Oliver Wendell Holmes, Jr.

“ The court read the words 'upon the public domain' as qualifying the phrase 'whoever shall build a fire.' We are of opinion that this was error, and that 'upon the public domain' should be referred to the words immediately preceding it: 'forest, timber, or other inflammable material.' So interpreted they make better English and better sense. The purpose of the act is to prevent forest fires which have been one of the great economic misfortunes of the country. The danger depends upon the nearness of the fire not upon the ownership of the land where it is built. ”

“ It is said that the construction that we adopt has been followed by the Department of Justice and by a number of cases in the District Courts ever since the passage of the original Act of February 24, 1897, c. 313 (29 Stat. 594) . We regard the meaning as too plain to be shaken by the suggestion that criminal statutes are to be construed strictly. They also are to be construed with common sense. ”

“ Alford was indicted for building a fire near inflammable grass and other inflammable material and timber situated upon the public domain of the United States, and for not extinguishing the same before leaving it, by reason of which the said grass and other material was burned. ”