item of 1,000,000 marks annually for this purpose; and although over 22,000,000 marks and nearly 20,000 acres of land have been spent for this purpose in Bavaria, the State forests there are still most heavily burdened with servitudes.

The doctrine of the regal right to the chase, as we have seen, led to the gradual assertion of all property rights to the forest itself, or at least to the exclusive control of its use. This right found expression in a legion of forest ordinances in the fifteenth and sixteenth centuries, which aimed at the conservation and improvement of forest areas, abounding in detailed technical precepts.

At first treating the private interest with some consideration, they gradually more and more restrict free management. Prohibition of absolute clearing, or at least only with the permission of the government; the command to reforest cleared and waste places; to foster the young growth; limiting the quality of timber to be felled; preventing devastation by prohibiting the pasturing of cattle in the young growth, of the removal of the forest litter, of pitch gathering, etc., were among these prescriptions, and many others, such as prescribing the manner and time of felling, the division into regular felling lots, determination as to what is to be cut as firewood and what as building timber. Then, with the increasing fear of a reduction in supplies, followed prohibitions against exportation, against sale of woodlands to foreigners, against speculation in timber by providing schedules of prices, and from time to time entire exclusion from sale of some valuable species. Even the consumer was restricted and controlled in the manner of using wood. In medieval times, besides private forests of the King and lords, only the communal forest (allmende) was known, and small holdings of farmers were comparatively rare until the end of the Middle Ages.

The thirty years' war and the following troublesome times gave rise not only to extendedforest devastation, but also to many changes in ownership of woodlands. With the growing instability of communal organization of the "mark," division of the common property took place, and thus private ownership by small farmers came about, reducing the communal holdings. Colonization schemes by holders of large estates also led to dismemberment.

A very large amount of the mark forest came into possesssion of the princes and noblemen by force, and later possessions of the princes were increased by the secularization of the property of monasteries and churches. Until the end of the last century these domains belonged to the family of the prince, just as the right to the throne or the governing of the little dukedom, contributing toward the expenses of government.

But when, as a consequence of the French Revolution and the Napoleonic wars and subsequent changes, the conception of the rights of the governing classes changed, and in some States like Prussia much earlier, a division of domains into those which belonged to the prince's family as private property and those which were State forests was effected, so that now the following classes of forest property may be distinguished:

(1) State forests, which are administered by the government for the benefit of the commonwealth, each State of the Confederation owning and administering its own.

(2) Imperial forests, belonging to and administered for the benefit of the Empire, situated in the newly acquired province of Alsace-Lorraine.

(3) Crown forests (Fidei-commiss), the ownership of which remains in the reigning family, administered by State government, but the revenues of which are in part applicable to government expenses.

(4) Princely domains, which are the exclusive and private property of the prince.

(5) Communal forests possessed by and administered by and for the benefit of village and city communities, or even provinces as a whole.

(6) Association forests, the owners of the old "mark" forests, possessed by a number of owners, the State sometimes being part owner.

(7) Institute and corporation, school or bequest forests, which belong to incorporated institu tions, like churches, hospitals, and other charitable institutions.

(8) Private forests, of larger or smaller extent, the exclusive property of private owners. The proportions of these classes of property which existed in the beginning of the century H. Doc. 181—14

experienced considerable changes by the sale of State forests, the sales being due partly to financial distress, partly to a mistaken application of Adam Smith's theories, which supposed that free competition would lead to a better management and highest development of the forest industry as well as of other industries.

This tendency, however, was checked when the fallacy of the theory became apparent, especially with reference to a property that demands conservative treatment and involves such time element as we have seen.

The hopes which were based on the success of individualistic efforts were not realized, and although control of private action had been retained by the State authorities, this could not always be exercised, and the necessity of strengthening the State forest administration became apparent. The present tendency, therefore, is not only to maintain the State forests, but to extend their area by purchase, mostly of devastated or deforested areas and by exchange for agricultural lands from the public domain. Thus, in Prussia, the increase of State forest area has been at the rate of 14,000 acres per year since 1867.

In districts where small farmers own extensive areas of barrens a consolidation is effected, the parcels of remaining forest and the barrens are put together, the State acquires these and pays the owners either in money or other property.

In Prussia, during the decade 1882-1891, 30,000 acres were in this way exchanged for 17,000 acres, and in addition some 200,000 acres, waste or poorly wooded, purchased at an expense of $3,500,000, round numbers. During the same decade the reforestation of 80,000 acres of waste lands was effected, while nearly 75,000 acres in the State's possession remained to be reforested.

The annual budget for these reforestations of waste lands has been $500,000 for several years. The area of barrens and poor soils, only fit for forest purposes in Prussia, is estimated at over 6,000,000 acres.

The present distribution of the property classes for the whole Empire of the 35,000,000 acres of forest is about as follows, varying, to be sure, very considerably in the States of the Confederation:

The State and Crown forests are all under well-organized forest administrations, sometimes accredited to the minister of finance, sometimes to the minister of agriculture. These yield an annual net revenue of from $1 to $5 and $6 per acre of forest area, with a constant increase from year to year, which will presently be very greatly advanced when the expenditures for road building and other improvements cease.

In the State management the constant care is not to sacrifice the economic significance of the forest to the financial benefits that can be derived, and the amount cut is most conservative. The Imperial forests are of course managed in the same spirit as the several State forests. While the present communities, villages, towns, and cities are only political corporations, they still retain in some cases in part the character of the "mark," which was based upon the holding of property.

The supervision which the princes exercised in their capacity of Obermarker or as possessor of the right to the chase, remained, although based on other principles, as a function of the State when the "mark" communities collapsed, the principles being that the State was bound to protect the interest of the eternal juristical person of the community against the present trustees, that it had to guard against conflicts between the interest of the individual and that of the community in this property, and secure permanency of a piece of property which insured a continued and increasing revenue. The principle upon which the control of these communal holdings rests is then mainly a fiscal one.

The degree of control and restriction varies in different localities. Sale and partition and

clearing can mostly take place only by permission of the State authorities, and is usually discountenanced except for good reasons (too much woods on agricultural soil).

With reference to 5.6 per cent of communal forest property, this is the only control which is of a fiscal nature. The rest is more or less closely influenced in the character of its management, either by control of its technicalities or else by direct management and administration on the part of the Government.

Technical control makes it necessary that the plans of management be submitted to the Government for sanction, and that proper officers or managers be employed who are inspected by Government foresters. This is the most general system, under which 49.4 per cent of communal forests are managed (as well in Austria and Switzerland), giving greatest latitude and yet securing conservative management. To facilitate the management of smaller areas several properties may be combined under one manager, or else a neighboring government or private forest manager may be employed to look after the technical management.

Where direct management by the State exists, the State performs the management by its own agents with only advisory power of the communal authorities, a system under which 45 per cent of the communal forests are managed (also in Austria and France).

In Prussia this system exists only in a few localities, but it is since 1876 provided as penalty for improper management or attempts to avoid the State control.

This system curtails, to be sure, communal liberty and possibly financial results to some extent, but it has proved itself the most satisfactory from the standpoint of conservative forest management and in the interest of present and future welfare of the communities. Its extension is planned both in Prussia and Bavaria.

Sometimes the State contributes toward the cost of the management on the ground that it is carried on in the interests of the whole commonwealth. A voluntary cooperation of the communities with the State in regard to forest protection by the State forest guards is in vogue in Wurttemberg, and also in France. Institute forests are usually under similar control as the communities.

The control of private forests is extremely varying. A direct State control of some kind is exercised over only 29.7 per cent of the private forest, or 14.6 per cent of the total area, mostly in southern and middle Germany, while 70.3 per cent of the private property, or 34.5 per cent of the total forest area, is entirely without control, a condition existing in Prussia and Saxony.

As far as the large land owners are concerned, this has mostly been of no detriment, as they are usually taking advantage of rational management; but the small peasant holdings show the bad effects of this liberty quite frequently in the devastated condition of the woods and waste places. As a recent writer puts it: "The freedom of private forest ownership has in Prussia led not only to forest dismemberment and devastation, but often to change of forest into field. On good soils the result is something permanently better; on medium and poor soils the result has been that agriculture, after the fertility stored up by the forest has been exhausted, has become unprofitable. These soils are now utterly ruined and must be reforested as waste lands.

Need, avarice, speculation, and penury were developed into forest destruction when in the beginning of this century the individualistic theories led to an abandonment of the control hitherto existing, and it was found out that the principle so salutary in agriculture and other industries was a fateful error in forestry.

Where control of private forests exists it takes various forms:

(1) Prohibition to clear permanently or at least necessity to ask permission exists in Wurttem berg, Baden, and partially in Bavaria. (Protection of adjoiners.)

(2) Enforced reforestation within a given time after removal of the old growth and occasionally on open ground where public safety requires.

(3) Prohibition of devastation or deterioration-a vague and undefinable provision.

(4) Definite prescription as to the manner of cutting (especially on sand dunes, river courses, etc.).

(5) Enforced employment of qualified personnel.

In addition to all these measures of restriction, control and police, and enforcement, there

should be mentioned the measures of encouragement, which consist in the opportunity for the education of foresters, dissemination of information, and financial aid.

In the latter respect Prussia, in the decade 1882-1892, contributed for reforestation of waste places by private owners $335,000, besides large amounts of seeds and plants from its State nurseries. Instruction in forestry to farmers is given at twelve agricultural schools in Prussia. In nearly all States permission is given to Government officers for compensation, to undertake at the request of the owners the regulation or even management of private forest property.

For the education of the lower class of foresters there may be some twenty special schools in Germany and Austria, while for the higher classes not only ten special forest academies are available, but three universities and two polytechnic institutes have forestry faculties.

Besides, all States have lately inaugurated systems of forest experiment stations; and forestry associations, not of propagandists but of practitioners, abound. As a result of all this activity in forestry science and practice, not less than twenty forestry journals in the German language exist, besides many official and association reports and a most prolific book literature.

E. FOREST CONDITIONS AND METHODS OF FOREST MANAGEMENT IN GERMANY, WITH A BRIEF ACCOUNT OF FOREST MANAGEMENT IN BRITISH INDIA.

FOREST AREA, EXTENT AND OWNERSHIP.

Germany, as constituted at present, has an area of 133,000,000 acres-about one-fifteenth of our country—a population of about 47,000,000, or less than 3 acres per capita, or only one-tenth of our per capita average. Its forests cover 34,700,000 acres, or 26 per cent of the entire land surface. A large portion of the forests cover the poorer, chiefly sandy, soils of the North German plains, or occupy the rough, hilly, and steeper mountain lands of the numerous smaller mountain systems, and a small portion of the northern slopes of the Alps. They are distributed rather evenly over the entire Empire. Prussia, with 66 per cent of the entire land area, possesses 23.5 per cent of forest land, while the rest of the larger States have each over 30 per cent, except small, industrious Saxony, which lies intermediate, with 27 per cent of forest cover.

Considering the smaller districts of Prussia, Bavaria, and the smaller States, it is found that out of 64 provinces and districts, 18 have less than 20 per cent forest; 18 have from 20 to 29 per cent; 23, including the greater part of the country, have from 30 to 39 per cent, and 5 of the smaller districts have from 40 to 44 per cent of forest. The districts containing less than 20 per cent of forests are, as might be supposed, mostly fertile farming districts in which the plow land forms over 40 per cent of the land, but they also include neglected districts like Hanover and Luneburg, where a former shortsighted, selfish, and improvident policy has led to the deforestation of poor, flat lands, which have gradually been transformed into heaths, where an accumulation of bog-iron ore, and other obstacles render the attempts at reforestation difficult, expensive, and unsatisfactory. Left to forests, these same lands, which now are unable to furnish support to farmers or to produce a revenue to their owner, could easily pay the taxes and interest on a capital of $50 to $100 per acre. To reforest them now costs $10 to $50 per acre and requires a lifetime before any returns can be expected.

Since it is one of the common claims in the eastern United States that the land is all needed for agriculture, and since it will be conceded that in hardly any State east of the Mississippi much land necessarily remains untilled, it may be of interest to note that in this densely populated Empire of Germany out of 67 districts and provinces the plow land forms less than 20 per cent in 4 districts, 30 to 39 per cent in 10 districts, 40 to 49 per cent in 26 districts, 50 to 59 per cent in 20 districts, and 60 to 69 per cent in 7 districts, in spite of the fact that a large part of the forests are in private hands and would be cleared if the owners saw fit to do so.

In our country the total area in farms is only 18 per cent at present.

Of the total of 34,700,000 acres of forest land (an area about as large as the State of Wisconsin) 32.7 per cent belongs to the several States as State property; 19 per cent belongs to villages, towns, and other corporations, and 50 per cent to private owners, a considerable part of this being in large estates of the nobility.

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