New-York tribune., 1891-05-26
DIR. WEBBS APPLICATION.
NOTED LAWYERS TO ADVOCATE 1T BEFORE
THE LAND BOARD ON THURSDAY.
ATToRNEY-GENERAL TABOR TO SUBMIT AN
OPINION TO THE EFFECT THAT ONLY THE
FOREST COMM ssIoN HAS POWER TO
GRANT PERMISSION TO DR. wEBB's
ROAD TO CROSS THE sTATB
FOREST LANDS HIS

FOkEST LhNDS hAS
FORMER OPINION.
01ox THE REGULAR CORRESPONDENT OF THE TRIBUNE.
Albany, May 25.-The proposal OF Dr. W. Seward
Webb TO build a railroad In the Adirondacks from
Herkimer on the New York Central, to Malone, upon
the Ogdensburg and Champain, will be argued before
that high and mighty body the Board OF Land Com
missoners Thursday by some of the leading lawyers
OF the State, 1t announced to-day that Dr.
webb's application for permission to cross the States
forest lands would be supported in arguments by
Augustus Schoonmsker OF Kingston formerly Attorney
General OF the State later member Of the Inter
state Railroad Commission: by Charles NJ. Patterson
OF Troy formerly Speaker Of the Assembly; by ex-
Senator Hamilton Harris Of this city; by exspeakcr
James W. Hustled, Of Peekskill by Henry L. sprague,
Of York. and by distinguished lawyer OF Franklin
County. Added to these will be ex-senator warner
Miller Of Herkimer, and many Of the leading citizens
OF Herkimer and Franklin counties 1t Is said that
Lieutenant Governor Jones, Speaker Sheehan, Con-
troer Wemple Secretary Of State Rice State Treasurer
Danforth Attorney General Tabor and State Engineer
Bogart, who are members Of the Board of Land Conn.,
missioners, have all sent word that they VIII DC
present at the important hearing.
Attorney General Tabor said to-day: al have pre-
pared an opinion which I shall submit to my fellow
members of the Board of Land Commissioners IN whch
l shall take the ground that our Board mas no lesai
right grant these lands to DR.. Webb's railroad inc
Adirondack and St. Lawrence, but that this rght ress
people, know think that have the authority, and
rest their Judgment upon railroad acts passed in 1885
and In 1890. But from my examination OF the statut'
led to the opinion that the Forest Commissioners
have sole control Of the wild lands OF the State ana the
Land Board only Of other State lands. The railroad
counsel also relying upon opinion which signed
in 1885, declaring that the Land Board had the con-
troll Of all the States lands. The opinion was written
by one of my subordnates. and he seems to have
missed the acts Of recent conferrng the control
Of State forest lands upon the Forest Commissioners
OF looked at his authorities, and they seemed
to me satisfactory when l wrote the opinion; but
could not be of his having neglected to take
into account other statutes Possibly he
Of them perhaps he took the view as the rail-
road counsel that they had superseded the laws con-
ferring this right upon the Forest Commissioners"
The law upon which the railroad rely is Chapter
e01 Of the Laws of 1886. 1t says;
Section 1-Secton rs of Chapter 14o Of the Laws Of
1880 entitled IAN to authorize the formation OF
corporations and to regulate the same is hereby
amended 10 read as follows
section 25-The Commissioners the Land ONCE shall
power grant railroad company formed under
this any land belonging to the people OF this State
which may be required for the purposes OF their road on
such terms may be agreed by then or such com.
pany may acquire title thereto by appraisal as In the
Of lands owned by individuals and II any land
belonging to q county or is required by any
psny the purposes Of the road the county or town
officers having the charge of such land grant such
land such for such compensation De
agreed upon. The land included In the State Reservs-
Niagara and the Concourse lands Long Island
expressly exempted from provisions this
section 2 This act shall take effect Immediately
The General Railroad Law Of 1890 repeats this deca-
ration but In the opinion of the Attorney General, it
has no application In view OF acts passed in 1857
1890 giving the Board of Forest Commissioners control
Of State forest lands. The opinion which the Attorney
General has to revoke was as follows:
Attorney Generals ONCE
Albany. Nov. 2s, 1888.
To the Commissioners Of the Land ONCE.
Gentlenen The application Of the Northern Adirondack
Railway to purchase State lands situate Township
L. County, taken by it In the It's
road having referred to me, have the honor
port:
That from the papers used In the application II appears
that the railroad company has built its road several
lots mentioned therein without securing release of the
States title thereto and that object OF this application
is to perfect title the land taken Chapter col OF
the Laws 1885, amending Chapter 40 Of the Laws OF
1850 commonly called the General Railroad act confers
upon the Commissioners Of the Land Oce the power and
them TO grant to railroad company formed
under grant any land belonging the people Of this
State which may be required for purposes their
such company may acquire by appraisal
In the case Of lands owned by individuals.
In this grant is asked for 100 feet in width
tending across the several lots mentioned making
Of about twelve While ordinarily the letter
way to aek thing desired before spproprating still
YOU have authority 10 make the grant now agree
with the railroad company to the value Of the land ap
proprated would that inquiry be
the value OF the land before accepting the offer 400
from the company. CHARLES T. TABOR.
Attorney General.