FISHES AND FISHING IN THE ADIRONDACK^. 289 



to lift the grand old man to our shoulders and bear him in reverent triumph up 

 the ascent." » 



Possibly the "sportsman's view" — especially if he is past the age when 

 Dr. Osier says he should be chloroformed — may be extended to another subject 

 which concerns him indirectly, but very much. He will venture to "say his say." 



By the terms of section 7, Article VII, of the Constitution of 1894 the lands 

 of the State, then owned or thereafter acquired, within the limits of the Forest 

 Preserve, are forever to be kept as "wild forest lands." "They shall not be leased, 

 sold or exchanged, or be taken by any corporation, public or private, nor shall 

 the timber thereon be sold, removed or destroyed." This new provision of the 

 Constitution outlined and fixed the policy of the State with reference to these lands. 



Chapter 220, Laws of 1897, created a Forest Preserve Board and provided for 

 the acquisition of land and waters and structures within the territory embraced - 

 in the Adirondack Park, or such portions thereof as such board may deem it 

 advisable to acquire for the interests of the State. The board was given the 

 power by a quick and simple proceeding to take, and reduce to immediate 

 possession, such lands, etc., and to adjust the claims of the owners if they can 

 be agreed upon. If they are unable to agree with the owner for the value of 

 the property and the damages for taking it, the owner is given the right to go 

 to the Court of Claims and obtain judgment therefor. 



This power to appropriate real property, so vested in the Forest Preserve 

 Board, is limited to the appropriation of real property adjoining land already owned 

 or appropriated by the State at the time the description and certificate (for the 

 new appropriation) are filed in the office of the Secretary of State; "except that 

 timber land not so adjoining State land may be appropriated whenever in the 

 judgment of the board timber thereon, other than spruce, pine or hemlock, is being 

 cut or removed to the detriment of t lie forest, or the interests of the State." 



The owner of land taken under the act of 1897 may at his option, to be exer- 

 cised within certain limitations, reserve the spruce timber thereon ten inches or 

 more in diameter at a height three feet above the ground; and land acquired 

 by purchase may be taken subject to the reservation of the soft timber thereon 

 down to eight inches in diameter on the stump with the right to remove the 

 same. There are various restrictions on this reservation of timber and the exer- 

 cise of the right; notably, the reservation does not include or affect timber within 

 twenty rods of a lake, pond or river, and such timber cannot be reserved. By chapter 

 94, Laws of 1 901, the Forest Preserve Board was abolished, and its powers 

 (herein set forth) granted to the Forest, Fish and Game Commission; and two 

 Commissioners of the Land Office may be designated to act with them. 

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