New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-11-30
PROTECTING THE FORESTS.
TUT CHAPLIN ACT SUSTAINED by THE
COURT OF APPEALS.
NO MORE Dovsgr AS TO THE TITLE ~ "

NO MORE DOUBT AS TO THE TITLE III ihN
,.Sp-JuDGE RUGER's OPINION
,w,ou rrr REGULAR CONFECTIONERY OF THF T',susn
Hs,hanv Nov ce-At last the state, by decslo"
. 49, Court n. AnpeaIs the present week, sustaining
~. onsttutionaty of Controller Chapms forest rro
section act has good reason FOR thinking 'hat us
,orest preserve composed of s5os77 acres Is owned
nv itself and not perhaps, by several hundred ium-
termen. 49,.
II will surprise most persons to Know 'ha' 'hore
,as doubt about the states ownership OF the forest
49, credited 70 IL In the Adirondacks and elsewhere
=, 81. STATE but in truth until the present week the
ror,srv Commissioners have had good reason 10 rear
chat eyery acre Of the land nomnay under their care
would be snatched away from them OWING " uoio0.'
In IN. tax laws II should be stated In order that this
situation may be understood that all OF the iaiiu
owned by the state in the Forest Preserve came 10 u
pwipx 10 the failure OF the OF this property 10
pay the taxes upon IT, The State thus acQureu '"o
land At tax sales and never by direct purchase
Freouently owing 10 the ignorance or Rnavey OF tho
tax assessors mistakes were made IN lmpoS'hs ','
on woodlands, or else mistakes would DO hiauo W
Boards Of Supervisors in their proceedings rsPeo's
The collection Of unpaid taxes Shrewd lawyers IAN
ing advantage OF these mistakes, woulo suoooou ~
supeas to the courts in annullng the tax sales mace
nj these times and thus hundreds OF acres OF Vauaoo
oodland In former wears have been taken away IRON
IN, State But In 1855 Controller Chapln are" up
m sct. which the Legislature passed, crestihg Ia"
M limitation so far as these state tax-saic Janus
Uere concerned. In this act the former owner vi any
norton Of these lands given six months 10 prove
suy error in the legal proceedings by which the s'ae
had acquired his lands If he should fail 10 come
forward within that period, the states tue shoula
he considered good, and when the Controller shouu
accept the account of such tax sales from the various
county trcasurers the account 10 be considered
conclusive evidence of the regularity and validity OF
all taxes levied oi the lands In question Formerly
such accounts were considered merely "pfeSumpuVe
evidence Of the States ownership. In future they
will be held 10 be " conclusive evidence" and there
will be few lawyers able TO break down such title
Tho LAWYERS of the lumbermcn contemplating making
raid on state forest lands will find that their prey
has escaped them.
II is this Chaplin law that the Court Oi Appears
now declares 10 he constitutional Chief Judge Kuger
writes the opinion. evidently having considered the
principle involved highly important one. and es-
pectally SO since foreigners who formerly owned
,sxsale lands may tale the matter 10 the United States
supreme Court and seek TO pit ii against the Cour'
of Appeals Of this state. The Forest Preserve lands
which thus come into the possession OF the stare DC
yond question, owing 10 tic decision OF the Court OF
Appeals are divided among the counties as follows