128 REPORT OF THE COMMISSIONERS OF 



Thus, some prosecutions commenced originally for a comparati\-ely trivial offence 

 have resulted in contests in which tlie State's title to large and valuable forest areas 

 are imperiled. 



In 1886 a forester seized a pile of logs on the southeast quarter of Township 24, 

 in Franklin county, a tract of 7,500 acres belonging to the Preserve. The Forest 

 Commission sued the lumberinan who cut them, who in turn set up the defense that 

 the State's tax title was not a valid one. This litigation has been in the courts ever 

 since. It has become widely known as a celebrated case, and is one of the many suits 

 whose management and perple.xities were bequeathed to us by our predecessors in 

 office. 



As )-et, the State has not lost any of these land cases. The more important ones, 

 at present, are in the hands of the Attorney-General. The}- are also under the gen- 

 eral care of the Superintendent of Forests, who, by reason of his connection with the 

 Forestry Department since its inception, is familiar with the evidence and acquainted 

 with the witnesses necessary in carrying on each suit. One of these cases — State vs. 

 Benton Turner — after being carried up by the defendant through all the State courts, 

 including the Court of Appeals, is now on the calendar of the United States Court at 

 Washington, in which the constitutionality of the " Law of 1885 " will be tested. 

 Two other suits brought, respectively for the possession of Lower Saranac Lake and 

 Raquette Lake and for the townships in which they are situated, are also pending in 

 the United States Court. 



This constant litigation is due to the fact that while the State holds the land under 

 tax sale titles, other parties have the deeds. As the latter would come into full pos- 

 session of the property in case a jurisdictional defect could be shown in the levy of 

 the ta.x, there is always a strong inducement to hunt up irregularities, real or alleged, 

 and plead them in court. 



Within the last ten years the State has expended in the litigation of these matters 

 more money than would have been necessary to buy these deeds or so-called "bottom 

 titles." There is good reason for believing that the State might do so yet, and save 

 money by such transactions. In accordance with a suggestion in the Governor's 

 recent message, some special appropriations made by the Legislature for this purpose 

 might be intrusted to the Attorney- General and Comptroller, who undoubtedly could 

 acquire deeds to certain lands for less money than it will take to defend the State's 

 title. These deeds once obtained there could be no further litigation, the titles would 

 be quieted, and the State ownership respected by all. The thieves and squatters who 

 have hitherto operated under cover of these disputes would cease their annoyance. 



