392 FIFTEENTH ANNUAL REPORT OF THE 



' By the law as it then existed, the forest commission was charged 

 with the duty of protecting all forests in the forest preserve. It had charge 

 of the public interests of the State with regard to forestry and tree planting 

 and especially with reference to forest fires, and was charged with certain 

 duties in the formation of an interest in behalf of forestry in the schools 

 of the State. It may, I think, be assumed that the forest commission in 

 the discharge of its duty to the interest of the State, obtained the cove- 

 nant in question. 



" I am of the opinion that the use and sale in question is within the 

 prohibition of trie' negative covenant ; that the affirmative covenant should 

 not be construed to nullify or override the negative covenant and there- 

 fore doss not justify the said use and sale; that such use and sale cannot 

 be justified upon the theory that they are allowable by way of preparation 

 for sale for camp and cottage purposes; that the plaintiff is entitled to an 

 injunction restraining any further cutting under the said agreement or sale." 



By this decision the Department established that commercial lumber- 

 ing operations upon these reserved lands were not permitted under the 

 terms of this covenant and that the shores of the beautiful lakes and streams 

 in this popular region of the Adirondacks will remain covered with the 

 natural forest growth and be beyond the reach of the lumberman and 

 free from his devastation and destruction. 



Special Counsel Litigation 



In the case of People v. Santa Clara Lumber Company, Attorney- 

 General Jackson, shortly after assuming office in 1907, applied to the Su- 

 preme Court to be submitted as the attorney of record instead of Messrs. 

 Lewis & McKay who had been designated by former Commissioner D. G. 

 Middleton, and also to vacate and set aside all proceedings in the above 

 action subsequent to the service of the defendant's answer: 



The judgment sought to be set aside by this motion was one entered 

 upon the stipulation of former Commissioner Middleton, by which stipula- 



