6. _Forest Administration._

About the middle of the 18th century the recognition of the importance

of forestry led to a severance of the forest and hunting interests, and

it became the practice to place the direction of the former into the

hands of some more or less competent man--a state forester--usually

under the fiscal branch or treasury department of the general

administration. Fully organized forest administrations, in the modern

sense, however, could hardly be said to have existed before the end of

the Napoleonic wars (1815) which had undoubtedly retarded the peaceful

development of this as well as of other reforms.

The present organization of the large Prussian forest department in its

present form dates from 1820, when Hartig instituted the division into

provincial administrations, and differentiated them into directive,

inspection and executive services. The direction of the provincial

management was placed in the hands of an Oberforstmeister, with the

assistance of a number of Forstmeister, who acted mainly as inspectors,

each having his inspection district consisting of a number of ranges.

The ranges (100,000 to 125,000 acres) were placed in charge of

Oberförster or Revierförster, who with the assistance of several

underforesters (Förster) conducted the practical work. At first only

indifferently educated, these latter were allowed little latitude, but

with improvement in their education they became by degrees more and more

independent agents.

This tri-partite system of directing, inspecting and executive officers,

after various changes in titles and functions, finally became

practically established in all the larger German states; in some rather

lately, as for instance, in Bavaria, not until 1885, and in Württemberg

in 1887.

With this more stable organization, the character and the status of the

personnel changed greatly: the prior right of the nobility to the higher

positions, which had lasted in some States until 1848, and the practice

of making connection with military service a basis for appointment were

abolished, and, instead of Cameralists, educated foresters came

everywhere to the head of affairs. The lower service, which had been

recruited from hunters and lackeys, and which was noted for its low

social, moral and pecuniary status, was improved in all directions. The

change from incidentals in the way of fees, and natural instead of money

emolument for the lower grade foresters, (which had been the rule, and

still play a role even to date), to definite salaries, and the salutary

change of methods in transacting business, which Hartig introduced,

became general. With the development and improvement of forestry

schools, the requirement of a higher technical education for positions

in State service could be enforced. Yet only within the last twenty-five

or thirty years, has the ranking position of forest officers been made

adequate and equalized with that of other public officials of equal

responsibility, and still later have their salaries been made adequate

to modern requirement.

The central administration now lies in the hands of technical men

(_Oberlandforstmeister_) with a council of technical deputies

(_Landforstmeister_) all of whom have passed through all the stages of

employment from that of district managers up. This central office or

“division of forestry” is either attached to the department of

agriculture, or to that of finance, and has entire charge of the

questions of personnel, direction of forest schools, of the forest

policy of the administration, and the approval of all working plans,

acting in all things pertaining to the forest service as a court of last

resort. The working plans are made and revised by special commissioners

in each case, or, as in Saxony, under the direction of a special

bureau, with the assistance of the district manager. Upon the basis of

the general working plan prepared by these commissions, an annual plan

is elaborated by the district managers with consultation and approval of

the provincial and central administration. These plans contain a

detailed statement of all the work to be done through the year, the cost

of each item, and the receipts expected from each source. This annual

working plan requires approval by the provincial administration, which

is constituted as a deliberative council, consisting of a number of

Forstmeister with an Oberforstmeister as presiding officer. The titles

of these officers, to be sure, and the details of procedure vary

somewhat in different states, but the system as a whole is more or less

alike.

The district manager or Oberförster, now often called _Forstmeister_,

has grown in importance and freedom of position, although his district

has grown smaller (mostly not over 25,000 acres), and, being one of the

best educated men in the country district, he usually holds the highest

social position, although his emoluments are still moderate. He holds

many offices of an honorary character, as for instance that of justice

of the peace, and the position of states’ attorney or public prosecutor

in all cases of infraction of the forest laws. These forest laws are

still largely local, _i.e._, State laws, although the criminal code of

the empire has somewhat unified practice.

Curiously enough, wood on the stump is still not considered property in

the same sense as other things, so far as theft is concerned; the

stealing of growing timber is not even called theft, the word used in

the laws being _Frevel_ (tort), and, like other infractions against

forest laws, it is punished by a money fine, more or less in proportion

to the value of the stolen material or the damage suffered. This money

fine may be transmuted into imprisonment or forest labor, but corporal

punishment, which still prevailed in the first decades of the century,

has been abolished. Wood stealing was very general and rampant during

the beginning of the century, but improvement in the condition of the

country population and in the number and personnel of the forest

officers since 1850 has now reduced it to a minimum.

Formerly, and until 1848, the administrators and even the forest owners

acted at the same time as prosecutor, judge and executioner, and only in

1879, was this condition everywhere and entirely changed, and

infractions against forest laws adjudged by regular courts of law,

holding meetings at stated times for the prosecution of such

infractions.

Nevertheless, the court proceedings in forest matters still vary from

the usual court practice, providing a simpler, cheaper and more ready

disposal of testimony and witnesses, and quicker retribution, which is

largely rendered possible through having every forest officer under oath

as a sheriff, and his statement, and perhaps the confiscated tools

employed in the theft, being accepted as _prima facie_ evidence of the

infraction.

The social position of the underforesters and the forest protective

service has also been improved until all charges of incompetency and

immorality, which were not undeserved even until past the middle of the

nineteenth century, have become reversed; the forest service being

morally on as high a plane as all the departments of German

administrations.

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