Conservation Commission 43 



State, including the examination of titles. A summary of the 

 cases thus examined and referred to the Attorney-General for 

 prosecution is appended to this report. The counsel to the Com- 

 mission also advises the heads of all divisions of the Conservation 

 Commission and during the year has rendered a large number of 

 opinions. The office of assistant counsel has been abolished. 



In addition to the actions prosecuted through the Attorney- 

 General, this Commission has been carrying on important litiga- 

 tion to uphold the power of the Commission in relation to the 

 improvement of water courses for the benefit both of health and 

 property. A proceeding for the improvement of the Canaseraga 

 creek instituted by the predecessor of this Commission, the State 

 Water Supply Commission, under chapter 734 of the Laws of 

 1904, was attacked by certain property owners, claiming that 

 the improvement scheme contemplated not simply and solely the 

 regulation of the flow of Canaseraga creek and intersecting water 

 courses, but also involved the drainage of adjacent lands. In a 

 decision rendered by the Court of Appeals in this case on October 

 21, 1913, the power of the Commission to prosecute such an im- 

 provement was upheld. 



In disposing of the objections made by property owners the 

 Court of Appeals points out that the language of the statute 

 plainly contemplates not merely the regulation of the flow of the 

 principal stream, but also such incidental work as may tend to aid 

 in regulating the flow of water so as best to promote the purposes 

 of the improvement, to wit, the safety and health of the public, 

 and that a river improvement scheme is not invalidated because 

 incidentally it involves the drainage of adjacent territory. 



All of which is respectfully submitted. 



GEORGE E. VAN KENNEN, 

 JAMES W. FLEMING, 

 JOHN D. MOORE, 



Conservation Com m ission e vs. 



Albany, N. Y., January 15, "1914. 



