highway SupeHntendent 
 and spread the report. 
 
 23 
 
LIBRftRY OF CONGRESS 
 
 LETS SI 
 
 000 897 552 8 % 
 THE 
 
 FOREST FIRES 
 
 They destroy the recreation grounds 
 and game. 
 
 Lighted matches, cigar and cigarette 
 stubs are dangerous 
 
 Put Out Your Camp Fires 
 Before Leaving 
 
LIBRARY OF CONGRESS 
 
 0DD0fiT755Ea