FOREST, FISH AND GAME COMMISSIONER. 401 



cement construction for the storage of water for use in the generation of 

 electric power in connection with its power plants at these places. 



In the early part of 1908 the above-named corporation filled its reser- 

 voir at Franklin Falls to within ten to twelve feet of the crest of said dam 

 and filled its dam at Union Falls to within about three or four feet from 

 the crest of its dam. 



The waters of the Saranac river were thereby caused to be set back 

 and to overflow and inundate forest preserve lands of the State bordering 

 upon the said river and in its immediate vicinity, and a considerable quantity 

 of timber was injured and destroyed by such inundation — the dam at 

 Franklin Falls flooded an area of the State land to the extent of ninety 

 acres and caused the destruction of upward of 2,500 live and growing 

 trees, and the dam at Union Falls flooded an area of the State land to the 

 extent of 200 acres and caused the destruction of upward of 5,000 live and 

 growing trees. 



Injuction actions were commenced by this Department and a temporary 

 injunction was granted in each case restraining The Paul Smith Electric 

 Light and Power and Railroad Company from raising and setting back the 

 waters of the Saranac river upon the Forest Preserve lands of the State at 

 any greater height than they were wont to be maintained by nature, and 

 from taking and appropriating for its corporate uses and purposes the said 

 lands of the State and from destroying and injuring the timber standing 

 and growing upon the said lands by the maintenance and operation of its 

 said dams at Franklin Falls and at Union Falls. 



Although the actions have not been brought to trial, by reason of 

 dilatory motions and appeals made by the defendant, the temporary injunc- 

 tion still remains in force and is as effective for the protection of the State's 

 rights as if a permanent injunction had been granted. 



A third action was thereafter commenced by the State against this 

 company to recover penalties and damages for the destruction of timber 

 upon its forest preserve lands, the amended complaint in that action 

 demanding a judgment for $144,960. 



Immediately after the joinder of issue in these actions the defendant 

 made dilatory motions; first, for the settling and framing of issues of fact 

 and direction of their trial by jury in the two injunction actions, and, 



