Comment. 461 



State control of private forests was declared by Professor Tou- 

 rney as less desirable than state ownership of forests, and the ex- 

 perience of Europe bears him out. Nevertheless, the State of 

 New York — which does not know enough how to manage its 

 own forests, being prevented by the Constitution from doing so — 

 proposes to go into the business of controlling the management of 

 private forests. There is no other State that has tinkered more 

 ineffectually in forest legislation than the Empire State. The 

 McLelland- Jones bill has passed the legislature — the result of a 

 co-operation of all the amateur associations which are engaged in 

 saving the Adirondacks, some half dozen. 



The keystone of the measure is Section 88, which provides 

 for optional State control of lumbering on private lands. This 

 section provides for the filing by the land or timber owner with 

 the Conservation Commission of a plan for the development of 

 such lands and cutting timber upon them in accordance with ap- 

 proved methods of forestry. On the approval of such plan by 

 the Superintendent of Forests all lumbering on such lands shall 

 be under his supervision- 



In return for accepting this supervision, the land owner be- 

 comes entitled to the privileges provided by Sections 88-b and 89. 



Section 89 provides for the exemption from taxation of the 

 growing timber for a period of fifty years, or until the timber 

 is cut. During this period the burden of taxation will be carried 

 by the State, but when the trees are cut the owner shall pay 

 taxes thereon in one lump sum. 



Section 88-b provides for reforestation at cost by the State of 

 private lands whose owners have complied with the provisions 

 of Section 88, the cost of reforestation, with interest at 4 per 

 cent., to be paid when the timber is cut. Meanwhile, all cutting 

 shall be under the control of the Superintendent of Forests. 



Section 60 provides for a reorganization of the Forestry De- 

 partment under the Conservation Commission, with a Superinten- 

 dent of Forests who shall be a technically trained forester of 

 experience and removable only on charges, thus insuring a con- 

 tinuity of policy and removing the Forestry Department from 

 politics. 



Section 88-a provides for compulsory reforestation of unim- 

 proved non-agricultural lands on the watersheds of the State 



