Читать книгу A Brief History of Forestry - B. E. Fernow - Страница 31

The change in forest treatment from that prevailing during the previous period was mainly due to the change in property conditions, and especially to the establishment of state forests. This change was largely the result of the revolutionary movements at the beginning of the new century which brought about changes in state organizations. In Prussia, the princely forest property had been declared state domain in 1713, but elsewhere, the public domain had been considered the property of the princes in their capacity as head of the country, as domanium, outside of their personal private property (Chatullgüter). The income from this domanium was in part liable to be applied to the expenses of the court and of the administration of the realm, to some extent alleviating the burdens of taxation. This property arose from a variety of relations which have been discussed at length in the foregoing chapters. It was derived mainly from feudal properties, fiefs of vassalage and fiefs of official position, secularized church property and other forfeited property, division of mark forests, and from allodial possessions of the family. Gradually, by agreement with the landed estates, it was understood that this property could not be disposed of or dissipated by the prince, and was inherited by the eldest son together with the princely dignity, being an attribute of his position in the state. In the reconstruction period of 1806 to 1815, during and after the Napoleonic wars, many of the small princes lost their seigniorage (Landeshoheit ipso jure), and with the loss of the princely dignity, the obligation of carrying the expense of court and administration naturally falling away, these properties became in most cases purely individual property of the former princes.

Not, however, until the revolutionary movements of 1848 and even later, was this divorce of the state idea from that of the person of the prince everywhere accomplished, nor was it carried through without many bickerings and quarrels between the princes and the representatives of the people, who claimed this domanium for the state. In the larger states, all this domanial property was finally declared state lands, while in the smaller principalities a partition of the land between the princes and the state took place, or else a relation was established by which a part of the revenue resulting from the state lands was secured to the princes.

An increase of the State’s property came also during the first decade of the century through the abolishment of cloisters and secularization of church property generally, the lands of both Protestant and Catholic church institutions being taken by the State.

Curiously enough, at the same time that the idea of state forest was being realized, the changes in economic thought which brought the principle of individualism to the fore gave rise to a movement to sell the state properties. This movement was inspired by French doctrines, whose influence was at the time very strong, by the teachings of Adam Smith who held that the state is not fit to conduct business, and by the hope that in private ownership an improvement in forest conditions would be more readily realized. These ideas by themselves would, probably, not have led to the adoption of a policy of sale if it had not been for the need for cash which, as a result of the French wars, was felt everywhere during the first years of the decade. The sale of this property seemed to provide a ready means for States to secure funds.

In Prussia, after the collapse of 1806, this measure was widely discussed, and eventually, in 1810 to 1813, repeatedly instructions for the sale of state forest property were issued. There were to be excluded from such sales only large complexes of forest, those on the sea coast, sand dunes and river fronts, where the protection of the forest cover was needed, and those which it was desirable to maintain for the use of important industrial establishments. Only the accession of Hartig (1811), as chief of the forest administration which was a branch of the Treasury department, prevented the execution of this dismemberment. It was due to him that the difference in character between farm and forest property began to be recognized. Although, after 1820, sales of forest property took place, they were never a fiscal measure, but were made either for the purpose of rounding off existing state forest property or paying off servitudes, or else in order to turn over agricultural soil to farm use. At present everywhere in Germany state properties are on the increase.

The property conditions of the communal forests naturally changed also with the political changes of the 19th century, when existing communities were made part of the large political machine and changed from economic and social to modern political municipalities. The ownership conditions, however, were not simplified, but as before, remained extremely varied.

Of the Mark forest but a very small portion remains to-day. The majority of it had been finally divided among the Märker in the first decade of the century, and the few remaining parts became independent of the political organization and now exist merely in the form of appurtenances to certain farm property known as Genossenwald (association forests). In addition to the variety of communal ownerships existing in the preceding period, some new communal properties originated from the granting of land in the settlement and dissolution of servitudes, whereby an undivided property (Interessentenwald) in which sometimes even the state retains an interest, came into existence.

The municipal property of the cities had become either the property of the entire community or of that part which constituted the real citizenship, or at least of a certain class of citizens of the municipality.

The incumbrances which had grown up with regard to forest property under the name of servitudes and which so much retarded the development of better forest management continued into this period, and although through the influences of the French revolution a desire had been stimulated to get rid of all curtailments of property, some have persisted to this day. Indeed, for a time an increase of these servitudes took place, due to the carelessness of forest officials in keeping unjustified use of the forest in check, when ancient usage of these rights of user was claimed and new servitudes were established.

In Bavaria, it became at last necessary (1852) to positively forbid the further establishment of new servitudes or rights of user. Laws having in view the dissolution or buying out of these rights were issued in Bavaria in 1805, and in Prussia in 1821, giving the right to forest owners whose properties were so encumbered, to call for a division of interests; but as at first the only way to settlement was by exchange for definite parcels of forest property, the progress in the abolishment of these rights was slow, until money exchange was permitted (as in Saxony, 1832). At the present time, the state forest administrations have mostly got rid of these servitudes, or at least have progressed so far in their regulation that they are now rarely impediments to forest management. These peaceable adjustments of the rights of user constitute the last act of freeing property socially and economically.