New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-28
UNTRUE TO ITS TRUST.
THE STATE FOREST COMMISSION De
FEATS THE WILL OF THE PEOPLE.
CONTRARY To THE LETTER And SPIRIT OF THE
NEW CONSTITUTION. 1T CONSENTS TO THE
SALE OF STATE LANDS TO THE della
WARE AND IupSONA Use

rBY TELEGRAPH Tp THE rRIn"NEl


LESS INJUNCTION.
fBY TELEGRAPH - THE rRIprNE.l
Albany. Dec. 27-When the people of the state
at the late election adopted an amendment To
the Constitution rorbidding the sale Of the
States forest lands. there can be no question
that they meant what they did. The amend
ment is explicit. It says:
The lands of the state now owred or hereafter
acquired. constituting the forest preserve as nov
nNed by law. shall be forever kept as wild forest
lands. They shall not b. leased. sold or eNchansel'
be taken by any corporation. public or private.
nor shall the timber thereon be- sold.
But the Constitution does not 80 into effect
until January l. Small as is the time for grab
bing the States forest lands. nevertheless on"
corporation, the Delaware and Hudson Canal
Company had its representative before the
state Land Board to-day. trying To- gain pos
session of lands extending FOR a distance of
five miles in the Adirondack forest preserve.
The railway company says it desires To extend
its track for thirty miles. from North Creek
to Long Lake and it's route crosses five miles
of the States lands Resistance was offered 10
the application by David Mcclure OF Ncw-York.
the delegate To the Constitutional Convention.
who drew up the forest amendment and 10y
Daniel q. Griffin in behalf of commission re
Gently appointed 10y Governor Flower to guard
especially the water supply of III forest pre-
serve. Mr. Griffin served upon each member Of
the Land Board an injunction issued 10y Justice
Pardon G. Williams OF the supreme Court. en-
joining the board not @ sell the lands To the
Delaware and Hudson Attorney -Gcneral Han
cock In an elaborate opinion which he read to
the Land Board declared that 1t had no legal
authority to sell an acre Of the land of IN"
State within the limits Of the forest preserve.
The members oc the Land Board heard arsu-
ments from ex-senator Warner Miller. Lewis
4. Carr and cx-Congrcssman Henry G.. Bur
leigh in favor of the application. After these
and the counter arguments. it directed the Al
torncy General to appear in court and seek 10
get the injunction dissolved and then adjourned
until Monday. without acting upon the applica
tion.
The members q the Land Board present AT
the meeting were ACKNOWLEDGEMENTS Sheehan.
Controller Roberts. state Engineer Adams. At
torncy-G General Hancock. state Treasurer col
yin and Speaker Malby. The member of tho
board who seemed most anxious To- sell the
States lands was state Treasurer Colvin. while
Controller Roberts and Attorney General Han
cock both vch"mently opposed the sale. Lieu
tcnant-Govornor Sh"-han expressed the opinion
that. AZ Attorney General Hrncock had given
IT," opinion that the Land Board had no legal
authority 10 sell forest lands, hc should hc up-
held.
argument delivered N favor % IA" Application.
lie held that railways carried tourists into tho
Adirondacks at much lower rates than ar"
charged 10y any other method Of conveyance.
and that therefore their construction should hc
encouraged and not discouraged by the state.
IL WAS a mistake. he declared 10 think that
railways caused forest fires. That WAS not the
fact. Moreover they gaze opportunity - thou
sands OF persons 81 moderate means 10 gain
access 10 the loveest parts u the AiironIacH,
The state forest preserve was 10 be- u popular
sanitarium and not merely resort FOR rich
men. Mr.. Miller said that some business assoc
ciatcs Of his and himself owned 1900 acres -
woodland. the value of which. II the building ~
the proposed railroad was prevented. would De
reduced from g. acre 10 81 an acre. The
State would practically coniscatc this property
If the building of the railroad extension was
stopped.
Ex-Congrcssman Hurlcieh sa.l mat there was
no forest upon tn laui which the Delaware ana
Hudson desired - possess. bat that IL had been
burned on and argued t.1t the state had ia
tcrcst in holding ID.
David Mcclure followed with an appeal to the
board 10 rciu-r e. grant the appli alton. H.
said that public opinion IN the stat was almost
unanimously opposed = any further grants OF
State lands
The Delaware ana Hudson however. this even
ing secured the state Land u desired at til" hand
OF three members of the Forest Commission. The
railroad company b., j applied T. the Commission
as we'll as t. The Land Board FOR permission II
buy the lands between Norih creek and Long
Lake. According TO Attorney General Hancock.
the members OF tho Forest Commission are tn.
Only officers who have Il legal right t. sell the
State forest lands. Tn" injunction issued against
the Land Board by Justice Williams. therefore,
ought to have been addressed t. thc Forcs; Com
mission.
The members Of the commission were appointed
by Governor Flower. who has always pretended 10
be an ardent champion ot the forests Mr.
Flower must have made some sad mistake in his
selection since after only thirty minutes con-
sidcratiOn his appOintccs granted the Delaware
and Hudson Canal Companys application. The
members Of the commission present ~ the meet
ing were Samuel j. Tiidcn. Of Chatham. Clark
Weed. of Canton. There were two members who
were not present. Nathan Straus of New York.
and Francis r.. Babc)ck. ~ iornellsvlc. II Will
thus be seen that the men especially charged with
the duty OF guarding and preserving the forest
lands of the State were untrue 10 their trist
II has been pretty clear ever since the No
vcmbcr election that this Democratic Forest Com
mission would be- dismissed from further ser
vice for The State. The unfaiihfulncss Of its
members in the present instance VIII doubtless
lead to their removal from office by summary
process as soon as the Legislature meets. The
people Of the STATE said at the November election
that the State forest lands should not be- sold.
The Republican state officers to-day revealed
their desire To- obey the mandate Of the people:
but the Democratic Forest Commission Tonight
dciied the will Of the people II has gained no
laurels by its past actions. and II viii be now re-
tired from Office followed by the cehsdTe 81 inc
people.
II was reported late tonight that thc action "f
th. Forest Commission would have tu be con-
Grlncd By the Land Board and that. in fact. II
was merely Il recommendation 10 the board. IN"
latter therefore,. may check this steal OF tn"
states land. The case will probably be fought
out in the courts this week.
FIVE LIVES LOST OTER 4 CAME or CRdPS