A5 11 /Uvfeu^o^ An^^t^ StoJcutU lit r StcJj. ^?u4' f^^T^^^ci Knou^ 'iciYNiL ''^W. STATE FOREST LAND LAWS ENACTED Sessions 1909 and 1911 CHAPTER 147-1909 CHAPTER 119-1911 PublisHed by Montana State Forestry Boa^rd D. Of D. APR 6 1916 \ CHAPTERS 147 and n 9 Montana Session Laws J 909 and Amend- ments by Legislative Assembly of the State of Montana^ 1911 An Act providing for the Management and Control of the Forest Lands now owned by or hereafter to be acquired by the State of Montana, including the Sale thereof, and the Management, Protection, and Disposition of the Timber Growing thereon; Naming and Providing for Certain Offi- cers subordinate to the State Board of Land Commissioners and prescribing their Duties and Compensation; and Defin- ing and Providing for the punishment of Certain Offenses for Violating the Provisions of this Act. State Forestry, Section IX. The Governor, by and with the advice and con- sent of the Senate, shall appoint a state forester, who shall be skilled in the science of forestry, whose salary shall be twenty- five hundred (2500) dollars per annum, and actual necessary expense while eng-aged in outside work, connected with his oflfice, and whose term of offiice shall be four years, or until his .successor shall be appointed and qualified, and he shall give a bond to the state in the sum of ten thousand (10,000) dollars, to be approved by the board and filed with the Secretary of State; and he shall be a civil executive officer. Duties of State Forester. Section X. The State Forester shall, under the direction and control of the State Board of Land Commissioners, do all the field work in the selection, location, examination, ap- praisement, and re-appraisement of state timber lands, whether now belonging- to' the state or hereafter granted to the state ; he shall do all acts rcfjuired of him to be performed l)y the said board, and under the direction of said board shall have general charge of the timber lands of the state. He shall act as secretary of the Forestry Board. He shall, under the super- vision of the State Board of Land Commissioners, execute all matters pertaining to forestry within the jurisdiction of the state; have charge of all rire wardens of the state, and direct and aid them in their duties ; direct the protection and improvement of state parks and forests; take such action as is authorized by law to prevent and extenguish forest, l)rush, and grass fires ; enforce the laws pertaining to forest and brush- covered lands, and prosecute fi'r any violation of such laws. He shall deliver a course of at least six lectures on practical forestry to the students attending the State University, the State Agricultural College, and the State Xormal School, dur- ing each school year. He shall prepare annually a report to the Governor on the progress and condition of the state forest work, and recommend therein plans for imjiroving the state system of forest protection, management and replacement. He shall furnisli notices, ])rinted in large letters on cloth, calling- attention to the danger from forest fires, and to the forest fire and trespass laws and their penalties. Such notices shall be posted Iw the hre warden in conspicuous places in the several counties of the state, and particularly in brush and forest cov- ered country, at frequent intervals along streams and lakes frequented by tourists, hunters, and fishermen, at established camping sites, and in every postoffiice in the forested region. Fire Wardens. Section XI. The state forester shall appoint in such num- ber and localities as he deems wise, public spirited citizens io act as volunteer fire wardens. Every sheriii", under sheriff, deputy sheriff, game warden and deputy game warden, shall be ex-officio a fire warden, but shall not receive any additicnal compensation by reason of the duties hereby imposed, and they shall be deemed paid fire wardens under the terms of this act. The supervisors and rangers of the federal forest re- serves within this state, whenever they formally accept tlie duties and responsibilties of fire wardens, may be appointed volunteer fire wardens, and shall have all the powers given to fire wardens by this act. The fire wardens shall promptly report all fires to the state board of forestry, take immediate and active steps to-ward their extinguishment ; report any violation of forest laws; and assist in apprehending and con- victing the oft'enders. Powers of Fire Wardens. Section XIT. The state forester, and all fire wardens, shall have the power of peace officers to make arrests without war- rants for violations, in their ]:)resence. of any state or federal forest laws, and no fire warden shall be liable for civil action for trespass committed in the dicharge of their duties. Any fire warden who has information which shows, with reasonable certainty, that anv per.son has violated any provision of such forest laws shall immediately take action against the oft"ender by making comj^laint before the proper magistrate, or by infor- mation to the proper county attorney, and shall obtain all pos- sible evidence ])ertaining thereto. Failure on the part of any paid fire warden to comply with the duties prescribed in this act, shall be a misdemeanor, and punishaljle by a fine of not less than twenty dollars, nor more than one thousand dollars, or im- prisonment in the county jail for not less than ten days nor more than twelve months, or by both sivch fine and imprisonment; and upon his conviction the district court wherein he is con- victed shall forthwith declare his office vacant, and notify the proper appointing" pcnver thereof. Additional Powers of Fire Wardens. Section XIII. All fire wardens shall have authority to call upon any able bodied citizen l)et\veen the ages of eighteen and fifty years, resident in the vicinity, for assitance in put- ting out fires ; and any such person who refuse to obey such summons, except for g'ood and sufiicient reason, is guilty of a misdemeanor, and upon conviction, shall be fined in the sum of not less than fifteen nor more than fifty dollars, or imprison- ment in the county jail not less than one nor more than thirty days, or both- such fine and imprisonment ; provided, that no citizen shall be called upon to fight fire a total of more than five days in one year. Duties of Fire Wardens. Section XIV. The state forester, assistant forester, and all fire wardens (except volunteer w^ardens), tmder such rules and regulations as the state board of land commissioners may pro- vide, shall protect the timber of the state, and especially the timber owned by the state, from destruction by fire, and for such purpose, in emergencies, may employ men and incur other expenses, when necessary; provided, that no fire warden shall incur any expense in excess of fifty dollars, without express atithority of the state board of land commissioners. Expenses of State Forester, Section XV. That the actual expenses and expendittires of the state forester, asistant forester and fire wardens necessarily incurred under this act. shall be paid in the same manner as are other expenses incurred in managing the state lands. Penalty for destroying Notices, Section XV^I. Any person who shall destroy, deface, remove or disfigure any sign, post or warning notice posted under the provisions of this act shall he guilty of a misdemeanor, and punishable upon conviction, bv a fine of not less than fifteen dol- lars and not more than two hundred and fifty dollars, or im- prisonment in the county jail for a period of not less than teti — 6— days nor more than three months, or l^y hoth such fine and imprisonment. Prosecutions. Section XV'IT. \A'hene\-er an arrest sliall be made for any x'iohition of the ])rovisions of this act. or whenever anv informa- tion of such violations shall Ite lodp,cd with him, the county attorney of the county in which this act was committed must prosecute the otfender or offenders if in his jud^'ment the facts warrant the same. If any county attorney shall fail to comply Avitli the provisions of this section he shall be q-uiltv of a mis- demeanor, and upon conxiction, shall be fined not less than one hundred dollars nor more than one thousand dollars; and, upon his conviction, the district court wherein he is convicted shall forthwith declare his oftice vacant, and notifv the ]M-oper ap- l^ointing- ])ower thereof. Actions ag-ainst the countA'^ attorney shall be brouoht b}' the attorney g"eneral in the name of the stale. The ])enalties of this section shall also applv to any magistrate, with ])roper authority who refuses or neglects to cause the arrest and ])rosecntion of any ])erson or persons, when a complaint under oath i^f a \iolation of :un' of the i)ro\'isions of this act has l)een Iridgcd with him. Forestry Board. .Section XX. The register of slate lands, together with the state land agent and the state forester, sliall constitute a for- estry board, of which the register of state lands shall l)e chair- n.ian. A m.'ijorit}' of said l)oar(l shall constitute a quorum for the transaction of business. Duties of Forestry Board. Section XXT. Tt shall be the dutv <)f the Forestry Board to ascertain the methods of reforesting the denuded forest lands ol the state to pre\ent forestry waste, and the destruction of f(_)rests b}- fire, to manage the forests of the state on forestry ])rinci])les, to enconrage i)ri\ate owners in preserx'ing and grow- ing timber, and to conserve forest tracts arc^und the head wa- ters and on the water sheds of the water courses of the state; it shall make rej^orts i vf iis doings and recommendations to each session of the legislature, and, froni time to time, with approxal of ihe state board of land commissioners, ]:)ublish, for popular dislributioii, such r>f its conclusi()ns and recommen^- dations as may be ol public interest and concern. The state board of forestry may re-forest the water sheds of the state and expend such sums of money therefor as may be appropriated for that purpose by the le'gislatixe assembly. Assistant Forester. Section XXV. The state board of land commissioners is hereby authorized to appoint one assitant forester, with like qualification as the state forester, at such time or times as ma}^ be deemed necessary, to assist the state forester in any of the duties of his ofiice ; and he sh;ill draw pay only when actually engaged in the performance of such work, and shall hold office at the pleasure of the board, and his ])ay shall be not to exceed one hundred and fifty (150) dollars per month, together with actual necessary expenses while eng"a.g"ed in outside work con- nected with the office. He shall give such bond for the faithful performance of his duties as the state board of land' commis- sioners may require. Records of Timber. Section XXVII. 1'he slate board of land commissioners shall cause to be ke[)t accurate records showing the location, extent and character of all forest lands, and the kind and char- acter of timber growing' thereon and also an account of all timl)er sold, the person or persons to whom sold, the amount of money received therefor, and the (lis]>osition of tlie moneys so received. Confirmation of Sales, Section XL. All sales of state lands and all sales of timber on state lands, shall be subject to the api)roval and confirmation by the state board of land commissioners, and no sale shall be deemed completed until after such approval and confirmation. Section LIII. The State r)Oard of Land Commissioners shall have power to sell timber on state lands at such price per thousand feet as in its judg'ment shall be for the best in- terest of the state, but not otherwdse ; but no such sale of live tinil)er shall be made at a less price than three dollars per thousand feet. But no live timber less than eight inches in diameter, twent}- feet from the g-round. shall be sold or per- mitted to be cut from state lands. All timber sold or cut from state lands shall be cut and removed under such rules and reg- ulations for tlic preservation of standini^- timber, and the pre- vention of lires, as the State lioard of Land Commissioners shall prescribe; in all cases the board rnnst reqnire the person cutting the timber to pile the brush and slashings and dispose of the same in such manner as tO' prevent forest tires. Before any permit shall be granted, the timber shall be estimated and appraised under the direction of the state forester, upon the request, and subject to the approval of the State Board ol Land Commissioners, which estimates and appraisal shall show as nearly as ma}' be the amount and value per thousand feet of all tnnber me;isuring not less than eight inches in diameter, twenty feet from the ground, and also all other timber measuring below this standard on each tract or lot, together with a statement of the situation of the timber rela- tive to risk from tires or damage of any kind, its distance from the nearest lake, stream, or railroad, and its value and posi- tion as a protection to a water shed." Section LIV. No permit for cutting live timber shall be granted except to the highest bidder at a public sale held at the State Capitol, notice of which sale shall be published as provided b}' law, for the sale of state lands, but no sale shall be made at a less price than the appraised value of the timljer as fixed by the State Board of Land Commissioners ; and no timber shall be sold after the pasage of this act until the same has been re-appraised and estimated since March 19, 1909. Every person purchasing timber at such sale, before tlie ex- ecution of the permit to cut the same, sliall execute a bond to the State of Montana, in double the amount of the estimated value of the timber permitted to be cut, with sufficient sure- ties, to be approved l)y the board, conditioned upon the pay- ment to the State Treasurer of the amount that may be found due under the terms of such permit, and according to the pro- visions of law, and further conditioned upon the cutting of su'ch timber in C(:)mi)liance with such rules and reguUitions as may be presribed by the State B(3ard of I>and Commissioners Section LV. All permits to cut live timber under the pro- visions of this Act, shall be made according to a form pre- scribed by the Attorney General, and shall be siii^iied by the party applynig for the same and by the president and secre- tary of the State Board of Land Commissioners. Said permits shall contain a dcscri])tion of the land to be — ^- cut upon, the estimated amount of timber upon the same, the amount of large timber, required to be left standing, the time within which said timber shall be removed, the price per thousand feet, or the entire value of the timber, if the right'to clear the land lias been sold, for which the same was bid in, the stipulated log mark, and such other terms and conditions as may be necessary to make all logs cut under its provisions the absolute property of the state, until the same are paid for. Such permits, when properly executed, shall be recorded in the offiiee of the register of the State Board of Land Com- missioners, and the log mark described therein shall vest the ownership of all logs bearing the same in the State. Provided, however, that the State Board of Land Commissioners may authorize the State Forester to issue permits without notice to citizens of Montana to cut and take away dead standing timber under such rules and regulations as to price and quality as may be prescribed by the board, and provided further that the State' forester shall issue permits without notice to citi- zens of Montana to cut and take away down timber, with- out price, under such rules and regulations sa may be pre- scribed by the board. Section LVL The State Forester shall select and designate a log mark for each person granted a permit to cut logs upon state lands, which log mark, when so selected and designated, shall be filed in the office of the register of state lands, and shall be distinctly dift'erent from any other log mark selected and designated by him. The State Forester shall cause all logs so cut to be scaled, and make a detailed report of the same, to the State Board of Land Commissioners on or before the first day of every month, showing the name of the party cutting, the description of the land cut upon, the number of logs cut and marked, the mark placed thereon, the total num- ber of feet, and the value thereof per thousand, as shown by the records of this office, stating whether such cutting has been according to the terms of the permit, and, if not prop- erly cut, the consequent damage to the state; and such timber, or logs, shall not be sold, transferred or manufactured into lumber until the amovmt due the state, according to the re- port of said forester, shall have been paid in full ; and it shall be the duty of the state forester to report to the State Board of Land Commissioners all trespass which has been, or which liereafter be made upon the state timl^er lands, and all logs cut by trespassers shall be disposed of as hereinafter provided. Section LVII. Upon receipt of such report from the State Forester, the Register of State Lands shall draw a draft for the amount upon the party from whom the stumpage is due. If said party shall immediately make payment of the required amount, the Register shall execute a release of the logs, and transfer of the mark tliereon; but in no case shall such release or transfer be made until the lien of the state has been fully satisfied. If such purchaser shall not pay the amount of such draft within ten days after receipt of same, it shall be the duty of the State Board of Land Conunissioners to take posses- sion of the logs in question, and sell tlie same at public auction to satisfy the claim of the State, paying the overplus, if any, after defra_\ ing the cost and expenses of such sale to the party entitled thereto, provided, that if the proceeds of such sale are insufficient to ]iay the amount due upon the purchase price, together witli the costs and expenses of the sale the amount of such deficiency shall lie certified to the Attorney General by the State Board of Land Commissioners and he shall imme- diately proceed to collect such deficiency from the purchaser or his l)ondsman ; and, pro\ ided, that in lieu of taking possession ol the logs upon which stumpage is due, the State Board of Land Commissioners may turn the account oyer to the At- toi-ney < leneral, wlio sliall immediately proceed to collect the same upon the liond liercinliefore ]iro\-ided for: but in no case shall the logs be released until the account is paid. The pro- ceedings up'')n the l^ond shall not prevent the State Board of Land Coninussioners from seizing tlie logs at anv time before the claim oi" the State is satisfied. Penalty for false marks on Timber. Section lA'lll. If any ])erson, or any officer or employee of a c