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rescinded these orders and abolished all restrictions.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.