In Switzerland, after many laws like our own had been found wanting, the Swiss forest school was established in 1865, and soon after the Federal Forest Law was enacted, which is binding over nearly two thirds of the country. Under its provisions, the cantons must appoint and pay the number of suitably educated foresters required for the fulfillment of the forest law; and in the organization of a normally stocked forest, the object of first importance must be the cutting each year of an amount of timber equal to the total annual increase, and no more.
The Russian government passed a law in 1888, declaring that clearing is forbidden in protection forests, and is allowed in others "only when its effects will not be to disturb the suitable relations which should exist between forest and agricultural lands."
Even Japan is ahead of us in the management of her forests. They cover an area of about 29,000,000 acres. The feudal lords valued the woodlands, and enacted vigorous protective laws; and when, in the latest civil war, the Mikado government destroyed the feudal system, it declared the forests that had belonged to the feudal lords to be the property of the state, promulgated a forest law binding on the whole kingdom, and founded a school of forestry in Tokio. The forest service does not rest satisfied with the present proportion of woodland, but looks to planting the best forest trees it can find in any country, if likely to be useful and to thrive in Japan.
In India systematic forest management was begun about forty years ago, under difficulties—presented by the character of the country, the prevalence of running fires, opposition from lumbermen, settlers, etc.—not unlike those which confront us now. Of the total area of government forests, perhaps 70,000,000 acres, 55,000,000 acres have been brought under the control of the forestry department,—a larger area than that of all our national parks and reservations. The chief aims of the administration are effective protection of the forests from fire, an efficient system of regeneration, and cheap transportation of the forest products; the results so far have been most beneficial and encouraging.
It seems, therefore, that almost every civilized nation can give us a lesson on the management and care of forests. So far our government has done nothing effective with its forests, though the best in the world, but is like a rich and foolish spendthrift who has inherited a magnificent estate in perfect order, and then has left his rich fields and meadows, forests and parks, to be sold and plundered and wasted at will, depending on their inexhaustible abundance. Now it is plain that the forests are not inexhaustible, and that quick measures must be taken if ruin is to be avoided. Year by year the remnant is growing smaller before the axe and fire, while the laws in existence provide neither for the protection of the timber from destruction nor for its use where it is most needed.
As is shown by Mr. E. A. Bowers, formerly Inspector of the Public Land Service, the foundation of our protective policy, which has never protected, is an act passed March 1, 1817, which authorized the Secretary of the Navy to reserve lands producing live-oak and cedar, for the sole purpose of supplying timber for the navy of the United States. An extension of this law by the passage of the act of March 2, 1831, provided that if any person should cut live-oak or red cedar trees or other timber from the lands of the United States for any other purpose than the construction of the navy, such person should pay a fine not less than triple the value of the timber cut, and be imprisoned for a period not exceeding twelve months. Upon this old law, as Mr. Bowers points out, having the construction of a wooden navy in view, the United States government has to-day chiefly to rely in protecting its timber throughout the arid regions of the West, where none of the naval timber which the law had in mind is to be found.
By the act of June 3, 1878, timber can be taken from public lands not subject to entry under any existing laws except for minerals, by bona fide residents of the Rocky Mountain States and Territories and the Dakotas. Under the timber and stone act, of the same date, land in the Pacific States and Nevada, valuable mainly for timber, and unfit for cultivation if the timber is removed, can be purchased for two dollars and a half an acre, under certain restrictions. By the act of March 3, 1875, all land-grant and right-of-way railroads are authorized to take timber from the public lands adjacent to their lines for construction purposes; and they have taken it with a vengeance, destroying a hundred times more than they have used, mostly by allowing fires to run into the woods. The settlement laws, under which a settler may enter lands valuable for timber as well as for agriculture, furnish another means of obtaining title to public timber.
With the exception of the timber culture act, under which, in consideration of planting a few acres of seedlings, settlers on the treeless plains got 160 acres each, the above is the only legislation aiming to protect and promote the planting of forests. In no other way than under some one of these laws can a citizen of the United States make any use of the public forests. To show the results of the timber-planting act, it need only be stated that of the 38,000,000 acres entered under it, less than 1,000,000 acres have been patented. This means that less than 50,000 acres have been planted with stunted, woebegone, almost hopeless sprouts of trees, while at the same time the government has allowed millions of acres of the grandest forest trees to be stolen, or destroyed, or sold for nothing. Under the act of June 3, 1878, settlers in Colorado and the Territories were allowed to cut timber for mining and agricultural purposes from mineral land, which in the practical West means both cutting and burning anywhere and everywhere, for any purpose, on any sort of public land. Thus, the prospector, the miner, and mining and railroad companies are allowed by law to take all the timber they like for their mines and roads, and the forbidden settler, if there are no mineral lands near his farm or stock-ranch, or none that he knows of, can hardly be expected to forbear taking what he needs wherever he can find it. Timber is as necessary as bread, and no scheme of management failing to recognize and properly provide for this want can possibly be maintained. In any case, it will be hard to teach the pioneers that it is wrong to steal government timber. Taking from the government is with them the same as taking from nature, and their consciences flinch no more in cutting timber from the wild forests than in drawing water from a lake or river. As for reservation and protection of forests, it seems as silly and needless to them as protection and reservation of the ocean would be; both appearing to be boundless and inexhaustible.
The special land agents employed by the General Land Office to protect the public domain from timber depredations are supposed to collect testimony to sustain prosecution, and to superintend such prosecution on behalf of the government, which is represented by the district attorneys. But timber-thieves of the Western class are seldom convicted, for the good reason that most of the jurors who try such cases are themselves as guilty as those on trial. The effect of the present confused, discriminating, and unjust system has been to place almost the whole population in opposition to the government; and as conclusive of its futility, as shown by Mr. Bowers, we need only state that during the seven years from 1881 to 1887 inclusive the value of the timber reported stolen from the government lands was $36,719,935, and the amount recovered was $478,073, while the cost of the services of special agents alone was $455,000, to which must be added the expense of the trials. Thus for nearly thirty-seven million dollars' worth of timber the government got less than nothing; and the value of that consumed by running fires during the same period, without benefit even to thieves, was probably over two hundred millions of dollars. Land commissioners and Secretaries of the Interior have repeatedly called attention to this ruinous state of affairs, and asked Congress to enact the requisite legislation for reasonable reform. But, busied with tariffs, etc., Congress has given no heed to these or other appeals, and our forests, the most valuable and the most destructible of all the natural resources of the country, are being robbed and burned more rapidly than ever. The annual appropriation for so-called "protection service" is hardly sufficient to keep twenty-five timber agents in the field, and as far as any efficient protection of timber is concerned these agents themselves might as well be timber.
That a change from robbery and ruin to a permanent rational policy is urgently needed nobody with the slightest knowledge of American forests will deny. In the East and along the northern Pacific coast, where the rainfall is abundant, comparatively few care keenly what becomes of the trees as long as fuel and lumber are not noticeably dear. But in the Rocky Mountains and California and Arizona, where the forests are inflammable, and where the fertility of the lowlands depends upon irrigation, public opinion is growing stronger every year in favor of permanent protection by the federal government of all the forests that cover the sources of the streams. Even lumbermen in these regions, long accustomed to steal, are now willing and anxious to buy lumber for their mills under cover of law: some possibly from a late second growth of honesty, but most, especially the small mill-owners, simply because it no longer pays to steal where all may not only steal, but also destroy, and in particular because it costs about as much to steal timber for one mill as for ten, and therefore the ordinary lumberman can no longer compete with the large corporations. Many of the miners find that timber is already becoming scarce and dear on the denuded hills around their mills, and they too are asking for protection of forests, at least against fire. The slow-going, un-thrifty farmers, also, are beginning to realize that when the timber is stripped from the mountains the irrigating streams dry up in summer, and are destructive in winter; that soil, scenery, and everything slips off with the trees: so of course they are coming into the ranks of tree-friends.