ALBERT R. MANN LIBRARY New York State Colleges OF Agriculture and Home Economics AT Cornell University return to albert R. MANN LIBRARY ITHACA, N. Y. Cornell University Library SD 421.L23 Railroad forest fire protection. 3 1 924 003 013 566 HAIISOAD FOREST FIRE PROTECTIOlf innOR THESIS PRESENTED FOR THE DEGREE Of MSTER IIJ FORESTRY by J* D. lemont COR^Il'ILL UHIVERSITY April - 1916. INDEX Part I Laws Relative to Railroad Forest Fires. page Damages «•#•••••*•• 1 Duties of Employees .••.... 3 Protective Devices • • • 6 Right-of-way ' 9 Fire Lines ................. 11 Patrol IS Control ........... ...... • 15 Expenses of Extinguishing 15 Fire Insurance 17 Penalties . . . •.* ...♦....♦.•.•• 19 Tabulation of Railroad Forest Fire Laws by States 22 Part II Prevention and Control of Railroad Forest Fires Spark Arresters and Ash Pans 23 Right-of-way 27 Fire Lines • • SI Patrol 34 Oil as locomotive fuel 40 Fire Fighting Equipment ........••• 46 Instructions to Railroad Employees 50 Cooperation of Railroad with State and Individual ........ 52 Bibliography ILLUSTHATIOUS page Spark Arrester ••• 6 Train on Heavy Grade •• • 6 Spark Arresters • 8 Right-of-way Clearing ^ . 10 Fire Lines ••««••••##*•••• 12 Speeder Gars • . • • 14 Right-of-way Debris • • . • 16 Right-of-way not Cleared .••.•••• 18 Spark Arrester 20 Spark Jxr ester • 24 Right-of-way Clearing *26 Right-of-way Clearing 28 Right-of-way Clearing . • 30 Fire Line t • S2 Diagram of New Jersey Fire Line 22 Speeder Car • ^^ Fire Tool Box and Equipment . • • 35 Fire Line ....••• 37 Fire Line 29 Fire line .....•••••••••••••••• ^^ Right-of-way Clearing ^^ . . . 42 Fire Line ......•• .... 45 Fire Line •.....••••••♦ Fire Fighting Equipment . . • . . • 4 . 49 Fire Fighting Equipment 51 Fire Fighting Equipment • 52 Results of Railroad Fire 54 Front End Spark Arrester !• Railroad Forest glre Protection The protection of oiir forests from fires caused by railroads forms one of the most difficult problems In for- estry. This article will deal first with the state laws relative to railroad fires and secondly with the prevention and control of railroad forest fires. Part I. Laws Relative to Railroad Forest Fires . Twenty-slx states besides the Dominion of Canada have laws In relation to railroad forest fire protection, and other states are trying to pass similar laws. A great deal of educational work must yet be done not only In those states which do not have railroad forest fire laws but also In those states which do have such laws. These laws are of little or no value unless there Is some power which Is strong enough to enforce them. Damages Railroad fires are usually a result of sparks or *lve coals escaping from locomotives. At least twelve states have statutory laws whereby a person can recover damages for forest property which has been Injured or de-- stroyed by a fire which was caused by a railroad. How- ever. In other states, damages can be obtained by common law even though there are no statutory laws. The common 2. law maxim is that- '^One must so use one's own (property) as not to injure another". Common law is a system of jurisprudence originating in custom or usage as disting- uished from statutory law which is a legislative enactment duly sanctioned and authenticated^ Connecticut has a good law whereby damages can be recovered. It reads as follows: "When property is injured by fire communicated by an engine of a railroad company^ without contributory negligence on the part of the person entitled to the care and possession of such property, such company shall be held responsible in dam- ages to the extent of such injury to the person so in- jured." In contrast to this the Oregon law allows double damages in some cases. This law says: " In addition to the penalties provided in this act, the United States, state, county, or private owners, whose property is injured or destroyed by fires in violation of this act, may recover in a civil action double the amount of damages suffered if the fires occurred through willfulness, malice, or negligence; but if such fires were caused or escaped accidentally or unavoidably, civil action shall lie only for actual damage." The Wisconsin law also allows double damages. In some ways the Nev/ York law is even more definite than those already given. It says: "Any person who negligently suffers a fire to extend from his own lands to any other lands shall be liable to the state for any damages caused to state lands by such v/rongful act. He shall also be liable to any person or municipality for actual damages caused to such person or municipality by 2. such wrongful act or to damages at the rate of one dollar for each tree so killed or destroyed. The state or a person or municipality so injured, however distant from the placie where such fire v/as set or started and notwith- standing the same may have burned over and across several separate and distinct tracts, parcels or ownerships of land, may recover as aforesaid." In many cases it is hard to prove that the railroad is responsible for fires which start on or near its right- of-way so that states are beginning to place the burden of proof on the company to show that it did not start the fire. The Hew York courts hold that a fire that starts on or spreads from the right-of-way of a railroad company is prima facie evidence of willful negligence on the part of the company. Except in a few states, the railroad is liable for damages even though it uses protective devices. Oregon and California give damages not only for the value of the property injured or destroyed but also for the injury to soil and vegetation. In Louisiana damages can be secured for injury to young growth; this damage is the cost of artificial planting and care of the trees to the age when the fire occurred. Duties of Employees. The employees of a railroad must cooperate with the company in the prevention and control of fires, rphey must be alert and do all in their power to keep down the number and size of fires. They should be made to realize 4. that the welfare of the company affects their employraent. ilany railroads have to pay thousands of dollars of dam- ages every year because of the negligence of some of its employees. At least twelve states have laws which de- fine the duties of employees of railroads. Employees must (1) do all in their power to prevent fires, (2) re- port fires as soon as discovered and (S) extinguish fires. The state or the railroad company should inflict a penalty upon the employee for neglect of duty in regard to rail- road fires. ilassachusetts has a good law concerning the duties of railroad employees. It reads: ''liny engineer, conductor or other employee on a train who discovers a fire burning uncontrolled on lands adjacent to the tracks shall forth- with cause a fire signal to be sounded from the engine, which shall consist of one long and three short whistle blasts repeated several times, and shall notify the next sectionipen whom the train passes, and the next telegraph station, of the existence and location of the fire. Sectionmen or other employees of a railroad who receive notice of the existence and location of a fire burning on land adjacent to the tracks shall forthwith proceed to the fire and shall use all reasonable efforts to extinguish it; provided, that they are not at the time employed in labors immediately necessary to the safety of the tracks or to the safety and convenience of passengers and the public. Railroad corporations shall inform their employees as to their duties under this act and shall furnish them with the appropriate facilities for reporting and extinguishing such fires." The New York law adds that "Ho ^corporation or 5. person or employee thereof shall deposit fire, coals or ashes on any railroad track or right-of-way near forest lands^\ and when a station agent has been notified of a fire, "such station agent shall forthv/ith notify the nearest fire warden or forest ranger of the fire". Minnesota, New Hampshire, liew York and Wisconsin have laws which require the railroads to employ inspectors whose duty it shall be to inspect the engines and right- of-way of the company at regular intervals and see that they are kept in order. Minnesota, i^ew York, Washington, and Wisconsin employ state inspectors who must see that engines and rights-of-way are kept in order. Protective Devices Host of the railroad forest fires are caused by the escape of sparks from the smoke stacks, and the dropping of live coals from the ash pans upon the tracks. It is, there- fore, imperative that these dangers be eliminated in one way or another. The best way, where practicable, is to use oil burners or electric power in the place of coal or wood in locomotives. If it is necessary to buim coal or wood, then the laws provide that adequate r^rotective devices must be used to prevent the escape of sparks and live coals from the engines. The Minnesota law says that "every company operating a railroad for any purpose shall equip and use upon each locomotive engine a practical and efficient ash pan and 6. Spark arresting hood used on the stacks of the locomotives on the Chicago, Milwaukee and St. Paul Hail road, -Wisconsin* Train on heQvy grade throwing out sparks. Danger of forest fires greatly lessened by burning over right- of-way. - Connecticut. 7. spark arresting device, which the master mechanic shall cause to be examined and the same shall he examined hy the master mechanic or some employee each time before leaving the round house, except when snow is on the ground. I record shall be kept of such examinations in a book to be fiirnished by the railroad company for the purpose of showing; 1. The place and number of each engine inspected. 2. The date and hour of such inspection. 3. The condition of the said fire protective appli- ance and arrangements. 4. K record of repairs made to any of the fire pro- tective appliances. The said book to be open for inspection by the State Forester or other authorized officer appointed by him. The master mechanic or emploiree making such examination shall be held responsible for the good condition of the same, but without relieving the company from its responsibility hereunder. « As many as twenty-one states now require the railroads to use protective devices on their locomotives. In New York each locomotive must be inspected each time it leaves a division point or round-house between March first and December first to see that its protective devices are in good condition. In Hew York the public Service Commission upon the request of the Conservation Commission may require any railroad to adopt such devices and precautions against setting fires as the public interest demands. The Public Service Commission requires the railroads in the Forest Reserve in the Adiron- dacks to lavxn oil instead of coal between 8 A.M. and 8 P.M. during the danger season. Maine compels the railroads in 8. r / The South Bend Spark Arresters. PATENT BOOMERANG SPARK ARRESTER Particular attention is called to our new Patent Boomerang Spark Arrester, with which all of our engines are equipped. The exhaust, which is the cause of so much trouble with the ordinary Spark Arrester, is made use of in the Boomerang Spark Arrester, and the heavier the draft, the better it works. The sparks and smoke going through the stack are separated by a cone, which is a little larger in diameter at base than stack. The smoke, being light, takes the course of least resistance around the outer edge of cone and through screen. The sparks, on account of the momentum, travel straight up and are diverted by the solid steel cone into the boomerang and thence into screen conveyor tube into bucket or half barrel on roof or any convenient p]ace. Briefly stated, the merits claimed for the above Spark yVrrester are as follows: Absolutely stops all s])arks from passing out of stack. It does not choke exhaust. Will outlast other spark arresters. Works equally well with wood or coal. MADE IN ALL SIZES FOR DONKEYS AND LOCOMOTIVES. Prices quoted on application. Manufactured by WASHINGTON IRON WORKS, Seattle, U.S. A. 9. the forestry district to fasten down or screen the windows of smoking cars between Ivlay first and November 10, to pre- vent the throwing of lighted materials from the car* Right -*of -Way The condition of the right-of-way along a railroad has a great deal to do with the spreading of fires to ad- jacent lands* The ptirpose of the various state laws is to compel the railroads to keep their right-ef-way in such good condition that there will be a minimum of danger from fires. Fifteen states now have laws which require that the right- of-way shall be kept cleared, and twelve states require that no deposits of live coals or hot ashes shall be left on the track near woodlands* The Wisconsin law says that "Every corporation maintaining and operating a railroad 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 there- from all brush, logs, refuse material, and debris within a reasonable time, and whenever fires are set for such piarpose, shall take proper care to prevent the escape thereof from the right-of-way. No such corporation shall permit its employees to deposit fire, live coals, or ashes upon their tracks outside of the yard limits except that they be immediately extinguished." Most states provide that rail- road ties and material for shipment may be piled along the right-of-way. In Minnesota the State Forester may pro- hibit all burning along the railroad right -of -?/ay during very dry and dangerous periods. 10. Right-of-way clearing along Grand Trunk Railway, Ontario, Note the large amount of inflammable debris which has been collected from the right-of-way and the narrow strip adjacent thereto* The railway company and the provincial government cooperated in the expense of this work which covered a strip oxijbside the right-of-way through Algonquin Park* Both pictures. ^% i __^ \ 11, Fire Lines Seven states at the present time have laws requiring the railroads to build fire lines along their right-of-way at danger points* However, in one of these states. New Jersey, the law has been declared unconstitutional* For- tunately this was not done until after most of the rail- roads had seen the good results which were obtained from the fire lineis which were constructed soon after the law was enacted. The number of fires was ver^ greatly decreased where there were fire lines so that now the railroads are continuing to build fire lines even though they are not compelled to do so, since the law was declared unconstitu- tional. The purpose of these laws is to insure better pro- tection to lands adjacent to the railroad right-of-way by constructing fire lines on these lands from one hundred to two hundred feet from the track. Usually the railroad must obtain permission of the abutter before it may make a fire line on his property. The New Jersey law provided that through woodlands a strip ten feet wide must be cleared and plowed at a distance of not less than one hundred feet nor more than two hundred feet from the track. This strip must be kept cleared of all combustible material and the area between the track and the fire line must be biarned or kept cleared of all dead wood, brush, grass, and leaves. Only one- fifth of the total length of the fire line was to be com- pleted each year so that it would take at least five years 12. Beginning of fire line along railroad. Heartwood, H.Y. Fire line parallel to track. Kept bare of vegetation by harrowing with yoke of oxen. Eeartwood, iJew York. 13 to get a complete system of fire lines. However, one weakness of the law was that nothing could compel the owner to allow the building of these fire lines on his property. The Minnesota law says that "Every railroad company shall establish and maintain such fire breaks along the route of its railway as can be constructed and maintained at not excessive expense. The intention shall be to ad- just the protective measures to the local conditions, and to make the expense proportionate to the fire risk and the possible damage*" Patrol Eight states now have laws that provide that the railroads must riiaintain fire patrol for duty at critical points along their tracks during the danger season. The purpose of these patrols is to discover and extinguish fires as soon as possible after the fires start. Speeders are used a great deal in patrol. The Minnesota law requires that "when in the judgment of the State Forester there is danger of the setting and spreading of fires from locomotive engines, he shall order any railroad company to provide patrolmen to follow each train throughout such fire patrol district or districts as he deems necessary to prevent fires, and upon its failure to do so, the State Forester may employ patrolmen with the necessary equipment to patrol the rights-of way of said railrof^, ,and the espense of the same shall be charged to the said railroad company, and may be recovered in a civil action in the name 14. Pire fighting car used for patrol in the dangerous season on the Wharton and Northern Hailroad. IJew Jersey, X91X« Speeder used by railroad patrolmen. Minnesota, xO* of the State of Minnesota. ^^ Wisconsin, Maine and New York have similar laws. Hew Hampshire, West Virginia, Penn- sylvania and Washington require patrols but cannot establish them at the expense of the railroad. In Washington the patrols start to follow logging engines about thirty min- utes after they leave. Control Hailroads must furnish means and facilities for fighting fires near their right-of-way. The methods of fighting fire have to be worked out for the conditions which exist in each particular region. Methods best adapt- ed to the specific conditions should be used. The laws are broad and do not specify the means of extinguishing fires. The Minnesota law requires that "Every railroad shall give its .employees particular instructions for the pre- vention and extinguishment of fires, and shaj.1 cause warning placards such as are approved by the State Forester, to be conspicuously posted at every station in the vicinity of forest, brush, and grass lands, and when a fire occurs on the right-of-way of its road, shall immediately concentrate such help and adopt such measures as shall be available for its extinguishment'^. Other states have laws very similar to the one in Minnesota. Expenses of Extinguishing There are ten states which have laws which require the railroads to pay the expenses of extinguishing fires which originate along the right-of-way. The cost of fight- ing fires is a big expense so that if the railroads realize 16 f .-l--^-_ Inflammable debris on Grand Trunk right-of-way, Ontario. The fire hazard is very materially increased by the presence of this debris. 17 that they must pay this in addition to the damages, they will exert even greater efforts in preventing fires. The Connecticut law says that "Any railroad company which, through any act of its employees or agents, by sparks from its loco- motives, or otherwise, sets fire to trees, brush, or grass on lands outside the right-of-way of such company shall be liable to the town or city in which such fire occurs for the lawful expenses incurred by such tovm or city in extinguishing such fire." The Massachiisetts law is almost identical with the Connecticut law. The west Virginia law provides that the railroad shall pay the costs of extinguishing but that "the same shall not bar the rights of damage between the parties thereto". Fire Insurance Pive states have laws which give the railroad the right to secure insurance on property adjoining the right- of-way which is liable to be damaged by fires caused by the railroad. If the railroad is held responsible for damages, then it should have an insurable interest in property which, because of its dangerous location, is subject to railroad fires. The Massachusetts law says that "The railroad shall have an insurable interest in the property upon its route for which it may be held liable for damages, and may pro- cure insiijranee thereon in its own behalf. If it is held liable in damages, it shall be entitled to the benefit of any insurance effected upon such property by the owner there- of, less the cost of premium and expense of recovery. The money received as insurance shall be deducted from the dam- 18. Brush, grass and weeds, along Quebec and Lake St. John Railway, in the province of Quebep. This material should be out, piled and burned, under careful supervision. Note the pile of old ties ready for burning. / Brush, grass and weeds, along Quebec and Lake St. John Railway, in the province of Quebec. This material should be cut, piled and burned, under careful supervision Bote the pile of old ties ready for burning. 19 ages, if recovered before they are assessed; and if not so recovered, the policy of insurance shall be assigned to the corporation which is held liable in damages, and it may maintain an action thereon". Connecticut, New Hampshire, Vermont and Wisconsin have each a shorter law which gives the railroad an insurable interest so that the railroad may secure insurance for its protection against damages. Penalties It is difficult to enforce a law if tliere is no penalty incurred if the law is violated. A law is of no use unless it can be enforced. Therefore there shou3-d be a penalty for the violation of any law. The penalty should be neither too severe nor too light. Judgment must be used in specifying the aegree of the penalty. The penalty must be severe enough so that it will not be cheap- er to violate the law and pay the penalty than to observe the law. A judgment on a civil action to recover dam- ages is no defense under a criminal prosecution to inflict a penalty. The Minnesota law requires that "Any company or corporation violating any T)rovision of this section (14) shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than fifty dollars and not exceeding one hundred dollars and costs of prosecution for each offense and any railroad employee or other individual violating the same shall be guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five •^0 "WILLAMETTE IRON AND STEEL "WORKS SEQUOIA SPARK ARRESTER This Arrester is guaranteed the most efficient spark catcher built. It is light weight, projects above the stack but six inches, and readily put on or taken off. Made for any size stack and adapted for use on logging and hoisting engines, locomotives, mill stacks, steamboats, etc. NET PRICE LIST F'or stack less than 1 2-inch diameter $22.50 For stack from 1 2-inch to 1 7-inch diameter 27.50 For stack from 1 8-inch to 23-inch diameter 35.00 For stack from 24-inch to 27-inch diameter 45.00 For stack from 28-inch and above Special Price EXTERIOR APPEARANCE Showing Arrester Mounted on Donkey Stack 1 Figure No. 2 shows a cross section through the center of the stack, which clearly illustrates how the draft is unimpeded even though the screen becomes entirely clogged. The clearance around the screen is equal to the area of the stack, hence the area of exhaust is never con- tracted. The sparks* are deflected down into the pan and thence led off to some convenient point through the oudet pipes. The advantages are readily appreciated by all firemen and engineers. Special circular furnished on request. j\ro s . 21 dollars or more than one hundred dollars and costs of pros- ecution, or by imprisonment in the county jail not exceeding ninety days*" The Wisconsin law provides for "a fine of not less than fifty nor more than five hundred dollars, or by im- prisonment in the county jail not exceeding one year, or by both such fine and imprisonment." The lew York law says that " said company shall be liable to a penalty of one hundred dollars for each violation of the provisions of this section (101); and every day such railroad shall fail to maintain the patrol required by this section shall be deemed a separate violation." Railroad Forest Fire Protection Laws States Alabama California Colorado Spark Arrester X T ^ Ash Pan X State Inspector R • R • Inspector Right of- Way* X Liv^ Dei Connecticut Delaware T T A T Idaho Kentucky JL X X T Louisiana T Maine Maryland T X Massachuaexts 1 X X T X liehigan Minnesota T JL T X T Montana T N. Hampshire T T T Mew Jersey T T Kev/ Yoric Ohio T T T T T T Oregon Pennsylvania Knoae isiana T T South Dakota Tennessee *w* Vermont Vvashington T Y/est Virginia X X X T T V ITisconsm A A X X X Virginia X Virginia, Kentucky, Ohio, Illinois and Missouri require cleaning of the right-of-v/ay throughout its entire long While one prevention of forest fires is not specified, is nevertheless implied* park arresters not specified but implied. 2 Required in all locations; forest fire prevention, al- though not specified is implied. 82, Patrol •^MaaMaaaaam* z T «*aiMaa T WMirMMMMa T T T Expenses of Jiixt inguishing ti^mmmn'—^' ttimma^mmmm^^tmmmmmtmmmmm x X T T X T T In sura nc e wmmm^mmmmti T X mmtmmtmMf^m mmtmmm^mm X X X Damages X z MaaHaM«aBiMwaii«» X ■ > ■ ail A X X X J ill m ■ BIBIIOGRAPHY Allen (1911) Practical Forestry in Pacific Northwest. Bristol (1912) Report of Society for Protection of New Hampshire Forests* Cox (1913) Report of the Minnesota State Forester. (1914) Report of the Minnesota State Forester. Gaskill (1909) Report of the Ue^ Jersey Forest Commission Leavitt (1912) Forest Protection in Canada. Recknagel (1906) Forestry Quarterly, Vol. IV, Ho. 1. Ryder (1912) Report of Society for Protection of Hew Hampshire Forests. Spying (1910) Report of Connecticut State Forester Xlso the Forest Fire Laws and Forestry Reports of the various states.