SD 421 .07 1919 Copy 1 OREGON i^uREST FIRE LAWS 1911-1919 Facts Regarding Qreg provided, that any such person so called upon for assistance shall be paid the going rate of wages for such work, and in case such person is called from other employment, then he shall be paid not less than the rate of wages paid him in such other employment. Section 7. During the period between June 1 and October 1, which is hereby designated the closed season, it shall be unlawful for any person or persons to set on fire, or cause to be set on fire, any slash- ing, chopping, wood land or brush land, either his or their own or the property of another, without written or printed per- mission from a fire warden and compli- ance with the terms thereof which shall prescribe the conditions upon which the per- mit is given and which are necessary to be observed in setting such fire and to pre- vent it from spreading so that life or prop- erty of another may be endangered, there- by. This restriction shall not apply to the 6 burning of log piles, stumps or brush heaps, in small quantities, under adequate precau- tions and personal control, and in accord- ance with any regulations which may be adopted by the state board of forestry for the purpose of insuring public safety; but if any such burning without permission shall result in the escape of fire and injury to the property of another, this shall be held prima facie evidence that such burning was Violation of these provisions shall be pun- not safe and was a violation of this section, ished by a fine of not less than five dollars ($5.00), nor more than one hundred dollars ($100.00), or by imprisonment of not less than two (2) days nor more than fifty (50) days. Permits to burn, as provided by this section, may be issued by any fire war- den, and shall contain such safeguarding restrictions as to time of burning and pre- caution to be taken as may be fixed by the state forester or left by him to the discre- tion of fire wardens. Any fire warden shall have the right to refuse, revoke or postpone permits when necessary to prevent danger ito the life or property of another. Any permit obtained through wilful misrepre- sentation shall be invalid and give no exemp- tion from liability of any kind. In times and localities of unusual fire danger, the governor, with the advice of the state for- ester, may suspend any or all permits or privileges authorized by this section and prohibit absolutely the use of fire herein mentioned. Whenever, or wherever, during an open season for the hunting of any kind of game in this state, it shall appear to the governor upon the showing of the state for- ester that by reason of extreme drought the use of firearms or fire by hunters is liable to cause forest fires, he may, by proclama- tion, suspend the open season and make it a closed season for the shooting of wild birds and animals of any kind for such time as he may designate, and during the time so designated all provisions of law relating to closed seasons for game shall bs in force. Section 8. Any person who sets on fire, or causes to be set on fire, any woods, brush grass, grain, stubble, or other material being or growing on any lands not his own, without permission from the owner, or who wilfully or negligently allows fire to escape from his own land, or any one who acci- dentally sets any fire on his own land or another's and allows it to escape from his control without extinguishing it, or using every effort to do so, shall be punished by a fine of not less than twenty-five dollars ($25.00), nor more than five hundred dol- lars ($500.00), or imprisonment for not less than ten (10) days nor more than three (3) months; provided, that it shall be law- ful to build, in a careful manner, camp fires on any uninclosed lands, the owner of which has not forbidden such building of camp fires thereon by personal notice or by postmg such prohibition in conspicuous places or otherwise, if, before departing from the place where such camp fire ha& been built, the builder of such fire totally extinguishes the same; and provided fur- ther, that nothing in this section shall apply to the setting of a back fire, in good faith to prevent the progress of a fire then burning. Section 9 (as amended 1919). Any per- son who builds a camp fire upon lands within this state, not his own, without clearing the ground immediately around it free from material which will carry fire, or who leaves thereon a camp fire burning and unattended, or who permits a camp fire to spread thereon, or who uses in any fire- arms discharged thereon other than incom- bustible gunwadding, shall be punished by a fine of not less than five dollars ($5.00 , nor more than one hundred dollars ($100.00), or by imprisonment of not less than two (2) days nor more than fifty (50) days. Any fire on any forest land in 8 the state of Oregon burning uncontrolled and without proper precaution being taken to prevent its spread is hereby declared a public nuisance by reason of its menace to life or property. Any person, firm or cor- poration responsible for either the starting or the existence of such fire is hereby required to make a reasonable effort to con- trol or extinguish it immediately, without awaiting instructions from a forest officer, and if said responsible person, firm or cor- poration shall refuse, neglect or fail to do so, the state forester, or any fire warden or forest ranger acting under his authority, may summarily abate the nuisance thus con- stituted by controlling or extinguishing the fire and the cost thereof may be recovered from said responsible person, firm or cor- poration by action for debt; and, if the work is performed on the property of the offender, shall also constitute a lien upon said property. Such lien may be filed by the state forester in the office of the county clerk of the county in which the lands are situated, within sixty days from the ex- tinguishment of the fire, and may be fore- closed in the manner provided by law for the foreclosure of liens for labor and material. Upon the request of the state forester it shall be the duty of the district attorney of the district in which the lands are located to bring such action for debt or to foreclose such lien, in the name of the state of Oregon. Section 10. From June 1 to October 1 i of each year it shall be unlawful for any I person, fjrm or corporation, or employe i thereof, to use or operate any locomotive, I lodging engine, portable engine, traction ] e-'gine or stationary engine using fuel other than oil, in or near forest or brush land, which is not provided with an adequate spark arrester kept in constant use and repair. Any person, firm or corporation who shall wilfully fail to comply with the foregoing provisions of this section shall be 9 guilty of a misdemeanor, and upon convic- tion thereof shall pay a fine for each engine or locomotive without such spark arrester of not less than twenty-five dollars ($25.00) , nor more than one hundred dollars ($100.00), and shall be enjoined from fur- ther use of such engine or locomotive until such spark arrester is provided. Escape of fire from any engine shall be prima facie evidence that such appliance has not been adequately maintained in compliance with this section. Upon proof that any prosecu- tion has been instituted under this section by any fire warden, any court of competent jurisdiction shall enjoin the further use of the engine involved, unless equipped and maintained in compliance with this section to the satisfaction of said fire warden, until the defendant has been acquitted of the charge preferred. Section 11. All persons, firms, or cor- porations engaged in logging, or permitting logging upon their lands, in this state, shall each year, burn their annual slashing, by which is meant the tops and inflammable refuse left after logging or woodcutting, that may carry fire or cause it to spread, at such time and in such manner and with such provision of help as will confine the: fire to the lands upon which such slashing,! may be, and if such burning is done between June 1 and October 1 shall first cut down all dead trees or snags over twenty-five (25) feet high. Builders of trails, roads, or rail- roads, power, telegraph or telephone lines in this state shall immediately destroy or remove all inflammable material resulting from constructing or clearing for such im- provements unless prevented under the pro- visions of Section 7 of this act. Any per- son, firm or corporation operating a rail- road in this state with coal or wood fuel shall annually, or when so directed by thi state board of forestry, and in a manner and to an extent directed by said board .| destroy or remove all inflammable material 10 from the right of way of said railroad. All burning under the provisions of this sec- tion shall be in accordance with the pro- visions of Sections 7 and 8 of this act. Refusal or neglect to comply with the pro- visions of this section shall be punished by a fine of not less than one hundred dollars, ($100.00) nor more than one thousand dol- lars ($1,000.00) for each offense; provided^ that the state forester with the consent of the I board of forestry may suspend the restric- ,i tions of this section when and where he I deems public safety so permits or requires ; i, it is further j^rovided, that in the absence of [) such suspension, and in case of refusal or neglect by any person or persons at fault, ' after proper notice to take the precautions against fire required by this section, the state forester, or district fire warden acting with his consent, may have the work done to the extent he deems requisite to public , safety, and the cost thereof and the expense of any fire patrol rendered necessary by the delay shall be recoverable from the offender by action for debt, prosecuted in the name of the state of Oregon. No contract for ro^d, trail, power, telegraph and telephone lines, or railroad construction shall be let by any , state or county body, or officers, unless it ' contains specific provisions for the removal : of inflammable material resulting from con- I stru.ction, and no such work performed for such state or county body, or officers, shall j be accepted by them until such inflammable I material has been removed. In case of fail- i ure on the part of any county or state body I or official, having charge of such work or j whose duty it is to accept the same, to com- ' pel the clearing of rights-of-way as above ! provided, or in case of failure to so clear them when work is performed by the state, county or road district, the state forester shall, upon complaint of any interested .partv investigate the condition existing and if _ sufficient inflammable material to con- stitute a menace to adjoining pTiioperty 11 remains on the ground he shall notify the state or county official of the condition existing and set a reasonable time when the inflammable material must be disposed of Upon failure to remove said material in the time specified, the state forester may cause it to be removed and the expense of such work, together with the expense of any fir patrol rendered necessary, shall be certified by the state forester to the county in which the work was performed, and shall be paid by such county direct to the person, oi persons performing the services. In case the improvement is being carried on by the state, then the certificate shall be to th proper state officer or body, and shall be paid as an expense of such office, and in case of private enterprises the expense oJ removal and fire patrol shall be collectible as debts are collected. Justices of the peace, district courts and county courts shall have concurrent juris- diction with the circuit courts of all prose- cutions for violations of the act designated as Chapter 278 of the general laws oi Oregon for 1911, and all acts supplemental thereto and amendatory thereof, includinp this act, as also of all actions by the stat for the recovery of the cost of protectin forest or cut-over lands incurred by the state forester or district fire warden acting witi his consent, under the provisions of Section^ 5 and 11, of said act, as hereby amended All moneys collected under the provisions o said Sections 5 and 11, excepting fmes, shal be paid into the state treasury and becom^ a part of the fund appropriated for the paj ment of salaries and expenses of and i connection with the offices of the Oregoi State Board of Forestry and shall be ex pended as other moneys so appropriated ar< expended. Section 12. Any person who shall un lav/fully or maliciously set fire to any woods forest, timber, brush or vegetable matte whatever with intent that the property , o 12 : mother shall be injured thereby, shall be ^uilty of a felony, and upon conviction iiereof shall be punished by imprisonment n the state penitentiary for not less than I me (1) year nor more than ten (10) years. Section 13. In addition to the penalties provided in this act, the United States, jjtate, county, or private owners, whose broperty is injured or destroyed by fires ' n violation of this act, may recover in a 'ivil action double the amount of damages mffered if the fires occurred through wil- , 'ulness, malice or negligence; but if such ''ires were caused or escaped accidentally br unavoidably, civil action shall lie only '•'or the actual damage sustained as deter- nined by the value of the proper^ty injured )r destroyed, and the detriment to the land md vegetation thereof. Persons or corpora- ions causing fires by violations of this act '5hall be liable in action for debt to the full imount of all expenses incurred in fighting Ijuch fires. Section 14, Any person not employed md compensated as a fire warden who shall letect any one violating any of the pro- visions of this act, and shall furnish infor- nation leading to the arrest and conviction ji such person, shall, upon his conviction, Receive one-half of the fine paid by such person so convicted, otherwise all fines mposed under this act, less the cost of collection, shall go into the general fund of ;he county in which conviction is had. Section 15. Whenever an arrest shall lave been made for violation of any pro- I vision 'of this act, or whenever any evidence ] vhich shows with reasonable certainty any I such violation shall have been lodged with ;iim, the district attorney for the county in ;^''hich the criminal act was committed must prosecute the offenders with all diligence ind energy. If any district attorney shall j.ail to comply with the provisions of this section he shall be guilty of a misdemeanor, md upon conviction shall be fined not less ' 13 than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00) in the discretion of the court. Prosecution against the district attorney shall be con- ducted by the attorney general. The penal- ties of this section shall apply to any justice of the peace, with proper authority, who re- fuses or neglects to issue a warrant for the arrest of any person or persons when complaint under oath of violation of any; terms of this act has been lodged with him.' Section 16. Any person who shall wil- fully destroy or injure any notice posted in compliance herewith shall be punished by fine of not less than ten dollars ($10.00), nor more than fifty dollars ($50.00), or by imprisonment for one (1) day for each two dollars ($2.00) of such fine imposed in case of his neglect or refusal to pay such fine. Section 17. County boards of commis- sioners may appropriate money for forest protection under the provisions of this act; and expenses incurred by any county board; of commissioners in accordance therewitl shall be a proper county charge. Section 18. For the purpose of carrying out the provisions of this act, including the payment of the salaries and expense:^ of the officers and employes for which the state is liable under this act, there if hereby appropriated out of any funds in the treasury not otherwise appropriated the: sum of sixty thousand dollars ($60,000.00)] or so much thereof as may be necessary. The secretary of state is hereby authorized and directed to audit all duly approved claimsl which have been incurred in pursuance of! this act and the foregoing appropriation; and to draw his warrant on the state treasurer in the payment thereof out oi the appropriation made by this act or othei appropriation from which the same may b( determined to be payable. 14 CHAPTER 90 of the LAWS OF OREGON FOR 1913 In effect June 3, 1913. AN ACT (To make every county judge ex officio a fire warden within his county and to provide the conditions under which slashings and tim- ber cuttings may be burned.) Be it e7iacted by the People of the State of Oregon: Section 1. That every county judge within the state of Oregon is ex officio a [ire warden and shall have all the rights and powers and perform all the duties of a -egularly appointed fire v/arden, within che boundaries of his county, as such rights, powers and duties are provided and defined by the general laws of Oregon. Every such county judge is hereby author- ized to issue and revoke permits for burning I slashings, choppings, v/ood lands and brush 'lands betv/een June 1 and October 1 of ^ach year. Section 2, Every person to whom such I permit is issued shall give at least twenty- 'four hours' notice to each resident owner of idjoining lands, of the time when he intends CO set fire in accordance with his permit. ! CHAPTER 247 of the LAWS OF OREGON FOR 1913 In effect June 3, 1913. AN ACT I (To require owners of timber lands to provide a fire patrol therefor.) I Be it enacted by the People of the State I of Oregon: ) Section 1. Every owner of timber land )in the state of Oregon shall furnish or pro- /ide a sufficient fire patrol therefor, during the season of the year when there is danger of forest fires, which patrol shall meet with 15 the approval of the state board of forestry Section 2. In case any owner or owner^ shall fail or neglect to provide sucb^ fir patrol, then the state forester, under direc tion from the state board of forestry' shall provide the same at a cost not t exceed five (5) cents per acre per annum Any amounts so paid or contracted to b paid by the state forester, shall be a lie^ upon the property, and shall be reporter by the state forester to the county coui of the county in which such lands ar- situated, and shall by such court be levie 1 and collected with the next taxes on sue i lands in the same manner as taxes ai* collected. Said county court shall instruc the proper officer to extend the amounts c the assessment roll in a separate column and the procedure provided by law for th collection of taxes and delinquent taxe; shall be applicable thereto, and upon col- lection thereof the county court shall repay the same to the state forester, to be applied to the expenses incurred in carrying out the provisions of this act. Section 3. For the purposes of this act any land shall be considered timber land which has enough timber standing or down to constitute, in the judgment of the stat- board of forestry, a fire menace to itselt or adjoining lands. Section 4. The owner of any land com ing under the provisions of this act, who shall reside within one and one-half miles of said land, shall be considered, by virtue of said residence, to maintain a sufficient fire patrol and shall not be compelled tc: maintain additional patrol on such land. Section 5. For the purposes of this act an adequate fire patrol shall be construe to mean one equal to that maintained b fifty per cent of timber owners in the sam locality, or under similar conditions in other localities, who are in good faith patrollin their lands against fire. 16 ABSTRACT, OREGON GAME LAWS 1919-1920 OPEN aVNTING- SEASON, AXklJ DATES INCI^USIVE. District Ho. 1 Comprising- AH Counties West of the Cascade Mountains Buck deer with horns, September 1 to Octo- Silver gray squ'lM^^fe^ ^i^^ember 1 to Octo- Iper 31,,-.i,.,,,., ,.,.-, _ ....,,- -. ,■ Ducks, (^eese, rails/coots, jacksnipe an^ greater and lesser - yellowlegs, October 1$. to iF6l?t^ar# '-1 5;' ■except that' M' 'Multhbmah, Clat- sop, Columbia and Tillamook ' Cotinties, the ope!ta:,:s;ea9Q,B;fvembm* ilft. . i '.Si].wer;jgr^y; squirrels; no. open; season.. , Ducks, geese, rails, coots,^ jacksnipe; and greater and lesser yellowlegs, October 1 to January 15. .Chinese^ p|^easants,,inia. open, season except as ?QXLq^|^i';.i:;j{itiQifi,' ,XJinafdl|a,:: Bake:tf, ^ant Hal- leur counties, bpeh 'season' ifirst' Sunday in October to second Sunday in October. Hood diver and Wasco counties, last Monday in Dctober to the first Monday in November. . Grouse, August 15 to October 31, except in Jnion and Wallowa counties open season Vugust 1 to November 10. Prairie phickens, open season in Wasco and Sherman counties, October 1 to October 15. :;iosed in all other counties. Mountain and California quail, Klamath :ounty, October 1 to October 10. Closed in all )ther counties. Sage hens, July 15 to August 31. Doves, September! to October 31. LIBRARY OF CONGRESS Batr iMtmttB Buck deer, with horns^ — Two during any season. Silver gray squirrels — Five in any seven consecutive days. Ducks, geese, rails, coots and shore birds — Twenty-five in any one day and not more than thirty in any seven consecutive days. Chinese pheasants, native pheasants and grouse^ — Five in any one day and ten in any seven consecutive days. Three female birds permitted in bag of ten. Prairie chickens and sage hens — Five in one day and ten in any seven consecutive days. Quail — Ten in any seven consecutive days. Doves — ^Ten in one day or twenty in any seven consecutive days. OPEN AirGi;iNG SEASOITS— BOTH DISTBICTS Trout over six inches — April 1 to October 31. Bag limit, 50 fish or 35 pounds in any one day. "Yanks,'' in Wallowa lake — All year, except October 10 to December 31. Bag limit, 50 pounds in one day. No shooting of migratory game birds be- tween sunset and one-half hour before sunrise.