FOREST, FISH AND GAME COMMISSION. 87 



to a tract of land known as the North Gouverneur Tract, in Oneida County. 

 The action arose on account of the seizure and sale by the Commission of about 

 $700 worth of pulp-wood cut on said lot and sold to Johnston & Gibby, whom the 

 Commission were bound to protect in the purchase. Mr. Wells claimed title to 

 the land by a county tax sale of Oneida County, and this decision settles for all 

 time any claim against land acquired by State tax sales over county sales. 



Tf)e Cold Storage Case. 



The noted case of the People vs. The Arctic Refrigerating Company of New 

 York City, which was being pressed in the Appellate Court at the time of the 

 issuance of the last report of the Commission, is now in the Court of Appeals 

 waiting its turn with other cases, and, judging by the decisions of the Supreme 

 and Appellate Courts, the people will be successful as to the major portion of their 

 claims. The defective points in the law, which affected a portion of the amount 

 claimed by the people, was so amended by the last Legislature that it now conforms 

 to what the courts held it should have been, and the masses of people interested 

 in the protection of song and insectivorous birds now realize that they have a law to 

 stand on no matter what may have been said to the contrary. 



(iarne L,aw Amendment^. 



Several amendments were made by the last Legislature which materially 

 improve the Game Law and make possible the maintaining of actions as against 

 the former law. One very important amendment, which refers to fish and game 

 coming from without the State, now puts the Department in a position to bring 

 and maintain actions for possession no matter where said fish and game come 

 from. This was not possible under the old law after the decision of the Court of 

 Appeals in the case of the People vs. The Buffalo Fish Company, as the Court 

 held in that case that it was not the intent of the Legislature, when passing the 

 law relative to possession, that it apply to fish coming from without the State. 



While continuous amendments from year to year are not advisable, as a 

 constant tampering with the law is confusing and misleading to the many people 

 interested, I feel that a few slight changes are necessary: First, for a more 

 uniform law as to open and close season in all counties, and make it possible for 

 one to hunt and fish in safety without stopping to determine the county lines. 

 Many of these laws are useless, and the benefit derived is of little or no value. 



