FOREST, FISH AND GAME COMMISSIONER. 389 



' The defendants also insist that the lands upon which the trees were 

 cut are not within the forest preserve and that if they are not within the 

 forest preserve this action, which is brought pursuant to section 222 of 

 the Forest, Fish and Game Law (L. 1900, ch. 20), cannot be sustained. 



' The language of the statute specifying the lands which are included 

 within the forest preserve is clear and definite and does not in itself require 

 construction. Its plain and positive language is made even more certain 

 by the fact that some exceptions are stated therein. It is suggested that 

 serious trouble and inconvenience may arise if lands owned by the State 

 within the boundaries of the forest preserve but not specially purchased 

 and held as wild forest lands are treated as a part of the forest preserve. 

 The questions that may arise about lands owned by the State within the 

 boundaries of the forest preserve, but which are now devoted or which 

 it may be desirable to devote to purposes other than as wild forest lands, 

 may be left for solution when they arise. 



' The lands upon which the trees were cut are wild forest lands owned 

 by the State within the forest preserve, and although acquired pursuant 

 to the statutes relating to the canals and works belonging to the State 

 connected with the canals, were acquired for purposes and objects directly 

 connected with the forest preserve and the preservation and supply of 

 water in the streams leading from the forest preserve. 



" The lands in question are not only owned by the State, but their 

 retention as wild forest lands is within the spirit as well as the letter of 

 the statute creating and defining the preserve. The control of such forest 

 lands should be and is with the Forest, Fish and Game Commission, and 

 the action was therefore, properly brought pursuant to the Forest, Fish 

 and Game Law." 



The status of wild forest lands within the Forest Preserve counties, 

 acquired by the State for purposes other than forest preservation was 

 thereby finally and definitely determined and the jurisdiction of the Forest, 

 Fish and Game Commission and application of the statute to such land 

 became settled beyond further question. 



