FOREST, FISH AND GAME COMMISSIONER. 395 



who are specially qualified in the legal matters constantly demanding 

 attention. 



In this Department, outside of the fish and game violations, the Com- 

 mission is charged with the care, control and custody of all the land in 

 the Forest Preserve comprising 1,641,523 acres, and the legal business in 

 the care of this vast property, in the prevention of trespass and invasions 

 upon the public rights, and in the defense of attacks upon its title, is of 

 great importance and involves large interests of the State. 



The Legislature, in the enactment of the statute conferring the power 

 upon the Commission to employ counsel, have recognized the great import- 

 ance of the needs of the Department in having in its service attorneys who 

 are skilled and familiar with its special litigation, and the decision of the 

 court in this case sustaining the constitutionality of such statutes is one 

 of far-reaching importance and of great benefit to this and other depart- 

 ments of the State government. 



Woodruff Road Litigation 



In 1907, Timothy L. Woodruff made application to the Forest, Fish 

 and Game Commission, under section 220 of the Forest, Fish and Game 

 Law (chapter 20 of the Laws of 1900), for the approval of a route of -a 

 proposed highway or the designation of such other route as might be proper, 

 over and across certain lands in Township 4, Totten and Crossfield's Pur- 

 chase owned by the State and being a part of the Forest Preserve. 



The highway sought to be constructed was intended to connect by a 

 direct route the premises of Mr. Woodruff in Township 6, known as Kamp 

 Kill Kare, and premises owned by him in Nivin's Tract in Township 4. 



The application was made to the Commission invoking the exercise 

 of the power vested in it by the above section to " lay out roads and the 

 paths ' ' in the Adirondack and Catskill Parks — the right to the approval 

 of said proposed route being based upon a reservation of five acres out of 

 every hundred acres for highways contained in the original patent by the 

 State, pursuant to chapter 67 of the Laws of 1786. 



