4. _Development of Forest Policy._

With the beginning of the 18th century we find, besides these

prescriptions against wasteful use, and ordinances regulating the

management of the properties of the princes, definite forest policies in

some sections, having in view forest preservation and improvement of

forest conditions, and also means of providing wood at moderate prices.

Between the years 1515 and 1590, most of the German States had already

enacted ordinances which had the force of general law exercising police

functions over private forest property, although in Prussia this general

legislation did not occur until 1720. The objects in view with this

legislation were entirely of a material kind: the conservation of

resources. Besides securing the rights of the _Landesherr_ to the chase,

it was to secure a conservative use of the princely as well as private

forests, since devastation of the latter would require the former to be

drawn on extravagantly; it was to stave off a timber famine, and in

certain localities to assure particularly the mining industry of their

wood supplies. There were, however, concessions made to the privileged

and influential classes of forest owners.

By the end of the 18th century, this forest police, owing to the

uncontrolled harshness and the grafting practices of the lower

officials had become the most hated and distasteful part of the

administration.

The argument of the protective influence of forest cover did not enter

into this legislation; this argument belongs to the 19th century.

Yet reboisement of torrents had already in 1788, been recognized as a

proper public measure in German Austria, although active work in that

direction was not begun until nearly a century later.

The rise of prices during the 17th and 18th centuries had been very

considerable, doubling, trebling and even quadrupling in the first half

of the 18th century. The mercantilistic doctrines of the time led,

therefore, to attempts to keep prices low by prescribing rates for wood

and in general by restricting and regulating wood commerce.

This was done especially by interdicting sale to outsiders, forbidding

export from the small territory of the particular prince; or, at least,

giving preference to the inhabitants of the territory as purchasers and

at cheaper rates.

Owing to the small size of the very many principalities, the free

development of trade was considerably hampered by these regulations.

Sometimes also wood imports were prohibited, as for instance, in

Wurttemberg, when, in 1740, widespread windfalls had occurred which had

to be worked up and threatened to overstock the market.

Wood depots under government control were established in large cities,

and the amount of wood to be used per capita prescribed, as in

Koenigsberg (1702).

In Berlin, in 1766, a monopoly of the fuel wood market was rented to a

corporation, excluding all others except by permission of the company.

This was in 1785 supplanted by government administration of the

woodyards.

Another such monopoly was created in the “Nutzholzhandelsgesellschaft”

(Workwood sales agency) for the export trade of building materials from

Kurmark and Magdeburg, which had prior right of purchase to all timber

cut within given territory, the idea being to provide cheap material for

the industries. This, too, came into the hands of the State in 1771.

In Prussia, to prevent overcharges, the Jews were excluded from the wood

trade in 1761.

The exercise of the Forsthoheit (princely supervision), originating in

the ban forests, and favored by the mercantilistic and absolutist ideas

of the 17th and 18th centuries, gradually grew until the end of the 18th

century to such an extent that the forest owners themselves were not

allowed to cut a tree without sanction of some forest official, and

could not sell any wood without permission, even down to hop-poles,

although the large landed property owners vigorously resisted this

assumption of supervisory powers. Much discussion and argument regarding

the origin of this right to supervision was carried on by the jurists

upon the basis of Roman law doctrine, and it was proved by them to be of

ancient date. The degree, however, to which this supervision was

developed varied considerably in the different parts of the empire,

according to different economic conditions. The interference, and the

protection of forests appeared more necessary, where advanced

civilization and denser population created greater need for it. We find

therefore that the restrictive policy was much more developed in the

Southern and Western territories than in the Northern and Eastern ones,

where the development begins two centuries later.

The oldest attempts of controlling private forest property are found in

Bavaria (1516), Brunswick (1590) and Wurttemberg (1614). Here, forest

properties were placed either entirely under the supervision of the

princely forest administration, or, at least, permission for intended

fellings had to be secured. Later, these restrictions were considerably

reduced in rigor (Bavaria, 1789).

In Prussia, private forest property remained free from government

interference well into the 18th century. An edict by the Great Elector,

in 1670, merely inveighs against the devastation of forests by their

owners, but refrains from any interference; and the Forstordnung of 1720

also contains only the general injunction to the owners not to treat

their forests uneconomically. But, in 1766, Frederick the Great

instituted a rigid supervision providing punishment for fellings beyond

a special budget determined by experts. Soon after the French

revolution, however, unrestricted private ownership was re-established.

Church and cloister property had always been severely supervised,

similar to the Mark and other communal forest property, under the

direction either of specially appointed officials or the officials of

the princes. Finally, in some sections (Hesse-Kassel, 1711; Baden,

1787), the management of these communal forests was entirely undertaken

by the government.

In Prussia, by the Order of 1754, the foresters of the State were

charged with the supervision of the communal forests, in which they were

to designate the trees to be felled and the cultures to be executed; but

as there was no pay connected with this additional duty and the

districts were too large, the execution of this supervision was but

indifferently performed.

In 1749, a special city forest order placed the city forests in Prussia

under the provincial governments, requiring for their management the

employment of a forester and the inspection of his work by the

provincial forestmaster.

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