The Project Gutenberg eBook of Preservation of forests as a measure of public safety

This ebook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this ebook or online at www.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook.

Title: Preservation of forests as a measure of public safety

Author: Lourenço Baeta Neves

Release date: January 26, 2023 [eBook #69881]
Most recently updated: October 19, 2024

Language: English

Original publication: United States: Not identified, 1909

Credits: Donald Cummings and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive)

*** START OF THE PROJECT GUTENBERG EBOOK PRESERVATION OF FORESTS AS A MEASURE OF PUBLIC SAFETY ***

PRESERVATION OF FORESTS
AS A
MEASURE OF PUBLIC SAFETY

Address Delivered Before the
Seventeenth
National Irrigation Congress

HELD AT

SPOKANE, WASHINGTON, U. S. A.

AUGUST, 1909.

BY THE BRAZILIAN DELEGATE

L. BAETA-NEVES, Mining and Civil Engineer.

THE PRESERVATION OF FORESTS AS A MEASURE OF PUBLIC SAFETY.

Address before the 17th National Irrigation Congress, Spokane, Wash.,
August, 1909.

by

L. BAETA-NEVES

Mining and Civil Engineer; Graduate of the Ouro Prete Mining School, Brazil; Chief of the Technical Department of the Directory of Railway and Public Works in Minas Geraes, Brazil; Member of the Historic and Geographic Institute of the same state; Member of the National Geographic Society of Washington; Knight of Columbus; Honorary Member of the Rotary Club of Los Angeles, Cal.; Representative of the Brazilian Government before the Scientific Congresses 16th Irrigation and 3rd Dry Farming in America, and Vice-President and Corresponding Secretary of this Congress; Special Delegate of Brazil before the 17th National Irrigation Congress at Spokane, Wash., where, by selection, he addressed the meeting on behalf of the Foreign Representatives.

I really feel glad and exceedingly honored in coming again before this Congress and my pleasure is great in telling you once more how much I appreciate the warm welcome of the North American people, and how much I have enjoyed the pleasant stay in this most hospitable city.

I come now with the same feelings and sentiment that I tried to translate to you on the opening session of this most important meeting full of very valuable lessons from any view point; on that day I had the great honor of speaking to you on behalf of the foreign delegates of this convention bringing greetings from the Brazilian Government and from the different nations here represented. But now, allow me to say, Americans, and distinguished representatives of foreign continents and islands, that translating the good feelings and altruistic sentiment of the people of the countries of Columbus, I am going to speak with my whole soul, my whole heart, on behalf of the sacred rights of humanity, addressing you on a subject very dear to me in which I have been deeply interested since my childhood; a subject on which I have learned a great deal from two men of universal reputation, who, for the glory of the western hemisphere, were born under the purest sky of America—I mean Roosevelt and Gifford Pinchot. I stand for the forest, for the preservation of forests as a measure of public safety. My paper is in part an extract of a report that I sent to Brazil to be read this week at the request of the 4th International American Medical Congress, held now at Rio De Janeiro “on the most efficacious means of preventing and lessening the effects of periodical droughts.” In that paper I wrote about the lessons of the Irrigation Congress, which lessons we are already profiting by, having improved the Irrigation projects of which I wrote the address printed in the proceedings of the 16th National Irrigation Congress, last year. I am pleased to say that in this report I emphasized also the great work which has been done by the dry farming Congress, whose lessons are the best to teach the people of the arid district of the world, how to use profitably by the water, almost always so expensive and difficult to be obtained in such districts. You will find on the last proceedings of the dry farming Congress at Cheyenne, a paper of mine on the combination of irrigation and dry fanning processes, which combination I think will give the best results in rendering more fit to sustain life a region subject to drought. To the medical Congress, I suggested that a branch of the dry farming of America should be established in Brazil according to the wishes of its indefatigable secretary my good friend Mr. John T. Burns. Being requested by his excellency Governor Norris, of Montana to work in Brazil, as a vice-president and corresponding secretary of the Congress I feel exceedingly honored in giving my very best service to my brothers of North America, assuring them that they can count upon my great admiration for your country, where I am living for one year with my family always in close touch with the American family and people. Allow me to say, ladies and gentlemen, that keeping the same love for my native land, in my heart, will have for ever a warm room for the American people. But let me stop, ladies and gentlemen, of speaking of my feeling that, in spite of my sincerity, I cannot express by words as they come from the bottom of my heart; the whole session would be too short for translating them and I must go back to the subject of my paper. In my report to the International Medical Congress I wrote also about the Cactus of Luther Burbank, of California, and incidentally I called the attention of the Brazilian Engineers to the recent process in which the English government is now interested, facilitating the atmospheric precipitations for small water supply near the coast, causing the deposit of dew as has been practiced in Gibraltar. I have read something about this process on an interesting paper of Mr. George Hurbard read this year on March 3rd, before the Royal Society of Arts, London: I wrote too about the forests considering them like I am about to do.

The importance of forests as protectors of mankind is an incontrovertible fact, and there is no spirit, less observing as it may be, that has not noticed, even slightly, some influence of the trees in benefitting life.

At different times I have treated this important subject that impressed me so much, in the national and foreign press and in public addresses here in America, several times discussing the influence of the trees upon our life. Once speaking about the combined work of medicine and engineering in the noble and humanitarian campaign to improve the means of life on the surface of this planet, especially to preserve and increase the vigor of the people, I said in part:

“Life progressively is becoming very difficult to be preserved in good conditions because of the incessant exhaustion of elements that are favorable to it on the surface of the earth, where a continuous transformation is observed all over.

“The forests, the best protectors of our life, are going fast, and from the modification that their disappearance is bringing to the climate and to the natural conditions all over the earth, will come serious troubles to the solution of the sanitary problems in the future.

“It is necessary to use intelligently so important elements of life, without so barbarous destructions, because so far as the present scientific knowledge is concerned, there is no doubt, at all, that from the lack of the forest will come the greatest modifications in the meteorological conditions of the earth, and you know, the meteorological conditions—the weather—has the most positive influence on our life. This influence does not appear only on the health conditions, but, too, in the most complicate social phenomena.

“The old proverb—‘Man is the son of his environments’—is a translation of a truth scientifically demonstrated, proving the weather’s influence. It is true that it means the law of adaptation, but the environments of man depend entirely upon the meteorological conditions. According to this law we could, perhaps, live even under bad conditions of weather, but such condition would bring an unhealthy condition of life, too.

“Professor Dexter, of the University of Illinois, studying the mental and physiological influence of the meteorological conditions, in one of his books, gives a comprehensive study of the question, proving the weather’s influence on the organic and intellectual life, the emotions, the literary sentiments, the individual conduct. He proves principally that the change of meteorological conditions affects the health more than anything else.

“Under bad meteorological conditions we never would have the necessary reserve of energy for the complete activity of life.

“And good meteorological conditions can be guaranteed only by the preservation of forests, that, unhappily for our future, does not receive from the people the deserved attention.”

Since the colonial time many Brazilians have been considering the forests from a sanitary viewpoint. The patriarch of our independence José Bonifacio in 1815 wrote these phrases:

“What other productions of Mother Nature ought to deserve greater attention from the philosophers and statemen than the forests and trees? Trees, wood and timber: Only these words, well meditated upon and understood, are enough to awaken our whole sensibility.”

Besides other reasons there is a powerful one that makes necessary the protection of forest—its great influence upon health. Health is all, and upon it reposes the happiness of people and the greatness and prosperity of the countries.

On account of a rapid progress we must not sacrifice the forests as it has been done in many new countries.

Any progress detrimental to the vital forces of nature, is negative, ephemeral; if one generation profits by it, the following one fatally will suffer its consequences.

This axiom, in my humble opinion, translates better the decline and disappearance of some nations that figured in antiquity than any explanation given by the modern philosophy for the fact; and forethought advises to profit by the practical lesson contained within it, preserving our natural resources in order not to sacrifice to a temporary greatness the best means of preserving life, which means are represented by the forest.

The trees are great regulators of many conditions of life, principally facilitating the atmospheric precipitation and their profit. The aqueous vapors penetrating the cool atmosphere of the forest at the contact of the foliage of the trees, condense resolving into rain or dew; and the water that falls on the soil, protected against evaporation by the shade, having its surface-flow impeded and its absorption facilitated by the roots, penetrates in greatest quantity into the land, guaranteeing the permanency and abundance of the source that it forms.

The rainfall without the protecting vegetation rapidly flows on the surface soil forming the run-off, which takes from the earth the fertilizing humus, excavating the mountain and producing the destructive overflow in the valley.

In the countries where ice and snow do not appear the regimen of the water courses in a great measure depends upon the vegetation that covers the head of the streams; and such an influence is as great as the porosity of the soil is small in the generative basin of the sources. If there is yet controversy which is progressively disappearing with more serious study about some forests’ influences, there is not, all over the earth, any one who can scientifically contest this truth that history and geography, the facts of the past and the observation of the present so clearly confirm. The Nile, which comes from the heart of Africa, born among the virgin forests where fire and men never have penetrated, keeps today, in an average, the same flow that it had when it fertilized Egypt at the time of the Pharaohs.

The effects of forests do not appear in confined zones. Their influence is not bounded by a certain region, and the calamity coming from their devastation passes over the individual property affecting the public welfare. This is an incontestible truth that science demonstrates and facts corroborate. Therefore there is no reason why protection of forest must be concerned to a certain extension, not affecting the private lands.

The individual right ought not to affect the high interests of the Union which ought to save its own future, guaranteeing by the preservation of the natural resources of the country, the general well-being of the present and future generations.

This rational theory, applied to the case of forests, each day gains assent in this country being already accepted in the higher tribunals in favor of the legislation protecting such resources, which legislation is earnestly advocated by President Roosevelt, accordingly it was adopted on March 10, 1903 by the supreme court of Maine, and on April 6th of the same year, the supreme court of the United States sustained it, confirming the opinion of the court of errors and appeals of New Jersey.

To the glory of us Brazilians this principle is the confirmation of a doctrine of which I spoke last here at Albuquerque, promulgated in 1892 by the eminent Brazilian, Dr. Francisco Saturnino Rodrigues de Brito, who wrote:

“The argument against such laws has no reason for being, because the owner of the land is only a steward of the soil that was entrusted to him by the past generations; he is the depository of lands as he is a depository of capital, and thus, as it has a social origin, territorial property must have a social application, in attending to collective interest; and these require the individual effort of each man to preserve and improve on the planet the necessary means of living, among which are the preservation and replantation of forests, that may keep the necessary moisture for regular rainfall and the normal distribution of water, detaining it among their roots and not permitting the destructive overflows that take from the soil the fertilizing humus. The argument has no reason for being, also, because the interest of the family itself requires providence against the prodigal member who steals from his own children the inheritance from the past, giving to this improvident and egotistical father only the income of it; and as it happens with the inheritance, legislative enactment must regulate the question of lands for the interest of the social community that has a great attainment from the Past, and comprehending the Present and the Future.”

The arguments of President Roosevelt are very similar to those of the illustrious Brazilian engineer and the same thing can be said in regard to the reasons presented by the Supreme Court of the United States as quoted by the American President:

“The State, as quasi-sovereign and representative of the interest of the public, has a standing in court to protect the atmosphere, the water and forests either in its territory, irrespective of the ascent or descent of the private owner of the land most immediately concerned.”

I am deeply convinced that the conscientious scruples of a great many of our eminent legislators and loyal men in accepting this doctrine lie only in the fact that they are always busy with something else, never dedicating themselves to any serious study of the forests in their relations to life and the progress of countries; they have never considered that, on account of such relation, the sacred rights of humanity, the life of our children and future generations require a direct and immediate protection for the trees, which protection is undoubtedly a measure of public safety. And really such a protection is as important as any other measure that may prevent the invasion and spread of some epidemic disease.

To the 4th Latin-American Congress I moved that all possible effort should be made to have Brazil and all nations represented at the congress accept the proposition that is found in my address of forests last year, which proposition I write now as follows:

“Preservation of forests in many ways necessary, must be considered as a measure of public safety and it is of urgent necessity to maintain the permanency and abundance not only of the stream flow, but, of the underground waters.”[1]

This proposition, ladies and gentlemen, will do some good for our forests when thoroughly accepted in the countries where the question of right of property has been an obstacle to the protection laws for saving the trees on the private lands.

I make an appeal to you, gentlemen, of all different nations here represented to bring with you the ideas contained in this paper whose value lies only on the strong conviction with which I wrote it.

Let us be united all over the world in this great and noblest campaign for the life of mankind, for the life of our own children, the water, the pure air, the shade of relief of fatigue, the timber, in resume, the life itself. Let us profit by the great lessons of Gifford Pinchot, accepting the wise advice of greatest men of the past and present generations. And may this alarm-cry arouse the energies of the present for the solution of the great problem of the future.

MEANS ADVISED TO PREVENT THE CUTTING OF FORESTS IN BRAZIL.

After the approbation of the proposition contained in the first part of my address considering the protection of the forests as a measure of public safety, we must have some restriction from the states in regard to the use of the generative land of courses, establishing the protective areas, even approximately, according to the good sense, putting them under a provisory police of the tax collectors and the patriotism of the people, until we can get the resources for a most effective police.

We must get annually from the Federal Congress some appropriation, however small, to start the National Forestry Reservation at the head of the great and navigable rivers, progressively enlarging such reservation until it has a sufficient extension.

I think that in general the forests would be preserved if the people knew how to use them systematically if efficient means of preservation of timber could be obtained, in order to use the softer and light wood as good material, avoiding, as said by the illustrious engineer, Joaquim Julio Proenca, the devastation of the virgin forests for hardwoods to be employed in construction of certain importance, principally railroads; if we could plant good species, growing fast to be used as fuel and good timber, for instance, the eucalyptus as is being done in California, and was advised in Minas Geraes by the distinguished botanist engineer, Alvaro da Silveira, and if we could stop or diminish the clearing of forests or old process of burning the forests for fuel and agricultural purposes by divulging the scientific processes of cultivation, and profit by using green wood as a fuel in great factories, using dry stoves heated by the furnace gases, as established by the deceased President Joao Pinheiro in his factory at Caeté, Minas Geraes, Brazil.

From these considerations we have many suggestions how to protect the trees, but, certainly, the suggested measures and those profitable ones found in many forestry codes in our states, must not be taken only by the Union, whose service, as I said before, must be as simple and economic as possible in order to be stable.

The Federal Government in accordance with the states must help the development of the instruction on forestry, establishing special forestry gardens, however small, connected with botanical branch in the engineering courses, for better knowledge and trial of species of rapid growth, suitable for construction and railroad ties; must promote replantation of resistant trees such as eucalyptus in the arid region, principally where the sources permanently or temporarily appear; must promote the employing of light and white soft timber by giving premiums to the inventor of the best and most economic process for its preservation, and finally, must make every possible propaganda by publication of short and practical papers and so on among farmers on the influence and value of the forests.

[1] In my book on the water supply and sewers of Caxambu, Minas Geraes, Brazil, I explained the influence of the forests upon the underground water in a chapter under the title “Preservation of the sources.”

Transcriber’s Notes:

Obvious printer’s, punctuation, and spelling inaccuracies were silently corrected.

Archaic and variable spelling has been preserved.

Variations in hyphenation and compound words have been preserved.

*** END OF THE PROJECT GUTENBERG EBOOK PRESERVATION OF FORESTS AS A MEASURE OF PUBLIC SAFETY ***

Updated editions will replace the previous one—the old editions will be renamed.

Creating the works from print editions not protected by U.S. copyright law means that no one owns a United States copyright in these works, so the Foundation (and you!) can copy and distribute it in the United States without permission and without paying copyright royalties. Special rules, set forth in the General Terms of Use part of this license, apply to copying and distributing Project Gutenberg™ electronic works to protect the PROJECT GUTENBERG™ concept and trademark. Project Gutenberg is a registered trademark, and may not be used if you charge for an eBook, except by following the terms of the trademark license, including paying royalties for use of the Project Gutenberg trademark. If you do not charge anything for copies of this eBook, complying with the trademark license is very easy. You may use this eBook for nearly any purpose such as creation of derivative works, reports, performances and research. Project Gutenberg eBooks may be modified and printed and given away—you may do practically ANYTHING in the United States with eBooks not protected by U.S. copyright law. Redistribution is subject to the trademark license, especially commercial redistribution.

START: FULL LICENSE

THE FULL PROJECT GUTENBERG LICENSE

PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg™ mission of promoting the free distribution of electronic works, by using or distributing this work (or any other work associated in any way with the phrase “Project Gutenberg”), you agree to comply with all the terms of the Full Project Gutenberg™ License available with this file or online at www.gutenberg.org/license.

Section 1. General Terms of Use and Redistributing Project Gutenberg™ electronic works

1.A. By reading or using any part of this Project Gutenberg™ electronic work, you indicate that you have read, understand, agree to and accept all the terms of this license and intellectual property (trademark/copyright) agreement. If you do not agree to abide by all the terms of this agreement, you must cease using and return or destroy all copies of Project Gutenberg™ electronic works in your possession. If you paid a fee for obtaining a copy of or access to a Project Gutenberg™ electronic work and you do not agree to be bound by the terms of this agreement, you may obtain a refund from the person or entity to whom you paid the fee as set forth in paragraph 1.E.8.

1.B. “Project Gutenberg” is a registered trademark. It may only be used on or associated in any way with an electronic work by people who agree to be bound by the terms of this agreement. There are a few things that you can do with most Project Gutenberg™ electronic works even without complying with the full terms of this agreement. See paragraph 1.C below. There are a lot of things you can do with Project Gutenberg™ electronic works if you follow the terms of this agreement and help preserve free future access to Project Gutenberg™ electronic works. See paragraph 1.E below.

1.C. The Project Gutenberg Literary Archive Foundation (“the Foundation” or PGLAF), owns a compilation copyright in the collection of Project Gutenberg™ electronic works. Nearly all the individual works in the collection are in the public domain in the United States. If an individual work is unprotected by copyright law in the United States and you are located in the United States, we do not claim a right to prevent you from copying, distributing, performing, displaying or creating derivative works based on the work as long as all references to Project Gutenberg are removed. Of course, we hope that you will support the Project Gutenberg™ mission of promoting free access to electronic works by freely sharing Project Gutenberg™ works in compliance with the terms of this agreement for keeping the Project Gutenberg™ name associated with the work. You can easily comply with the terms of this agreement by keeping this work in the same format with its attached full Project Gutenberg™ License when you share it without charge with others.

1.D. The copyright laws of the place where you are located also govern what you can do with this work. Copyright laws in most countries are in a constant state of change. If you are outside the United States, check the laws of your country in addition to the terms of this agreement before downloading, copying, displaying, performing, distributing or creating derivative works based on this work or any other Project Gutenberg™ work. The Foundation makes no representations concerning the copyright status of any work in any country other than the United States.

1.E. Unless you have removed all references to Project Gutenberg:

1.E.1. The following sentence, with active links to, or other immediate access to, the full Project Gutenberg™ License must appear prominently whenever any copy of a Project Gutenberg™ work (any work on which the phrase “Project Gutenberg” appears, or with which the phrase “Project Gutenberg” is associated) is accessed, displayed, performed, viewed, copied or distributed:

This eBook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook.

1.E.2. If an individual Project Gutenberg™ electronic work is derived from texts not protected by U.S. copyright law (does not contain a notice indicating that it is posted with permission of the copyright holder), the work can be copied and distributed to anyone in the United States without paying any fees or charges. If you are redistributing or providing access to a work with the phrase “Project Gutenberg” associated with or appearing on the work, you must comply either with the requirements of paragraphs 1.E.1 through 1.E.7 or obtain permission for the use of the work and the Project Gutenberg™ trademark as set forth in paragraphs 1.E.8 or 1.E.9.

1.E.3. If an individual Project Gutenberg™ electronic work is posted with the permission of the copyright holder, your use and distribution must comply with both paragraphs 1.E.1 through 1.E.7 and any additional terms imposed by the copyright holder. Additional terms will be linked to the Project Gutenberg™ License for all works posted with the permission of the copyright holder found at the beginning of this work.

1.E.4. Do not unlink or detach or remove the full Project Gutenberg™ License terms from this work, or any files containing a part of this work or any other work associated with Project Gutenberg™.

1.E.5. Do not copy, display, perform, distribute or redistribute this electronic work, or any part of this electronic work, without prominently displaying the sentence set forth in paragraph 1.E.1 with active links or immediate access to the full terms of the Project Gutenberg™ License.

1.E.6. You may convert to and distribute this work in any binary, compressed, marked up, nonproprietary or proprietary form, including any word processing or hypertext form. However, if you provide access to or distribute copies of a Project Gutenberg™ work in a format other than “Plain Vanilla ASCII” or other format used in the official version posted on the official Project Gutenberg™ website (www.gutenberg.org), you must, at no additional cost, fee or expense to the user, provide a copy, a means of exporting a copy, or a means of obtaining a copy upon request, of the work in its original “Plain Vanilla ASCII” or other form. Any alternate format must include the full Project Gutenberg™ License as specified in paragraph 1.E.1.

1.E.7. Do not charge a fee for access to, viewing, displaying, performing, copying or distributing any Project Gutenberg™ works unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8. You may charge a reasonable fee for copies of or providing access to or distributing Project Gutenberg™ electronic works provided that:

• You pay a royalty fee of 20% of the gross profits you derive from the use of Project Gutenberg™ works calculated using the method you already use to calculate your applicable taxes. The fee is owed to the owner of the Project Gutenberg™ trademark, but he has agreed to donate royalties under this paragraph to the Project Gutenberg Literary Archive Foundation. Royalty payments must be paid within 60 days following each date on which you prepare (or are legally required to prepare) your periodic tax returns. Royalty payments should be clearly marked as such and sent to the Project Gutenberg Literary Archive Foundation at the address specified in Section 4, “Information about donations to the Project Gutenberg Literary Archive Foundation.”

• You provide a full refund of any money paid by a user who notifies you in writing (or by e-mail) within 30 days of receipt that s/he does not agree to the terms of the full Project Gutenberg™ License. You must require such a user to return or destroy all copies of the works possessed in a physical medium and discontinue all use of and all access to other copies of Project Gutenberg™ works.

• You provide, in accordance with paragraph 1.F.3, a full refund of any money paid for a work or a replacement copy, if a defect in the electronic work is discovered and reported to you within 90 days of receipt of the work.

• You comply with all other terms of this agreement for free distribution of Project Gutenberg™ works.

1.E.9. If you wish to charge a fee or distribute a Project Gutenberg™ electronic work or group of works on different terms than are set forth in this agreement, you must obtain permission in writing from the Project Gutenberg Literary Archive Foundation, the manager of the Project Gutenberg™ trademark. Contact the Foundation as set forth in Section 3 below.

1.F.

1.F.1. Project Gutenberg volunteers and employees expend considerable effort to identify, do copyright research on, transcribe and proofread works not protected by U.S. copyright law in creating the Project Gutenberg™ collection. Despite these efforts, Project Gutenberg™ electronic works, and the medium on which they may be stored, may contain “Defects,” such as, but not limited to, incomplete, inaccurate or corrupt data, transcription errors, a copyright or other intellectual property infringement, a defective or damaged disk or other medium, a computer virus, or computer codes that damage or cannot be read by your equipment.

1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right of Replacement or Refund” described in paragraph 1.F.3, the Project Gutenberg Literary Archive Foundation, the owner of the Project Gutenberg™ trademark, and any other party distributing a Project Gutenberg™ electronic work under this agreement, disclaim all liability to you for damages, costs and expenses, including legal fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.

1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a defect in this electronic work within 90 days of receiving it, you can receive a refund of the money (if any) you paid for it by sending a written explanation to the person you received the work from. If you received the work on a physical medium, you must return the medium with your written explanation. The person or entity that provided you with the defective work may elect to provide a replacement copy in lieu of a refund. If you received the work electronically, the person or entity providing it to you may choose to give you a second opportunity to receive the work electronically in lieu of a refund. If the second copy is also defective, you may demand a refund in writing without further opportunities to fix the problem.

1.F.4. Except for the limited right of replacement or refund set forth in paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.

1.F.5. Some states do not allow disclaimers of certain implied warranties or the exclusion or limitation of certain types of damages. If any disclaimer or limitation set forth in this agreement violates the law of the state applicable to this agreement, the agreement shall be interpreted to make the maximum disclaimer or limitation permitted by the applicable state law. The invalidity or unenforceability of any provision of this agreement shall not void the remaining provisions.

1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the trademark owner, any agent or employee of the Foundation, anyone providing copies of Project Gutenberg™ electronic works in accordance with this agreement, and any volunteers associated with the production, promotion and distribution of Project Gutenberg™ electronic works, harmless from all liability, costs and expenses, including legal fees, that arise directly or indirectly from any of the following which you do or cause to occur: (a) distribution of this or any Project Gutenberg™ work, (b) alteration, modification, or additions or deletions to any Project Gutenberg™ work, and (c) any Defect you cause.

Section 2. Information about the Mission of Project Gutenberg™

Project Gutenberg™ is synonymous with the free distribution of electronic works in formats readable by the widest variety of computers including obsolete, old, middle-aged and new computers. It exists because of the efforts of hundreds of volunteers and donations from people in all walks of life.

Volunteers and financial support to provide volunteers with the assistance they need are critical to reaching Project Gutenberg™’s goals and ensuring that the Project Gutenberg™ collection will remain freely available for generations to come. In 2001, the Project Gutenberg Literary Archive Foundation was created to provide a secure and permanent future for Project Gutenberg™ and future generations. To learn more about the Project Gutenberg Literary Archive Foundation and how your efforts and donations can help, see Sections 3 and 4 and the Foundation information page at www.gutenberg.org.

Section 3. Information about the Project Gutenberg Literary Archive Foundation

The Project Gutenberg Literary Archive Foundation is a non-profit 501(c)(3) educational corporation organized under the laws of the state of Mississippi and granted tax exempt status by the Internal Revenue Service. The Foundation’s EIN or federal tax identification number is 64-6221541. Contributions to the Project Gutenberg Literary Archive Foundation are tax deductible to the full extent permitted by U.S. federal laws and your state’s laws.

The Foundation’s business office is located at 809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up to date contact information can be found at the Foundation’s website and official page at www.gutenberg.org/contact

Section 4. Information about Donations to the Project Gutenberg Literary Archive Foundation

Project Gutenberg™ depends upon and cannot survive without widespread public support and donations to carry out its mission of increasing the number of public domain and licensed works that can be freely distributed in machine-readable form accessible by the widest array of equipment including outdated equipment. Many small donations ($1 to $5,000) are particularly important to maintaining tax exempt status with the IRS.

The Foundation is committed to complying with the laws regulating charities and charitable donations in all 50 states of the United States. Compliance requirements are not uniform and it takes a considerable effort, much paperwork and many fees to meet and keep up with these requirements. We do not solicit donations in locations where we have not received written confirmation of compliance. To SEND DONATIONS or determine the status of compliance for any particular state visit www.gutenberg.org/donate.

While we cannot and do not solicit contributions from states where we have not met the solicitation requirements, we know of no prohibition against accepting unsolicited donations from donors in such states who approach us with offers to donate.

International donations are gratefully accepted, but we cannot make any statements concerning tax treatment of donations received from outside the United States. U.S. laws alone swamp our small staff.

Please check the Project Gutenberg web pages for current donation methods and addresses. Donations are accepted in a number of other ways including checks, online payments and credit card donations. To donate, please visit: www.gutenberg.org/donate.

Section 5. General Information About Project Gutenberg™ electronic works

Professor Michael S. Hart was the originator of the Project Gutenberg™ concept of a library of electronic works that could be freely shared with anyone. For forty years, he produced and distributed Project Gutenberg™ eBooks with only a loose network of volunteer support.

Project Gutenberg™ eBooks are often created from several printed editions, all of which are confirmed as not protected by copyright in the U.S. unless a copyright notice is included. Thus, we do not necessarily keep eBooks in compliance with any particular paper edition.

Most people start at our website which has the main PG search facility: www.gutenberg.org.

This website includes information about Project Gutenberg™, including how to make donations to the Project Gutenberg Literary Archive Foundation, how to help produce our new eBooks, and how to subscribe to our email newsletter to hear about new eBooks.