The United States Forest Policy
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THE UNITED STATES FOREST POLICY PUBLISHED ON THE FOUNDATION ESTABLISHED IN MEMORY OF WILLIAM McKEAN BROWN AFFIRMATIVE VOTE NEGATIVENOT VOTING VOTE HOUSE VOTE ON THE WEEKS BILL THE UNITED STATES FOREST POLICY BY JOHN ISE, PH. IJ., LL. B. ASSOCIATE PROFESSOR OF ECONOMICS UNIVERSITY OF KANSAS NEW HAVEN YALE UNIVERSITY PRESS LONDON HUMPHREY MILFORD OXFORD UNIVERSITY PRESS MDCCCXX COPYRIGHT, 1920, BY YALE UNIVERSITY PRESS THE WILLIAM McKEAN BROWN MEMORIAL PUBLICATION FUND TilE present volume is the second work published by the Yale Uni- versity Press on t'he William McKean Brown Memorial Publication Fund. This Foundation was established by gifts from members of his family to Yale University in memory of William McKean Brown, of Newcastle, Pennsylvania, who was not only a leader in the develop- ment of his community, but who also served the commonwealth as state senator and later as lieutenant governor of Pennsylvania. To My Mother PREFACE TilE history of the United States is fundamentally a history ofrapid exploitation of immensely valuable natural resources,. The possession and exploitation of these resources have given most of the distinctive traits to American character, economic devel9pment, and even politi- cal and social institutions. Whatever preeminence the United States may have among the nations of the world, inindustrial activity, effi- ciency and enterprise, in standards of comfort in living, in wealth,and even in such social and educational institutions as aredependent upon great wealth, must be attributed to the possession of these great nat- ural resources; and the maintenance of our preeminence in, these respects is dependent upon a wise and economical use of remaining resources. Thus the question of conservation is oneof the most impor- tant questions before the American people, and if the presentstudy throws even a weak and flickering light upon that question, its publication will be abundantly justified. The writer acknowledges a heavy obligation to some of his teachers, friends and colleagues for helpful criticism and suggestions. The work was begun under the direction of ProfessorCharles J. Bullock of Har- vard University, and thanks are due him for searching criticism and suggestions, and for kindly help and encouragement. The writer owes much also to Professor Frederick J. Turner, Professor John M. Gries, and Dean E. F. Gay, of Harvard University, and to colleagues at the Iowa State CollegeProfessor L. B. Schmidt, Professor John E. Briridley, Professor G. B. McDonald, and Professor J. J. Reighard. Professor F. H. Hodderof the University of Kansas offered valuable suggestions 'regarding some points in American history, and Doctor R. M. Woodbury read several chapters and submitted many able criticisms. The writer wishes also to acknowledge valuable suggestions from Mr. R. S. Kellogg, regarding points touching the lumber industry, 12 UNITED STATES FOREST POLICY and from Gifford Pinchot, William L. Hall, and HerbertA. Smith, regarding the work of the Forest Service. Thanksare due particularly to Editor Herbert A. Smith of the Forest Service fora careful read- ing of the manuscript, and formany suggestions and criticisms of the greatest value. Others to whom acknowledgment is due for advice and help, are Doctor Charles Walcott of the Smithsonian Institute, Doctor B. E. Fernow of Toronto University, and Senator Pettigrew of Sioux Falls, South Dakota. In making acknowledgment to those who have assisted in thepre- paration of this book, the writer ventures the hope that these friends will not have to share in the responsibility forany faults that may appear in the work. CONTENTS CHAPTER I: OUR FORESTS PRIOR TO 1878: THE PERIOD OF BEGINNINGS. 19 The Early Settlers and the Forests: The United States Naval Reserves: Gen- eral Indifference in the Early National Period: Early Conservation Sentiment: Interest Shown by Government Officials: State Action: Action of the Associa- tion for the Advancement of Science: Early Interest in Timber Culture: State Timber Culture Laws: Tree Planting by the Railroads: Congressional Action; Factors at Work: Conservation Activity in Congress: The Timber Culture Act: The First Forest Reserve Bill: Unfavorable Legislation not Applying Spe- cifically to Timber: Swamp Land Grants: Other State Grants: The Preemption, Commutation Homestead, and Desert Land Laws: Public Sale: Railroad Land Grants: Unfavorable Legislation Applying Specifically to Timber: The Free Timber and Timber and Stone Acts: Conclusion. CHAPTER II: THE PERIOD.FROM 1878 TO 1891: FROM THE PASSAGE OF THE TWO TIMBER ACTS TO THE FOREST RESERVE ACT: WHOLESALE TIMBER STEAL- ING . 62 The Free Timber Act, Provisions and Interpretation: Evil Effects: Extension of Free Timber Privileges: The Timber and Stone Act; Provisions: Frauds under the Timber and Stone Act: Extension of the Provisions of the Act: Extensive Timber Stealing: Trespass by Railroads: Efforts to Protect the Public Timber: The "Bill to License Timber Thieves": Difficulties in the Way of Timber Pro- tection: Growth of Conservation Sentiment: Forestry Associations: State Action: Other Indications of Conservation Interest: Congressional Action not Specifi- cally Relating to Timber Lands; the Public Lands Commission and the General Revision Act of 1891: Failure of the Timber Culture Act: Appropriations to Prevent Fraudulent Entries: Abolition of Private Sale in the South: Indirect Encouragement to Timber Stealing: The Failure to Forfeit the Railroad Grants: The Railroad Attorney Bill: Timber on Indian Reservations: Appropriations for Timber Protection: Efforts to Secure Land Grants for Forestry Schools: Appro- priations for FOrestry Investigations: The Forest Reserve Act: Early Advo- cates of Forest Reserves: Congress and the Question of Forest Reserves: The Passage of the Forest Reserve Act. CHAPTER Ill: THE FOREST RESERVES FROM 1891 TO 1897: NEED OF PROTECTION AND ADMINISTRATION119 The Situation in 1891: The Creation of New Reserves: The Need for Pro- tection of the Reserved Lands: Efforts in Congress to Secure Better Protec- 14 UNITED STATES FOREST POLICY tion: The McRae Bill: The Commission of the National Academy of Sciences; and Cleveland's Proclamations of February 2, 1897: Previous Hostility toward the Reserves: The Attack of 1897: The Forest Lieu Section: The Act of 1897. CHAPTER IV: THE FOREST RESERVES SINCE1897:THE PERIOD OF CONSERVATION ACTIVITY . 143 The "Golden Era" of Forest Conservation Activity: Public Opinion and Conser- vation: State Conservation Activity: Education in Forestry: Forestry JournaLs and Forestry Societies: Other' Indications of Conservation Sentiment: Broaden- ing Scope of the Conservation Movement: The Public Lands Commission: The Waterways Commission and the Conference of Governors: The National Con- servation Commission: Increase in Appropriations for Forestry Purposes: Trans- fer of the Reserves to the Department of Agriculture: Opposition to Increased Appropriations: Creation of New Reserves: Improvement of the Forest Fire Law: Authority to Arrest Trespassers without Process. CHAPTER V: THE FOREST RESERVES SINCE1897(con- tinued): ANTI-CONSERVATION ACTIVITY . 164 Anti-conservation Activity: Factors Tending to Arouse Western Hostility; Agricultural Lands in the Forest Reserves: The Lacey Bill: Grazing in the Forest Reserves: Efforts to Open the Reserves to Grazing: The Public Lands Convention at Denver: Aggressive 'Policy of Roosevelt and Pinchot: The Forest Lieu Act: Efforts, to Repeal the Forest Lieu Act: Lieu Selection in the San Francisco Mountains, Forest Reserve: Lieu Selection and the, Mount Ranier National Park: The Oregon Timber 'Land Frauds: Inefficiency of the Early Forest Administration: Other Causes of Western Hostility: An Expression of the Western Attitude: Efforts to Overturn the Reservation Policy: Senator Hey- burn and the Reserves: The Anti-conservation 'Attack of 1907: The Act of 1907: Anti-conservation Attacks since 1907: The Ballinger-Pinchot Controversy: The Alaska Forests. CHAPTER VI: FOREST RESERVES IN THE APPALA- CHIAN AND WHITE MOUNTAINS. 207 Early Agitation for Appalachian Reserves: The Demand for Forests in the White Mountains Increasing Scope of the Movement: The Weeks Bill: Argu- ments in Favor of the Bill: Arguments against the Bill: Influences Favoring its Passage: Opposition to the Bill: Analysis of the Final Vote: Provisions of the Weeks Law: Later Changes: Results of the Law. CHAPTER VII: THE UNRESERVED TIMBER' LAND SINCE THE PASSAGE OF THE FOREST RESERVE ACT224 The Timber and Stone Act Once More: Further Extension of Its Provisions: Unsuccessful Efforts to Repeal or Amend the Timber and Stone Act: The Suspension of Timber and Stone Entries in 1906: Sale of Burned Timber: Tim- ber Sales Without Legislative Authorization: The Free Timber Acts Again: Further Extension of Free Timber Privileges: Unsuccessful Efforts to Curtail CONTENTS 15 Free Timber Privileges: Conservation Activity in Congress Increasing Appro- priations for Timber Protection: Other Helpful Legislation: Railway Land Grants Once More: The Act of 1916: The Northern Pacific Lands. CHAPTER VIII: HOSTILITY TO THE NATIONAL FOR- ESTS IN RECENT YEARS: OPPOSITION TO THE GEN- ERAL POLICY OF RESERVATION. 254 Opposition to the General Policy of Reservation; Interference with the Develop- ment of the West: Inclusion of Agricultural Lands: Efforts to Eliminate Agri- cultural Lands; The Nelson Amendment: Justice of the Complaints Regarding the Inclusion of Agricultural Lands: The Question of Ranger Stations: Grazing in the National Forests: Mining