New-York tribune., 1891-05-14

f,,ro,ss,,rers Of the Land Office were given power
q grant to any railroad company formed under that
vet any land belonging to the people Of the state re-
ird for the purposes Of tine road upon terms to be
,creed upon aud in default of such permission such
company could acquire title to such lands by CON
sernnation This act was construed by the Court OF
Appeals, in the matter of the Staten Island Rapid
Transit Company, I03 y. Y, 2S1, TO give
10 corporations organized hereunder the authority 10
acquire lands both from individuals and from the ea'o
for their prospective as well as their present use
provided the necessity for such use In the inmeua''
future is established beyond reasonable DOUBT.
subsequently, and by the act establishing the for
at Commission hapter os3 Section s, Laws OF 1891
was provided that the lands now or hereafter CON
tutlng forest preserve shall be forever kept as WIN
forest lands They shall not be sold nor shai les oc
leased or taken by any person or corporauon' p"oi
private This is undoubtedly an amendmeh' pro ta.o
OF the act OF 1850 But In 1885, by Chap1er w. VI '
session laws Of that year. section 20 oi 'ne "o' u
1850 was amended by reenacting it In the form IN IN
which IL is found in the laws OF 1850 with an anoi
tonsl clause excluding from the provisions OF the Sec
on the State reservation at Niagara and the concourse
lands on Coney Island
Finally. by Chapter 5e5 OF the Laws OF 1890
known as the new Railroad Law, which went lh'o
effect ON MAY l. of this year-it Is provided
section s) that Commissioners Of the Land once
may grant to any domestic railroad corporation any
hand belonging to the people Of the state except the
reservation at Niagara and the concourse GROUNDS Oh
Coney island which may be required for the purpose
of its road on such terms may be agreed on by
them; such corporation may acquire ute Iierevo
by condemnation This act specially rspeals Sec.o ,
o5 Chapter 140, Laws OF 1880, and III It's eencrai
repeating clause declares: 'Such repeal snaii hoV
yive q law repealed by any law heIeby repealed put
shall include all laws amendatory Oh the laws
SNow the question is, do the act Of 1886 and more
particularly the act OF 1890. above qnoteo repesi
1855 In favor OF the Affirmative on this ISSUE 10
the extremely broad language OF the section above
quoted OF the laws OF 1886 and $780, applying as ~ docs
TO ANY lands except those specially exempted anu aus
lie general repeating clause Of the act OF 1890 wncn
repeas all acts amendatOry OF Chapter 140 OF te L"
OF 1850. TO this latter consideration however 40 NO.
acts as are amendatOry In the terms OF the act OF
1850 on the other hand, IL may be urged with great
force that it is Wen PnSpe . % not S favored o
by the courts and that when later ana Iormer
statute can stand together both will stand unless tho
former is expressly REPEALED or te siS snS mn
avodable in WHICH the latter aet STANDS as uie
last expression Of the legislative Will In addluon
there IS also the we'll known principle that were Iau
has been dedicated TO definite public use II cannot
be taken by condemnation for another pubic purpose
In this connection II Is an interesting quesao as 70
whether the setting apart OF lands for forest pre-
serve is not dedication TO public use. within the
meaning of this rule and whether if that Is the case
the taking of part OF such lands or railroad purposes
would not be violation OF the rule: ,,.,
1t will be seen that there Is stlll good nghtng
chance restrain the railroads from gong o1rO9sn
the forest preserve What action Will oe tHe . Dy o me
proper authorities is a matter on which nave 10
New York Forestry Association. that every possible
legal action should be taken to prevent tne luDess
invasion of the Adrondacks by railway companies
tending ms IL would to the destruction OF the forest
and the defeating Of the purposes for which the isnn
ence of opinion among the true friends Of the foeso
preserve and OF the prOpos.i public park