68 TRANSACTIONS OF THE [DEC. 9, 



sistent with its uses as a park, a summer aud health resort, and 

 a game-preserve for the people. Nor is it inconsistent with a 

 forestry administration similar to that which has been in suc- 

 cessful operation in Europe for more than a century. There it 

 has been demonstrated beyond all question or doubt that this 

 territory can be reclothed with beautiful forests, the streams re- 

 stored to their former fulness, and the matured product market- 

 ed so as to produce a handsome revenue to the State, over and 

 above all the expenses necessary to its thorough maintenance 

 and efficient administration, after the first five or ten years; and 

 during this time large realizations can be had with advantage to 

 it, rather than injury, as a Forest Preserve. 



To this end, the State should take immediate and decisive 

 measures for the purchase or absolute control of these lands ; 

 and until this can be done, the Legislature should enact a law 

 providing that the lumbermen should cut no trees less than eight 

 inches in diameter, and should so dispose of the tops and limbs 

 as to leave no debris for the fires to feed upon. 



The State has the sovereign right to make such provisions 

 with regard to these and other lands as the public needs may 

 require, — the right of eminent domain. 



Eminent domain is the original ownership retained by the 

 sovereign State, whereby land or other property may be taken 

 for the public benefit. Every species of property which the pub- 

 lic need may require is subject to be seized and appropriated 

 under this right of eminent domain. Our public parks were so 

 made through the exercise of this right, and our State and 

 country are belted and interlaced with railroads that have 

 acquired their right of way through country and towns and 

 cities by the exercise of this same right. 



The imperative duty of our Legislature to the people of this 

 great State demands that this territory that feeds our rivers 

 and canals should be at once taken from the control of the lum- 

 bermen. 



2. The law should be so amended as to provide for the 

 appointment of a Forest Commissioner, who shall receive a good 

 salary for his services, in the place of the Forest Commission, 

 consisting of three persons, who serve without compensation. 



The Forest Commissioner should be a man well equipped with 

 a knowledge of forestry, of good administrative ability, fearless 

 in the discharge of duty, acquainted with public affairs, a good 

 lawyer, an influential citizen, able to command the attention of 

 public audiences, a successful champion of the cause of forestry 

 before the people, and a wise, far-seeing, honest politician, able 

 to convince legislators and command necessary legislation. 



3. The law should be amended so as to provide for the trial 



