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a false invoice, or concealing or destroying an ly on duty, who sleep in the engine house, and invoice; of the internal revenue laws, for carry- whose one business is fire fighting. ing on business of distilling without payment According to some of the leading fire rating of tax; for failing to give bonds; for obstructo schedules of the country, such as the Dean ing public officers; for distilling during for schedule, cities and towns are divided into bidden hours, etc.

seven classes, in accordance with the degree of Statistics as to the exact amount of a federal efficiency of the fire department and the rates revenue collected by fines are unsatisfactory, are fixed accordingly. Some schedules, howas these receipts in current finance reports are ever, such as the universal mercantile schedule, classed with fees. During the three years itemize the good and bad features of the 1909–11, the amount collected for fines, for particular fire department under consideration, feitures and penalties in the customs receipts and make deductions from or additions to the greatly increased. Between 1894 and 1908 the basis rate which is applicable to all properties average was only $62,000 a year; but in the in the town. next three years, 1909–1911, it averaged See FIRE LIMITS; FIRE PROTECTION; INSUR$2,100,000 a year.

ANCE, LEGAL BASIS AND REGULATION OF. In local government fines are frequently References: W. D. Matthews, Manual of used as punishment for petty delinquencies, as Inspections (1902); City Fire Departments, for drunkenness or failure to obey civil and Reports.

S. S. HUEBNER. criminal laws and local ordinances. Under this head are included penalties collected be- FIRE-EATERS. A term applied in the antecause taxpayers fail to meet their taxes within bellum days to the radical uncompromising the time required by law, fines collected by pro-slavery advocates in the South, whose ancriminal courts; forfeitures in criminal and tagonism against the North and eagerness on civil transactions, such as forfeits on criminal every occasion to take up the gauntlet to bonds or contractors' bonds. In 1908 the pen further the cause of slavery went far toward alties collected on the non-payment of the making the war inevitable. Also at a later general property tax, in cities of 30,000 popula- day to violent extremists, particularly if from tion or over, was $2,643,000, as compared with the South.

0. C. H. $377,341,000 collected on original levies. From fines and forfeits these same municipalities FIRE LIMITS. A fire limit ordinance may received $3,894,000. The largest part of this be defined as a "law passed by a city council latter sum was derived from fines imposed by defining the boundaries of territory (usually courts, and forfeits of deposits for appearance including the principal business district) in in courts.

which only certain kinds of buildings may be See REVENUE, PUBLIC, SOURCES OF; SUGAR constructed.” The purpose of such ordinances FRAUDS.

is to prohibit the construction of frame buildReferences: E. R. A. Seligman, Essays in ings, and to regulate the construction of buildTaxation (2d ed., 1897), 268; C. F. Bastable, ings which exceed a certain height, with a view Public Finance (2d ed., 1895), 154; Commis- to preventing the spread of fires. A joint sioner of Internal Revenue, Annual Report; committee of the senate and assembly of New Census Bureau, Special Report, Wealth, Debt, York, in 1911, gave hearty endorsement to a and Taxation (1909), consult index.

law which will require the insurance companies DAVIS R. DEWEY. to report their amounts at risk in the con

gested value districts in large cities, so that FIRE DEPARTMENTS. It is estimated the public may have exact knowledge as to the that over $200,000,000 is expended annually manner in which the various companies conin the United States for the equipment and duct their underwriting operations. See FIRE maintenance of fire departments. Such de. DEPARTMENTS; FIRE PROTECTION; INSURANCE, partments are usually classified as "volunteer,” LEGAL BASIS AND REGULATION OF. S. S. H. "partly paid," or "fully paid.” (1) Volunteer departments consist mechanics, and other la- FIRE PROTECTION. Fire losses in the borers, who, when the alarm is sounded, drop United States far exceed those of any other their regular work and proceed to the fire; and civilized nation, and amount annually to apeither give their services gratuitously, or are proximately $200,000,000. In proportion to paid by donations or by the hour while on insurable values it has been computed that our service. (2) Partly paid departments are those national fire waste is from six to twenty times where a limited number, such as the driver and that of any European nation; and that in a engineer (where there is an engine) are paid normal year our per capita destruction of propso that they may devote their full time to the erty by fire exceeds $2.50 as compared with service, the other members, however, with the only 33 cents in the six leading cities of exception of a limited few, being volunteers or Europe. This appalling waste is traceable to "call men” who are paid by the hour while a number of factors, such as the common use on duty. (3) Fully paid departments are those of wood for the construction of walls, floors where the entire force consists of men constant- and roofs; the limited amount of fireproof



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construction; absence of precaution against tional Board of Fire Underwriters. The first fire in non-fireproof risks; congestion of busi. of these associations formulates rules and ness sections in our large cities, and the ab- standards through its various special commitsence, late adoption, or poor enforcement of tees for the guidance of inspectors, and in its efficient municipal building regulations. Fire publications makes this information available prevention is a much greater issue today than to architects, builders and property owners. is insurance against fire.

Laboratories are also maintained by this asProtection Ag ast the Spread of Fire.—To sociation for the purpose of verifying by reduce the nation's fire waste two main lines proper tests the merits of fire protection facili. of effort can be pursued: (1) to prevent ties and building materials, as claimed by their the spread of fire; (2) to prevent the inventors. The last named organization has origin of fire. From the standpoint of con- prepared a model building code, already adoptstruction it is customary to classify buildings ed by a number of municipalities, copies of as "ordinary," "slow burning,” or “mill con- which are freely distributed to the officers of struction," "semi-fireproof," and "fireproof.” our cities. Its expert fire protection engineers The slow burning building is so constructed as also visit the leading cities of the country to make the floors at least three inches in periodically, with a view to studying and rethickness with a view to separating the stories porting on the conflagration hazard. of the building in such a manner that a fire in Mention should also be made of private efcombustible material will, under ordinary cir- forts along this line, such as the work of the cumstances, require at least one or two hours Factory Mutuals. The insurance companies, to burn through the flooring. A fireproof likewise, through the application of the schedbuilding, on the other hand, is constructed with ule system of rating, exert a very wholesome a view to isolating each floor from those below influence. By computing the rate according or above it so effectively that the contents on to an elaborate system of specific additions any floor may be consumed without the fire for defects or deductions for specially good being able to communicate with other parts features, instead of quoting the rate in a of the building. To meet this requirement, the single lump sum, the insured is enabled to see building should be of steel cage construction, just how certain changes in construction, or all its structural members should be properly management, will give him a lower rate. This insulated, all stairways and elevators should direct appeal to the pocket book operates not be encased in fireproof shafts; and all the only to improve existing risks, but leads to tiers of windows should be fitted with wire the better construction of new risks, most of glass in fireproof frames. Semi-fireproof build- which are now planned with reference to the ings, while constructed of non-inflammable ma- advantages in fire insurance rates resulting terials, differ from fireproof buildings in that from improvements suggested by the rating their structural members are not properly in- systems of the several fire underwriters' assulated against heat.

As has been well said, "Every fireproof

structure built among combustible buildings
might be regarded as a policeman standing be-

Total Loss Per Capita Loss tween belligerents threatening to destroy each


$1.77 other." While existing buildings cannot be

74.643,400 torn down or reconstructed, instant results can


108,993,792 be obtained by the adoption and rigid enforce

142,110,233 ment of statutes and ordinances which will 1900


165,221.650 serve: (1) to prescribe the type of building 1906

518,611,800 construction permitted within certain city lim. 1907


217,885,850 its, and regulate the equipment of such build- 1909

188,705.150 ings with fire windows, shutters and doors, 1910

217,004,575 with fire extinguishing facilities, with proper electrical fittings, etc.; (2) to regulate the Protection Against the outbreak of Fires.planning of new buildings as regards fire But the fire waste of the country, especially service tanks, boilers, elevator and other floor that of initial fires, may be much further recommunication, the localization of dangerous duced by equipping buildings with fire extinprocesses, and the subdivision of the property guishing facilities in proportion to area and into separate fire areas; (3) to supervise the height, and with due regard to the fire hazard storage and sale of highly combustible ma-involved. Such facilities are standpipes with terials; (4) to maintain inspection sufficiently siamese connections, fire pails, post hydrants, frequent to assure the proper observance of public and private fire departments, stationthe law on the part of the property owners. ary steam fire pumps, chemical extinguishers,

Agencies for Improvement.-Probably no public and private waterworks systems, staagencies are doing more to improve conditions tionary or portable clock systems, automatic in the construction of buildings than the Na- sprinkler systems and electrical notification tional Fire Protection Association and the Na-systems.

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By far the most important of these several | vention and Protection (1904); E. W. Crosby, devices, especially as regards factory and mer- and H. A. Fiske, Hand Book of Fire Protection cantile risks, is the automatic sprinkler, which (1909); F. C. Moore, Fire Insurance and How "without the assistance of human effort will to Build (1903); S. S. Huebner, Property Indischarge water almost simultaneously with surance (1911), ch. xx; Am. Year Book, 1911, the outbreak of the fire, will apply the water 254, and year by year. S. S. HUEBNER. locally in the very spot where combustion is taking place, will distribute the discharge of FIRST INSTANCE, COURT OF. See water in such a manner as to accomplish the COURT OF FIRST INSTANCE. greatest good with the least amount of water, and will give immediate notice of the existence FISCAL YEAR. By the fiscal year is meant of a fire.” It consists of an arrangement of the consecutive twelve months to which the pipes spread under all ceilings in all parts financial accounts of a government apply. Un. of a building and equipped with a sprinkler til 1843 the fiscal year of the Federal Governfor each 75 or 80 square feet of floor area. ment ended on September 30; since that date The system of pipes is supplied automatically it ends June 30. The reason this earlier date with water from elevated tanks, pumps or was selected was to give ample time to furnish city connections. Each sprinkler head is kept estimates to the heads of departments and the closed with fusible solder, the melting point President, for consideration before the meeting of which is adjusted to vary from 165° to 360° of Congress on the first Monday in December. according to the nature of the risk.

In case

In local government there is no uniformity in of fire the resulting rise in temperature will the fiscal year, but there is a growing tendency melt the fusible metal, thus opening the sprink- to make it conform to the calendar year. ler and automatically permitting the discharge

D. R. D. of a fine spray of water at the rate of about 30 gallons per minute at 30 pounds pressure. FISH COMMISSIONS. In nearly every To prevent unnecessary water damage, the American state there now exists a commission sprinkler system also contains an automatic or board, appointed by the governor, and holdalarm valve so constructed that the flow of ing office at his pleasure, which administers water in the pipes will operate an electrical fishery affairs under authority conferred by the or mechanical gong at the desired points. legislature. Massachusetts was the first state

The remarkable efficacy of the automatic to set up a fish commission (1866). Positions sprinkler is demonstrated by the experience on fish commissions are often salaried, someof the Factory Mutuals; although they insure times purely honorary, and in some cases are the most hazardous type of risks, the rate held ex officio by the governor or other elective on woolen mills, for example, largely through officers. the improvement of fire prevention methods, Fish commissions are often combined with has been reduced from an average rate rang- game commissions (California, Connecticut, ing from $1 to $2 per $100 of insurance to Maine, Massachusetts, Minnesota, New Jersey, about four cents. Thė records (extending over Ohio, Washington), or with oyster or shellfish a period of twelve years) of 8,942 fires, in commissions (North Carolina, Texas, Virrisks equipped with sprinklers, shows that in ginia). In some states (Maine) there are nearly 6,000 cases the fire was extinguished by separate commissions for inland fisheries and the sprinklers unassisted; and that in less for sea and shore fisheries; and in some states than six per cent of the fires did the system (New York, West Virginia) game and forestry prove ineffective. So large is the reduction matters are considered by the same board, in the fire insurance rates (varying from 30 commission, or department that is in charge to 75 per cent of the premium) granted by in- of fisheries. surance companies to property owners who The functions of the state fish commissions will instal a sprinkler service, that the saving are to advise the executive and the legislature, in premiums alone will often return the entire to enforce fishery laws, to propagate and discost of the sprinkler system within a period tribute food and game fishes, to collect revenue of three years. In general the adoption of the from the licensing of fishery apparatus or operless costly forms of fire extinguishing facili- ations, to allot (for lease or sale) waters for ties constitutes a good investment. There is cultivation of shellfish, and in general to proalso the elimination of the loss of time and mote the local fishery interests. demoralization of business which follow every The United States Fish Commission, estabfire.

lished in 1871, is the medium provided by See FIRE DEPARTMENT; FIRE LIMITS; IN-Congress for dealing with the fishery matters SURANCE, LEGAL BASIS AND REGULATION OF. which come under federal jurisdiction. Until

References: The Joint Committee of the 1903 it was independent, the single commisSenate and Assembly of New York, Report on sioner being appointed by and reporting directFire Insurance Business, February 1, 1911; ly to the President; but on the organization of Illinois Fire Insurance Commission, Report, the Department of Commerce and Labor it January 4, 1911; Spectator Co., Fire Pre. became a component, and its name was changed



to Bureau of Fisheries. Upon the division of Department of Commerce and Labor (see), the department, in 1913, the Bureau of Fish- until that Department was divided (Mar. eries remained a part of the Department 4, 1913); since then it has been a bureau of Commerce. Its duties, successively en- of the Department of Commerce, and is larged by Congress, include propagation and under the direction of a commissioner. The distribution of food fishes and other aquatic function of the bureau is to foster the fisheries animals and stocking of public and private of the United States. The most important waters therewith, study of the coastal and in- branches of the work of the bureau are the terior waters and their inhabitants in the in- propagation of food-fishes and the inspection terests of the fisheries and fish culture, collec- of certain commercial fisheries. In recent tion of statistics of the fishing industry, study years, much work has been done in connection of the methods and relations of the fisheries, with the Alaska salmon and fur-seal fisheries. protection of salmon, seal, and other fisheries In 1912 the fisheries service extended its acof Alaska, of Alaskan fur-bearing animals, tivities by means of an increased personnel, and of sponge fishery off the Florida coast. and with the usual inspection work and sta

See COMMISSIONS IN AMERICAN GOVERN- tistical canvas of the fisheries, began importMENT; FISHERIES, RELATIONS OF GOVERNMENT ant observations looking to the development of

the so-called minor fur resources of the terriReferences: State fish commissions, Annual tory. The value of the furs of this character Reports; V. S. Fish Commission, Bureau of in 1911 was $370,57). In the states there Fisheries, Reports (annual since 1871), Bul- has been coöperation with state fisheries letins (annual since 1880), including the folcommissions (see Fish COMMISSIONS). The lowing: G. Brown Goode, Status of the U. 8. propagation of food-fishes is carried on in Fish Commission (1884), 1139–1184; Hugh M. thirty-two fish hatcheries, and ninety-two Smith, U. 8. Bureau of Fisheries : Its Estab- auxiliaries and egg-collecting stations, lolishment, Functions, Organization, Resources, cated in thirty-one states. During the year, Operations, and Achievements (1908), 1365-1911-12, the total output of fishes and eggs 1411, pl. cxliii-clvi. Hugh M. SMITH. was 3,687,535,911; and applications for fish

for stocking purposes were received for plantFISH, HAMILTON. Hamilton Fish (1808–ing in more than 10,000 different bodies of 1893) was born at New York City, August 3, water. The bureau also prosecutes biological 1808. In 1830 he was admitted to the bar. inquiries and experiments for the promotion His political career began in 1834, when he was of scientific knowledge concerning fishes and an unsuccessful candidate for the assembly on marine animals. See FISHERIES, RELATIONS OF the Whig ticket. From 1843 to 1845 he was a GOVERNMENT TO. References: Dept. of Commember of the National House of Representa merce and Labor, Annual Reports (1903– tires. In 1847 he was elected lientenant-gov- 1913); Dept. of Commerce, Annual Reports. ernor of New York for the remainder of the

A. N. H. term of Addison Gardiner, resigned, and the next year was chosen governor. In 1851 he FISHERIES, INTERNATIONAL. The modentered the United States Senate, where he ern doctrine of the freedom of the open or high served one term, becoming a Republican upon seas rests neither upon an analogy to the docthe formation of that party. His chief promi. trines of the older Roman law, denying the nence in the Senate was due to his outspoken possibility of private property in waters (this opposition to the Kansas-Nebraska Act. In would negate all claims to maritime jurisdic1862 he was appointed one of the commission- tion), nor upon the scholastic notion that the ers to visit federal prisoners in Confederate fluidity of water renders it unappropriable, prisons, and opened the wa for the exchange and hence not an object of sovereignty (this of prisoners later agreed upon. In 1869 he by a parity of reasoning would deny any jurisbecame Secretary of State, holding the office diction over the air-space above), but upon the throughout Grant's administrations. His prin- universally accepted principle of jurisdictional cipal services were as a member of the joint rights over the marginal seas as appurtenant high commission which negotiated the treaty to land. Some states have successfully urged of Washington, in 1872; and the settlement claims to the land beyond the strict three-mileof the Virginius affair, in 1873, with Spain. limit (see), particularly where bays extend He died at Glen Clyffe, N. Y., September 7, intra fauces terrae with entrances wider than 1893. See REPUBLICAN PARTY; STATE, DEPART- six miles (e. I., Chesapeake and Delaware

References: A. B. Gardiner, in N. Bays). In the case of bays the sinuosities Y. Genealogical and Biographical Record, XXV of the coast render the line of three miles in(1894); W. A. Dunning, Reconstruction convenient and difficult of determination. (1906); J. F. Rhodes, Hist. of the U. 8. (1893- Therefore the doctrine known as the "headlands 1905), VI, VII.

W. MacD. doctrine” (see) has found considerable favor

in recent times, according to which a straight FISHERIES, BUREAU OF. The Bureau of line drawn from headland to headland deterone of the bureaus of the mines the extent of territorial jurisdiction.


Fisheries was





As there is some point at which the jurisdic- | challenge by other states. Furthermore juristion of every state ends, the great waste of diction has been asserted over portions of the waters beyond, called the open or high seas, is sea formerly freely used as parts of the open necessarily free. The open sea is free as a sea. These extensions of jurisdiction have not highway and in time of peace one state may not infrequently been for the purpose of protecting interfere with the vessels of another so using it. the shore-fisheries. Russia has attempted to The right of taking the products of the sea extend her authority over the White Sea by is simil complete, although the action of the introduction of twelve-mile-limit, and the tribunal in the Fur Seal Arbitration of Canada has enacted fishing-regulations for 1893 might appear to modify it (see SEAL Hudson Bay. The effect would be to make FISHERIES). Limitations upon the right of ap- these waters closed seas. In 1910, Russia propriating the products of the open sea do not seized the British trawler Onward Ho! for fishexist in international law, but depend eithering in the White Sea between three and twelve upon the municipal laws of each state operat- miles from the shore. Although vessel and ing upon its nationals and vessels engaged in crew were released, Russia did not abandon her such activity, or upon such treaties as set up claim. The seizure of a Norwegian vessel in a standard of duty for the signatories and their Moray Firth some five miles from the shore nationals. No state may exercise jurisdiction for violation of Scottish fishing regulation was in time of peace over the open seas, except upheld by the High Court of Scotland in 1906 over its own vessels and nationals and over (Mortensen vs. Peters, Am. Jour, Int. Law, I, pirates jure gentium; therefore no rights of 526). The decline of shore fisheries points to exclusive territorial maritime jurisdiction anal more careful and extensive regulation, not in ogous to that over the maritime belt can be the interest of state expropriation, but for the acquired either by prescription or otherwise. conservation of its resources. Conditions under An exception apparent rather than real exists which fisheries flourish do not end at the in the case of the pearl-fisheries of Ceylon and point of three miles from shore. Extensions the Persian Gulf, long protected by Great Brit of this limit, therefore, for the conservation of ain without international protest. These fish- the

of the territorial eries, found in shallow waters, are really ap- reasonable, though hardly to the degree atpurtenant to the land though partly beyond tempted by the United States for the protecthe three-mile-limit.

tion of the seals when she declared Bering A state by its own regulations may police Sea to be a closed sea. Such extensions to be the high-sea fisheries but only as to its own valid must be acknowledged by treaty, if not nationals and vessels. States by treaty may acquiesced in by other states as in the case regulate fisheries beyond their maritime terri- of certain bays. torial limits, but such engagements are not See BaYS AND GULFS; BRITISH NORTH AMERbinding upon states other than the signatories. ICA, DIPLOMATIC RELATIONS WITH; COMITY, INGreat Britain, Belgium, Denmark, France, Ger- TERNATIONAL AND INTERSTATE; HAGUE TRIBUmany, and the Netherlands signed a conven- NAL; HALIFAX COMMISSION AND AWARD; High tion at the Hague in 1882, for the policing SEAS; MARE CLAUSUM; NEWFOUNDLAND Fish. of the North Sea fisheries. This convention, ERIES DISPUTE; SEAL FISHERIES; TERRITORY IN which set out with minuteness the limits of INTERNATIONAL LAW; THREE-MILE LIMIT. the ocean within which it was to be effective, References: Grotius, De jure Belli ac Pacis provided a code for the regulation of vessels (1625), II, c. 3, ss 7–15; Vattel, Droit des of the signatories engaged in these fisheries, Gens (1758), I, ch. xxiii; L. Oppenheim, Int. including the time and manner of fishing, in Law (1905), I, 333–338; J. B. Moore, Digest terference by one vessel with another, and giv- of Int. Law (1906), I, 716-722; C. de Mar. ing force to such provisions by conceding a tens, Causes Célèbres du Droit des Gens (2d ed., mutual right of visitation, search, and arrest 1858), I, 267–298; B. Castel, Du Principe de to the public vessels of the signatories. Nor la Liberte des Mers (1900); D. R. Chipeliades, way was not a signatory, claiming greater De la Liberté de la pleine Mer (1887); J. jurisdiction over its marginal seas than three Imbart-Latour, De la Pêche (1885); C. David, miles, as recognized by the treaty. The same La Pêche Maritime au point de vue internapowers signed (France not ratifying) the tional (1897); G. F. DeMartens, Récueil Hague convention of 1887 for the regulation Général de Traités (1808), IX, 505-563, XXII, of the liquor-traffic in the North Sea. The 562, XXXIII, 268-276; F. Lopez y Medina, system of police regulations set up for the Coleccion de Tratados Internacionales, Ordile North Sea was adopted for the open sea fish- nanzes y Reglamentos de Pesca (1906); R. eries outside the territorial waters of Iceland Waultrin "La Mer Blanche, est-elle une mer and the Faroë Islands by the convention of libre?” in Révue de Droit Int. Pub., XVIII London, 1901, between Great Britain and Deno (1911), 94-99; T. W. Balch, "Is Hudson's Bay mark.

an Open or a Closed Sea ?" in Am. Jour. Int. A few states, e. g., Spain and Norway, still Law, VI (Apr., 1912), 409-460; T. W. Fulton, assert jurisdiction beyond three miles for all Sovereignty of the Sea (1911). purposes including fishing, but not without


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