The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-20
SKTNNTNG THE GDRONDACKS.
PROTECTIVE ASSOCIATION ASKS
FOR A NEW COMMISSIONER

.c,ndalous announcement Of the State
forest lands have been made against De Witt
& Middleton, who IL Forest, Fish and Game
Commissioner OF the State by the Associa-
tion for the Protection Of the Adirondacks,
Of which Henry +. Rowland Is president.
Mr. Middleton's term Of office expires
on March 20 and the Governor has the
appointing Of his successor. The term Of
Office Is four years and the salary Is 5000
a wear and expenses. Mr.. Middleton
comes from WATERFOWL and has held the
Office four years. He announced some
time ago that he was a candidate for re-
appointment.
On March IS the association sent this
letter to the Governors
DEAR SIR: The trustees Of the Association
for the Protection Of the AdirOndacks having
received information that the present For
oct Fish and Game Commissioner, whose
term will expire on the 2etb instant, is a
candidate for reappointment. Il was resolved
At a meeting held yesterday that II Is the
oplnion Of this association that the interests
Of the people will be best served by the re-
appointment Of neither the present Forest,
Fish and Game Commissioner nor the present
Chief Game Protector under the commission,
for the following reasons:
T. Because Of their acauiescence IN criminal
violations Of the law.
:? Because Of their neglect or refusal TO
insist upon the imposition Of an adequate
penalty for these criminal violations
s. Because Of their neglect TO prevent the
removal Of timber which Is the property OF
the state from the State lands.
IL was also resolved that this resolution
be communicated to you with the earnest
and respectful request that you do not re-
appoint the incumbent Commissioner and
that you take such steps as may be proper
20 relieve the State Of the services Of the pres
ent Chief Game Protector. In behalf OF the
board Of trustees, / remAin very truly yours,
HENRY s. HARPER, Secretary
The chief Game Protector Is ]. Warren
Pond Of Franklin county. He Is appointed
BY the Commissioner. The charges
brought against both Mr.. Middleton and
Mr.. Pond are the result Of long investi-
cation made by the association into what
has been going on In the State forest lands.
Records Of officials were looked up and
men were sent into the Adirondack reser-
walton on snowshoes to get information
At first hand. The facts gained In this way
were laid before Gov. Higgins In a long
litter which was sent to him by Presi-
dent Rowland on Feb. n. In this letter
Judge Rowland asked the Governor to
take imme diate steps 70 enforce that section
TO the lands constituting the Forest Pre-
serve: Nor shall the timber thereon be
sold, removed or destroyed Judge How
land wrote that two Attorney -Generals
had declared that this meant that no timber
whether standing, felled by an axe OF killed
by fire could be removed, and also that
under Section 222 Of the Forest, Fish and
Game law a person who cuts or carries
away any timber Is guilty OF misdemeanor'
Judge Rowland then went on TO cay that
Al. he axAA eahnvvfN o that
these provisions Of the Constitution and
statute have been treated by Interested
paTties with as much indifference as II they
did not exist. The law OF the State Is
arisen which we do not hesitate to charao-
teriDe as a scandal Subordinate officials,
vested with the management OF the States
forest interests, have not only failed 70
stretch out the vigorous arm OF the law and
enforce the prohibitions which the law
imposes; but rather, by apparent inaction
during the operations Of trespassers, and
blythe considerate tre atment ofthe offenders
aRter their depredations have been com
mitted. have virtually established syste M
Of traffic by which timber from State lands
IA acquired by those who desire 1t as easily
as by purchase from private parties
not more easily.
Soon after the last Legislature adjourned,
Il IA charged contracts were let by private
persons for numbering on State lands, and by
June there were lumber camps in full opera
ton all over the restricted territory, Tim
her was cut and stacked up by streams
by the lumbermen without any moleeta-
ton from the State officers. Then, after
the wood was all ready 10 haul away, IL
II charged, the men having the contract,
either personally or through mutual ac-
utiaintances made complaint against
themselves for violating the State forest
laws The local Game Protector entertained
the complaint and in company with the
aDTlHlt
convenient Justice of the Peace. Ihe
hmbermen confessed judgment and the
Justice Of the Peace set the price which
the culprit must pay the State for the wood
he had cut. No prohibition apparently was
ever imposed against hauling the wood
away after these formalities were gone
through with.
The penalties said the association
N its letter, when compared with the
market price Of timber stolen were such
ss 10 make the transactions profitable
for the offenders provided they eventually
got the timber.
when operating individually, the con-
tractors themselves paid the penalties
In other cases the penalties were paid by
the pulp OF lumber company which hired
the Johbers, The operations could not have
been begun and continued without hav-
ing become notorious at once, and we
believe could have been promptly pre-
vented by the vigorous action Of the officials
hw'
In conclusion, the association asked In
this letter that the Governor take measures
TO stop at once such unlawful operations
and prevent the removal Of any timber
already cut, whether penalties had been
imposed or not, in order to make them
real penalties and not a virtual sales price.
The Governor was also asked TO secure
the punishment Of persons who had either
cut or carried away timber under the law
making it a misdemeanor; and to remove
from the service Of the State amy employees
or officials through whose incOmpetenoy
or lack Of other necessary qualifications
this unwholesome situation has arisen.
Finally the association asked that the law
be modified In such way as would readjust
the normal functions Of the commission
and restore to the Superintendent OF Forests
the practical management OF the State
forests
The evidence was laid before the Gov
enor on March last by Mr.. Rowland.
The evidence was taken from the records
Of the commission, Of the game protectors
and Of the justices Of the peace Of the region
where the operations have been carried
on. Il is in the form Of records Of tres
passes In the various towns within the
limits Of Adirondack Park and fills many
pages The name Of the game protector
= - IL In,