New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-29


TON IN THE NATTER FoRcIBLE
SPEECHES FOR AND AGAINST
THE APPLICATION MADE
AT THE HEARING.
-... rux REGULAR CORRESPONDENT or THE rRIBuxE.l
Albany. May 2s-The Board Of Land Commis-
s;oners. which has as its members Lieutenant
Governor Jones, Speaker Sheehan, Secretary of
State Rice, Controller Wemple, State Treasurer
Danforth, State Engineer Bogart and Attorney
General Tabor, executed the somewhat embarrass-
ing manoeuvre to-day of right about face" In
1850 its members authorized the Northern Adj
rondack Railroad to continue in occupation OF a
GOOD MANY miles of State forest lands through
which it had ploughed. In 1890 the same Board
authorized Smith NJ Weed to extend his Chateau
CAV Railway over State lands between Saranac
Village and Lake Placid This action the Board
took in view of an opinion by Attorney General
Tabor that it was authorized to grant this per-
mission 20 railroad companies to cross State 1oreso
lands But to-day, acting upon another opinion
of this same Attorney General, the Board denieo
an application made by DR.. w. Seward
Webb. of the New-York Central, to con-
struct a road from Herkimer to Ma
lone to be known as the Adirondack ana
ST. Lawrence, which will run for a few miles upon
State lands situated in Franklin County Inns
was done, despite the fact that the route OF the
St. Lawrence and Adirondack in Herkimer ana
Hamilton counties was so changed yesterday that
It avoids all State lands, and only touches them
for a few miles in Franklin County, and in that
case touches lands which have been denuded OF
their timber, and which lie outside Of the ooundar
les of the Adirondack Forest Park.
The hearing before the Land Board was re-
markable one Usually the meetings Of this body
are not regarded by the public, and no bearers
are present But to-day the big room Of the Sec
rotary of State, at the northeast corner OF the
white granite Capitol; was crowded with railroad
men, State officers and prominent citizens OF Herkl
mer and Franklin couities, DESTROYS of the con-
struction of DR.. Webb's road. Many of the lead
ing men Of the Mohawk Valley and of Northern
New-York were present, and strongly advocated
the granting of the application made by the rail-
road, as a means of increasing the growth in popu-
lation and wealth Of their localities.
The hearing opened by Henry L. Sprague sub
hitting an amended application by the Adirondack
and ST Lawrence for permission TO cross the State
forest lands. Mr.. Sprague said that, in Difference
10 public sentiment, the route of that road had
been again surveyed and, although 1t would cause
more expense, the road would modify its route so
ms to avoid all the State lands in HerSimer and
renee had also purchased the right of way the
only township which had been included within the
proposed Adirondack Park Finally, it now asked
only permission to pass over some State lands in
franklin County which had been denuded of their
forests. The land was worthless, and especially
so to the State since it was outside Of the lin
its of the proposed Adirondack Park.
But the first words of AttorneyGeneral Tabor
Shower that he had written opinion adverse
to the application. He took the ground that the
Board of Land Commissioners had no jurisdiction
bver the State forest lands, and therefore could
not grant permission to any railroad to cross these
lands Here is digest of his long opinion
First he holds that Section rs of Chapter 40 Of
the Laws of 1850 beng the General Railroad Act orig
naly provided that, "the Commissioners Of the Land
once shall have power to grant to any railroad com
pany formed under this act any land belonging 70
the puTposes Of their road This continued the law
until the passage of Chapter COL Of the Laws Of 1886
cnseS the state Reservation at Niagara and the Con.
course lands at Coney Island are expressly exempted
from the provisions Of this section" IL Is nelo tha9
this was in fact limitation upon the power and
nos secondly II is further held that Section of Chapter
be5 Laws of 1890, was passed in pursuance OF re
port Of the Revision Commission, appolnte.d under under
mission to report bills only for the consolidation and
revision Of the general statutes OF TINS state reaue
TO corporations and they were directed to provide
for the specific repeal Of the statutes which were TO
be superseded covered by the statutes proposed by
them. 1t is held that Section Is simply REVISION
s RsiiTosd act a s amended j in ot is $50
Chapter sos which section states that the provisions
Of said chapter so far as they are t M o luxe
strued as a continuation Of such laws, modified
or amended according to the Language employed in
Thirdly that Chapter ESQ Laws Of 1852 entitled ID
An act to establish Forest Commission and 70
on Of forests" provides that, as to the lands con-
Itituting the Forest Preserve they shall not be sold
corporatIon. public or private it is held that this
is dedication Of the lands therein mentioned to the
o. us Iss5 Was amended by the Legislature in
1857. 1888, 1880 and 1880.
of the provisions of the Of 1885. It is further
held that there could not have been any implied repeal
by the courts to have been effected unless the repug
nancy between the former and later statutes Is iTec
oncilable and where the repugnancy is clear and man
fest II is further held that the Railway law and
embracing separate provisions as to different classes OF
Filthy, IT Is further held that the general power
contained in Section % Of the Railroad Law, author
izing the Commission Of the Land Office TO grant
any land belonging to the people Of this state" had
lature TO another public use under the ward and con-
troll Of the State and that. notwithstanding the gen,
sss II could not be claimed that the Commissioners Of
the Land ONCE would have been authorized % make
grant of the canal lands the salt lands the land upon
which the Capitol stands. or the land. upon which
stand the prisons and armorics Of the state.
sixthly in conclusion the Attorney General holds
that there is no power or jurisdiction In the Land Board
10 make any grant OF the wild forest lands, eXcept
those specifically authorized TO be sold by Section Z
which consist Of lands purchased upon the foreclosure
Of United States loans. lands WITHIN the limits OF an
Incorporated village or city.
Secretary Thornton of the Adirondack Park
Association. presented an opinion written by Ed
ward Lauterbach. in which the latter declares
that neither the Law Board nor the Forest Com
mission has authority to grant permission to the
Adirondack and St. Lawrence. nor TO any other
railroad to occupy State forest lands
That lopinion said Warner Miller. does not
come here with the Endorsement Of the Adirondack
Park Association. II is simply Mr. Lautcrbach's
opinion, and not that of the association. We
favor the construction of this road, under
proper restrictions" William r. Weed. of Pots
d., A. Ad;popdack PARK Asso-