54 Foukth Annual Report of the 



The determination of the vital question, namely the power 

 of the Forest, Fish and Game Commissioner to stipulate that 

 judgment could be taken against the State adjudicating the de- 

 fendant as the owner of lands within the Forest Preserve, neces- 

 sarily and materially affects a number of similar cases where the 

 same question is involved. The decision does not go to the good 

 faith of the transaction but rests entirely upon the lack of power 

 conferred upon the Commissioner, particularly in view of the 

 constitutional prohibition of alienation of State lands within the 

 Forest Preserve. The land involved in the action which has been 

 sent back for a new trial consists of about 2,100 acres lying 

 north of Township 50, in Hamilton and Essex counties, and upon 

 which land the soft wood timber had been removed. Should it 

 be finally determined that the State owned the land at the time 

 the judgment was permitted to be taken, the defendants will be 

 required to pay the damages incurred by the taking of the same. 



Following the decision just referred to, Justice Borst has ren- 

 dered a decision involving a similar transaction with the Forest, 

 Fish and Game Commissioner and the Raquette Falls Land Com- 

 pany. The lands in question are located in Township 12, Old 

 Military Tract, Essex county, and comprise about 1,000 acres of 

 land which is substantially virgin forest, and upon which the 

 defendant has commenced lumbering operations, under the terms 

 of an agreement which has been, by the decision of Justice Borst, 

 determined not to be within the power of the Commissioner to 

 make. 



Two judgments against the New York Central and Hudson 

 Ri\o^ Railroad Company, one in Herkimer county and the other 

 in Franklin county, were reversed in the Court of Appeals and 

 new trial ordered. These actions were for damages to State lands, 

 caused by fire alleged to have been set by the railroad company 

 in 1908. 



During the year 1914 the Conservation Bureau of the Attorney- 

 Greneral's office has disposed of one hundred and nine cases. Of 

 these, sixty-five involved titles to lands in the Forest Preserve of 

 the State of New York; eleven actions for trespass, and twenty- 

 five actions for violations of the fish and game provisions of the 

 statute have been prosecuted. 



