The sun., 1894-12-28
THELANDBOARDE ENJOINED
ORDERED NOT TO GRANr THE AD-
IRONDACk ROADS NPPLICATIoN.

Ths Rees wsated TO obtsia the Right 20
EStsss Its Iins over ssven Mites Of
state Lssds Before the New Coustitution
aoes Isto Ehect-The Risht Ansrwsrd
Gra.tes by tss Forest Commission.
ALBANY. Dec. ?1.-A State Board was never
IN . more perplc1cd situation than the Land
Board IL Just at present. The matter which is
troubling II seemed rather small at first. but IL
has now assumed proportions which frightsn
some Of the members. 1t is the application Of
the Adirondack rbnd, which is leased by the
delaware and Hudson system. TO extend its line
over seven miles of the state land connecting q
North Greek with Long Lake and passing
through the town OF Minerva, Essex county.
7ho application was filed with the Board at its
last meeting and referred to a committee. con-
sisting Of Attornry.Genera Hancock, state En-
gineer Adams and state Treasurer Colvin. This
committee had n meeting. at which the counsel
for the Delaware aud Hudson road and others
appeared. There was no one present who OBJ
tected. still the matter looked somewhat like
showing fsvoritism to the Delaware and Hud-
eon road, and the Attorney General was not in
favor Of granting the application.
Attorney General Hancock made q report
when the Board met this morning. 1t said that
the Board could not legally grant the applica-
tion, as 1t was not positive which has the power
to grant IL, the Land Board or the Forest Com
mission.
State Treasurer Colvin pleaded for the road,
urging that 1t would open up a beautiful coun-
try 10 the people. He was one of the committee
which had considered the application. he said,
and there was reason why 1t should not he
granted. He offered q resolution granting the
application.
Mr.. David Mcclure OF New York. a member
of the Constitutional Convention and author Of
the forestry amendment, then asked to be
heard. He protested against the adoption Of the
resolution. He said that the late Constitutional
Convention, yoicing the sentiment Of the people,
Cutting % trees on % state lands. He said that
on this amendment to the Constitution there
contrary TO the wishes of the people, expressed
al the polls, to grant the application.
Just as Mr.. Mcclure rose TO speak young
man walked quickly across the room with his
hands full Of papers lie presented one TO
OF the board When Mr Mcclure finished
speas,ng Mr.. Mnl6y sad Nd M that h he q thought that
action regarding the application. as 1t had been
served with an injunction restraining 1t from
sade9 tSst SsGn tSs was at
tune when action on the matter would be fore
stalled by the new Constitution, IL might be
possible. he suggested, to have the injunction
The Injunction was granted by Judge Will
tion OF Henry W. Boyer OF that city, who owns
land in the Vicinity OF the pronosed extension.
bo held here in February.
At the afternoon session the State Treasurer,
who 10 the main advocate OF the grant, said that
as an Injunction had been served. and the
hands Of the members had been tied. he would
as to What Il wished to do. There was asp present
tnll Board with the exception Of Secretary, of
cause Of the serious illness OF one OF his family.
Those present were Lieut.. Gov. Shechan,
Speaker Malby, Comptroller Roberts. Treasurer
(nlytn EnQinppF al m nav ,pu aral
Mr.. Colvin's request for an opinion was re-
sponded TO by Louis taIr, attorney for the Della
ware and Hudson Reilroad who suggested that
the Board override the order. 1t was of no ef-
At Special Term and made returnable at a Gen
eral Term. This could not be legally done. IL
made at Special Term it must be returnable
:, Attorney General Hancock asked what the
the State, to do. Comptroller Roberts suggested
that the matter be referred To the Attorney
Then Mr.. Carr said that he would apply for set.
ting aside the Injunction, and it wouldn't cost
Mr. Mcclure. the constitutional delegate, pro-
tested against the counsel for the road acting
for the Board, lie didn't see why some of the
members should be so anxious to rush the mat
ter they did not fear the people.
Lieut.; Gov. shcehan suggested that the Board
ascertain for Itself where 1t stood as TO the ap-
Mr.: Malby moved that the Acknowledgment
apply to the courts for u dissolution OF the in
Junction. On this motion the Attorney ten
eral, the Treasurer and Mr.. Malby voted in the
Affirmative, and the Comptroller. the State En-
gineer, and the lieuteuant-tiovernori in the
negative. The Attorney -IienerRl voted for the
motion, but is opposed to the application.
MI Sheehan, In order to kill the application,
moved that action regarding IL be postponed
until Tuesday,when the new Constitution would
prevent any action.
State Treasurer COivin would not consent to
this, and moved an amendment that the matter
be postponed until next Monday. The amend
mont was adopted.
Members Of the Board say that the applica-
tion will be refused when IL comes up on Mon
day. This Is the last day in the year. and the
last day In twenty years that this or a similar
application can be granted.
After the matter had been postponed, argyll
ments for and against the application were
heard. Among those who favored it were ex-
Senator John Foley, Henry q. Burleigh. ex-Sen-
ator l.. T., Emerson, A. f. Hall, ex-senator
warner Miller, and Commodore Bradley. Those
who talked against 1t were Daniel q. Griffin and
David Mcclure.
After the Board adjourned, Forest Commits
stoners Weed. Tilden, aud Schuyler met In their
room on the fourth floor of the Capitol, and
granted the application which was pending be-
fore their commission, AS well as the Land
Board
Tho interest manifested in to-day's meeting
OF the Land Board was occasioned by the fact
that after the new Constitution goes into effect
on Jan no part of the States forest lands can
be sold, leased, or exchanged.