New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-01
TT WILL GO TO THE COURTS.
THE LAND BOARDS ACTION WILL FAClLl-
TATE THE RAILROAD COMPANY'S SUIT.
IT FORMALLY REFUSES THE APPLICATION of
THE DELAWARE AND HrDsoN's ATTORNEY
FOR PERMISSION TO EXTEND THE

IT FORIALLN REFUSES HE NiiHi'"' -
THE DELAWARE AND HuDsoN's ATTORNEY
FOR PERMISSION TO EXTEND THE
ADIRONDACK RAILROAD.
Albany. Dec Si-The adjourned meeting OF the
state Land Board 70 consider the application OF
tho Adirondack, Railroad controlled by the Della
ware and Hudson Canal Company, for PERMISSION
to extend It's line from North creek to Long Lake
a distance OF thirty miles. took place soon aiter
noon to-day The point in dispute has been
whether the State should grant the road authority
TO traverse state land in the Adrondacks' inc
private land owners along the way having already
granted the company free right OF way. Under the
now Constitution. which takes effect tomorrow
the board would h.Lvc no authority to grant any
such concession and today the last day II
could De considered.
The members OF the board were all present cN-
ccpt Sneaker Malby. Lleutena Governor Sheehsn
presided other interested persons in attendance
as spectators were Colonel Mcclure. OF Newly ork
who fought the roads application at the meeting
on Thursday: -. g. Griffin. OF Watertown. counsel
FOR sir. Boyer who secured the injunction order
restraining the board from acting on Thursday ex-
senator Foley OF saratosa. who appeared for lun-
hcrmcn favorng the application. and Lewis b. carr
counsel for the road
After the board had convened. Attorney General
Hancock called attention to the modification OF the
Injunction order secured by the Adirondack road
people from Justice Pardon C. Williams. at Water
town. He said tc interpreted the modification ms
giving the Lard Board power to refuse the rnii-
roads application. In this connection he aSan
offered The resolution which he fathered at Thurs
days session OF the board providing that the roads
application be refused for the reason that the
board had no jurisdiction. State Treasurer Colvn
seconded tho resolution.
Colonel Mcclure asked permission to address
the board. lie hoped the resolution would not pre-
vail ne he o accord
privilege asked 1t necessarily had not the power
10 refuse IT, The railroad corporation had spurned
tho board. and treated its authority with con-
tempt II went sure ptitiously and at nght TO an
other state board the Forest Commission and
got 1t to grant II the privilege asked. Certainly
tho applicant had not acted IN way that VAS
dignifcl or proper. and why should the members
anybody's bchcst IN thi, affair,
Attorney General Hancock. iu rcQly said That the
Same action was taken by the Land Board upon
Attorney General Tabcrs accommodating when
similar application cam" up In lNl. The Lana
isEcn by " the S'T Forest rest 'c2oHrnls-.on
LeNis l. carr attorney for M AdroRdsck roS 90
asked 20 take any action as second uddl's lie re-
PEELED Tho charge that ihc apGhcint h"l 'on' any,
thinE sl4rcgutiously behind closed DOORS OF III an
u q Grnin desired 10 cal attention to the motive
70 the applicant In asking o. nav" thr b,tri r,tse
% make 'he sr1t IT, de.ar1i nay -, The SSarr
r1si 10 have th, lands conl .mnel ana taken under
rt .-F az
'Csntrr5i,cr ROBERTS interpos@d that he though,
me board could AZ vel walt the action Of the
courts on fne point "heth'r tn,y ma rsh' 70
Iieufenapi-G1ycrnor Shecian woVci - lay tho
resolution on the table. controller Robcris Sc,
or.lei fl. motion The yeas and nays we're called
fr. AMI o,y N Lieutenant Governor and tho con
trol'cr vo'sl for tho notion AMI r. vas lost At
i0fuey-General Hancock. Secretary o' state Pamer
STATE Treasurer cllyn AMI state Engineer Adams
r.s'nc the negative votes
Iacufenant-Goycruor Shechan asked the Attorney
General II ln he opinion The Adirondack road coui
gel the lands through the courts Mr. Hancock re-
bat he considered that the adoption ~ his resou-
ton refusing the roads request would have no bear
Colonel Mcclure said there could be no question
mt that the right ~ eminent domain would lie
Nth tho road. fhr tho Akron lacks were con-
ccTncl. until midnight Tonight by voting ~ reIuse
the request the Land Board VAS putting IL IN the
power ~ the company . violate ~" "prt OF me
amendment 20 ne Constitution. which would pro-
4 vote mon occurred on the resolution - the At
General to refuse the railroads application
ami IL MAS carried 20 . Lieutenant i0frnor Shee-
han AMI Controller Roberts VOTING IN the negative
Tho board then adjourned
~ meeting II thu state Forest Commission was
h.fI f'.ssV 1'omutisslDn.r Trien arrived here
thf. afternoon but len town again az O'clock as
there WIS no prospect u a quorum assembling. MT
Weed WAS the only commissioner IN town u was
expected that the Commission would BE- asked %
reconsider TIE permission IL gave the Adiron lack
Railroad 10 extend ia road over State lands IN Is
sex County. The Commission had 10 reconsider such
permission to-day u At al.
fOrty-onc applications made by lumhcrmeD for per
mission to cut timber In the Adirondack tor three
wears from January l. The Constitution which goes
Into effect tomorrow prohibits the disposal ~ state
forest preservcs and number Of lumbermcn and
pulpmnl owners had endcavorcd 10 get the Land
Board TO anticipate the operation OK abe consttu-
ton and grant them the right TO cut all the timber
they desired AZ - cents a market log Their pans
however. were defeated