Conservation Commission 79 



failed to conform to specification on similar inspection. There 

 are, however, a few cases where the operators have failed to 

 comply with the law and these cases have been submitted to the 

 Attorney-General with instructions to prosecute. 



The I^ew York Central and Hudson Kiver Railroad Company 

 filed with the Public Service Commission March 12, 1914, a 

 petition requesting to be relieved from an order of that Commis- 

 sion dated April 1, 1909, which required them to use oil as fuel 

 in locomotives on day trains upon their Adirondack lines during 

 the fire season. The petition recited that since the 1909 order 

 was issued there had been a decided increase in the cost of fuel 

 oil, making the present cost of oil over coal about $90,000 per 

 season; that an improved type of ''superheater" locomotive had 

 been designed and tested by the company, which they alleged to 

 be absolutely safe as to escape of sparks, coals and cinders. 



The Public Service Commission held several hearings and the 

 Conservation Commission opposed any modification of the 1909 

 order. We were greatly assisted by the Association for the Pro- 

 tection of the Adirondacks as well as by representatives of the 

 Empire State Forest Products Association, the International 

 Paper Company and several other land owners. We contended: 



1. The use of oil burners eliminated all forest fires resulting 

 from sparks, coals or cinders from locomotives. 



2. That no matter how effective the design or equipment of a 

 locomotive may be, there is still remaining the question of main- 

 tenance and operation. 



3. That past experience shows the disastrous results of such 

 fires, and that the interests endangered are too great to permit 

 any chance of fires. 



The Public Service Commission by decision dated May 21, 

 1914, sustained our objections and denied the application. Their 

 conclusions were: 



" 1. The preservation of the State's forests from fire and de- 

 struction transcends in importance all questions of expediency, 

 convenience, or economy, and demands the adoption and enforce- 

 ment of every possible protective and preventive measure. 



" 2. The question as to what fuel may be used for steam gen- 

 eration in locomotives operated in the Forest Preserve is simply 



