142 REPORT OF THE COMMISSIONERS OF FISHERIES, GAME AND FORESTS. 



In the litigation of titles to lands in the Forest Preserve, the Commission has been 

 successful in every case. In one important suit, The people v. Benton Turner, the 

 defendant appealed his case to the United States Supreme Court at Washington, 

 where a decision was rendered in favor of the State. This opinion confirmed the con- 

 stitutionality of chapter 448, Laws of 1885, which provides that all conveyances by 

 the Comptroller of lands sold at tax sales, after being recorded two years in the 

 county clerk's office, and all outstanding certificates of a tax sale that are in force two 

 years after the time for redemption expires, shall, six months after the passage of this 

 act, be conclusive evidence that the sale and all proceedings prior thereto were 

 regular, and shall be conclusive evidence thereof after two years from the date of 

 recording such conveyances or four years from the date of such certificate. 



The enactment of this law and the affirmation of its constitutionality by the United 

 States Supreme Court perfects the title to the Forest Preserves and relieves the State 

 from further litigation arising out of alleged irregularities in the assessments or tax 

 sales through which the public obtained these lands. The case was ably argued by 

 Attorney-General Hancock on the part of the State. The important issues involved 

 render the successful termination of this twelve-years' lawsuit a matter of congratu- 

 lation to all who have the forestry interests of the State at heart. 



Another suit, which was brought by a land company to obtain possession of Lower 

 Saranac lake and the adjacent lands, was tried before Judge Coxe in the United States 

 District Court, at Utica. This case was tried in March, 1896, the Commission being 

 represented by Deputy Attorney- General Hasbrouck. The decision in this suit, 

 which was not rendered until October, 1897, was also in favor of the State, and 

 secures the undisturbed possession of a magnificent piece of property, with all its 

 wealth of forests, lakes, islands and unsurpassed scenery. 



Counsel has been retained and proceedings begun by this department before the 

 State Comptroller, under the provisions of chapter 392, Laws of 1897, for the purpose 

 of setting aside the Comptroller's cancellations of the tax sales of 1877, 1881 and 1885 

 upon Township 20, Franklin county, and 6,280 acres in the southeast quarter of 

 Township 23, Franklin county, and upon Lots 27, 28, 41, 88, 89, 90, 92, 93, 95 and 

 98 in the north one-half of Arthurboro Patent, Hamilton county. 



In estimating the cost of maintaining a forest department it might be well to note 

 the success with which it has contested for years every attempt to wrest land from the 

 State through the action of the courts and prevented the loss of forest tracts worth 

 many hundred thousand dollars. 



WILLIAM F. FOX, 



Superintendent of Forests. 



