Chapter L: F. A. MAURY, Les forêts de la Gaule et de l’ancienne France, (5)

Before the general legislation for all Italy was enacted there were at least a dozen laws in operation in the various provinces; in Lombardy, the law of 1811; in Naples, the law of 1826; in Rome, of 1827; in Umbria, of 1805; in Bologna, of 1829; in Tuscany, of 1829; in Piedmont, of 1833; in Sardinia, of 1851; etc. If these had been heeded much better conditions would have been inherited by the new kingdom.

With the arrival of a national spirit, many schemes for the promotion of forestry and of forest policy were discussed. The academies of Florence, Milan, Modena, Palermo, and Pesaro offered premiums for reforesting of mountains, and called for popular treatises on silviculture. A forestry journal came into being, furthering the propaganda. In 1860 a very well written account of “Present Conditions of Forestry and Production of Sulphur in Sicily,” a collection of reports, was published by Shiro. In 1860 also, an investigation of forest conditions in each province was ordered by royal decree, and propositions for their improvement were called for, which led to legislative proposals, introduced in 1862, and legislation enacted in 1863.

The law of 1863 still treated each province independently: forest inspectors for each province, and for Naples an Inspector General, with district foresters and a large number of forest guards were appointed.

Another law, applicable only to certain parts of the Kingdom, was enacted in 1874, intended to check the progress of deforestation and prevent turning waste woodlands into pasture; these absolute forest soils were to be reforested within five years. The law remained a dead letter, yet it is still in force in part, with modifications enacted in 1886.

The final unification of the country as far as legislative unity is concerned, was completed in 1877, and in that year the first general forest law for all Italy was also enacted.

This law, which has mainly in view the protective influence of forest cover as a factor in the public welfare, leaving all private property not falling under the character of protection forest entirely free, established provincial forest commissions--conservation boards--unpaid, who were to enact rules and regulations best adapted to their localities. The Board of Commissioners consisted of the prefect of the province, _ex-officio_ president; an inspector of forests, the technical officer who administers the government property; an engineer appointed by the governor; and three members chosen by the provincial council; in addition, each communal council was to send one member to take part in the deliberations of the board as far as his particular commune was interested.

By this law the country is divided into two sections vertically, namely the territory above the limit of chestnut, and that below this limit, the latter representing the farming country, the territory above being unfit for agricultural use. To the former the restrictions of the law apply as a rule (_terreni soggetti al vincolo forestale_--ban forest), to the latter, as exception, namely where the removal of forest or brush cover might cause landslides, or affect stream flow or health conditions unfavorably. The chestnut limit naturally varies in different parts, but, generally speaking, lies between 1,800 and 2,000 feet elevation. The determination of these areas was to be made by the provincial forest committees, and it is significant to note that in these the State forest administration did not have the majority.

The territory under restriction, was in 1887, after various revisions, established as comprising 7.5 million acres of forest and 2.5 million acres of brush and waste, nearly 71% of the forest area being thus placed under restriction; leaving 2.5 million acres of forest and over 2 million of brush and waste outside the working of the law; these latter areas are left entirely without restrictions, except as general police regulations apply. The execution of the law and regulations is left to the State Forest Department with an organization of forest guards (some 3,000 in 1883), appointed by the prefect of the province with the advice of the forestry commission, but acting under the State forest administration. Their pay was to come to the extent of two-thirds from the communes, the other third from the provincial treasurer.

In the forests placed under the law, clearing and agricultural use is forbidden. Fellings and cultures must be made under direction of the Committee. No compensation is made for this limitation in use except where hygienic influence was the basis for placing the forest under ban.

If the regulations of the commissions had been observed to their full extent, all would have been well in time, but it is evident from subsequent legislative efforts that the execution of the laws was not what could be desired. Political exigencies required leniency in the application of the law. An interesting report on the results of the first quinquennium shows that during that time 170,000 acres were cleared, over 40,000 without permission, and by 1900, it was estimated, deforestation had taken place on about 5 million acres.

Wrangling over the classification of the lands under ban has continued until the present, and local authorities have continued to favor private as against public interest, to withdraw lands from the operation, and to wink at disregard of the law. Moreover, rights of user to dead wood, pasturage (goats are by law excluded) and other privileges continued to prevent improvement, although several laws to effect their extinction had been passed.

The devastating floods of 1882 led to much agitation, and, upon a report of a special commission in 1886, the law of 1874, which had obligated the communities to reforest their waste lands within five years or else to sell, was revived, extending the term of obligatory reforestation in the endangered sections to ten years. By that time, out of 800,000 acres originally declared as requiring reforestation, not more than 40,000 acres had been planted, but the acreage involved had also been gradually scaled down by the forest committees to 240,000 acres. The report, on the other hand, found that the area needing reboisement was at least 500,000 acres, requiring an expenditure of 12 million dollars. The law of 1877 did not contemplate enforced reforestation of banforests; it sought to accomplish this by empowering either the Department of Agriculture or the provinces or the communities or special associations to expropriate for the purpose of reforestation. Results were nil.

A revision and broadening of the law led to the general reboisement act of 1888,[15] which has in view the correction of torrents, fixing of mountain slopes and sand dunes--one of the best laws of its kind in existence anywhere.

[15] For details see _Fernow_, in Garden and Forest, 1888, page 417.

The principal features of the law are: obligatory reboisement of mountains and sand dunes according to plans, and under direction of the Department of Agriculture, the areas to be designated by the department, with approval or disapproval of the forest committees; contribution to the extent of two-fifths (finally raised to two-thirds) of the expense by the government; expropriation where owners do not consent, or fail to carry out the work as planned; right to reclaim property by payment of costs and interest, or else sale by government; right of the department to regulate and restrict pasture, but compensation to be paid to restricted owners; encouragement of co-operative planters’ associations. The area to be reforested was estimated at somewhat over 500,000 acres and the expense at over 7 million dollars.

The execution of the law was not any stricter than before. In 1900, the Secretary of Agriculture reports that “the laws do not yet receive effective application.” The difficulty of determining what is and what is not necessary to reforest, what is and what is not absolute forest soil made ostensibly the greatest trouble and occasioned delay, but financial incapacity and political influences bidding for popularity are probably the main cause of the inefficiency.

Meanwhile the forest department tried to promote reforestation by giving premiums from its scanty appropriation and distributing from its 130 acres of nurseries, during the years from 1867 to 1899, some 46 million plants and over 500 pounds of seed, and furnishing advice free of charge.

In 1897, again a commission was instituted to formulate new legislation. This commission reported in 1902, declaring that all accessible forests were more or less devastated, accentuating the needs of water management, and proposing a more rigorous definition of ban forests, a strict supervision of communal forests, and the management of private properties under working plans by accredited foresters or else under direct control of the forest department, the foresters to be paid by the State, which is to recover from the owners. It was found that in the past 35 years of the 125,000 acres needing reforestation urgently only 58,300 acres had been planted at an expense of $1,340,000.

In 1910, conditions seem not to have much improved, for again a vigorous attempt at re-organization and improvement on the law of 1877 was made by the Minister of Agriculture; so far without result.

It is to be noted that Italy is perhaps the only country where forest influence on health conditions was legally recognized, by the laws of 1877 and 1888. The belief that deforestation of the _maremnae_, the marshy lowlands between Pisa and Naples, had produced the malarial fever which is rampant here, led the Trappist monks of the cloister at Tre Fontane to make plantations of Eucalyptus (84,000) beginning in 1870, the State assisting by cessions of land for the purpose. A commission, appointed to investigate the results, in 1881, threw doubt on the effectiveness of the plantation, finding the observed change in health conditions due to improvement of drainage; and lately, the mosquito has been recognized as the main agency in propagating the fever. The new propositions, however, did not any more recognize this claimed influence as a reason for public intervention. Incidentally it may be stated that to two Italians is due the credit of having found the true cause of salubriousness of forest air, namely in the absence of pathogenic bacteria.

3. _Education and Literature._

The first forest school was organized by Balestrieri, who had studied in Germany, at the Agricultural School near Turin about 1848, transferred to the Technical Institute in Turin in 1851. This school continued until 1869, and from 1863 on, had been recognized by the State, assuring its graduates employment in State service. In 1869, the State established a forest school of its own (_Institute Forestale_) at Vallambrosa near Florence, with a three years’ course (since 1886, four years) and, in 1900, with eleven professors and 40 students. In spite of the State subvention of $8,500, it appears that some peculiar economies are necessary, for owing to the absence of stoves the school is closed from Nov. 1 to March 1. In spite of the existence of this school, the State Service is recruited also from men who have not passed through this school.

The legislative propositions brought forward in 1910 also provide for transfer of this school to Florence, leaving only the experiment station in Vallambrosa, and also for raising the standard of instruction. At the same time, however, there was at the old institution ordered a “rush course” to be finished in 15 months, since it appeared that not enough foresters were in existence to carry out the proposed re-organization.

In 1905, a school of silviculture for forest guards was instituted in Cittaducale, the course being 9 months.

Besides the technical school at Vallambrosa, agricultural schools have chairs of forestry or arboriculture, as for instance the Royal school at Portici. As an educational feature, the introduction of Arbor Day, in 1902, _la festa dei alberi_, should also be mentioned.

The existence of a forest school naturally produces a literature. While a considerable number of popular booklets attempt the education of the people, who are the owners of the forest, there is no absence of professional works. Among these should be mentioned Di Berenger’s _Selvicoltura_, a very complete work, which also contains a brief history of forestry in the Orient, Greece and Italy. G. Carlos Siemoni’s _Manuele d’arte forestale_ (1864), and the earlier _Scienza selvana_ by Tondi (1829) are encyclopedias of inferior quality.

In 1859, R. Maffei, a private forester, began to publish the _Revista forestale del regno d’ Italia_, an annual review, for the purpose of popularizing forestry in Italy, afterwards changed into a monthly, which continued for some time under subventions from the government.

A number of propagandist forestry associations were formed at various times, publishing leaflets or journals, one of these _L’Alpe_, a monthly, in 1902. In 1910, the two leading societies combined into a federation _Pro montibus ed enti affini_, merging also the _Rivista forestale italiana_ with _L’Alpe_, which serves both propagandist and professional needs.

SPAIN.

_Revista de Montes_, a semi-official journal, established in 1877,
is the best source.

_El Manuel de Legislacion y Administracion Forestal_, by HILARIO
RUIZ, and _Novisima Legislacion Forestal_, by DEL CAMPO, 1901,
elaborate the complicated legislation up to 1894.

_Dicionaro Hispano-Americano_, 1893, contains an article (_montes_)
on the administrative practice of the forest laws.

_A Year in Spain_, by a young American (SLIDELL) 1829, gives an
excellent account of physical conditions of the country and
character of the people at that time.

_Das Moderne Geistesleben in Spanien_, 1883, and
_Kulturgeschichtliche und Wirtschaftspolitische Betrachtungen_,
1901, by GUSTAV DIERKS, details character of institutions and
people.

“Poor Spain” is the expression which comes to the lips of everybody who contemplates the economic conditions of this once so powerful nation, almost the ruler of the world. Once, under the beneficent dominion of the Saracens, a paradise where, as a Roman author puts it, “Nil otiosum, nihil sterile in Hispania,” it has become almost a desert through neglect, indolence, ignorance, false pride, lack of communal spirit, despotism of church, and misrule by a corrupt bureaucracy.

With the exception of a narrow belt along the seashore, the whole of the Iberian peninsula is a vast high mesa, plateau or tableland, 1,500 to 3,000 feet above sea level, traversed by lofty mountain chains, or sierras, five or six in number, running parallel to each other, mainly in a westerly and southwesterly direction. These divide the plateau into as many plains, treeless, and for the most part, arid, exposed to cold blasts in winter, and burning up in summer. They are frequently subjected to severe droughts, which sometimes have lasted for months, bringing desolation to country and people. The rivers, as they usually do in such countries similar to our arid plains, form cañons and arroyos, and, being uncertain in their water stages, none of them are navigable although hundreds of miles long, but useful for irrigation, on which agriculture relies. The great mineral wealth had made Spain the California of the Carthaginians and Romans, and it is still its most valuable resource.

Spain awakened to civilization through the visits of Phoenicians and Carthaginians followed by the Romans. During the first centuries of the Christian era there occurred one of the several periods of extreme prosperity, when a supposed population of 40 million exploited the country. After the dark days of the Gothic domination, a second period of prosperity was attained for the portion which came under the sway of the industrious and intelligent Moors or Saracens (711 to 1,000 A.D.) who made the desert bloom, and whose irrigation works are still the mainstay of agriculture at present. Centuries of warfare and carnage to re-establish Christian kingdoms still left the country rich, when, in 1479, the several kingdoms were united into one under Ferdinand and Isabella, and the Moors were finally driven out altogether (1492). This kingdom persisted in the same form to the present time with only a short period as a republic (1873). Spain was among the first countries to have a constitution.

After the Conquest of the Moors, and with the discovery of America, again a period of prosperity set in for the then 20 million people, but, through oppression by State and Church (Inquisition), which also led to the expulsion of the Jews and large emigration to America, the prosperity of the country was destroyed, the population reduced to 10 million in 1800, and the conditions of character and government created which are the cause of its present desolation. Since the beginning of the century, the population has increased to near 18 million, but financial bankruptcy keeps the government inefficient and unable to accomplish reforms even if the people would let it have its way.

1. _Forest Conditions._

It has been a matter of speculation whether Spain was, or was not, once heavily wooded (see page 11). In Roman times, only the Province of La Manca is reported as being unforested, and, in the 13th and 14th centuries, extensive forest zones are still recorded. The character of the country at present, and the climate, both resembling so much our own arid plains, make it questionable to what extent the forest descended from the mountain ranges, which were undoubtedly well wooded.

At present the forest is mainly confined to the higher mountains. The best is to be found in the Pyrenees and their continuation, the Cantabrian mountains.

The area of actual forest (_bosques_) is not known with precision, since in the official figures mere potential forest, i.e., brush and waste land, is included (_montes_), and the area varies, i.e., diminishes through new clearings, of which the statistics do not keep account. Moreover, the statistics refer only to the “public forests,” leaving out the statement of private forest areas, if any.

In 1859, this area was reported as over 25 million acres or 20 per cent. of the land area (196,000 square miles); in 1885, the acreage had been reduced to about 17.5 million acres; and, in 1900, about 16 million acres, or 13 per cent. of the land area remained as public forest, and the total was estimated at somewhat over 20 million acres.

The following peculiar classification, published in 1874, gives (in round figures) at once an insight into the meaning of _montes_, and the probable condition of the “public forest” area:

_Acres._
State Reserves 865,000
Salable State Property 4,550,000
Public Institute Forest 20,000
Communal Forest 9,860,000
Open Commons for Wood and Pasture 1,880,000
Common Pasture for Draft Animals 425,000
----------
Total 17,600,000

An estimate of the actual forest (timber and coppice), does not exceed 12 million acres for a population of 18 million, or .7 acres per capita. The latest official figures claim as State property around 600,000 acres, and municipal institutional property 11.5 million acres; these constituting the public forests. According to official classification, these public forests are to the extent of 5.3 million acres high forest, 3 million coppice, the balance brushwoods.

In spite of this evident lack of wood material, except for firewood or charcoal, the importations in 1903 did not exceed 13.5 million dollars, accentuating the absence of industrial development. The official statement of imports reports 6.5 million dollars more than the above figure, but this includes horses and cattle enumerated as forest products--products of the “montes.” These also figure in the exportations of 15 million dollars, which to the extent of one-half consists of cork (some 5 million dollars from 630,000 acres) and tanbark, while chestnuts, filberts and esparto furnish the balance. In 1908, the imports of lumber and staves alone amounted to $7,382,000.

In 1882, all the public forests produced from wood sales only $900,000, but the value of the products taken by rights of user was estimated at nearly twice that amount. In 1910, the average income of the forest service was reported as having averaged for the decade in the neighborhood of 2 million dollars, and the expense approximately 1 million, a net yield of about 30 cents per acre on the area involved resulting, the total cut being 5.7 million cubic feet annually.

The forest flora and its distribution is very similar to that of Italy, and is described fully in two volumes prepared by a special commission appointed for this purpose.

2. _Development of Forest Policy._

Spain is noted for its comprehensive legislation without execution; it is also known that official reports are rarely trustworthy, so that what appears on paper is by no means always found in reality, hence all statements must be accepted with reservations.

The forest laws of Spain are somewhat similar to those of Italy, yet show less appreciation of the needs of technical forest culture. The value of forest resources and need of economy in their use was, indeed, recognized early. Recommendations for their conservative use are recorded from the 13th century on. An ordinance of Pedro I, in 1351, imposed heavy fines upon forest destroyers. Ferdinand V, in 1496, expressed alarm at the progressing devastation, and, in 1518, we find a system of forest guards established, and even ordinances ordering reforestation of waste lands, which were again and again repeated during the century. In 1567 and 1582, notes of alarm at the continuing destruction prove that these ordinances had no effect. The same complaints and fears are expressed by the rulers during the 17th and 18th centuries, without any effective action. In 1748, Ferdinand VI placed all forests under government supervision, but in 1812, the Cortes of Cadiz, under the influence of the spirit of the French Revolution, rescinded these orders and abolished all restrictions.

An awakening to the absolute necessity of action seems not to have arrived until about 1833, when a law was enacted and an ordinance issued, at great length defining the meaning of “montes,” and instituting in the Corps of Civil Engineers a forest inspection. At the same time, a special school was to be established in Madrid. This last proposition does not seem to have materialized, for, in 1840, we find that several young men were sent to the forest school at Tharandt (Germany).

No doubt, under the influence of these men on their return, backed by _La Sociedad Economica_ of Madrid, a commission to formulate a forest law was instituted in 1846, and in the same year, carrying out ordinances of 1835 and 1843, a forest school was established at Villaviciosa de Odon, later (1869) transferred to the Escurial near Madrid. This school, under semi-military organization, first with a three-year, later a four-year, course, and continually improved and enlarged in its curriculum (one Director and 13 professors in 1900), is the pride of the Spanish foresters, to all appearances deservedly so. It was organized after German models by Bernardo della Torre Royas as first Director.

The creation of a forest department, however, _Cuerpo de Montes_, had to wait until 1853. This department, under the Minister of Public Works (now under the Minister of Agriculture), is a close corporation made up of the graduates of the school as _Ingenieros de Montes_, acceptance into which is based upon graduation and four years’ service in the forest department as assistants besides the performance of some meritorious work. The school stands in close relation to the department service.

The first work of the new administration was a general forest survey to ascertain conditions, and especially to determine which of the public forests, under the laws of 1855 and 1859, it was desirable to retain. The investigation showed that there was more forest (defined as in the above classification) than had been supposed, but that it was in even worse condition than had been known. The public forests, i.e., those owned by the State, the communities and public institutions, were divided into three classes according to the species by which formed, which was the easiest way of determining their location as regards altitude, and their public value; namely, the coniferous forest and deciduous oak and chestnut forests, which were declared inalienable; the forests of ash, alder, willow, etc., naturally located in the lower levels, therefore without interest to the state, which were declared salable; and an intermediate third class composed of cork oak and evergreen oak, whose status as to propriety of sale was left in doubt. In 1862, a revision of this classification left out this doubtful class, adding it and the forest areas of the first class which were not at least 250 acres in extent to the salable property. The first class, which was to be reserved, was found to comprise nearly 17 million acres (of which 1.2 million was owned by the State), while the salable property was found to be about half that area.

Ever since, a constant wrangle and commotion has been kept up regarding the classification, and repeated attempts, sometimes successful, have been made by one faction, usually led by the Minister of Finance, to reduce the public forest area (_desamortizadoro_), opposed by another faction under the lead of the forest administration, which was forced again and again to re-classify. In 1883, the alienable public forest area was by decree placed under the Minister of Finance, the inalienable part remaining under the Minister of Public Works (_Fomento_); very much the same as it was in the United States until recently. The public debt and immediate financial needs of the corporations gave the incentive for desiring the disposal of forest property, and, to satisfy this demand, it was ordered, in 1878, that all receipts from the State property and 20 per cent. of the receipts from communal forests were to be applied towards the extinguishment of the debt.

The ups and downs in this struggle to keep the public forests intact were accentuated on the one hand by the pressing needs of taking care of the debt, on the other hand by drought and flood. Thus, in 1874, the sale in annual instalments of over 4.5 million acres in the hands of the Minister of Finance was ordered, but the floods of the same year were so disastrous, (causing 7 million dollars damage, 760 deaths, 28,000 homeless), being followed by successive droughts, that a reversion of sentiment was experienced, which led to the enactment of a reboisement law in 1877. This law, having in view better management of communal properties, ordered with all sorts of unnecessary technical details, the immediate reforestation of all waste land in the public forests, creating for that purpose a corps of 400 cultivators (_capatacas de cultivos_). To furnish the funds for this work the communities were to contribute 10 per cent. of the value of the forest products they sold or were entitled to. But funds were not forthcoming, and, by 1895, under this law only 21,000 acres had been reforested (three-fourths by sowing).

The financial results of the management of the public forests, although the forest department probably did the best it could under the circumstances, had, indeed, not been reassuring. In 1861, a deficit of $26,000 was recorded; in 1870, $600,000 worth of material was sold, 1.3 million dollars worth given away, and $700,000 worth destroyed. Altogether, by fire and theft, it was estimated that 15 per cent. of the production was lost. In 1885, this loss was estimated at 25 per cent., when the net income had attained to 15 cents per acre, or, on the 17.5 million acres to less than three million dollars.

When it is considered that the governors of provinces and their appointees, besides the village authorities, had also a hand in the administration, it is no wonder that the forest department was pretty nearly helpless. While, under the law of 1863, the department was specially ordered to regulate the management of communal forests and to gauge the cut to the increment, the political elements in the administration, which appointed the forest guards, made the regulations mostly nugatory.

At last, in 1900, a new era seems to have arrived, a thorough reorganization was made, which lends hope for a better future. The technical administration was divorced from the political influence and placed under the newly created Minister of Agriculture. The machinery of the _Cuerpo de Montes_ was remodeled. This consists now of one Chief Inspector-General, four Division Chiefs, ten Inspectors-General for field inspection, 50 chief engineers of district managers, 185 assistants, and 342 foresters and guards, the latter now appointed by the department, instead of the Governors, and not all, as formerly, chosen from veteran soldiers. The better financial showing referred to above was the result.

In 1910, a special reboisement service, the _Servicio Hidrological Forestal_, was also placed on a new footing, the country being divided into ten districts for this purpose, and an engineer placed in charge of each. But from a statement that, in 1910, of some 300,000 acres planned to be recovered only 31,000 had been completed it may be inferred that financial difficulties still retard the work.

Private forests, which had been without any interference, were, in 1908, placed under government control so far as located within a defined protective zone (_zona protectora dasocratica_). Such must be managed under plans provided by the Forest Service, and in case of refusal on the part of owners expropriation proceedings are provided, but the money for taking advantage of this provision would probably not be in the Treasury. Indeed, according to Professor Miguel del Campo at the Escurial forest school, results so far are nil.

* * * * *

Since 1896, popular education is attempted through Arbor days, various associations fostering the idea; in 1904, _La Fiesta del Arbol_ was made a national holiday, and premiums are distributed for plantations made on that day.

The _Revista de Montes_, a semi-official monthly journal, began its publication in 1877, and serves the purpose of propaganda, as well as the professional needs. A considerable book literature is also developed.

PORTUGAL.

A pamphlet written for the International Exposition at Rio de
Janeiro in 1908, contains a chapter written by a forester, Borges,
which gives most recent and authentic information.

Besides notes scattered through the literature, an article by L.
Pardée, a French botanist, in Revue des Eaux et Forêts, 1911, gives
an extensive description of forest conditions and especially of the
forest of Leiria.

The small kingdom which occupies the west coast of the Iberian peninsula, with 34,000 square miles and 6 million people, is in many respects similar to Spain, except that a larger portion is fertile, being situated in the litoral region, the climate less excessive, and the people somewhat more enterprising. Not much more than one-half of the country, however, is utilized; nearly 15,000 square miles being waste.

Three sections or zones are recognized, the northern, bounding on Spain which is mainly mountainous but also contains extensive sand dunes, is the best wooded; the central, which is hilly and less well wooded, contains (in Estremadura and Beira) one of the most desolate regions of Europe and at the same time the best managed forest; the southern, the richest in farm lands, with semi-tropic climate and flora, the zone of evergreen broadleaf flora.

About 10% of the land area, or 4 million acres are under forest, although 2 million more are wooded with olive, fig, almond plantations, or open woodlands and brushwood. Of the actual forest area the State owns only 82,000 acres, 30,000 of which reforested areas or sand dunes in process of recovery.

The composition is nearly one-half of pine (_Pinus maritima_ and _pinea_), one-fifth, cork oak “with pastures,” a little over one-fifth, other evergreen oaks “with pastures,” and the balance, chestnut and deciduous oaks.

The fact of the extensive private ownership and the reference to the pastures in the enumeration of forest areas suffice to give an idea of the condition of most of them. The oak forest is also to a large extent still used for hog raising.

Besides the native forest areas, there are in existence a number of parks and plantations of exotics, the climate of Portugal in parts resembling that of California and permitting a wide range of introductions, even tropical. There is perhaps nowhere such a good opportunity of seeing the most varied forest flora in fine development as the forest parks of Montserrate, of Bussaco, and in the various botanical gardens.

Extensive Eucalyptus and Acacia plantations, some 1500 acres, of high economical value, near Abrantés, are the enterprise of a private landowner, W. C. Tait.

The deficiency of wood supplies is covered by an importation of about 1.5 million dollars against which there is an export of a little over half a million, mainly cooperage stock. The best developed forest industry is the growing of cork giving rise to an export of around 5 million dollars. A considerable naval store production is also developed.

* * * * *

The first attempt at a real management of the State’s property dates from 1868; a regular organization, however, did not take place until 1872, when, under the Director-General of Commerce and Industries, a forest administrator with a technical staff of three division chiefs, corresponding to the three sections of country, and six forestmasters were installed.

At present, the staff of the Inspector consists of 8 technically educated assistants, each in charge of some branch of service. Under these, there are a number of field agents or supervisors (some 14 in 1903) with less education, and underforesters and guards.

The only really well managed forest, the pride of the Portuguese foresters, is the forest of Leiria in Estremadura, a planted pinery of about 25,000 acres, on which over 50 men of various grades are employed, with naval store distilleries, impregnating works, and saw mills. Its management (in natural seed tree system) dates from 1892.

Besides attending to the management of the State forests, a committee composed of the administrator and some of the technical staff, were to examine the country and decide what parts needed reforestation. As a result of a very full report, in 1882, a reboisement law was enacted under which some of the sand dunes were fixed.

In 1903, a more thorough organization of this work took place, which, with liberal appropriations, promises more rapid progress.

This law recognizes two ways of placing private property under a forestry regime, namely obligatory and facultative or voluntary. Territory in the mountains and on dunes may if deemed by the superior Agricultural Council as requiring it from the point of view of public utility be placed under the regime by royal decree. Or else private owners may ask to have their properties so placed, either merely securing police protection, obligating themselves to keep the property wooded, or working under a working plan or reforestation plan provided by the Forest Service.

In either case the owner is obliged to pay the guards and at the rate of about 2 cents per acre for the working plans. Planting material is furnished free or at cost price, and exemption from taxes for 20 years is granted for reforested lands. Expropriation of waste lands declared as of public interest is provided, if owners object to enforced reforestation. Some 275,000 acres have so far been placed under the forestry regime.

There are provisions for forestry education in the School of Agriculture at Lisbon, or the education for the higher positions in the forest service may be secured at German or French forest schools, and some have secured it at Vallambrosa.

GREAT BRITAIN AND HER COLONIES.

_Historical Inquiries concerning Forests and Forest Laws_, by
PERCIVAL LEWIS, 1811, gives a full account of the practices in the
old ban forests.

_English Forests and Forest Trees_, 1853, anonymous, gives an
interesting account of the old ‘forests’ and their history.

_Our Forests and Woodlands_, by JOHN NISBET, 1900, has a chapter on
the historical development of forest laws.

WM. SCHLICH, Manual of Forestry, vol. I, 3d ed., 1906, brings in
convenient form an account of conditions in various parts of the
British Empire.

SCHWAPPACH, _Forstliche Zustände in England_, Zeitschrift für Forst-
und Jagdwesen, 1903, is an account of forest conditions from the pen
of a practical observer.

B. RIBBENTROP, Forestry in India, 1900. Also various reports of the
forest departments of the various British Colonies.

It is a remarkable fact that the nation which can boast of the most extensive forest department in one of her colonies, has at home not yet been able to come to an intelligent conception even, not to speak of application, of proper forest policy or forest economy.

One of the English authorities on the subject writes still in 1900: “With so much land of poor quality lying uncultivated in many parts of the British Isles, the apathy shown towards forestry in Britain is one of the things that it is impossible to understand.”

If we should venture to seek for an explanation, we would find it in geographical and physical conditions, but still more in personal and political characteristics, historically developed, such as also in the United States make progress of forestry slower than it would otherwise be.

Due to her insular position with which in part the development of her naval supremacy is connected, England can readily supply her needs by importations. Situated within the influence of the Gulf stream, the climate is much milder than her northern location would indicate, and is in no respect excessive. The topography is mostly gentle, except in Scotland and Wales, and the riverflow even all the year. Hence the absence of forestcover has not been felt in its physical influences.

Britons, Picts, Scots, Scandinavians, Anglo-Saxons and Normans are the elements which have amalgamated to make the English people. Through endless warfare and political struggle the three countries, England, Scotland and Ireland had, by the year 1600, come under one ruler, although final legislative union with Scotland did not take place until 1707, and with Ireland not until 1800.

Theoretically, forming a constitutional monarchy, practically, an aristocracy with republican tendencies, the history of the islands has been a struggle, first to establish race supremacy, then to secure the ascendency of the nobility and landholders over the king and the commoners, in which the former have been more successful than the barons in other parts of Europe.

Politically, the Englishman is an individualist, jealous of his private interests and unwilling to submit to government interference for the public welfare. Hence, State forestry, which is finally the only solution of the forestry problem, appears objectionable. Commercial and industrial enterprise rather than economic development appeals to him; the practical issue of the day rather than demands of a future and systematic preparation for the same occupy his mind. He lacks, as Mr. Roseberry points out, scientific method, and hence is wasteful. Moreover, he is conservative and self-satisfied beyond the citizens of any other nation, hence if all the wisdom of the world point new ways, he will still cling to his accustomed ones. In the matter of having commissions appointed to investigate and report, and leaving things to continue in unsatisfactory condition he reminds one of Spanish dilatoriness. These would appear to us the reasons for the difficulty which the would-be reformers experience in bringing about economic reforms.

1. _Forest Conditions._

Cæsar’s and Strabo’s descriptions agree that Great Britain was a densely wooded country. The forest area seems to have been reduced much less through long-continued use, than through destruction by fire and pasture, and by subsequent formation of moors, so that it is now, excepting that of Portugal, the smallest of any European nation in proportion to total area, and, excepting that of Holland, in proportion to population.

Of the 121,380 square miles, which Great Britain and Ireland represent, less than 4 per cent., or 3 million acres, (880,000 in Scotland, 303,000 in Ireland) are forested, one-fourteenth of an acre per capita; but there are nearly 33% of waste lands, namely over 12 million acres of heaths, moors and other waste lands capable of forest growth, and another 12 million acres partly or doubtfully so, while the agricultural land in crops and pasture comprises about 48 million acres. The waste areas re-forested, it is believed, could meet the consumption now supplied by importations. Notably in Scotland, extensive heaths and moors of many hundred square miles in the Northern Highlands and the Grampian mountains--well wooded in olden times, the woods having been eradicated supposedly for strategic reasons--are now without farms or forests, and are mainly used for shooting preserves. In the last thirty years, the land under tillage has continuously decreased, and now represents less than 25 per cent. of the whole land area, grasslands occupying 38 per cent.

The agricultural land as well as the mountain and heath lands, are to the largest extent owned by large proprietors (in 1876, 11,000 persons owned 72 per cent. of the total area of the British Islands). With the exception of 67,000 acres of crownlands, the entire forest area is owned privately, and that mostly by large landed proprietors, there being no communal ownership, except that the municipality of London owns a forest area (Epping Forest) devoted to pleasure, and the Water Board of Liverpool has begun to plant some of its catchment basins.

Practically the entire wood supply is imported, and the rate of importation is rapidly increasing. While in 1864 it was 3.4 million tons, in 1892, 7.8 million tons worth 92 million dollars; in 1899, 10 million tons and 125 million dollars; in 1902, it had grown to 138 million dollars, and in 1906 to 141 million (700 million cubic feet) in which $7.4 million of wood manufactures, against which an export of $19 million mainly wood manufactures, must be offset. This makes England the largest wood importer in the world, Germany coming next, and the amount paid to other countries exceeds the value of her pig iron output. Nearly 90 per cent. of the import is coniferous material, from Sweden, Russia and Canada. The home product, mostly oak ties, mineprops, etc., satisfies about one-sixth of the consumption. In addition to timber and lumber, over 10 million dollars of wood pulp, and 60 million dollars of by-products are imported. The total wood consumption per capita is between 12 and 14 cubic feet, half of what it was 50 years ago.

* * * * *

Pine is the only native conifer of timber value, and oak is the most important native deciduous tree, found mostly in coppice or in old, overmature, straggling pasture woods. Compact larger forest areas are entirely absent, but there are many small plantations and parks. For, while Englishmen have not been foresters, they have been active treeplanters, and the mild climate has permitted the introduction of many exotics, especially American conifers. Most of these plantings have been for park and game purposes. The most noted forest plantations are found in Scotland, among them the larch plantations of the Duke of Athole (begun in 1728), of at one time over 10,000 acres, the ducal woodlands now covering over 20,000 acres; the pinery of 25,000 acres, belonging to the Countess of Sealfield, the best managed forest property, partly in natural regeneration, and others. But these plantations too are mostly widely spaced and trimmed, hence not producing timber of much value, so that timber of British production is usually ruled out by architects.

2. _Development of Forest Policies._

The Saxons and Normans were primarily hunters, and this propensity to the chase has impressed itself upon their forest treatment into modern times.

The Teutonic Saxons undoubtedly brought with them the feudal and communal institutions of the Germans, under which territory for the king’s special pleasure in the chase was set aside as ‘forest’, and this exclusive right and privilege was on other territory extended to the vassals, while the commoners were excluded from the exercise of hunting privileges on these grounds.

The Normans not only increased the lands under ‘ban’, but they increased also in a despotic manner the penalties and punishments for infraction of the forest laws, and enforced them more stringently than was done on the continent. The feudal system was developed to its utmost. Besides ‘forests’ in which the king alone had exclusive rights, and in which a code of special laws, administered under special courts, was applied, there were set aside ‘chases’, hunting reserves without the pale of the forest laws; ‘parks’, smaller, enclosed hunting grounds; and ‘warrens’, privileged by royal grant or prescription as preserves for small game. Whole villages were wiped out, or lived almost in bondage to satisfy this taste for sport. In the ‘forests’, of which in Elizabeth’s time not less than 75 distinct ones were enumerated, withdrawing an immense area from free use, both ‘vert’ and ‘venison’,--wood and game,--belonged to the king; a host of officers,--stewards, verderers, foresters, regarders, agistors, woodwards,--exercised police duties, and oppressed and ground the people by extortions, while special courts,--‘woodmote’, ‘swainmote’, ‘court of justice seat’,--enforced the savage and cruel laws. The first of these laws was supposed to date from Canute the Great, in 1016, but was eventually found to be a forgery perpetrated by William I in order to lend historical color to his assertion of ‘forest’ rights.

A partial reduction of forests, and a modification of the cruelty and unreasonableness of the laws was obtained by the _Charta de Foresta_, in 1225, which formulated the laws into a code, and again by the Forest Ordinance of 1306. But not until 1483, under Edward IV, were the people living within ‘forests’ permitted to cut and sell timber, and to fence in for seven years portions of the reserved territory. The last territory was ‘afforested’, i.e., withdrawn for purposes of the chase, under Henry VIII, but he had to secure the consent of the freeholders. The Long Parliament, in 1641, stopped at least the extension of forests, and modified the application of the laws to a more reasonable degree.

The forest laws are still on the statutes, but have fallen into desuetude; the last ‘forest court of justice seat’ was held under Charles I. The ‘forests’ themselves have also almost entirely vanished, some being abolished as late as Queen Victoria’s time, by act of parliament, but the last action under the ‘forest laws’ was had in 1862 when the Duke of Athole tried to establish his right as ‘forester’ for the crown. A full account of the forest laws is contained in Manwood’s volume, the title page of which is here reproduced.

A
TREATISE OF THE LAWES OF THE FO-
rest: Wherein is declared not onely
_those Lawes, as they are now in force, but also the ori-_
ginall and beginning of Forests: And what a Forest is in
his owne proper nature, and wherein the same doth dif-
fer from a Chase, a Parke, or a Warren, with all such
things as are incident or belonging there into, with
their seuerall proper tearmes of Art.

ALSO A TREATISE OF THE
Pourallee, declaring what Pourallee is, how the
same first began, what a Pourallee man may do, how he may hunt
and vse his owne Pourallee, how farre he may pursue and fol-
low after his chase, together with the limits and bounds, as
well of the Forest, as the Pourallee.

Collected, as well out of the Common Lawes and
_Statutes of this land, As also out of sundrie learned auncient Au_-
thors, and out of the Assises of Pickering and Lancaster,
by IOHN MANVVOOD.

_Whereunto are added the Statutes of the Forest, a Trea_-
tise of the seuerall offices of Verderors, Regardors, and Fore-
sters, & the Courts of Attachments, Swanimote, & Iustice seat
of the Forest, and certaine principall Cases, Iudgements,
and Entries of the Assises of Pickering and Lan-
caster: neuer heretofore printed for
the publique

LONDON,
Printed for the Societie of Stationers,
_Anno Dom._ 1615.

_Cum Priuilegio._

Facsimile of Title page of Manwood’s celebrated volume.

(Original, the property of Mr. Joly de Lotbinière).]

In Scotland the same usages and laws existed, only very much less rigorously enforced, until, in 1681, the extension of ‘forests’ was discontinued by parliamentary act.

It will be understood that the term forest did only distantly refer to woodland and that no economic policy had anything to do with the laws. Only incidentally was forest growth protected and preserved for the sake of the chase--the same medieval policy which still largely animates the forest policy of the State of New York.

The woods outside the ‘forests’, which had mainly served for the raising of hogs, and for domestic needs, experienced at various times unusual reduction by fire. General Monk, among others, laid waste large areas on the Scottish borderland in Cromwell’s time.

The first serious inroads by extensive fellings occurred under Edward III in the first half of the 14th century to enrich the treasury for the French wars. Again, Henry VIII in the 16th century, when he seized the church properties for his own use, turned them into cash. A hundred years later, James I reduced the forest area, especially in Ireland, by his colonization schemes. Yet both, Henry VIII and James I, are on record as encouraging forest planting for utility. Charles I, James’ successor, always in need of cash, alienated many of the crown forests, and turned them into cash, besides extorting money through the forest courts. During the Revolution, beginning in 1642, and during Cromwell’s reign a licentious devastation of the confiscated or mortgaged noblemen’s woods took place.

Finally, under Charles II, the needs for the royal navy forced attention to the reduction of wood supplies, and as a result of the agitation to encourage the growth of timber, a member of the newly formed Royal Society was deputed to prepare an essay, which, published in 1662, has become the classic work of English forest literature, namely John Evelyn’s _Sylva_, or “_A Discourse of Forest Trees_,” which has experienced eleven editions. It should, however, be mentioned that an earlier writer, whom Evelyn often quotes, Tuffer, before the reign of Elizabeth, in 1526, published his “Five Hundred Points of Husbandry,” a versification in which treeplanting received attention. Ever since that time, periodically and spasmodically, the question of forestry has been agitated, without much serious result.

From 1775 to 1781, the Society of Arts in London offered gold medals and prizes for treeplanting, and in the beginning of the 19th century a revival of arboricultural interest was experienced, perhaps as a result of an interesting report by the celebrated Admiral Nelson on the mismanagement of the forest of Dean, concern for naval timber giving the incentive, in which he recommended the planting of oak for investment.

At that time, a Surveyor-General, with an insufficient force, was in charge of the crown forests. In 1809, the management was placed under a board of three Commissioners, one of whom being a member of the parliament was to be changed with the administration. Under this management, graft became so rampant that, in 1848, a committee of the House of Commons was appointed, whose report revealed the most astonishing rottenness, placing a stigma on government management such as we still uncover in the United States from time to time. A reorganization took place in 1851. At that time the royal forests and parks, reduced in extent to about 200,000 acres, showed a deficiency of $125,000, mostly, to be sure, occasioned by the parks. There was then still a tribute of some 600 bucks to be delivered to various personages, as was the ancient usage.

At present there are some 115,000 acres classed as royal forest, but only 67,000 acres are really forest, consisting of more or less mismanaged woods, under the administration, not forest management, of the Commissioners of Woods and Forests, with Deputy Surveyors in charge of the ranges. Although there are a few notable exceptions in the management, it is to be noted that the same stupid ignorance, which introduced the clause into the Constitution of the State of New York, was enacted into law in 1877 by the English Parliament, forbidding in the New Forest all cutting and planting. In 1900, there existed just one planting plan, made by a professional forester, namely, for a portion of the forest of Dean, while now only two other State properties and two or three private estates are managed under working plans.

In 1887, a Committee appointed to inquire into the administration of this property, expressed itself most dissatisfied, but a Committee of Parliament in 1890 whitewashed the administration and reported that the management was satisfactory.

These committees, as well as an earlier one, in 1885, were also to recommend measures for the advancement of forestry. They laid in their recommendations the main stress upon education, but no action followed, and it can be said that the government has never done anything for the advancement of forestry in the home country, whatever it may have done for the dependencies. A Departmental Committee again reported in 1902 with all sorts of recommendations, which have remained unheeded.

The interests of forestry as far as the government is concerned are at present committed to the Board of Agriculture, an unwieldy body created in 1889, from which this Departmental Committee was appointed. There is now, however, a strong movement on foot, led by foresters returned from India, to commit the government to some action with reference to the waste lands, and towards providing for educational means.

Another committee, appointed in 1908 to enquire into prospects of afforestation in Ireland, reported in favor of acquiring 300,000 acres of wood and 700,000 acres of unplanted land, dwelling especially on the benefit to be secured by providing employment and a check upon emigration of the rural population. Instead of acting upon this proposition the government directed the Royal Commission on Coast Erosion, which had issued its first report in 1907, to suspend its inquiry into the inroads of the sea and apply themselves to the inquiry as to “whether in connection with unclaimed lands or otherwise it is desirable to make an experiment in afforestation as a means of increasing employment during periods of depression, and how, and by whom such experiment should be conducted.”