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government supervision, but in 1812, the Cortes of Cadiz, under the influence of the spirit of the French Revolution, rescinded these orders and abolished all restrictions.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.